reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-28 - PARTNERSHIP RETURNS › Section 810-3-28-.05 - Acceptance, Monitoring, and Revocation of Acceptance Into The Alabama Business Modernized E-File Program For Software Developers - Partnership/LLC Returns

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 SCOPE - This rule explains the requirements for software developers to obtain
			 and sustain active approval to provide software that allows partnership/LLC
			 returns to be electronically filed through the Alabama Business Modernized
			 E-File program.
(2) Software
			 developers must be approved on an annual basis and maintain good standing with
			 the Department. The Department has the right to deny an applicant acceptance
			 into the Alabama Business Modernized E-File Program. To obtain approval
			 software developers must adhere to the following guidelines:
(a) Be accepted by and in good standing with
			 the Internal Revenue Service (IRS) Electronic Filing Program.
(b) Have satisfactorily completed the
			 Department's software developer suitability approval process.
(c) Have an approved Letter of Intent, with
			 original officer signature, on file with the Department.
(d) Have satisfactorily completed the
			 Business Acceptance Testing System (BATS) with the Department.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-28 - PARTNERSHIP RETURNS › Section 810-3-28-.06 - Acceptance, Monitoring, And Revocation Of Acceptance Into The Alabama Business Modernized E-File Program For Electronic Return Originators And Transmitters - Partnership/LLC Return Of Income Tax

Current through Register Vol. 42, No. 9, June 28, 2024
(1) SCOPE - This rule explains the
			 requirements for electronic return originators and transmitters (not to include
			 software developers - See Rule
			 810-3-28-.05)  to obtain and
			 sustain active approval to serve as an Alabama Department of Revenue electronic
			 filing agent in order to transmit returns through the Alabama Business
			 Modernized E-File Program.
(2)
			 Electronic return originators and transmitters accepted by and in good standing
			 with the Internal Revenue Service (IRS) Electronic Filing Program are
			 automatically accepted into the Alabama Electronic Filing Program. This does
			 not include software developers. They must complete the approval process with
			 the Department (See Rule
			 810-3-28-.05).
(3) Electronic return originators and
			 transmitters accepted into the Alabama Electronic Filing Program serve as
			 agents of the Department, and must comply with the requirements of the program
			 as stated in the Alabama Business Modernized E-file Program:
Alabama Business Modernized E-file Program: Software Developers and
			 Transmitters Guidelines and Schemas (Publication AL4164)
.
(4) The Department will conduct
			 random monitoring visits with Electronic Return Originators and Transmitters to
			 verify that the requirements of the Alabama Electronic Filing Program are being
			 met.
(5) The Department reserves
			 the right to revoke the acceptance of an electronic return originator or
			 transmitter for cause. Failure to comply with the guidelines set forth in the
			 Alabama Business Modernized E-file Program: Alabama Business Modernized E-file
			 Program:
Software Developers and Transmitters Guidelines and
			 Schemas (Publication AL4164)
is considered cause.
(6) Any of the following can result in the
			 revocation of an electronic return originator's or transmitter's acceptance
			 into the program:
(a) Conviction of a
			 criminal offense under the revenue laws of any state or of any offense
			 involving dishonesty, or breach of trust.
(b) Failure to file timely and accurate tax
			 returns, both personal and business.
(c) Failure to pay personal tax liabilities
			 or business tax liabilities.
(d)
			 Failure or refusal to effect corrective action as required by the
			 Department.
(e) Other facts or
			 conduct of a disreputable nature that would reflect adversely on the Alabama
			 Electronic Filing Program.
(f)
			 Unethical practices in return preparation.
(g) Suspension by IRS.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-28 - PARTNERSHIP RETURNS › Section 810-3-28-.07 - Alabama Requirements For Mandatory E-File Of Original Partnership/Limited Liability Company Income Tax Returns

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Scope - This rule explains the electronic
			 filing mandate requirements and exclusions for both an income tax return
			 preparer and the Partnership/Limited Liability Company.
(2) Definitions.
(a) Income tax return preparer - a person,
			 firm or company who meet one of the following:
1. Any person who prepares an Alabama
			 corporate/partnership income tax return in exchange for compensation.
2. Any person who employs another person to
			 prepare, in exchange for compensation, any current year Alabama
			 corporate/partnership income tax return.
3. Any accounting firm or company who employs
			 a person or group of people who prepare, in exchange for compensation, any
			 current year Alabama corporate/partnership income tax return.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-28 - PARTNERSHIP RETURNS › Section 810-3-28-.08 - Alabama Requirements For Compliance With Administrative Rule 810-3-28-.07. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Jo Ann Ledbetter, Richard Henninger,
				  Ann F. Winborne, CPA
Statutory Authority:
Code of Ala.
				  1975
, §§
										40-2A-7(a)(5);
				  40-18-40,
				  40-30-1 through
				  6.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-28 - PARTNERSHIP RETURNS › Section 810-3-28-.09 - Requirements For The Alabama Electronic Partnership/LLC Return Of Income

