Section 115.3. Computing the estimated tax for residents and nonresidents

(a) Effective January 1, 1978, resident individuals shall be required to file a declaration of estimated tax and pay at the rate prescribed in Article III of the TRC of 1971 (72 P. S. § § 7301—7370) of their income. Income means the same as compensation; net profits, net gains or income from the disposition of property, net gains or income derived from or in the form of rents, royalties, patents and copyrights, dividends, interest, gambling and lottery winnings, net gains or income derived through estates or trusts.

(b) Effective January 1, 1978, nonresident individuals shall be required to file a declaration of estimated tax and pay tax at the rate prescribed in Article III of the TRC of 1971 (72 P. S. § § 7301—7370) of their income from sources within this Commonwealth. Income means the same as those items listed in subsection (a) derived from sources within this Commonwealth.

(1) By reason of ownership or disposition of any interest in real or tangible personal property in this Commonwealth. Income from intangible personal property shall constitute income from sources within this Commonwealth only to the extent that such income is from property employed in a trade, profession, occupation or business carried on in this Commonwealth.

(2) In connection with a trade, profession or occupation carried on in this Commonwealth or for the rendition of personal services performed in this Commonwealth.

(3) As a distributive share of the income of an unincorporated business, profession, enterprise, undertaking or other activity as the result of work done, services rendered or other business activities conducted in this Commonwealth.

(c) For purposes of computing a declaration of estimated tax an individual’s income shall be included only once in the enumerated categories in subsection (a) even though in fact such income may fall within two categories.

(d) For purposes of computing a declaration of estimated tax an individual may not offset a gain in one of the enumerated classes of income with a loss in another class of income. A loss may be used to offset a gain in the same class of income up to the amount of the gain, but only if the class of income is one in which net income is to be reported.

The provisions of this § 115.3 amended through January 20, 1984, effective January 21, 1984, 14 Pa.B. 222. Immediately preceding text appears at serial pages (40479) to (40480).