reglab/housing_qa huggingface dataset:
AL Code § 40-15A-5 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 15A - Generation-Skipping Transfer Tax.|Section 40-15A-5 - Duplicate of Federal Returns Filed With Federal Authorities; Computation by Department of Revenue; Disposition of Proceeds.

Section 40-15A-5Duplicate of federal returns filed with federal authorities; computation by Department of Revenue; disposition of proceeds. (a) A duplicate of all the returns filed with the federal authorities in connection with the federal generation-skipping transfer tax shall be filed with the Department of Revenue of the State of Alabama. When such duplicate return is filed with the Department of Revenue, it shall compute the amount of tax that would be due upon said return as federal generation-skipping transfer tax imposed under any federal act permitting credit for a state generation-skipping transfer tax and shall assess against the transfer the amount levied and found to be due under the provisions of such act or acts. If, after the filing of any duplicate returns herein required and the determination of the state generation-skipping transfer tax, the federal authorities shall increase or decrease the amount of the federal generation-skipping transfer tax, an amended return shall be filed with the Department of Revenue, showing all of the changes made in the original return and the amount of final increase or decrease in the federal tax. In the event of an increase in the federal tax, the Department of Revenue shall assess against the transfer the additional amount found to be due hereunder. In the event of a decrease in the federal tax, the state shall refund to the transferor its proportion of said decrease. (b) The tax imposed by this chapter shall be due and payable on or before the time prescribed for filing the return and making payment of the federal generation-skipping transfer tax, and such payment and duplicate return shall be filed and paid with the Department of Revenue by the person who is required to make the return according to regulations prescribed by the Secretary of the Treasury, in accordance with the guidelines of §2662, Internal Revenue Code. (c) All revenues collected under the provisions of this chapter shall be deposited to the State General Fund. (Acts 1988, 1st Ex. Sess., No. 88-837, p. 307, §5.)
AL Code § 40-15A-7 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 15A - Generation-Skipping Transfer Tax.|Section 40-15A-7 - Extenuation of Time for Payment; Payment Demand Not in Excess of Total Tax.

Section 40-15A-7Extenuation of time for payment; payment demand not in excess of total tax. The tax hereby levied being based and conditioned upon the levy of a similar tax by the United States, in the event that after due return filed with the federal authorities and the Department of Revenue, the tax shall not have been arrived at when payment would otherwise become due or delinquent hereunder, then and in such event the time for payment of the tax due hereunder shall, on showing being made to the Department of Revenue, be extended until final agreement, determination or assessment of tax shall have been made by the federal authorities; provided, that the Department of Revenue may demand and require the payment of such amount of the tax as it may determine will not be in excess of the total tax that will be due the State of Alabama under this chapter, as shown by the tax return made, when the final determination of the amount of the assessment shall have been made for federal tax purposes. (Acts 1988, 1st Ex. Sess., No. 88-837, p. 307, §7.)
AL Code § 40-15A-9 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 15A - Generation-Skipping Transfer Tax.|Section 40-15A-9 - Lien of State.

Section 40-15A-9Lien of State. The State of Alabama shall have a lien for all taxes and interest thereon which are or may become due hereunder on all property subject to taxes under this chapter, in whatever form of investment it may happen to be, and all property acquired in substitution therefor. (Acts 1988, 1st Ex. Sess., No. 88-837, p. 307, §9.)
AL Code § 40-15A-13 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 15A - Generation-Skipping Transfer Tax.|Section 40-15A-13 - Administration of Chapter.

Section 40-15A-13Administration of chapter. The administration of this chapter shall be conducted in accordance with Title 40, Chapter 15. The Department of Revenue shall prescribe the forms and reasonable rules of procedure in conformity with this chapter for making returns and for ascertainment, assessment and collection of the taxes imposed hereunder. (Acts 1988, 1st Ex. Sess., No. 88-837, p. 307, §13.)
AL Code § 40-15A-14 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 15A - Generation-Skipping Transfer Tax.|Section 40-15A-14 - Property Outside of State.

Section 40-15A-14Property outside of state. The Department of Revenue is hereby granted authority to issue regulations setting forth how an allocation of the tax imposed by this chapter shall be made in the event property subject to tax hereunder shall also be subject to a generation-skipping transfer tax in another state. (Acts 1988, 1st Ex. Sess., No. 88-837, p. 307, §14.)
AL Code § 40-15B-1 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 15B - Alabama Uniform Estate Tax Apportionment Act.|Section 40-15B-1 - Short Title.

