Section 43.77.060. Revenue sharing.

   (a) Subject to appropriation by the legislature and except as provided in (b) of this section, the commissioner shall pay to each
        (1) unified municipality and to each city located in the unorganized borough, 50 percent of the amount of tax revenue collected from taxes levied under this chapter on the fishery resource landed in the municipality and accounted for under AS 43.77.050(b);
        (2) city located within a borough, 25 percent of the amount of the tax revenue collected from taxes levied under this chapter on fishery resources landed in the city and accounted for under AS 43.77.050(b); and
        (3) borough
             (A) 50 percent of the amount of the tax revenue collected from taxes levied under this chapter on fishery resources landed in the area of the borough outside cities and accounted for under AS 43.77.050(b); and
             (B) 25 percent of the amount of the tax revenue collected from taxes levied under this chapter on fishery resources landed in cities located within the borough and accounted for under AS 43.77.050(b).
   (b) Notwithstanding the provisions of (a)(2) and (a)(3)(B) of this section, and subject to appropriation by the legislature, the commissioner shall pay to each
        (1) city that is located in a borough incorporated after January 1, 1994, the following percentages of the tax revenue collected from taxes levied under this chapter on fishery resources landed in the city and accounted for under AS 43.77.050(b):
             (A) 45 percent of the tax revenue collected during the calendar year in which the borough is incorporated;
             (B) 40 percent of the tax revenue collected during the first calendar year after the calendar year in which the borough is incorporated;
             (C) 35 percent of the tax revenue collected during the second calendar year after the calendar year in which the borough is incorporated; and
             (D) 30 percent of the tax revenue collected during the third calendar year after the calendar year in which the borough is incorporated; and
        (2) borough that is incorporated after January 1, 1994, the following percentages of the tax revenue collected from taxes levied under this chapter on fishery resources landed in the cities located within the borough and accounted for under AS 43.77.050(b):
             (A) five percent of the tax revenue collected during the calendar year in which the borough is incorporated;
             (B) 10 percent of the tax revenue collected during the first calendar year after the calendar year in which the borough is incorporated;
             (C) 15 percent of the tax revenue collected during the second calendar year after the calendar year in which the borough is incorporated; and
             (D) 20 percent of the tax revenue collected during the third calendar year after the calendar year in which the borough is incorporated.
   (c) Notwithstanding the provisions of (b) of this section, a city may adopt an ordinance to transfer a portion of the funds received under (b)(1) of this section to the borough in which the city is located.
   (d) To the extent that appropriations are available for the purpose, and notwithstanding the requirement of AS 37.07.080(e) that approval of the office of management and budget is required, an amount equal to 50 percent of the tax revenue that is collected under this chapter and is not subject to division with a municipality under (a) - (c) of this section shall be transmitted each fiscal year, without the approval of the office of management and budget, by the department to the Department of Commerce, Community, and Economic Development for disbursal to eligible municipalities under AS 29.60.450.
   (e) [See delayed amendment note]. =ro For purposes of this section, tax revenue collected under AS 43.77.010 from a person entitled to a credit under AS 43.77.045 shall be calculated as if the person's tax had been collected without applying the credits.

Authorities

29.60.450;43.77.015;43.77.050

Notes

Recent Bills that will modify this

HB 251 ELECTRONIC TAX RETURNS & FISHERIES TAXES
HB4001 OMNIBUS TAXES & CREDITS; MINING LICENSES
HB4006 FISHERIES: TAXES; PERMITS
HB5002 OMNIBUS TAXES & CREDITS; MINING LICENSES
SB 39 REPEAL FILM PRODUCTION TAX CREDIT
SB 135 ELECTRONIC TAX RETURNS & FISHERIES TAXES
SB4001 OMNIBUS TAXES & CREDITS; MINING LICENSES
SB5002 OMNIBUS TAXES & CREDITS; MINING LICENSES

Implemented As

15 AAC 77.065

References

2 AAC 45.010
3 AAC 134.050
AS 29.60.450 Fisheries business tax allocation.
AS 43.77.015 Obligations and payments under fishery cooperative contracts.
AS 43.77.050 Separate accounting.

History

(Sec. 1 ch 67 SLA 1993; am Sec. 25 ch 81 SLA 1996; am Sec. 21 ch 51 SLA 2012; am Sec. 3 ch 35 SLA 2015)