Pennsylvania Act 1913-335 — INTANGIBLE PERSONAL PROPERTY TAX LAW

Act text

AN ACT

To provide revenue for State and county purposes, and, in cities coextensive with counties, for city and county purposes; imposing taxes upon certain classes of personal property; providing for the assessment and collection of the same; providing for the duties and compensation of prothonotaries and recorders in connection therewith; and modifying existing legislation which provided for raising revenue for State purposes.

Section 1. Be it enacted, &c., That all personal property of the classes hereinafter enumerated, owned, held or possessed by any resident, which, as used in this section, shall mean any person, persons, copartnership, or unincorporated association or company, resident, located, or liable to taxation within this Commonwealth, or by any joint-stock company or association, limited partnership, bank or corporation whatsoever, formed, erected or incorporated by, under, or in pursuance of any law of this Commonwealth or of the United States, or of any other state or government, and liable to taxation within this Commonwealth, whether such personal property be owned, held, or possessed by such resident in his, her, their, or its own right, or as active trustee, agent, attorney-in-fact, or in any other capacity, or by any resident as trustee, agent or attorney-in-fact, jointly with one or more trustees, agents or attorney-in-fact, domiciled in another state, where such personal property is held and managed in this Commonwealth, except as executor or administrator of the estate of a non-resident decedent, and except as trustee for a resident or non-resident religious, charitable or educational organization, no part of the net earnings of which inures to the benefit of any private stockholder or individual for the use, benefit, or advantage of any other person, copartnership, unincorporated association, company, joint-stock company or association, limited partnership, bank or corporation, and the equitable interest in any such personal property of the classes hereinafter enumerated, owned, held or possessed by any resident, where the legal title to such personal property is vested in a trustee, agent, or attorney-in-fact, domiciled in another state, or where the legal title to such personal property is vested in more than one trustee, agent or attorney-in-fact, one or more of whom are domiciled in another state, and one or more of whom are domiciled within this Commonwealth, and such personal property is held and managed in another state, and where such resident is entitled to receive all or any part of the income therefrom--is hereby made taxable annually for county purposes, and, in cities coextensive with counties, for city and county purposes, at a rate not to exceed four mills of each dollar of the value thereof, and no failure to assess or return the same shall discharge such owner or holder thereof, from liability therefor, that is to say,--

