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40-9C-3
Section 40-9C-3 Definitions. For purposes of this chapter, the following words and phrases
shall have the following meanings: (1) ABATE, ABATEMENT. A reduction or elimination of a taxpayer's
liability for tax. An abatement of local and noneducation transaction taxes imposed under
Chapter 23 of this title shall relieve the seller from the obligation to collect and pay over
the local portion of the noneducation transaction tax as if the sale were to a person exempt,
to the extent of the abatement, from the local portion of the noneducation transaction tax.
(2) BROWNFIELD DEVELOPMENT PROPERTY. Real property which qualifies under Section 22-30E-6
for participation in the voluntary cleanup program established pursuant to Chapter 30E of
Title 22, and any personal property acquired in connection with the cleanup and redevelopment
of such real property. (3) CONSTRUCTION RELATED NONEDUCATION TRANSACTION TAXES. The local
portion of the transaction taxes imposed pursuant to Chapter 23 of this...
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40-9B-3
Section 40-9B-3 Definitions. (a) For purposes of this chapter, the following words and
phrases mean: (1) ABATE, ABATEMENT. A reduction or elimination of a taxpayer's liability for
tax or payments required to be made in lieu thereof. An abatement of transaction taxes imposed
under Chapter 23 of this title, or payments required to be made in lieu thereof, shall relieve
the seller from the obligation to collect and pay over the transaction tax as if the sale
were to a person exempt, to the extent of the abatement, from the transaction tax. (2) ALTERNATIVE
ENERGY RESOURCES. The definition given in Section 40-18-1. (3) CONSTRUCTION RELATED
TRANSACTION TAXES. The transaction taxes imposed by Chapter 23 of this title, or payments
required to be made in lieu thereof, on tangible personal property and taxable services incorporated
into an industrial development property, the cost of which may be added to capital account
with respect to the property, determined without regard to any rule which...
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40-9C-4
Section 40-9C-4 Authorization of abatement. (a) Noneducational ad valorem taxes, construction
related noneducation transaction taxes, except those construction related transaction taxes
levied for educational purposes or for capital improvements for education, and mortgage and
recording taxes may be abated with respect to brownfield development property and security
documents and other recordable documents associated therewith as provided in this chapter.
(b) No abatement of noneducational ad valorem taxes may exceed the maximum exemption period
of 20 years. No further abatement with respect to the same brownfield development property
may be granted unless there is a major addition to the property, in which event abatement
may be granted only with respect to the noneducational ad valorem taxes on the major addition
by complying with the procedures set forth in this chapter. (c) An abatement of construction
related noneducation transaction taxes shall apply only to tangible personal...
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9-15-82
Section 9-15-82 Article not to apply to certain transfers, reversions, sales, etc. (a)
This article shall not apply to the transfers of real property between departments, boards,
bureaus, commissions, institutions, corporations, or agencies of the state. These transfers
may be made by mutual agreements between the chief executive officers of the respective departments
with the approval of the Governor. This article shall not apply to the leasing or sale of
timber from unused lands under Section 9-15-1 et seq.; to the leasing or sale of timber
from school lands and swamp and overflowed lands under Section 9-15-30 et seq.; to
the leasing of oil, gas, and other minerals under Section 9-17-60 et seq.; real property
sold by the Department of Revenue under tax sales and redemptions; to the sale of property
by the Alabama Historical Commission under Section 41-9-249(7); to reversions made
under Section 31-4-18; to the sale or conveyance of real property by the Alabama Housing
Finance...
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40-18-15
Section 40-18-15 Deductions for individuals generally. (a) No deduction shall be allowed
for any losses, expenses, or interest deferred or disallowed pursuant to 26 U.S.C. § 267
or for any cost required to be capitalized in accordance with 26 U.S.C. § 263A; otherwise,
there shall be allowed as deductions: (1) All ordinary and necessary expenses paid or incurred
during the taxable year in carrying on any trade or business, as determined in accordance
with 26 U.S.C. § 162. (2) Interest paid or accrued within the taxable year on indebtedness,
limited to the amount allowable as an interest deduction for federal income tax purposes in
the corresponding tax year or period pursuant to the provisions of 26 U.S.C. §§ 163, 264,
and 265. (3) The following taxes paid or accrued within the taxable year: a. Income taxes,
Federal Insurance Contribution Act taxes, taxes on self-employment income and estate and gift
taxes imposed by authority of the United States or any possession of the United...
