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Back to search resultsBill 130592

Amending Section 19-1806 of The Philadelphia Code, entitled "Authorization of Realty Use and Occupancy Tax," by tolling interest, penalties and costs when the assessed value of taxable property is under appeal; limiting what the Department can bill for tax years under appeal; and requiring for the tax year under appeal payment of an amount at least equal to the prior year's tax; all under certain terms and conditions.

View file history View official file on Legistar →

File details

Status
Enacted
Type
Bill
Introduced
September 12, 2013
Sponsors
Mark SquillaCKCouncilmember KenneyCHCouncilmember Henon

Full Bill

THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS:

SECTION 1. Section 19-1806 of The Philadelphia Code is hereby amended to read as follows:

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

* * *

(4)

Rate and Computation of Tax.

* * *

(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:

* * *

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

* * *

(D) Notwithstanding the provisions of

§

19-509 (related to interest, penalties and costs) for the tax year beginning July 1, 2013,

no interest, penalties or cost shall accrue while an appeal of the assessed value of the taxable property is pending, provided:

(.a) the Taxpayer has timely filed an appeal of the assessed value with the Board of Revision of Taxes or court of competent jurisdiction; and

(.b) the Taxpayer has, in accordance with

§

19-1806(5), paid when due an amount equal to the Realty Use and Occupancy Tax due for the same period in the tax year beginning July 1, 2012;

(.c) Where the Taxpayer has timely filed an appeal of the assessed value with the Board of Revision of Taxes or court of competent jurisdiction, the Department shall, while the appeal is pending, bill the taxpayer for the tax year beginning July 1, 2013, no more than the amount of Realty Use and Occupancy Tax due for the same period in the tax year beginning July 1, 2012;

(.d) Where a taxpayer has complied with the provisions of subsections (D) (.a) and (.b), any

overpayment for the tax year beginning July 1, 2013

resulting from a final determination of the assessment appeal

of the taxable property shall be credited against amounts due in future periods until exhausted;

(.e) Where a taxpayer has complied with the provisions of subsections (D) (.a) and (.b), any

outstanding balance for the tax year beginning July 1, 2013 which remains due after a final determination of the assessment appeal

of the taxable property

shall be deemed to have been paid when due if payment in full is received by the Department within thirty (30) days of the date of the final determination. Thereafter,

amounts remaining due and unpaid shall accrue interest, penalties and costs in accordance with the provisions of

§

19-509 (related to interest, penalties and costs).

* * *

SECTION 2. This Ordinance shall take effect immediately upon final enactment.

__________________________

Explanation:

[Brackets] indicates matter deleted.

Italics

indicate new matter added.

End

2

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

    NO ACTION TAKEN

    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 · 1 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
    Marian B. TascoYes
    Mark SquillaYes
    W. Wilson Goode, Jr.No
    William K. GreenleeYes

    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 Green 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 on Finance
    ProceduralCommittee on Finance

    REPORTED FAVORABLY, RULE SUSPENSION REQUESTED

    Official action detail

    Source: LegislationDetail.aspx · gridLegislation

  5. UnanimousCITY COUNCIL

    Introduced and Referred

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

    Pass
    Official action detail

    A motion was made by Councilmember Squilla that this matter be Introduced and Referred to the Committee on Finance. The motion carried unanimously.

    Source: LegislationDetail.aspx · gridLegislation