40-18-378
Section 40-18-378 Verification of employment numbers; audits; return of unearned credit amounts;
liability of incentivized companies. (a) The Department of Labor shall periodically verify
the actual number of eligible employees employed at the qualifying project and the wages of
the eligible employees during the relevant year. If the Department of Labor is not able to
provide the verification utilizing all available resources, it may request any additional
information from the incentivized company as may be necessary. The Department of Revenue may
periodically audit any incentivized company to monitor compliance by the incentivized company
with this article. Nothing in this article shall be construed to limit the powers otherwise
existing for the Department of Revenue to audit and assess an incentivized company. The Department
of Insurance shall have similar audit rights over any incentivized company that is subject
to the insurance premium tax. (b) The project agreement shall include...
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40-18-373
Section 40-18-373 Approved companies. In order for a company to be an approved company, all
of the following shall occur: (1) For any company that proposes a qualifying project, the
Secretary of Commerce shall make all of the following findings: a. That the project is in
fact a qualifying project; b. That the qualifying project will not decrease, directly or indirectly,
Alabama's exports; and c. That the amount of tax incentives sought are exceeded by anticipated
revenues for the state, including income, property, business privilege, utility, gross receipts,
sales, and use tax revenues that are generated by the economic activity resulting from the
project, as they arise from the following aspects of the qualifying project: 1. Construction
activities related to the qualifying project; 2. The purchase of building materials and the
initial equipping of the qualifying project; 3. The subsequent equipping of the qualifying
project; and 4. The operation of the qualifying project. (2) Upon...
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40-18-376.3
Section 40-18-376.3 Qualifying projects by technology companies. (a)(1) This section shall
be applicable to a technology company so long as there is a project agreement which provides
that Alabama is or will become the company's headquarters, the place of residence of its top
three executives, and the place of residence of at least 75 percent of its employees. (2)
In making the findings required by Section 40-18-373(1), a technology company that proposes
a qualifying project shall be an approved company for purposes of this section only if the
Secretary of Commerce makes the additional finding that the qualifying project will increase
the economic diversity of, or otherwise benefit, the state. (b) If provided for in the project
agreement, the following shall be allowed to any company which meets all the criteria in subsection
(a): (1) A qualifying project shall be deemed to be in existence notwithstanding the requirements
of Section 40-18-372 so long as at least five new employees are...
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40-18-384
Section 40-18-384 Special industrial or research enterprises; amounts and durations of incentives;
fees for amendments to project agreements. (a) Both of the following shall be considered industrial
or research enterprises for purposes of Chapter 9B of this Title 40, approved activities for
purposes of Chapter 9G of this Title 40, and qualifying projects for purposes of Article 16
of Chapter 18 of this Title 40: (1) Any trade or business predominately consisting of an activity
described in Section 40-18-376.3(c). (2) The agricultural center described in Section 40-18-411(a)(2)c.
(b) The agricultural center is allowed the investment credit as provided in Section 40-18-376
for a period not to exceed 10 years. (c) For purposes of Article 16 of Chapter 18 of Title
40, the Governor may decrease the amounts and durations of the jobs act incentives. The Department
of Commerce may charge fees for amendments to project agreements entered into under Article
16 of Chapter 18 of Title 40. (d) As...
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40-18-401
Section 40-18-401 Applications; construction of article. (a) The port credit provided for in
Section 40-18-403 is created by this article and is allowed upon strict compliance with the
provisions herein. (b) Prior to the allowance of the port credit, an application shall be
filed with the commission, on a form promulgated by the commission. (1) The application shall
be filed by the port facility user desiring to claim the credit. (2) The commission shall
establish deadlines for applications. Such applications shall solicit whatever information
the commission deems important to its determination of whether granting a port credit will
create new, high paying jobs in the state, bring substantial capital to the state, increase
the usage of a port facility, promote the development of clusters of businesses in the state,
or promote the economic development efforts of the state. (3) Upon review of the applications,
the commission may approve such applications as shall result in port credits...
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41-7A-43
Section 41-7A-43 Rebates for qualified production companies. (a) Beginning January 1, 2009,
a qualified production company shall be entitled to a rebate for production expenditures,
as defined in subdivision (7) of Section 41-7A-42, related to a state-certified production.
The rebate shall be equal to 25 percent of the state-certified production's production expenditures
excluding payroll paid to residents of Alabama plus 35 percent of all payroll paid to residents
of Alabama for the state-certified production, provided the total production expenditures
for a project must equal or exceed at least five hundred thousand dollars ($500,000), but
no rebate shall be available for production expenditures incurred after the first twenty million
dollars ($20,000,000) of production expenditures expended in Alabama on a state-certified
production. (b) A single episode in a television series or miniseries may be considered a
single production project for purposes of this section. However, in...
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34-8-7
Section 34-8-7 Exemptions from chapter; subcontractor requirements. (a) The following shall
be exempted from this chapter: (1) The practice of general contracting, as defined in Section
34-8-1, by an authorized representative or representatives of the United States Government,
State of Alabama, incorporated town, city, or county in this state, which is under the supervision
of a licensed architect or engineer provided any work contracted out by the representative
shall comply with the provisions of this chapter for general contractor. (2) The construction
of any residence or private dwelling. (3) A person, firm, or corporation constructing a building
or other improvements on his, her, or its own property provided that any of the work contracted
out complies with the definition in this chapter for general contractor. A municipal governing
body or municipal regulatory body may not enact any ordinance or law restricting or altering
this exemption. Any municipal ordinance or regulation...
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40-18-15
Section 40-18-15 Deductions for individuals generally. (a) No deduction shall be allowed for
any losses, expenses, or interest deferred or disallowed pursuant to 26 U.S.C. § 267 or for
any cost required to be capitalized in accordance with 26 U.S.C. § 263A; otherwise, there
shall be allowed as deductions: (1) All ordinary and necessary expenses paid or incurred during
the taxable year in carrying on any trade or business, as determined in accordance with 26
U.S.C. § 162. (2) Interest paid or accrued within the taxable year on indebtedness, limited
to the amount allowable as an interest deduction for federal income tax purposes in the corresponding
tax year or period pursuant to the provisions of 26 U.S.C. §§ 163, 264, and 265. (3) The
following taxes paid or accrued within the taxable year: a. Income taxes, Federal Insurance
Contribution Act taxes, taxes on self-employment income and estate and gift taxes imposed
by authority of the United States or any possession of the United...
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40-18-383
Section 40-18-383 Maximum balance of outstanding incentives; availability of incentives to
existing projects. (a) At no time shall the annualized balance of outstanding jobs act incentives
exceed $300 million, unless the Legislature, by joint resolution or other applicable action
of both houses, votes to allow additional jobs act incentives. (b) Jobs act incentives shall
not be available to any project for which substantial construction activities have begun by
July 2, 2015. (c) Jobs act incentives under this article shall not be available for any qualifying
project unless at least 80 percent of the eligible employees created by the qualifying project
are employed full time. (Act 2015-27, p. 103, §§6, 7; Act 2017-314, §1.)...
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40-9B-4.1
Section 40-9B-4.1 Availability of incentives. In no event shall any incentive provided in Act
2012-210 be available to any company filing an application after December 31, 2023, unless
Act 2012-210 is reauthorized pursuant to legislation in that year and once every five years
succeeding the 2024 reauthorization. Any project granted incentive prior to December 31, 2023,
shall be entitled to those incentives pursuant to the project agreement regardless of whether
Act 2012-210 is reauthorized. (Act 2012-210, p. 351, §3; Act 2018-475, §1.)...
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