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2012 Code of Alabama
Title 40 - REVENUE AND TAXATION.
Chapter 18 - INCOME TAXES.
Article 1 General Provisions.- Section 40-18-1 - Definitions.
- Section 40-18-1.1 - Operating rules.
- Section 40-18-2 - Levied; persons and subjects taxable generally.
- Section 40-18-2.1 - Income of foreign missionary exempt.
- Section 40-18-3 - Income of officers or agents of the United States, etc.
- Section 40-18-4 - Interest or other income received from obligations of the United States or its possessions, agencies or instrumentalities.
- Section 40-18-5 - Tax on individuals.
- Section 40-18-6 - Gain or loss - Basis of property; adjusted basis.
- Section 40-18-7 - Gain or loss - Determination of amount.
- Section 40-18-8 - Gain or loss - Recognition.
- Section 40-18-9 - Gain or loss - Optional method for returning as income increases in redemption value of securities purchased at a discount.
- Section 40-18-11 - Inventory.
- Section 40-18-12 - Net income of individuals - Defined.
- Section 40-18-13 - Computation of income.
- Section 40-18-14 - Adjusted gross income of individuals.
- Section 40-18-14.1 - Deferred compensation plans.
- Section 40-18-14.2 - Adjusted gross income.
- Section 40-18-14.3 - Gross income - Discount and interest.
- Section 40-18-15 - Deductions for individuals generally.
- Section 40-18-15.1 - Net income taxable income defined - Generally.
- Section 40-18-15.2 - Net operating loss.
- Section 40-18-15.3 - Deductions for health insurance premiums.
- Section 40-18-15.4 - Deductions for certain retrofitting or upgrades to homes - Residence in Alabama Insurance Underwriting Association zone.
- Section 40-18-15.5 - Deductions for certain retrofitting or upgrades to homes - Residence in Alabama.
- Section 40-18-16 - Depreciation.
- Section 40-18-17 - Items not deductible.
- Section 40-18-18 - Amortization of war or emergency facilities.
- Section 40-18-19 - Exemptions - Generally.
- Section 40-18-19.1 - Exemptions for severance, unemployment compensation, etc.
- Section 40-18-19.2 - Exemption of certain death benefit payments for peace officer or fireman killed in line of duty.
- Section 40-18-20 - Exemptions - Military retirement benefits.
- Section 40-18-21 - Credits for taxes paid on income from sources outside the state and for job development fees.
- Section 40-18-21.1 - Annual report of credits claimed for taxes paid to foreign countries.
- Section 40-18-22 - Taxpayers engaged in multistate business - Allocation and apportionment of deductions and exemptions.
- Section 40-18-23 - Taxpayers engaged in multistate business - Option of certain taxpayers to report and pay tax on basis of percentage of volume.
- Section 40-18-24 - Taxation of subchapter K entity.
- Section 40-18-24.1 - Composite return and payment by nonresident owner of subchapter K entity.
- Section 40-18-24.2 - Taxation of pass-through entities.
- Section 40-18-24.3 - Taxation on distributive share of interest, dividends, etc., of nonresident member of qualified investment partnership. THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2009 REGULAR SESSION, EFFECTIVE MARCH 24, 2009. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
- Section 40-18-25 - Estates and trusts.
- Section 40-18-25.1 - Estates and trusts - Exemptions.
- Section 40-18-25.2 - Estates and trusts - Deductions from gross income of net operating loss.
- Section 40-18-27 - Individual taxpayer's returns; liability of innocent spouse.
- Section 40-18-26 - Information from source of income.
- Section 40-18-28 - Returns of subchapter K entities and single member limited liability companies.
- Section 40-18-29 - Fiduciary returns.
- Section 40-18-30 - Return when accounting period changes.
- Section 40-18-31 - Corporate income tax - Generally.
- Section 40-18-31.1 - Election for foreign corporations to classify dividend income from certain subsidiaries as business or nonbusiness income.
- Section 40-18-32 - Corporate income tax - Exemptions.
- Section 40-18-33 - Corporate income tax - Taxable income.
- Section 40-18-34 - Additions required by corporations.
- Section 40-18-35 - Deductions allowed to corporations.
- Section 40-18-35.1 - Carry forward of net operating losses.
- Section 40-18-36 - Distributions by corporations.
- Section 40-18-37 - Items not deductible by corporations.
- Section 40-18-38 - Additional deductions allowed for corporations; credits.
- Section 40-18-39 - Corporate returns.
- Section 40-18-40 - Tax to be reported on forms; department may assess additional tax penalty or interest.
- Section 40-18-41 - Amortization of ad valorem tax.
- Section 40-18-42 - Time and methods of payment of tax.
- Section 40-18-44 - Installment method.
- Section 40-18-50 - Penalty for failure to make return within time specified.
- Section 40-18-51 - Applicability of lien provisions; disposition of collections; collection prior to delinquency.
