Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 9936-C - Capital stock franchise tax(a) Credits.-- For tax years that begin on or after January 1, 2008, a corporation that is a qualified business under this article may claim a credit against the tax imposed by Article VI for tax liability attributable to the capital employed within the strategic development area in the taxable year. No credit may be claimed for capital employed prior to designation of the real property as part of a strategic development area. The business activity must be conducted directly by a corporation in the strategic development area in order for the corporation to claim the tax credit.(b) Tax liability.--The corporation's tax liability attributable to capital employed within a strategic development area shall be determined by multiplying the corporation's taxable value attributable to capital employed within the strategic development area by the rate of tax imposed under Article VI for the taxable year. The corporation shall compute its Pennsylvania taxable value in conformity with Article VI with no adjustments or subtractions for the capital employed in the strategic development area.(c) Determination of attributable tax liability.--The determination of the corporation's taxable value attributable to the capital employed within a strategic development area shall be determined with specific reference to the following: (1) If the entire business of the corporation in this Commonwealth is transacted wholly within a strategic development area, the taxable value attributable to the capital employed within a strategic development area shall consist of the Pennsylvania taxable value as determined under Article VI.(2) If the entire business of the corporation in this Commonwealth is not wholly transacted within a strategic development area, the taxable value of a corporation in a strategic development area shall be determined upon such portion of the Pennsylvania taxable value attributable to the capital employed within the strategic development area by employing the apportionment factors set forth in section 2935-C(d) . (d) Limitation on amount of credit.--The credit allowed under this section shall not exceed the tax liability of the taxpayer under Article VI for the tax year.(e) Credit not available.-- Any portion of the taxpayer's tax liability that is attributable to the capital employed in the operation of a railroad, truck, bus or airline company, pipeline or natural gas company, water transportation company, a corporation that qualifies as a regulated investment company under Article IV or holding company as defined in Article VI shall not be used to calculate a credit under this section.1971, March 4, P.L. 6, No. 2, art. XXIX-C, §2936-C, added 2006, Nov. 20, P.L. 1385, No. 151, § 2, imd. effective.