PRINTER'S NO. 2756
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1947
Session of
2017
INTRODUCED BY ORTITAY, COX, CUTLER, DeLUCA, DIAMOND, GREINER,
GROVE, KAUFFMAN, KEEFER, MILLARD, D. MILLER, RYAN, SAYLOR,
STEPHENS, STURLA AND WARD, NOVEMBER 28, 2017
REFERRED TO COMMITTEE ON FINANCE, NOVEMBER 28, 2017
AN ACT
Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An
act relating to tax reform and State taxation by codifying
and enumerating certain subjects of taxation and imposing
taxes thereon; providing procedures for the payment,
collection, administration and enforcement thereof; providing
for tax credits in certain cases; conferring powers and
imposing duties upon the Department of Revenue, certain
employers, fiduciaries, individuals, persons, corporations
and other entities; prescribing crimes, offenses and
penalties," in research and development tax credit, further
providing for report to General Assembly; in entertainment
production tax credit, further providing for reports to
General Assembly; in resource enhancement and protection tax
credit, further providing for report and public information;
in resource manufacturing tax credit, further providing for
reports to General Assembly; in historic preservation
incentive tax credit, further providing for administration;
in community-based services tax credit, further providing for
guidelines; in coal refuse energy and reclamation tax credit,
further providing for annual report to General Assembly; in
waterfront development tax credit, further providing for tax
credit; in organ and bone marrow donation credit, further
providing for duties of department; in tax credit for new
jobs, providing for annual report; in mobile
telecommunications broadband investment tax credit, providing
for annual report; in innovate in PA tax credit, further
providing for report; in manufacturing and investment tax
credit, providing for report and further providing for duties
of department; in neighborhood assistance tax credit, further
providing for tax credit; in Keystone Special Development
Zone Program, providing for annual report; in mixed-use
development tax credit, further providing for program
administration; in keystone innovation zones, further
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providing for annual report; and, in malt beverage tax,
further providing for limited tax credits.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1711-B of the act of March 4, 1971
(P.L.6, No.2), known as the Tax Reform Code of 1971, is amended
to read:
Section 1711-B. Report to General Assembly.--The secretary
shall submit an annual report to the General Assembly indicating
the [effectiveness] usage of the credit provided by this article
no later than March 15 following the year in which the credits
were approved. The report shall include the [names of all
taxpayers utilizing the credit as of the date of the report and
the amount of credits approved and utilized by each taxpayer.]
name of each taxpayer that was approved for a credit during the
calendar year and the amount approved for each taxpayer, the
amount of the credit used by each taxpayer during the calendar
year, the amount of the credit which remains unused for each
taxpayer as of the close of the calendar year, the amount of the
credit sold or assigned by each taxpayer in the previous
calendar year, the price that the credit was sold for and the
name of the person to which the credit was sold or assigned. The
name or other identifying information of an individual receiving
a credit under section 1710-B may not be included in the report.
Notwithstanding any law providing for the confidentiality of tax
records, the information contained in the report shall be public
information and shall be posted on the department's publicly
accessible Internet website. The report may also include any
recommendations for changes in the calculation or administration
of the credit.
Section 2. Sections 1720-D(a) and 1761-D(a) of the act,
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amended or added July 13, 2016 (P.L.526, No.84), are amended to
read:
Section 1720-D. Report to General Assembly.
(a) General rule.--No later than June 1, 2008, and September
1 of each year thereafter, the Secretary of Community and
Economic Development shall submit a report to the General
Assembly summarizing the [effectiveness] usage of the tax credit
provided by this subarticle. The report shall include the [name
of the film produced, the names of all taxpayers utilizing the
credit as of the date of the report and the amount of credits
approved for, utilized by or sold or assigned by each taxpayer.]
the name of each taxpayer that was approved for a credit during
the fiscal year and the amount approved for each taxpayer, the
amount of the credit used by each taxpayer during the fiscal
year, the amount of the credit which remains unused for each
taxpayer as of the end of the fiscal year, the amount of the
credit sold or assigned by each taxpayer in the previous fiscal
year, the price for which the credit was sold and the name of
the taxpayer to which the credit was sold or assigned. The name
or other identifying information about an individual receiving a
credit under section 1718-D may not be included in the report.
