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40-18-6
Section 40-18-6 Gain or loss - Basis of property; adjusted basis. (a) Basis (unadjusted) of
property. The basis of property shall be the cost of the property with the following exceptions:
(1) INVENTORY VALUE. If the property should have been included in the last inventory, the
basis shall be the last inventory value thereof. (2) GIFT or TRANSFER IN TRUST. If the property
was acquired by gift or by a transfer in trust the basis shall be determined in accordance
with 26 U.S.C. § 1015. If property was acquired by gift or transfer in trust on or after
December 31, 1932 and prior to March 15, 1985, the basis shall be the fair and reasonable
market value of the property at the time of the acquisition. (3) PROPERTY TRANSMITTED AT DEATH.
If the property was acquired from a decedent, the taxpayer's basis in the property shall be
determined in accordance with 26 U.S.C. § 1014. (4) PROPERTY ACQUIRED UPON LIKE-KIND EXCHANGE.
If the property was acquired upon an exchange described in subsection...
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40-23-60
Section 40-23-60 Definitions. For the purpose of this article, the following terms shall have
the respective meanings ascribed to them in this section: (1) PERSON or COMPANY. Any individual,
firm, company, partnership, association, corporation, receiver or trustee, or any other group
or combination acting as a unit, and the plural as well as the singular number, unless the
intention to give a more limited meaning is disclosed by the context. (2) DEPARTMENT. The
Department of Revenue of the State of Alabama. (3) COMMISSIONER. The Commissioner of Revenue
of the State of Alabama. (4) WHOLESALE SALE or SALE AT WHOLESALE. Any one of the following:
a. A sale of tangible personal property by wholesaler to licensed retail merchants, jobbers,
dealers or other wholesalers for resale and does not include a sale by wholesalers to users
or consumers, not for resale. b. A sale of tangible personal property or products, including
iron ore, and including the furnished container and label of such...
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40-29-90
Section 40-29-90 Jeopardy assessment - For income tax. (a) Termination of taxable period. 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 the income tax for the current
or the preceding taxable year unless such proceedings be brought without delay, the commissioner
or his delegate shall declare the taxable period for such taxpayer immediately terminated,
and shall cause notice of such finding and declaration to be given the taxpayer, together
with a demand for immediate payment of the tax for the taxable period so declared terminated
and of the tax for the preceding taxable year or so much of such tax as is unpaid, whether
or not the time otherwise allowed by law for filing return and paying the tax has expired;
and such taxes shall thereupon become immediately due and payable. In...
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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...
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28-3-54
Section 28-3-54 Refund on overpayment or erroneous payment of taxes or licenses and of prepaid
taxes where loss sustained prior to sale at retail; petition. Where any licensee of the Alcoholic
Beverage Control Board in the payment of taxes or licenses which are paid directly to the
board, and where, by a mistake of fact or law, has paid an amount in excess of the amount
due or has made an erroneous payment, or where taxes have been prepaid to the board and the
alcoholic beverages upon which the tax has been prepaid is, prior to the sale of the same
at retail, lost or destroyed by fire, theft or casualty or is damaged by fire or other casualty
resulting in destruction of or damage to the beverages or beverage containers, the Comptroller
is authorized to draw his warrant on the Treasurer in favor of such licensee, and the Treasurer
is authorized to pay such warrant for the amount of such overpayment or erroneous payment
or prepayment of taxes or licenses. Provided, however, claims for...
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45-17-241.02
Section 45-17-241.02 Effective date of taxes; imposition and disposition of tax; exemptions;
records; penalty and interest. (a) The taxes levied by this part shall become effective, or
go into effect, on the first day of the calendar month next following the calendar month in
which this part is adopted. (b)(1) Commencing on the effective date of the taxes, as specified
in subsection (a), above, in addition to all other taxes imposed by law, there is hereby levied
and shall be collected by the director of revenue as herein provided a privilege or license
tax in the amount hereinafter prescribed against every person engaged in the county in the
business of renting or furnishing any room or rooms, lodging or accommodations, to any transients
in any hotel, motel, inn, tourist court, or any other place in which rooms, lodgings, or accommodations
are regularly furnished to transients for a consideration. The director of revenue shall pay
to the Colbert County Tourism and Convention Bureau...
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27-4-11
Section 27-4-11 Refund of taxes or licenses paid by mistake. (a) Where any taxpayer in the
payment of taxes or payments of licenses which are paid directly to the commissioner and where
by a mistake of fact or law has paid an amount in excess of the amount due or has made an
erroneous payment, the Comptroller is authorized to draw his warrant on the Treasurer in favor
of such taxpayer and the Treasurer is authorized to pay such warrant for the amount of such
overpayment or erroneous payment. (b) Before any refund under this section can be made the
taxpayer, his heirs, successors or assigns shall file, in duplicate, a petition directed to
the commissioner, setting up the fact relied on to procure the refunding of the money erroneously
paid. Such application must be made within three years from the date of such payment. (c)
The commissioner shall examine said petition and the records of the Department of Insurance,
and if the facts set forth in the petition are such as to entitle the...
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40-13-57
Section 40-13-57 Time for making return; delinquent taxes; penalties. (a) The tax levied by
this article shall become delinquent on the twenty-first day of the month next succeeding
the month in which the tax is due. Provided, however, that the department, for good cause
shown, may extend the time for making a return required under this article pursuant to rules
adopted by the department. (b) The department shall impose interest and penalties on unpaid
taxes which become delinquent. One-half of all interest and penalties collected with respect
to the tax imposed by this article shall be retained by the department to help defray the
expenses of administration and collection of the tax. (c) No penalties shall be imposed by
the department against a producer or purchaser for any severance tax due under Act 2012-318
based upon an interpretation of the provisions of that act until and unless such time as the
department has adopted rules related to such provision of that act and the rules...
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25-4-132
Section 25-4-132 Assessment of interest on delinquent contribution payments. Contributions
unpaid on the date when they are due and payable, as provided in this chapter, or as may be
provided by rules or regulations in this chapter, shall bear interest at the rate of one percent
per month from and after such date until payment is received by the secretary. (Acts 1939,
No. 497, p. 721; Code 1940, T. 26, §238.)...
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40-5-10
Section 40-5-10 Receipts on payment of delinquent taxes. Upon the payment by any taxpayer of
taxes, fees, and costs, if any, assessed and charged against him, the collector shall give
a receipt therefor from the book mentioned in Section 40-5-11, showing the name of the taxpayer,
the date of the payment, the total assessed value of real and personal property, separately,
and stating the amount of the state, county, and special taxes separately, together with the
interest, costs, and fees, and such receipt shall be prima facie evidence that such taxpayer
has paid all his state and county taxes for that year on the real and personal property and
other subjects of taxation contained in his assessment lists and all fees and costs mentioned
in such receipt. When any taxpayer shall pay all the taxes on any parcel of real estate separately
assessed, the description thereof shall be placed on the receipt. (Acts 1935, No. 194, p.
256; Code 1940, T. 51, §197.)...
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