Borough of West View, PA
Allegheny County
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Table of Contents
Table of Contents
[Adopted 11-11-1966 by Ord. No. 1101 (Ch. 126, Art. I, of the 1977 Code)]
As used in this article, the following words and phrases shall have the meanings ascribed to them in this section, except where the context clearly indicates or requires a different meaning:
ASSOCIATION
A partnership, limited partnership or any other unincorporated group of two or more persons.
BUSINESS
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.
CORPORATION
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.
CURRENT YEAR
The calendar year for which the tax is levied.
DOMICILE
The place where one lives and has his permanent home and to which he has the intention of returning whenever he is 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 place in which a man has voluntarily fixed the habitation of himself and his family, not for a mere special or limited purpose, but with the present intention of making a permanent home until some event occurs to induce him to adopt some other permanent home. In the case of a business or association, the "domicile" is that place considered as the center of business affairs and the place where its functions are discharged.
EARNED INCOME
Salaries, wages, commissions, bonuses, incentive payments, fees, tips and other compensation received by a person or his personal representative for services rendered, whether directly or through an agent and whether in cash or in property. "Earned income" does not include, however:
A. 
Wages or compensation paid to persons on active military service.
B. 
Periodic payments for sickness and disability, other than regular wages received during a period of sickness, disability or retirement, or payments arising under workmen's compensation acts, occupational disease acts and similar legislation.
C. 
Payments 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, or payments commonly known as "public assistance."
D. 
Unemployment compensation payments made by any governmental agency or payments to reimburse expenses or payments made by employers or labor unions for wage and salary supplemental programs, including but not limited to programs covering hospitalization, sickness, disability or death, supplemental unemployment benefits, strike benefits, social security and retirement.
EMPLOYEE
Any natural person domiciled in the Borough of West View or employed therein upon whose earned income, as defined below, a tax is imposed by this article.
EMPLOYER
A person, partnership, association, corporation, institution, governmental body, unit or agency or any other entity employing one or more persons for a salary, wage, commission or other compensation.
INCOME TAX OFFICER or OFFICER
Any person, public employee or private agency designated by the Borough of West View to collect and administer the tax on earned income and net profits, including but not limited to properly bonded clerical employees of the Borough of West View.
[Amended 7-28-1982 by Ord. No. 1269[1]]
NET PROFITS
The net income from the operation of a business, profession or other activity, except corporations, after provision for all costs and expenses incurred in the conduct thereof, determined either on a cash or accrual basis in accordance with the accounting system used in such business, profession or other activity, but without the deduction of taxes based on income.
PERSON or INDIVIDUAL
A natural person.
PRECEDING YEAR
The calendar year before the current year.
RESIDENT
A person, partnership, association or other entity domiciled in the Borough of West View.
SUCCEEDING YEAR
The calendar year following the current year.
TAXPAYER
A person, partnership, association or any other entity required hereunder to file a return of earned income or net profits or to pay a tax thereon.
[1]
Editor's Note: This ordinance also provided that existing departments of the Borough shall collect and administer the earned income tax and further provided that Act 511 of 1965 (53 P.S. § 6924.313), read together with the definition of income tax officer or officer, shall be construed so as to include in the definition any designated clerical employee or employees of the Borough of West View.
[Amended 2-2-1977 by Ord. No. 1191; 4-14-1982 by Ord. No. 1266]
A. 
A tax for general revenue purposes of 1% is hereby imposed on:
(1) 
Earned income received beginning January 1 of the current year and ending December 31 of the current year by residents of the Borough of West View.
(2) 
The net profits earned beginning January 1 of the current year and ending December 31 of the current year of business, professions or other activities conducted by such residents, regardless of where the same were earned.
(3) 
The net profits earned beginning January 1 of the current year and ending December 31 of the current year of business, professions or other activities conducted in the Borough of West View by nonresidents.
B. 
The tax herein levied and imposed shall continue in full force on a calendar-year basis or a taxpayer fiscal-year basis, without annual reenactment, until such time as the Borough Council of the Borough of West View shall change the rate of tax or by appropriate ordinance repeal such tax.
A. 
Net profits.
(1) 
Every taxpayer making net profits shall, on or before April 15 of the current year, make and file with the Officer, on a form prescribed or approved by the Officer, a declaration of his estimated net profits during the period beginning January 1 and ending December 31 of the current year, and shall pay to the Officer in four equal quarterly installments the tax due thereon as follows:
(a) 
The first installment at the time of filing the declaration.
(b) 
The other installments on or before June 15 of the current year, September 15 of the current year and January 15 of the succeeding year, respectively.
(2) 
Any taxpayer who first anticipates any net profit after April 15 of the current year shall make and file the declaration hereinabove required on or before June 15 of the current year, September 15 of the current year or December 31 of the current year, whichever of these dates next follows the date on which the taxpayer first anticipates such net profit, and shall pay to the Officer in equal installments the tax due thereon on or before the quarterly payment dates which remain after the filing of the declaration.
