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40-23-194
Section 40-23-194 Discount. Eligible sellers may deduct and retain a discount equal to two
percent of the simplified sellers use tax properly collected and then remitted to the department
in a timely manner, provided that for tax periods beginning on or after January 1, 2019, the
allowance for discount shall not apply to any taxes collected and then remitted which are
in excess of four hundred thousand dollars ($400,000). The department is authorized to prescribe
rules for administering the discount. No discount shall be allowed for any taxes which are
not timely reported and remitted to the department pursuant to program procedures. (Act 2015-448,
p. 1443, §1; Act 2018-539, §1.)...
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40-23-199.2
Section 40-23-199.2 Marketplace facilitators. (a) For the purpose of this Act 2018-539, the
following terms shall have the respective meanings ascribed to them: (1) DEPARTMENT. The Alabama
Department of Revenue. (2) MARKETPLACE FACILITATOR. A person that contracts with marketplace
sellers to facilitate for a consideration, regardless of whether deducted as fees from the
transaction, the sale of the marketplace seller's products through a physical or electronic
marketplace operated by a person, and engages: a. Either directly or indirectly, through one
or more affiliated persons in any of the following: 1. Transmitting or otherwise communicating
the offer or acceptance between the purchaser and marketplace seller; 2. Owning or operating
the infrastructure, electronic or physical, or technology that brings purchasers and marketplace
sellers together; 3. Providing a virtual currency that purchasers are allowed or required
to use to purchase products from the marketplace seller; or 4....
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11-98-5.3
Section 11-98-5.3 Prepaid wireless telephone service. (a) As used in this section, the following
words and terms shall have the following meanings unless the context clearly indicates otherwise:
(1) DEPARTMENT. The Department of Revenue for the State of Alabama. (2) PREPAID RETAIL TRANSACTION.
The purchase of prepaid wireless telecommunications service from a seller for any purpose
other than resale. (3) PREPAID WIRELESS CONSUMER. A person who purchases prepaid wireless
telecommunications service in a retail transaction. (4) PREPAID WIRELESS TELEPHONE SERVICE.
A service that meets all of the following requirements: a. Authorizes the purchase of CMRS,
either exclusively or in conjunction with other services. b. Must be paid for in advance.
c. Is sold in units or dollars whose number or dollar value declines with use and is known
on a continuous basis. (b) Notwithstanding any other provision of this chapter, the current
CMRS emergency telephone service charge established under...
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28-3-190
Section 28-3-190 Levy of tax; collection; disposition of proceeds by localities; enforcement
and administration; penalties; exclusive nature of tax. (a) Levy. In addition to the excise
tax levied by Article 5A of Chapter 3 of this title and the licenses provided for by Chapter
3A of this title and by Section 28-3-194, and any acts amendatory thereof, supplementary thereto
or substituted therefor, and municipal and county licenses, there is hereby levied a privilege
or excise tax on every person licensed under the provisions of Chapter 3A who sells, stores,
or receives for the purpose of distribution, to any person, firm, corporation, club, or association
within the State of Alabama any beer. The tax levied hereby shall be measured by and graduated
in accordance with the volume of sales by such person of beer, and shall be an amount equal
to one and six hundred twenty-five thousands cents (1.625 cents) for each four fluid ounces
or fractional part thereof. (b) Collection. The tax levied...
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40-23-193
Section 40-23-193 Collection and remittance of simplified sellers use tax; reporting; statement.
(a) The simplified sellers use tax due under the program is eight percent of the sales price
on any tangible personal property sold or delivered into Alabama by an eligible seller participating
in the program. The collection and remittance of simplified sellers use tax relieves the eligible
seller and the purchaser from any additional state or local sales and use taxes on the transaction.
(b) The simplified sellers use tax collected by the eligible seller, at the rate of eight
percent, shall be electronically reported in the manner prescribed by the department on or
before the 20th day of the month next succeeding the month in which the tax accrues. The eligible
seller shall remit the tax at the required rate or the amount of the tax collected, whichever
is greater. The required monthly reporting from the eligible seller shall only include statewide
totals of the simplified sellers use...
