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40-2A-7
years from the date the return is filed with the department, whichever is later. This subparagraph
shall not apply to any corporation unless dissolution is completed within 18 months of the
date of the written notice. e. If a taxpayer has made the election provided in subsection
(d) or (e) of Section 40-18-8, a preliminary assessment based on the gain realized as a result
of the involuntary conversion [in the case of subsection (d) of Section 40-18-8] or a rollover
of gain on the sale of a personal residence [as provided in subsection (e) of Section
40-18-8] may be entered within three years from the date the taxpayer notified the department
of the replacement of the property in accordance with subsection (d) or (e) of Section 40-18-8,
as the case may be, or of his or her intention not to replace the property. f. If a taxpayer
has validly elected to have the provisions of subdivision (a) (7) of Section 40-18-6 and subsection
(l) of Section 40-18-8 apply to an acquisition of stock...
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11-51-191
or its agent, within 30 days after receipt of the request for extension by the taxpayer or
its authorized agent. (3) The preliminary assessment entered by the taxing jurisdiction, or
a copy thereof, shall promptly upon entry be mailed by the taxing jurisdiction to the taxpayer's
last known address by either first class U.S. mail or certified U.S. mail with return receipt
requested, but at the option of the taxing jurisdiction, the preliminary assessment may be
delivered to the taxpayer by personal delivery. (d)(1) If a taxpayer disagrees with
a preliminary assessment as entered by the taxing jurisdiction, the taxpayer may file a petition
for review with the taxing jurisdiction within 30 days from the date of entry of the preliminary
assessment setting out the specific objections to the preliminary assessment. If a petition
for review is timely filed, or if the taxing jurisdiction otherwise deems it necessary, the
license officer of the municipality shall schedule a conference with...
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40-2B-2
as it deems best adapted for public convenience. Such publications shall be made permanently
available and constitute the official reports of the Alabama Tax Tribunal. (p) Service of
Process. (1) Mailing by first class or certified or registered mail, postage prepaid, to the
address of the taxpayer given on the taxpayer's notice of appeal, or to the address of the
taxpayer's representative of record, if any, or to the usual place of business of the Department
of Revenue, shall constitute personal service on the other party. The Alabama Tax Tribunal,
by rule, may prescribe that notice by other means shall constitute personal service
and, in a particular case, may order that notice be given to additional persons or by other
means. (2) Mailing by registered or certified mail and delivery by a private delivery service
approved by the Internal Revenue Service in accordance with Section 7502(f) of the Internal
Revenue Code of 1986, as amended, shall be deemed to have occurred,...
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40-2A-3
redelegations of authority, to perform the function described in the context. (7) DEPARTMENT
or DEPARTMENT OF REVENUE. The Alabama Department of Revenue. (8) GROSS RECEIPTS TAX IN THE
NATURE OF A SALES TAX. A privilege or license tax, imposed by a municipality or county, measured
by gross receipts or gross proceeds of sale and which: (i) was in effect on or before February
25, 1997, or is an amendment to a tax which was in effect on that date; (ii) is levied against
those selling tangible personal property at retail, those operating places of amusement
or entertainment, those making street deliveries, and those leasing or renting tangible personal
property; and (iii) is due and payable to a county or municipality monthly or quarterly. (9)
FINAL ASSESSMENT. The final notice of value, underpayment, or nonpayment of any tax administered
by the department. (10) INTEREST. That amount computed under Section 40-1-44, on any overpayment
or underpayment of tax or under Section 40-2A-18 on a...
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40-2-11
be borne by every kind of property in this state and to ascertain the proper amount of license,
privilege, excise, corporation, franchise, income, or ad valorem taxes. b. To require reporting
of retail sales and customer notification, within constitutional limitations, when the seller
does not collect sales, use, or simplified sellers use tax on Alabama sales transactions,
and to provide for penalties pursuant to Section 40-2A-11. c. To require reporting of rental
transactions of tangible personal property as defined in Section 40-12-220, when the
property is classified as Class II or Class IV property under Section 40-8-1, by persons facilitating
the transactions and to require notifications to the lessor when the lessor has not furnished
evidence that it has acquired a license as required under Section 40-12-221, and to provide
for penalties pursuant to Section 40-2A-11. (8) To cause the deposition of witnesses residing
within or without the state to be taken upon such notice to...