The report may also include any recommendations for changes in
the calculation or administration of the tax credit. The report
shall be submitted to the chairman and minority chairman of the
Appropriations and Finance Committees of the Senate and the
chairman and minority chairman of the Appropriations and Finance
Committees of the House of Representatives. In addition to the
information set forth above, the report shall include the
following information, which shall be separated by geographic
location within this Commonwealth:
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(1) The amount of credits claimed during the fiscal year
by film.
(2) The total amount spent in this Commonwealth during
the fiscal year by film.
(3) The total amount of tax revenues generated by this
Commonwealth during the fiscal year by film.
(4) The total number of jobs created during the fiscal
year by film, including the duration of the jobs.
* * *
Section 1761-D. Report to General Assembly.
(a) General rule.--No later than June 1 of the second year
that commences after the effective date of this section, and
September 1 of each year thereafter, the Secretary of Community
and Economic Development shall submit a report to the General
Assembly summarizing the [effectiveness] usage of the tax
credit. The report shall include the name of the video game
produced, [the names of all taxpayers utilizing the tax credit
as of the date of the report and the amount of tax credits
approved for, utilized by or sold or assigned by each taxpayer.]
the name of each taxpayer that was approved for a credit during
the fiscal year and the amount approved for each taxpayer, the
amount of the credit used by each taxpayer during the fiscal
year, the amount of the credit which remains unused for each
taxpayer as of the end of the fiscal year, the amount of the
credit sold or assigned by each taxpayer in the previous fiscal
year, the price for which the credit was sold and the name of
the taxpayer to which the credit was sold or assigned. The name
or other identifying information of an individual receiving a
credit under section 1759-D may not be included in the
report. The report may also include recommendations for changes
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in the calculation or administration of the tax credit. The
report shall be submitted to the chairperson and minority
chairperson of the Appropriations Committee of the Senate and
the chairperson and minority chairperson of the Finance
Committee of the Senate and the chairperson and minority
chairperson of the Appropriations Committee of the House of
Representatives and the chairperson and minority chairperson of
the Finance Committee of the House of Representatives. In
addition to the information stated in this section, the report
shall include the following information which shall be separated
by geographic location within this Commonwealth:
(1) The amount of tax credits claimed by taxpayers
during the fiscal year.
(2) The total amount spent on video game production in
this Commonwealth during the fiscal year.
(3) The total amount of tax revenues collected from the
production of video games in this Commonwealth during the
fiscal year.
(4) The total number of jobs created by taxpayers during
the fiscal year, including the duration of the jobs.
* * *
Section 3. Section 1781-D of the act, added October 30, 2017
(P.L. , No.43), is amended to read:
Section 1781-D. Report to General Assembly.
No later than June 1, 2018, and September 1 of each year
thereafter, the Secretary of Community and Economic Development
shall submit a report to the General Assembly summarizing the
[effectiveness] usage of the tax credits provided by this
subarticle. The report shall include the name of the tours which
rehearsed in this Commonwealth, [the names of all recipients
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awarded a tax credit as of the date of the report and the amount
of tax credits approved for each recipient.] the name of each
taxpayer that was approved for a credit during the fiscal year
and the amount approved for each taxpayer, the amount of the
credit used by each taxpayer during the fiscal year, the amount
of the credit which remains unused for each taxpayer as of the
end of the fiscal year, the amount of the credit sold or
assigned by each taxpayer in the previous fiscal year, the price
for which the credit was sold and the name of the taxpayer to
which the credit was sold or assigned. The name or other
identifying information of an individual receiving a credit
under section 1779-D may not be included in the report. The
report may also include recommendations for changes in the
calculation or administration of the tax credits provided under
this subarticle. The report shall be submitted to the
chairperson and minority chairperson of the Appropriations
Committee of the Senate, the chairperson and minority
chairperson of the Finance Committee of the Senate, the
chairperson and minority chairperson of the Appropriations
Committee of the House of Representatives and the chairperson
and minority chairperson of the Finance Committee of the House
of Representatives. The report shall include the following
information, which shall be separated by geographic location
within this Commonwealth:
(1) The amount of tax credits claimed during the fiscal
year by tour.
