reglab/statecodes huggingface dataset:
Alaska Administrative Code › Title 15 - Revenue › Chapter 56 - Oil and Gas Exploration, Production and Pipeline Transportation Property Tax › 15 AAC 56.050 - Credit and refund

Current through May 31, 2024
(a) In accordance
			 with (b) and (c) of this section, a credit against, or refund of, the tax
			 levied by the state under
			 AS
			 43.56.010(a) will be allowed
			 in an amount equal to the total current property taxes collected by all
			 municipalities as authorized by
			 AS
			 29.45.080. The credit or refund will be
			 applied against the total state tax levied under
			 AS
			 43.56.010(a) for each
			 taxpayer. The credit or refund will only be allowed for taxes paid for the
			 current tax year. No carry-back or carry-forward of the credit or refund will
			 be allowed to any other tax year.
(b) Credit for current property taxes paid to
			 municipalities on or before June 30 may be claimed by the taxpayer against the
			 tax levied by the state under
			 AS
			 43.56.010(a) at the time the
			 taxpayer pays that tax to the state, but only if the taxpayer remits copies of
			 receipts or other evidence of payment with the claim. In the event that
			 receipts are not received from municipalities in time to be included with the
			 claim for credit filed with the state, the taxpayer may include copies of
			 municipal tax bills, a copy of his transmittal letter to the municipality, and
			 an affidavit of timely mailing of his payment to the municipality as evidence
			 of payment. The taxpayer shall provide receipts for the municipal taxes paid,
			 within 60 days of filing the claim, as final evidence of payment. Credit
			 against the tax levied by the state under
			 AS
			 43.56.010(a) will not, at
			 the time that tax is paid to the state, be allowed for current property taxes
			 to be paid to municipalities after June 30.
(c) A refund of tax levied by the state under
			 AS
			 43.56.010(a) may be
			 requested by the taxpayer for current property taxes either (1) paid to
			 municipalities after June 30 or (2) paid to municipalities on or before June 30
			 but for which receipts or other evidence of payment was not available in time
			 to be remitted as required in (b) of this section for a claim for credit. No
			 refund will exceed the total amount paid by the taxpayer for state tax levied
			 under AS
			 43.56.010(a).
(d) The provisions of this section apply to
			 the January 1, 1976, assessment roll and any rolls supplemental to
			 it.
An emergency amendment of 15 AAC 05.840 took effect 6/2/76,
				  Register 58. (15 AAC 56.050 appeared as 15 AAC
				  05.840 before the January 1, 1981 reorganization of 15 AAC.) The regulations
				  attorney made technical corrections to the wording of the section. The
				  technical corrections appeared in the regulation published in Register 60. The
				  section's history note does not reflect the corrections made in Register 60 by
				  the regulations attorney. The subject matter of
				  AS
				  29.45.080 was formerly located at AS
				  29.53.045.
Authority:
AS
				  29.45.080
AS 43.05.080
AS 43.56.010
AS 43.56.135
AS 43.56.150
AS
				  43.56.200
Alaska Administrative Code › Title 15 - Revenue › Chapter 56 - Oil and Gas Exploration, Production and Pipeline Transportation Property Tax › 15 AAC 56.065 - Payment of tax

Current through May 31, 2024
(a) The tax levied under
			 AS
			 43.56.010(a) is payable to
			 the department no later than June 30 of the tax year regardless of whether the
			 taxable property is included on the assessment roll for the current tax year or
			 on a supplementary or amended assessment roll. No extension of time will be
			 granted for the payment of tax.
(b)
			 If the tax is not paid as required in (a) of this section for property included
			 on the assessment roll for the current tax year, or if the tax is not paid by
			 the 30th day after a demand for payment of a supplementary or amended
			 assessment, the 10 percent penalty provided in
			 AS
			 43.56.160 will be applied to the net amount
			 of the tax remaining unpaid after deduction of the credit for municipal tax
			 payments under
			 AS
			 43.56.010(d).
(c) Interest will be added on all taxes paid
			 after June 30 of the tax year.
(d)
			 Payment under this section must be made as required in
			 15 AAC 05.310.
Authority:
AS
				  43.05.080
AS 43.05.150
AS 43.05.250
AS 43.56.160
AS
				  43.56.200
Alaska Administrative Code › Title 15 - Revenue › Chapter 56 - Oil and Gas Exploration, Production and Pipeline Transportation Property Tax › 15 AAC 56.066 - Refund claims for overpayment of taxes

Current through May 31, 2024
(a) If a property
			 owner believes that the owner has paid more taxes than the amount due under
			 AS
			 43.56.010(a), the property
			 owner may file a claim for refund with the department. In order to be
			 considered, a claim for refund must be filed within the period provided in
			 AS
			 43.05.275. The claim for refund must be
			 signed by the owner and must state
(1) a
			 brief description of the affected property and its physical location as of
			 January 1 of the tax year or years affected;
(2) the name and address of each owner of the
			 property;
(3) the name of each
			 municipality in which the property was located as of January 1 of the tax year
			 or years affected; and
(4) a brief
			 description of the information that supports the claim.
Alaska Administrative Code › Title 15 - Revenue › Chapter 56 - Oil and Gas Exploration, Production and Pipeline Transportation Property Tax › 15 AAC 56.068 - Limitation periods

