[Adopted 5-2-1966 by Ord.
No. 85 (Ch. 128, Art. I, of the 1992 Code)]
The following terms shall have, for the purpose of this article,
the meanings respectively herein indicated:
A partnership, limited partnership or any other unincorporated
group of two or more persons.
An enterprise, activity, profession or any other undertaking
of an unincorporated nature conducted for profit or ordinarily conducted
for profit, whether by a person, partnership, association or any other
entity.
A corporation or joint-stock association organized under
the laws of the United States, the Commonwealth of Pennsylvania or
any other state, territory, foreign country or dependency.
The calendar year for which the tax is levied.
The place where one lives and has his permanent home and
to which he has the intention of returning whenever he is absent.
Actual residence is not necessarily "domicile," for "domicile" is
the fixed place of abode which, in the intention of the taxpayer,
is permanent rather than transitory. "Domicile" is the place in which
a man has voluntarily fixed the habitation of himself and his family,
not for a mere special or limited purpose, but with the present intention
of making a permanent home, until some event occurs to induce him
to adopt some other permanent home. In case of business or associations,
the "domicile" is that place considered as the center of business
affairs and the place where its functions are discharged.
Salaries, wages, commissions, bonuses, incentive payments,
fees, tips and other compensation received by a person or his personal
representative for services rendered, whether directly or through
an agent, and whether in cash or in property; not including, however,
wages or compensation paid to persons on active military service,
periodic payments for sickness and disability other than regular wages
received during a period of sickness, disability or retirement or
payments arising under workmen's compensation acts, occupational
disease acts and similar legislation or payments commonly recognized
as old age benefits, retirement pay or pensions paid to persons retired
from service after reaching a specific age or after a stated period
of employment or payments commonly known as "public assistance," or
unemployment compensation payments made by any governmental agency
to reimburse expenses or payments made by employers or labor unions
for wage and salary supplemental programs, including but not limited
to programs covering hospitalization, sickness, disability or death,
supplemental unemployment benefits, strike benefits, social security
and retirement.
A person, partnership, association, corporation, institution,
governmental body or unit or agency or any other entity employing
one or more persons for a salary, wage, commission or other compensation.
A person, public employee or private agency designated by
the governing body to collect and administer the tax on earned income
and net profits.
The net income from the operation of a business, profession
or other activity, except corporations, after provision for all costs
and expenses incurred in the conduct thereof, determined either on
a cash or accrual basis in accordance with the accounting system used
in such business, profession or other activity but without deduction
of taxes based on income.
A person, partnership, association or other entity domiciled
outside the taxing district.
A natural person.
The calendar year before the current year.
A person, partnership, association or other entity domiciled
in the taxing district.
The calendar year following the current year.
A person, partnership, association or any other entity, required
hereunder to file a return of earned income or net profits or to pay
a tax thereon.
The following tax is hereby levied under this Act[1] and shall be applicable to earned income received and
to net profits earned beginning July 1, 1966, and the tax shall continue
in force on a calendar-year or taxpayer-fiscal-year basis, without
annual reenactment, unless the rate of the tax is subsequently changed:
A.
One percent of all earned income received on or after July 1, 1966,
by residents of the Borough of South Waverly.
B.
One percent of all earned income received on or after July 1, 1966,
by nonresidents for work done or services rendered in the Borough
of South Waverly.
C.
One percent of the net profits earned on and after July 1, 1966,
in businesses, professions and other activities conducted by residents.
D.
One percent of the net profits earned on or after July 1, 1966, in
businesses, professions and other activities conducted in the Borough
of South Waverly by nonresidents.
[1]
Editor's Note: "This Act" refers to the Local Tax Enabling
Act, Act No. 511, 12-31-1965, 53 P.S. § 6924.101 et seq.
A.
Net profits.
(1)
Every taxpayer making net profits shall, on or before April 15 of
the current year, and every succeeding year, make and file with the
Officer on a form prescribed and approved by the Officer a declaration
of his estimated net profits during the period beginning January 1
and ending December 31 of the current year, and every succeeding year,
and pay to the Officer in four equal quarterly installments the tax
due thereon as follows: the first installment on or before June 15
of the current year, the next on September 15 of the current year
and the next on January 15 of the succeeding year.
