act-2003-0-51•Pennsylvania Act 2003-51 — KEYSTONE OPPORTUNITY ZONE AND KEYSTONE OPPORTUNITY EXPANSION ZONE ACT - OMNIBUS AMENDMENTS
Pennsylvania Act 2003-51 — KEYSTONE OPPORTUNITY ZONE AND KEYSTONE OPPORTUNITY EXPANSION ZONE ACT - OMNIBUS AMENDMENTS
act-2003-0-512003 Pa. Act 51Law
Act text
KEYSTONE OPPORTUNITY ZONE AND KEYSTONE OPPORTUNITY EXPANSION ZONE ACT -
OMNIBUS AMENDMENTS
Act of Dec. 23, 2003, P.L. 360, No. 51 Cl. 72
Session of 2003
No. 2003-51
HB 521
AN ACT
Amending the act of October 6, 1998 (P.L.705, No.92), entitled,
as amended, "An act providing for the creation of keystone
opportunity zones and keystone opportunity expansion zones to
foster economic opportunities in this Commonwealth, to
facilitate economic development, stimulate industrial,
commercial and residential improvements and prevent physical
and infrastructure deterioration of geographic areas within
this Commonwealth; authorizing expenditures; providing tax
exemptions, tax deductions, tax abatements and tax credits;
creating additional obligations of the Commonwealth and local
governmental units; and prescribing powers and duties of
certain State and local departments, agencies and officials,"
further providing for short title, for definitions, for
keystone opportunity zones, for keystone opportunity
expansion zones, for keystone opportunity improvement zones,
for application, for review, for criteria, for authorization
of keystone opportunity zone, for residency, for qualified
businesses and for corporate net income tax.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 101 of the act of October 6, 1998
(P.L.705, No.92), known as the Keystone Opportunity Zone and
Keystone Opportunity Expansion Zone Act, amended December 20,
2000 (P.L.841, No.119), is amended to read:
Section 101. Short title.
This act shall be known and may be cited as the Keystone
Opportunity Zone [and], Keystone Opportunity Expansion Zone and
Keystone Opportunity Improvement Zone Act.
Section 2. The definitions of "deteriorated property,"
"qualified business," "qualified political subdivision" and
"resident" in section 103 of the act, amended December 20, 2000
(P.L.841, No.119), are amended to read:
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Deteriorated property." Any blighted, impoverished area
containing residential, industrial, commercial or other real
property that is abandoned, unsafe, vacant, undervalued,
underutilized, overgrown, defective, condemned, demolished or
which contains economically undesirable land use. The term
includes property adjacent to deteriorated property that is
significantly undervalued and underutilized due to the proximity
of the deteriorated property and property which has been
designated as deteriorated property in accordance with any other
act.
* * *
"Qualified business." A business authorized to do business
in this Commonwealth [that] which is located or partially
located within a subzone [or], expansion subzone or improvement
subzone and is engaged in the active conduct of a trade or
business in accordance with the requirements of section 307 for
the taxable year. An agent, broker or representative of a
business is not engaged in the active conduct of trade or
business for the business.
"Qualified political subdivision." A political subdivision
[that] which has real property within its jurisdiction which has
been designated by the department as a subzone [or], expansion
subzone or improvement subzone.
"Resident." A person who is domiciled and resides in an area
that is designated a subzone [or], expansion subzone or
improvement subzone and who meets the requirements of section
306.
* * *
Section 3. Sections 301(f), 301.1(e), 301.2(c), 302(a.1) and
(c), 303(a), (b), (c) and (d) and 304(c) of the act, amended or
added December 9, 2002 (P.L.1727, No.217), are amended to read:
Section 301. Keystone opportunity zones.
* * *
(f) Authorization to enhance [existing] subzones.--Unless as
a result of a request the limitation on size established in
subsection (a) would be exceeded, a subzone [of a keystone
opportunity zone] may request to enhance its size. The request
to enhance a subzone must be made on a subzone-by-subzone basis.
A qualified political subdivision [having an approved] which is
seeking a subzone within its jurisdiction [which is seeking to
enhance its size] must pass the required ordinances, resolutions
or other required action of the qualified political subdivision
for the necessary exemptions, deductions, abatements or credits
pursuant to this act for the period beginning on [the date of
designation and ending on the date the subzone expires and must
submit copies] January 1, 2004, and ending on December 31, 2010,
or December 31, 2013. Copies of the ordinance, resolution or
other action must be submitted to the department by [June 1,
2003] May 1, 2004.
Section 301.1. Keystone opportunity expansion zones.
