Personal income tax

Act 226 of 2004, § 512, under FIRST CLASS CITIES ECONOMIC DEVELOPMENT DISTRICT ACT - ENACTMENT.

Act 226 of 2004, § 512

Section 512. Personal income tax.

(a) General rule.--For tax years that begin on or after January 1 of the tax years following the date an economic development district is designated, a resident or person who owns an interest in a qualified pass-through entity or who owns a qualified business which is a sole proprietorship shall be allowed an exemption for:

(1) Net income, except as provided in paragraphs (2) and

(3), from the operation of the qualified business received by

the person which is attributable to business activity

conducted by the qualified business within an economic

development district except that any qualified business which

operates both within and outside this Commonwealth, before

computing its economic development district exemption, shall

first determine its Pennsylvania activity over its activity

everywhere by applying the three-factor apportionment formula

as set forth in Department of Revenue personal income tax

regulations applicable to income apportionment in connection

with a business, trade or profession carried on both within

and outside this Commonwealth.

(2) Net gains or income, less net losses, derived from

the sale, exchange or other disposition of tangible personal

property located within an economic development district, as

determined in accordance with accepted accounting principles

and practices, received by the person which is attributable

to business activity conducted by the qualified business

within the economic development district. The exemption

provided for in this subparagraph shall not apply to the

sale, exchange or other disposition of any stock or goods,

merchandise or inventory or any operational assets unless the

transfer is in connection with the sale, exchange or other

disposition of all of the assets in complete liquidation of a

qualified business located in an economic development

district. The exemption provided for in this paragraph shall

apply to intangible personal property employed in a trade,

profession or business within the economic development

district by the qualified business but only when transferred

in connection with a sale, exchange or other disposition of

all of the assets in complete liquidation of the qualified

business. The exemption provided for in this paragraph shall

be prorated based on the percentage of time, based on

calendar days, the property was held by the person during the

time period the economic development district was in effect

in relation to the total time the property was held.

(3) Net gains or income derived from or in the form of

rents from the rental of tangible personal property which is

allocable to an economic development district received by the

person which is attributable to business activity conducted

by the qualified business within the economic development

district. For purposes of calculating this exemption, all of

the following shall apply:

(i) Net rents derived from tangible personal

property located within the economic development district

are allocable to the economic development district.

(ii) If the tangible personal property was used both

within and outside the economic development district

during the taxable year, only the net rents attributable

to use within the economic development district is

exempt. The net rents shall be multiplied by a fraction,

the numerator of which is the number of days the property

was used within the economic development district and the

denominator of which is the total days of use.

(b) Pass-through.--

(1) A partner or member of a qualified pass-through

entity shall be entitled to the exemptions under this section

for the partner's or member's share, whether or not

distributed, of the income or gain received by the

partnership or association for its taxable year.

(2) A shareholder of a qualified pass-through entity

shall be entitled to the exemptions under this section for

the shareholder's pro rata share, whether or not distributed,

of the income or gain received by the Subchapter S

corporation for its taxable year ending within or with the

shareholder's taxable year.

(c) Limitations.--

(1) No exemption shall be allowed for activities

conducted on the real property prior to designation of the

real property as an economic development district.

(2) A partnership, association, Subchapter S

corporation or person may not carry back or carry forward any

exemption under this section from year to year. The credit

allowed under this section shall not exceed the tax liability

of the person under Article III of the Tax Reform Code of

1971 for the tax year.

(d) Section not applicable to certain entities.--Any portion of net income or gain which is attributable to the operation of a railroad, truck, bus or airline company, pipeline or natural gas company, water transportation company or entity which would qualify as a regulated investment company under Article IV of the Tax Reform Code of 1971 or would qualify as a holding company under Article VI of the Tax Reform Code of 1971 shall not be used to calculate an exemption under this section.