act-1936-1-25•Pennsylvania Act 1936-25 (session 1) — RELATED TO TAXATION: ABATMENT OF PENALTIES
Pennsylvania Act 1936-25 (session 1) — RELATED TO TAXATION: ABATMENT OF PENALTIES
act-1936-1-251936 Pa. Act 25 (session 1)Law
Act text
RELATED TO TAXATION: ABATMENT OF PENALTIES
Act of Jul. 22, 1936, Special Session 1, P.L. 67, No. 25 Cl. 53
Special Session No. 1 of 1936
No. 1936-25
AN ACT
Abating, under certain circumstances, tax penalties and interest
on certain city taxes in cities of the first class, school
districts of the first class; and prohibiting the sale of
real property for the non-payment of any such taxes for a
certain period; and preserving certain tax liens, and
providing for the extension thereof, and for payment of costs
in connection therewith.
Section 1. Be it enacted, &c., That all penalties and
interest imposed on delinquent taxes in cities of the first
class and school districts of the first class, for the tax year
one thousand nine hundred and thirty-four and all previous
years, assessed and levied against any parcel or parcels of real
estate, are hereby abated, without the necessity of further
action by the authority levying the tax, if said delinquent
taxes are paid as hereinafter provided.
In order to receive the benefits of this act, the taxes for
the year one thousand nine hundred and thirty-five and all
penalties and accrued interest thereon, and thirty-three and
one-third per centum of the delinquent taxes due for the tax
year one thousand nine hundred and thirty-four and for all
previous years shall be paid on, or before, the first day of
November, one thousand nine hundred and thirty-six; thirty-three
and one-third per centum on, or before, the first day of
November, one thousand nine hundred and thirty-seven; thirty-
three and one-third per centum on, or before, the first day of
November, one thousand nine hundred and thirty-eight: And
provided, That the respective current taxes on such parcel or
parcels of real estate for the years subsequent to the year one
thousand nine hundred and thirty-six during such installment
periods, assessed and levied by such taxing authority, shall be
paid during the then current year before they become delinquent.
If and whenever any of the said current taxes, or any of the
said installments, are not paid when due and payable as herein
provided, then, and in that event, there shall become due and
payable for such year, a sum equal to one-third of what would
have been the total amount of the abated penalties and interest
had the payment in question been made on time, this sum to be in
addition to the other payments required to be paid under this
act during that year, which said additional sum shall be
payable, and must be paid at the time the next succeeding
installment payment becomes due under this act. If such
additional sum is not so paid, then the total amount of the
abated penalties and interest, less the aggregate of any such
additional sums theretofore paid, shall be revived and added to
the unpaid taxes with the same force and effect as if such
abated penalties and interest, or portion thereof, had never
been abated, and the taxpayer shall not thereafter be entitled
to any further benefits or privileges under this act.
Section 2. Any taxpayer may anticipate the payment of
delinquent taxes for the tax year one thousand nine hundred and
thirty-four and previous years at any time on, or before,
November first, one thousand nine hundred and thirty-six, or of
the balance of said delinquent taxes then due at any time
thereafter during the installment period herein provided for, if
the taxpayer is not then in default under the provisions of this
act, by paying the entire amount or balance, as the case may be,
of such delinquent taxes and receive the benefit of this act,
and in such cases, payment of the taxes, assessed and levied for
the year one thousand nine hundred and thirty-six, shall not be
required at the time of such payment.
Section 3. This act shall be construed to apply to all such
taxes whether or not liens for such taxes have been returned for
non-payment, or have been filed in the office of the
prothonotary of the county, or proceedings for the collection of
such taxes have been instituted in any court in said county, or
where real property has been sold to a county, city, borough,
town, township, school district or poor district at a tax sale
or on a tax lien, and the period of redemption has not expired;
but this act shall not be construed to apply to cases where real
property has been sold other than to a county, city, borough,
town, township, school district or poor district at a tax sale
or on a tax lien, and where the period of redemption has not
expired, but if the taxpayer desires any tax lien or judgment
entered of record to be satisfied, it shall be so marked on
order filed by the taxing authority or its solicitor upon
payment of all costs actually expended by the taxing authority,
prothonotary, and sheriff, the taxpayer to be liable for the
payment of such costs only, and no other costs to be demandable
from him or the taxing authority.
