This article shall be known and may be cited as the "West Hempfield
Township Earned Income Tax Ordinance."
All terms defined in the Local Tax Enabling Act shall have the
meanings set forth therein. The following terms shall have the meanings
set forth herein:
COLLECTOR
The person or entity appointed as tax officer pursuant to
the Local Tax Enabling Act to collect the tax.
GOVERNING BODY
The Board of Supervisors of the Township of West Hempfield.
LOCAL TAX ENABLING ACT
The Local Tax Enabling Act, as set forth in 53 P.S. § 6901
et seq. while such numbering and provisions remain in effect under
Act 32 of 2008, and as set forth in 53 P.S. § 6924.101 et
seq. when such numbering and provisions become effective under Act
32, and as amended in the future.
TAX
The tax imposed by this enactment.
TAX RETURN
A form prescribed by the collector for reporting the amount
of tax or other amount owed or required to be withheld, remitted,
or reported under this enactment or the Local Tax Enabling Act.
TAX YEAR
The period from January 1 to December 31.
TCC
The Tax Collection Committee established to govern and oversee
the collection of earned income tax within the TCD under the Local
Tax Enabling Act.
TCD
Any tax collection district to which the taxing authority
or any part of the taxing authority is assigned under the Local Tax
Enabling Act.
[Amended 1-6-2020 by Ord. No. 1-20]
A. General
purpose resident tax. The taxing authority hereby imposes a tax for
general revenue purposes at the rate of 0.5% on earned income and
net profits of individual residents of the taxing authority.
B. General
purpose municipal nonresident tax. The taxing authority also imposes
a tax for general revenue purposes at the rate of 1.0% on earned income
and net profits derived by an individual who is not a resident of
the taxing authority from any work, business, profession, or activity
of any kind engaged in within the boundaries of the taxing authority.
C. Ongoing
tax. The tax shall continue at the above rates during the current
tax year and each tax year thereafter, without annual reenactment,
until this enactment is repealed or the rate is changed.
D. Local Tax
Enabling Act applicable. The tax is imposed under authority of the
Local Tax Enabling Act, and all provisions thereof that relate to
a tax on earned income or net profits are incorporated into this enactment.
Any future amendments to the Local Tax Enabling Act that are required
to be applied to a tax on earned income or net profits will automatically
become part of this enactment upon the effective date of such amendment,
without the need for formal amendment of this enactment, to the maximum
extent allowed by 1 Pa.C.S.A. § 1937.
E. Applicable
laws, regulations, policies, and procedures. The tax shall be collected
and administered in accordance with: 1) all applicable laws and regulations;
and 2) regulations, policies and procedures adopted by the TCC or
by the Collector. This includes any regulations, policies, and procedures
adopted in the future to the maximum extent allowed by 1 Pa.C.S.A.
§ 1937.
This governing body finds that minors of various age groups
have traditionally, and with judicial sanction, been considered as
comprising separate classes for many legislative purposes; and minors
under the age of 16 are generally unemancipated and subject to compulsory
school attendance and child labor laws, and therefore have limited
earned income and net profits and control of money such that enforcement
of reporting and collection of tax hereunder against them would yield
inconsequential amounts and be unduly difficult, expensive, and not
in the public interest. For these reasons, individuals under the age
of 16 years are exempt from liability for the Tax.
Every individual receiving earned income or earning net profits
in any tax year shall file tax returns and pay tax in accordance with
the Local Tax Enabling Act.
Every employer shall register, withhold, and remit Tax, and
file Tax Returns in accordance with the Local Tax Enabling Act.
The tax will be collected from individuals and employers by
the collector.
Individuals and employers are subject to interest, penalties,
costs, and fines in accordance with the Local Tax Enabling Act, including
costs imposed by the collector in accordance with the Local Tax Enabling
Act.
The primary purpose of this enactment is to conform the earned
income and net profits tax currently imposed to the Local Tax Enabling
Act; as amended and restated by Act 32 of 2008, and to do so within
the time frame required by Act 32. Any prior enactment imposing a
tax on earned income or net profits of individuals is amended and
restated in its entirety to read as stated in this enactment. Any
other prior enactment or part of any prior enactment conflicting with
the provisions of this enactment is rescinded insofar as the conflict
exists. To the extent the same as any enactment in force immediately
prior to adoption of this enactment, the provisions of this enactment
are intended as a continuation of such prior enactment and not as
a new enactment. If this enactment is declared invalid, any prior
enactment levying a similar tax shall remain in full force and effect
and shall not be affected by adoption of this enactment. If any part
of this enactment is declared invalid, the similar part of any prior
enactment levying a similar tax shall remain in effect and shall not
be affected by adoption of this enactment. The provisions of this
shall not affect any act done or liability incurred, nor shall such
provisions affect any suit or prosecution pending or to be initiated
to enforce any right or penalty or to punish an offense under the
authority of any enactment in force prior to adoption of this enactment.
Subject to the foregoing provisions of this section, this enactment
shall amend and restate on the effective date any enactment levying
a tax on earned income or net profits in force immediately prior to
the effective date.
[Added 1-6-2020 by Ord. No. 1-20]
Individuals who are residents of a state other than Pennsylvania
are exempt from liability for the tax, but only if all local governments
of the locality where the individual resides either: 1) impose no
tax on the income of a Pennsylvania resident derived from activities
within the locality; or 2) exempt that income from tax. In addition
to this exemption from municipal nonresident tax, certain credits
and deductions against tax are permitted under certain circumstances
as provided in applicable law and regulations.