Code of Alabama

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40-18-6.1
Section 40-18-6.1 Gain or loss - Special rules for capital gains invested in opportunity zones.
(a) The provisions in 26 U.S.C. ยง 1400Z-2 shall be applicable to an investment in an approved
opportunity fund in calculating both of the following: (1) The income tax levied by this chapter,
or the estimated income tax payment. (2) The financial institution excise tax found in Chapter
16. (b) Any approved opportunity fund may enter into a project agreement with ADECA to provide
to the fund's investors impact investment tax credits against any tax liability described
in subdivisions (1) and (2) of subsection (a). The impact investment tax credits shall be
allocated annually, but only to the extent that one or more projects undertaken by the fund
are not producing the returns provided in the project agreement. Provided however, the calculation
of the impact investment tax credit does not guarantee a rate of return that is more than
the 52-week average yield rate for the United States 10-year...
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40-18-9
Section 40-18-9 Gain or loss - Optional method for returning as income increases in redemption
value of securities purchased at a discount. If, in the case of a taxpayer owning any noninterest-bearing
obligation issued at a discount and redeemable for fixed amounts increasing at stated intervals,
the increase in the redemption price of such obligation occurring in the taxable year does
not, under the method of accounting used in computing his net income, constitute income to
him in such year, such taxpayer may, at his election made in his return for any taxable year
beginning after December 31, 1942, treat such increase as income received in such taxable
year. If any such election is made with respect to any such obligation it shall apply also
to all such obligations owned by the taxpayer at the beginning of the first taxable year to
which it applies and to all such obligations thereafter acquired by him and shall be binding
for all subsequent taxable years, unless upon application by...
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11-54B-57
Section 11-54B-57 Annual reports and audits. (a) Within 90 days after the close of each fiscal
year, the district management corporation shall make an annual report of its activities for
the preceding fiscal year to the governing body of the municipality. (1) Each annual report
shall include, at a minimum: a. A financial statement for the preceding year, including a
balance sheet, statement of income and loss, and such other information as is reasonably necessary
to reflect the district management corporation's actual performance, certified by the treasurer
of the corporation. b. The budget for the current fiscal year. c. In the case of a district
funded by assessments against businesses of a particular class, a list of the businesses of
the designated class that are currently operating within the district. (2) A copy of each
annual report shall be sent to the mayor, the city council, and to all property owners, or
in the case of districts funded by assessments against businesses of a...
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27-31B-22
Section 27-31B-22 Protected cell captive insurance companies. (a) One or more sponsors may
form a protected cell captive insurance company under this chapter. (b) A protected cell captive
insurance company formed or licensed under this chapter may establish and maintain one or
more protected cells to insure risks of one or more participants, subject to all of the following
conditions: (1) Each protected cell shall be accounted for separately on the books and records
of the protected cell captive insurance company to reflect the financial condition and results
of operations of the protected cell, net income or loss, dividends or other distributions
to participants, and other factors as may be provided in the participant contract or required
by the commissioner. (2) The assets of a protected cell shall not be chargeable with liabilities
arising out of any other insurance business the protected cell captive insurance company may
conduct. (3) No sale, exchange, or other transfer of assets...
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40-18-19
Section 40-18-19 Exemptions - Generally. (a) The following exemptions from income taxation
shall be allowed to every individual resident taxpayer: (1) Retirement allowances, pensions
and annuities, or optional allowances, approved by the Board of Control of the Teachers' Retirement
System of Alabama, which exempt status is set out in Section 16-25-23. (2) Retirement allowances,
pensions and annuities or optional allowances, approved by the Board of Control of the Employees'
Retirement System of Alabama, which exempt status is set out in Section 36-27-28. (3) The
first eight thousand dollars ($8,000) of any retirement compensation, retirement allowances,
pensions and annuities, or optional allowances, received by any eligible firefighter, as defined
in Sections 36-32-1 and 36-32-2, or his or her designated beneficiary, from any firefighting
agency established in the State of Alabama, but only if such retirement compensation, retirement
allowances, pensions and annuities, or optional...
