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Amending Chapter 19-1500 of The Philadelphia Code, entitled "Wage and Net Profits Tax," by exempting certain stock options from the tax, under certain terms and conditions.

AI summary

This enacted ordinance amends Philadelphia’s Wage and Net Profits Tax rules to exempt certain stock options from taxation. Stock options without a readily measurable market value when granted are generally excluded from compensation, while options with such a value may be taxed at that value; amounts arising when options are exercised, exchanged, sold, or otherwise disposed of are not taxable under this chapter. The changes apply to options granted after the ordinance takes effect and to transactions occurring on or after that date.

File details

Status
ENACTED
Introduced
May 18, 2000
Sponsors
Anna Cibotti VernaMAMichael A. NutterJFJames F. Kenney
View official record ↗

Full text

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Chapter 19-1500 of The Philadelphia Code is hereby amended to read as follows:

CHAPTER 19-1500. WAGE AND NET PROFITS TAX

§19-1501. Definitions.

(8)

Salaries, Wages, Commissions and Other Compensation. All salaries, wages, commissions, bonuses, incentive payments, fees and tips that may accrue or be received by an individual, whether indirectly or through an agent and whether in cash or in property, for services rendered, but excluding:

(f)

Stock options which do not have a readily ascertainable fair market value, as defined by 26 C.F.R. §1.83-7(b), on the date the stock option is granted. Stock options which do have a readily ascertainable fair market value on the date the stock option is granted shall be considered as compensation in the amount of such value and received on such date. If an employee is offered the choice of receiving compensation in cash or compensation in stock options, and chooses stock options, then such stock options shall be deemed to have a readily ascertainable fair market value equal to the amount of cash that was offered. Any amount that would otherwise be considered as compensation arising from the exercise, exchange, sale or disposition of stock options, whether or not they had a really ascertainable fair market value when granted, shall not be taxable under this Chapter.

SECTION 2.

The provisions of subsection 19-1501(8)(f) of The Philadelphia Code, as added by Section 1 of this Ordinance, exempting certain stock options from tax, shall apply only to stock options that are granted after the date this Ordinance takes effect, and to stock options that are exercised, exchanged, sold or otherwise disposed of, on or after the date this Ordinance takes effect.

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Explanation:

Italics

indicate new matter added.

End

File history

Sometimes city council's record keeping is not complete. This timeline reflects the information on the council's legistar website.
  1. Council actionMAYOR

    Signed

  2. Council actionCITY COUNCIL

    Read

  3. Council actionCITY COUNCIL

    Ordered placed on next week`s second reading calendar

    Council actionCITY COUNCIL

    Suspend the rules of the council

    Pass
    Council actionCITY COUNCIL

    Ordered placed on this day`s first reading calendar

  4. Council actionCommittee of the Whole

    Reported favorably, rule suspension requested

    Council actionCommittee of the Whole

    Amended

    Council actionCommittee of the Whole

    Hearing held

  5. Council actionCITY COUNCIL

    Introduced

    Pass
    Council actionCITY COUNCIL

    Referred