(1) Any person who places machinery, equipment, or improvements to real property in
service or use for purposes of this credit and who fails to use the machinery, equipment,
or improvements to real property for at least five years in the production of coal
in this state shall pay the recapture tax imposed by subsection (b) of this section.
(2) This section does not apply when § 11-13EE-10 of this code applies: Provided, That, the successor, or the successors, and the person, or persons, who previously
claimed credit under this article with respect to the machinery, equipment, or improvements
to real property, are jointly and severally liable for payment of any recapture tax
subsequently imposed under this section with respect to the machinery, equipment,
or improvements to real property used to qualify for rebate under this article.
(b) Recapture tax imposed -- The recapture tax imposed by this subsection is the amount determined as follows. If the taxpayer prematurely removes machinery, equipment, or improvements to real
property placed in service when considered as a class from economic service in the
taxpayer's coal production activity in this state, the taxpayer shall recapture the
amount of rebate claimed under this article for the taxable year, and all preceding
taxable years, attributable to the machinery, equipment, or improvements to real property
which has been prematurely removed from service. The amount of tax due under this subsection is an amount equal to the amount of
rebate that is recaptured pursuant to this subsection.
(c) Payment of recapture tax -- The amount of tax recaptured under this section is due and payable on the day
the person's annual return is due for the taxable year, in which this section applies,
under § 11-13A-1 et seq. of this code. When the employer is a partnership, limited liability company or an S corporation
for federal income tax purposes, the recapture tax shall be paid by those persons
who are partners in the partnership, members in the company, or shareholders in the
S corporation, in the taxable year in which recapture tax is imposed under this section.
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