Code of Alabama

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40-17-359
Section 40-17-359 Distribution and use of proceeds. (a) For the purpose of this section, the
following terms shall have the meanings ascribed below: (1) BASE ANNUAL COUNTY DISTRIBUTION.
Five hundred fifty thousand dollars ($550,000). (2) COST OF COLLECTION. The amounts from the
proceeds of the highway gasoline tax that may be appropriated by the Legislature to the department
for its operating expenses. (3) COUNTY. Each county in the state. (4) FISCAL YEAR. The fiscal
year of the state. (5) DEPARTMENT OF TRANSPORTATION. The Department of Transportation of the
state. (6) HIGHWAY GASOLINE TAX. Both of the following: a. The excise tax levied under subdivision
(1) of subsection (a) of Section 40-17-325, with the exception of those portions of the tax
levied on aviation fuel and marine gasoline. b. The excise tax levied by Sections 40-17-140
to 40-17-155, inclusive, except that portion of the tax imposed on diesel fuel. (7) LOCAL
SUBDIVISIONS' SHARES OF THE NET TAX PROCEEDS. The 55 percent...
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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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9-17-1
Section 9-17-1 Definitions. Unless the context otherwise requires, the following terms shall
have the following meanings: (1) BOARD. The State Oil and Gas Board created by this article.
(2) DEVELOPED AREA or DEVELOPED UNIT. A drainage unit having a well completed thereon which
is capable of producing oil or gas in paying quantities; however, in the event it is shown
and the board finds that a part of any unit is nonproductive, then the developed part of the
unit shall include only that part found to be productive. (3) DRAINAGE OR PRODUCTION UNIT.
The area in a pool which may be drained efficiently and economically by one well. (4) DRILLING
UNIT. An administrative unit established by the board to provide and allow for the drilling
of a well. Prior to establishment of a field and drainage or production unit within the field,
the board may establish a drilling unit to allow for the drilling of a well in search of oil
and gas. (5) FIELD. The general area which is underlain or appears to be...
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40-23-1
Section 40-23-1 Definitions; transactions considered or not considered sales. (a) For the purpose
of this division, the following terms shall have the respective meanings ascribed by this
section: (1) PERSON or COMPANY. Used interchangeably, includes any individual, firm, copartnership,
association, corporation, receiver, trustee, or any other group or combination acting as a
unit and the plural as well as the singular number, unless the intention to give a more limited
meaning is disclosed by the context. (2) DEPARTMENT. The Department of Revenue of the State
of Alabama. (3) COMMISSIONER. The Commissioner of Revenue of the State of Alabama. (4) TAX
YEAR or TAXABLE YEAR. The calendar year. (5) SALE or SALES. Installment and credit sales and
the exchange of properties as well as the sale thereof for money, every closed transaction
constituting a sale. Provided, however, a transaction shall not be closed or a sale completed
until the time and place when and where title is transferred by...
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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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45-28-140
Section 45-28-140 Purchase of gasoline or motor fuel; equipment repairs. (a) This section shall
apply only to Etowah County. (b) It is the legislative intent of this section to declare that
volunteer rescue squads, volunteer fire departments, certain retired senior citizen volunteer
organizations, and certain other charitable foundations, agencies, and organizations are performing
vital governmental functions or services in behalf of the public welfare of our citizens and
for the public purpose. It is further declared that these volunteer organizations, agencies,
and foundations perform these governmental functions or services for the public at a cost
for less than it would cost the governing body to perform the same functions or services.
(c) The county governing body, in its sole discretion, upon resolution duly adopted, may allow
any volunteer rescue squad operating within the county, to buy gasoline or other motor fuels
from the county at its cost. Such purchases shall include any...
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40-17-328
Section 40-17-328 Fuels on which tax is levied; who is liable for tax. (a) The tax levied pursuant
to Section 40-17-325 is levied on all of the following: (1) Dyed diesel fuel that is used
to operate a highway vehicle other than dyed diesel fuel used in city and county vehicles.
(2) Motor fuel that is used to operate a highway vehicle after an application for a refund
of tax paid on the motor fuel is made or allowed on the basis that the motor fuel was used
for an off-highway purpose. (3) Aviation gasoline on which a tax was imposed under subdivision
(3) of subsection (a) of Section 40-17-325 that is used other than for fuel in an aircraft
is subject to the tax rate imposed under subdivision (1) of subsection (a) of Section 40-17-325.
(4) Aviation jet fuel on which a tax was imposed under subdivision (3) of subsection (a) of
Section 40-17-325 that is used other than for fuel in an aircraft is subject to the tax rate
imposed under subdivision (2) of subsection (a) of Section 40-17-325....
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45-44-242.01
Section 45-44-242.01 Definitions. For the purposes of this part, the following terms shall
have the following meanings: (1) COUNTY COMMISSION. The County Commission of Macon County.
(2) DISTRIBUTOR. Any person who engages in the selling of gasoline or motor fuel in this state
and not in interstate commerce by wholesale domestic trade. (3) GASOLINE. Gasoline, naphtha,
and other liquid motor fuels or any device or substitute therefor which is commonly used in
internal combustion engines. The term shall not include those products known commercially
as kerosene oil, fuel oil, or crude oil when used for lighting, heating, or industrial purposes.
(4) MOTOR FUEL. Diesel oil, tractor fuel, gas oil, distillate or liquefied gas, kerosene,
jet fuel, or any substitutes or devices therefor when sold, distributed, stored, or withdrawn
from storage in the county for use in the operation of any motor vehicle on the highways of
this state. (5) PERSON. Persons, corporations, partnerships, companies,...
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45-5-242
Section 45-5-242 Levy of gasoline tax; use of proceeds. (a) The following words, when used
in this section shall have the meaning ascribed to them below, unless the context clearly
indicates a different meaning: (1) "Gasoline" means any type of gasoline, naptha,
or other liquid motor fuel, or any device or substitute therefor, commonly used in internal
combustion engines. (2) "Diesel fuel" means any type diesel oil, tractor fuel, gas
oil, distillate or liquefied gas, jet fuel, or any device or substitute therefor. (3) "Kerosene"
means the product known commercially as "kerosene oil." (b) In addition to all other
taxes and licenses, there is hereby levied upon every distributor, refiner, retail dealer,
or storer of gasoline, kerosene, or diesel fuel in Blount County, Alabama, an excise tax of
one cent ($.01) per gallon upon the selling, distributing, storing, or withdrawing from storage
in Blount County for any use, gasoline, kerosene, or diesel fuel as defined by this section;...

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