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Back to search resultsBill 020115

Amending Chapter 19-2600 of The Philadelphia Code, entitled "Business Privilege Taxes," by eliminating the prepaid structure of the tax, by clarifying the period to be used in computation of the tax, by requiring the payment of an estimated payment, by ensuring that gains from the termination of the business are subject to tax, by clarifying the treatment of calendar and fiscal taxpayers and by amending definitions of the tax, under certain terms and conditions.

View file history View official file on Legistar →

File details

Status
Enacted
Type
Bill
Introduced
February 28, 2002
Sponsors
CRCouncilmember Reynolds Brown

Full Bill

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Chapter 19-2600 of The Philadelphia Code is hereby amended to read as follows:

CHAPTER 19-2600. BUSINESS PRIVILEGE TAXES.

* * *

§19-2601. Definitions.

* * *

Business. Carrying on or exercising for gain or profit within a city of the first class, any trade, business, including financial business as hereinafter defined, profession, vocation or

commercial activity

, including the partial or complete liquidation or sale of business assets,

or making sales to persons within such city of the first class. "Business" shall not include the following:

* * *

Tax Measurement Year. The fiscal or calendar year by which the person engaging in business keeps its books and records for federal tax purposes.

* * *

§19-2606. Returns.

* * *

(2)

Time and manner of filing.

Every person engaged in business is required to file a return on or before the fifteenth day of April of the year following each tax year it is in business.

All returns shall be filed [at such time and] in such manner and form as is provided by the Department of Revenue.

* * *

§19-2609. Period used in computation of tax.

(1) General Rule. Every period in which a person engages in business shall be subject to the tax hereby imposed.

(a) Receipts.—Every person subject to the payment of the tax hereby imposed shall compute its taxable receipts using the receipts received for the tax measurement year ending in the tax year.

(b) Net income.Every person subject to the payment of the tax hereby imposed shall compute its net income using the net income for the tax measurement year ending in the tax year.

(2) Certain New Businesses. Every person engaging in business that does not have a tax measurement year ending in the tax year shall file a return stating that no tax is due for the tax year.

(3) Terminating Businesses. Every person that has terminated its business during the tax year shall compute its receipts and net income using the period that begins on the beginning date of the tax measurement year ending in the tax year and which ends on the date the business is terminated.

(4) Changes in Tax Measurement Year. The Department shall prescribe regulations to ensure that every person that changes its tax measurement year, including a person that may have multiple tax measurement years within a tax year, shall pay the tax hereby imposed for all periods in business.

§19-2610. Estimated Tax Payments. The Department shall promulgate regulations to provide for estimated tax payments to be paid concurrently with the filing of any return, and for credits to be granted on any overpayment of estimated tax payment. The Department shall also promulgate regulations to provide for transition rules. Failure to make an estimated payment pursuant to these regulations shall subject a taxpayer to interest, penalties and costs as provided in Section 19-509.

* * *

SECTION 2.

Effective Date; Application. This Ordinance shall take effect upon the later of the date this Ordinance becomes law or the effective date of state legislation authorizing this Ordinance. This Ordinance

shall apply to tax years 2002 and thereafter, except that if this Ordinance is approved after November 30, 2002, this Ordinance shall apply to tax years 2003 and thereafter

.

___________________________________

Explanation:

Italics

indicate new matter added.

[Brackets] indicate matter deleted.

End

Timeline

File history

A file can move through several public steps, including introduction, hearings, amendments, votes and final action. This timeline puts those events in date order, groups routine entries from the same day, and attaches published member votes to the action they record.

  1. Council ActionMAYOR

    SIGNED

    Other recorded action without a published tally.

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  2. Member voteCITY COUNCIL

    PASSED

    Member-by-member vote published for this action.

    Pass17 Yes · 0 No · 0 AbsentView member votes →
    Official action detail

    A motion was made that this matter be PASSED. The motion carried by the following vote:

    Member votes

    MemberVote
    Angel OrtizYes
    Anna Cibotti VernaYes
    Blondell Reynolds BrownYes
    Brian J. O'NeillYes
    Darrell L. ClarkeYes
    David CohenYes
    Donna Reed MillerYes
    Frank J. DiCiccoYes
    Frank RizzoYes
    James F. KenneyYes
    Jannie L. BlackwellYes
    Joan L. KrajewskiYes
    Marian B. TascoYes
    Michael A. NutterYes
    Rick MarianoYes
    W. Thacher LongstrethYes
    W. Wilson Goode, Jr.Yes

    Source: LegislationDetail.aspx · gridLegislation

    Council ActionCITY COUNCIL

    READ

    Other recorded action without a published tally.

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  3. 3 procedural actionsCITY COUNCIL
    ProceduralCITY COUNCIL

    ORDERED PLACED ON NEXT WEEK`S SECOND READING CALENDAR

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

    UnanimousCITY COUNCIL

    SUSPEND THE RULES OF THE COUNCIL

    Pass
    Official action detail

    A motion was made by Councilmember Blackwell that this matter be SUSPEND THE RULES OF THE COUNCIL. The motion carried unanimously.

    Source: LegislationDetail.aspx · gridLegislation

    ProceduralCITY COUNCIL

    ORDERED PLACED ON THIS DAY`S FIRST READING CALENDAR

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  4. 4 procedural actionsCommittee of the Whole
    ProceduralCommittee of the Whole

    REPORTED FAVORABLY, RULE SUSPENSION REQUESTED

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  5. Council ActionCommittee of the Whole

    RECESSED

    Other recorded action without a published tally.

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

    2 procedural actionsCommittee of the Whole
  6. 3 procedural actionsCommittee of the Whole
  7. UnanimousCITY COUNCIL

    Introduced

    Marked unanimous; no member-by-member tally published.

    Pass
    Official action detail

    A motion was made by Councilmember Reynolds Brown that this matter be Introduced. The motion carried unanimously.

    Source: LegislationDetail.aspx · gridLegislation