Pennsylvania Act 1947-319 — RELATING TO TAX: IMPOSING TAX ON CERTAIN CLASSES OF PERSONAL PROPERTY

Act text

RELATING TO TAX: IMPOSING TAX ON CERTAIN CLASSES OF PERSONAL PROPERTY
                 Act of Jun. 20, 1947, P.L. 733, No. 319              Cl. 72
               (Act amended May 12, 1949, P.L.1246, No.375)

                                  AN ACT

     To provide revenue in school districts of the first class A by
        imposing a temporary tax upon certain classes of personal
        property; providing for its levy and collection; conferring
        and imposing powers and duties on the county assessing
        authority, board of revision of taxes, receiver of school
        taxes, school treasurer, board of public education in such
        districts and courts; providing for compensation to certain
        officers, and employes and imposing penalties. (Title amended
        May 29, 1951, P.L.441, No.106)

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Definitions.--The following words, terms and
     phrases when used in this act, shall have the meanings ascribed
     to them in this section, except where the context clearly
     indicates a different meaning.
        "Resident."  A person, copartnership or unincorporated
     association or company, resident, located or liable to taxation
     within a school district of the first class A levying a tax
     under the provisions of this act, or a joint-stock company or
     association, limited partnership, bank or corporation formed,
     created 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 a school district
     of the first class A levying a tax under this act.
        "Board."  The board of revision of taxes or other county
     assessing authorities of any county in which a school district
     of the first class A is located.
        (1 amended May 29, 1951, P.L.441, No.106)
        Section 2.  Tax on Mortgages, Judgments, etc.; Imposition and
     Rate of Tax; Exceptions.--All personal property of the classes
     hereinafter enumerated, owned, held, or possessed by any
     resident, 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; or within this Commonwealth,
     but outside the school district levying the tax, where such
     personal property is held and managed in such school district of
     the first class A, 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 individuals 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 within this Commonwealth, but outside the
     school district levying the tax; 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, or within this Commonwealth, but outside the
     school district levying the tax, and one or more of whom are
     domiciled within such school district, such personal property is
     held and managed in another state, or within this Commonwealth
     but outside the school district levying the tax, and where such
     resident is entitled to receive all or part of the income
     therefrom, is hereby made taxable annually for the year one
     thousand nine hundred forty-eight, and annually thereafter for
     public school purposes in school districts of the first class A,
     and shall be levied upon annually by the board of public
     education in every such school district at the rate of not less
     than one (1) nor more than four (4) mills on 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 17 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 school district levying the tax:
     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, nor shall this act apply to the
     proceeds of any life insurance policy held in whole or 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:
     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 tax 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 tax on any
     of 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 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 the provisions of this section shall not apply to
     personal property of the classes 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
     such school district, 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, such school district, 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.
        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 in effect during the year for
     which the tax return is filed, shall be that part of the current
     value of said 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.
        (2 amended July 25, 1963, P.L.285, No.155)
        Section 3.  Returns of Tax.--(a)  For the purpose of
     ascertaining the amount of tax payable under this act, it shall
     be the duty of every resident liable to pay such tax on or
     before the fifteenth day of February of each year to transmit to
     the board, upon a form prescribed, prepared and furnished by the
     board, a return certified by him as full, true and correct to
     the best of his knowledge and belief and setting forth:
        (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 listing 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 concerning each of the different classes of property
     enumerated in section two of this act, owned, held, or in any
     manner possessed by such resident.
        The failure of any taxable resident to receive or procure a
     return form shall not excuse him from making a return.
        (b)  The return so made shall be certified to by the person
     making the same if an individual, 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.
        (c)  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, if
     such decedent was domiciled at the time of his death in a school
     district of the first class A, notwithstanding the residence or
     location of such executor or administrator or of any
     beneficiary, or the place where such securities are kept. ((c)
     amended May 29, 1951, P.L.441, No.106)
        (d)  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 residents of the
     Commonwealth, but not all of which are domiciled in the same
     school district levying this tax, return of such personal
     property shall be made in a school district of the first class A
     where any of the same are domiciled, and there shall be paid in
     each such school district 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. ((d) amended May 29, 1951, P.L.441, No.106)
        Section 4.  Listing Date.--The board shall on or before the