Section 40-15B-1Short title. This chapter may be cited as the Alabama Uniform Estate Tax Apportionment Act. (Act 2007-283, p. 501, §1.)
AL Code § 40-15B-2 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 15B - Alabama Uniform Estate Tax Apportionment Act.|Section 40-15B-2 - Definitions.

Section 40-15B-2Definitions.  In this chapter: (1) "Apportionable estate" means the value of the gross estate as finally determined for purposes of the estate tax to be apportioned reduced by: (A) any claim or expense allowable as a deduction for purposes of the tax;  (B) the value of any interest in property that, for purposes of the tax, qualifies for a marital or charitable deduction or otherwise is deductible or is exempt; and (C) any amount added to the decedent's gross estate because of a gift tax on transfers made before death. (2) "Estate tax" means a federal, state, or foreign tax imposed because of the death of an individual and interest and penalties associated with the tax. The term does not include an inheritance tax, income tax, or generation-skipping transfer tax other than a generation-skipping transfer tax incurred on a direct skip taking effect at death. (3) "Gross estate" means, with respect to an estate tax, all interests in property subject to the tax. (4) "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (5) "Ratable" means apportioned or allocated pro rata according to the relative values of interests to which the term is to be applied. "Ratably" has a corresponding meaning. (6) "Time-limited interest" means an interest in property which terminates on a lapse of time or on the occurrence or nonoccurrence of an event or which is subject to the exercise of discretion that could transfer a beneficial interest to another person. The term does not include a cotenancy unless the cotenancy itself is a time-limited interest. The term also does not include an interest in property to the extent the beneficiary has a right to accelerate, require, or elect to receive a distribution of the property. (7) "Value" means, with respect to an interest in property, fair market value as finally determined for purposes of the estate tax that is to be apportioned, reduced by any outstanding debt secured by the interest without reduction for taxes paid or required to be paid or for any special valuation adjustment. (Act 2007-283, p. 501, §2.)
AL Code § 40-15B-4 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 15B - Alabama Uniform Estate Tax Apportionment Act.|Section 40-15B-4 - Statutory Apportionment of Estate Taxes.

Section 40-15B-4Statutory apportionment of estate taxes.   To the extent that apportionment of an estate tax is not controlled by an instrument described in Section 40-15B-3 and except as otherwise provided in Sections 40-15B-6 and 40-15B-7, the following rules apply: (1) Subject to paragraphs (2), (3), and (4), the estate tax is apportioned ratably to each person that has an interest in the apportionable estate. (2) A generation-skipping transfer tax incurred on a direct skip taking effect at death is charged to the person to whom the interest in property is transferred. (3) If property is included in the decedent's gross estate because of Section 2044 of the Internal Revenue Code of 1986 or any similar estate tax provision, the difference between the total estate tax for which the decedent's estate is liable and the amount of estate tax for which the decedent's estate would have been liable if the property had not been included in the decedent’s gross estate is apportioned ratably among the holders of interests in the property subject to Section 2044 of the Internal Revenue Code of 1986 or any similar estate tax provision. The balance of the tax, if any, is apportioned ratably to each other person having an interest in the apportionable estate. (4) Except as otherwise provided in Section 40-15B-3(b)(4) and except as to property to which Section 40-15B-7 applies, an estate tax apportioned to persons holding interests in property subject to a time-limited interest must be apportioned, without further apportionment, to the principal of that property. (Act 2007-283, p. 501, §4.)
AL Code § 40-15B-5 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 15B - Alabama Uniform Estate Tax Apportionment Act.|Section 40-15B-5 - Credits and Deferrals.

Section 40-15B-5Credits and deferrals. Except as otherwise provided in Sections 40-15B-6 and 40-15B-7, the following rules apply to credits and deferrals of estate taxes: (1) A credit resulting from the payment of gift taxes or from estate taxes paid on property previously taxed inures ratably to the benefit of all persons to which the estate tax is apportioned. (2) A credit for state or foreign estate taxes inures ratably to the benefit of all persons to which the estate tax is apportioned, except that the amount of a credit for a state or foreign tax paid by a beneficiary of the property on which the state or foreign tax was imposed, directly or by a charge against the property, inures to the benefit of the beneficiary. (3) If payment of a portion of an estate tax is deferred because of the inclusion in the gross estate of a particular interest in property, the benefit of the deferral inures ratably to the persons to which the estate tax attributable to the interest is apportioned. The burden of any interest charges incurred on a deferral of taxes and the benefit of any tax deduction associated with the accrual or payment of the interest charge is allocated ratably among the persons receiving an interest in the property. (Act 2007-283, p. 501, §5.)
AL Code § 40-15B-6 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 15B - Alabama Uniform Estate Tax Apportionment Act.|Section 40-15B-6 - Insulated Property: Advancement of Tax.

