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40-18-13
Section 40-18-13 Computation of income. (a) Income shall be computed on the basis of the same
taxable year and in accordance with the same method of accounting that the taxpayer properly
employs for federal income tax purposes. If no such method of accounting has been employed
or if the method so employed does not clearly reflect income, computation shall be made upon
such basis and in such manner as in the opinion of the Department of Revenue, and consistent
with federal income tax treatment, does clearly reflect income. If the taxpayer has no annual
accounting period or does not keep proper books of account, the income shall be computed on
the basis of the calendar year. (b) In the case of a partnership, Alabama S corporation, or
personal service corporation electing a taxable year under 26 U.S.C. §444, this section shall
be applied without regard to the requirement to make payments under 26 U.S.C. §7519. (Acts
1935, No. 194. p. 256; Code 1940, T. 51, §383; Acts 1990, No. 90-583,...
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40-23-196
Section 40-23-196 Refund or credit of excess taxes paid. (a) Any taxpayer who pays a simplified
sellers use tax through this program that is higher than the actual state and local sales
or use tax levied in the locality where the sale was delivered may file for a refund or credit
of the excess amount paid to the eligible seller participating in the program. A business
taxpayer who has a registered consumer use tax account with the department may claim credit
for the overpayment of simplified use tax on their consumer use tax return in a manner prescribed
by the department. All other taxpayers may file a petition for refund in the manner prescribed
by the department. The petition for refund may only be filed once per year. In the event the
amount due to be refunded in a year is less than twenty-five ($25.00) dollars, payment of
the refund may be deferred by the department and combined with amounts due to be paid pursuant
to subsequent annual refund petitions for a period of up to three...
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40-7-26
Section 40-7-26 Department of Revenue may act in advisory capacity; effect of approval of valuation
by department; nonapproved assessment docket. The Department of Revenue or the agents or assistants
thereof may work in an advisory capacity with the several county tax assessors of the state
in the assessment and valuation of property. Any valuation fixed by the tax assessor on any
property returned for taxation may be approved by the Department of Revenue, which approval,
if made, must be shown on each separate return so approved. When a tax return has been so
approved by the Department of Revenue, the state has no appeal from such approved assessment.
The taxpayer, however, may appeal from such assessment in the same manner and within the same
time as appeals are allowed from nonapproved assessments. The several county tax assessors
are required to keep a docket of all nonapproved assessments in such form and containing such
data as may be prescribed by the Department of Revenue. Such...
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40-29B-8
Section 40-29B-8 Penalties. (a)(1) For taxable periods beginning on or after January 1, 2017,
and before December 31, 2024, taxpayers that are granted amnesty and later fail to comply
with any payment or filing provision administered by the department shall be subject to the
penalty for underpayment due to negligence under subsection (c) of Section 40-2A-11, or a
civil penalty of one hundred dollars ($100), whichever is greater. (2) A taxpayer who delivers
or discloses a false or fraudulent application, document, return, or other statement to the
department in connection with an amnesty application is subject to the penalty for underpayment
due to fraud under subsection (d) of Section 40-2A-11, or a civil penalty of ten thousand
dollars ($10,000), whichever is greater. (b) Following the termination of the tax amnesty
period, if the commissioner issues a deficiency assessment for a period for which amnesty
was taken, the commissioner may impose penalties and institute civil or criminal...
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40-2A-13
Section 40-2A-13 Examination of taxpayer's records; additional assessments; disclosure requirements;
taxpayer notification. (a) The Department of Revenue, a governing body of a self-administered
county or municipality, or an agent of such a municipality or county may not conduct an examination
of a taxpayer's books and records for compliance with applicable sales, use, rental, or lodgings
tax laws except in accordance with this section and with the Alabama Taxpayers' Bill of Rights
and Uniform Revenue Procedures Act. (b) Additional sales, use, rental, or lodgings tax may
be assessed by the Department of Revenue, a governing body of a self-administered county or
municipality, or an agent of such a municipality or county within any applicable period allowed
pursuant to Section 40-2A-7(b), even though a preliminary or final assessment has previously
been entered by the Department of Revenue, a governing body of a self-administered county
or municipality, or an agent of such a municipality...