(3) 
Every taxpayer shall, on or before April 15 of the succeeding year, make and file with the Officer, on a form prescribed or approved by the Officer, a final return showing the amount of net profits earned during the period beginning January 1 of the current year and ending December 31 of the current year, the total amount of tax due thereon and the total amount of tax paid thereon. At the time of filing the final return, the taxpayer shall pay to the Officer the balance of tax due or shall make a demand for refund or credit in the case of overpayment. However, any taxpayer may, in lieu of paying the fourth quarterly installment of his estimated tax, elect to make and file with the Officer, on or before January 31 of the succeeding year, the final return as hereinabove required.
(4) 
The Officer may provide, by regulation, for the making and filing of adjusted declarations of estimated net profits and for the payments of the estimated tax in cases where a taxpayer who has filed the declaration hereinabove required anticipates additional net profits not previously declared or finds that he has overestimated his anticipated net profits.
(5) 
Every taxpayer who discontinues business prior to December 31 of the current year shall, within 30 days after the discontinuance of business, file his final return as hereinabove required and pay the tax due.
B. 
Earned income.
(1) 
Annual earned income tax return. Every taxpayer shall, on or before April 15 of the succeeding year, make and file with the Officer, on a form prescribed or approved by the Officer, a final return showing the amount of earned income received during the period beginning January 1 of the current year and ending December 31 of the current year, the total amount of tax due thereon, the amount of tax paid thereon that has been withheld pursuant to the provisions relating to the collection at source and the balance of tax due. At the time of filing the final return, the taxpayer shall pay the balance of tax due or shall make a demand for refund or credit in the case of overpayment.
[Amended 2-2-1977 by Ord. No. 1191]
(2) 
Earned income not subject to withholding. Every taxpayer who is employed for a salary, wage, commission or other compensation and who received any earned income not subject to the provisions relating to collection at source shall make and file with the Officer, on a form prescribed or approved by the Officer, a quarterly return on or before April 30 of the current year, July 31 of the current year, October 31 of the current year and January 31 of the succeeding year, setting forth the aggregate amount of earned income not subject to withholding by him during the three-month periods ending March 31 of the current year, June 30 of the current year, September 30 of the current year and December 31 of the current year, respectively, and subject to the tax, together with such other information as the Officer may require. Every taxpayer making such returns shall, at the time of filing thereof, pay to the Officer the amount of tax shown as due thereon.
A. 
Every employer having an office, factory, workshop, branch, warehouse or other place of business within the Borough of West View, who employs one or more persons other than domestic servants for a salary, wage, commission or other compensation and who has not previously registered, shall, within 15 days after becoming an employer, register with the Officer his name and address and such other information as the Officer may require.
B. 
Every employer having an office, factory, workshop, branch, warehouse or other place of business within the Borough of West View, who employs one or more persons other than domestic servants for a salary, wage, commission or other compensation, shall deduct at the time of payment thereof the tax imposed by this article on the earned income due to his employee or employees and shall, on or before April 30 of the current year, July 31 of the current year, October 31 of the current year and January 31 of the succeeding year, file a return and pay to the Officer the amount of taxes deducted during the preceding three-month periods ending March 31 of the current year, June 30 of the current year, September 30 of the current year and December 31 of the current year, respectively. Such return, unless otherwise agreed upon between the Officer and employer, shall show the name and social security number of each such employee, the earned income of such employee during such preceding three-month period, the tax deducted therefrom, the political subdivisions imposing the tax upon such employee, the total earned income of all such employees during the preceding three-month period and the total tax deducted therefrom and paid with the return. Any employer who for two of the preceding four quarterly periods has failed to deduct the proper tax, or any part thereof, or has failed to pay over the proper amount of tax to the taxing authority may be required by the Officer to file his return and pay the tax monthly. In such cases, payments of tax shall be made to the Officer on or before the last day of the month succeeding the month for which the tax was withheld.
C. 
On or before February 28 of the succeeding year, every employer shall file with the Officer:
(1) 
An annual return, showing the total amount of earned income paid, the total amount of tax deducted and the total amount of tax paid to the Officer for the period beginning January 1 of the current year and ending December 31 of the current year.
(2) 
A return withholding statement for each employee employed during all or any part of the period beginning January 1 of the current year and ending December 31 of the current year, setting forth the employee's name, address and social security number, the amount of earned income paid to the employee during said period, the amount of tax deducted, the political subdivisions imposing the tax upon such employee and the amount of tax paid to the Officer. Every employer shall furnish two copies of the individual return to the employee for whom it is filed.
D. 
