[Ord. 1-2010, 11/17/2010]
All terms defined in the Local Tax Enabling Act, 53 P.S. § 6924.101
et seq., 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 Township of Lower Oxford, Chester County, Pennsylvania.
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.
[Ord. 1-2010, 11/17/2010]
1. General Purpose Resident Tax. The taxing authority hereby imposes
a tax for general revenue purposes at the rate of 1% (0.01) on earned
income and net profits of individual residents of the taxing authority.
2. Open Space Municipal Resident Tax. In addition to the tax levied
for general revenue purposes, the taxing authority hereby imposes
a tax for expenses related to open space lands under 32 P.S. § 5007.1
at the rate of 1/2 of 1% (0.005) on earned income and net profits
of individual residents of the taxing authority. This tax for open
space lands was previously authorized by voter referendum.
3. General Purpose Municipal Nonresident Tax. The taxing authority also
imposes a tax for general revenue purposes at the rate of 1% 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.
4. 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until this enactment is repealed or the rate is changed.
5. Combined Tax Rate Applicable to Residents. Currently, the total rate
applicable to residents of the taxing authority, including the tax
imposed by the school district and municipality in which the individual
resides, is 1.5% (0.015).
6. Municipal Tax Rate Applicable to Nonresidents. Currently, the total
rate applicable to nonresidents working within the taxing authority
based on the municipal nonresident tax rate is 1% (0.01).
7. 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.
8. Applicable Laws, Regulations, Policies, and Procedures. The tax shall
be collected and administered in accordance with: all applicable laws
and regulations; and 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.
[Ord. 1-2010, 11/17/2010]
1. No Exemption From Tax. Although credits and deductions against tax
are permitted under certain circumstances as provided in applicable
law and regulations, no individuals are exempt from tax based on age,
income, or other factors.
[Ord. 1-2010, 11/17/2010]
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.
[Ord. 1-2010, 11/17/2010]
Every employer shall register, withhold, and remit tax and file
tax returns in accordance with the Local Tax Enabling Act.
[Ord. 1-2010, 11/17/2010]
The tax will be collected from individuals and employers by
the Collector.
[Ord. 1-2010, 11/17/2010]
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 authorization by
the TCC having jurisdiction.
[Ord. 1-2010, 11/17/2010]
The provisions of this enactment are severable; and if any of
its provisions are ruled by a court invalid or unconstitutional, such
decision shall not affect or impair any of the remaining provisions
of this enactment. It is declared to be the intention of the governing
body that this enactment would have been adopted if such invalid or
unconstitutional provision had not been included.
[Ord. 1-2010, 11/17/2010]
1. 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.
2. Any 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 in any manner by adoption of this enactment.
The provisions of this enactment 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
any 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 supersede and repeal on the effective
date any enactment levying a tax on earned income or net profits in
force immediately prior to the effective date.
[Ord. 1-2010, 11/17/2010]
The provisions of this Part shall become effective on January
1, 2011.