[Adopted 2-20-2007 by Ord. No. 382]
The Borough of Glen Osborne herein adopts Act 40 of 2005 (enacted
on July 7, 2005) which amends the Realty Transfer Tax (RTT) provisions
of Article XI-C of the Tax Reform Code of 1971 and which adds provisions
to Article XI-D relating to the local realty transfer tax.
The current local realty transfer tax imposed by the Borough
and all applicable interest and penalties shall be administered, collected,
and enforced under the Local Tax Enabling Act, as amended (P.L. 1257,
No. 511, 53 P.S. § 6901 et seq). However, if the correct
amount of the tax is not paid by the last date prescribed for timely
payment by the Borough of Glen Osborne, then, pursuant to § 1102-D
of the Tax Reform Code of 1971 (72 P.S. § 8102-D), the Borough
herein authorizes and directs the Department of Revenue of the Commonwealth
of Pennsylvania to determine, collect and enforce the tax, interest,
and penalties associated with the existing realty transfer tax under
the following circumstances: when the tax is deemed delinquent as
result of an improperly claimed exemption or exemptions, when the
full taxable value of the property is not reported and/or the tax
is not paid, or when there is other tax noncompliance.
Any tax imposed under § 130-30.1 that is not paid by the date the tax is due shall bear interest as prescribed for interest on delinquent municipal claims under the Municipal Claims and Tax Liens Act, as amended (P.L. 207, No. 153, 53 P.S. § 7101 et seq.). The interest rate shall be the lesser of the interest rate imposed upon delinquent commonwealth taxes as provided in § 806 of the Fiscal Code, as amended (P.L. 343, No. 176, 72 P.S. § 806) or the maximum interest rate permitted under the Municipal Claims and Tax Liens Act for tax claims.
The provisions of this article shall become effective on and
be applicable to any document made, executed, delivered, accepted,
and/or presented for recording on or after February 20, 2007.
Any other ordinance or part of any other ordinance conflicting
with the provisions of this article, including but not limited to
Section 12 of Ordinance No. 305,[1] are hereby repealed to the extent of such conflict. Nevertheless,
the repealed ordinances shall remain effective for documents that
became subject to the tax prior to the effective date of this article.
