Pennsylvania Act 1947-320 — RELATING TO TAXATION: MERCANTILE LICENSE TAX

act-1947-0-3201947 Pa. Act 320Law

Act text
RELATING TO TAXATION: MERCANTILE LICENSE TAX
                 Act of Jun. 20, 1947, P.L. 745, No. 320              Cl. 24
        (Act reenacted and amended May 12, 1949, P.L.1238, No.374)

                                  AN ACT

     To provide revenue for school districts of the first class A by
        imposing a temporary mercantile license tax on persons
        engaging in certain occupations and businesses therein;
        providing for its levy and collection; for the issuance of
        mercantile licenses upon the payment of fees therefor;
        conferring and imposing powers and duties on boards of public
        education, receivers of school taxes and school treasurers in
        such districts; saving certain ordinances of council of
        certain cities, and providing compensation for certain
        officers, and employes and imposing penalties. (Title amended
        May 14, 1982, P.L.426, No.125)

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

        Section 1.  Definitions.--The following words and phrases
     when used in this act shall have the meanings ascribed to them
     in this section unless the context clearly indicates a different
     meaning.
        (1)  "Person" shall mean any individual, partnership, limited
     partnership, association or corporation.
        (2)  "Wholesale dealer" or "Wholesale vendor" shall mean any
     person who sells to dealers in, or vendors of, goods, wares and
     merchandise and to no other persons.
        (3)  "Retail dealer" or "Retail vendor" shall mean any person
     who is a dealer in, or vendor of, goods, wares and merchandise
     who is not a wholesale dealer or vendor.
        (4)  "Dealer in, or vendor of, goods, wares and merchandise"
     shall not include any mechanic who keeps a store or warehouse at
     his place of manufactory or workshop in which he sells only his
     own manufactures, any person vending or disposing of articles of
     his own growth, produce or manufacture, or any hawker or peddler
     licensed under any law of this Commonwealth.
        (5)  The terms "Person," "Wholesale dealer," "Wholesale
     vendor," "Retail dealer," "Retail vendor" and "Dealer in, or
     vendor of, goods, wares and merchandise" shall not include
     nonprofit corporations or associations organized for religious,
     charitable or educational purposes.
        (6)  "Broker" shall mean any stock broker, bill broker, note
     broker, exchange broker, merchandise broker, factor, commission
     merchant, real estate broker or agent and pawnbroker.
        (7)  "Place of amusement" shall mean any place indoors or
     outdoors where the general public or a limited or selected
     number thereof may upon payment of an established price attend
     or engage in any amusement, entertainment, exhibition, contest,
     recreation, including among other places, theaters, opera
     houses, motion picture houses, amusement parks, stadia, arenas,
     baseball or football parks or fields, skating rinks, circus or
     carnival tents or grounds, fair grounds, bowling alleys,
     billiard or pool rooms, shuffle board rooms, nine or ten pin
     alleys, riding academies, golf courses, bathing and swimming
     places, dance halls, tennis courts, archery, rifle or shotgun
     ranges and other like places. The term does not include any
     exhibition, amusement, performance or contest conducted by a
     nonprofit corporation or association organized for religious,
     charitable or educational purposes.
        (8)  "License year" shall mean the twelve month period
     corresponding to the fiscal year of the school district levying
     the tax.
        (9)  "Gross volume of business" shall include both cash and
     credit transactions.
        (10)  "Collector" shall mean the receiver of school taxes, or
     in a school district of the first class A in which there is no
     such receiver of school taxes, the school treasurer. ((10)
     amended May 14, 1982, P.L.426, No.125)
        (1 reenacted May 12, 1949, P.L.1238, No.374)
        Section 2.  Authority to Levy and Collect Tax; Use of Tax.--
     (a)  For the year one thousand nine hundred forty-eight and
     annually thereafter, every school district of the first class A
     shall issue mercantile licenses and levy and collect an annual
     mercantile license tax in the manner and at the rates
     hereinafter set forth. Such tax shall be in addition to any
     other tax every such school district is empowered to levy and
     collect under any existing law. The license fees, taxes and
     penalties collected under the provisions of this act, shall be
     used by every such school district for general public school
     purposes.
        (b)  On and after the first day of January, one thousand nine
     hundred fifty, in any school district of the first class A
     which, after such date, has no authority to levy or does not
     levy the tax imposed by this act, the collector is authorized to
     and shall continue to collect delinquent taxes owing such school
     district under any levy for any prior year, under the provisions
     of this act, until such taxes are either collected or until the
     collector is exonerated with respect to such taxes. The
     delinquent taxes so collected shall be used by every such school
     district for general public school purposes.
