27 | | - | "An Act relating to the fisheries product development tax credit; and providing for an 1 |
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28 | | - | effective date." 2 |
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29 | | - | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 3 |
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30 | | - | * Section 1. AS 43.05.230(m) is amended to read: 4 |
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31 | | - | (m) The number of recipients and the total amount of tax credits claimed for 5 |
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32 | | - | each species [TYPE] of eligible fish under AS 43.75.037 is public information. In this |
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33 | | - | 6 |
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34 | | - | subsection, "eligible fish" has the meaning given in AS 43.75.037(k). 7 |
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35 | | - | * Sec. 2. AS 43.75.037(i) is amended to read: 8 |
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36 | | - | (i) The department shall develop and implement procedures by which a 9 |
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37 | | - | taxpayer that is a fisheries business may submit the taxpayer's proposed investment to 10 |
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38 | | - | the department and request a preliminary determination of whether the investment 11 |
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39 | | - | qualifies for the fisheries product development tax credit under this section. A 12 |
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40 | | - | preliminary determination by the department that the taxpayer's submission qualifies 13 |
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41 | | - | for the credit is binding, unless the department determines that the taxpayer has made 14 34-LS0735\N |
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42 | | - | CSSB 130(RES) -2- SB0130B |
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| 28 | + | "An Act relating to the fisheries product development tax credit; providing for an 1 |
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| 29 | + | effective date by amending the effective date of sec. 2, ch. 31, SLA 2022; and providing 2 |
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| 30 | + | for an effective date." 3 |
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| 31 | + | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 4 |
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| 32 | + | * Section 1. AS 43.75.037(b) is amended to read: 5 |
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| 33 | + | (b) The amount of the tax credit applied against taxes under this section may 6 |
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| 34 | + | not 7 |
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| 35 | + | (1) exceed 50 percent of the taxpayer's tax liability incurred under this 8 |
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| 36 | + | chapter for processing of eligible fish during the tax year; or 9 |
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| 37 | + | (2) be claimed for property first placed into service after December 31, 10 |
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| 38 | + | 2029 [2026]. |
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| 39 | + | 11 |
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| 40 | + | * Sec. 2. AS 43.75.037(i) is amended to read: 12 |
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| 41 | + | (i) The department shall develop and implement procedures by which a 13 |
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| 42 | + | taxpayer that is a fisheries business may submit the taxpayer's proposed investment to 14 34-LS0735\A |
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| 43 | + | SB 130 -2- SB0130A |
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45 | | - | a material misrepresentation in the taxpayer's submission. The department shall 1 |
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46 | | - | make a preliminary determination as to whether a taxpayer's proposed 2 |
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47 | | - | investment qualifies for a credit within 60 days after the department receives a 3 |
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48 | | - | taxpayer's proposed investment submitted under this subsection. 4 |
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49 | | - | * Sec. 3. AS 43.75.037(j) is amended to read: 5 |
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50 | | - | (j) To claim a credit under this section, a taxpayer shall agree that the 6 |
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51 | | - | department may make public the number of recipients and the total amount of tax 7 |
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52 | | - | credits claimed for each species [TYPE] of eligible fish. Notwithstanding any contrary 8 |
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53 | | - | provision in AS 40.25.100 or AS 43.05.230, the number of recipients and the total 9 |
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54 | | - | amount of tax credits claimed for each species [TYPE] of eligible fish is public 10 |
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55 | | - | information. 11 |
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56 | | - | * Sec. 4. AS 43.75.037(k)(1) is amended to read: 12 |
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57 | | - | (1) "eligible fish" means, except as otherwise provided in (c) of this 13 |
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58 | | - | section, any species of fish or shellfish [SALMON, HERRING, POLLOCK, 14 |
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59 | | - | SABLEFISH, OR PACIFIC COD]; 15 |
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60 | | - | * Sec. 5. AS 43.75.037(k)(4) is amended to read: 16 |
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61 | | - | (4) "qualified investment" means the investment cost to purchase or 17 |
