40-17-274
Section 40-17-274 Disbursement. (a) The proceeds of the tax herein levied accruing to the State
of Alabama, less the actual costs of collection, shall be paid by the department to the State
Treasurer for disbursement as follows: (1) That portion of the tax that is attributable to
the use of motor fuel subject to the gasoline tax shall be disbursed in the manner provided
by law for the disbursement of the proceeds of the gasoline tax. (2) That portion of the tax
that is attributable to the use of motor fuel subject to the diesel fuel tax shall be disbursed
in the manner provided by law for the disbursement of the proceeds of the diesel fuel tax.
(b) The cost of collection shall be the sum of money appropriated each year by law to the
department with which to pay salaries and the cost of operation of the department related
to the taxes collected pursuant to this article, which shall be deducted, as a first charge
from the taxes collected pursuant to this article. The expenditure of the...
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40-23-130
Section 40-23-130 Calculation of municipal or county gross receipts tax. Any gross receipts
tax imposed by a municipality or county on the sale of gasoline and motor fuel shall be based
on the gross receipts from the sale of gasoline and motor fuel minus any taxes imposed on
the sale of gasoline and motor fuel by the state, federal, or local governments. (Acts 1994,
1st Ex. Sess., No. 94-792, p. 98, §1.)...
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45-25-242.12
Section 45-25-242.12 Disposition of proceeds. Proceeds from the gasoline excise tax shall be
distributed and used as follows: (1) The first one hundred fifteen thousand dollars ($115,000)
annually shall be transferred to the County General Road Department Fund, for use as defined
in Sections 40-17-5, 40-17-76, 40-17-77, 40-17-78, 40-17-79, and 40-17-80, and, to further
allow expenditures for purposes which may not specifically be defined, but to relate to the
construction, rehabilitation, maintenance of the roads, equipment, or personnel to accomplish
the same within DeKalb County. (2) The next ten thousand dollars ($10,000) shall be used for
appropriation toward educating and training developmentally disabled adults in the county
through contract or other appropriation to an agency or agencies providing the education and
training. (3) The balance of the funds derived from the gasoline excise tax shall be used
for appropriation by the county commission or any other person or persons so...
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8-22-4
Section 8-22-4 Definitions. The following terms shall have the meanings ascribed to them in
this section unless otherwise stated and unless the context or subject matter clearly indicates
otherwise: (1) PERSON. Any person, firm, association, organization, partnership, business
trust, joint stock company, company, corporation, or legal entity. (2) MOTOR FUEL. Those products
upon which the state excise tax levied, or defined, in Sections 40-17-1 through 40-17-52 and
40-17-170, as amended, is imposed. (3) WHOLESALER. Includes any person qualified as a wholesaler
of motor fuel with the state Revenue Commissioner, and shall also mean and include any person,
other than a buying pool defined herein, wherever resident or located, who brings or causes
to be brought into this state motor fuel purchased directly from the manufacturer thereof.
(4) WHOLESALE DISTRIBUTION. Any person, or the act of any person, including any affiliate
of such person, in commerce within the state, who purchases motor...
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40-17-328
Section 40-17-328 Fuels on which tax is levied; who is liable for tax. (a) The tax levied pursuant
to Section 40-17-325 is levied on all of the following: (1) Dyed diesel fuel that is used
to operate a highway vehicle other than dyed diesel fuel used in city and county vehicles.
(2) Motor fuel that is used to operate a highway vehicle after an application for a refund
of tax paid on the motor fuel is made or allowed on the basis that the motor fuel was used
for an off-highway purpose. (3) Aviation gasoline on which a tax was imposed under subdivision
(3) of subsection (a) of Section 40-17-325 that is used other than for fuel in an aircraft
is subject to the tax rate imposed under subdivision (1) of subsection (a) of Section 40-17-325.
(4) Aviation jet fuel on which a tax was imposed under subdivision (3) of subsection (a) of
Section 40-17-325 that is used other than for fuel in an aircraft is subject to the tax rate
imposed under subdivision (2) of subsection (a) of Section 40-17-325....
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40-2-11.1
Section 40-2-11.1 Allocations, disbursements, and distribution of certain inspection fees,
penalties, and taxes. Notwithstanding any provision of law to the contrary, and commencing
on October 1, 2021, all allocations, disbursements, and distributions made pursuant to any
of the following sections for taxes and fees collected by the Department of Revenue shall
be made by the Department of Revenue and not the State Treasurer: (1) Section 8-17-91, relating
to the motor fuel excise tax. (2) Sections 40-17-223 and 40-17-225, relating to the lubricating
oil tax. (3) Section 40-17-274, relating to the motor fuel tax and fees distributed under
the International Fuel Tax Agreement. (4) Section 40-17-359, relating to the highway gas tax
and supplemental excise taxes. (5) Section 40-17-361, relating to the diesel excise tax. (Act
2019-247, §1.)...
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40-25-41
Section 40-25-41 Levied; amount; liability for payment; registration as responsible taxpayers;
seizure of contraband. An excise tax is hereby imposed on the storage, use or other consumption
in this state of tobacco products purchased at retail in an amount equal to that set out in
Section 40-25-2 or to any additional amount or amounts of tobacco sales tax as may be otherwise
levied or provided by law. Every person storing, using, or otherwise consuming in this state
tobacco products purchased at retail shall be liable for the tax imposed by this article,
and the liability shall not be extinguished until the tax has been paid to this state; provided,
that if said tobacco products have attached thereto the stamps provided in said Section 40-25-2
as aforesaid, or as otherwise provided by law, or if said tax imposed by said Section 40-25-2
as aforesaid, or to any additional amount or amounts of tobacco sales tax as may be otherwise
levied or provided by law has been paid by the seller of...
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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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45-25-242.04
Section 45-25-242.04 Report of business address. Within 30 days after any tax shall have been
levied under authority of this subpart every distributor, storer, or retail dealer engaged
in the sale or withdrawal of gasoline in DeKalb County shall make a report on blanks furnished
under Section 45-25-242.01 to the governing body of the county, showing the place and post
office address at which he or she is engaged in the business of distributor or storer or retail
dealer in gasoline within the county, which information shall be entered by the governing
body of the county on a book kept for that purpose, and should such distributor, storer, or
retail dealer move his or her place of business from one business address to another, such
distributor, storer, or retail dealer shall within 30 days thereafter notify the governing
body of such removal, giving the former place and post office address and also the place and
post office address to which his or her place of business has been removed....
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45-25-242.44
Section 45-25-242.44 Report of business address. Within 30 days after any tax shall have been
levied under authority of this subpart every distributor, storer, or retail dealer engaged
in the sale or withdrawal of gasoline in DeKalb County shall make a report on blanks furnished
under Section 45-25-242.41 to the governing body of the county, showing the place and post
office address at which he or she is engaged in the business of distributor or storer or retail
dealer in gasoline within the county, which information shall be entered by the governing
body of the county on a book kept for that purpose, and should such distributor, storer, or
retail dealer move his or her place of business from one business address to another such
distributor, storer, or retail dealer shall within 30 days thereafter notify the governing
body of such removal, giving the former place and post office address and also the place and
post-office address to which his or her place of business has been removed....
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