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40-10-161
Section 40-10-161 Filing petition. In order to procure the refunding under the provisions of
Section 40-10-160 of the amounts erroneously paid for taxes on property, the taxpayer, his
heirs, or assigns shall file in duplicate a petition directed to the judge of probate of the
county wherein the land is situated, setting up the facts relied on to procure the refunding
of the money so erroneously paid. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §329.)...
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40-10-102
Section 40-10-102 How refund procured. In order to procure the refunding under the provisions
of Sections 40-10-100 and 40-10-101 of the amounts erroneously paid for the purchase of property,
the purchaser, his heirs or assigns shall file in triplicate a petition directed to the chairman
of the county commission of the county wherein the land is situated, setting up the facts
relied on to procure the refunding of the money so erroneously paid. (Acts 1935, No. 194,
p. 256; Code 1940, T. 51, §299.)...
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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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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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/28-3-54.htm - 2K - Match Info - Similar pages
40-2A-7
years from the date the return is filed with the department, whichever is later. This subparagraph
shall not apply to any corporation unless dissolution is completed within 18 months of the
date of the written notice. e. If a taxpayer has made the election provided in subsection
(d) or (e) of Section 40-18-8, a preliminary assessment based on the gain realized as a result
of the involuntary conversion [in the case of subsection (d) of Section 40-18-8] or a rollover
of gain on the sale of a personal residence [as provided in subsection (e) of Section
40-18-8] may be entered within three years from the date the taxpayer notified the department
of the replacement of the property in accordance with subsection (d) or (e) of Section 40-18-8,
as the case may be, or of his or her intention not to replace the property. f. If a taxpayer
has validly elected to have the provisions of subdivision (a) (7) of Section 40-18-6 and subsection
(l) of Section 40-18-8 apply to an acquisition of stock...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-2A-7.htm - 28K - Match Info - Similar pages
27-61-1
functions. 5. CORPORATE RECORDS OF THE COMMISSION The Commission shall maintain its corporate
books and records in accordance with the Bylaws. 6. QUALIFIED IMMUNITY, DEFENSE, AND INDEMNIFICATION
a. The Members, officers, executive director, employees, and representatives of the Commission,
the Executive Committee, and any other Committee of the Commission shall be immune from suit
and liability, either personally or in their official capacity, for any claim for damage to
or loss of property or personal injury or other civil liability caused by or
arising out of any actual or alleged act, error, or omission that occurred, or that the person
against whom the claim is made had a reasonable basis for believing occurred within the scope
of Commission employment, duties, or responsibilities; provided that nothing in this paragraph
shall be construed to protect any such person from suit and/or liability for any damage, loss,
injury, or liability caused by the intentional or willful or wanton...
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11-51-72
Section 11-51-72 Procedure for recovery of taxes erroneously paid. Any person or his agent
or the heir or personal representative of such person who owns property subject to
taxation in said municipality and who, through a mistake or error in the assessment or collection
of taxes, has paid to the municipality through the county tax collector money that was not
due from him for taxes may file a petition with the council, board of commissioners, or other
governing body of said municipality asking that a warrant be drawn in his favor refunding
to him the money paid and received by the municipality. The council, board of commissioners,
or other governing body of said municipality shall examine into the facts and evidence offered
by the petitioner in support of the allegations of his petition and, if proper and full proof
of the same is made, the council, board of commissioners, or other governing body of said
municipality must allow said claim to the amount of municipal taxes received and...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-51-72.htm - 1K - Match Info - Similar pages
40-17-330
Section 40-17-330 Refund petitions and claims. (a) Any person entitled to a refund pursuant
to Section 40-17-329 within two years of the date that the motor fuel was purchased shall
present to the department a petition accompanied by the original or duplicate original sales
slip, invoice, or any other documentation approved by the department showing the gallons of
motor fuel purchased and the taxes paid. The petition shall be in a format prescribed by the
commissioner, shall be accompanied by supporting records, and sworn to by the applicant under
the penalty of perjury. (b) The licensed distributor filing a refund claim pursuant to subsection
(b) of Section 40-17-329 shall be eligible for an administrative allowance of two cents ($.02)
on each gallon of gasoline and diesel fuel covered by the claim. (c) The right to receive
any refund under this section is not assignable and any assignment thereof is void and of
no effect. (d) Any applicant for a refund who willfully files an...
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40-7-25
list; and the taxpayer shall be given notice by the assessing official, by mail or in person,
of the items of property added to his or her assessment list or items claimed as exempt which
are disallowed by the assessing official after the list has been filed and before the assessing
official has completed his or her assessment, and the assessing official shall, upon demand,
furnish the taxpayer with a certified copy of his or her assessment list so amended. In the
event the value of real or personal property of any taxpayer is increased by the county
board of equalization, herein created, over the assessed value thereof for the next preceding
year, the taxpayer shall be furnished by mail or in person, by the secretary of the county
board of equalization, with a statement showing separately the value of his or her personal
property and his or her real property, and improvements thereon. The statement shall be signed
by the chair of the county board of equalization and the taxpayer may...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-7-25.htm - 3K - Match Info - Similar pages
40-23-2.1
Section 40-23-2.1 Only one municipal or county sales, etc., tax collected on same sale; payment
to improper locality. (a) If a sales tax, gross receipts tax in the nature of a sales tax,
as defined in Section 40-2A-3(8), use tax, or rental tax levied by or on behalf of an Alabama
municipality is paid under a requirement of law, the property which is the subject of such
tax, when imported for use, storage, or consumption into another Alabama municipality, is
not subject to the sales tax, use tax, or rental tax regardless of rate, which is required
by the second municipality under any municipal ordinance or any act of the Legislature. The
collecting agency shall require such proof of payment of tax to another municipality as is
deemed necessary and proper. (b) If a sales tax, gross receipts tax in the nature of a sales
tax, use tax, or rental tax levied by or on behalf of an Alabama county is paid under a requirement
of law, the property which is the subject of such tax, when imported...
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