Effective January 1, 2008, the Local Services Tax (LST)
replaces the Emergency & Municipal Services Tax (EMST). Like
the EMST, the new tax is assessed on each employed individual by the political
subdivision of the individual’s place of employment.
The rate for the
Borough of Churchill is $52.00 annually.
Local Services Tax Employer
Withholding
A person subject to the Local Services Tax
shall be assessed $1.00 per week for each payroll period in which the person is
employed, beginning with the first payroll period.
Employer
Remittance of Collected Tax and Reporting of Collection Detail
Employers are required to remit the
Local Services Tax withheld from their employees and file a Local Services Tax
Quarterly Return thirty (30) days after the end of each quarter of a calendar
year. The Local Services Tax
Quarterly return shall list the name, address, social security number, physical
address of the place of employment, number of payroll periods for each Local
Services Tax withheld and the amount of Local Services Tax being remitted for
each employee. Check payments
should be made payable to the Borough of Churchill.
Self-Employed Individuals
Self-employed individuals and individuals whose employer
is not required to withhold local taxes for the Local Services Tax, the tax
should be paid by self-employed individuals on a quarterly basis, as if their
payroll period is a calendar quarter. Self-employed
taxpayers shall pay the Local Services Tax within thirty (30) days after the
end of each calendar quarter.
Exemptions to the Local Services
Tax
The Local Services Tax shall be no more than $52.00 on
each person for each calendar year, irrespective of the number of political
subdivisions within which a person may be employed.
The law requires municipalities who levy the Local Services
Tax at a rate exceeding $10.00 to exempt any person from the Local Services Tax
whose total earned income and net profits from all sources within the political
subdivision is less than $12,000 for the calendar year in which the Local
Services Tax is levied.
Each political subdivision levying the Local Services Tax
shall also exempt the following persons from the Local Services Tax:
(1)
Any person who is an honorably discharged veteran with 100% service-connected disability.
(2)
Any person on active duty.
A person seeking to claim an exemption from the Local Services
Tax must annually file an exemption certificate with the Borough of Churchill’s
office and file a copy of the certificate with the person’s employer affirming
that the person reasonably expects to receive earned income and net profits
from all sources of an amount less than $12,000 in the calendar year for which
the exemption certificate is filed.
INFORMATION IS
AVAILABLE ON THE
PENNSYLVANIA
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT (DCED) WEBSITE AT
www.newpa.com (FOLLOW
THE MENU STEPS – LOCAL GOVERNMENT SERVICES, LOCAL TAX INFO., LOCAL SERVICES
TAX.
The exemption certificate shall have attached to it a copy of
all the employee’s last pay stubs or W-2 forms from employment for the year
prior to the fiscal year for which the employee is requesting to be exempted
from the Local Services Tax.
Upon receipt of the exemption certificate, the employer shall
not withhold the tax from the person during the calendar or remainder of the
calendar year for which the exemption certificate applies.
With respect to a person who claimed an exemption from the Local Services Tax, upon notification to an employer by
the person that the person has received earned income and net profits from all
sources equal to or in excess of $12,000 in that calendar year, an employer
shall withhold the Local Services Tax from the person as follows:
If
a person who claimed an exemption for a given calendar year from the Local
Services Tax becomes subject to the tax for the calendar year, the employer
shall withhold the tax for the remainder of that calendar year.
The employer shall withhold from the person, for the first
payroll period after receipt of the notification under the above paragraph, a
lump sum equal to the amount of the tax that was not withheld from the person
due to the exemption certificate filed by the person, plus the per payroll
amount due for that first payroll period.
The amount of tax withheld per payroll period for the
remaining payroll periods in that calendar year shall be the same amount
withheld for other employees.
In the event the employment of a person subject to withholding
Local Services Tax under this exception is severed in that calendar year, the
person shall be liable for any outstanding balance of tax due and the political
subdivision levying the tax may pursue collection under this act.
Employers shall be responsible for retaining a copy of all
exemption certificates filed by employees within a given calendar year for a
minimum of three (3) years. Employers
who have failed to withhold the Local Services Tax from an employee or
employees, and do not have copies of the employee exemption certificate or
certificates, will be held responsible for the payment of the Local Services
Tax as if the tax had been originally levied against the employer.