Alabama Administrative Code

Notes Ala. Admin. Code r. 810-3-200-.59

Notes Ala. Admin. Code r. 810-3-200-.60

Notes Ala. Admin. Code r. 810-3-200-.61

Notes Ala. Admin. Code r. 810-3-200-.62

Notes Ala. Admin. Code r. 810-3-200-.63

Notes Ala. Admin. Code r. 810-3-200-.64

Notes Ala. Admin. Code r. 810-3-200-.65

Notes Ala. Admin. Code r. 810-3-200-.66

Notes Ala. Admin. Code r. 810-3-200-.67

Notes Ala. Admin. Code r. 810-3-200-.68

Notes Ala. Admin. Code r. 810-3-200-.69

Notes Ala. Admin. Code r. 810-3-200-.70

Notes Ala. Admin. Code r. 810-3-200-.71

Notes Ala. Admin. Code r. 810-3-200-.72

Notes Ala. Admin. Code r. 810-3-200-.73

Notes Ala. Admin. Code r. 810-3-200-.74

Notes Ala. Admin. Code r. 810-3-200-.75

Notes Ala. Admin. Code r. 810-3-200-.76

Notes Ala. Admin. Code r. 810-3-200-.77

Notes Ala. Admin. Code r. 810-3-200-.78

Notes Ala. Admin. Code r. 810-3-200-.79

Notes Ala. Admin. Code r. 810-3-200-.80

(1) For all taxable years beginning after the Multistate Tax Compact became effective in 1977, and taxable years beginning before January 1, 1997, resident taxpayers, including individuals, engaged in multistate business in such a manner as a to subject their income to allocation…

(1) Any taxpayers who is subject to the personal income tax imposed by Section 40-18-2 and has had a Job Development Fee withheld from the taxpayer's wages by an Approved Company pursuant to Section 41-10-44.8(b) is allowed a credit against the taxpayer's state personal income ta…

(1) The credit for tax paid or incurred to other jurisdictions shall not be used to offset that portion of a taxpayer's income tax liability which is attributable to Alabama sources. The credit for tax paid or incurred to other jurisdictions shall only be utilized against that po…

Purpose. This rule sets forth guidelines and procedures to be used by the department in the administration of rebates allowed for qualified production companies. (1) Definitions. For purposes of this rule, the term "Notice of Rebate Available" means the written notice from the Al…

(1) (a) A partnership is considered to be a "conduit" of income to each partner and not a taxable entity under Alabama income tax law. (b) The term "partnership" includes a limited partnership, a general partnership, and a syndicate, group, pool, or joint venture which is not a c…

(1) The net income of a partnership is computed in the same manner as that of an individual, except: (a) no deduction is allowed for a personal exemption or credit for dependents as provided in § 40-18-19, and (b) no deduction is allowed for charitable contributions or gift made …

(1) A partner's distributive share of partnership income, gains, losses and deductions shall be determined in accordance with the partner's interest in the partnership (taking into account all facts and circumstances) unless - (a) the partnership agreement provides otherwise, and…

(1) A partner who engages in a transaction with a partnership other than in his capacity as a partner shall be treated as if he were not a member of the partnership with respect to such transaction. In all cases the substance of the transaction will govern and not its form. The r…

(1) A partnership interest is personal property hold for the production of income. A gain or loss from the sale or other disposition of a partnership interest must be recognized to the extent provided in § 40-18-8. (2) The adjusted basis of a partner's interest in a partnership s…

(1) The tax imposed by Chapter 18, Title 40, Code of Ala. 1975, shall apply to the income of estates or of any kind of property held in trust, including: (a) Income received by estates of deceased persons during the period of administration or settlement of the estate; (b) Income…

(Repealed 5/5/00) Authors: Roy Wiggins, John H. Burgess Notes Ala. Admin. Code r. 810-3-25-.02 Adopted September 30, 1982. Amended June 17, 1988; filed July 27, 1988. Repealed: Filed March 31, 2000; effective May 5, 2000. Statutory Authority: Code of Ala. 1975, § 40-18-25.

