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| Bill of Rights | What is Taxable? |
Every taxpayer is obligated to pay all taxes by the School District to which the taxpayer is subject. When taxes are not paid or a school district has questions about whether a taxpayer has fulfilled all tax obligations, the school district has legal rights to enforce taxpayer obligations. In conjunction with taxpayer obligations and school district rights, the Commonwealth of Pennsylvania has enacted a Local Taxpayers Bill of Rights which grants legal rights to taxpayers, and creates obligations for school districts so that equity and fairness control how school districts collect taxes. This document is the School District Disclosure Statement required by the Bill of Rights. This document is merely a summary of your rights. For a complete statement of your rights and the obligations of the School District, see 53 P.S. Subch. C.
APPLICABILITY/ELIGIBLE TAXES
TAXPAYER RIGHTS AND MUNICIPAL AND SCHOOL TAX OFFICE OBLIGATIONS WHEN THE MUNICIPAL AND SCHOOL TAX OFFICE REQUESTS INFORMATION OR AUDITS TAXPAYER RECORDS
TAX ASSESSMENT/UNDERPAYMENT/REQUIRED NOTICE
* Tax Appeal Petitions requesting a refund must be filed within the time set forth above
under "Tax Overpayment Refunds."
* Tax Appeal Petitions appealing a tax or notice of underpayment must be filed within 90
days after the date of the tax or underpayment notice.
* Regulations regarding the form and content of petitions, as well practice and procedures
for tax appeals may be obtained in person, or by mailing a request to the above address, or
by calling the Municipal and School Tax Office at 570-327-5500 ext. 3540 during the hours
of 8:00 a.m. to 4:00 p.m.
Municipal and School Tax Office Decision
Appeals To Court
SCHOOL DISTRICT ENFORCEMENT PROCEDURES
TAX INFORMATION CONFIDENTIALITY
TAXPAYER COMPLAINTS
You are entitled to receive a written explanation of your rights with regard to the assessment, audit, appeal, enforcement, refund, and collection of the earned income taxes. The written explanation is entitled Municipal and School District Earned Income Taxpayers Bill of Rights Disclosure Statement. Upon receiving a request from you, the Municipal and School District Earned Income Tax Office will give you a copy of the Disclosure Statement at no charge. You may request a copy in person, or by mailing a request to the following address:
A copy will also be mailed to you if you call the Municipal and School District Earned Income Tax Office at the following number:
You may call the above telephone number or appear in person at the above address to request a copy during the hours of 8:00 a.m. to 4:00 p.m. on any weekday other than a holiday.
Under Pennsylvania Law (53 P.S. # 8424, Act 50), you have 30 calendar days from the mailing date of this information request to respond by: (1) providing the Municipal and School Earned Income Tax Office with the requested information: or (2) requesting an extension of time in which to provide the requested information. If you need an extension, send a written request, specifying the reasons for the extension and the facts supporting those reasons, to the following address:
Reasonable time extensions will be granted for good cause. The Municipal and School Earned Income Tax Office will notify you in writing of whether a time extension has been granted. If your request is granted, the Municipal and School Earned Income Tax Office will inform you of the amount of the time Extension. If your request is denied, the Municipal and School Earned Income Tax Office will inform you of the basis for its denial and that you must immediately provide the requested information.
I. TAX BASE
B. "NET PROFITS": The net income from the operation of a business, profession, or other activity, except corporations, after provision for all costs and expenses incurred in the conduct thereof, determined either on a cash or accrual basis in accordance with the accounting system used in such business, profession, or other activity, but without deduction of taxes based on income. Each business or profession is taxed separately and net profits are to be determined with reference only to the gross income and expenses of that business, without mixing the income of one enterprise with the expenses of another. (See Aronson V. City of Pittsburgh, Commonwealth Court, 485 A 2d 890 (1985). 555 A. 2d 1288 (1989). A loss in the "Net Profits" class of income may be offset against "earned income." (See O'Reilly V. Foxchapel School District PA Supreme Court 555 A 2nd 1288 (1989). Net profits shall be determined under Section 303 of the Act of March 4, 1971 Code PT I Subpt. B Art. V (relating to personal income tax).
