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40-14B-5
Section 40-14B-5 Statement included with offering. Any offering material involving the sale
of securities of the certified capital company must include the following statement: "By
authorizing the formation of a certified capital company, the State of Alabama does not endorse
the quality of management or the potential for earnings of the company and is not liable for
damages or losses to a certified investor in the company. Use of the word "certified"
in an offering does not constitute a recommendation or endorsement of the investment by the
Alabama Development Office of public accounts. If applicable provisions of law are violated,
the State of Alabama may require forfeiture of unused premium tax credits and repayments of
used premium tax credits." (Act 2002-429, p. 1108, §5.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-14B-5.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-14B-1.htm - 7K - Match Info - Similar pages
40-14A-1
Section 40-14A-1 Definitions. For purposes of this chapter, the following terms shall mean:
(a) ALABAMA S CORPORATION. An S corporation defined under Section 40-18-160. (b) C CORPORATION.
A corporation other than an Alabama S corporation. (c) CODE. The Internal Revenue Code of
1986, as amended from time to time. (d) CORPORATION. An entity, including a limited liability
company electing to be taxed as a corporation for federal income tax purposes, through which
business can be conducted while offering limited liability to the owners of the entity with
respect to some or all of the obligations of the entity, other than a limited liability entity
or a disregarded entity. The term "corporation" shall include but not be limited
to the following: Corporations, professional corporations, joint stock companies, unincorporated
professional associations, real estate investment trusts, limited liability companies electing
to be taxed as corporations for federal income tax purposes, and all...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-14A-1.htm - 7K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-18-376.htm - 7K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-14B-15.htm - 1K - Match Info - Similar pages
40-14B-14
Section 40-14B-14 Vested premium tax credit - Generally. (a) A certified investor who makes
an investment of certified capital shall in the year of investment earn a vested credit against
state premium tax liability equal to 100 percent of the certified investor's investment of
certified capital, subject to the limits imposed by this chapter. A certified investor may
take up to 12.5 percent of the vested premium tax credit in any taxable year of the certified
investor, beginning in the second calendar year after the investment. (b) The credit to be
applied against state premium tax liability in any one year may not exceed the state premium
tax liability of the certified investor for the taxable year. Any unused credit against state
premium tax liability may be carried forward indefinitely until the premium tax credits are
used. (c) A certified investor claiming a credit against state premium tax liability earned
through an investment in a company is not required to pay any additional...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-14B-14.htm - 1K - Match Info - Similar pages
40-14B-10
Section 40-14B-10 Qualified distributions. (a) A certified capital company may make a qualified
distribution at any time. To make a distribution or payment, other than a qualified distribution,
a company must have made qualified investments in an amount cumulatively equal to at least
100 percent of its certified capital. (b) Notwithstanding subsection (a), a company may make
payments of principal and interest on its indebtedness without any restriction, including
payments of indebtedness of the company on which certified investors earned premium tax credits.
(c) The State of Alabama shall receive a 10 percent share of any distributions other than
qualified distributions and payments with respect to indebtedness from the certified capital
company to its equity holders above and beyond the amount of distributions that would result
in an internal rate of return on the total amount of certified capital allotted to the certified
capital company plus any additional capital contribution to...
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40-27-1
a tax measured in any way by the capital of a corporation considered in its entirety. 6. "Gross
receipts tax" means a tax, other than a sales tax, which is imposed on or measured by
the gross volume of business, in terms of gross receipts or in other terms, and in the determination
of which no deduction is allowed which would constitute the tax an income tax. 7. "Sales
tax" means a tax imposed with respect to the transfer for a consideration of ownership,
possession or custody of tangible personal property or the rendering of services measured
by the price of the tangible personal property transferred or services rendered and
which is required by state or local law to be separately stated from the sales price by the
seller, or which is customarily separately stated from the sales price, but does not include
a tax imposed exclusively on the sale of a specifically identified commodity or article or
class of commodities or articles. 8. "Use tax" means a nonrecurring tax, other than
a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-27-1.htm - 42K - Match Info - Similar pages
40-14-41
or other political subdivision of the State of Alabama, or any public corporation organized
under the laws of the State of Alabama, unless the corporation is a dealer in securities.
c. The amount invested by the taxpayer in all devices, facilities, or structures, and all
identifiable components or materials for use therein, acquired or constructed primarily for
the control, reduction, or elimination of air or water pollution. d. The amount invested by
the taxpayer in all real and tangible personal property, equipment, facilities, structures,
and components including, but not limited to, all aircraft replacement parts, components,
systems, supplies, and sundries affixed or used on an aircraft, and ground support equipment
and vehicles used by or for the aircraft, when used by certified or licensed air carrier with
a hub operation within this state, for use in conducting intrastate, interstate, or foreign
commerce for transporting people or property by air. For the purpose of this...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-14-41.htm - 13K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/27-4A-3.htm - 16K - Match Info - Similar pages
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