[Adopted 6-28-1976 by Ord. No. 76-4; amended
in its entirety 11-24-2008 by Ord. No. 2008-12]
This article shall be known and may be cited
as the "Township of Upper Gwynedd Local Services Tax Ordinance."
The following words and phrases, when used in
this article, shall have the meanings ascribed to them in this section,
except where the context or language clearly indicates or requires
a different meaning:
The person, public employee or private agency designated
by the political subdivision to collect and administer the tax herein
imposed.
The Department of Community and Economic Development of the
Commonwealth of Pennsylvania.
Compensation as determined under Section 303 of the Act of March 4, 1971 (P.L. 6, No. 2), known as the "Tax Reform Code of 1971", and regulations in 61 Pa. Code Part I, Subpart B, Art. V (relating to personal income tax), not including, however, wages or compensation paid to individuals on active military service. Employee business expenses are allowable deductions as determined under Article III of the Tax Reform Code of 1971. Any housing allowance provided to a member of the clergy shall not be taxable as earned income.
An individual, partnership, association, limited liability
corporation, limited liability partnership, corporation, governmental
body, agency or other entity employing one or more persons on a salary,
wage, commission or other compensation basis, including a self-employed
person.
Indicates the singular and plural number, as well as male,
female and neuter genders.
Any person, male or female, engaged in any occupation, trade
or profession within the corporate limits of the political subdivision.
The net income from the operation of a business, profession or other activity, except from corporations, determined under Section 303 of the Act of March 4, 1971 (P.L. 6, No. 2), known as the "Tax Reform Code of 1971," and regulations in 61 Pa. Code Part I, Subpart B, Art. V (relating to personal income tax).
The term does not include income which is not
paid for services provided and which is in the nature of earnings
from an investment.
For taxpayers engaged in the business, profession
or activity of farming, the term shall not include:
Any interest generated from monetary accounts
or investment instrument of the farming business;
Any gain on the sale of farming machinery;
Any gain on the sale of livestock held twelve
months or more for draft, breeding or dairy purposes; and
Any gain on the sale of other capital assets
of the farm.
Any trade, profession, business or undertaking of any type,
kind or character, including services, domestic or other, carried
on or performed within the corporate limits of the political subdivision,
for which compensation is charged or received, whether by means of
salary, wages, commission or fees for services rendered.
The area within the corporate limits of the Township of Upper
Gwynedd.
The United States Army Reserve, United States Navy Reserve,
United States Marine Corps Reserve, United States Coast Guard Reserve,
United States Air Force Reserve, the Pennsylvania Army National Guard
or the Pennsylvania Air National Guard.
The local services tax at the rate fixed in § 174-16 of this article.
The period from January 1 until December 31 in any year;
a calendar year.
A.
The Township of Upper Gwynedd hereby levies and imposes
on every individual engaging in an occupation within the jurisdictional
limits of the Township of Upper Gwynedd a tax in the amount of $52
per annum, beginning the first day of January 2008 and continuing
on a calendar basis annually thereafter until modified or repealed
by subsequent ordinance.
B.
This tax may be used solely for the following purposes,
as the same may be allocated by the Township of Upper Gwynedd from
time to time: emergency services, which shall include emergency medical
services, police services and/or fire services; road construction
and/or maintenance; reduction of property taxes; or property tax relief
through implementation of a homestead and farmstead exclusion in accordance
with 53 Pa.C.S.A. Ch. 85, Subch. F (relating to homestead property
exclusion).[1] The political subdivision shall use no less than 25% of
the funds derived from the tax for emergency services.
[1]
Editor's note: See 53 Pa.C.S.A. § 8581
et seq.
C.
This tax is in addition to all other taxes of any
kind or nature heretofore levied by the political subdivision.
D.
The tax shall be no more than $52 on each person for
each calendar year, irrespective of the number of political subdivisions
within which a person may be employed.
A.
Exemptions.
(1)
Any person whose total earned income and net profits
from all sources within the political subdivision is less than $12,000
for any calendar year in which the tax is levied is exempt from the
payment of the tax for that calendar year.
(2)
In addition, the following persons are exempt from
payment of the tax:
(a)
Any person who has served in any war or armed
conflict in which the United States was engaged and is honorably discharged
or released under honorable circumstances from active service if,
as a result of military service, the person is blind, paraplegic or
a double or quadruple amputee or has a service-connected disability
declared by the United States Veterans' Administration or its successor
to be a total one-hundred-percent disability.
(b)
Any person who serves as a member of a reserve
component of the armed forces and is called to active duty at any
time during the taxable year. For the purposes of this subsection,
"reserve component of the armed forces" shall mean the United States
Army Reserve, United States Navy Reserve, United States Marine Corps
Reserve, United States Coast Guard Reserve, United States Air Force
Reserve, the Pennsylvania Army National Guard or the Pennsylvania
Air National Guard.
B.
Procedure to claim exemption.