(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 or December 31 of the current year, whichever of
these dates next follows the date on which the taxpayer first anticipates
such net profit, 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 January 1 of the current year and ending
December 31 of the current year, the total amount of tax due thereon
and the 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.
Any taxpayer may, in lieu of paying the fourth quarterly installment
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.
(4)
The Officer is authorized to provide by regulation for the making
and filing of adjusted declarations of estimated net profits and for
the payments of the estimated tax in cases where a taxpayer who has
filed the declaration hereinabove required anticipates additional
net profits not previously declared or finds that he has overestimated
his anticipated net profits.
(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)
Annual earned income tax return. 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 January
1 of the current year and ending December 31 of the current year,
the total amount of tax due thereon, the amount of taxes paid thereon,
the amount of tax thereon that has been withheld pursuant to the provisions
relating to the collection at the 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 for 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 received
any earned income not subject to the provisions relating to collection
at the 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
him 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 tax shown as due thereon.
A.
Every employer having an office, factory, workshop, branch, warehouse
or other place of business within the Borough of South Waverly 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 Borough of South Waverly, 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 article 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 shall show the name
and social security number of each such employee, the earned income
of such employee during such preceding three-month period, the tax
deducted therefrom, the name of the Borough of South Waverly as 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.
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 the taxing authority 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.
C.
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 paid,
the total amount of tax deducted and the total amount of tax paid
to the Officer for the period beginning January 1 of the current year
and ending December 31 of the current year.
(2)
A return withholding statement for each employee employed during
all or part of the period beginning January 1 of the current year
and ending December 31 of the current year, the amount of earned income
paid to the employee during said period, the amount of tax deducted,
the name of South Waverly Borough as 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.
D.
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.
E.
Every employer who willfully or negligently fails or omits to make
the deductions required by this section 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.
F.
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 article relating
to the filing of declaration and returns.
A.
It shall be the duty of the Officer to collect and receive the taxes,
fines and penalties imposed by this article. It shall also be his
duty to keep a record showing the amount received by him from each
person or business paying the tax and the date of such receipt.
B.
Bond.
(1)
The Officer, before entering upon his official duties shall give
and acknowledge a bond to the Borough.
(2)
Such bond shall be joint and several, with one or more corporate
sureties which shall be surety companies authorized to do business
in the Commonwealth of Pennsylvania and duly licensed by the Insurance
Commissioner of this commonwealth.
(3)
Such bond shall be conditioned upon the faithful discharge by the
Officer, his clerks, assistants and appointees of all trustees confided
in him by virtue of his office, upon the faithful execution of all
duties required of him by virtue of his office, upon the just and
faithful accounting or payment over, according to law, of all moneys
and all balances thereof paid to, received or held by him by virtue
of his office and upon the delivery to his successor or successors
in office of all books, papers, documents or other official things
held in right of his office.
(4)
Such bond shall be taken in the name of the Borough and shall be
for the use of the Borough and for the use of such other person or
persons for whom money shall be collected or received, or as his or
her interest shall otherwise appear, in case of a breach of any of
the conditions thereof by the acts or neglect of the Officer on the
bond.
(5)
The Borough or any person may sue upon said bond in its or his own
name for its or his own use.
(6)
Such bond shall contain the name or names of the surety company or
companies bound thereon. The Borough shall fix the amount of the bond
at an amount equal to the maximum amount of taxes which may be in
the possession of the Officer at any given time.
(7)
The Borough may, at any time, upon cause shown and due notice to
the Officer and his surety or sureties, require or allow the substitution
or the addition of a surety company acceptable to the Borough for
the purpose of making the bond sufficient in amount, without releasing
the surety or sureties first approved from any accrued liability or
previous action on such bond.
(8)
The Borough shall designate the custodian of the bond required to
be given by the Officer.
C.
