[Adopted 11-21-2011 by Ord. No. 2011-04]
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:
The person or entity appointed as tax officer pursuant to
the Local Tax Enabling Act to collect the Tax.
January 1, 2012.
This article.
The East Hanover Township.
The Local Tax Enabling Act, as set forth in 53 P.S. § 6901
et seq. while such numbering and provisions remain in effect under
Act 32 of 2008, and as set forth in 53 P.S. § 6924.101 et
seq. when such numbering and provisions become effective under Act
32, and as amended in the future.
The tax imposed by this enactment.
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, 53
P.S. § 6924.101 et seq.
The period from January 1 to December 31.
East Hanover Township.
The tax collection committee established to govern and oversee
the collection of earned income tax within the TCD under the Local
Tax Enabling Act, 53 P.S. § 6924.101 et seq.
Any tax collection district to which the Taxing Authority
or any part of the Taxing Authority is assigned under the Local Tax
Enabling Act, 53 P.S. § 6924.101 et seq.
A.
General purpose resident tax. The Taxing Authority hereby imposes
a Tax for general revenue purposes at the rate of 1% on earned income
and net profits of individual residents of the taxing authority.
B.
Ongoing tax. The tax shall continue at the above rates during the
current tax year and each tax year thereafter, without annual re-enactment,
until this enactment is repealed or the rate is changed.
C.
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.
D.
Applicable laws, regulations, policies, and procedures. The Tax shall
be collected and administered in accordance with: 1) all applicable
laws and regulations; and 2) regulations, 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.
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.
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, 53 P.S. § 6924.101 et seq.
Every employer shall register, withhold, and remit tax, and
file tax returns in accordance with the Local Tax Enabling Act, 53
P.S. § 6924.101 et seq.
The tax will be collected from individuals and employers by
the Collector.
Individuals and employers are subject to interest, penalties,
costs, and fines in accordance with the Local Tax Enabling Act, 53
P.S. § 6924.101 et seq., including costs imposed by the
Collector in accordance with the Local Tax Enabling Act.
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.
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, 53 P.S. § 6924.101
et seq., and to do so within the time frame required by Act 32. Any
prior enactment imposing a tax on earned income or net profits of
individuals is amended and restated in its entirety to read as stated
in this enactment. Any other 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 by adoption of this enactment.
If any part of this enactment is declared invalid, the similar part
of any prior enactment levying a similar tax shall remain in effect
and shall not be affected 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 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 amend and restate on the effective date any enactment
levying a tax on earned income or net profits in force immediately
prior to the effective date.
This enactment is adopted and enacted November 21, 2011.
