reglab/housing_qa huggingface dataset:
AL Code § 40-16-1.3 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 16 - Financial Institution Excise Tax.|Section 40-16-1.3 - Net Income of Credit Unions.

Section 40-16-1.3Net income of credit unions. (a) With respect to credit unions only, net income means financial statement income which is the final net income amount, total revenue less total expenses, calculated for financial statement purposes and reported to the Internal Revenue Service as a tax exempt organization and to the Alabama Credit Union Administration (ACUA) or other government regulatory authority as appropriate, less the subtractions specified in subsection (b) and as allocated and apportioned to Alabama according to rules adopted by the Department of Revenue pursuant to Section 40-16-4. (b) Subtractions. The following items shall be subtracted from financial statement income for purposes of computing the net income of a credit union under this chapter: (1) Dividends received from other credit unions and credit union service organizations as defined by federal law and the regulations of the National Credit Union Administration. (2) Reasonable additions to regular reserves as defined by the Capital Preservation Plan approved by each credit union’s Board of Directors annually and accepted by the ACUA pursuant to ACUA regulations pertaining to Capital Preservation Plans. Upon withdrawal or reduction of such reserves the amount withdrawn or reduced shall be included in the calculation of taxable income for the tax year in which the withdrawal occurs. Provided that, direct transfers between reserve accounts, including the allowance for loan losses, that are not included in the calculation of net income shall not be includible in the calculation of taxable income. (c) Nothing in this section shall be construed to allow: (1) Any item to be deducted more than once. (2) A deduction for any item that is excluded from income. (3) Any item to be included in the Alabama net income of more than one taxpayer. (d) No assessments of Financial Institution Excise Tax shall be entered or issued and no refunds shall be granted or paid for tax years ending on or before January 1, 2021, to adjust the amounts subtracted from net income of credit unions for additions to reserves, as previously provided in this section. Further, such amount included in any assessment entered prior to January 1, 2021, shall be void and unenforceable and shall be withdrawn or dismissed with prejudice by the department, and any such refund petitions filed prior to January 1, 2021, shall be denied by the department. (Act 2019-284, §3; Act 2021-128, §1.)
AL Code § 40-16-2 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 16 - Financial Institution Excise Tax.|Section 40-16-2 - Production Credit Associations Taxable Under Chapter.

Section 40-16-2Production credit associations taxable under chapter. Production credit associations, incorporated pursuant to the provisions of the act of Congress known as the Farm Credit Act of 1933, are not foreign corporations, and any such association which may become taxable by the state shall be subject to the same taxation imposed upon national banks under the provisions of this chapter, and such associations shall be exempt from all other forms of income, privilege and license taxes imposed by the state. (Acts 1965, No. 276, p. 390.)
AL Code § 40-16-5 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 16 - Financial Institution Excise Tax.|Section 40-16-5 - When Tax Due; Extension of Time for Payment.

Section 40-16-5When tax due; extension of time for payment. Repealed by Act 2019-284, §4, effective January 1, 2020. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §428; Acts 1943, No. 524, p. 490; Acts 1978, No. 840, p. 1247, §4; Acts 1992, No. 92-186, p. 349, §46.)
AL Code § 40-16-5.1 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 16 - Financial Institution Excise Tax.|Section 40-16-5.1 - Payment of Estimated Financial Institution Excise Taxes.

Section 40-16-5.1Payment of estimated financial institution excise taxes. (a) Financial institutions shall pay estimated financial institution excise tax in accordance with 26 U.S.C. § 6655, except the provisions of 26 U.S.C. § 6655(g)(1)(A)(ii) through (iii) shall not apply. The balance of the tax owed, after reduction by the credits allowed by this chapter, and by prior payments including estimated payments as provided in this section, shall be due and paid at the same time as the due date of an original return. (b) For the purposes of this section: (1) Section 40-16-4 shall be substituted when 26 U.S.C. § 6655 refers to Chapter 1; (2) Section 40-16-4 shall be substituted when 26 U.S.C. § 6655 refers to Section 11; (3) The terms section 1201(a) and Subchapter L of Chapter 1 referred to in 26 U.S.C. § 6655(g)(1)(A)(i) shall be ignored for Alabama excise tax purposes; (4) Section 40-16-8 shall be substituted when 26 U.S.C. § 6655(g)(1)(B) refers to Part IV of Subchapter A of Chapter 1; (5) The term carrybacks referred to in 26 U.S.C. § 6655(g)(2)(B)(iii) shall be ignored for Alabama excise tax purposes; (6) Commissioner shall be substituted when 26 U.S.C. § 6655 refers to Secretary. (Act 2019-284, §3.)
AL Code § 40-16-6 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 16 - Financial Institution Excise Tax.|Section 40-16-6 - Remittance and Disposition of Tax.