All mortgages; all moneys owing by solvent debtors, whether by promissory note, or penal or single bill, bond, or judgment; all articles of agreement and accounts bearing interest; all public loans whatsoever, except those issued by this Commonwealth or the United States, and except the public loans and obligations of any county, city, borough, town, township, school district, and incorporated district of this Commonwealth, and except the bonds and obligations of bodies corporate and politic of this Commonwealth, known as municipal authorities; all loans issued by any corporation, association, company, or limited partnership, created or formed under the laws of this Commonwealth or of the United States, or of any other state or government, including car-trust securities and loans secured by bonds or any other form of certificate or evidence of indebtedness, whether the interest be included in the principal of the obligation or payable by the terms thereof, except such loans as are made taxable for State purposes by section seventeen of the act, approved the twenty-second day of June, one thousand nine hundred thirty-five (Pamphlet Laws 414), as reenacted and amended; all shares of stock in any bank, corporation, association, company, or limited partnership, created or formed under the laws of this Commonwealth or of the United States, or of any other state or government, except shares of stock in any bank, bank and trust company, national banking association, savings institution, corporation, or limited partnership liable to a tax on its shares or a gross premiums tax, or liable to or relieved from the capital stock or franchise tax for State purposes under the laws of this Commonwealth; and all moneys loaned or invested in other states, territories, the District of Columbia, or foreign countries; all other moneyed capital owing to individual citizens of the State: Provided, That this section shall not apply to bank notes, or notes discounted or negotiated by any bank or banking institution, savings institution, or trust company, nor to loans, shares of stock, or other securities, held by bankers or brokers solely for trading purposes; nor to accounts or debit balances owing by customers of bankers or brokers in the usual courses of business; nor to interest bearing accounts in any bank or banking institution, savings institution, employes' thrift or savings association, whether operated by employes or the employer, or trust company; nor to personal property held in the commercial department and owned in its own right by a banking institution, savings institution, or trust company, in liquidation by a receiver, trustee, or other fiduciary, nor to personal property formerly held by a banking institution in its own right, but assigned by it to one or more trustees for liquidation and payment to the creditors and stockholders of such banking institutions, it being the intent and purpose of this proviso that no tax be assessed or collected for the years one thousand nine hundred and thirty-five, one thousand nine hundred and thirty-six, one thousand nine hundred and thirty-seven, one thousand nine hundred and thirty-eight, one thousand nine hundred and thirty-nine, one thousand nine hundred and forty, and thereafter upon the personal property enumerated herein, nor shall this act apply to the proceeds of any life insurance policy held in whole or in part by the insurer, nor the principal value of annuities nor to any personal property held in any trust, forming part of a stock, bonus, pension or profit sharing plan of an employer for the exclusive benefit of his employes, or their beneficiaries, which trust under the latest ruling of the Commissioner of Internal Revenue is exempted from Federal income tax, nor to any personal property held under the provisions of a plan established by or for an individual or individuals for retirement purposes if such plan meets the requirements for exemption from Federal income tax of income earned on investments held under its provisions, nor to any personal property that is held by an employe for retirement purposes under the provisions of a stock purchase plan established by the employer for the exclusive benefit of his or her employes: And provided further, That the provisions of this act shall not apply to building and loan associations, or to shares of stock issued by building and loan associations, or to savings institutions having no capital stock; and, if at any time, either now or hereafter, any persons, individuals, or bodies corporate have agreed or shall hereafter agree to issue his, their, or its securities, bonds or other evidences of indebtedness, clear of and free from the said tax, whose rate may not exceed four mills, herein provided for, or any part thereof, or have agreed or shall hereafter agree to pay the same, nothing herein contained shall be so construed as to relieve or exempt him, it, or them from paying the said tax, whose rate may not exceed four mills, on any of the said such securities, bonds, or other evidences of indebtedness, as may be held, owned by, or owing to the said savings institution having no capital stock: And provided further, That the provisions of this act shall not apply to fire companies, firemen's relief associations, life, casualty or fire insurance corporations having no capital stock, secret and beneficial societies, labor unions and labor union relief associations, and all beneficial organizations paying sick or death benefits, or either or both, from funds received from voluntary contributions or assessments upon members of such associations, societies, or unions: And provided further, That corporations, limited partnerships, and joint-stock associations, liable to tax on their shares or the aforesaid capital stock or franchise tax for State purposes, shall not be required to make any report or pay any further tax, under this section, on the mortgages, bonds, and other securities owned by them in their own right; but corporations, limited partnerships, and joint-stock associations, holding such securities as trustees, executors, administrators, guardians, or in any other manner, except as mere custodian for the real owner, and except as executor or administrator of the estate of a nonresident decedent, and except as trustee for a resident or nonresident religious, charitable or educational organization, no part of the net earnings of which inures to the benefit of any private stockholder or individual, shall return and pay the tax imposed by this section upon all securities so held by them as in the case of individuals: And provided further, That none of the classes of property made taxable by this section for county purposes, and, in cities coextensive with counties, for city and county purposes, shall be taxed or taxable for any other local purpose, under the laws of this Commonwealth: And provided further, That the provisions of this section shall not apply to personal property, of the class hereinabove enumerated, received or acquired with proceeds of money or property received from any person or persons, copartnership, or unincorporated association or company, nonresident in or not located within this Commonwealth, or from any joint-stock company or association, limited partnership, bank or corporation formed, erected, or incorporated by, under or in pursuance of, any law of the United States, or of any state or government other than this Commonwealth, by any person or persons, copartnership, unincorporated association, company, joint-stock company or association, limited partnership, bank, or corporation as active trustee, agent, attorney-in-fact, or in any other capacity, for the use, benefit, or advantage of any person or persons, copartnership, or unincorporated association or company, nonresident in or not located within this Commonwealth, or for the use, benefit or advantage of any joint-stock company or association, limited partnership, bank or corporation formed, erected, or incorporated by, under, or in pursuance of any law of the United States, or of any state or government other than this Commonwealth; nor shall the provisions of this section apply to personal property held for the use, benefit or advantage of any resident who shall have in each of the ten preceding calendar years given or contributed all of his net income to any corporation organized or operated exclusively for religious, charitable, scientific, literary, or educational purposes.

The value of the equitable interest in any personal property made subject to tax by this section shall be measured by ascertaining the value of the personal property in which such resident has the sole equitable interest, or in case of divided equitable interests in the same personal property, then by ascertaining such part of the value of the whole of such personal property as represents the equitable interest of such resident therein.

For the purposes of this act, the value of any taxable shares of stock issued by any regulated investment company as defined under the provisions of the Federal Internal Revenue Code of 1948, shall be that part of the current value of such shares, to be determined by multiplying said current value by a fraction, the numerator of which shall be the total value of so much of the personal property owned by the regulated investment company as would be taxable by this act if owned by a resident of Pennsylvania and the denominator of which shall be the total value of all of the personal property owned by the regulated investment company.

(1 amended Oct. 31, 1995, P.L.335, No.54)

Compiler's Note: Section 3 of Act 54 of 1995, which amended section 1, provided that Act 54 shall apply to the tax year beginning January 1, 1996, and each tax year thereafter.

Section 1.1. Notwithstanding any other provision of this law to the contrary, the county commissioners of each county of the second through eighth class, and the city council in cities and counties of the first class, shall have the power to determine whether or not to impose and collect the taxes permitted under the provisions of this law.

