reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-174 - TAX IMPOSED ON CERTAIN BUILT-IN GAINS › Section 810-3-174-.02 - Built-in Gains Tax

Current through Register Vol. 42, No. 9, June 28, 2024
(1) For
			 purposes of this rule, the following definitions shall apply:
(a) "Net unrealized built-in gain" means the
			 excess of the fair market value of the S corporation's assets when it first
			 became an S corporation over the aggregate adjusted basis of those assets at
			 the same time.
(b)
1. "Net recognized built-in gain" means, with
			 respect to any taxable year, the lesser of:
(i) The amount which would be taxable income
			 of the Alabama S corporation if only recognized built-in gains and losses were
			 taken into account, or
(ii) The S
			 corporation's taxable income determined without regard to the dividends
			 received deduction under Section
			 40-18-35(a)(14),
Code of Ala. 1975
, and the net operating loss
			 deduction under Section
			 40-18-35.1,
Code of Ala. 1975
.
2. For any taxable year, any excess of the
			 amount in paragraph (b)(i) over the amount in (b)(ii) is carried forward to the
			 next taxable year.
(c)
			 "Recognized built-in gain" means any gain recognized during the recognition
			 period on the disposition of any asset except for assets not held by the S
			 corporation on the first day of the first S year and for assets on which the
			 gain is attributable to appreciation that occurred after the corporation became
			 an S corporation.
(d) "Recognized
			 built-in loss" means any loss during the recognition period on the disposition
			 of any asset except for assets not held on the first day of the first S year
			 and for assets on which the loss is attributable to depreciation that occurred
			 after the corporation became an S corporation.
(e) "Recognition period" means a ten-year
			 period beginning with the first day of the S corporation's first tax
			 year.
(f) The "first taxable year
			 for which the corporation was an Alabama S corporation" means the first taxable
			 year for which the corporation most recently became an Alabama S
			 corporation.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-175 - PASSIVE INVESTMENT INCOME TAX › Section 810-3-175-.01 - Passive Investment Income Tax

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Definitions -
(a) "Passive investment income" means gross
			 receipts from royalties, rents, dividends, interest (excluding installment
			 sales to customers and income of lending and financing companies), annuities,
			 and sales or exchanges of stock or securities to the extent of any gains
			 therefrom.
1. For any tax year in the
			 recognition period, passive investment income shall not include any recognized
			 built-in gain or loss. See Section
			 40-18-174,
Code of Ala. 1975
.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-176 - COMPOSITE RETURNS › Section 810-3-176-.01 - Composite Returns Of Alabama S Corporations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Definitions:
(a) A "composite return" means an information
			 return similar to the federal Schedule K-l which contains information
			 concerning one or more nonresident shareholder's distributive share of income,
			 deductions, and losses.
(b) A
			 "composite payment" means a payment of estimated individual income tax by the
			 Alabama S corporation on behalf of the nonresident shareholders described in
			 the accompanying composite return. The payment shall be considered a loan from
			 the corporation to the shareholder, payable on demand, bearing interest from
			 the date of the loan to the date of its payment, at the minimum applicable
			 federal rate with respect to demand instruments, as provided under  26 U.S.C. §
										7872.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-200 - Income Tax Forms Appendix I › Section 810-3-200-.14 - Application for Refund of Income Tax Paid through Mistake or Error to State Department of Revenue (Form IT:RE-2WH) (Withholding Tax)

Current through Register Vol. 42, No. 9, June 28, 2024
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-200 - Income Tax Forms Appendix I › Section 810-3-200-.19 - Notice to Claimants regarding ? 13A-9-3 of the Code of Ala. 1975, and the Forgery Affidavit

Current through Register Vol. 42, No. 9, June 28, 2024
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-200 - Income Tax Forms Appendix I › Section 810-3-200-.20 - Net Operating Loss - Questionnaire to Determine NOL Allowable to Each Spouse when a Joint Return was Filed in the Loss Year (Form IT:486)

Current through Register Vol. 42, No. 9, June 28, 2024
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-200 - Income Tax Forms Appendix I › Section 810-3-200-.25 - Application for Refund of Income Tax (Amended) Paid through Error - Used with Forms 40, 40A, 40B, 40S or Fiduciary Form 41 (Form IT:RE-1)

Current through Register Vol. 42, No. 9, June 28, 2024
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-200 - Income Tax Forms Appendix I › Section 810-3-200-.37 - Schedules A, B, and CR to Form 40 (Itemized Deductions, Interest and Dividend Income, Credit for Taxes Paid to Other States)

Current through Register Vol. 42, No. 9, June 28, 2024
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-200 - Income Tax Forms Appendix I › Section 810-3-200-.38 - Schedules D, E, and MR to Form 40 Profit from Sale of Real Estate, Stocks, Bonds, etc. (D); Pension and Annuity Income, Rents and Royalties (E); Military Retirement Income and Exclusion (MR)

