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40-20-2
the ownership, operation, or maintenance of plants, facilities, machinery, pipelines, gathering
lines, or any equipment whatsoever, which are, or may be, necessary or convenient to the production,
treating, processing, ownership, storage, sale, purchase, marketing, or transportation of
such oil or gas; provided, that nothing herein shall be construed to prohibit, limit or restrict
a county, city, town, or municipality from imposing and collecting ad valorem taxes on any
property, real or personal, not otherwise now exempted by law; further, the limitation
herein imposed upon counties, cities, towns, and municipalities shall not apply to any county,
city, town, or municipality which does not receive a share of the severance tax levied upon
production other than offshore production as defined in Section 40-20-1 under the provisions
of this article. The limitation herein imposed upon counties, cities, towns, and municipalities
shall remain in full force and effect in regard to offshore...
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9-17-25
Section 9-17-25 Tax for expenses of administration and enforcement of article - Levied; exemptions;
payment. (a) For the purpose of defraying the expenses connected with the administration and
enforcement of this article, including the expense of the inspections, tests, analyses, and
all other expenses connected with the supervision and protection of crude petroleum oil and
natural gas in the State of Alabama, there is hereby levied on the producer a tax equal in
amount to two percent of the gross value, at the point of production, of the crude petroleum
oil or natural gas produced for sale, transport, storage, profit, or for use from any well
or wells in the State of Alabama. Provided, however, that the tax on offshore production,
produced from depths greater than 8,000 feet below mean sea level, shall not be computed as
a percentage of gross value at the point of production, as provided in this section, but shall
be computed as a percentage of gross proceeds, as provided in Section...
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40-20-8
Section 40-20-8 Allocation and distribution of net taxes collected; property which consists
of submerged lands and onshore lands; onshore lands defined; applicability of section; final
determination establishing allocation base. (a) Ninety percent of the net amount of all taxes
herein levied and collected by the department on oil or gas produced from submerged lands
as herein defined shall be deposited to the State General Fund. The remaining 10 percent of
such net amount shall be allocated and distributed by the Comptroller to the county in which
the oil or gas was produced for county purposes or to be expended at the discretion of the
county governing body. (b) Twenty-five percent of the net amount of all taxes herein levied
and collected by the department, except as provided herein in subsection (a), shall be deposited
by the department to the General Fund of the state. (c) Sixty-six and two-thirds percent of
the remaining 75 percent of all taxes herein levied and collected by the...
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9-17-33
Section 9-17-33 Disposition of proceeds from sale of oil or gas production. (a) As used in
this section, the following terms shall have the following meanings: (1) CHECK STUB. The financial
record attached to a check, included with a check, or mailed separately at or near the time
the check is mailed. (2) DIVISION ORDER. A contract between the interest owner and the purchaser,
operator, or the owner of the right to drill and to produce, directing the distribution of
the value from the sale of the oil, gas, and other liquid hydrocarbons in the proportions
set out in the division order, which division order is prepared by the purchaser, operator,
and/or the owner of the right to drill and to produce on the basis of the ownership shown
in a title opinion prepared after examination of abstracts or based on other generally acceptable
legal ownership documentation and which is executed by the interest owners or others having
an interest in the production. (3) INTEREST OWNER. A person owning...
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9-17-13
the circumstances allocation of production on this basis shall be considered as a just and
reasonable allocation which will afford to each person owning each tract or interest within
the unit the opportunity to recover or receive his or her just and equitable share of the
oil and gas produced from the unit. Nothing herein or in any order issued pursuant hereto
shall be construed to subject any nonconsenting owner who is subject to a risk compensation
fee, as hereinabove provided, to any personal liability for any damages caused by or
resulting from any negligent act or other tort committed by the operator or by any consenting
owner in the course of developing and operating a pooled or integrated unit; nor shall anything
herein or in any order issued pursuant hereto prevent the operator and any other owner or
owners in the unit from entering into any agreement that contains provisions respecting the
pooling, integration, or development of their tracts or interests in the pooled or...
