§19-2802. Definitions.
(1)
"Authority." The Pennsylvania
Intergovernmental Cooperation Authority established in the
Act.
(2)
"Bond." A note, bond, refunding note and bond, interim
certificate, debenture and other evidence of indebtedness or obligation which an
authority is authorized to issue pursuant to the
Act.
(3)
"Business." An enterprise, activity, profession or
undertaking of any nature conducted for profit or ordinarily conducted for
profit, whether by an individual, copartnership, association, governmental body
or unit or agency, or any other entity.
(4)
"Department." The
Department of Revenue of the Commonwealth or its agents, tax officers, clerks,
collectors and other assistants, including revenue and legal departments of the
City of Philadelphia. For purpose of complying with the provisions of this
Chapter, the Revenue Department of the City is the authorized agent of the
Department of Revenue of the Commonwealth for the collection of taxes imposed
hereunder.
(5)
"Employee." Any person who renders services to
another for a consideration or its equivalent, under an express or implied
contract, and who is under the control and direction of the latter, including
temporary, provisional, casual or part-time
employment.
(6)
"Employer." An individual, copartnership,
association, corporation, governmental body or unit or agency, or any other
entity, who or that employs one or more persons on a salary, wage, commission or
other compensation basis.
(7)
"Net Profits." The net gain from the
operation of a business, profession or enterprise, after provision for all
allowable costs and expenses incurred in the conduct thereof, either paid or
accrued in accordance with the accounting system used, without deduction of
taxes based on income.
(8)
"Obligee of the Authority." Any holder
or owner of any bond of the Pennsylvania Intergovernmental Cooperation Authority
or any trustee or other fiduciary for any such holder or any provider of a
letter of credit, policy of municipal bond insurance or other credit enhancement
or liquidity facility for bonds of the authority.
(9)
"Person."
Every individual, co-partnership, fiduciary or
association.
(10)
"Resident." An individual, co-partnership,
association, corporation or any other entity domiciled in the
City.
(11)
"Salaries, Wages, Commissions and Other Compensation."
All salaries, wages, commissions, bonuses, incentive payments, fees and tips
that may accrue or be received by an individual, whether indirectly or through
an agent and whether in cash or in property, for services rendered, but
excluding:
(a) periodical payments for sick or disability benefits and
those commonly recognized as old age benefits;
(b) retirement pay, or
pensions paid to persons retired from service after reaching a specific age or
after a stated period of employment;
(c) any wages or commissions paid
by the United States to any person for active service in the Army, Navy or Air
Force of the United States;
(d) any bonus or additional compensation
paid by the United States, this Commonwealth, or any other state for such
service;
(e) any statutory per diem compensation paid any witness or
juror, or member of the District Election Board.
(f) Stock options
which do not have a readily ascertainable fair market value, as defined by 26
C.F.R. § 1.83-7(b), on the date the stock option is granted. Stock options
which do have a readily ascertainable fair market value on the date the stock
option is granted shall be considered as compensation in the amount of such
value and received on such date. If an employee is offered the choice of
receiving compensation in cash or compensation in stock options, and chooses
stock options, then such stock options shall be deemed to have a readily
ascertainable fair market value equal to the amount of cash that was offered.
Any amount that would otherwise be considered as compensation arising from the
exercise, exchange, sale or disposition of stock options, whether or not they
had a readily ascertainable fair market value when granted, shall not be taxable
under this
Chapter.
[373] (12) "
Taxpayer."
Any person required by this Chapter to file a return or to pay a
tax.