Current through Register Vol. 42, No. 9, June 28, 2024
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-200 - Income Tax Forms Appendix I › Section 810-3-200-.56 - Assessment of Income Tax and Notice Thereof (on signed return) (Dishonored Check, addition of Estimates and Delinquent Penalties) (Form WP102-45)

Current through Register Vol. 42, No. 9, June 28, 2024
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-200 - Income Tax Forms Appendix I › Section 810-3-200-.80 - Instruction for Preparing Alabama Estate Tax Waivers (Form Estate 5)810-3-200-81 Agreement of Nonresident an Installment Obligation (Form)

Current through Register Vol. 42, No. 9, June 28, 2024
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-1 - AD VALOREM TAX › Section 810-4-1-.01 - Current Use Valuation-Departmental Regulations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Purpose - This rule is issued pursuant to
			 authority contained in
Code of Ala. 1975
, §
								40-7-25.1,
			 40-7-25.2 and
			 40-7-25.3 relating to current use value of eligible Class III property. This rule is
			 issued for the purpose of establishing the method and procedures of determining
			 current use valuation of single-family owner-occupied dwelling and historical
			 buildings and sites.
(2)
			 Application - Application for current use valuation of Class III property must
			 be filed with the county assessing official on or before January 1 in any
			 taxable year.
If an application is for property consisting of five acres or
				less, the tax assessing official may require the submission of additional data
				as necessary to verify the use of the property.
The additional data may include site management plans from the
				Alabama Forestry Commission, photographs and surveys or verification from the
				county farm agent or United States Soil Conservation Service. If the current
				use is granted upon application, the owners of such property shall not be
				required to file subsequent application for the applicable property. New owners
				of eligible Class III property must file a timely request for current use value
				in order to be entitled to current use valuation.
(3) Methods and procedures for determining
			 current use valuation:
(a) Residential
			 property - The following procedures will be used by the county assessing
			 official in determining the current use valuation of the following property,
			 where a timely request has been filed:
1.
			 Comparative fair and reasonable market value will be used for single-family
			 owner-occupied dwelling where such property's location makes its "highest and
			 best use" something other than residential property (e.g. commercial or
			 industrial).
2. The land will be
			 valued according to comparable residential land value of property, excluding
			 that part of its value which is attributable to its possible use other than
			 owner-occupied dwelling. Improvement will be valued as residential
			 improvement.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-1 - AD VALOREM TAX › Section 810-4-1.01.01 - Current Use Valuation Of Class III Agricultural And Forest Properties

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Derrick Coleman
Statutory Authority:
Code of Ala.
				  1975
, §§
										40-2A-7(a)(5),
				  40-7-25.01.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-1 - AD VALOREM TAX › Section 810-4-1-.02 - Implementation Plan For Annual Equalization

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Purpose - This rule is issued pursuant to
			 the authority contained in §§
								40-7-64 and
			 40-2-11,
Code of Ala. 1975
, for the purpose of establishing
			 guidelines, procedures, and a definite schedule for the annual equalization of
			 real property values for ad valorem tax purposes.
(2) Procedures - All property values will be
			 adjusted on an annual basis to reflect current market value as of October 1st
			 of each year, as prescribed in Addendum 0 (Annual Equalization Procedures) of
			 the Property Tax Plan for Equalization (ADV-1), as it may be amended from time
			 to time.
Author:
Derrick Coleman
Statutory Authority:
Code of Ala.
				  1975
, §§
										40-2A-7(a)(5),
				  40-2-11,
				  40-7-64,
				  40-11-1.5.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-1 - AD VALOREM TAX › Section 810-4-1-.04 - Valuation And Assessment Of Personal Property

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Property Tax Division of the
			 Department of Revenue has established the following procedures for determining
			 the market value and the assessed value of tangible personal property. In order
			 to achieve uniformity throughout the State of Alabama in arriving at the market
			 and assessed value, these procedures must be followed.
(a) The market value of all tangible personal
			 property will be determined by using the procedures set forth in the Alabama
			 Personal Property Appraisal Manual, as it may be amended from time to
			 time.
(b) Tangible personal
			 property falls into Class II property as defined in §
									40-21-1,
Code of Ala.
			 1975
, and is therefore assessed at 20% of its market
			 value.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-1 - AD VALOREM TAX › Section 810-4-1-.05 - Procedures For Payment Of Ad Valorem Tax Using The Fleet Online Registration And Tax (FORT) System