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23-2-153
Section 23-2-153 Exemptions from levy, charge, assessment, collection, etc., of certain taxes;
certificate of exemption. (a) The exercise of the powers granted by this article shall be
in all respects for the benefit of the people of the state, for the increase of their commerce
and prosperity, and for the improvement of their health and living conditions. Since the ownership,
operation, and maintenance of toll road, bridge, or tunnel projects by the authority will
constitute the performance of essential functions, the authority, department, and any concessionaire,
or any contractor, subcontractor, or agent thereof, shall not be required to pay the taxes
or assessments as specifically authorized in this section upon any toll road, bridge, or tunnel
project or any property acquired or used by the authority, department, or any concessionaire
under this article. (b) An income, excise, or license tax or assessment may not be levied
upon or collected in the state with respect to any...
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9-13-103
Section 9-13-103 Proceedings as to persons designing to engage in acts prejudicial to collection
of taxes, etc. If the department finds that a person liable for taxes under any provisions
of this article designs quickly to depart from the state or to remove his property therefrom,
or to conceal himself or his property therein or to do any other act tending to prejudice
or to render wholly or partly ineffectual proceedings to collect such tax unless such proceedings
are brought without delay, the department shall cause notice of such finding to be given such
person together with a demand for an immediate return and immediate payment of such taxes.
Thereupon such taxes shall become immediately due and payable. If such person is not in default
in making such return or paying any taxes prescribed by this article and furnishes evidence
satisfactory to the department under regulations to be prescribed by the department that he
will duly return and pay the taxes to which the department's...
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11-51-204
Section 11-51-204 Adoption, etc., of rules and regulations as to ascertainment, etc., and levy
of taxes. (a) The governing body of a municipality making or enforcing a levy or assessment
of taxes under the provisions of this article shall from time to time adopt by ordinance such
rules and regulations for making returns and for ascertainment, assessment, collection, and
administration of any taxes levied under the provisions of this article as it may deem necessary
to enforce its provisions and, upon request, shall furnish any taxpayer with a copy of those
rules and regulations. (b) Except as provided in this article, any interpretations, rules,
and regulations adopted or utilized by the governing body shall not be inconsistent with any
rules and regulations which may be issued or promulgated by the Department of Revenue from
time to time pursuant to the Alabama Administrative Procedure Act, for the corresponding state
tax. (Acts 1969, No. 917, p. 1653, §5; Act 98-192, p. 310, §3.)...
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16-6D-8
Section 16-6D-8 Tax credits; Failing Schools Income Tax Credit Account. (a) To provide educational
flexibility and state accountability for students in failing schools: (1) For tax years beginning
on and after January 1, 2013, an Alabama income tax credit is made available to the parent
of a student enrolled in or assigned to attend a failing school to help offset the cost of
transferring the student to a nonfailing public school or nonpublic school of the parent's
choice. The income tax credit shall be an amount equal to 80 percent of the average annual
state cost of attendance for a public K-12 student during the applicable tax year or the actual
cost of attending a nonfailing public school or nonpublic school, whichever is less. The actual
cost of attending a nonfailing public school or nonpublic school shall be calculated by adding
together any tuition amounts or mandatory fees charged by the school to the student as a condition
of enrolling or of maintaining enrollment in the...
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40-18-176
Section 40-18-176 Nonresident shareholder composite returns. (a) The Department of Revenue
shall permit an Alabama S corporation to file composite returns and to make composite payments
on behalf of some or all of its nonresident shareholders if there are one or more nonresident
shareholders during any part of the taxable year. The Department of Revenue may permit composite
returns and payments to be made by an Alabama S corporation on behalf of its resident shareholders.
(b) For purposes of this section, a "composite return" means an informational return
similar in form to U.S. Treasury Department Schedule K-1 containing information concerning
one or more Alabama S corporation shareholder's respective shares of income, deductions and
losses passed through to them by virtue of their status as shareholders of an Alabama S corporation,
any credit to which the shareholder is entitled to claim by virtue of the Alabama S corporation's
payment of tax on his or her behalf pursuant to...
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