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40-9B-12
Section 40-9B-12 Availability of abatements after December 31, 2018. The tax abatements and
abatements of payments in lieu of taxes authorized by the amendments to Sections 40-9B-3,
40-9B-4, and 40-9B-11 by Act 2008-275 shall not be available for new industrial or research
enterprises described in Section 40-9B-3(a)(10)e. after December 31, 2018, unless the Legislature
votes to continue or reinstate the abatements of state taxes for new industrial or research
enterprises described in Section 40-9B-3(a)(10)e. after that date. No action or inaction on
the part of the Legislature shall reduce, suspend, or disqualify any abatement in any past
or future year with respect to any qualifying industrial or research enterprises described
in Section 40-9B-3(a)(10)e. which files with the Department of Revenue, on or before December
31, 2018, a statement of intent as defined in Section 40-9B-3(a)(23). The failure of the Legislature
to vote to continue or reinstate the capital credit for new...
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40-9B-4
Section 40-9B-4 Authorization of abatement. (a) Noneducational ad valorem taxes, construction
related transaction taxes, except those local construction related transaction taxes levied
for educational purposes or for capital improvements for education, and mortgage and recording
taxes, or payments required to be made in lieu thereof, and in the case of a qualifying industrial
or research enterprise described in Section 40-9B-3(a)(10)e. which is owned by an entity organized
under Chapter 6 of Title 37, or by an authority both organized and existing pursuant to Chapter
50A of Title 11, and subject to the payments required to be made in lieu of ad valorem, sales,
use, license, and severance taxes imposed by Section 11-50A-7, in addition to the foregoing,
all other ad valorem taxes, or payments required to be made in lieu thereof, imposed by the
state, counties, municipalities, and other taxing jurisdictions of Alabama, may be abated
with respect to private use industrial property and...
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40-9B-3
Section 40-9B-3 Definitions. (a) For purposes of this chapter, the following words and phrases
mean: (1) ABATE, ABATEMENT. A reduction or elimination of a taxpayer's liability for tax or
payments required to be made in lieu thereof. An abatement of transaction taxes imposed under
Chapter 23 of this title, or payments required to be made in lieu thereof, shall relieve the
seller from the obligation to collect and pay over the transaction tax as if the sale were
to a person exempt, to the extent of the abatement, from the transaction tax. (2) ALTERNATIVE
ENERGY RESOURCES. The definition given in Section 40-18-1. (3) CONSTRUCTION RELATED TRANSACTION
TAXES. The transaction taxes imposed by Chapter 23 of this title, or payments required to
be made in lieu thereof, on tangible personal property and taxable services incorporated into
an industrial development property, the cost of which may be added to capital account with
respect to the property, determined without regard to any rule which...
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40-9B-11
Section 40-9B-11 Exemption period for qualified industrial or research enterprises. (a) Effective
October 1, 2011, the maximum exemption period for a qualifying industrial or research enterprise
described in paragraph e. of subdivision (10) of subsection (a) of Section 40-9B-3, which
is owned by a utility described in Section 37-4-1(7)a., shall be 10 years applied as follows:
(1) With respect to land, the abatement shall begin with the first October 1 lien date following
commencement of the project, and the abatement shall be for a total of 10 years. (2) With
respect to each portion of real property construction work in progress which was not taxable
on the prior October 1 lien date, the abatement for the portion shall begin with the first
October 1 lien date on which the construction work in progress becomes taxable, and the abatement
shall be for a total of 10 years. (3) With respect to each item of tangible personal property,
the abatement shall begin with the first October 1 lien...
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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...
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40-18-70
Section 40-18-70 Definitions. For the purpose of this article, the following terms shall have
the respective meanings ascribed by this section: (1) EMPLOYEE. Employee as defined in the
Internal Revenue Code, as amended from time to time. (2) EMPLOYER. Employer as defined in
the Internal Revenue Code, as amended from time to time. An employer is required to withhold
tax from the wages of employees to the extent that such wages are earned in Alabama, whether
the employee is a resident or a nonresident of the state. (3) INTERNAL REVENUE CODE. The Internal
Revenue Code of the United States, as amended from time to time. (4) PROVISIONAL CONSTRUCTION
EMPLOYERS. A provisional construction employer is any employer, including members of its affiliated
group as that term is defined in the Internal Revenue Code, that (i) employs 50 or more employees
in a construction project for qualified property located in a tax increment district in which
not less than 50 percent, by area, of the real property...
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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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11-54-20
Section 11-54-20 Definitions. Wherever used in this article, unless a different meaning clearly
appears in the context, the following terms shall be given the following respective meanings:
(1) MUNICIPALITY. Any incorporated city or town in the State of Alabama. (2) PROJECT. Any
land and any building or other improvement thereon and all real and personal properties deemed
necessary in connection therewith, whether or not now in existence, which shall be suitable
for use by the following or by any combination of two or more thereof: a. Any industry for
the manufacturing, processing, or assembling of any agricultural or manufactured products;
b. Any commercial enterprise in storing, warehousing, distributing, or selling products of
agriculture, mining, or industry; c. Any commercial enterprise providing linen rental services
(including laundry and cleaning services related or incidental thereto) primarily to industries
and commercial enterprises described in either of the preceding...
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11-54-80
Section 11-54-80 Definitions. Wherever used in this division, unless a different meaning clearly
appears in the context, the following terms shall be given the following respective meanings:
(1) INDUSTRIAL DEVELOPMENT BOARD or BOARD. Any industrial development board organized pursuant
to the provisions of this division. (2) MUNICIPALITY. Any incorporated city or town in this
state with respect to which an industrial development board may be organized. (3) PROJECT.
a. Any land and any building or other improvement thereon and all real and personal properties
deemed necessary in connection therewith, whether or not now in existence, which shall be
suitable for use by any one of the following or by any combination of two or more thereof:
1. Any industry for the manufacturing, processing or assembling of any agricultural, manufactured
or mineral products. 2. Any commercial enterprise in storing, warehousing, or distributing
any products of agriculture, mining, or industry, or providing...
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41-29-501
Section 41-29-501 Definitions. (a) For the purposes of this article, the following words and
phrases shall have the following meanings: (1) AUTHORITY. The public corporation organized
pursuant to the provisions of Sections 41-10-20 through 41-10-32. (2) AUTHORIZED PURPOSE.
Any one or more of the purposes for which grants are herein authorized to be made as specified
in Section 41-29-503(a). (3) BOARD OF DIRECTORS. The board of directors of the authority.
(4) BOND. The bonds issued under the provisions of this article. (5) CAPITAL COSTS. All costs
and expenses incurred by one or more investing companies in connection with the acquisition,
construction, installation, and equipping of a qualifying project during the period commencing
with the date on which such acquisition, construction, installation, and equipping commences
and ending on the date on which the qualifying project is placed in service, including, without
limitation of all of the following: a. The costs of acquiring,...
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