Title 40 — Title 40
0 chapters · 2,056 sections in this title.
Ala. Code § 40-18-201 Companies to Maintain Records; Regulations Concerning Determination of Income
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REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. History: (Acts 1995, No. 95-187, p. 250, §13.)
Ala. Code § 40-18-202 Availability of Capital Credits for New Projects After December 31, 1998
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REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. History: (Acts 1995, No. 95-187, p. 250, §15.)
Ala. Code § 40-18-202.1 Availability of Capital Credits After December 31, 2018
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REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. History: (Act 2008-275, p. 402, §11; Act 2009-722, p. 2143, §2.)
Ala. Code § 40-18-203 Provisions to Govern Administration of Article
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REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. History: (Acts 1995, No. 95-187, p. 250, §16.)
Ala. Code § 40-18-205 Short Title
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REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. History: (Act 2011-648, p. 1651, §1.)
Ala. Code § 40-18-206 Definitions
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REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. History: (Act 2011-648, p. 1651, §2.)
Ala. Code § 40-18-207 Statement of Intent to File for Tariff Card
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REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. History: (Act 2011-648, p. 1651, §3.)
Ala. Code § 40-18-208 Recommendation and Approval; Notice of Tariff Credit
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REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. History: (Act 2011-648, p. 1651, §4.)
Ala. Code § 40-18-209 Availability of Tariff Credit on Pass-Through Basis
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REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. History: (Act 2011-648, p. 1651, §5.)
Ala. Code § 40-18-21 Credits for Taxes Paid on Income from Sources Outside the State and for Job Development
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Fees. (a)(1) For the purpose of ascertaining the income tax due under the provisions of this chapter by individual residents of Alabama whose gross income, as defined herein, is derived from sources both within and outside the State of Alabama, there shall be allowed a credit aga…
Ala. Code § 40-18-21.1 Annual Report of Credits Claimed for Taxes Paid to Foreign Countries
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The Department of Revenue shall report annually to the Legislature the extent to which credits for taxes paid to foreign countries are claimed during the preceding tax year. The report shall be due on the fifth legislative day of each regular session and shall state the number of…
Ala. Code § 40-18-210 Relation to Article 7 of This Chapter
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REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. History: (Act 2011-648, p. 1651, §6.)
Ala. Code § 40-18-211 Filing Requirements
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REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. History: (Act 2011-648, p. 1651, §7.)
Ala. Code § 40-18-212 Annual Report
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REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. History: (Act 2011-648, p. 1651, §8.)
Ala. Code § 40-18-213 Rules and Regulations; Fees; Audit
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REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. History: (Act 2011-648, p. 1651, §9.)
Ala. Code § 40-18-214 Availability of Tariff Credits; Tariff Costs Treated as Income; Minimum Employment Level
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REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. History: (Act 2011-648, p. 1651, §10.)
Ala. Code § 40-18-215 Implementation and Administration of Article
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REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. History: (Act 2011-648, p. 1651, §11.)
Ala. Code § 40-18-22 Taxpayers Engaged in Multistate Business - Allocation and Apportionment of Deductions and
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Exemptions. Taxpayers, including corporations, as well as subchapter K entities and Alabama S corporations, engaged in multistate business in such a manner as to subject their income to allocation and apportionment provided by the Multistate Tax Compact shall allocate and apporti…
Ala. Code § 40-18-220 Credit for Corporations Producing Coal Mined in Alabama
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(a) For the tax years beginning on and after January 1, 1995, every person that is doing business in Alabama, as a producer of coal mined in Alabama, shall be allowed a coal production credit to be used as provided in subsection (b) in the amount of one dollar ($1) per ton of inc…
Ala. Code § 40-18-221 Department to Promulgate and Issue Rules and Regulations
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REPEALED BY ACT 2023-546, EFFECTIVE DECEMBER 1, 2028 UNLESS EXTENDED BY AN ACT OF THE LEGISLATURE. The Department of Revenue shall promulgate and issue rules and regulations to implement and administer this article. History: (Acts 1995, No. 95-239, p. 403, §2.)
