Alabama Administrative Code
Title 810 - ALABAMA DEPARTMENT OF REVENUE
Chapter 810-17-1 - ECONOMIC TAX INCENTIVES
Section 810-17-1-.01 - Economic Tax Incentives Reporting
Current through Register Vol. 43, No. 02, November 27, 2024
(1) Scope. This rule sets forth guidelines and procedures to be used by State Agencies that are required to file annual Economic Tax Incentive reports to the Legislature as required by Act 2016-389.
(2) Definitions. For purposes of this rule, these terms shall be defined as follows:
(3) Reporting Requirements. Each Economic Tax Incentive shall be reported separately. If more than one State Agency is required to file a report on the same Economic Tax Incentive, the report shall be prepared collaboratively, by such State Agencies. If such State Agency does not know or cannot determine the answer to any of the information requested, the State Agency should state that the answer is unknown and further state whether it is unknown because the underlying source data does not exist or because the State Agency lacks the expertise to provide the data. Each State Agency that administers a Tax Incentive shall prepare and submit an annual report to the Legislature regarding the Tax Incentive based on the following format and criteria:
(4) The Department shall, when available and upon written request, provide State Agencies, the total amount of Tax Incentives claimed, number of taxpayers claiming the Tax Incentives, calendar year for which the Tax Incentives are claimed and any other information needed in preparing the report. State Agencies must submit the request by November 1 of each year, beginning in 2017. The Department shall notify the State Agency in a timely manner if such Tax Incentive information is not available. The tax information shall be provided to the State Agency in the aggregate to protect the confidentiality of the taxpayers provided for under Section 40-2A-10, Code of Ala. 1975.
(5) Economic Tax Incentive Reports shall be submitted no later than the second Legislative day of each Regular Session beginning in the 2018 Regular Session of the Legislature and each year thereafter. Such reports shall be provided to the Clerk of the House of Representatives and Secretary of the Senate with a copy to the Legislative Fiscal Office and the Alabama Department of Revenue.
(6) The Department shall prepare, beginning with the 2018 Regular Session of the Legislature, a four-year schedule of all the Economic Tax Incentives to be reported. Each State Agency must provide the Department with a list of Tax Incentives it administers, the name of the administering agency(ies), the statutory authority authorizing the Tax Incentive, the effective date and expiration date, if applicable of each Tax Incentive. The list shall be provided to the Department prior to January 1, 2018, and every fourth year thereafter.
Author: Kelly Graham
Statutory Authority: Code of Ala. 1975, §§ 40-2A-7(a)(5), and Act 2016-389.