[Adopted 7-6-1994 by Ord. No. 177]
 
This Part shall be known as the "Upper Makefield Township Earned Income Tax Ordinance."
This Part is enacted and adopted under and by virtue of the authority of the Act of December 31, 1965, P.L. 1257, 53 P.S. § 6901 et seq., the Local Tax Enabling Act, and its supplements and amendments.[1] This Act is incorporated herein by reference, except that where options are provided in §§ 13 and 14 of the Act (53 P.S. §§ 6913 and 6914), this Part designates the options selected.
[1]
Editor's Note: See now 53 P.S. § 6924.101 et seq.
The terms used in this Part shall have the definitions ascribed to them by § 1 of the Local Tax Enabling Act, 53 P.S. § 6913(1).
A tax for general revenue purposes in the amount of 1% is hereby imposed on earned income including, inter alia, salaries, wages, commissions, bonuses, incentive payments, fees, tips and other compensation received by residents of Upper Makefield Township, and on earned income including, inter alia, salaries, wages, commissions, bonuses, incentive payments, fees, tips and other compensation received by nonresidents of Upper Makefield Township for work done or services performed or rendered in Upper Makefield Township and on the net profits received from businesses, professions or other activities conducted by residents of Upper Makefield Township and the net profits received from businesses, professions or other activities conducted in Upper Makefield Township by nonresidents of Upper Makefield Township, beginning August 5, 1994, and continuing for each succeeding year from January 1 through December 31.
A. 
Net profits.
(1) 
Every taxpayer making net profits shall, on or before April 15 of the current year, make and file with the officer, on a form prescribed or approved by the officer, a declaration of his or her estimated net profits during the period beginning, in 1994, August 5, 1994, and ending December 31, 1994, and, each year after 1994, for the period beginning January 1 of the current year and ending December 31 of the current year, and pay to the officer in four equal quarterly installments the tax due thereon as follows: the first installment at the time of filing the declaration, and the other installments on or before June 15 of the current year, September 15 of the current year and January 15 of the succeeding year, respectively.
(2) 
Any taxpayer who first anticipates any net profit after April 15 of the current year shall make and file the declaration hereinabove required on or before June 15 of the current year, September 15 of the current year on December 31 of the current year, whichever of these dates next follows the date on which taxpayer first anticipates such net profits and pay to the officer in equal installments the tax due thereon on or before the quarterly payment dates which remain after the filing of the declaration.
(3) 
Every taxpayer shall, on or before April 15 of the succeeding year, make and file with the officer on a form prescribed or approved by the officer, a final return showing the amount of net profits earned during the period beginning, in 1994, August 5, 1994 and ending December 31, 1994, and, after 1994, for the period beginning January 1 of the current year and ending December 31 of the current year, the total amount of tax due thereon and the total amount of tax paid thereon. At the time of filing the final return, the taxpayer shall pay to the Officer the balance of tax due or shall make demand for refund or credit in the case of overpayment.
(4) 
Any taxpayer may, in lieu of paying the fourth quarterly installments of his estimated tax, elect to make and file with the Officer on or before January 31 of the succeeding year, the final return as hereinabove required.
(5) 
Every taxpayer who discontinues business prior to December 31 of the current year shall, within 30 days after the discontinuance of business, file his return as hereinabove required and pay the tax due.
B. 
Earned income.
(1) 
Every taxpayer shall, on or before April 15 of the succeeding year, make and file with the Officer on a form prescribed or approved by the officer, a final return showing the amount of earned income received during the period beginning August 5, 1994, and ending December 31, 1994, for 1994, and for the period beginning January 1 of the current year and ending December 31 of the current year for all years succeeding 1994, the total amount of tax due thereon, the amount of tax paid thereon, the amount of tax thereon, the amount of tax paid thereon, the amount of tax thereon that has been withheld pursuant to the provisions relating to collection at source and the balance of tax due. At the time of filing the final return, the taxpayer shall pay the balance of the tax due, or shall make demand refund or credit in the case of overpayment.
(2) 
Earned income not subject to withholding. Every taxpayer who is employed for a salary, wage, commission or other compensation and who receives any earned income not subject to the provisions relating to collection at source shall make and file with the Officer, on a form prescribed or approved by the Officer, a quarterly return on or before April 30 of the current year, July 31 of the current year, October 31 of the current year and January 31 of the succeeding year, setting forth the aggregate amount of earned income not subject to withholding by the taxpayer during the three-month periods ending March 31 of the current year, June 30 of the current year, September 30 of the current year and December 31 of the current year, respectively, and subject to the tax, together with such other information as the Officer may require. Every taxpayer making such return shall, at the time of filing thereof, pay to the Officer the amount of the tax shown as due thereon.
A. 
Every employer having an office, factory, workshop, branch, warehouse or other place of business within the corporate limits of Upper Makefield Township, Bucks County, Pennsylvania, who employs one or more persons, other than domestic servants, for a salary, wage, commission or other compensation, who has not previously registered, shall, within 15 days after becoming an employer, register with the Officer his name and address and such other information as the Officer may require.
