AS Title 43, Chapter 98: Miscellaneous Provisions

Article 1. Taxation Under P.L. 92-203. Chapter 98. Miscellaneous Provisions. Sec. 43.98.015. Taxation under P.L. 92-203. (a) The receipt of the original issue of shares of stock in a corporation organized under Alaska law pursuant to 43 U.S.C. 1601 et seq. (Alaska Native Claims Settlement Act) by or on behalf of a Native (as defined in the federal Act) is not subject to any form of state or local taxation. (b) The receipt of land or an interest in it under the federal Act or of cash in order to equalize the values of property exchanged under 43 U.S.C. 1621(f) or AS 38.50 is not subject to any form of state or local taxation. The basis for computing gain or loss on subsequent sale or other disposition of this land or interest in land for purposes of a state or local tax imposed on or measured by income is the fair value of the land or interest in land at the time of receipt. (c) A real property interest conveyed under the federal Act, AS 38.50 , or AS 38.95.050 , including land received in an exchange under § 22(f) of the federal Act or AS 38.50 , to a Native individual or corporation incorporated under Alaska law pursuant to the federal Act, which interest is not developed or leased to third parties, is exempt from state and local real property taxes and local assessments until December 18, 1991. However, municipal taxes, local real property taxes, or local assessments may, under the laws of the state, be imposed upon leased or developed real property within the jurisdiction of any governmental unit organized under the laws of the state. Easements, rights-of-way, leaseholds, and similar interests in real property may be taxed in accordance with state or local law. All rents, royalties, profits, and other revenues or proceeds derived from property interests are taxable to the same extent as these revenues or proceeds are taxable when received by a non-native individual or corporation. In § 21(d) of the federal Act, the exemption of real property interests from local real property taxes includes exemption from local assessments and extends to land received in an exchange under § 22(f) of the federal Act or AS 38.50 . (d) Use of the terms “corporate funds” and “dividends”, in § 7(j) and (m) of the federal Act, does not determine whether the money is a dividend, distribution to shareholders, funds which are property, surplus or capital of a regional corporation for the purposes of this title or AS 10.06 or other applicable state law, the provisions of § 8, ch 70, SLA 1972 notwithstanding. Article 2. Tire Fees. Sec. 43.98.025. Tire fees. (a) A fee of $2.50 a tire is imposed on the retail sale of new tires for motor vehicles designed for use on a highway. (b) In addition to the fee imposed under (a) of this section, a fee of $5 a tire is imposed on the retail sale in the state on or after July 1, 2004, of tires for motor vehicles designed for use on a highway that are studded with metal studs or spikes weighing more than 1.1 grams each embedded in the periphery of the tire surface and protruding beyond the tread surface of the tire, or on the installation in the state on or after July 1, 2004, for a fee of metal studs or spikes weighing more than 1.1 grams each on a tire for a motor vehicle designed for use on a highway. (c) A seller shall add the amount of the fees imposed by this section to the total price of the tire or service subject to the fees, and the fees shall be stated separately on any sales receipt, invoice, or other record of the sale or other transfer or of the installation of studs. That portion of the total price of the tire or service consisting of the fees imposed by this section is not subject to a sales tax or a use tax imposed by the state or a subdivision of the state. (d) A seller shall collect the fees from the purchaser. A seller shall file a return on a form prescribed by the department and remit the fees collected to the department not later than the last day of the calendar month following the last day of the calendar quarter of the sale or installation. The department may only, on a form required under this subsection, require a seller to provide information on tires subject to the tax under this section. (e) A seller remitting the fees collected under this section to the department in accordance with (d) of this section may retain five percent of the amount collected, not to exceed $600 a quarter, to cover expenses associated with collecting and remitting the fees. (f) The provisions of AS 43.05 and AS 43.10 apply to this section. (g) The fees imposed in this section do not apply to the following tires and services if the purchaser provides the seller with a certificate of use on a form prescribed by the department: (1) tires or services sold to federal, state, or local government agencies for official use; or (2) tires for resale. (h) In this section, (1) “highway” has the meaning given in AS 28.90.990 ; (2) “motor vehicle” has the meaning given in AS 28.90.990 ; (3) “seller” means a seller of tires or a person who installs studs on motor vehicle tires for a fee. Article 3. Taxation of New Electricity Generation and Storage Facilities. Sec. 43.98.030. Film production tax credit. [Repealed, § 7 ch 35 SLA 2015.] Sec. 43.98.035. No tax on real property transfers. The state may not levy or collect a sales or use tax on the transfer of real property. In this section, “transfer” has the meaning given in AS 34.70.200 . §§ 43.98.040 — 43.98.060. Oil and Gas Competitiveness Review Board; duties; information to be provided to board. Sec. 43.98.100. Taxation of new electricity generation and storage facilities. (a) An electricity generation facility or electricity storage facility that is constructed and placed into service on or after July 1, 2024, is not subject to state and local ad valorem, income, and excise taxes if the electricity generation facility is (1) operated by a public utility or joint action agency established under AS 42.45.310 ; or (2) operated by an entity other than a public utility and provides power only to a public utility. (b) In this section, “public utility” has the meaning given in AS 42.05.990 .