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Effective January 1, 2022, fleet operators may electronically register and
			 remit payment of ad valorem taxes levied under Chapter 8 of Title 40,
Code of Ala. 1975
, for the initial registration, and
			 subsequent renewal of a fleet vehicle, required by §
								40-12-253,
Code of Ala.1975
through the Fleet Online Registration
			 and Tax (FORT) system.
(2) Fleet
			 operators are not required to use the FORT system. However, a fleet operator
			 that elects to utilize the FORT system must comply with Article 5 of Chapter 12
			 of Title 40,
Code of Ala. 1975
, and the rules
			 promulgated by the department.
(3)
			 All penalties and interest assessed according to state law for failure to
			 properly and timely register a motor vehicle or for payment of such taxes and
			 fees applies to a fleet vehicle registration or renewal processed through the
			 FORT system.
(4) All credit voucher
			 transactions will be handled at the county level and not processed through the
			 FORT system.
(5) Fleet vehicles
			 will be registered using the address where the fleet vehicle is based. Ad
			 valorem taxes and state registration fees will be collected based upon the tax
			 jurisdiction where the vehicle is based.
(a) A
			 fleet vehicle is based where a vehicle is most frequently dispatched, garaged,
			 serviced, maintained, operated, or otherwise controlled, and from which it
			 ordinarily departs and to which it ordinarily returns.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-1 - AD VALOREM TAX › Section 810-4-1-.06 - Revaluation Program-Valuation Of Metal Buildings

Current through Register Vol. 42, No. 9, June 28, 2024
(Repealed).
Author:
Monica Mason
Statutory Authority:
Code of Ala.
				  1975
, §§
										40-7-61,
				  40-7-64.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-1 - AD VALOREM TAX › Section 810-4-1-.07 - Motor Bus Passenger Carrier Vehicles (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Shelley Tice
Statutory Authority:
Code of Ala.
				  1975
, §
										40-2A-7(a)(5),
				  Act 2006-632.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-1 - AD VALOREM TAX › Section 810-4-1-.09 - Valuation Of Aircraft

Current through Register Vol. 42, No. 9, June 28, 2024
(1) To
			 ensure the equitable taxation of aircraft in the State of Alabama, the
			 following procedures shall be used for valuing aircraft as of October 1 of each
			 tax year:
(a) Pursuant to §
									40-11-6, the
			 department shall value and assess all taxable airplanes, airships, and other
			 aircrafts in accordance with §
									40-11-1,
Code of Ala.
			 1975
.
(b) Owners of
			 taxable aircraft based in Alabama shall submit an aircraft return form
			 (ADV-ACR45) to the department either by mail or electronically through the
			 Optional Personal Property Assessment Link (OPPAL), between October 1 and
			 December 31 annually. Aircraft are considered based at the location where they
			 normally depart from and return to, whether the aircraft is in Alabama on the
			 lien date or not.
(c) The
			 department shall use the valuation guidelines below each year in the appraisal
			 of aircraft for the purpose of assessing aircraft for ad valorem
			 taxation.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-1 - AD VALOREM TAX › Section 810-4-1-.10 - Exemption Of Household Furniture, Appliances, Other Personal Property When Owned By An Individual For Personal Use In The Home

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Purpose - This rule is issued for the
			 purpose of defining the property exempted by the personal use exemptions for
			 the home contained in
Code of Ala. 1975
, §§
								40-9-1(11) and
			 40-9-1(18).
(2) For the purpose of this rule, the
			 definition of household goods shall be:
(a)
			 Household Goods - furnishings, appliances, utensils, and other tangible
			 personal property used in or around a residence by the owner and their guests
			 and not used for business purposes.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-1 - AD VALOREM TAX › Section 810-4-1-.11 - Implementation of Senior Discount in Baldwin County, Alabama. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Will Martin, Property Tax
				  Division
Statutory Authority:
Code of Ala.
				  1975
, §§
										40-2A-7(a)(5),
				  40-2-11.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-1 - AD VALOREM TAX › Section 810-4-1-.12 - Requirements For Reporting And Assessing Business Personal Property

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Purpose - To
			 establish guidelines and procedures for reporting and assessing business
			 personal property pursuant to Section
			 40-7-14,
Code of Ala. 1975
.
(2) Every individual, firm or corporation
			 owning business personal property in Alabama on October 1 of each year must
			 provide a complete itemized listing of all such property to the local assessing
			 official in the taxing jurisdiction in which the property is located. This list
			 must be submitted between October 1 and December 31 of each year. The list must
			 include a description of the property along with its acquisition date and
			 acquisition cost.
(3) A copy of the
			 depreciation schedule utilized in preparing the taxpayer's Alabama or federal
			 income tax return listing the property owned by the taxpayer at the close of
			 the fiscal year next preceding October 1 of the year for which the assessment
			 is to be made may be accepted as a listing of the taxpayer's business personal
			 property. The depreciation schedule must include each property's acquisition
			 date and cost as well as all property whose depreciated value is zero, but
			 which is still owned by the taxpayer on October 1 of the year for which the
			 assessment is made. The depreciation schedule must be adjusted for additions
			 and deletions so that it will contain property owned by the business on the
			 October 1 lien date.
(4) Property
			 grouped on the depreciation schedule in categories, such as furniture and
			 fixtures, office equipment, machinery and equipment, etc., must be itemized so
			 as to conform with the requirements of paragraph 3 hereof.
(5) Assets which are expensed rather than
			 capitalized for income tax purposes and are not included on the depreciation
			 schedule must be added to the taxpayer's listing of personal property so that
			 all personal property owned by the taxpayer on the October 1 lien date is
			 reported.
(6) Nothing in this rule
			 shall affect the reporting and assessing of manufactured homes as provided in
			 Section
			 40-11-1(c)(2),
Code of Ala. 1975
, nor the reporting and assessing of
			 that property as provided in Article 1, Chapter 21, Title 40,
Code
			 of Ala. 1975
, nor the reporting and assessing of that property as
			 provided in Article 5, Chapter 12, Title 40,
Code of Ala.
			 1975
.
Author:
Will Martin, Property Tax
				Division
Statutory Authority:
Code of Ala.
				  1975
, §§
										40-2A-7(a)(5),
				  40-2-11.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-1 - AD VALOREM TAX › Section 810-4-1-.13 - Exemption Of Personal Property Associated With Farms Or Farming Operations

