[HISTORY: Adopted by the Borough Council of the Borough of
Mount Gretna as indicated in article histories. Amendments noted where
applicable.]
[Adopted 3-22-1968 by Ord. No. 80; amended 11-14-2011 by Ord. No.
177]
This article shall be known and may be cited as the "Mount Gretna
Borough Earned and Net Profits Tax Ordinance."
All terms defined in the Local Tax Enabling Act shall have the
meanings set forth therein. The following terms shall have the meanings
set forth herein:
The person or entity appointed as tax officer pursuant to
the Local Tax Enabling Act to collect the tax.
January 1, 2012.
Mount Gretna Borough.
The Local Tax Enabling Act, as set forth in 53 P.S. § 6901
et seq. while such numbering and provisions remain in effect under
Act 32 of 2008, and as set forth in 53 P.S. § 6924.101 et
seq. when such numbering and provisions become effective under Act
32, and as amended in the future.
The tax imposed by this enactment.
Mount Gretna Borough.
A form prescribed by the collector for reporting the amount
of tax or other amount owed or required to be withheld, remitted,
or reported under this enactment or the Local Tax Enabling Act.
The period from January 1 to December 31.
The tax collection committee established to govern and oversee
the collection of earned income tax within the TCD under the Local
Tax Enabling Act.
Any tax collection district to which the taxing authority
or any part of the taxing authority is assigned under the Local Tax
Enabling Act.
This article.
A.Â
General purpose resident tax. The taxing authority hereby imposes
a tax for general revenue purposes at the rate of 0.5% on earned income
and net profits of individual residents of the taxing authority.
B.Â
Ongoing tax. The tax shall continue at the above rates during the
current tax year and each tax year thereafter, without annual reenactment,
until this enactment is repealed or the rate is changed.
C.Â
Local tax enabling act applicable. The tax is imposed under authority
of the Local Tax Enabling Act, and all provisions thereof that relate
to a tax on earned income or net profits are incorporated into this
enactment. Any future amendments to the Local Tax Enabling Act that
are required to be applied to a tax on earned income or net profits
will automatically become part of this enactment upon the effective
date of such amendment, without the need for formal amendment of this
enactment, to the maximum extent allowed by 1 Pa.C.S. § 1937.
D.Â
Applicable laws, regulations, policies, and procedures. This tax
shall be collected and administered in accordance with all applicable
laws and regulations; and with regulations, policies and procedures
adopted by the TCC or by the collector. This includes any regulations,
policies, and procedures adopted in the future to the maximum extent
allowed by 1 Pa.C.S. § 1937.
No exemption from tax. Although credits and deductions against
the tax are permitted under certain circumstances as provided in applicable
law and regulations, no individuals are exempt from the tax based
on age, income or other factors.
Every individual receiving earned income or earning net profits
in any tax year shall file tax returns and pay tax in accordance with
the Local Tax Enabling Act.
Every employer shall register, withhold, and remit the tax,
and file tax returns in accordance with the Local Tax Enabling Act.
The tax will be collected from individuals and employers by
the collector.
Individuals and employers are subject to interest, penalties,
costs, and fines in accordance with the Local Tax Enabling Act, including
costs imposed by the collector in accordance with the Local Tax Enabling
Act.
The primary purpose of this enactment is to conform the earned
income and net profits tax currently imposed to the Local Tax Enabling
Act, as amended and restated by Act 32 of 2008, and to do so within
the time frame required by Act 32. Any prior enactment imposing a
tax on earned income or net profits of individuals is amended and
restated in its entirety to read as stated in this enactment. Any
other prior enactment or part of any prior enactment conflicting with
the provisions of this enactment is rescinded insofar as the conflict
exists. To the extent the same as any enactment in force immediately
prior to adoption of this enactment, the provisions of this enactment
are intended as a continuation of such prior enactment and not as
a new enactment. If this enactment is declared invalid, any prior
enactment levying a similar tax shall remain in full force and effect
and shall not be affected by adoption of this enactment. If any part
of this enactment is declared invalid, the similar part of any prior
enactment levying a similar tax shall remain in effect and shall not
be affected by adoption of this enactment. The provisions of this
shall not affect any act done or liability incurred, nor shall such
provisions affect any suit or prosecution pending or to be initiated
to enforce any right or penalty or to punish offense under the authority
of any enactment in force prior its adoption of this enactment. Subject
to the foregoing provisions of this section, this enactment shall
amend and restate on the effective date any enactment levying a tax
on earned income or net profits in force immediately prior to the
effective date.
This article shall take effect and be in force on January 1,
2012.
[Adopted 12-11-2006 by Ord. No. 166]
Mount Gretna Borough adopts the provisions 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 § 170-11 of this article 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;" provided, that if the correct amount of the tax is not paid by the last date prescribed for timely payment, Mount Gretna Borough, 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.
Any tax imposed under § 170-11 of this article 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.
The provisions of this article shall become effective on and
be applicable to any document made, executed, delivered, accepted
or presented for recording to the Recorder of Deeds of Lebanon County,
Pennsylvania, five days from the date set forth herein.