(1.1 added Apr. 18, 1978, P.L.56, No.26)

Section 2. That the board of revision of taxes or the commissioners of every county in this Commonwealth shall annually furnish the assessors of the several townships, boroughs, and cities of the respective counties, with blanks to be prepared by them; and it shall be the duty of each of said assessors to furnish a copy of the same to every taxable person, copartnership, unincorporated association, joint-stock association and company, limited partnership and corporation, in his respective ward, district, borough, or township, or to any officer, agent or employe found at the place of business of any such limited partnership or corporation in his ward, district, borough, or township; upon which blank each taxable person, copartnership, unincorporated association, company, limited partnership, joint-stock association, and corporation shall, respectively, make return annually of the aggregate amount of all the different classes of personal property made taxable by the first section of this act, held, owned, or possessed by said person, copartnership, unincorporated association, company, limited partnership, joint-stock association, or corporation, either in his, her, or its own right, or as trustee, agent, attorney-in-fact, or in any other capacity, for the use, benefit or advantage of any other person, persons, copartnership, unincorporated association, company, limited partnership, joint-stock association, or corporation; which return shall be made and certified to by such taxable person, and, in the case of copartnerships, unincorporated associations, and joint-stock associations and companies, by some member thereof, and, in the case of limited partnerships and corporations, by the president, chairman or treasurer thereof: Provided, That any corporation, joint-stock association, or limited partnership, doing business in more than one county, shall be liable to make such return only in the county in which its principal office within this Commonwealth is situated, except where two or more banks or banking institutions or trust companies shall have been consolidated; a report as to all trust funds taxable under this act held by any of the said individual companies prior to the consolidation shall be made and the tax paid in the county wherein such individual company was located prior to the consolidation. And except where any bank, banking institution or trust company has established a branch in a different county, a report shall be made of all trust funds, taxable under this act, held by the branch, or turned over to the main bank, banking institution or trust company, or acquired by reason of a trust created at the branch, and the tax paid in the county wherein the branch is located, and shall not be taxable in any other county: And provided further, That whenever any personal property taxable under the provisions of this act was owned by a decedent at the time of his death and is held by his executor or administrator, return of such personal property shall be made and the tax paid in the county wherein such decedent was domiciled at the time of his death, notwithstanding the residence or location of such executor or administrator or of any beneficiary, or the place where such securities are kept: And provided further, That whenever any personal property taxable under the provisions of this act is held, owned, or possessed as trustee, agent, attorney-in-fact, or in any other manner as hereinabove set forth, by two or more persons, copartnerships, unincorporated associations, companies, limited partnerships, joint-stock associations, or corporations, all of which are resident of the Commonwealth, but not all of which are domiciled in the same county, return of such personal property shall be made in each county of this Commonwealth where any of the same are domiciled, and there shall be paid in each such county that portion of the tax imposed upon such personal property so held, owned, or possessed, as the number of such trustees, agents, or attorneys-in-fact domiciled therein bears to the total number thereof, notwithstanding the residence of any beneficiary or the place where such personal property is kept.

(2 amended Aug. 21, 1953, P.L.1301, No.367)

Section 3. The certification of the return required to be made by the last preceding section shall set forth that the return is full, true, and correct to the best of his or her knowledge and belief; and any person or officer who shall wilfully and corruptly make a false and fraudulent return as aforesaid shall be guilty of a misdemeanor, and upon his or her conviction thereof shall be sentenced to pay a fine not exceeding five hundred dollars, or undergo an imprisonment not exceeding two years, or both.

(3 amended May 23, 1945, P.L.891, No.359)

Section 4. Any assessor who shall accept such return from any person or officer required to make the same, without it being certified, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be sentenced to a fine not exceeding one hundred dollars.

(4 amended May 23, 1945, P.L.891, No.359)

Section 4.1. (a) For the purpose of ascertaining the amount of tax payable under this act, every resident liable to pay such tax shall, each year, on or before such date as shall be fixed by the board for the revision of taxes or the county commissioners transmit to the board for the revision of taxes, or the county commissioners, upon a form prescribed, prepared and furnished by the board of revision of taxes, or the county commissioners, a return certified as provided in this act: (Par. amended Oct. 4, 1978, P.L.994, No.206)

(1) The aggregate actual value of each part of the different classes of property made taxable by this act, held, owned or possessed by such resident as of the date fixed annually, in the manner provided herein, either in his own right or as trustee, agent, attorney-in-fact or in any other capacity for the use, benefit or advantage of any other person, copartnership, unincorporated association, company, limited partnership, joint-stock association or corporation.

(2) Such other relevant information as may be required by the board of revision of taxes, or county commissioners, concerning each of the different classes of property enumerated in this act owned, held or in any manner possessed by such resident.

(b) The return so made shall be certified to, by the person making the same, if an individual; and in the case of copartnership, unincorporated association and joint-stock association and companies, by some member thereof; and in the case of limited partnerships and corporations, by the president, chairman or treasurer thereof.

(c) The tax imposed by this act shall be due and payable at the same time, and subject to the same conditions as to discounts, penalties and interest, as in the case of real property taxes imposed by the county for county purposes, and in cities coextensive with counties for city and county purposes.

(d) Any person who wilfully fails or refuses to file any return containing the information required by this act shall be guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine of not more than five hundred dollars ($500), or to undergo imprisonment for not more than six months, or both.

(4.1 added July 3, 1947, P.L.1249, No.513)

Section 4.2. The board of revision of taxes, or the county commissioners, shall fix a day as of which the property taxable by the first section of this act shall be listed and returned. The day so fixed shall be between the first and fifteenth days of the month of January, both inclusive, and the day so fixed shall be printed or stamped on the forms for making returns of all such property. If through inadvertence, mistake, or otherwise, the board of revision of taxes, or the county commissioners, fail to designate or fix such date, or if such date does not appear on the form for making return of such property, the date as of which such property shall be listed and returned shall be the immediately preceding first day of January.

