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2012 Code of Alabama
Title 40 - REVENUE AND TAXATION.
Chapter 17 - GASOLINE AND OTHER MOTOR FUELS; LUBRICATING OILS.
Article 1 Motor Fuel Tax.- Section 40-17-1 - Definitions.
- Section 40-17-2 - Levied; credit or refund.
- Section 40-17-5 - Tax to be paid and statement rendered monthly.
- Section 40-17-6 - Monthly statement to be sworn to.
- Section 40-17-7 - Adequate records to be maintained.
- Section 40-17-8 - Forms for statements and reports; cost of enforcement.
- Section 40-17-9 - Failure to make reports or keep records.
- Section 40-17-13 - Disposition of proceeds of tax.
- Section 40-17-14 - Application for license for purchase, sale, withdrawal, etc.; bond.
- Section 40-17-18 - Rules and regulations.
- Section 40-17-19 - Effect on provisions of Article 2 of this chapter.
- Section 40-17-20 - Restraint of violators of article.
- Section 40-17-22 - Unlawful to sell for use or to use motor fuel upon which tax not paid; penalties.
Division 1 General Provisions.
- Section 40-17-30 - Definitions.
- Section 40-17-31 - Levy and amount of tax; collection and distribution of proceeds.
- Section 40-17-32 - By whom excise tax collected and paid over.
- Section 40-17-33 - Report of sales and withdrawals.
- Section 40-17-34 - Monthly statements to be sworn to.
- Section 40-17-35 - Record of sales, withdrawals and distributions.
- Section 40-17-36 - Report of address by distributor, refiner, storer, etc.
- Section 40-17-37 - Penalty for failure to make reports or keep records.
- Section 40-17-38 - Discount allowed to distributors, etc., licensed under Section 40-12-194.
- Section 40-17-39 - Duty of Department of Revenue to enforce provisions.
- Section 40-17-40 - Effect of acceptance of money on recovery of balance.
- Section 40-17-43 - Department of Revenue to prescribe form of statements and reports.
- Section 40-17-45 - Use of motor fuel upon which tax has not been paid.
- Section 40-17-49 - Restraint of violators.
- Section 40-17-50 - Cities and towns prohibited from levying new or additional tax on aviation fuel.
- Section 40-17-51 - Municipalities and counties may provide that local tax be borne by consumer and paid to municipality or county but once.
- Section 40-17-52 - Adjustment of taxes collected on sales across state line.
- Section 40-17-70 - Definitions.
- Section 40-17-71 - Legislative intent.
- Section 40-17-72 - Distribution of 45 percent of net tax proceeds.
- Section 40-17-73 - Disposition of 55 percent of net tax proceeds.
- Section 40-17-74 - Disposition of sums allocated and apportioned to counties.
- Section 40-17-74.1 - Distribution of supplemental net tax.
- Section 40-17-75 - Use of county portion to pay salaries of members of county governing bodies.
- Section 40-17-76 - Payment of compensation of clerks of county governing bodies.
- Section 40-17-77 - Effective date of census.
- Section 40-17-78 - Use of net tax proceeds for highway purposes - Generally.
- Section 40-17-79 - Use of net tax proceeds for highway purposes - Construction and maintenance of streets in municipalities.
- Section 40-17-80 - Use of net tax proceeds for highway purposes - Construction and maintenance of highways and traffic control areas on school property.
- Section 40-17-81 - State Treasurer to make allocations and distributions.
- Section 40-17-82 - Preservation of prior pledges.
- Section 40-17-100 - "Gasoline used on the farm for agricultural purposes" defined.
- Section 40-17-101 - Purpose of division.
- Section 40-17-102 - Eligibility for refund; amount.
- Section 40-17-103 - Filing and form of claim for refund.
- Section 40-17-104 - Time for filing claim.
- Section 40-17-105 - Payment of refund; appropriation.
- Section 40-17-106 - Powers of Commissioner of Revenue.
- Section 40-17-107 - Tractors owned by applicant to be assessed for ad valorem tax.
- Section 40-17-108 - False or fraudulent claims.
- Section 40-17-120 - "Gasoline" defined.
- Section 40-17-121 - Purpose of division.
- Section 40-17-122 - Eligibility for refund; amount.
- Section 40-17-124 - False or fraudulent claims.
- Section 40-17-125 - Department of Revenue authorized to adopt, promulgate, and enforce reasonable rules and regulations.
Article 3 Motor Carrier Fuel Tax.
- Section 40-17-140 - Definitions.
- Section 40-17-141 - Levy; amount of tax.
- Section 40-17-142 - Credit of payment of gasoline and motor fuel taxes.
- Section 40-17-144 - Penalty for false statements.
- Section 40-17-145 - Payment of tax.
- Section 40-17-146 - Disposition of proceeds of tax; appropriations.
- Section 40-17-147 - How amount of motor fuel used in state ascertained.
- Section 40-17-148 - Reports of motor carrier.
- Section 40-17-150 - Annual identification markers.
- Section 40-17-152 - Authority of commissioner to adopt rules and regulations.
- Section 40-17-153 - Exemptions from article.
- Section 40-17-154 - Article cumulative.
- Section 40-17-155 - Penalties.
- Section 40-17-160 - Flat fee on vehicles using liquefied petroleum gas or natural gas as fuel.
- Section 40-17-161 - Annual decal from Liquefied Petroleum Gas Board; reduced fee for vehicles acquired, etc., after September 30 and after December 31; ten-day application period after conversion; display of decal indicating use of liquefied petroleum gas as fuel; penalties.