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Purpose - This rule is issued for the purpose of defining the property exempted
			 by farm property exemptions contained in Sections
			 40-9-1(11) and
			 40-9-1(22),
Code of Ala. 1975
.
(2) Definitions - For the purpose of this
			 rule, the definition of farm tractor, farming implement, and farm tool shall
			 be:
(a) Farm Tractor - includes every motor
			 vehicle designed and used primarily as a farm implement, for drawing plows,
			 mowing machines and other implements of husbandry.
(b) Farm Implement - an instrument or device
			 drawn by a farm tractor, designed and used exclusively in connection with
			 agricultural and forest property as defined in Section
			 40-8-1(b)(3) in the planting, growing, and harvesting of crops or timber and all other
			 agricultural, horticultural or animal husbandry uses. As directed in Attorney
			 General Opinion 92 - 00093, the term "farm implement" shall include any
			 aircraft and the related equipment used exclusively to dust crops.
(c) Farm Tool - includes all tools used by
			 the owner exclusively for the maintenance and repair of the owner's farm
			 tractors and farming implements.
(d) Agricultural Property - real property
			 used for raising and harvesting of crops, or for the feeding, breeding,
			 management, and raising of livestock, including beef cattle, sheep, swine,
			 horses, ponies, mules, poultry, fur bearing animals, honeybees and fish; for
			 dairying; or for any other agricultural, horticultural, aquaculture or animal
			 husbandry use, or any combination thereof.
(e) Forest Property - real property used for
			 the planting, growing and harvesting of timber.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-1 - AD VALOREM TAX › Section 810-4-1-.14 - Exemption Of $40,000 In Market Value For Tangible Personal Property

Current through Register Vol. 42, No. 9, June 28, 2024
Pursuant to §
								40-9-1,
Code of Ala.
				1975
, the tangible personal property owned by a business and
				reported in accordance with Article 1 of Chapter 7, Title 40, to the extent of
				forty thousand dollars ($40,000) in market value, is exempt from the
				state-levied ad valorem tax.
(1) The
			 exemption provided may be applied to an account in which owners of tangible
			 business personal property are required to file form ADV-40 with the county tax
			 assessing official, in accordance with administrative rule
			 810-4-1-.12.
(2)
Adoption and Discontinuance
			 Requirements for Counties and Municipalities
.
(a) A county or municipality may likewise
			 choose to exempt to the extent of $40,000 in market value of its tax levy on
			 tangible business personal property by resolution or ordinance. The ordinance
			 or resolution must be adopted at least 90 days prior to October 1, for taxes
			 that become due and payable on October 1 of the immediately following
			 year.
(b) A county or municipality
			 that previously authorized the exemption to the extent of $40,000 in market
			 value of its levy on tangible personal property may choose to discontinue the
			 exemption in a subsequent year by adopting a resolution or ordinance at least
			 90 days prior to October 1, for taxes that become due and payable on October 1
			 of the immediately following year.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-1 - AD VALOREM TAX › Section 810-4-1-.15 - Distinction Between Flowlines, Gathering Lines And Pipelines For Assessment Of Business Personal Property Of The Oil And Gas Industry

