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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...
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40-7-25.1
Section 40-7-25.1 Current use value of Class III property - Definition; appraisal of property
at request of owner; legislative intent; applicability of section; method of valuation; factors
considered in appraisal; rules and regulations of Department of Revenue; hearing objections.
(a) For ad valorem tax years beginning on and after October 1, 1978, with respect to taxable
property defined in Section 40-8-1, as amended, as Class III property and upon request by
the owner of such property as hereinafter provided, the assessor shall base his appraisal
of the value of such property on its current use on October 1 in any taxable year and not
on its fair and reasonable market value. Failure of an owner of Class III property to request
appraisal at current use value shall mean that the property shall be valued on its fair and
reasonable market value as otherwise provided in this title until such time as the owner thereof
shall request valuation on the basis of current use value. As used in...
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40-9B-3
Section 40-9B-3 Definitions. (a) For purposes of this chapter, the following words and phrases
mean: (1) ABATE, ABATEMENT. A reduction or elimination of a taxpayer's liability for tax or
payments required to be made in lieu thereof. An abatement of transaction taxes imposed under
Chapter 23 of this title, or payments required to be made in lieu thereof, shall relieve the
seller from the obligation to collect and pay over the transaction tax as if the sale were
to a person exempt, to the extent of the abatement, from the transaction tax. (2) ALTERNATIVE
ENERGY RESOURCES. The definition given in Section 40-18-1. (3) CONSTRUCTION RELATED TRANSACTION
TAXES. The transaction taxes imposed by Chapter 23 of this title, or payments required to
be made in lieu thereof, on tangible personal property and taxable services incorporated into
an industrial development property, the cost of which may be added to capital account with
respect to the property, determined without regard to any rule which...
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40-18-56
Section 40-18-56 Furnishing sworn statement of annual return of income to department; penalties
for failure to comply; limitations on inspection of taxpayer's records. The Department of
Revenue may at any time, in its discretion, require the taxpayer to furnish a sworn statement
of the annual return of income made under the provisions of the act of Congress of the United
States for the calendar or fiscal year in question or for the preceding calendar or fiscal
year. Any person who shall willfully fail to comply with this demand shall be guilty of a
misdemeanor and, on conviction thereof, shall be fined not more than $100, and may be sentenced
to hard labor for the county for not more than six months, or both. No taxpayer shall be subjected
to unnecessary examination or investigation, and only one inspection of a taxpayer's books
or accounts shall be made for a taxable year unless the taxpayer requests otherwise or unless
the Department of Revenue, after investigation, notifies the...
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40-18-40
Section 40-18-40 Tax to be reported on forms; department may assess additional tax penalty
or interest. The income tax provided in this chapter shall be reported on forms as prescribed
by the department. The failure to receive such form from the department shall not relieve
a taxpayer from liability for any tax penalty or interest otherwise due. The tax due as reported
on such return shall constitute a prima facie liability for that amount. The department may
compute and assess additional tax penalty or interest against a taxpayer in accordance with
the procedures set forth in Chapter 2A of this title. (Acts 1935, No. 194, p. 256; Code 1940,
T. 51, §407; Acts 1992, No. 92-186, p. 349, §53.)...
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41-9-219.4
Section 41-9-219.4 Recapture of tax credit; notice (a) The Department of Revenue shall recapture,
from the taxpayer that claimed or is entitled to claim the credit on a return, the tax credit
allowed under this article if, at any time during the seven-year period beginning on the date
of the original issue to the qualified equity investment in a qualified community development
entity, one of the following occurs: (1) Where any amount of the federal tax credit available
with respect to a qualified equity investment that is eligible for a tax credit under this
article is recaptured under Section 45D of the Internal Revenue Code of 1986, as amended,
the Department of Revenue's recapture shall be proportionate to the federal recapture with
respect to that qualified equity investment, and may then reallocate the recaptured credits
to other qualified taxpayers in the year of recapture, without regard for the annual allocation
limitation found in Section 41-9-219.2. (2) The Department of...
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40-2-18
Section 40-2-18 Procedure after revaluation and equalization. Whenever the work of revaluing
and equalizing any class or classes of property has been completed by order of the Department
of Revenue, as provided herein, and the revised valuation has been entered on the tax return
list, the county board of equalization shall certify over their signatures to the correctness
thereof and shall deliver the tax return list showing the assessment and revaluation to the
assessing official of the county as their report, and the assessing official shall hold them
in his or her office subject to public inspection. The assessing official shall then give
notice by publication once a week for three consecutive weeks in a newspaper published in
the county, if any are published in the county and, if no newspaper is published in the county,
by posting notices in at least three public places in the county that the county board of
equalization has returned its report and that the same is open to public...
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40-18-146
Section 40-18-146 Political party defined; designated contribution by taxpayers filing state
income tax return; disposition of contributions. (a) For purposes of this article, the term
"political party" shall be defined as provided in Section 17-16-2. (b) Every individual
who files a state income tax return may designate a contribution to a political party as provided
under this section. Amounts of contributions for an individual return shall be $1 and, for
a joint return, $2. Such contributions shall increase the tax liability of the taxpayer by
the amount contributed. (c) The designation for a political party shall appear on the face
of the individual income tax return. The contributions so designated by the taxpayer and collected
by the State of Alabama, Department of Revenue, shall be reserved for remittance to the appropriate
officials of the state governing authority of the designated political party. The state Revenue
Commission shall annually certify by December 1, all such...
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40-30-3
Section 40-30-3 Definitions. Notwithstanding any other laws or understandings to the contrary,
the following terms shall have the following meanings throughout this chapter: (1) DEPARTMENT.
The Alabama Department of Revenue. (2) ELECTRONIC FILING. The filing of a tax return or other
document of any type by any medium acceptable to the department as provided by rule or regulation,
which may include but is not limited to the filing of returns and other documents by telephone
transmission, electronic transmission, disk transfer, automated clearing-house, value added
networks, or magnetic media. (3) ELECTRONIC RETURN ORIGINATOR. A firm, organization, or person
that provides services as an electronic return preparer, or an electronic return collector,
or both. (4) ELECTRONIC RETURN PREPARER. A firm, organization, or person who prepares tax
returns including filing declarations, for taxpayers who intend to have their returns electronically
filed. (5) ELECTRONIC RETURN COLLECTOR. A firm,...
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40-18-42
Section 40-18-42 Time and methods of payment of tax. (a) Time of payment for individuals. In
the case of individuals, the total balance of the tax owed after credits for taxes paid through
withholding as provided in Section 40-18-78, or through estimated payments as provided in
Sections 40-18-82 and 40-18-83, shall be due and payable at the same time as the due date
of an original return. (b) Time of payment for fiduciaries. In the case of fiduciaries, the
total amount of the tax imposed by this chapter shall be paid on April 15 following the close
of the calendar year or, if the return should be made on the basis of a fiscal year, then
on the fifteenth day of the fourth month following the close of the fiscal year. (c) Time
of payment for corporations. In the case of corporations, the balance of the tax owed after
credits for taxes paid through estimated payments as provided in Section 40-18-80.1 shall
be due and paid at the same time as the due date of an original return. (d)...
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