- Section 40-17-162 - Remittance of flat fee and cost of decal; disposition of proceeds.
- Section 40-17-163 - Rules and regulations.
- Section 40-17-164 - Penalty for failure to timely obtain decal; disposition of penalty.
- Section 40-17-165 - Tax on out-of-state vehicles; remittance; purchase of decals for out-of-state vehicles.
- Section 40-17-166 - Exemption of certain vehicles from excise tax.
- Section 40-17-170 - Definitions.
- Section 40-17-171 - Levy; amount; certificates of exemption.
- Section 40-17-172 - Disposition of tax.
- Section 40-17-173 - Tax to apply whether withdrawal for use or sale.
- Section 40-17-174 - Wholesale dealers in illuminating, lubricating or fuel oils.
- Section 40-17-175 - Swearing to statement.
- Section 40-17-176 - Records of sales.
- Section 40-17-177 - Report of address by distributor, storer, retail dealer, or manufacturer.
- Section 40-17-178 - Penalty for failure to make reports or keep records.
- Section 40-17-179 - Duty of Department of Revenue to enforce provisions.
- Section 40-17-180 - Effect of acceptance of money on recovery of balance.
- Section 40-17-182 - Forms for reports.
- Section 40-17-185 - Restraint of violators.
- Section 40-17-186 - When statements to be rendered and tax paid.
- Section 40-17-200 - When report to be made by carriers.
- Section 40-17-201 - When reports to be made by warehousemen and transfer companies.
- Section 40-17-203 - Penalty for failure to comply.
- Section 40-17-220 - Levy, collection, and remittance of tax; exemptions; credit or refund.
- Section 40-17-221 - Administration of article and collection of tax.
- Section 40-17-222 - Distribution of tax proceeds derived from motor fuel.
- Section 40-17-223 - Distribution of tax proceeds derived from gasoline and lubricating oil.
- Section 40-17-224 - Use of net tax proceeds for highway purposes.
- Section 40-17-225 - Allocations of revenue collections.
- Section 40-17-270 - Definitions.
- Section 40-17-271 - Powers and authority of the Commissioner of the Department of Revenue.
- Section 40-17-272 - Provisions of agreement.
- Section 40-17-273 - Collection of taxes and fees; escrow.
- Section 40-17-274 - Disbursement.
- Section 40-17-275 - Audit.
- Section 40-17-300 - Definitions.
- Section 40-17-301 - Purposes.
- Section 40-17-302 - Eligibility for refund; amount.
- Section 40-17-303 - Filing and form of claim for refund.
- Section 40-17-304 - Time for filing claim.
- Section 40-17-305 - Payment of refund; appropriation.
- Section 40-17-306 - Powers of Commissioner of Revenue.
- Section 40-17-307 - Assessment of tractors for ad valorem tax.
- Section 40-17-308 - False or fraudulent claims.
- Section 40-17-320 - Short title.
- Section 40-17-321 - Legislative intent.
- Section 40-17-322 - Definitions.
- Section 40-17-323 - Promulgation of rules; reporting forms or format.
- Section 40-17-324 - Exchange of information with other states.
- Section 40-17-325 - Levy of excise tax; rates.
- Section 40-17-326 - Taxable activities; terminal operators deemed suppliers; tax to be added to selling price of motor fuel.
- Section 40-17-327 - Taxable unaccounted for motor fuel losses at a terminal.
- Section 40-17-328 - Fuels on which tax is levied; who is liable for tax.
- Section 40-17-329 - Exemptions.
- Section 40-17-330 - Refund petitions and claims.
- Section 40-17-331 - Floor-stocks tax on motor fuel.
- Section 40-17-332 - Licenses required.
- Section 40-17-333 - Application for license.
- Section 40-17-334 - Licensed permissive suppliers.
- Section 40-17-335 - Surety bond.
- Section 40-17-336 - Refusal to issue license; appeal.
- Section 40-17-337 - Issuance of license; nontransferability.
- Section 40-17-338 - Discontinuance of business by a licensee.
- Section 40-17-339 - Cancellation of license.
- Section 40-17-340 - Filing of monthly return and payment due.
- Section 40-17-341 - Remitting of taxes due to supplier or permissive supplier.
- Section 40-17-342 - Requirements for returns.
- Section 40-17-343 - Deductions from monthly return for payments not previously remitted; administrative discount.
- Section 40-17-344 - Payments held in trust for the state; notification of nonpayment.
- Section 40-17-345 - Import verification number; licensing.
- Section 40-17-346 - Monthly exporter returns.
- Section 40-17-347 - Monthly informational report of terminal operators; annual report.
- Section 40-17-348 - Monthly informational report of motor fuel transporter.
- Section 40-17-349 - Violations.
- Section 40-17-350 - Transportation of motor fuel; inspections.
- Section 40-17-351 - Civil penalties.
- Section 40-17-352 - Criminal penalties.
- Section 40-17-353 - Seizure of storage receptacles pending payment of taxes, interest, and penalties; sale of motor fuel; forfeiture of contraband.
- Section 40-17-354 - Recordkeeping.
- Section 40-17-355 - Refusal to permit inspection.
- Section 40-17-356 - Dyed diesel fuel.
- Section 40-17-357 - Preemption of local laws.
- Section 40-17-358 - Taxes to be borne by consumer and paid once.
- Section 40-17-359 - Distribution and use of proceeds.
- Section 40-17-360 - Disposition of aviation fuel proceeds.
- Section 40-17-361 - Disposition of diesel proceeds.
- Section 40-17-362 - Use of tax proceeds for highway purposes.
- Section 40-17-363 - Funding.
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