Code of Alabama

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41-10-44.9
Section 41-10-44.9 Establishment of tax increment funds. In order to provide a method of financing
project costs other than by the issuance of project obligations payable from the amounts required
to be paid by an approved company under a financing agreement, the authority may establish
one or more tax increment funds with respect to a project, into which the authority and an
approved company may agree that the approved company will deposit either or both of the following:
(i) an annual amount equal to the amount of corporate income tax levied by Section 40-18-31
that otherwise would be owed by the approved company on its income generated by or arising
from such project, and (ii) the aggregate job development fees withheld by the approved company
as provided in Section 41-10-44.7. The authority may also arrange for any gifts, grants, loans,
appropriations or other forms of aid from the federal or state governments or from any other
public or private entity to be paid into a tax...
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40-18-35
Section 40-18-35 Deductions allowed to corporations. (a) The following items shall be deducted
from federal taxable income for purposes of computing taxable income under this chapter: (1)
Refunds of state and local income taxes. (2) Federal income tax paid or accrued during the
taxpayer's taxable year. The portion of federal income tax deductible by a corporation earning
income from sources both inside and outside of Alabama shall be determined by the ratio that
the corporation's taxable income, computed without the deduction for federal income tax, apportioned
and allocated to Alabama bears to the corporation's taxable income, computed without the deduction
for federal income tax, apportioned and allocated everywhere. (3) Interest income earned on
obligations of the United States. (4)a. Interest income earned on obligations of the State
of Alabama or its subdivisions or instrumentalities thereof to the extent included in gross
income for the purposes of federal income taxation. b....
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41-10-44.3
Section 41-10-44.3 Additional powers of authority. In addition to the powers granted to it
in Section 41-10-26 and in Sections 41-10-37 through 41-10-43, the authority shall have the
following powers: (1) To adopt and alter bylaws for the regulation and conduct of its affairs
and business; (2) To borrow money and to issue project obligations, whether or not the interest
thereon is excluded from gross income for federal income tax purposes, for the purpose of
financing project costs, and to provide for the rights of the purchasers, holders or owners
of its project obligations; (3) To execute and deliver mortgages, security agreements and
trust indentures and other forms of agreements for the purpose of securing its project obligations,
and in connection therewith, to mortgage, pledge or assign the revenues, receipts and other
property of the authority received, and the financing agreements entered into by the authority
in connection with, the financing of projects under this Article 2A;...
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11-99-2
abandoned or vacant buildings or old buildings, or where excessive vacancies exist in existing
buildings, or which contains substandard structures, or with respect to which there exist
delinquencies in payment of real property taxes. (2) DEFERRED TAX RECIPIENT. Each taxing authority
which receives ad valorem taxes with respect to property located in a proposed tax increment
district. (3) ENHANCED USE LEASE AREA. Any area of a military installation which contains
underutilized real or personal property, or both, that is leased by a secretary of
a military department to a lessee pursuant to the authority provided in Title 10 U.S.C. §2667.
(4) LOCAL FINANCE OFFICER. The legally authorized officer or agent responsible for receipt
and disbursement of the revenues of a taxing authority. (5) LOCAL GOVERNING BODY. The governing
body of a county or municipality which proposes to create or has created a tax increment district.
(6) MAJOR 21ST CENTURY MANUFACTURING ZONE. Any area...
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41-10-44.2
trades and businesses as the same may be hereafter reclassified in any subsequent publication
of the Standard Industrial Classification Manual. (4) JOB DEVELOPMENT FEE. The amount permitted
to be withheld by an approved company from the gross wages of the employees at a project pursuant
to the provisions of this article. (5) MAJOR PROJECT. Any project the capital cost of which
is expected to equal or exceed $100,000,000. (6) PROJECT. Any land, building or other improvement,
and all real and personal properties deemed necessary or useful in connection therewith,
whether or not now in existence, which shall be located in the state and shall be acquired,
constructed, expanded or installed for use by an approved company as an industrial or research
enterprise. (7) PROJECT COSTS. All costs and expenses incurred by the authority or an approved
company in connection with the acquisition, construction, installation and equipping of a
project, including, without limitation, each of the...
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16-16A-7
Section 16-16A-7 Additional findings; bonds authorized; procedures. (a) The Legislature finds
that the number of students attending the several school systems located in those areas of
North Alabama that will be directly impacted by the 2005 BRAC and Subsequent BRAC Actions
will collectively increase by an estimated 9,000 students. As a result, there will be a need
for the construction of additional school facilities as well as the renovation of existing
school facilities. The Legislature also finds that the 2005 BRAC and Subsequent BRAC Actions
will have a positive impact on future receipts to the Education Trust Fund, as the significant
population growth in North Alabama will increase sales, income, and other tax collections.
Thus, it is an efficient use of state funds to allow such revenue growth to help pay for capital
improvement costs associated with BRAC-related school construction. (b) The Alabama Public
School and College Authority is hereby authorized to sell and issue its...
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39-2-12
Section 39-2-12 Partial and final payments of contractors by awarding authorities. (a) As used
in this section the following words shall have the meanings ascribed to them as follows: (1)
CONTRACTOR. Any natural person, partnership, company, firm, corporation, association, limited
liability company, cooperative, or other legal entity licensed by the Alabama State Licensing
Board for General Contractors. (2) NONRESIDENT CONTRACTOR. A contractor which is neither a.
organized and existing under the laws of the State of Alabama, nor b. maintains its principal
place of business in the State of Alabama. A nonresident contractor which has maintained a
permanent branch office within the State of Alabama for at least five continuous years shall
not thereafter be deemed to be a nonresident contractor so long as the contractor continues
to maintain a branch office within Alabama. (3) RETAINAGE. That money belonging to the contractor
which has been retained by the awarding authority conditioned on...
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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...
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41-10-44.8
or other entities providing such assistance. The decision to provide all or a portion of the
assistance requested by the authority shall lie solely within the discretion of the person,
corporation, foundation or other legal entity receiving the request. Any assistance provided
to the authority pursuant to the provisions of this subsection (d) is hereby deemed to have
a valid business purpose and shall be allowed as a deduction against the corporate income
tax levied by Section 40-18-31, the personal income tax levied by Section 40-18-2,
or the financial institution excise tax levied by Section 40-16-4, whichever is appropriate.
If assistance is provided to the authority by any person, corporation, foundation or other
legal entity, whether regulated or non-regulated, the cost of such assistance will be deemed
to be a prudent, legal and non-discriminatory expenditure for all purposes of state law and
regulation. (Acts 1993, 1st Ex. Sess., No. 93-851, p. 79, §1; Acts 1995, No. 95-187, p....

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11-99-8
Section 11-99-8 Financing of project costs. (a) Payment of project costs may be made by any
of the following methods or any combination thereof: (1) Payment from the tax increment fund
of the tax increment district if the purpose of the payment is one provided for in Section
11-99-6 hereof; (2) Payment out of the general funds of the public entity, such payments being
used either directly by the public entity to pay such costs or used by a third party recipient
of such funds to pay such costs if within a Major 21st Century Manufacturing Zone; (3) Payment
out of the proceeds of the sale of warrants, bonds or notes (whether public improvement bonds
or notes, mortgage bonds, notes or certificates, revenue bonds or notes, or otherwise) issued
by the public entity, such payments being used either directly by the public entity to pay
such costs or used by a third party recipient of such funds to pay such costs if within a
Major 21st Century Manufacturing Zone; (4) Payment out of the proceeds...
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