Code of Alabama - Title 40: Revenue and Taxation - Section 40-7-25.4 - Current use value of Class III property — Abatement of tax under Section 40–7–25.3

Section 40-7-25.4 - THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION, EFFECTIVE FEBRUARY 6, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.

(a) The governing body of a county may grant an abatement of all or a portion of the taxes otherwise due under Section 40-7-25.3 with respect to property located within the county.

(b) The abatement provided by subsection (a) may only be granted if all of the following are satisfied:

(1) The property will be used for a qualifying project as defined in Section 40-18-372 (1).

(2) The qualifying project shall create at least the number of new jobs specified in Section 40-18-372 (2).

(3) The property is an area within which not less than fifty million dollars ($50,000,000) of capital expenditures in connection with the establishment, expansion, construction, equipping, development, or rehabilitation of such qualifying project is anticipated to be made based upon representations and information provided by the anticipated user or users of the qualifying project and such other information as the county shall have available to it and deems appropriate.

(4) If the property is located within a municipality, the abatement shall be consented to by resolution of the governing body of the municipality.

(c) The abatement granted by a county pursuant to this section shall be embodied in an agreement between the county and the owner or user of the property. The agreement shall be filed with the Department of Revenue within 90 days after the granting of the abatement, the contents of which the Department of Revenue shall use solely for its statistical and recordkeeping activities but shall otherwise keep confidential unless consented to in writing by the owner or user of the property.

(Act 2018-53, §1.)

Last modified: May 3, 2021