(2) The total amount spent in this Commonwealth during
the fiscal year by tours and concert tour promotion companies
for services and supplies.
(3) The total amount of tax revenues, both directly and
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indirectly, generated for the Commonwealth during the fiscal
year by the concert rehearsal and tour industry.
Section 4. Sections 1710-E, 1710-G(a), 1707-H and 1707-I of
the act are amended to read:
Section 1710-E. Report and public information.
(a) General rule.--The commission, in consultation with the
department, shall [annually report to the General Assembly on
the Resource Enhancement and Protection Tax Credit Program as
follows:] submit an annual report to the General Assembly no
later than October 1, 2018, and October 1 of each year
thereafter, indicating the usage of the credit provided by this
article, including the following information:
(1) The number of projects and the dollar amount of tax
credits granted under the program in the aggregate, by best
management practice and per project.
(2) The types, locations and costs of projects.
(3) The estimated benefits of the projects, including
pollution reduction.
(4) The name of each taxpayer that was approved for a
credit during the fiscal year and the amount approved for
each taxpayer.
(5) The amount of the credit used by each taxpayer
during the fiscal year.
(6) The amount of the credit which remains unused for
each taxpayer as of the end of the fiscal year.
(7) The amount of the credit sold or assigned by each
taxpayer during the fiscal year.
(8) The price for which the credit was sold and the name
of the taxpayer to which the credit was sold or assigned.
(b) Identity.--[The identity of each taxpayer utilizing a
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resource enhancement and protection tax credit under this
article and the amount of credits approved and utilized by each
taxpayer shall be made available annually within a year of when
the credits were granted and shall constitute a public record,
notwithstanding any law providing for the confidentiality of tax
records. This information regarding taxpayer use of resource
enhancement and protection tax credits shall be made available
in accordance with the laws applicable to public information and
public records generally and need not be included in the annual
report to the General Assembly.] Notwithstanding any law
providing for the confidentiality of tax records, the
information contained in the report shall be public information
and the report shall be posted to the department's publicly
accessible Internet website. The name or other identifying
information of an individual receiving a credit under section
1703-E(f) may not be included in the report .
Section 1710-G. Reports to General Assembly.
(a) Annual report.--By October 1, 2018, and October 1 of
each year thereafter, the department shall submit a report on
the tax credit provided by this article to the chairman and
minority chairman of the Appropriations Committee of the Senate,
the chairman and minority chairman of the Finance Committee of
the Senate, the chairman and minority chairman of the
Appropriations Committee of the House of Representatives and the
chairman and minority chairman of the Finance Committee of the
House of Representatives. The report must include [the names of
the qualified taxpayers utilizing the tax credit as of the date
of the report and the amount of tax credits approved for,
utilized by or sold or assigned by a qualified taxpayer.] the
name of each qualified taxpayer that was approved for a credit
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during the fiscal year and the amount approved for each
qualified taxpayer, the amount of the credit used by each
qualified taxpayer during the fiscal year, the amount of the
credit which remains unused for each taxpayer as of the close of
the fiscal year, the amount of the credit sold or assigned by
each qualified taxpayer in the previous fiscal year, the price
for which the credit was sold and the name of the taxpayer to
which the credit was sold or assigned. The name or other
identifying information of an individual receiving a credit
under section 1708-G may not be included in the report.
* * *
Section 1707-H. Administration.
(a) Written guidelines.--The Department of Community and
Economic Development, the commission and the department shall
jointly develop written guidelines for the implementation of the
provisions of this article.