        (2 reenacted May 12, 1949, P.L.1238, No.374 and amended May
     14, 1982, P.L.426, No.125)
        Section 3.  License Fees.--Beginning in the year one thousand
     nine hundred forty-eight, and annually thereafter, every person
     desiring to continue to engage in, or hereafter to begin to
     engage in, the business of wholesale or retail vendor of, or
     dealer in, goods, wares and merchandise, broker, conducting a
     restaurant or other place where food, drink or refreshments are
     sold, or place of amusement in a school district of the first
     class A, shall on or before the first day of January of each
     license year, or prior to commencing business in any such
     license year, procure a mercantile license for his place of
     business, or if more than one, for each of his places of
     business in the school district from the receiver of school
     taxes or school treasurer, who shall issue the same upon the
     payment of a fee of two dollars ($2) for a wholesale license or
     a retail license, and four dollars ($4) for a wholesale and
     retail license for his place of business, or if more than one,
     for each of his places of business in the school district for
     each license year. Such license shall be conspicuously posted at
     the place of business or each of the places of business of every
     such person at all times.
        (3 reenacted May 12, 1949, P.L.1238, No.374 and amended May
     14, 1982, P.L.426, No.125)
        Section 4.  Imposition and Rate of Tax.--Every person
     engaging in any of the following occupations or businesses in
     any school district of the first class A shall pay an annual
     mercantile license tax at the rate set forth:
        (1)  Wholesale vendors or dealers in goods, wares and
     merchandise and brokers, at the rate of one-half (1/2) mill on
     each dollar of the volume of the annual gross business
     transacted by him;
        (2)  Retail vendors, or dealers in goods, wares and
     merchandise; all persons engaged in conducting restaurants or
     other places where food, drink or refreshments are sold, and all
     persons conducting places of amusement at the rate of one (1)
     mill on each dollar of the volume of the annual gross business
     transacted by him;
        (3)  Wholesale and retail vendors or dealers in goods, wares
     and merchandise, at the rate of one-half (1/2) mill on each
     dollar of the volume of the annual gross wholesale business
     transacted by him, and one (1) mill on each dollar of the volume
     of the annual gross retail business transacted by him;
        (4)  The tax imposed by this section shall not apply to the
     dollar volume of annual business covering the resale of goods,
     wares or merchandise taken by a dealer as a trade-in or as part
     payment for other goods, wares and merchandise except to the
     extent that the resale price exceeds the trade-in allowance.
        (4 reenacted and amended May 12, 1949, P.L.1238, No.374 and
     amended May 14, 1982, P.L.426, No.125)
        Section 5.  Computation of Volume of Business.--
        (a)  Every person, subject to the payment of the tax hereby
     imposed who has commenced his business at least one (1) full
     year prior to the beginning of any license year shall compute
     his annual gross volume of business upon the actual gross amount
     of business transacted by him during the preceding calendar
     year.
        (b)  Every person, subject to the payment of the tax hereby
     imposed, who has commenced his business less than one (1) full
     year prior to the license year one thousand nine hundred forty-
     eight, for the license year one thousand nine hundred forty-
     eight, or who has commenced his business subsequent to the
     beginning of any license year for such license year and the
     succeeding license year, shall compute his annual gross volume
     of business upon the actual gross amount of business transacted
     by him during the first month of his engaging in such business,
     multiplied by the number of months of the current license year
     remaining, or multiplied by twelve (12) for the first full
     license year he engages in business, as the case may be.
        (c)  Every person, subject to the payment of the tax hereby
     imposed, who engages in a business temporary, seasonal or
     itinerant by its nature, shall compute his annual gross volume
     of business upon the actual gross amount of business transacted
     by him during such license year.
        Section 6.  Returns.--
        (a)  Every return shall be made upon a form furnished by the
     collector. Every person making a return shall certify the
     correctness thereof, by affidavit.
        (b)  Every person, subject to the tax imposed by this act,
     who has commenced his business at least one (1) full year prior
     to the beginning of any license year, shall on or before the
     fifteenth day of April, one thousand nine hundred forty-eight,
     and annually thereafter, file with the collector a return
     setting forth his name, his business and business address, and
     such other information as may be necessary in arriving at the
     actual gross amount of business transacted by him during the
     preceding calendar year and the amount of the tax due.
        (c)  Every person, subject to the tax imposed by this act,
     who has commenced his business less than one (1) full year prior