Current through May 31, 2024
(a) Subject to the limitations period
			 provided in
			 AS
			 43.05.260, the department may assess the
			 amount of tax imposed under this chapter, and may investigate an account and
			 supplement or amend an assessment under this chapter, at any time.
(b) The department may collect taxes,
			 penalties, and interest under this chapter within the limitations periods
			 provided in
			 AS
			 43.05.270.
(c) The department may refund the amount of
			 an overpayment under this chapter as provided in
			 AS
			 43.05.275 and
			 AS
			 43.10.210.
Authority:
AS
				  43.05.080
AS 43.05.260
AS 43.05.270
AS 43.05.275
AS 43.10.210
AS 43.56.060
AS 43.56.080
AS 43.56.140
AS
				  43.56.200
Alaska Administrative Code › Title 15 - Revenue › Chapter 56 - Oil and Gas Exploration, Production and Pipeline Transportation Property Tax › 15 AAC 56.069 - Filing

Current through May 31, 2024
(a) A property statement, appeal, notice, or
			 other document that is required or permitted to be filed with the department or
			 the board under this chapter is considered to be filed as follows:
(1) if it is delivered in person, by United
			 States mail, or by facsimile transmission, it is filed at the time and date it
			 is received and date-stamped by the department or board, as applicable;
			 and
(2) if it is delivered by
			 electronic mail, it is filed at the time and date the department or board, as
			 applicable, confirms to the sender by electronic mail that it has been
			 received.
Alaska Administrative Code › Title 15 - Revenue › Chapter 56 - Oil and Gas Exploration, Production and Pipeline Transportation Property Tax › 15 AAC 56.070 - Average per capita assessed full and true value of property in the state

Current through May 31, 2024
(a) On or before
			 January 15 of each year, the department will determine and report the average
			 per capita assessed full and true value of property in the state to each
			 municipality that imposes a tax under
			 AS
			 29.45.080. The department will base its
			 determination on the average per capita assessed full and true value of
			 property in the state for the previous calendar year as determined by the
			 Department of Commerce, Community, and Economic Development.
(b) When a municipality uses the method of
			 taxation provided under
			 AS
			 29.45.080(c) and the total
			 assessed value of property within the municipality, per capita, exceeds the
			 percentage determined in
			 AS
			 29.45.080(f) of the average
			 per capita assessed full and true value of property in the state, the
			 municipality shall reduce the value of all state assessed AS 43.56 oil and gas
			 property and all locally assessed property within the municipality in equal
			 proportion.
(c) The limitation on
			 taxation of property established by
			 AS
			 29.45.080(c) applies to
			 taxes levied for a municipality's operating budget. The limitation does not
			 apply to taxes levied for repayment of the municipality's bonded
			 debt.
(d) A municipality shall
			 apply an equal proportionate reduction of the value of all state assessed AS
			 43.56 oil and gas property within the municipality and all locally assessed
			 property within the municipality by determining the maximum effective tax rate
			 allowed under
			 AS
			 29.45.080(c) limitation and
			 then levying a millage rate that is no greater than the calculated maximum
			 effective tax rate on all taxable property within the municipality. The maximum
			 effective rate is calculated using the following formula:
((Statewide average per capita full value) X (the percentage
				determined in
				AS
				29.45.080(f) X (Population
				of the municipality) X (30 mills) + (Budget of the municipality for debt
				service)) / ((Total value of state assessed AS 43.56 property within the
				municipality) + (Total value of locally assessed property within the
				municipality)) = Maximum Effective Tax Rate.
As of Register 171 (October 2004), the regulations attorney
				  made technical revisions under
				  AS
				  44.62.125(b)(6) to reflect
				  the name change of the Department of Community and Economic Development to the
				  Department of Commerce, Community, and Economic Development made by ch. 47, SLA
				  2004 and the corresponding title change of the commissioner of community and
				  economic development.
Authority:
AS
				  29.45.080
AS 29.45.090
AS 43.05.080
AS 43.56.010
AS
				  43.56.200
Alaska Administrative Code › Title 15 - Revenue › Chapter 56 - Oil and Gas Exploration, Production and Pipeline Transportation Property Tax › 15 AAC 56.075 - Taxable property

Current through May 31, 2024
(a) For purposes of AS 43.56 and this
			 chapter, property is
(1) "used primarily" for
			 a purpose described in
			 AS
			 43.56.210(5)(A) if that
			 property is actually used for one or more of those purposes more than 50
			 percent of the property's total operational time during the preceding tax year;
			 and
(2) subject to (b) of this
			 section, "committed by contract or other agreement for use primarily" for a
			 purpose described in
			 AS
			 43.56.210(5)(A) if that
			 property is committed by contract, specification, or other expressed intention
			 of the property owner to one or more of those purposes, regardless of whether
			 the property was actually used in the preceding tax year.
Alaska Administrative Code › Title 15 - Revenue › Chapter 56 - Oil and Gas Exploration, Production and Pipeline Transportation Property Tax › 15 AAC 56.090 - Exploration property

