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40-17-327
Section 40-17-327 Taxable unaccounted for motor fuel losses at a terminal. (a) There is hereby
annually levied a tax at the rates specified by Section 40-17-325 on taxable unaccounted for
motor fuel losses at a terminal in this state. For the purposes of this section, taxable unaccounted
for motor fuel losses shall mean the number of net gallons of unaccounted for motor fuel losses
that exceed one half of one percent of the number of net gallons removed from the terminal
during the year by a bulk transfer or at the terminal rack. Unaccounted for motor fuel losses
means the difference between: (1) The amount of motor fuel in inventory at the terminal at
the beginning of the calendar year plus the amount of motor fuel received by the terminal
during the year; and (2) the amount of motor fuel in inventory at the terminal at the end
of the calendar year plus the amount of motor fuel removed from the terminal during the year.
Accounted for motor fuel losses which have been approved by the...
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8-17-99
Section 8-17-99 Deduction on monthly returns. (a) The person first selling, the person importing,
or the inspection fee permit holder of dyed diesel fuel or dyed kerosene may take a deduction
on the monthly return for sales of dyed diesel fuel or dyed kerosene to the following: (1)
United States Government. (2) Exports by the inspection fee permit holder. (3) Sales from
one Alabama inspection fee permit holder to another Alabama inspection fee permit holder.
(4) Sales to the ultimate consumer for use in firing steam boilers or combustion generating
turbines by compression. (b) The person first selling, the person importing, or the inspection
fee permit holder of lubricating oil may take a deduction on the monthly return for sales
of lubricating oil to the following: (1) United States Government. (2) Exports by the inspection
fee permit holder. (3) Sales from one Alabama inspection fee permit holder to another Alabama
inspection fee permit holder. (Act 2015-54, p. 198, §3; Act...
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40-17-380
Section 40-17-380 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE MAY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. For the purposes of this
article, the following words have the following meanings: (1) DEPARTMENT. The Alabama Department
of Revenue. (2) DIESEL FUEL. Any liquid that is advertised, offered for sale, or sold for
use as or used as a motor fuel in a diesel-powered engine. Diesel fuel includes #1 and #2
fuel oils, kerosene, special fuels, and blended fuels which contain diesel fuel, but does
not include gasoline or aviation fuel. (3) DYED DIESEL FUEL. Diesel fuel that meets the dyeing
and marking requirements of 26 U.S.C §4082. (4) GASOLINE. Any product commonly or commercially
known as gasoline, or any substitute therefor, regardless of classification, that is advertised,
offered for sale, or sold for use as or used as fuel in an internal combustion engine, including
gasohol and blended fuel which contains gasoline. Gasoline...
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40-17-347
Section 40-17-347 Monthly informational report of terminal operators; annual report. (a) A
terminal operator shall file with the department a monthly informational report showing the
amount of motor fuel received and removed from the terminal during the month. The report is
due by the last day of the month following the month covered by the report. The report shall
contain all of the following information and any other information required by the department:
(1) The terminal code assigned by the Internal Revenue Service. (2) The beginning and ending
inventory which pertains to the applicable reporting month. (3) The number of net gallons
of motor fuel received in inventory at the terminal during the month and each position holder
for the motor fuel. (4) The number of net gallons of motor fuel removed from inventory at
the terminal during the month and, for each removal, the position holder for the motor fuel
and the destination state of the motor fuel. (5) The number of net gallons of...
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40-17-370
Section 40-17-370 Levy, administration, and collection of additional excise tax. (a) Effective
for tax periods beginning after August 31, 2019, an additional excise tax of six cents ($0.06)
is imposed on each net gallon of gasoline and diesel fuel. (b) Effective October 1, 2020,
this additional excise tax is increased by two cents ($.02) to eight cents ($0.08) on each
net gallon of gasoline and diesel fuel. (c) Effective October 1, 2021, this additional excise
tax is increased by two cents ($.02) to ten cents ($0.10) on each net gallon of gasoline and
diesel fuel. (d) Beginning October 1, 2023, and on July 1 of every other year thereafter,
the excise tax rate provided in this section shall be adjusted by the percentage change in
the yearly average of the National Highway Construction Cost Index (NHCCI) issued by the U.
S. Federal Highway Administration (FHWA) for the most recent 12-month period ending December
31, compared to the base year average, which is the average for the 12-month...
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40-17-362
Section 40-17-362 Use of tax proceeds for highway purposes. (a) For the purposes of this section,
the following words and phrases shall have the following meanings: (1) BRIDGE REPLACEMENT.