(b) Annual report.--The Department of Community and Economic
Development, the commission and the department shall jointly
submit an annual report to the General Assembly indicating the
usage of the credit provided by this article no later than
October 1, 2018, and each October 1 thereafter. The report shall
include the name of each qualified taxpayer that was approved
for a credit during the fiscal year and the amount approved for
each qualified taxpayer, the amount of the credit used by each
taxpayer during the fiscal year, the amount of the credit which
remains unused for each taxpayer as of the close of the fiscal
year, the amount of the credit sold or assigned by each
qualified taxpayer during the fiscal year, the price for which
the credit was sold and the name of the taxpayer to which the
credit was sold or assigned. The name or other identifying
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information of an individual receiving a credit under section
1706-H may not be included in the report. Notwithstanding any
law providing for the confidentiality of tax records, the
information contained in the report shall be public information
and the report shall be posted on the Department of Community
and Economic Development's publicly accessible Internet website.
Section 1707-I. Guidelines and administration.
(a) Written guidelines.--The department, in conjunction with
the Department of Revenue and the Department of [Public Welfare]
Human Services, may establish guidelines as necessary to
implement this article.
(b) Annual report.--The department, in conjunction with the
Department of Revenue and the Department of Human Services,
shall submit an annual report to the General Assembly indicating
the usage of the credit provided by this article no later than
October 1. The report shall include the name of each business
firm that was approved for a credit during the fiscal year and
the amount approved for each business firm, the amount of the
credit used by each taxpayer during the fiscal year and the
amount of the credit which remains unused for each taxpayer as
of the close of the fiscal year. Notwithstanding any law
providing for the confidentiality of tax records, the
information contained in the report shall be public information
and the report shall be posted on the department's publicly
accessible Internet website.
Section 5. Sections 1713-J and 1706-K(b) of the act, added
July 13, 2016 (P.L.526, No.84), are amended to read:
Section 1713-J. Annual report to General Assembly.
By October 1, 2017, and October 1 of each year thereafter,
the department shall submit a report on the tax credit provided
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by this article to the chairperson and minority chairperson of
the Appropriations Committee of the Senate, the chairperson and
minority chairperson of the Finance Committee of the Senate, the
chairperson and minority chairperson of the Appropriations
Committee of the House of Representatives and the chairperson
and minority chairperson of the Finance Committee of the House
of Representatives and shall post the report on the department's
publicly accessible Internet website. The report must include:
(1) the [names of the qualified taxpayers utilizing the
tax credit as of the date of the report and the amount of tax
credits approved for, utilized by or sold or assigned by a
qualified taxpayer] name of each qualified taxpayer that was
approved for a credit during the fiscal year and the amount
approved for each qualified taxpayer, the amount of the
credit used by each taxpayer during the fiscal year, the
amount of the credit which remains unused for each taxpayer
as of the close of the fiscal year, the amount of the credit
sold or assigned by each qualified taxpayer during the fiscal
year, the price for which the credit was sold for and the
name of the taxpayer to which the credit was sold or
assigned. The name or other identifying information of an
individual receiving a credit under section 1708-J may not be
included in the report; and
(2) data concerning the benefits provided to the
Commonwealth in terms of the quantity of coal refuse utilized
by qualifying facilities and the volume of coal ash generated
by qualifying facilities which is beneficially used to
reclaim mine-affected lands.
Section 1706-K. Tax credit.
* * *
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(b) Rules and regulations.--
(1) The department may promulgate rules and regulations
for the approval or disapproval of applications by business
firms.
(2) The department shall provide a report listing all
applications received and the disposition of the applications
in each fiscal year to the General Assembly by October 1 of
the following fiscal year. The department's report shall
include [all taxpayers utilizing the tax credit and the
amount of tax credits approved, sold or assigned.] the name
of each taxpayer that was approved for a credit during the
fiscal year and the amount approved for each taxpayer, the
amount of the credit used by each taxpayer during the fiscal
year, the amount of the credit which remains unused for each
taxpayer as of the close of the fiscal year, the amount of
the credit sold or assigned by each taxpayer during the
fiscal year, the price for which the credit was sold and the
name of the taxpayer to which the credit was sold or
assigned. The name or other identifying information of an
individual receiving a credit under section 1710-K may not be
included in the report .
