Code of Alabama

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40-14B-12
Section 40-14B-12 Recapture of forfeiture of premium tax credits. (a) Decertification of a
certified capital company may cause the recapture of premium tax credits previously claimed
and the forfeiture of future premium tax credits to be claimed by certified investors with
respect to the company, as follows: (1) Except as set forth in subdivision (2), decertification
of a company on or before the third anniversary of its allocation date causes the recapture
of any premium tax credit previously claimed and the forfeiture of any future premium tax
credit to be claimed by a certified investor with respect to the company. (2) For a company
that meets the requirements for continued certification under subdivision (1) of subsection
(a) of Section 40-14B-6 and subsequently fails to meet the requirements for continued certification
under subdivision (2) of subsection (a) of Section 40-14B-6, any premium tax credit that has
been or will be taken by a certified investor on or before the third...
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40-14B-17
Section 40-14B-17 Vested premium tax credit - Pro rata allocation. (a) If the total premium
tax credits claimed by all certified investors exceeds the total limits on premium tax credits
established by subsection (a) of Section 40-14B-16, the Alabama Development Office shall allocate
the total amount of premium tax credits allowed under this chapter to certified investors
in certified capital companies on a pro rata basis in accordance with this chapter. (b) The
pro rata allocation for each certified investor shall be the product of: (1) A fraction, the
numerator of which is the amount of the premium tax credit allocation claim filed on behalf
of the investor and the denominator of which is the total amount of all premium tax credit
allocation claims filed on behalf of all certified investors. (2) The total amount of certified
capital for which premium tax credits may be allowed under this chapter. (c) On October 15,
2002, the Alabama Development Office shall notify each certified...
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40-18-376
Section 40-18-376 Investment credit; realization methods; regulations. (a) If provided for
in the project agreement, the incentivized company is allowed an investment credit in an annual
amount equal to 1.5 percent of the capital investment incurred as of the beginning of the
incentive period, to be used as follows: (1) To offset the income taxes found in this chapter,
or as an estimated tax payment of income taxes; (2) To offset the financial institution excise
tax found in Chapter 16; (3) To offset the insurance premium tax levied by Section 27-4A-3(a),
or as an estimated payment of insurance premium tax; (4) To offset utility taxes; or (5) To
offset some combination of the foregoing, so long as the same credit is used only once. The
incentive period shall begin no earlier than the placed-in-service date. The incentive period
shall be 10 years. Should only some portion of a tax year be included in the incentive period,
the amount of the investment credit shall be prorated on a daily...
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40-14B-15
Section 40-14B-15 Vested premium tax credit - Claim. (a) A premium tax credit allocation claim
must be prepared and executed by a certified investor on a form provided by the Alabama Development
Office. The certified capital company must file the claim with the Alabama Development Office
not later than October 1, 2002. The premium tax credit allocation claim form must include
an affidavit of the certified investor under which the certified investor becomes legally
bound and irrevocably committed to make an investment of certified capital in a certified
capital company in the amount allocated even if the amount allocated is less than the amount
of the claim, subject only to the receipt of an allocation under Section 40-14B-19. (b) A
certified investor may not claim a premium tax credit under Section 40-14B-16 for an investment
that has not been funded, even if the certified investor has committed to fund the investment.
(Act 2002-429, p. 1108, §15.)...
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40-14B-16
Section 40-14B-16 Vested premium tax credit - Amounts allowed. (a) The total amount of certified
capital for which premium tax credits may be allowed under this chapter for all years in which
premium tax credits are allowed is one hundred million dollars ($100,000,000). Notwithstanding
any provision of this chapter to the contrary, the granting of any credits against the insurance
premium tax shall not affect the insurance premium tax receipts of the Education Trust Fund
which is provided for in Act 93-679, 1993 Regular Session. (b) No premium tax credits can
be used until the second calendar year after the year of the investment by the certified investor.