(Repealed 5/5/00) Authors: Roy Wiggins, John H. Burgess Notes Ala. Admin. Code r. 810-3-25-.03 Adopted September 30, 1982. Amended September 7, 1988; filed October 26, 1988. Repealed: Filed March 31, 2000; effective May 5, 2000. Statutory Authority: Code of Ala. 1975, § 40-18-25.…

(1) Estates and trusts are taxed at the same rate as a single individual - see § 40-18-5(1), Code of Ala. 1975. Those rates are two percent of the first $500.00 of taxable income, four percent of the taxable income in excess of $500.00 and not in excess of $3,000.00, and five per…

(1) (a) Each beneficiary of a trust or estate shall include in gross income the distributive share, whether distributed or not, of the net income of the trust or estate; except that portion of the estate or trust net, or taxable, income which was taxed as provided in Rule 810-3-2…

(1) Except as provided in paragraphs (2), (3) and (4) below, the following trusts are exempt from taxation under § 40-18-25, Code of Ala. 1975: (a) Any qualified trust defined in 26 U.S.C. § 401(a) relating to qualified pension, profit sharing, or stock bonus plans. (b) A custodi…

(1) Estates and trusts are required to file Alabama Form 41, Fiduciary Income Tax Return, on the date the taxpayer's federal return is due or would be due if the federal return was required. (a) The entity will be granted an extension of time for filing the fiduciary return in th…

Notes Ala. Admin. Code r. 810-3-25-.08 Adopted September 30, 1982. Amended June 17, 1988; filed July 27, 1988. Amended: Filed March 31, 2000; effective May 5, 2000. Amended: Filed December 27, 2006; effective January 31, 2007. Repealed by Alabama Administrative Monthly Volume XL,…

(1) Taxpayers are allowed to convert an IRA to a Roth IRA in accordance with 26 U.S.C. § 408A. Any amount required to be included in gross income as a result of the conversion will be ratably included in gross income over a 4-taxable year period beginning with the taxable year in…

(1) For tax years beginning after December 31, 2004, the computation of Alabama taxable income for an estate or trust shall be determined in accordance with Subchapter J of Chapter 1 of Subtitle A of the Internal Revenue Code, 26 U.S.C. §§ 641 through 692, relating to estates, tr…

(1) For tax years beginning after December 31, 2004, the computation of Alabama taxable income for a beneficiary of an estate or trust and for persons treated as owners of any portion of a trust shall be determined in accordance with Subchapter J of Chapter 1 of Subtitle A of the…

(1) For tax years beginning after December 31, 2004, the computation of Alabama Distributable Net Income (DNI) shall be determined in accordance with 26 U.S.C. § 643(a); in accordance with § 40-18-1.1, Code of Ala. 1975, concerning the adoption of federal Internal Revenue Code se…

(1) For tax years beginning after December 31, 2004, the classification of a business trust for the purposes of determining the Alabama income tax due shall be in the same manner as the business trust is classified for federal income tax purposes. (2) Generally, the Internal Reve…

(1) For tax years beginning after December 31, 2004, grantor trusts, as described in 26 U.S.C. § 671, have an Alabama return filing requirement specified by §§ 40-18-25(g) and 40-18-29, Code of Ala. 1975. (2) Grantor trusts, as described in 26 U.S.C. § 671, required to comply wit…

(1) The term "foreign trust" will have the same meaning for Alabama income tax purposes, as is used in with Subchapter J of Chapter 1 of Subtitle A of the Internal Revenue Code, 26 U.S.C. §§ 641 through 692. (2) Determination of Foreign Trust. The determination as to whether a tr…

(1) For tax years beginning after December 31, 2004, if a resident estate or trust conducts a trade or business both in Alabama and in one or more other states or territories, the resident estate or trust is entitled to a credit to be applied to the Alabama income tax for the amo…

(1) All resident payers engaged in a trade or business and making nonwage payments of fifteen hundred dollars ($1,500) or more within a calendar year to any person (whether a resident or nonresident) are required to issue an information return (Federal Form 1099) to the payee and…

(1) Alabama income tax is not required to be withheld from distributions from a retirement or pension plan, interest payments or other nonwage payments. However, voluntary withholding of Alabama income tax is permissible. If a payer of nonwage payments voluntarily withholds Alaba…

(1) Payment settlement entities, third party settlement organizations, electronic payment facilitators or other third parties acting on behalf of a payment settlement entity, all as defined in IRC Section 6050W who are required to file 1099-K information returns with the IRS rela…