Document Citation: 53 P.S. § 18200.902

Header:

PENNSYLVANIA STATUTES
TITLE 53. MUNICIPAL AND QUASI-MUNICIPAL CORPORATIONS
PART II. CITIES OF THE FIRST CLASS
CHAPTER 47. FIRST CLASS CITIES ECONOMIC DEVELOPMENT DISTRICT ACT
CHAPTER 9. ADMINISTRATION OF TAX PROVISIONS

Date:
08/31/2009

Document:

§ 18200.902. Recapture

(a) GENERAL RULE.-- If a qualified business located within an economic development district has received an exemption, deduction, abatement or credit under this act and subsequently relocates outside of the economic development district during the period the property is designated an economic development district, the business shall refund to the Commonwealth and the qualified political subdivisions which granted the exemption, deduction, abatement or credit, in accordance with the following:

(1) If the qualified business relocates within three years from the
date of first locating in the economic development district, 75% of all
the exemptions, deductions, abatements or credits attributed to the
qualified business's participation in the economic development district
shall be refunded to the Commonwealth and the qualified political
subdivisions.

(2) If a qualified business relocates within four to seven years from
the date of first locating in the economic development district, 50% of
all exemptions, deductions, abatements or credits attributed to the
qualified business's participation in the economic development district
shall be refunded to the Commonwealth and the qualified political
subdivisions.

(3) If the qualified business was located within a facility operated by
a nonprofit organization for food distribution, no exemption,
deduction, abatement or credit shall be refunded.

(b) WAIVER.-- The department, in consultation with the department of Revenue and the qualified political subdivisions, may waive or modify the recapture requirements under this section if the department determines that the qualified business relocation was due to any of the following:

(1) Natural disaster.

(2) Unforeseen industry trends.

(3) Loss of a major supplier or market.