Pennsylvania Statutes Title 72 P.S. Taxation and Fiscal Affairs § 8808-G. Penalties

(a) Failure to maintain operations.--A taxpayer which receives a manufacturing tax credit and fails to maintain existing operations related to the manufacturing tax credits in this Commonwealth for a period of at least five years from the start date must refund to the Commonwealth the total amount of manufacturing tax credits granted.  The Department of Revenue may issue an assessment, including interest, additions and penalties, for the total amount of each manufacturing tax credit to be refunded to the Commonwealth.

(b) Failure to maintain jobs.--A taxpayer which receives a manufacturing tax credit and fails to maintain new jobs along with the increase in taxable payroll for a period of at least five years from the start date must refund to the Commonwealth the total amount of manufacturing tax credits granted.  The Department of Revenue may issue an assessment, including interest, additions and penalties, for the total amount of manufacturing tax credits to be refunded to the Commonwealth.

(c) Waiver.--The department may waive the penalties under subsections (a) and (b) if it is determined that a company's existing operations were not maintained or the new jobs and increase to payroll were not created because of circumstances beyond the company's control.  Circumstances shall include natural disasters, unforeseen industry trends or a loss of a major supplier or market.