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40-18-25.2
Section 40-18-25.2 Estates and trusts - Deductions from gross income of net operating
loss. (a) Nothing in Act 2006-114 shall be construed to change or otherwise affect a taxpayer's
liability relating to a tax year beginning prior to the effective date of Act 2006-114. (b)
Should: (1) any trust which is described in Section 40-18-25(b), or (2) any business
trust, as such term is defined in Section 40-18-1(1), which is classified as a disregarded
entity for federal income tax purposes, be taxed separately from its owner or owners during
tax years prior to the effective date of Act 2006-114, any net operating loss of such trust
existing on December 31, 2004, shall be allowed as a deduction from the gross income, or net
income, of the owner or owners of the trust in a tax year beginning after December 31, 2004.
(c) The deduction allowed in subsection (b) to the owner or owners of the trust shall be in
an amount not to exceed the greater of the following amounts: (1) the amount which is...
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40-20-50
Section 40-20-50 Collection of severance taxes; deposit into fund; distribution of investment
income; trustees; escrow agents; limitations. Any laws or parts of laws to the contrary notwithstanding,
any annual privilege tax levied upon persons engaging in the business of producing or severing
oil or gas or other hydrocarbons from the soil or waters of this state measured by the gross
value of such oil or gas or other hydrocarbons and which tax is applicable only in a particular
county and under which collections were being made on January 1, 1987, or which shall hereafter
be levied pursuant to legislative act, shall be continued and collected only as herein prescribed:
(1) All revenues collected from such local severance taxes shall, beginning the first day
of the month following August 3, 1987, be paid into the general fund of the county exclusively
for transfer and deposit into a trust fund hereby established until the total sum of $15,000,000
in severance tax revenues of the type...
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19-3A-201
Section 19-3A-201 Determination and distribution of net income. After the decedent's
death, in the case of a decedent's estate, or after an income interest in a trust ends, the
following rules apply: (a) If property is specifically given to a beneficiary by will or by
trust, then the fiduciary of the decedent's estate or of the terminating income interest shall
distribute the net income and net principal receipts to the beneficiary who is to receive
the specifically given property, subject to the following rules: (1) The net income and principal
receipts from the specifically given property are determined by including all of the amounts
the fiduciary receives or pays with respect to the specifically given property, whether such
amounts accrued or became due before, on, or after the date of the decedent's death or the
date upon which an income interest in a trust terminates, and by making a reasonable provision
for amounts that the fiduciary believes the decedent's estate or terminating...
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40-14A-1
Section 40-14A-1 Definitions. For purposes of this chapter, the following terms shall
mean: (a) ALABAMA S CORPORATION. An S corporation defined under Section 40-18-160.
(b) C CORPORATION. A corporation other than an Alabama S corporation. (c) CODE. The Internal
Revenue Code of 1986, as amended from time to time. (d) CORPORATION. An entity, including
a limited liability company electing to be taxed as a corporation for federal income tax purposes,
through which business can be conducted while offering limited liability to the owners of
the entity with respect to some or all of the obligations of the entity, other than a limited
liability entity or a disregarded entity. The term "corporation" shall include but
not be limited to the following: Corporations, professional corporations, joint stock companies,
unincorporated professional associations, real estate investment trusts, limited liability
companies electing to be taxed as corporations for federal income tax purposes, and all...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-14A-1.htm - 7K - Match Info - Similar pages
40-18-21
Section 40-18-21 Credits for taxes paid on income from sources outside the state and
for job development fees. (a)(1) For the purpose of ascertaining the income tax due under
the provisions of this chapter by individual residents of Alabama whose gross income, as defined
herein, is derived from sources both within and outside the State of Alabama, there shall
be allowed a credit against the amount of tax found to be due by such resident, on account
of income derived from outside the State of Alabama, the amount of income tax actually paid
by such resident to any state or territory on account of business transacted or property held,
directly or indirectly, outside the State of Alabama. Resident individual owners of Subchapter
K entities, Alabama S corporations, and beneficiaries of estates or trusts who include their
proportionate share of the income arising from one or more of these entities in their Alabama
gross income shall be allowed a credit for their proportionate share of the...
