Pennsylvania 2025 2025-2026 Regular Session

Pennsylvania Senate Bill SB527 Introduced / Bill

                     
PRINTER'S NO. 500 
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL 
No.527 
Session of 
2025 
INTRODUCED BY FARRY, PENNYCUICK, ROTHMAN, LAUGHLIN AND MARTIN, 
MARCH 26, 2025 
REFERRED TO FINANCE, MARCH 26, 2025 
AN ACT
Amending the act of December 31, 1965 (P.L.1257, No.511), 
entitled "An act empowering cities of the second class, 
cities of the second class A, cities of the third class, 
boroughs, towns, townships of the first class, townships of 
the second class, school districts of the second class, 
school districts of the third class and school districts of 
the fourth class including independent school districts, to 
levy, assess, collect or to provide for the levying, 
assessment and collection of certain taxes subject to maximum 
limitations for general revenue purposes; authorizing the 
establishment of bureaus and the appointment and compensation 
of officers, agencies and employes to assess and collect such 
taxes; providing for joint collection of certain taxes, 
prescribing certain definitions and other provisions for 
taxes levied and assessed upon earned income, providing for 
annual audits and for collection of delinquent taxes, and 
permitting and requiring penalties to be imposed and 
enforced, including penalties for disclosure of confidential 
information, providing an appeal from the ordinance or 
resolution levying such taxes to the court of quarter 
sessions and to the Supreme Court and Superior Court," 
further providing for title of act; providing for local taxes 
in cities of the first class, for prohibition of tax on 
certain individuals and for reimbursement of taxes; and 
making repeals.
The General Assembly of the Commonwealth of Pennsylvania 
hereby enacts as follows:
Section 1.  The title of the act of December 31, 1965 
(P.L.1257, No.511), known as The Local Tax Enabling Act, is 
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29 amended to read:
AN ACT
Empowering cities of the first class, second class, cities of 
the second class A, cities of the third class, boroughs, 
towns, townships of the first class, townships of the second 
class, school districts of the second class, school districts 
of the third class and school districts of the fourth class 
including independent school districts, to levy, assess, 
collect or to provide for the levying, assessment and 
collection of certain taxes subject to maximum limitations 
for general revenue purposes; authorizing the establishment 
of bureaus and the appointment and compensation of officers, 
agencies and employes to assess and collect such taxes; 
providing for joint collection of certain taxes, prescribing 
certain definitions and other provisions for taxes levied and 
assessed upon earned income, providing for annual audits and 
for collection of delinquent taxes, and permitting and 
requiring penalties to be imposed and enforced, including 
penalties for disclosure of confidential information, 
providing an appeal from the ordinance or resolution levying 
such taxes to the court of quarter sessions and to the 
Supreme Court and Superior Court.
Section 2.  The act is amended by adding a chapter to read:
CHAPTER 6
LOCAL TAXES IN CITIES OF THE FIRST CLASS
Section 601.  Authority to levy taxes.
(a)  Authorization.--
(1)  The council of a city of the first class shall have 
the authority, by ordinance, for general revenue purposes, to 
levy, assess and collect taxes or provide for the levying, 
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30 assessment and collection of taxes on persons, transactions, 
occupations, privileges, subjects and personal property 
within the limits of a city of the first class, as it shall 
determine, except that the council shall not have the 
authority to levy, assess and collect a tax or provide for 
the levying, assessment and collection of a tax on a 
privilege, transaction, subject or occupation, or on personal 
property, which is or may become subject to a State tax or 
license fee.
(2)  If, subsequent to the passage of an ordinance under 
the authority of this chapter, the General Assembly enacts a 
tax or license fee on a privilege, transaction, subject or 
occupation, or on personal property taxed by a city of the 
first class under this chapter, the act imposing the State 
tax or license fee shall automatically vacate the city 
ordinance passed under the authority of this chapter as to 
all taxes accruing subsequent to the effective date of the 
act imposing the State tax or license fee.
(3)  It is the intention of this section to confer upon 
cities of the first class the power to levy, assess and 
collect taxes upon any and all subjects of taxation which the 
Commonwealth has power to tax but which it does not now tax 
or license, subject only to this section, that any tax upon a 
subject which the Commonwealth may tax or license shall 
automatically terminate upon the effective date of the State 
act imposing the new tax or license fee.
(b)  Prohibition of tax on salaries, wages, commissions or 
other compensation on certain individuals.--
(1)  A city of the first class may not impose a tax on 
salaries, wages, commissions or other compensation on a 
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30 nonresident individual who is employed by an employer whose 
place of business is located in a city of the first class and 
performs all employment duties or services outside of the 
city of the first class.
(2)  If a nonresident individual performs a portion of 
the individual's employment duties or services outside of the 
city of the first class, the city of the first class may only 
impose a tax on salaries, wages, commissions or other 
compensation on that portion of salaries, wages, commissions 
or other compensation attributable to duties performed by the 
individual within the city of the first class.
(3)  For purposes of this subsection, an employment duty 
or service is deemed to be performed where the employee is 
physically located, notwithstanding any electronic device, 
computer network or other technology that connects the 
employee to a person or premises located in a city of the 
first class.
(c)  Duties.--
(1)  The State Treasurer or other appropriate State 
official shall, at the time of payment of the salary, wage or 
other compensation to an officer or employee of the 
Commonwealth, with the exception of elected officials, 
domiciled or rendering services within a city of the first 
class, deduct any tax imposed by the city on the salary, wage 
or other compensation paid by the Commonwealth to the officer 
or employee.
(2)  The State Treasurer or other appropriate State 
official shall, on or before the last day of April, July, 
October and January of each year, make a return on a form 
furnished by or obtainable from the revenue commissioner of 
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30 the city and remit to the revenue commissioner the amount of 
tax so deducted for the three-month period ending on the last 
day of the month preceding.
Section 602.  Creation of offices necessary for the collection 
of taxes.
A city of the first class is authorized to provide, by 
ordinance, for the creation of bureaus or the appointment and 
compensation of officers, clerks, collectors and other 
assistants and employees, either under existing departments or 
otherwise, as may be deemed necessary for the assessment and 
collection of taxes imposed under the authority of this chapter.
Section 603.  Penalties and enforcement of nonpayment of taxes.
The council of a city of the first class shall have the power 
to prescribe and enforce penalties for the nonpayment, within 
the time fixed for their payment, of taxes imposed under the 
authority of this chapter and for the violation of the 
provisions of ordinances passed under the authority of this 
chapter.
Section 604.  Reimbursement.
(a)  Applicability.--Notwithstanding any other provision of 
law or this act, this section shall only apply to a taxpayer who 
is a resident of this Commonwealth and not a resident of a city 
of the first class but who is subject to the tax on salaries, 
wages, commissions or other compensation imposed by a city of 
the first class under this chapter.
(b)  Employer duty.--Each employer of a taxpayer shall report 
on or before the last day of April, July, October and January of 
each year to a city of the first class all of the following:
(1)  The amount of tax on salaries, wages, commissions or 
other compensation under subsection (a) imposed by the school 
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30 district in which the taxpayer resides.
(2)  The amount of tax on salaries, wages, commissions or 
other compensation under subsection (a) imposed by the 
municipality in which the taxpayer resides.
(c)  School districts.--
(1)  Notwithstanding any other provision of law or this 
act, for tax years beginning after December 31, 2025, payment 
of a tax on salaries, wages, commissions or other 
compensation to a city of the first class shall be credited 
by the school district of the taxpayer's residence at an 
amount no greater than the tax on salaries, wages, 
commissions or other compensation imposed by the school 
district in which the taxpayer resides.
(2)  In order to facilitate the prompt implementation of 
this section, the  	Department of Education shall, in  
consultation with the Department of Community and Economic 
Development,  promulgate temporary regulations  	to calculate 
the amount equal to the aggregate amount of the tax credited 
under paragraph (1) which is due to each school district 
qualifying under this subsection. The temporary regulations 
shall expire no later than two years following the 
publication of the temporary regulations. The temporary 
regulations shall not be subject to:
(i)  Section 612 of the act of April 9, 1929 
(P.L.177, No.175), known as The Administrative Code of 
1929.
(ii)  Sections 201, 202, 203, 204 and 205 of the act 
of July 31, 1968 (P.L.769, No.240), referred to as the 
Commonwealth Documents Law.
(iii)  Sections 204(b) and 301(10) of the act of 
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30 October 15, 1980 (P.L.950, No.164), known as the 
Commonwealth Attorneys Act.
(iv)  The act of June 25, 1982 (P.L.633, No.181), 
known as the Regulatory Review Act.
(3)  The Department of Education shall certify the amount 
calculated pursuant to the regulations under paragraph (2) to 
the city of the first class. The amount certified shall, 
within 30 days of receipt of the certification, be paid by 
the city of the first class to the school district of 
residence of each taxpayer.
(d)  Municipalities.--
(1)  Notwithstanding any other provision of law or this 
act, for tax years beginning after December 31, 2025, payment 
of a tax on salaries, wages, commissions or other 
compensation to a city of the first class shall be credited 
by the municipality of the taxpayer's residence at an amount 
no greater than the tax on salaries, wages, commissions or 
other compensation imposed by the municipality in which the 
taxpayer resides.
(2)  In order to facilitate the prompt implementation of 
this section, the  	Department of Community and Economic  
Development shall, in consultation with the Department of 
Education,  promulgate temporary regulations  	to calculate the  
amount equal to the aggregate amount of the tax credited 
under paragraph (1) which is due to each municipality 
qualifying under this subsection. The temporary regulations 
shall expire no later than two years following the 
publication of the temporary regulations. The temporary 
regulations shall not be subject to:
(i)  Section 612 of The Administrative Code of 1929.
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30 (ii)  Sections 201, 202, 203, 204 and 205 of the 
Commonwealth Documents Law.
(iii)  Sections 204(b) and 301(10) of the 
Commonwealth Attorneys Act.
(iv)  The Regulatory Review Act.
(3)  The Department of Community and Economic Development 
shall certify the amount calculated pursuant to the 
regulations under paragraph (2) to the city of the first 
class. The amount certified shall, within 30 days of receipt 
of the certification, be paid by the city of the first class 
to the municipality of residence of each taxpayer.
Section 3.  Repeals are as follows:
(1)  The General Assembly declares that the repeal under 
paragraph (2) is necessary to effectuate the addition of 
Chapter 6 of the act.
(2)  The act of August 5, 1932 (Sp.Sess., P.L.45, No.45), 
referred to as the Sterling Act, is repealed.
(3)  The General Assembly declares that the repeal under 
paragraph (4) is necessary to effectuate the addition of 
Chapter 6 of the act.
(4)  Section 324 of the act of June 27, 2006 (1st 
Sp.Sess., P.L.1873, No.1), known as the Taxpayer Relief Act, 
is repealed.
Section 4.  The addition of Chapter 6 of the act is a 
continuation of the act of August 5, 1932 (Sp.Sess., P.L.45, 
No.45), referred to as the Sterling Act . The following apply:
(1)  Except as otherwise provided in Chapter 6 of the 
act, all activities initiated under the Sterling Act shall 
continue and remain in full force and effect and may be 
completed under Chapter 6 of the act. Orders, regulations, 
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30 rules and decisions which were made under the Sterling Act 
and which are in effect on the effective date of section 3(2) 
of this act shall remain in full force and effect until 
revoked, vacated or modified under Chapter 6 of the act. 
Contracts, obligations and collective bargaining agreements 
entered into under the Sterling Act are not affected nor 
impaired by the repeal of the Sterling Act.
(2)  Except as provided in paragraph (3), any difference 
in language between Chapter 6 of the act and the Sterling Act 
is intended only to conform to the style of the act and is 
not intended to change or affect the legislative intent, 
judicial construction or administration and implementation of 
the Sterling Act.
(3)  Paragraph (2) does not apply to the addition of 
section 601(b) or 604 of the act.
Section 5.  A reference in statute or regulation to the act 
of August 5, 1932 (Sp.Sess., P.L.45, No.45), referred to as the 
Sterling Act, shall be deemed a reference to Chapter 6 of the 
act.
Section 6.  This act shall take effect as follows:
(1)  This section shall take effect immediately.
(2)  The remainder of this act shall take effect in 180 
days or January 1, 2026, whichever is later.
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