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27-21A-12
Section 27-21A-12 Protection against insolvency. (a) Unless otherwise provided below, each
health maintenance organization shall deposit with the commissioner, or with any organization
or trustee acceptable to him through which a custodial or controlled account is utilized,
cash, securities, or any combination of these or other measures acceptable to him in the amount
set forth in this section. (b) The amount for an organization that is beginning operation
shall be the greater of: (1) five percent of its estimated expenditures for health care services
for its first year of operation, (2) twice its estimated average monthly uncovered expenditures
for its first year of operation, or (3) $100,000. At the beginning of each succeeding year,
unless not applicable, the organization shall deposit with the commissioner, or organization,
or trustee, cash, securities, or any combination of these or other measures acceptable to
the commissioner, in an amount equal to four percent of its estimated...
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40-18-164
Section 40-18-164 Increase or decrease in basis of shareholder's stock; special rules. (a)
The basis of each shareholder's stock in an Alabama S corporation shall be increased for any
period by the sum of the following items determined with respect to that shareholder for the
period: (1) The items of income described in subdivision (1) of subsection (a) of Section
40-18-162. (2) Any nonseparately computed income determined under subdivision (2) of subsection
(a) of Section 40-18-162. (3) The excess of the deductions for depletion over the basis of
the property subject to depletion. (b) The basis of each shareholder's stock in an Alabama
S corporation shall be decreased for any period, but not below zero, by the sum of the following
items determined with respect to the shareholder for the period: (1) Distributions by the
corporation which were not includable in the income of the shareholder by reason of Section
40-18-165. (2) The items of loss and deduction described in subdivision (1)...
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40-18-16
Section 40-18-16 Depreciation. (a) Basis for depreciation. The basis upon which exhaustion,
wear and tear, depreciation and obsolescence are to be allowed shall be such reasonable allowance
as may be determined by the Department of Revenue on the adjusted basis provided in Section
40-18-6 for the purpose of determining the gain or loss upon sale or other disposition of
such property. (b) Basis for depletion. (1) GENERAL RULE. The basis upon which depletion is
to be allowed shall be such reasonable allowance as may be determined by the Department of
Revenue on the adjusted basis provided in Section 40-18-6 for the purpose of determining the
gain or loss upon the sale or other disposition of such property, except as provided in subdivision
(2) of this subsection. (2) AMOUNT. In the case of oil and gas wells, the allowance for depletion
shall be 12 percent of the gross income from the property during the taxable year, excluding
from such gross income an amount equal to any rents or...
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29-1-26
Section 29-1-26 Legislative double dipping prohibited. (a) This section shall be known and
may be cited as the Legislative Double Dipping Prohibition Act. (b) Any other provision of
law to the contrary notwithstanding, and except as provided in subsection (c), a member of
the Legislature, during his or her term of office, may not be an employee of any other branch
of state government, any department, agency, board, or commission of the state, or any public
educational institution including, but not limited to, a local board of education, a two-year
institution of higher education, or a four-year institution of higher education. For purposes
of this section, employee means any of the following: (1) An employee as defined in Section
36-27-1, or a teacher as defined in Section 16-25-1. An employee as defined in this subsection
shall not include any person receiving pension benefits from the Retirement Systems of Alabama.
(2) A person who is personally providing services under a personal...
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40-29B-4
Section 40-29B-4 Eligibility. (a) Notwithstanding any provision of law to the contrary, and
except as provided in subsection (b) of Section 40-29B-3, the following taxes are eligible
for amnesty: (1) Taxes due prior to January 1, 2017. (2) Taxes for taxable periods that began
before January 1, 2017. (b) Participation in the amnesty program shall be conditioned upon
the agreement of the taxpayer to waive any right to protest or initiate an administrative
or judicial proceeding. The agreement shall apply only to the specific tax and the tax period
for which amnesty is granted. (c) Amnesty may be granted only for eligible taxes to eligible
taxpayers who have not been contacted by the department in the past two years concerning the
tax type for which amnesty has been applied and who apply for amnesty during the amnesty period
prescribed by this chapter. Amnesty applications must be submitted in an electronic manner
as prescribed by the department. (d) Amnesty applications shall include a...
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