[Adopted 11-7-2011 by Ord. No. 2011-5]
The local services tax is authorized by the Local Tax Enabling
Act, 53 P.S. § 6924.101 et seq.
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:
The Borough of Burgettstown, Washington County, Pennsylvania.
The person, public employee or private agency approved by
the Washington County Tax Collection Committee to collect and administer
the tax herein imposed.
The Department of Community and Economic Development of the
Commonwealth of Pennsylvania.
The compensation as required to be reported to or as determined
by the Pennsylvania Department of Revenue under Section 303 of the
Tax Reform Code of 1971, as amended,[1] and rules and regulations promulgated thereunder. Employee
business expenses as reported to or determined by the Department of
Revenue under Article III of the Tax Reform Code 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.
January 1, 2012.
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.
Indicates the singular and plural number, as well as male,
female and neuter genders.
Any person, male or female, engaged in any occupation, trade
or profession within the corporate limits of the Borough.
The Local Tax Enabling Act, 53 P.S. § 6294.101
et seq., and any amendments thereto.
The net income from the operation of a business, profession,
or other activity, as required to be reported to or as determined
by the Pennsylvania Department of Revenue under Section 303 of the
Tax Reform Code of 1971, as amended,[2] and rules and regulations promulgated thereunder. The
term does not include income under any of the following paragraphs:
Any trade, profession, business or undertaking of any kind
or character, including services, domestic or other, earned in or
performed within the corporate limits of the political subdivision
for which compensation is charged or received, whether by means of
salary, wages, commission or fees for services rendered.
A natural person.
Includes cities, boroughs, and public school districts.
The local services tax at the rate fixed in this article.
The period from January 1 until December 31 in any year;
a calendar year.
The Washington County Tax Collection Committee.
A.
For specific
revenue purposes, an annual tax is hereby levied and assessed, commencing
January 1, 2012, upon the privilege of engaging in an occupation with
a primary place of employment within the Borough of Burgettstown during
the tax year. Each natural person who exercises such privilege for
any length of time during any tax year shall pay the tax for that
year in the amount of $52, assessed on a pro rata basis, in accordance
with the provisions of this article.
B.
This tax
may be used solely for the following purposes as the same may be allocated
by the Borough from time to time:
C.
The Borough
shall use no less than 25% of the funds derived from the tax for emergency
services.
D.
This tax
is in addition to all other taxes of any kind or nature heretofore
levied by the Borough.
E.
The tax
shall be no more than $52 on each person for each calendar year, irrespective
of the number of political subdivisions within which a person may
be employed.
A.
Exemption. Any person whose total earned income and net profits from
all sources within the political subdivision is less than $12,000
for any calendar year in which the tax is levied is exempt from the
payment of the tax for that calendar year. In addition, the following
persons are exempt from payment of the tax:
(1)
Any person who has served in any war or armed conflict in which the
United States was engaged and is honorably discharged or released
under honorable circumstances from active service if, as a result
of military service, the person is blind, paraplegic or a double or
quadruple amputee or has a service-connected disability declared by
the United States Veterans' Administration or its successor to
be a total one-hundred-percent disability.
(2)
Any person who serves as a member of a reserve component of the armed
forces and is called to active duty at any time during the taxable
year. For the purposes of this subsection, "reserve component of the
armed forces" shall mean the United States Army Reserve, United States
Navy Reserve, United States Marine Corps Reserve, United States Coast
Guard Reserve, United States Air Force Reserve, the Pennsylvania Army
National Guard or the Pennsylvania Air National Guard.
B.
Procedure to claim exemption.
(1)
A person seeking to claim an exemption from the local services tax may annually file an exemption certificate with the Collector with the person's employer affirming that the person reasonably expects to receive earned income and net profits from all sources within the Borough of less than $12,000 in the calendar year for which the exemption certificate is filed. The exemption certificate shall have attached to it a copy of all the employee's last pay stubs or W-2 forms from employment within the political subdivision for the year prior to the fiscal year for which the employee is requesting to be exempted from the tax. Upon receipt of the exemption certificate and until otherwise instructed by the political subdivision or except as required by Subsection B(2), the employer shall not withhold the tax from the person during the calendar year or the remainder of the calendar year for which the exemption certificate applies. Employers shall ensure that the exemption certificate forms are readily available to employees at all times and shall furnish each new employee with a form at the time of hiring. The exemption certificate form shall be the uniform form provided by the political subdivision.
(2)
With respect to a person who claimed an exemption for a given calendar year from the tax, upon notification to an employer by the person or by the political subdivision that the person has received earned income and net profits from all sources within the political subdivision equal to or in excess of $12,000 in that calendar year or that the person is otherwise ineligible for the tax exemption for that calendar year, or upon an employer's payment to the person of earned income within the municipality in an amount equal to or in excess of $12,000 in that calendar year, an employer shall withhold the local services tax from the person under Subsection B(3).