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Purpose: To establish guidelines and
			 procedures for reporting and assessing business personal property used in the
			 oil and gas industry.
(2)
			 Flowlines: In small oil or gas fields, flowlines typically serve one wellhead.
			 Flowlines carry the fluids or gas from the wellhead to and in-between
			 individual vessels in separation, treating, heating, dehydrating, compression,
			 pumping or other processing equipment generally located at or near the well
			 site. In multiple well fields producers more commonly lay flowlines from
			 individual wells to a central facility to perform future production
			 processes.
(3) Gathering lines:
			 Gathering lines can and do perform some of the same functions as flowlines, the
			 principal difference being that flowlines are a network of lines tied to
			 individual wells or equipment which move wellhead fluids or gas to the first
			 point of accumulation of the same lines from like wells or equipment. Gathering
			 lines are tied to the flowlines through an intermediary manifold and are the
			 next segment of the gathering system. If separation, treating, heating,
			 dehydrating, compression, pumping or other processing has not occurred along
			 the flowline before the fluid or gas is gathered, then the gathering lines will
			 transport the fluids or gases through a processing point such as a central
			 facility. After the oil or gas is processed through the central facility, it
			 must be moved to a point where it can be sold and/or access a common carrier
			 pipeline.
(4) Common Carrier
			 Pipeline: A pipeline operated for the purpose of transporting a product from a
			 producer to a user, refiner, purchaser or other owner, usually for a fee or
			 tariff.
(5) For the purposes of ad
			 valorem taxation, flowlines and gathering lines owned and controlled by the
			 owner or owners of the wells are to be locally assessed as Class II business
			 personal property in a like manner as other production equipment located at the
			 well.
(6) Gathering lines which
			 transport oil or gas of persons other than the owners of the wells for either a
			 fee or tariff shall be considered common carriers and will be centrally
			 assessed by the State Revenue Department as Class I pipeline
			 property.
(7) All common carrier
			 pipelines will be assessed by the State Revenue Department as Class I utility
			 pipelines.
Author:
Will Martin
Statutory Authority:
Code of Ala.
				  1975
,
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-1 - AD VALOREM TAX › Section 810-4-1-.16 - Commercial Mobile, Portable, And Permanent Modular Units

Current through Register Vol. 42, No. 9, June 28, 2024
(1) PURPOSE - This rule is issued pursuant to
			 authority contained in Section
			 40-7-64,
Code of Ala. 1975
, for the purpose of establishing
			 guidelines and procedures for the uniform assessment of Commercial Mobile,
			 Portable, and Modular Units.
(2)
			 DEFINITIONS - For the purpose of this rule, the definition of a Commercial
			 Mobile, Portable, and Modular unit shall be:
(a) Commercial Mobile Unit - A structure,
			 transportable in one or more sections, which is built on steel frames and is
			 mounted on axles and wheels for the purpose of transporting the unit to and
			 from temporary locations. It is designed specifically for use as a temporary
			 place of business, storage, or other commercial purpose, by the owner, lessee,
			 or assigns, and may consist of one or more units that can be attached or joined
			 together.
(b) Commercial Portable
			 Unit - A factory fabricated transportable building typically built on a wooden
			 frame with either an aluminum or wood exterior and mounted on a skid foundation
			 for ease of loading and unloading. It may however be constructed of a superior
			 quality material such as re-enforced concrete and attached at the site to a
			 poured foundation. It is transported by use of some other motorized vehicle or
			 trailer.
It is designed for use as a place of business, storage, or
				other commercial purpose, by the owner, lessee, or assigns, and may consist of
				one or more units that can be attached or joined together.
(c) Commercial Modular Unit - A factory
			 fabricated transportable building consisting of units typically built on wooden
			 frames. It is designed to be incorporated at a building site on a permanent
			 foundation into a permanent structure to be used for business purposes and
			 which bears a seal of compliance with rules of the Alabama Manufactured Housing
			 Commission.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-1 - AD VALOREM TAX › Section 810-4-1-.17 - Assessment Procedures For The Valuation Of Public Utility And Railroad Property In The State Of Alabama

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
PURPOSE
- This rule is issued pursuant to authority
			 contained in §
								40-21-1 through
			 40-21-34,
Code of Ala. 1975
, for the purpose of establishing
			 guidelines and procedures for assessing and allocating public utility and
			 railroad property for ad valorem tax purposes in Alabama.
(2)
DEFINITIONS
-
			 For purposes of this rule the meaning of the following terms shall be:
(a)
Fair market
			 value
. The most probable price which a property should bring in a
			 competitive and open market under all conditions requisite to a fair sale, the
			 buyer and seller each acting prudently, and knowledgeably, and assuming the
			 price is not affected by undue stimulus.
(b)
Gross
			 investment
. The total un-depreciated capitalized expense incurred
			 to invest in tangible and intangible assets.
(c)
Public utility and railroad
			 companies
. All companies described under §
									40-21-1.
(d)
Unitary
			 appraisal
. An appraisal of the total operating company's
			 capitalized tangible and intangible assets.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-1 - AD VALOREM TAX › Section 810-4-1-.21 - Implementation Of Senior Property Tax Appraisal In Baldwin County, Alabama

Current through Register Vol. 42, No. 9, June 28, 2024
(1) PURPOSE - This
			 rule is issued pursuant to authority contained in Section
			 40-7-49,
Code of Ala. 1975
, for the purpose of establishing
			 guidelines and procedures for the uniform implementation of senior property tax
			 appraisal for ad valorem taxes in Baldwin County, Alabama.
(2) DEFINITIONS - For the purpose of this
			 rule, the following terms shall have the meanings ascribed herein:
(a) Qualified taxpayer - a person age 65 or
			 older as of the October 1 lien date for which he or she claims the senior
			 property tax appraisal and who has maintained any property in the county as his
			 or her principal place of residence for at least 10 years prior to the year for
			 which he or she is claiming the senior property tax appraisal.
(b) Senior property tax appraisal - freezes
			 the assessed value of the property for the year prior to claiming the senior
			 tax appraisal.
(c) Principal place
			 of residence - Class III real property, to include land, residential dwelling,
			 and curtilage, used by the owner as his or her single-family owner-occupied
			 residence.
(d) Additions to
			 property - shall include any additional square footage added to the principle
			 residence as well as any detached structure including, but not limited to,
			 garages, storage building, pools, tennis courts and workshops.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-1 - AD VALOREM TAX › Section 810-4-1-.22 - Assessment Of Tangible Personal Property Held Under Lease Or Conditional Sales

