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40-27-1
Section 40-27-1 Compact adopted; terms. The following Multistate Tax Compact is hereby approved,
adopted and enacted into law by the State of Alabama: Multistate Tax Compact Article I. Purposes.
The purposes of this compact are to: 1. Facilitate proper determination of state and local
tax liability of multistate taxpayers, including the equitable apportionment of tax bases
and settlement of apportionment disputes. 2. Promote uniformity or compatibility in significant
components of tax systems. 3. Facilitate taxpayer convenience and compliance in the filing
of tax returns and in other phases of tax administration. 4. Avoid duplicative taxation. Article
II. Definitions. As used in this compact: 1. "State" means a state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession
of the United States. 2. "Subdivision" means any governmental unit or special district
of a state. 3. "Taxpayer" means any corporation, partnership, firm,...
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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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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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11-65-2
Section 11-65-2 Definitions. (a) The following words and phrases used in this chapter, and
others evidently intended as the equivalent thereof, shall, unless the context clearly indicates
otherwise, have the following respective meanings: (1) ALABAMA-BRED. When this term is used
with reference to a horse, it means a horse which is registered in the registry designated
and administered by a commission in accordance with such rules concerning domicile and registration
requirements as may be established by such commission and which is either (i) foaled from
a mare domiciled in the state during the 10-year period beginning with January 1, 1991, or
(ii) sired by an Alabama stallion and foaled from a mare domiciled in the state at any time
after the expiration of such 10-year period. (2) ALABAMA STALLION. A stallion which is standing
in the state at the time he is bred to the dam of an Alabama-bred horse, which is registered
with a commission, and which is owned or leased by a resident of...
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40-5-29
Section 40-5-29 Final report of uncollected balances of insolvent taxes. At the first regular
meeting of the county commission held during the year next succeeding, the collector must
make final report of the uncollected balances of such insolvent taxes, showing the name of
every insolvent taxpayer from whom he has been unable to collect, the amounts of state and
county taxes due from him and an itemized report of the taxes still in litigation; and thereupon,
if the commission is satisfied that the collector has made diligent effort to collect such
taxes, the commission shall make an order allowing the collector credit for such insolvent
taxes as he has been unable to collect and for taxes remaining in litigation and shall credit
him with all county taxes included therein; and the presiding officer shall certify the same
to the Comptroller, who shall thereupon credit the collector with the state taxes included
in the lists so allowed. The account for taxes remaining in litigation shall...
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40-7-28
Section 40-7-28 Correction of improvement assessment when improvements nonexistent. When, prior
to March 1 next after the close of any ad valorem tax year, any taxpayer, his agent, or attorney
shall make proof satisfactory to the county tax assessor of the county in which such real
estate is assessed that improvements have been assessed against him as being on said real
estate when in fact there were no improvements thereon, as of the close of any ad valorem
tax year the tax assessor shall be, and he hereby is, authorized and empowered to correct
said assessment to speak the truth by deleting therefrom said improvements and the assessed
value thereof. The tax assessor shall promptly thereafter give written notice of such correction
of said assessment to the tax collector and to the board of equalization of said county and
shall securely attach a copy of said notice to the corrected assessment record. (Acts 1953,
No. 317, p. 374.)...
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40-1-3
Section 40-1-3 Lien for taxes - Date of lien. From and after October 1 of each year, when property
becomes assessable the state shall have a lien upon each and every piece or parcel of property
owned by any taxpayer for the payment of all taxes which may be assessed against him and upon
each piece and parcel of property real or personal assessed to owner unknown, which lien shall
continue until such taxes are paid, and the county shall have a like lien thereon for the
payment of the taxes which may be assessed by it; and, if such property is within the limits
of a municipal corporation, such municipal corporation shall have a like lien thereon for
the payment of the taxes which may be assessed by it. These liens shall be superior to all
other liens and shall exist in the order named, and each of such liens may be enforced and
foreclosed by sale for taxes as provided in this title, or as other liens upon property are
enforced, except as otherwise provided by laws. (Acts 1935, No. 194,...
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40-2A-6
Section 40-2A-6 Government contract for examination of taxpayer's records where compensation,
etc., contingent upon tax, interest, etc., assessed or collected; violation; costs of examination.
(a) The state or any county or municipal governing authority may not enter into any contract
or arrangement for the examination of a taxpayer's books and records, written or otherwise,
with a private auditing or collecting firm, if any part of the compensation or other benefits
paid or payable to the private auditing or collecting firm is contingent upon or in any manner
related to the amount of tax, license fee, interest, court cost, penalty, or any other item
assessed against or collected from the taxpayer. Any such contract or arrangement, if made
or entered into, is void and unenforceable. Any assessment or preliminary assessment of taxes,
license fees, penalties, court costs, interest, or other items proposed or asserted by, or
based upon the recommendation of, a private auditing or...
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11-51-51
Section 11-51-51 Preparation, contents, and effect of receipt of tax collector. Upon collection
of taxes by the tax collector, he shall embrace in his receipt, required to be given as provided
by law in regard to state and county taxes, a statement of the amount of municipal taxes,
if any, paid on real estate, and municipal taxes, if any, paid on personal property and, if
any interest has accrued, a statement of the amount thereof paid. Such receipt shall also
show the tax year for which the municipal tax is paid and the municipality for which the tax
is paid, and such receipt shall be prima facie evidence that such taxpayer has paid his municipal
taxes for the year stated on real and personal property and other subjects of taxation. (Acts
1931, No. 300, p. 337; Acts 1939, No. 57, p. 67; Code 1940, T. 37, ยง708.)...
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40-5-34
Section 40-5-34 Assessment and collection of escaped taxes - Procedure. It is the duty of the
collector, when engaged in the collection of taxes for any year, if he discovers that any
person or property within his county has not been assessed with the tax or taxes lawfully
chargeable to such person or property for that year, or any preceding year, not more than
five years before that time, forthwith to assess and collect the taxes due on the same and
in writing to notify the assessor of the fact so discovered, in order that proper assessment
of unassessed taxes may be made, and the collector has the same authority to administer oaths
and propound questions as the assessor has, and any party failing or refusing to answer such
questions or to give in his property shall be liable to the same penalties as provided in
cases where parties fail or refuse to return their property to the assessor or answer the
questions required to be propounded by the assessor. In such assessments of escaped...
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