(a) Decertification of a certified capital company may cause the recapture of premium tax credits previously claimed and the forfeiture of future premium tax credits to be claimed by certified investors with respect to the company, as follows:
(1) Except as set forth in subdivision (2), decertification of a company on or before the third anniversary of its allocation date causes the recapture of any premium tax credit previously claimed and the forfeiture of any future premium tax credit to be claimed by a certified investor with respect to the company.
(2) For a company that meets the requirements for continued certification under subdivision (1) of subsection (a) of Section 40-14B-6 and subsequently fails to meet the requirements for continued certification under subdivision (2) of subsection (a) of Section 40-14B-6, any premium tax credit that has been or will be taken by a certified investor on or before the third anniversary of the allocation date is not subject to recapture or forfeiture, but any premium tax credit that has been or will be taken by a certified investor after the third anniversary of the allocation date of the company is subject to recapture or forfeiture.
(3) For a company that has met the requirements for continued certification under subdivisions (1) and (2) of subsection (a) of Section 40-14B-6 and is subsequently decertified, any premium tax credit that has been or will be taken by a certified investor on or before the fifth anniversary of the allocation date is not subject to recapture or forfeiture, but any premium tax credit to be taken after the fifth anniversary of the allocation date is subject to forfeiture only if the company is decertified on or before the fifth anniversary of its allocation date.
(4) For a company that has invested an amount cumulatively equal to 100 percent of its certified capital in qualified investments, any premium tax credit claimed or to be claimed by a certified investor is not subject to recapture or forfeiture under this chapter.
(b) The Alabama Development Office shall send written notice to the address of each certified investor whose premium tax credit is subject to recapture or forfeiture, using the address shown on the last premium tax filing.
Structure Code of Alabama
Title 40 - Revenue and Taxation.
Chapter 14B - Certified Capital Company; Premium Tax Credit.
Section 40-14B-1 - Definitions.
Section 40-14B-2 - Administration of Chapter.
Section 40-14B-3 - Application for Certification.
Section 40-14B-4 - Prohibited Activities.
Section 40-14B-5 - Statement Included With Offering.
Section 40-14B-6 - Qualified Investments.
Section 40-14B-7 - Development Office Opinion as to Proposed Investments.
Section 40-14B-8 - Report Upon Receipt of Certified Capital; Annual Report; Financial Statement.
Section 40-14B-9 - Renewal Fee.
Section 40-14B-10 - Qualified Distributions.
Section 40-14B-11 - Annual Review; Decertification.
Section 40-14B-12 - Recapture of Forfeiture of Premium Tax Credits.
Section 40-14B-13 - Indemnification, etc., of Certified Investors.
Section 40-14B-14 - Vested Premium Tax Credit - Generally.
Section 40-14B-15 - Vested Premium Tax Credit - Claim.
Section 40-14B-16 - Vested Premium Tax Credit - Amounts Allowed.
Section 40-14B-17 - Vested Premium Tax Credit - Pro Rata Allocation.
Section 40-14B-18 - Certified Capital as Admitted Asset.
Section 40-14B-19 - Rate Making for Insurance Contract.
Section 40-14B-20 - Transfer or Assignment of Premium Tax Credits.