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40-9C-3
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 title,
not levied for education purposes or for capital improvements for education, on tangible personal
property and taxable services incorporated into a brownfield property development pursuant
to Chapter 30E of Title 22, the cost of which may be added to capital...
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40-9B-3
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 permits expenditures properly chargeable
to capital account to be treated as current expenses. (4) DATA PROCESSING CENTER. An establishment
at which not less than 20 new jobs are located, the average annual total compensation, including
benefits, of such new jobs to be not less than...
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40-9C-4
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 property and taxable services incorporated
into a brownfield development property, the cost of which may be added to capital account
with respect to the property, determined without regard to any rule which permits expenditures
properly chargeable to capital account to be treated as current expenses. No abatement of
construction related noneducation transaction taxes shall extend beyond the date the property
is placed in service for federal income tax purposes. No further abatement may be...
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9-15-82
Section 9-15-82 Article not to apply to certain transfers, reversions, sales, etc. (a) This
article shall not apply to the transfers of real property between departments, boards, bureaus,
commissions, institutions, corporations, or agencies of the state. These transfers may be
made by mutual agreements between the chief executive officers of the respective departments
with the approval of the Governor. This article shall not apply to the leasing or sale of
timber from unused lands under Section 9-15-1 et seq.; to the leasing or sale of timber from
school lands and swamp and overflowed lands under Section 9-15-30 et seq.; to the leasing
of oil, gas, and other minerals under Section 9-17-60 et seq.; real property sold by the Department
of Revenue under tax sales and redemptions; to the sale of property by the Alabama Historical
Commission under Section 41-9-249(7); to reversions made under Section 31-4-18; to the sale
or conveyance of real property by the Alabama Housing Finance...
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40-18-15
provisions of 26 U.S.C. §§ 163, 264, and 265. (3) The following taxes paid or accrued within
the taxable year: a. Income taxes, Federal Insurance Contribution Act taxes, taxes on self-employment
income and estate and gift taxes imposed by authority of the United States or any possession
of the United States. b. State and local, and foreign, occupational license taxes, and contributions
to state unemployment funds. c. State and local, and foreign, real property taxes. d. State
and local personal property taxes. e. The generation-skipping transfer (GST) tax imposed
on income distributions by 26 U.S.C. § 2601. f. The taxes described in paragraphs c., d.,
and e. shall be deductible only to the extent that the taxes are deductible for federal income
tax purposes under 26 U.S.C. § 164 (relating to taxes). g. In addition, there shall be allowed
as a deduction, state and local, and foreign taxes, except income taxes, and taxes imposed
by authority of the United States or any possession...
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40-9B-4
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, on the major addition
by complying with the procedures set forth in this chapter. Notwithstanding the immediately
preceding sentence, with respect to a data processing center, an abatement of noneducational
ad valorem taxes, other ad valorem taxes, or payments required to be made in lieu thereof,
shall apply to all real and personal property comprising a data processing center,
the costs of which may be capitalized for federal income tax purposes, acquired at any time
during the applicable maximum exemption period, including, but not limited to, computers,
software licensed for use at the qualifying data processing center, equipment supporting computing,
networking, or data storage; cooling systems, cooling towers, and other temperature infrastructure;
power infrastructure for transformation, distribution, or...
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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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33-12-5
grants or other assistance from federal, state and local governments or from agencies of such
governments and by issuing in its own name revenue bonds pledging a portion of the revenues
from such facilities. f. Arrange with any city, county, municipality or supplier of utilities
for the abandonment, relocation or other adjustment of roads, highways, bridges and utility
lines. (3) LAND ACQUISITION. The agency may acquire by purchase, lease, gift or condemnation
property of any kind, real, personal or mixed, or any interest therein, that the board
deems necessary or convenient to the exercise of its powers or functions; provided, that acquisition
by condemnation shall be limited to land, rights in land, including leaseholds and easements,
and water rights in the Alabama portion of the Elk River Watershed that the board determines
to be necessary to the control and optimum development of the Elk River. The amount and character
of the interests in land, rights in land and water rights...
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40-2A-4
Section 40-2A-4 Taxpayers' bill of rights. (a) Rights of the taxpayer. (1) For purposes of
this subsection and subsections (c) and (d), the term "department" shall include
the Department of Revenue, a self-administered county or municipality, or a private examining
or collecting firm, depending on whether the Department of Revenue, a self-administered county
or municipality, or private examining or collecting firm is conducting the examination of
the taxpayer. (2) At or before the commencement of an examination of the books and records
of a taxpayer, the department shall provide to the taxpayer the current version of Publication
1A. Publication 1A shall provide, in simple and non-technical terms, a statement of the taxpayer's
rights. Those rights include the right to be represented during an examination, an explanation
of their appeal rights, and the right to know the criteria and procedures used to select taxpayers
for an examination. (3) At or before the issuance of a preliminary...
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34-27-31
appeals in connection with the judgment, file a verified claim in the court in which the judgment
was entered and, on 10 days' written notice to the commission, may apply to the court for
an order directing payment out of the Recovery Fund of the amount unpaid on the judgment.
(4) The court shall proceed on the application immediately and, on hearing, the aggrieved
person shall be required to show each of the following: a. He or she is not the spouse, child,
or parent of the debtor, or the personal representative of the spouse, child, or parent.
b. He or she has obtained a judgment, as described in subdivision (e)(3), stating the amount
of the judgment and the amount owing on the judgment at the date of the application, and,
that in the action, he or she had joined any and all bonding companies which issued corporate
surety bonds to the judgment debtor as principal and all other necessary parties. c. The following
items, if recovered by him or her, have been applied to the actual...
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