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40-23-196
Section 40-23-196 Refund or credit of excess taxes paid. (a) Any taxpayer who pays a simplified
sellers use tax through this program that is higher than the actual state and local sales
or use tax levied in the locality where the sale was delivered may file for a refund or credit
of the excess amount paid to the eligible seller participating in the program. A business
taxpayer who has a registered consumer use tax account with the department may claim credit
for the overpayment of simplified use tax on their consumer use tax return in a manner prescribed
by the department. All other taxpayers may file a petition for refund in the manner prescribed
by the department. The petition for refund may only be filed once per year. In the event the
amount due to be refunded in a year is less than twenty-five ($25.00) dollars, payment of
the refund may be deferred by the department and combined with amounts due to be paid pursuant
to subsequent annual refund petitions for a period of up to three...
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40-9-61
Section 40-9-61 Information reports to be filed by persons or companies exempt from sales,
use, and lodging taxes. (a) All persons or companies, other than governmental entities as
defined in Section 40-9-60, exempt from the payment of Alabama sales, use, and lodgings tax,
regardless of the type of transaction or whether the tangible personal property is subject
to sales and use tax, or whether the accommodations are subject to lodgings tax, may be required
to file an information report in a manner as prescribed by the Department of Revenue. (b)
Any person or company that does not comply with the reporting requirements of this article
and any rules promulgated thereunder, may be barred from the use of any certificate of exemption
for up to six months for the first offense and one year for the second offense. On the third
offense, the person or company shall be barred from the use of any certificate of exemption
until the time as the person or company is authorized to obtain a...
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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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40-23-198
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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40-23-193
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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41-7A-46
Section 41-7A-46 Tax exemptions - Application; issuance of certificates; reporting requirements.
(a) A qualified production company that intends to produce all or any part of a qualified
production project in Alabama and desires to be exempted from the payment of state sales,
use, and lodging taxes levied pursuant to Sections 40-23-2, 40-23-61, and 40-26-1, respectively,
shall provide an estimate of total expenditures expected to be made in Alabama in connection
with the production project. The estimate of expenditures shall be filed with the office before
the commencement of the project in Alabama. (b) At the time the qualified production company
provides the estimate of expenditures to the department, it also shall designate a member
or representative of the company to work with the office and the department on reporting of
expenditures and other information necessary to take advantage of the sales, use, and lodging
tax exemptions afforded by this article. (c)(1) An application for...
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45-28-244.01
Section 45-28-244.01 Levy and collection of tax; disposition of funds; Etowah County Development
Committee. (a) In Etowah County, there is levied a one cent ($0.01) county sales and use tax
in all areas of the county, which may become effective no sooner than January 1, 1996. (b)
The tax shall parallel the state sales and use taxes including exemptions therefrom and enforcement
proceedings therefor. The Etowah County Commission may administer and collect this tax, or
contract with a private entity or the State Department of Revenue to administer and collect
this tax, and provide for enforcement penalties by resolution. The county commission, the
State Department of Revenue, or a private entity collecting the tax may retain an amount or
percentage of the total proceeds collected in such an amount as may be agreed upon by the
members of the county commission, but in no event shall the charge exceed two percent of the
total amount of tax collected under this section. (c) The net proceeds...
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40-9-30
Section 40-9-30 Durable medical equipment; exemptions from certain taxes. (a) As used in this
section, the term "durable medical equipment" means equipment which can stand repeated
use, is used to serve a purpose for medical reasons, and is appropriate and suitable for use
in the home. (b) Oxygen or durable medical equipment dispensed under orders from a duly licensed
physician by a participating provider to a recipient of benefits under the Medicare program
shall be exempt from state and local sales and use taxes. (c) A provider who rents or leases
oxygen or durable medical equipment to a recipient of benefits under the Medicare or Medicaid
program under orders from a duly licensed physician shall be exempt from all state and local
rental and leasing taxes. (d) In addition to any other exemptions provided in subsection (b)
or (c), any items used for the treatment of illness or injury or to replace all or part of
a limb or internal body part purchased by or on behalf of an individual...
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41-4-116
Section 41-4-116 Taxation on sales and leases of tangible personal property to state agency.
(a) For the purpose of this division, the following terms shall have the respective meanings
ascribed by this section: (1) AFFILIATE. A related party as defined in subsection (b) of Section
40-23-190 as that provision exists on January 1, 2004. (2) STATE DEPARTMENT or AGENCY. Every
state office, department, division, bureau, board, or commission of the State of Alabama.
(b) A state department or agency may not contract for the purchase or lease of tangible personal
property from a vendor, contractor, or an affiliate of a vendor or contractor, unless that
vendor, contractor, and all of its affiliates that make sales for delivery into Alabama or
leases for use in Alabama are properly registered, collecting, and remitting Alabama, state,
and local sales, use, and lease tax, as provided for by Chapter 12, Article 4, and Chapter
23, Articles 1 and 2 of Title 40 or by any local act or ordinance. (c)...
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45-36-248
Section 45-36-248 Levy of tax; collection and disposition of proceeds; violations. (a) This
section shall apply only to Jackson County. (b) As used in this section, sales and use tax
means a tax imposed by the state sales and use tax statutes and such other acts applicable
to Jackson County, but not limited to, Sections 40-23-1, 40-23-2, 40-23-3, 40-23-4, 40-23-60,
40-23-61, 40-23-62, and Section 40-23-63. (c) Subject to the outcome of the referendum provided
for herein, the County Commission of Jackson County may, upon a majority vote of the members,
levy, in addition to all other taxes, including, but not limited to, county and municipal
gross receipts license taxes, a privilege license tax in an amount up to one cent against
each dollar of gross sales or gross receipts. The gross receipts of any business and the gross
proceeds of all sales which are presently exempt under the state sales and use tax statutes
are exempt from the tax authorized by this section. (d) The tax levied by...
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