(3)
If a person who claimed an extension for a given calendar year from the tax becomes subject to the tax for the calendar year under Subsection B(2), the employer shall withhold the tax for the remainder of that calendar year. The employer shall withhold from the person, for the first payroll period after receipt of the notification under Subsection B(2), a lump sum equal to the amount of tax that was not withheld from the person due to the exemption claimed by the person under this subsection, plus the per-payroll amount due for that first payroll period. The amount of tax withheld per payroll period for the remaining payroll periods in that calendar year shall be the same amount withheld for other employees. In the event the employment of a person subject to withholding of the tax under this subsection is subsequently severed in that calendar year, the person shall be liable for any outstanding balance of tax due, and the political subdivision may pursue collection under this article.
C.
Refunds. The TCC, in consultation with the Collector and DCED, shall
establish procedures for the processing of refund claims for any tax
paid by any person who is eligible for exemption, which procedures
shall be in accord with provisions of the general municipal law relating
to refunds of overpayments and interest on overpayments. Refunds made
within 75 days of a refund request or 75 days after the last day the
employer is required to remit the tax for the last quarter of the
calendar year, whichever is later, shall not be subject to interest.
No refunds shall be made for amounts overpaid in a calendar year that
do not exceed $1. The Collector shall determine eligibility for exemption
and provide refunds to exempt persons.
A.
Each employer within the Borough, as well as those employers situated
outside the Borough but who engage in business within the Borough,
is hereby charged with the duty of collecting the tax from each employee
engaged by him or performing for him within the Borough and making
a return and payment thereof to the Collector. Further, each employer
is hereby authorized to deduct this tax for each employee in his or
her employ, whether said employee is paid by salary, wage or commission
and whether or not all such services are performed within the Borough.
B.
A person subject to the tax shall be assessed by the employer a pro rata share of the tax for each payroll period in which the person is engaging in an occupation. The pro rata share of the tax assessed on the person for a payroll period shall be determined by dividing the rate of the tax levied for the calendar year by the number of payroll periods established by the employer for the calendar year. For purposes of determining the pro rata share, an employer shall round down the amount of the tax collected each payroll period to the nearest one-hundredth of a dollar. Collection of the tax shall be made on a payroll-period basis for each payroll period in which the person is engaging in an occupation, except as provided in Subsection D of this section. For purposes of this subsection, "combined rate" shall mean the aggregate annual rate of the tax levied by the school district and the Borough.
C.
No person shall be subject to the payment of the local services tax
by more than one political subdivision during each payroll period.
D.
In the case of concurrent employment, an employer shall refrain from
withholding the tax if the employee provides a recent pay statement
from a principal employer that includes the name of the employer,
the length of the payroll period and the amount of the tax withheld
and a statement from the employee that the pay statement is from the
employee's principal employer and the employee will notify other
employers of a change in principal place of employment within two
weeks of its occurrence. The employee's statement shall be provided
on the form approved by DCED.
E.
The tax shall be $52 on each person for each calendar year, irrespective
of the number of political subdivisions within which a person may
be employed. The political subdivision shall provide a taxpayer a
receipt of payment upon request by the taxpayer.
F.
No employer shall be held liable for failure to withhold the tax
or for the payment of the withheld tax money to the Borough if the
failure to withhold taxes arises from incorrect information submitted
by the employee as to the employee's place or places of employment,
the employee's principal office or where the employee is principally
employed. Further, an employer shall not be liable for payment of
the local services tax in an amount exceeding the amount withheld
by the employer if the employer complies with the provisions of this
article and remits the amount so withheld in accordance with this
article.
G.
Employers shall be required to remit the local services taxes 30
days after the end of each quarter of a calendar year.
Each employer shall prepare and file a return showing a computation
of the tax on forms to be supplied to the employer by the Collector.
If an employer fails to file the return and pay the tax, whether or
not the employer makes collection thereof from the salary, wages or
commissions paid by him or her to an employee, except as provided
hereafter in this article, the employer shall be responsible for the
payment of the tax in full as though the tax had been originally levied
against the employer.
In each tax year, each employer shall use his or her employment
records to determine the number of employees from whom such tax shall
be deducted and paid over to the Collector on or before the 30th day
following the end of each calendar quarter of each such tax year.
Each self-employed individual who performs services of any type
or kind or engaged in any occupation or profession within a primary
place of employment within the Borough shall be required to comply
with this article and pay the pro rata portion of the tax due to the
Collector on or before the 30th day following the end of each quarter.
A.
The situs of the tax shall be the place of employment on the first
day the person becomes subject to the tax during each payroll period.
