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40-29-29
Section 40-29-29 Certificate of sale; deed of real property. (a) Certificate of sale. In the
case of personal property sold as provided in Section 40-29-26, the commissioner or
his delegate shall give to the purchaser a certificate of sale upon payment in full of the
purchase price. (b) Deed to real property. In the case of any real property sold as provided
in Section 40-29-26 and not redeemed in the manner and within the time provided in Section
40-29-28, the commissioner or his delegate shall execute to the purchaser of such real property
at such sale, upon his surrender of the certificate of sale, a deed of the real property so
purchased by him, reciting the facts set forth in the certificate. (c) Real property purchased
by State of Alabama. If real property is declared purchased by the State of Alabama at a sale
pursuant to Section 40-29-26, the commissioner or his delegate shall at the proper time execute
a deed therefor, and without delay cause such deed to be duly recorded in...
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40-29-22
the existence of such lien. (2) MOTOR VEHICLES. With respect to a motor vehicle (as defined
in subsection (g)(3)), as against a purchaser of such motor vehicle, if: a. At the time of
the purchase such purchaser did not have actual notice or knowledge of the existence of such
lien; and b. Before the purchaser obtains such notice or knowledge, he has acquired possession
of such motor vehicle and has not thereafter relinquished possession of such motor vehicle
to the seller or his agent. (3) PERSONAL PROPERTY PURCHASED AT RETAIL. With respect
to tangible personal property purchased at retail, as against a purchaser in the ordinary
course of the seller's trade or business, unless at the time of such purchase such purchaser
intends such purchase to (or knows such purchase will) hinder, evade, or defeat the collection
of any tax under this title. (4) PERSONAL PROPERTY PURCHASED IN CASUAL SALE. With respect
to household goods, personal effects, or other tangible personal property purchased...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-29-22.htm - 17K - Match Info - Similar pages
40-29-30
Section 40-29-30 Legal effect of certificate of sale of personal property and deed of
real property. (a) Certificate of sale of property other than real property. In all cases
of a sale of property (other than real property) pursuant to Section 40-29-26, the certificate
of such sale: (1) AS EVIDENCE. Shall be prima facie evidence of the right of the officer to
make such sale, and conclusive evidence of the regularity of his proceedings in making the
sale; and (2) AS CONVEYANCES. Shall transfer to the purchaser all right, title, and interest
of the party delinquent in and to the property sold; and (3) AS AUTHORITY FOR TRANSFER OF
CORPORATE STOCK. If such property consists of stocks, shall be notice when received, to any
corporation, company, or association of such transfer, and shall be authority to such corporation,
company, or association to record the transfer on its books and records in the same manner
as if the stocks were transferred or assigned by the party holding the same, in...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-29-30.htm - 3K - Match Info - Similar pages
40-29-26
Section 40-29-26 Sale of seized property. (a) Notice of seizure. As soon as practicable after
seizure of property, notice in writing shall be given by the Commissioner of Revenue or his
delegate to the owner of the property (or, in the case of personal property, the possessor
thereof), or shall be left at his usual place of abode or business. If the owner cannot be
readily located, or has no dwelling or place of business within the state, the notice may
be mailed to his last known address. Such notice shall specify the sum demanded and shall
contain, in the case of real property, a description with reasonable certainty of the property
seized. (b) Notice of sale. The commissioner or his delegate shall as soon as practicable
after the seizure of the property give notice to the owner, in the manner prescribed in subsection
(a), and shall cause a notification to be published in some newspaper published or generally
circulated within the county wherein such seizure is made, or if there be...
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40-29-28
after the sale thereof. (2) PRICE. Such property or tract of property shall be permitted to
be redeemed upon payment to the purchaser, or in case he cannot be found in the county in
which the property to be redeemed is situated, then to the commissioner or his delegate, for
the use of the purchaser, his heirs, or assigns, the amount paid by such purchaser and interest
thereon at the current rate of interest per annum as last published and charged on delinquent
taxes by the Internal Revenue Service. Where the state was purchaser, the tax liability must
be paid in full in addition to the costs, penalties and interest in order to redeem. (c) Record.
When any lands sold are redeemed as provided in this section, the commissioner or his delegate
shall cause entry of the fact to be made upon the record mentioned in Section 40-29-31, and
such entry shall be evidence of such redemption. (d) There may be no redemption of personal
property. (Acts 1983, 4th Ex. Sess., No. 83-891, p. 128, §11.)...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-29-28.htm - 2K - Match Info - Similar pages
34-27-50
contract, promissory note, credit agreement, negotiable instrument, lease, use agreement, license,
security, or other muniment conferring on the purchaser the rights, benefits, and obligations
of a vacation time-sharing plan. (4) COMMISSION. The Alabama Real Estate Commission. (5) COMMISSIONER.
A member of the Alabama Real Estate Commission. (6) FACILITIES. Any structure, service, or
property whether improved or unimproved made available to the purchaser for recreational,
social, family, or personal use. (7) SELLER. Any owner of a vacation time-sharing plan
or any business entity, including but not limited to an agent, dealer, distributor, franchiser,
subsidiary, assignee, reseller, broker, or any other representative thereof who, for a fee,
commission, or other valuable consideration, negotiates or attempts to negotiate the listing,
sale, auction, purchase, exchange, or lease of any real estate or the improvements thereon
or collects rents or attempts to collect rents, or who...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/34-27-50.htm - 7K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-23-1.htm - 20K - Match Info - Similar pages
40-18-86
than the withholding tax liability as measured by the 100 percent property tax assessment of
such remaining property. (3) The seller or transferor will report the sale on an Alabama income
tax return for the current year and file it by the due date. (4) If the seller or transferor
is a corporation or limited partnership, it is registered to do business in Alabama. (b)(1)
Except as otherwise provided in this section, in the case of any sale or transfer of real
property and related tangible personal property located in Alabama by a nonresident
of Alabama, the buyer or transferee shall be required to withhold and remit to the Commissioner
of Revenue on forms provided by the commissioner a withholding tax for individual buyers or
transferees equal to three percent of the purchase price or consideration paid for the sale
or transfer, and for corporate, partnership, or unincorporated association buyers or transferees
equal to four percent of the purchase price or consideration paid for the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-18-86.htm - 6K - Match Info - Similar pages
40-22-1
Section 40-22-1 Deeds, bills of sale, etc. (a) Except as set out in subsection (b), no deed,
bill of sale, or other instrument of like character which conveys any real or personal
property within this state or which conveys any interest in any such property shall be received
for record unless the privilege or license tax is paid prior to the instrument being offered
for record as provided in subsection (c). (b) No privilege or license tax shall be required
for any of the following: (1) The transfer of mortgages on real or personal property
within this state upon which the mortgage tax has been paid. (2) Deeds or instruments executed
for a nominal consideration for the purpose of perfecting the title to real estate. (3) The
re-recordation of corrected mortgages, deeds, or instruments executed for the purpose of perfecting
the title to real or personal property, specifically, but not limited to, corrections
of maturity dates thereof, and deeds and other instruments or conveyances,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-22-1.htm - 9K - Match Info - Similar pages
40-29-31
Section 40-29-31 Records of sales to be kept. The commissioner or his delegate shall keep a
record of all sales of real property sold under Section 40-29-26 and of redemptions of such
property. The record shall set forth the tax for which the sale was made, the dates of seizure
and sale, the amount of the expenses, the name of purchaser and the date of the deed. A deed
to the State of Alabama by virtue of its purchase at the sale shall be promptly recorded in
the probate office of the county or counties where the property is located. (Acts 1983, 4th
Ex. Sess., No. 83-891, p. 128, §14.)...
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