Chapter 810-6-2 - TAXES LEVIED ON GROSS SALES AND GROSS RECEIPTS; APPLICABLE TAX RATES

Shot, grit, stars, sand, and other abrasives of like kind are taxed as parts or attachments to machines when used in machines manufacturing or processing tangible personal property. Such abrasive, when used in maintenance of equipment or when used for purposes other than manufact…

(1) Accessories which are purchased from the dealer after title and possession of the automotive vehicle have passed to the purchaser are taxed at the usual 4% rate. (2) As a practical application of this rule, the dealer's sales invoice will be accepted as the basis for determin…

No exemption is granted for agricultural publications in the Sales Tax Law, Act No. 100, Second Special Session Legislature 1959, effective October 1, 1959. Author: Notes Ala. Admin. Code r. 810-6-2-.02.05 Statutory Authority: Code of Ala. 1975, § 40-23-31.

Steel pots or tubs used to contain small metal parts or fittings while being heat treated in an annealing furnace as a step in the manufacture thereof are taxed at the special machine rate of 1 1/2%. (§ 40-23-2(3) Author: Notes Ala. Admin. Code r. 810-6-2-.03 Statutory Authority:…

(1) Any dealer licensed pursuant to Section 40-23-6, Code of Ala. 1975, who withdraws from his or her stock in trade any automotive vehicle, truck trailer, semi-trailer, or house trailer for use by the dealer or by the dealer's employee or agent in the operation of the business, …

(Repealed). Author: Dan DeVaughn Notes Ala. Admin. Code r. 810-6-2-.05 Repealed: Filed February 3, 1998; effective March 10, 1998. Statutory Authority: Code of Ala. 1975, §§ 40-23-31, 40-23-83.

Baking pans used in the production of bakery products for sale are taxable at the machine rate of 1 1/2% of the gross proceeds of the sale. Author: Notes Ala. Admin. Code r. 810-6-2-.06 Statutory Authority: Code of Ala. 1975, § 40-23-31.

(1) Barber and beauty shop operators primarily render personal services. They are the purchasers for use or consumption of such tangible personal property as is used or consumed incidentally in the rendering of such personal service. (2) Barber and beauty shops are not, however, …

Belting purchased for use on a particular machine used in manufacturing is taxed at the special machine rate of 1 1/2% even though such belting may not be purchased to the exact length required. § 40-23-2(3) Author: Notes Ala. Admin. Code r. 810-6-2-.08 Statutory Authority: Code …

Boiler tubes used in repairing boilers used to furnish heat or power used in manufacturing are taxed at 1 1/2% as parts for machines used in manufacturing. § 40-23-2(3) Author: Notes Ala. Admin. Code r. 810-6-2-.09 Statutory Authority: Code of Ala. 1975, §§ 40-23-31, 40-23-83.…

(1) The term "elementary or secondary school" as used in this rule shall mean a school where the curriculum consists of one or more of grade levels K through 12. This term shall not include nurseries and day care centers nor shall it include private schools at which the courses o…

Coal loading machines used in mines are taxed at the special machine rate of 1 1/2%. § 40-23-2(3) Author: Notes Ala. Admin. Code r. 810-6-2-.10 Statutory Authority: Code of Ala. 1975, §§ 40-23-31, 40-23-83.

Track accessories including spikes, bolts, plates, and switch parts becoming part of mine tracks used in removing minerals from the earth are taxed at the special machine rate of 1 1/2%. This provision does not, however, extend to track accessories used in the construction or mai…

Transformers used in the generation, manufacture, or distribution of electricity by public utilities are machines used in manufacturing and processing tangible personal property and, therefore, are taxed at the reduced machine rate. (Curry v. Alabama Power Company, 8 So. 2d 521) …

Trolley equipment used in supplying electric power to mine locomotives used in bringing minerals to the surface of the earth are taxed at the special machine rate of 1 1/2%. This provision, however, does not extend to electric cable, switch gear, and other equipment used to deliv…

A truck body, not a part of an automotive vehicle at the time it is purchased, is taxable at the general 4% rate except in those instances where a truck chassis and a truck body are purchased out of Alabama in separate transactions but are assembled into a unit for importation in…

A used automotive vehicle is one which has been put to the use for which it was intended. All sales of used automotive vehicles are taxed at the automotive rate regardless of how acquired. The sales tax applies on sales of used automotive vehicles in the same way it applies on ne…

Used automotive vehicles, used truck trailers and semitrailers when taken in trade are subject to sales tax at the automotive rate when resold. § 40-23-2(4) Author: Notes Ala. Admin. Code r. 810-6-2-.104.02 Statutory Authority: Code of Ala. 1975, § 40-23-31.

