Code of Alabama

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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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40-18-378
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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41-7A-41
Section 41-7A-41 Legislative findings. The following is hereby found and declared by the Legislature
of Alabama: (1) Although Alabama is filled with attractive natural resources, a growing workforce,
and other resources attractive to the entertainment industry, Alabama has not developed its
potential in terms of attracting the entertainment industry to the state by offering production
incentives for qualified productions not previously offered in Alabama. (2) Entertainment
industry incentives offered by other states attract valuable projects to their states which
stimulate local economies, use local manpower, offer other employment and entrepreneurial
opportunities for state residents, and provide public awareness of the natural resources available
in their states. (3) Because Alabama does not currently offer a viable incentive package to
the industry, Alabama cannot effectively compete with other states for attracting industry
projects and those projects locate elsewhere. (4) For...
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40-1-50
Section 40-1-50 Reporting requirements of state agencies administering economic tax incentives.
(a) For the purpose of this section, the term economic tax incentive shall mean any tax credits,
deductions, exemptions, abatements, preferential rates, or rebates given as an economic incentive.
For the purpose of this section, the term economic incentive shall mean an inducement provided
by the government, where the government promises to forgo tax revenues to which it is otherwise
entitled or to provide some other benefit to an individual or an entity and in exchange the
individual or entity promises to take specific action that contributes to economic development.
In order for the Legislature to get accurate and complete information regarding the costs
and benefits of economic tax incentives, each state agency that administers an economic tax
incentive shall annually report the information required herein to the Legislature. (b) The
head of each state agency that administers any economic...
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41-10-652
Section 41-10-652 Definitions. When used in this division, the following terms shall have the
following meanings unless the context clearly indicates otherwise: (1) ANCILLARY COSTS shall
mean the costs incurred in acquiring and constructing public improvements that benefit all
or any part of the project including, without limitation, (i) improvements to streets, roads
and bridges, (ii) improvements to water and sewer systems, gas and electric systems, and other
utilities providing services to any part of the project, (iii) improvements to the police,
fire, and emergency rescue services provided to the company by local governmental entities,
and (iv) improvements to transportation systems benefiting the company, such as railroad spur
and switching facilities. (2) AUTHORITY shall mean the Alabama 21st Century Authority, which
is provided for pursuant to Division 1. (3) BONDS shall mean the bonds that are authorized
herein to be issued by the authority. (4) COMPANY shall mean an...
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41-7A-42
Section 41-7A-42 Definitions. For purposes of this article, the following terms shall have
the following meanings: (1) COMPANY. A corporation, partnership, limited liability company,
or any other business entity. (2) DEPARTMENT. The Alabama Department of Revenue. (3) ENTERTAINMENT
INDUSTRY. Those persons or entities engaged in the production of entertainment content as
defined under paragraph a. of subdivision (8). (4) EXPENDED IN ALABAMA. In the case of tangible
property, property which is acquired or leased from a source within the State of Alabama;
in the case of services, services performed for a qualified production project in the State
of Alabama. (5) OFFICE. The Alabama Film Office. (6) PAYROLL. All salary, wages, and other
compensation, including related benefits, including specifically, but not limited to, compensation
and benefits provided to resident and nonresident producers, directors, writers, actors, and
other personnel involved in qualified production projects in...
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5-13B-11
Section 5-13B-11 Authority to issue regulations; cooperative agreements; fees. In order to
carry out the purposes of this title, in addition to and cumulative with the authority and
powers of the superintendent set forth elsewhere in this title, the superintendent may: (1)
Adopt regulations; (2) Enter into cooperative, coordinating, or information-sharing agreements
with any other bank supervisory agency or any organization affiliated with or representing
one or more bank supervisory agencies; (3) Accept any report of examination or investigation
by another bank supervisory agency having concurrent jurisdiction over an Alabama state bank
or a bank holding company that controls an Alabama state bank in lieu of conducting the superintendent's
own examination or investigation of such bank holding company or bank; (4) Enter into contracts
with any bank supervisory agency having concurrent jurisdiction over an Alabama state bank
or a bank holding company that controls an Alabama state bank...
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10A-10-1.15
Section 10A-10-1.15 Merger. (a) For purposes of this section, the following words shall have
the respective meanings ascribed to them: (1) ALABAMA REAL ESTATE INVESTMENT TRUST. A real
estate investment trust organized in compliance with the provisions of this chapter. (2) BUSINESS
TRUST. a. An entity described in Section 10A-16-1.01. b. An unincorporated trust or association,
including an Alabama real estate investment trust, a common-law trust, or a Massachusetts
trust, which is engaged in business and in which property is acquired, held, managed, administered,
controlled, invested, or disposed of for the benefit and profit of any person who may become
a holder of a transferable unit of beneficial interest in the trust. (3) DOMESTIC LIMITED
LIABILITY COMPANY. A limited liability company as defined under the Alabama Limited Liability
Company Law. (4) DOMESTIC LIMITED PARTNERSHIP. A limited partnership as defined under the
Alabama Limited Partnership Law. (5) FOREIGN BUSINESS TRUST. A...
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40-23-191
Section 40-23-191 Short title; definitions. (a) This part shall be titled The Simplified Seller
Use Tax Remittance Act. (b) For the purpose of this part, the following terms shall have the
respective meanings ascribed to them in this section: (1) DEPARTMENT. The Alabama Department
of Revenue. (2) ELIGIBLE SELLER. A seller that sells tangible personal property or a service,
but does not have a physical presence in this state or is not otherwise required to collect
and remit state and local sales or use tax for sales delivered into the state. The seller
shall remain eligible for participation in the Simplified Use Tax Remittance Program unless
the seller establishes a presence through a physical business address for the purpose of making
in-state retail sales within the State of Alabama or becomes otherwise required to collect
and remit sales or use tax pursuant to Section 40-23-190 through an affiliate making retail
sales at a physical business address in Alabama. The term also includes...
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40-26B-26
Section 40-26B-26 Reduction of revenues; reimbursement computations; quality incentive program.
THIS SECTION WAS AMENDED BY ACT 2020-147 IN THE 2020 REGULAR SESSION, EFFECTIVE MAY 18, 2020.
THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) No revenues resulting from the privilege assessment
established by this article and applied to increases in covered services or reimbursement
levels or other enhancements of the Medicaid program shall be subject to reduction or elimination
while the privilege assessment is in effect. (b) Every nursing facility participating in the
Medicaid program in the State of Alabama shall be reimbursed according to the reimbursement
methodology contained in Chapter 560-X-22 of the Alabama Medicaid Agency Administrative Code
(Supp. 12/31/95) on January 31, 1998, which methodology is incorporated by reference herein,
except that the following shall apply: (1) The ceiling for the operating cost center described
in Title 560-X-22-.06 (2)(a) of the Alabama Medicaid...
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