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40-17-382
Section 40-17-382 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. (a) All local taxing jurisdictions
in the state shall authorize use of the system for any taxpayer required to file a return
for a local motor fuel tax calculated on a per gallon basis and remit the tax payments. The
return shall include, but not be limited to, the name of the store, the physical address of
the store, the sales tax number of each store, the number of gallons of excise taxable motor
fuel sold by the distributor to the store, the local excise tax paid, and any other information
required by the department. Any taxpayer using the system for filing an electronic tax return
for a local taxing jurisdiction shall be required to simultaneously remit payment through
the system or through another method of payment accepted by the local taxing jurisdiction
or its designee for which payment is being made. (b) Not later...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-17-382.htm - 3K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-17-340.htm - 2K - Match Info - Similar pages
40-17-349
Section 40-17-349 Violations. (a) Persons violating any provision of this article may be restrained
from distributing, using, or withdrawing from storage any taxable motor fuel, as herein defined,
and may be prosecuted in the name of the State of Alabama by the Attorney General or, under
his or her direction, by a district attorney or, with the approval of the Governor, an attorney
employed by the department until that person has complied with this article. (b) It shall
be unlawful for any person to sell for use or to use motor fuel upon which the tax levied
by this article has not been paid or the payment assumed by a licensee. Any person who willfully
fails to comply with this article, for each failure, shall be subject to a penalty imposed
by the department of not less than one hundred dollars ($100) nor more than ten thousand dollars
($10,000). (Act 2011-565, p. 1084, §30.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-17-349.htm - 1K - Match Info - Similar pages
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.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-17-344.htm - 1K - Match Info - Similar pages
40-17-352
Section 40-17-352 Criminal penalties. (a) Any person who willfully does any of the following
is guilty of a misdemeanor and upon conviction thereof shall be fined not less than five thousand
dollars ($5,000) nor more than twenty-five thousand dollars ($25,000), or imprisoned for not
more than one year, or both: (1) Fails to obtain a license as required by this article prior
to engaging in an activity for which a license is required. (2) Fails to pay to this state
no more than 30 days after the date the tax is due the tax levied by this article. (3) Makes
a false statement on an application, return, ticket, invoice, statement, or any other document
required under this article. (4) Fails to file no more than 30 days after it is due any return
required by this article. (5) Fails to maintain any record required by this article. (6) Makes
a false statement in an application for a refund. (7) Fails to make required disclosure of
the correct amount of fuel sold or used in this state. (8)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-17-352.htm - 3K - Match Info - Similar pages
40-17-335
Section 40-17-335 Surety bond. (a) Upon approval of the application by the department, the
applicant shall file with the department a surety bond as herein provided: (1) Except as provided
under subdivision (3), the bond amount for an applicant for a license as a supplier, permissive
supplier, or terminal operator shall be in the approximate amount of twice the average monthly
tax liability, not to exceed two million dollars ($2,000,000). (2) Except as provided under
subdivision (3), the bond amount for an applicant for a license as an exporter, blender, importer,
or distributor shall be a minimum of two thousand dollars ($2,000) or the approximate amount
of twice the average monthly tax liability, whichever is greater. (3) The bond for distributors,
suppliers, and permissive suppliers who are licensed with the department on October 1, 2012,
shall remain at the amount that is filed with the department on that date, except as provided
under subsection (b). (4) For an applicant for a...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-17-335.htm - 4K - Match Info - Similar pages
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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40-23-1
Section 40-23-1 Definitions; transactions considered or not considered sales. (a) For the purpose
of this division, the following terms shall have the respective meanings ascribed by this
section: (1) PERSON or COMPANY. Used interchangeably, includes any individual, firm, copartnership,
association, corporation, receiver, trustee, or any other group or combination acting as a
unit and the plural as well as the singular number, unless the intention to give a more limited
meaning is disclosed by the context. (2) DEPARTMENT. The Department of Revenue of the State
of Alabama. (3) COMMISSIONER. The Commissioner of Revenue of the State of Alabama. (4) TAX
YEAR or TAXABLE YEAR. The calendar year. (5) SALE or SALES. Installment and credit sales and
the exchange of properties as well as the sale thereof for money, every closed transaction
constituting a sale. Provided, however, a transaction shall not be closed or a sale completed
until the time and place when and where title is transferred by...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-23-1.htm - 20K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-17-370.htm - 2K - Match Info - Similar pages
40-29B-3
Section 40-29B-3 General criteria. (a) The department shall develop and implement a tax amnesty
program in accordance with this chapter. The commissioner may adopt rules necessary for the
implementation and administration of the program. The commissioner shall publicize the program
in order to maximize public awareness of and participation in the program. The commissioner
may publicize the program by contracting with any advertising agency within or outside the
state and use public service announcements, pamphlets, mail notices, and print, television,
and radio announcements. The publications shall operate to increase public awareness that
the program will provide amnesty for taxpayers who have not been contacted by the department
in the past two years concerning the tax type for which amnesty is being applied. (b) The
tax amnesty program shall be effective for the period beginning July 1, 2018, and ending on
September 30, 2018. The program shall apply to all taxes administered by the...
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