(4.2 added July 3, 1947, P.L.1249, No.513)

Section 5. (a) If any taxable resident shall fail to file a return, or fail to include in any return all of his property made taxable by this act, or shall file a return which is false, incomplete, incorrect or inaccurate, the board of revision of taxes, or the county commissioners, shall make an assessment of the tax against such resident of the amount of tax for which such resident is liable, or for which he is believed by the board of revision, or county commissioners, to be liable, to which estimated return the board of revision of taxes, or county commissioners, shall add twelve per cent, and the aggregate amount so obtained shall be the basis for taxation. If any taxable resident of a county of the second class or second class A shall file a return at a time later than the last day for filing such return as fixed by law of the year in which he is liable to pay the tax imposed by this act, the board of property assessment appeals and review of such county of the second class or the board of assessment appeals of such county of the second class A shall add five per cent to the assessment of the tax, and the aggregate amount so obtained shall be the basis for assessment.

(b) The board of revision, or the proper county commissioners, shall notify by mail such resident of the estimated assessment. If such resident is dissatisfied with the assessment so made, he may, on or before the day fixed for appeals from assessments, present reasons, supported by oath or affirmation, for his failure to file a return to include all of his taxable property therein; or for having made a return which was incomplete, incorrect or inaccurate, and the board of revision of taxes, or the county commissioners, as the case may be, may, if satisfied with the excuse so presented, permit the taxpayer to file his own return and substitute said return for the estimated return made by the board of revision of taxes or the county commissioners. In all cases where a false return has been filed by the taxpayer, the board of revision of taxes or the county commissioners, may not relieve the taxpayer from the payment of the twelve per cent penalty, but the estimated return shall be final, except in those cases in which a true and correct return shall reveal a higher assessed value than that contained in the estimated return, in which case the tax and penalty shall be based upon the true valuation.

(c) An assessment, as herein provided, may be made by the board of revision of taxes, or the county commissioners, at any time within five years after any property owned, held or possessed, or alleged to have been so owned, held or possessed, by any resident should have been returned by him for taxation, notwithstanding he shall have paid a tax assessed on the basis of returns previously made or filed, and notwithstanding the board of revision of taxes, or the county commissioners, shall have made previous assessments against such resident. In any such case no credit shall be given for any penalty formerly assessed and paid.

(5 amended May 4, 1990, P.L.162, No.37)

Section 5.1. (a) Any resident, against whom an assessment is made, may petition the board of revision of taxes, or the county commissioners, for a reassessment. Notice of an intention to file such a petition, or to appear and be heard, shall be given to the board of revision of taxes, or the county commissioners, within thirty (30) days after notice of such assessment is given or sent by the board of revision of taxes, or the county commissioners, to the taxpayers, as provided in this act. The board of revision of taxes, or the county commissioners, shall hold such hearings, as may be necessary, to hear and determine petitions for reassessment, at such places and at such times as may be determined by the rules and regulations of the board of revision of taxes, or the county commissioners, and each petitioner who has duly notified the board of revision, or the county commissioners, of an intention to file a petition for reassessment, or to appear and be heard, shall be notified by the board of revision of taxes, or the county commissioners, of the time when and the place where such hearings shall be held. All such petitions shall set forth specifically and in detail the ground, upon which it is claimed, the assessment is erroneous or unlawful, and shall be accompanied by an affidavit, under oath or affirmation, certifying to the correctness of the facts stated therein. If no petition for reassessment is filed with the board of revision of taxes, or the county commissioners, the petitioner may, in lieu thereof, appear at the hearing and present his petition orally, in which event all testimony or statements of facts shall be made under oath or affirmation.

(b) If such petitioner is dissatisfied with the action of the board of revision of taxes, or the county commissioners, on his petition for reassessment, he shall have the right to appeal to the court of common pleas of the county where he resides at any time within sixty (60) days after notice of such action is given to him by the board of revision of taxes, or the county commissioners. If any resident shall fail to give due notice of an intention to petition for reassessment and to file a petition for reassessment, or to appear and be heard after due notice of his intention to do so, or to appeal to the court of common pleas within the time and in the manner herein set forth, the right to do so shall be forever barred, and any such resident, so failing, shall not thereafter be permitted in a suit for the recovery of such tax to set up any ground of defense which might have been determined, either by the board of revision of taxes, or county commissioners, or the court of common pleas as aforesaid. In all cases of petitions for reassessment and appeals, the burden of proof shall be on the petitioner or appellant, as the case may be, and every appeal to the court of common pleas under this section shall specify all the objections to the assessment, and any objection not specified in the appeal shall not be considered by the court: Provided, That in counties of the second class where the amount of taxes for one year which may be levied on such assessment does not exceed the sum of twenty-five hundred dollars ($2500), such appeal shall be taken to the County Court of Allegheny County, and it shall be the duty of said court to hear and determine said appeal and, if necessary, to make such changes in the assessment as may be right and proper. ((b) amended Dec. 13, 1955, P.L.836, No.243)

(5.1 added July 3, 1947, P.L.1249, No.513)