B. 
Every employer having an office, factory, workshop, branch, warehouse or other place of business within the corporate limits of Upper Makefield Township, Bucks County, Pennsylvania, who employs one or more persons, other than domestic servants, for a salary, wage, commission or other compensation, shall deduct at the time of payment thereof, the tax imposed by this Part on the earned income due to his employee or employees and shall, on or before April 30 of the current year, July 31 of the current year, October 31 of the current year and January 31 of the succeeding year, file a return and pay to the Officer the amount of taxes deducted during the preceding three-month periods ending March 31 of the current year, June 30 of the current year, September 30 of the current year and December 31 of the current year, respectively. Such return, unless otherwise agreed upon between the Officer and the employer, shall show the name and social security number of each such employee, the earned income of such employee during such three-month period, the tax deducted therefrom, the name of Upper Makefield Township, Bucks County, Pennsylvania, which is the political subdivision imposing the tax upon such employee, the total earned income of all such employees during such preceding three-month period, and the total tax deducted therefrom and paid with the return.
C. 
Any employer who for two of the preceding four quarterly periods has failed to deduct the proper tax, or any part thereof, or has failed to pay over the proper amount of tax to Upper Makefield Township, Bucks County, Pennsylvania, may be required by the officer to file his return and pay the tax monthly. In such cases, payments of tax shall be made to the Officer on or before the last day of the month succeeding the month for which the tax was withheld.
D. 
On or before February 28 of the succeeding year, every employer shall file with the officer:
(1) 
An annual return showing the total amount of earned income tax paid, the total amount of tax deducted, and the total amount of tax paid to the officer for the period beginning August 5, 1994, and ending December 31, 1994, for 1994, and for the period beginning January 1 of the current year and ending December 31 of the current year for all years succeeding 1994.
(2) 
A return withholding statement for each employee employed during all or any part of the period beginning August 5, 1994, and ending December 31, 1994, for the year 1994, and during all or part of the period beginning January 1 of the current year and ending December 31 of the current year for all years succeeding 1994, setting forth the employee's name, address and social security number, the amount of earned income paid to the employee during said period, the amount of tax deducted, the name of Upper Makefield Township, Bucks County, Pennsylvania, which is the political subdivision imposing the tax upon such employee, and the amount of tax paid to the Officer. Every employer shall furnish two copies of the individual return to the employee for whom it is filed.
E. 
Every employer who discontinues business prior to December 31 of the current year, shall, within 30 days after the discontinuance of business, file the returns and withholding statements hereinabove required and pay the tax due.
F. 
Any employer who wilfully or negligently fails or omits to make the deductions required by this Part shall be liable for payment of the taxes which he was required to withhold to the extent that such taxes have not been recovered from the employee.
G. 
The failure or omission of any employer to make the deductions required by this section shall not relieve any employee from the payment of the tax or from complying with the requirements of this Part relating to the filing of declarations and returns.
The Income Tax Officer shall be selected from time to time by resolution of the Board of Supervisors of Upper Makefield Township and shall receive such compensation for his services and expenses as determined from time to time by the Upper Makefield Township Board of Supervisors pursuant to 53 P.S. § 6913(VI), as amended.[1] Such officer shall have the powers and duties set forth in 53 P.S. § 6913(V), as amended, and be subject to the penalties set forth in the Local Tax Enabling Act, as amended.
[1]
Editor's Note: Former 53 P.S. § 6913 was repealed by Act 32 of 2008, effective 6-30-2012. See now 53 P.S. § 6924.101 et seq.
The tax imposed in § 24-104 of this Part shall not be levied on net profits of any person, institution or organization as to whom it is beyond the power of the Board of Supervisors of Upper Makefield Township to impose said tax under the Constitution of the United States of America or the Constitution and laws of the Commonwealth of Pennsylvania.
A. 
Payments of any tax on income on any state other than Pennsylvania or to any political subdivision thereof by residents thereof pursuant to any state or local law, to the extent that such income includes salaries, wages, commissions, bonuses, incentive payments, fees, tips and other compensation or net profits of businesses, professions or other activities but in such proportions as hereinafter set forth, shall be credited to and allowed as a deduction from the liability of such person for the tax imposed by this Part on salaries, wages, commissions, bonuses, incentive payments, fees, tips and other compensation or net profits of businesses, professions or other activities, if residents of Upper Makefield Township receive credits and deductions of a similar kind to a like degree from tax on income imposed by the other state or political subdivision thereof.
B. 
Where credit or a deduction is allowable, it shall be allowed in proportion to the concurrent periods for which taxes are imposed by the other state or respective political subdivisions, but not in excess of the amount previously paid for a concurrent period.
Enforcement and penalties for the nonpayment of any tax imposed hereunder may be pursued and imposed by Upper Makefield Township as authorized by the Local Tax Enabling Act, 53 P.S. § 6913(VII), (VIII) and (IX).[1]
[1]
Editor's Note: Former 53 P.S. § 6913 was repealed by Act 32 of 2008, effective 6-30-2012. See now 53 P.S. § 6924.101 et seq.