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Find out more. At the end of the year every business that started that year shall submit an amended return to reconcile the estimated tax payment to the tax based upon the calendar-year figure of the gross receipts or volume. If the amount of the tax paid is less than the amended amount due, the business shall remit payment to the Township of Wilkins with the adjusted return on or before April 15 of the year following the first tax year started by the business.
If the estimated amount paid is more than the calendar year figure, the business owner shall file an amended return with the Township of Wilkins for an adjustment to credit another tax year or request a refund. Every person when engaged in a business temporary, seasonal or itinerant by its nature shall compute his annual gross receipts or gross volume of business upon the actual gross receipts or gross volume of business received by him during such tax year.
Every person shall, within seven days from the day he completes such business, file a return with the Tax 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 tax due. Where a receipt in its entirety cannot be subjected to the tax imposed by this article by reason of the provisions of the Constitution of the United States or any other provisions of law, including exemptions within this article, the Tax Collector shall establish rules and regulations and methods of allocation and evaluation so that only that part of such receipts which is properly attributable and allocable to the doing of business in the Township of Wilkins shall be taxed hereunder.
The Tax Collector may make such allocation with due regard to the nature of the business concerned on the basis of millage division of the receipt according to the number of jurisdictions in which it may be taxed, the ratio of the value of the property or assets of the taxpayer owned and situated in the Township of Wilkins to the total property or assets of the taxpayer wherever calculated to effect a fair and proper allocation.
Every person who ceases to carry on a business during any tax year shall be permitted to apportion his tax for such tax year and shall pay for such tax year an amount to be computed by multiplying his gross receipts from the preceding full calendar year by a fraction whose numerator shall be the number of months such person was in business during the tax year and whose denominator shall be The person making the return shall, at the time of making the return, pay the amount of tax shown as due thereon to the Tax Collector. It shall be the duty of the Tax Collector to collect and receive the taxes, fines, interest and penalties imposed by this article.
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 each receipt. The Tax Collector is hereby charged with the administration and enforcement of the provisions of this article 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 article, including provisions for the reexamination 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.
Any person aggrieved by any decision of the Tax Collector shall have the right to appeal to a court or courts of competent jurisdiction as in other cases provided. The Tax Collector is hereby authorized to 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 receipts and to otherwise administrate and enforce this article as provided in the document entitled "Business Privilege Tax Ordinance Rules and Regulations Pertaining to Enforcement and Administration," which document is attached hereto, made a part hereof as it may be amended and is marked Exhibit A.
The Tax 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 due. Every such taxpayer, or supposed taxpayer, is hereby directed and required to give to the Tax Collector the means, facilities and opportunity for such examinations and investigations as are hereby authorized. The Tax Collector is further authorized to delegate any of his authority herein established or contained to other employees of the Township of Wilkins or to accountants, auditors or collectors retained by the Township of Wilkins for the purpose of assisting in the administration of this article and the enforcement and collection of the taxes imposed hereunder and of the auditing of the accounts of the taxpayers and persons hereunder.
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Any information gained by the Tax Collector or any other officer, official, agent or employee of the municipality as a result of any returns, investigations, hearings or verifications required or authorized by this article shall be confidential, except in accordance with proper judicial order or as otherwise provided by law, and divulgence of any information so gained is hereby declared to be a violation of this article, which may be punished by dismissal from office or employment. The Tax Collector may sue for the recovery of taxes due and unpaid under this article and may enter such suit in the name of the Township of Wilkins.
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Where suit is brought for the recovery of any such tax, the person liable therefor shall, in addition, be liable for the costs of collection and the interest and penalties herein imposed. Where the taxpayer is a firm or association, the fine or penalty may be imposed upon any of the partners or members thereof and, in the case of corporations, upon any of the officers thereof. Each day on which any person violates this article shall be considered as a separate offense and shall be punishable as such as hereinbefore provided.
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Nothing contained in this article shall be construed to empower the Township of Wilkins to levy and collect the taxes hereby imposed on any person or any business or any portion of any business not within the taxing power of the Township of Wilkins under the Constitution of the United States and the laws of the Commonwealth of Pennsylvania.
If the tax, or any portion thereof, imposed upon any person under the provisions of this article 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 the taxes so imposed upon other persons as herein provided.
If a final decision of a court of competent jurisdiction holds any provision of this article, or the application of any provision to any circumstances to be illegal or unconstitutional, the other provisions of this article, or the application of such provision to other circumstances, shall remain in full force and effect.
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