This article shall be known and may be cited
as the "Local Taxpayers Bill of Rights."
The following words and phrases when used in
this article shall have the meanings given to them in this section
unless the context clearly indicates otherwise:
ASSESSMENT
The determination by the Township of the amount of underpayment
by a taxpayer.
BOARD
A board of local tax appeals established under 53 Pa.C.S.A.
§ 8430 (relating to administrative appeals).
ELIGIBLE TAX
Any of the following, including interest and penalty provided
by law, when levied by a political subdivision:
A.
Any tax authorized or permitted under the Act
of December 31, 1965 (P.L. 1257, No. 511, known as the "Local Tax
Enabling Act."
B.
Any per capita tax levied under any act.
C.
Any occupation, occupation assessment or occupation
privilege tax levied under any act.
D.
Any tax on income levied under any act.
E.
Any tax measured by gross receipts levied under
any act.
F.
Any tax on a privilege levied under any act.
G.
Any tax on amusements or admissions levied under
any act.
H.
Any tax on earned income and net profits.
GOVERNING BODY
The Board of Supervisors of the Township of German, Fayette
County, Pennsylvania.
OVERPAYMENT
Any payment of tax which is determined in the manner provided
by law not to be legally due.
TAXPAYER
An individual, partnership, association, corporation, limited
liability company, estate, trust, trustee, fiduciary or any other
entity subject to or claiming exemption from any eligible tax or under
a duty to perform an act for itself or for another or pursuant to
the authority of an act providing for an eligible tax.
UNDERPAYMENT
The amount or portion of any tax determined to be legally
due in the manner provided by law for which payment or remittance
has not been made.
VOLUNTARY PAYMENT
A payment of an eligible tax made pursuant to the free will
of the taxpayer. The term does not include a payment made as a result
of distraint or levy or pursuant to a legal proceeding in which the
borough is seeking to collect its delinquent taxes or file a claim
therefor.
The Township shall notify the taxpayer, in writing,
of the basis for any underpayment that the Township has determined
to exist. The notification shall include:
A. The tax period or periods for which the underpayment
is asserted.
B. The amount of the underpayment detailed by tax period.
C. The legal basis upon which the borough has relied
to determine that an underpayment exists.
D. An itemization of the revisions made by the Township
to a return or report filed by the taxpayer that results in the determination
that an underpayment exists.
Unless otherwise specified by the taxpayer,
all voluntary payments of an eligible tax shall be prioritized by
the Township as follows:
D. Any other fees or charges.
A political subdivision levying an eligible
tax shall establish an administrative process to receive and make
determinations on petitions from taxpayers relating to the assessment,
determination or refund of an eligible tax. The administrative process
shall consist of any one of the following:
A. Review and decision or hearing and decision by the
Township Tax Appeals Board appointed by the Board of Supervisors.
The Board shall consist of at least three but not more than seven
members. Qualifications for service to the Board and compensation,
if any of the members shall be determined by the Board of Supervisors.
The Board of Supervisors may enter into agreements with other political
subdivisions to establish a joint local tax appeal board.
B. Review and decision by the Board of Supervisors in
executive session.
C. A hearing and decision by a hearing officer appointed
by the Board of Supervisors. The Board of Supervisors shall determine
the qualifications and compensation, if any, of the hearing officer.
D. An administrative review or appeal process existing on the effective date of this article that is substantially similar to the procedures in Subsection
A,
B or
C.
Practice and procedure under this section shall not be governed by 2 Pa.C.S.A. Chs.
5 Subch. B (relating to practice and procedure of local agencies) and 7 Subch. B (relating to judicial review of local agency action). The Board of Supervisors shall adopt regulations governing practice and procedure under this section.
Decisions on petitions submitted under this
section shall be issued within 60 days of the date a complete and
accurate petition is received. Failure to act within 60 days shall
result in the petition being deemed approved.
Any person aggrieved by a decision under this
article who has a direct interest in the decision shall have the right
to appeal to the court vested with the jurisdiction of local tax appeals
by or pursuant to 42 Pa.C.S.A. (relating to judiciary and judicial
procedure).
Decisions under this article may be made according
to principles of law and equity.
Except as provided in §
24-22 (Interest on Overpayment) this article shall not apply to any tax on real property.