Current through May 31, 2024
(a) Property used or committed by agreement
			 for use in the exploration for gas or unrefined oil, or in the operation or
			 maintenance of facilities used in the exploration for gas or unrefined oil will
			 be valued on a market value concept which is the estimated price the property
			 would bring in an open market and under the then prevailing market conditions
			 in a sale between a willing seller and a willing buyer both conversant with the
			 property and with prevailing general price levels. Market data including recent
			 sales in the area of like property will be used where there is reliable
			 information available. In the absence of sufficient reliable market data other
			 accepted appraisal techniques will be applied.
(b) Exploration property includes but is not
			 limited to land, buildings, facilities, machinery, appliances, supplies,
			 equipment, and materials used in the operation or maintenance of seismograph
			 and geophysical activities, well service activities, drilling activities and
			 other exploration activities.
Authority:
AS
				  43.05.080
AS
				  43.56.060
Alaska Administrative Code › Title 15 - Revenue › Chapter 56 - Oil and Gas Exploration, Production and Pipeline Transportation Property Tax › 15 AAC 56.120 - Intangible drilling expenses

Current through May 31, 2024
(a) In valuing
			 property upon the basis of actual cost or replacement cost, the department will
			 exclude the value of intangible drilling expenses.
(b) For purposes of AS 43.56 and this
			 chapter, "intangible drilling expenses" means the intangible drilling expenses
			 defined under 26 U.S.C.
			 263(c) (Internal Revenue
			 Code) in effect on January 1, 1974, and includes only expenditures for items
			 that do not have a salvage value even if those items are used in connection
			 with the construction or installation of physical property that has a salvage
			 value. "Intangible drilling expenses" includes expenditures made by an
			 operator, or under contract to an operator, for labor, fuel, repairs, hauling,
			 and supplies incident and necessary to
(1)
			 drilling wells;
(2) clearing
			 ground, draining, road making, surveying, and geological works necessary to
			 drilling wells; and
(3)
			 construction of derricks, tanks, pipelines, and other physical structures
			 necessary to drilling wells.
Alaska Administrative Code › Title 15 - Revenue › Chapter 56 - Oil and Gas Exploration, Production and Pipeline Transportation Property Tax › 15 AAC 56.130 - Preservation of municipal powers

Current through May 31, 2024
The fact that the assessment of pipeline facilities by the
				department includes costs accrued in the construction of that pipeline does not
				mean that the department is assessing and taxing construction equipment and
				machinery as such. The powers of municipalities under AS 29.53 to assess and
				tax property are preserved.
Authority:
AS
				  43.05.080
AS 43.56.010
AS
				  43.56.210
Alaska Administrative Code › Title 15 - Revenue › Chapter 56 - Oil and Gas Exploration, Production and Pipeline Transportation Property Tax › 15 AAC 56.900 - Definitions

Current through May 31, 2024
In this chapter,
(1)
			 "board" means the State Assessment Review Board established by
			 AS
			 43.56.040;
(2) "department" means the Department of
			 Revenue;
(3) "director" means the
			 director of the tax division of the department and an authorized representative
			 or agent of the director;
(4)
			 "error" means a mistake, due to any reason, that may affect the amount of tax
			 levied or collected under AS 43.56,
(A)
			 including a mistake by the department in assessing or collecting property tax
			 resulting from
(i) a mistake in reporting or
			 entering information, whether caused by the property owner or the
			 department;
(ii) an incorrect
			 description or designation of the property, its use, or its location, whether
			 caused by the property owner or the department;
(iii) the department applying a
			 classification or valuation schedule to the property that was incorrect under,
			 or inconsistent with, the department's usual practice and policy at the time of
			 the original assessment;
Alaska Administrative Code › Title 15 - Revenue › Chapter 60 - Excise Tax on Alcoholic Beverages › Article 1 - Administration › 15 AAC 60.010 - Filing requirements

Current through May 31, 2024
(a) Every brewer,
				distiller, bottler, jobber, wholesaler, manufacturer, or other seller or
				consignor of alcoholic beverages in the state shall file a monthly return to
				the department showing all sales or consignments of alcoholic beverages in or
				into the state made during the preceding month. The return and any tax
				remittance under
				AS
				43.60.010 must be received by the department
				before the end of the month following the month the alcoholic beverage was sold
				or consigned.
(b) Repealed
				7/8/2020.
(c) Each return must be
				accompanied by an inventory report on a form provided by the department,
				showing the quantities of alcoholic beverages
(1) on hand at the first of the
				month;
(2) received at the
				warehouse during the month;
(3)
				shipped from the warehouse during the month;
(4) lost due to breakage during the month;
				and
(5) on hand at the end of the
				month.
Alaska Administrative Code › Title 15 - Revenue › Chapter 60 - Excise Tax on Alcoholic Beverages › Article 1 - Administration › 15 AAC 60.020 - Direct shipper

Current through May 31, 2024
A direct shipper required to pay the alcoholic beverage tax
				  in AS
				  43.60.010 is
(1) a holder of the manufacturer direct
				shipment license issued by the Alcoholic Beverage Control Board under
				AS
				04.09.370(a);
(2) an out-of-state distributor with a
				physical presence in the state or that has a licensed bonded warehouse in the
				state; or
(3) an out-of-state
				direct distributor that sells and ships alcohol directly into the state for
				resale.
Authority:
AS
					 43.05.080
AS 43.60.010
Alaska Administrative Code › Title 15 - Revenue › Chapter 60 - Excise Tax on Alcoholic Beverages › Article 2 - Warehouses › 15 AAC 60.050 - Licensed warehouses