AWARDS
BACK PAY AWARDS
BONUSES
CAFETERIA PLAN :
(The Tax Office will follow Pennsylvania State Income Tax Regulations.)
A plan which allows pre-tax employee deductions for a given benefit.
GROUP LEGAL ASSISTANCE:
Employee deductions for Group Legal.
VACATION:
Employee buys extra days.
Employee sells extra days.
CAPITAL GAINS if on PA Schedule C
COMMISSIONS
COURT AWARDS:
to the extent that they represent back wages.
COVENANTS NOT TO COMPETE (3/12/98)
DEFERRED COMPENSATION PLAN CONTRIBUTION:
(401K, 403B, pure annuity, 408K6, 414H2, 457, 501C, TSA)
DEPENDENT CARE ASSISTANCE
DIRECTORS FEES:
unless in the business of being a director.
EMPLOYEE DISCOUNTS:
if Federally Taxable (20 percent or more).
EMPLOYEE STOCK OPTIONS:
(when exercised). (See Marchlen V. The Township of Mt. Lebanon)
EMPLOYERS CONTRIBUTION TO A "CAFETERIA PLAN":
to the extent employee could have elected taxable benefits.
EXECUTOR'S FEES
FELLOWSHIP:
if the recipient is required to provide a substantial service, e.g.,
Advance Research/Teaching, unless excluded below.
FINANCIAL PLANNING AND COUNSELING FEES:
provided by outside consultant.
GIFTS FROM EMPLOYER
GOLDEN PARACHUTE PAYMENTS:
regular salary or those deemed excess compensation subject to 20%
Federal Excess Tax.
GRATUITIES
GROUP LEGAL SERVICES
HOLIDAY PAY
HONORARIA
INCENTIVE PAYMENTS
INTEREST EARNED ON BUSINESS ACCOUNTS
INTEREST:
on below market loans.
JURY DUTY
MEALS AND LODGING:
not for employers convenience.
MORTGAGE ASSISTANCE IN LIEU OF OTHER COMPENSATION
NATIONAL GUARD/RESERVE:
**including active duty within Pennsylvania.
NON-CASH PAYMENT FOR SERVICES RENDERED
NON-QUALIFIED RETIREMENT PLAN WITHDRAWALS
NON QUALIFIED STOCK BONUS INCENTIVE PLAN:
employer contributions: forfeitable and non-forfeitable.
PAYMENT INCENTIVES FOR EARLY RETIREMENT
PAYMENTS IN LIEU OF BENEFITS:
(ex: employee receives cash for not participating in health insurance plan)
PAYMENTS REALIZED IN THE FORM OF DEBT FORGIVENESS:
as payment for compensable services.
PREMATURE PROFIT DISTRIBUTION:
not rolled over into a qualified pension plan, individual retirement
account or an annuity plan.
PREMATURE WITHDRAWAL OR EARLY DISTRIBUTION:
from retirement or pension plan on the contributions not taxed when
earned, including employer contributions, interest earned and employee
contributions actually received by the taxpayer from a regular IRA or
from a Roth IRA to the extent not previously taxed, according to Pennsylvania
State Tax regulations.
PRE-TAX ITEMS :
under Sec 125 Cafeteria Plan. (The tax office will follow Pennsylvania
State Income Tax Regulations)
PRIZES
PROCEEDS FROM PROFIT SHARING PLANS:
unless qualifying as the sole retirement plan.
REIMBURSED MOVING EXPENSES:
in excess of allowable expenses on Schedule.(The tax office will follow
Pennsylvania State Income Tax Regulations)
REIMBURSEMENTS AND ALLOWANCES:
in excess of allowable business expenses on Schedule UE.
RESERVE MILITARY SERVICE PAY:
**including active duty within Pennsylvania.
SALARIES
SCHOLARSHIPS STIPENDS, GRANTS AND FELLOWSHIPS:
if services are rendered in connection therewith.