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40-23-4
sales of materials, equipment, and machinery that, at any time, enter into and become a component
part of ships, vessels, towing vessels or barges, or drilling ships, rigs or barges, or seismic
or geophysical vessels, other watercraft and commercial fishing vessels of over five tons
load displacement as registered with the U.S. Coast Guard and licensed by the State of Alabama
Department of Conservation and Natural Resources. Additionally, the gross proceeds from the
sale or sales of lifeboats, personal flotation devices, ring life buoys, survival craft
equipment, distress signals, EPIRB's, fire extinguishers, injury placards, waste management
plans and logs, marine sanitation devices, navigation rulebooks, navigation lights, sound
signals, navigation day shapes, oil placard cards, garbage placards, FCC SSL, stability instructions,
first aid equipment, compasses, anchor and radar reflectors, general alarm systems, bilge
pumps, piping, and discharge and electronic position fixing...
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40-11-1
and all capital invested in bonds or currency which are exempt from taxation shall be liable
to be taxed under this section should such capital at any time during the year be reconverted
into money, bonds, or property which is taxable, unless it is made to appear that the money,
bonds, or property into which such reconversion may be made has been assessed for taxes for
such year; (8) All roadbed, track, engines, cars, derricks, cranes, signals, crossties, and
other property, real and personal, of railroads, of mining and manufacturing plants,
and all tramroads, pole-roads, canals, ditches, and channels used for transporting or moving
mineral ore, lumber, timber, logs, minerals, coal, ore, sand, gravel, or other commodities,
whether raw or manufactured, which are not taxed as improvements on the land or plant or main
property, of the owner of such tramroads, pole-roads, canals, ditches, or channels; (9) Repealed
by Act 99-665, 2nd Sp. Sess., § 9. As to effective date, see the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-11-1.htm - 11K - Match Info - Similar pages
40-20-23
Section 40-20-23 Allocation and distribution of taxes. (a) Ninety percent (90%) of the net
amount of taxes collected by the department on oil or gas produced from submerged lands which
are not deemed to be onshore lands for allocation and distribution purposes pursuant to subsections
(d) or (e) shall be deposited to the State General Fund. The remaining ten percent (10%) of
the taxes collected on oil or gas produced from submerged lands which are not deemed to be
onshore lands for allocation and distribution purposes shall be allocated and distributed
by the Comptroller to the county in which the oil or gas was produced for county purposes
to be expended at the discretion of the county governing body. (b) The net amount of taxes
collected by the department pursuant to this article on oil or gas produced from submerged
lands which are deemed to be onshore lands for allocation and distribution purposes pursuant
to subsections (d) or (e) shall be allocated and distributed pursuant to...
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9-17-31
Section 9-17-31 Tax for expenses of administration and enforcement of article - Disposition
and expenditure. All funds collected pursuant to the tax levied on the producer of crude petroleum
oil or natural gas produced for sale, transport, storage, profit or for use, from any well
or wells in the State of Alabama, as is provided in Section 9-17-25 and Section 9-17-35, shall
be deposited in the State Treasury to the credit of the General Fund and shall be expended
only in the manner provided by appropriation by the Legislature. (Acts 1961, Ex. Sess., No.
95, p. 2008, §1; Act 2009-147, p. 284, §1.)...
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40-20-1
Section 40-20-1 Definitions. For the purpose of this article, the following terms shall have
the respective meanings ascribed by this section: (1) DEPARTMENT. The state Department of
Revenue. (2) ANNUAL. The calendar year or the taxpayer's fiscal year, when permission is obtained
from the department to use a fiscal year as a tax period in lieu of a calendar year. (3) VALUE.
The sale price or market value at the mouth of the well. If the oil or gas is exchanged for
something other than cash, if there is no sale at the time of severance or if the relation
between the buyer and the seller is such that the consideration paid, if any, is not indicative
of the true value or market price, then the department shall determine the value of the oil
or gas subject to the tax hereinafter provided for, considering the sale price for cash of
oil or gas of like quality. (4) OIL. Crude petroleum oil and other hydrocarbons regardless
of gravity which are produced at the well in liquid form by ordinary...
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