(3) Notwithstanding any law providing for the
confidentiality of tax records, the information in the report
shall be public information, and all report information shall
be posted on the department's publicly accessible Internet
website.
* * *
Section 6. Section 1804(a) of the act is amended to read:
Section 1804. Duties of department.
(a) Duties enumerated.--The department shall:
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(1) In the manner provided by law, promulgate the
regulations necessary to implement section 1803.
(2) Create and publish forms upon which taxpayers may
apply for the tax credit authorized by this article.
(3) Within five months after the close of any calendar
year during which tax credits granted pursuant to this
article were used, furnish to the members of the General
Assembly an annual report providing, as to each business firm
which used tax credits during the preceding calendar year
pursuant to this article, the employer's name, address,
standard industrial classification code and the amount of tax
credits granted[.], the amount of the tax credit used by each
taxpayer during the calendar year and the amount of the
credit which remains unused for each taxpayer as of the close
of the calendar year.
(4) Post the report on the department's publicly
accessible Internet website.
* * *
Section 7. The act is amended by adding sections to read:
Section 1804.1-B. Annual report.
The department and the Department of Revenue shall jointly
submit an annual report to the General Assembly indicating the
usage of the credit provided by this article no later than
October 1, 2018, and each October 1 thereafter. The report shall
include the name of each taxpayer that was approved for a credit
during the fiscal year and the amount approved for each
taxpayer, the amount of the credit used by each taxpayer during
the fiscal year, the amount of the credit which remains unused
for each taxpayer as of the close of the fiscal year, the amount
of the credit sold or assigned by each taxpayer, the price for
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which the credit was sold and the name of the taxpayer to which
the credit was sold or assigned. The name or other identifying
information of an individual receiving a credit under section
1804-B(c) as a shareholder may not be included in the
report. Notwithstanding any law providing for the
confidentiality of tax records, the information contained in the
report shall be public information and shall be posted on the
department's publicly accessible Internet website.
Section 1806-E. Annual report.
The department shall submit an annual report to the General
Assembly indicating the usage of the credit provided by this
article no later than October 1, 2018, and each October 1
thereafter. The report shall include the name of each taxpayer
that was approved for a credit during the fiscal year and the
amount approved for each taxpayer, the amount of the credit used
by each taxpayer during the fiscal year, the amount of the
credit which remains unused for each taxpayer as of the close of
the fiscal year, the amount of the credit sold or assigned by
each taxpayer, the price for which the credit was sold and the
name of the taxpayer to which the credit was sold or assigned.
The name or other identifying information of an individual
receiving a credit under section 1803-E may not be included in
the report. Notwithstanding any law providing for the
confidentiality of tax records, the information contained in the
report shall be public information and shall be posted on the
department's publicly accessible Internet website.
Section 8. Section 1813-F(b) of the act is amended to read:
Section 1813-F. Report.
* * *
(b) Contents.--The report under subsection (a) shall include
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the following:
(1) The name of the purchaser of premiums tax credits.
(2) The amount of premiums tax credits allocated to the
purchaser.
(3) The amount of capital the purchaser contributed for
the issuance of the tax credit certificate.
(4) The amount of any tax credits that have been
transferred under section 1810-F(e).
(4.1) The amount of the credit transferred by each
qualified taxpayer under section 1807-F(b), the price for
which the credit was transferred and the name of the taxpayer
to which the credit was transferred.
(4.2) The amount of the tax credit which remains unused
for each qualified taxpayer.
(5) The amount of funds received by the recipients
during the previous year.
(6) The cumulative amount of capital received by the
department in connection with the sale of the tax credits.