SEVERANCE PAY
SICK PAY (if wage continuation)
STIPENDS:
paid to medical interns and residents pursuant to an internship or
residency program that conforms with the "Essentials of an Approved
Internship" or the "Essentials of an Approved Residency" as established
by the American Medical Association are taxable.
STOCK BONUS PLANS
STOCK OPTIONS (WHEN EXERCISED BY EMPLOYEE)
TAXES:
paid by employer on behalf of employee.
TERMINATION / SEVERANCE PAY
TIPS (allocated or not)
TUITION FORGIVENESS / REDUCTION:
to Federal limit and not for employers benefit.
VACATION / HOLIDAY PAY
WAGES
"Labor" is intended to apply to janitor, maid or supervisory service, whether performed by the owner, his agents or employees.
"Service" shall include elevator, heat, light, power and the like.
2. The furnishing of labor and service signify "activity" and participation on the part of the taxpayer and classifies him as conducting or carrying on a "business" as defined for this tax.
3. If a person owns several parcels of real estate from which he receives rental income and provides services as to some of the properties, he is only liable for the tax on the net rentals of those properties in connection with which services are furnished.
4. Where, however, the rental income is derived merely from the passive ownership of real estate, it is not taxable even though the owner or his agents may make repairs or do such other acts which an owner normally does to preserve his property.
5. When any property falls within the taxable classification above given, the manner of its acquisition, i.e., purchase, gift, inheritance, fiduciary, or as fiduciary mortgagee in possession, etc. does not affect the taxability of the income derived there from.
6. Where a taxpayer is in doubt as to the taxable status of rental income, or the gain or profit from sale of real estate he shall submit a detailed written statement to the Officer for a ruling.
B. Fiduciaries: A fiduciary is a person who holds in trust, property, monies or properties to which another has a beneficial title or interest, or who received and controls income for another person or persons. Commissions or fees received by a fiduciary constitute taxable income, where a fiduciary is regularly engaged in a business or profession as a fiduciary, or is engaged in a business or profession commonly regarded as being incidental or collateral thereto, for example, an attorney-at-law, real estate agent, etc., or if such commission or fees represent a substantial portion of the earnings or income of the fiduciary; or, when the administration of the trust requires a substantial portion of the fiduciary's available working time.
C. Royalties: Income received as a "royalty" is considered taxable under this tax. This type of income includes monies received by the owner of a patent or private formula for the use of it, or the right to act under it; or by the author of a book; or by the owner of a mine for permitting another to remove materials from it.
D. Payments received from government in support of agriculture including payments for not farming.
E. Income received from an LLC (Limited Liability Company) if income is subject to Social Security Tax.
F. “Bonus Depreciation” and Section 179 Deduction amounts are to be calculated for local income tax purposes in the same manner calculated for Pennsylvania personal income purposes and not as according to federal income tax provisions.
AGENT ORANGE AND VIETNAM herbicide litigation awards.
AIR TRAVEL - Fair Market value of employer provided.
ALIMONY
BONUSES:
by a state or the United States for active military service.
CAFETERIA PLAN:
(The Tax Office will follow Pennsylvania State Income Tax Regulations.)
AD&D:
Employee deductions for an accidental death and dismemberment plans.
DENTAL:
Employee deductions for Dental Plan.
LIFE INSURANCE:
Employee deductions for Whole Life Group Term Life.
LTD:
Employee deductions for Long Term Disability.
MEDICAL:
Employee deductions for Health Insurance Programs, Hospitalizations, and HMO's.
Flexible medical spending accounts.
VISION:
Employee deductions for a vision care plan.
CAPITAL GAINS--Unless on PA Schedule C
CHILD SUPPORT
DEATH BENEFITS:
wages earned through date of death and gifts paid to family.
DEPENDENT CARE FACILITY PROVIDED BY EMPLOYER
DISABILITY
DIVIDENDS
EMPLOYER PAID MEDICAL, DENTAL, AND LIFE INSURANCE PREMIUMS
FELLOWSHIPS:
based on need or academic achievement.
