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§ 8904-A. Tax credit

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 72 P.S. Taxation and Fiscal AffairsEffective: July 1, 2019

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-a. Neighborhood Assistance Tax Credit (Refs & Annos)
Effective: July 1, 2019
72 P.S. § 8904-A
§ 8904-A. Tax credit
(a) Any business firm which engages or contributes to a neighborhood organization which engages in the activities of providing neighborhood assistance, comprehensive service projects, affordable housing, domestic violence or veterans' housing assistance, job training or education for individuals, community services, youth and adolescent development services or crime prevention in an impoverished area or private company which makes qualified investment to rehabilitate, expand or improve buildings or land located within portions of impoverished areas which have been designated as enterprise zones shall receive a tax credit as provided in section 1905-A if the secretary annually approves the proposal of such business firm or private company. The proposal shall set forth the program to be conducted, the impoverished area selected, the estimated amount to be invested in the program and the plans for implementing the program.
(b) The secretary is hereby authorized to promulgate rules and regulations for the approval or disapproval of such proposals by business firms or private companies. The secretary shall provide a report listing of all applications received and their disposition in each fiscal year to the General Assembly by October 1 of the following fiscal year. The secretary's report shall include all taxpayers utilizing the credit and the amount of credits approved, sold or assigned. Notwithstanding any law providing for the confidentiality of tax records, the information in the report shall be public information, and all report information shall be posted on the secretary's Internet website.
(b.1) The secretary shall take into special consideration, when approving applications for neighborhood assistance tax credits, applications which involve:
(1) multiple projects in various markets throughout this Commonwealth;
(2) charitable food programs; and
(3) youth and adolescent development services.
(b.2) The secretary, in cooperation with the Department of Agriculture, shall promulgate guidelines for the approval or disapproval of applications for tax credits by business firms that contribute food or money to charitable food programs.
(b.3) The secretary, in cooperation with the Department of Military and Veterans Affairs, shall promulgate guidelines for the approval or disapproval for tax credits by business firms that contribute to veterans' housing assistance.
(c) The total amount of tax credit granted for programs approved under this act shall not exceed thirty-six million dollars ($36,000,000) of tax credit in any fiscal year.
(c.1) No more than two million dollars ($2,000,000) of the total amount of tax credit available under subsection (c) shall be used for youth and adolescent development services.
(d) A taxpayer, upon application to and approval by the Department of Community and Economic Development, may sell or assign, in whole or in part, a neighborhood assistance tax credit granted to the business firm under this article if no claim for allowance of the credit is filed within one year from the date the credit is granted by the Department of Revenue under section 1905-A. The Department of Community and Economic Development and the Department of Revenue shall jointly promulgate guidelines for the approval of applications under this subsection.
(e) The purchaser or assignee of a neighborhood assistance tax credit under subsection (d) shall immediately claim the credit in the taxable year in which the purchase or assignment is made. The purchaser or assignee may not carry over, carry back, obtain a refund of or sell or assign the neighborhood assistance tax credit. The purchaser or assignee shall notify the Department of Revenue of the seller or assignor of the neighborhood assistance tax credit in compliance with procedures specified by the Department of Revenue.
(f) The neighborhood assistance tax credit approved by the Department of Community and Economic Development shall be applied against the business firm's tax liability for the taxes under section 1905-A for the current taxable year as of the date on which the credit was approved before the neighborhood assistance tax credit may be carried over, sold or assigned.

Credits

1971, March 4, P.L. 6, No. 2, art. XIX-A, § 1904-A, added 1994, June 16, P.L. 279, No. 48, § 30, effective July 1, 1994. Amended 1995, June 30, P.L. 139, No. 21, § 14, effective July 1, 1995; 1997, May 7, P.L. 85, No. 7, § 26, effective July 1, 1997; 1998, April 23, P.L. 239, No. 45, § 14, effective July 1,1998; 2007, July 25, P.L. 373, No. 55, § 9, imd. effective; 2012, July 2, P.L. 751, No. 85, § 21, imd. effective; 2016, July 13, P.L. 526, No. 84, § 38.3, imd. effective; 2018, Oct. 24, P.L. 675, No. 100, § 2, effective July 1, 2019; 2019, June 28, P.L. 50, No. 13, § 19.3, effective July 1, 2019.
72 P.S. § 8904-A, PA ST 72 P.S. § 8904-A
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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