Section 5.2. The executor of every will and the administrator of every estate shall file with the register of wills or clerk of the orphan's court an additional copy of the inventory and appraisal of such estate. The register or clerk with whom the same is filed shall forthwith send a copy of said inventory and appraisal to the board of revision of taxes, or the county commissioners, as the case may be, whose duty it shall then be to proceed to assess and collect the taxes due from such decedent. Such assessment shall include and be limited to all property owned, held or possessed by the decedent, which should have been returned by him for taxation for any former year or years not exceeding five years prior to the year in which the decedent died. In any case where a false, incomplete, incorrect or inaccurate return has been previously filed, the board of revision, or the county commissioners, shall make an additional assessment for the five years immediately preceding the year of assessment in the same manner and form provided in this act. The board of revision of taxes, or the county commissioners, may proceed to collect the said tax by presenting a claim therefor to the orphans' court of the proper county, or may proceed by action or suit at law in any court of competent jurisdiction, or take any and all other appropriate steps or procedure for the collection of such taxes.

(5.2 amended Apr. 28, 1961, P.L.128, No.59)

Section 5.3. (a) The board of revision of taxes, or the county commissioners, are hereby authorized and empowered to prescribe, adopt, promulgate and enforce rules and regulations relating to any matter, or thing, pertaining to the administration and enforcement of the provisions of this act and the collection of tax, penalties and interest imposed by this act.

(b) The board of revision of taxes, or the county commissioners, or any employe authorized by them in writing, is hereby authorized to examine the books, papers and records of any resident in order to verify the accuracy of any return made, or if no return was made to ascertain and assess the tax imposed by this act. Every such resident is hereby directed and required to give to the board of revision of taxes, or the county commissioners, or their duly authorized employes, the means, facilities and opportunity for such examinations and investigations as are hereby provided and authorized. The board of revision of taxes, or the county commissioners, are hereby authorized to examine any person, under oath, concerning any property which was or should have been returned for taxation, and to this end, may compel the production of books, papers and records and the attendance of all persons, whether as parties or witnesses, who they believe have knowledge of such property. In the event of the refusal of any taxpayer to permit the examination of his books and records, or upon his refusal to appear before the board of revision of taxes, or the county commissioners, or to testify, or in the event of his refusal to produce books, papers and records, which the board of revision of taxes, or the county commissioners, have directed to be produced, the board of revision of taxes, or the county commissioners, may have recourse to the court of common pleas of said county, which court shall, upon cause shown, direct the attendance of witnesses and the production of books, papers and records. Any information gained by the board of revision of taxes, or the county commissioners, as a result of any returns, investigations, hearings or verifications, required or authorized by this act, shall be confidential, except for official purposes, and any person or agent divulging such information shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be sentenced to pay a fine not in excess of five hundred dollars ($500), or to undergo imprisonment for not more than three (3) years, or both, in the discretion of the court.

(c) The powers, conferred by this act upon the board of revision of taxes and the county commissioners relating to the administration and enforcement of this act, shall be in addition to, but not exclusive of, any other powers heretofore or hereafter conferred upon the said board, or county commissioners, by law.

(5.3 added July 3, 1947, P.L.1249, No.513)

Section 6. That if any assessor and any taxable person or members of any copartnership, unincorporated association, or company, officer or stockholder or member of any limited partnership, joint-stock association, or corporation, shall agree or enter into any arrangement or understanding that, upon the failure of such taxable person, copartnership, unincorporated association, company, limited partnership, joint-stock association or corporation, to make the return required by the second section of this act to be made, such assessor shall return a less amount of property made taxable by the first section of this act than should have been returned by such taxable person, copartnership, unincorporated association, company, limited partnership, joint-stock association, or corporation, the persons entering into such agreement, arrangement, or understanding, shall be guilty of conspiracy, and upon the conviction thereof shall be sentenced to pay a fine not exceeding one thousand dollars, and undergo an imprisonment either at labor by separate or solitary confinement or to simple imprisonment, not exceeding three years, at the discretion of the court.

Section 7. That from and after the passage of this act, it shall be the duty of the recorder of deeds, mortgages, and other instruments of writing, in each and every county in this Commonwealth, to keep a daily record, separate and apart from all other records, of every mortgage or article of agreement given to secure the payment of money entered in his office for recording, which said record shall set forth the following information, to wit: The date of the mortgage or agreement, the names of the parties thereto, the just sum of money secured, the precise residence of the mortgagee or person to whom interest is payable, a brief description of the real estate upon which such mortgage is secured, and the date or several dates when the said sum or portion of the said sum shall become due and payable; and a like daily record of every assignment of a mortgage or an article of agreement given to secure the payment of money, and also the number of mortgages and agreements, together with the amount of same, and the names of the parties thereto, which shall have been that day satisfied of record; and, for the purpose of obtaining with accuracy the precise residence of all mortgagees, assignees, and persons to whom interest is payable on articles of agreement, it shall be the duty of the recorder of deeds in each county, whenever a mortgage, assignment, or agreement given to secure the payment of money shall be presented to him for record, to refuse the same unless the said mortgage, assignment or agreement has attached thereto, and made part of said mortgage, assignment, or agreement, a certificate signed by said mortgagee, assignee, or person entitled to interest, or his, her or their duly authorized attorney or agent, setting forth the precise residence of such mortgagee, assignee, or person entitled to interest; said certificate to be recorded with said mortgage, assignment, or agreement; and it shall be the further duty of the recorder, on the first Monday of each month to file the aforesaid daily record in the commissioners' office, or with the board of revision of taxes of the proper county or city, and one certificate appended thereto shall be all that shall be required.

