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9-13-109
Section 9-13-109 Legislative findings. (a) The Legislature finds and declares that the intent
of Act 2017-301 is to simplify and clarify existing language used to calculate and collect
forest product severance taxes and forest product manufacturing taxes and to ensure that these
taxes are levied and paid only once. In furtherance of that intent, the Legislature finds
that Act 2017-301 clarifies all of the following: (1) Before July 1, 2017, if a manufacturer
paid forest products severance tax utilizing a formula to convert from the weight of delivered
logs to an estimate of volume based on either board measure lumber tally or log scale (Doyle
Rule) for the purposes of determining the amount of forest products severance tax to be paid,
then no additional forest products severance tax shall be due on the products produced from
that log including the parts of the logs that are converted to residual pulpwood chips. (2)
Before July 1, 2017, if any manufacturer collected and paid forest...
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9-13-82
Section 9-13-82 Rates; additional taxes; exemption; legislative intent. (a) The measure of
the forest products severance tax is at the following rates: (1) On pine logs severed in Alabama
and delivered to a manufacturer, processor, or concentration yard in Alabama, the rate shall
be $0.10 per ton (2,000 pounds). On pine logs severed in Alabama for transport out of the
state, the rate shall be $0.10 per ton (2,000 pounds). (2) On all other species of logs severed
in Alabama and delivered to a manufacturer, processor, or concentration yard in Alabama, the
rate shall be $0.065 per ton (2,000 pounds). On all other species of logs severed in Alabama
for transport out of the state, the rate shall be $0.065 per ton (2,000 pounds). (3) On pulpwood,
$0.10 per ton (2,000 pounds) on pulpwood severed in Alabama and delivered to the manufacturer,
concentration yard, or processor. On pulpwood transported out of the state, $0.10 per ton
(2,000 pounds) for pulpwood severed in Alabama. (4) On pilings...
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40-23-4
Section 40-23-4 Exemptions. (a) There are exempted from the provisions of this division and
from the computation of the amount of the tax levied, assessed, or payable under this division
the following: (1) The gross proceeds of the sales of lubricating oil and gasoline as defined
in Sections 40-17-30 and 40-17-170 and the gross proceeds from those sales of lubricating
oil destined for out-of-state use which are transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state, which are otherwise taxed. (2) The gross proceeds of the sale, or sales,
of fertilizer when used for agricultural purposes. The word "fertilizer" shall not
be construed to include cottonseed meal, when not in combination with other materials. (3)
The gross proceeds of the sale, or sales, of seeds for planting purposes and baby chicks and
poults. Nothing herein shall be construed to exempt or exclude from the computation of...
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9-13-81
Section 9-13-81 Levy of severance tax; lien upon forest products, etc., for payment of tax.
To provide further for conservation of the natural resources of the state by protection of
the state's forests and development of the forestry program, there is levied and shall be
collected as provided in this article a privilege tax on every person who owns timber prior
to severance and engages or continues to engage in the state in the business of severing timber
or any other forest products from the soil for sale, profit, or commercial use whether as
owner, lessee, concessionaire, or contractor. The privilege tax imposed by this article is
in addition to other taxes now levied and shall be known as the forest products severance
tax. The tax, together with interest and penalties imposed by this article, shall be a lien
upon the forest products so severed and upon the product or products manufactured therefrom
until the tax imposed by this article with respect to such forest products shall...
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9-13-80
Section 9-13-80 Definitions. The following words, terms, and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning: (1) COMMISSIONER. The Commissioner of Revenue of the State
of Alabama. (2) CONCENTRATION YARD. A place where logs, pulpwood, or inwoods pulpwood chips
severed in Alabama are brought or received within the State of Alabama in a green or rough
form or condition for resale to processors or manufacturers or for shipment out of state.
(3) DEPARTMENT. The Department of Revenue of the State of Alabama. (4) FOREST PRODUCTS. Logs,
pulpwood, poles, pilings, inwoods pulpwood chips, and stumpwood (tarwood). (5) MANUFACTURER.