     to the beginning of the license year one thousand nine hundred
     forty-eight, shall, on or before the fifteenth day of March, one
     thousand nine hundred forty-eight, file with the collector a
     return setting forth his name, his business, business address,
     and such other information as may be necessary in arriving at
     the actual gross amount of business transacted by him during his
     first month of business and the amount of the tax due.
        (d)  Every person, subject to the tax imposed by this act,
     who commences business subsequent to the beginning of any
     license year, shall within forty (40) days from the date of
     commencing such business, and on or before the fifteenth day of
     April of the succeeding license year, file a return with the
     collector setting forth his name, his business and business
     address, and such information as may be necessary in arriving at
     the actual gross amount of business transacted by him during his
     first month of business and the amount of the tax due.
        (e)  Every person, subject to the payment of the tax imposed
     by this act, who engages in a business temporary, seasonal or
     itinerant by its nature, shall, within seven (7) days from the
     day he completes such business, file a return with the collector
     setting forth his name, his business and business address, and
     such information as may be necessary in arriving at the actual
     gross amount of business transacted by him during such period
     and the amount of the tax due.
        (6 amended Sept. 9, 1959, P.L.850, No.338)
        Section 7.  Payment.--At the time of filing the return the
     person making the same shall pay the amount of tax shown as due
     thereon to the collector.
        Section 8.  Powers and Duties of Collector.--
        (a)  It shall be the duty of the collector to collect and
     receive the taxes, fines and penalties imposed by this act for
     payment over to the school treasurer. Where such school
     treasurer is not the collector, as in the case of other school
     taxes collected, it shall also be his duty to keep a record
     showing the amount received by him from each person paying the
     tax and the date of such receipt.
        (b)  The collector is hereby charged with the administration
     and enforcement of the provisions of this act, and is hereby
     empowered to prescribe, adopt, promulgate and enforce rules and
     regulations relating to any matter pertaining to the
     administration and enforcement of this act, including provision
     for the re-examination and correction of returns, and payments
     alleged or found to be incorrect, or as to which an overpayment
     is claimed, or found to have occurred. No assessment may be made
     more than five years after the date on which such taxes should
     have been paid, except where a fraudulent return or no return
     has been filed. Any person aggrieved by any decision of the
     collector shall have the right of appeal to the county court of
     Allegheny County. ((b) amended May 10, 1956, 1955 P.L.1559,
     No.519)
        (c)  The collector is hereby authorized to examine the books,
     papers and records of any taxpayer or supposed taxpayer in order
     to verify the accuracy of any return made, or, if no return was
     made, to ascertain the tax imposed. Every such taxpayer, or
     supposed taxpayer, is hereby directed and required to give to
     the collector the means, facilities and opportunity for such
     examinations and investigations as are hereby authorized. The
     collector is hereby authorized to examine any person connected
     with any business, concerning any gross volume of business, or
     gross receipts, 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 before
     him, whether as parties, or witnesses, whom he believes to have
     knowledge of such gross volume of business or gross receipts.
        (d)  The powers conferred by this act upon the collector
     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 him.
        Section 8.1.  Review of Returns; Reassessment of Taxes.--No
     tax return shall be reexamined nor an additional tax imposed on
     any taxpayer on account of any rule or regulation which declares
     certain activities to be included in the retail business
     classification and which were allowed by the taxing authorities
     to be included in the wholesale business classification in
     previous returns, unless such rule or regulation is approved
     prior to the date such return is required to be filed.
        (8.1 added July 13, 1953, P.L.450, No.104)
        Section 9.  Suit on Collection; Penalty.--
        (a)  It shall be the duty of the board of public education,
     or the collector if designated by the Board, to sue for the
     recovery of all taxes due, not paid when due. Such suits shall
     be begun within one (1) year after such taxes have been
     assessed.
        (b)  If for any reason the tax is not paid when due in each
     year, interest at the rate of six per centum (6%) 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, on
     the amount of said tax, and an additional penalty of one-half of
     one per centum (1/2%) of the amount of the unpaid tax for each
     month, or fraction thereof, during which the tax remains unpaid,
     shall be added and collected: Provided, That the maximum penalty