Section 4. The benefits of this act shall extend to and
accrue to any successful bidder or purchaser at sheriff's or
other judicial sale, grantee, transferee, mortgagee, or other
party in interest in the parcel or parcels of real estate
against which the above mentioned taxes have been assessed and
levied.
For the purposes of this act, a tax shall be deemed to become
delinquent on the date of its registry as a delinquent tax or on
the fifteenth day of January of the year, following the current
year for which the tax in question was levied.
Section 5. Any taxpayer shall have the right to pay the
delinquent taxes assessed and levied against any parcel or
parcels of real estate without being required to pay the
delinquent taxes assessed and levied against any other parcel or
parcels of real estate in the same ward, district or other
municipal subdivision.
Section 6. In all cases of delinquent taxes paid subsequent
to June first, one thousand nine hundred and thirty-five and on,
or before, November first, one thousand nine hundred and thirty-
six, where the payments were or are made and accepted on the
basis of the allowance to the taxpayer of penalties, interest
and costs, or on the basis of the allowance of any of them, such
allowance or allowances shall stand valid in all respects and
shall be so viewed on the audit of the accounts of the tax
collector.
Section 7. Upon application either in person or in writing
by any taxpayer, the tax levying authorities, the tax collector,
the receiver or receivers of taxes, or the person or persons
charged with the collection of such delinquent taxes, or the
person or persons in whose custody the records of such
delinquent taxes are kept, shall furnish to such delinquent
taxpayer a statement of the delinquent taxes owed by him to such
municipal subdivision, showing the face amount, the penalty, if
any, the interest, if any, and any costs or other charges in
detail against such real property as shown by the records in his
custody.
Section 8. In order to enable the taxpayer to receive the
full benefits of this act, no real property shall be sold for
non-payment of taxes before November first, one thousand nine
hundred and thirty-six, and any tax sale shall be adjourned or
readjourned as often as may be necessary for this purpose. If
any tax sale is adjourned or readjourned after advertisement, no
additional advertisement or notice shall be necessary for the
adjourned or readjourned sale. No such adjournment or
readjournment, failure to advertise or hold any such tax sale
shall invalidate the lien of any tax due and unpaid, but the
lien of all such taxes shall be fully preserved during the
entire installment period, herein provided for, if the taxpayer
avails himself of the privileges or benefits of this act:
Provided, however, That in every case where a taxpayer avails
himself of the privileges or benefits of this act, the period
during which payments of the said delinquent taxes are postponed
or continued under this act shall not be included in computing
and determining whether or not any right of the tax assessing
and levying authorities has been barred or lost by reason of the
provisions of any statute or statutes now existing, or hereafter
enacted, limiting the right of the said tax levying and
assessing authorities to file, preserve or maintain the lien of
the said taxes.
Section 9. The provisions of this act are severable, and if
any of the provisions hereof are held to be unconstitutional,
the decision shall not be construed to impair any other
provision of this act. It is hereby declared as the legislative
intent that this act would have been adopted had such
unconstitutional provision not been included herein.
Section 10. The act approved the sixteenth day of May, one
thousand nine hundred thirty-five (Pamphlet Laws, one hundred
sixty-six), as amended by the act approved the twenty-first day
of June, one thousand nine hundred thirty-five (Pamphlet Laws,
four hundred ten) shall continue in force and effect only as to
those taxpayers who have heretofore taken advantage of that act
by paying the first installment within the installment period
provided for in section one, paragraph (a) thereof, and have not
become in default and shall not become in default in meeting any
subsequent installments provided for in that act, and who
continue to liquidate their delinquent tax obligations under
that act: Provided, however, That if said taxpayer desires any
tax lien or judgment entered of record to be satisfied, he shall
be liable for costs as provided in section ten of this act. All
other acts and parts of acts general, local, and special,
inconsistent herewith, be, and the same are, hereby suspended
during the time this act shall be in effect.
Section 11. This act shall become effective immediately upon
final enactment.
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