§ 8772-D. Definitions
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 72 P.S. Taxation and Fiscal AffairsEffective: July 1, 2021
Effective: July 1, 2021
72 P.S. § 8772-D
Formerly cited as PA ST 72 P.S. § 8731-DFormerly cited as PA ST 12 Pa.C.S.A. § 3302
§ 8772-D. Definitions
The following words and phrases when used in this subarticle shall have the meanings given to them in this section unless the context clearly indicates otherwise:
“Class 1 venue.” A stadium, arena, other structure or property owned by a municipality or an authority formed under Article XXV-A of the act of July 28, 1953 (P.L. 723, No. 230),1 known as the Second Class County Code, at which concerts are performed and which is all of the following:
(1) Located in a city of the first class or a county of the second class.
(2) Constructed in a manner in which the venue has a seating capacity of at least 14,000.
“Class 2 venue.” A stadium, arena or other structure at which concerts are performed and which is all of the following:
(1) Located outside the geographic boundaries of a city of the first class or a county of the second class.
(2) Constructed in a manner in which the venue has a seating capacity of at least 6,000.
“Class 3 venue.” A stadium, arena or other structure which is any of the following:
(1) Located within a neighborhood improvement zone, as defined in section 1902-B.2
(2) Owned by or affiliated with a State-related institution as defined in 62 Pa.C.S. § 103 (relating to definitions).
(3) Owned by the Commonwealth and affiliated with the State System of Higher Education.
“Concert.” A live performance of music in the presence of individuals who view the performance.
“Concert tour equipment.” Includes stage, set, scenery, design elements, automation, rigging, trusses, spotlights, lighting, sound equipment, video equipment, special effects, cases, communication devices, power distribution equipment, backline, personal protective equipment and other miscellaneous equipment or supplies used during a concert or rehearsal.
“Department.” The Department of Community and Economic Development of the Commonwealth.
“Maintained a place of business” or “maintaining a place of business.” All of the following:
(1) Having, maintaining or using within this Commonwealth an office, warehouse or other place of business.
(2) Regularly engaging in an activity as a business within this Commonwealth in connection with the lease, sale or delivery of tangible personal property or the performance of a service for residents of this Commonwealth.
“Minimum rehearsal and tour requirements.” During a tour, all of the following must occur:
(1) The purchase or rental of concert tour equipment delivered to a location in this Commonwealth, in an amount of at least $3,000,000, from companies located and maintaining a place of business in this Commonwealth for use on the tour.
(2) A rehearsal at a qualified rehearsal facility for a minimum of 10 days.
(3) At least one concert performed at a class 1 venue.
(4) At least one concert performed at a venue which is located in a municipality other than the municipality in which the class 1 venue under paragraph (3) is located.
(5) The taxpayer shall maintain a place of business in this Commonwealth or employ a representative for the period beginning with the start date and ending with the award of tax certificates under section 1773-D(e).3
“Pass-through entity.” Any of the following:
(1) A partnership as defined in section 301(n.0).4
(2) A Pennsylvania S corporation as defined in section 301(n.1).
(3) An unincorporated entity subject to section 307.21.5
“Pennsylvania live events industry.” A qualified rehearsal facility, vendors of concert tour equipment located and maintaining a place of business in this Commonwealth, venues located in this Commonwealth and any promoter of live performances located and maintaining a place of business in this Commonwealth.
“Pennsylvania rehearsal and tour expenses.” The sum of Pennsylvania rehearsal expenses and tour expenses. The term includes Pennsylvania rehearsal expenses and tour expenses paid prior to or during a rehearsal or tour.
“Pennsylvania rehearsal expense.” A rehearsal expense which is incurred or will be incurred within this Commonwealth. The term includes:
(1) A payment which is made or will be made by a recipient to a person upon which withholding will be made on the payment by the recipient as required under Part VII of Article III6 or a payment which is made or will be made to a person who is required to make estimated payments under Part VIII of Article III.7
(2) A payment which is made or will be made to a personal service corporation representing individual talent if the tax imposed by Article IV8 will be paid or accrued on the net income of the corporation for the taxable year.
(3) A payment which is made or will be made to a pass-through entity representing individual talent for which withholding will be made by the pass-through entity on the payment as required under Part VII or VII-A of Article III.9
“Personal protective equipment.” Includes equipment, services and supplies necessary to screen, test, shield or protect performers or individuals from health pathogens during a rehearsal, streaming performance or tour. The term includes costs associated with cleaning and disinfecting qualified rehearsal facilities and venues used on a tour and costs associated with complying with safety-protocols established to combat COVID-19 and other health pathogens.
“Qualified rehearsal and tour expense.” All Pennsylvania rehearsal and tour expenses if Pennsylvania rehearsal expenses comprise or will comprise at least 60% of the total rehearsal expenses. The term shall not include more than $2,000,000 in the aggregate of compensation paid or to be paid to individuals or payment made or to be made to entities representing an individual for services provided in the tour.
