Form Int - Report Of Intent To Invest In Project For Income Tax Capital Credit - 2009 Page 2
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4Instructions For Preparing Report of Intent to Invest in Project (Form INT)
General Instructions
addition is an addition of any land, building or other improvement, and all real
and personal properties deemed necessary or useful in connection therewith,
Sections 40-18-190 through 40-18-203 and Sections 40-18-240 through 40-18-
whether or not previously in existence, to be used as a part of any existing facil-
250, Code of Alabama 1975 provide for an annual capital credit against
ity of a business located in the state that, prior to the date on which the addition
Alabama income tax liability or financial institution excise tax liability (for data
is placed in service, had 100 or fewer full-time employees.
processing center, headquarters facility, and in-bound call center projects only)
Headquarters Facility Project
generated by or arising out of a qualifying project in the amount of five percent
of capital costs for 20 years, beginning in the year the qualifying project is placed
A project described in the 2007 North American Industrial Classification System
in service. This form is to serve as the written statement of intent for a capital
(NAICS) National Industry 551114, capital costs which are not less than
credit project in accordance with Section 40-18-191 and 40-18-241. Any project
$2,000,000, a minimum of 50 jobs for new employees created, and the average
meeting the statutory requirements may qualify for the capital credit provided the
hourly wage of all new employees at the project must meet the base wage
Form INT is received by the Department of Revenue prior to placing the project
requirement.
Headquarters facility projects do not qualify for Favored
in service (a project that is a phased project must file Form INT prior to placing
Geographic Area status.
the first phase in service.)
Provided all requirements have been met, the
Data Processing Center Project
Department will approve the qualifying project and will assign a project number.
The project number must be used whenever you are corresponding with the
Department about this project. Any project not filing a timely Form INT will not
A project at which the predominant trade or business activity conducted will be
be eligible to qualify for the capital credit. When the actual costs are known and
engaged in the provision of complete processing and specialized reports from
the project is placed in service, Form INT-2 must be filed to report the actual cap-
data, the provision of automated data processing and data entry services, the
ital investment in a project and to report the date the project is placed in serv-
provision of an infrastructure for hosting or data processing services, the provi-
ice. Form INT-2 must be filed prior to taking the capital credit.
sion of specialized hosting activities, the provision of application service provi-
sioning, the provision of general time-share mainframe facilities, or some com-
Pursuant to Section 41-9-202.1, Code of Alabama 1975, all projects, with the
bination of the foregoing, without regard to whether any other activities are con-
exception of state docks projects, must include a “Notification Acknowledgement
ducted at the establishment, capital costs which are not less than $2,000,000, a
Letter” from the Director of the Alabama Development Office (ADO) with the
minimum of 50 jobs for new employees created, and the average hourly wage of
Form INT. The Form INT can be submitted to the Department of Revenue prior
all new employees at the project must meet the base wage requirement. A data
to receiving the “notification acknowledgement letter;” however, the Form INT
processing center located in a Favored Geographic Area qualifies for the lower
will not be processed until the Department of Revenue receives the “notification
investment threshold of $500,000 but must create 50 jobs for new employees.
Research & Development Facility Project
acknowledgment letter.” To receive the “notification acknowledgment letter,” the
company must notify the Alabama Development Office with the following infor-
mation: a brief description of the project, the amount of capital investment in the
A project at which the predominant trade or business activity conducted will be
project, the number of jobs created by the project, the location of the project, and
engaged in conducting original investigations undertaken on a systematic basis
the date the project will be placed in service. Notification can be made on line
to gain new knowledge and/or applying research findings or other scientific
at or in writing to: Alabama Development Office,
knowledge to create new or significantly improved products or processes, capi-
Alabama Center for Commerce, Suite 610, 401 Adams Avenue, Montgomery,
tal costs which are not less than $2,000,000, a minimum of 20 jobs for new
AL 36104.
employees created, and the average hourly wage of all new employees at the
project must meet the base wage requirement. A project located in a Favored
If you have any questions pertaining to the administration of this form or related
Geographic Area is subject to a lower capital cost threshold of $500,000 and a
to the capital credit in general, please contact the Alabama Department of
minimum job creation of five (5) jobs for new employees.