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40-15-5
Section 40-15-5 Amended return showing change in federal tax. In the event that the federal
authorities shall, after the filing of the return with the Department of Revenue, increase
or decrease the amount of the federal estate taxes as a result of appeal or otherwise, an
amended return shall be filed with the Department of Revenue showing all the changes made
in the original return and the amount of final increase or decrease in the federal estate
tax. If the amended return shall show an increase in the amount of the federal estate tax,
the Department of Revenue shall assess against and there shall be payable in respect to said
estate any deficiency in the tax theretofore paid or assessed. If the amended return shall
show a decrease in the federal estate taxes, the Department of Revenue, on receipt of an appropriate
certificate of refund, abatement or recovery, shall forthwith certify the amount of such refund
found to be due to such estate to the Comptroller, who, upon receipt of...
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40-18-103
Section 40-18-103 Procedure for setoff and notification of taxpayer. (a) A county or municipality
may submit a debt of at least $25 owed to it for collection under this chapter. Provided,
however, that a county or municipality must submit the debt to the department through one
of the following: (1) The Association of County Commissions of Alabama or an entity established
through the Association of County Commissions of Alabama. (2) The Alabama League of Municipalities
or an entity established through the Alabama League of Municipalities. The organization which
submits a debt on behalf of any county or municipality may assess a reasonable fee, which
shall be twenty-five dollars ($25) for submitting the debt. This fee may be assessed against
the debtor and collected as the first amount set off against any tax refund. (b) Within a
time frame specified by the department, a claimant agency seeking to collect a debt through
setoff shall supply the information necessary to identify each...
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40-2A-4
Section 40-2A-4 Taxpayers' bill of rights. (a) Rights of the taxpayer. (1) For purposes of
this subsection and subsections (c) and (d), the term "department" shall include
the Department of Revenue, a self-administered county or municipality, or a private examining
or collecting firm, depending on whether the Department of Revenue, a self-administered county
or municipality, or private examining or collecting firm is conducting the examination of
the taxpayer. (2) At or before the commencement of an examination of the books and records
of a taxpayer, the department shall provide to the taxpayer the current version of Publication
1A. Publication 1A shall provide, in simple and non-technical terms, a statement of the taxpayer's
rights. Those rights include the right to be represented during an examination, an explanation
of their appeal rights, and the right to know the criteria and procedures used to select taxpayers
for an examination. (3) At or before the issuance of a preliminary...
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40-2A-11.1
Section 40-2A-11.1 Civil penalties for unethical tax preparation conduct. (a) For purposes
of the individual income tax imposed by Chapter 18, if there is an understatement of liability
on a return that would cause a tax return preparer to be subject to the penalties imposed
by 26 U.S.C. §6694, except §6694(c), §6700, or §6701, and if any of the failures enumerated
in 26 U.S.C. §6695, except §6695(e) and (g), occurs, the department may impose upon the
tax return preparer a penalty in accordance with 26 U.S.C. §§6694(a), (b), (d), (e), and
(f); §§6695(a), (b), (c), (d), and (f); §§6696(a) and (c), §6700, and §6701, as in effect
from time to time. (b) For purposes of this section: (1) "Subject to this title"
shall be substituted for references in the specified federal statutes to "imposed by
subtitle A." (2) "Commissioner" will be substituted for references in the specified
federal statutes to "secretary." (3) References in these federal statutes to federal
district courts...
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40-3-16
shall deem it necessary it may go or send or use agents or representatives in any county with
authority to act in an advisory capacity and in conjunction with the board of equalization
and perform other duties, with respect to the valuation and assessment of property for taxation,
as may be required of them. Agents or representatives of the Department of Revenue assigned
to any county or counties for the purpose of advising with the boards of equalization with
respect to valuing real and personal property for assessment for taxation shall have
the power and authority to inspect, review, value, and assess any property subject to taxation,
and the agents or representatives are authorized to fix values for assessment, subject to
the approval of the board of equalization of the county in which the property is located.
In cases where the agents or representatives have fixed a value for assessment, the value
must be entered on the tax return of the taxpayer showing the day and date when...
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