Current through May 31, 2024
(a) In
				AS
				43.60.011 and 15 AAC 60, "licensed warehouse"
				means an alcoholic beverage warehouse that is
(1) bonded for the amount of tax that will be
				due the state on its contents once they are removed; and
(2) licensed by the department under 15 AAC
				60.
Alaska Administrative Code › Title 15 - Revenue › Chapter 60 - Excise Tax on Alcoholic Beverages › Article 2 - Warehouses › 15 AAC 60.060 - Application for warehouse license

Current through May 31, 2024
(a) The owner or
				operator of a warehouse may apply for a license to operate a licensed warehouse
				at any time. However, all warehouse licenses expire on June 30 of each
				year.
(b) Repealed
				7/8/2020.
(c) If an operator of a
				warehouse is not the owner of the warehouse, the owner and operator shall apply
				jointly for a license to establish the warehouse as a licensed
				warehouse.
(d) An application for
				issuance or renewal of a warehouse license must be on a form provided by the
				department and must include the following information:
(1) location and address of the
				warehouse;
(2) a complete list of
				personnel who may authorize immediate inspection and inventory of the alcoholic
				beverages stored in the licensed warehouse by department representatives;
				or
(3) a list of the names and
				business addresses of the owners of alcoholic beverages which are stored or
				expected to be stored in the licensed warehouse during the license
				period.
Alaska Administrative Code › Title 15 - Revenue › Chapter 60 - Excise Tax on Alcoholic Beverages › Article 2 - Warehouses › 15 AAC 60.070 - Conditions of warehouse license

Current through May 31, 2024
(a) A warehouse
				licensee must
(1) agree to pay all taxes
				imposed by AS 43.60 on alcoholic beverages removed from the licensed warehouse
				which are not collected, for any reason, from the owners of the alcoholic
				beverages;
(2) post a bond that
				guarantees payment of the alcoholic beverage excise taxes on the alcoholic
				beverages to be stored in the licensed warehouse in compliance with
				15 AAC 60.080; and
(3) file the reports and returns required by
				15 AAC 60.010.
Alaska Administrative Code › Title 15 - Revenue › Chapter 60 - Excise Tax on Alcoholic Beverages › Article 2 - Warehouses › 15 AAC 60.080 - Warehouse bonds

Current through May 31, 2024
(a) An applicant
				for a warehouse license shall post a bond in an amount sufficient to guarantee
				payment of the alcoholic beverage excise tax on the alcoholic beverages to be
				stored in the licensed warehouse, as defined in (c) of this section. The bond
				may be in the form of a surety bond and made payable to the department, cash
				deposited with the department, or a letter of credit from a bank.
(b) Repealed 7/8/2020.
(c) The alcoholic beverage excise tax on the
				alcoholic beverages to be stored in the licensed warehouse is the amount of tax
				that would be payable on the anticipated maximum quantity of inventory to be
				held in the warehouse at any time during the license period. The anticipated
				maximum quantity of inventory must be determined subject to the approval of the
				department, on the basis of past experience and any reasonably expected changes
				in the market during the license period.
Authority:
AS
					 43.05.080
AS
					 43.60.011
AS
					 43.60.040
Alaska Administrative Code › Title 15 - Revenue › Chapter 60 - Excise Tax on Alcoholic Beverages › Article 2 - Warehouses › 15 AAC 60.090 - Revocation of warehouse license

Current through May 31, 2024
(a) If the
				department intends to revoke a license to operate a licensed warehouse issued
				under 15 AAC 60, the department will give the licensee 30 days' notice of the
				intended revocation. If the basis for revocation still exists on the 30th day,
				the department will notify the licensee of immediate revocation, unless an
				appeal under (d) of this section has been timely filed by the licensee. Upon
				revocation of the license, the tax on the quantity of alcoholic beverages which
				is stored in the warehouse is due and payable as provided in
				15 AAC 60.100.
(b) The basis for revocation of a warehouse
				license may include any of the following circumstances:
(1) notice of bond cancellation is received
				by the department;
(2) the amount
				of alcoholic beverage excise tax on the inventory in the warehouse exceeds the
				bond amount by more than 10 percent;
(3) a discrepancy exists between the
				licensee's records or returns to be filed with the department and the physical
				inventory in a licensed warehouse which is not accounted for on a timely
				basis;
(4) the licensee fails to
				pay any alcoholic beverage excise taxes which are not collected, for any
				reason, from the owners of those alcoholic beverages;
(5) Repealed 7/8/2020.
(6) the license holder fails to meet any of
				the conditions specified or required by AS 43.60, 15 AAC 60 or by the license
				itself.
Alaska Administrative Code › Title 15 - Revenue › Chapter 60 - Excise Tax on Alcoholic Beverages › Article 2 - Warehouses › 15 AAC 60.100 - Taxes due when warehouse license expired or revoked

Current through May 31, 2024
An alcoholic beverage is considered removed from a licensed
				  warehouse on the last day the licensee held a valid current license. An
				  alcoholic beverage is subject to the alcoholic beverage excise tax for the
				  month in which that date falls. The return and tax remittance will be due by
				  the last day of the month following the month during which the license was
				  revoked.
Authority:
AS
					 43.05.080
AS 43.60.010
AS
					 43.60.011
Alaska Administrative Code › Title 15 - Revenue › Chapter 60 - Excise Tax on Alcoholic Beverages › Article 3 - General Provisions › 15 AAC 60.300 - Quantity definition