- Section 40-18-53 - Inspection of returns by federal or foreign state agents.
- Section 40-18-54 - Supervision of assessment and collection.
- Section 40-18-55 - Statement to be furnished by taxpayer.
- Section 40-18-56 - Furnishing sworn statement of annual return of income to department; penalties for failure to comply; limitations on inspection of taxpayer's records.
- Section 40-18-57 - Rules to be promulgated by Department of Revenue.
- Section 40-18-58 - Appropriation.
- Section 40-18-59 - Additional appropriations.
Division 1 General Provisions.
- Section 40-18-70 - Definitions.
- Section 40-18-71 - Withholding tax.
- Section 40-18-72 - Included and excluded wages.
- Section 40-18-73 - Withholding certificates.
- Section 40-18-73.1 - Provisional employers.
- Section 40-18-74 - Payment of amounts withheld.
- Section 40-18-75 - Statement to be furnished employee.
- Section 40-18-76 - Liability for tax withheld.
- Section 40-18-77 - Refund to employer.
- Section 40-18-78 - Credit for tax withheld.
- Section 40-18-79 - Overpayment of tax; credit or refund available.
- Section 40-18-80 - (Effective for tax years beginning after December 31, 2009) Payment of estimated tax by individuals.
- Section 40-18-80.1 - (Effective for tax years beginning after December 31, 2009) Payment of estimated tax by corporations.
- Section 40-18-81 - Optional short form tax.
- Section 40-18-82 - (Repealed effective for tax years beginning after December 31, 2009) Estimated tax.
- Section 40-18-83 - (Repealed effective for tax years beginning after December 31, 2009) Payment of estimated tax.
- Section 40-18-83.1 - (Repealed effective for tax years beginning after December 31, 2009) Declaration and payment of estimated tax by corporations.
- Section 40-18-84 - Adjusted gross income.
- Section 40-18-85 - (Repealed effective for tax years beginning after December 31, 2009) Estates and fiduciaries.
- Section 40-18-86 - Sale or transfer of real property and associated tangible property by nonresidents.
- Section 40-18-100 - Definitions.
- Section 40-18-101 - Remedy additional.
- Section 40-18-102 - Collection of debts by setoff.
- Section 40-18-103 - Procedure for setoff and notification of taxpayer.
- Section 40-18-104 - Hearing procedure.
- Section 40-18-105 - Finalization and notice of setoff.
- Section 40-18-106 - Priority.
- Section 40-18-107 - Commissioner may provide claimant agency information; confidentiality of information.
- Section 40-18-108 - Effect of setoff on refund.
- Section 40-18-109 - Issuance by State Treasurer of separate warrants.
- Section 40-18-110 - Payment of fee.
- Section 40-18-120 - Active solar energy tax credits.
- Section 40-18-121 - Passive solar energy tax credits.
- Section 40-18-130 - Legislative intent.
- Section 40-18-131 - Definitions.
- Section 40-18-132 - Physicians qualifying for credit; time limit; promulgation of rules.
- Section 40-18-135 - Definitions.
- Section 40-18-136 - Credit to employer.
- Section 40-18-137 - Credit limited to income tax liability.
- Section 40-18-138 - Rules regarding procedures for approving education programs.
- Section 40-18-139 - Reimbursement to employer.
- Section 40-18-140 - (EFFECTIVE TAX YEARS AFTER DECEMBER 31, 2012) Contribution designations.
- Section 40-18-141 - Arts Development Fund - Established; appropriation; distribution of funds.
- Section 40-18-142 - Alabama Nongame Wildlife Program - Legislative declarations and intent.
- Section 40-18-143 - Alabama Nongame Wildlife Program - Contribution designation form.
- Section 40-18-144 - Alabama Nongame Wildlife Program - Appropriation.
- Section 40-18-145 - Alabama Nongame Wildlife Program - Implementation; no rights of Department of Conservation and Natural Resources.
- Section 40-18-146 - Political party defined; designated contribution by taxpayers filing state income tax return; disposition of contributions.
- Section 40-18-147 - Alabama Aging Program.
- Section 40-18-148 - Alabama Veterans' Home Program; legislative intent; designation form; appropriation.
- Section 40-18-149 - Alabama Indian Affairs Commission - Contribution designation.
- Section 40-18-150 - Foster Care Trust Fund - Contribution designation.
- Section 40-18-151 - Alliance for the Mentally Ill of Alabama and Mental Health Consumers of Alabama - Contribution designation.
- Section 40-18-152 - Alabama Breast and Cervical Cancer Research - Program Contribution designation.
- Section 40-18-153 - Alabama 4-H Club Foundation, Incorporated.
- Section 40-18-154 - Alabama Military Support Foundation, Inc. - Contribution designation.
- Section 40-18-155 - Alabama Firefighters Annuity and Benefit Fund.
- Section 40-18-156 - Alabama Veterinary Medical Foundation for the Spay-Neuter Program.