The Officer charged with the administration and enforcement of the
provisions of this article is hereby empowered to prescribe, adopt,
promulgate and enforce rules and regulations relating to any matter
pertaining to the administration and enforcement of the article, including
provisions for the reexamination and correction of declarations and
returns and of payments alleged or found to be incorrect, or as to
which an overpayment is claimed or found to have occurred, and to
make refunds in cases of overpayment for any period of time not to
exceed six years subsequent to the date of payment of the sum involved
and to prescribe forms necessary for the administration of this article.
No rule or regulation of any kind shall be enforceable unless it has
been approved by resolution of the Borough Council. A copy of such
rules and regulations currently in force shall be available for public
inspection.
D.
The Officer shall refund, on petition of and proof by the taxpayer,
earned income tax paid on the taxpayer's ordinary and necessary
business expenses to the extent that such expenses are not paid by
the taxpayer's employer.
E.
The Officer and agents designated by him are hereby authorized to
examine the books, papers and records of any employer or of any taxpayer
or of any person whom the officer reasonably believes to be an employer
or taxpayer in order to verify the accuracy of any declaration or
return or, if no declaration or return was filed, to ascertain the
tax due. Every employer and every taxpayer and every person whom the
Officer reasonably believes to be an employer or taxpayer is hereby
directed and required to give to the Officer or to any agent designated
by him the means, facilities and opportunity for such examination
and investigations as are hereby authorized.
F.
Any information gained by the Officer, his agents or by any other
official or agent of the Borough as a result of any declarations,
returns, investigations, hearings or verifications required or authorized
by this article shall be confidential, except for official purposes
and except in accordance with a proper judicial order or as otherwise
provided by law.
G.
The Officer is authorized to establish different filing, reporting
and payment dates for taxpayers whose fiscal years do not coincide
with the calendar year.
The Income Tax Officer shall receive such compensation for his
services and expenses as determined by the Borough Council.
A.
The Officer may sue in the name of the Borough for the recovery of
taxes due and unpaid under this article.
B.
Any suit brought to recover the tax imposed by this article shall
begin within three years after such tax is due or within three years
after the declaration or return has been filed, whichever date is
later; provided, however, that this limitation shall not prevent the
institution of a suit for the collection of any tax due or determined
to be due in the following cases:
(1)
Where no declaration or return was filed by any person although a
declaration or return was required to be filed by him under provisions
of the article, there shall be no limitation.
(2)
Where an examination of the declaration or return filed by any person
or of other evidence relating to such declaration or return in the
possession of the Officer reveals a fraudulent evasion of taxes, there
shall be no limitation.
(3)
In the case of substantial understatement of tax liability of 25%
or more and no fraud, suit shall be begun within six years.
(4)
Where any person has deducted taxes under the provisions of this
article and has failed to pay the amounts so deducted to the Officer,
or where any person has willfully failed or omitted to make the deductions
required by this section, there shall be no limitation.
D.
The Officer may sue for recovery of an erroneous refund, provided
that such suit is begun two years after making such refund, except
that the suit may be brought within five years if it appears that
any part of the refund was induced by fraud or misrepresentation of
material fact.
A.
There shall be a penalty of $10 for failure to file an individual
income tax return by April 15 of every year with the South Waverly
Borough Tax Collector. Said penalty shall be to cover costs of the
delinquent filing.
[Added 12-16-1991]
B.
If for any reason the tax is not paid when due, interest at the rate
of 6% per annum on the amount of said tax, and an additional penalty
of 1/2 of 1% of the amount of the unpaid tax for each month or fraction
thereof during which the tax remains unpaid, shall be added and collected.
Where suit is brought for the recovery of any such tax, the person
liable therefor shall, in addition, be liable for the costs of collection
and the interest and penalties herein imposed.
A.