(Repealed). Author: Patricia Estes Notes Ala. Admin. Code r. 810-6-2-.104.05 Filed November 17, 1992. Amended: Filed February 18, 1993. Repealed: Filed June 25, 1998; effective July 30, 1998. Statutory Authority: Code of Ala. 1975, §§ 40-2A-7(a)(5), 40-23-1(a)(6), 40-23-1(a)(8), …

Wire rope is subject to sales or use tax at the 4% general rate when used on locomotive cranes, or other material handling equipment which is not entitled to the special machine rate of 1 1/2% . (Adopted March 9, 1961, amended November 1, 1963) §§ 40-23-2(1), 40-23-2(3) Author: N…

Wire rope is taxed at the special machine rate of 1 1/2% when used as an attachment for a machine used in mining, manufacturing or quarrying. § 40-23-2(3) Author: Notes Ala. Admin. Code r. 810-6-2-.106 Statutory Authority: Code of Ala. 1975, §§ 40-23-31, 40-23-83.

(1) Record of sales at wholesale to be kept. In the court case State of Alabama v. Levey, 29 So. 2d 129, the Alabama Supreme Court held that suitable records of wholesale sales must be kept in accordance with the provisions of the Sales and Use Tax Laws in order to claim nontaxab…

(1) Purchases of machines by paper manufacturers to be used in manufacturing, processing, or compounding tangible personal property and purchases by paper manufacturers of the parts, attachments, or replacements for these machines which are (i) made or manufactured for use on or …

Coal cutting machines are taxed at the special rate of 1 1/2%. § 40-23-2(3) Author: Notes Ala. Admin. Code r. 810-6-2-.11 Statutory Authority: Code of Ala. 1975, §§ 40-23-31, 40-23-83.

Petroleum coke and pitch used in the manufacture of aluminum from alumina are subject to tax at the special machine rate where such petroleum coke and pitch are made into linings for pots where alumina is reduced to aluminum or are made into anodes for such pots. § 40-23-2(3) Aut…

Sales of tangible personal property to organizations which are nonprofit corporations including those that are federally funded are subject to state and local sales tax. (Community Action Agency of Huntsville, Madison County, Inc., v. State of Alabama) (Adopted August 10, 1982) A…

Compressors, tar buckets, and portable signs mounted on wheels are not considered trailers. A trailer is defined as a vehicle without motive power designed to carry persons or property wholly on its own structure and to be drawn by a motor vehicle. Since portable compressors, por…

(1) Gross proceeds accruing from the retail sales of compositions, paste-ups, or layouts sold to printers, publishers, or others are subject to the sales tax at the machine rate of 1 1/2%. (2) Subject to the criteria outlined in Sales and Use Tax Rule 810-6-1-.80 entitled ingredi…

(1) Cotton gin machinery and equipment used in separating lint from seed, in cleaning and conditioning lint, in baling lint, the engines or motors furnishing the power for such separating, cleaning, conditioning and baling, and the equipment used to carry the cotton lint and seed…

Crossties and switchties used in the construction and maintenance of tracks used in bringing minerals to the surface of the earth are taxed at the special machine rate of 1 1/2%. This provision does not, however, extend to crossties and switchties used in the construction or main…

Mobile homes whether they be of the double wide variety or the standard variety are in fact mobile homes. Mobile homes, including double wide mobile homes, do not qualify as modular buildings. § 40-23-2(4) (Adopted August 10, 1982) Author: Notes Ala. Admin. Code r. 810-6-2-.15.03…

A dry dock is subject to the sales or use tax, whichever applies. A dry dock is not a vessel, nor is it a barge, exempted from the sales or use tax. § 40-23-4(12) Author: Notes Ala. Admin. Code r. 810-6-2-.15.05 Statutory Authority: Code of Ala. 1975, §§ 40-23-31, 40-23-83.…

Dust collectors made up of ducts, collectors, filters, and other parts are not of themselves machines used in manufacturing. They may, however, by attachment to a machine used in manufacturing take the special one and half percent rate. The special rate would not in any event app…

Electric motors used to drive machines used in mining, processing or manufacturing are taxed at the special machine rate of 1 1/2%. § 40-23-2(3) Author: Notes Ala. Admin. Code r. 810-6-2-.17 Statutory Authority: Code of Ala. 1975, §§ 40-23-31, 40-23-83.

