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6-12-2
Section 6-12-2 Definitions. As used in this chapter, the following terms shall have the following
meanings: (1) ADJUSTED FOR INFLATION. Increased in accordance with the formula for inflation
adjustment set forth in Exhibit C to the Master Settlement Agreement. (2) AFFILIATE. A person
who directly or indirectly owns or controls, is owned or controlled by, or is under common
ownership or control with, another person. Solely for purposes of this definition, the terms
"owns," "is owned," and "ownership" mean ownership of an equity
interest, or the equivalent thereof, of ten percent or more, and the term "person"
means an individual, partnership, committee, association, corporation, or any other organization
or group of persons. (3) ALLOCABLE SHARE. Allocable share as that term is defined in the Master
Settlement Agreement. (4) CIGARETTE. Any product that contains nicotine, is intended to be
burned or heated under ordinary conditions of use, and consists of or contains (i) any roll
of...
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40-25-14
Section 40-25-14 Filing of monthly report and customs certificates. Each and every wholesaler
or jobber qualifying as such with the Department of Revenue shall be required to file a report
between the first and twentieth of each month, covering the purchase or receipt by them of
all tobacco products enumerated and defined herein during the preceding month. Said report
shall give in detail the different kinds and quantities of tobacco products so purchased or
received by them during the preceding month. The Department of Revenue shall furnish any person
seeking to bring an action under Section 8-19-10 with information permitting the identification
of a distributor which has affixed a stamp to a package of cigarettes in accordance with this
section. In addition, between the first and twentieth of each month, each person licensed
to affix the state tax stamp to cigarettes shall file with the Department of Revenue, for
all cigarettes imported into the United States to which such person has...
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45-27-247.06
Section 45-27-247.06 Payment of license tax; commission. (a) The license tax imposed by this
subpart shall be paid to the judge of probate and the judge of probate, after first reimbursing
the county general fund for expenses incurred in the administration and enforcement of this
subpart, and after deducting for his or her own use and benefit the commission as hereinafter
provided, shall, between the eleventh and twentieth of each month distribute the remainder
of the proceeds of the tax in the following manner: Sixty percent to be prorated among the
municipalities within the county upon the basis of the respective sales of cigarettes within
each municipality during the preceding calendar month; and 40 percent to be prorated among
the city and county boards of education for educational purposes on the basis of the previous
year's net enrollment of pupils. (b) For his or her service as provided in this subpart the
judge of probate shall be entitled to a commission of two and one-half...
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45-49-249.50
Section 45-49-249.50 Definitions. For the purposes of this subpart, the following words shall
have the following meanings: (1) BUSINESS RECORDS. All invoices, receipts, ledgers, inventories,
tax returns, balance sheets, reports, and documents of every type, whether prepared or maintained
on paper or electronically. (2) CHEWING TOBACCO. All chewing tobacco prepared in such manner
as to be suitable for chewing only and not suitable for smoking. (3) CIGARS, CHEROOTS, STOGIES,
ETC. A roll for smoking that is of any size or shape and that is made wholly or in part of
tobacco or any substitute therefor, irrespective of whether the tobacco is pure or flavored,
adulterated, or mixed with any other ingredient, if the roll has a wrapper made wholly or
in part of tobacco. (4) FILTERED CIGARS. Filtered cigars that have a cellulose acetate or
similar integrated filter, made of tobacco, or any substitute therefor, and weighing more
than three pounds per 1,000. (5) LITTLE CIGARS. Cigars of all...
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6-12A-2
Section 6-12A-2 Definitions. For the purposes of this chapter, unless otherwise indicated,
the following terms shall have the meanings respectively ascribed to them by this section:
(1) BRAND FAMILY. All styles of cigarettes sold under the same trade mark and differentiated
from one another by means of additional modifiers or descriptors, including, but not limited
to, menthol, lights, kings, and 100s and includes any brand name (alone or in conjunction
with any other word) trademark, logo, symbol, motto, selling message, recognizable pattern
of colors, or any other indicia of product identification identical or similar to, or identifiable
with, a previously known brand of cigarettes. (2) CIGARETTE. As defined under subdivision
(4) of Section 6-12-2. (3) COMMISSIONER. The Commissioner for the Department of Revenue for
the State of Alabama. (4) DISTRIBUTOR. A person, wherever resident or located, who purchases
non-tax-paid cigarettes and stores, sells, or otherwise disposes of the...
