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Township of Whitehall, PA
Lehigh County
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[Adopted 1-11-1982 by Ord. No. 1393]
This article shall be known and may be cited as the "Per Capita Tax" of the Township of Whitehall.
This article is hereby enacted under the authority of the Local Tax Enabling Act, Act of 1965, December 31, P.L. 1257, as amended.
The following words and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context or language clearly indicates or requires a different meaning.
INHABITANT
Any person domiciled in the Township of Whitehall.
PERSON
Any natural person.
RESIDENCE
The act or fact of living within the boundaries of the Township of Whitehall.
TAXPAYER
Any person required hereunder to pay a per capita tax.
In addition to other taxes provided for by ordinances of the Township, there is hereby imposed for general revenue purposes, an annual per capita tax of $5 upon every inhabitant of the Township who is 18 years of age and over.
[Added 6-13-1988 by Ord. No. 1615; amended 11-28-1988 by Ord. No. 1634]
The following persons shall be deemed exonerated from the obligation to pay per capita taxes to Whitehall Township:
A. 
Adult individuals aged 72 and older, as of December 31 of the prior calendar year.
B. 
Individuals whose income from all sources is less than $5,000 per year and are:
(1) 
Adult individuals between the ages of 62 and 71 years, as of December 31 of the prior calendar year, inclusive.
(2) 
Widows and widowers age 50 and older, as of December 31 of the prior calendar year.
(3) 
Persons permanently and totally disabled, as determined utilizing criteria developed or hereinafter to be developed by the Social Security Administration.
(4) 
Persons deemed legally blind, in accordance with appropriate social security criteria.
The per capita tax shall be collected by the Township Treasurer. The Township shall annually send every inhabitant of the Township who is 18 years of age and over a notice of the per capita tax due by such inhabitant for the current year, however, the failure or omission of the Township to send, or of any taxpayer to receive, such notice shall not relieve such person from the payment of the per capita tax.
[Adopted 5-22-1988 by Ord. No. 1529]
A. 
All taxpayers subject to the payment of the tax under this article shall be entitled to a discount of 2% on the amount of such tax upon making payment of the whole amount thereof within two months after the date of the tax notice. All taxpayers who shall fail to make payment of any such taxes imposed against them by this article for four months after the date of the notice shall be charged a penalty of 10%, which shall be added to the taxes by the Township Treasurer and collected by same. The Township Treasurer shall furnish a receipt to every person paying such tax.
B. 
Every owner of mobile home facilities and multifamily dwelling units shall file a list of all taxpayers residing therein with the Township Treasurer on or before April 15 of each year. The list shall include the name, post office address (including apartment number), and Social Security number of each taxpayer, and shall be accurate as of April 1 of such year. In addition to the annual list, every owner of mobile home facilities and multifamily dwelling units shall file a supplemental list with the Township Treasurer on or before the 15th day of each month (except April) indicating all tenancy changes which have occurred through the first day of the month. All lists required under this subsection shall be filed on forms provided by the Township Treasurer.
C. 
Every owner of mobile home facilities and multifamily dwelling units who fails to file timely and accurate tenant lists under Subsection B above shall be liable for all amounts that were not billed to tenants by the Township Treasurer but which would have been so billed if timely and accurate tenant lists had been filed. The penalties provided by this subsection shall be in addition to any other penalties authorized by this article.
All taxes levied under this article, together with all penalties, shall be recoverable by the Township Treasurer in the manner authorized by law in the case of a per capita tax within the Commonwealth of Pennsylvania.
[Amended 10-17-1995 by Ord. No. 1944; 8-8-2005 by Ord. No. 2578]
Any person, firm or corporation who shall violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days. Each day that a violation of this article continues shall constitute a separate offense.
[Added 12-27-1990 by Ord. No. 1717]
The Township Treasurer is hereby instructed to promulgate appropriate forms and adopt reasonable regulations to effectuate the provisions of this enactment, including requiring proof of age and income. Refunds for per capita taxes shall be restricted solely to the current year tax or fee and shall not be applied to payment of prior year assessments under any circumstances.