Title 40 — Title 40

(a)(1) This section shall be applicable to a technology company so long as there is a project agreement which provides that Alabama is or will become the company’s headquarters, the place of residence of its top three executives, and the place of residence of at least 75 percent …

(a) This section shall be applicable to an underrepresented company, as defined in this section. In making the findings required by Section 40-18-373(1), an underrepresented company that proposes a qualifying project shall be an approved company for purposes of this section only …

Securities; Disclosure, Use, and Dissemination of Information. (a) After its execution, the Department of Commerce shall forward to the Department of Revenue a copy of any project agreement that allows an incentivized company to claim a jobs act incentive. (b) Jobs act incentives…

Incentivized Companies. (a) The Department of Labor shall periodically verify the actual number of employees employed at the qualifying project and the wages of the employees during the relevant year. If the Department of Labor is not able to provide the verification utilizing al…

(a) There is hereby created a permanent Joint Legislative Advisory Committee on Economic Incentives, hereinafter referred to as the committee. (b) The committee shall be comprised of all of the following persons: (1) The chairs of the House Ways and Means General Fund and Educati…

Under the Alabama Jobs Act. The Department of Commerce shall publish all of the following information on its website: (1) For each project incentivized under this article: a. The name of the incentivized company. b. The county of the qualifying project. c. The estimated capital i…

Repealed by Act 99-664, effective Dec. 31, 2000. History: (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §405; Acts 1993, 1st Ex. Sess., No. 93-852, p. 95, §4.)

(a) The Departments of Commerce, Labor, Insurance, Revenue, and Finance shall implement this article, exercise all powers as authorized in this article, and promulgate regulations to implement and administer the provisions of this article. b) All filings made by a private party w…

(a) Nothing in this article shall be construed to constitute a guarantee or assumption by the state of any debt of any company nor to authorize the credit of the state to be given, pledged, or loaned to any company. (b) The provisions of this article shall not be construed in a m…

The incentives authorized by this article shall not be available for qualifying projects for which project agreements have not been executed on or prior to July 31, 2028, unless the Legislature enacts legislation to continue or reinstate the incentives for new projects after that…

(a) At no time prior to the calendar year ending December 31, 2021, shall the annualized balance of the outstanding jobs act incentives exceed three hundred fifty million dollars ($350,000,000), which amount shall increase to three hundred seventy-five million dollars ($375,000,0…

Amendments to Project Agreements. (a) Both of the following shall be considered industrial or research enterprises for purposes of Chapter 9B of this Title 40, approved activities for purposes of Chapter 9G of this Title 40, and qualifying projects for purposes of Article 16 of C…

The departments of Economic and Community Affairs, Revenue, Commerce, and Finance shall implement Act 2019-392, exercise all powers as authorized in Act 2019-392, and adopt rules to implement and administer Act 2019-392. History: (Act 2019-392, §8.)

Notwithstanding the provisions of Section 40-18-376(d)(2), to the extent the investment credit is used to offset an insurance premium tax liability and a portion of the insurance premium taxes are deposited into the Education Trust Fund, the Department of Finance shall adopt rule…

Suppliers. In no event does Act 2023-34 authorize any electric provider to provide retail electric service outside of its electric service territory as determined under the applicable provisions of Chapter 14 of Title 37. Nothing in Act 2023-34 is intended to amend, repeal, enlar…

(a) Except as provided in subsection (c), every corporation, joint stock company, or association subject to income tax under this chapter shall file a return with the Department of Revenue for each taxable year, stating specifically the items of its gross income and the deduction…

(a) For a tax year in which the business interest expense deduction of the taxpayer, or of any federal consolidated return group of which the taxpayer is a member, is not limited pursuant to 26 U.S.C. § 163(j) on the federal income tax return for the tax year, the taxpayer shall …

After January 1, 2021. (a)(1) For tax years beginning on or after January 1, 2021, a corporate income taxpayer shall be allowed one month following the due date of the corresponding federal income tax return, including applicable extensions, to file the Alabama corporate income t…

This article shall be known and may be cited as the Alabama Small Business and Agribusiness Jobs Act. History: (Act 2016-188, §1.)

For the purpose of this article, the following words and phrases shall have the following meanings: (1) ALABAMA SMALL BUSINESS EMPLOYER. A business organization duly formed, organized, or qualified to do business in the state, with its headquarters or principal place of business …

of Tax Credit. (a) An Alabama small business tax credit is hereby allowed for any Alabama small business employer that creates a new job and hires a new full-time employee to fill that job. The credit shall be a one-time credit equal to one thousand five hundred dollars ($1,500) …

The department may adopt rules consistent with this article as necessary to implement and administer this article. Rules may be adopted to include, but not limited to, a requirement that, upon request, taxpayers shall receive credits for up to, but no more than, the number of qua…

By December 31, 2016, the Department of Revenue shall create and implement a program to actively promote to small business owners, tax professionals, and other appropriate parties the tax credits allowed under the Alabama Small Business Jobs Act created by this article, the Full …

Agencies or Instrumentalities. Interest or other income on obligations of the United States, or its possessions, or interest or other income on bonds or other securities of any agencies or instrumentalities of the United States, or of corporations organized under the laws of the …

