Pennsylvania Statutes Title 72 P.S. Taxation and Fiscal Affairs § 8833-G. Revocation of tax credit certificates

(1) The rural growth fund in which the credit-eligible capital contribution was made does not invest all of its investment authority in rural growth investments in this Commonwealth within three years of the closing date with at least 25% of its investment authority initially invested in rural businesses engaged in manufacturing.

(2) The rural growth fund, after satisfying the conditions of paragraph (1), fails to maintain rural growth investments equal to 100% of its investment authority until the seventh anniversary of the closing date.  For the purposes of this paragraph, a rural growth investment is “maintained” even if the rural growth investment is sold or repaid so long as the rural growth fund reinvests an amount equal to the capital returned or recovered by the rural growth fund from the original rural growth investment, exclusive of any profits realized, in other rural growth investments in this Commonwealth within 12 months of the receipt of the capital.  Amounts received periodically by a rural growth fund shall be treated as continually invested in rural growth investments if the amounts are reinvested in one or more rural growth investments by the end of the following calendar year.  A rural growth fund is not required to reinvest capital returned from rural growth investments after the sixth anniversary of the closing date, and the rural growth investments shall be considered held continuously by the rural growth fund through the seventh anniversary of the closing date.

(3) The rural growth fund, before exiting the program in accordance with section 1834-G, makes a distribution or payment that results in the rural growth fund having less than 100% of its investment authority invested in rural growth investments in this Commonwealth or available for investment in rural growth investments and held in cash and other marketable securities.

(4) The following apply:

(5) The rural growth fund makes a rural growth investment in a rural business that directly or indirectly through an affiliate owns, has the right to acquire an ownership interest, makes a loan to or makes an investment in the rural growth fund, an affiliate of the rural growth fund or an investor in the rural growth fund.  This paragraph does not apply to investments in publicly traded securities by a rural business or an owner or affiliate of a rural business.  For purposes of this paragraph, a rural growth fund shall not be considered an affiliate of a rural business solely as a result of its rural growth investment.