Section 40-16-6Remittance and disposition of tax. (a) The remittance of the excise tax due under this chapter shall be made to the Department of Revenue at Montgomery, Alabama, with checks payable to the Department of Revenue. (b) The Department of Revenue shall promptly distribute the balance of financial institution excise tax revenue, net of refunds, as of the close of each calendar quarter, with 50 percent of the revenue distributed to the general fund, 33.3 percent distributed to municipalities, and the remaining 16.7 percent distributed to counties. (c) Beginning with the 2019 municipal financial institution excise tax distribution, each municipality shall receive a percentage share of the total municipal financial institution excise tax revenue equal to its average percentage share of the total municipal financial institution revenue distribution over the five years ending in 2018. (d) The first 20 percent of total county financial institution excise tax revenue shall be distributed equally among all counties. The remaining 80 percent of county financial institution excise tax revenue shall be distributed among the counties based on each county’s share of total Alabama population as determined in the most recent federal census prior to the distribution.  (e) No municipality or county within the state may levy or assess any excise tax for the privilege of engaging in a business in addition to that levied and distributed to it as herein provided, except license taxes. However, license taxes on banks shall not be levied in excess of those which may be legally levied pursuant to Section 11-51-130, provided however, that the license authorized by subdivisions (1) to (12), inclusive, of subsection (a) of Section 11-51-130 may be levied only by the municipality where the bank has its principal place of business. (Acts 1935, No. 194, p. 256; Acts 1939, No. 396, p. 517; Code 1940, T. 51, §429; Acts 1943, No. 547, p. 536; Acts 1951, No. 839, p. 1470; Acts 1991, No. 91-478, p. 866, § 1; Act 99-665, 2nd Sp. Sess., p. 131, §6; Act 99-664, 2nd Sp. Sess., p. 124, §1; Act 2019-284, §2.)
AL Code § 40-16-8 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 16 - Financial Institution Excise Tax.|Section 40-16-8 - Exemptions and Credits.

Section 40-16-8Exemptions and credits. All moneyed capital employed in the business the privilege of engaging in which is hereby taxed and the shares of all financial institutions, as in this chapter defined, shall be exempted from assessment and payment of ad valorem taxes, except the moneyed capital and shares of any business hereby taxed which fails to make and file the returns required by this chapter and to pay the tax levied by this chapter as and when in this chapter provided. The real estate owned by every such financial institution shall not be exempted. If any other tax other than the privilege tax levied by Article 2 of Chapter 14A, whether on property (other than ad valorem taxes on real estate), income, business or any element thereof, except license taxes not in excess of those heretofore legally levied and in effect, at any time after July 10, 1935, has been, or is at any time hereafter levied by this state or by any political subdivision of this state on any financial institution as in this chapter defined, the amount of such other tax due by such institution shall be credited on account of the tax payable pursuant to the provisions of this chapter. (Acts 1935, No. 194, p. 256; Code 1940, T. 51, §431; Act 99-665, 2nd Sp. Sess., §6.)
AL Code § 40-16-9 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 16 - Financial Institution Excise Tax.|Section 40-16-9 - Tax Credits Applied to State Portion of Tax Liability.