     fifteenth day of January, one thousand nine hundred forty-eight,
     and annually thereafter, fix a day as of which the property made
     taxable by this act shall be listed and returned. The day so
     fixed shall be between the first and the 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 fails 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.
        Section 5.  Payment of the Tax.--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 personal property taxes due and payable to the
     county in which the school district of the first class A levying
     the tax is located.
        (5 amended May 29, 1951, P.L.441, No.106)
        Section 6.  Collection and Use of Tax; Compensation of
     Collector.--All taxes, penalties and fines imposed under the
     provisions of this act shall be paid to, and collected by, the
     receiver of school taxes, or in school districts in which there
     is no receiver of school taxes by the school treasurer. Such
     monies shall be collected by such collecting officials in the
     same manner as the personal property taxes for county purposes,
     or in cities coextensive with counties for city and county
     purposes, are collected. There shall be paid to the school
     treasurer for the services rendered by him in collecting the tax
     an amount to be mutually agreed upon between the school
     treasurer and the board of public education.
        Section 7.  Assesment by the Board; Notice.--(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 shall make an assessment of tax against
     such resident of the amount of the tax for which such resident
     is liable, or for which he is believed by the board to be
     liable, to which estimated return the board shall add twelve per
     cent (12%) and the aggregate amount so obtained shall be the
     basis for taxation.
        (b)  The board 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 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. In all cases where a false return has
     been filed by the taxpayer, the board may not relieve the
     taxpayer from the payment of the twelve per cent (12%) 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.
        Section 8.  Assessments Made at Any Time Within Five Years.--
     An assessment as herein provided may be made by the board at any
     time within five (5) 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 shall have made previous assessments against such
     resident. In any such case no credit shall be given for any
     penalty formerly assessed and paid. Any assessment of a tax on
     personal property of a decedent shall include 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 (5) years prior to the year in which the decedent
     died.
        (8 amended June 14, 1961, P.L.369, No.202)
        Section 9.  Petition for Reassessment; Appeal.--(a)  Any
     resident, against whom an assessment is made, may petition the
     board for a reassessment. Notice of an intention to file such a
     petition and to appear and be heard shall be given to the board
     within thirty (30) days after notice of such assessment is given
     or sent by the board to the taxpayer as provided in this act.
     The board 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 rules and regulations of the
     board, and each petitioner who has duly notified the board of an
     intention to file a petition for reassessment or to appear and
     be heard shall be notified by the board of the time when, and
     the place where, such hearings shall be held. All such petitions
     shall set forth specifically and in detail the grounds 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, 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 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. 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, or the court of common pleas. 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.
        Section 10.  Information at Source; Reports.--The executor of
     every will and the administrator of every estate, at the time of
     filing with the register of wills or clerk of the orphans' court
     the inventory and appraisal of such estate, shall file with such
     register of wills or clerk of the orphans' court a statement in
     duplicate, under oath or affirmation, setting forth the items
     included in such inventory and appraisal, which may be liable to
     the tax imposed by this act. The register or clerk with whom the
     same is filed shall forthwith send one copy thereof to the
     board. It shall be the duty of the board to proceed at once to
     assess the tax due from such decedent with interest, as provided
     in this act. Such assessment shall include 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 (5) years. In any case where a false, incomplete,
     incorrect, or inaccurate return has been previously filed, the
     board shall make an additional assessment for the five (5) years
     immediately preceding the year of assessment in the same manner
     as otherwise provided in this act. The school district levying
     the tax 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.
        Section 11.  Examination of Books and Witnesses; Rules and
     Regulations.--(a)  The board, or any employe authorized in
     writing by it, 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 or its duly
     authorized employes the means, facilities and opportunity for
     such examinations and investigations as are hereby provided and
     authorized. The board is 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, whom it believes
     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, or to testify,
     or in the event of his refusal to produce books, papers and
     records which the board has directed to be produced, the board
     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 such books, papers and records.
        (b)  The board is hereby authorized and empowered to
     prescribed, 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 the taxes, penalties and interest imposed by this act.
        (c)  The powers conferred by this act, upon the board
     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 by law.
        Section 12.  Compensation; Employes.--(a)  The members of the
     board and the receiver of school taxes, and such of the
     assistants and employes thereof, as the board and the receiver
