Code of Alabama

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40-12-310
Section 40-12-310 "Store" defined; construction. The term "store" as used
in this article shall be construed to mean and include any store or stores or any mercantile
establishment or establishments which are owned, operated, maintained, controlled or for which
the buying is done by the same person, firm, corporation, copartnership, or association, either
domestic or foreign, in which goods, wares or merchandise of any kind are sold, either at
retail or wholesale. The term "store" as used in this article shall not be construed
to mean or include any place of business at which the principal business conducted is that
of selling or distributing petroleum products or ice, where the amount kept in any store is
less than 4,000 pounds at any one time. Two or more stores or mercantile establishments shall,
for the purpose of this article, be treated as being under a single or common ownership, supervision
or management if directly or indirectly owned or controlled by a single person or any...
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40-12-172
Section 40-12-172 Transient dealers. Each person doing business as a transient dealer as defined
in this section and who does not pay the privilege license under Section 40-12-73 or the license
permit under Section 40-25-19 shall pay an annual license tax to the state of $30. The payment
of one state license shall authorize such transient dealer to engage in such business in any
county in the state upon the payment of a county license of $5 in each such county. When used
in this section, the words "transient dealer" shall be held to include any person
or persons who shall be embraced in any of the following classifications: All persons acting
for themselves or as an agent, employee, salesman or in any capacity for another, whether
as owner, bailee or other custodian of goods, wares, and merchandise and going from person
to person, dealer to dealer, house to house or place to place and selling or offering to sell,
exchanging or offering to exchange, for resale by a retailer, any goods,...
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40-7-43
Section 40-7-43 Duties of assessor when he has reason to believe property may be removed or
otherwise escape taxation. When the tax assessor has reason to believe that any person whose
property has been or is due to be assessed for taxation, either for the current tax year or
any preceding year, has removed or is about to remove from the county, or that such person
is closing out or going out of business by selling or disposing of substantially all of his
personal property on which taxes would be due on the next following October 1, or where insolvency
is impending, or where goods, wares, or merchandise are advertised for sale at auction, bankrupt,
insolvent, assignment, or fire sale, or where goods, wares, or merchandise are to be sold
or advertised to be sold for the satisfying of creditors, he shall at once notify the tax
collector in writing, if the property has been assessed; and, if the property has not been
assessed, the assessor shall at once make an assessment against the same...
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8-13-1
Section 8-13-1 Definitions. Unless otherwise provided, the following words and phrases, when
used in this chapter, shall have the meanings respectively ascribed to them in this section:
(1) APPLICANT. Any person applying for a license under this chapter, including the principal,
if such person is the agent of another who is the true owner, notwithstanding whether that
other is an individual, partnership, association, firm, or corporation and notwithstanding
whether the name of the true owner appears on the application or not. (2) DISTRESS MERCHANDISE
SALE. Any offer to sell to the public or a sale to the public of goods, wares, or merchandise
on the implied or direct representation that such sale is being held other than in the ordinary
course of business and not otherwise defined herein. Without limiting the generality of the
above, "distress merchandise sales" shall include, but not be limited to, any sale
advertised either specifically or in substance to be any one of the following:...
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34-4-27
Section 34-4-27 Privilege licenses. Each auctioneer shall annually pay one state license in
an amount not to exceed two hundred fifty dollars ($250). Each auctioneer shall also annually
pay a county license of twenty-five dollars ($25) in each county where he or she sells by
auction. No privilege license shall be required for any apprentice auctioneer when he or she
is listed as the principal auctioneer. No license shall be required for any auctioneer who
conducts an auction, without compensation for himself or herself, where all proceeds from
the auction go to the benefit of any charitable organization. The term "auctioneer"
shall include any person selling real estate, goods, wares, merchandise, automobiles, livestock,
or other things of value at public outcry. Sales at public outcry may be made for compensation
without license involving any of the following: (1) Sales for the estate of a decedent. (2)
Sales of property conveyed by deed of trust, mortgage, judgment, or ordered to be...