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40-9B-4
Section 40-9B-4 Authorization of abatement. (a) Noneducational ad valorem taxes, construction
related transaction taxes, except those local construction related transaction taxes levied
for educational purposes or for capital improvements for education, and mortgage and recording
taxes, or payments required to be made in lieu thereof, and in the case of a qualifying industrial
or research enterprise described in Section 40-9B-3(a)(10)e. which is owned by an entity
organized under Chapter 6 of Title 37, or by an authority both organized and existing pursuant
to Chapter 50A of Title 11, and subject to the payments required to be made in lieu of ad
valorem, sales, use, license, and severance taxes imposed by Section 11-50A-7, in addition
to the foregoing, all other ad valorem taxes, or payments required to be made in lieu thereof,
imposed by the state, counties, municipalities, and other taxing jurisdictions of Alabama,
may be abated with respect to private use industrial property and...
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40-9C-7
Section 40-9C-7 Exemption of certain purchases of tangible personal property used in
constructing brownfield development property. Notwithstanding any other laws, and subject
to the limitations set out in Section 40-9C-5, the gross proceeds of the sale to, or
the storage, use, or consumption by, any contractor of any tangible personal property to be
incorporated into a brownfield development property or major addition for which a private
user is granted a valid abatement of construction related noneducation transaction taxes pursuant
to this chapter shall be exempt from local sales and use taxes, except those county and municipal
sales and use taxes levied for educational purposes or for capital improvements for education.
This exemption shall not apply to any purchase of tangible personal property by a contractor
which would not also be exempt if purchased by a private user who has been granted a valid
abatement of construction related transaction taxes pursuant to this chapter. (Act...
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33-12-5
Section 33-12-5 Powers, duties and functions. The powers, duties and functions of the
agency shall be as follows: (1) GENERALLY. The agency a. Shall have perpetual succession in
its corporate name. b. May sue and be sued in its corporate name. c. May adopt, use and alter
a corporate seal, which shall be judicially noticed. d. May enter into such contracts and
cooperative agreements with the federal, state and local governments, with agencies of such
governments, with private individuals, corporations, associations, trusts and other organizations
as the board may deem necessary or convenient to enable it to carry out the purposes of this
chapter, including the planned, orderly residential development of the area. e. May adopt,
amend and repeal bylaws. f. May appoint such managers, officers, employees, attorneys and
agents as the board deems necessary for the transaction of its business, fix their compensation,
define their duties, require bonds of such of them as the board may...
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40-2A-4
Section 40-2A-4 Taxpayers' bill of rights. (a) Rights of the taxpayer. (1) For purposes
of this subsection and subsections (c) and (d), the term "department" shall include
the Department of Revenue, a self-administered county or municipality, or a private examining
or collecting firm, depending on whether the Department of Revenue, a self-administered county
or municipality, or private examining or collecting firm is conducting the examination of
the taxpayer. (2) At or before the commencement of an examination of the books and records
of a taxpayer, the department shall provide to the taxpayer the current version of Publication
1A. Publication 1A shall provide, in simple and non-technical terms, a statement of the taxpayer's
rights. Those rights include the right to be represented during an examination, an explanation
of their appeal rights, and the right to know the criteria and procedures used to select taxpayers
for an examination. (3) At or before the issuance of a preliminary...
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34-27-31
Section 34-27-31 Recovery Fund created; fees paid to fund; injured party's recovery
from fund; procedures, appeals, etc.; licensee to report any legal action taken against him
or her. (a) The commission shall establish and maintain a Recovery Fund from which an aggrieved
party may recover actual or compensatory damages, not including interest and court costs,
sustained only within the State of Alabama as a result of conduct of a broker or salesperson
in violation of Article 1 or 2 of this chapter or the rules and regulations of the commission.
(b) Notwithstanding any other provision to the contrary, payments from the Recovery Fund are
subject to the following conditions and limitations: (1) The fund shall not be obligated for
the acts or omissions of a broker or salesperson while acting on his or her own behalf or
on behalf of his or her child, spouse, or parent regarding property in which he or she or
his or her spouse, child, or parent has, or is attempting to acquire, an interest;...
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