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62 | | - | convert depreciable tangible personal property with a useful life of three years or more 18 |
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63 | | - | that will [TO] be used predominantly to increase the quality and value of eligible 19 |
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64 | | - | fish or used predominantly to perform an ice-making, processing, packaging, or 20 |
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65 | | - | product-finishing function that is a significant component in producing a value-added 21 |
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66 | | - | eligible fish product, including canned salmon products in can sizes other than 14.75 22 |
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67 | | - | ounces or 7.5 ounces; in this paragraph, "property" 23 |
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68 | | - | (A) includes 24 |
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69 | | - | (i) equipment used to fillet, skin, portion, mince, form, 25 |
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70 | | - | extrude, stuff, inject, mix, marinate, preserve, dry, smoke, brine, 26 |
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71 | | - | package, freeze, scale, grind, separate meat from bone, or remove pin 27 |
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72 | | - | bones; 28 |
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73 | | - | (ii) new parts necessary for, or costs associated with, 29 |
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74 | | - | converting a canned salmon line to produce can sizes other than 14.75 30 |
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75 | | - | ounces or 7.5 ounces; 31 34-LS0735\N |
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76 | | - | SB0130B -3- CSSB 130(RES) |
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| 46 | + | the department and request a preliminary determination of whether the investment 1 |
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| 47 | + | qualifies for the fisheries product development tax credit under this section. A 2 |
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| 48 | + | preliminary determination by the department that the taxpayer's submission qualifies 3 |
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| 49 | + | for the credit is binding, unless the department determines that the taxpayer has made 4 |
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| 50 | + | a material misrepresentation in the taxpayer's submission. The department shall 5 |
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| 51 | + | make a preliminary determination as to whether a taxpayer's proposed 6 |
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| 52 | + | investment qualifies for a credit within 60 days after the department receives a 7 |
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| 53 | + | taxpayer's proposed investment submitted under this subsection. 8 |
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| 54 | + | * Sec. 3. AS 43.75.037(k)(1) is amended to read: 9 |
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| 55 | + | (1) "eligible fish" means, except as otherwise provided in (c) of this 10 |
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| 56 | + | section, any species of fish or shellfish [SALMON, HERRING, POLLOCK, 11 |
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| 57 | + | SABLEFISH, OR PACIFIC COD]; 12 |
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| 58 | + | * Sec. 4. AS 43.75.037(k)(4) is amended to read: 13 |
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| 59 | + | (4) "qualified investment" means the investment cost to purchase or 14 |
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| 60 | + | convert depreciable tangible personal property with a useful life of three years or more 15 |
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| 61 | + | that will [TO] be used predominantly to increase the quality and value of eligible 16 |
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| 62 | + | fish or used predominantly to perform an ice-making, processing, packaging, or 17 |
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| 63 | + | product-finishing function that is a significant component in producing a value-added 18 |
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| 64 | + | eligible fish product, including canned salmon products in can sizes other than 14.75 19 |
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| 65 | + | ounces or 7.5 ounces; in this paragraph, "property" 20 |
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| 66 | + | (A) includes 21 |
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| 67 | + | (i) equipment used to fillet, skin, portion, mince, form, 22 |
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| 68 | + | extrude, stuff, inject, mix, marinate, preserve, dry, smoke, brine, 23 |
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| 69 | + | package, freeze, scale, grind, separate meat from bone, or remove pin 24 |
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| 70 | + | bones; 25 |
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| 71 | + | (ii) new parts necessary for, or costs associated with, 26 |
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| 72 | + | converting a canned salmon line to produce can sizes other than 14.75 27 |
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| 73 | + | ounces or 7.5 ounces; 28 |
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| 74 | + | (iii) conveyors used specifically in the act of producing 29 |
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| 75 | + | a value-added eligible fish product; 30 |
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| 76 | + | (iv) ice-making machines, freezers, and other 31 34-LS0735\A |
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| 77 | + | SB0130A -3- SB 130 |
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79 | | - | (iii) conveyors used specifically in the act of producing 1 |
