Code of Alabama

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40-17-174
Section 40-17-174 Wholesale oil license fee; import license fee; exemption. (a) Each person,
firm, corporation, or agency selling diesel fuel, other than transmix, across the rack at
a terminal within this state shall pay to the Department of Revenue for the use of the state,
within two weeks from the beginning of the fiscal year, a wholesale oil license fee equal
to three-fourths of one cent per gallon for each gallon of diesel fuel so sold during the
preceding fiscal year, including all diesel fuel whether manufactured or imported into the
state prior to the sale. Exempted from this fee shall be diesel fuel exported from this state
for which proof of export is available in the form of a terminal issued shipping document.
(b) Each importer of diesel fuel, other than transmix, into this state, other than by a bulk
transfer, for delivery to a destination in this state shall pay to the Department of Revenue
for the use of the state within two weeks from the beginning of the fiscal year,...
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40-17-331
Section 40-17-331 Floor-stocks tax on motor fuel. (a) There is hereby imposed a floor-stocks
tax on motor fuel held in inventory outside of the bulk transfer/terminal system on the effective
date of the tax increase and on the date of each subsequent tax increase levied by the Rebuild
Alabama Act. (b) Each rate of the tax imposed by this section shall be the incremental amount
of tax imposed under the Rebuild Alabama Act. (c) Any wholesale distributor holding motor
fuel in inventory outside of the bulk transfer/terminal system on the effective date of each
tax increase levied by the Rebuild Alabama Act shall be liable for the tax. (d) The tax imposed
by the Rebuild Alabama Act shall be paid on or before the last day of the third month following
each tax increase and shall be paid in the manner prescribed by the department. (Act 2011-565,
p. 1084, §12; Act 2019-2, 1st Sp. Sess., §3.)...
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40-17-334
Section 40-17-334 Licensed permissive suppliers. (a) A person may elect to obtain a permissive
supplier license to collect the tax levied by Section 40-17-325 for motor fuel that is removed
at a terminal in another state and has Alabama as the destination state. (b) A licensed permissive
supplier removing motor fuel at a terminal located in another state with Alabama as its destination
state shall do all of the following: (1) Collect the tax due this state on the motor fuel.
(2) Waive any defense that this state lacks jurisdiction to require the supplier to collect
the tax due this state on the motor fuel under this article. (3) Report and pay the tax due
on the motor fuel in the same manner as if the removal had occurred at a terminal located
in Alabama. (4) Keep records of the removal of the motor fuel and submit to audits concerning
the motor fuel as if the removal had occurred at a terminal located in Alabama. (c) A licensed
permissive supplier acknowledges that this state imposes...
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40-17-341
Section 40-17-341 Remitting of taxes due to supplier or permissive supplier. (a) Each distributor
or importer shall remit to the supplier or permissive supplier, as applicable, the motor fuel
tax levied by Section 40-17-325 due on motor fuel removed at a terminal rack. At the election
of a licensed distributor or licensed importer, the supplier or permissive supplier may not
require the licensed distributor or licensed importer to pay the tax levied by Section 40-17-325
earlier than one business day before the date the supplier or permissive supplier is required
to pay the tax to this state. An election under this subsection is subject to the condition
that remittances by the licensed distributor or licensed importer of all tax due to the supplier
or permissive supplier shall be paid by electronic funds transfer. An election under this
subsection may be terminated by the supplier or permissive supplier if the licensed distributor
or licensed importer does not make timely payments to...
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40-17-327
Section 40-17-327 Taxable unaccounted for motor fuel losses at a terminal. (a) There is hereby
annually levied a tax at the rates specified by Section 40-17-325 on taxable unaccounted for
motor fuel losses at a terminal in this state. For the purposes of this section, taxable unaccounted
for motor fuel losses shall mean the number of net gallons of unaccounted for motor fuel losses
that exceed one half of one percent of the number of net gallons removed from the terminal
during the year by a bulk transfer or at the terminal rack. Unaccounted for motor fuel losses
means the difference between: (1) The amount of motor fuel in inventory at the terminal at
the beginning of the calendar year plus the amount of motor fuel received by the terminal
during the year; and (2) the amount of motor fuel in inventory at the terminal at the end
of the calendar year plus the amount of motor fuel removed from the terminal during the year.
Accounted for motor fuel losses which have been approved by the...
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40-17-345
Section 40-17-345 Import verification number; licensing. (a) Any importer bringing motor fuel
into this state in a transport truck, or by other means outside the terminal transfer system,
who has not acquired the fuel from a supplier or permissive supplier who has pre-collected
the tax shall be required to obtain an import verification number from the department or its
designee prior to the actual importation of that fuel. (b) An importer who knowingly imports
taxable motor fuel in a transport truck in violation of the provisions of this article, without
either a valid importer's license or supplier's license and either an import verification
number or a shipping paper showing on its face that the tax on the fuel is not due shall be
subject to a civil penalty of one thousand dollars ($1,000) for each occurrence, to be multiplied
by the sum of the current violation plus prior violations. (c) When obtaining an import verification
number an importer is required to show that number on a...
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40-17-347
Section 40-17-347 Monthly informational report of terminal operators; annual report. (a) A
terminal operator shall file with the department a monthly informational report showing the
amount of motor fuel received and removed from the terminal during the month. The report is
due by the last day of the month following the month covered by the report. The report shall
contain all of the following information and any other information required by the department:
(1) The terminal code assigned by the Internal Revenue Service. (2) The beginning and ending
inventory which pertains to the applicable reporting month. (3) The number of net gallons
of motor fuel received in inventory at the terminal during the month and each position holder
for the motor fuel. (4) The number of net gallons of motor fuel removed from inventory at
the terminal during the month and, for each removal, the position holder for the motor fuel
and the destination state of the motor fuel. (5) The number of net gallons of...
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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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40-17-370
Section 40-17-370 Levy, administration, and collection of additional excise tax. (a) Effective
for tax periods beginning after August 31, 2019, an additional excise tax of six cents ($0.06)
is imposed on each net gallon of gasoline and diesel fuel. (b) Effective October 1, 2020,
this additional excise tax is increased by two cents ($.02) to eight cents ($0.08) on each
net gallon of gasoline and diesel fuel. (c) Effective October 1, 2021, this additional excise
tax is increased by two cents ($.02) to ten cents ($0.10) on each net gallon of gasoline and
diesel fuel. (d) Beginning October 1, 2023, and on July 1 of every other year thereafter,
the excise tax rate provided in this section shall be adjusted by the percentage change in
the yearly average of the National Highway Construction Cost Index (NHCCI) issued by the U.
S. Federal Highway Administration (FHWA) for the most recent 12-month period ending December
31, compared to the base year average, which is the average for the 12-month...
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22-35-5
Section 22-35-5 Fee; withdrawals; disposition of funds; liability for clean-up costs; audit.
(a) Every owner of an underground or aboveground storage tank as defined in this chapter shall
pay an Underground and Aboveground Storage Tank Trust Fund fee as established by the provisions
of this chapter to be paid to the department. During the first year next following October
1, 1988, the amount of the annual Underground and Aboveground Storage Tank Trust Fund fee
shall be one hundred dollars ($100). Thereafter, the commission, upon recommendation of the
management board, shall set such an amount not to exceed one hundred fifty dollars ($150)
per year per regulated tank. Should the fund become depleted due to claims being greater than
amounts provided by tank fees, the commission shall be empowered to make special assessments
of tank fees to protect the financial integrity of the fund. Provided the total tank fees
and special assessments for any fiscal year do not exceed one hundred fifty...
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