As applied to logs suitable for manufacture into lumber, plywood, veneer, or other solid wood
product, the person who operates the sawmill or plant in which the products are manufactured;
as applied to pulpwood, the person who operates the paper or pulp mill,...
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9-13-84
Section 9-13-84 Payment and disposition of taxes generally; Special State Forestry Fund; appropriation
of tax receipts for use of State Forestry Commission. (a) The taxes imposed by this article,
and any other taxes imposed on the severance of forest products, shall be due and payable
quarterly to the department and, when collected, shall be paid by the department into the
State Treasury. When so paid into the State Treasury, all such taxes shall be credited by
the Treasurer to a special fund which is hereby created and which shall be known as the Special
State Forestry Fund of the State of Alabama, which fund shall be disbursed under the supervision
of the State Forester, subject to the restrictions embodied in this article, for the purpose
of carrying out the statewide forestry program as provided by law and for no other or different
purposes. Not less than 85 percent of the taxes collected under and by virtue of this article
shall be expended for forest protection. No portion of the...
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9-13-86
Section 9-13-86 Filing of quarterly reports and payment of taxes - Manufacturers and processors;
payment of taxes. Every manufacturer and processor, within 30 days after the expiration of
each quarter annual period expiring, respectively, shall on the last day of March, June, September,
and December of each year, file with the department a statement under oath, on forms prescribed
by the department, showing the kinds of forest products and the gross quantity of each manufactured
during the preceding quarter annual period by the manufacturer or processor, showing the county
or counties in which such products were severed from the soil and showing the gross quantity,
if any, of such forest products severed from soil outside the State of Alabama and such other
reasonable and necessary information pertaining thereto as the department may require for
the proper enforcement of this article. At the time of rendering such quarter annual reports,
the manufacturer or processor shall pay to the...
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9-13-110
Section 9-13-110 Legislative intent. It is the intent of the Legislature that the forest products
severance tax prescribed in subsections (a) and (b) of Section 9-13-82, beginning July 1,
2017, shall initially generate revenues not less than the revenues generated by the tax prior
to July 1, 2017. In order to ensure that the revenues previously generated are not decreased,
the department shall determine the total forest products severance tax revenue generated from
all severance taxpayers from Act 2017-301 for the fiscal year ending September 30, 2018. The
department, no later than December 1, 2018, or as soon thereafter as practical, shall determine
the amount collected from all severance taxpayers for the fiscal year ending September 2018.
If the forest products severance tax generated from all severance taxpayers in the fiscal
year ending 2018 are less than the forest products severance taxes generated from all severance
taxpayers in the fiscal year ending in 2017, on January 1,...
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9-13-88
Section 9-13-88 Recordkeeping requirements. It shall be the duty of every manufacturer and
processor in this state and of every producer who shall ship forest products out of the State
of Alabama in an unmanufactured condition and of every concentration yard where any logs,
pulpwood, or inwoods pulpwood chips are sold or delivered to it to keep and preserve suitable
records with the items separated into the various items on which privilege taxes are levied
in this article, and other books or accounts as may be necessary to determine the amount of
taxes for which he or she is liable under this article. The books and records shall be kept
and preserved for a period of three years, and all records shall be open for examination at
any time by the department or its duly authorized agent. (Acts 1945, No. 169, p. 285, §9;
Acts 1953, No. 695, p. 948, §3; Act 2017-301, §1.)...
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40-13-56
Section 40-13-56 Tax return. For the purpose of ascertaining the amount of tax due and payable
under this article, it shall be the duty of all producers to transmit to the department, on
or before the twentieth day of the month next succeeding the month in which the tax accrues,
a return upon the forms provided by the department. The return shall show the month or period
covered, the total number of tons of each type of severed material sold from each production
unit operated, owned, or controlled by the producer in each county during the period covered,
the amount of the tax due, and such other information as the department may reasonably require
to allocate the tax between raw materials severed and finished products sold, as the case
may be in particular counties. The return shall be signed by the producer and shall be accompanied
by the full amount of the tax shown to be due in good and immediate funds. A copy of the severance
tax return shall be made available to any county...
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