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40-23-195
Section 40-23-195 Rulemaking authority; recordkeeping. (a) The department may adopt, promulgate,
and enforce reasonable rules and regulations related to the implementation, administration,
and participation in the program. The department shall have exclusive responsibility for reviewing
and accepting applications for participation and for the administration, return processing,
and review of the eligibility of sellers participating in the program. Eligible sellers participating
in the program shall not be subject to audit or review by any Alabama locality. Eligible sellers
shall maintain records of all sales delivered into Alabama, including copies of invoices showing
the purchaser, address, purchase amount, and simplified sellers use tax collected. Such records
shall be made available for review and inspection upon request by the department. (b) The
department may disclose the name of eligible sellers, the effective date the eligible seller
began participating in the program and, if...
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20-1-32
Section 20-1-32 Exemption from prosecution of dealers. No dealer shall be prosecuted under
the provisions of this division when the dealer can establish a bona fide guarantee signed
by a reputable wholesaler, jobber, or manufacturer within the United States from whom he or
she purchased such articles that they are not adulterated or misbranded within the meaning
of this division, designating it and that he or she has no knowledge of such adulteration
or misbranding at the time they were purchased by that dealer. Such guarantee shall contain
the name and address of the vendor who shall be amenable to the prosecutions, fines, and other
penalties to which the purchaser would otherwise be amenable. Provided, however, there shall
be no exemption from prosecution with regard to the sale or the offer for sale of out-of-date
food products by the dealer. There shall be no exemption from prosecution with regard to the
sale or the offer for sale of food products that have become out-of-date,...
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40-10-77
Section 40-10-77 Defense of action fails on grounds other than that taxes were not due. THIS
SECTION WAS AMENDED BY ACT 2018-494 IN THE 2018 REGULAR SESSION, EFFECTIVE JANUARY 1, 2020.
TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. If, in an action brought against
such purchaser or other person claiming under the purchaser to recover possession of lands
sold for taxes, the defendant claims and defends under the tax title and the defense fails
on the ground that such sale was invalid for any reason other than that the taxes were not
due, and the plaintiff recovers, the court shall forthwith, on the motion of the defendant,
ascertain the amount of taxes for which the lands were liable at the time of the sale and
for the payment of which they were sold, with interest thereon from the day of sale, and the
amount of such taxes on the lands, if any, as the defendant or the person under whom he or
she claims has, since such sale, lawfully paid or assumed, in case of the state,...
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40-15-13
Section 40-15-13 Lien of state; affidavit by personal representative of estate. (a) The State
of Alabama shall have a lien for all taxes and interest thereon which are or may become due
hereunder on all property which a decedent dies seized or possessed of subject to taxes under
this chapter, in whatever form of investment it may happen to be, and all property acquired
in substitution therefor. (b) The personal representative of an estate may execute and record
in the county of last domicile of the decedent and wherever the decedent's probate estate
is pending, an affidavit certifying that the estate is not taxable or alternatively, an affidavit
certifying that the estate is taxable and that the proper copy of the federal estate tax return
has or will be filed with the department within the proper time limits as provided by law.
The affidavit shall begin by stating that it is being filed in accordance with this section.
The content of the affidavit shall include, but not be limited to,...
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6-6-752
Section 6-6-752 Contents of petition; order to show cause; service of petition and order on
district attorney; publication of public notice. (a) The authority for issuing such obligations,
the fact that an election has been held and that such election was in favor of the issuance
of such obligations, if an election was required, the ordinances or resolutions authorizing
their issuance and the fact of their adoption, and all essential proceedings had or taken
in connection therewith, the amount of the obligations to be issued, the maximum rate of interest
they are to bear, when principal and interest are to be paid and the place of payment (unless
the successful bidder at public sale will have the right to name, designate, request, or suggest
the place of payment, which shall be stated if this is the case), the tax or other means provided
for their payment, the assessed value of the property in the unit, the amount of outstanding
indebtedness incurred and the date or dates when so...
