§19-3213. Recapture. [391]


(1) General rule. If any qualified business located within the Zone has received an exemption, abatement or credit under this Chapter and subsequently relocates outside of the Zone within five years, that business shall refund to the City or School District, as applicable, the following:
(a) If a qualified business relocates within three years from the date of first locating in the Zone, 66% of all the exemptions, abatements or credits attributed to that qualified business's participation in the Zone shall be refunded.

(b) If a qualified business relocates within three to five years from the date of first locating in the Zone, 33% of all exemptions, abatements or credits attributed to that qualified business's participation in the Zone shall be refunded.

(c) If the qualified business was located within a facility operated by a nonprofit organization to assist in the creation and development of a start-up business, no exemption, abatement or credit shall be refunded.

(2) If the Department, the Board of Revisions of Taxes or DCED finds that a taxpayer claimed an abatement, exemption or credit of real estate tax or any other tax to which the taxpayer was not entitled under the Act or this Chapter, the taxpayer shall be liable for the abated taxes and subject to the applicable interest and penalty provisions provided by law.