Ala. Code § 40-18-222 (Repealed by Act 2023-546, § 4, Effective December 31, 2028, Unless Extended by Act of
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Legislature) Repeal of Incentives. (a) The Coal Production Tax Credit, Article 8, commencing with Section 40-18-220, Chapter 18, of Title 40, is repealed effective December 31, 2028, unless extended by an act of the Legislature prior to that date for no more than five additional …
Ala. Code § 40-18-23 Taxpayers Engaged in Multistate Business - Option of Certain Taxpayers to Report and Pay
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Tax on Basis of Percentage of Volume. Any taxpayer who has taxable income from business activities both within and without this state, whose only business activities within this state consist of sales and do not include owning or renting real estate or tangible personal property,…
Ala. Code § 40-18-24 Taxation of Subchapter K Entity
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(a) The amount of income, deduction, gain, loss, or credit includable or deductible by an owner of an interest in a subchapter K entity shall be determined in accordance with subchapter K of the Internal Revenue Code, 26 U.S.C. §§ 701-761. (b) For purposes of computing its net in…
Ala. Code § 40-18-24.1 Composite Return and Payment by Nonresident Owner of Subchapter K Entity
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Repealed by Act 2009-144, p. 268, §12, effective January 1, 2009. History: (Act 2001-1105, 4th Sp. Sess., p. 1169, §1.)
Ala. Code § 40-18-24.2 Taxation of Pass-Through Entities
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(a) For purposes of this section and Section 40-18-24.3, the following terms shall have the following meanings: (1) MEMBER. An individual, estate, trust or business trust as defined in Section 40-18-1, a corporation as defined in Section 40-18-1, or Subchapter K entity as defined…
Ala. Code § 40-18-24.3 Taxation on Distributive Share of Interest, Dividends, Etc., of Nonresident Member of
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Qualified Investment Partnership. (a) Notwithstanding any other provision of this chapter to the contrary, including Sections 40-18-2 and 40-18-24.2, no income tax shall be due the State of Alabama from a nonresident member of a qualified investment partnership, or from the quali…
Ala. Code § 40-18-24.4 Alabama Electing Pass-Through Entity Tax Act
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(a) This section shall be known and may be cited as the Alabama Electing Pass-Through Entity Tax Act. (b) For the purposes of this section, “electing pass-through entity” means any Alabama S corporation, as is defined by Section 40-18-160, and any subchapter K entity, as is defin…
Ala. Code § 40-18-24.5 Refundable Credit for Certain Owners, Members, Partners, or Shareholders of Electing Pass-
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Through Entities. (a) Notwithstanding any other provision of Chapters 16 and 18 of this title to the contrary, for tax years beginning on or after January 1, 2021, any owner, member, partner, or shareholder of an electing pass- through entity shall report its pro rata or distribu…
Ala. Code § 40-18-240 Definitions
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REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. History: (Act 2001-503, p. 886, §1.)
Ala. Code § 40-18-241 Written Statement of Intent to Claim Credit
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REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. History: (Act 2001-503, p. 886, §2.)
Ala. Code § 40-18-242 Written Agreements with Department
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REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. History: (Act 2001-503, p. 886, §3.)
Ala. Code § 40-18-243 Availability of Credit on Pass-Through Basis
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REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. History: (Act 2001-503, p. 886, §4.)
Ala. Code § 40-18-244 Credits Not to Exceed Costs
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REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. History: (Act 2001-503, p. 886, §5.)
Ala. Code § 40-18-245 Report to Legislature
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REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. History: (Act 2001-503, p. 886, §6.)
Ala. Code § 40-18-246 Regulations; Periodic Audits
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REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. History: (Act 2001-503, p. 886, §7.)
Ala. Code § 40-18-247 Affidavit of Compliance
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REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. History: (Act 2001-503, p. 886, §8.)
Ala. Code § 40-18-248 Maintenance of Records; Promulgation of Regulations
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REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. History: (Act 2001-503, p. 886, §9.)
