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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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40-18-376.1
Section 40-18-376.1 Projects in targeted or jumpstart counties. (a) As used in this section,
the following terms shall have the following meaning: (1) JUMP START COUNTY. Any Alabama county
which meets all the following: a. That does not qualify as a targeted county. b. That has
experienced negative population growth over the last five years as determined by the Commissioner
of Labor as of each January 1 using the most current data available from the United States
Departments of Labor or Commerce, the United States Bureau of the Census, or any other federal
or state agency or department. c. Contains no more than two opportunity zones as they existed
on June 1, 2019. (2) TARGETED COUNTY. Any Alabama county that has a population of 50,000 or
less, as determined by the Commissioner of Labor as of each January 1 using the most current
data available from the United States Departments of Labor or Commerce, the United States
Bureau of the Census, or any other federal or state agency or...
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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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40-18-376
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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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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40-18-373
Section 40-18-373 Approved companies. In order for a company to be an approved company, all
of the following shall occur: (1) For any company that proposes a qualifying project, the
Secretary of Commerce shall make all of the following findings: a. That the project is in
fact a qualifying project; b. That the qualifying project will not decrease, directly or indirectly,
Alabama's exports; and c. That the amount of tax incentives sought are exceeded by anticipated
revenues for the state, including income, property, business privilege, utility, gross receipts,
sales, and use tax revenues that are generated by the economic activity resulting from the
project, as they arise from the following aspects of the qualifying project: 1. Construction
activities related to the qualifying project; 2. The purchase of building materials and the
initial equipping of the qualifying project; 3. The subsequent equipping of the qualifying
project; and 4. The operation of the qualifying project. (2) Upon...
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40-18-372
Section 40-18-372 Qualifying projects - Activities and standards. A qualifying project must
be found by the Secretary of Commerce to conduct an activity specified in subdivision (1)
and to meet the minimum standard set forth in subdivision (2). (1) A qualifying project must
predominantly conduct an activity that is any one or more of the following: a. Described by
NAICS Code 1133, 115111, 2121, 22111, 221330, 31 (other than 311811), 32, 33, 423, 424, 482,
4862, 48691, 48699, 48819, 4882, 4883 (other than 48833), 493, 511, 5121 (other than 51213),
51221, 517, 518 (without regard to the premise that data processing and related services be
performed in conjunction with a third party), 51913, 52232, 54133 (if predominantly in furtherance
of another activity described in this article), 54134 (if predominantly in furtherance of
another activity described in this article), 54138, 5415, 541614, 5417, 55 (if not for the
production of electricity), 561422 (other than establishments that...
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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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40-18-370
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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40-9F-38
Section 40-9F-38 Historic Tax Credit Evaluating Committee. (a) There is hereby established
the Historic Tax Credit Evaluating Committee, which shall review qualifying projects, approve
credits for projects, and rank projects in the order in which the projects should receive
tax credit reservations based on criteria established by the commission. The commission shall
establish a review cycle for the committee beginning on January 1, 2018, provided that the
committee shall meet at least quarterly unless no credits remain to be allocated. The Commissioner
of Revenue shall be a non-voting member of the committee and provide advisory and technical
support. The committee shall consist of the following: (1) Director of the Governor's Office
of Minority Affairs. (2) The Executive Director of the Alabama Historical Commission. (3)
The Finance Director. (4) The Director of the Alabama Department of Economic and Community
Affairs. (5) The Secretary of Commerce. (6) Two members of the Alabama...
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