[Adopted 11-13-1986 by Ord. No. 541[1]]
[1]
Editor's Note: This ordinance also repealed
former Article IV, Real Estate Transfers, adopted 2-4-1952 by Ord.
No. 40, as amended.
A.
ASSOCIATION
CORPORATION
SECRETARY
TOWNSHIP
The following words, when used in this article, shall
have the meanings ascribed to them in this section:
A partnership, limited partnership or any other form of unincorporated
enterprise owned or conducted by two or more persons other than a
private trust or decedent's estate.
A corporation, joint-stock association, business trust or
banking institution which is organized under the laws of this commonwealth,
the United States or any other state, territory, foreign country or
dependency.
The Secretary of the Township of Whitemarsh, Montgomery County,
Pennsylvania.
The Township of Whitemarsh, Montgomery County, Pennsylvania.
B.
The definitions of the following words and phrases
contained in Article XI-C, Realty Transfer Tax,[1] of the Act of March 4, 1971 (P.L. 6, No. 2), known as
the "Tax Reform Code of 1971," as amended, shall be incorporated herein
by reference as though more fully set forth at length and read in
a manner consistent with this article, referring to "Township" where
necessary:
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Document
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Family farm corporation
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Members of the same family
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Person
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Real estate
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Real estate company
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Title to real estate
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Transaction
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Value
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[1]
Editor's Note: See 72 P.S. § 8101-C
et seq.
C.
Word usage. The singular shall include the plural,
and the masculine shall include the feminine and neuter.
A.
Imposition of 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, or for or in respect of the vellum parchment
or paper upon which such document is written or printed, a Township
tax at the rate of 1% of the value of the real estate represented
by such document, which Township 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, provided that, where any real estate is situated partly within
and partly without the Township, such tax so levied shall be calculated
on the valuation of that portion of such real estate lying within
the Township.
B.
Payment. The tax shall be paid by 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 at the time of the transfer. Immediately
thereafter he shall make a report of the transfer, in triplicate,
to the Secretary, on forms prescribed by the latter, setting forth
the true, complete and actual value of the transfer, the names of
the parties, the location of the real estate and such other information
as the Secretary may require.
C.
Collection. The tax shall be paid to the Secretary.
The Secretary shall account for the taxes collected hereunder in the
same manner as other taxes collected by the Secretary for the Township.
D.
Penalties; interest. All taxes due under this article
that are not paid by the date the tax is due shall bear interest at
the rate 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 Lien Act."
The interest rate imposed 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 Lien Act for tax claims.
[Added 5-24-2007 by Ord. No. 832]
The United States, the commonwealth or any of
their instrumentalities, agencies or political subdivisions shall
be exempt from payment of the tax imposed by this article. The exemption
of such governmental bodies shall not, however, relieve any other
party to a transaction from liability for the tax.
The tax imposed by this article shall not be
imposed upon any transfer, document, conveyance, transaction or lease
enumerated in § 1102-C.3 of Article XI-C, Realty Transfer
Tax, of the Act of March 4, 1971 (P.L. 6, No. 2), known as the "Tax
Reform Code of 1971," as amended, and shall be incorporated herein
by reference as though more fully set forth at length and read in
a manner consistent with this article, referring to "Township" where
necessary.
Except as otherwise provided in § 107-33.2, documents which make, confirm or evidence any transfer or demise of title to real estate between associations or corporations and the members, partners, shareholders or stockholders thereof are fully taxable. For the purpose of this article, corporations and associations are entities separate from their members, partners, stockholders or shareholders.
Section 1102-C.5, Acquired company, contained
in Article XI-C, Realty Transfer Tax, of the Act of March 4, 1971
(P.L. 6, No. 2), known as the "Tax Reform Code of 1971," as amended,
shall be incorporated herein by reference as though more fully set
forth at length and read in a manner consistent with this article,
referring to "Township" where necessary.
Section 1103-C, Credits against tax, contained
in Article XI-C, Realty Transfer Tax, of the Act of March 4, 1971
(P.L. 6, No. 2), known as the "Tax Reform Code of 1971," as amended,
shall be incorporated herein by reference as though more fully set
forth at length and be read in a manner consistent with this article
referring to "Township" where necessary.
Section 1103-C.1, Extension of lease, contained
in Article XI-C, Realty Transfer Tax, of the Act of March 4, 1971
(P.L. 6, No. 2), known as the "Tax Reform Code of 1971," as amended,
shall be incorporated herein by reference as though more fully set
forth at length and be read in a manner consistent with this article,
referring to "Township" where necessary.
The tax herein imposed shall be fully paid and
have priority out of the proceeds of any judicial sale of real estate
before any other obligation, claim, lien, judgment, estate or costs
of the sale and of the writ upon which the sale is made, and the Sheriff
or other officer conducting said sale shall pay the tax herein imposed
out of the first moneys paid to him in connection therewith. If the
proceeds of the sale are insufficient to pay the entire tax herein
imposed, the purchaser(s) shall be liable for the remaining tax.
The Secretary is hereby charged with the enforcement
of the provisions of this article and is hereby authorized and empowered
to adopt, promulgate and enforce rules and regulations relating to
any matter or thing pertaining to the administration and enforcement
of the provisions of this article.
Section 1109-C, Statement of value, contained
in Article XI-C, Realty Transfer Tax, of the Act of March 4, 1971
(P.L. 6, No. 2), known as the "Tax Reform Code of 1971," as amended,
shall be incorporated herein by reference as though more fully set
forth at length and read in a manner consistent with this article,
referring to "Township" where necessary.
A.
If any part of any underpayment of tax imposed by
this article is due to fraud, there shall be added to the tax an amount
equal to 50% of the underpayment.
B.
In the case of failure to record a declaration required
under this article on the date prescribed therefor, unless it is shown
that such failure is due to reasonable cause, there shall be added
to the tax 5% of the amount of such tax if the failure is for not
more than one month, with an additional 5% for each additional month
or fraction thereof during which such failure continues, not exceeding
50% in the aggregate.
C.
A penalty of 1/2% of the unpaid tax per month or fraction
of a month, not to exceed 25% of the aggregate, is imposed for failure
to pay the tax on time. Interest, per annum, shall be imposed and
calculated at a rate equal to that rate imposed and adjusted from
time to time by the United States government upon delinquent taxpayers.
D.
All taxes imposed by this article, together with interest
from the due date, shall be recovered as other debts of like character
are recovered.
[Amended 12-8-1988 by Ord. No. 565]
Any person violating any of the provisions of
this article shall be liable to a penalty not exceeding $600 for each
and every offense and, further, shall be required to pay the amount
of the tax, together with interest as is otherwise provided for herein,
which should have been paid on the document and, upon default in the
payment of the same for 10 days, shall be subject to 30 days' imprisonment
Section 1111-C, Determination and notice of
tax, contained in Article XI-C, Realty Transfer Tax, of the Act of
March 4, 1971 (P.L. 6, No. 2), known as the "Tax Reform Code of 1971,"
as amended, shall be incorporated herein by reference as though more
fully set forth at length and read in a manner consistent with this
article, referring to "Township" where necessary.
Section 1112-C, Lien, contained in Article XI-C,
Realty Transfer Tax, of the Act of March 4, 1971 (P.L. 6, No. 2),
known as the "Tax Reform Code of 1971," as amended, shall be incorporated
herein by reference as though more fully set forth at length and read
in a manner consistent with this article, referring to "Township"
where necessary.
[1]
Editor's Note: Former § 107-42,
Refunds, was repealed 1-14-1999 by Ord. No. 717.
