[Adopted 2-8-1972 by Ord. No. 420 (Ch. XXIV, Part 2, of
the 1975 Code of Ordinances); amended in its entirety 8-8-2011 by Ord. No.
742]
For purposes of this article, all terms defined in the Local
Tax Enabling Act, 53 P.S. § 6924.101 et seq., shall have
the meanings set forth therein, except as modified below. The following
terms shall have the meanings set forth herein:
January 1, 2012.
The Local Tax Enabling Act, 53 P.S. § 6924.101
et seq., and as amended in the future, including any regulations adopted
by the Department of Community and Economic Development thereunder.
The person or entity appointed as tax officer pursuant to
the Local Tax Enabling Act to collect the tax in the TCC.
The Borough of Derry Tax Collection District, or any future
tax collection district, to which the Borough or any part of the Borough
is assigned under the Local Tax Enabling Act.
The Tax Collection Committee established to govern and oversee
the collection of earned income tax within the TCD under the Local
Tax Enabling Act.
The tax imposed by this article.
A form prescribed by the Tax Officer for reporting the amount
of tax or other amount owed or required to be withheld, remitted,
or reported under this article or the Local Tax Enabling Act.
The period from January 1 to December 31.
A person or business required under this article or the Local
Tax Enabling Act to file a return of an income tax or to pay an income
tax.
A.
General purpose resident tax. The Borough hereby imposes a tax for
general revenue purposes at the rate of 1% on earned income and net
profits of individual residents of the Borough.
B.
General purpose municipal nonresident tax. The Borough also imposes
a tax for general revenue purposes at the rate of 1% on earned income
and net profits derived by an individual nonresident from any work,
business, profession, or activity of any kind engaged in within the
boundaries of the Borough.
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until this article is repealed or the rate is changed.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
article. 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 article upon the formal amendment
of this article, to the maximum extent allowed by 1 Pa.C.S.A. Sec.
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) policies and procedures adopted by the
TCC or by the Tax Officer in conformity with the Local Tax Enabling
Act. This includes any regulations, policies, and procedures adopted
in the future to the maximum extent allowed by 1 Pa.C.S.A. § 1937.
Although credits and deductions against the tax are permitted
under certain circumstances as provided in applicable law and regulations,
no individuals are exempt from the tax based on age, income, or other
factors.
Every employer shall register, withhold, and remit the tax,
and file tax returns in accordance with the Local Tax Enabling Act
and the policies and procedures of the TCC and Tax Officer.
Every employer shall register, withhold, and remit the tax,
and file tax returns in accordance with the Local Tax Enabling Act
and the policies and procedures of the TCC and Tax Officer.
The tax will be collected from individuals and employers by
the Tax Officer. The Tax Officer is authorized to file an action in
the name of the Borough for the recovery of income taxes due to the
Borough and unpaid. Nothing in this section shall affect the authority
of the Borough to file an action in its own name for collection of
income taxes under the Local Tax Enabling Act.
Individuals and employers are subject to interest, penalties,
costs, and fines in accordance with the Local Tax Enabling Act, including
costs of collection imposed by the Tax Officer in accordance with
authorization by the TCC.
The primary purpose of this article is to confirm the earned
income and net profits tax imposed pursuant 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 ordinance or part of
any prior ordinance conflicting with the provisions of this article
is rescinded insofar as the conflict exists. To the extent the same
as any ordinance in force immediately prior to adoption of this article,
the provisions of this article are intended as a continuation of such
prior ordinance and not as a new ordinance. If this article is declared
invalid, any prior ordinance levying a similar tax shall remain in
full force and effect and shall not be affected in any manner by adoption
of this article. The provisions of this article shall not affect any
act done or liability incurred, nor shall such provision affect any
suit or prosecution pending or to be initiated to enforce any right
or penalty or to punish offense under the authority of any ordinance
in force prior to adoption of this article. Subject to the foregoing
provisions of this section, this article shall supersede and repeal
on the effective date any ordinance levying a tax on earned income
or net profits in force immediately prior to the effective date.
This article is intended to be consistent with the Local Tax
Enabling Act, and to include all necessary authorizations to permit
the Tax Officer to take such tax collection, administration, disbursement,
enforcement and other activities as authorized by the Local Tax Enabling
Act, subject to the policies and procedures of the TCC.
The provisions of this article shall become effective on January
1, 2012, and shall apply to earned income received or earned and net
profits earned or made by a taxpayer during calendar year 2012 and
each year thereafter without annual reenactment unless the rate of
tax is subsequently changed. Changes in the rate of the tax shall
become effective on the date specified in the ordinance imposing such
change.
