[Adopted 2-1-1972 by Ord. No. 327; amended in its entirety 7-10-2007 by Ord. No.
492 (Ch. 24, Part 3, of the 1993 Code)]
The Borough of Muncy adopts the provision of Article XI-D of
the Tax Reform Code of 1971[1] and imposes a realty transfer tax as authorized under
that article subject to the rate limitations therein. The tax imposed
under this section shall be at the rate of 1%.
[1]
Editor's Note: See 72 P.S. § 8101-D et seq.
The tax imposed under § 248-8 and all applicable interest and penalties shall be administered, collected and enforced under the Act of December 31, 1965 (P.L. 1257, No. 511, as amended, known as the "Local Tax Enabling Act");[1] provided, that if the correct amount of the tax is not
paid by the last date prescribed for timely payment, the Borough of
Muncy, pursuant to Section 1102-D of the Tax Reform Code of 1971 (72
P.S. § 8102-D), authorizes and directs the Department of
Revenue of the Commonwealth of Pennsylvania to determine, collect,
and enforce the tax, interest and penalties.
[1]
Editor's Note: See now 53 P.S. § 6924.101 et seq.
Any tax imposed under § 248-8 that is not paid by the date the tax is due shall bear interest as prescribed for interest on delinquent municipal claims under the Act of May 16, 1923 (P.L. 207, No. 153) (53 P.S. § 7101 et seq.), as amended, known as the "Municipal Claims and Tax Liens Act." The interest rate shall be the lesser of the interest rate imposed upon delinquent commonwealth taxes as provided in Section 806 of the Act of April 9, 1929 (P.L. 343, No. 176) (72 P.S. § 806), as amended, known as the "Fiscal Code," or the maximum interest rate permitted under the Municipal Claims and Tax Liens Act for tax claims.
Every document lodged with or presented to the Recorder of Deeds
for recording shall set forth therein and as a part of such document
the true, full and complete value thereof, or shall be accompanied
by a statement of value executed by a responsible person connected
with the transaction showing such connection and setting forth the
true, full and complete value thereof or the reason, if any, why such
document is not subject to tax under this article. A copy of the Pennsylvania
Realty Transfer Tax Statement of Value may be submitted for this purpose.
The provisions of this section shall not apply to any excludable real
estate transfers which are exempt from taxation based on family relationship.
Other documents presented for the affixation of stamps shall be accompanied
by a certified copy of the document and statement of value executed
by a responsible person connected with the transaction showing such
connection and setting forth the true, full and complete value thereof
or the reason, if any, why such document is not subject to tax under
this article.
A.
If any part of any underpayment of taxes imposed by this article
is due to fraud, there shall be added to the tax an amount equal to
50% of the underpayment.
B.
In the case of failure to record a declaration required under this
article on the date prescribed therefor, unless it is shown that such
failure is due to reasonable cause, there shall be added to the tax
5% of the amount of such tax if the failure is for not more than one
month, with an additional 5% for each additional month or fraction
thereof during which such failure continues, not exceeding 50% in
the aggregate.
The tax imposed by this article shall become a lien upon the
lands, tenements or hereditaments, or any interest therein, lying,
being situated, wholly or in part within the boundaries of the Borough
of Muncy, which lands, tenements, hereditaments or interest therein,
are described in or conveyed by or transferred by the deed which is
the subject of the tax imposed, assessed and levied by this article,
said lien to begin at the time when the tax under this article is
due and payable, and continue until discharged by payment, or in accordance
with the law, and the Solicitor is authorized to file a municipal
or tax claim in the Court of Common Pleas of Lycoming County, in accordance
with the provisions of the Municipal Claims and Liens Act of 1923,
53 P.S. § 7101 et seq., its supplements and amendments.
All taxes imposed by this article, together with interest and
penalties prescribed herein, shall be recoverable as other debts of
like character are recovered.