“Qualified rehearsal facility.” A rehearsal facility which meets at least six of the following criteria:
(1) Has had a minimum of $8,000,000 invested in the rehearsal facility in land or structure, or a combination of land and structure.
(2) Has a permanent grid system with a capacity of 1,000,000 pounds.
(3) Has a built-in power supply system available at a minimum of 3,200 amps without the need for supplemental generators.
(4) Has a height from floor to permanent grid of a minimum of 80 feet.
(5) Has at least two sliding or roll-up access doors with a minimum height of 14 feet.
(6) Has a perimeter security system which includes 24-hour, seven-days-a-week security cameras and the use of access control identification badges.
(7) Has a service area with production offices, catering and dressing rooms with a minimum of 5,000 square feet.
(8) Is located within one mile of a minimum of two companies which provide concert tour equipment for use on a tour.
“Qualified tax liability.” The liability for taxes imposed under Article III, IV, VI, VII or IX.10 The term does not include tax withheld by an employer from an employee under Article III.
“Recipient.” A taxpayer that has been awarded a tax credit under section 1773-D(e) or 1782-D(e).11
“Rehearsal.” An event or series of events which occur in preparation for a tour prior to the start of the tour or during a tour when additional preparation may be needed.
“Rehearsal expense.” All of the following when incurred or will be incurred during a rehearsal:
(6.2) The cost of ground transportation of concert tour equipment for an entire tour if the ground transportation is purchased or will be purchased from a transportation company maintaining a place of business in this Commonwealth and is provided or will be provided by a resident of this Commonwealth.
“Rehearsal facility.” As follows:
“Representative.” A person that meets all of the following criteria:
“Start date.” The date the first set of concert tour equipment arrives or is expected to arrive at a qualified rehearsal facility.
“Streaming performance.” A live performance which is performed at a qualified rehearsal facility to be remotely viewed by individuals. The term includes streaming and broadcasting of a performance.
“Tax credit.” The concert rehearsal and tour tax credit as provided under this subarticle.
“Taxpayer.” A musical performer or performers or a concert tour management company of a musical performer or performers subject to tax under Article III, IV or VI. The term does not include contractors or subcontractors of a musical performer or performers or of a concert tour management company of a musical performer or performers. For fiscal years beginning July 1, 2021, and ending June 30, 2023, the term also includes a management company of a professional sports league, a news broadcasting station, a production company, a creative agency or a broadcaster, subject to tax under Article III or IV.
“Tour.” A series of concerts performed or to be performed by a musical performer in more than one location. The term includes at least one rehearsal. For fiscal years beginning July 1, 2021, and ending June 30, 2023, the term also includes a streaming performance.
“Tour expense.” As follows:
(i) A payment which is made or will be made by a recipient to a person upon which withholding will be made on the payment by the recipient as required under Part VII of Article III or a payment which is made or will be made to a person who is required to make estimated payments under Part VIII of Article III.
(ii) The cost of transportation of people which is incurred or will be incurred while transporting to or from a train station, bus depot, airport or other transportation facility or while transporting directly from a residence or business entity located in this Commonwealth, or which is incurred or will be incurred for transportation provided by a company which is subject to the tax imposed under Article III or IV.
(iii) The cost of leasing vehicles upon which the tax imposed by Article II12 will be paid or accrued.
(1.1) The cost of concert tour equipment not used during rehearsal but used for an entire tour if the concert tour equipment is purchased or will be purchased from a company maintaining a place of business in this Commonwealth and subject to the tax imposed under Article III or IV. The term includes the cost of personal protective equipment which is purchased or will be purchased from a company located within this Commonwealth and used on the tour.
“Venue.” A class 1, class 2 or class 3 venue. For fiscal years beginning July 1, 2021, and ending June 30, 2023, the term also includes a qualified rehearsal facility when used for a streaming performance.
Credits
1971, March 4, P.L. 6, No. 2, art. XVII-D, § 1772-D, added 2017, Oct. 30, P.L. 672, No. 43, § 35, imd. effective. Amended 2019, June 28, P.L. 50, No. 13, § 12, effective July 1, 2019; 2021, June 30, P.L. 124, No. 25, § 17, eff. July 1, 2021.
Footnotes
16 P.S. § 5501-A et seq.
72 P.S. § 8902-B.
72 P.S. § 8773-D.
72 P.S. § 7301.
72 P.S. § 7307.21.
72 P.S. § 7316 et seq.
72 P.S. § 7325 et seq.
72 P.S. § 7401 et seq.
72 P.S. §§ 7316 et seq., 7324 et seq.
72 P.S. §§ 7301 et seq., 7401 et seq., 7601 et seq. (expired), 7701 et seq., 7901 et seq.
72 P.S. § 8773-D or 8782-D.
72 P.S. § 7201 et seq.
72 P.S. § 8772-D, PA ST 72 P.S. § 8772-D
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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