72 Pa. Stat. § 8806-G

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 8806-G - Sale or assignment.
(a) Application.--A taxpayer, upon application to and approval by the department, may sell or assign, in whole or in part, a manufacturing tax credit granted to the taxpayer. The following shall apply:
(1) The department and the Department of Revenue shall jointly issue guidelines for the approval of applications under this paragraph.
(2) Before an application is approved, the Department of Revenue must make a finding that the applicant has filed all required State tax reports and returns for all applicable taxable years and paid any balance of State tax due as determined at settlement, assessment or determination by the Department of Revenue.
(3) Notwithstanding any other provision of law, the Department of Revenue must settle, assess or determine the tax of an applicant under this paragraph within 90 days of the filing of each required final return or report in accordance with section 806.1(a)(5) of the act of April 9, 1929 (P.L.343, No.176), known as The Fiscal Code.
(b)Use by purchaser or assignee.--The purchaser or assignee of all or a portion of a manufacturing tax credit under subsection (a) must immediately claim the credit in the taxable year in which the purchase or assignment is made.
(1) The amount of the manufacturing tax credit that a purchaser or assignee may use against any one qualified tax liability may not exceed 50% of the qualified tax liability for the taxable year.
(2) The purchaser or assignee may not carry forward, carry back or obtain a refund of or sell or assign the manufacturing tax credit.
(3) The purchaser or assignee shall notify the Department of Revenue of the seller or assignor of the manufacturing tax credit in compliance with procedures specified by the Department of Revenue.

72 P.S. § 8806-G

Added by P.L. TBD 2016 No. 84, § 38.1, eff. 7/13/2016.