Code of Alabama

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40-23-197
Section 40-23-197 Disposition of funds. (a) The proceeds of simplified sellers use tax paid
pursuant to this part shall be appropriated to the department, which shall retain the amount
necessary to fund the administrative costs of implementing and operating the program and to
cover the amounts paid for refunds authorized in Section 40-23-196. The balance of the amounts
collected shall be distributed as follows: (1) Fifty percent to the State Treasury and allocated
75 percent to the General Fund and 25 percent to the Education Trust Fund. (2) Twenty-five
percent to each county in the state on a prorated basis according to population as determined
in the most recent federal census prior to the distribution. (3) Twenty-five percent of funds
to be distributed to each municipality in the state on a prorated basis according to population
as determined in the most recent federal census prior to the distribution. (b) Effective for
tax periods beginning on or after January 1, 2019, the net...
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40-23-195
Section 40-23-195 Rulemaking authority; recordkeeping. (a) The department may adopt, promulgate,
and enforce reasonable rules and regulations related to the implementation, administration,
and participation in the program. The department shall have exclusive responsibility for reviewing
and accepting applications for participation and for the administration, return processing,
and review of the eligibility of sellers participating in the program. Eligible sellers participating
in the program shall not be subject to audit or review by any Alabama locality. Eligible sellers
shall maintain records of all sales delivered into Alabama, including copies of invoices showing
the purchaser, address, purchase amount, and simplified sellers use tax collected. Such records
shall be made available for review and inspection upon request by the department. (b) The
department may disclose the name of eligible sellers, the effective date the eligible seller
began participating in the program and, if...
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40-25-2
Section 40-25-2 Who is liable for tax; amount; local tax or fee. (a) In addition to all other
taxes of every kind now imposed by law, every person, firm, corporation, club, or association,
within the State of Alabama, who sells or stores or receives for the purpose of distribution
to any person, firm, corporation, club, or association within the State of Alabama, cigars,
cheroots, stogies, cigarettes, smoking tobacco, chewing tobacco, snuff, or any substitute
therefor, either or all, shall pay to the State of Alabama for state purposes only a license
or privilege tax which shall be measured by and graduated in accordance with the volume of
sales of such person, firm, corporation, club, or association in Alabama. There is hereby
levied license or privilege taxes on articles containing tobacco enumerated in this article
in the following amounts: (1) LITTLE CIGARS. Upon cigars of all descriptions, including filtered
cigars, made of tobacco, or any substitute therefor, and weighing not...
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37-6-3
Section 37-6-3 Enumerated powers. A cooperative shall have the power: (1) To sue and be sued
in its corporate name. (2) To adopt a corporate seal and alter the same at its pleasure. (3)
To generate, manufacture, purchase, acquire and transmit electric energy and to distribute,
sell, supply and dispose of electric energy to its members, to governmental agencies and political
subdivisions and to other persons; provided, however, that should a cooperative acquire any
electric facilities dedicated or devoted to the public use, it may continue to serve the persons
served directly from such facilities at the time of such acquisition without requiring that
such persons become members, and, provided further, that such nonmembers shall have the right
to become members upon nondiscriminatory terms. Cooperatives may not condition membership
or provision of service on compliance by the member with requirements not directly related
to the electric or other service to be provided by the cooperative....
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40-23-4.2
Section 40-23-4.2 Food stamp purchases exempt. (a) As used in this section the following terms
shall have the following meanings: (1) FOOD STAMPS. The stamps provided by the United States
Department of Agriculture for issuance to qualified recipients under the federal Food Stamp
Act, 7 U.S.C. §2011 et seq. (2) FOOD STAMP SALES TAX AMENDMENT. Section 1505 of the Food
Security Act of 1985 (Public Law 99-198) which amended 7 U.S.C. §2013(a) and provides that
a state may not participate in the food stamp program if state or local taxes are collected
on purchases of food made with food stamps. (b) It is hereby declared by the Legislature that
this exemption is enacted in response to the coercive threat of Congress contained in the
Food Stamp Sales Tax Amendment in order to insure that all eligible citizens within the State
of Alabama will continue to receive food stamp benefits; that the State of Alabama has challenged
the constitutionality of the Food Stamp Sales Tax Amendment and the...