     of school taxes shall respectively designate, shall be paid by
     the school district for their services in the administration and
     enforcement of this act, such compensation as the board of
     public education shall fix, which said compensation shall be in
     addition to any other salary or compensation each, now or
     hereafter, may be entitled to receive for any other duties
     performed or to be performed by him.
        (b)  Upon the respective recommendations of the board and the
     receiver of school taxes, the board of public education shall
     appoint and fix the salaries, which shall be paid by the school
     district, of such other assistants and employes as the board and
     receiver of school taxes may respectively require to assist the
     board and the receiver of school taxes in the administration and
     enforcement of this act.
        Section 13.  Certified Statement to Board of Public Education
     and Collecting Officers.--For the purpose of enabling the board
     of public education to levy the taxes imposed by this act, for
     one thousand nine hundred forty-eight, and for every year
     thereafter, it shall be the duty of the board to furnish
     annually, at the same time as it furnishes the valuation of real
     property to the boards of public education in school districts
     of the first class A, and to the receiver of school taxes, or in
     school districts in which there is no receiver of school taxes
     to the school treasurer, an estimate of the total valuation of
     all personal property taxable for school purposes.
        (13 amended May 29, 1951, P.L.441, No.106)
        Section 14.  Interest; Tax Liens and Claims.--(a)  The tax
     imposed by this act shall bear interest at the rate of six per
     cent per annum or at a per annum rate which does not exceed the
     Federal Reserve Discount Rate in effect for Federal Reserve
     District Four on December 1 of the preceding tax year, whichever
     is greater, until paid. A school district shall, on or before
     December 31, establish by resolution the specific per annum
     interest rate to be imposed on unpaid taxes during the following
     tax year. ((a) amended May 14, 1982, P.L.425, No.124)
        (b)  The school district levying the tax may at any time
     transmit to the prothonotary of the county in which the school
     district levying the tax is located, a 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, if known, amount of tax, penalty and
     interest due, and the year during which said tax was payable,
     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
     and shall be combined with liens arising from county, or in
     cities coextensive with counties, city and county personal
     property taxes. In no event shall the prothonotary be entitled
     to duplicate fees. 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 judgments, 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 school district levying the
     tax against the taxpayer, or may be presented at the audit of
     any estate in the orphans' court.
        Section 15.  Penalties.--(a)  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 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
     subject to the laws governing the same.
        (b)  Any person 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
     ($500), or undergo an imprisonment not exceeding two (2) years,
     or both.
        (c)  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 (6)
     months, or both.
        (d)  As used in this section the term "person" as applied to
     associations shall mean the partners or members thereof, and as
     applied to corporations the officers thereof.
        Section 16.  Saving Clauses.--(a)  Nothing contained in this
     act shall be construed to empower any school district of the
     first class A to impose, levy and collect the taxes hereby
     levied upon any personal property of any of the classes
     hereinbefore enumerated not within the power of the General
     Assembly under the Constitution of the United States. ((a)
     amended May 29, 1951, P.L.441, No.106)
        (b)  If the tax or any portion of the tax imposed upon any of
     the personal property of any of the classes hereinbefore
     enumerated under the provisions of this act, or if any exception
     of any personal property of any of the classes as hereinbefore
     enumerated from the imposition of the tax under the provisions
     of this act shall be held by any court of competent jurisdiction
     to be in violation of the Constitution of the United States or
     of the Commonwealth of Pennsylvania, the decision shall not
     affect or impair the right to impose the taxes or the validity
     of the taxes so imposed upon the personal property of the other
     classes as hereinbefore enumerated or to impose the taxes on the
     personal property so excepted. It is the intent of the General
     Assembly that the taxes imposed or excepted, so held to be
     unconstitutional, were not to be imposed or excepted, as the
     case may be, but that the taxes imposed upon all other personal
     property made taxable under this act were to be imposed and that
     taxes on the personal property excepted were to be imposed
     thereon.
        (c)  It is the intent of the General Assembly that the power
     vested in it to levy taxes shall not be delegated by any of the
     provisions of this act to any school district of the first class
     A in violation of the provisions of the Constitution of
     Pennsylvania. If a court of competent jurisdiction shall hold
     that such power has nevertheless been so unconstitutionally
     delegated, the rate of the tax herein imposed shall be four (4)
     mills on each dollar of the value of the personal property made
     taxable, which rate the General Assembly under such circumstance
     intends to be imposed. ((c) amended May 29, 1951, P.L.441,
     No.106)
        Section 16.1.  The provisions of this act shall apply only to
     school districts of the first class A.
        (16.1) amended May 29, 1951, P.L.441, No.106)
        Section 17.  Repeal.--All acts and parts of acts inconsistent
     herewith are hereby repealed.
        Section 18.  The provisions of this act shall become
     effective immediately upon final enactment.
        (18 amended May 12, 1949, P.L.1246, No.375)