Current through May 31, 2024
In this chapter, "quantity" means the total liquid content
				  expressed in U.S. gallons. All volume and quantity figures in returns and
				  reports required by AS 43.60 and 15 AAC 60 must be expressed in U.S. gallons,
				  not in pallets, cases, bottles, cans, or metric units unless expressly
				  authorized by the form provided by the department. For purposes of conversion,
				  one U.S. gallon equals 3.785 liters.
Authority:
AS
					 43.05.010
AS 43.05.080
AS 43.60.010
AS 43.60.011
AS 43.60.020
AS
					 43.60.040
Alaska Administrative Code › Title 15 - Revenue › Chapter 60 - Excise Tax on Alcoholic Beverages › Article 3 - General Provisions › 15 AAC 60.310 - General definitions

Current through May 31, 2024
In this chapter,
(1)
				"department" means the Department of Revenue;
(2) "licensee" means a person who has been
				authorized by the department, under 15 AAC 60, to operate a licensed
				warehouse;
(3) "alcoholic beverage"
				means all beverages described in
				AS
				43.60.010(a);
(4) Repealed 7/8/2020.
(5) malt beverages" means beverages that are
				brewed or produced from malt, wholly or in part, or from a substitute for malt,
				containing at least one percent of alcohol by volume. Malt beverages include
				beer, sake, kombucha, hard seltzers, and other similar products.
(6)cider" means a fruit wine containing at
				least one-half of one percent of alcohol by volume, but not more than seven
				percent alcohol by volume, that is derived wholly from apples or pears, except
				for sugar, water, or added alcohol, and lacks vinous taste, aroma, and
				characteristics.
(7) beer" has the
				meaning given in
				26
				U.S.C. 5052(a).
(8) substitute for malt" means rice, grain of
				any kind, glucose, sugar, and molasses but does not include fruit, fruit juice,
				fruit concentrate, herbs, spices, or other food materials.
Authority:
AS
					 43.05.010
AS
					 43.05.080
AS
					 43.60.010
AS
					 43.60.011
AS
					 43.60.020
AS
					 43.60.040
Alaska Administrative Code › Title 15 - Revenue › Chapter 61 - Marijuana Tax › Article 1 - Administration › 15 AAC 61.010 - Returns

Current through May 31, 2024
(a) Each marijuana cultivation facility shall
				file a monthly tax return and report the total amount of marijuana sold or
				transferred in ounces, with fractional ounces calculated to the third decimal
				place, for the preceding month.
(b)
				The return must be filed electronically over the Internet, using tax
				preparation software that has been provided or preapproved by the department.
				If electronic filing is impractical or impossible for the taxpayer, the
				taxpayer must receive department approval to file a return on a paper form
				prescribed by the department.
(c) A
				separate return must be filed for each location if a taxpayer is operating in
				several locations within the state.
Authority:
AS
					 43.05.080
AS 43.61.010
AS
					 43.61.020
Alaska Administrative Code › Title 15 - Revenue › Chapter 61 - Marijuana Tax › Article 1 - Administration › 15 AAC 61.020 - License revocation and suspension

Current through May 31, 2024
The department will inform the Marijuana Control Board of
				  failure to pay tax due or file a return as required under
				  AS
				  43.61.010 and
				  43.61.020 to initiate license
				  suspension or revocation proceedings by filing an accusation as provided under
				  3 AAC 306.820.
Authority:
AS
					 43.05.080
AS
					 43.61.030
Alaska Administrative Code › Title 15 - Revenue › Chapter 61 - Marijuana Tax › Article 2 - Taxation › 15 AAC 61.100 - Marijuana tax

Current through May 31, 2024
(a) All non-exempt
				marijuana sold or transferred from a marijuana cultivation facility will be
				taxed as follows:
(1) mature bud will be
				taxed at $50 an ounce;
(2) immature
				bud will be taxed at $25 an ounce;
(3) abnormal bud will be taxed at $25 an
				ounce;
(4) the remainder of the
				plant will be taxed at $15 an ounce; and
(5) clones will be taxed at $1 per
				plant.
Alaska Administrative Code › Title 15 - Revenue › Chapter 61 - Marijuana Tax › Article 2 - Taxation › 15 AAC 61.110 - Exemptions

Current through May 31, 2024
Transfers to a licensed marijuana testing facility are exempt
				  from the excise tax on marijuana under AS 43.61 and this
				  chapter.
Authority:
AS
					 43.05.080
AS 43.61.010
Alaska Administrative Code › Title 15 - Revenue › Chapter 61 - Marijuana Tax › Article 2 - Taxation › 15 AAC 61.120 - Credits and refunds

Current through May 31, 2024
A marijuana cultivation facility may claim a credit for tax
				  paid for marijuana that is returned to the marijuana cultivation facility. The
				  credit must be claimed for the month in which the marijuana was returned. The
				  marijuana cultivation facility must provide proof acceptable to the department
				  that the tax had been previously paid and was refunded to the
				  purchaser.
Authority:
AS
					 43.05.080
AS 43.61.010
AS
					 43.61.020
Alaska Administrative Code › Title 15 - Revenue › Chapter 61 - Marijuana Tax › Article 3 - General Provisions › 15 AAC 61.900 - Record keeping

