Section 1809-C. Reports.
(a) State zone report.--No later than June 15 following the baseline year and each year thereafter, each qualified business shall file a report with the department in a form or manner required by the department which includes all of the following:
(1) Amount of each eligible tax which was paid to the Commonwealth by the qualified business in the prior calendar year.
(2) Amount of each eligible tax refund received from the Commonwealth in the prior calendar year by the qualified business.
(3) The number of new jobs created by the qualified business for the prior calendar year in the zone.
(4) The total wages and salaries for employees of the qualified business for the prior calendar year in the zone.
(5) The amount of private capital investment made by the qualified business in the prior calendar year in the zone.
((a) amended July 11, 2024, P.L.674, No.56)
(a.1) Information.--Notwithstanding any other provision of law, the department may provide information obtained under subsection (a)(3), (4) and (5) to the Department of Community and Economic Development. ((a.1) added July 11, 2024, P.L.674, No.56)
(b) Local zone report.--No later than June 15 following the baseline year and for each year thereafter, each qualified business shall file a report with the local taxing authority which includes all of the following:
(1) Amount of each eligible tax which was paid to the local taxing authority by the qualified business in the prior calendar year.
(2) Amount of each eligible tax refund received from the local taxing authority in the prior calendar year by the qualified business.
((b) amended July 11, 2024, P.L.674, No.56)
(c) Penalties.--
(1) Failure to file a timely and complete report under subsection (a) or (b) may result in the imposition of a penalty of the lesser of:
(i) ten percent of all eligible tax due the taxing authority in the prior calendar year; or
(ii) one thousand dollars.
(2) The department shall notify the contracting authority of all qualified businesses that violated subsection (a) prior to December 31 of the year in which the report was to be filed. A penalty for a violation of subsection (a) shall be imposed, assessed and collected by the department under procedures set forth in Article II. Money collected under this paragraph shall be deposited in the General Fund. ((2) amended July 8, 2022, P.L.513, No.53)
(3) A penalty for a violation of subsection (b) shall be imposed, assessed and collected by the city or municipality under procedures for imposing penalties under local tax collection laws.
(4) If a local taxing authority imposes the penalty, the money shall be transferred to the State Treasurer for deposit in the zone fund.
(5) No penalty shall be imposed by the department or the local taxing authority for failure to file a timely and complete report under subsection (a) or (b) in 2019 or 2020. ((5) added July 23, 2020, P.L.665, No.68 and Nov. 3, 2020, P.L.1074, No.107)
(1809-C amended July 13, 2016, P.L.526, No.84)
Compiler's Note: Section 24(4)(xi) of Act 53 of 2022 provided that the amendment of section 1809-C(c)(2) shall apply to fiscal years beginning after June 30, 2022.
Compiler's Note: Acts 68 and 107 of 2020 amended subsecs. (a) and (b) and added subsec. (c)(5). Act 107 overlooked the amendment by Act 68, but the amendments do not conflict in substance and have both been given effect in setting forth the text of subsecs. (a), (b) and (c)(5).