Alabama Department of Revenue - Tax Incentives - Capital Credit Forms
Capital Credit Forms
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When Each Form Should Be Filed
There are five Alabama Department of Revenue forms related to the Alabama income tax capital credit program. Three forms are application forms and are used to notify the Department of the intent to utilize the capital credit, notify the department that the project has been placed in service, and to notify the department of any administrative changes in the project owners. These forms are filed only once with the Department of Revenue. The other two forms are utilized after the project is placed in service and are filed annually with the Alabama income tax return; one is filed with the tax return of the project to compute project income and to the other is filed with the return of the recipient of the credit to compute the amount of credit to be utilized by the recipient.
These are the first three forms, to be filed with the Commissioner's Office of Department of Revenue:
Report of Intent to Invest in Project
- Form INT
- Schedule of Allocations of Capital Credit
- In order to qualify for the capital credit, a project must file a written statement of intent with the Department of Revenue, which is the Form INT. Only one Form INT is to be filed per project; however, a company or venture may have more than one project. The form is required to be filed before the project is placed in service. The date of receipt of this form will constitute the date of filing the statement of intent required by law. NOTE: If the Form INT is not received by the Department of Revenue before the project is placed in service, the project will not be approved for the capital credit.
- When a completed Form INT is received, it is reviewed to determine that all necessary information is included and that the application is complete. A Schedule of Allocations of Capital Credit must accompany each Form INT if there are more than two recipients of the capital credit. Once the form has been approved by the Department of Revenue, an approval letter will be sent to the company with pertinent information regarding their capital credit project.
- Per Section 41-9-202.1, Code of Alabama 1975, a "notification acknowledgment letter" from the Department of Commerce is required to be issued before the Form INT can be processed. For a notification letter to be issued, the Department of Commerce must be notified of the project perimeters, which includes a brief description of the project, capital investment, new jobs, location and the estimated date the project will be placed in service. The notification letter is usually initiated by the applicable local economic developer. Please contact your local economic developer to ensure the notification letter has been issued. For more information, you can contact the Department of Revenue at 334-242-1175, or the Department of Commerce at 334-242-0400.
- Pursuant to the Immigration Act, in order to receive state or other public incentives, any business entity that employs one or more employees shall not knowingly employ, hire for employment, or continue to employ an unauthorized alien. For purposes of the capital credit, the company is required, at the time of filing Form INT, to provide documentation establishing that the business entity or employer is enrolled in the e-Verify program.
Accounting Practices Agreement
- The accounting practices agreement serves as an agreement between the project and the department for the determination of income at the project as required by law. The agreement indicating the preferred income determination method on the Form INT will be mailed to the companies with the project approval letter.
- There are three types of agreements available: three factor method, two factor method, and separate accounting. Separate accounting is allowed only in special circumstances when the two-factor or three-factor methods are not feasible. Once the agreement has been signed and remitted by the project, the Department Secretary will sign the agreement on behalf of the department. A copy of the signed agreement will then be sent to the project.
Report of Intent to Invest in Project
- Form INT-2
- Form INT-2 is filed after the project has been placed in service and before the project claims the credit on an Alabama income tax return. The actual amount of capital costs reported on Form INT-2 is used to compute the annual five percent (5%) allowed to the project and its recipients. The capital costs shall not include costs incurred prior to the commencement of the project, assets placed in service prior to the filing of Form INT, or costs incurred after the project was placed in service. The date the project is placed in service is the date the capital credit begins.
- Form INT-2 must be approved by the Department of Revenue before any credit can be claimed.
- For purposes of the capital credit a qualifying project shall be considered placed in service on the earlier of the following days neither of which shall be deemed to have occurred prior to the first day on which the qualifying project's total capital costs have been incurred:
- the day on which, under the taxpayer's depreciation practice, the period for depreciation with respect to such qualifying project begins; or
- the day on which the qualifying project begins a specifically designed function for the production of revenues.
Notice of Change of Ownership, Interest, or Participation of Interest in Project
- Form INT-4
- If at any time after filing the Form INT the project has a change in ownership, interest, or participation of interest in the project, the project should file a Form INT-4 indicating the current recipients of the capital credit. This form should be completed in its entirety.
Forms Attached to Alabama Income Tax Returns
These two forms are to be filed annually by companies to receive the capital credit by attaching them to their Alabama income tax return:
- Form AR
- Form AR should be completed and attached to the Alabama income tax return of the project. Although several companies may combine to form a joint venture, the companies must form a joint entity for Alabama income tax purposes. Therefore, this form is to be attached to the Alabama income tax return of the project entity (or joint entity) which reports the income from the project.
- Each project entity will file one (1) Form AR each year for each project. It will be attached to the Alabama income tax return of the project entity. This form will indicate that the requirements for the capital credit have been maintained for the tax year.
- Form AR will provide the computation for the income attributable to the project. The two and three factor methods are computed similarly to computation for the Alabama corporate income tax return. However, instead of a fraction consisting of Alabama to Everywhere, the fraction shall consist of Project to Alabama.
- In year one, the credit will be pro-rated for the portion of the year that the project was in service. The remainder of the 5% credit from year one will be applied to the tax year after the last full year of available credit.
- A project may file a short year return. This will occur mostly in new projects where the company did not previously have sufficient nexus in Alabama and is placed in service in the middle of a tax year. This computation will mirror the computation for the part-year filers.
Schedule of Recipient's Share of Capital Credit
- Form K-RCC
- Form K-RCC should be completed and distributed to all recipients receiving the capital credit and must be attached to the recipient's Alabama income tax return to receive the credit.
- This form shows the income from the project which is distributed to the recipient. If the qualifying project is a C corporation, this form should be attached to the project entity's return along with the Form AR.
- A Form K-RCC will be filed by all recipients of the capital credit. The project entity will complete Lines 1-3, 5, and 6 while the recipient of the credit will complete lines 4 and 7.