act-2002-0-237•Pennsylvania Act 2002-237 — FIRST CLASS CITY BUSINESS TAX REFORM ACT - AMEND TAX MEASUREMENT YEAR, TAX PAYMENT, PERIOD USED IN COMPUTATION OF TAX AND CONTINUATION OF TAX
Pennsylvania Act 2002-237 — FIRST CLASS CITY BUSINESS TAX REFORM ACT - AMEND TAX MEASUREMENT YEAR, TAX PAYMENT, PERIOD USED IN COMPUTATION OF TAX AND CONTINUATION OF TAX
act-2002-0-2372002 Pa. Act 237Law
Act text
FIRST CLASS CITY BUSINESS TAX REFORM ACT - AMEND TAX MEASUREMENT YEAR,
TAX PAYMENT, PERIOD USED IN COMPUTATION OF TAX AND CONTINUATION OF TAX
Act of Dec. 30, 2002, P.L. 2089, No. 237 Cl. 11
Session of 2002
No. 2002-237
HB 2892
AN ACT
Amending the act of May 30, 1984 (P.L.345, No.69), entitled "An
act to provide revenue for cities of the first class by
authorizing and imposing a tax on persons engaging in certain
businesses, professions, occupations, trades, vocations and
commercial activities therein; providing for its levy and
collection at the option of cities of the first class;
conferring and imposing powers and duties on cities of the
first class and the collector of city taxes in such cities;
and prescribing penalties," defining "tax measurement year";
further providing for period used in computation of tax and
for tax payment; and providing for continuation of tax.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2 of the act of May 30, 1984 (P.L.345,
No.69), known as the First Class City Business Tax Reform Act,
is amended by adding a definition to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Tax measurement year." The fiscal or calendar year by which
the person engaging in business keeps its books and records for
Federal tax purposes.
* * *
Section 2. Sections 5 and 7 of the act are amended to read:
Section 5. Period used in computation of tax.
[(a) Ongoing businesses.--Every person subject to the
payment of the tax hereby imposed who has commenced his business
at least one full year prior to the beginning of any tax year
shall compute his annual receipts upon the actual receipts
received by him during the preceding calendar year.
(b) Partial tax year.--Every person subject to the payment
of the tax imposed hereunder, who has commenced his business
subsequent to the beginning of any tax year, shall compute his
annual receipts for such tax year upon the actual receipts
received by him during the part of such tax year remaining.
(c) New businesses.--Every person subject to the payment of
the tax imposed hereunder, who has commenced his business less
than one full year prior to the beginning of any tax year, shall
compute his annual receipts for such tax year upon the actual
receipts received by him during his first 365 days in business.
(d) Seasonal businesses.--Every person subject to the
payment of the tax hereby imposed, who engages in a business,
temporary, seasonal or itinerant by its nature, shall compute
his annual receipts upon the actual receipts received by him
during such license year.]
(a) General rule.--Every period in which a person engages in
business shall be subject to the tax imposed under this act.
Every person subject to the payment of the tax imposed under
this act shall compute the person's taxable receipts using the
receipts received for the tax measurement year ending in the tax
year. Every person subject to the payment of the tax imposed
under this act shall compute the person's net income using the
net income for the tax measurement year ending in the tax year.
(b) Certain new business.--Every person engaging in business
who does not have a tax measurement year ending in the tax year
shall file a return stating that no tax is due for the tax year.
(c) Terminating businesses.--Every person that has
terminated the person's business during the tax year shall
compute its receipts and net income using the period which
begins on the beginning date of the tax measurement year ending
in the tax year and which ends on the date the business is
terminated.
(d) Changes in tax measurement year.--The collector shall
prescribe regulations to ensure that every person that changes
the person's tax measurement year, including a person that may
have multiple tax measurement years within a tax year, shall pay
the tax hereby imposed for all periods in business.
Section 7. Payment [at the time of filing the return].
[The person] A person engaging in business subject to the tax
shall pay an estimated tax payment at such time or times and in
such manner as provided by regulations promulgated by the
collector and upon making the return shall pay the amount of tax
shown as due to the collector less any estimated tax payments
paid for the tax year.
Section 3. Any payment made by a person subject to the tax
imposed under the act for the transition year that was received
by the collector prior to the enactment of this act shall be
treated by the collector as an estimated tax payment for the
transition year. If the city council of a city of the first
class enacts an ordinance implementing the provisions of this
act by November 30, 2002, then the transition year shall be tax
year 2002; otherwise, the transition year shall be tax year
2003.
Section 3.1. Any tax enacted pursuant to the former act of
June 27, 1986 (P.L.267, No.70), known as the Pennsylvania
Convention Center Authority Act, is specifically continued and
is not repealed or modified in any way by the repeal of that act
or the addition of 53 Pa.C.S. Ch. 59.
Section 4. This act shall apply as follows:
(1) Except as provided in paragraph (2), sections 1, 2
and 3 of this act and the rules set forth in those provisions
shall apply to tax years beginning after December 31, 2001.
(2) If the city council of a city of the first class
shall not have enacted an ordinance implementing the
provisions of sections 1, 2 and 3 of this act by November 30,
2002, this act and the rules set forth in those provisions
shall apply to tax years beginning after December 31, 2002.
Section 5. This act shall take effect immediately.
APPROVED--The 30th day of December, A. D. 2002.
MARK S. SCHWEIKER
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