Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 8710-K - Pass-through entity.(a)General rule.--If a pass-through entity has an unused tax credit under section 1707-K, the entity may elect, in writing, according to the department's procedures, to transfer all or a portion of the tax credit to shareholders, members or partners in proportion to the share of the entity's distributive income to which the shareholder, member or partner is entitled. (b)Limitations.-- (1) The credit provided under subsection (a) is in addition to any waterfront development tax credit to which a shareholder, member or partner of a pass-through entity is otherwise entitled under this article. However, a pass-through entity and a shareholder, member or partner of a pass-through entity may not claim a credit under this article for the same waterfront development project.(2) A shareholder, member or partner of a pass-through entity to whom credit is transferred under subsection (a) must immediately claim the credit in the taxable year in which the transfer is made.(3) The shareholder, member or partner may not carry forward, carry back, obtain a refund of or sell or assign the credit.Added by P.L. TBD 2016 No. 84, § 33, eff. 7/13/2016.