
Many types of incentives are offered to new and expanding industry
at both the state and local level.
Tax Incentives
Sales, Use, and Property Tax Abatements
- A new or expanding industry may apply to the city, county, or
industrial development authority ("granting body") for an
abatement of all state sales and use taxes and all non-
educational construction-related local sales and use taxes and an
abatement of all non- educational ad valorem taxes related to the
project.
- Ad valorem tax abatements are available for up to the weighted
average economic life of the abated property, up to 10 years.
- Tax abatements are also available on expansions costing at
least 30% of the original cost of the facility or over $2,000,000,
whichever is less.
- A qualifying project includes any trade or business described
in 1987 Standard Industrial Classification Major Groups 20 to 39,
inclusive (generally, manufacturing), 50 and 51 (wholesale
distribution), Industrial Group Numbers 0737 (various
computer-related services) 0724 (barber colleges and shops), 4613
(refined petroleum pipelines), 8731 (research, development, and
testing services), 8733 (noncommercial research organizations) and
8734 (testing laboratories).
Capital credits
- A new or expanding industry may qualify for credits against
its Alabama income taxes for 20 years.
- Industries must invest $2,000,000 in the facility and create
at least 20 new jobs. Small business additions (having less than
100 jobs in the state) need only invest $1,000,000 and create 15
new jobs.
- Employees must receive an average hourly wage of $8.00 (new
hourly/salaried employees only and all employees thereafter hired)
OR average total compensation of $10.00/hour (new hourly/salaried
employees only and all employees thereafter hired).
- A qualifying project includes any trade or business described
in 1987 Standard Industrial Classification Groups 20-39; 50; 51;
737; 8731; 8733; and 8734; agricultural and food products
processors; process or treatment facilities which recycle,
reclaim, or convert materials to a reusable product; and corporate
headquarter facilities.
Federally tax-exempt bond financing
- Federally tax-exempt bond financing may be available for
certain small manufacturing issues. Bonds may only be tax-exempt
if the total land and depreciable capital costs of the project are
$10,000,000 or less.
- Tax exempt financing can provide extremely low interest rates
that may be either fixed or floating.
Solid waste and sewage disposable bonds
- Although federally tax-exempt industrial development bonds are
generally limited to projects with $10,000,000 in capital or less,
an exception applies for the portion of plants allocable to solid
waste and sewage disposal.
- Very large bond issues are permitted to the extent an
engineering study justifies treating a portion of plant costs as
attributable to solid waste or sewage disposal.
Franchise tax incentives
- Alabama levies a foreign franchise tax on non-Alabama
corporations of $3 per $1,000 of capital employed in Alabama.
- Certain industries may be exempted from this tax, based on
capital investment and jobs created, as follows:
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Amount Invested
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New Employees
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Not less than $1,000,000,000
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Not less than 500
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Not less than $900,000,000
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Not less than 600
|
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Not less than $800,000,000
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Not less than 700
|
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Not less than $700,000,000
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Not less than 800
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Not less than $600,000,000
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Not less than 900
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Not less than $500,000,000
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Not less than 1,000
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Not less than $400,000,000
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Not less than 1,100
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Not less than $300,000,000
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Not less than 1,200
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- The investment must be made within 6 years after December 1,
1997.
- A declaration of intent to claim the deduction must be filed
with the Department of Revenue within 30 months from September 22,
1999.
- The deduction expires 20 years after December 1, 1997.
- There are other planning techniques that may reduce or even
eliminate this tax.
- The United States Supreme Court has declared Alabama's foreign
franchise tax unconstitutional, but it is expected that any
replacement tax will have similar exemptions.
Pollution control facilities
- Air and water pollution control facilities are automatically
exempt from sales, use, and property taxes, if the taxpayer claims
the exemption.
Non-Tax Incentives
There are a number of incentives available that are not tax
incentives and that are sometimes overlooked by a company planning to
locate in Alabama. The following summarizes the most significant
programs:
Alabama Industrial Development Training
- Perhaps the most popular incentive in the State is the Alabama
Industrial Development Training ("AIDT") program. This program
provides recruitment, assessment, and training of potential
employees, development and production of training materials, and
training facilities.
- AIDT will allow the company to supply training instructors,
but will also make instructors available from the State's
university and junior college system, as well as other
industries.
- Often, an on-site training facility will be established.
- This program is extremely flexible and is custom-designed for
each industry.
Site Preparation Grants
- The State Industrial Development Authority (the "SIDA")
administers a pool of funds available for the development of
sites. These funds are made as a grant to an industrial
development authority or similar governmental entity. Funds are
limited with a maximum of $375,000 per project, and no more than
the actual cost of site preparation.
- A qualifying project includes any trade or business described
in 1987 Standard Industrial Classification Major Groups 20 to 39,
inclusive, 50 and 51, Industrial Group Number 737, and Industry
Numbers 0724, 8731, 8733 and 8734.
Grant Scale:
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Capital Costs
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% of Project Cost or Limit
|
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Less than $100,000
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6%
|
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$100,000 - $199,999
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5% (minimum $6,000)
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$200,000 - $399,999
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4% (minimum $10,000)
|
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$400,000 - $799,999
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3% (minimum $16,000)
|
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$800,000 - $1,599,999
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2% (minimum $24,000)
|
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$1,600,000 - $9,999,999
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1% (minimum $32,000)
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$10,000,000 - $20,000,000
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.75% (minimum $100,000)
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$20,000,000 or greater
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maximum $150,000
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Effective: June 1999
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Various other grant programs
- There are other state and federal grants and subsidized loan
programs available.
- Most of these grants and programs have deadlines that require
application before commencement of construction and/or before
taking title to the project.
Alabama State Employment Service ("ASES")
- ASES Works with AIDT to provide job screening and testing, at
no charge.
Wallace Plan for Linked Deposits
- The financial institution making the loan will receive state
deposits sufficient to allow the institution to make a loan at up
to 3% below the interest rate that the borrower would otherwise
pay.
- These loans are in the amount of $15,000 per job to be created
or sustained. For loans of over $250,000, one job must be created
for each $10,000 of the loan.
- The biggest limitation is that the reduced rate will only
apply for the first two years of the loan.
Miscellaneous Grant Programs
- ADECA Infrastructure Grants
- EDA Infrastructure Grants
- ARC Grants
- Community Development Block Grants
- Rural Economic and Community Development Loan and Grants
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These materials are provided courtesy of:
Tanner & Guin, L.L.C.
Attorneys at Law.
2711 University Boulevard
Tuscaloosa, AL 35403
(205) 633-0200
(205) 633-0290 (fax)
www.tannerguin.com
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