Section 40-16-9Tax credits applied to state portion of tax liability.  Notwithstanding any other laws to the contrary, other than the tax credits allowed by Section 40-16-8, any law enacting or amending a tax credit allowed to a financial institution against the financial institution excise tax imposed by this chapter which becomes effective on or after January 1, 2016, shall be applied only to the state portion of the tax liability and shall not offset or reduce the financial institution excise tax distribution made to municipalities and counties pursuant to Section 40-16-6. This section does not amend, repeal, or supersede any financial institution excise tax credit in effect on December 31, 2015. (Act 2016-280, §1.)
AL Code § 40-17A-1 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 17A - Drugs and Controlled Substances Excise Tax.|Section 40-17A-1 - Definitions.

Section 40-17A-1Definitions. As used in this chapter, the following words shall have the meanings herein ascribed, except where the context directly requires otherwise: (1) COMMISSIONER. The Commissioner of Revenue. (2) CONTROLLED SUBSTANCE. Any drug or substance, whether real or counterfeit, as defined in the Alabama Uniform Controlled Substances Act, that is held, possessed, transported, transferred, sold, or offered to be sold in violation of Alabama laws. "Controlled substance," as used in this chapter, does not include marihuana. (3) DEALER. A person who in violation of Alabama law manufactures, produces, ships, sells, uses, distributes, transports, or imports into Alabama or in any manner acquires or possesses more than 42 1/2 grams of marihuana, or seven or more grams of any controlled substance, or 10 or more dosage units of any controlled substance which is not sold by weight, or dosage units, shall include the weight or dosage units of the substance whether pure, impure, or diluted, in the dealer's possession. A quantity of a controlled substance is diluted if it consists of a detectable quantity of a pure controlled substance and any excipients or fillers. (4) DEPARTMENT. Department of Revenue of the State of Alabama. (5) DOSAGE UNIT. A tablet, capsule, vial, or ampule of a controlled substance or, in cases of mass volume or diluted quantities, the proper dose or quantity of a controlled substance to be taken all at one time or in fractional amounts within a given period, as defined and adopted by the United States Pharmacopeia. (6) MARIHUANA. Any marihuana, whether real or counterfeit, as defined in Section 20-2-2, that is held, possessed, transported, transferred, sold, or offered to be sold in violation of Alabama laws. (7) POSSESSION. For the purposes of this chapter, to include either actual possession, or constructive possession, or a combination of both actual and constructive possession. (Acts 1988, 1st Ex. Sess., No. 88-785, p. 218, §1.)
AL Code § 40-17A-2 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 17A - Drugs and Controlled Substances Excise Tax.|Section 40-17A-2 - Administration; Manner of Payment; Collection.

Section 40-17A-2Administration; manner of payment; collection. The Commissioner of Revenue shall administer the provisions of this chapter. Payments required by this chapter shall be made to the commissioner on the form provided by the commissioner. The commissioner shall collect all taxes under this chapter. (Acts 1988, 1st Ex. Sess., No. 88-785, p. 218, §2.)
AL Code § 40-17A-3 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 17A - Drugs and Controlled Substances Excise Tax.|Section 40-17A-3 - Rules and Regulation; Official Stamps, Labels, Etc.

Section 40-17A-3Rules and regulation; official stamps, labels, etc. The said commissioner may promulgate rules and regulations necessary to enforce and administer the revenue and taxation provisions of this chapter and shall adopt a uniform system of providing, affixing, and displaying official stamps, official labels, or other official indicia for marihuana and controlled substances on which a tax is imposed. (Acts 1988, 1st Ex. Sess., No. 88-785, p. 218, §3.)
AL Code § 40-17A-4 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 17A - Drugs and Controlled Substances Excise Tax.|Section 40-17A-4 - Restrictions Imposed if Tax Not Paid; Stamps.

Section 40-17A-4Restrictions imposed if tax not paid; stamps. No dealer may possess, distribute, sell, transport, import, transfer, or otherwise use any marihuana or controlled substance upon which a tax is imposed by Section 40-17A-8 unless the tax has been paid on the marihuana or other controlled substance as evidenced by a stamp or other official indicia. (Acts 1988, 1st Ex. Sess., No. 88-785, p. 218, §4.)
AL Code § 40-17A-5 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 17A - Drugs and Controlled Substances Excise Tax.|Section 40-17A-5 - Effect of Chapter on Immunity.

