§19-3204. Conditions for Exemptions, Abatements and Credits. [386]


(1) Qualifications. In order to qualify each year for a tax exemption, abatement or credit under this chapter, a business shall own or lease real property in the Zone from which the business actively conducts a trade, profession or business. The qualified business shall receive certification from DCED that the business is located, and is in the active conduct of a trade, profession or business, within the Zone. The business shall obtain annual renewal of the certification from DCED to continue to qualify under this section. A copy of the certification shall accompany the filing of any return or other required application with the City in order for the qualified business to obtain any tax exemption, abatement or credit provided under this Chapter.

(2) Approval by DCED. Any taxpayer claiming an exemption, abatement or credit under this chapter must, by December 31 of each year for which the exemption, abatement or credit is claimed, apply for and receive approval from DCED of eligibility for the benefit, as set forth in Sections 906 and 907 of the Act, as amended.[387]

(3) Relocation.

(a) Any business that relocates into the Zone from outside the Zone shall not receive any of the exemptions, abatements or credits set forth in this chapter unless that business either:

(.1) Increases full-time employment by at least twenty percent (20%) in the first full year of operation within the Zone, or

(.2) Makes a capital investment in the property located within the Zone equivalent to ten percent (10%) of the gross revenues of that business in the immediately preceding calendar or fiscal year.

(b) The Department may promulgate regulations establishing rules regarding the determination of whether a business is subject to these relocation rules, including rules concerning businesses that change their form of doing business in order to avoid these relocation rules, and rules concerning businesses that cease operations outside the Zone after commencement of operations inside the Zone.