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40-9C-6
Section 40-9C-6 Procedure for granting abatement. (a) Subject to the limitations set out in
Section 40-9C-5, any person who proposes to become a private user of brownfield development
property or of a major addition thereto may apply to the governing body of any municipality
or county at or about the time a voluntary cleanup plan is approved by the Alabama Department
of Environmental Management, for an abatement of all of the taxes allowed to be abated under
this chapter with respect to such property. The application shall contain information that
will permit the governing body to which it is submitted to make a reasonable cost/benefit
analysis as to the proposed brownfield development property and to determine the maximum exemption
period for the abatement of noneducational ad valorem taxes. The application must be accompanied
by an approval of the voluntary cleanup plan. (b) The abatements granted by the governing
body shall be embodied in an agreement between the governing body and...
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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-5
Section 40-9B-5 Granting of abatement. (a) Subject to the geographical or jurisdictional or
other limitations specified in subsections (b), (c), and (d), the governing body of a municipality,
a county, or a public industrial authority may grant abatements of all of the taxes allowed
to be abated under Section 40-9B-4 with respect to private use industrial property. (b)(1)
The abatements authorized to be granted pursuant to subsection (a) for construction related
transaction taxes and for ad valorem taxes for a period not to exceed 10 years may be granted:
a. By the governing body of a municipality, except as otherwise provided herein, with respect
to private use industrial property located within the limits of the municipality or within
the police jurisdiction of the municipality; provided, however, if a municipality has a corresponding
municipal tax, the municipal governing body may only grant an abatement of a county tax if
the municipality has also abated the corresponding municipal...
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40-9B-6
Section 40-9B-6 Procedure for granting abatement. (a) Any person who proposes to become a private
user of industrial development property or of a major addition may apply to the governing
body of any municipality, county, or public industrial authority, at or about the time that
the private user is requesting inducement, for an abatement of all of the taxes allowed to
be abated under Section 40-9B-4 with respect to such property. The application shall contain
information that will permit the governing body to which it is submitted to make a reasonable
cost/benefit analysis as to the proposed industrial development property and to determine
the maximum exemption period for the abatement of noneducational ad valorem taxes. (b) The
abatements granted by the governing body shall be embodied in an agreement, which may be the
same as the inducement, between the governing body and the private user, setting forth: (1)
The estimated amount of each abatement and the maximum exemption period. (2)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-9B-6.htm - 1K - Match Info - Similar pages
40-9B-13
Section 40-9B-13 Disaster recovery tax incentive protection. (a) This section shall be known
as the Disaster Recovery Tax Incentive Protection Act of 2011. (b) For the purposes of this
section, the following terms shall have the following meanings: (1) DISASTER REPLACEMENT PROPERTY.
Private use industrial property obtained by a private user to repair or replace private use
industrial property on which tax abatements were in existence at the time of a natural disaster,
that was damaged or destroyed by the natural disaster. (2) GOVERNING BODY. The governing body
of a municipality, a county, or a public industrial authority which may grant tax abatements
with respect to private use industrial property under Section 40-9B-4, subject to the geographical
or jurisdictional or other limitations of Section 40-9B-5. (3) NATURAL DISASTER. A catastrophe
caused by nature, or regardless of cause, a fire, flood, or explosion, which is declared by
the President of the United States or the Governor of...
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40-9C-3
Section 40-9C-3 Definitions. For purposes of this chapter, the following words and phrases
shall have the following meanings: (1) ABATE, ABATEMENT. A reduction or elimination of a taxpayer's
liability for tax. An abatement of local and noneducation transaction taxes imposed under
Chapter 23 of this title shall relieve the seller from the obligation to collect and pay over
the local portion of the noneducation transaction tax as if the sale were to a person exempt,
to the extent of the abatement, from the local portion of the noneducation transaction tax.
(2) BROWNFIELD DEVELOPMENT PROPERTY. Real property which qualifies under Section 22-30E-6
for participation in the voluntary cleanup program established pursuant to Chapter 30E of
Title 22, and any personal property acquired in connection with the cleanup and redevelopment
of such real property. (3) CONSTRUCTION RELATED NONEDUCATION TRANSACTION TAXES. The local
portion of the transaction taxes imposed pursuant to Chapter 23 of this...
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40-9C-5
Section 40-9C-5 Granting of abatement. (a) Subject to the geographical or jurisdictional limitations
specified in subsection (b), the governing body of a municipality or a county may grant abatements
of all of the taxes allowed to be abated under Section 40-9C-4 with respect to private use
brownfield development property. (b) The abatements authorized to be granted pursuant to subsection
(a) may be granted: (1) By the governing body of a municipality, with respect to private use
brownfield development property located within the limits of the municipality or within the
police jurisdiction of the municipality; provided, however, that the governing body shall
not grant an abatement of any county taxes unless consented to by resolution of the governing
body of the county. (2) By the governing body of a county, with respect to private use brownfield
development property located in the county and not within a municipality or the police jurisdiction
of a municipality; provided, however, that...
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22-30E-10
Section 22-30E-10 Limitation of liability provisions. (a) The Legislature declares that, in
order to achieve the economic redevelopment and site rehabilitation of contaminated properties
in accordance with this chapter, it is imperative to encourage financing of real property
transactions involving qualifying property. Accordingly, a lender, including one serving as
a trustee, personal representative, or in any other fiduciary capacity in connection with
a loan, and a lender holding evidence of ownership of a qualifying property primarily to protect
a security interest, or as a result of foreclosure or a deed in lieu of foreclosure of a security
interest, is entitled to the liability protection established in subsection (a) of Section
22-30E-9 if the lender meets each of the following requirements: (1) The lender has not caused
or contributed to a release of a contaminant at the qualified property. (2) The lender seeks
to sell, transfer, or otherwise divest the qualifying property at...
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11-92C-8
Section 11-92C-8 Powers of authority. (a) The authority shall have the following powers, together
with all powers incidental thereto or necessary to the discharge thereof in corporate form:
(1) To have succession by its corporate name for the duration of time, which may be in perpetuity,
subject to Section 11-92C-20, specified in its certificate of incorporation. (2) To sue and
be sued in its own name and to prosecute and defend civil actions in any court having jurisdiction
of the subject matter and of the parties; provided that the authority shall be deemed to be
a governmental entity as defined in Chapter 93 of this title for the purpose of limiting the
damages for which the authority may be liable. (3) To adopt and make use of a corporate seal
and to alter the seal at its pleasure. (4) To adopt and alter bylaws for the regulation and
conduct of its affairs and business. (5) To acquire, whether by purchase, construction, exchange,
gift, lease, or otherwise, and to refinance existing...
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