Current through May 31, 2024
(a) A marijuana
				cultivation facility shall keep records to support the information required on
				the monthly tax returns including sales and transfers. The records must include
				an accounting for inventories of live plants, trimmings, and dried product on
				the first and last day of the month.
(b) An invoice, sales receipt, or other
				record of the sale or transfer of marijuana products from a marijuana
				cultivation facility must separately state the amount of tax due after the sale
				or transfer.
Authority:
AS
					 43.05.080
AS
					 43.61.020
Alaska Administrative Code › Title 15 - Revenue › Chapter 61 - Marijuana Tax › Article 3 - General Provisions › 15 AAC 61.990 - Definitions

Current through May 31, 2024
In AS 43.61 and this chapter,
(1) repealed 1/1/2019;
(2) "department" means the Department of
				Revenue;
(3) "marijuana" has the
				meaning given in
				AS
				17.38.900;
(4) "marijuana cultivation facility"
(A) has the meaning given in
				AS
				17.38.900;
(B) includes
(i) a standard marijuana cultivation facility
				as licensed under
				3 AAC 306.400; and
(ii) a limited marijuana cultivation facility
				as licensed under
				3 AAC 306.400;
Alaska Administrative Code › Title 15 - Revenue › Chapter 65 - Mining License Tax › Article 1 - Licensing and Filing Requirements › 15 AAC 65.010 - When license is required

Current through May 31, 2024
(a) Except as
				provided in (b) of this section, a person engaged in one or more of the
				following activities in the state is in the business of mining and shall obtain
				a mining license:
(1) a person owning and
				operating a mining property;
(2) a
				person owning a mining property and receiving lease or royalty payments based
				on production from the property;
(3) a person leasing a mining property from
				another person and operating the property;
(4) a person possessing a mineral interest,
				whether an economic or a production interest, in a producing property,
				including royalty, working or operating interests, net profits, overriding
				royalties, carried interests, and production payments;
(5) a person who is temporarily exempt from
				taxation under
				AS
				43.65.010(a).
Alaska Administrative Code › Title 15 - Revenue › Chapter 65 - Mining License Tax › Article 1 - Licensing and Filing Requirements › 15 AAC 65.020 - Mining license application and renewal

Current through May 31, 2024
(a) A person
				required to obtain a license by
				AS
				43.65.010 and
				15 AAC 65.010 shall file an application for a license on a
				form provided by the department. The following information must be provided:
(1) applicant's name;
(2) mailing address;
(3) federal employer identification number
				(EIN) or social security number (SSN);
(4) year for which the license is
				requested;
(5) location of
				operation, i.e., creek, property, recording district;
(6) the date on which production first
				began;
(7) the name and address of
				the owner of the property, if the property is being leased by the
				applicant;
(8) the serial number of
				the lease or sale, if applicable, as assigned by the Department of Natural
				Resources;
(9) the nature or type
				of mining activity to be conducted; and
(10) other information required by the
				department.
Alaska Administrative Code › Title 15 - Revenue › Chapter 65 - Mining License Tax › Article 1 - Licensing and Filing Requirements › 15 AAC 65.030 - Returns

Current through May 31, 2024
(a) Except as provided in (c) of this
				section, each license holder, including a license holder temporarily exempt
				from taxation under
				AS
				43.65.010(a), shall file a
				mining license return on a form provided by the department. A person receiving
				gross income from more than one licensed mining property shall report that
				income on a single return.
(b) For
				each person required to file a return, the mining license tax year is the same
				as that person's tax year for federal income tax purposes. The mining license
				return must be filed before the first day of the fifth month following the end
				of the applicable tax period.
(c)
				Each joint venture member which was elected not to be treated as a partnership
				for purposes of sec. 761 of the Internal Revenue Code
				26 U.S.C.
				761 may include its share of joint venture
				income and expenses on its separate mining license return.
Authority:
AS
					 43.05.080
AS
					 43.65.020
Alaska Administrative Code › Title 15 - Revenue › Chapter 65 - Mining License Tax › Article 1 - Licensing and Filing Requirements › 15 AAC 65.040 - Extensions

Current through May 31, 2024
(a) Upon application, the department will, in
				its discretion, grant an extension of time to file a mining license
				return.
(b) An application for an
				extension of time for filing a return must be filed with the department no
				later than the date the return is due.
(c) An extension of time for filing the
				return does not extend the time for payment of the total amount of tax
				due.
Authority:
AS
					 43.05.080
AS
					 43.65.020
Alaska Administrative Code › Title 15 - Revenue › Chapter 65 - Mining License Tax › Article 2 - Computation of Tax › 15 AAC 65.100 - Taxable income

Current through May 31, 2024
For the purpose of computing the mining license tax due,
				  taxable income is gross income as defined by
				  15 AAC 65.110 less deductible
				  mining expenses as defined by
				  15 AAC 65.120 and
				  15 AAC 65.125.
Authority:
AS
					 43.05.080
AS 43.65.010
AS
					 43.65.060
Alaska Administrative Code › Title 15 - Revenue › Chapter 65 - Mining License Tax › Article 2 - Computation of Tax › 15 AAC 65.110 - Gross income