Current through Register Vol. 42, No. 9, June 28, 2024
(1) SCOPE - To
			 define the filing and payment requirements for an Alabama electronic
			 partnership/LLC return of income filed through the Alabama Business Modernized
			 E-File program. Terms are defined to clarify when an electronic return is
			 considered to be timely filed for accepted and rejected returns.
(2) Return Filing and Payment Requirements.
(a) A complete Alabama electronic
			 partnership/LLC return of income will consist of XML data transmitted
			 electronically and supporting binary documents (such as .pdf documents) as
			 required by the Alabama Corporate Modernized Electronic Filing (MeF) schemas,
			 business rules, and Alabama Business MeF Software Developers and Transmitters
			 Guidelines (Publication 4164). A complete Alabama electronic return must
			 contain the same information as a comparable Alabama partnership/LLC return of
			 income tax return as if filed entirely on paper.
(b) Partnerships/LLCs that electronically
			 file their Alabama Partnership/LLC return of income must also pay their tax
			 liability electronically on the Form PTEC (Nonresident Composite Payment
			 Return) if applicable.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-29 - FIDUCIARY RETURNS › Section 810-3-29-.01 - Fiduciary Returns

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Every fiduciary, other than one appointed by authority of law in possession of
			 only a part of the property of a taxpayer, shall file a return for the taxpayer
			 for whom he acts if either of the following conditions are met:
(a) the net income of the taxpayer is $1,500
			 or over if single or if married and not living with spouse, or combined net
			 income is $3,000 or over if taxpayer is married and living with spouse,
			 or
(b) if the taxpayer is an estate
			 or trust, if the net income thereof is $1,500 or over, or if any beneficiary is
			 a taxpayer other than a resident of Alabama.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-29 - FIDUCIARY RETURNS › Section 810-3-29-.02 - Election To Participate In The Federal/State Electronic Filing Program - Fiduciary Income Tax Returns

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Department will participate with the
			 Internal Revenue Service in the Federal/State Electronic Filing Program for the
			 joint electronic filing of fiduciary income tax returns, effective for tax
			 years beginning on or after January 1, 2014.
Author:
Melissa A. Gillis
Statutory Authority:
Code of Ala.
				  1975
, §§
										40-2A-7(a)(5),
				  40-30-4.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-29 - FIDUCIARY RETURNS › Section 810-3-29-.04 - Requirements For The Fiduciary Income Tax Declaration For Electronic Filing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) SCOPE - This
			 rule defines the information required for the Fiduciary Income Tax declaration
			 for electronic filing through the Alabama Business Modernized E-File
			 Program.
(2) The Fiduciary Income
			 Tax Declaration for Electronic Filing requires the following information and
			 authorizations:
(a) The estate or trust
			 name.
(b) The estate or trust
			 Employer Identification Number.
(c)
			 The name and title of fiduciary.
(d) Fiduciary phone number.
(e) The fiduciary address.
(f) The Alabama taxable income reported by
			 the electronic return.
(g) The
			 total tax liability reported by the electronic return.
(h) The total credits reported by the
			 electronic return.
(i) The total
			 reductions reported by the electronic return.
(j) The refund amount reported by the
			 electronic return.
(k) The amount
			 due reported by the electronic return.
(l) The amount of payment remitted
			 electronically.
(m) If applicable,
			 authorization for the Department and its designated financial agent to initiate
			 an electronic funds withdrawal (direct debit) entry to the financial
			 institution account indicated in the tax preparation software for payment of
			 the estate/trust's Alabama taxes owed on this return, and the financial
			 institution to debit the entry to this account.
(n) Authorization for the Department to
			 discuss the return and attachments with the preparer.
(o) Consent to the disclosure of all
			 information pertaining to the user of the computer system and software used to
			 create the business return and to the electronic transmission of the business
			 tax return to the Department.
(p)
			 The signature of a fiduciary/officer of the estate or trust, their title and
			 date of the signature. The Department will accept a signature made on a
			 signature pad (defined in
			 810-3-29-.03)
(q) The signature of the electronic return
			 originator and date of the signature.
(r) An indication whether the electronic
			 return originator is self-employed.
(s) The firm name of the electronic return
			 originator.
(t) The address,
			 including the zip code, of the electronic return originator.
(u) The federal employer identification
			 number of the electronic return originator.
(v) If the paid preparer is different from
			 the electronic return originator, the following information is required:
1. The signature of the paid preparer and
			 date of the signature.
2. An
			 indication whether the paid preparer is self-employed.
3. The firm name of the paid
			 preparer.
4. The address, including
			 the zip code, of the paid preparer.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-29 - FIDUCIARY RETURNS › Section 810-3-29-.05 - Acceptance, Monitoring, And Revocation Of Acceptance Into The Alabama Business Modernized E-File Program For Software Developers - Fiduciary Income Tax

