Employee of a single company. A person who represents a single insurance company is subject to tax hereunder unless he:
is considered by the company to be its employee; and
does not employ solicitors, subagents or other persons to whom he pays salaries,
commissions or other compensation in connection with insurance business solicited. SECTION 319. THEATERS AND MOTION PICTURE HOUSES.
Persons operating theaters or motion picture houses in Philadelphia, whether as owner or lessee, are required to report as gross receipts the entire box receipts, less admissions taxes collected. No deduction may be taken for commissions, house or film rentals, or any other expenses paid or incurred in connection with exhibitions. Receipts from other sources, such as revenue from the sale of candies, drinks, cigarettes, etc., and commission received on public telephone booths and vending machines, must also be included in the tax base.
SECTION 320. DIVIDENDS.
Except as otherwise provided, where a taxpayer, whether a domestic or foreign corporation or any other type of business entity, maintains its commercial domicile in Philadelphia, all dividends are to be included in the measure of the tax, unless attributable to business conducted at a place of business regularly maintained by the taxpayer outside of Philadelphia. Where the commercial domicile of the taxpayer is located outside of Philadelphia, such receipts are to be excluded unless attributable to business conducted at a place of business regularly maintained by the taxpayer within Philadelphia.
A dividend received in additional stock of the declaring corporation is not to be included in the tax base by a person subject to the provisions of the Business Privilege Tax Ordinances, unless it gives the stockholder an interest different from that represented by his former stockholding. Common stock issued on common stock of the same class, rights and priorities shall be excluded from the tax base, but common stock or preferred stock received as a dividend on preferred stock, or preferred stock received as a dividend on common stock, is subject to inclusion therein at the fair market value thereof.
Dividends received in partial or complete liquidation of a corporation shall be included in the measure of the tax to the extent of the gain realized on the investment. If a loss is sustained, it may not be offset against gross receipts derived from other sources.