40-1-2
Section 40-1-2 Lien for taxes - Generally. (a) If any person liable to pay any tax, other than
ad valorem taxes, neglects or refuses to pay the same the amount, including any interest,
penalty, additional amount, or addition to such tax, together with any costs which may accrue
in addition thereto, shall be a lien in favor of the State of Alabama upon all property and
the rights to property, real or personal, belonging to such person. Unless another date is
specifically fixed by law, the lien shall arise at the time the assessment list, return therefor
or the payment thereof, as the case may be, was due to have been filed with or made to the
Department of Revenue or other agency of the state or county and shall continue until the
liability for such amount is satisfied or becomes unenforceable by reason of the lapse of
time. (b) Such lien shall not be valid against any mortgagee, purchaser in the usual course
of trade, or conventional judgment creditor with an actual money judgment of...
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40-14A-2
Section 40-14A-2 Operating rules. (a) The taxpayer's net worth shall be determined for purposes
of the taxes levied by this chapter in accordance with the accounting principles used in preparing
the taxpayer's financial statements reported to its owners. If the taxpayer's financial statements
are not prepared in accordance with generally accepted accounting principles, then net worth
for such purposes shall be determined either on the same basis as it prepares its federal
income tax return or as required by the appropriate regulatory agencies having jurisdiction.
However, in the case of a taxpayer that is an insurer holding a certificate of authority to
conduct an insurance business within the State of Alabama, net worth for such purposes shall
be computed on the same basis as its financial statements are prepared in accordance with
the requirements of the State of Alabama Insurance Department. (b) Net worth may be determined
from the taxpayer's financial statements for its...
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40-18-103
Section 40-18-103 Procedure for setoff and notification of taxpayer. (a) A county or municipality
may submit a debt of at least $25 owed to it for collection under this chapter. Provided,
however, that a county or municipality must submit the debt to the department through one
of the following: (1) The Association of County Commissions of Alabama or an entity established
through the Association of County Commissions of Alabama. (2) The Alabama League of Municipalities
or an entity established through the Alabama League of Municipalities. The organization which
submits a debt on behalf of any county or municipality may assess a reasonable fee, which
shall be twenty-five dollars ($25) for submitting the debt. This fee may be assessed against
the debtor and collected as the first amount set off against any tax refund. (b) Within a
time frame specified by the department, a claimant agency seeking to collect a debt through
setoff shall supply the information necessary to identify each...
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40-18-415
Section 40-18-415 (Per Section 40-18-416, this section is repealed following the close of fiscal
year 2020) Forms; construction of article; rulemaking authority. (a) All filings and applications
made with any department of the state government shall be made using forms promulgated by
such department. Any such filing shall be treated as a tax return, subject to penalties imposed
by the Department of Revenue. (b) Nothing in this article shall be construed to constitute
a guarantee or assumption by the state of any debt of any company nor to authorize the credit
of the state to be given, pledged, or loaned to any company. (c) Nothing in this article shall
be construed to make available to any taxpayer any right to the benefits conferred by this
article absent strict compliance with this article. (d) Nothing in this article shall be construed
to limit the powers otherwise existing for the Department of Revenue to audit and assess a
taxpayer claiming the Growing Alabama Credit. (e) Nothing...
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40-23-35
Section 40-23-35 Disposition of revenues from tax. (a) Such amount of money as shall be appropriated
for each fiscal year by the Legislature to the Department of Revenue with which to pay the
salaries, the cost of operation and management of the department shall be deducted, as a first
charge thereon, from the taxes collected under the provisions of this division; provided,
that the expenditure of the sum so appropriated shall be budgeted and allotted pursuant to
Article 4 of Chapter 4 of Title 41, and limited to the amount appropriated to defray the expenses
of operating the department for each fiscal year. After the payment of the expenses, so much
of the amount remaining as may be necessary, after first applying all sums of money received
by reason of the application of the surplus in the income tax as provided by Section 40-18-58,
for the replacement in the public school fund of the three-mill constitutional levy for schools
and in the General Fund of the one-mill levy for...