FINANCIAL PLANNING AND COUNSELING FEES:
provided by company employee.
GAMBLING/LOTTERY WINNINGS
GIFTS
HEALTH INSURANCE PAID BY S-CORP FOR SHAREHOLDER
INHERITANCE
IRA PAYMENTS RECEIVED UPON RETIREMENT
INSURANCE PAYMENTS
INTEREST
LIFE INSURANCE PREMIUMS:
group term life and other.
LIFE INSURANCE PROCEEDS
LONG TERM DISABILITY
LOTTERY WINNINGS
MEALS AND LODGING:
employer's convenience.
CONTRIBUTIONS TO NON-QUALIFIED RETIREMENT PLANS
OCCUPATIONAL DISEASE ACTS
PARSONAGE/ HOUSING/ RENT/ UTILITIES PAYMENTS received by member of clergy
PENSIONS (received under normal retirement conditions)
PERSONAL INJURY AWARDS
PERMANENT LOSS OF BODY FUNCTION:
disfigurement or medical expense reimbursement- amounts received.
PRIZES AND AWARDS
PROFITS APPLICABLE TO LIMITED PARTNERS WITHIN A LIMITED PARTNERSHIP ENTITY
PROFIT FROM THE CASUAL EXCHANGE OR SALE OF PROPERTY
PUBLIC ASSISTANCE
RELOCATION:
up to Pennsylvania State allowance.
RENT RECEIVED WITHOUT THE PROVISION OR SERVICES
RETIREMENT
SCHOLARSHIPS
S CORPORATION INCOME
SICK PAY, THIRD PARTY
SOCIAL SECURITY
STRIKE BENEFITS
TIMBER, SALE OF--If on PA Schedule C
TUITION:
for employers benefit.
UNEMPLOYMENT COMPENSATION
VETERANS RETIREMENT OR DISABILITY
WORKER'S COMPENSATION
B. They are reasonable and actual.
C. They are recognized as deductions by the State of Pennsylvania for income for tax purposes.
VI RETURNS WHICH MUST BE FILED
B. NET PROFIT RETURN: An individual, co-partnership, association, or joint venture, must file a return on Net Profits Earned from the conduct of a business, profession or other activity.
C. PARTNERSHIP RETURN: A co-partnership, association or joint venture is not considered to be a taxable unit. The return is filed by the partnership as an entity, however, the co-partners are individually liable for payment of their tax. Every partnership domiciled or maintaining a place of business within the taxing district shall make a return for each taxable period, stating specifically, the items of its gross earned income and the deductions allowed and shall include in the return the names and addresses of the individuals who should be entitled to share in the net profits, if distributed (or net loss if applicable) and the distributive share of each individual. The return shall be sworn to by any one of the partners.
D. S. CORPORATION RETURN: An S Corporation is not required to file a return nor is the share holder's share of profits taxable to the individual. Officers of S Corps must pay tax on salaries and wages received or on an amount that represents compensation for services performed for the corporation.
E. LIMITED LIABILITY COMPANY (LLC): An LLC is not considered to be a taxable unit, however, if the LLC elects to be taxed as a partnership, the members are to be individually liable for the payment of their tax. Every LLC, which has been elected partnership, status shall make a return for each taxable period stating specifically the items of its gross earned income and the deductions allowed and shall include in the return the names and addressed of the individuals who shall be entitled to share in the net profits (or net loss). The return shall be sworn to by any one of the members.
F. INDIVIDUAL RETURNS: Every individual resident (no joint returns permitted) of the taxing district who has "earned income" or “net profits” shall file a tax return. Such return shall set forth the items of "earned income" and "net profits"; the individual's name, address, social security number and taxing district. Copies of W-2 forms, 1099's and appropriate income (1040 C, F, K-1, etc.) and expense (2106, UE1, UE2, etc.) schedules, must be attached. With regard to "net profits" each business or profession is taxed separately, see Section I (B) of these regulations, and a loss in "net profits" may be offset against "earned income."
