Code of Alabama

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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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10A-1-8.01
Section 10A-1-8.01 Conversion of business and nonprofit entities. (a) A conversion of an entity
may be accomplished as provided in this section: (1) CORPORATIONS. a. The terms and conditions
of a plan of conversion of a corporation, other than a nonprofit corporation, must be approved
in accordance with the procedures and by the stockholder vote required by Article 9 of Chapter
2A. If the governing documents provide for approval of a conversion by less than all of a
corporation's stockholders, approval of the conversion shall constitute corporate action subject
to appraisal rights pursuant to Article 13 of Chapter 2A. No conversion of a corporation to
a general or limited partnership may be effected without the consent in writing of each stockholder
who will have personal liability with respect to the converted entity, notwithstanding any
provision in the governing documents of the converting corporation providing for less than
unanimous stockholder approval for the conversion. b. The...
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10A-1-8.02
Section 10A-1-8.02 Mergers of entities. (a) A merger of two or more entities, whether the other
entity or entities are the same or another form of entity, may be accomplished as provided
in this section. (1) CORPORATIONS. a. In the case of a corporation, other than a nonprofit
corporation, that is a party to a merger, a plan of merger must be approved in accordance
with the procedures and by the stockholder vote required by Article 11 of Chapter 2A. If the
governing documents of the corporation provide for approval of a merger by less than all of
the corporation's stockholders, approval of the merger shall constitute corporate action subject
to appraisal rights pursuant to Article 13 of Chapter 2A, as applicable. No merger of a corporation
into a general or limited partnership may be effected without the consent in writing of each
stockholder who will have personal liability with respect to the surviving entity, notwithstanding
any provision in the governing documents of the...
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11-104-5
Section 11-104-5 Funding; trust investments. (a) Subject to any limitations necessary to ensure
the tax-exempt status of a trust, the sources of funding to a trust may be any of the following:
(1) Appropriations made by the governmental entity. (2) Contributions by employees and retired
employees. (3) Employer contributions. (4) Investment income. (5) Proceeds of any gifts, grants,
or contributions. (6) Transfers from another trust or fund held by a governmental entity.
(7) Bonds, warrants, notes, or other evidence of indebtedness. (8) All other sources permitted
by law. (b) Subject to payment for fees and reasonable expenses of maintaining a trust, the
funds deposited into a trust shall be used for the exclusive purpose of funding post-employment
benefit obligations of the governmental entity or entities. The agreements creating a trust
shall be irrevocable, subject to subsection (e) of Section 11-104-3 and Section 11-104-8,
and the assets of a trust shall not be expended, disbursed,...
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40-9D-3
Section 40-9D-3 Definitions. (1) CAPITAL COSTS. Costs as defined in subdivision (2) of Section
40-18-190. (2) CAPITAL CREDIT. An amount defined in subdivision (3) of Section 40-18-190.
(3) CONSTRUCTION RELATED TRANSACTION TAXES. The sales and use taxes defined in subdivision
(2) of Section 40-9B-3. (4) QUALIFYING ENTITIES. Those entities that invest in large projects
in Alabama that employ, prior to December 31, 2015, at least 2,000 full time on site employees
with benefits at a single site in Alabama and prior to December 31, 2011, invest at least
$2.5 billion in capital costs at a single site in Alabama. For periods following December
31, 2015, the 2,000 employment level required to qualify as a qualifying entity shall be maintained
for all years thereafter. (Act 2007-199, p. 234, §3.)...
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41-4-116
Section 41-4-116 Taxation on sales and leases of tangible personal property to state agency.
(a) For the purpose of this division, the following terms shall have the respective meanings
ascribed by this section: (1) AFFILIATE. A related party as defined in subsection (b) of Section
40-23-190 as that provision exists on January 1, 2004. (2) STATE DEPARTMENT or AGENCY. Every
state office, department, division, bureau, board, or commission of the State of Alabama.
(b) A state department or agency may not contract for the purchase or lease of tangible personal
property from a vendor, contractor, or an affiliate of a vendor or contractor, unless that
vendor, contractor, and all of its affiliates that make sales for delivery into Alabama or
leases for use in Alabama are properly registered, collecting, and remitting Alabama, state,
and local sales, use, and lease tax, as provided for by Chapter 12, Article 4, and Chapter
23, Articles 1 and 2 of Title 40 or by any local act or ordinance. (c)...
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6-5-340
Section 6-5-340 Computer failure or malfunction. (a) Whenever used in this section, the following
words and terms shall have the following meanings: (1) GOVERNMENTAL CORPORATION AND AUTHORITY.
Any public or private corporation, board, or authority established pursuant to a general or
local law by state, county, or municipal government for the purpose of carrying out a specific
governmental function. (2) GOVERNMENTAL ENTITY. The state, any municipality, or any county
in the state; any department, agency, board, or commission of a municipality, a county, or
the state; any legislative or regulatory body of the state, or of any municipality or county;
any state, municipal, or county governmental corporation or authority; any state university
or community college, including any publicly funded trade or technical school; the State Board
of Education, and all county, municipal, and city-county public school boards; any state,
county, or municipal hospital boards when such boards are...
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40-21-125
Section 40-21-125 Liability of provider. Any law to the contrary notwithstanding, any cellular
telecommunication services provider, who accepts in good faith from a purchaser a cellular
telecommunication services tax exemption form provided or approved for use by the Department
of Revenue, shall not subsequently be liable to the Department of Revenue or others for the
cellular telecommunication services tax on sales to that purchaser. (Act 99-399, p. 663, §2.)...

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40-21-88
Section 40-21-88 Liability of retailer. Any law to the contrary notwithstanding, any retailer,
who relies in good faith on any state utility gross receipts tax exemption number that has
been authorized by the Department of Revenue and the exemption claim has been made on a form
provided or approved for use by the Department of Revenue, when a state tax exemption number
holder violates the tax exempt privileges or uses the number illegally, shall not be liable
to the Department of Revenue or others for the utility gross receipts tax on sales to the
purchaser. (Act 99-399, p. 663, §2.)...
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40-23-212
Section 40-23-212 Rules and regulations. The Commissioner of the Department of Revenue shall
promulgate any rules necessary to implement and administer this article including, but not
limited to, a list of those articles and items qualifying for the exemption pursuant to this
article, that do not conflict with the streamlined sales and use tax agreement. (Act 2006-574,
§3.)...
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