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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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40-17-359
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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40-11-1
Section 40-11-1 Enumeration of subjects of taxation. (a) As used in this section the following
terms shall have the meanings ascribed herein: (1) CONSTRUCTION PURPOSES. The normal and ordinary
meaning of the words, except that mining activities or the transportation of materials used
in or produced by mining or forestry activities shall not be construed to be included; (2)
HEAVY DUTY EQUIPMENT. Any motor vehicle used primarily off the open road for construction
purposes, including all road construction equipment whose gross weight exceeds 16,000 pounds,
but not including inventory on hand for sale by duly licensed equipment dealers. (b) The subjects
of ad valorem taxation, except as exempted by law, shall be as follows: (1) Every piece, parcel,
tract, or lot of land in this state, including therein all things pertaining to such land,
and all structures and other things so annexed or attached thereto as to pass to a vendee
by conveyance of such land; and every separate or special...
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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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40-12-264
Section 40-12-264 Time limit for purchase of tags or plates; dealer plates; manufacturer plates.
(a) Any person, including a motor vehicle dealer, acquiring a new or used motor vehicle may
be granted a grace period of 20 calendar days from date of acquisition to procure a license
tag or plate. (b) Notwithstanding Section 32-6-65, a new or used motor vehicle dealer who
has a current regulatory license required under this article and a dealer license as required
by Section 40-12-51 or Section 40-12-169 may purchase dealer license plates from the department
upon presentation of the current licenses and payment of the fee for a private passenger automobile
as provided in subdivision (1) of subsection (a) of Section 40-12-242 and subsection (a) of
Section 40-12-273 per dealer plate. An additional two dollar ($2) issuance fee shall also
be collected by the department. A new or used motor vehicle dealer that has a current regulatory
license required under this article and a dealer license as...
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8-21C-3
Section 8-21C-3 Manufacturer and dealer agreement - Required for sales by manufacturer or distributor.
(a)(1) After September 30, 2011, a manufacturer or distributor may not sell a recreational
vehicle in this state to or through a dealer without having first entered into a manufacturer
and dealer agreement with the dealer which has been signed by both parties. (2) A dealer may
not sell a new recreational vehicle in this state without having first entered into a manufacturer
and dealer agreement with a manufacturer or distributor which has been signed by both parties.
(b) The manufacturer or distributor shall designate the area of sales responsibility exclusively
assigned to a dealer in the manufacturer and dealer agreement. Except as provided in subsection
(c), the manufacturer or distributor may not review or change the area of sales responsibility
without the consent of both parties or contract with another dealer for the sale of the same
line-make in the designated area until at...
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8-21C-4
Section 8-21C-4 Manufacturer and dealer agreement - Termination, cancellation, etc. (a) A manufacturer
or distributor, directly or through any authorized officer, agent, or employee, may terminate,
cancel, or fail to renew a manufacturer and dealer agreement with or without cause. If the
manufacturer or distributor terminates, cancels, or fails to renew a manufacturer and dealer
agreement without cause, the manufacturer or distributor shall comply with Section 8-21C-5.
If the manufacturer or distributor terminates, cancels, or fails to renew a manufacturer and
dealer agreement with cause, Section 8-21C-5 does not apply. (b) A manufacturer or distributor
has the burden of showing cause for terminating, canceling, or failing to renew a manufacturer
and dealer agreement with a dealer. For purposes of determining whether there is cause for
the proposed action, any of the following factors may be considered: (1) The extent of the
affected dealer's penetration in the area of sales...
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40-17-171
Section 40-17-171 Levy; amount; certificates of exemption. Every distributor, manufacturer,
retail dealer, or storer of lubricating oil, as herein defined, shall pay an excise tax of
$.02 per gallon upon the selling, distributing, or withdrawing from storage in this state
for any use lubricating oil as herein defined; provided, that this excise tax shall neither
be levied upon the sale of lubricating oil in interstate commerce nor upon any sale of lubricating
oil destined for out-of-state use which is transacted in a manner whereby an out-of-state
purchaser takes delivery of such oil at a distributor's plant within this state and transports
it out-of-state; and provided further that this excise tax shall not be levied on lubricating
oil sold to city and county governing bodies, city and county boards of education, the Alabama
Institute for Deaf and Blind, the Department of Youth Services school district, and private
and church schools as defined in Section 16-28-1, and which offer...
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8-20A-5
Section 8-20A-5 No dealership liability. Nothing in this chapter imposes any liability upon
a motor vehicle dealer or authorized dealer or creates a cause of action by a consumer against
a motor vehicle dealer or authorized dealer. A motor vehicle dealer or authorized dealer may
not be made a party defendant in any action involving or relating to this chapter. The manufacturer
shall not charge back or require reimbursement by a motor vehicle dealer or authorized dealer
for any costs, including, but not limited to, any refunds or vehicle replacements, incurred
by the manufacturer arising out of this chapter. (Acts 1990, No. 90-479, p. 701, ยง5.)...
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32-8-31
Section 32-8-31 Exemptions. No certificate of title shall be issued under this chapter for
any of the following: (1) A vehicle owned by the United States or any agency thereof. (2)
A vehicle owned by a manufacturer or dealer and held for sale, even though incidentally moved
on the highway or used for purposes of testing or demonstration, or a vehicle used by a manufacturer
solely for testing. (3) A vehicle owned by a nonresident of this state and not required by
law to be registered in this state. (4) A vehicle for which the Alabama license plate issuing
official has verified that both the current owner and operator is recorded as the owner and
operator on a currently effective certificate of title issued by another state and the certificate
of title is being held by a recorded lienholder. (5) A vehicle moved solely by animal power.
(6) An implement of husbandry. (7) Special mobile equipment. (8) A pole trailer. (9) A trailer,
semi-trailer, travel trailer, or moving collapsible and...
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