33-12-5
Section 33-12-5 Powers, duties and functions. The powers, duties and functions of the
agency shall be as follows: (1) GENERALLY. The agency a. Shall have perpetual succession in
its corporate name. b. May sue and be sued in its corporate name. c. May adopt, use and alter
a corporate seal, which shall be judicially noticed. d. May enter into such contracts and
cooperative agreements with the federal, state and local governments, with agencies of such
governments, with private individuals, corporations, associations, trusts and other organizations
as the board may deem necessary or convenient to enable it to carry out the purposes of this
chapter, including the planned, orderly residential development of the area. e. May adopt,
amend and repeal bylaws. f. May appoint such managers, officers, employees, attorneys and
agents as the board deems necessary for the transaction of its business, fix their compensation,
define their duties, require bonds of such of them as the board may...
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40-1-43
Section 40-1-43 Misuse of federal tax returns or information therefrom by state officers,
employees, etc., or former employees or agents. It shall be unlawful for any officer, employee,
agent, or former employee or agent of the Department of Revenue to use a federal tax return,
or information reflected on such federal return, for any purpose other than in the administration
of the revenue laws administered by the Department of Revenue or to disclose to any person,
except as authorized by the Internal Revenue Code, 26 U.S.C. §1 et seq., any federal return
information, whether received from the Internal Revenue Service under an exchange of information
agreement or from the taxpayer as an attachment to his state tax return. Any person violating
the provisions of this section shall be deemed guilty of a misdemeanor, and shall be
fined not to exceed $1,000 or sentenced to hard labor for the county for not more than one
year, one or both for each offense, and upon conviction thereof, any...
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40-2A-11
Section 40-2A-11 Civil penalties levied in addition to other penalties provided by law.
(a) Failure to timely file return. Except in the case of an individual income tax return filed
with no tax due at the time of filing, if a taxpayer fails to file any return required to
be filed with the department on or before the date prescribed therefor, determined with regard
to any extension of time for filing, there shall be assessed as a penalty the greater of 10
percent of any additional tax required to be paid with the return or fifty dollars ($50).
(b) Failure to timely pay tax. (1) If a taxpayer fails to pay to the department the amount
of tax shown as due on a return required to be filed on or before the date prescribed for
payment of the tax, determined with regard to any extension of time for payment, there shall
be added as a penalty one percent of the amount of the tax due if the failure to pay is for
not more than one month, with an additional one percent for each additional month or...
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40-30-2
Section 40-30-2 Purpose and legislative intent. (a) Purpose. The purpose of the Electronic
Tax Return Filing Act is to authorize the Department of Revenue to accept tax returns and
other documents of all types filed in electronic commerce without violating other statutes
originally drafted for the use of paper returns submitted either personally or through the
mail. (b) Intent of the Legislature. It is recognized that because of constant technological
advances, the statutory outline herein for filing tax returns and other documents electronically
cannot encompass all of the intricacies in requirements or qualifications currently or into
the future. The bulk of the requirements and qualifications must be implemented through the
Department of Revenue's authority to promulgate regulations hereunder. It is the intent of
the Legislature to allow the Department of Revenue the necessary flexibility to adopt specific
regulations for accepting tax returns by electronic media, to control the...
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40-7-55
Section 40-7-55 Short form tax return; itemized listings. (a) Prior to October 1, 2014,
the Department of Revenue shall design a non-itemized business personal property tax return
short form "short form tax return" which, at the taxpayer's option, may be utilized
for reporting total taxable tangible business personal property assets with original acquisition
costs equal to or less than ten thousand dollars ($10,000) under the provisions of this article
and any rules promulgated by the department related thereto. Any taxpaying entity utilizing
the short form return agrees to a business personal property tax liability for that applicable
tax year that is based upon taxable tangible business personal property assets valued at ten
thousand dollars ($10,000), and that the submission of such short form return by the taxpayer
is a declaration to the county assessing official or other applicable agency that the property
is to be valued at ten thousand dollars ($10,000) for all taxable tangible...
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40-18-442
Section 40-18-442 (Effective for tax returns due on or after January 1, 2018) Definitions.
When used in this article, the following terms shall have the following meanings: (1) DEPARTMENT.
The Alabama Department of Revenue. (2) INCOME TAX RETURN PREPARER. (a) A person who prepares
for compensation, or who employs one or more persons to prepare for compensation, any income
tax return or claim for refund, required to be filed pursuant to this chapter. The preparation
of a substantial portion of a return or claim for refund shall be treated as the preparation
of that return or claim for refund. (b) A person is not an income tax preparer if all he or
she solely performs the following duties: 1. furnishes typing, reproducing, or other mechanical
assistance; 2. prepares returns or claims for refunds for the employer by whom he or she is
regularly and continuously employed, or for an affiliate of that employer, including a subchapter
K entity for which he or she prepares a return; 3. prepares...
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40-18-53
Section 40-18-53 Inspection of returns by federal or foreign state agents. All income
tax returns filed under this chapter, or copies thereof on file with the State Department
of Revenue, shall be open to inspection by officials or duly authorized agents of the Bureau
of Internal Revenue lawfully charged with the administration or enforcement of the federal
income tax law or officials or duly authorized agents lawfully charged with the administration
or enforcement of the income tax laws of any state which allows the State of Alabama or its
authorized officials or agents a like privilege, for the purpose of administration and enforcement
of such laws, subject to the conditions hereinafter included. The inspection shall only be
permitted under such rules and regulations as may be prescribed by the Commissioner of Revenue.
(Acts 1951, No. 848, p. 1478; Acts 1953, No. 207, p. 275.)...
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40-23-261
Section 40-23-261 Filing of duplicate information returns. (a) The department is authorized
to require that every payment settlement entity, third party settlement organization, electronic
payment facilitator, or other third party acting on behalf of a payment settlement entity,
all as defined in Section 6050W of the Internal Revenue Code and referred to herein
as a reporting entity, required to file information reports pursuant to that section
, within 30 days of the filing due date, shall file with the department in such form and manner
as prescribed by the department either a duplicate of all such information returns or a duplicate
of such information returns related to taxpayers or participating payees, as defined in Section
6050W of the Internal Revenue Code, with an Alabama address. The department may require that
such duplicate information returns be filed electronically. (b) The information received by
the department on a duplicate information return filed pursuant to this...
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41-9-219.4
Section 41-9-219.4 Recapture of tax credit; notice (a) The Department of Revenue shall
recapture, from the taxpayer that claimed or is entitled to claim the credit on a return,
the tax credit allowed under this article if, at any time during the seven-year period beginning
on the date of the original issue to the qualified equity investment in a qualified community
development entity, one of the following occurs: (1) Where any amount of the federal tax credit
available with respect to a qualified equity investment that is eligible for a tax credit
under this article is recaptured under Section 45D of the Internal Revenue Code of
1986, as amended, the Department of Revenue's recapture shall be proportionate to the federal
recapture with respect to that qualified equity investment, and may then reallocate the recaptured
credits to other qualified taxpayers in the year of recapture, without regard for the annual
allocation limitation found in Section 41-9-219.2. (2) The Department of...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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