Every employer who discontinues business prior to December 31 of the current year shall, within 30 days after the discontinuance of business, file the returns and withholding statements hereinabove required and pay the tax due.
E. 
Except as otherwise provided in § 260-9 hereof, every employer who willfully or negligently fails or omits to make the deductions required by this section shall be liable for payment of the taxes which he was required to withhold to the extent that such taxes have not been recovered from the employee.
F. 
The failure or omission of any employer to make the deductions required by this section shall not relieve any employee from the payment of the tax or from complying with the requirements of this article relating to the filing of declarations and returns.
A. 
It shall be the duty of the Officer to collect and receive the taxes, fines and penalties imposed by this article. It shall also be his duty to keep a record showing the amount received by him from each person or business paying the tax and the date of such receipt.
B. 
Bond.
(1) 
The Officer, before entering upon his official duties, shall give and acknowledge a bond to the Borough of West View. If the Borough Council shall by resolution designate any bond previously given by the officer as adequate, such bond shall be sufficient to satisfy the requirements of this subsection.
(2) 
Such bond shall be joint and several, with one or more corporate sureties, which shall be surety companies authorized to do business in this commonwealth and duly licensed by the Insurance Commissioner of this commonwealth.
(3) 
Such bond shall be conditioned upon the faithful discharge by the Officer and his clerks, assistants and appointees of all trusts confided in him by virtue of his office; upon the faithful execution of all duties required of him by virtue of his office; upon the just and faithful accounting or payment over, according to law, of all moneys and all balances thereof paid to, received or held by him by virtue of his office; and upon the delivery to his successor or successors in office of all books, papers, documents or other official things held in right of his office.
(4) 
Such bond shall be taken in the name of the Borough of West View or in the name of the Borough of West View and the North Hills Joint School District and shall be for the use of such political subdivision or subdivisions appointing the Officer, where the same Officer is appointed by the school district and the Borough, and for the use of such other person or persons for whom money shall be collected or received, or as his or her interest shall otherwise appear, in case of a breach of any of the conditions thereof, by the acts or neglect of the principal on the bond.
(5) 
The Borough of West View, or if a joint bond is provided to the Borough of West View and the North Hills Joint School District, either political subdivision, or any person, may sue upon the said bond in its or his own name for its or his own use.
(6) 
Such bond shall contain the name or names of the surety company or companies bound thereon. The Borough of West View or the Borough of West View and the North Hills Joint School District, if a combined bond is provided, shall fix the amount of the bond at an amount equal to the maximum amount of taxes which may be in the possession of the Officer at any given time.
(7) 
The Borough of West View or the Borough of West View and the North Hills Joint School District, if a combined bond is provided, may, at any time, upon cause shown and due notice to the Officer and his surety or sureties, require or allow the substitution or the addition of a surety company acceptable to the Borough of West View or to the Borough of West View and the North Hills Joint School District, as the case may be, for the purpose of making the bond sufficient in amount, without releasing the surety or sureties first approved from any accrued liability or previous action on such bond.
(8) 
The Borough of West View or the Borough of West View and the North Hills Joint School District, as the case may be, shall designate the custodian of the bond required to be given by the Officer.
C. 
The Officer, charged with the administration and enforcement of the provisions of this article, is hereby empowered to prescribe, adopt, promulgate and enforce rules and regulations relating to any matter pertaining to the administration and enforcement of this article, including provisions for the reexamination and correction of declarations and returns and all payments alleged or found to be incorrect, or to which an overpayment is claimed or found to have occurred, and to make refunds, in cases of overpayment, for any period of time not to exceed six years subsequent to the date of payment of the sum involved, and to prescribe forms necessary for the administration of this article. No rule or regulation of any kind shall be enforceable unless it has been approved by resolution of the Borough Council of the Borough of West View. A copy of such rules and regulations currently in force shall be available for public inspection.[1]
[1]
Editor's Note: For certain rules and regulations pertaining to collection of the earned income tax, see Ch. A295, Earned Income Tax Collection Rules and Regulations.
D. 
With the prior approval of the Borough Council of the Borough of West View, the Officer shall refund, on petition of and proof by the taxpayer, earned income tax paid on the taxpayer's ordinary and necessary business expenses, to the extent that such expenses are not paid by the taxpayer's employer.
E. 
The Officer and the agents designated by him are hereby authorized to examine the books, papers and records of any employer, of any taxpayer or of any person whom the Officer reasonably believes to be an employer or taxpayer, in order to verify the accuracy of any declaration or return, or, if no declaration or return was filed, to ascertain the tax due. Every employer, every taxpayer and every person whom the Officer reasonably believes to be an employer or taxpayer is hereby directed and required to give to the Officer, or to any agent designated by him, the means, facilities and opportunity for such examination and investigations as are hereby authorized.
F. 