Any person who fails, neglects or refuses to make any declaration
or return required by this article, any employer who fails, neglects
or refuses to register or to pay the tax deducted from his employees
or fails, neglects or refuses to deduct or withhold the tax from his
employees, any person who refuses to permit the Officer or any agent
designated by him to examine his books, records and papers and any
person who knowingly makes any incomplete, false or fraudulent return
or attempts to do anything whatsoever to avoid the full disclosure
of the amount of his net profits or earned income in order to avoid
the payment of the whole or any part of the tax imposed by this article
shall, upon conviction thereof before any Justice of the Peace or
court of competent jurisdiction in the county, be sentenced to pay
a fine of not more than $500 for each offense and costs and, in default
of payment of said fine and costs, be imprisoned for a period not
exceeding 30 days.
B.
Any person who divulges any information which is confidential under
the provisions of this article shall, upon conviction thereof before
any Justice of the Peace or court of competent jurisdiction, be sentenced
to pay a fine of not more than $500 for each offense and costs and,
in default of payment of said fines and costs, to be imprisoned for
a period of not exceeding 30 days.
C.
The penalties imposed under this section shall be in addition to
any other penalty imposed by any other section of the article.
D.
The failure of any person to receive or procure forms required for
making a declaration or returns required by this article shall not
excuse him from making such declaration or return.
A.
Payment of any tax to any political subdivision pursuant to an ordinance
or resolution passed or adopted prior to the effective date of this
Act[1] shall be credited to and allowed as a deduction from the
liability of taxpayers for any like tax, respectively, on salaries,
wages, commissions, other compensation or net profits on businesses,
professions or other activities and for any income tax imposed by
any other political subdivision of this commonwealth under the authority
of this Act.
[1]
Editor's Note: See 53 P.S. § 6924.101 et seq.
B.
Payment of any tax on salaries, wages, commissions, other compensation
or net profit of business, professions or other activities to a political
subdivision by residents thereof pursuant to an ordinance or resolution
passed or adopted under the authority of this Act shall be credited
to and allowed as a deduction from the liability of such persons for
any other like tax respectively on salaries, wages, commissions or
compensation or on net profits of businesses, professions or other
activities imposed by any other political subdivision of this commonwealth
under the authority of this Act.
C.
Payment of any tax on income to any political subdivision by residents
thereof pursuant to an ordinance or resolution passed or adopted under
the authority of this Act shall, to the extent that such income includes
salaries, wages, commissions, other compensation or net profits of
businesses, professions or other activities, but in such proportion
as hereinafter set forth, be credited to and allowed as a deduction
from the liability of such persons for any other tax on salaries,
wages, commissions, other compensation or on net profits of businesses,
professions or other activities imposed by any other political subdivision
of this commonwealth under the authority of this Act.
D.
Payment of tax on income to any state or to any political subdivision
thereof by residents thereof, pursuant to any state or local law,
shall, to the extent that such income includes salaries, wages, commissions
or other compensation or net profits of businesses, professions or
other activities, but in such proportions as hereinafter set forth,
be credited to and allowed as a deduction from the liability of such
person for any other tax on salaries, wages, commissions, other compensation
or net profits of businesses, professions or other activities imposed
by any political subdivision of this commonwealth under the authority
of this Act, if residents of the political subdivision in Pennsylvania
receive credits and deductions of a similar kind to a like degree
from the tax on income imposed by the other state or political subdivision
thereof.
E.
Payment of any tax on income to any state other than Pennsylvania
or to any political subdivision located outside the boundaries of
this commonwealth by residents of a political subdivision located
in Pennsylvania shall, to the extent that such income includes salaries,
wages, commissions or other compensation or net profits of businesses,
professions or other activities, but in such proportions as hereinafter
set forth, be credited to and allowed as a deduction from the liability
of such person for any other tax on salaries, wages, commissions,
other compensation or net profits of businesses, professions or other
activities imposed by any political subdivision of this commonwealth
under the authority of this Act.
F.
Where a credit or deduction is allowable in any of the several cases
hereinabove provided, 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.
A.
The Officer shall have power, in case of the neglect or refusal of
any person, copartnership, association or corporation to make payment
of the amount of any tax due by him, after two months from the date
of the tax notice, to levy the amount of such tax, any penalty due
thereon and costs, not exceeding costs and charges allowed constables
for similar services by distress and sale of the goods and chattels
of such delinquent, wherever situate or found, upon giving at least
10 days' public notice of such sale, by posting 10 written or
printed notices and by one advertisement in a newspaper of general
circulation published in the county.