Current through May 31, 2024
(a) A person's gross income from a mining
				property in the state equals the sum of
(1)
				sale price or value actually received, including cash, credits, in-kind
				exchanges, and other valuable consideration for the mined materials;
(2) advance royalty payments received;
				however, advance payments may not be included in gross income until the tax
				year in which the mined material to which the payments relate is actually
				extracted;
(3) production payments
				retained in a lease; and
(4) other
				royalty payments received from mining properties in the state, including
				royalty payments received in kind; if the payment is in kind, gross income
				includes the fair market value of the mined material on the date that payment
				is received.
Alaska Administrative Code › Title 15 - Revenue › Chapter 65 - Mining License Tax › Article 2 - Computation of Tax › 15 AAC 65.120 - Deductible mining expenses; inventory costs

Current through May 31, 2024
(a) Except for a
				person permitted to compute federal net income using the cash basis method, a
				person shall inventory the costs of production in the state and deduct those
				costs at the time of sale, the time of export, or the time when the value of
				the mineral product is included in gross income for the purpose of calculating
				the mining license tax.
(b) In
				order to reflect mining net income accurately, both direct and indirect mining
				expenses must be included in the computation of costs to be inventoried, in a
				manner consistent with the person's federal income tax records, if the records
				are kept in a method consistent with generally accepted accounting principles
				and are consistent from year to year. Mining costs must be allocated to the
				product extracted during the tax year, whether sold during the tax year or in
				inventory at the close of the taxable year. Costs that must be accounted for in
				inventory include:
(1) direct mining expenses
				that are costs incident and necessary to the extraction of mined materials and
				ordinary treatment processes, including
(A)
				direct labor costs that are specifically identified or associated with
				particular units of mined materials;
(B) mine costs incurred in severing and
				extracting the materials from the mine, pit, or ground;
(C) maintenance and repair of mining
				equipment and facilities directly associated with the mine operation and
				ordinary treatment processes;
(D)
				supplies used in the mining operation and ordinary treatment
				processes;
(E) payments made to
				holders of economic interests in the mining property, including royalties,
				production payments and net profits;
(F) depreciation on mining equipment,
				buildings, and other facilities engaged directly in extraction and ordinary
				treatment processes, computed in accordance with
				15 AAC 65.125(f);
(G) depletion as calculated in accordance
				with 15 AAC 65.125(d) and (e);
(H) costs associated with transporting the
				mined materials through completion of ordinary treatment processes, except
				transportation costs to transport the resource out of the state.
Alaska Administrative Code › Title 15 - Revenue › Chapter 65 - Mining License Tax › Article 2 - Computation of Tax › 15 AAC 65.125 - Deductible mining expenses; other expenses; depletion

Current through May 31, 2024
(a) Other expenses that cannot be inventoried
				are deductible when paid or accrued. These expenses must be allocated in
				accordance with (b) of this section, and include:
(1) except as provided in (2) and (3) of this
				subsection, interest expense paid or accrued in connection with the mining
				operation is deductible as a current operating expense;
(2) construction period interest expense,
				including all interest paid or accrued in connection with depreciable property
				to be used in the mining operation in the state, is to be capitalized and
				recovered through depreciation or amortization in accordance with the person's
				election for federal income tax purposes;
(3) interest expense paid or accrued by a
				consolidated business in connection with the mining operation in the state is
				deductible as follows:
(A) 100 percent of the
				interest on specific new borrowings made with the purpose, expressed at the
				time of the borrowing, of financing the mining operation in the state; specific
				new borrowings may not exceed the amount of accumulated expenditures made for
				fixed capital and working capital to finance the mining operation in the
				state;
(B) if no specific new
				borrowing is made to finance the mining operation in the state, the interest
				deduction may not exceed a portion of the total interest paid or accrued by the
				consolidated business; that portion is determined by multiplying the total
				interest by a fraction, the numerator of which is the cost of the taxpayer's
				real and tangible personal property in the state and the denominator of which
				is the cost of all real and tangible personal property of the business; in this
				subparagraph, "total interest paid or accrued by the consolidated business"
				does not include interest expense arising from intercompany obligations within
				the consolidated business except to the extent that the interest expense
				reflects a pass-through of interest on a third-party borrowing by the parent or
				other member of the consolidated business;
(4) advertising expenses;
(5) Alaska corporate net income
				tax;
(6) salaries paid to officers
				and others for the performance of services that are incident and necessary to
				the person's business activities as a whole rather than to extraction and
				ordinary treatment processes;
(7)
				other expenses that are incident and necessary to the person's business
				activities as a whole rather than to extraction and ordinary treatment
				processes.
Alaska Administrative Code › Title 15 - Revenue › Chapter 65 - Mining License Tax › Article 2 - Computation of Tax › 15 AAC 65.130 - Tax rate

Current through May 31, 2024
The following rates are applicable to the taxable income of a
				  person subject to the mining license tax:
TAXABLE INCOME TAX RATE $40,000 and under . . . . . no tax
				  Over $40,000 and not over $50,000 . . . . . 3 percent of theentire taxable
				  income Over $50,000 and not over $100,000 . . . . . $1,500 plus 5 percent of
				  the excess over $50,000Over $100,000 . . . . . $4,000 plus 7 percent of the
				  excess over $100,000.
Authority:
AS
					 43.05.080
AS
					 43.65.010
Alaska Administrative Code › Title 15 - Revenue › Chapter 65 - Mining License Tax › Article 3 - Exemption from Tax › 15 AAC 65.200 - Temporary exemption for new mining operation

