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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY M. SMITH, ADOLPH, BEAR, BELFANTI, BENNINGHOFF, BOBACK, BRENNAN, BROWN, CUTLER, DeLUCA, DENLINGER, FLECK, FRANKEL, FREEMAN, GEIST, GROVE, JOSEPHS, KORTZ, MANN, McGEEHAN, MELIO, MENSCH, MILLER, M. O'BRIEN, O'NEILL, PALLONE, PAYTON, PEIFER, PETRARCA, PETRI, PICKETT, PYLE, REICHLEY, SAMUELSON, SIPTROTH, SWANGER, VULAKOVICH, WALKO, WHITE AND YOUNGBLOOD, FEBRUARY 13, 2009 |
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| REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 13, 2009 |
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| AN ACT |
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1 | Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An |
2 | act relating to tax reform and State taxation by codifying |
3 | and enumerating certain subjects of taxation and imposing |
4 | taxes thereon; providing procedures for the payment, |
5 | collection, administration and enforcement thereof; providing |
6 | for tax credits in certain cases; conferring powers and |
7 | imposing duties upon the Department of Revenue, certain |
8 | employers, fiduciaries, individuals, persons, corporations |
9 | and other entities; prescribing crimes, offenses and |
10 | penalties," providing for an Energy Star related glass or |
11 | window technologies tax credit. |
12 | The General Assembly of the Commonwealth of Pennsylvania |
13 | hereby enacts as follows: |
14 | Section 1. Article XVIII-C heading of the act of March 4, |
15 | 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971, added |
16 | July 9, 2008 (P.L.922, No.66), is amended to read: |
17 | ARTICLE XVIII-C |
18 | [(RESERVED)] |
19 | ENERGY STAR RELATED GLASS |
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1 | OR WINDOW TECHNOLOGIES TAX CREDIT |
2 | Section 2. The act is amended by adding sections to read: |
3 | Section 1801-C. Definitions. |
4 | The following words and phrases when used in this article |
5 | shall have the meanings given to them in this section unless the |
6 | context clearly indicates otherwise: |
7 | "Energy Star related glass or window technology." A glass or |
8 | window that has been certified as in compliance with and |
9 | qualifies as an Energy Star product pursuant to the |
10 | Environmental Protection Agency and the Department of Energy, |
11 | Energy Star Program and bears the Energy Star label. |
12 | "Energy Star related glass or window technologies tax credit" |
13 | or "tax credit." The credit provided under this article. |
14 | "Department." The Department of Revenue of the Commonwealth. |
15 | "Qualified tax liability." The liability for taxes imposed |
16 | under Article III, IV, V or VI. The term does not include any |
17 | tax withheld by an employer from an employee under Article III. |
18 | "Taxpayer." An entity subject to tax under Article III, IV, |
19 | V or VI. |
20 | Section 1802-C. Eligible applicants. |
21 | A taxpayer that manufactures Energy Star related glass or |
22 | window technologies may apply for the Energy Star related glass |
23 | or window technologies tax credit as provided under this |
24 | article. By February 1 of each year, a taxpayer must submit an |
25 | application to the department for the amount of investment in |
26 | the manufacturing of Energy Star related glass or window |
27 | technologies that was made in the taxable year that ended the |
28 | prior calendar year. |
29 | Section 1803-C. Award of tax credits. |
30 | A taxpayer that is qualified under section 1802-C may receive |
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1 | an Energy Star related glass or window technologies tax credit |
2 | for the taxable year in an amount equal to 20% of the total |
3 | amount of all capital, operation and maintenance costs paid for |
4 | Energy Star related glass or window technologies in the taxable |
5 | year to be applied against the taxpayer's qualified tax |
6 | liability. |
7 | Section 1804-C. Carryover and carryback of credit. |
8 | (a) Carryover.--If the taxpayer cannot use the entire amount |
9 | of the Energy Star related glass or window technologies tax |
10 | credit for the taxable year in which the tax credit is first |
11 | approved, the excess may be carried over to succeeding taxable |
12 | years and used as a credit against the qualified tax liability |
13 | of the taxpayer for those taxable years. Each time that the tax |
14 | credit is carried over to a succeeding taxable year, it is to be |
15 | reduced by the amount that was used as a credit during the |
16 | immediately preceding taxable year. The tax credit may be |
17 | carried over and applied to succeeding taxable years for no more |
18 | than five taxable years following the first taxable year for |
19 | which the taxpayer was entitled to claim the tax credit. |
20 | (b) Application.--An Energy Star related glass or window |
21 | technologies tax credit approved by the department in a taxable |
22 | year first shall be applied against the taxpayer's qualified tax |
23 | liability for the current taxable year as of the date on which |
24 | the tax credit was approved before the tax credit is applied |
25 | against any tax liability under subsection (a). |
26 | (c) Carryback.--A taxpayer is not entitled to carry back or |
27 | obtain a refund of an unused Energy Star related glass or window |
28 | technologies tax credit. |
29 | Section 1805-C. Termination. |
30 | The department shall not approve an Energy Star related glass |
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1 | or window technologies tax credit under this article for taxable |
2 | years ending after December 31, 2013. |
3 | Section 1806-C. Regulations. |
4 | The department shall promulgate regulations necessary for the |
5 | implementation and administration of this article. |
6 | Section 2. The addition of sections 1801-C, 1802-C, 1803-C, |
7 | 1804-C, 1805-C and 1806-C of the act shall apply to tax years |
8 | beginning after December 31, 2009. |
9 | Section 3. This act shall take effect immediately. |
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