Alabama Administrative Code
Title 810 - ALABAMA DEPARTMENT OF REVENUE
Chapter 810-4-3 - REQUIREMENTS FOR ASSESSING AND GRANTING OF ABATEMENT OF NONEDUCATIONAL AD VALOREM TAXES ON CERTAIN INDUSTRIAL PROPERTY
Section 810-4-3-.05 - Procedures For Granting Of Abatement - Chapter 9B

(1) A petition for abatement of noneducational Ad Valorem Taxes may be made by any person who is the owner of private use industrial development property, proposes to become a private user of industrial development property, or undertakes a major addition to existing industrial development property to the appropriate granting authority before the time the property is placed in service for Ad Valorem Tax purposes in accordance with the procedures described below. The petition must be accompanied by an application provided by the department and contain information that will permit the granting authority to make a reasonable cost/benefit analysis to determine qualification for abatement and maximum abatement period.

(2) Subject to geographical, jurisdictional, or other limitations set forth in § 40-9B-5(c), Code of Ala. 1975, and with the exception of data processing centers, the appropriate governing body of a municipality, county, or public industrial authority may grant abatements of noneducational Ad Valorem Tax for a period not to exceed 10 years with respect to private use industrial property.

(3) Abatements authorized for data processing centers may be granted according to the procedures above for a period not to exceed 30 years within the constraints of § 40-9B-3, Code of Ala. 1975.

(4) A corresponding municipal Ad Valorem Tax is defined as an Ad Valorem Tax levied by the municipality. If a municipality does not have a corresponding municipal tax, a municipality or municipal authority may abate the county Ad Valorem Tax only if the governing body of a county authorizes by resolution the municipality or municipal authority to abate the eligible county Ad Valorem Tax. The resolution by the county or county authority, as applicable, must be adopted by a majority of its members.

(5) An abatement of noneducational Ad Valorem Tax for a period longer than 10 years may be granted:

(6) The governing body of a county and a municipality may separately authorize one or more public industrial authorities to provide by resolution for the consent on its behalf.

(7) Abatements granted by the granting authority be embodied in an agreement between the granting authority and the private user, setting forth:

(8) The private user must file with the department within ninety (90) days after the granting of the abatements, a copy of the required agreements, consents and/or resolutions, and application.