Current through Register Vol. 42, No. 9, June 28, 2024
(1) SCOPE - This
			 rule explains the requirements for software developers to obtain and sustain
			 active approval to provide software that allows fiduciary income tax returns to
			 be electronically filed through the Alabama Business Modernized E-File
			 program.
(2) Software developers
			 must be approved on an annual basis and maintain good standing with the Alabama
			 Department of Revenue. The Department has the right to deny any applicant
			 acceptance into the Alabama Business Modernized E-File Program. To obtain
			 approval software developers must adhere to the following guidelines:
(a) Be accepted by and in good standing with
			 the Internal Revenue Service (IRS) Electronic Filing Program.
(b) Satisfactorily complete the Department's
			 software developer suitability approval process.
(c) Submit a Letter of Intent approved by the
			 Department, with original officer signature.
(d) Satisfactorily complete the Business
			 Acceptance Testing System (BATS) with the Department.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-29 - FIDUCIARY RETURNS › Section 810-3-29-.06 - Acceptance, Monitoring, And Revocation Of Acceptance Into The Alabama Business Modernized E-File Program For Electronic Return Originators And Transmitters - Fiduciary Income Tax

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 SCOPE - This rule explains the requirements for electronic return originators
			 and transmitters (not to include software developers - See Rule
			 810-3-29-.05)
			 to obtain and sustain active approval to serve as a Department electronic
			 filing agent in order to transmit returns through the Alabama Business
			 Modernized E-File Program.
(2)
			 Electronic return originators and transmitters accepted by and in good standing
			 with the Internal Revenue Service (IRS) Electronic Filing Program are
			 automatically accepted into the Alabama Electronic Filing Program. This does
			 not include software developers. They must complete the approval process with
			 the Department (See Rule
			 810-3-29-.05).
(3) Electronic return originators and
			 transmitters accepted into the Alabama Electronic Filing Program serve as
			 agents of the Alabama Department of Revenue, and must comply with the
			 requirements of the program as stated in the Alabama Business Modernized E-file
			 Program:
Handbook for Software Developers and Transmitters
			 (Publication AL4164)
.
(4) The Department will conduct random
			 monitoring visits with Electronic Return Originators and Transmitters to verify
			 that the requirements of the Alabama Electronic Filing Program are being
			 met.
(5) The Department reserves
			 the right to revoke the acceptance of an electronic return originator or
			 transmitter for cause. Failure to comply with the guidelines set forth in the
			 Alabama Business Modernized E-file Program:
Handbook for Software
			 Developers and Transmitters (Publication AL4164)
is considered
			 just cause.
(6) Any of the
			 following can result in the revocation of an electronic return originator's or
			 transmitter's acceptance into the program:
(a) Conviction of a criminal offense under
			 the revenue laws of any state or of any offense involving dishonesty, or breach
			 of trust.
(b) Failure to file
			 timely and accurate tax returns, both personal and business.
(c) Failure to pay personal tax liabilities
			 or business tax liabilities.
(d)
			 Failure or refusal to effect corrective action as required by the
			 Department.
(e) Other facts or
			 conduct of a disreputable nature that would reflect adversely on the Alabama
			 Electronic Filing Program.
(f)
			 Unethical practices in return preparation.
(g) Suspension by IRS.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-29 - FIDUCIARY RETURNS › Section 810-3-29-.07 - Fiduciary Income Tax

Current through Register Vol. 42, No. 9, June 28, 2024
(1) For
			 purposes of the taxes imposed upon the income of estates and trusts and paid by
			 the fiduciary thereof, estates and trusts are classified as either resident or
			 nonresident.
(2) Resident Estate or
			 Trust
(a) "Resident estate" means the estate
			 of an Alabama resident decedent.
(b) A "resident trust" means any trust
			 created:
(1) by the will of an Alabama
			 resident decedent or
(2) by a
			 person who was an Alabama resident at the time such trust became irrevocable
			 and that has a fiduciary or beneficiary that either resides in or is domiciled
			 in Alabama for more than seven (7) months during the respective taxable
			 year.
(c) The fiduciary
			 of a trust is domiciled in Alabama if the individual, or group of individuals,
			 who carry out the fiduciary responsibilities of the trust are located in
			 Alabama. If the trustee is a corporate fiduciary engaged in interstate trust
			 administration, the fiduciary is treated as being domiciled in Alabama if the
			 trustee conducts the major part of its administration of the trust in
			 Alabama.
(d) The fiduciary of a
			 resident estate or trust must file a return:
(1) if the estate or trust has net income
			 over $1,500 for the taxable year or
(2) if the estate or trust is claiming a
			 qualifying net operating loss for the year.
(e) Resident estates and trusts must report
			 all income from all sources and are allowed a credit for taxes paid to other
			 states.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-29 - FIDUCIARY RETURNS › Section 810-3-29-.08 - Alabama Requirements For Mandatory E-File of Fiduciary Income Tax Returns

