Code of Alabama

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40-18-374
Section 40-18-374 Claiming of incentives; project agreement; amounts and durations of incentives.
(a) An incentivized company may claim either or both of the jobs act incentives, to the extent
provided in the project agreement. (b) In order for an incentivized company to claim the jobs
act incentives, the Governor and the incentivized company shall execute a project agreement.
The agreement shall contain all of the following: (1) The name of the incentivized company;
(2) The location of the qualifying project; (3) The activity to be conducted at the qualifying
project; (4) The jobs act incentives to be granted and the order in which they shall be claimed;
(5) The capital investment to be made at the qualifying project; (6) The time period for the
capital investment to be made at the qualifying project; (7) The number of eligible employees
at the qualifying project; (8) The anticipated wages to be paid to or for the benefit of eligible
employees during the incentive period for the jobs...
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41-10-44.8
Section 41-10-44.8 Tax credits, job development fees and other incentives. (a) Upon the issuance
by the authority of its project obligations for the purpose of financing a project for an
approved company with respect to which the authority adopted a resolution accepting the project
prior to January 16, 1995, the approved company: (1) Shall receive a credit against the corporate
income tax levied by Section 40-18-31 that otherwise would be owed to the state in any year
by the approved company on its income generated by or arising out of the project, such credit
not to exceed the lesser of (i) the amount due in tax, or (ii) the amount paid by the approved
company pursuant to a financing agreement in the year for which the tax is due, corresponding
to debt service on the project obligations; and (2) May elect to withhold and retain the aggregate
job development fees described in paragraph (b) below, but only to the extent that debt service
payments under the financing agreement(s) exceed...
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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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40-18-403
Section 40-18-403 Port credits. (a) If approved by the commission, a port credit is allowed,
in an amount equal to fifty dollars ($50) per TEU, three dollars ($3) per net ton, or four
cents ($0.04) per kilogram for air freight, multiplied by the following: (1) The port user's
cargo volume in the 12-month period for which the commission has granted approval for the
port user to claim the port credit, minus (2) The port user's base cargo volume. (b) The commission
shall decrease the amount of the port credit to ensure that the anticipated revenues for the
port facility and state will exceed the amount of the port credit sought. The port credit
may be conditioned on whatever requirements the commission shall impose. The port credits
shall only be available to the extent that a port facility user ships more than 105 percent
of its cargo volume from the 12-month period immediately preceding the port facility user's
application. Moreover, the port credit shall only be available to the extent...
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41-10-51
Section 41-10-51 Definitions. When used in this article, the following terms shall have the
following meanings, respectively, unless the context clearly indicates otherwise: (1) STATE.
The State of Alabama. (2) COUNTY. Jefferson County in this state. (3) AUTHORITY. The Southern
Products Mart Authority authorized to be incorporated under the provisions of this article.
(4) BOARD or BOARD OF DIRECTORS. The board of directors of the authority. (5) DIRECTOR OF
FINANCE. The Director of Finance of the state. (6) SECRETARY OF THE ALABAMA DEPARTMENT OF
COMMERCE. The Secretary of the Alabama Department of Commerce of the state. (7) EXECUTIVE
SECRETARY TO THE GOVERNOR. The Executive Secretary to the Governor of the state. (8) STATE
TREASURER. The Treasurer of the state. (9) STATE TREASURY. The Treasury of the state. (10)
BOND. Any bond authorized to be issued pursuant to the provisions of this article, including
a refunding bond as hereinafter authorized. (11) COUPON. Any interest coupon...
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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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40-9F-38
Section 40-9F-38 Historic Tax Credit Evaluating Committee. (a) There is hereby established
the Historic Tax Credit Evaluating Committee, which shall review qualifying projects, approve
credits for projects, and rank projects in the order in which the projects should receive
tax credit reservations based on criteria established by the commission. The commission shall
establish a review cycle for the committee beginning on January 1, 2018, provided that the
committee shall meet at least quarterly unless no credits remain to be allocated. The Commissioner
of Revenue shall be a non-voting member of the committee and provide advisory and technical
support. The committee shall consist of the following: (1) Director of the Governor's Office
of Minority Affairs. (2) The Executive Director of the Alabama Historical Commission. (3)
The Finance Director. (4) The Director of the Alabama Department of Economic and Community
Affairs. (5) The Secretary of Commerce. (6) Two members of the Alabama...
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27-31B-3
Section 27-31B-3 Licensing. (a) Any captive insurance company, when permitted by its articles
of association, charter, or other organizational document, may apply to the commissioner for
a license to do any and all insurance defined in Sections 27-5-2, 27-5-4, and 27-5-5, in subdivisions
(1), (2), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), and (14) of subsection (a)
of Section 27-5-6, in Sections 27-5-7, 27-5-8, 27-5-9, and 27-5-10, and to grant annuity contracts
as defined in Section 27-5-3, subject, however, to all of the following: (1) No pure captive
insurance company may insure any risks other than those of its parent and affiliated companies
or controlled unaffiliated business. (2) No association captive insurance company may insure
any risks other than those of the member organizations of its association, and their affiliated
companies. (3) No industrial insured captive insurance company may insure any risks other
than those of the industrial insureds that comprise...
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27-28-2
Section 27-28-2 Plan for exchange of stock, etc., between domestic stock insurer and holding
company - Procedure for exchange. A plan of exchange shall be adopted and become effective
in the following manner: (1) APPROVAL OF THE BOARDS OF DIRECTORS. - The boards of directors
of each corporate party to the plan of exchange by resolution shall adopt the plan of exchange
which shall set forth the terms and conditions of the exchange and the mode of carrying the
same into effect and such other provisions with respect to the exchange as may be deemed necessary
or desirable. (2) APPROVAL OF COMMISSIONER. - Every plan of exchange, before being submitted
to vote of the stockholders pursuant to subdivision (3) of this section, shall be submitted
for approval to the commissioner in accordance with the following procedure: a. After the
approval required by subdivision (1) of this section is obtained, the domestic company shall
submit to the commissioner three copies of the plan of exchange and...
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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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