Current through Register Vol. 42, No. 9, June 28, 2024
(1) PURPOSE -
			 This regulation is issued pursuant to authority contained in Section
			 40-7-49,
Code of Ala. 1975
, for the purpose of establishing
			 guidelines and procedures for the uniform assessment of tangible personal
			 property subject to a capital lease, an operating lease or a conditional sales
			 contract.
(2) DEFINITIONS - For the
			 purpose of this regulation, the definition of a capital lease, an operating
			 lease, and a conditional sales contract shall be:
(a) Capital Lease - A lease which transfers
			 substantially all of the benefits and risks inherent in the ownership of the
			 property to the lessee, who accounts for the lease as an acquisition of an
			 asset and the incurrence of a liability. A lease that meets one or more of the
			 following criteria shall be classified as a capital lease;
1. The lease transfers ownership of the
			 leased property to the lessee at any point during or after the lease
			 term.
2. The lease contains an
			 option allowing the lessee to purchase the leased property by the end of the
			 lease term at a bargain purchase option.
3. The lease term exceeds 75 percent of the
			 estimated economic useful life of the leased property.
4. The lease value exceeds 90 percent of the
			 fair market value of the leased property at the beginning of the
			 lease.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-1 - AD VALOREM TAX › Section 810-4-1-.23 - Homestead And Principal Residence Exemptions From Property Tax

Current through Register Vol. 42, No. 9, June 28, 2024
(1) PURPOSE - This
			 rule is issued pursuant to authority contained in Section
			 40-9-19,
			 40-9-21 and
			 40-9-21.1
Code of Ala. 1975
, and Act 2013-295 for the purpose of
			 establishing guidelines and procedures for the uniform implementation of
			 exemption from property tax on homestead and principal residence
			 property.
(2) DEFINITIONS - For the
			 purpose of this rule, the following terms shall have the following meanings:
(a) Homestead - A single family, owner
			 occupied residential dwelling and the land thereto, not exceeding 160 acres.
			 For the purpose of this rule the terms homestead and principle residence have
			 the same meaning.
(b) Principal
			 Residence - Class III real property, to include land, residential dwelling, and
			 curtilage, used by the owner as his or her single-family owner-occupied
			 residence and 160 acres thereto. For the purpose of this rule the terms
			 homestead and principle residence have the same meaning.
(c) Retired - Any individual who has worked
			 full time for an extended period, who is not now working due to being totally
			 and permanently disabled.
(d) Form
			 PT-PA-1 - This is a Physician's Affidavit of Permanent and Total Disability
			 that must be used when claiming a homestead or principal residence exemption
			 base of permanent and total disability when the person claiming the exemption
			 is not receiving a pension or annuity due to disability.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-1 - AD VALOREM TAX › Section 810-4-1-.24 - Excess Funds Procedures for Tax Sales Occurring on or after August 1, 2013 and prior to July 1, 2014

Current through Register Vol. 42, No. 9, June 28, 2024
(1)PURPOSE - This rule is issued pursuant to
			 the authority contained in Sections
			 40-2-11 and
			 40-10-28,
			 Code of Ala. 1975, for the purpose of establishing guidelines and procedures
			 for the uniform processing of excess funds from the sale of tax delinquent
			 property.
(2)DEFINITIONS - For the
			 purpose of this rule, the following terms shall have the following meanings:
(a)Administrative Redemption - a redemption
			 of tax sale property within the three years of the date of the tax
			 sale.
(b)Certificate of Pending
			 Redemption - Issued by the County Redemption Official to the person or entity
			 redeeming the real estate to certify that a tax sale redemption has been
			 processed.
(c)County Redemption
			 Official - The county official charged with the responsibility of processing
			 the redemption of tax sale property.
(d)Decree of Sale - taxes, costs, interest,
			 and fees associated with a tax sale.
(e)Excess Funds - The funds arising from the
			 tax sale of any real estate remaining after paying the amount of the decree of
			 sale, including costs and expenses subsequently accruing.
(f)Excess Funds Voucher - Issued by the
			 County Commission to the person or entity that has totally redeemed or
			 partially redeemed the property as certified by the Certificate of Pending
			 Redemption. For a total redemption the voucher is in lieu of the amount equal
			 to the excess bid and for a partial redemption the voucher is in lieu of the
			 percentage of the excess funds equal to the percentage of the property being
			 redeemed.
(g)Proper Redemption -
			 An administrative redemption within the three year redemption period or a
			 judicial redemption within the ten year period.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-1 - AD VALOREM TAX › Section 810-4-1-.25 - Implementation Of Optional Two-Year Motor Vehicle Registration Renewal