In the event a person is engaged in more than one occupation, that
is, concurrent employment, or an occupation which required the person
working in more than one political subdivision during a payroll period,
the priority of claim to collect the local services tax shall be in
the following order:
(1)
First, the political subdivision in which a person maintains his
or her principal office or is principally employed;
(2)
Second, the political subdivision in which the person resides and
works if the tax is levied by that political subdivision;
(3)
Third, the political subdivision in which a person is employed and
which imposed the tax nearest in miles to the person's home.
B.
In case of dispute, a tax receipt of the taxing authority for that
calendar year declaring that the taxpayer has made prior payment constitutes
prima facie certification of payment to all other political subdivisions.
All employers and self-employed individuals residing or having
their places of business outside of the political subdivision but
who perform services of any type or kind or engage in any occupation
or profession within the political subdivision do, by virtue thereof,
agree to be bound by and subject themselves to the provisions, penalties
and regulations promulgated under this article with the same force
and effect as though they were residents of the political subdivision.
Further, any individual engaged in an occupation within the political
subdivision and an employee of a nonresidential employer may, for
the purpose of this section, be considered a self-employed person,
and in the event his or her tax is not paid, the political subdivision
shall have the option of proceeding against either the employer or
employee for the collection of this tax as hereinafter provided.
A.
It shall be the duty of the Collector to accept and receive payments
of this tax and to keep a record thereof showing the amount received
by him from each employer or self-employed person, together with the
date the tax was received.
B.
The Collector is hereby charged with the administration and enforcement
of this article and is hereby charged and empowered, subject to TCC
approval, to prescribe, adopt and promulgate rules and regulations
relating to any matter pertaining to the administration and enforcement
of this article, including provisions for the examination of payroll
records of any employer subject to this article, the examination and
correction of any return made in compliance with this article and
any payment alleged or found to be incorrect or as to which overpayment
is claimed or found to have occurred. Any person aggrieved by any
decision of the Collector shall have the right to appeal consistent
with the Local Taxpayers Bill of Rights under Act 50 of 1998[1] (municipalities may detail their appeal processes).
[1]
Editor's Note: See 53 Pa.C.S.A. § 8421 et seq.
C.
The Collector is hereby authorized to examine the books and payroll
records of any employer in order to verify the accuracy of any return
made by an employer or, if no return was made, to ascertain the tax
due. Each employer is hereby directed and required to give the Collector
the means, facilities and opportunity for such examination.
A.
In the event that any tax under this article remains due or unpaid
30 days after the due dates above set forth, the Collector may sue
for the recovery of any such tax due or unpaid under this article,
together with interest and penalty.
B.
If for any reason the tax is not paid when due, interest at the rate
of 6% on the amount of such tax shall be calculated beginning with
the due date of the tax, and a penalty of 5% shall be added to the
flat rate for nonpayment thereof. Where suit is brought for the recovery
of this tax or other appropriate remedy undertaken, the individual
liable therefor shall, in addition, be responsible and liable for
the costs of collection.
Whoever makes any false or untrue statement on any return required
by this article, or whoever refuses inspection of the books, records
or accounts in his or her custody and control setting forth the number
of employees subject to this tax who are in his or her employment,
or whoever fails or refuses to file any return required by this article
shall, upon being found liable therefor, pay a fine of not more than
$600, plus court costs and reasonable attorneys' fees incurred by
the Borough in the enforcement proceedings. If the penalty is not
paid, the Borough shall initiate a civil action for collection in
accordance with the Pennsylvania Rules of Civil Procedure. Each day
a violation exists shall constitute a separate offense, and each section
of this article that is violated shall also constitute a separate
offense. In addition to or in lieu of enforcement under this section,
the Borough may enforce this article in equity in the Court of Common
Pleas of Washington County. The action to enforce the penalty herein
prescribed may be instituted against any person in charge of the business
of any employer who shall have failed or who refuses to file a return
required by this article.
A.
Nothing contained in this article shall be construed to empower the
Borough to levy and collect the tax hereby imposed on any occupation
not within the taxing power of the Borough under the Constitution
of the United States and the laws of the Commonwealth of Pennsylvania.
B.
If the tax hereby imposed under the provisions of this article shall
be held by any court of competent jurisdiction to be in violation
of the Constitution of the United States or of the laws of the Commonwealth
of Pennsylvania as to any individual, the decision of the court shall
not affect or impair the right to impose or collect said tax or the
validity of the tax so imposed on other persons or individuals as
herein provided.
Except as set forth hereafter, all ordinances or parts of ordinances
inconsistent herewith are hereby repealed. Nothing herein shall be
construed to repeal the imposition and collection of an occupation
privilege tax, plus applicable penalties and interest, for any prior
calendar years, or of an emergency and municipal services tax, plus
applicable penalties and interest, for any prior calendar years, as
the same existed prior to this amendment.
The tax imposed by this article shall be effective on January
1, 2012, and all calendar years thereafter, unless repealed or modified
by ordinance of the Borough.
