Alabama Code (Last Updated: November 28, 2014) |
Title40 REVENUE AND TAXATION. |
Chapter17. GASOLINE AND OTHER MOTOR FUELS; LUBRICATING OILS. |
Article 1. Motor Fuel Tax. |
§ 40-17-1. Definitions. |
§ 40-17-2. Levied; credit or refund. |
§ 40-17-5. Tax to be paid and statement rendered monthly. |
§ 40-17-6. Monthly statement to be sworn to. |
§ 40-17-7. Adequate records to be maintained. |
§ 40-17-8. Forms for statements and reports; cost of enforcement. |
§ 40-17-9. Failure to make reports or keep records. |
§ 40-17-13. Disposition of proceeds of tax. |
§ 40-17-14. Application for license for purchase, sale, withdrawal, etc.; bond. |
§ 40-17-18. Rules and regulations. |
§ 40-17-19. Effect on provisions of Article 2 of this chapter. |
§ 40-17-20. Restraint of violators of article. |
§ 40-17-22. Unlawful to sell for use or to use motor fuel upon which tax not paid; penalties. |
Article 2. Gasoline Tax. |
Division 1. General Provisions. |
§ 40-17-30. Definitions. |
§ 40-17-31. Levy and amount of tax; collection and distribution of proceeds. |
§ 40-17-32. By whom excise tax collected and paid over. |
§ 40-17-33. Report of sales and withdrawals. |
§ 40-17-34. Monthly statements to be sworn to. |
§ 40-17-35. Record of sales, withdrawals and distributions. |
§ 40-17-36. Report of address by distributor, refiner, storer, etc. |
§ 40-17-37. Penalty for failure to make reports or keep records. |
§ 40-17-38. Discount allowed to distributors, etc., licensed under Section 40-12-194. |
§ 40-17-39. Duty of Department of Revenue to enforce provisions. |
§ 40-17-40. Effect of acceptance of money on recovery of balance. |
§ 40-17-43. Department of Revenue to prescribe form of statements and reports. |
§ 40-17-45. Use of motor fuel upon which tax has not been paid. |
§ 40-17-49. Restraint of violators. |
§ 40-17-50. Cities and towns prohibited from levying new or additional tax on aviation fuel. |
§ 40-17-51. Municipalities and counties may provide that local tax be borne by consumer and paid to municipality or county but once. |
§ 40-17-52. Adjustment of taxes collected on sales across state line. |
Division 2. Distribution and Use of Proceeds. |
§ 40-17-70. Definitions. |
§ 40-17-71. Legislative intent. |
§ 40-17-72. Distribution of 45 percent of net tax proceeds. |
§ 40-17-73. Disposition of 55 percent of net tax proceeds. |
§ 40-17-74. Disposition of sums allocated and apportioned to counties. |
§ 40-17-74.1. Distribution of supplemental net tax. |
§ 40-17-75. