(a) General rule.--Subject to sections 8703 (relating to adoption of referendum) and 8704 (relating to public referendum requirements for increasing property taxes previously reduced) and except as provided in subsection (b), each school district shall have the power and may by resolution levy, assess and collect or provide for the levying, assessment and collection of the earned income and net profits tax under this chapter.
(b) Exclusions.--No school district which levies an earned income and net profits tax authorized by this chapter shall have any power or authority to levy, assess or collect:
(1) A tax based upon a flat rate or on a millage rate on an assessed valuation of a particular trade, occupation or profession, commonly known as an occupation tax.
(2) A tax at a set or flat rate upon persons employed within the taxing district, commonly known as an occupational privilege tax.
(3) A per capita, poll, residence or similar head tax.
(4) The earned income and net profits tax levied under the Local Tax Enabling Act.
(5) An earned income tax under the act of August 24, 1961 (P.L.1135, No.508), referred to as the First Class A School District Earned Income Tax Act, or under the additional authority in section 652.1(a)(2) of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949.
(6) Any tax under section 652.1(a)(4) of the Public School Code of 1949 except as it pertains to real estate transfer taxes.
(7) Except for taxes permitted under section 8402(b) (relating to scope and limitations), (c), (d), (e) and (f), any other tax authorized or permitted under the Local Tax Enabling Act.
(c) Delinquent taxes.--The provisions of subsection (b) shall not apply to collection of delinquent taxes.
Cross References. Section 8701 is referred to in sections 8703, 8717 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 53 - MUNICIPALITIES GENERALLY
Chapter 87 - Other Subjects of Taxation
Section 8701 - General tax authorization
Section 8702 - Continuity of tax
Section 8703 - Adoption of referendum
Section 8704 - Public referendum requirements for increasing property taxes previously reduced
Section 8705 - Local tax study commission
Section 8706 - Property tax limits on reassessment
Section 8711 - Earned income and net profits tax
Section 8714 - Earned income and net profits tax exemption
Section 8715 - Rules and regulations
Section 8716 - Procedure and administration
Section 8717 - Disposition of earned income and net profits tax revenue
Section 8721 - Hotel room rental (Repealed)
Section 8722 - Local option cigarette tax in school districts of the first class
Section 8723 - Local sales tax revenues in cities of the first class