- Alaska Statutes.
- Title 43. Revenue and Taxation
- Chapter 75. Fisheries Business License and Taxes
- Section 35. Salmon Product Development Tax Credit.
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AS 43.75.035. Salmon Product Development Tax Credit.
- (a) A taxpayer that is a fisheries business may claim a salmon product development tax credit of 50 percent of qualified
investment in new property first placed into service in a shore-based plant or on a vessel in the state in the tax
- (b) The amount of the tax credit applied against taxes under this section may not
- (1) exceed 50 percent of the taxpayer's tax liability incurred under this chapter for processing of salmon during the tax
- (2) be claimed for property first placed into service after December 31, 2008.
- (c) If the property for which a tax credit is claimed is installed on a vessel, the amount of qualified investment under
(a) of this section is determined by multiplying the investment cost of the qualified investment property by a
fraction, the numerator of which is the weight of raw salmon processed on the vessel by the taxpayer in the state in
the tax year in which the property is first placed into service, and the denominator of which is the weight of raw
salmon processed on the vessel by the taxpayer in and outside of the state in the tax year in which the property is
first placed into service.
- (d) An unused credit under this section may be carried forward and applied against the tax liability incurred on salmon in
the following three tax years.
- (e) Qualified investment costs upon which a tax credit is claimed under this section may not be considered for another tax
credit in this title. A tax credit applied under this section together with a tax credit applied under AS 43.75.036
may not exceed 50 percent of the taxpayer's tax liability incurred for the processing of salmon during the tax year.
- (f) A taxpayer may not claim the tax credit allowed under this section if the taxpayer is in arrears in the payment of
assessments under AS 16.51.120, contributions under AS
23.20, or taxes or assessments collected or owed under this
title. For purposes of this subsection, a taxpayer is not in arrears if the liability for the assessment, contribution,
or tax is under administrative or judicial appeal.
- (g) If, during a tax year, property for which a credit was claimed under this section is disposed of by the taxpayer,
ceases to be qualified investment property, or is removed from service in the state, the tax due under this chapter is
increased by the recapture percentage of the aggregate decrease in the credit allowed under this section for all prior
tax years that would have resulted solely from reducing to zero the credit allowed for the qualified investment
property under this section. The amount of tax credit attributable to the qualified investment that is carried forward
from prior tax years is terminated as of the first day of the tax year in which the qualified investment property is
disposed of by the taxpayer, ceases to be qualified investment property, or is removed from service in the state. For
purposes of this subsection,
- (1) the recapture percentage during the year in which the property is first placed into service or during the first year
following the year in which the property is first placed into service is 100 percent;
- (2) the recapture percentage during the second year following the year in which the property is first placed into service
is 75 percent;
- (3) the recapture percentage during the third year following the year in which the property is first placed into service
is 50 percent;
- (4) the recapture percentage during the fourth or subsequent year following the year in which the property is first placed
into service is zero percent;
- (5) qualified investment property used on a vessel is considered to have been removed from the state on the first day of a
tax year in which the proportion of raw salmon processed in the state on the vessel is less than 50 percent of total
weight of raw salmon processed on the vessel in and outside of the state.
- (h) The amount of a tax credit recaptured under (g)(1) - (3) of this section may not be included in the determination of
the amount of that tax credit that is allowable under this section or AS 43.75.036
- (i) In this section,
- (1) "first placed into service" means the moment when property is first used for its intended purpose;
- (2) "new property" means property whose original use commences with the taxpayer and does not include property first used
by another person;
- (3) "qualified investment" means the investment cost in depreciable tangible personal property with a useful life of three
years or more to be used predominantly to perform a processing, packaging, or product finishing function that is a significant component
in producing value-added salmon products beyond gutting of the salmon; in this paragraph, "property"
- (A) includes
- (i) filleting, skinning, portioning, mincing, forming, extruding, stuffing, injecting,
mixing, marinating, preserving, drying, smoking, brining, packaging, blast freezing, or pin bone removal equipment; and
- (ii) new parts to convert an existing can seamer to pop-top can production;
- (B) does not include
- (i) vehicles, forklifts, conveyors, cranes, pumps, or other equipment used to transport salmon or salmon
products, knives, gloves, tools, supplies and materials, equipment that is not processing, packaging, or product finishing equipment,
or other equipment the use of which is incidental to the production, packaging, or finishing of value-added salmon products; or
- (ii) the overhaul, retooling, or modification of new or existing property, except for new parts to convert
an existing can seamer to pop-top can production;
- (4) "tax liability" means the liability for all taxes under this chapter before all credits allowed by this chapter;
- (5) "useful life" means the useful life of the property that is or would be applicable for purposes of depreciation.
- (6) "value-added salmon product" means the product of a salmon that is processed beyond heading, gutting, or
separation in a manner that materially enhances the value of the salmon product, such as shelf-stable, retort pouched, smoked, pickled,
or filleted salmon, ikura, leather, or jerky; "value-added salmon product" does not include a salmon or salmon product that
- (A) has been subjected to only one or more of heading, gutting, freezing, packaging, quality assurance practices,
or value retention practices;
- (B) is salmon skeins or other unprocessed salmon products whether fresh or frozen;
- (C) is canned, except for salmon products in a pop-top can; or
- (D) is produced out of the state.
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