- Section 40-18-157 - Alabama Association of Rescue Squads.
- Section 40-18-160 - General provisions.
- Section 40-18-161 - Determination of taxable income.
- Section 40-18-162 - Determination of tax of shareholder.
- Section 40-18-163 - Adjustments for services rendered or capital furnished by spouse, etc., of shareholder or beneficiary.
- Section 40-18-164 - Increase or decrease in basis of shareholder's stock; special rules.
- Section 40-18-165 - Distribution of property generally.
- Section 40-18-166 - "Accumulated adjustments account" defined; application generally; "S period" defined; applicability of subdivision (c)(1) of Section 40-18-165 to certain distributions; "affected shareholder" defined.
- Section 40-18-167 - Applicability of chapter.
- Section 40-18-168 - "Carryforward" and "carryback" provisions.
- Section 40-18-169 - Adjustments to earnings and profits.
- Section 40-18-170 - Circumstances under which corporation treated as partnership; "two-percent shareholder" defined.
- Section 40-18-171 - Determination of shareholder's pro rata share; "affected shareholders" defined.
- Section 40-18-172 - "Post-termination transition period" and "determination" defined.
- Section 40-18-173 - Interpretation of article generally.
- Section 40-18-174 - Tax imposed on certain built-in gains.
- Section 40-18-175 - Tax imposed when passive investment income of corporation having subchapter C earnings and profits exceeds 25 percent of gross receipts.
- Section 40-18-176 - Nonresident shareholder composite returns.
- Section 40-18-190 - Definitions.
- Section 40-18-191 - Filing with department written statement of intent to claim credit.
- Section 40-18-192 - Effect of compliance with requirements; agreements specifying method by which income generated and allocation of credit.
- Section 40-18-193 - Qualifications for capital credits.
- Section 40-18-193.1 - Applicabilty to gaming facilities.
- Section 40-18-194 - Entities allowed capital credit.
- Section 40-18-195 - Capital credit not to exceed capital costs of project.
- Section 40-18-195.1 - Capital credits and abatements under 2007 North American Classification System Industry Group 2121.
- Section 40-18-196 - Department to report annually.
- Section 40-18-197 - Department to adopt regulations and to audit companies.
- Section 40-18-198 - Officer to file affidavit with department.
- Section 40-18-199 - State Industrial Development Authority not to grant credits except for certain entities.
- Section 40-18-200 - Entities approved by State Industrial Development Authority prior to January 16, 1995, may elect to receive credit under article.
- Section 40-18-201 - Companies to maintain records; regulations concerning determination of income.
- Section 40-18-202 - Availability of capital credits for new projects after December 31, 1998.
- Section 40-18-202.1 - Availability of capital credits after December 31, 2018.
- Section 40-18-203 - Provisions to govern administration of article.
- Section 40-18-205 - Short title.
- Section 40-18-206 - Definitions.
- Section 40-18-207 - Statement of intent to file for tariff card.
- Section 40-18-208 - Recommendation and approval; Notice of Tariff Credit.
- Section 40-18-209 - Availability of tariff credit on pass-through basis.
- Section 40-18-210 - Relation to Article 7 of this chapter.
- Section 40-18-211 - Filing requirements.
- Section 40-18-212 - Annual report.
- Section 40-18-213 - Rules and regulations; fees; audit.
- Section 40-18-214 - Availability of tariff credits; tariff costs treated as income; minimum employment level.
- Section 40-18-215 - Implementation and administration of article.
- Section 40-18-220 - Credit for corporations producing coal mined in Alabama.
- Section 40-18-221 - Department to promulgate and issue rules and regulations.
- Section 40-18-240 - Definitions.
- Section 40-18-241 - Written statement of intent to claim credit.
- Section 40-18-242 - Written agreements with department.
- Section 40-18-243 - Availability of credit on pass-through basis.
- Section 40-18-244 - Credits not to exceed costs.
- Section 40-18-245 - Report to Legislature.
- Section 40-18-246 - Regulations; periodic audits.
- Section 40-18-247 - Affidavit of compliance.
- Section 40-18-248 - Maintenance of records; promulgation of regulations.
- Section 40-18-249 - Availability of credit after December 31, 2005.
- Section 40-18-250 - Administration of article.
- Section 40-18-270 - Short title.
- Section 40-18-271 - Deduction for businesses that hire certain unemployed persons.
- Section 40-18-272 - Adoption of rules.
- Section 40-18-290 - Short title.
- Section 40-18-291 - Definitions.
- Section 40-18-292 - Legislative findings.
- Section 40-18-293 - Alabama income and financial institution excise tax credit.
- Section 40-18-310 - Definitions.
- Section 40-18-311 - Income tax deduction; contributions to catastrophe savings account.
- Section 40-18-312 - Distributions from catastrophe savings account; additional tax.
- Section 40-18-313 - Promulgation of rules.
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