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40-9C-7
Section 40-9C-7 Exemption of certain purchases of tangible personal property used in constructing
brownfield development property. Notwithstanding any other laws, and subject to the limitations
set out in Section 40-9C-5, the gross proceeds of the sale to, or the storage, use, or consumption
by, any contractor of any tangible personal property to be incorporated into a brownfield
development property or major addition for which a private user is granted a valid abatement
of construction related noneducation transaction taxes pursuant to this chapter shall be exempt
from local sales and use taxes, except those county and municipal sales and use taxes levied
for educational purposes or for capital improvements for education. This exemption shall not
apply to any purchase of tangible personal property by a contractor which would not also be
exempt if purchased by a private user who has been granted a valid abatement of construction
related transaction taxes pursuant to this chapter. (Act...
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40-9B-8
Section 40-9B-8 Certain purchases of tangible personal property used in constructing industrial
development property exempted. Notwithstanding any other laws and subject to the limitations
set out in Section 40-9B-5, the gross proceeds of the sale to, or the storage, use, or consumption
by, any contractor of any tangible personal property to be incorporated into a private use
industrial development property or major addition for which a private user is granted a valid
abatement of construction related transaction taxes pursuant to this chapter shall be exempt
from all state and local sales and use taxes, except those county and municipal sales and
use taxes levied for educational purposes or for capital improvements for education. This
exemption shall not apply to any purchases of tangible personal property by a contractor which
would not also be exempt if purchased by a private user who has been granted a valid abatement
of construction related transactions taxes pursuant to this...
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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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40-9B-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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45-37-248
Section 45-37-248 Sales tax abatements. (a) The Jefferson County Commission, by resolution
or ordinance, may grant or ratify, or both, an abatement of all or part of county sales and
use taxes on purchases of tangible personal property and uses of taxable services that are
incorporated into an industrial development property in the county or a major addition to
an existing industrial development property in the county for any and all private use industrial
property that has been approved for abatement under the Tax Incentive Reform Act of 1992 prior
to May 6, 1998. Any such grant or ratification, or both, may be retroactively effective to
the date on which the abatement under the Tax Incentive Reform Act of 1992 was approved pursuant
to Section 40-9B-5. (b) The Jefferson County Commission shall have authority to provide Jefferson
County sales tax abatements on the retail sale of construction materials, supplies, and services
to persons or their authorized agent or contractor who...
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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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40-9C-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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40-9C-4
Section 40-9C-4 Authorization of abatement. (a) Noneducational ad valorem taxes, construction
related noneducation transaction taxes, except those construction related transaction taxes
levied for educational purposes or for capital improvements for education, and mortgage and
recording taxes may be abated with respect to brownfield development property and security
documents and other recordable documents associated therewith as provided in this chapter.
(b) No abatement of noneducational ad valorem taxes may exceed the maximum exemption period
of 20 years. No further abatement with respect to the same brownfield development property
may be granted unless there is a major addition to the property, in which event abatement
may be granted only with respect to the noneducational ad valorem taxes on the major addition
by complying with the procedures set forth in this chapter. (c) An abatement of construction
related noneducation transaction taxes shall apply only to tangible personal...
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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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40-23-1
Section 40-23-1 Definitions; transactions considered or not considered sales. (a) For the purpose
of this division, the following terms shall have the respective meanings ascribed by this
section: (1) PERSON or COMPANY. Used interchangeably, includes any individual, firm, copartnership,
association, corporation, receiver, trustee, or any other group or combination acting as a
unit and the plural as well as the singular number, unless the intention to give a more limited
meaning is disclosed by the context. (2) DEPARTMENT. The Department of Revenue of the State
of Alabama. (3) COMMISSIONER. The Commissioner of Revenue of the State of Alabama. (4) TAX
YEAR or TAXABLE YEAR. The calendar year. (5) SALE or SALES. Installment and credit sales and
the exchange of properties as well as the sale thereof for money, every closed transaction
constituting a sale. Provided, however, a transaction shall not be closed or a sale completed
until the time and place when and where title is transferred by...
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