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45-2-245.20
Section 45-2-245.20 Trust fund established; administration. (a) Any laws or parts of
laws to the contrary notwithstanding, any annual privilege tax levied upon persons engaging
in the business of producing or severing oil or gas or other hydrocarbons from the soil or
waters of Baldwin County measured by the gross value of such oil or gas or other hydrocarbons
and which tax is applicable only in Baldwin County and under which collections were being
made on January 1, 1987, shall be continued and collected only as herein prescribed. (1) All
revenues collected from such local severance taxes, shall, beginning the first day of the
month following May 19, 1989, be paid into the general fund of the county exclusively for
transfer and deposit into the trust fund hereby established until the total sum of fifteen
million dollars ($15,000,000) in severance tax revenues of the type described in this section,
excluding any interest income on amounts deposited therein from such total sum, has been...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/45-2-245.20.htm - 6K - Match Info - Similar pages
40-16-1
Section 40-16-1 Definitions. For the purpose of this chapter, the following terms shall
have the respective meanings ascribed to them by this section: (1) FINANCIAL INSTITUTION.
Any person, firm, corporation, and any legal entity whatsoever doing business in this state
as a national banking association, bank, banking association, trust company, industrial or
other loan company or building and loan association, and such term shall likewise include
any other institution or person employing moneyed capital coming into competition with the
business of national banks, and shall apply to such person or institution regardless of what
business form and whether or not incorporated, whether of issue or not, and by whatsoever
authority existing. The common parent corporation of a controlled group of corporations eligible
to elect to file a consolidated excise tax return, in accordance with Section 40-16-3,
shall be considered a financial institution if such parent corporation is a registered bank...
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19-3A-104
Section 19-3A-104 Trustee's power to adjust. (a) If the terms of the trust expressly
provide by specific reference to this section, then a trustee may have the power to
adjust between principal and income to the extent the trustee considers necessary if (1) the
trustee invests and manages trust assets as a prudent investor; (2) the terms of the trust
describe the amount that may or must be distributed to a beneficiary by referring to the trust's
income, and (3) the trustee determines, after applying the rules in Section 19-3A-103(a),
that the trustee is unable to comply with Section 19-3A-103(b). (b) In deciding whether
and to what extent to exercise the power conferred by subsection (a), a trustee shall consider
all factors relevant to the trust and its beneficiaries, including, but not limited to: (1)
The nature, purpose, and expected duration of the trust; (2) The intent of the settlor; (3)
The identity and circumstances of the beneficiaries; (4) The needs for liquidity for the...
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38-9B-5
Section 38-9B-5 AFT Corporation, Trust, and Charitable Trust. THIS SECTION WAS
AMENDED BY ACT 2018-36 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 31, 2018. THIS IS NOT
IN THE CURRENT CODE SUPPLEMENT. (a) The board of trustees shall establish and administer the
AFT Corporation. The board of trustees shall execute all documents necessary to establish
and administer the AFT Corporation including, but not limited to, documents to form a not-for-profit
corporation and to qualify as an organization pursuant to Section 501(c)(3) of the
United States Internal Revenue Code. (b) The AFT Corporation shall establish the AFT Trust
and the AFT Charitable Trust, and the board of trustees shall administer the AFT Trust and
the AFT Charitable Trust through the AFT Corporation. The board of trustees and the AFT Corporation
shall take all steps necessary to satisfy all federal and state laws, and all regulations,
rules, and policies established by the federal Social Security Administration to ensure...
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19-3A-106
Section 19-3A-106 Conversion to unitrust. (a) Unless expressly prohibited by the governing
instrument, a trustee may convert a trust into a unitrust as described in this section
if all of the following apply: (1) The trustee has concluded that the conversion will enable
the trustee to better carry out the intent of the settlor or testator and the purposes of
the trust. (2) The trustee gives written notice of the trustee's intention to convert the
trust into a unitrust, including the trustee's initial decisions as set forth below, to all
the qualified beneficiaries. The written notice shall include the following: a. An explanation
of how the unitrust will operate; b. The effective date of the conversion to a unitrust; c.
The unitrust percentage to be used; d. The provisions for prorating a unitrust distribution
for a short year in which a beneficiary's right to payments commences or ceases; e. Whether
the net fair market value of the trust assets will be determined annually or averaged...
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