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80 | | - | a value-added eligible fish product; 2 |
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81 | | - | (iv) ice-making machines, freezers, and other 3 |
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82 | | - | temperature reducing technologies; 4 |
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83 | | - | (v) new canning equipment for herring products; and 5 |
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84 | | - | (vi) equipment used to transform eligible fish byproduct 6 |
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85 | | - | that is discarded as waste into saleable product; 7 |
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86 | | - | (B) does not include 8 |
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87 | | - | (i) vehicles, forklifts, conveyors not used specifically in 9 |
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88 | | - | increasing the quality and value of eligible fish or the act of 10 |
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89 | | - | producing a value-added eligible fish product, cranes, pumps, or other 11 |
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90 | | - | equipment used to transport eligible fish or eligible fish products, 12 |
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91 | | - | knives, gloves, tools, supplies and materials, equipment, other than ice-13 |
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92 | | - | making machines, that is not processing, packaging, or product-14 |
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93 | | - | finishing equipment, or other equipment, the use of which is incidental 15 |
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94 | | - | to increasing the quality and value of eligible fish or the production, 16 |
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95 | | - | packaging, or finishing of value-added eligible fish products; 17 |
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96 | | - | (ii) the overhaul, retooling, or modification of new or 18 |
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97 | | - | existing property, except for new parts necessary for, or costs 19 |
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98 | | - | associated with, converting a canned salmon line to produce can sizes 20 |
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99 | | - | other than 14.75 ounces or 7.5 ounces; or 21 |
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100 | | - | (iii) property used predominantly to produce an eligible 22 |
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101 | | - | fish product that is not taxed under this chapter; 23 |
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102 | | - | * Sec. 6. AS 43.75.037(k) is amended by adding a new paragraph to read: 24 |
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103 | | - | (8) "used predominantly" means used 51 percent or more of the time. 25 |
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| 80 | + | temperature reducing technologies; 1 |
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| 81 | + | (v) new canning equipment for herring products; and 2 |
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| 82 | + | (vi) equipment used to transform eligible fish byproduct 3 |
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| 83 | + | that is discarded as waste into saleable product; 4 |
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| 84 | + | (B) does not include 5 |
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| 85 | + | (i) vehicles, forklifts, conveyors not used specifically in 6 |
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| 86 | + | increasing the quality and value of eligible fish or the act of 7 |
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| 87 | + | producing a value-added eligible fish product, cranes, pumps, or other 8 |
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| 88 | + | equipment used to transport eligible fish or eligible fish products, 9 |
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| 89 | + | knives, gloves, tools, supplies and materials, equipment, other than ice-10 |
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| 90 | + | making machines, that is not processing, packaging, or product-11 |
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| 91 | + | finishing equipment, or other equipment, the use of which is incidental 12 |
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| 92 | + | to increasing the quality and value of eligible fish or the production, 13 |
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| 93 | + | packaging, or finishing of value-added eligible fish products; 14 |
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| 94 | + | (ii) the overhaul, retooling, or modification of new or 15 |
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| 95 | + | existing property, except for new parts necessary for, or costs 16 |
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| 96 | + | associated with, converting a canned salmon line to produce can sizes 17 |
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| 97 | + | other than 14.75 ounces or 7.5 ounces; or 18 |
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| 98 | + | (iii) property used predominantly to produce an eligible fish product that is not 19 |
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| 99 | + | taxed under this chapter; 20 |
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| 100 | + | * Sec. 5. AS 43.75.037(k) is amended by adding a new paragraph to read: 21 |
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| 101 | + | (8) "used predominantly" means used 51 percent or more of the time. 22 |
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| 102 | + | * Sec. 6. Section 6, ch. 31, SLA 2022, is amended to read: 23 |
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| 103 | + | Sec. 6. AS 43.05.230(m); AS 43.75.037, and 43.75.130(h) are repealed 24 |
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| 104 | + | January 1, 2030 [2027]. 25 |
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