(7) The amount of capital remaining uninvested at the
end of the preceding calendar year.
(8) The names and locations of businesses receiving
capital from the recipients, the reason for the investment
and the amount of the investment.
(9) The total number of jobs created in this
Commonwealth by the investment and the average wages paid for
the jobs.
(10) The total number of jobs retained in this
Commonwealth as a result of the investment and the average
wages paid for the jobs.
Section 9. The act is amended by adding a section to read:
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Section 1810-G. Report.
The department and the Department of Revenue shall jointly
submit an annual report to the General Assembly indicating the
usage of the credit provided by this article no later than
October 1, 2018, and October 1 of each year thereafter. The
report shall include the name of each taxpayer that was approved
for a credit during the fiscal year and the amount approved for
each taxpayer, the amount of the credit used by each taxpayer
during the fiscal year, the amount of the tax credit which
remains unused for each taxpayer as of the close of the fiscal
year, the amount of the credit sold or assigned by each taxpayer
during the fiscal year, the price for which the credit was sold
and the name of the taxpayer to which the credit was sold or
assigned. The name or other identifying information of an
individual receiving a credit under section 1807-G may not be
included in the report. Notwithstanding any law providing for
the confidentiality of tax records, the information contained in
the report shall be public information and shall be posted on
the department's publicly accessible Internet website.
Section 10. Sections 1835-G(b) and 1904-A(b) of the act,
amended or added July 13, 2016 (P.L.526, No.84), are amended to
read:
Section 1835-G. Duties of department.
* * *
(b) Reports by department.--The department shall provide a
report listing all applications received for tax credit
certificates and the disposition of the applications in each
fiscal year to the General Assembly by October 1 of the
following fiscal year. The department's report shall include all
business firms approved for a tax credit certificate [and], the
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amount of tax credit certificates approved for each business
firm[.], the amount of the credit used by each taxpayer during
the fiscal year, the amount of the tax credit which remains
unused for each taxpayer as of the close of the fiscal year, the
amount of the credit sold or assigned by each taxpayer, the
price for which the credit was sold and the name of the taxpayer
to which the credit was sold or assigned.
* * *
Section 1904-A. Tax Credit.--* * *
(b) The secretary is hereby authorized to promulgate rules
and regulations for the approval or disapproval of such
proposals by business firms or private companies. The secretary
shall provide a report listing of all applications received and
their disposition in each fiscal year to the General Assembly by
October 1 of the following fiscal year. The secretary's report
shall include [all taxpayers utilizing the credit and the amount
of credits approved, sold or assigned.] the name of each
taxpayer that was approved for a credit during the calendar year
and the amount approved for each taxpayer, the amount of the
credit used by each taxpayer during the calendar year, the
amount of the credit which remains unused for each taxpayer as
of the close of the calendar year, the amount of the credit sold
or assigned by each taxpayer, the price for which the credit was
sold and the name of the taxpayer to which the credit was sold
or assigned. The name or other identifying information of an
individual receiving a credit under section 1907-A may not be
included in the report. Notwithstanding any law providing for
the confidentiality of tax records, the information in the
report shall be public information, and all report information
shall be posted on the secretary's Internet website.
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* * *
Section 11. The act is amended by adding a section to read:
Section 1905-C. Annual report.
The department shall submit an annual report to the General
Assembly indicating the usage of the credit provided by this
article no later than October 1. The report shall include the
name of each Keystone Special Development Zone employer that was
approved for a credit during the calendar year and the amount
approved for each Keystone Special Development Zone employer,
the amount of the credit used by each taxpayer during the
calendar year, the amount of the credit which remains unused for
each taxpayer as of the close of the calendar year, the amount
of the credit sold or assigned by each taxpayer, the price for
which the credit was sold and the name of the taxpayer to which
the credit was sold or assigned. The name or other identifying
information of an individual receiving a credit under section
1903-C(g) may not be included in the report. Notwithstanding any
law providing for the confidentiality of tax records, the
information contained in the report shall be public information
and shall be posted on the department's publicly accessible
Internet website.
