§ 8775-D. Carryover, carryback and assignment of tax credit
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 72 P.S. Taxation and Fiscal AffairsEffective: July 1, 2019
Effective: July 1, 2019
72 P.S. § 8775-D
Formerly cited as PA ST 72 P.S. § 8734-DFormerly cited as PA ST 12 Pa.C.S.A. § 3305
§ 8775-D. Carryover, carryback and assignment of tax credit
(a) General rule.--If a recipient cannot use the entire amount of a tax credit for the taxable year in which the tax credit is first approved, the excess may be carried over to succeeding taxable years and used as a tax credit against the qualified tax liability of the recipient for those taxable years. Each time the tax credit is carried over to a succeeding taxable year, the tax credit shall be reduced by the amount that was used as a credit during the immediately preceding taxable year. The tax credit may be carried over and applied to succeeding taxable years for no more than three taxable years following the first taxable year for which the recipient was entitled to claim the tax credit.
(b) Application.--A tax credit approved by the department in a taxable year first shall be applied against the recipient's qualified tax liability for the current taxable year as of the date on which the tax credit was approved before the tax credit can be applied against tax liability under subsection (a).
(3) Before an application is approved, the Department of Revenue must make a finding that the recipient has filed all required State tax reports and returns for all applicable taxable years and paid any balance of State tax due as determined at settlement, assessment or determination by the Department of Revenue.
(4) Notwithstanding any other provision of law, the Department of Revenue shall settle, assess or determine the tax of a taxpayer under this subsection within 60 days of the filing of all required final returns or reports in accordance with section 806.1(a)(5) of the act of April 9, 1929 (P.L. 343, No. 176),1 known as The Fiscal Code.
(f) Exception.--Notwithstanding any other provision of law to the contrary, a recipient which held a rehearsal after January 1, 2017, but before October 1, 2018, may use the tax credit granted to the recipient under this subarticle against the recipient's 2018 qualified tax liability or may sell or assign the tax credit granted to the recipient under this subarticle upon satisfaction of the recipient's 2018 qualified tax liability.
Credits
1971, March 4, P.L. 6, No. 2, art. XVII-D, § 1775-D, added 2017, Oct. 30, P.L. 672, No. 43, § 35, imd. effective. Amended 2019, June 28, P.L. 50, No. 13, § 13, effective July 1, 2019.
Footnotes
72 P.S. § 806.1.
72 P.S. § 8775-D, PA ST 72 P.S. § 8775-D
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document |