§ 8912-D. Extension for new job creation or new capital investment
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 72 P.S. Taxation and Fiscal AffairsEffective: July 8, 2022
Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 72 P.S. Taxation and Fiscal Affairs
Chapter 5. Tax Reform Code of 1971 (Refs & Annos)
Article XIX-D. Keystone Opportunity Zones, Keystone Opportunity Expansion Zones and Keystone Opportunity Improvement Zones (Refs & Annos)
Part II. Keystone Opportunity Zones (Refs & Annos)
Effective: July 8, 2022
72 P.S. § 8912-D
§ 8912-D. Extension for new job creation or new capital investment
(2) All exemptions, deductions, abatements and credits authorized under Chapter 5 of the KOZ Act1 shall be extended to the continued parcel for an additional period of 10 years following the expiration date of the existing keystone opportunity zone, keystone opportunity expansion zone or keystone opportunity improvement zone or subzone.
(a.1) Affiliates.--If an affiliate of a qualified business whose individual or joint extension application under subsection (a) was approved and the affiliate locates within an extended parcel before the expiration of the certification issued under subsection (b)(3), the affiliate is entitled to the tax exemptions, deductions, abatements or credits specified under this section, provided the affiliate meets the requirements of section 307(a) of the KOZ Act.2
(1) In order to receive approval under subsection (a)(1), the department must receive an application from one or more qualified businesses located within the zone or subzone no later than three months prior to the expiration date of the existing zone or subzone. The application shall include all information required by the department as set forth in guidelines to be published by the department.
(3) The department, in consultation with the Department of Revenue, shall review the application and, if approved, issue a certification of all tax exemptions, deductions, abatements or credits authorized under Chapter 5 of the KOZ Act for the extended parcel within three months of receipt of the application, subject to the requirements of this section. If the department determines that all qualifications and requirements under this section and the KOZ Act have been met, a certification for the extension period shall be issued within 90 days of receipt of the application.
(2) For an applicant with multiple parcels that will expire during the time periods under subsection (e), in order to receive certification under paragraph (1), the applicant must commit that between the effective date of this paragraph and three years following the date of certification of the initial parcel applied for, the applicant shall:
(3) Each qualified business that fails to meet the requirements of paragraph (2) shall refund to the Commonwealth the amount of the exemptions, deductions, abatements and credits under Chapter 5 of the KOZ Act which were received by that business during the three years following receipt of the certification under paragraph (1).
(2) If the qualified business that is a sole applicant removes itself from the extended parcel or parcel prior to the expiration of the extension and no affiliate remains within the continued parcel, the extension shall expire upon the date of departure of that qualified business. If one or more affiliates remain within the extended parcel, the extension shall expire upon the date of departure of the last remaining affiliate or upon the expiration of the extension date, whichever occurs first.
(3) If two or more qualified businesses submitted an application under subsection (a) as joint applicants and all the joint applicants remove themselves from the parcel prior to the expiration of the extension and no affiliate of a joint applicant is located on or remains within the extended parcel, the extension shall expire upon the date of departure of the last qualified business. If one or more affiliates remain, the extension shall expire upon the departure date of the last remaining affiliate or upon the expiration of the extension date, whichever occurs first.
(2) This section does not apply to exemptions, deductions, abatements or credits authorized under Chapter 7 of the KOZ Act,3 and the department may not require that the qualified political subdivision in which the continued parcel or parcels are located approve any application submitted under subsection (b).
“Affiliate.” A person who directly or indirectly:
“Person.” As defined under 1 Pa.C.S. § 1991 (relating to definitions).
Credits
1971, March 4, P.L. 6, No. 2, art. XIX-D, § 1912-D, added 2016, July 13, P.L. 526, No. 84, § 43, imd. effective. Amended 2022, July 8, P.L. 513, No. 53, § 13, imd. effective.
72 P.S. § 8912-D, PA ST 72 P.S. § 8912-D
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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