HB 439 — Relating to the Growing Alabama Credit; to add Section 40-18-417.8 to the Code of Alabama 1975; to provide that the credit from a parent or holding company may be claimed by the subsidiary in certain circumstances; and to provide retroactive effect.
Last action — Enacted as 2023-313
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced May 04, 2023. Enacted.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.
Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (1 R).
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Cleared a recorded vote
Passed 3 recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Summary
Relating to Growing Alabama Credit
Bill Text
What changed in the latest version
56 added · 41 removedPlain-language change summary
The updated version of HB 439 allows a subsidiary to claim a tax credit that was originally issued to its parent or holding company, as long as they file as part of the same Alabama consolidated tax return. This change provides clarity and flexibility for business structures where the parent company supports a subsidiary's contributions to economic development, ensuring that tax benefits can be fully utilized. This amendment also makes the new rule retroactive to 2021, which could benefit many businesses by retroactively applying the credit to previous tax years.
HB439 INTRODUCEDENROLLED NBN7JJ-1NBN7JJ-3 By Representative Faulkner RFD:
04-May-23 2023 Regular Session Page 0 NBN7JJ-1HB439 05/04/2023Enrolled PMGEnrolled, (L)tgwAn 2023-1958Act, 23 4Relating SYNOPSIS:to the Growing Alabama Credit;
Under existing law, the Growing Alabama Act provides a tax credit to eligible taxpayers who make contributions to Economic Development Organizations for approved qualifying projects.
This bill allows an allocation from a parent or a holding company to a subsidiary, both filing part of an Alabama consolidated return, provided the donation is ultimately paid by the subsidiary.
A BILL TO BE ENTITLED AN ACT Relating to the Growing Alabama Credit;
to provide forthat the allocation of the credit from a parent or holding company tomay abe subsidiaryclaimed providedby the donationsubsidiary isin ultimatelycertain paidcircumstances; by the subsidiary.
and to provide retroactive effect.
§40-18-417.8 (a) Notwithstanding the provisions of subsection (f) of PageSection 140-18-417.4, HB439for INTRODUCEDtax Sectionyears 40-18-417.4,beginning anon allocationor fromafter January 1, 2021, the credit issued to a parent or holding company tomay abe subsidiary,claimed bothby filingthe assubsidiary, partprovided ofboth anparent Alabamaor consolidatedholding return,company providedand thesubsidiary donationare isfiling ultimatelyas paidpart byof thean subsidiary,Alabama isconsolidated allowed.return.
Page 21 HB439 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 16-May-23, as amended.
John Treadwell Clerk Senate 25-May-23 Passed Page 2
Amendments
2 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Enrolled
Sponsors
- David Faulkner · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 139 not signed on
Sponsors (1)
Co-sponsors (0)
None.
Not signed on (139)
139 members have not signed on to this bill.
Show all 139 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| R | 22 | 0 | 0 | 3 |
| D | 6 | 0 | 0 | 2 |
| Unaffiliated | 1 | 0 | 0 | 0 |
| Total | 29 | 0 | 0 | 5 |
| % of votes cast | 85% | 0% | 0% | 15% |
How each member voted (34)
| Member | Party | Vote |
|---|---|---|
| Greg J. Reed | — | Yea |
| Bobby D. Singleton | D | Not Voting |
| Kirk Hatcher | D | Yea |
| Linda Coleman-Madison | D | Yea |
| Merika Coleman | D | Yea |
| Robert Stewart | D | Yea |
| Rodger M. Smitherman | D | Yea |
| Vivian Davis Figures | D | Yea |
| William M. Beasley | D | Not Voting |
| Andrew Jones | R | Yea |
| April Weaver | R | Not Voting |
| Arthur Orr | R | Yea |
| Chris Elliott | R | Yea |
| Clyde Chambliss | R | Yea |
| Dan Roberts | R | Yea |
| David Sessions | R | Yea |
| Donnie Chesteen | R | Yea |
| Garlan Gudger | R | Yea |
| Gerald H. Allen | R | Yea |
| Greg Albritton | R | Not Voting |
| J. T. 'Jabo' Waggoner | R | Yea |
| Jack W. Williams | R | Yea |
| Jay Hovey | R | Yea |
| Josh Carnley | R | Yea |
| Keith Kelley | R | Not Voting |
| Lance Bell | R | Yea |
| Larry Stutts | R | Yea |
| Randy Price | R | Yea |
| Sam Givhan | R | Yea |
| Shay Shelnutt | R | Yea |
| Steve Livingston | R | Yea |
| Tim Melson | R | Yea |
| Tom Butler | R | Yea |
| Will Barfoot | R | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 1 |
| R | 70 | 0 | 0 | 1 |
| D | 24 | 0 | 0 | 2 |
| Total | 98 | 0 | 0 | 4 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (102)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 4 | 0 | 0 | 1 |
| R | 70 | 0 | 0 | 1 |
| D | 26 | 0 | 0 | 0 |
| Total | 100 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (102)
Subjects
Frequently asked questions
- What does HB 439 do?
- Relating to Growing Alabama Credit
- Who sponsors HB 439?
- HB 439 is sponsored by David Faulkner (R).
- What is the current status of HB 439?
- This bill has been enacted into law. Introduced May 04, 2023. Enacted.
- Where can I track HB 439?
- Track HB 439 free on One Click Politics — get push/email alerts when it moves.
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