Pennsylvania Statutes Title 72 P.S. Taxation and Fiscal Affairs § 8701-A.1. Definitions

The following words and phrases when used in this article shall have the meanings given to them in this section unless the context clearly indicates otherwise:

“Administering agency.”  A department, board or commission that administers a tax credit or tax benefit as required by a law of this Commonwealth.  The term does not include a keystone innovation zone coordinator under Article XIX-F.  1

“Applicant.”  A person applying to an administering agency for a tax credit or a tax benefit.

“Application.”  An application submitted to an administering agency by an applicant for a tax credit or tax benefit.  The term includes a transfer application and supplemental documentation required to be provided by an applicant, including reports, returns and statements.

“Broker.”  A person that engages in the business of effectuating transactions in tax credits for the account of others, including assisting a taxpayer to apply for, sell, transfer, assign or purchase a tax credit.  The term includes an entity and all of the following that perform similar functions for the entity:

(1) A partner, officer or director of the entity.

(2) An affiliate of the entity.

(3) Any other person occupying a similar status of the entity.

“Department.”  The Department of Revenue of the Commonwealth.

“Person.”  Any individual, employer, association, fiduciary, partnership, corporation, entity, estate or trust, whether a resident or nonresident of this Commonwealth.

“Program year.”  The annual period in which the tax credit or tax benefit operates.

“Recipient.”  A person that is sold, assigned or transferred a transferrable tax credit.

“Tax benefit.”  For purposes of this article, a tax benefit authorized under any of the following:

(1) Article XVII-A.  2

(2) Article XVIII-C.  3

(3) Article XIX-B.  4

(4) Article XIX-D.  5

(5) Article XXIX-C.  6

(6) Article XXIX-D.  7

(7) The act of October 6, 1998 (P.L. 705, No. 92),  8 known as the Keystone Opportunity Zone, Keystone Opportunity Expansion Zone and Keystone Opportunity Improvement Zone Act.

“Tax credit.”  A tax credit authorized under any of the following:

(1) Article XVII-B.  9

(2) Article XVII-D. [FN10]

(3) Article XVII-E. [FN11]

(4) Article XVII-G. [FN12]

(5) Article XVII-H. [FN13]

(6) Article XVII-I. [FN14]

(7) Article XVII-J. [FN15]

(8) Article XVII-K. [FN16]

(8.1) Article XVII-L. [FN17]

(9) Article XVIII. [FN18]

(10) Article XVIII-B. [FN19]

(11) Article XVIII-D. [FN20]

(12) Article XVIII-E. [FN21]

(13) Article XVIII-F. [FN22]

(14) Article XVIII-G. [FN23]

(14.1) Article XVIII-H. [FN24]

(15) Article XIX-A. [FN25]

(15.1) Article XIX-C. [FN26]

(16) Article XIX-E. [FN27]

(16.1) Article XIX-F.

(17) Section 2010. [FN28]

(18) Deleted by 2021, June 30, P.L. 124, No. 25, § 11, effective in 30 days [July 30, 2021].

(19) Article XX-B of the act of March 10, 1949 (P.L. 30, No. 14), [FN29] known as the Public School Code of 1949.

(20) The act of December 1, 2004 (P.L. 1750, No. 226), [FN30] known as the First Class Cities Economic Development District Act.

(21) 12 Pa.C.S. Ch. 34 (relating to Infrastructure and Facilities Improvement Program).

(22) Any other program established by a law of this Commonwealth in which a person applies for and receives a credit against a tax.  This paragraph shall not apply to a credit against a tax liability as a result of an overpayment.

“Taxpayer.”  A person that was approved for a tax credit or tax benefit or that received a transferrable tax credit by sale, assignment or transfer.

“Transfer application.”  An application submitted to the department or the administering agency by an applicant or a recipient as part of the sale, assignment or transfer of a transferrable tax credit to a recipient.

“Transferrable tax credit.”  A tax credit which may be sold, assigned or transferred from an applicant to a different taxpayer.  The term includes a tax credit which may be transferred to a shareholder, member or partner of an applicant.