Code of Alabama

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40-17-180
Section 40-17-180 Effect of acceptance of money on recovery of balance. The acceptance of any
money paid for the excise tax provided for in this article shall in no way preclude the collection
of the money actually due; provided, that the money actually paid shall constitute a credit
against the money actually due. In the event of the payment of an amount in excess of the
amount due, the department may credit such excess against the tax due for any subsequent monthly
period, or such excess may be refunded pursuant to the refund procedures in Chapter 2A of
this title, provided, that no credit shall be allowed unless made within the time provided
for refunds under Chapter 2A of this title. (Acts 1935, No. 194, p. 256; Code 1940, T. 51,
§640; Acts 1943, No. 472, p. 437; Acts 1951, No. 941, p. 1608, §1; Acts 1992, No. 92-186,
p. 349, §51.)...
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40-9F-5
Section 40-9F-5 Recapture of credits; assessment. (a) Recapture of any of the credit shall
apply against the taxpayer who utilizes the credit, and any required adjustments to basis
due to recapture, shall be governed by Section 50 of the Internal Revenue Code. (b) In the
taxable year the certified rehabilitation is placed in service for any structure for which
a tax credit has been issued, the commission shall provide notice of the certified rehabilitation
and a copy of the appraisal provided by the owner to the taxing authority responsible for
the assessment of ad valorem taxes. Upon notification, the taxing authority responsible for
the assessment of ad valorem taxes shall complete a new assessment for the structure to be
used in the assessment of ad valorem taxes for the tax year in which the certified rehabilitation
was placed in service. (Act 2013-241, p. 579, §5; Act 2014-452, p. 1679, §1.)...
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40-16-1.2
Section 40-16-1.2 Additional items included in federal taxable income; items deducted from
federal taxable income. (a) The following items shall be added to federal taxable income for
purposes of computing net income under this chapter: (1) The tax due under this chapter that
is deducted in computing federal taxable income. (2) State and local taxes that are deducted
for purposes of calculating federal taxable income for which a credit is claimed under Section
40-16-8, to the extent the credit is utilized to reduce the tax owed under this chapter. (3)
Refunds of federal income taxes deducted in prior tax periods for purposes of computing the
tax due under this chapter. (4) Dividends received from a corporation in which the taxpayer
owns less than 20 percent of the stock, by vote and value, but only to the extent the dividends
are properly deducted in computing taxable income for federal income tax purposes. (5) State,
county, and municipal interest income from loans and securities that...
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40-29-90
Section 40-29-90 Jeopardy assessment - For income tax. (a) Termination of taxable period. If
the commissioner or his delegate finds that a taxpayer designs quickly to depart from the
State of Alabama or to remove his property therein, or to do any other act tending to prejudice
or to render wholly or partly ineffectual proceedings to collect the income tax for the current
or the preceding taxable year unless such proceedings be brought without delay, the commissioner
or his delegate shall declare the taxable period for such taxpayer immediately terminated,
and shall cause notice of such finding and declaration to be given the taxpayer, together
with a demand for immediate payment of the tax for the taxable period so declared terminated
and of the tax for the preceding taxable year or so much of such tax as is unpaid, whether
or not the time otherwise allowed by law for filing return and paying the tax has expired;
and such taxes shall thereupon become immediately due and payable. In...
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41-9-219.1
Section 41-9-219.1 Allocation of tax credits. Tax credits claimed under this article shall
not be saleable or transferable. Tax credits earned by a partnership, limited liability company,
S corporation, or other "pass-through" entity may be allocated to the partners,
members, or shareholders of that entity for their direct use in accordance with the provisions
of any agreement among the partners, members, or shareholders. Any amount of tax credit that
the taxpayer, or partner, member, or shareholder thereof, is prohibited from claiming in a
taxable year may be carried forward to any of the taxpayer's subsequent taxable years. (Act
2012-483, p. 1340, §5.)...
