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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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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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40-18-370
Section 40-18-370 Short title; legislative findings; definitions. (a) This article shall be
known and may be cited as the Alabama Jobs Act. (b) The Legislature makes the following findings:
(1) The economic well-being of the citizens of the state will be enhanced by the increased
development and growth of employment within Alabama. (2) It is in the best interests of the
state to provide certain incentives to allow the state to foster economic development through
the recruitment of quality projects and the expansion of existing businesses within Alabama.
(3) The incentives provided for in this article do not raise any taxes for any individuals
or businesses in Alabama under state law. (4) The incentives provided in this article will
allow the state to encourage the creation of new jobs that may not otherwise exist within
the State of Alabama. (5) The incentives provided in this article will increase revenues for
the state without increasing taxes. (6) The Constitution of the State of...
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40-9G-2
Section 40-9G-2 Incentives for qualifying projects; filings; audits; promulgation of regulations.
(a) For any qualifying project, an abatement may be allowed for ad valorem taxes and construction
related transaction taxes. (1) The abatement of construction related transaction taxes shall
be subject to and shall follow the procedures, provisions, limitations, and definitions of
Chapter 9B, except that capitalized repairs, rebuilds, maintenance and replacement equipment
shall qualify for abatements. (2) The abatement of ad valorem taxes shall be subject to and
shall follow the procedures, provisions, limitations, and definitions of Chapter 9B, except
as follows: a. The amount of the ad valorem tax abatement shall be equal to the ad valorem
taxes owed, minus the ad valorem taxes owed from the tax year immediately before the qualifying
project was placed in service; b. As to any ad valorem tax abatement, capitalized repairs,
rebuilds, maintenance and replacement equipment shall qualify for...
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40-18-376.2
Section 40-18-376.2 Additional jobs credit for employment of veterans. (a) The provisions in
this section shall apply to the following: (1) Any incentivized company that employed, in
the prior year, at least 12 percent of its eligible employees as veterans who received an
honorable or general discharge. The calculation of the percentage of eligible employees who
are veterans shall be made using the method provided in a project agreement. (2) Any incentivized
company that employed eligible employees by or through a qualifying project located within
a former active duty military installation closed by the Base Realignment and Closure process.
(b)(1) Any incentivized company described by subdivision (1) of subsection (a) shall receive
an additional 0.5 percent jobs credit provided in Section 40-18-375(a) on the wages paid during
the prior year to eligible employees who are veterans. (2) Any incentivized company described
by subdivision (2) of subsection (a) shall receive an additional 0.5...
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40-18-371
Section 40-18-371 Requirements for receipt of incentives. For a company to receive one or both
of the jobs act incentives provided in this article, all of the following shall occur: (1)
There must be a qualifying project predominantly conducting an activity specified in Section
40-18-372(1); (2) The qualifying project shall create at least the number of new jobs specified
in Section 40-18-372(2); (3) The company proposing the qualifying project must be an approved
company, as provided in Section 40-18-373; (4) The approved company and the Governor must
enter into a project agreement, as provided in Section 40-18-374; (5) If the incentivized
company is allowed a jobs credit, the proof of wages actually paid shall have been delivered
and certified, as provided in Section 40-18-375; and (6) If the incentivized company is allowed
an investment credit, the proof of capital actually invested shall have been delivered and
certified, as provided in Section 40-18-376. (Act 2015-27, p. 103, §3;...
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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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40-18-403
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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40-18-377
Section 40-18-377 Project agreements forwarded to Department of Revenue; incentives not deemed
securities. (a) After its execution, the Department of Commerce shall forward to the Department
of Revenue a copy of any project agreement that allows an incentivized company to claim a
jobs act incentive. (b) Jobs act incentives shall not be considered securities under Section
8-6-2(10). (Act 2015-27, §3.)...
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40-18-375
Section 40-18-375 Jobs credit against utility taxes; realization of benefits; regulations.
(a) If provided for in the project agreement and in accordance with the terms therein, the
incentivized company is allowed a jobs credit against utility taxes, in an annual amount equal
to 3 percent of the wages paid to eligible employees during the prior year. The incentive
period shall be 10 years. (b) The project agreement shall provide that one of the following
methods shall be used to realize the benefits of the jobs credit: (1)a. The jobs credit may
be paid to the incentivized company as a refund out of utility taxes during the incentive
period, regardless of the amount of utility taxes actually paid by the incentivized company.
b. For each year of the incentive period for the jobs credit, the incentivized company shall
submit to the Department of Commerce a certification as to the wages paid to eligible employees
during the prior year. Following such examination as it deems necessary, the...
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