A recipient which claims a tax credit and fails to incur the amount of qualified rehearsal and tour expenses agreed to under section 3203(d)(4) (relating to procedure) for a tour in that taxable year shall repay to the Commonwealth an amount equal to 110% of the difference between the amount agreed to under section 3203(d)(4) and the amount of qualified rehearsal and tour expenses actually incurred by the recipient. The penalty shall be assessed and collected under Article II of the Tax Reform Code.
12 Pa.C.S. § 3209