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40-13-1
Section 40-13-1 Definitions. For the purposes of this article, the following terms shall have
the respective meanings ascribed to them by this section: (1) BONDS. Any revenue bonds or
notes that may at any time be issued by the Alabama State Docks Department pursuant to authorization
in Act No. 64, p. 115, of the Alabama Legislature of 1971 (First Special Session), as same
may be amended from time to time, for the purpose of constructing any seaport facility. (2)
COMMISSIONER. The Commissioner of Revenue of the Department of Revenue of the State of Alabama.
(3) PERSON. Any individual, firm, partnership, corporation, association, or any combination
thereof. (4) PRODUCER. Any person engaging in the business of severing coal from the soil
within this state. (5) PURCHASER. Any person acquiring title, outright or conditionally, to
any interest in severed coal. (6) SEVER. Cutting, mining, stripping, or otherwise taking or
removing from the soil within Alabama. (7) SEAPORT FACILITY. Any...
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40-13-51
Section 40-13-51 Definitions. As used in this article, the following terms shall have the following
meanings: (1) BORROW PIT. An area from which soil or other unconsolidated materials are removed
to be used, without further processing, for highway or road construction and maintenance.
(2) COMMISSIONER. The Commissioner of Revenue of the Alabama Department of Revenue. (3) DEPARTMENT.
The Alabama Department of Revenue. (4) OPERATOR. Any person engaged in mining or quarrying
operations in the state, whether individually, jointly, or through a parent, subsidiary, or
affiliated company, or by agent, employee, or contractor. (5) PERSON. Any individual or individuals,
partnership, limited partnership, corporation, limited liability company, limited liability
partnership, business trust, or any other association of persons. (6) POLLUTION CONTROL OR
ABATEMENT. As defined in Section 40-23-4(a)(16) and shall include, but shall not be limited
to, severed materials used in the treating, modifying,...
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40-7-25.1
Section 40-7-25.1 Current use value of Class III property - Definition; appraisal of property
at request of owner; legislative intent; applicability of section; method of valuation; factors
considered in appraisal; rules and regulations of Department of Revenue; hearing objections.
(a) For ad valorem tax years beginning on and after October 1, 1978, with respect to taxable
property defined in Section 40-8-1, as amended, as Class III property and upon request by
the owner of such property as hereinafter provided, the assessor shall base his appraisal
of the value of such property on its current use on October 1 in any taxable year and not
on its fair and reasonable market value. Failure of an owner of Class III property to request
appraisal at current use value shall mean that the property shall be valued on its fair and
reasonable market value as otherwise provided in this title until such time as the owner thereof
shall request valuation on the basis of current use value. As used in...
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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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9-13-110
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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40-13-54
Section 40-13-54 Rate and collection of tax; credit; liability for tax. (a) The rate of the
tax shall be ten cents ($0.10) per ton on severed material sold as tangible personal property.
Provided, however, that naturally occurring unprocessed sand may be taxed at a higher rate
by a local act and all such tax collected at such higher rate shall be remitted directly to
the jurisdiction in which the operator severing such naturally occurring unprocessed sand
is located. (b) Except as provided in Section 40-13-55(c), the tax levied by this article
shall be collected by the producer and become due and payable by the purchaser thereof at
the time of sale or delivery, whichever first occurs, provided that the tax shall be identified
as a severance tax on a bill of sale, invoice, or similar sales document to the purchaser
thereof, otherwise the tax shall instead be the obligation of the producer. The tax levied
under this article shall not be included in the measure of tax for any other tax...
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45-36-246
Section 45-36-246 Levy and collection of tax. (a) There is levied from each producer of coal
in Jackson County a privilege or license tax to be known as a severance tax. The rate of the
tax shall be twenty cents ($.20) per ton of coal severed. (b) The tax herein levied shall
be in addition to any state tax heretofore or hereafter imposed on the severance of coal,
but shall be the only severance tax levied by the county on coal. One hundred percent of the
net proceeds from such tax shall be deposited in a special fund known as the Coal Severance
Tax Road Fund. Expenditures from this Coal Severance Tax Road Fund shall be made for the purpose
of repairs, maintenance, and construction of roads and bridges in Jackson County with preference
to be given, when possible, to roads and bridges which have been damaged by coal hauling and
mining activities but with the Jackson County Commission to have sole discretion in determining
and designating upon which roads and bridges such sums shall be...
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9-13-107
Section 9-13-107 Forest products to which taxes imposed by article applicable. The taxes imposed
by this article shall apply to any forest products severed from land owned by either the State
of Alabama or the United States of America, where the forest products severed enter commercial
channels of trade for competitive markets. (Acts 1945, No. 185, p. 285, ยง24.)...
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9-13-60
Section 9-13-60 Unauthorized cutting, removal, transportation, etc., of timber or other forest
products. (a) It is unlawful for any person or persons to do any of the following: (1) Willfully
and knowingly cut, kill, destroy, girdle, chop, chip, saw or otherwise damage timber or forest
products not his own or without authority of the legal owner. (2) Willfully and knowingly
remove timber or other forest products other than his own or without authority of the legal
owner. (3) Willfully and knowingly transport timber or other forest products which have been
severed or removed in violation of subdivision (1) or (2). (4) Willfully and knowingly purchase
or contract to purchase or otherwise obtain timber or forest products severed, removed or
transported in violation of subdivision (1), (2), or (3). (5) Willfully and knowingly sell,
contract to sell or otherwise dispose of logs, poles, piling, crossties, pulpwood, veneer
bolts, staves, or other unmanufactured or semimanufactured forest...
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9-13-63
Section 9-13-63 Record of purchases, etc., of manufactured or semimanufactured forest products;
provision of false information to purchasers, etc.; failure to maintain record, etc. Any person,
firm, or corporation buying, contracting to buy, or otherwise acquiring logs, poles, piling,
crossties, pulpwood, veneer bolts, stave bolts, or other unmanufactured or semimanufactured
forest products shall keep a written record in this state of every such purchase. The record
shall contain the name of the person or persons from whom the product was acquired, the county
from which the timber or other forest product was severed, the amount thereof and the date
of delivery, which information shall be obtained from the person or persons from whom the
product was acquired. This record shall be a true, accurate, and correct statement of the
transaction as provided for in this section. Any person who knowingly gives false information
to the purchaser of the product or who willfully misstates the facts...
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