Code of Alabama

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40-18-14.2
Section 40-18-14.2 Adjusted gross income. (a) The term "adjusted gross income," as
used in this section, shall mean the gross income as defined by Section 40-18-14, minus the
following deductions: (1) The deductions allowed by this chapter, other than the net operating
loss deduction allowed under Section 40-18-15.2, which are attributable to a trade or business
carried on by the taxpayer if the trade or business does not consist of the performance of
services by the taxpayer as an employee; (2) The deduction allowed by this chapter for travel
expenses of Alabama state legislators while away from home to the extent reimbursed by the
State of Alabama; (3) The deductions allowed by this chapter which consist of expenses paid
or incurred by the taxpayer in connection with the performance by him or her of services as
an employee, to the extent reimbursed by his or her employer; (4) The deductions allowed by
this chapter attributable to property held for the production of rents or...
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40-18-25.1
Section 40-18-25.1 Estates and trusts - Exemptions. (a) Trusts shall be exempt from the tax
imposed by this chapter if they are exempt from federal income tax under 26 U.S.C. § 501
(relating to exempt organizations), § 401 (relating to pension and profit sharing trusts),
§ 408 and § 408A (relating to individual retirement accounts and individual retirement annuities),
§ 530 (relating to Coverdell education savings accounts), or § 664 (relating to charitable
remainder trusts). The foregoing exemption shall not apply, however, to any entity that is
not exempt from federal income tax by reason of 26 U.S.C. §§ 502 or 503, nor to any income
of an otherwise exempt organization to the extent that such income constitutes "unrelated
business taxable income," as defined in 26 U.S.C. § 512. (b) The taxation of distributions
from a trust described in 26 U.S.C. § 401 that constitutes a "defined contribution plan"
as defined in 26 U.S.C. § 414(i) shall be determined in accordance with 26...
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40-18-25
Section 40-18-25 Estates and trusts. (a) For purposes of this chapter, the income and deductions,
including the distribution deduction, of estates and trusts shall be determined in accordance
with Subchapter J of Chapter 1 of Subtitle A of the Internal Revenue Code, 26 U.S.C. §641
et seq., relating to estates, trusts, beneficiaries, and decedents, except as otherwise provided
in this section. (1) The income and deductions shall be increased by any items that are includable
or deductible by an individual in computing Alabama income tax but are not includable or not
deductible by an individual in computing federal income tax. (2) The income and deductions
shall be decreased by any items that are not includable or not deductible by an individual
in computing Alabama income tax but are includable or deductible by an individual in computing
federal income tax. (b) For purposes of this chapter, the income and deductions of beneficiaries
of estates and trusts, and persons who are treated as...
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40-18-310
Section 40-18-310 Definitions. As used in this article, the following terms shall have the
following meanings: (1) CATASTROPHE SAVINGS ACCOUNT. A regular savings account or money market
account established by an insurance policyholder who is a state income taxpayer for residential
property in this state to cover an insurance deductible under an insurance policy for the
taxpayer's legal residence property that covers hurricane, rising floodwaters, or other catastrophic
windstorm event damage or by an individual to cover self-insured losses for the taxpayer's
legal residence from a hurricane, rising floodwaters, or other catastrophic windstorm event.
The account must be labeled as a catastrophe savings account in order to qualify as a catastrophe
savings account as defined in this article. A taxpayer may establish only one catastrophe
savings account and shall specify that the purpose of the account is to cover the amount of
insurance deductibles and other uninsured portions of risks of...
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40-2A-11.1
Section 40-2A-11.1 Civil penalties for unethical tax preparation conduct. (a) For purposes
of the individual income tax imposed by Chapter 18, if there is an understatement of liability
on a return that would cause a tax return preparer to be subject to the penalties imposed
by 26 U.S.C. §6694, except §6694(c), §6700, or §6701, and if any of the failures enumerated
in 26 U.S.C. §6695, except §6695(e) and (g), occurs, the department may impose upon the
tax return preparer a penalty in accordance with 26 U.S.C. §§6694(a), (b), (d), (e), and
(f); §§6695(a), (b), (c), (d), and (f); §§6696(a) and (c), §6700, and §6701, as in effect
from time to time. (b) For purposes of this section: (1) "Subject to this title"
shall be substituted for references in the specified federal statutes to "imposed by
subtitle A." (2) "Commissioner" will be substituted for references in the specified
federal statutes to "secretary." (3) References in these federal statutes to federal
district courts...