Section 8. That it shall be the duty of the prothonotary or clerk of the court of common pleas in each and every county in this Commonwealth, forthwith upon the passage of this act, to keep a daily record, separate and apart from all other records, of every single bill, bond, judgment, or other instrument securing a debt, entered of record in his office, which daily record shall set forth the following information, to wit: The date of the instrument, the names of the plaintiff and defendant, together with the precise residence of the plaintiff or person to whose use such bill, bond, judgment, or other obligation to pay money is marked, whenever such residence can be ascertained, the just sum secured, and the date or several dates when the said sum or portion of the same shall become due and payable, with the further information whether any of said bonds or judgments are accompanied with mortgages, and also the number of every single bill, bond, judgment or other instrument securing a debt, together with the amount of same, and the names of the plaintiff and defendant thereto, which shall have been that day satisfied; and it shall be the further duty of the prothonotary or clerk of the court of common pleas to file the aforesaid daily record of bills and so forth in the commissioners' office or with the board of revision of taxes of the proper county or city, on the first Monday of each month, and one certificate appended thereto shall be all that shall be required.

Section 9. That it shall be the further duty of the county commissioners or board of revision of taxes, upon obtaining record of the existence within any county, or city coextensive with a county, of said mortgages and other obligations, that shall be owned by a person, copartnership, association, limited partnership, joint-stock association, or corporation, resident or doing business within this Commonwealth, and not a resident of said county or city, or, in the case of a corporation, limited partnership, or company not having its principal office within said county or city, to transmit a certified statement of said record to the county commissioners or board of revision of taxes of the proper county or city wherein said person is domiciled, or wherein said copartnership, association, limited partnership, joint-stock association or corporation does business or maintains its principal office, and also to further transmit to said commissioners or board of revision of taxes a certified statement, whenever it shall appear from the record that said mortgages and other obligations are satisfied, which upon its receipt shall be filed of record by the county commissioners or board of revision of taxes.

Section 10. That it shall be the further duty of the county commissioners or the board of revision of taxes of the proper county or city, upon the receipt of the daily records from the offices of the recorder or prothonotary or clerk, to file the same in their office, and on or before the time of making the annual or triennial assessment in any year, to prepare from the said records a statement or statements, showing as far as practicable the number and amount of said mortgages and all other obligations, and names of the parties thereto in each borough, township, district, or ward in such county or city, which said statement shall be delivered to the assessor or assessors of each borough, township, district, or ward, respectively, before said officers shall enter upon the discharge of their proper duties.

Section 11. That it shall be the duty of the assessor or assessors, in making up their valuations of money at interest in their respective boroughs, townships, districts, or wards, to compare the return made by each person, copartnership, association, limited partnership, joint-stock association, or corporation with the statement furnished them by the county commissioners or board of revision of taxes; and if the amount of said mortgages or other obligations, as contained in said statement, shall exceed the amount set forth in the return of any person, copartnership, association, limited partnership, joint-stock association, or corporation, to note the fact and make return of the same to the commissioners or board of revision of taxes of the proper county or city.

Section 12. That it shall be the further duty of the county commissioners or board of revision of taxes, upon the returns made to them by the assessors of the several boroughs, townships, districts, and wards, in all cases where it shall appear on proving the record that any person, copartnership, association, limited partnership, joint-stock association, or corporation has returned a less amount of money at interest than appears from the records in possession of the commissioners or board of revision of taxes, thereupon to raise the valuation of the property of said person, copartnership, association, or limited partnership, joint-stock association or corporation, to the amount set forth in said records, and forthwith to notify the persons, copartnerships, associations, limited partnerships, joint-stock associations, or corporations interested, of the said increase of valuation, and that the same is subject to be appealed from at the same time and the same manner as the original assessment.

Section 13. That any wilful failure on the part of the county commissioners, board of revision of taxes; borough, township, district, and ward assessors; recorders of deeds, prothonotaries, and clerks of courts, to carry out the duties imposed upon them by the several sections of this act, shall be deemed a misdemeanor, and upon conviction thereof the person or persons so failing to comply shall be sentenced to a fine not exceeding five hundred dollars, and imprisonment not exceeding one year.

Section 14. That recorders of deeds and prothonotaries shall be entitled to receive ten cents for each and every mortgage, judgment, or lien, assignment or satisfaction thereof, reported to the county commissioners or board of revision of taxes as required by law; which fees shall be paid by the respective county treasurer on the presentation of proper vouchers, and shall be applied in like manner as other fees received by such recorders and prothonotaries: Provided, however, That no fee shall be allowed in any case where the residence of any plaintiff, mortgagee, or assignee is omitted in such report: And provided further, That the amount allowed any prothonotary or recorder of deeds, under this act, shall not exceed the sum of six hundred dollars per annum.