* * *
(e) Authorization to enhance [existing] expansion
subzones.--Unless as a result of a request the limitation on
size established in subsection (a) would be exceeded, an
expansion subzone [of a keystone opportunity expansion zone] may
request to enhance its size. The request to enhance [the] an
expansion subzone must be made on a subzone-by-subzone basis. A
qualified political subdivision [having an approved] which is
seeking an expansion subzone within its jurisdiction [which is
seeking to enhance its size] must pass the required ordinances,
resolutions or other required action of the qualified political
subdivision for the necessary exemptions, deductions, abatements
or credits pursuant to this act for the period beginning on [the
date of designation and ending on the date the expansion subzone
expires and must submit copies] January 1, 2004, and ending on
December 31, 2010, or on December 31, 2013. Copies of the
ordinance, resolution or other action must be submitted to the
department by [June 1, 2003] May 1, 2004.
Section 301.2. Keystone opportunity improvement zones.
* * *
(c) Application.--By June 1, [2003] 2004, a political
subdivision may apply to the department for approval of the
designation of the deteriorated property as an improvement
subzone for the period designated under subsection (b). The
application must be on a form provided by the department and
must include a copy of an ordinance, resolution or other
required action from the governing body of the political
subdivision exempting or providing the deductions, abatement or
credits required by Chapter 7 to qualified persons and qualified
businesses within the proposed improvement subzone. Except as
provided in section [309] 1309, all appropriate ordinances and
resolutions must be effective for the period specified in the
executive order, and must be binding and nonrevocable on the
political subdivision.
* * *
Section 302. Application.
* * *
(a.1) Enhancement application.--One or more political
subdivisions within [an existing] a keystone opportunity zone or
keystone opportunity expansion zone, or a designee of one or
more political subdivisions within [an existing] a keystone
opportunity zone or keystone opportunity expansion zone, may
apply to the department to designate deteriorated property
within the political subdivision or portions of the political
subdivision as enhancements to a subzone or an expansion
subzone. The application must satisfy the requirements of
subsection (a)(1), (2), (3), (5) and (6).
* * *
(c) Application limitation.--A political subdivision may
submit only one application to the department for authorization
as a keystone opportunity zone. A political subdivision may
submit only one application to the department for authorization
as a keystone opportunity expansion zone. A political
subdivision may submit only one application to the department
for designation of enhancements to [existing] keystone
opportunity zones and keystone opportunity expansion zones. If a
political subdivision seeks to enhance its [existing keystone
opportunity zone] subzone under section 301(f) or its [existing
keystone opportunity expansion zone] expansion subzone under
section 301.1(e) and the Governor has designated an improvement
subzone located within the political subdivision under section
301.2(b), the political subdivision [shall] must submit one
application containing both the request required by section
301(f) or 301.1(e) and the application required by section
301.2(c).
Section 303. Review.
(a) Action of department.--The department, in consultation
with the Department of Revenue, shall review all completed
applications submitted under this act. An application for
authorization as a keystone opportunity zone and designation of
subzones [shall] must be received by the department on or before
September 30, 1998, in order to be considered by the department.
An application for authorization as a keystone opportunity
expansion zone and designation of expansion subzones [shall]
must be received by the department on or before February 28,
2001, in order to be considered by the department. An
application for enhancement of [an existing] a keystone
opportunity zone or of [an existing] a keystone opportunity
expansion zone and designation of enhancements to subzones and
to expansion subzones must be received by the department on or
before June 1, [2003] 2004.
(b) Process.--The department shall authorize up to 12
keystone opportunity zones from applications meeting the
criteria in section 304 based upon need and likelihood of
success. The department shall authorize up to 12 keystone
opportunity expansion zones from applications meeting the
criteria in section 304 based upon need and likelihood of
success. Additionally, the department shall not alter the
geographic boundaries of a subzone or expansion subzone or the
duration of a subzone or expansion subzone described in an
application. The department shall [designate] authorize
additional enhancements to [existing] keystone opportunity zones
and keystone opportunity expansion zones from applications
meeting the criteria in section 304 based upon need and
likelihood of success as determined by the department.
(c) Authorizations.--The department shall authorize all
keystone opportunity zones by November 30, 1998. The department
shall authorize all keystone opportunity expansion zones by
March 30, 2001. The department shall [designate] authorize all
enhancements to [existing] keystone opportunity zones and
keystone opportunity expansion zones by [October 1, 2003] June
30, 2004.
