8402 - Scope and limitations.

     § 8402.  Scope and limitations.        (a)  General rule.--Except as provided in subsections (b),     (c), (d), (e) and (f) and section 8405 (relating to     applicability), it is the intent of this subpart to confer upon     each school district the power to levy, assess and collect an     earned income and net profits tax as set forth in this subpart.        (b)  Real estate transfer taxes.--This subpart does not     affect the powers of a school district to levy, assess and     collect a real estate transfer tax, including any real estate     transfer tax levied under the authority of section 652.1(a)(4)     of the act of March 10, 1949 (P.L.30, No.14), known as the     Public School Code of 1949.        (c)  Amusement and admissions taxes.--            (1)  Any school district which has on or before June 30,        1997, levied, assessed or collected or provided for the        levying, assessment or collection of an amusement or        admissions tax may continue to levy, assess and collect the        tax on such subjects upon which the tax was imposed as of        June 30, 1997. Neither the rate imposed nor amount collected        shall exceed the rate imposed or amount collected by the        school district for the fiscal year ending in 1997. A school        district which did not assess, levy or collect an amusement        or admissions tax as of June 30, 1997, may not assess, levy        or collect the tax. The provisions as set forth in section        8(6), (9), (10) and (11) of the Local Tax Enabling Act shall        remain in effect, other than the limitations as set forth in        this paragraph. This paragraph shall apply regardless of        whether there is an election by the school district under        section 8703(a) (relating to adoption of referendum).            (2)  Any municipality which has on or before December 31,        1997, levied, assessed or collected or provided for the        levying, assessment or collection of an amusement or        admissions tax under the Local Tax Enabling Act may continue        to levy, assess and collect the tax on such subjects upon        which the tax was imposed by the municipality as of December        31, 1997, at a rate not to exceed the effective rate as        collected by the municipality as of December 31, 1997, or 5%,        whichever is greater. A municipality which did not assess,        levy or collect an amusement or admissions tax as of December        31, 1997, may not assess, levy or collect the tax at a rate        higher than 5%. The provisions as set forth in section 8(6),        (9), (10) and (11) of the Local Tax Enabling Act shall remain        in effect, other than the reduction in rate as set forth in        this paragraph.        (d)  Mercantile tax.--Nothing in this subpart shall limit or     modify any mercantile or business privilege tax on gross     receipts as limited by section 533 of the act of December 13,     1988 (P.L.1121, No.145), known as the Local Tax Reform Act.        (e)  Sign or sign privilege tax.--Any political subdivision     which has on or before December 31, 1997, assessed, levied or     collected an annual sign tax or annual sign privilege tax or     provided for the levying, assessment or collection of such tax     may continue to levy, assess and collect such tax on such     subjects upon which the tax was imposed at a rate not to exceed     that imposed by the political subdivision as of December 31,     1997. A political subdivision which did not assess, levy or     collect an annual sign tax or annual sign privilege tax as of     December 31, 1997, may not assess, levy or collect such tax.     This subsection shall apply regardless of whether there is an     election under section 8703(a).        (f)  Motor vehicle transfer tax.--Any political subdivision     that did not assess, levy or collect a tax on the transfer of     motor vehicles or on the privilege of transferring motor     vehicles as of December 31, 1997, shall not assess, levy or     collect such tax. This subsection shall apply regardless of     whether there is an election under section 8703(a). This     subsection shall neither apply to nor affect any mercantile or     business privilege tax on gross receipts as limited by section     533 of the Local Tax Reform Act.        Effective Date.  Section 12(1) of Act 50 of 1998 provided     that subsecs. (c), (e) and (f) shall take effect immediately.        Cross References.  Section 8402 is referred to in section     8701 of this title.