Section 40-15B-6Insulated property: advancement of tax.  (a) In this section: (1) "Advanced fraction" means a fraction that has as its numerator the amount of the advanced tax and as its denominator the value of the interests in insulated property to which that tax is attributable. (2) "Advanced tax" means the aggregate amount of estate tax attributable to interests in insulated property which is required to be advanced by uninsulated holders under subsection (c). (3) "Insulated property" means property subject to a time-limited interest which is included in the apportionable estate but is unavailable for payment of an estate tax because of impossibility or impracticability. (4) "Uninsulated holder" means a person who has an interest in uninsulated property.  (5) "Uninsulated property" means property included in the apportionable estate other than insulated property. (b) If an estate tax is to be advanced pursuant to subsection (c) by persons holding interests in uninsulated property subject to a time-limited interest other than property to which Section 40-15B-7 applies, the tax must be advanced, without further apportionment, from the principal of the uninsulated property. (c) Subject to Section 40-15B-9(b) and (d), an estate tax attributable to interests in insulated property must be advanced ratably by uninsulated holders. If the value of an interest in uninsulated property is less than the amount of estate taxes otherwise required to be advanced by the holder of that interest, the deficiency must be advanced ratably by the persons holding interests in properties that are excluded from the apportionable estate under Section 40-15B-2(1)(B) as if those interests were in uninsulated property. (d) A court having jurisdiction to determine the apportionment of an estate tax may require a beneficiary of an interest in insulated property to pay all or part of the estate tax otherwise apportioned to the interest if the court finds that it would be substantially more equitable for that beneficiary to bear the tax liability personally than for that part of the tax to be advanced by uninsulated holders. (e) When a distribution of insulated property is made, each uninsulated holder may recover from the distributee a ratable portion of the advanced fraction of the property distributed. To the extent that undistributed insulated property ceases to be insulated, each uninsulated holder may recover from the property a ratable portion of the advanced fraction of the total undistributed property. (f) Upon a distribution of insulated property for which, pursuant to subsection (e), the distributee becomes obligated to make a payment to uninsulated holders, a court may award an uninsulated holder a recordable lien on the distributee's property to secure the distributee's obligation to that uninsulated holder. (Act 2007-283, p. 501, §6.)
AL Code § 40-15B-7 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 15B - Alabama Uniform Estate Tax Apportionment Act.|Section 40-15B-7 - Apportionment and Recapture of Special Elective Benefits.

Section 40-15B-7Apportionment and recapture of special elective benefits.  (a) In this section: (1) "Special elective benefit" means a reduction in an estate tax obtained by an election for: (A) a reduced valuation of specified property that is included in the gross estate; (B) a deduction from the gross estate, other than a marital or charitable deduction, allowed for specified property; or  (C) an exclusion from the gross estate of specified property. (2) "Specified property" means property for which an election has been made for a special elective benefit. (b) If an election is made for one or more special elective benefits, an initial apportionment of a hypothetical estate tax must be computed as if no election for any of those benefits had been made. The aggregate reduction in estate tax resulting from all elections made must be allocated among holders of interests in the specified property in the proportion that the amount of deduction, reduced valuation, or exclusion attributable to each holder's interest bears to the aggregate amount of deductions, reduced valuations, and exclusions obtained by the decedent's estate from the elections. If the estate tax initially apportioned to the holder of an interest in specified property is reduced to zero, any excess amount of reduction reduces ratably the estate tax apportioned to other persons that receive interests in the apportionable estate. (c) An additional estate tax imposed to recapture all or part of a special elective benefit must be charged to the persons that are liable for the additional tax under the law providing for the recapture. (Act 2007-283, p. 501, §7.)
AL Code § 40-15B-8 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 15B - Alabama Uniform Estate Tax Apportionment Act.|Section 40-15B-8 - Securing Payment of Estate Tax From Property in Possession of Fiduciary.

Section 40-15B-8Securing payment of estate tax from property in possession of fiduciary.   (a) A fiduciary may defer a distribution of property until the fiduciary is satisfied that adequate provision for payment of the estate tax has been made. (b) A fiduciary may withhold from a distributee an amount equal to the amount of estate tax apportioned to an interest of the distributee. (c) As a condition to a distribution, a fiduciary may require the distributee to provide a bond or other security for the portion of the estate tax apportioned to the distributee. (Act 2007-283, p. 501, §8.)
AL Code § 40-15B-9 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 15B - Alabama Uniform Estate Tax Apportionment Act.|Section 40-15B-9 - Collection of Estate Tax by Fiduciary.

