[Adopted 3-6-2007 by Ord. No. 2007-2[1]]
[Amended 12-21-2021 by Ord. No. 2021-10]
A.
A realty
transfer tax for general revenue purposes is hereby imposed upon the
transfer of real estate or any interest in real estate situated within
the Borough, regardless of where the documents making the transfer
are made, executed, or delivered or where the actual settlements on
such transfer took place, as authorized by Article XI-D, Local Real
Estate Transfer Tax, 72 P.S. § 8101-D et seq.
B.
Subject
to the exemptions and limitations of the local real estate transfer
tax, every person who makes, executes, delivers, accepts, or presents
for recording any document or in whose behalf any document is made,
executed, delivered, accepted, or presented for recording shall be
subject to pay for and in respect to the transaction or any part thereof
a tax at the rate of 1.0% of the value of the real estate represented
by such document, which tax shall be payable at the earlier of the
time the document is presented for recording or within 30 days of
acceptance of such document or within 30 days of becoming an acquired
company. If any other political subdivision shall have imposed or
hereafter shall impose a tax on the same person or transfer, then
the tax levied by said political subdivision shall be in addition
to the tax of the Borough hereunder and the tax imposed hereby for
the benefit of the Borough shall be 1.0% of the value of the real
estate as provided hereinabove, provided that in the event that a
court of competent jurisdiction shall determine that the rate of tax
prescribed hereunder, either considered in isolation or in combination
with the taxes imposed by other political subdivisions, exceeds the
maximum permitted by law, then it is the intent of this article that
the total of all taxes imposed with respect to the transactions taxable
hereunder not exceed the maximum rate permitted by applicable law.
C.
The tax imposed hereby, including any amount payable to the Borough
based on a redetermination of the amount of tax due by the Commonwealth
of Pennsylvania, shall be collected by the Recorder of Deeds of Chester
County ("Recorder") who shall act as agent for the Borough in the
collection of the transfer tax as provided in 16 P.S. § 11011-6,
as amended. The tax thus collected shall be payable by the Recorder
to the Treasurer of Malvern Borough at least monthly or at such other
intervals as the Borough and the Recorder shall mutually determine.
The tax imposed under § 185-13 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
Malvern, 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: 53 P.S. § 6901 et
seq.
Any tax imposed under § 185-13 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 1/2 of 1% per month.
The provisions of this article shall become
effective on and be applicable to any document made, executed, delivered,
accepted or presented for recording on or after March 7, 2007.