Ala. Code § 40-18-249 Availability of Credit After December 31, 2005
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REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. History: (Act 2001-503, p. 886, §10.)
Ala. Code § 40-18-25 Estates and Trusts
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(a) For purposes of this chapter, the income and deductions, including the distribution deduction, of estates and trusts shall be determined in accordance with Subchapter J of Chapter 1 of Subtitle A of the Internal Revenue Code, 26 U.S.C. §641 et seq., relating to estates, trust…
Ala. Code § 40-18-25.1 Estates and Trusts - Exemptions
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(a) Trusts shall be exempt from the tax imposed by this chapter if they are exempt from federal income tax under 26 U.S.C. § 501 (relating to exempt organizations), § 401 (relating to pension and profit sharing trusts), § 408 and § 408A (relating to individual retirement accounts…
Ala. Code § 40-18-25.2 Estates and Trusts - Deductions from Gross Income of Net Operating Loss
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(a) Nothing in Act 2006-114 shall be construed to change or otherwise affect a taxpayer’s liability relating to a tax year beginning prior to the effective date of Act 2006-114. (b) Should: (1) any trust which is described in Section 40-18-25(b), or (2) any business trust, as suc…
Ala. Code § 40-18-250 Administration of Article
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REPEALED IN THE 2015 REGULAR SESSION BY ACT 2015-27 EFFECTIVE JULY 2, 2015. History: (Act 2001-503, p. 886, §11.)
Ala. Code § 40-18-26 Information from Source of Income
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Every resident individual, corporation, association, or agent shall make a report to the Department of Revenue of complete information covering the amount of all interest, rent, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, or other fixed or dete…
Ala. Code § 40-18-27 Individual Taxpayer’s Returns; Liability of Innocent Spouse
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(a) Every taxpayer having gross income before the deductions allowed by this chapter for the taxable year exceeding the sum of the allowable standard deduction as provided in Section 40-18-15 and the personal exemption as provided in Section 40-18-19, as allowed for his or her re…
Ala. Code § 40-18-270 Short Title
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REPEALED BY ACT 2023-546, EFFECTIVE DECEMBER 1, 2028 UNLESS EXTENDED BY AN ACT OF THE LEGISLATURE. This article shall be known as the Reemployment Act of 2010. History: (Act 2010-557, p. 1132, §1.)
Ala. Code § 40-18-271 Deduction for Businesses That Hire Certain Unemployed Persons
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REPEALED BY ACT 2023-546, EFFECTIVE DECEMBER 1, 2028 UNLESS EXTENDED BY AN ACT OF THE LEGISLATURE. (a) An Alabama income tax deduction is established for employers that create new jobs for unemployed persons. The deduction shall equal 50 percent of the gross wages paid to each pe…
Ala. Code § 40-18-272 Adoption of Rules
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REPEALED BY ACT 2023-546, EFFECTIVE DECEMBER 1, 2028 UNLESS EXTENDED BY AN ACT OF THE LEGISLATURE. The Department of Revenue shall have the authority to adopt such rules as necessary to carry out this article. History: (Act 2010-557, p. 1132, §3.)
Ala. Code § 40-18-273 (Repealed by Act 2023-546, § 5, Effective December 31, 2028, Unless Extended by Act of
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Legislature) Repeal of Incentives. (a) The Reemployment Act of 2010, Article 10, commencing with Section 40-18-270, Chapter 18, of Title 40, is repealed effective December 31, 2028, unless extended by an act of the Legislature prior to that date for no more than five additional y…
Ala. Code § 40-18-28 Returns of Subchapter K Entities and Single Member Limited Liability Companies
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Every subchapter K entity, and every single member limited liability company, shall make a return to the Department of Revenue for each taxable year, stating specifically the items of its gross income and the deductions allowed by this chapter, and shall include in the return the…
Ala. Code § 40-18-29 Fiduciary Returns
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(a) Every fiduciary, except receivers appointed by authority of law in possession of part only of the property of a taxpayer, shall make a return for the taxpayer for whom he acts, first, if the net income of such taxpayer is $1,500 or over, if single or if married and not living…