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40-13-53
Section 40-13-53 Applicability. (a) The term severed material, as defined in subdivision (9)
of Section 40-13-51 shall not include lime or limestone used for agricultural purposes or
for pollution control or abatement purposes, nor rock dust used for settling coal dust in
underground mines or similar uses, nor any natural minerals used for the purpose of producing
portland cement, nor processed sand used in the foundry cores, mold, and linings, nor clay
that produces lightweight aggregate, severed materials that are further processed into a finished
aggregate or limestone product without being transported on a public road, marble and marble
by-products, iron ore, quartzite, coal, oil, and natural gas and the severance of marble and
marble by-products, iron ore, quartzite, coal, oil, and natural gas shall not be subject to
the provisions of this article. (b) The tax levied by this article shall apply to all severed
material severed from the ground within this state and sold as tangible...
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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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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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40-13-56
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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40-23-1
Section 40-23-1 Definitions; transactions considered or not considered sales. (a) For the purpose
of this division, the following terms shall have the respective meanings ascribed by this
section: (1) PERSON or COMPANY. Used interchangeably, includes any individual, firm, copartnership,
association, corporation, receiver, trustee, or any other group or combination acting as a
unit and the plural as well as the singular number, unless the intention to give a more limited
meaning is disclosed by the context. (2) DEPARTMENT. The Department of Revenue of the State
of Alabama. (3) COMMISSIONER. The Commissioner of Revenue of the State of Alabama. (4) TAX
YEAR or TAXABLE YEAR. The calendar year. (5) SALE or SALES. Installment and credit sales and
the exchange of properties as well as the sale thereof for money, every closed transaction
constituting a sale. Provided, however, a transaction shall not be closed or a sale completed
until the time and place when and where title is transferred by...
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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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45-19-244.03
Section 45-19-244.03 Monthly report - Purchasers and transporters. Purchasers and transporters
of a product severed in Coosa County shall file a report with the department on forms prescribed
by the department within 20 days after the end of each calendar month in which the purchaser
or transporter purchased or transported earthen material or graphite severed in Coosa County.
The report shall state the names and addresses of all producers in Coosa County from whom
the purchaser or transporter has received the earthen material during the calendar month,
the total quantity of earthen material or graphite so acquired, and, in the case of a transporter,
to whom and where each ton of earthen material or graphite was delivered, and any other information
as the commissioner may reasonably require for the proper enforcement of this part, including
the routes traveled in transporting the gravel and the amounts of any privilege tax on the
transportation. The report shall be signed by the...
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40-13-58
Section 40-13-58 Disposition of funds. (a) All revenues collected from the tax levied pursuant
to this article, less an amount to cover the expenses of administration and collection and
one-half of all interest and penalties collected, as provided in subsection (b) of Section
40-13-57, shall be remitted quarterly to the governing body of the county from which the severed
material was severed within 60 days following the end of a calendar quarter along with a report
prepared by the department detailing how the amount remitted was determined. Notwithstanding
the above, the aggregate amount retained by the department to defray the expenses described
herein shall not exceed 1.5 percent of the total revenues collected during such calendar quarter
and shall be credited to its current service revenue. (b) The revenues remitted to a county
as provided in subsection (a) shall be deposited into a fund held and dispensed by the county
commission and designated as the severed material severance...
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40-13-55
Section 40-13-55 Rules and regulations; accounting. (a) The department shall administer and
collect this tax and shall promulgate rules and regulations necessary and reasonable for the
administration of this article. It shall be the duty of the department to include in such
regulations an appropriate method to allocate funds collected to the county where the severed
material was severed or processed. Any records related to the collection, distribution, and
enforcement of this tax in a particular county, including serverance tax returns, shall be
made available to the county commission of the county upon request from the county commission.
(b) The department and producers shall use the inventory accounting principle known as "first
in-first out" in determining the tax payable on stockpiles or inventories of severed
material sold, and to which county the tax revenue should be allocated, regardless of where
the severed material is stored or sold. Any records detailing the allocation of...
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40-20-3
Section 40-20-3 Tax levied upon producers in proportion to ownership at time of severance;
by whom tax paid; lien. (a) The privilege tax hereby imposed is levied upon the producers
of such oil or gas in the proportion of their ownership at the time of severance, but, except
as otherwise herein provided, the tax shall be paid by the person in charge of the production
operations, who is hereby authorized, empowered, and required to deduct from any amount due
to producers of such production at the time of severance the proportionate amount of the tax
herein levied before making payments to such producers. The tax shall become due and payable
as provided by this article and such tax shall constitute a first lien upon any of the oil
or gas so produced when in the possession of the original producer or any purchaser of such
oil or gas in its unmanufactured state or condition. In the event the person in charge of
production operations or the purchaser fails to pay the tax, then the department...
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