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40-15B-4
Section 40-15B-4 Statutory apportionment of estate taxes. To the extent that apportionment
of an estate tax is not controlled by an instrument described in Section 40-15B-3 and except
as otherwise provided in Sections 40-15B-6 and 40-15B-7, the following rules apply: (1) Subject
to paragraphs (2), (3), and (4), the estate tax is apportioned ratably to each person that
has an interest in the apportionable estate. (2) A generation-skipping transfer tax incurred
on a direct skip taking effect at death is charged to the person to whom the interest in property
is transferred. (3) If property is included in the decedent's gross estate because of Section
2044 of the Internal Revenue Code of 1986 or any similar estate tax provision, the difference
between the total estate tax for which the decedent's estate is liable and the amount of estate
tax for which the decedent's estate would have been liable if the property had not been included
in the decedent's gross estate is apportioned ratably...
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40-15B-3
Section 40-15B-3 Apportionment by will or other dispositive instrument. (a) Except as otherwise
provided in subsection (c), the following rules apply: (1) To the extent that a provision
of a decedent's will expressly and unambiguously directs the apportionment of an estate tax,
the tax must be apportioned accordingly. (2) Any portion of an estate tax not apportioned
pursuant to paragraph (1) must be apportioned in accordance with any provision of a revocable
trust of which the decedent was the settlor which expressly and unambiguously directs the
apportionment of an estate tax. If conflicting apportionment provisions appear in two or more
revocable trust instruments, the provision in the most recently dated instrument prevails.
For purposes of this paragraph: (A) a trust is revocable if it was revocable immediately after
the trust instrument was executed, even if the trust subsequently becomes irrevocable; and
(B) the date of an amendment to a revocable trust instrument is the date of...
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40-15B-6
Section 40-15B-6 Insulated property: advancement of tax. (a) In this section: (1) "Advanced
fraction" means a fraction that has as its numerator the amount of the advanced tax and
as its denominator the value of the interests in insulated property to which that tax is attributable.
(2) "Advanced tax" means the aggregate amount of estate tax attributable to interests
in insulated property which is required to be advanced by uninsulated holders under subsection
(c). (3) "Insulated property" means property subject to a time-limited interest
which is included in the apportionable estate but is unavailable for payment of an estate
tax because of impossibility or impracticability. (4) "Uninsulated holder" means
a person who has an interest in uninsulated property. (5) "Uninsulated property"
means property included in the apportionable estate other than insulated property. (b) If
an estate tax is to be advanced pursuant to subsection (c) by persons holding interests in
uninsulated property...
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40-15B-2
Section 40-15B-2 Definitions. In this chapter: (1) "Apportionable estate" means the
value of the gross estate as finally determined for purposes of the estate tax to be apportioned
reduced by: (A) any claim or expense allowable as a deduction for purposes of the tax; (B)
the value of any interest in property that, for purposes of the tax, qualifies for a marital
or charitable deduction or otherwise is deductible or is exempt; and (C) any amount added
to the decedent's gross estate because of a gift tax on transfers made before death. (2) "Estate
tax" means a federal, state, or foreign tax imposed because of the death of an individual
and interest and penalties associated with the tax. The term does not include an inheritance
tax, income tax, or generation-skipping transfer tax other than a generation-skipping transfer
tax incurred on a direct skip taking effect at death. (3) "Gross estate" means,
with respect to an estate tax, all interests in property subject to the tax. (4) "Person"...
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40-15-7
Section 40-15-7 Nonresident decedents. (a) Except as herein otherwise provided, all of the
provisions of this chapter shall be applicable to so much of the estates of nonresident decedents
as is subject to estate tax under the act of Congress in effect at the time of the death of
decedent as consists of real estate or tangible personal property located within this state
or other items of property or interest therein lawfully subject to the imposition of an estate
tax by the State of Alabama. (b) In assessing the tax upon any real estate or tangible property
located within this state belonging to the estate of a nonresident decedent, which shall pass
by will, devise or by the laws of intestacy, the Department of Revenue shall determine the
tax due to be such proportion of the federal estate tax as would be leviable upon an estate
of similar taxable net value, less that proportion of any exemption to which the estate is
entitled, which the actual value of the real estate and tangible...