Section 15. That it shall be unlawful for any person or persons, copartnership, unincorporated association, limited partnership, joint-stock association, or corporation whatsoever, in loaning money at interest to any person or persons, whether such loans be secured by bond and mortgage or otherwise, to require the person or persons borrowing the same to pay the tax imposed thereon by the first section of this act; and, in all cases where such tax shall have been paid by the borrower or borrowers, the same shall be deemed and considered usury, and be subject to the laws governing the same.

Section 16. (a) The tax imposed by this act shall bear interest at the rate of six per cent per annum until paid.

(b) The board of revision of taxes, or the county commissioners, may, at any time, transmit to the prothonotary of their respective counties, certified record of taxes imposed under this act and the penalties and interest thereon. The record, so transmitted, shall contain the name of the taxpayer, his address, amount of tax, penalty and interest due, and the year for which said tax has been assessed and levied, and it shall be the duty of the prothonotary to enter and docket the same of record in the prothonotary's office in a docket which shall be designated "Personal Property Tax Lien Docket," and such tax lien shall be indexed as judgments are now indexed. All taxes imposed under this act, together with penalties and interest thereon, shall be a lien on the real estate of the taxpayer within the county, until paid, after the same shall have been entered and docketed of record by the prothonotary. All such liens shall have priority to, and be fully paid and satisfied out of, the proceeds of any judicial sale of said real estate before any other obligation, judgment, claim, lien or estate with which the said real estate may become charged, or for which it may become liable, save and except only the costs of the sale and of the writ upon which it is made and the real estate taxes imposed or assessed upon said property. The lien of said tax shall continue for a period of five years from the date of entry, and may be revived and continued in the manner now or hereafter provided for revival of judgment, and it shall be lawful for a writ of scire facias to issue and be prosecuted to judgment in the manner in which such writs are now ordinarily employed.

(c) Claims for taxes due under this act may be collected by action in assumpsit brought by the county against the taxpayer, or may be presented at the audit of any estate in the orphans' court. Such claims presented at the audit of any estate in the orphans' court shall include the satisfaction fees for any tax imposed pursuant to this act which has been entered and docketed in the "Personal Property Tax Lien Docket," and upon payment of the claim, the docket shall be cleared. ((c) amended Oct. 9, 1967, P.L.368, No.164)

(d) The lien of said tax may, in addition to the revival thereof in the manner provided in section sixteen (b) of the act, be revived and continued by the filing of a suggestion of non-payment and averment of default, in the form hereinafter provided, within each period of five years following--

(1) The date on which the lien was entered and docketed.

(2) The date on which a writ of scire facias was issued thereon.

(3) The date on which any judgment was entered thereon.

(4) The date on which a previous suggestion of non-payment and averment of default was filed.

(5) The date on which a judgment of revival was obtained thereon.

The suggestion and averment shall be in the following form, under the caption of the claim:

"And now, ..................................., the claimant, by............................................., its solicitor, or by the chief of its delinquent tax bureau, suggests of record that the above claim is still due and owing to the claimant, and avers the defendant is still in default for non-payment thereof. The prothonotary is hereby directed to enter this suggestion and averment on the personal property tax lien docket and also index it upon the judgment index of the court for the purpose of continuing the lien of the claim."

Such suggestion and averment shall be signed by, or have stamped thereon, a facsimile signature of the solicitor or chief executive officer of the claimant, or the chief of its delinquent tax bureau. The prothonotary shall docket and index the suggestion and averment directed therein, and for such services shall be entitled to a fee of one dollar ($1.00), to be taxed and collected as costs in the claim. The filing and indexing of such suggestion and averment within five (5) years of filing the claim, or the issuing of any writ of scire facias thereon, or any judgment thereon, or the filing of any prior suggestion and averment of default, shall have the same force and effect, for the purpose of continuing and preserving the lien of the claim, as though a writ of scire facias had been issued or a judgment or judgment of revival had been obtained within such period.

((d) added Aug. 19, 1953, P.L.1157, No.317)

(e) The provisions of this section shall apply to all taxes covered by the provisions of this act heretofore levied and remaining uncollected as well as to all such taxes hereafter levied. ((e) added Dec. 13, 1955, P.L.836, No.242)

(16 amended July 3, 1947, P.L.1249, No.513)

Section 16.1. (16.1 repealed Oct. 31, 1995, P.L.335, No.54)

Section 17. (17 repealed May 18, 1937, P.L.633, No.171)

Section 18. (18 repealed May 18, 1937, P.L.633, No.171)