Section 40-17A-5Effect of chapter on immunity. Nothing in this chapter may in any manner provide immunity for a dealer from criminal prosecution pursuant to Alabama law. (Acts 1988, 1st Ex. Sess., No. 88-785, p. 218, §5.)
AL Code § 40-17A-6 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 17A - Drugs and Controlled Substances Excise Tax.|Section 40-17A-6 - Exemption of Persons Registered Under Section 20-2-51 or Otherwise in Lawful Possession.

Section 40-17A-6Exemption of persons registered under Section 20-2-51 or otherwise in lawful possession. Nothing in this chapter requires persons registered under Section 20-2-51, or otherwise lawfully in possession of marihuana or a controlled substance, to pay the tax required under this chapter. (Acts 1988, 1st Ex. Sess., No. 88-785, p. 218, §6.)
AL Code § 40-17A-7 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 17A - Drugs and Controlled Substances Excise Tax.|Section 40-17A-7 - Method of Calculating Tax.

Section 40-17A-7Method of calculating tax. For the purpose of calculating the tax under Section 40-17A-8, an amount of marihuana or other controlled substance is measured by the weight of the substance or by number of dosage units in the dealer's possession. (Acts 1988, 1st Ex. Sess., No. 88-785, p. 218, §7.)
AL Code § 40-17A-8 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 17A - Drugs and Controlled Substances Excise Tax.|Section 40-17A-8 - Rates.

Section 40-17A-8Rates. A tax is imposed on marihuana and controlled substances as defined in Section 40-17A-1 at the following rates: (1) On each gram of marihuana, or each portion of a gram, $3.50; and (2) On each gram of controlled substance, or portion of a gram, $200; or (3) On each 50 dosage units of a controlled substance that is not sold by weight, or portion thereof, $2,000. (Acts 1988, 1st Ex. Sess., No. 88-785, p. 218, §8.)
AL Code § 40-17A-9 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 17A - Drugs and Controlled Substances Excise Tax.|Section 40-17A-9 - Penalty; Enforcement.

Section 40-17A-9Penalty; enforcement. (a) Any dealer violating this chapter is subject to a penalty of 100 percent of the tax in addition to the tax imposed by Section 40-17A-8. In addition to the tax and penalty imposed, a dealer failing to affix the appropriate stamps, labels, or other indicia is guilty of a Class C felony, and, upon conviction, may be punished as provided in the Alabama Criminal Code. Such penalty shall be cumulative to any other penalty or crime. (b) Notwithstanding any other provision of the criminal laws of this state, an indictment may be found and filed upon any criminal offense specified in this section, in the proper court within six years after the commission of this offense. (Acts 1988, 1st Ex. Sess., No. 88-785, p. 218, §9.)
AL Code § 40-17A-10 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 17A - Drugs and Controlled Substances Excise Tax.|Section 40-17A-10 - Purchase of Stamps, etc.; Manufacture of Same.

Section 40-17A-10Purchase of stamps, etc.; manufacture of same. Official stamps, labels, or other indicia to be affixed to all marihuana or controlled substances shall be purchased from the Department of Revenue. The purchaser shall pay 100 percent of face value for each stamp, label, or other indicia at the time of the purchase. The department shall make the stamps, labels, or other indicia in denominations as provided by the department by regulation. (Acts 1988, 1st Ex. Sess., No. 88-785, p. 218, §10.)
AL Code § 40-17A-11 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 17A - Drugs and Controlled Substances Excise Tax.|Section 40-17A-11 - Method and Time of Affixing Stamps; Payment Due.

Section 40-17A-11Method and time of affixing stamps; payment due. (a) When a dealer purchases, acquires, transports, or imports into this state marihuana or controlled substances on which a tax is imposed by Section 40-17A-8, and if the indicia evidencing the payment of the tax have not already been affixed, the dealer shall have them permanently affixed on the marihuana or controlled substance immediately after receiving the substance. Each stamp or other official indicia may be used only once. (b) Payable on possession. Taxes imposed upon marihuana or controlled substances by this chapter are due and payable immediately upon acquisition or possession in this state by a dealer. (Acts 1988, 1st Ex. Sess., No. 88-785, p. 218, §11.)
AL Code § 40-17A-12 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 17A - Drugs and Controlled Substances Excise Tax.|Section 40-17A-12 - Jeopardy Assessment; Suit to Enjoin Assessment Prohibited; Exception; Tax and Penalties Assumed Correct.