(1)
A person seeking to claim an exemption from the local services tax may annually file an exemption certificate with the political subdivision and with the person's employer affirming that the person reasonably expects to receive earned income and net profits from all sources within the political subdivision of less than $12,000 in the calendar year for which the exemption certificate is filed. In the event the political subdivision utilizes a tax collection officer, it shall provide a copy of the exemption certificate to that officer. The exemption certificate shall have attached to it a copy of all the employee's last pay stubs or W-2 forms from employment within the political subdivision for the year prior to the fiscal year for which the employee is requesting to be exempted from the tax. Upon receipt of the exemption certificate and until otherwise instructed by the political subdivision or except as required by Subsection B(2), the employer shall not withhold the tax from the person during the calendar year or the remainder of the calendar year for which the exemption certificate applies. Employers shall ensure that the exemption certificate forms are readily available to employees at all times and shall furnish each new employee with a form at the time of hiring. The exemption certificate form shall be the uniform form provided by the political subdivision.
(2)
With respect to a person who claimed an exemption for a given calendar year from the tax, upon notification to an employer by the person or by the political subdivision that the person has received earned income and net profits from all sources within the political subdivision equal to or in excess of $12,000 in that calendar year or that the person is otherwise ineligible for the tax exemption for that calendar year, or upon an employer's payment to the person of earned income within the municipality in an amount equal to or in excess of $12,000 in that calendar year, an employer shall withhold the local services tax from the person under Subsection B(3).
(3)
If a person who claimed an exemption for a given calendar year from the tax becomes subject to the tax for the calendar year under Subsection B(2), the employer shall withhold the tax for the remainder of that calendar year. The employer shall withhold from the person, for the first payroll period after receipt of the notification under Subsection B(2), a lump sum equal to the amount of tax that was not withheld from the person due to the exemption claimed by the person under this subsection plus the per-payroll amount due for that first payroll period. The amount of tax withheld per payroll period for the remaining payroll periods in that calendar year shall be the same amount withheld for other employees. In the event the employment of a person subject to withholding of the tax under this clause is subsequently severed in that calendar year, the person shall be liable for any outstanding balance of tax due, and the political subdivision may pursue collection under this article.
C.
Refunds. The Township of Upper Gwynedd, in consultation
with the Collector and DCED, shall establish procedures for the processing
of refund claims for any tax paid by any person who is eligible for
exemption, which procedures shall be in accord with provisions of
the general municipal law relating to refunds of overpayments and
interest on overpayments. Refunds made within 75 days of a refund
request or 75 days after the last day the employer is required to
remit the tax for the last quarter of the calendar year, whichever
is later, shall not be subject to interest. No refunds shall be made
for amounts overpaid in a calendar year that do not exceed $1. The
Township of Upper Gwynedd or the Collector shall determine eligibility
for exemption and provide refunds to exempt persons.
A.
Each employer within the political subdivision, as
well as those employers situated outside the political subdivision
but who engage in business within the political subdivision, is hereby
charged with the duty of collecting the tax from each of his employees
engaged by him or performing for him within the political subdivision
and making a return and payment thereof to the Collector. Further,
each employer is hereby authorized to deduct this tax for each employee
in his or her employ, whether said employee is paid by salary, wage
or commission and whether or not all such services are performed within
the political subdivision.
B.
A person subject to the tax shall be assessed by the employer a pro rata share of the tax for each payroll period in which the person is engaging in an occupation. The pro rata share of the tax assessed on the person for a payroll period shall be determined by dividing the rate of the tax levied for the calendar year by the number of payroll periods established by the employer for the calendar year. For purposes of determining the pro rata share, an employer shall round down the amount of the tax collected each payroll period to the nearest 1/100 of a dollar. Collection of the tax shall be made on a payroll-period basis for each payroll period in which the person is engaging in an occupation, except as provided in Subsection D of this section. For purposes of this subsection, "combined rate" shall mean the aggregate annual rate of the tax levied by the school district and the municipality.
C.
No person shall be subject to the payment of the local
services tax by more than one political subdivision during each payroll
period.
D.
In the case of concurrent employment, an employer
shall refrain from withholding the tax if the employee provides a
recent pay statement from a principal employer that includes the name
of the employer, the length of the payroll period and the amount of
the tax withheld and a statement from the employee that the pay statement
is from the employee's principal employer and the employee will notify
other employers of a change in principal place of employment within
two weeks of its occurrence. The employee's statement shall be provided
on the form approved by DCED.
E.
The tax shall be no more than $52 on each person for
each calendar year, irrespective of the number of political subdivisions
within which a person may be employed. The political subdivision shall
provide a taxpayer a receipt of payment upon request by the taxpayer.
F.
No employer shall be held liable for failure to withhold the tax or for the payment of the withheld tax money to the political subdivision if the failure to withhold taxes arises from incorrect information submitted by the employee as to the employee's place or places of employment, the employee's principal office or where the employee is principally employed. Further, an employer shall not be liable for payment of the local services tax in an amount exceeding the amount withheld by the employer if the employer complies with the provisions of Subsection B of § 174-17 of this article and this section and remits the amount so withheld in accordance with this article.