B.
No failure to demand or collect any taxes by distress and sale of
goods and chattels shall invalidate any return made, or lien filed
for nonpayment of taxes or any tax sale for the collection of the
taxes.
The Income Tax Officer shall demand, receive and collect from
all corporations, political subdivisions, associations, companies,
firms or individuals employing persons owing delinquent earned income
taxes or whose wife owes delinquent earned income taxes or having
in possession unpaid commissions or earnings belonging to any person
or persons owing delinquent earned income taxes or whose wife owes
delinquent earned income taxes, upon the presentation of a written
notice and demand under oath or affirmation containing the name of
the taxable or the husband thereof and the amount of tax due. Upon
the presentation of such notice and demand, it shall be the duty of
any such corporation, political subdivision, association, company,
firm or individual to deduct from the wages, commissions or earnings
of such individual employees then owing or that shall within 60 days
thereafter become due or from any unpaid commissions or earnings of
any such taxable in its or his possession or that shall within 60
days thereafter come into his or its possession a sum sufficient to
pay the respective amount of the delinquent earned income taxes and
costs shown upon the written notice or demand and to pay the same
to the Income Tax Officer of the Borough within 60 days after such
notice shall have been given. Such corporation, political subdivision,
association, firm or individual shall be entitled to deduct from the
moneys collected from each employee the costs incurred from the extra
bookkeeping necessary to record such transactions, not exceeding 2%
of the money so collected and paid over to the Officer. Upon the failure
of any such corporation, political subdivision, association, company,
firm or individual to deduct the amount of such taxes or to pay the
same over to the Officer, less the cost of bookkeeping involved in
such transaction as herein provided, within the time hereby required,
such corporation, political subdivision, association, company, firm
or individual shall forfeit and pay the amount of such tax for each
such taxable whose taxes are not withheld and paid over or that are
withheld and not paid over together, with a penalty of 10% added thereto,
to be recovered by an action of assumpsit in a suit to be instituted
by the Officer or by the proper authorities of the Borough as debts
of like amount are now by law recoverable, except that such person
shall not have the benefit of any stay of execution or exemption law.
Upon presentation of a written notice and demand under oath
or affirmation to the State Treasurer or any other fiscal officer
of the state or its boards, authorities, agencies or commissions,
it shall be the duty of the Treasurer or officer to deduct from the
wages then owing or that shall within 60 days thereafter become due
to any employee a sum sufficient to pay the respective amount of the
delinquent earned income taxes and costs shown on the written notice.
The same shall be paid to the Officer of the Borough within 60 days
after such notice shall have been given.
The Borough shall have power to collect unpaid taxes from the
persons owing such taxes by suit in assumpsit or other appropriate
remedy. Upon each such judgment, execution may be issued without any
stay or benefit of any exemption law. The right of the Borough to
collect unpaid taxes under the provisions of this section shall not
be affected by the fact that such taxes have been entered as liens
in the office of the prothonotary or the fact that the property against
which they were levied has been returned to the County Commissioners
for taxes for prior years.
A.
Except as otherwise provided in the case of any tax levied and assessed
upon earned income, the Borough shall have power to prescribe and
enforce reasonable penalties for the nonpayment, within the time fixed
for their payment, of taxes imposed under authority of this article
and for the violations of the provisions of this article passed under
authority of this Act.[1]
[1]
Editor's Note: See 53 P.S. § 6924.101 et seq.
B.
If for any reason any tax levied and assessed upon earned income
by the Borough is not paid when due, interest at the rate of 6% per
annum on the amount of said tax, and an additional penalty of 1/2
of 1% of the amount of the unpaid tax for each month or fraction thereof
during which the tax remained unpaid, shall be added and collected.
When suit is brought for the recovery of any such tax, the person
liable therefor shall, in addition, be liable for the costs of collection
and the interest and penalties herein imposed.
This article shall not apply to any person or property as to
whom or which it is beyond the power of the Borough Council to impose
the tax herein provided for.