§ 19-1501.  Definitions.
   (1)   Business. An enterprise, activity, profession or undertaking of any nature conducted for profit or ordinarily conducted for profit, whether by an individual, co-partnership, association, governmental 285 body or unit or agency, or any other entity.
   (2)   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.
   (3)   Employer. An individual, co-partnership, 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.
   (4)   Low Income Non-Residents. Non-Residents who are entitled to refund and/or forgiveness of taxes pursuant to State Low-Income Tax Provisions, including those who are eligible for the maximum refund and/or forgiveness available and those who are entitled to less than the maximum percentage amount. 286
   (5)   Low Income Residents. Residents who are entitled to refund and/or forgiveness of taxes pursuant to State Low-Income Tax Provisions, including those who are eligible for the maximum refund and/or forgiveness available and those who are entitled to less than the maximum percentage amount. 287
   (6)   Net Profits. 288 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.
   (7)   Non-resident. 289 An individual, co-partnership, association, corporation or any other entity domiciled outside the City.
   (8)   Person. 290 Every individual, co-partnership, fiduciary or association.
   (9)   Resident. 291 An individual, co-partnership, association, corporation or any other entity domiciled in the City.
   (10)   Salaries, Wages, Commissions and Other Compensation. 292 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 compensation paid to any person for active service in the Army, Navy or Air Force of the United States, or to a member of the National Guard for active federal duty; 293
      (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; 294
      (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 295 ascertainable fair market value when granted, shall not be taxable under this Chapter; 296
      (g)   Certain tuition benefits, as follows: 297
         (.1)   Qualified tuition reduction benefits.
         (.2)   Tuition benefits that:
            (.a)   Are provided to its employees by a not-for-profit healthcare system and its not-for-profit affiliates that are wholly (one hundred percent (100%)) owned and controlled, directly or indirectly, by a not-for- profit university; and
            (.b)   Would qualify as qualified tuition reduction benefits if such not-for-profit healthcare system and its not-for-profit affiliates were part of such university.
         (.3)   Reimbursements by an employer of an employee's educational expenses relating to education required by the employer to maintain the employee's employment status or compensation level, including any education required by the Commonwealth to retain a professional license or certification relating to the employee's position. The employer must certify any such requirement in such manner as the Department shall determine.
         (.4)   For purposes of this subsection (g), the following definition applies:
            (.a)   Qualified tuition reduction benefits. As defined in Section 117(d) of the Internal Revenue Code (26 U.S.C. § 117(d)), as amended from time to time.
   (11)   State Low-Income Tax Provisions. The state law provisions for refund and forgiveness of Commonwealth taxes based on poverty income set forth in Section 304 of the Tax Reform Code of 1971 (Act of March 4, 1971, P.L. 6, No. 2), as added by the Act of March 13, 1974 (P.L. 179, No. 32), 72 P.S. § 7304, and as amended from time to time. 298
   (12)   Reserved. 299
   (13)   Reserved. 300

 

Notes

285
   Enrolled bill read "governmenal".
286
   Added, Bill No. 040397 (became law June 10, 2004); deleted, Bill No. 080161 (approved May 22, 2008); added, Bill No. 140140 (approved June 17, 2014).
287
   Added, Bill No. 040397 (became law June 10, 2004); deleted, Bill No. 080161 (approved May 22, 2008); added, Bill No. 140140 (approved June 17, 2014).
288
   Renumbered, Bill No. 040397 (became law June 10, 2004).
289
   Renumbered, Bill No. 040397 (became law June 10, 2004).
290
   Renumbered, Bill No. 040397 (became law June 10, 2004).
291
   Renumbered, Bill No. 040397 (became law June 10, 2004).
292
   Renumbered, Bill No. 040397 (became law June 10, 2004).
293
   Amended, Bill No. 050741 (approved December 15, 2005).
294
   Added, 1975 Ordinances, p. 1318; amended, 1980 Ordinances, p. 932; amended, 1981 Ordinances, p. 269.
295
   Enrolled Bill No. 000354 read "really".
296
   Added, Bill No. 000354 (approved September 14, 2000). Section 2 of Bill No. 000354 provides: "The provisions of subsection 19-1501(8)(f) of The Philadelphia Code, as added by Section 1 of this Ordinance, exempting certain stock options from tax, shall apply only to stock options that are granted after the date this Ordinance takes effect, and to stock options that are exercised, exchanged, sold or otherwise disposed of, on or after the date this Ordinance takes effect."
297
   Added, Bill No. 060766 (approved January 23, 2007).
298
   Added, Bill No. 040397 (became law June 10, 2004); deleted, Bill No. 080161 (approved May 22, 2008); added, Bill No. 140140 (approved June 17, 2014).
299
   Added, Bill No. 040397 (became law June 10, 2004); deleted, Bill No. 080161 (approved May 22, 2008).
300
   Added, Bill No. 040397 (became law June 10, 2004); deleted, Bill No. 080161 (approved May 22, 2008).