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40-18-25.2
Section 40-18-25.2 Estates and trusts - Deductions from gross income of net operating loss.
(a) Nothing in Act 2006-114 shall be construed to change or otherwise affect a taxpayer's
liability relating to a tax year beginning prior to the effective date of Act 2006-114. (b)
Should: (1) any trust which is described in Section 40-18-25(b), or (2) any business trust,
as such term is defined in Section 40-18-1(1), which is classified as a disregarded entity
for federal income tax purposes, be taxed separately from its owner or owners during tax years
prior to the effective date of Act 2006-114, any net operating loss of such trust existing
on December 31, 2004, shall be allowed as a deduction from the gross income, or net income,
of the owner or owners of the trust in a tax year beginning after December 31, 2004. (c) The
deduction allowed in subsection (b) to the owner or owners of the trust shall be in an amount
not to exceed the greater of the following amounts: (1) the amount which is...
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40-18-39
Section 40-18-39 Corporate returns. (a) Except as provided in subsection (c), every corporation,
joint stock company, or association subject to income tax under this chapter shall file a
return with the Department of Revenue for each taxable year, stating specifically the items
of its gross income and the deductions and credits allowed by this chapter. In cases where
receivers, trustees in bankruptcy, or assignees are operating the property or business of
corporations, such receivers, trustees, or assignees shall file returns for such corporations
in the same manner and form as corporations are required to file returns. Any tax due on the
basis of such returns filed by receivers, trustees, or assignees shall be collected in the
same manner as if collected from the corporations of whose business or property they have
custody and control. Returns shall be filed by the same date as the corresponding federal
income tax returns are required to be filed as provided under federal law. The...
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40-14A-34
Section 40-14A-34 (Repealed for taxable years beginning on or after January 1, 2002.) Definition
of taxable shares base. The taxable shares base shall be determined as follows: (a) Multiply
the corporation's initial taxable shares base by the apportionment factor used to apportion
the corporation's income to Alabama for purposes of the Alabama income tax in accordance with
Chapter 18 or that would be used if the corporation were subject to income tax under Chapter
18. (b) From the amount determined in subsection (a), deduct the following: (1) The book value
of all devices, facilities, or structures, and all identifiable components or materials for
use therein, that are located in Alabama and are acquired or constructed primarily for the
control, reduction, or elimination of air, ground, or water pollution or radiological hazards
where such pollution or radiological hazards result from or would be caused by activities
of the taxpayer in Alabama; (2) The net amount invested by the...
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40-18-413
Section 40-18-413 (Per Section 40-18-416, this section is repealed following the close of fiscal
year 2020) Scope and use of Growing Alabama Credits. (a) A taxpayer is allowed a Growing Alabama
Credit to be applied against the tax levied by this chapter. In no event shall the Growing
Alabama Credit cause a taxpayer's income tax liability to be reduced by more than 50 percent.
Unused credits may be carried forward for no more than five years. (b) Growing Alabama Credits
shall be granted to taxpayers using an online system administered by the Department of Revenue.
The online system shall allow taxpayers to agree to make a cash contribution to an economic
development organization which was approved by the Renewal of Alabama Commission, as provided
in Section 40-18-412. The online system shall ensure that credits are not granted for contributions
to an economic development organization in excess of the amounts approved by the Renewal of
Alabama Commission, as provided in Section...
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24-11-7
Section 24-11-7 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE MARCH 28, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. Deduction of Contributions,
Exclusion of Earnings, and Limitations. (a) Except as otherwise provided in this chapter and
subject to the limitations under this section, a first-time and second chance home buyer savings
account holder shall be entitled to a state tax deduction, subject to the limitations of this
section, not to exceed five thousand dollars ($5,000) for an account holder who files an individual
tax return or ten thousand dollars ($10,000) for joint account holders who file a joint tax
return, for contributions made by the account holder to a first-time and second chance home
buyer savings account during the tax year in which the deduction is claimed. (b) Except as
otherwise provided in this chapter and subject to the limitations under this section, earnings
from the first-time and second chance home buyer...
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