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40-2A-11.1
Section 40-2A-11.1 Civil penalties for unethical tax preparation conduct. (a) For purposes
of the individual income tax imposed by Chapter 18, if there is an understatement of liability
on a return that would cause a tax return preparer to be subject to the penalties imposed
by 26 U.S.C. §6694, except §6694(c), §6700, or §6701, and if any of the failures enumerated
in 26 U.S.C. §6695, except §6695(e) and (g), occurs, the department may impose upon the
tax return preparer a penalty in accordance with 26 U.S.C. §§6694(a), (b), (d), (e), and
(f); §§6695(a), (b), (c), (d), and (f); §§6696(a) and (c), §6700, and §6701, as in effect
from time to time. (b) For purposes of this section: (1) "Subject to this title"
shall be substituted for references in the specified federal statutes to "imposed by
subtitle A." (2) "Commissioner" will be substituted for references in the specified
federal statutes to "secretary." (3) References in these federal statutes to federal
district courts...
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41-23-21
Section 41-23-21 Definitions. For purposes of this article, the following terms shall have
the meaning hereinafter ascribed to them, unless the context clearly indicates otherwise:
(1) COUNCIL. The Enterprise Zone Advisory Council. (2) DEPARTMENT. The Alabama Department
of Economic and Community Affairs. (3) GOVERNING AUTHORITY. The governing body of a county
or municipality. (4) ENTERPRISE ZONE. A geographic area which is economically depressed, in
need of expansion of business and industry and the creation of jobs and designated to be eligible
for the benefits of this article, and is a target by governments for development by providing
tax and nontax incentives to private enterprise. Effective October 1, 2016, the definition
of an Enterprise Zone shall mean any Alabama county that is described by Section 40-18-376.1(a).
Notwithstanding any other law or agreement to the contrary, any eligible business having received
an approved application from the department prior to October 1,...
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45-12-241.01
Section 45-12-241.01 Privilege license tax for mandatory solid waste disposal program. (a)
This section shall only apply to Choctaw County. (b) As used in this section, state sales
and use tax means the tax imposed by the state sales and use tax statutes, including, but
not limited to, Sections 40-23-1, 40-23-2, 40-23-3, 40-23-4, 40-23-60, 40-23-61, 40-23-62,
and 40-23-63 of the Code of Alabama 1975. (c) The County Commission of Choctaw County may
levy, in addition to all other taxes, a privilege license tax against gross sales in an amount
up to two cents which shall be exclusively for the operational fund of the county mandatory
solid waste disposal program. The gross proceeds of all sales which are presently exempt under
the state sales and use tax statutes are exempt from the tax authorized by this section. (d)
The tax levied by this section shall be collected by the State Department of Revenue, or such
other entity as determined by the county commission, at the same time and in...
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45-20-243.02
Section 45-20-243.02 Monthly report; records; penalties. (a) The tax levied by this part, except
as otherwise provided, shall be due and payable to the Covington County Commission, or Department
of Revenue, or other collection agent as may be designated by resolution of the county commission,
on or before the 20th day of the month next succeeding the month in which the tax accrues.
On or before the 20th day of each month, every person on whom the tax is levied by this part
shall render to the designated collection agent on a form prescribed by the agent, a true
and correct statement showing the gross proceeds of the business subject to the tax for the
then preceding month, together with other information as the designated collection agent requires.
At the time of making the monthly report, the taxpayer shall compute and pay to the designated
collection agent the amount of tax shown due. A person subject to the tax who conducts business
on a credit basis may defer reporting and paying...
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45-29-242.20
Section 45-29-242.20 Levy and collection of tax. (a) This section shall only apply to Fayette
County. (b) As used in this section, state sales and use tax means the tax imposed by the
state sales and use tax statutes, including, but not limited to, Sections 40-23-1, 40-23-2,
40-23-3, 40-23-4, 40-23-60, 40-23-61, 40-23-62, and 40-23-63. (c)(1) The County Commission
of Fayette County may levy, in addition to all other taxes, including, but not limited to,
municipal gross receipts license taxes, a one cent privilege license tax against gross sales
or gross receipts which shall become effective on September 1, 2000. (2) The gross receipts
of any business and the gross proceeds of all sales which are presently exempt under the state
sales and use tax statutes are exempt from the tax authorized by this section. (d) The tax
levied by this section shall be collected by the State Department of Revenue at the same time
and in the same manner as state sales and use taxes are collected. On or...
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