G.
Employers shall be required to remit the local services
taxes 30 days after the end of each quarter of a calendar year.
Each employer shall prepare and file a return
showing a computation of the tax on forms to be supplied to the employer
by the Collector. If an employer fails to file the return and pay
the tax, whether or not the employer makes collection thereof from
the salary, wages or commissions paid by him or her to an employee,
except as provided hereafter in this article, the employer shall be
responsible for the payment of the tax in full as though the tax had
been originally levied against the employer.
Each employer shall use his employment and payroll
records from the first day of January to March 31 each year for determining
the number of employees from whom said tax shall be deducted and paid
over to the collector on or before April 30 of the same calendar year.
Supplemental reports shall be made by each employer on July 30, October
30 and January 31 for new employees as reflected on his employment
and payroll records from April 1 to June 30, July 1 to September 30
and October 1 to December 31, and payments on these supplemental reports
shall be made on July 30, October 30 and January 31, respectively.
Each self-employed individual who has earned
income or realizes net profit, as those terms are defined herein,
within the political subdivision shall be required to comply with
this article and pay the tax due to the Collector on or before the
30th day following the end of each quarter.
A.
The situs of the tax shall be the place of employment
on the first day the person becomes subject to the tax during each
payroll period. In the event a person is engaged in more than one
occupation, that is, concurrent employment, or an occupation which
requires the person working in more than one political subdivision
during a payroll period, the priority of claim to collect the local
services tax shall be in the following order:
(1)
First, the political subdivision in which a person
maintains his or her principal office or is principally employed;
(2)
Second, the political subdivision in which the person
resides and works if the tax is levied by that political subdivision;
(3)
Third, the political subdivision in which a person
is employed and which imposes the tax nearest in miles to the person's
home.
B.
In case of dispute, a tax receipt of the taxing authority
for that calendar year, declaring that the taxpayer has made prior
payment, constitutes prima facie certification of payment to all other
political subdivisions.
All employers and self-employed individuals
residing or having their places of business outside of the political
subdivision but who perform services of any type or kind or engage
in any occupation or profession within the political subdivision do,
by virtue thereof, agree to be bound by and subject themselves to
the provisions, penalties and regulations promulgated under this article
with the same force and effect as though they were residents of the
political subdivision. Further, any individual engaged in an occupation
within the political subdivision and an employee of a nonresidential
employer may, for the purpose of this article, be considered a self-employed
person, and in the event his or her tax is not paid, the political
subdivision shall have the option of proceeding against either the
employer or employee for the collection of this tax as hereinafter
provided.
A.
It shall be the duty of the Collector to accept and
receive payments of this tax and keep a record thereof showing the
amount received by him from each employer or self-employed person,
together with the date the tax was received. It shall be the duty
of the Collector to accept and keep a record of the information submitted
by employers relating to the number of employees subject to the tax,
the number of employees exempt from the tax, the employee exemption
certificates and refunds of the tax paid to individuals and employers.
B.
The Collector is hereby charged with the administration
and enforcement of this article and is hereby charged and empowered,
subject to municipal approval, to prescribe, adopt and promulgate
rules and regulations relating to any matter pertaining to the administration
and enforcement of this article, including provisions for the examination
of payroll records of any employer subject to this article, the examination
and correction of any return made in compliance with this article
and any payment alleged or found to be incorrect or as to which overpayment
is claimed or found to have occurred. Any person aggrieved by any
decision of the Collector shall have the right to appeal to the Court
of Common Pleas of Montgomery County after exhausting any administrative
remedies, as in other cases provided.
C.
The Collector is hereby authorized to examine the
books and payroll records of any employer in order to verify the accuracy
of any return made by an employer or, if no return was made, to ascertain
the tax due. Each employer is hereby directed and required to give
the Collector the means, facilities and opportunity for such examination.
A.
In the event that any tax under this article remains
due or unpaid 30 days after the due dates above set forth, the Collector
may sue for the recovery of any such tax due or unpaid under this
article, together with interest and penalty.
B.
If for any reason the tax is not paid when due, interest
at the rate of 6% on the amount of such tax shall be calculated beginning
with the due date of the tax, and a penalty of 5% shall be added to
the flat rate of such tax for nonpayment thereof. Where suit is brought
for the recovery of this tax or other appropriate remedy undertaken,
the individual liable therefor shall, in addition, be responsible
and liable for the costs of collection.
Whoever makes any false or untrue statement
on any return required by this article, or whoever refuses inspection
of the books, records or accounts in his or her custody and control
setting forth the number of employees subject to this tax who are
in his or her employment, or whoever fails or refuses to file any
return required by this article shall be guilty of a violation and,
upon conviction thereof, shall be sentenced to pay a fine of not more
than $600 and costs of prosecution and, in default of payment of such
fine and costs, to imprisonment for not more than 30 days. The action
to enforce the penalty herein prescribed may be instituted against
any person in charge of the business of any employer who shall have
failed or who refuses to file a return required by this article.