Bridge replacement includes the replacement of existing bridge structures and, if necessary,
the realignment of the adjacent approaches. (2) RESURFACING, RESTORATION, AND REHABILITATION.
Work undertaken primarily to preserve an existing facility. Restoration and rehabilitation
is work required to return the existing pavement or bridge deck, including shoulders, to a
condition of adequate structural support or to a condition adequate for placement of an additional
state of construction. Resurfacing consists of the placement of additional surface material
over the existing, restored, or rehabilitated roadway or bridge deck to improve serviceability
or to provide additional strength. Resurfacing, restoration, and rehabilitation work may include
changes to geometric features, such as minor widening,...
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40-17-359
Section 40-17-359 Distribution and use of proceeds. (a) For the purpose of this section, the
following terms shall have the meanings ascribed below: (1) BASE ANNUAL COUNTY DISTRIBUTION.
Five hundred fifty thousand dollars ($550,000). (2) COST OF COLLECTION. The amounts from the
proceeds of the highway gasoline tax that may be appropriated by the Legislature to the department
for its operating expenses. (3) COUNTY. Each county in the state. (4) FISCAL YEAR. The fiscal
year of the state. (5) DEPARTMENT OF TRANSPORTATION. The Department of Transportation of the
state. (6) HIGHWAY GASOLINE TAX. Both of the following: a. The excise tax levied under subdivision
(1) of subsection (a) of Section 40-17-325, with the exception of those portions of the tax
levied on aviation fuel and marine gasoline. b. The excise tax levied by Sections 40-17-140
to 40-17-155, inclusive, except that portion of the tax imposed on diesel fuel. (7) LOCAL
SUBDIVISIONS' SHARES OF THE NET TAX PROCEEDS. The 55 percent...
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23-8-2
Section 23-8-2 Legislative findings. The Legislature finds all of the following: (a) That consistent
with the constitutional mandate that navigable waterways are public highways, the Legislature
hereby finds as a fact that a portion of the gasoline and diesel fuel sold in this state is
used for marine purposes to propel vessels on coastal and inland waterways of this state.
(b) That it is the policy of this state to use a portion of the funds derived from the additional
excise tax levied by the Rebuild Alabama Act on each net gallon of gasoline and diesel fuel
for the programs and activities of the Alabama State Port Authority. (c) That the development
and growth of electric vehicle transportation infrastructure are considerations in the construction,
reconstruction, maintenance, and repair of a modern-day public road, highway, and bridge system
in this state. (d) That the State Department of Transportation is the appropriate agency to
initiate the comprehensive planning and...
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40-17-371
Section 40-17-371 Cost of collection; distribution of tax proceeds. (a) The Alabama Department
of Revenue shall retain one-quarter of one percent (0.25%) of the tax proceeds, less any refunds,
from this additional excise tax on gasoline and diesel fuel for its cost of collection. The
department may adopt rules and such forms as may be necessary for the administration of the
excise tax provided for in this article. (b) Each month, prior to the remaining payments provided
in this article, up to $750,000 of the tax proceeds from the additional excise tax on gasoline
and up to $230,000 of the tax proceeds from the additional excise tax on diesel fuel shall
be distributed first to the Alabama Highway Finance Corporation for the payment of the principal
of and interest on bonds to be issued by it to finance improvements to the ship channel providing
access to the facilities of the Alabama State Docks, to the extent necessary for such purpose.
The amount distributed pursuant to this section...
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40-17-168.2
Section 40-17-168.2 Levy and collection of tax; application and fee. (a) There is hereby levied
a reduced rate excise tax on compressed natural gas (CNG) and liquefied natural gas (LNG)
in an amount of $.08 per GGE or DGE effective October 1, 2018. Effective October 1, 2023,
the reduced rate excise tax on compressed natural gas (CNG) and liquefied natural gas (LNG)
will increase to $.13 per GGE or DGE. Effective October 1, 2028, the excise tax on compressed
natural gas (CNG) will increase to the gasoline excise tax rate as prescribed by subsection
(a)(1) of Section 40-17-325 per gasoline gallon equivalent (GGE) and the excise tax on liquefied
natural gas (LNG) will increase to the diesel fuel excise tax rate as prescribed by subsection
(a)(2) of Section 40-17-325 per diesel gallon equivalent(DGE). Effective October 1, 2028,
in the event that an additional gasoline excise tax, which is not referenced in subsection
(a)(1) of Section 40-17-325, is levied, the excise tax on compressed...
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