(a) Amounts.--By the October 15 following the baseline year, and each year thereafter, the department shall do all of the following for each qualified business within a zone for the prior calendar year:
(1) Subject to paragraph (1.1), make the following calculation for qualified businesses which file State zone reports under section 1809-C(a),1 separately for each business:
(i) Subtract:
(A) the amount of eligible State tax refunds received; from
(B) the amount of eligible State tax paid.
(ii) Except as set forth in subparagraph (iii), subtract:
(A) the State tax baseline amount for the business; from
(B) the difference under subparagraph (i).
(iii) If the difference under subparagraph (ii) is a negative number, state the difference as zero.
(1.1) Make the following calculation for a qualified business subject to section 1810-C(b)(1)2 separately for each business:
(i) Subtract:
(A) the amount of State eligible tax refunds received; from
(B) the amount of State eligible tax paid.
(ii) Except as set forth in subparagraph (iii), subtract:
(A) the State tax baseline amount for the business; from
(B) the difference under subparagraph (i).
(iii) If the difference under subparagraph (ii) is a negative number, state the difference as zero.
(2) Certify to the office the sum derived from adding paragraph (1) to paragraph (1.1).
(b) Content.--
(1) The certification may include the following:
(i) Adjustment made to timely filed zone reports by the department for State eligible tax actually paid by a qualified business in the prior calendar year.
(ii) State eligible tax refunds paid to a qualified business in the zone in a prior calendar year.
(iii) State tax penalties paid by a qualified business in the prior year under section 1809-C(c).
(2) The certification shall not include the following:
(i) Tax paid by a qualified business that did not file a timely State zone report under section 1809-C(a).
(ii) Tax paid by a qualified business whose tax was not included in the State tax baseline amount calculation under section 1810-C.
(iii) Tax paid by a qualified business not appearing on a timely filed list under section 1807-C(a).3
(3) The department shall request documentation regarding State eligible taxes paid or refunds received from the agency required to collect the taxes or issue the refunds before requiring such documentation from the qualified business. Instructions issued by the department after the effective date of this section shall include a statement that the qualified business will not be required to submit supporting documentation with the qualified business's request for certification under this article. Nothing in this paragraph shall prohibit the department from auditing reports submitted by qualified businesses for compliance with this article.
(c) Submission.--The following shall apply:
(1) An entity collecting a local eligible tax within the zone for each qualified business which files a zone report under section 1809-C(b) shall, by October 15 following the baseline year and each year thereafter, submit the following to the State Treasurer for transfer to the fund:
(i) The local eligible tax collected in the prior calendar year.
(ii) Less the amount of local eligible tax refunds issued in the prior calendar year.
(iii) Less the amount of local baseline tax amount.
(iv) If the difference under subparagraph (iii) is a negative number, state the difference as zero.
(2) The information under this subsection shall also be certified by the local taxing authority to the Department of Community and Economic Development, the office and the department.
(d) Confidential report.--No later than October 15 of the baseline year and each year thereafter, the department and the local taxing authority shall provide the contracting authority with a report detailing the baseline tax amount for each qualified business and the amount of eligible tax paid by each qualified business. The report shall be confidential and shall not be publicly accessible under the act of February 14, 2008 (P.L. 6, No. 3),4 known as the Right-to-Know Law.