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45-45-243
Section 45-45-243 Disposition of funds - General fund. Any law to the contrary notwithstanding,
in Madison County, of the proceeds of the beer tax collected pursuant to Article 5B, commencing
with Section 28-3-190, Chapter 3, Title 28, in addition to the one-eighteenth allocated to
the county general fund, four cents ($0.04) per case shall be paid into the county general
fund for the purposes of county government. The remainder shall be distributed as provided
in paragraph t. of subdivision (2) of subsection (c) of Section 28-3-190. (Act 82-881, 3rd
Sp. Sess., p. 435, § 1.)...
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40-1-44
Section 40-1-44 Interest on delinquent taxes and overpayments. (a) Interest shall be added
as provided herein to any tax or other amount due the department which is not paid by the
due date. Interest on any delinquency shall be charged from the due date of the tax, except
(1) interest on delinquent license taxes levied under Chapter 12 of this title shall be charged
from the delinquent date provided in subsection (e) of Section 40-12-10; and (2) interest
on delinquent license tax and registration fees levied on motor vehicles shall be charged
beginning after the period allowed for registration or renewal; and (3) interest on the freight
lines and equipment companies tax levied in Section 40-21-52 shall be charged from the delinquent
date thereof. The interest shall be computed based on the underpayment rate established by
the Secretary of the Treasury under the authority of 26 U.S.C. §6621. (b)(1) Except as provided
in subdivision (2) of this subsection (b), interest shall be paid by...
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40-25-23
Section 40-25-23 Disposition of funds. All revenues collected under the provisions of this
article, except as otherwise provided, shall be paid to the Department of Revenue by check
or draft made payable to the Treasurer of Alabama, and shall be distributed in the following
manner: (1) All of the revenue derived from the tax levied upon cigarettes by Sections 40-25-2
and 40-25-41 shall be deposited in the State Treasury and 38.82 percent of such revenue shall
be divided as follows: a. Six and six one-hundredths percent to the credit of the State Public
Welfare Trust Fund, which is hereby appropriated for general welfare purposes. In this section,
"general welfare purposes" means: 1. The administration of public assistance as
set out in Sections 38-2-5 and 38-4-1; 2. Services, including supplementation and supplementary
services under the federal Social Security Act, to or on behalf of persons to whom such public
assistance may be given under Section 38-4-1; 3. Services to and on behalf...
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45-17-242.05
Section 45-17-242.05 Payment of tax; records; inspections; seizure and sale of contraband;
appraisal; return of confiscated property; re-use of stamps or refill of packages. (a) After
the tax herein authorized has been levied in accordance with the provisions of this part,
no person, firm, or corporation shall sell, store, or distribute tobacco or tobacco products,
which are subject to such tax, without complying with the provisions of this part and the
rules and regulations promulgated and adopted by the county governing body pursuant thereto,
and paying any and all tax which such person, firm, or corporation may be liable under this
part. Every person, firm, or corporation selling, storing, or distributing in Colbert County
any tobacco or tobacco products shall keep such books, documents, papers, and other such records
as will enable the county governing body, or an authorized employee thereof, to determine
the amount of the tax due the county under this part, and such records shall...
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45-19-244.01
Section 45-19-244.01 Levy of tax; mining fee. (a)(1) There is levied, in addition to all other
taxes imposed by law, an excise and privilege tax on every person severing earthen materials
except graphite within Coosa County. The tax shall be paid to the Department of Revenue at
the rate of twenty-five cents ($.25) per ton by every producer who severs the product within
Coosa County. (2) There is levied, in addition to all other taxes imposed by law, an excise
and privilege tax on every person severing graphite within Coosa County. The graphite tax
shall be paid to the department at the rate of five dollars ($5) per ton by every producer
who severs graphite within Coosa County. (b) In addition to the tax levied in subsection (a),
the county commission may assess a mining fee as it deems necessary on producers who mine
minerals other than earthen material from the soil in Coosa County. If the county commission
does assess such a fee at a county commission meeting, it shall advertise the...
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