Code of Alabama

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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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27-61-1
Section 27-61-1 Surplus Lines Insurance Multi-State Compliance Compact. The Surplus Lines Insurance
Multi-State Compliance Compact Act is enacted into law and entered into with all jurisdictions
mutually adopting the compact in the form substantially as follows: PREAMBLE WHEREAS, with
regard to Non-Admitted Insurance policies with risk exposures located in multiple states,
the 111th United States Congress has stipulated in Title V, Subtitle B, the Non-Admitted and
Reinsurance Reform Act of 2010, of the Dodd-Frank Wall Street Reform and Consumer Protection
Act, hereafter, the NRRA, that: (A) The placement of Non-Admitted Insurance shall be subject
to the statutory and regulatory requirements solely of the insured's Home State, and (B) Any
law, regulation, provision, or action of any State that applies or purports to apply to Non-Admitted
Insurance sold to, solicited by, or negotiated with an insured whose Home State is another
State shall be preempted with respect to such application;...
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40-9B-3
Section 40-9B-3 Definitions. (a) For purposes of this chapter, the following words and phrases
mean: (1) ABATE, ABATEMENT. A reduction or elimination of a taxpayer's liability for tax or
payments required to be made in lieu thereof. An abatement of transaction taxes imposed under
Chapter 23 of this title, or payments required to be made in lieu thereof, shall relieve the
seller from the obligation to collect and pay over the transaction tax as if the sale were
to a person exempt, to the extent of the abatement, from the transaction tax. (2) ALTERNATIVE
ENERGY RESOURCES. The definition given in Section 40-18-1. (3) CONSTRUCTION RELATED TRANSACTION
TAXES. The transaction taxes imposed by Chapter 23 of this title, or payments required to
be made in lieu thereof, on tangible personal property and taxable services incorporated into
an industrial development property, the cost of which may be added to capital account with
respect to the property, determined without regard to any rule which...
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40-18-175
Section 40-18-175 Tax imposed when passive investment income of corporation having subchapter
C earnings and profits exceeds 25 percent of gross receipts. (a) If for the taxable year an
Alabama S corporation has accumulated earnings and profits at the close of the taxable year
derived from years during which the corporation was an Alabama C corporation, and gross receipts
more than 25 percent of which are passive investment income, then there is imposed a tax on
the income of the corporation for the taxable year. The tax shall be computed by multiplying
the excess net passive income by five percent. (b) (1) For purposes of this section: a. Except
as provided in paragraph b below, the term "excess net passive income" means an
amount which bears the same ratio to the net passive income for the taxable year as (i) the
amount by which the passive investment income for the taxable year exceeds 25 percent of the
gross receipts for the taxable year, bears to (ii) the passive investment income...
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40-18-174
Section 40-18-174 Tax imposed on certain built-in gains. (a) If for any taxable year beginning
in the recognition period an Alabama S corporation has a net recognized built-in gain, there
is hereby imposed a tax (computed under subsection (b)) on the income of such corporation
for such taxable year. (b)(1) The amount of the tax imposed by subsection (a) shall be computed
by multiplying five percent by the net recognized built-in gain of the Alabama S corporation
for the taxable year. (2) Notwithstanding Section 40-18-168, any net operating loss carryforward
which would be deductible except for Section 40-18-168 and which arose in a taxable year for
which the corporation was not an Alabama S corporation, shall be allowed as a deduction against
the net recognized built-in gain of the Alabama S corporation for the taxable year. For purposes
of determining the amount of any such loss which may be carried to subsequent taxable years,
the net recognized built-in gain shall be treated as...