Revenue at (334) 242-1175. Mail this completed form to: Alabama Department
Renewable Energy Facility Project
of Revenue, ATTN: Capital Credit Program Administrator, P.O. Box 327001,
Statutory Requirements For Projects
Montgomery, AL 36132-7001.
A project at which the predominant trade or business activity conducted will
Industrial, Warehousing or Research Activity Project
either 1) produce electricity or natural gas, in whole or in part, from biofuels as
such term is defined in Section 2-2-90(c)(2) Code of Alabama 1975 or from
renewable energy resources defined in Section 40-18-1(30) with the exception
A project at which the predominant trade or business activity conducted will con-
that hydropower production shall be excluded from such definition; or 2) produce
stitute industrial, warehousing, or research activity, capital costs which are not
biofuel as such term is defined in Section 2-2-90(c)(2), capital costs which are
less than $2,000,000, a minimum of 20 jobs for new employees created, and the
not less than $2,000,000, a minimum of 20 jobs for new employees created, and
average hourly wage of all new employees at the project must meet the base
the average hourly wage of all new employees at the project must meet the base
wage requirement. A project located in a Favored Geographic Area is subject to
wage requirement. A project located in a Favored Geographic Area is subject to
a lower capital cost threshold of $500,000 and a minimum job creation of five (5)
a lower capital cost threshold of $500,000 and a minimum job creation of five (5)
jobs for new employees. Industrial, warehousing, or research activity is defined
jobs for new employees.
in Section 40-18-190(8) as any trade or business in the 2007 North American
Alternative Energy Resources Electricity Production Project
Industrial Classification System (NAICS) as: Sectors 31 (except National
Industry 311811), 32, and 33, Subsectors 423, 424, 511, and 927, Industry
A project owned by a utility described in Section 37-4-1(7)a, Code of Alabama
Groups 5417, 5415, and 5182, Industries 11331 and 48691, National Industries
1975, or owned by an investing company which is itself owned by a utility, at
115111, 517110, 541380, and 561422 (in bound call centers only), or any
which the predominant trade or business activity conducted will be the produc-
process or treatment facility which recycles, reclaims, or converts materials,
tion of electricity from alternative energy resources as defined in Section 40-18-
which include solids, liquids, or gases, to a reusable product.
Small Business Addition Project
1(2) Code of Alabama 1975, the capital costs of which are not less than
$100,000,000, a minimum of 20 jobs for new employees created, and the aver-
age hourly wage of all new employees at the project must meet the base wage
A project at which the predominant trade or business activity conducted will con-
requirement. A project that produces electricity from alternative energy
stitute industrial, warehousing, or research activity, capital costs which are not
resources that is located in a Favored Geographic Area qualifies for the lower
less than $1,000,000, a minimum of 15 jobs for new employees created, and the
job creation requirement of five (5) jobs for new employees but the capital costs
average hourly wage of all new employees at the project must meet the base
must not be less than $100,000,000.
wage requirement. Industrial, warehousing, or research activity is defined in
Hydropower Electricity Production Project
Section 40-18-190(8) as any trade or business in the 2007 North American
Industrial Classification System (NAICS) as: Sectors 31 (except National
A project owned by a utility described in Section 37-4-1(7)a, or owned by an
Industry 311811), 32, and 33, Subsectors 423, 424, 511, and 927, Industry
investing company which is itself owned by a utility, at which the predominant
Groups 5417, 5415, and 5182, Industries 11331 and 48691, National Industries
trade or business activity conducted will be the production of electricity from
115111, 517110, 541380, and 561422 (in bound call centers only), or any
hydropower production as defined in Section 40-18-1(16), the capital costs of
process or treatment facility which recycles, reclaims, or converts materials,
which are not less than $5,000,000, a minimum of 20 jobs for new employees
which include solids, liquids, or gases, to a reusable product. A small business
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