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10A-10-1.24
Section 10A-10-1.24 Treatment of distribution. Distributions made from ordinary income
by a real estate investment trust are income. All other distributions made by the trust, including
distributions from capital gains, depreciation, or depletion, whether in the form of cash
or an option to take new stock or cash or an option to purchase additional shares, are principal.
(Acts 1995, No. 95-628, p. 1317, §24; §10-13-24; amended and renumbered by Act 2009-513,
p. 967, §310.)...
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26-2A-152
Section 26-2A-152 Powers of conservator in administration. (a) Subject to limitation
provided in Section 26-2A-154, a conservator shall have all of the powers conferred
in this section and any additional powers now or hereafter conferred by law on trustees
in this state. In addition, a conservator of the estate of an unmarried minor as to whom no
one has parental rights, has the powers of a guardian of a minor described in Section
26-2A-78 until the minor attains the age of 19 years, or the disabilities of nonage have been
removed, but the parental rights so conferred on a conservator do not preclude appointment
of a guardian as provided in Division 1 of this article. (b) A conservator without court authorization
or confirmation may invest and reinvest funds of the estate as would a trustee. (c) A conservator,
acting as a fiduciary in efforts to accomplish the purpose of the appointment, may act without
court authorization or confirmation, to (1) Collect, hold, and retain assets of the...
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19-3B-816
Section 19-3B-816 Specific powers of trustee. (a) Without limiting the authority conferred
by Section 19-3B-815, a trustee may: (1) collect trust property and accept or reject
additions to the trust property from a settlor or any other person, including, but not being
limited to, the authority to receive, collect, hold, and retain common or preferred stock
or other interests in the trustee or any related party; (2) acquire or sell property, for
cash or on credit, at public or private sale; (3) exchange, partition, or otherwise change
the character of trust property; (4) deposit trust money in an account in a regulated financial-service
institution; (5) borrow money, with or without security, and mortgage or pledge trust property
for a period within or extending beyond the duration of the trust; (6) with respect to an
interest in a proprietorship, partnership, limited liability company, business trust, corporation,
or other form of business or enterprise, continue the business or other...
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40-18-8
Section 40-18-8 Gain or loss - Recognition. (a) General rule. Except as provided in
this section, upon the sale or exchange of property, the entire amount of the gain
or loss determined under Section 40-18-7 shall be recognized. (b) Exchange of stock
for stock of same corporation. No gain or loss shall be recognized if common stock in a corporation
is exchanged solely for common stock in the same corporation, or if preferred stock in a corporation
is exchanged solely for preferred stock in the same corporation. (c) Like-kind exchanges.
If an exchange of property satisfies the requirements of 26 U.S.C. § 1031, relating to like-kind
exchanges, then the amount of gain or loss recognized in the exchange shall be determined
in accordance with 26 U.S.C. § 1031. (d) Involuntary conversions. If a taxpayer validly elects
to determine the amount of gain recognized for federal income tax purposes under 26 U.S.C.
§ 1033, relating to involuntary conversions, the amount of gain recognized shall...
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19-3A-401
Section 19-3A-401 Character of receipts. (a) For purposes of this section, "entity"
means a corporation, partnership, limited liability company, regulated investment company,
real estate investment trust, common trust fund, or any other organization in which a fiduciary
has an interest other than (1) a trust or decedent's estate to which Section 19-3A-402
applies, (2) a business or activity to which Section 19-3A-403 applies, or (3) an asset-backed
security to which Section 19-3A-415 applies. (b) Except as otherwise provided in this
section, a fiduciary shall allocate to income money received from an entity. (c) A
fiduciary shall allocate the following receipts from an entity to principal: (1) Property
other than money except in cases when the fiduciary has the choice to receive dividends or
similar payments either in cash or in the shares or similar ownership interests of the corporation
or other business entity, in which case, the fiduciary shall allocate the receipts to income;
(2)...
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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...
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40-14B-1
Section 40-14B-1 Definitions. As used in this chapter, the following terms shall have
the following meanings: (1) AFFILIATE. An affiliate of another person shall include any of
the following: a. A person who directly or indirectly either: 1. Beneficially owns 15 percent
or more of the outstanding voting securities or other voting ownership interests of the other
person, whether through rights, options, convertible interests, or otherwise; or 2. Controls
or holds power to vote 15 percent or more of the outstanding voting securities or other voting
ownership interests of the other person. b. A person owning 15 percent or more of the outstanding
voting securities or other voting ownership interests of which are directly or indirectly
either: 1. Beneficially owned by the other person, whether through rights, options, convertible
interests, or otherwise; or 2. Controlled or held with power to vote by the other person.
c. A partnership or limited liability company in which the other person...
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36-26-14
Section 36-26-14 Deferred compensation plans for certain employees. (a) The personnel
board may adopt, establish, and maintain a deferred compensation plan or plans, except under
Internal Revenue Code Section 403 (b), for the employees of the State of Alabama or
any city, town, county, or public entity or corporation organized pursuant to the laws of
this state. Notwithstanding the foregoing, prior to the employees of a county or political
subdivision of the county participating in a plan, the employing county or political subdivision
of the county shall approve participation in the plan. The personnel board may include in
any such plan any provision that does not cause the plan to fail to qualify for its tax-favored
treatment under the United States Internal Revenue Code, including, but not limited to, participant
loans, unforeseeable emergency or hardship distributions, Roth deferrals, rollovers, transfers
to purchase service credit, and distributions to purchase a retired public...
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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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40-18-1
Section 40-18-1 Definitions. For the purpose of this chapter, the following terms shall
have the respective meanings ascribed by this section: (1) ADVANCED FOSSIL-BASED GENERATION.
The production of electricity from fossil-based generation with the use of technology or efficiency
improvements to control or reduce carbon emissions, including but not limited to, technologies
described in 26 U.S.C. § 48A(f), as such provision existed on December 31, 2007. (2) ALTERNATIVE
ENERGY RESOURCES. Coal gasification or liquefaction, nuclear, and advanced fossil-based generation.
(3) BIOMASS. Animals and plants, and the waste, by-products, or derivatives of either, including,
but not limited to, the materials described in 26 U.S.C. §§ 45(c)(2), 45(c)(3), 45K(c)(3),
or 48B(c)(4). (4) BUSINESS TRUST. Any entity which is a business trust for federal income
tax purposes. (5) CAPTIVE REIT. Any REIT whose shares or certificates of beneficial interest
are not regularly traded on an established...
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