40-18-35.1
Section 40-18-35.1 Carry forward of net operating losses. In computing the taxable income
of corporations subject to income tax as outlined in Section 40-18-35, there shall
be allowed, in addition to the deductions specified therein, a deduction for the sum of the
net operating losses which may be carried forward to the taxable year for which the net income
of the corporation is being computed. (1) The term "net operating loss" for the
purposes of this section means the excess of the deductions (other than the deduction
allowed by this subdivision) allowed by this chapter during a taxable year of the corporation
over the corporation's gross income during that taxable year. For purposes of this paragraph,
the corporation's gross income and allowable deductions shall be determined under the provisions
of this chapter applicable to the year in which the net operating loss arises. (2) A net operating
loss shall be carried forward to the earliest subsequent taxable year in which the...
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40-16-10
Section 40-16-10 Computation of net income of financial institutions. (a) In computing
the net income of financial institutions subject to the tax imposed by this chapter, there
shall be allowed, in addition to the deductions specified therein, a deduction for the sum
of the net operating losses which may be carried forward to the taxable year for which the
net income of the financial institution is being computed. (1) The term "net operating
loss" for the purposes of this chapter means the amount by which net income of the financial
institution, before the deduction allowed by this section, with respect to a taxable
year is less than zero. For purposes of this section, the financial institution's net
income shall be determined under this chapter applicable to the year in which the net operating
loss arises. (2) A net operating loss shall be carried forward to the earliest subsequent
taxable year in which the financial institution has net income greater than zero, determined
without...
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40-18-174
Section 40-18-174 Tax imposed on certain built-in gains. (a) If for any taxable year
beginning in the recognition period an Alabama S corporation has a net recognized built-in
gain, there is hereby imposed a tax (computed under subsection (b)) on the income of such
corporation for such taxable year. (b)(1) The amount of the tax imposed by subsection (a)
shall be computed by multiplying five percent by the net recognized built-in gain of the Alabama
S corporation for the taxable year. (2) Notwithstanding Section 40-18-168, any net
operating loss carryforward which would be deductible except for Section 40-18-168
and which arose in a taxable year for which the corporation was not an Alabama S corporation,
shall be allowed as a deduction against the net recognized built-in gain of the Alabama S
corporation for the taxable year. For purposes of determining the amount of any such loss
which may be carried to subsequent taxable years, the net recognized built-in gain shall be
treated as...
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40-18-15.2
Section 40-18-15.2 Net operating loss. Individuals may calculate a net operating loss
from a trade or business and apply the net operating loss against prior taxable income or
future taxable income pursuant to this section. (1) For purposes of this section,
the term "net operating loss" means the excess of the deductions allowed by this
chapter over the gross income. The excess shall be computed with the modifications specified
in subdivision (5). (2) A net operating loss may be carried back to each of the two taxable
years preceding the taxable year of the loss. A net operating loss carryover may be carried
to each of the 15 years following the taxable year of the loss. (3) The entire amount of the
net operating loss for any taxable year (hereinafter referred to as the "loss year")
shall be carried to the earliest of the taxable years to which, by reason of subdivision (2)
that loss may be carried. The portion of the loss which shall be carried to each of the other
taxable years shall...
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40-16-11
Section 40-16-11 Transition rules for Financial Institution Excise Tax Reform Act of
2019. This section provides for transition rules for the implementation of the Financial
Institution Excise Tax Reform Act of 2019. (1) Act 2019-284 imposes for the first time a system
of prepaid estimated tax payments patterned after the federal system and transitions the Financial
Institution Excise Tax from the current post-payment system. To account for this transition,
the Department of Revenue shall waive both penalties and interest attributable to underpayments
of estimated tax payments occurring within the first two applicable tax years and not attributable
to an intentional disregard of the law. (2) Act 2019-284's conformity of the depreciation
deduction allowed in the calculation of the tax due under this chapter with the corollary
deduction allowed for federal income tax purposes, as well as the act's express rejection
of the federal Tax Cuts and Jobs Act of 2017's (i) limitations on the...
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40-18-1
Section 40-18-1 Definitions. For the purpose of this chapter, the following terms shall
have the respective meanings ascribed by this section: (1) ADVANCED FOSSIL-BASED GENERATION.
The production of electricity from fossil-based generation with the use of technology or efficiency
improvements to control or reduce carbon emissions, including but not limited to, technologies
described in 26 U.S.C. § 48A(f), as such provision existed on December 31, 2007. (2) ALTERNATIVE
ENERGY RESOURCES. Coal gasification or liquefaction, nuclear, and advanced fossil-based generation.
(3) BIOMASS. Animals and plants, and the waste, by-products, or derivatives of either, including,
but not limited to, the materials described in 26 U.S.C. §§ 45(c)(2), 45(c)(3), 45K(c)(3),
or 48B(c)(4). (4) BUSINESS TRUST. Any entity which is a business trust for federal income
tax purposes. (5) CAPTIVE REIT. Any REIT whose shares or certificates of beneficial interest
are not regularly traded on an established...
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40-27-1
Section 40-27-1 Compact adopted; terms. The following Multistate Tax Compact is hereby
approved, adopted and enacted into law by the State of Alabama: Multistate Tax Compact Article
I. Purposes. The purposes of this compact are to: 1. Facilitate proper determination of state
and local tax liability of multistate taxpayers, including the equitable apportionment of
tax bases and settlement of apportionment disputes. 2. Promote uniformity or compatibility
in significant components of tax systems. 3. Facilitate taxpayer convenience and compliance
in the filing of tax returns and in other phases of tax administration. 4. Avoid duplicative
taxation. Article II. Definitions. As used in this compact: 1. "State" means a state
of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory
or possession of the United States. 2. "Subdivision" means any governmental unit
or special district of a state. 3. "Taxpayer" means any corporation, partnership,
firm,...
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40-18-33
Section 40-18-33 Corporate income tax - Taxable income. In the case of a corporation
subject to the tax imposed by Section 40-18-31, the term "taxable income"
means federal taxable income without the benefit of federal net operating losses plus the
additions prescribed and less the deductions and adjustments allowed by this chapter and as
allocated and apportioned to Alabama. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §400;
Act 98-502, p. 1083, §1; Act 99-664, 2nd Sp. Sess., p. 124, §1.)...
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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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40-18-161
Section 40-18-161 Determination of taxable income. (a) The taxable income of an Alabama
S corporation shall be determined in the same manner as in the case of an individual except
that the items determined in subdivision (1), subsection (a) of Section 40-18-162 shall
be separately stated, and the following deductions shall not be allowed: (1) Personal exemptions
otherwise allowed by Section 40-18-19. (2) Charitable contributions otherwise allowed
by Section 40-18-15, subdivision (a)(10). (3) The net operating loss deduction otherwise
allowed by Section 40-18-15, subdivision (a)(16). (4) Medical expenses otherwise allowed
by Section 40-18-15, subdivision (a)(13). (5) Alimony otherwise allowed by Section
40-18-15, subdivision (a)(18). (6) The deduction for certain expenses of producing income
and determining taxes otherwise allowed by Section 40-18-15, subdivision (a)(14). (7)
Contributions to individual retirement accounts otherwise allowed by Section 40-18-15,
subdivision (a)(11). (8)...
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