Section 12. Sections 1905-E(h), 1908-F and 2010(d) of the
act, amended or added July 13, 2016 (P.L.526, No.84), are
amended to read:
Section 1905-E. Program administration.
* * *
(h) Report.--Within 90 days following the close of the first
calendar year in which tax credits are made available, and by
July 1 of every year thereafter, the agency, in consultation
with the department, shall issue a report containing:
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(1) A financial statement.
(2) An itemized list of the following:
(i) projects funded;
(ii) qualified taxpayers applying for tax credits;
[and]
(iii) [tax credits certificates issued.] the name of
each qualified taxpayer that was approved for a credit
during the calendar year and the amount approved for each
qualified taxpayer;
(iv) the amount of the credit used by each taxpayer
during the calendar year;
(v) the amount of the credit which remains unused
for each taxpayer as of the close of the calendar year;
and
(vi) the amount of the tax credit sold or assigned
by each taxpayer, the price for which the credit was sold
and the name of the taxpayer to which the credit was sold
or assigned, except that name or other identifying
information of an individual receiving a credit under
section 1911-E(g) may not be included in the report.
(3) A description of other expenditures in the preceding
calendar year.
* * *
Section 1908-F. Annual report.
The department shall submit an annual report to the Secretary
of the Senate and the Chief Clerk of the House of
Representatives indicating the [effectiveness] usage of the
keystone innovation zone tax credit provided by this article by
December 31 of each year, beginning December 31, 2007.
Notwithstanding any law providing for the confidentiality of tax
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records, the report shall include the names of all taxpayers
awarded the credits, [all taxpayers utilizing the credits, the
amount of credits approved and utilized by each taxpayer and the
locations of the KIZ companies awarded the credits.], the amount
approved for each taxpayer, the amount of the credit used by
each taxpayer during the calendar year, the amount of the credit
which remains unused for each taxpayer as of the close of the
calendar year, the amount of the credit sold or assigned by each
taxpayer, the price that the credit was sold for and the name of
the taxpayer to which the credit was sold or assigned and the
locations of the KIZ companies awarded the credits. The name or
other identifying information of an individual receiving a
credit under section 1906-F(e) may not be included in the
report. The report shall be a public document and shall be
posted on the department's publicly accessible Internet website.
Section 2010. Limited Tax Credits.--* * *
(d) A taxpayer desiring to claim a tax credit or credits
under this section shall, within one year of the date of the
original purchase of the qualifying capital expenditures, in
accordance with regulations promulgated by the secretary, report
annually to the secretary the nature, amounts and dates of
qualifying capital expenditures made by him and such other
information as the secretary shall require. If satisfied as to
the correctness of such a report, the secretary shall issue to
the taxpayer a certificate establishing the amount of qualifying
capital expenditures made by the taxpayer and included within
said report. The taxpayer shall also provide to the secretary
the number of employes, total production of malt or brewed
beverages and the amount of capital expenditures made by the
taxpayer at each location operated by the taxpayer or a parent
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corporation, subsidiary, joint venture or affiliate. Also, the
taxpayer shall notify the secretary of any contract for
production held with another manufacturer. [The]
(d.1) Notwithstanding any law providing for the
confidentiality of tax records, the secretary shall file a
report annually with the Chief Clerk of the House of
Representatives and with the Secretary of the Senate outlining
the employment, production, expenditures and tax credits
authorized under this section[.], including the name of each
taxpayer that was approved for a credit during the calendar year
and the amount approved for each taxpayer, the amount of the
credit utilized by each taxpayer during the fiscal year, the
amount of the credit which remains unused for each taxpayer as
of the close of the fiscal year, the amount of the credit sold
or assigned by each taxpayer, the price for which the credit was
sold and the name of the taxpayer to which the credit was sold
or assigned. The report required under this subsection shall be
posted on the department's publicly accessible Internet website.
* * *
Section 13. This act shall take effect in 60 days.
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