The income tax provided in this chapter shall be reported on forms as prescribed by the department. The failure to receive such form from the department shall not relieve a taxpayer from liability for any tax penalty or interest otherwise due. The tax due as reported on such retu…

For the purposes of this article, the following words and phrases shall have the following meanings: (1) BASE CARGO VOLUME. The greater of the following: a. One hundred five percent of the cargo volume of a port facility user in the 12-month period immediately preceding the appli…

(a) The port credit provided for in Section 40-18-403 is created by this article and is allowed upon strict compliance with the provisions herein. (b) Prior to the allowance of the port credit, an application shall be filed with the commission, on a form promulgated by the commis…

(a) There is hereby created the Renewal of Alabama Commission. (b) The commission shall be comprised of all of the following persons: (1) The Director of Finance, or his or her designee. (2) The Secretary of Commerce, or his or her designee. (3) The Chair of the House Ways and Me…

(a) If approved by the commission, a port credit is allowed, in an amount equal to the cargo volume calculated from subdivisions (1) and (2) as follows multiplied by the appropriate amount shown in the table in subsection (b): (1) The port user’s cargo volume in the 12-month peri…

Any surplus remaining from the proceeds of the tax imposed by this chapter after providing for interest and installment annual payments or annual amortization installments on the current debts of the state as of September 30, 1932, shall be applied to the reduction of the ad valo…

Definitions. THIS SECTION WAS REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-2. History: (Act 2016-102, p. 148, §3; Act 2019-392, §3.)

Applications. THIS SECTION WAS REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-2 History: (Act 2016-102, p. 148, §3; Act 2019-392, §3.)

Approval of Applications; Agreements. THIS SECTION WAS REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-2. History: (Act 2016-102, p. 148, §3; Act 2019-392, §3.)

Scope and Use of Growing Alabama Credits. THIS SECTION WAS REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-2. History: (Act 2016-102, p. 148, §3; Act 2019-392, §3.)

Site Preparation or Public Infrastructure Work; Reports. THIS SECTION WAS REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-2. History: (Act 2016-102, p. 148, §3; Act 2019-392, §3.)

Forms; Construction of Article; Rulemaking Authority. THIS SECTION WAS REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-2. History: (Act 2016-102, §3.)

Repeal of Article. THIS SECTION WAS REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-2. History: (Act 2016-102, §3.)

This article shall be known and may be cited as the Growing Alabama Act. History: (Act 2021-2, §2.)

AMENDED BY ACT 2026-533, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE. For the purposes of the Growing Alabama Act pursuant to this article, the following words and phrases shall have the following meanings: (1) CAPITAL IMPROVEMENTS. Construction and rehabilitation expens…

AMENDED BY ACT 2026-533, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a)(1) A local economic development organization that owns a site may apply to the Department of Commerce for funding to solve an inadequacy involving the site. The application by the local economic de…

2026.] AMENDED BY ACT 2026-533, EFFECTIVE JUNE 1, 2026. SEE ACT FOR REVISED LANGUAGE. (a) Following a review, if the Department of Commerce approves the application provided in subsection (a) of Section 40-18-417.2, it shall forward the application to the Renewal of Alabama Commi…

(a) A taxpayer is allowed a Growing Alabama Credit to be applied against all of the following: (1) To offset the income taxes levied in this chapter, or as an estimated tax payment of income taxes. (2) To offset the state portion of the financial institution excise tax levied in …

(a) Upon receipt of funding provided by the tax credit process in Section 40-18-417.4, the economic development organization shall proceed with the work that was specified in the application required by Section 40-18-417.2. (b)(1) As to a project described in subdivision (a)(1) o…

(a) All filings and applications made with any department of the state government shall be made using forms adopted by the department. The filing shall be treated as a tax return, subject to penalties imposed by the Department of Revenue. (b) Nothing in this article shall be cons…

The Growing Alabama Credits provided in this article shall not be available for qualifying applicants as described in this article, for which applications are not approved on or prior to July 31, 2028, unless the Legislature enacts legislation to extend the date. This shall only …

(a) Notwithstanding subsection (f) of Section 40-18-417.4, for tax years beginning on or after January 1, 2021, the credit issued to a parent or holding company may be claimed by the subsidiary, provided both parent or holding company and subsidiary are filing as part of an Alaba…

Suppliers. In no event does Act 2023-34 authorize any electric provider to provide retail electric service outside of its electric service territory as determined under the applicable provisions of Chapter 14 of Title 37. Nothing in Act 2023-34 is intended to amend, repeal, enlar…

(a) Time of payment for individuals. In the case of individuals, the total balance of the tax owed after credits for taxes paid through withholding as provided in Section 40-18-78, or through estimated payments as provided in Sections 40-18-82 and 40-18-83, shall be due and payab…

(a) This section shall be known and may be cited as the David E. Scott Tax Filing Act of 2021. (b)(1) Notwithstanding anything to the contrary in Chapter 16 or this chapter, payments of income tax or financial institution excise tax originally due between April 15, 2021, and June…

This article shall be known and may be cited as the Apprenticeship Tax Credit Act of 2016. History: (Act 2016-314, §1.)