(c) A certified investor may take up to 12.5 percent of the vested premium tax credit in any
taxable year of the certified investor, once the credits are earned, except for the initial
delay of this chapter. (d) A certified capital company and its affiliates may not file premium
tax credit allocation claims in excess of the maximum...
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41-9-219.4
Section 41-9-219.4 Recapture of tax credit; notice (a) The Department of Revenue shall recapture,
from the taxpayer that claimed or is entitled to claim the credit on a return, the tax credit
allowed under this article if, at any time during the seven-year period beginning on the date
of the original issue to the qualified equity investment in a qualified community development
entity, one of the following occurs: (1) Where any amount of the federal tax credit available
with respect to a qualified equity investment that is eligible for a tax credit under this
article is recaptured under Section 45D of the Internal Revenue Code of 1986, as amended,
the Department of Revenue's recapture shall be proportionate to the federal recapture with
respect to that qualified equity investment, and may then reallocate the recaptured credits
to other qualified taxpayers in the year of recapture, without regard for the annual allocation
limitation found in Section 41-9-219.2. (2) The Department of...
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40-14B-13
Section 40-14B-13 Indemnification, etc., of certified investors. The certified capital company
may agree to indemnify, or purchase a guaranty, indemnity, bond, insurance policy, or other
payment undertaking for the benefit of a certified investor for losses resulting from the
recapture or forfeiture of premium tax credits under Section 40-14B-12. (Act 2002-429, p.
1108, §13.)...
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40-14B-1
Section 40-14B-1 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) AFFILIATE. An affiliate of another person shall include any of the following:
a. A person who directly or indirectly either: 1. Beneficially owns 15 percent or more of
the outstanding voting securities or other voting ownership interests of the other person,
whether through rights, options, convertible interests, or otherwise; or 2. Controls or holds
power to vote 15 percent or more of the outstanding voting securities or other voting ownership
interests of the other person. b. A person owning 15 percent or more of the outstanding voting
securities or other voting ownership interests of which are directly or indirectly either:
1. Beneficially owned by the other person, whether through rights, options, convertible interests,
or otherwise; or 2. Controlled or held with power to vote by the other person. c. A partnership
or limited liability company in which the other person...
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27-4A-3
Section 27-4A-3 Generally. (a) Subject to the exceptions and exemptions hereinafter set forth,
for the year beginning on January 1, 1995, and for each year thereafter, every insurer shall
pay to the commissioner a premium tax equal to the percentage, as set out in this subsection,
of the premiums received by the insurer for business done in this state, whether the same
was actually received by the insurer in this state or elsewhere: (1) PREMIUM TAX ON LIFE INSURANCE
PREMIUMS. a. Except as hereinafter provided, the rates of taxation on life insurance premiums
shall be those amounts set out in the following schedule: Year Foreign Insurers Domestic Insurers
1995 2.9 1.3 1996 2.8 1.6 1997 2.7 1.8 1998 2.5 2.1 Every Year Thereafter 2.3 2.3 b. Individual
life insurance policies in a face amount of greater than $5,000 and up to and including $25,000,
excluding group life insurance policies, shall be taxed at the rate of one percent per annum.
c. Individual life insurance policies in a face...
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41-9-218
Section 41-9-218 Definitions. As used in this article, the following terms shall have the following
meanings: (1) APPLICABLE PERCENTAGE. Zero percent for the first credit allowance date, 8.33
percent for the next six credit allowance dates, for the total of 50 percent. (2) CREDIT ALLOWANCE
DATE. With respect to any qualified equity investment, the date on which such investment is
initially made and each of the six anniversary dates of that date thereafter. (3) DEPARTMENT.
The Department of Commerce. (4) LONG-TERM DEBT SECURITY. Any debt instrument issued by a qualified
community development entity, at par value or a premium, with an original maturity date of
at least seven years from the date of its issuance, with no acceleration of repayment, amortization,
or prepayment features prior to its original maturity date. The qualified community development
entity that issues the debt instrument may not make cash interest payments on the debt instrument
during the period beginning on the...
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