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Scope
- This rule explains the electronic filing mandate
			 requirements and exclusions for both an income tax return preparer and an
			 Estate/Trust.
(2)
Definitions.
(a) Income tax
			 return preparer - a person, firm or company who meet one of the following:
1. Any person who prepares an Alabama
			 fiduciary income tax return in exchange for compensation.
2. Any person who employs another person to
			 prepare, in exchange for compensation, any current year Alabama fiduciary
			 income tax return.
3. Any
			 accounting firm or company who employs a person or group of people who prepare,
			 in exchange for compensation, any current year Alabama Fiduciary Income Tax
			 Return.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-29 - FIDUCIARY RETURNS › Section 810-3-29-.09 - Requirements for the Alabama Electronic Fiduciary Income Tax

Current through Register Vol. 42, No. 9, June 28, 2024
(1) SCOPE - To
			 define the filing and payment requirements for an Alabama electronic fiduciary
			 income tax return filed through the Alabama Business Modernized E-File program.
			 Terms are defined to clarify when an electronic return is considered to be
			 timely filed for accepted and rejected returns.
(2) Return Filing and Payment Requirements
(a) A complete Alabama electronic fiduciary
			 income tax return will consist of XML data transmitted electronically and
			 supporting binary documents (such as .pdf documents) as required by the Alabama
			 Fiduciary Modernized Electronic Filing (MeF) schemas, business rules, and
Handbook for Developers and Transmitters Guidelines (Publication
			 4164)
. A complete Alabama electronic return must contain the same
			 information as a comparable Alabama fiduciary income tax return as if filed on
			 paper.
(b) Fiduciaries that
			 electronically file their Alabama fiduciary income tax return must also pay
			 their tax liability electronically.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-30 - RETURN WHEN ACCOUNTING PERIOD CHANGES › Section 810-3-30-.01 - Permission To Change Accounting Period

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The change in accounting period for
			 single entity taxpayers will change whenever there is an approved federal
			 accounting period change.
(a) For
			 corporations, filing Alabama returns on a separate entity basis, which become a
			 member of a federal consolidated group, or cease to be a member of a
			 consolidated group, or change from one federal group to another during the
			 taxable year, no change in accounting period is required or permitted if the
			 taxable year after the change in federal group membership will end at the same
			 time as before the change.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-30 - RETURN WHEN ACCOUNTING PERIOD CHANGES › Section 810-3-30-.02 - Returns On Change Of Accounting Period

Current through Register Vol. 42, No. 9, June 28, 2024
(1) If a taxpayer changes his accounting
			 period from a calendar year to a fiscal year or from a fiscal year to a
			 calendar year or from one fiscal year to another fiscal year, such change
			 necessitates the filing of a return for a period of less than twelve months.
			 Under no conditions may the return cover a period of more than twelve months.
			 The following examples will illustrate this point:
(a) EXAMPLE: Taxpayer A has been filing
			 returns for fiscal years ending June 30. The books have been closed for the
			 fiscal year ending June 30, 1998. The return will be filed for this period, but
			 it has been decided that it will be more advantageous to file for the calendar
			 year in the future. In order to do this, a return must be filed for the six
			 months beginning July 1, 1998 and ending December 31, 1998. Thereafter, the
			 taxpayer must file a return each calendar year.
(b) EXAMPLE: Taxpayer B desires to change the
			 taxable year from the calendar year to a fiscal year ending July 31. The
			 taxpayer filed a regular calendar year return for 1997 and desires to file the
			 first fiscal year return in 1998. A return must be filed for the seven month
			 period beginning January 1, 1998 and ending July 31, 1998. A return will be
			 filed for the twelve months ending July 31 in 1999 and each subsequent
			 year.
(c) EXAMPLE: Taxpayer C has
			 filed a return for the fiscal year ending September 30, 1997, but now desires
			 to change to a fiscal year ending April 30 of each year. This can be
			 accomplished by filing a seven month return for the period beginning October 1,
			 1997 and ending April 30, 1998. The taxpayer will file a return for the twelve
			 months ending April 30 in 1999 and each subsequent year.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-31 - IMPOSITION OF INCOME TAX ON CORPORATIONS › Section 810-3-31-.01 - Tax On Corporations. (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Fred H. Pritchar, Chris Sherlock,
				  Individual and Corporate Tax Division
Statutory Authority:
Code of Ala.
				  1975
, §§
										40-2A-7(a)(5),
				  40-18-31,
				  40-18-57.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-31 - IMPOSITION OF INCOME TAX ON CORPORATIONS › Section 810-3-31-.02 - Determination Of Income From Multistate Operations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Taxpayers having income from business
			 activity which is taxable both within and without this state are required to
			 allocate and apportion their taxable income pursuant to the provisions of the
			 Multistate Tax Compact, Chapter 27, Title 40,
Code of Ala.
			 1975
.
Authors:
Verlon R. Frost, Jeff Taylor, Chris
				Sherlock, Individual and Corporate Tax Division
Statutory Authority:
Code of Ala.
				  1975
, §§
										40-2A-7(a)(5),
				  40-18-57.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-32 - EXEMPTION OF CERTAIN ORGANIZATIONS, ASSOCIATIONS, ETC › Section 810-3-32-.01.01 - Political Organizations (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Michael E. Mason, CPA
Statutory Authority:
Code of Ala.
				  1975
, §§
										17-22A-1,
				  40-2A-7(a)(5).
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-32 - EXEMPTION OF CERTAIN ORGANIZATIONS, ASSOCIATIONS, ETC › Section 810-3-32-.02 - Proof Of Exemption