Current through Register Vol. 42, No. 9, June 28, 2024
(1) PURPOSE - This
			 rule is issued pursuant to authority contained in Section
			 40-7-49,
			 Code of Ala. 1975, for the purpose of establishing guidelines and procedures
			 for the uniform implementation of the optional two-year motor vehicle
			 registration renewals as provided in Act 2014-301of the 2014 Regular Session of
			 the Alabama Legislature.
(2)
			 PROCEDURES - The following procedures are established to ensure the uniform
			 implementation of the optional two-year motor vehicle registration renewals.
(a) The county commission of any county, in
			 consultation with the local judge of probate or other county license plate
			 issuing official, may authorize an optional two-year registration renewal for
			 motor vehicles operated on the public highways of Alabama.
(b) If the optional two-year registration
			 renewal for motor vehicles is authorized by the county commission, a registrant
			 may elect to renew his or her motor vehicle for a two-year period.
(c) Upon election to renew registration for
			 the optional two-year period, the registrant shall do all of the following:
1. Pay the local issuance fee for the first
			 year, however they shall not be required to pay an additional local issuance
			 fee for the second year of registration and
2. Pay the license taxes, ad valorem taxes,
			 and registration fees for both years covered by the registration
			 renewal.
(d) The
			 registrant shall acknowledge by signed affidavit that the fair market value
			 used in calculating each year's ad valorem taxes shall be the fair market value
			 established for the motor vehicle for the current year. The fair market value
			 cannot be appealed for the second year if the market value decreases from the
			 current year's market value. The license plate issuing official shall not
			 assess escaped ad valorem taxes if the market value increases in the second
			 year from the current year's market value.
(e) The registrant may elect not to use the
			 optional two-year registration renewal at the time of any subsequent
			 registration renewal and may at that time elect a registration renewal for one
			 year.
(f) The provisions of this
			 rule shall become effective January 1, 2015.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-1 - AD VALOREM TAX › Section 810-4-1-.26 - Valuation And Assessment Of Business Personal Property Using Form ADV-40S (Short Form)

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In
			 order to achieve uniformity throughout the State of Alabama, the following
			 procedures must be followed for any taxpayer choosing to file Form ADV-40S
			 (Short Form) in accordance with Act 2014-415 for assessment of business
			 personal property.
(a) A taxpayer who meets
			 the following qualifications has the option to file Form ADV-40S as an
			 alternative to filing the itemized return (Form ADV-40).
1. To initially qualify for filing Form
			 ADV-40S (Short Form), the taxpayer must have filed an itemized return (Form
			 ADV-40) with the local assessing official for the immediately preceding year
			 and the total acquisition cost of all taxable tangible personal property must
			 have been $10,000 or less. For subsequent years, Form ADV-40S (Short Form) must
			 have been filed for the previous year.
2. The taxpayer must have $10,000 or less in
			 total acquisition cost of all tangible taxable personal property assets for the
			 current year.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-1 - AD VALOREM TAX › Section 810-4-1-.27 - Procedures For Electronically Filing A Business Personal Property Return Using OPPAL

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Department of Revenue has established the following procedures to ensure the
			 proper filing of electronic business personal property returns using the
			 Optional Personal Property Assessment Link (OPPAL) system.
(2) Effective October 1, 2016, any taxpayer
			 owning business personal property, aircraft, or holding a permanent trailer tag
			 shall have the ability and option to electronically file a business personal
			 property tax return through OPPAL. The filing will be submitted to the county
			 assessing official or other applicable agency in each taxing jurisdiction in
			 which the taxpayer is required to file a business personal property tax return
			 in accordance with Rule
			 810-4-1-.04.
(3) The electronically filed return shall
			 contain all information included in the standard paper tax return and all
			 information included in the electronically filed return shall be electronically
			 available to each appropriate local taxing jurisdiction at the time the return
			 is filed.
(a) The taxpayer, or their
			 designated tax preparer, will have the ability to include comments for the
			 county appraiser in OPPAL.
(b) The
			 taxpayer, or their designated tax preparer, will have the ability to upload a
			 PDF file and report the date a business closed in OPPAL.
(c) The taxpayer, or their designated tax
			 preparer, will have the ability to print and/or email a draft of their tax
			 return for their review before submitting a return.
(d) The county assessing official will have
			 the ability to upload a PDF file of the original tax return filing for
			 inclusion in the taxpayer's county record.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-2 - REQUIREMENTS FOR REPORTING, REGISTERING, AND ASSESSING MANUFACTURED HOMES › Section 810-4-2-.01 - Scope Of Rules