Section 40-15B-9Collection of estate tax by fiduciary. (a) A fiduciary responsible for payment of an estate tax may collect from any person the tax apportioned to and the tax required to be advanced by the person. (b) Except as otherwise provided in Section 40-15B-6, any estate tax due from a person that cannot be collected from the person may be collected by the fiduciary from other persons in the following order of priority: (1) any person having an interest in the apportionable estate which is not exonerated from the tax; (2) any other person having an interest in the apportionable estate; (3) any person having an interest in the gross estate. (c) A domiciliary fiduciary may recover from an ancillary personal representative the estate tax apportioned to the property controlled by the ancillary personal representative. (d) The total tax collected from a person pursuant to this chapter may not exceed the value of the person's interest. (Act 2007-283, p. 501, §9.)
AL Code § 40-15B-10 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 15B - Alabama Uniform Estate Tax Apportionment Act.|Section 40-15B-10 - Right of Reimbursement.

Section 40-15B-10Right of reimbursement.  (a) A person required under Section 40-15B-9 to pay an estate tax greater than the amount due from the person under Section 40-15B-3 or 40-15B-4 has a right to reimbursement from another person to the extent that the other person has not paid the tax required by Section 40-15B-3 or 40-15B-4 and a right to reimbursement ratably from other persons to the extent that each has not contributed a portion of the amount collected under Section 40-15B-9(b). The right to reimbursement includes the right to receive interest on the amount of the estate tax payment from the date of the payment to the date of reimbursement at the interest rate that would be charged during such period on an estate tax deficiency by the taxing authority that imposed the estate tax. The right of reimbursement also includes the reasonable costs of collection including attorney's fees. (b) A fiduciary may enforce the right to reimbursement under subsection (a) on behalf of the person that is entitled to the reimbursement and shall take reasonable steps to do so if requested by the person. (Act 2007-283, p. 501, §10.)
AL Code § 40-15B-11 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 15B - Alabama Uniform Estate Tax Apportionment Act.|Section 40-15B-11 - Action to Determine or Enforce Act.

Section 40-15B-11Action to determine or enforce act. A fiduciary, transferee, or beneficiary of the gross estate may maintain an action for declaratory judgment to have a court determine and enforce this chapter. In the case of an estate that is being administered in a probate court that has equity powers, the fiduciary, transferee, or beneficiary may maintain such action in such probate court which shall have jurisdiction over such actions concurrent with the circuit court. In all other cases, the circuit court shall have exclusive jurisdiction. (Act 2007-283, p. 501, §11.)
AL Code § 40-15B-12 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 15B - Alabama Uniform Estate Tax Apportionment Act.|Section 40-15B-12 - Uniformity of Application and Construction.

Section 40-15B-12Uniformity of application and construction.  In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (Act 2007-283, p. 501, §12.)
AL Code § 40-15B-13 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 15B - Alabama Uniform Estate Tax Apportionment Act.|Section 40-15B-13 - Applicability of Chapter.

Section 40-15B-13Applicability of chapter.  (a) Sections 40-15B-1 to 40-15B-12, inclusive, of this chapter do not apply with respect to a decedent who dies before January 1, 2008, nor with respect to a decedent who dies after December 31, 2007, if the decedent continuously lacked testamentary capacity from January 1, 2008, until the date of death. (b) Notwithstanding the preceding, Sections 40-15B-1 to 40-15B-12, inclusive, of this chapter shall apply with respect to a decedent to whom the provisions would not otherwise apply if the decedent expressly and unambiguously directs that the provisions shall apply to such decedent. (Act 2007-283, p. 501, §14.)
AL Code § 40-16-1.1 (2021)
2021 Code of Alabama|Title 40 - Revenue and Taxation.|Chapter 16 - Financial Institution Excise Tax.|Section 40-16-1.1 - Taxation of Trust as Financial Institution.

Section 40-16-1.1Taxation of trust as financial institution.  (a) For purposes of this section, "trust" shall have the same meaning given to it in Section 40-18-1. (b) Any trust which would be subject to tax under Chapter 18 but which also is a financial institution shall be taxed as a financial institution under this chapter, applying the applicable provisions of subsections (a), (b), (d), (e), (f), (h), and (i) of Section 40-18-25. Such a trust shall utilize the allocation and apportionment rules found in this chapter. (c) If a person is treated as the owner of any portion of a trust pursuant to 26 U.S.C. §§ 671-679, relating to grantor trusts, and if such person is a financial institution, the person shall take into account the income, deductions, and credits of such trust as provided in 26 U.S.C. in computing its net income under this chapter. Such person also may deduct the administrative and other expenses of the portion of the trust which it is treated as owning. (Act 2006-114, §3.)