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Current as of January 01, 2026 | Updated by Findlaw Staff
(a) Election.--If a pass-through entity has an unused tax credit, it may elect in writing, according to procedures established by the department, to transfer all or a portion of the credit to shareholders, members or partners in proportion to the share of the entity's distributive income to which the shareholders, members or partners are entitled.
(b) Limitation.--The same unused tax credit under subsection (a) may not be claimed by:
(1) the pass-through entity; and
(2) a shareholder, member or partner of the pass-through entity.
(c) Amount.--The amount of the tax credit that a transferee under subsection (a) may use against any one qualified tax liability may not exceed 20% of any qualified tax liabilities for the taxable year.
(d) Time.--A transferee under subsection (a) must claim the tax credit in the calendar year in which the transfer is made.
(e) Sale and assignment.--A transferee under subsection (a) may not sell or assign the tax credit.
Cite this article: FindLaw.com - Pennsylvania Statutes Title 72 P.S. Taxation and Fiscal Affairs § 8708-G. Pass-through entity - last updated January 01, 2026 | https://codes.findlaw.com/pa/title-72-ps-taxation-and-fiscal-affairs/pa-st-sect-72-8708-g/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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