(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.