Any information gained by the Officer, his agents or by any other official or agent of the taxing district as the result of any declaration, return, investigation, hearing or verification required or authorized by this article shall be confidential, except for official purposes and except in accordance with a proper judicial order, or as otherwise provided by law.
G. 
The Officer is authorized to establish different filing, reporting and payment dates for taxpayers whose fiscal years do not coincide with the calendar year.
The Income Tax Officer shall receive such compensation for his services and expenses as shall be determined by the Borough Council of the Borough of West View from time to time.[1] In the case of a single collector established by the Borough Council of the Borough of West View and the Board of Directors of the North Hills Joint School District, such taxing jurisdictions shall share in the compensation and expenses of a single officer according to the proportionate share that the total annual collections for each jurisdiction bears to the total annual collection for all political subdivisions in a single collector district, except that with the agreement of 2/3 of all participating political subdivisions, a different manner of sharing may be substituted.
[1]
Editor's Note: For information pertaining to compensation, see Ch. 70, Salaries and Compensation.
A. 
The Officer may sue in the name of the Borough of West View for the recovery of taxes due and unpaid under this article.
B. 
Any suit brought to recover the tax imposed by this article shall be begun within three years after such tax is due or within three years after the declaration or return has been filed, whichever date is later; provided, however, that this limitation shall not prevent the institution of a suit for the collection of any tax due or determined to be due in the following cases:
(1) 
Where no declaration or return was filed by any person, although a declaration or return was required to be filed by him under the provisions of this article, there shall be no limitation.
(2) 
Where an examination of the declaration or return filed by any person or of other evidence relating to such declaration or return in the possession of the Officer reveals a fraudulent evasion of taxes, there shall be no limitation.
(3) 
In the case of substantial understatement of tax liability of 25% or more and no fraud, suit shall be begun within six years.
(4) 
Where any person has deducted taxes under the provisions of this article and has failed to pay the amounts so deducted to the Officer or where any person has willfully failed or omitted to make the deductions required by this section, there shall be no limitation.
C. 
This section shall not be construed to limit the Borough Council from recovering delinquent taxes by any other means provided by Act 511 of 1965 (53 P.S. § 6901 et seq.).[1]
[1]
Editor's Note: See now 53 P.S. § 6924.101 et seq.
D. 
The Officer may sue for the recovery of an erroneous refund, provided that such suit is begun within two years after making such refund, except that the suit may be brought within five years if it appears that any part of the refund was induced by fraud or misrepresentation of material fact.
If for any reason the tax is not paid when due, interest at the rate of 6% per year on the amount of said tax and an additional penalty of 1/2 of 1% of the amount of the unpaid tax for each month or fraction thereof during which the tax remains unpaid shall be added and collected. Where suit is brought for the recovery of any such tax, the person liable therefor shall, in addition, be liable for the costs of collection and the interest and penalties herein imposed.
A. 
Any person who fails, neglects or refuses to make any declaration or return required by this article; any employer who fails, neglects or refuses to register or to pay the tax deducted from his employees, or who fails, neglects or refuses to deduct or withhold the tax from his employees; any person who refuses to permit the Officer or any agent designated by him to examine his books, records and papers; and any person who knowingly makes any incomplete, false or fraudulent return, or attempts to do anything whatsoever to avoid the full disclosure of the amounts of his net profits or earned income in order to avoid the payment of the whole or any part of the tax imposed by this article, shall, upon conviction thereof before any Magisterial District Judge or court of competent jurisdiction in Allegheny County, be sentenced to pay a fine of not more than $500 for each offense and costs, and in default of payment of said fine and costs, be imprisoned for a period not exceeding 30 days in the Allegheny County Jail.
B. 
Any person who divulges any information which is confidential under the provisions of this article, shall, upon conviction thereof before any Magisterial District Judge or court of competent jurisdiction, be sentenced to pay a fine of not more than $500 for each offense and costs, and in default of payment of said fines and costs, be imprisoned for a period not exceeding 30 days in the Allegheny County Jail.
C. 
The penalties imposed under this section shall be in addition to any other penalty imposed by any other section of this article.
D. 
The failure of any person to receive or procure forms required for making the declaration or returns required by this article shall not excuse him from making such declaration or return.
This article and the tax imposed hereunder is adopted under and by virtue of the authority contained in the Act of the General Assembly of the Commonwealth of Pennsylvania, No. 511, approved the 31st day of December 1965, entitled the "Local Tax Enabling Act of 1965," its supplements and amendments,[1] the provisions of which are hereby accepted and adopted by the Borough Council of the Borough of West View, and where the interpretation or terms or provisions of this article are not in accord with or in compliance with the provisions of said Act of Assembly, the provisions of said Act of Assembly are intended to be ordained and enacted by this article as fully as though incorporated, set forth and made part of this article.
[1]
Editor's Note: See 53 P.S. § 6924.101 et seq.