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Section 40-23-60 – Definitions.

Section 40-23-60 Definitions. THIS SECTION WAS AMENDED BY ACT 2022-199 IN THE 2022 REGULAR SESSION, EFFECTIVE JANUARY 1, 2023. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING. For the purpose of this article, the following terms shall have the respective meanings ascribed to them in this section: (1) PERSON or COMPANY. Any individual, […]

Section 40-23-61 – Property Taxed; Persons Liable.

Section 40-23-61 Property taxed; persons liable. (a) An excise tax is hereby imposed on the storage, use or other consumption in this state of tangible personal property, not including, however, materials and supplies bought for use in fulfilling a contract for the painting, repairing or reconditioning of vessels, barges, ships, other watercraft and commercial fishing […]

Section 40-23-62 – Exemptions.

Section 40-23-62 Exemptions. The storage, use, or other consumption in this state of the following tangible personal property is hereby specifically exempted from the tax imposed by this article: (1) Property, on which the sales tax imposed by the provisions of Article 1 of this chapter is paid by the consumer to a person licensed […]

Section 40-23-65 – Credit for Sales or Use Tax Paid to Another State.

Section 40-23-65 Credit for sales or use tax paid to another state. If a sales or use tax equal to or greater than the amount of the Alabama tax is paid to another state under a requirement of law, the property which is the subject of such tax when imported for use or consumption in […]

Section 40-23-66 – Retail Sellers to Register and Give Information.

Section 40-23-66 Retail sellers to register and give information. Every seller engaged in making retail sales of tangible personal property for storage, use or other consumption in this state, who: (1) Maintains a place of business; (2) Qualifies to do business; (3) Solicits and receives purchases or orders by agent or salesman; or (4) Distributes […]

Section 40-23-67 – Seller to Collect Tax; Seller Not to Assume or Absorb Tax.

Section 40-23-67 Seller to collect tax; seller not to assume or absorb tax. Every such seller making sales of tangible personal property for storage, use or other consumption in this state, not exempted under the provisions of Section 40-23-62, shall at the time of making such sales or, if the storage, use or other consumption […]

Section 40-23-68 – Seller to File Returns.

Section 40-23-68 Seller to file returns. (a) Except as otherwise provided in subsection (f), the tax imposed by this article shall be due and payable to the department monthly on or before the 20th day of the month next succeeding each month during which the storage, use, or other consumption of tangible personal property became […]

Section 40-23-74 – Extension of Time for Making Return.

Section 40-23-74 Extension of time for making return. The department for good cause may extend for not to exceed 30 days the time for making any return required under the provisions of this article. (Acts 1939, No. 67, p. 96; Code 1940, T. 51, §798.)

Section 40-23-75 – Deposit of Security.

Section 40-23-75 Deposit of security. The department, whenever it deems it necessary to insure compliance with the provisions of this article, may require any person subject thereto to deposit with it such security as the department may determine. The same may be sold by the department at public auction if it becomes necessary so to […]

Section 40-23-77 – Discount; Distribution and Expenditure.

Section 40-23-77 Discount; distribution and expenditure. A discount of three percent of the taxes levied by this article due and payable to the state shall be allowed to the seller or vendor; provided, that the taxes due by such seller are paid before same becomes delinquent, as in this article provided. Effective June 1, 2001, […]

Section 40-23-85 – Disposition of Funds Derived From Tax.

Section 40-23-85 Disposition of funds derived from tax. All taxes, fees, interest, or penalties imposed and all amounts of tax herein required to be paid to the state under this article must be paid to the Department of Revenue at Montgomery, Alabama, with remittance payable to the Treasurer of Alabama. Such amount of money as […]

Section 40-23-88 – Penalties.

Section 40-23-88 Penalties. Any seller or other person failing or refusing to furnish any return hereby required to be made, or failing or refusing to furnish a supplemental return or other data required by the department, or rendering a false or fraudulent return, shall be guilty of a misdemeanor and subject to a fine of […]