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Back to search resultsBill 130182-A

Amending Chapter 19-1800 of The Philadelphia Code, entitled "School Tax Authorization," by amending Section 19-1806, entitled "Authorization of Realty Use and Occupancy Tax," to further authorize the tax and to set the rate for such tax, all under certain terms and conditions.

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File details

Status
Enacted
Type
Bill
Introduced
March 14, 2013
Sponsors
CPCouncil President ClarkeCurtis Jones, Jr.

Full Bill

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Chapter 19-1800 of The Philadelphia Code is amended to read as follows:

CHAPTER 19-1800. SCHOOL TAX AUTHORIZATION

* * *

§ 19-1806. Authorization of Realty Use and Occupancy Tax.

* * *

(2) Imposition of the Tax.

* * *

(b) The Board of Education of the School District of Philadelphia is authorized to impose a tax for general school purposes on the use or occupancy of real estate within the School District of Philadelphia during the tax years beginning July 1, 2001, July 1, 2002, July 1, 2003, July 1, 2004, July 1, 2005, July 1, 2006, July 1, 2007, July 1, 2008, July 1, 2009, July 1, 2010, July 1, 2011, July 1, 2012,

July 1, 2013,

and thereafter for the purpose of carrying on any business, trade, occupation, profession, vocation, or any other commercial or industrial activity. This tax is imposed on the user or occupier of real estate.

* * *

(4) Rate and Computation of Tax.

(a) Rate.

* * *

(iii) The tax authorized by this Section shall be measured by the assessed value of the real estate, for the tax year beginning July 1, 2012, [and thereafter,] at the rate [each year] not to exceed five dollars and fifty-one cents ($5.51) per one hundred ($100) dollars of the assessed value of the real estate as most recently returned by the Office of Property Assessment, except that, for the tax year beginning July 1, 2012, only, the tax shall be calculated based on the assessed value of the real estate as returned by the Office of Property Assessment in 2011.

(b) Computation. [The]

For tax years subject to subsection (a), above, the

tax to be paid by the user or occupier shall be computed as follows:

* * *

(c) Computation for Tax Years beginning on or after July 1, 2013. The tax to be paid by the user or occupier, for the tax year beginning July 1, 2013, and for all tax years thereafter, shall be computed as follows:

(.1) First, calculate the following product:

Sq. ft. occupied or used

_____________________ x Assessed Value

Total sq. ft. available

for use or occupancy

on the real estate

(.2) Next, subtract the Exemption Amount from the foregoing product.

(.3) If the foregoing difference is less than zero, the tax liability is zero. Otherwise, multiply the foregoing difference by the following:

Days of actual use or occupancy

Tax Rate x __________________________

360

(.4) For purposes of this subsection (c):

(A) Assessed Value shall mean the assessed value of the real estate as most recently returned by the Office of Property Assessment prior to the start of the Tax year.

(B) The Exemption Amount shall be $177,000 per property. Where there are multiple taxpayers using or occupying a property, the Exemption Amount shall be allocated equally among all such taxpayers, so that each taxpayer's Exemption Amount shall be $177,000 divided by the number of taxpayers using or occupying the property. Every landlord shall provide to the tenants of a property the number of users or occupiers of the property.

(C) The Tax Rate shall be one and thirteen hundredths percent (1.13%).

* * *

SECTION 2. The provisions of this Ordinance are severable. In particular, if any word, phrase or provision of Section 19-1806(4)(c) of The Philadelphia Code (“Computation for Tax Years beginning on or after July 1, 2013”), added by Section 1 of this Ordinance, is determined to be unlawful, it is the intent of Council to have adopted the remainder of Section 19-1806(4)(c) without the unlawful word, phrase or provision.

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Explanation:

[Brackets] indicate matter deleted.

Italics

indicate new matter added.

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

    READ AND PASSED

    Member-by-member vote published for this action.

    Pass16 Yes · 0 No · 0 AbsentView member votes →
    Official action detail

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

    Member votes

    MemberVote
    Bill GreenYes
    Blondell Reynolds BrownYes
    Bobby HenonYes
    Brian J. O'NeillYes
    Cindy BassYes
    Curtis Jones, Jr.Yes
    Darrell L. ClarkeYes
    David OhYes
    Dennis M. O'BrienYes
    James F. KenneyYes
    Jannie L. BlackwellYes
    Kenyatta JohnsonYes
    Maria D. Quiñones-SánchezYes
    Mark SquillaYes
    W. Wilson Goode, Jr.Yes
    William K. GreenleeYes

    Source: LegislationDetail.aspx · gridLegislation

  3. Council ActionCITY COUNCIL

    READ

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    Source: LegislationDetail.aspx · gridLegislation

    4 procedural actionsCITY COUNCIL
    ProceduralCITY COUNCIL

    ORDERED PLACED ON FINAL PASSAGE CALENDAR FOR NEXT MEETING.

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    UnanimousCITY COUNCIL

    SUSPEND THE RULES OF THE COUNCIL

    Pass
    Official action detail

    A motion was made by Councilmember Jones 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. 3 procedural actionsCommittee of the Whole
    ProceduralCommittee of the Whole

    REPORTED FAVORABLY, RULE SUSPENSION REQUESTED

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    Source: LegislationDetail.aspx · gridLegislation

  5. Council ActionCommittee of the Whole

    RECESSED

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  6. Council ActionCommittee of the Whole

    RECESSED

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  7. Council ActionCommittee of the Whole

    RECESSED

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  8. Council ActionCommittee of the Whole

    RECESSED

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  9. Council ActionCommittee of the Whole

    RECESSED

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  10. Council ActionCommittee of the Whole

    RECESSED

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  11. Council ActionCommittee of the Whole

    RECESSED

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  12. Council ActionCommittee of the Whole

    RECESSED

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    Council ActionCommittee of the Whole

    RECESSED

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    3 procedural actionsCommittee of the Whole
  13. Council ActionCommittee of the Whole

    RECESSED

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  14. UnanimousCITY COUNCIL

    Introduced (By Request) and Referred

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

    Pass
    Official action detail

    A motion was made by Councilmember Jones that this matter be Introduced (By Request) and Referred to the Committee of the Whole. The motion carried unanimously.

    Source: LegislationDetail.aspx · gridLegislation