Code of Alabama

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40-16-10
Section 40-16-10 Computation of net income of financial institutions. (a) In computing the
net income of financial institutions subject to the tax imposed by this chapter, there shall
be allowed, in addition to the deductions specified therein, a deduction for the sum of the
net operating losses which may be carried forward to the taxable year for which the net income
of the financial institution is being computed. (1) The term "net operating loss"
for the purposes of this chapter means the amount by which net income of the financial institution,
before the deduction allowed by this section, with respect to a taxable year is less than
zero. For purposes of this section, the financial institution's net income shall be determined
under this chapter applicable to the year in which the net operating loss arises. (2) A net
operating loss shall be carried forward to the earliest subsequent taxable year in which the
financial institution has net income greater than zero, determined without...
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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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40-18-324
Section 40-18-324 Duties and procedures. (a) The Department of Labor, in coordination with
the Department of Revenue, the Department of Economic and Community Affairs, and the Department
of Veterans' Affairs shall: (1) Promote awareness of the unemployed veteran tax credit authorized
in this article to employers and eligible veterans. (2) Establish procedures for prequalifying
an individual as an unemployed veteran and for providing notice to the Department of Labor
when a new full-time employee is hired. (3) Establish procedures for certifying a qualified
employer's compliance, or in the case of a credit under subsection (b) of Section 40-18-323,
a recently deployed unemployed veteran's compliance, with the eligibility and expense verification
requirements to claim the credit authorized under this section. (4) Adopt measurable goals,
outcomes, and an audit strategy to assess the utilization and performance of the credits authorized
in this article. (5) On or before January 15, 2014,...
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40-18-445
Section 40-18-445 (Effective for tax returns due on or after January 1, 2018) Enforcement.
(a) The department may investigate the actions of any income tax return preparer filing Alabama
income tax returns and may bar or suspend an income tax return preparer from filing returns
with the department for good cause, subject to the appeal rights under Chapter 2A of this
title. (b) In addition to all other penalties provided by law, any person violating this act
by failing to provide his or her PTIN shall pay a civil penalty to the department in the amount
of $50 per offense, but not to exceed $25,000 per calendar year; however, no penalty shall
be imposed if the failure is due to reasonable cause and not due to willful neglect, as determined
by the department. (Act 2017-363, §6.)...
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40-18-13
Section 40-18-13 Computation of income. (a) Income shall be computed on the basis of the same
taxable year and in accordance with the same method of accounting that the taxpayer properly
employs for federal income tax purposes. If no such method of accounting has been employed
or if the method so employed does not clearly reflect income, computation shall be made upon
such basis and in such manner as in the opinion of the Department of Revenue, and consistent
with federal income tax treatment, does clearly reflect income. If the taxpayer has no annual
accounting period or does not keep proper books of account, the income shall be computed on
the basis of the calendar year. (b) In the case of a partnership, Alabama S corporation, or
personal service corporation electing a taxable year under 26 U.S.C. §444, this section shall
be applied without regard to the requirement to make payments under 26 U.S.C. §7519. (Acts
1935, No. 194. p. 256; Code 1940, T. 51, §383; Acts 1990, No. 90-583,...
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41-10-44.9
Section 41-10-44.9 Establishment of tax increment funds. In order to provide a method of financing
project costs other than by the issuance of project obligations payable from the amounts required
to be paid by an approved company under a financing agreement, the authority may establish
one or more tax increment funds with respect to a project, into which the authority and an
approved company may agree that the approved company will deposit either or both of the following:
(i) an annual amount equal to the amount of corporate income tax levied by Section 40-18-31
that otherwise would be owed by the approved company on its income generated by or arising
from such project, and (ii) the aggregate job development fees withheld by the approved company
as provided in Section 41-10-44.7. The authority may also arrange for any gifts, grants, loans,
appropriations or other forms of aid from the federal or state governments or from any other
public or private entity to be paid into a tax...
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40-17-359
Section 40-17-359 Distribution and use of proceeds. (a) For the purpose of this section, the
following terms shall have the meanings ascribed below: (1) BASE ANNUAL COUNTY DISTRIBUTION.
Five hundred fifty thousand dollars ($550,000). (2) COST OF COLLECTION. The amounts from the
proceeds of the highway gasoline tax that may be appropriated by the Legislature to the department
for its operating expenses. (3) COUNTY. Each county in the state. (4) FISCAL YEAR. The fiscal
year of the state. (5) DEPARTMENT OF TRANSPORTATION. The Department of Transportation of the
state. (6) HIGHWAY GASOLINE TAX. Both of the following: a. The excise tax levied under subdivision
(1) of subsection (a) of Section 40-17-325, with the exception of those portions of the tax
levied on aviation fuel and marine gasoline. b. The excise tax levied by Sections 40-17-140
to 40-17-155, inclusive, except that portion of the tax imposed on diesel fuel. (7) LOCAL
SUBDIVISIONS' SHARES OF THE NET TAX PROCEEDS. The 55 percent...
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40-18-21.1
Section 40-18-21.1 Annual report of credits claimed for taxes paid to foreign countries. The
Department of Revenue shall report annually to the Legislature the extent to which credits
for taxes paid to foreign countries are claimed during the preceding tax year. The report
shall be due on the fifth legislative day of each regular session and shall state the number
of taxpayers who claim the credits and the total amount of credits claimed during the year.
(Act 2012-427, p. 1163, §2.)...
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40-18-35.1
Section 40-18-35.1 Carry forward of net operating losses. In computing the taxable income of
corporations subject to income tax as outlined in Section 40-18-35, there shall be allowed,
in addition to the deductions specified therein, a deduction for the sum of the net operating
losses which may be carried forward to the taxable year for which the net income of the corporation
is being computed. (1) The term "net operating loss" for the purposes of this section
means the excess of the deductions (other than the deduction allowed by this subdivision)
allowed by this chapter during a taxable year of the corporation over the corporation's gross
income during that taxable year. For purposes of this paragraph, the corporation's gross income
and allowable deductions shall be determined under the provisions of this chapter applicable
to the year in which the net operating loss arises. (2) A net operating loss shall be carried
forward to the earliest subsequent taxable year in which the...
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40-18-58
Section 40-18-58 Appropriation. There is hereby appropriated out of the proceeds of the income
tax levied and collected under the provisions of this chapter to the Property Tax Relief Fund
such an amount as may be necessary for the replacement of any revenues lost by reason of the
exemption of homesteads from all state ad valorem taxes as provided for in this title, after
provision has been made for the payment of any and all expenses incurred by the Department
of Revenue in the administration of this chapter and in the collection of the taxes as provided
herein; provided, that the amount of such expenses, including salary, travel, equipment, and
all items of cost necessary for the enforcement of the provisions of this chapter shall be
limited to the amount appropriated therefor by the Legislature in the general appropriation
bill and shall be budgeted, allotted and expended pursuant to the provisions of Article 4
of Chapter 4 of Title 41. The Comptroller, with the approval of the...
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