Code of Alabama

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40-17-381
Section 40-17-381 THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2018 REGULAR SESSION,
EFFECTIVE MAY 1, 2018. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. (a) Notwithstanding any
law or ordinance regarding standardization of local levies, no later than October 31, 2019,
the Department of Revenue shall develop and make available a system which allows any taxpayer
required to timely file and remit a county motor fuel tax calculated on a per gallon basis
or municipal motor fuel license tax calculated on a per gallon basis the capability to file
and remit motor fuel tax returns and payments through an electronic single point of filing
program. The system shall be available for use by any taxpayer for tax periods after September
30, 2019, provided the taxpayer complies with this article and any rules adopted by the department
for the administration of the system. The system shall allow for motor fuel tax return filing
and tax remittance only and may not provide for the...
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45-2-244.036
Section 45-2-244.036 Enforcement of subpart. It shall be the duty of the County Commission
of Baldwin County to enforce the provisions of this subpart upon its imposing the tax thereunder,
and it shall have the right itself, or its members or its agents, to examine the books, reports,
and accounts of every distributor, storer, or retail dealer of gasoline or motor fuel on which
such tax has been imposed and to make any and all rules and regulations necessary and proper
for the collection of such tax. Provided, however, upon resolution of the Baldwin County Commission,
the State Department of Revenue is hereby authorized and directed to collect all taxes now
or hereafter levied by the county under the provisions of this subpart. 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 department and such payment shall be a full and complete discharge
of all liability therefor to the county. The...
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45-30-241.02
Section 45-30-241.02 Statement of sales and withdrawals. On or before the 20th day of each
month after this part has become effective, every person upon whom the excise tax is levied
shall render to the County Commission of Franklin County on forms prescribed by such county
commission a true and correct statement of all sales and withdrawals of gasoline and motor
fuels made by him or her or them during the next preceding month and a statement of all sales
and withdrawals of gasoline and motor fuels made by him or her during the next preceding month
of which he or she is liable for payment of the excise tax imposed pursuant to this part.
He or she shall also furnish to the Franklin County Commission such additional information
as the Franklin County Commission may require upon blanks to be formulated and furnished by
the Franklin County Commission. At the time of making such reports, he or she shall pay to
the Franklin County Commission an amount of money equal to the excise tax levied...
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11-51-180
Section 11-51-180 Prerequisites for collection by Department of Revenue; exceptions; applicability.
(a) The Department of Revenue shall, upon request by ordinance or resolution of the governing
body of any municipality and the filing of a certified copy of the enabling ordinance or resolution
with the Department of Revenue, collect all municipal privilege or license taxes in the nature
of a sales or use tax levied or assessed by a municipality under the provisions of a municipal
ordinance or resolution duly promulgated and adopted by the governing body of the municipality,
or levied by past or future special or local acts of the Legislature. Except as set out below
and as otherwise provided in this section, the levy shall parallel the corresponding state
levy except for the rate of the tax and shall be subject to all definitions, exceptions, exemptions,
proceedings, requirements, rules, regulations, direct pay permit and drive-out certificate
procedures, provisions, statutes of...
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11-51-205
Section 11-51-205 Establishment of rate of taxes; levy and assessment of taxes in lieu of license
tax under Section 11-51-90; effect of pledge of proceeds of license tax under Section 11-51-90
as to levy and assessment of taxes under article. (a) The governing body of a municipality
levying or assessing taxes authorized by this article may provide by ordinance for the rate
of the tax. (b) The governing body may provide in any ordinances levying or assessing the
tax that the tax is levied and assessed in whole or in part in lieu of any privilege license
tax based on gross receipts in the nature of a sales or use tax which at the time of the levy
is otherwise provided for by ordinance pursuant to Section 11-51-90. This subsection shall
not apply to municipal gasoline or motor fuel taxes, privilege or business license taxes levied
on a business for the privilege of doing business within the municipality, occupational license
taxes, tobacco taxes, or other similar taxes levied by a...