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11-40-66
Section 11-40-66 Judicial hearing. (a) The Class 2 municipality shall request that a judicial
hearing on the petition occur not earlier than 30 days nor more than 90 days following the
filing of the petition. At the judicial hearing, any interested party shall have the right
to be heard and to contest the delinquency of the municipal code lien, the adequacy of the
proceedings, the classification of the property as owner occupied, and the amount of the tax
payoff. If the court determines that the information set forth in the petition is accurate,
the court shall render its judgment and order that: (1) The municipal code lien is delinquent.
(2) The amounts of any additional municipal code liens and taxes described in the petition
are delinquent. (3) Proper notice has been given to all interested parties. (4) The property
is not owner occupied. (5) The property as described in the petition be sold in accordance
with the provisions of this article. (6) The sale shall become final and...
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11-49B-22
Section 11-49B-22 Taxes; exemptions; reporting credit sales; lien security; state sales tax
provisions applicable; charge for collecting tax; voting. (a) The authority shall, subject
to a referendum in the counties it proposes to serve, levy, in addition to all other taxes,
including, but not limited to, municipal gross receipts license taxes, a 1/4 percent privilege
license tax against gross sales or gross receipts, provided, however, that the rate of such
tax on any person, firm, or corporation engaged in the type of business described in Section
40-23-2(4) shall be an amount equal to 1/32 percent of the gross proceeds from sales described
in such section. 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 chapter. (b) The tax levied by this chapter shall be collected by the State Department
of Revenue, the authority, the county, or by contract to a...
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40-23-260
Section 40-23-260 Program established; definitions; informational reports; Wholesale and Distributor
Reporting Advisory Group. (a) This article shall establish the Wholesale to Retail Accountability
Program or "WRAP". (b) For the purpose of this article, the following words shall
have the following meanings: (1) DEPARTMENT. The State Department of Revenue. (2) LICENSED
BEER OR WINE DISTRIBUTOR. A distributor, as licensed by the Alabama Alcoholic Beverage Control
Board, selling or distributing beer or wine in this state. (3) PERSON. Any individual, firm,
partnership, association, corporation, limited liability company, receiver, trustee, or any
other entity. (4) RETAILER. A person or group of persons that have a relationship with each
other as defined in Section 267(b) of the federal Internal Revenue Code whose primary business
is the sale of tangible personal property at retail, including supporting operations such
as warehousing, shipping, and storage of product, and who holds a...
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41-9-655.01
Section 41-9-655.01 Reporting requirements for certain property seized for forfeiture in connection
with a criminal event. (a) All property seized by a state, county, or municipal law enforcement
agency for forfeiture in connection with a criminal event shall be reported to the uniform
crime reporting system operated by the Alabama State Law Enforcement Agency on behalf of the
Alabama Justice Information Commission. (b) The commission shall develop rules for reporting
property seized pursuant to this section. Information reported shall include any information
required by the commission, including, but not limited to, all of the following: (1) The date
of the seizure. (2) The address of the seizure. (3) The name of the law enforcement agency
that conducted the seizure. (4) The type of property seized. (5) A general description of
the property seized. (6) The name of the person or entity, if known, from whom the property
was seized. (7) A description of the suspected underlying criminal...
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8-19A-5
Section 8-19A-5 Licensing; application for license. (a) Prior to doing business in this state,
a commercial telephone seller shall obtain a license from the division. Doing business in
this state includes both telephone solicitation from a location in Alabama and solicitation
from other states or nations of purchasers located in Alabama. (b) An applicant for a license
as a commercial telephone seller shall submit to the division, in the form prescribed, a written
application for the license. The application shall set forth the following information: (1)
The true name, date of birth, driver's license number, Social Security number, and home address
of the applicant, including each name under which he or she intends to do business. (2) Each
business or occupation engaged in by the applicant during the three years immediately preceding
the date of the application, and the location thereof. (3) The previous experience of the
applicant as a commercial telephone seller or salesperson. (4)...
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