Locomotives receiving power from an electric trolley used to bring coal to the surface of a mine are taxed under the machine levy at 1 1/2%. § 40-23-2(3) Author: Notes Ala. Admin. Code r. 810-6-2-.18 Statutory Authority: Code of Ala. 1975, §§ 40-23-31, 40-23-83.

Electric motors used to furnish power for machines used in manufacturing, compounding, processing, mining, or quarrying are taxed at the machine rate of 1 1/2%. Electric motors used to power equipment used primarily in plant maintenance are subject to the tax at the general rate …

(Repealed 11/3/98) Author: Patricia Estes Notes Ala. Admin. Code r. 810-6-2-.20 Repealed: Filed September 29, 1998; effective November 3, 1998. Statutory Authority: Code of Ala. 1975, §§ 40-23-31, 40-23-83.

(Repealed). Author: Notes Ala. Admin. Code r. 810-6-2-.21 Repealed: Filed February 3, 1998; effective March 10, 1998. Statutory Authority: Code of Ala. 1975, § 40-23-31.

Gross receipts accruing from the retail sales of photo engravings, plates, cuts, and other like articles sold to printers are subject to the sales tax at the machine rate of 1 1/2% where sold for use as parts or attachments of machines used in manufacturing. § 40-23-2(3) Author: …

It is the position of the Department based on an opinion by the Legal Division of the Department of Revenue that the federal tax is to be included in the measure of the tax when computing sales and/or use tax on retail sales of hazardous chemicals. The federal tax is a "cost of d…

(Repealed). Author: Patricia A. Estes Notes Ala. Admin. Code r. 810-6-2-.23 Repealed: Filed June 4, 1998; effective July 9, 1998. Statutory Authority: Code of Ala. 1975, § 40-23-31.

(Repealed). Author: Patricia A. Estes Notes Ala. Admin. Code r. 810-6-2-.24 Repealed: Filed June 4, 1998; effective July 9, 1998. Statutory Authority: Code of Ala. 1975, §§ 40-23-31, 40-23-83.

(1) The term "refractories" as used in this rule shall mean fire clay, firebrick, magnesite, steel, and other special purpose heat resistant materials. (2) Refractories, which are not in the nature of building materials and which are designed and manufactured for use as parts or …

(Repealed). Author: Patricia A. Estes Notes Ala. Admin. Code r. 810-6-2-.26 Repealed: Filed June 4, 1998; effective July 9, 1998. Statutory Authority: Code of Ala. 1975, § 40-23-31.

(Repealed). Author: Patricia Estes Notes Ala. Admin. Code r. 810-6-2-.26.02 Adopted August 15, 1974. Repealed: Filed June 25, 1998; effective July 30, 1998. Statutory Authority: Code of Ala. 1975, §§ 40-2A-7(a)(5), 40-23-2(5), 40-23-31.

(1) Through May 31, 2018 sales of gold in coin, bullion, nugget, flake, or other form to purchasers within the state are subject to the retail sales or use tax. In any form other than as a mineral in place, not yet extracted, gold is tangible personal property subject to the usua…

Gravel screens used in substantially the form in which they are purchased as parts of a mechanically powered gravel or sand washer and grader are taxed at the special machine rate of 1 1/2%. § 40-23-2(3) Author: Notes Ala. Admin. Code r. 810-6-2-.28 Statutory Authority: Code of A…

(1) The word "machine" as used in the Sales and Use Tax Laws is not understood to mean and include the hand implements used by laborers and craftsmen, commonly referred to as "hand tools" which are manually powered and controlled. (2) Implements, hand operated, which are powered …

Hose when used as an attachment for a machine used in manufacturing, compounding, processing, mining or quarrying is taxed at the machine rate of 1 1/2%. Hose used for general purposes or for maintenance is taxed at the general rate of 4%. (Adopted March 9, 1961, amended November…

(1) State, city, and county owned and operated hospitals, infirmaries, sanitariums, and like institutions are exempt from the payment of sales or use tax on their purchases of tangible personal property. §§ 40-23-4(11) and 40-23-62(13) (2) State, city, and county owned and operat…