VII. NON-RESIDENT TAXATION
Any person claiming non-residency status must provide proof of non-residency such as a passport with a valid student or exchange visitor’s visa, a driver’s license, a local tax return from his or her resident municipality, voter registration card, or other acceptable documen- tation. Any person claiming non-residency exemption status must provide proof of payment of the local earned income/compensation and net profits tax elsewhere for the concurrent time period.
The earned income/compensation tax, as levied on non-residents by the Ordinances and Resolutions of the municipalities, shall relate to and is imposed at the rate of one percent (1%) upon the salaries, wages, commissions and other compensation paid by an employer or on his or her behalf to a person who is employed by him or her. Therefore, if an employer has its place of business within the municipality employs an individual, and all salaries, wages, etc., are paid to the employee from said employer, then wages, salaries, etc. are taxable at the rate of one percent (1%). It makes no difference that the employee spends a significant amount of time outside the municipality on business. The critical factor is whether the salaries, wages, etc. are paid to the employee from the employer or business located within out taxing jurisdiction(s). If this is the case, then the TAX is properly levied and no refunds should be issued.
VIII. ESTIMATED TAX
IX. WAGE ATTACHMENTS
X. BAD CHECKS
XI. CHANGES IN THE LANGUAGE OF ACT 511 BY THE PENNSYLVANIA GENERAL ASSEMBLY
XII. ACCOUNTING, PAYMENT AND RECORDS, ACCOUNTING METHODS
ACCOUNTING PERIOD
If the taxpayer has no annual accounting period of does not keep books, the net income shall be computed on the basis of the calendar year.
NET LOSS
“Net Loss” in any year may not be carried to another year.
PAYMENT BY EMPLOYERS
Employers who withhold tax must file a return and pay any balance due by the last day of the month following the end of the quarter. The return must contain the names, addresses, social security numbers, gross wages and amount withheld for all employees. Employers who withhold a tax amounting to more than fifty dollars ($50.00) during the first or second months of any calendar quarter, shall remit the actual amount of the tax so withheld to the Municipal and School Income Tax Officer on or before the fifteenth (15th) of the month next following the month during which the tax was deducted. Employers have the option of filing quarterly returns on 3.5 disks. Formatting instructions are available by calling the office at (570)327-5500 ext 3540.
WITHHOLDING BY AGREEMENT
Employers although not required to withhold a tax from the earnings of Domestic Servants, Farm Labor or Casual Labor not in the usual course of business may voluntarily agree with such employees to withhold the tax and remit it to the tax officer.
PLACE AND MANNER OF PAYMENT
All Income tax shall be paid at the Municipal and School Income Tax Office. All checks for the tax shall be made payable to the Income Tax Officer. Taxpayers are not required to remit amounts of $1.00 or less. The tax office will not refund or credit amounts of $1.00 or less.
RECORDS TO BE KEPT BY TAXPAYERS
Taxpayers and employers are required to keep such records as will enable the filing of true and accurate declarations and returns, whether of taxes withheld at source or of taxes payable upon earnings or net profits, or such records shall be preserved for a period of not less than six (6) years in order to enable the Income Tax Officer or any agent designated by him to verify the correctness of the declarations or returns filed.
XIII. INTEREST,PENALTIES, & FEES
XIV. TAXPAYER BILL OF RIGHTS
NOTE: In accordance with House Bill 1535, effective January 30, 2005, the Tax Office shall impose reasonable fees to provide notices of delinquency or to implement similar procedures utilized to collect delinquent taxes. A fee in the amount of $20.00 will be assessed on all mailings, except the initial notice. This includes, but is not limited to, second notice for no payment or schedule, certified notice, payment plans, audit letter, examination letter, failure to file letter. The tax office shall prepare, and from time to time update, the fee schedule viewable at our Latest News. The fee schedule shall be posted at the tax office.
*In accordance to HB 1206 of 2003 all active duty is exempt.*
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