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
(a) An organization is not exempt from tax
			 merely because it is not organized and operated for profit. It must establish
			 its exemption by filing an affidavit showing the character of the organization,
			 the purpose for which it was organized, its actual activities, the sources of
			 its income and the disposition of such income, whether or not any of its income
			 is credited to surplus or may inure to the benefit of any private shareholder
			 or individual, and in general all facts relating to its operations which affect
			 its right to exemption. To the affidavit shall be attached a copy of the
			 articles of incorporation, declaration of trust, or other instrument of similar
			 import, setting forth the permitted powers or activities of the organization,
			 the by-laws or other code or rules, and the latest financial statement showing
			 the assets, liabilities, receipts, and disbursements of the
			 organization.
(b) In addition to
			 the information specifically called for in the preceding subparagraph, the
			 Department may require additional information necessary for a proper
			 determination of entitlement to an exemption pursuant to Section
			 40-18-32,
Code of Ala. 1975
.
(c) The status of a corporation claiming
			 exemption under Section
			 40-18-32,
Code of Ala. 1975
, will be determined by the
			 Department on the basis of the facts in each individual case, and the taxpayer
			 will be notified of the findings of the Department. The exemption statute will
			 be strictly construed, and an organization not qualifying under a specific
			 subsection of Section
			 40-18-32,
Code of Ala. 1975
, will be held to be subject to
			 tax.
(d) If an organization is
			 exempt under both federal and state law, approved federal forms establishing
			 exemption for federal income tax purposes will be acceptable as proof of
			 exemption for state income tax purposes.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-32 - EXEMPTION OF CERTAIN ORGANIZATIONS, ASSOCIATIONS, ETC › Section 810-3-32-.03 - Unrelated Business Taxable Income (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Fred H. Pritchard, John H.
				  Burgess
Statutory Authority:
Code of Ala.
				  1975
, §§
										40-18-32,
				  40-18-57.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-34 - GROSS INCOME OF CORPORATIONS DEFINED › Section 810-3-34-.01 - Gross Income Of Corporations. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Verlon R. Frost
Statutory Authority:
Code of Ala.
				  1975
, §§ 40-2 A-7(a)(5),
				  40-18-57.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-35 - DEDUCTIONS ALLOWED CORPORATIONS GENERALLY › Section 810-3-35-.01 - Federal Income Tax Deduction

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Corporations may deduct federal income
			 taxes (FIT) paid or accrued during the taxable year and attributable to their
			 Alabama income. The amount and method of deduction to be allowed for state
			 income tax purposes is determined by Alabama Department of Revenue rules. See
			 Standard Oil Co. v. State, 55 Ala. App. 103, 313 So. 2d 532, cert, denied, 313
			 So. 2d 540 (1975).
(a) The FIT attributable
			 to Alabama may be deducted in the year paid or accrued and subsequently paid,
			 according to the method of accounting used in computing taxable income.
1. For a cash basis taxpayer federal income
			 tax should be deducted in the year paid. See Paragraph (4).
2. An accrual basis taxpayer should deduct
			 federal income tax:
(i) In the year for which
			 the tax was imposed if the tax is not contested: that is, in the absence of
			 some objective act of protest, affirmative evidence of protest, or affirmative
			 evidence of denial of liability by the taxpayer, or
(ii) If the tax is contested it shall be
			 accrued and subsequently paid and deducted during the year in which the
			 liability becomes fixed and certain, but in no case later than the date the tax
			 was actually paid.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-35 - DEDUCTIONS ALLOWED CORPORATIONS GENERALLY › Section 810-3-35-.02 - Restrictions On The Deductibility Of Certain Intangible Expenses And Costs And Interest Expenses And Costs

