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19-3D-7
Section 19-3D-7 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018
REGULAR SESSION, EFFECTIVE JANUARY 1, 2019. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. NOTICE;
EXERCISE OF DECANTING POWER. (a) In this section, a notice period begins on the day
notice is given under subsection (c) and ends 59 days after the day notice is given. (b) Except
as otherwise provided in this chapter, an authorized fiduciary may exercise the decanting
power without the consent of any person and without court approval. (c) Except as otherwise
provided in subsection (f), an authorized fiduciary shall not exercise the decanting power
prior to 60 days after giving record notice of the intended exercise of the decanting power
to: (1) each settlor of the first trust, if living or then in existence; (2) each qualified
beneficiary of the first trust; (3) each holder of a presently exercisable power of appointment
over any part or all of the first trust; (4) each person that currently has the right to...
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27-5B-7
Section 27-5B-7 Reinsurer maintaining a trust fund. (a) Credit shall be allowed when
the reinsurance is ceded to an assuming insurer that maintains a trust fund in a qualified
U.S. financial institution, as defined in subsection (b) of Section 27-5B-15, for the
payment of the valid claims of its U.S. ceding insurers, their assigns and successors in interest.
To enable the commissioner to determine the sufficiency of the trust fund, the assuming insurer
shall report annually to the commissioner information substantially the same as that required
to be reported on the NAIC Annual Statement form by licensed insurers. The assuming insurer
shall submit to examination of its books and records by the commissioner and bear the expense
of examination. (b)(1) Credit for reinsurance shall not be granted under this section
unless the form of the trust and any amendments to the trust have been approved by either:
a. The commissioner of the state where the trust is domiciled. b. The commissioner of...
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40-10-4
Section 40-10-4 Notice to taxpayer - Service generally. (a) On receiving such book,
as speedily as practicable the judge of probate shall issue a notice addressed to each person
against whom any unpaid taxes are assessed as shown by such book, substantially in the following
form: "State of Alabama, (give name of county) county, to (give name of taxpayer): The
tax collector has filed in my office a list of delinquent taxpayers, and of real estate upon
which taxes are due. You are reported as delinquent, and your tax amounts to (here give amount
of taxes) with costs added. This is to notify you to appear before the probate court of said
county at the next term thereof, commencing on Monday, the _____ day of _____, 2__, then and
there to show cause, if any you have, why a decree for the sale of property assessed for taxation
as belonging to you should not be made for the payment of the taxes thereon and fees and costs.
(Here probate judge's signature). Judge of probate." Such notice must...
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40-2A-7
Section 40-2A-7 Uniform revenue procedures. (a) Maintenance of records; audit and subpoena
authority; authority to issue regulations. (1) In addition to all other recordkeeping requirements
otherwise set out in this title, taxpayers shall keep and maintain an accurate and complete
set of records, books, and other information sufficient to allow the department to determine
the correct amount of value or correct amount of any tax, license, permit, or fee administered
by the department, or other records or information as may be necessary for the proper administration
of any matters under the jurisdiction of the department. The books, records, and other information
shall be open and available for inspection by the department upon request at a reasonable
time and location. (2) The department may examine and audit the records, books, or other relevant
information maintained by any taxpayer or other person for the purpose of computing and determining
the correct amount of value or correct...
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40-29-73
Section 40-29-73 Failure to collect and pay over tax, or attempt to evade or defeat
tax. (a) General rule. Any person required to collect, truthfully account for, and/or pay
over any tax imposed by Sections 40-17-2, 40-17-220, 40-18-71, 40-21-82, 40-23-2, 40-23-61,
40-26-1 and any other local sales, use, and gross receipts taxes collected by the state Department
of Revenue who willfully fails to collect such tax, or truthfully account for, and/or pay
over such tax, or willfully attempts in any manner to evade or defeat any such tax or the
payment thereof, shall, in addition to other penalties provided by law, be liable for a penalty
up to the total amount of the tax evaded, or not collected, or not accounted for and paid
over. (b) Extension of period of collection where bond is filed. (1) IN GENERAL. If, within
30 days after the day on which notice and demand of any penalty under subsection (a) is made
against any person, such person: a. Pays an amount which is not less than the...
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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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45-37-241.20
Section 45-37-241.20 Appeals from decisions of the Board of Equalization. (a) For the
purpose of convenience and brevity this act shall be known and referred to as the Expeditious
and Economical Tax Appeals Act. (b) This section shall apply only in Jefferson County.
This section is alternative to and cumulative to Section 40-3-25; but when a
taxpayer elects to take an appeal under this section from a decision or ruling of the
board of equalization fixing the market value of the real property, Section 40-3-25
shall not be applicable to such appeal but in the event the taxpayer pays his or her taxes
before a final decree in the case and is entitled to a refund then that portion of the section
providing for a refund to the taxpayer shall be applicable or in the event of an increase
the increase shall be payable as provided in the sections. (c) An appeal may be taken under
this section from a decision of the board of equalization fixing the market value of
real property, to the circuit...
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19-3A-409
Section 19-3A-409 Deferred compensation, annuities, and similar payments. (a) In this
section: (1) "Payment" means a payment that a fiduciary may receive over
a fixed number of years or during the life of one or more individuals because of services
rendered or property transferred to the payer in exchange for future payments. The term includes
a payment made in money or property from the payer's general assets or from a separate fund
created by the payer. For purposes of subsections (d), (e), (f), and (g), the term also includes
any payment from any separate fund, regardless of the reason for the payment. (2) "Separate
fund" includes a private or commercial annuity, an individual retirement account, and
a pension, profit-sharing, stock-bonus, or stock-ownership plan. (b) To the extent that a
payment or portion thereof is characterized by other sections of this chapter as income in
the hands of the payer, a fiduciary shall allocate such payment or portion thereof to income.
The...
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11-81-141
Section 11-81-141 Powers of municipalities or counties generally; provisions in instruments
or deeds of trust creating pledges, mortgages, liens, etc., for payment of bonds; determination
of costs of acquisition, construction, etc., of undertakings. (a) In addition to the powers
which it may now have, any municipality or county shall have power under this division: (1)
To acquire by gift or purchase, to construct, to reconstruct, to improve, to better or to
extend any undertaking within or without the municipality or county or partially within or
partially without the municipality or county; (2) To operate and maintain any undertaking
for its own use and for the use of public and private consumers and users within and without
the territorial boundaries of the municipality or county; (3) To lease any undertaking or
portion thereof to any agency or department of the State of Alabama for a period or periods
not exceeding 40 years from the completion of the construction of the work, if...
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40-29-91
Section 40-29-91 Jeopardy assessment - Other taxes. (a) If the commissioner or his delegate
finds that a taxpayer designs quickly to depart from the State of Alabama or to remove his
property therein, or to do any other act tending to prejudice or to render wholly or partly
ineffectual proceedings to collect any tax imposed by this title other than income tax, the
commissioner or his delegate may issue notice of such finding to the taxpayer by personal
service or mailing to his/her last known address, together with a demand for immediate payment
of the tax declared to be in jeopardy, including penalties and additions thereto and such
tax, penalty, interest, and additions thereto shall be immediately due and payable. A final
assessment of such tax may be entered immediately and if the assessment is not paid upon such
demand of the commissioner or his delegate, the commissioner or his delegate may forthwith
issue a warrant for levy and distraint of any personal property of the taxpayer...
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