§ 26-51-1005 — Credit granted - Water impoundments

(a) There shall be allowed a credit against the tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., to an approved applicant that constructs and installs or restores water impoundments or water control structures of twenty (20) acre-feet or more designed for the purpose of storing water to be used primarily for agricultural, commercial, or industrial purposes. (b) (1) The tax credit allowed to each approved applicant shall not exceed the lesser of fifty percent (50%) of the project cost incurred or one hundred twenty thousand dollars ($120,000). (2) (A) The amount of tax credit allowed to each approved applicant per project that may be used for a taxable year shall not exceed the lesser of: (i) The amount of individual or corporate income tax otherwise due; or (ii) Eighteen thousand dollars ($18,000). (B) If the approved applicant is a pass-through entity such as a partnership, a limited liability company taxed as a partnership, a Subchapter S corporation, or a fiduciary, the amount of tax credit that may be used for a taxable year shall not exceed the lesser of: (i) The aggregate amount of individual or corporate income tax otherwise due by all members of the pass-through entity; or (ii) Eighteen thousand dollars ($18,000). (3) Any unused credit may be carried over for a maximum of fifteen (15) consecutive taxable years following the taxable year in which the credit originated.

Legislative History

Amended by Act 2021, No. 875,§ 1, eff. for tax years beginning on or after January 1, 2021. Amended by Act 2017, No. 1125,§ 1, eff. for tax years beginning on and after 1/1/2017. Acts 1995, No. 341, § 6; 2001, No. 727, § 2; 2011, No. 631, § 3.