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40-14A-23
Section 40-14A-23 Definition of net worth. (a) Net worth of corporation. The net worth of a
corporation shall equal the aggregate net amount of the following items determined as of the
first day of the corporation's taxable year and adjusted as required in this article: (1)
In the case of a corporation, the sum of the following: a. The issued capital stock and any
additional paid-in capital, without reduction for treasury stock; and b. Retained earnings,
but not less than zero, which shall include any amounts designated for the payment of dividends
until the amounts are definitely and irrevocably placed to the credit of stockholders subject
to withdrawal on demand, and (2) In the case of an entity taxed as a corporation under this
article that does not issue stock, the difference between the book value of the entity's assets
and liabilities, but not less than zero. (b) Net worth of limited liability entities. The
net worth of a limited liability entity shall be an amount equal to the...
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11-65-30
Section 11-65-30 Commission wagering fees. (a) Each horse racing operator shall pay to the
treasurer of the commission licensing such operator a commission horse wagering fee for each
calendar year during which it conducts any horse racing events. The amount of the commission
horse wagering fee for an operator for a given calendar year shall be equal to the sum of
(i) two percent of the horse racing handle of such operator for such calendar year to the
extent that such handle does not exceed $150,000,000.00 and (ii) four percent of the portion
of the horse racing handle of such operator for such calendar year that exceeds $150,000,000.00.
Each operator shall make payment of its commission horse wagering fee for each calendar year
to the treasurer of the licensing commission in monthly installments. For each calendar year,
the monthly installment referable to any month (other than the month during which the final
racing event for such calendar year shall be conducted) shall be equal to...
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37-11C-2
Section 37-11C-2 Definitions. As used in this chapter, the following words shall have the following
meanings: (1) CLASS II RAILROAD. A carrier classified as a Class II railroad pursuant to 49
CFR § 1201, or other rule adopted by the United States Surface Transportation Board. (2)
CLASS III RAILROAD. A carrier classified as a Class III railroad pursuant to 49 CFR § 1201,
or other rule adopted by the United States Surface Transportation Board. (3) DEPARTMENT. The
Alabama Department of Commerce. (4) ELIGIBLE TAXPAYER. A railroad that owns or leases railroad
infrastructure in Alabama and is classified by the United States Surface Transportation Board
as a Class II or Class III railroad. (5) ELIGIBLE TRANSFEREE. A taxpayer who is transferred
a tax credit allowed by this chapter by an eligible taxpayer. (6) QUALIFIED RAILROAD REHABILITATION
EXPENDITURES. Expenditures within the taxable year for maintenance, deductible maintenance
of way expenses, reconstruction, or replacement of railroad...
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40-15A-2
Section 40-15A-2 Amount of tax. Subject to the exception hereinafter stated, there is hereby
levied and imposed upon all generation-skipping transfers occurring after December 31, 1987
that involve property subject to tax pursuant to Section 40-15A-3 hereunder, a tax equal to
the full amount of state tax permissible when levied by and paid to the State of Alabama as
a credit in computing any federal generation-skipping transfer tax imposed on such transfer
according to the act of Congress in effect, on the date of the transfer. The tax hereby imposed
shall not exceed in the aggregate amounts which may by any law of the United States be allowed
to be credited against such federal generation-skipping transfer tax. The generation-skipping
transfer tax hereby levied shall be levied only so long as and during the time a generation-skipping
transfer tax is enforced by the United States against Alabama generation-skipping transfers
and shall only be exercised or enforced to the extent of...
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40-17-327
Section 40-17-327 Taxable unaccounted for motor fuel losses at a terminal. (a) There is hereby
annually levied a tax at the rates specified by Section 40-17-325 on taxable unaccounted for
motor fuel losses at a terminal in this state. For the purposes of this section, taxable unaccounted
for motor fuel losses shall mean the number of net gallons of unaccounted for motor fuel losses
that exceed one half of one percent of the number of net gallons removed from the terminal
during the year by a bulk transfer or at the terminal rack. Unaccounted for motor fuel losses
means the difference between: (1) The amount of motor fuel in inventory at the terminal at
the beginning of the calendar year plus the amount of motor fuel received by the terminal
during the year; and (2) the amount of motor fuel in inventory at the terminal at the end
of the calendar year plus the amount of motor fuel removed from the terminal during the year.
Accounted for motor fuel losses which have been approved by the...
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