40-23-199.2
6. Order taking; 7. Advertising or promotion; or 8. Providing customer service or accepting
or assisting with returns or exchanges. (3) MARKETPLACE SELLER. A seller that is not a related
party, as prescribed in Section 40-23-190(c), to a marketplace facilitator and that makes
sales through any physical or electronic marketplaces operated by a marketplace facilitator.
(4) PERSON. As defined in Section 40-23-1 (a)(1). (5) PURCHASER. A person who purchases or
contracts to purchase tangible personal property as defined in Section 40-12-220. (6)
QUALIFYING AMOUNT. Two hundred and fifty thousand dollars ($250,000) or an amount as otherwise
prescribed by the department. (7) RETAIL SALE. As defined in Section 40-23-1(a)(10), other
than sales of motor vehicles as defined in Section 40-12-240. (8) SELLER. An individual, trust,
estate, fiduciary, partnership, limited liability company, limited liability partnership,
corporation, or other legal entity. (9) SIMPLIFIED SELLERS USE TAX. The tax...
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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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40-23-1
F.O.B. point and regardless of who selects the method of transportation, and regardless of
by whom or the method by which freight, postage, or other transportation charge is paid. Provided
further that, where billed as a separate item to and paid by the purchaser, the freight, postage,
or other transportation charge paid to a common carrier or the U.S. Postal Service is not
a part of the selling price. (6) GROSS PROCEEDS OF SALES. The value proceeding or accruing
from the sale of tangible personal property, and including the proceeds from the sale
of any property handled on consignment by the taxpayer, including merchandise of any kind
and character without any deduction on account of the cost of the property sold, the cost
of the materials used, labor or service cost, interest paid, any consumer excise taxes that
may be included within the sales price of the property sold, or any other expenses whatsoever,
and without any deductions on account of losses; provided, that cash...
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11-51-90
Section 11-51-90 Municipal business licenses; branch offices; application. (a) All municipalities
shall have the following powers: (1) To license any exhibition, trade, business, vocation,
occupation, or profession not prohibited by the Constitution or laws of the state which may
be engaged in or carried on in the municipality. (2) To fix the amount of licenses, the time
for which they are to run, not exceeding one license year, to provide a penalty for doing
business without a license, and to charge a fee not exceeding ten dollars ($10) for issuing
each license. The issuance fee shall be increased every five license years by the Department
of Revenue by an amount equal to the percentage increase, if any, in the U.S. Department of
Labor's Producer Price Index during that five-year period, rounded to the nearest dollar,
with the base year being 2006. The Department of Revenue shall notify all municipalities and
the Alabama League of Municipalities of any such fee increase no later than...
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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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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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40-23-196
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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40-23-199
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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45-1-243.05
Section 45-1-243.05 Special provisions respecting payment of use tax; receipts and returns
by registered sellers. Every registered seller making sales of tangible personal property
for storage, use, or other consumption in the county (which storage, use, or other consumption
is not exempted from the use taxes herein authorized to be levied) shall at the time of making
such sale, or if the storage, use, or other consumption of such tangible personal property
in the county is not then subject to the taxes herein authorized to be levied, at the time
such storage, use, or other consumption becomes subject to the taxes herein authorized to
be levied, collect the tax from the purchaser, and shall give to the purchaser a receipt therefor
in the manner and form prescribed by the State Department of Revenue. On the twentieth day
of the month next succeeding following the close of each quarterly period, each registered
seller shall file with the State Department of Revenue a return for the then...
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45-10-244.05
Section 45-10-244.05 Special provisions respecting payment of use tax: receipts and returns
by registered sellers. Every registered seller making sales of tangible personal property
for storage, use, or other consumption in the county (which storage, use, or other consumption
is not exempted from the use taxes herein authorized to be levied) shall at the time of making
such sale, or if the storage, use, or other consumption of such tangible personal property
in the county is not then subject to the taxes herein authorized to be levied, at the time
such storage, use, or other consumption becomes subject to the taxes herein authorized to
be levied, collect the tax from the purchaser, and shall give to the purchaser a receipt therefor
in the manner and form prescribed by the State Department of Revenue. On the twentieth day
of the month next succeeding following the close of each quarterly period, each registered
seller shall file with the State Department of Revenue a return for the then...
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