Code of Alabama

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40-15-17
Section 40-15-17 Property outside of state. In the event that the estate of any decedent taxable
hereunder shall include property situated outside of the state, the proportion of the federal
estate tax leviable hereunder against or in respect to the property of the estate subject
to the tax imposed hereby shall be that proportion which the property of the estate within
or subject to the tax jurisdiction bears to the gross value of the estate of the decedent
not so subject to taxation. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §446.)...
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40-15-7
Section 40-15-7 Nonresident decedents. (a) Except as herein otherwise provided, all of the
provisions of this chapter shall be applicable to so much of the estates of nonresident decedents
as is subject to estate tax under the act of Congress in effect at the time of the death of
decedent as consists of real estate or tangible personal property located within this state
or other items of property or interest therein lawfully subject to the imposition of an estate
tax by the State of Alabama. (b) In assessing the tax upon any real estate or tangible property
located within this state belonging to the estate of a nonresident decedent, which shall pass
by will, devise or by the laws of intestacy, the Department of Revenue shall determine the
tax due to be such proportion of the federal estate tax as would be leviable upon an estate
of similar taxable net value, less that proportion of any exemption to which the estate is
entitled, which the actual value of the real estate and tangible...
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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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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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40-15-3
Section 40-15-3 Duplicate of federal return filed by executor; computation by Department of
Revenue. It is hereby made the duty of the executor of the estate of any person who has died
a resident of Alabama and upon which estate the tax imposed under any federal revenue act
has not been paid, and the executor of any person who may hereafter die a resident of this
state, and whose estate is subject to the payment of a federal estate tax, to file with the
Department of Revenue of Alabama a duplicate of all the returns which he is required to make
to the federal authorities for the purpose of having the estate taxes determined. When such
duplicate return is filed with the Department of Revenue, it shall compute the amount of tax
that would be due upon said return as federal estate taxes imposed under any federal act permitting
credit of inheritance or estate taxes to the states upon the property of said estate taxable
in the State of Alabama and shall assess against said estate as estate...
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45-8-242
Section 45-8-242 Levy of tax; advisory referendum; collection of tax; disposition of funds.
(a) This section shall only apply to Calhoun 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, 40-23-4, 40-23-60, 40-23-61, 40-23-62, and 40-23-63.
(c)(1) The County Commission of Calhoun County may levy in the police jurisdictions of the
incorporated municipalities in the county and in the unincorporated areas of the county, in
addition to all other taxes a sales and use tax, parallel to the state sales and use tax,
of up to two percent of the gross sales, gross receipts, or the fair and reasonable market
value of tangible personal property, as appropriate, except where a different rate is provided
herein. Notwithstanding any other part or provision of this section, no additional tax levied
by this section shall be levied or collected on the sale, storage, use, or...
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40-27-1
Section 40-27-1 Compact adopted; terms. The following Multistate Tax Compact is hereby approved,
adopted and enacted into law by the State of Alabama: Multistate Tax Compact Article I. Purposes.
The purposes of this compact are to: 1. Facilitate proper determination of state and local
tax liability of multistate taxpayers, including the equitable apportionment of tax bases
and settlement of apportionment disputes. 2. Promote uniformity or compatibility in significant
components of tax systems. 3. Facilitate taxpayer convenience and compliance in the filing
of tax returns and in other phases of tax administration. 4. Avoid duplicative taxation. Article
II. Definitions. As used in this compact: 1. "State" means a state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession
of the United States. 2. "Subdivision" means any governmental unit or special district
of a state. 3. "Taxpayer" means any corporation, partnership, firm,...
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30-3D-102
Section 30-3D-102 Definitions. In this chapter: (1) "Child" means an individual,
whether over or under the age of majority, who is or is alleged to be owed a duty of support
by the individual's parent or who is or is alleged to be the beneficiary of a support order
directed to the parent. (2) "Child-support order" means a support order for a child,
including a child who has attained the age of majority under the law of the issuing state
or foreign country. (3) "Convention" means the Convention on the International Recovery
of Child Support and Other Forms of Family Maintenance, concluded at The Hague on November
23, 2007. (4) "Duty of support" means an obligation imposed or imposable by law
to provide support for a child, spouse, or former spouse, including an unsatisfied obligation
to provide support. (5) "Foreign country" means a country, including a political
subdivision thereof, other than the United States, that authorizes the issuance of support
orders and: (A) which has been...
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40-23-1
Section 40-23-1 Definitions; transactions considered or not considered sales. (a) For the purpose
of this division, the following terms shall have the respective meanings ascribed by this
section: (1) PERSON or COMPANY. Used interchangeably, includes any individual, firm, copartnership,
association, corporation, receiver, 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) TAX
YEAR or TAXABLE YEAR. The calendar year. (5) SALE or SALES. Installment and credit sales and
the exchange of properties as well as the sale thereof for money, every closed transaction
constituting a sale. Provided, however, a transaction shall not be closed or a sale completed
until the time and place when and where title is transferred by...
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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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