|
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-15-7.htm - 9K - Match Info - Similar pages
40-18-1
existed on December 31, 2007. (8) CORPORATION. The term includes associations, joint stock
companies, and any other entity classified as an association taxable as a corporation for
federal income tax purposes. (9) DISREGARDED ENTITY. Any entity which is disregarded for federal
income tax purposes. (10) DOMESTIC. When applied to a corporation or subchapter K entity means
created or organized under the laws of the State of Alabama. (11) FIDUCIARY. A guardian, trustee,
executor, administrator, personal representative, receiver, conservator, or any person
acting in any fiduciary capacity for any person. (12) FISCAL YEAR. An accounting period of
12 months ending on the last day of any month other than December. (13) FOREIGN. When applied
to a corporation or a subchapter K entity means created or organized under a jurisdiction
other than the State of Alabama. (14) GEOTHERMAL. Any geothermal reservoir in Alabama consisting
of natural heat which is stored in rocks or in an aqueous liquid or...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-18-1.htm - 11K - Match Info - Similar pages
40-15-4
Section 40-15-4 Time of payment and filing return; extension of time. The tax imposed by this
chapter shall be paid and the return required by Section 40-15-3 shall be filed on or before
nine months after the decedent's death and shall be paid by the personal representative
to the Department of Revenue; provided, that where the Department of Revenue finds that the
payment on the due date of any part of the amount due would impose undue hardship upon the
estate, the Department of Revenue may extend the time for payment of all or any part, not
to exceed 10 years from the original due date. In such case the amount or amounts in respect
of which the extension is granted shall be paid on or before the dates thus fixed, unless
further extended within said limitation as to time. If the time for payment is extended, there
shall be collected, in addition to the tax, interest thereon at the legal rate from the original
due date of the tax to the date of payment. The Department of Revenue may, in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-15-4.htm - 1K - Match Info - Similar pages
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,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-15-13.htm - 1K - Match Info - Similar pages
43-8-1
the parent whose relationship is involved and excludes any person who is only a stepchild,
a foster child, a grandchild or any more remote descendant. (3) COURT. The court having jurisdiction
in matters relating to the affairs of decedents. This court in Alabama is known as the probate
court. (4) DAYS. That period of time as computed in accordance with section 1-1-4 and Rule
6(a), Alabama Rules of Civil Procedure. (5) DEVISE. When used as a noun, means a testamentary
disposition of real or personal property and when used as a verb, means to dispose
of real or personal property by will. (6) DEVISEE. Any person designated in a will
to receive a devise. In the case of a devise to an existing trust or trustee, or to a trustee
or trust described by will, the trust or trustee is the devisee and the beneficiaries are
not devisees. (7) DISTRIBUTEE. Any person who has received property of a decedent from his
personal representative other than as creditor or purchaser. A testamentary trustee
is...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-8-1.htm - 8K - Match Info - Similar pages
40-23-1
F.O.B. point and regardless of who selects the method of transportation, and regardless of
by whom or the method by which freight, postage, or other transportation charge is paid. Provided
further that, where billed as a separate item to and paid by the purchaser, the freight, postage,
or other transportation charge paid to a common carrier or the U.S. Postal Service is not
a part of the selling price. (6) GROSS PROCEEDS OF SALES. The value proceeding or accruing
from the sale of tangible personal property, and including the proceeds from the sale
of any property handled on consignment by the taxpayer, including merchandise of any kind
and character without any deduction on account of the cost of the property sold, the cost
of the materials used, labor or service cost, interest paid, any consumer excise taxes that
may be included within the sales price of the property sold, or any other expenses whatsoever,
and without any deductions on account of losses; provided, that cash...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-23-1.htm - 20K - Match Info - Similar pages
40-5-38
Section 40-5-38 Death of collector. On the death of any tax collector, his personal
representative, general or special, must, out of the first moneys that come into his hands
belonging to the estate of his decedent and as soon as the same come into his hands, pay to
the proper state, county, and school officers the amount of public funds collected by such
decedent not paid over by him at the time of his death and must make settlement with such
officers of any unsettled accounts of such decedent with the state, county, and school officers
touching the affairs of his office, as soon as practicable and not later than the time when
the tax collectors are required to make settlements. (Acts 1935, No. 194, p. 256; Code 1940,
T. 51, ยง227.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-5-38.htm - 1K - Match Info - Similar pages
40-15-18
Section 40-15-18 State and federal estate taxes to be paid out of estate property. Unless the
decedent directs otherwise in his or her will, all estate taxes, whether state or federal,
payable by reason of the death of the decedent, shall be paid by the executor or other personal
representative out of the estate property and shall be a charge against the residue thereof,
and the executor or other personal representative shall be under no duty to recover
from anyone for the benefit of the estate the pro rata portion of the estate tax attributable
to inclusion in the gross estate of any property, including proceeds of policies of insurance
upon the life of the decedent receivable by a beneficiary other than the executor or other
personal representative, which does not pass to the executor or other personal
representative as a part of the estate. This section shall apply to the estate of any decedents
who shall die on or after July 26, 1951, and before January 1, 2008, and to the estate...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-15-18.htm - 1K - Match Info - Similar pages
43-2-692
Section 43-2-692 Petition for summary distribution; when surviving spouse or distributee entitled
to personal property without administration. (a) The surviving spouse, if there is
one, otherwise the distributees of an estate of personal property only, may initiate
a proceeding for summary distribution of the estate by filing a verified petition in the office
of the judge of probate of the county in which the decedent was domiciled at death alleging
the conditions provided in subsection (b). The petition shall include a description of the
estate of the decedent. No bond shall be required to be filed with the petition. (b) The surviving
spouse or distributee shall have a defeasible right to the personal property of the
decedent without awaiting the appointment of a personal representative or the probate
of a will if all of the following conditions exist: (1) The value of the entire estate does
not exceed twenty-five thousand dollars ($25,000). This figure shall be adjusted annually
for...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-692.htm - 3K - Match Info - Similar pages
43-2-830
death of a person, decedent's real property devolves to the persons to whom it is devised by
decedent's last will or to those indicated as substitutes for them in cases involving lapse,
renunciation, or other circumstances affecting the devolution of a testate estate, or in the
absence of testamentary disposition, to decedent's heirs, or to those indicated as substitutes
for them in cases involving renunciation or other circumstances affecting devolution of intestate
estates. (b) Decedent's personal property devolves to the personal representative
to be distributed to: (1) Those persons to whom it is devised by the testator's last will
or to those indicated as substitutes for them in cases involving lapse, renunciation, or other
circumstances affecting the devolution of a testate estate; or (2) In the absence of testamentary
disposition, to decedent's heirs, or to those indicated as substitutes for them in cases involving
renunciations or other circumstances affecting devolution of...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/43-2-830.htm - 1K - Match Info - Similar pages
|