Current through May 31, 2024
(a) As
				provided in
				AS
				43.65.010(a), a new mining
				operation is exempt from the tax under AS 43.65 for three and one-half years
				after production begins. The department may suspend passage of the exemption
				period if mine production ceases for other than seasonal or ordinary
				shutdowns.
(b) As provided in
				AS
				43.65.010(b) and
				15 AAC 65.210, the Department of
				Natural Resources will notify the department of the date on which production
				begins for each new mining operation. If the department determines that an
				operation qualifies as a new mining operation, the department will issue a
				certificate of exemption in accordance with
				15 AAC 65.220.
(c) The department will consider the
				following factors in determining whether a person's operation is a new mining
				operation eligible for the three and one-half year exemption:
(1) whether the person or a prior owner or
				operator of the property was liable to pay the mining license tax on net income
				from the property after January 1, 1948;
(2) the location of the operation in relation
				to other properties being operated by the person;
(3) the geological structure of the ore body
				in relation to other ore bodies the person mines;
(4) the mining techniques and technology
				used; and
(5) the extent to which
				the person is required to invest new capital, employ different personnel and
				use additional facilities to exploit the resource.
Alaska Administrative Code › Title 15 - Revenue › Chapter 65 - Mining License Tax › Article 3 - Exemption from Tax › 15 AAC 65.210 - Affidavit of initial production

Current through May 31, 2024
(a) In order to be
				granted a certificate of exemption by the department, the owner or operator of
				a new mining operation shall record, in the recording district in which the
				operation is located, a sworn affidavit of initial production showing the
				location of the new mining operation, the commodities produced, the names of
				the operators, and the new mining operation's date of initial production. The
				affidavit must be recorded on a form provided by the Department of Natural
				Resources, or on a substantially similar form, and must be recorded within 90
				days after the date of initial production. Failure to record the affidavit
				timely may result in forfeiture of any right to the three and one-half year
				exemption from the mining license tax.
(b) For the purpose of determining the date
				of initial production, the Department of Natural Resources may examine the
				mining property and books, papers, records, and other documents relevant or
				material to initial production.
(c)
				Upon determination that production has begun on a new mining property, the
				Department of Natural Resources shall notify the department of:
(1) the date of initial production;
(2) the name of the person operating the
				mining property;
(3) the type of
				metal, mineral, or other resource being extracted from the mining property;
				and
(4) a legal description, lease
				number or other identifying name or characteristic of the property.
Alaska Administrative Code › Title 15 - Revenue › Chapter 65 - Mining License Tax › Article 3 - Exemption from Tax › 15 AAC 65.220 - Certificate of exemption

Current through May 31, 2024
(a) Upon receipt of
				notification of initial production from the Department of Natural Resources,
				the department will issue a certificate of exemption to a new mining operation,
				unless it determines, as provided by
				15 AAC 65.200, that the operation
				does not qualify for the exemption.
(b) A certificate of exemption will be issued
				for a single mining operation. A certificate issued for a single mining
				operation will not exempt a person from tax on income received from other
				mining operations.
(c) A
				certificate of exemption issued for a mining operation temporarily exempts from
				the mining tax all persons receiving income from the property. For example,
				both the operator of a mining property and a royalty recipient are exempt from
				mining tax for the three and one-half year period.
(d) If the department determines that it will
				not issue a certificate of exemption, it will inform the applicant of its
				decision and the reason for making that decision. An applicant who disagrees
				with the decision may appeal that decision in accordance with
				AS
				43.05.240 and
				15 AAC 05.001 -
				15 AAC 05.050.
Authority:
AS
					 43.05.080
AS 43.65.010
AS
					 43.65.020
Alaska Administrative Code › Title 15 - Revenue › Chapter 65 - Mining License Tax › Article 3 - Exemption from Tax › 15 AAC 65.230 - Composition of a mining operation

Current through May 31, 2024
(a) A mining
				operation consists of all operating and non-operating mineral deposit interests
				and may be comprised of one or more mining properties.
(b) In determining whether mining properties
				are part of the same mining operation, the department will consider whether the
				operation, in conducting mining activities on several mining properties, uses
				common personnel, supply and maintenance facilities, mining-related treatment
				processes, storage facilities, roads, pipelines and transportation equipment,
				and mining techniques and technology. The department will also consider the
				extent to which the mineral deposit interests comprise a common mining
				property.
Authority:
AS
					 43.05.080
AS
					 43.65.010
Alaska Administrative Code › Title 15 - Revenue › Chapter 65 - Mining License Tax › Article 3 - Exemption from Tax › 15 AAC 65.240 - Transition rules

Current through May 31, 2024
(a) The calendar or fiscal year tax period
				during which the exemption period described in
				15 AAC 65.200 expires is the
				transition year.
(b) Mining net
				income subject to tax in a transition year is to be computed by an allocation
				formula. To determine taxable income, the entire taxable income in the
				transition year is multiplied by a fraction, the numerator of which is the
				number of days in the transition year falling outside the exemption period, and
				the denominator of which is the total number of days in the transition
				year.
(c) A mining operation that
				commenced production within three and one-half years before April 1, 1986 has
				120 days after August 9, 1986 to record the affidavit required by
				15 AAC 65.210. If a certificate of
				exemption is granted, the exemption period begins on the date of initial
				production.
Authority:
AS
					 43.05.080
AS 43.65.010
AS
					 43.65.020