(d) Effective date of designation.--The designation of a
subzone under this act shall take effect on January 1, 1999. The
designation of an expansion subzone under this act shall take
effect on January 1, 2001. The designation of enhancements to
[existing keystone opportunity zones and keystone opportunity
expansion zones] subzones and expansion subzones under this act
shall take effect January 1, 2004. The designation of an
improvement subzone under this act shall take effect on the date
the property is designated an improvement subzone.
* * *
Section 304. Criteria for authorization of keystone
opportunity zone.
* * *
(c) Tax exemption ordinances.--An area shall not be
authorized as a keystone opportunity zone or a keystone
opportunity expansion zone unless, as a part of the application,
each political subdivision in which the proposed subzone or
proposed expansion subzone is to be located adopts and provides
a copy of an ordinance, resolution or other required action from
the governing body of each political subdivision that exempts or
provides deductions, abatements or credits to qualified persons
and qualified businesses from local taxes upon designation of
the area as a subzone or expansion subzone. All appropriate
ordinances and resolutions shall be effective on or before
January 1, 1999, if designation as a subzone is granted. All
appropriate ordinances and resolutions shall be effective on
January 1, 2001, if designation as an expansion subzone is
granted. All appropriate ordinances and resolutions shall be
effective January 1, 2004, if designation of enhancements to [an
existing keystone opportunity zone or keystone opportunity
expansion zone] a subzone or expansion subzone are granted.
Except as provided in section 309, the resolution, ordinance or
other required action shall be binding and nonrevocable on the
qualified political subdivisions for the duration of the
opportunity plan.
* * *
Section 4. Section 306 of the act, amended December 20, 2000
(P.L.841, No.119), is amended to read:
Section 306. Residency.
In order to qualify each year for a tax exemption, deduction,
abatement or credit under this act, a person shall be domiciled
and shall reside in a subzone [or], expansion subzone or
improvement subzone for a period of 184 consecutive days during
each taxable year, which may begin on the date of designation by
the department or on the date the person first resides within
the subzone [or], expansion subzone or improvement subzone.
Section 5. Sections 307(b) and 515(d)(3) of the act, amended
December 9, 2002 (P.L.1727, No.217), are amended to read:
Section 307. Qualified businesses.
* * *
(b) Relocation.--Any business that relocates from outside a
subzone, improvement subzone or expansion subzone into a
subzone, improvement subzone or expansion subzone shall not
receive any of the exemptions, deductions, abatements or credits
set forth in this act unless that business [either] does one of
the following:
(1) increases full-time employment by at least 20% in
the first full year of operation within the subzone,
improvement subzone or expansion subzone; [or]
(2) makes a capital investment in the property located
within [a] the subzone, improvement subzone or expansion
subzone at least equivalent to 10% of the gross revenues of
that business in the immediately preceding calendar or fiscal
year[.]; or
(3) enters into a lease agreement for property located
within the subzone, improvement subzone or expansion subzone:
(i) for a term at least equivalent to the duration
of the subzone, improvement subzone or expansion subzone;
and
(ii) with aggregate payment under the lease
agreement at least equivalent to 5% of the gross revenues
of that business in the immediately preceding calendar or
fiscal year.
The department, in consultation with the Department of Revenue,
may waive or modify the requirements of this subsection, as
appropriate.
Section 515. Corporate net income tax.
* * *
(d) Income apportionment.--The taxable income of a
corporation that is a qualified business shall be apportioned to
the subzone, improvement subzone or expansion subzone by
multiplying the Pennsylvania taxable income by a fraction, the
numerator of which is the property factor plus the payroll
factor plus the sales factor and the denominator of which is
three, in accordance with the following:
* * *
(3) The sales factor is a fraction, the numerator of
which is the total sales of the taxpayer in the subzone,
improvement subzone or expansion subzone during the tax
period and the denominator of which is the total sales of the
taxpayer in this Commonwealth during the tax period.
(i) Sales of tangible personal property are in the
subzone, improvement subzone or expansion subzone if the
property is delivered or shipped to a purchaser that
takes possession within the subzone, improvement subzone
or expansion subzone regardless of the F.O.B. point or
other conditions of the sale.
(ii) Sales other than sales of tangible personal
property are in the subzone, improvement subzone or
expansion subzone if:
(A) the income-producing activity is performed
in the subzone, improvement subzone or expansion
subzone; or
(B) the income-producing activity is performed
both within and without the subzone, improvement
subzone or expansion subzone and a greater proportion
of the income-producing activity is performed in the
subzone, improvement subzone or expansion subzone
than in any other location, based on costs of
performance.
* * *
Section 6. This act shall take effect immediately.
APPROVED--The 23rd day of December, A. D. 2003.
EDWARD G. RENDELL
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