Each employer within the Township of Swatara, as well as those
employers situated outside the Township of Swatara but who engage
in business within the Township of Swatara, is hereby charged with
the duty of collecting from each of his employees engaged by him and
performing for him within the Township of Swatara the said tax of
$52 per annum and making a return and payment thereof to the Tax Administrator
and/or such other bureau, clerk, collector, private agency or person
appointed by resolution of the Board of Commissioners of Swatara Township.
Further, each employer is hereby authorized to deduct this tax from
each employee in his employ, whether said employee is paid by salary,
wages or commission, and whether or not part or all such services
are performed within the Township of Swatara. The employer shall collect
the local services tax by assessing each employee a pro rata share
of the tax for each payroll period which the employee is engaging
in an occupation. The pro rata share of the tax assessed on the employee
for a payroll period shall be determined by dividing $52, 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 one-hundredth of a dollar.
Collection of the local services tax levied pursuant to this article
shall be made on a payroll-period basis for each payroll period in
which the employee is engaged in an occupation, except that in a case
of concurrent employment, an employer shall refrain from withholding
the local services 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 local services
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 shall utilize the
uniform employee statement form provided by the Pennsylvania Department
of Community and Economic Development.
Each employer shall, in each calendar year, use his employment
records from the first day of January to March 31 for determining
the number of employees from whom said tax shall be deducted and paid
over to the Tax Administrator and/or such other bureau, clerk, collector,
private agency or person appointed by resolution of the Board of Commissioners
of Swatara Township on or before April 30. Supplemental reports shall
be made by each employer on July 31, October 31 and January 31 of
the following calendar year of new employees as reflected on his employment
records from April 1 to June 30, July 1 to September 30 and October
1 to December 31. Payments on these supplemental reports shall be
made on July 31, October 31 and January 31 of the following calendar
year, respectively.
All self-employed individuals who perform services of any type or kind, engaged in any occupation or profession within the Township of Swatara, shall be required to comply with this article and pay the tax to the Tax Administrator and/or such other bureau, clerk, collector, private agency or person appointed by resolution of the Board of Commissioners of Swatara Township on April 30 of the calendar year, or as soon thereafter as he engages in an occupation. In the event a self-employed person is engaged in more than one occupation within or without the Township of Swatara or an occupation which requires his working in more than one political subdivision during the year, reporting priority of claims and prima facie certification of payment shall be in accordance with §
261-23A and
B.
All employers and self-employed individuals residing or having their place of business outside of the Township of Swatara but who perform services of any type or kind or engage in any occupation or profession within the Township of Swatara 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 Township of Swatara. Further, any individual engaged in an occupation within the Township of Swatara and an employee of a nonresident employer may, for the purpose of this article, be considered a self-employed person, and, in the event this tax is not paid, the Township of Swatara shall have the option of proceeding against either the employer or employee for the collection of this tax as hereinafter provided in §§
261-26 through
261-28.
Whoever makes any false or untrue statement on any return required
by this article or who refuses inspection of his books, records or
accounts in his custody and control setting forth the number of employees
subject to this tax who are in his employment or whoever fails or
refuses to file any return required by this article shall, upon a
summary conviction before a Magisterial District Judge, be sentenced
to pay a fine of not more than $600 for each offense and, in default
of payment of said fine and costs, be imprisoned in the local or Dauphin
County Jail for a period not exceeding 30 days for each offense. It
is further provided that the action to enforce the fine and penalty
herein provided may be instituted against any person in charge of
the business of any employer who has failed or refused to file a return
required by this article.
This article is enacted under the authority of the Act of December
31, 1965, P.L. 1257, as amended.
Except as set forth hereafter, all ordinances or parts of ordinances
inconsistent herewith are hereby repealed. Nothing herein shall be
construed to repeal the imposition and collection of an Occupation
Privilege Tax, plus applicable penalties and interest, for calendar
year 2005 and all prior calendar years, or of an Emergency and Municipal
Services Tax, plus applicable penalties and interest, for calendar
years 2006 and 2007, as the same exist prior to this amendment.
The tax imposed by this article shall be effective on January
1, 2008, and all calendar years thereafter, unless repealed or modified
by ordinance of the Township of Swatara.