Current through Register Vol. 42, No. 9, June 28, 2024
(1) In accordance with the terms of §
								40-18-35(b)(1),
Code of Ala. 1975
, (hereafter "Ala. Code") for
			 purposes of computing its taxable income, a corporation shall add back
			 otherwise deductible interest expenses and costs and intangible expenses and
			 costs directly or indirectly paid, accrued or incurred to, or in connection
			 directly or indirectly with one or more direct or indirect transactions, with
			 one or more related members.
(2)
			 The corporation shall make the adjustments required in paragraph (1), unless:
(a) The corporation establishes, to the
			 Department's satisfaction, in a writing attached to the corporation's Alabama
			 corporate income tax return, that the adjustments are unreasonable, (See (3)(h)
			 below)
(b) The corporation and the
			 Commissioner of Revenue agree in writing to the application or use of
			 alternative adjustments and computations, (See (3)(i) below)
(c) The corporation establishes, to the
			 Department's satisfaction, in a writing attached to the corporation's Alabama
			 corporate income tax return, that the transaction giving rise to the interest
			 expenses and costs or the intangible expenses and costs between the corporation
			 and the related member did not have as a principal purpose the avoidance of any
			 Alabama tax and the related member is not primarily engaged in the acquisition,
			 use, licensing, maintenance, management, ownership, sale, exchange, or any
			 other disposition of intangible property, or in the financing of related
			 entities, (See (3)(b) and (c) below) or
(d) The corporation establishes, to the
			 Department's satisfaction, in a writing attached to the corporation's Alabama
			 corporate income tax return, that the item of income corresponding to the
			 taxpayer's expense was in the same taxable year subject to a tax based on or
			 measured by the related member's net income in Alabama or any other state of
			 the United States, or a foreign nation which has in force an income tax treaty
			 with the United States, if the recipient was a "resident" (as defined in the
			 income tax treaty) of the foreign nation. (See (3) (e), (f) and (g)
			 below).
(e) The attachment(s)
			 required by (2)(a), (c) and (d) above shall be in a format to be prescribed by
			 the Department of Revenue.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-35.1 - ASSESSMENT OF INCOME TAXES - DEDUCTION FOR A LIMITED NET OPERATING LOSS CARRYFORWARD FOR CORPORATIONS › Section 810-3-35.1-.02 - Carryforward of Net Operating Losses for Corporations Apportioning and Allocating Income (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Voncile Catledge, Individual and
				  Corporate Tax Division
Statutory Authority:
Code of Ala.
				  1975
, §
										40-18-35.1.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-35.1 - ASSESSMENT OF INCOME TAXES - DEDUCTION FOR A LIMITED NET OPERATING LOSS CARRYFORWARD FOR CORPORATIONS › Section 810-3-35.1-.03 - Carryforward Of Net Operating Losses For Corporations Filing Consolidated Returns (Repealed)

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Voncile Catledge
Statutory Authority:
Code of Ala.
				  1975
, §§
										40-2A-7(a)(5),
				  40-18-57,
				  as amended.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-36 - DISTRIBUTION BY CORPORATIONS › Section 810-3-36-.01 - Electing Pass-Through Entity Returns

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Definitions
. The
			 following terms shall have the following meanings for purpose of these rules.
(a)
Pass-Through
			 Entity.
A Pass-Through Entity is an S Corporation defined in
			 §
									40-18-160,
Code of Ala. 1975
, or a Subchapter K Entity defined in
			 §
									40-18-1,
Code of Ala. 1975
. Single member limited liability
			 companies, estates, trusts, business trusts, and disregarded entities are not
			 included in this definition except in the capacity as an owner, member,
			 partner, or shareholder of the Pass-Through Entity.
(b)
Taxable Income
.
			 The taxable income used to determine the tax for the Electing Pass-Through is
			 the sum of nonseparately stated income (loss) and deductions plus separately
			 stated income (loss) and deductions computed in accordance with §§
									40-18-24,
			 40-18-161,
			 or
			 40-18-162.
			 This income must be apportioned in accordance with §
									40-27-1,
Code of Ala. 1975
, and the accompanying
			 rules.
(c)
Electing
			 Pass-Through Entity Payment
. A payment of Alabama Income Tax made
			 by the Pass-Through Entity on behalf of its owners, members, partners, or
			 shareholders; calculated on the owner's, member's, partner's, or shareholder's
			 pro rata or distributive share of the Pass-Through Entity's income, computed in
			 accordance with §§
									40-18-24,
			 40-18-161,
			 or
			 40-18-162,
Code of Ala. 1975
, and paid in the manner prescribed
			 by the department.
(d)
Required Annual Payment
. The required annual payment
			 is the lessor of 100 percent of the tax shown on the return for the taxable
			 year or 100 percent of the tax shown on the return for the preceding tax
			 year.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-38 - ADDITIONAL CREDITS AND DEDUCTIONS ALLOWED FOR CORPORATIONS › Section 810-3-38-.01

Current through Register Vol. 42, No. 9, June 28, 2024
Author:
Jeff Taylor, Income Tax Division
Statutory Authority:
Code of Ala.
				  1975
, §
										40-18-38;
				  Act 93-852.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-38 - ADDITIONAL CREDITS AND DEDUCTIONS ALLOWED FOR CORPORATIONS › Section 810-3-38-.02 - Additional Credits Allowed For Corporations

Current through Register Vol. 42, No. 9, June 28, 2024
For an Approved Company whose project is financed by the State
				Industrial Development Authority's Project Obligations, the following shall be
				allowed as credits against the state corporate income tax imposed by Section
				40-18-31:
(1) The credit available to an Approved
			 Company pursuant to Section
			 41-10-44.8(a);
			 and
(2) The credit available to an
			 Approved Company pursuant to Section
			 41-10-44.9.
(3) The sum of the credits allowed in (1) and
			 (2) above to an Approved Company in a given year shall not exceed the lesser
			 of:
(a) the Approved Company's state
			 corporate income tax liability for such year on the income generated by or
			 arising out of a Project; or
(b)
			 the total debt service payments made during such year by the Approved Company
			 on the Project Obligations.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-39 - CORPORATION RETURNS › Section 810-3-39-.01 - Corporation Returns

