Title 40

(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 …

(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 shall not be considered securities under Section 8-6-2(10). (c…

(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 all available resources, i…

(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…

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 investment. d. The estimated …

(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…

(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 Chapter 18 of this Title 40: (1) An…

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. (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…

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, enlarge, or othe…

This article shall be known and may be cited as the Alabama Small Business and Agribusiness Jobs Act. (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 …

(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) for each qualif…

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 …

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…

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

For the purposes of the Growing Alabama Act pursuant to this article, the following words and phrases have the following meanings: (1) CAPITAL IMPROVEMENTS. Construction and rehabilitation expenses of a capital nature at an inland port or intermodal facility, the dredging of wate…

(a)(1) A local economic development organization that owns a site, either solely or jointly with other local economic development organizations, may apply to the Department of Commerce for funding to solve an inadequacy involving the site. For sites with multiple owners, all owne…

(a) Following a review, if the Department of Commerce approves the application provided in Section 40-18-417.2(a), it shall forward the application to the Renewal of Alabama Commission. (b) The Renewal of Alabama Commission shall consider the application and shall approve it if t…

(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…

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, enlarge, or othe…

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

For the purposes of this article, the following terms shall have the following meanings: (1) APPRENTICE. A worker at least 16 years of age, except where a higher minimum age standard is otherwise fixed by law, who is employed to learn an apprenticeable occupation as provided in 2…

(a) For tax years beginning on or after January 1, 2017, through the tax year beginning January 1, 2019, an Alabama income tax credit is allowed for eligible employers that employ an apprentice for at least seven full months of the prior taxable year. The credit shall equal up to…

(a) The Alabama Office of Apprenticeship, under the direction of the Workforce Development Division of the Department of Commerce, with the consultation of the Board of Trustees of the Alabama Community College System or its designee, may adopt any rules necessary to establish st…

The tax credits allowed under this article shall be effective January 1, 2017, for the 2017 taxable year and shall continue through the 2025 tax year, unless extended by act of the Legislature. (Act 2016-314, p. 784, §5; Act 2019-506, §8; Act 2023-539, §14.)

This article shall be known and may be cited as the “Alabama Taxpayer Protection and Assistance Act.” (Act 2017-363, §1.)

The Alabama Taxpayer Protection and Assistance Act is enacted to protect consumers by establishing a mechanism to ensure that qualified individuals provide tax preparation services in Alabama. (Act 2017-363, §2.)

When used in this article, the following terms shall have the following meanings: (1) DEPARTMENT. The Alabama Department of Revenue. (2) INCOME TAX RETURN PREPARER. (a) A person who prepares for compensation, or who employs one or more persons to prepare for compensation, any inc…

No person may provide tax preparation services for Alabama income tax returns, unless an IRS issued Preparer Tax Identification Number is provided by such preparer when submitting a return and signing as a paid preparer. (Act 2017-363, §4.)

(a) For taxable years beginning on or after January 1, 2018, the department, by rule, shall require any income tax return preparer, as defined in this article, to include his or her PTIN on any tax return prepared by the income tax return preparer and filed under this chapter, or…

(a) The department may investigate the actions of any income tax return preparer filing Alabama income tax returns and may bar or suspend an income tax return preparer from filing returns with the department for good cause, subject to the appeal rights under Chapter 2A of this ti…

The department shall adopt rules to assist with the implementation and enforcement of this article. (Act 2017-363, §10.)

(a) Any tax credits or advance refund amounts received as a result of the federal Coronavirus Aid, Relief, and Economic Security Act, as provided in 26 U.S.C. § 6428, or as a result of Section 272 of the COVID-related Tax Relief Act of 2020 (RELIEF Act), Pub. L. 116-260, as provi…

(a) Any amount of cancellation of indebtedness income resulting from a loan forgiven under Section 1106 or Section 1109 of the federal Coronavirus Aid, Relief, and Economic Security Act as redesignated or amended by the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and V…