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40-12-7
Section 40-12-7 County license tax for school purposes - Disposition of funds collected; charge
for collection and administration. (a) All such taxes collected and administered by the Department
of Revenue shall be collected and remitted to the governing bodies of the various counties
in the manner as provided for the collection and administration of taxes for cities or towns
as provided in Sections 11-51-180 through 11-51-185, and the Department of Revenue is authorized
to charge the counties for collecting and administering the taxes its actual cost, not to
exceed two percent of the amount collected, and to do any and all things pertaining to the
collection and administration of the taxes for the various counties as the department is authorized
to do in collecting and administering taxes for cities and towns as provided in Sections 11-51-180
through 11-51-185. (b) For the purpose of this section, the terms collection and administration
shall have the same meaning as in Section...
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40-23-199
Section 40-23-199 Amnesty for certain uncollected remote use tax. (a) Subject to the limitations
set out in this section, an eligible seller participating in the program shall be granted
amnesty for any uncollected remote use tax that may have been due on sales made to purchasers
in the state for all periods preceding October 1, 2019. (1) The amnesty precludes assessment
for uncollected simplified sellers use tax together with any penalty or interest for sales
made during a period prior to October 1, 2019. (2) The amnesty provided in this section shall
be granted to any eligible seller who applies to participate in the program following acceptance
into the program by the department. (3) Amnesty is not available to an eligible seller with
respect to any matter or matters for which the eligible seller has received notice of the
commencement of an audit and the audit is not yet finally resolved, including any related
administrative and judicial processes. (4) Amnesty is not available for...
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40-23-198
Section 40-23-198 Applicability of Part 2. In the event that the enactment of federal legislation
removes current federal limitations on states' ability to enforce their sales and use tax
jurisdiction against businesses that lack an instate physical presence, the provisions of
this part shall be inapplicable as to any eligible seller who is not registered with the department
as a participant in the program at least six months prior to the date of such change in law.
In such event, the provisions of this part will continue to apply to any eligible seller who
has been approved by the department as a participant in the program at least six months prior
to the change in law and to any taxpayer who has paid or pays the simplified sellers use tax
authorized under this part provided the eligible seller continues to collect, report, and
remit the simplified sellers use tax and otherwise complies with all procedures and requirements
of the program. Eligible sellers participating in the program...
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40-23-191
Section 40-23-191 Short title; definitions. (a) This part shall be titled The Simplified Seller
Use Tax Remittance Act. (b) For the purpose of this part, the following terms shall have the
respective meanings ascribed to them in this section: (1) DEPARTMENT. The Alabama Department
of Revenue. (2) ELIGIBLE SELLER. A seller that sells tangible personal property or a service,
but does not have a physical presence in this state or is not otherwise required to collect
and remit state and local sales or use tax for sales delivered into the state. The seller
shall remain eligible for participation in the Simplified Use Tax Remittance Program unless
the seller establishes a presence through a physical business address for the purpose of making
in-state retail sales within the State of Alabama or becomes otherwise required to collect
and remit sales or use tax pursuant to Section 40-23-190 through an affiliate making retail
sales at a physical business address in Alabama. The term also includes...
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40-23-192
Section 40-23-192 Simplified Sellers Use Tax Remittance Program. (a) There is hereby established
The Simplified Sellers Use Tax Remittance Program designed to allow an eligible seller who
participates in the program to collect, report, and remit the simplified sellers use tax authorized
herein in lieu of the sales or use taxes otherwise due by or on behalf of Alabama customers
who have purchased items from the eligible seller that were shipped or otherwise delivered
into Alabama by the eligible seller. Participation in the program shall be by election of
the eligible seller and only those eligible sellers accepted into the program as set out herein
shall collect and remit the simplified sellers use tax. Participation in the program shall
not be construed as subjecting an eligible seller to franchise, income, occupation, or any
other type of taxes or licensing requirements levied or imposed by the state of Alabama or
any locality. (b) The program shall be administered by the department,...
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