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40-15B-9
Section 40-15B-9 Collection of estate tax by fiduciary. (a) A fiduciary responsible for payment
of an estate tax may collect from any person the tax apportioned to and the tax required to
be advanced by the person. (b) Except as otherwise provided in Section 40-15B-6, any estate
tax due from a person that cannot be collected from the person may be collected by the fiduciary
from other persons in the following order of priority: (1) any person having an interest in
the apportionable estate which is not exonerated from the tax; (2) any other person having
an interest in the apportionable estate; (3) any person having an interest in the gross estate.
(c) A domiciliary fiduciary may recover from an ancillary personal representative the estate
tax apportioned to the property controlled by the ancillary personal representative. (d) The
total tax collected from a person pursuant to this chapter may not exceed the value of the
person's interest. (Act 2007-283, p. 501, ยง9.)...
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40-29-24
Section 40-29-24 Surrender of property subject to levy; "person" defined. (a) Requirement.
Except as otherwise provided in subsection (b), any person in possession of (or obligated
with respect to) property or rights to property subject to levy upon which a levy has been
made shall, upon demand of the Commissioner of Revenue or his delegate, surrender such property
or rights (or discharge such obligation) to the Commissioner of Revenue or his delegate, except
such part of the property or rights as is, at the time of such demand, subject to an attachment
or execution under any judicial process. (b) Enforcement of levy. (1) EXTENT OF PERSONAL LIABILITY.
Any person who fails or refuses to surrender any property or rights to property, subject to
levy, upon demand by the Commissioner of Revenue, shall be liable in his own person and estate
to the State of Alabama in a sum equal to the value of the property or rights not so surrendered,
but not exceeding the amount of taxes for the...
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40-22-1
Section 40-22-1 Deeds, bills of sale, etc. (a) Except as set out in subsection (b), no deed,
bill of sale, or other instrument of like character which conveys any real or personal property
within this state or which conveys any interest in any such property shall be received for
record unless the privilege or license tax is paid prior to the instrument being offered for
record as provided in subsection (c). (b) No privilege or license tax shall be required for
any of the following: (1) The transfer of mortgages on real or personal property within this
state upon which the mortgage tax has been paid. (2) Deeds or instruments executed for a nominal
consideration for the purpose of perfecting the title to real estate. (3) The re-recordation
of corrected mortgages, deeds, or instruments executed for the purpose of perfecting the title
to real or personal property, specifically, but not limited to, corrections of maturity dates
thereof, and deeds and other instruments or conveyances,...
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40-29-28
Section 40-29-28 Redemption of property. (a) Before sale. Any person whose property has been
levied upon hereunder or subject to execution under Section 40-2-11 shall have the right to
pay the amount due, together with the expenses of the proceeding, if any, to the commissioner
or his delegate at any time prior to the sale thereof, and upon such payment the commissioner
or his delegate shall restore such property to him, and all further proceedings in connection
with the levy on such property shall cease from the time of such payment. (b) Redemption of
real estate after sale. (1) PERIOD. The owners of any real property sold as provided in Section
40-29-26, their heirs, executors, or administrators, or any person having any interest therein,
or a lien thereon, or any person in their behalf, shall be permitted to redeem the property
sold, or any particular tract of such property, at any time within one year after the sale
thereof. Real property purchased by the state at said sale may be...
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40-15-13
Section 40-15-13 Lien of state; affidavit by personal representative of estate. (a) The State
of Alabama shall have a lien for all taxes and interest thereon which are or may become due
hereunder on all property which a decedent dies seized or possessed of subject to taxes under
this chapter, in whatever form of investment it may happen to be, and all property acquired
in substitution therefor. (b) The personal representative of an estate may execute and record
in the county of last domicile of the decedent and wherever the decedent's probate estate
is pending, an affidavit certifying that the estate is not taxable or alternatively, an affidavit
certifying that the estate is taxable and that the proper copy of the federal estate tax return
has or will be filed with the department within the proper time limits as provided by law.
The affidavit shall begin by stating that it is being filed in accordance with this section.
The content of the affidavit shall include, but not be limited to,...
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