Section 2108. 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. ((b) amended June 30, 1995, P.L.139, No.21)
(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 2107 as though a part of the estate of the person who created the co-ownership.
(2108 added Aug. 4, 1991, P.L.97, No.22)
Compiler's Note: Section 24 of Act 21 of 1995, which amended subsection (b), provided that section 43(4)(ii) of Act 48 of 1994 is repealed insofar as it limits the amendment or addition of Article XXI from applying to the estates of decedents dying on or after January 1, 1995.