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:
"Affiliate." As follows:
(1) an entity which is part of the same "affiliated group," as defined in section 1504(a) of the Internal Revenue Code of 1986 (Public Law 99-514, 26 U.S.C.(a)), as a Keystone Special Development Zone employer; or(2) an entity that would be part of the same "affiliated group" except that the entity or the Keystone Special Development employer is not a corporation."Department." The Department of Community and Economic Development of the Commonwealth.
"Employee." An individual who:
(1) is employed in this Commonwealth by a Keystone Special Development Zone employer, or its predecessor, after June 30, 2011;(2) is employed for at least 35 hours per week by a Keystone Special Development Zone employer; and(3) spends at least 90% of his or her working time for the Keystone Special Development Zone employer at the Keystone Special Development Zone location."Full-time equivalent employee." The whole number of employees, rounded down, that equals the sum of:
(1) the total paid hours, including paid time off and family leave under the Family and Medical Leave Act of 1993 (Public Law 103-3, 29 U.S.C. § 2601 et seq.), of all of a Keystone Special Development Zone employer's employees classified as nonexempt during the Keystone Special Development Zone employer's tax year divided by 2000; and(2) a total number arrived at by adding, for each Keystone Special Development Zone employer's employee classified as exempt scheduled to work at least 35 hours per week, the fraction equal to the portion of the year the exempt employee was paid by the Keystone Special Development Zone employer. Whether an employee shall be classified as exempt or nonexempt shall be determined under the Fair Labor Standards Act of 1938 (52 Stat. 1060, 29 U.S.C. § 201 et seq.).The calculation under this definition excludes employees previously employed by an affiliate and employees previously employed by the Keystone Special Development Zone employer outside of a Keystone Special Development Zone.
"Keystone Special Development Zone." A parcel of real property that meets all of the following:
(1) On July 1, 2011, was within a special industrial area, as described in section 305(a) of the act of May 19, 1995 (P.L.4, No.2), known as the Land Recycling and Environmental Remediation Standards Act, for which the Department of Environmental Protection has executed a special industrial area consent order and agreement, as provided under section 502(a) of the Land Recycling and Environmental Remediation Standards Act.(2) On July 1, 2011: (i) had no permanent vertical structures affixed to it; or(ii) had a permanent vertical structure affixed to it which has been deteriorated or abandoned for at least 20 years.(3) Is certified by the Department of Environmental Protection as meeting the requirements of paragraphs (1) and (2)."Keystone Special Development Zone employer." A person or entity subject to the taxes imposed under Article III, IV, VI, VII, VIII or XV, who employs one or more employees at a Keystone Special Development Zone. The term shall include a pass-through entity. The term shall not include any of the following:
(1) An employer who, after January 1, 1990, intentionally or negligently caused or contributed to, in any material respect, a level of regulated substance above the cleanup standards in the act of May 19, 1995 (P.L.4, No.2), known as the Land Recycling and Environmental Remediation Standards Act, on, in or under the Keystone Special Development Zone at which an employee is employed.(2) An employer engaged in construction improvements on a Keystone Special Development Zone."Pass-through entity." A partnership as defined in section 301(n.0), or a Pennsylvania S corporation as defined in section 301(n.1).
"Qualified tax liability." Any tax owed by a Keystone Special Development Zone employer attributable to a business activity conducted within a Keystone Special Development Zone for a tax year under Article III, IV, VI, VII, VIII or XV.
Added by P.L. 270 2013 No. 52, § 32, eff. 7/9/2013.