[Amended 12-30-2013 by Ord. No. 13-05]
A. ASSOCIATION BUSINESS BUSINESS ENTITY COLLECTOR CORPORATION CURRENT YEAR DEPARTMENT DOMICILE EARNED INCOME EMPLOYER MUNICIPALITY NET PROFITS NONRESIDENT PERSON PRECEDING YEAR PRIVATE AGENCY RESIDENT SUCCEEDING YEAR TAX OFFICER TAXABLE INCOME TAXPAYER
The definitions set forth in Section 501, as amended, of the Local Tax Enabling Act, 53 P.S. 6924.501, are hereby adopted and included by reference as if set forth fully herein. Without limiting the generality of the foregoing, the following words and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates or requires a different meaning:
A partnership, limited partnership, or any other form of unincorporated enterprise owned by 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 sole proprietorship, corporation, joint-stock association or company, partnership, limited partnership, limited liability company, association, business trust, syndicate or other commercial or professional activity organized under the laws of this commonwealth or any other jurisdiction.
The tax officer for the administration and collection of the income taxes of the Township, appointed and acting pursuant to the various provisions of the Local Tax Enabling Act and this article.
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 Department of Community and Economic Development of the Commonwealth.
The place where a person lives and has a permanent home and to which the person has the intention of returning whenever 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 voluntarily fixed place of habitation of a person, not for a mere special or limited purpose, but with the present intention of making a permanent home, until some event occurs to induce the person to adopt some other permanent home. In the case of a business, domicile is that place considered as the center of business affairs and the place where its functions are discharged.
The compensation as required to be reported to or as determined by the Department of Revenue under Section 303 of the Act of March 4, 1971 (P.L. 6, No. 2), known as the "Tax Reform Code of 1971," and rules and regulations promulgated under that section. Employee business expenses as reported to or determined by the Department of Revenue under Article III of the Tax Reform Code of 1971 shall constitute allowable deductions in determining earned income. The term does not include offsets for business losses. The amount of any housing allowance provided to a member of the clergy shall not be taxable as earned income. Without limiting the generality of the foregoing, and unless specifically superseded by statute or regulation of the commonwealth, earned income shall include salaries, wages, commissions, bonuses, incentive payments, fees and tips and other compensation that may accrue or be received by an individual for services rendered, whether directly or through an agent and whether in case or in property, but shall not include periodic payments for sick or disability benefits and those 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, nor public assistance or unemployment compensation payments, nor any wages or compensation paid by the United States to any person for active service in the Army, Navy or Air Force of the United States or the Commonwealth of Pennsylvania or any other state for such service.
A person, business entity or other entity employing one or more persons for a salary, wage, commission or other compensation. The term includes the commonwealth, a political subdivision, and an instrumentality or public authority of either. For purposes of penalties under this article, the term includes a corporate officer.
The Township of Middletown, Bucks County, Pennsylvania.
The net income from the operation of a business other than a corporation, as required to be reported to or as determined by the Department of Revenue under Section 303 of the Act of March 4, 1971 (P.L. 6, No. 2), known as the "Tax Reform Code of 1971," and rules and regulations promulgated under that section. Without limiting the generality of the foregoing, and unless specifically superseded by statute or regulation of the commonwealth, net profits shall include the net income from the operation of a business, profession or enterprise, except corporations, after provisions for all costs and expenses incurred in the conduct thereof, either paid or accrued in accordance with the accounting system used in such business, profession or enterprise, but without deduction of taxes based on income. Without limiting the generality of the foregoing, and unless specifically superseded by statute or regulation of the commonwealth, net profits shall not include:
A person or business domiciled outside of the Township of Middletown.
A natural person, partnership, corporation, fiduciary or association. Whenever used in any section prescribing and imposing a penalty, the term "person" as applied to associations shall mean the partners or members thereof and, as applied to corporations, the officers thereof.
The calendar year before the current year.
A business entity or person appointed as the Tax Officer.
A person or business domiciled in the Township of Middletown.
The calendar year following the current year.
The political subdivision, public employee, tax bureau, county or private agency which administers and collects income taxes for the Township pursuant to and in accordance with the Local Tax Enabling Act.
Earned income and net profits.
A person, whether an individual, partnership, association or any other entity, required hereunder to file a return of earnings or net profits or to pay a tax thereon.
B.
Word usage. The singular shall include the plural, and the masculine shall include the feminine and neuter.