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40-16-10
Section 40-16-10 Computation of net income of financial institutions. (a) In computing the
net income of financial institutions subject to the tax imposed by this chapter, there shall
be allowed, in addition to the deductions specified therein, a deduction for the sum of the
net operating losses which may be carried forward to the taxable year for which the net income
of the financial institution is being computed. (1) The term "net operating loss"
for the purposes of this chapter means the amount by which net income of the financial institution,
before the deduction allowed by this section, with respect to a taxable year is less than
zero. For purposes of this section, the financial institution's net income shall be determined
under this chapter applicable to the year in which the net operating loss arises. (2) A net
operating loss shall be carried forward to the earliest subsequent taxable year in which the
financial institution has net income greater than zero, determined without...
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40-18-154
Section 40-18-154 Alabama Military Support Foundation, Inc. - Contribution designation. (a)
Each Alabama state individual income tax return form for the 2009 tax year and each year thereafter
shall contain a designation as follows: "Alabama Military Support Foundation, Incorporated.
"Check ( ) if you wish to designate $1, $5, $10, or more of your state income tax refund.
"If joint return, check ( ) if spouse wishes to designate $1, $5, $10 or more."
(b) Each individual taxpayer required to file a state income tax return desiring to contribute
to the Alabama Military Support Foundation, Incorporated, may designate, by placing an "X"
in the appropriate box on the state income tax form, that such contribution shall be credited
to the foundation. (c) The Department of Revenue shall determine annually the total amount
designated pursuant to subsection (b) for the commission and shall deposit such amount, less
costs of administration not to exceed 10 percent of revenue produced, to the...
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40-18-155
Section 40-18-155 Alabama Firefighters Annuity and Benefit Fund. (a) Each Alabama state individual
income tax return form for the 2010 tax year and each year thereafter shall contain a designation
as follows: "Alabama Firefighters Annuity and Benefit Fund. "Check ( ) if you wish
to designate $2 or more of your state income tax refund. "If joint return, check ( )
if spouse wishes to designate $2 or more." (b) Each individual taxpayer required to file
a state income tax return desiring to contribute to the Alabama Firefighters Annuity and Benefit
Fund, may designate, by placing an "X" in the appropriate box on the state income
tax form, that such contribution shall be credited to the foundation. (c) The Department of
Revenue shall determine annually the total amount designated pursuant to subsection (b) for
the fund and shall deposit such amount, less costs of administration not to exceed three percent
of revenue produced, to the fund. (d) The commissioner of the department is authorized...

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40-18-34
Section 40-18-34 Additions required by corporations. The following items shall be added to
federal taxable income for purposes of computing taxable income under this chapter: (a) State
and local income taxes that are deductible in computing federal taxable income. (b) Interest
on obligations of state or local governments other than Alabama that is excludable from gross
income for federal income tax purposes. (c) Refunds of federal income taxes deducted. (d)
Dividends received from a corporation in which the taxpayer owns less than 20% of the stock
(by vote and value), but only to the extent such dividends are properly deducted in computing
taxable income for federal income tax purposes. (Acts 1935, No. 194, p. 256; Code 1940, T.
51, §401; Acts 1975, No. 1195, p. 2348, §1; Acts 1985, No. 85-515, §15; Act 98-502, p.
1083, §1; Act 99-664, 2nd Sp. Sess., p. 124, §1; Act 2000-702, p. 1425, §1.)...
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40-9F-33
Section 40-9F-33 Limitations on tax credits; Historic Income Tax Credit Account; transfer or
assignment of tax credits. (a) The state portion of any tax credit against the tax imposed
by Chapter 18 for the taxable year in which the certified rehabilitation is placed in service,
shall be equal to 25 percent of the qualified rehabilitation expenditures for certified historic
structures. No tax credit claimed for any certified rehabilitation may exceed five million
dollars ($5,000,000) for all allowable property types except a certified historic residential
structure, and fifty thousand dollars ($50,000) for a certified historic residential structure.
(b) There is created within the Education Trust Fund a separate account named the Historic
Preservation Income Tax Credit Account. The Commissioner of Revenue shall certify to the Comptroller
the amount of income tax credits under this section and the Comptroller shall transfer into
the Historic Preservation Income Tax Credit Account only...
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