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§ 9108. Joint tenancy

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 72 P.S. Taxation and Fiscal Affairs

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 72 P.S. Taxation and Fiscal Affairs
Chapter 5. Tax Reform Code of 1971 (Refs & Annos)
Article XXI. Inheritance Tax (Refs & Annos)
Part II. Transfers Subject to Tax (Refs & Annos)
72 P.S. § 9108
§ 9108. Joint tenancy
(a) When any property is held in the names of two or more persons or is deposited in a financial institution in the names of two or more persons so that, upon the death of one of them, the survivor or survivors have a right to the immediate ownership or possession and enjoyment of the whole property, the accrual of such right, upon the death of one of them, shall be deemed a transfer subject to tax of a fractional portion of such property to be determined by dividing the value of the whole property by the number of joint tenants in existence immediately preceding the death of the deceased joint tenant.
(b) Except as provided in subsection (c), this section shall not apply to property or interests in property passing by right of survivorship to the survivor of husband and wife.
(c) If the co-ownership was created within one year prior to the death of the co-tenant, the entire interest transferred shall be subject to tax only under, and to the extent stated in, subsection (c)(3) of section 21071 as though a part of the estate of the person who created the co-ownership.

Credits

1971, March 4, P.L. 6, No. 2, art. XXI, § 2108, added 1991, Aug. 4, P.L. 97, No. 22, § 36, effective in 60 days. Amended 1994, June 16, P.L. 279, No. 48, § 33, effective July 1, 1994; 1995, June 30, P.L. 139, No. 21, § 17, effective July 1, 1995.

Footnotes

72 P.S. § 9107.
72 P.S. § 9108, PA ST 72 P.S. § 9108
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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