     which shall be imposed on a tax not paid when due shall be seven
     (7%) percent. 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. Where
     suit is brought for the recovery of any such tax the person
     shall be liable for, and in addition to the tax assessed against
     such person, the costs of such collection, and the interest and
     penalties herein imposed shall be collected. ((b) amended May
     14, 1982, P.L.426, No.125)
        (c)  All penalty in excess of one-half of one per centum
     (1/2%) per month on unpaid taxes levied pursuant to the act for
     the year 1955 and all previous years are hereby abated, if the
     unpaid taxes and penalty (not to exceed one-half of one per
     centum (1/2%) per month) and interest are paid on or before
     December thirty-one, one thousand nine hundred fifty-six,
     provided the taxpayer's 1955 and 1956 taxes levied under this
     act are paid. No refund of taxes, interest or penalties paid
     prior to the date of the enactment of this act shall be made as
     a result of the amendments herein contained.
        (9 reenacted May 12, 1949, P.L.1238, No.374 and amended May
     10, 1956, 1955 P.L.1559, No.519)
        Section 10.  Penalties.--
        (a)  Whoever wilfully makes any false or untrue statement on
     his return shall be guilty of a misdemeanor, and upon conviction
     thereof, shall be sentenced to pay a fine of not more than two
     thousand dollars ($2000), or to undergo imprisonment for not
     more than one (1) year, or both.
        (b)  Whoever wilfully fails or refuses to appear before the
     collector in person with his books, records or accounts, for
     examination when required under the provisions of this act to do
     so, or who wilfully refuses to permit inspection of the books,
     records or accounts of any business in his custody or control,
     when the right to make such inspection by the collector is
     requested, 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.
        (c)  Whoever wilfully fails or refuses to file a return
     required by this act and 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)  Whoever being required under the provisions of this act
     to procure a mercantile license, and who wilfully fails or
     refuses to do so, 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.
        (e)  Whoever being required under the provisions of this act
     to keep his license conspicuously posted at his place of
     business for which issued and fails to do so, shall, upon
     summary conviction thereof, pay a fine of not more than one
     hundred dollars ($100) and costs of prosecution or in default of
     payment thereof, shall undergo imprisonment for not more than
     thirty (30) days.
        Section 11.  Compensation; Employes.--
        (a)  The collector, and such of his assistants and employes
     as he shall designate, shall be paid by the school district such
     compensation for their services in the administration and
     enforcement of this act as the board of public education shall
     fix, which said compensation shall be in addition to such other
     salary or compensation each shall, or hereafter may, be entitled
     to receive for the performance of any other duties performed or
     to be performed by him.
        (b)  The collector shall appoint such assistants and
     employes, including legal counsel, as the collector shall
     require to aid him in the administration and enforcement of this
     act, at such salaries or compensation, as the board of public
     education shall fix, which shall be paid by the school district.
        Section 12.  Saving Clauses.--
        (a)  The validity of any ordinance or part of any ordinance
     providing for or relating to the imposition, levy or collection
     of any tax passed by the council of a city coextensive with a
     school district of the first class in effect on the effective
     date of this act, and any amendments or supplements thereto,
     which may be hereafter passed by such council shall not be
     affected or impaired by anything contained in this act.
        (b)  Nothing contained in this act shall be construed to
     empower any school district of the first class to levy and
     collect the taxes hereby imposed on any person or on any
     business or any portion of any business not within the taxing
     power of this Commonwealth under the Constitution of the United
     States.
        (c)  If the tax, or any portion of the tax, imposed upon any
     person, or, if any exception from the imposition of the tax, or
     any portion of the tax imposed upon any person 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 of the court shall not affect or impair the right to
     impose the taxes, or the validity of taxes so imposed upon other
     persons as herein provided, or to impose the taxes so excepted
     from imposition. 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, but that the remainder of
     said taxes imposed hereunder were to be imposed and collected
     and the taxes so excepted were to be imposed.
        Section 13.  (13 repealed May 14, 1982, P.L.426, No.125)
        Section 14.  Repeal.--All acts or parts of acts inconsistent
     herewith are hereby repealed.
        Section 15.  Effective Date.--The provisions of this act
     shall become effective immediately upon final enactment.

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