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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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41-10-46.01
Section 41-10-46.01 Investment by qualified funds. (a) Any qualified fund may invest at least
three percent of its corpus in one or more approved opportunity funds. (b) The following terms
shall have the following meanings: (1) "ADECA" shall mean the Department of Economic
and Community Affairs. (2) "Approved opportunity fund" shall mean any fund approved
by ADECA as meeting all of the following: a. ADECA determines that the fund has the capacity
to improve Alabama's low-income opportunity zone communities by approving an application showing
all of the following: 1. The amount of existing committed capital or potential to raise committed
capital. 2. The investment track record or strength of the applicant's management team. 3.
The existing project pipeline or strategy for developing new pipeline. 4. The fund structure
and anticipated returns within that fund structure. 5. The presence of sound legal, accounting,
and compliance policies and procedures. 6. A strategy for measuring,...
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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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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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41-10-44.2
Section 41-10-44.2 Additional definitions. In addition to the definitions contained in Sections
41-10-20 and 41-10-36, the following terms shall have the following meanings, respectively,
when used in this Article 2A unless the context clearly requires otherwise: (1) APPROVED COMPANY.
Any corporation, partnership, trust or other form of business entity approved by the authority
pursuant to the provisions hereof. (2) FINANCING AGREEMENT. Any loan, agreement, financing
agreement, credit agreement, security agreement, mortgage, guaranty agreement or other type
of agreement entered into by the authority and an approved company in connection with the
financing of a project by the authority. (3) INDUSTRIAL or RESEARCH ENTERPRISE. Any trade
or business described in 1987 Standard Industrial Classification Major Group 07, Major Groups
20 through 39, inclusive, 50 and 51, Industrial Group Number 737, and Industry Numbers 8731,
8733 and 8734, as set forth in the Standard Industrial Classification...
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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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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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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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26-16-30
Section 26-16-30 Creation of fund; purpose; investment; disposition. (a) The Children's Trust
Fund is created as a separate fund in the State Treasury. The function of the Children's Trust
Fund shall be to serve as a permanent trust pursuant to Section 26-16-8, and as an investment
account for the earnings and funds received by the Child Abuse and Neglect Prevention Board
pursuant to Sections 26-16-8, 26-16-31, and 26-16-30(e). (b) The State Treasurer shall credit
to the trust fund all amounts appropriated for this purpose under this article and any amounts
received under Section 26-16-8. (c) The State Treasurer shall invest trust fund money in the
same manner as funds are invested pursuant to Section 16-33C-6. Earnings shall be credited
to the trust fund. (d) A separate revenue trust account in the State Treasury is created to
be known as the Child Abuse and Neglect Prevention Board Operations Fund which shall serve
as the administrative fund for the Children's Trust Fund and the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/26-16-30.htm - 3K - Match Info - Similar pages
40-9F-33
Section 40-9F-33 Limitations on tax credits; Historic Income Tax Credit Account; transfer or
assignment of tax credits. (a) The state portion of any tax credit against the tax imposed
by Chapter 18 for the taxable year in which the certified rehabilitation is placed in service,
shall be equal to 25 percent of the qualified rehabilitation expenditures for certified historic
structures. No tax credit claimed for any certified rehabilitation may exceed five million
dollars ($5,000,000) for all allowable property types except a certified historic residential
structure, and fifty thousand dollars ($50,000) for a certified historic residential structure.
(b) There is created within the Education Trust Fund a separate account named the Historic
Preservation Income Tax Credit Account. The Commissioner of Revenue shall certify to the Comptroller
the amount of income tax credits under this section and the Comptroller shall transfer into
the Historic Preservation Income Tax Credit Account only...
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