Section 40-17A-12Jeopardy assessment; suit to enjoin assessment prohibited; exception; tax and penalties assumed correct. (a) An assessment for a dealer not possessing stamps or other official indicia showing that the tax has been paid shall be considered a jeopardy assessment or collection, as provided in Section 40-29-91. The commissioner shall assess a tax based on personal knowledge or information available to the commissioner, mail to the taxpayer at the taxpayer's last known address or serve in person, a written notice of the amount of tax; demand its immediate payment; and, if payment is not immediately made, collect the tax by any method prescribed in either Section 40-2-11 or Section 40-29-23, except that the commissioner need not await the expiration of the times specified in Section 40-29-23, nor shall he be required to obtain a circuit court order to levy upon any assets or other property to obtain immediate collection of the tax. (b) No person may bring suit to enjoin the assessment or collection of any taxes, interest, or penalties imposed by this chapter except law enforcement officials when acting for the purpose of carrying out subsection (d) of Section 40-17A-13. (c) The tax and penalties assessed by the commissioner are presumed to be valid and correctly determined and assessed. The burden is upon the taxpayer to show their incorrectness or invalidity. Any statement or assessment filed by the commissioner with any court, or any other certificate by the commissioner of the amount of tax and penalties determined or assessed is admissible in evidence and is prima facie evidence of the facts it contains. (Acts 1988, 1st Ex. Sess., No. 88-785, p. 218, §12.)
AL Code § 40-17A-13 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 17A - Drugs and Controlled Substances Excise Tax.|Section 40-17A-13 - Confidentiality of Records and Reports; Violation; Publishing Statistics; Applicability of Forfeiture Laws.

Section 40-17A-13Confidentiality of records and reports; violation; publishing statistics; applicability of forfeiture laws. (a) Notwithstanding any law to the contrary, neither the commissioner nor a public employee may reveal facts contained in a report or return required by this chapter, nor can any information contained in such a report or return be used against the dealer in any criminal proceeding, except in connection with a proceeding involving taxes due under this chapter, unless such information is independently obtained. (b) Any person violating this section shall be guilty of a Class C misdemeanor. (c) This section does not prohibit the Commissioner of Revenue from publishing statistics that do not disclose the identity of dealers or the contents of particular returns or reports. (d) Notwithstanding any provision of this chapter or any other provision of law, including the revenue code, collection of any taxes under this chapter or imposition of any revenue liens arising as a result of this chapter, shall not interfere with any forfeiture and condemnation of money or any other type or kind of property whatsoever under the drug forfeiture laws of this state, or with any distribution of property or funds under the drug forfeiture laws of this state. Regardless of the order in which proceedings are begun, condemnation and forfeiture of money or any other type or kind of property whatsoever and distribution of property and funds under the drug forfeiture laws of this state shall always take precedence over any proceedings to collect taxes under this chapter. (Acts 1988, 1st Ex. Sess., No. 88-785, p. 218, §13.)
AL Code § 40-17A-14 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 17A - Drugs and Controlled Substances Excise Tax.|Section 40-17A-14 - Examination of Books, Records, Etc.

Section 40-17A-14Examination of books, records, etc. For the purpose of determining the correctness of any return, determining the amount of tax that should have been paid, determining whether or not the dealer should have made a return or paid taxes, or collecting any taxes under this act, the commissioner may examine, or cause to be examined, any books, papers, records, or memoranda, that may be relevant to making such determinations, whether the books, papers, records, or memoranda, are the property of or in the possession of the dealer or another person. The commissioner may require the attendance of any person having knowledge or information that may be relevant, compel the production of books, papers, records, or memoranda by persons required to attend, take testimony on matters material to the determination, and administer oaths or affirmations. The commissioner may issue subpoenas which may be served by authorized agents of the Department of Revenue to compel the attendance of witnesses or the production of documents, books, papers, records, bank records, and any other writing or memoranda. (Acts 1988, 1st Ex. Sess., No. 88-785, p. 218, §14.)