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
(a) Each corporation, joint stock company, or
			 association, except as provided in (b), subject to Alabama income tax shall
			 file a separate return for each tax year, including organizations subject to
			 taxation on unrelated business taxable income as provided in Section
			 40-18-32,
Code of Ala. 1975
. The return (Form 20C for
			 corporations and organizations with unrelated business taxable income, and Form
			 20S for an Alabama S corporation) shall be filled out completely and in
			 accordance with the instructions. The return must be signed by one of the
			 following officers: the president, vice-president, treasurer, assistant
			 treasurer, secretary, assistant secretary, chief accounting or financial
			 officer. The individual preparing the return, if a paid preparer, must also
			 sign the return, and his or her address should be shown...
(b) In lieu of filing separate entity returns
			 in Alabama, a group of related corporations may elect to be treated as an
			 Alabama affiliated group filing a consolidated corporate income tax return.
			 Qualifications for an "Alabama affiliated group" are found in Section
			 40-18-39(b)(1),
Code of Ala. 1975
. For more information about filing
			 an Alabama consolidated return, see Alabama Rule
			 810-3-39-.03.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-39 - CORPORATION RETURNS › Section 810-3-39-.02 - Extension Of Time For Filing A Corporation Return

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A corporation or an Alabama affiliated
			 group will be granted an automatic extension to file its Alabama corporate
			 income tax return consistent with the extension allowed for the taxpayer's
			 corresponding federal income tax return plus one month. The corresponding
			 federal extension form must be submitted with the return. An extension of time
			 granted pursuant to this section is not an extension of time for payment of the
			 tax. The amount of tax due must be paid on or before the due date of the return
			 without regard to the extension to file the return. Any tax due, not paid on or
			 before the unextended due date, will be subject to interest until paid at the
			 rate provided in Section
			 40-1-44,
Code of Ala.
			 1975
, and all applicable penalties.
(a) Payment of the tax shall be made via the
			 paper Business Income Tax Payment Voucher or by Electronic Funds Transfer
			 (EFT).
(b) However, payment must be
			 made via EFT if the payment exceeds $750. Please refer to Alabama
			 Administrative Rules
			 810-13-1-.01 and
			 810-13-1-.03.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-39 - CORPORATION RETURNS › Section 810-3-39-.03 - Consolidated Filing

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
			 Election to file an Alabama consolidated return. In lieu of filing separate
			 entity returns in Alabama, a group of related corporations may elect to be
			 treated as an Alabama affiliated group filing a consolidated corporate income
			 tax return. Such election may be made by submitting items (a) through (c) below
			 to the Department by the due date or extended due date of the return:
(a) Submit a completed Form 20C-CRE (Election
			 to File Consolidated Corporate Income Tax Return). This form must be filed by
			 the common parent of the Alabama affiliated group. If the common parent is not
			 a member of the Alabama affiliated group, the members of the Alabama affiliated
			 group must designate the member that will serve in this role.
(b) Submit a Form 20C-C (Alabama Consolidated
			 Return) for the Alabama affiliated group and include all pertinent schedules,
			 including Schedule AS (Affiliation Schedule) and a proforma Form 20C for each
			 member. The Alabama consolidated return must be signed by one of the officers
			 of the common parent listed in Alabama Rule 810-3-.39 -.01(1)(a) on behalf of
			 the Alabama affiliated group.
(c)
			 Pay the annual fee for the privilege of filing an Alabama consolidated return.
			 The annual fee is a graduated fee based upon the aggregate amount of total
			 assets and is determined by Section
			 40-18-39(b)(8),
Code of Ala. 1975
. "Aggregate amount of total assets"
			 means, for purposes of this rule, the aggregate of all member's total assets as
			 determined on a proforma separate entity basis.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-39 - CORPORATION RETURNS › Section 810-3-39-.04 - Incentives Rules For Alabama Affiliated Groups Filing Consolidated Alabama Income Tax Returns. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Michael E. Mason, Commissioner's
				  Office; Verlon Frost, Melody Moncrief, Individual and Corporate Tax
				  Division
Statutory Authority:
Code of Ala.
				  1975
, §§
										40-2A-7(a)(5),
				  40-18-39,
				  40-18-57.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-39 - CORPORATION RETURNS › Section 810-3-39-.05 - Taxable Years Following An Election Period For An Alabama Affiliated Group

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Except as
			 provided in paragraph (2), for any taxable year beginning after the expiration
			 of the election period set forth in Section
			 40-18-39(c)(6),
Code of Ala. 1975
, each member of the Alabama
			 affiliated group subject to Alabama income tax shall file a separate return
			 unless the Alabama affiliated group elects to file an Alabama consolidated
			 return and is not otherwise prohibited from doing so.
(2) The former Alabama affiliated group may
			 renew their election to file an Alabama consolidated return by submitting the
			 items required by Alabama Rule
			 810-3-39-.03(1).
			 Such items must be submitted by the due date or extended due date of the tax
			 return, as applicable pursuant to Alabama Rule
			 810-3-39-.02.
			 Such election will establish a new election period pursuant to Section
			 40-18-39(c) (6).
Authors:
Michael E. Mason, Commissioner's
				  Office; Verlon Frost, Holly Coon, Individual and Corporate Tax Division
Statutory Authority:
Code of Ala.
				  1975
, §§
										40-2A-7(a)(5),
				  40-18-39,
				  40-18-57.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-39 - CORPORATION RETURNS › Section 810-3-39-.06 - Mechanics Of Consolidated Filing. (REPEALED)