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19-3B-508
Section 19-3B-508 Qualified trusts under the Internal Revenue Code. (a) As used in this section:
(1) ASSIGNMENT or ALIENATION, and any conjugation thereof, includes any anticipation, assignment
at law or in equity, alienation, attachment, garnishment, levy, execution, or other legal
or equitable process. The term includes: (i) any arrangement providing for the payment to
the employer or other sponsor of such plan of benefits that otherwise would be due the participant
under the plan; (ii) any direct or indirect arrangement, whether revocable or irrevocable,
whereby any person acquires from a participant or beneficiary of such plan a right or interest
enforceable against the plan in, or to, all or any part of a plan benefit which is, or may
become, payable to the participant or beneficiary; (iii) any attachment, execution, seizure,
or the like, or under any form of legal process whatsoever; and (iv) the operation of any
bankruptcy or insolvency laws under 11 U.S.C. § 522(b) as from...
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23-1-332
Section 23-1-332 Creation; revenue sources; allocation of revenue; use of funds; funds to be
matched; obligation limitations; role of department; unobligated funds. (a) There is created
within the state a program to be known as the Rural Access Program. (b) The following revenues
sources shall be allocated for use of the Rural Access Program. (1) Motor fuel taxes distributed
to the Department of Transportation and deposited in the Public Road and Bridge Fund under
the provisions of Sections 40-17-13 and 40-17-222, in excess of 105 percent of the base year
receipts, compounded annually. Fiscal year 1994-95 is the base year. Any motor fuel tax receipts
that exceed 105 percent of the base year receipts compounded annually shall be allocated to
the Rural Access Program for allocation to the 67 counties of the state. (2) Other funds including,
but not limited to, matching funds provided by counties. (c) Allocation of the revenue received
shall be as follows: (1) Other funds shall be...
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36-27-170
Section 36-27-170 Participation in plan. (a) As governed by this subsection, there exists as
a part of this retirement system, an optional account known as the Deferred Retirement Option
Plan, which may be cited as "DROP." The purpose of DROP is to allow, contractually,
in lieu of immediate withdrawal from service and receipt of a retirement allowance, continued
employment for a specific period of time, coupled with the deferral of receipt of a retirement
allowance until the end of such period of participation, at which time the member shall withdraw
from service. (b) Participation in DROP is an option available to any member of this retirement
system who meets all of the following: (1) Has at least 25 years of creditable service exclusive
of sick leave. (2) Is at least 55 years of age, or in the case of a state police member, is
at least 52 years of age. (3) Is eligible for service retirement. (c) An election to participate
in DROP may be made in one year increments not to exceed five...
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34-9-60
Section 34-9-60 Use of local anesthesia; permit to use general anesthesia. Any person licensed
or permitted to practice dentistry in the State of Alabama shall be authorized to use anesthesia
in accordance with the provisions of this section. (1) All dentists are authorized to use
local anesthesia. (2) Twelve months after May 29, 1985, no dentist shall use general anesthesia
on an outpatient basis for dental patients, unless such dentist possesses a permit of authorization
issued by the Board of Dental Examiners. a. In order to receive such permit, the dentist must
apply on a prescribed application form to the Board of Dental Examiners, submit an application
fee, and produce evidence showing that he or she: 1. Has completed a minimum of one year of
advanced training in anesthesiology and related academic subjects (or its equivalent) beyond
the undergraduate dental school level in a training program as described in Part II of the
guidelines for teaching the comprehensive control of pain...
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40-2-11
Section 40-2-11 Powers and duties generally. It shall be the duty of the Department of Revenue,
and it shall have the power and authority, in addition to the authority now in it vested by
law: (1) To have and exercise general and complete supervision and control of the valuation,
equalization, and assessment of property, privilege, or franchise and of the collection of
all property, privilege, license, excise, intangible, franchise, or other taxes for the state
and counties, and of the enforcement of the tax laws of the state, and of the several county
tax assessors and county tax collectors, probate judges, and each and every state and county
official, board, or commission charged with any duty in the enforcement of tax laws, to the
end that all taxable property in the state shall be assessed and taxes shall be imposed and
collected thereon in compliance with the law and that all assessments on property, privileges,
intangibles, and franchises in the state shall be made in exact...
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