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40-17-140
Section 40-17-140 Definitions. For the purpose of this article, the following terms shall have
the meanings respectively ascribed by this section: (1) MOTOR VEHICLE. Any passenger vehicle
that has seats for more than nine passengers in addition to the driver, or any road tractor,
or any tractor truck, or any truck having more than two axles. (2) MOTOR CARRIER. Every person,
firm, or corporation who or which operates or causes to be operated on any highway in this
state any motor vehicle, as defined herein, except any resident person, firm, or corporation
owning or operating not more than one such motor vehicle for his own use and not for hire,
and except any person, firm, or corporation the motor vehicles of which are operated or caused
to be operated wholly within this state. (3) OPERATIONS. Operations of all motor vehicles,
whether loaded or empty, whether for compensation or not for compensation, and whether owned
by or leased to the motor carrier who operates them or causes them to...
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40-17-340
Section 40-17-340 Filing of monthly return and payment due. (a) Each supplier, importer, blender,
permissive supplier, and exporter shall file the monthly return required herein, in a format
prescribed by the commissioner, on or before the 22nd day of each calendar month for the preceding
month. (b) Other than importers, the tax levied by this article shall be paid to the department
by each taxpayer on or before the 22nd day of each calendar month for the preceding month
and shall be accompanied by any required returns. The department may require all or certain
taxpayers to file tax returns and payments electronically. (c) Importers importing motor fuel
from a bulk plant or some other non-terminal storage location shall pay the tax levied by
this article to the department on or before the 22nd day of each calendar month for the preceding
month, and the payment shall be accompanied by any required returns. The department may require
all or certain taxpayers to file tax returns and...
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40-23-2
Section 40-23-2 Tax levied on gross receipts; certain sales exempt; disposition of funds. There
is levied, in addition to all other taxes of every kind now imposed by law, and shall be collected
as herein provided, a privilege or license tax against the person on account of the business
activities and in the amount to be determined by the application of rates against gross sales,
or gross receipts, as the case may be, as follows: (1) Upon every person, firm, or corporation,
(including the State of Alabama and its Alcoholic Beverage Control Board in the sale of alcoholic
beverages of all kinds, the University of Alabama, Auburn University, and all other institutions
of higher learning in the state, whether the institutions be denominational, state, county,
or municipal institutions, any association or other agency or instrumentality of the institutions)
engaged or continuing within this state, in the business of selling at retail any tangible
personal property whatsoever, including...
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45-25-242
Section 45-25-242 Definitions. The term "gasoline" as used in this subpart shall
include gasoline, naptha and other liquid motor fuels or any devices or substitutes therefor
commonly used in internal combustion engines, provided that nothing contained in this subpart
shall apply to those products commonly known as kerosene oil, fuel oil, and crude oil used
for lighting or heating purposes. The term "person" means and includes every person,
corporation, copartnership, company, agen¬cy, or association, singular or plural. The term
"distributor" shall include any person who shall engage in the selling of gasoline
as herein defined in DeKalb County, by wholesale, in domestic trade, but shall not apply to
any transaction by such distributor in interstate commerce. The term "retail dealer"
shall include any person herein defined as the distributor who is also engaged in the sale
of gasoline as herein defined at any place in DeKalb County in broken quantities. The term
"storer" as used...
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40-17-339
Section 40-17-339 Cancellation of license. (a) In accordance with the provisions of Chapter
2A of this title, the department may cancel any license required under Section 40-17-332,
upon written notice sent to the licensee's last known address, as it appears in the department's
files, for any of the following reasons: (1) Filing by the licensee of a false report of the
data or information required by this article. (2) Failure, refusal, or neglect of the licensee
to file a report or to provide any information required by this article. (3) Failure of the
licensee to pay the full amount of all excise taxes due or to pay any penalties or interest
due. (4) Failure of the licensee to keep accurate records of the quantities of motor fuel
received, produced, refined, manufactured, compounded, sold, or used in Alabama. (5) Failure
to file a new or additional cash deposit or surety bond upon request of the department pursuant
to Section 40-17-335. (6) Conviction of the licensee or a principal of...
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