Code of Alabama

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40-17-343
Section 40-17-343 Deductions from monthly return for payments not previously remitted; administrative
discount. (a) The supplier or permissive supplier may deduct from the next monthly return
those tax payments that were not remitted for the previous month to the supplier or permissive
supplier by any licensed distributor or any licensed importer who removed motor fuel on which
the tax is due from the supplier's or permissive supplier's terminal. The licensed supplier
or permissive supplier is eligible to take this deduction if the licensed supplier or permissive
supplier notifies the state within 20 business days after a return is due of any licensed
distributor, importer, or exporter who did not pay to the supplier or permissive supplier
the tax due this state by the time the supplier or permissive supplier filed the monthly return
and if, when a licensed distributor or licensed importer fails to remit the tax to the licensed
supplier or permissive supplier, the licensed supplier or...
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40-17-344
Section 40-17-344 Payments held in trust for the state; notification of nonpayment. (a) All
tax payments due to this state that are received by a supplier or permissive supplier shall
be held by the supplier or permissive supplier as trustee in trust for this state, and the
supplier or permissive supplier has a fiduciary duty to remit to the department the amount
of tax received. A supplier or permissive supplier is liable for the taxes paid to it. (b)
A supplier or permissive supplier of motor fuel at a terminal shall notify the department
within the time period established by the department of any licensed distributors, licensed
exporters, or licensed importers who did not pay the tax due when the supplier or permissive
supplier filed its return. The notice shall be transmitted in the form required by the department.
(Act 2011-565, p. 1084, §25.)...
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8-17-97
Section 8-17-97 Collection and payment of inspection fee; filing requirements; rulemaking authority.
(a) It shall be the duty of the person first selling dyed diesel fuel, dyed kerosene, or lubricating
oil in this state or importing dyed diesel fuel, dyed kerosene, or lubricating oil into the
state, on which an inspection fee is due to collect and pay such inspection fee to the Department
of Revenue each month in respect of all dyed diesel fuel, dyed kerosene, or lubricating oil
sold or imported in the state during the preceding month unless the purchaser is an inspection
fee permit holder. (b) It shall be the duty of the supplier or permissive supplier to collect
and pay the inspection fee to the Department of Revenue each month in respect of all dyed
diesel fuel or dyed kerosene destined for Alabama that is sold to an importer that does not
have a valid inspection fee permit issued by the Alabama Department of Revenue. (c) It shall
be the duty of the supplier or permissive supplier...
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40-17-340
Section 40-17-340 Filing of monthly return and payment due. (a) Each supplier, importer, blender,
permissive supplier, and exporter shall file the monthly return required herein, in a format
prescribed by the commissioner, on or before the 22nd day of each calendar month for the preceding
month. (b) Other than importers, the tax levied by this article shall be paid to the department
by each taxpayer on or before the 22nd day of each calendar month for the preceding month
and shall be accompanied by any required returns. The department may require all or certain
taxpayers to file tax returns and payments electronically. (c) Importers importing motor fuel
from a bulk plant or some other non-terminal storage location shall pay the tax levied by
this article to the department on or before the 22nd day of each calendar month for the preceding
month, and the payment shall be accompanied by any required returns. The department may require
all or certain taxpayers to file tax returns and...
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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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40-2-11
Section 40-2-11 Powers and duties generally. It shall be the duty of the Department of Revenue,
and it shall have the power and authority, in addition to the authority now in it vested by
law: (1) To have and exercise general and complete supervision and control of the valuation,
equalization, and assessment of property, privilege, or franchise and of the collection of
all property, privilege, license, excise, intangible, franchise, or other taxes for the state
and counties, and of the enforcement of the tax laws of the state, and of the several county
tax assessors and county tax collectors, probate judges, and each and every state and county
official, board, or commission charged with any duty in the enforcement of tax laws, to the
end that all taxable property in the state shall be assessed and taxes shall be imposed and
collected thereon in compliance with the law and that all assessments on property, privileges,
intangibles, and franchises in the state shall be made in exact...
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40-17-345
Section 40-17-345 Import verification number; licensing. (a) Any importer bringing motor fuel
into this state in a transport truck, or by other means outside the terminal transfer system,
who has not acquired the fuel from a supplier or permissive supplier who has pre-collected
the tax shall be required to obtain an import verification number from the department or its
designee prior to the actual importation of that fuel. (b) An importer who knowingly imports
taxable motor fuel in a transport truck in violation of the provisions of this article, without
either a valid importer's license or supplier's license and either an import verification
number or a shipping paper showing on its face that the tax on the fuel is not due shall be
subject to a civil penalty of one thousand dollars ($1,000) for each occurrence, to be multiplied
by the sum of the current violation plus prior violations. (c) When obtaining an import verification
number an importer is required to show that number on a...
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8-17-96
Section 8-17-96 Inspection fee permit; liability of surety. (a) The supplier or permissive
supplier of gasoline or undyed diesel fuel sold to a licensed exempt entity other than the
federal government at the rack, or the supplier or permissive supplier selling dyed diesel
fuel or dyed kerosene at the rack at an out-of-state terminal to an importer for delivery
into Alabama that does not have a valid inspection fee permit issued by the Alabama Department
of Revenue, or the person first selling, the person importing, or the person who makes application
to become an inspection fee permit holder of dyed diesel fuel, dyed kerosene, or lubricating
oil in this state shall submit an application for an inspection fee permit to the department,
which shall be approved by the department. Upon approval of the inspection fee application,
the department shall issue to the applicant an inspection fee permit. This permit is not transferable
and remains in effect until surrendered or canceled. (b) The...
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40-17-165
Section 40-17-165 Tax on out-of-state vehicles; remittance; purchase of decals for out-of-state
vehicles. If an out-of-state vehicle comes to a propane dealer or supplier in the State of
Alabama to purchase fuel, the dealer must collect in lieu of any fees levied by this chapter
an amount equal to the current Alabama motor fuel tax in effect as prescribed by subdivision
(a)(2) of Section 40-17-325, and remit these funds to the Alabama LP-Gas Board before the
20th of the following month after the date of the sale. Decals for out-of-state vehicles can
be purchased with decal fees and issuance fees to be paid as prescribed by Sections 40-17-160
and 40-17-161. (Acts 1980, No. 80-739, p. 1503, §6; Acts 1981, 3rd Ex. Sess., No. 81-1136,
p. 409, §1; Act 2014-145, p. 353, §1; Act 2017-229, §1.)...
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40-17-174
Section 40-17-174 Wholesale oil license fee; import license fee; exemption. (a) Each person,
firm, corporation, or agency selling diesel fuel, other than transmix, across the rack at
a terminal within this state shall pay to the Department of Revenue for the use of the state,
within two weeks from the beginning of the fiscal year, a wholesale oil license fee equal
to three-fourths of one cent per gallon for each gallon of diesel fuel so sold during the
preceding fiscal year, including all diesel fuel whether manufactured or imported into the
state prior to the sale. Exempted from this fee shall be diesel fuel exported from this state
for which proof of export is available in the form of a terminal issued shipping document.
(b) Each importer of diesel fuel, other than transmix, into this state, other than by a bulk
transfer, for delivery to a destination in this state shall pay to the Department of Revenue
for the use of the state within two weeks from the beginning of the fiscal year,...
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