Current through Register Vol. 42, No. 9, June 28, 2024
Authors:
Michael E. Mason, Commissioner's
				  Office; Verlon Frost, Individual and Corporate Tax Division
Statutory Authority:
Code of Ala.
				  1975
, §§
										40-2A-7(a)(5),
				  40-18-57.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-39 - CORPORATION RETURNS › Section 810-3-39-.07 - Participation In The Federal/State Electronic Filing Program - Corporate Income Tax Returns

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The
			 Department will participate with the Internal Revenue Service in the
			 Federal/State Electronic Filing Program for the joint electronic filing of
			 Corporate Income Tax Returns, effective for tax years beginning on or after
			 January 1, 2005.
Authors:
Kathleen F. Campbell, Melissa Gillis,
				  Michaelyn N. Adams
Statutory Authority:
Code of Ala.
				  1975
, §§
										40-2A-7(a)(5),
				  40-30-4.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-39 - CORPORATION RETURNS › Section 810-3-39-.09 - Requirements For The Corporate Income Tax Declaration For Electronic Filing

Current through Register Vol. 42, No. 9, June 28, 2024
(1) SCOPE - This
			 rule defines the information required for the Corporate Income Tax declaration
			 for electronic filing through the Alabama Business Modernized E-File Program
			 (MeF).
(2) The Corporate Income Tax
			 Declaration for Electronic Filing requires the following information and
			 authorization for both Corporation and S-Corporation filers:
(a) The corporation's name.
(b) The corporation's Federal Employer
			 Identification Number.
(c) The
			 corporation's address.
(d) The
			 corporation's phone number.
(e) The
			 Alabama taxable income reported by the electronic return.
(f) The total tax liability reported by the
			 electronic return.
(g) The total
			 tax payments and credits reported by the electronic return.
(h) The total reductions reported on the
			 electronic return.
(i) The amount
			 of the refund reported by the electronic return.
(j) The amount of the payment transmitted
			 electronically.
(k) If applicable,
			 authorization for the Department and its designated financial agent to initiate
			 an electronic funds withdrawal (direct debit) entry to the financial
			 institution account indicated in the tax preparation software for payment of
			 the corporation's Alabama taxes owed on this return, and the financial
			 institution to debit the entry to this account.
(l) Authorization for the Department to
			 discuss the return and attachments with the preparer.
(m) Consent to the disclosure of all
			 information pertaining to the user of the computer system and software used to
			 create the business return and to the electronic transmission of the business
			 tax return to the Department.
(n)
			 The signature of an officer of the corporation, their title and date of the
			 signature. The Department will accept a signature made on a signature pad
			 (defined in
			 810-3-39-.08
(o) The signature of the
			 electronic return originator and date of the signature.
(p) An indication whether the electronic
			 return originator is self-- employed.
(q) The firm name of the electronic return
			 originator.
(r) The address,
			 including the zip code, of the electronic return originator.
(s) The Federal Employer Identification
			 Number of the electronic return originator.
(t) If the paid preparer is different from
			 the electronic return originator, the following information is required:
1. The signature of the paid preparer and
			 date of the signature.
2. An
			 indication whether the paid preparer is self-employed.
3. The firm name of the paid
			 preparer.
4. The address, including
			 the zip code, of the paid preparer.
Alabama Administrative Code › Title 810 - ALABAMA DEPARTMENT OF REVENUE › Chapter 810-3-39 - CORPORATION RETURNS › Section 810-3-39-.10 - Acceptance, Monitoring, And Revocation Of Acceptance Into The Alabama Business Modernize E-File Program For Software Developers - Corporate Income Tax

Current through Register Vol. 42, No. 9, June 28, 2024
(1) SCOPE - This
			 rule explains the requirements for software developers to obtain and sustain
			 active approval to provide software that allows Corporate Income Tax returns to
			 be electronically filed through the Alabama Business Modernized E-File
			 program.
(2) Software developers
			 must be approved on an annual basis and maintain good standing with the
			 Department. The Department has the right to deny any applicant's acceptance
			 into the Alabama Business Modernized E-File Program. To obtain approval
			 software developers must adhere to the following guidelines.
(a) Be accepted by and in good standing with
			 the Internal Revenue Service (IRS) Electronic Filing Program.
(b) Have satisfactorily completed the
			 Department's software developer suitability approval process.
(c) Have an approved Letter of Intent, with
			 original officer signature, on file with the Department.
(d) Have satisfactorily completed the
			 Business Acceptance Testing System (BATS) with the Department.