§ 8752-D. Definitions
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 72 P.S. Taxation and Fiscal AffairsEffective: July 13, 2016
Effective: July 13, 2016
72 P.S. § 8752-D
§ 8752-D. Definitions
<Section 51(6) of Act 2016, July 13, P.L. 526, No. 84, provides that the addition of Subarticles C and D of Article XVII-D by that Act shall apply to fiscal years beginning after June 30, 2016.>
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:
“Pass-through entity.” Any of the following:
(1) A partnership as defined in section 301(n.0).1
(3) An unincorporated entity subject to section 307.21.2
“Pennsylvania production expense.” Production expense incurred in this Commonwealth. The term includes:
(1) A payment made by a taxpayer to a person upon which withholding will be made on the payment by the taxpayer as required under Part VII of Article III.3
(2) Payment to a personal service corporation representing individual talent if the tax imposed by Article IV4 will be paid or accrued on the net income of the corporation for the taxable year.
(3) Payment to a pass-through entity representing individual talent if withholding will be made by the pass-through entity on the payment as required under Part VII or VII-A of Article III.5
(ii) The purchase is from an entity subject to taxation in this Commonwealth, and the transaction is subject to taxation under Article III or IV.6
“Production expense.” As follows:
(iii) Costs related to the sale or assignment of a video game production tax credit under section 1755-D(e).7
“Qualified tax liability.” The liability for taxes imposed under Article III, IV, VI, VII, VIII, IX or XV.8 The term does not include a tax withheld by an employer from an employee under Article III.
“Qualified video game production expense.” All Pennsylvania production expenses if Pennsylvania production expenses comprise at least 60% of the video game's total production expenses. The term does not include more than $1,000,000 in the aggregate of compensation paid to individuals or payment made to entities representing an individual for services provided in the production of the video game.
“Start date.” The first day of principal production of a video game in this Commonwealth.
“Tax credit.” The video game production tax credit provided under this subarticle.
“Taxpayer.” A video game production company subject to tax under Article III, IV or VI. The term does not include contractors or subcontractors of a video game production company.
“Video game.” An electronic game that involves interaction with a user interface to generate visual feedback on a video device. The term does not include a game that contains obscene material or performances as defined in 18 Pa.C.S. § 5903(b) (relating to obscene and other sexual materials and performances) or a game designed primarily for private, political, industrial, corporate or institutional purposes.
“Video game equipment.” Equipment that is required for the development or functioning of a video game. The term includes:
Credits
1971, March 4, P.L. 6, No. 2, art. XVII-D, § 1752-D, added 2016, July 13, P.L. 526, No. 84, § 30, imd. effective.
Footnotes
72 P.S. § 7301.
72 P.S. § 7307.21.
72 P.S. § 7316 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.
72 P.S. § 8755-D.
72 P.S. §§ 7301 et seq., 7401 et seq., 7601 et seq. (expired), 7701 et seq., 7801 et seq., 7901 et seq., 8501 et seq.
72 P.S. § 8752-D, PA ST 72 P.S. § 8752-D
Current through Act 11 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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