Current through Register Vol. 42, No. 9, June 28, 2024
The purpose of this rule is to establish guidelines and
				procedures for reporting, registering, and assessing manufactured homes, and
				general administrative rules for enforcement of manufactured home laws.
Author:
Monica Mason
Statutory Authority:
Code of Ala.
				  1975
, §§
										40-2A-7(a)(5),
				  40-7-61,
				  40-7-64.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-2 - REQUIREMENTS FOR REPORTING, REGISTERING, AND ASSESSING MANUFACTURED HOMES › Section 810-4-2-.02 - Manufactured Homes Subject to Ad Valorem Tax

Current through Register Vol. 42, No. 9, June 28, 2024
(1) All manufactured homes located on land
			 owned by the manufactured home owner where the manufactured homes are not
			 rented or leased for business purposes shall be subject to assessment for ad
			 valorem tax purposes and the manufactured homes shall be considered as
			 improvements to realty (Class III). Manufactured homes located on land owned by
			 the manufactured home owner and used by the owner-occupant for business
			 purposes are subject to ad valorem tax (Class II). Manufactured homes located
			 on land owned by the manufactured home owner where the owner allows someone to
			 occupy the home rent free, shall be subject to ad valorem tax (Class III).
			 Ownership interests in the manufactured home and the land must be the same for
			 it to be assessed for ad valorem tax purposes. Manufactured homes assessed for
			 ad valorem tax purposes shall be valued according to the Alabama Appraisal
			 Manual and the manufactured homes shall be revalued on the same time schedule
			 as other real property in the county.
(2) Valuations. Manufactured homes subject to
			 ad valorem tax will be valued using the following procedures:
(a) Determine the classification of the home
			 based on the construction quality of the manufactured home.
(b) Calculate the square footage of any
			 appendages (porches, decks, or additions) and apply the appropriate decimal as
			 specified in the Alabama Appraisal Manual. The square footage of the
			 manufactured home added to the adjusted square footage of the appendages will
			 equal the total adjusted area of the manufactured home.
(c) The total adjusted area of the
			 manufactured home will be used to select the appropriate rate from the
			 manufactured home rate table.
(d)
			 The cost of any extra features will be determined using the Alabama Appraisal
			 Manual or another market source.
(e) The cost of the manufactured home and
			 appendages added to the cost of the extra features will result in the cost of
			 the manufactured home.
(f) The cost
			 of the manufactured home will be indexed using the manufactured home index
			 provided by the Department. This index will be distributed to counties along
			 with their reappraisal order. All other counties will use the index applicable
			 during their last reappraisal.
(g)
			 The indexed cost will be depreciated, resulting in the value to be used for ad
			 valorem tax purposes.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-2 - REQUIREMENTS FOR REPORTING, REGISTERING, AND ASSESSING MANUFACTURED HOMES › Section 810-4-2-.03 - Manufactured Homes Subject To Registration

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Every person, firm, or corporation who
			 owns, maintains, or keeps in this state a manufactured home which is located on
			 land owned by someone other than the manufactured home owner, or manufactured
			 homes located on land owned by the manufactured home owner and such
			 manufactured homes are rented or leased for business purposes shall be subject
			 to registration.
(2) Registration
			 Fees.
(a) For the purpose of identification,
			 the following letters will be used to denote the various registration classes:
1. Owner-Occupied, Single-Wide residence
			 A
2. Owner-Occupied, Double-Wide or
			 larger residence B
3. Commercial
			 Single-Wide (rental) C
4.
			 Commercial Double-Wide or larger (rental) D
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-2 - REQUIREMENTS FOR REPORTING, REGISTERING, AND ASSESSING MANUFACTURED HOMES › Section 810-4-2-.04 - Exemptions from Registration Fee

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Owner Occupant Over the Age of 65.
(a) All manufactured home owners who are over
			 the age of 65 shall be exempt from payment of the registration fee on their
			 owner-occupied manufactured home, but will be subject to the payment of the $5
			 issuance fee.
(b) This exemption
			 must be claimed annually between October 1 and November 30 or thirty (30)
			 calendar days from the bill of sale or thirty (30) calendar days from the date
			 the manufactured home entered the state for the first time. The $5 issuance fee
			 must be paid and a registration decal issued annually. Proof of age must be
			 furnished once and kept on file.
(c) Owners who fail to claim the exemption or
			 display the current year decal will be subject to the registration fee,
			 delinquent fee, citation fee, and penalty set out in Section
			 40-12-255(b),
Code of Ala. 1975
.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-4-2 - REQUIREMENTS FOR REPORTING, REGISTERING, AND ASSESSING MANUFACTURED HOMES › Section 810-4-2-.07 - Delinquent Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Manufactured home owners will be subject to a $10 delinquent fee if:
(a) The owner of any manufactured home fails
			 to pay the registration fee before December 1.
(b) The manufactured home owner fails to
			 register a newly acquired manufactured home or a manufactured home entering the
			 state for the first time within thirty (30) days.