Code of Alabama

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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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45-35-242.03
Section 45-35-242.03 Repeal of taxes levied or collected by incorporated cities or towns. After
July 8, 1982, no incorporated city or town in Houston County, Alabama, shall levy or collect
a privilege license or excise tax on any liquid motor fuel upon the business of selling, delivering,
withdrawing from storage, or keeping in storage such fuels, on a quantity basis; provided,
however, this shall not apply to the ordinary license to do business in the municipalities.
All municipal privilege, excise, and/or license taxes on gasoline or gasohol now being levied
or collected by any incorporated city or town in the county are expressly repealed. (Act 82-727,
p. 183, §4.)...
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45-35-242
Section 45-35-242 Levy of tax. There is levied in Houston County, Alabama, for the purpose
of constructing and maintaining public roads, streets, bridges, and ferries, a privilege tax
of not more than one cent per gallon on all gasoline or gasohol which is sold or delivered
in the county, for the privilege of selling or delivering same. For purposes of this part,
the tax herein applies only to gasoline and gasohol; any other motor vehicle fuel or oil or
gas is expressly exempt from the application of this part. (Act 82-727, p. 183, §1.)...
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45-48-243
Section 45-48-243 Levy and collection of taxes. (a) The State Department of Revenue is hereby
authorized and directed to collect all taxes now or hereafter levied by Marshall County upon
the business of selling, delivering, withdrawing from storage, or keeping in storage for sale
or delivery in such county gasoline, naptha, and other liquid motor fuels or any substitute
therefor, commonly used in internal combustion engines. (b) All persons, firms, businesses,
and corporations subject to and owing such taxes shall be and hereby are directed to pay the
same over to the State Department of Revenue and such payment shall be a full and complete
discharge of all liability therefor to Marshall County. (c) This section shall apply to taxes
that have become owing both before and after October 1, 1981. (d) The State Department of
Revenue is authorized to promulgate reason- able rules and regulations to facilitate the orderly
and efficient collection of these taxes. (e) The State Department of...
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23-6-10
Section 23-6-10 Revenues of corporation. For the purpose of providing funds to enable the corporation
to pay the principal of, premium, if any, and interest on any bonds issued by it under the
provisions of this chapter, and to accomplish the purposes and objects of its creation, there
hereby are irrevocably pledged to such purpose and appropriated so much as may be necessary
for such purpose of the following: The State Department of Transportation's portion of the
four cent per gallon excise tax levied on gasoline, motor fuel, and lubricating oil under
the provisions of Title 40, Chapter 17, Article 6. All moneys hereby appropriated and pledged
shall constitute a sinking fund for the purpose of paying the principal of, premium, if any,
and the interest on bonds of the corporation. (Acts 1985, No. 85-549, p. 833, §10.)...
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40-17-346
Section 40-17-346 Monthly exporter returns. (a) A person who is licensed as an exporter shall
file monthly returns with the department on forms prescribed and furnished by the department
concerning the amount of taxable motor fuel exported from this state. (b) The report must
contain all of the following information with respect to motor fuel other than diesel fuel
dyed in accordance with the Internal Revenue Code: (1) All shipments of taxable motor fuel
removed from a terminal in this state as to which the tax imposed by this article previously
was paid or accrued for direct delivery outside of this state by the exporter. (2) All shipments
of taxable motor fuel acquired free of this state's motor fuel tax at a terminal in this state
for direct delivery outside of Alabama but as to which the destination state's motor fuel
tax was paid or accrued to the supplier at the time of removal from the terminal. (3) The
gallons delivered to taxing jurisdictions outside this state out of bulk...
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40-17-349
Section 40-17-349 Violations. (a) Persons violating any provision of this article may be restrained
from distributing, using, or withdrawing from storage any taxable motor fuel, as herein defined,
and may be prosecuted in the name of the State of Alabama by the Attorney General or, under
his or her direction, by a district attorney or, with the approval of the Governor, an attorney
employed by the department until that person has complied with this article. (b) It shall
be unlawful for any person to sell for use or to use motor fuel upon which the tax levied
by this article has not been paid or the payment assumed by a licensee. Any person who willfully
fails to comply with this article, for each failure, shall be subject to a penalty imposed
by the department of not less than one hundred dollars ($100) nor more than ten thousand dollars
($10,000). (Act 2011-565, p. 1084, §30.)...
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40-17-353
Section 40-17-353 Seizure of storage receptacles pending payment of taxes, interest, and penalties;
sale of motor fuel; forfeiture of contraband. (a) Upon the discovery of any motor fuel illegally
imported into or illegally transported, delivered, stored, or sold in this state, the commissioner
shall order the tank or other storage receptacle in which the motor fuel is located to be
seized and locked or sealed until the tax, interest, and penalties levied under this article
are assessed and paid. (b) If the assessment for the above tax is not paid within 30 days,
the commissioner, in addition to the other remedies in this article, may sell the motor fuel
and use the proceeds of the sale to satisfy the assessment due, with any excess funds after
payment of the assessment and costs of the sale being returned to the owner of the motor fuel.
(c) All motor fuel and any property, tangible or intangible, which is found upon the person
or in any vehicle which the person is using, including the...
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45-17-90.43
Section 45-17-90.43 Recordkeeping. All distributors, storers, and retail dealers shall keep
for not less than three years within the State of Alabama at some certain place or office
such books, documents, or papers as will clearly show the amount of sale or withdrawals of
gasoline and motor fuel made in Colbert County taxed under this subpart. (Act 2002-293, p.
613, §4.)...
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45-2-244.033
Section 45-2-244.033 Recordkeeping. All distributors, storers, and retail dealers shall keep
for not less than three years within the State of Alabama at some certain place or office
such books, documents, or papers as will clearly show the amount of sale or withdrawals of
gasoline and motor fuel made in Baldwin County taxed under this subpart. (Act 91-159, p. 207,
§4.)...
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