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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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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40-18-376.2
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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23-2-153
Section 23-2-153 Exemptions from levy, charge, assessment, collection, etc., of certain taxes;
certificate of exemption. (a) The exercise of the powers granted by this article shall be
in all respects for the benefit of the people of the state, for the increase of their commerce
and prosperity, and for the improvement of their health and living conditions. Since the ownership,
operation, and maintenance of toll road, bridge, or tunnel projects by the authority will
constitute the performance of essential functions, the authority, department, and any concessionaire,
or any contractor, subcontractor, or agent thereof, shall not be required to pay the taxes
or assessments as specifically authorized in this section upon any toll road, bridge, or tunnel
project or any property acquired or used by the authority, department, or any concessionaire
under this article. (b) An income, excise, or license tax or assessment may not be levied
upon or collected in the state with respect to any...
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40-16-11
Section 40-16-11 Transition rules for Financial Institution Excise Tax Reform Act of 2019.
This section provides for transition rules for the implementation of the Financial Institution
Excise Tax Reform Act of 2019. (1) Act 2019-284 imposes for the first time a system of prepaid
estimated tax payments patterned after the federal system and transitions the Financial Institution
Excise Tax from the current post-payment system. To account for this transition, the Department
of Revenue shall waive both penalties and interest attributable to underpayments of estimated
tax payments occurring within the first two applicable tax years and not attributable to an
intentional disregard of the law. (2) Act 2019-284's conformity of the depreciation deduction
allowed in the calculation of the tax due under this chapter with the corollary deduction
allowed for federal income tax purposes, as well as the act's express rejection of the federal
Tax Cuts and Jobs Act of 2017's (i) limitations on the...
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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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45-39-92.52
Section 45-39-92.52 Disposition of funds. Expenditures from the special fund provided for in
Section 45-39-92.51 shall be made exclusively for the purposes of paying principal of and
interest on securities evidencing obligations incurred for payment for the Shoals Economic
Development Project. All of the proceeds of the taxes herein authorized shall be specifically
pledged by the Lauderdale County Commission to the payment of principal of and interest on
the securities, whether such securities are issued by the county or by a local public corporation.
The pledge of the taxes herein authorized for the payment of the principal of and interest
on securities issued by Lauderdale County or a local public corporation, together with any
applicable covenants of the county and the local public corporation relating to such pledge,
shall have the force of contract between the county, the local public corporation, and the
holders of the securities. The proceeds of the taxes may be deposited by the...
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40-18-413
Section 40-18-413 (Per Section 40-18-416, this section is repealed following the close of fiscal
year 2020) Scope and use of Growing Alabama Credits. (a) A taxpayer is allowed a Growing Alabama
Credit to be applied against the tax levied by this chapter. In no event shall the Growing
Alabama Credit cause a taxpayer's income tax liability to be reduced by more than 50 percent.
Unused credits may be carried forward for no more than five years. (b) Growing Alabama Credits
shall be granted to taxpayers using an online system administered by the Department of Revenue.
The online system shall allow taxpayers to agree to make a cash contribution to an economic
development organization which was approved by the Renewal of Alabama Commission, as provided
in Section 40-18-412. The online system shall ensure that credits are not granted for contributions
to an economic development organization in excess of the amounts approved by the Renewal of
Alabama Commission, as provided in Section...
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45-17-90.52
Section 45-17-90.52 Disposition of funds. Expenditures from the special fund provided for in
Section 45-17-90.51 shall be made exclusively for the purposes of paying principal of, premium,
if any, and interest on securities evidencing obligations incurred for payment for the Shoals
Economic Development Project. All of the proceeds of the taxes herein authorized shall be
specifically pledged by the Colbert County Commission to the payment of principal of, premium,
if any, and interest on the securities, whether such securities are issued by the county or
by a local public corporation. The pledge of the taxes herein authorized for the payment of
the principal of, premium, if any, and interest on securities issued by Colbert County or
a local public corporation, together with any applicable covenants of the county and the local
public corporation relating to such pledge, shall have the force of contract between the county,
the local public corporation, and the holders of the securities....
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40-18-379
Section 40-18-379 Joint Legislative Advisory Committee on Economic Incentives. (a) There is
hereby created a permanent Joint Legislative Advisory Committee on Economic Incentives, hereinafter
referred to as the committee. (b) The committee shall be comprised of all of the following
persons: (1) The chairs of the House Ways and Means General Fund and Education Fund committees.
(2) The chairs of the Senate Finance and Taxation General Fund and Education Fund committees.
(3) The Speaker of the House, or his or her designee, and two members of the House of Representatives
to be appointed by the Speaker of the House. (4) The President Pro Tempore of the Senate,
or his or her designee, the chair of the Senate Committee on Fiscal Responsibility and Economic
Development or its successor committee, if any. (5) One member of the Senate to be appointed
by the President Pro Tempore of the Senate. (c) The committee shall hold an organizational
meeting by August 1, 2015, and shall therein elect a...
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