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Home » US Law » 2022 Code of Alabama » Title 40 - Revenue and Taxation. » Chapter 1 - General Provisions.

Section 40-1-1 – Definitions.

Section 40-1-1 Definitions. For purposes of this title, and subject to additional definitions which are applicable to specific chapters or parts thereof, and unless the context otherwise requires, the following terms shall have the respective meanings ascribed by this section: (1) BLIND PERSONS. All persons who have a vision with adjusted glasses suitable to the […]

Section 40-1-13 – Defense of Actions Involving Revenue Laws.

Section 40-1-13 Defense of actions involving revenue laws. In any action against any officer for the refund of taxes or other action involving the revenue laws, the Attorney General or the district attorney may, at his direction, if in his opinion the best interests of the state require it, with or without the consent of […]

Section 40-1-14 – Payment of Court Costs.

Section 40-1-14 Payment of court costs. Any court costs taxed against the state shall be paid by the state and the various taxing subdivisions thereof in proportion to the amount of taxes levied by each. The sworn certificate of the clerk or register approved by the Comptroller shall be authority for the issuance of any […]

Section 40-1-15 – Execution Sufficient Warrant for Levy.

Section 40-1-15 Execution sufficient warrant for levy. Whenever any execution is issued by the Department of Revenue for the collection of any taxes assessed by it, such execution duly attested by the secretary of commission shall be sufficient warrant to the officer to whom directed to levy on the property of the person against whom […]

Section 40-1-16 – Copies of Books, Records, Papers, etc., Admitted in Evidence.

Section 40-1-16 Copies of books, records, papers, etc., admitted in evidence. In any action against any tax assessor, tax collector, judge of probate, or other officer charged with the performance of any duties under this title and his sureties, or either, for failure to pay over any money collected by him for the state or […]

Section 40-1-17 – Judgment on Verdict in Favor of State Against Officers.

Section 40-1-17 Judgment on verdict in favor of state against officers. Upon a verdict being rendered in favor of the state in any action brought by the state against any officer charged with the collection of any revenue for the state and his sureties, or either, for the recovery of any such revenue collected by […]

Section 40-1-18 – Falsely Returning List of Taxpayer as Sworn To.

Section 40-1-18 Falsely returning list of taxpayer as sworn to. Any taxes assessor or deputy tax assessor who returns the tax list of any taxpayer as having been sworn to by such taxpayer, when in fact it was not sworn to, is guilty of a misdemeanor. (Acts 1935, No. 194, p. 256; Code 1940, T. […]

Section 40-1-2 – Lien for Taxes – Generally.

Section 40-1-2 Lien for taxes – Generally. (a) If any person liable to pay any tax, other than ad valorem taxes, neglects or refuses to pay the same the amount, including any interest, penalty, additional amount, or addition to such tax, together with any costs which may accrue in addition thereto, shall be a lien […]

Section 40-1-20 – Taxing Authorities Acting as Attorney for Taxpayer.

Section 40-1-20 Taxing authorities acting as attorney for taxpayer. It shall be unlawful for the Commissioner of Revenue or tax assessor, or any employee or deputy or agent of either to act as agent or attorney for any taxpayer in the matters of assessment of property for taxation, and any such person who violates the […]

Section 40-1-21 – Access to Books and Records of Revenue Officers.

Section 40-1-21 Access to books and records of revenue officers. Any revenue officer of the state who refuses to allow the Department of Revenue, or the agents or deputies thereof, full and free access to all books and records belonging to or pertaining to his office shall be guilty of a misdemeanor and, on conviction, […]

Section 40-1-22 – Penalty for Officers Who Neglect Duty.

Section 40-1-22 Penalty for officers who neglect duty. Any officer on whom any duty is imposed by the revenue law who fails or neglects to perform such duty, if there is no other punishment provided for such failure or neglect, must, on conviction, be fined not less than $20 nor more than $1,000. (Acts 1935, […]

Section 40-1-23 – Liability of Officers for Conversion.

Section 40-1-23 Liability of officers for conversion. Any probate judge, clerk of a court of record, register, sheriff, coroner, tax collector, county treasurer, trustee of public schools, notary public, constable, or other public officer who knowingly converts to his own use or permits another to use any of the revenue of the state or of […]

Section 40-1-24 – Duty of Sheriff in Selling Property Under Execution, Etc.

Section 40-1-24 Duty of sheriff in selling property under execution, etc. When any sheriff or other officer shall sell any property under execution or other process, or under any decree, judgment, or order of any court, it shall be his duty to ascertain what taxes are a lien upon such property and, upon a sale […]

Section 40-1-25 – Dealing in State Securities.

Section 40-1-25 Dealing in state securities. Any tax collector or other person engaged in collecting the revenues of the state who buys, sells, or otherwise trades in state warrants, state certificates, or other securities of the state must, on conviction, be imprisoned in the penitentiary for not less than one nor more than five years […]

Section 40-1-26 – Falsely and Fraudulently Procuring State Warrants.

Section 40-1-26 Falsely and fraudulently procuring state warrants. Any person who fraudulently obtains from the Comptroller under the provisions of this title any duplicate warrants upon the Treasury of the State or who shall with intent to defraud obtain any warrants to which he is not entitled must, on conviction, be punished as if he […]

Section 40-1-27 – Payment of Taxes by Lienors.

Section 40-1-27 Payment of taxes by lienors. The holder of any lien on real or personal property may pay the tax thereon with interest and penalties and upon such payment shall be subrogated to the lien of the state, county, or municipality, and the sum so paid shall bear legal interest from the date of […]

Section 40-1-28 – Impeachment of Officers.

Section 40-1-28 Impeachment of officers. All officers provided for in this title may be impeached in the same manner and for the same cause provided for in the Constitution of the State of Alabama or as provided for in Chapter 11 of Title 36 and may be tried as therein provided for other officers. (Acts […]

Section 40-1-29 – Form of Notices to Taxpayers.

Section 40-1-29 Form of notices to taxpayers. Whenever and wherever a notice is required by law to be given by the Department of Revenue, the Board of Equalization, the tax assessor or the collector relating to the assessment and collection of taxes, and the method of giving such notice is not prescribed, then such notice […]