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8-13-3
Section 8-13-3 License - Application. An applicant for a license to conduct a going out of
business sale or a distress merchandise sale shall file an application with the judge of probate
of the county in which such sale shall be held at least 30 days prior to such sale; provided,
however, that the said 30-day period may be waived in writing by the probate judge to whom
the application is made for good cause shown. The application shall be made upon forms prescribed
by the Commissioner of Revenue of the State of Alabama, signed and verified by the applicant
and shall include the following information: (1) Name and address of the applicant and also
the name of the true owner if the applicant is not such true owner; (2) Name, location, and
time of the proposed going out of business sale or distress merchandise sale; (3) Inventory
of the goods, wares, or merchandise, on hand and on order, which the applicant intends to
offer for sale at a going out of business sale or distress merchandise...
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40-11-1
Section 40-11-1 Enumeration of subjects of taxation. (a) As used in this section the following
terms shall have the meanings ascribed herein: (1) CONSTRUCTION PURPOSES. The normal and ordinary
meaning of the words, except that mining activities or the transportation of materials used
in or produced by mining or forestry activities shall not be construed to be included; (2)
HEAVY DUTY EQUIPMENT. Any motor vehicle used primarily off the open road for construction
purposes, including all road construction equipment whose gross weight exceeds 16,000 pounds,
but not including inventory on hand for sale by duly licensed equipment dealers. (b) The subjects
of ad valorem taxation, except as exempted by law, shall be as follows: (1) Every piece, parcel,
tract, or lot of land in this state, including therein all things pertaining to such land,
and all structures and other things so annexed or attached thereto as to pass to a vendee
by conveyance of such land; and every separate or special...
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6-9-89
Section 6-9-89 Sale of levied property - Perishable goods and chattels - Strawberries. When
strawberries are levied on or seized under any writ of detinue, writ of attachment, or writ
of execution, the sheriff or constable making the levy or seizure shall, unless a replevy
bond or forthcoming bond is immediately executed by the defendant, proceed forthwith to sell
the strawberries so levied on or seized either at public or private sale, as he may deem best,
and the proceeds of such sale shall be by such officer paid into the court out of which said
writ was issued and shall be held by such court pending the final disposition of the case.
(Acts 1931, No. 348, p. 407; Code 1940, T. 7, §538.)...
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40-14A-33
Section 40-14A-33 (Repealed for taxable years beginning on or after January 1, 2002.) Definition
of initial taxable shares base. (a) Determine the sum of the following as of the first day
of the corporation's taxable year: (1) The outstanding capital stock and any additional paid-in
capital, but without reduction for treasury stock; and (2) Retained earnings, but not less
than zero, which shall include any amounts designated for the payment of dividends until the
amounts are definitely and irrevocably placed to the credit of stockholders subject to withdrawal
on demand. (b) From the amount determined under subsection (a), deduct: (1) The book value
of goods, wares, and merchandise held for sale; (2) The book value of the investment by the
taxpayer in the equity of other corporations doing business in Alabama. This subdivision shall
not apply if the taxpayer is a dealer in securities subject to 26 U.S.C. §1236. (3) Federal
obligations. a. For a taxpayer who does not hold federal...
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40-7-25.1
Section 40-7-25.1 Current use value of Class III property - Definition; appraisal of property
at request of owner; legislative intent; applicability of section; method of valuation; factors
considered in appraisal; rules and regulations of Department of Revenue; hearing objections.
(a) For ad valorem tax years beginning on and after October 1, 1978, with respect to taxable
property defined in Section 40-8-1, as amended, as Class III property and upon request by
the owner of such property as hereinafter provided, the assessor shall base his appraisal
of the value of such property on its current use on October 1 in any taxable year and not
on its fair and reasonable market value. Failure of an owner of Class III property to request
appraisal at current use value shall mean that the property shall be valued on its fair and
reasonable market value as otherwise provided in this title until such time as the owner thereof
shall request valuation on the basis of current use value. As used in...
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