PRINTER'S NO. 829

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

676

Session of

2015

INTRODUCED BY WARD, SCAVELLO, GREENLEAF, BARTOLOTTA, RAFFERTY,

WILEY, GORDNER, STEFANO, SMITH, BAKER AND YUDICHAK,

MAY 1, 2015

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," providing for the PTP Statewide tourism marketing

and promotion tax credit.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of March 4, 1971 (P.L.6, No.2), known as

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:

"Contribution." A donation of cash, personal property, in-

kind contributions or tourism and travel marketing and promotion

services, the value of which is determined by the Department of

Community and Economic Development in cooperation with the

Pennsylvania Tourism Partnership.

"Department." The Department of Community and Economic

Development of the Commonwealth.

profit corporation under 15 Pa.C.S. Subpart C (relating to

nonprofit corporations).

"Qualified tax liability." The liability for taxes imposed

under Article III, IV, VI, VII or IX. The term shall not include

any tax withheld by an employer from an employee under Article

III.

"Tax credit." The PTP Statewide tourism marketing and

promotion tax credit established under this article.

(a) Eligibility.--A taxpayer shall be eligible for a tax

credit for contributions made to and accepted by the PTP and

approved by the department. The PTP shall notify the department

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in writing of the acceptance of a contribution and shall include

the following:

(1) the name of the donor;

(2) the amount or value of the contribution; and

(3) the type of contribution.

(b) Amount of tax credits.--Except as provided in subsection

(c), the amount of the tax credit for the taxable year shall not

exceed 70% of the value of contributions made to the PTP under

taxpayer provides a written commitment to provide the PTP with

the same amount of contributions for three consecutive years.

The taxpayer must provide the written commitment under this

subsection to the department at the time of application.

(d) Limitation on single taxpayer tax credits.--No single

taxpayer shall receive more than 20% of the total amount of tax

credits authorized under this article in a fiscal year.

(e) Availability of tax credits.--Tax credits shall be made

application period not to exceed 90 days each fiscal year. All

applications received during the application period shall be

reviewed by the department to verify that the contributions have

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been made to and accepted by the PTP. Applications not approved

as a result of having exceeded the total amount of tax credits

allowed under section 1906-D may be reviewed and considered in

subsequent application periods.

(h) Contract and tax credit certificate.--If the department

approves the taxpayer's application under this section, the

department and the taxpayer shall enter into a contract and upon

the execution of the contract the department shall award the

A taxpayer may claim a tax credit against the qualified tax

liability of the taxpayer.

Section 1904-D. Carryover, carryback, refund and assignment of

tax credit.

(a) General rule.--If the taxpayer cannot use the entire

amount of the tax credit for the taxable year in which the tax

credit is first approved, the excess may be carried over to

succeeding taxable years and used as a credit against the

to succeeding taxable years for not more than three taxable

years following the first taxable year for which the taxpayer

was entitled to claim the tax credit.

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(b) Application.--A tax credit approved by the department in

a taxable year first shall be applied against the taxpayer's

qualified tax liability for the current taxable year as of the

date on which the credit was approved before the tax credit can

be applied against any tax liability under subsection (a). A

taxpayer may not carry back, obtain a refund of or sell or

assign the tax credit.

Section 1905-D. Pass-through entity.

member or partner is entitled.

(b) Limitation.--A pass-through entity and a shareholder,

member or partner of a pass-through entity shall not claim the

tax credit under subsection (a) for the same contributions.

(c) Application.--A shareholder, member or partner of a

pass-through entity to whom a tax credit is transferred under

subsection (a) shall immediately claim the tax credit in the

taxable year in which the transfer is made. The shareholder,

Section 1907-D. Report to General Assembly.

The Secretary of Community and Economic Development shall

submit an annual report to the General Assembly indicating the

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effectiveness of the tax credit not later than June 30 following

the year in which the tax credits were approved. The report

shall include the names of all taxpayers utilizing the tax

credit as of the date of the report and the amount of tax

credits approved and used by each taxpayer. Notwithstanding any

law providing for the confidentiality of tax records, the

information contained in the report shall be public information.

Section 1908-D. Regulations.

with the goals established by the PTP steering committee. Up to

2% of contributions may be used by PTP for administrative costs.

In no event may any portion of the contributions be used by the

department for administrative costs.

Section 1910-D. Guidelines.

The department shall consult with the Department of

Agriculture and the Department of Conservation and Natural

Resources for the purpose of developing guidelines indicating

The PTP shall submit to an annual audit according to

generally accepted accounting procedures to ensure the

contributions received by the PTP have been used for Statewide

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marketing and promotion of tourism and travel in this

Commonwealth. A copy of the audit report shall be provided to

the General Assembly.

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