Code of Alabama

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37-11C-4
Section 37-11C-4 Allowance and claim of tax credits; Railroad Rehabilitation Income Tax Credit
Account; written transfer agreements. (a) For tax years beginning after December 31, 2019,
there is a credit allowed against the state income tax levied by Section 40-18-2 equal to
50 percent of an eligible taxpayer's qualified railroad rehabilitation expenditures. The tax
credit allowed under this section may not exceed three thousand five hundred dollars ($3,500)
multiplied by the number of miles of railroad track owned or leased within the state by the
eligible taxpayer at the close of the taxable year. (b) There is created within the Education
Trust Fund a separate account named the Railroad Rehabilitation Income Tax Credit Account.
The Commissioner of Revenue shall certify to the state Comptroller the amount of income tax
credits under this section and the state Comptroller shall transfer into the Railroad Rehabilitation
Income Tax Credit Account only the amount from sales tax revenues...
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37-11A-1
Section 37-11A-1 Execution and text of compact. The Governor, on behalf of this state, shall
execute a compact, in substantially the following form, with the State of Mississippi, and
the Legislature approves and ratifies the compact in the form substantially as follows: Northeast
Mississippi - Northwest Alabama Railroad Authority Compact. The contracting states solemnly
agree: Article I. The purpose of this compact is to promote and develop trade, commerce, industry,
and employment opportunities for the public good and welfare in northeast Mississippi and
northwest Alabama through the establishment of a joint interstate authority to acquire certain
railroad properties and facilities which the operator thereof has notified the Interstate
Commerce Commission of an intention to abandon and which are located in any of Franklin, Marion,
or Winston Counties, Alabama or in Alcorn or Tishomingo Counties, Mississippi. Article II.
This compact shall become effective immediately as to the State...
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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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40-9F-32
Section 40-9F-32 Procedures for rehabilitation of qualified structures; tax credits; review;
audit; fees; report to Legislature. (a) The commission shall develop standards for the approval
of the substantial rehabilitation of qualified structures for which a tax credit is sought.
The standards shall take into account whether the substantial rehabilitation of a qualified
structure is consistent with the historic character of the structure or of the Registered
Historic District in which the property is located. (b) Prior to beginning any substantial
rehabilitation work on a qualified structure, the owner shall submit an application and rehabilitation
plan to the commission and an estimate of the qualified rehabilitation expenditures under
the rehabilitation plan; provided, however, that the owner, at its own risk, may incur qualified
rehabilitation expenditures no earlier than six months prior to the submission of the application
and rehabilitation plan that are limited to architectural,...
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40-9F-3
Section 40-9F-3 Standards for approval; application, rehabilitation plan; review; certification;
tax credit certification; fees; report to Legislature. (a) The commission shall develop standards
for the approval of the substantial rehabilitation of qualified structures for which a tax
credit is sought. The standards shall take into account whether the substantial rehabilitation
of a qualified structure is consistent with the historic character of the structure or of
the Registered Historic District in which the property is located. (b) Prior to beginning
any substantial rehabilitation work on a qualified structure, the owner shall submit an application
and rehabilitation plan to the commission and an estimate of the qualified rehabilitation
expenditures under the rehabilitation plan; provided, however, that the owner, at its own
risk, may incur qualified rehabilitation expenditures no earlier than six months prior to
the submission of the application and rehabilitation plan that are...
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37-11C-3
Section 37-11C-3 Standards for approval of qualified railroad rehabilitation expenditures;
application for tax credits; completion of project; tax credit certificate; fees; annual report.
(a) By December 1, 2019, the Department of Commerce shall develop standards for the approval
of qualified railroad rehabilitation expenditures for which a tax credit is being sought.
The standards shall consider the availability of additional public or private funding for
the project, the expected completion time of the project, and the anticipated impact of the
project on usage of the railroad infrastructure. (b) Prior to beginning any qualified railroad
rehabilitation work, the eligible taxpayer shall submit an application and rehabilitation
plan to the department and an estimate of the qualified railroad rehabilitation expenditures
under the rehabilitation plan; provided, however, the eligible taxpayer, at its own risk,
may incur qualified railroad rehabilitation expenditures no earlier than six...
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41-9-219-6
Section 41-9-219-6 Examinations; rules; appraisal. (a) The department may conduct examinations
to verify that the tax credits under this article have been received and applied according
to the requirements of this article and to verify that no event has occurred that would result
in a recapture of tax credits under Section 41-9-219.4. (b) The department and the Department
of Revenue shall prescribe such rules as may be appropriate to carry out their respective
duties under this section and may issue advisory letters to individual qualified community
development entities and their investors that are limited to the specific facts outlined in
an advisory letter request from a qualified community development entity. The rulings cannot
be relied upon by any person or entity other than the qualified community development entity
that requested the letter and the taxpayers that are entitled to any tax credits generated
from investments in the entity. (c) In rendering advisory letters and...
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40-14B-8
Section 40-14B-8 Report upon receipt of certified capital; annual report; financial statement.
(a) Each certified capital company shall report to the Alabama Development Office as soon
as practicable after the receipt of certified capital the following: (1) The name of each
certified investor from whom the certified capital was received, including the certified investor's
insurance premium tax identification number. (2) The amount of each certified investor's investment
of certified capital and premium tax credits. (3) The date on which the certified capital
was received. (b) Not later than January 31 of each year, each certified capital company shall
report to the Alabama Development Office all of the following: (1) The amount of the company's
certified capital at the end of the preceding year. (2) Whether or not the company has invested
more than 15 percent of its total certified capital in any one business. (3) Each qualified
investment that the company made during the preceding...
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40-18-6.1
Section 40-18-6.1 Gain or loss - Special rules for capital gains invested in opportunity zones.
(a) The provisions in 26 U.S.C. ยง 1400Z-2 shall be applicable to an investment in an approved
opportunity fund in calculating both of the following: (1) The income tax levied by this chapter,
or the estimated income tax payment. (2) The financial institution excise tax found in Chapter
16. (b) Any approved opportunity fund may enter into a project agreement with ADECA to provide
to the fund's investors impact investment tax credits against any tax liability described
in subdivisions (1) and (2) of subsection (a). The impact investment tax credits shall be
allocated annually, but only to the extent that one or more projects undertaken by the fund
are not producing the returns provided in the project agreement. Provided however, the calculation
of the impact investment tax credit does not guarantee a rate of return that is more than
the 52-week average yield rate for the United States 10-year...
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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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