Section 19. That (1) the act, entitled "An act fixing the compensation of prothonotaries and recorders for duties imposed upon them by law in certifying to the county commissioners and board of revision of taxes judgments, mortgages, et cetera, and assignments and satisfactions thereof, and providing for the payment of the same," approved May twenty-four, one thousand eight hundred and eighty-seven; (2) sections one, two, three, four, five, six, seven, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, sixteen, seventeen, and eighteen of an act, entitled "A further supplement to an act, entitled 'An act to provide revenue by taxation,' approved the seventh day of June, Anno Domini one thousand eight hundred and seventy-nine," approved June one, one thousand eight hundred and eighty-nine; (3) sections one, two, and three of an act, entitled "An act to provide increased revenues for the purpose of relieving the burdens of local taxation, being supplementary to an act, entitled 'An act to provide revenue by taxation,' approved the seventh day of June, Anno Domini one thousand eight hundred and seventy-nine, amending the first, fourteenth, sixteenth, twentieth, twenty-first, twenty-fifth, and twenty-sixth sections of an act supplementary thereto, which became a law on the first day of June, Anno Domini one thousand eight hundred and eighty-nine, entitled 'A further supplement to an act, entitled 'An act to provide revenue by taxation,' approved the seventh day of June, Anno Domini one thousand eight hundred and seventy-nine,' and providing for greater uniformity of taxation, by taxing all of the property of corporations, limited partnerships, and joint-stock associations, having capital stock, at the rate of five mills on each dollar of its actual value," approved June eighth one thousand eight hundred and ninety-one; (4) the act, entitled "An act amending the fifth, seventh and eighth sections of a further supplement to an act, entitled 'An act to provide revenue by taxation,' approved the seventh day of June, Anno Domini one thousand eight hundred and seventy-nine, which further supplement was approved on the first day of June, one thousand eight hundred and eighty-nine; authorizing and requiring the Auditor General of the Commonwealth to make a return for personal property taxes for defaulting persons, copartnerships, unincorporated associations, limited partnerships, joint-stock associations, or corporations, wherein there has been a failure or refusal of the aforesaid to make returns properly verified, and upon the failure or refusal of the assessors and board of revision of taxes or county commissioners to make a proper return for said personal property taxes, also authorizing and requiring the Auditor General of the Commonwealth to collect the taxes in accordance with the returns made by him, and requiring the recorder of deeds and prothonotaries of the various counties to file daily records in the Auditor General's office, as they are required to file in the commissioners' office or with the board of revision of taxes; also requiring the county commissioners or board of revision of taxes to file with the Auditor General copies of all returns made for personal property taxes, and requiring the record of the county commissioners or board of revision of taxes to be opened to the inspection and use of the Auditor General," approved April seventeenth, Anno Domini nineteen hundred and five; (5) the act, entitled "An act to amend the first section of an act, entitled 'A further supplement to an act, entitled 'An act to provide revenue by taxation,' approved the seventh day of June, Anno Domini one thousand eight hundred and seventy-nine,' approved the first day of June, one thousand eight hundred and eighty-nine, as amended by an act approved the eighth day of June, Anno Domini one thousand eight hundred and ninety-one, entitled 'An act to provide increased revenues for the purpose of relieving the burdens of local taxation, being supplementary to an act, entitled 'An act to provide revenue by taxation,' approved the seventh day of June, Anno Domini one thousand eight hundred and seventy-nine, amending the first, fourteenth, sixteenth, twentieth, twenty-first, twenty-fifth, and twenty-sixth sections of an act supplementary thereto, which became a law on the first day of June, Anno Domini one thousand eight hundred and eighty-nine, entitled 'A further supplement to an act, entitled 'An act to provide revenue by taxation,' approved the seventh day of June, Anno Domini one thousand eight hundred and seventy-nine; and providing for greater uniformity of taxation, by taxing all the property of corporations, limited partnerships, and joint-stock associations, having capital stock, at the rate of five mills on each dollar of its actual value, by relieving and exempting from the provisions thereof savings institutions having no capital stock," approved the first day of May, Anno Domini one thousand nine hundred and nine; (6) the act, entitled "An act amending and supplementing section one of an act, entitled, 'An act to provide revenue by taxation,' approved the seventh day of June, Anno Domini one thousand eight hundred and seventy-nine, as the same was amended by the enactment of 'A further supplement to an act, entitled 'An act to provide revenue by taxation,' approved the seventh day of June, Anno Domini one thousand eight hundred and seventy-nine,' approved the first day of June, Anno Domini one thousand eight hundred and eighty-nine, as further amended and supplemented by 'An act to provide increased revenues for the purpose of relieving the burdens of local taxation, being supplementary to an act, entitled 'An act to provide revenue by taxation,' approved the seventh day of June, Anno Domini one thousand eight hundred and seventy-nine, amending the first, fourteenth, sixteenth, twentieth, twenty-first, twenty-fifth, and twenty-sixth sections of an act supplementary thereto, which became a law on the first day of June, Anno Domini one thousand eight hundred and eighty-nine, entitled 'A further supplement to an act, entitled 'An act to provide revenue by taxation,' approved the seventh day of June, Anno Domini one thousand eight hundred and seventy-nine,' and providing for greater uniformity of taxation, by taxing all of the property of corporations, limited partnerships, and joint-stock association, having capital stock, at the rate of five mills on each dollar of its actual value,' approved the eighth day of June, Anno Domini one thousand eight hundred and ninety-one," approved the eleventh day of May, Anno Domini one thousand nine hundred and eleven; and all other sections and parts of the said acts which are inconsistent herewith, or which are hereby substantially re-enacted,--be and the same are hereby, repealed; saving, reserving and excepting unto parts of acts inconsistent herewith, or which are hereby substantially re-enacted,--be, and the same are hereby, repealed; saving, reserving and excepting unto the Commonwealth the right to collect any tax, taxes, interest, penalty or penalties, due or owing or accrued under the said acts or parts of acts, or any of them, prior to the date when this act goes into effect; and further saving, reserving, and excepting unto the Commonwealth the right to assess and collect all taxes in and for the year one thousand nine hundred and thirteen under existing legislation.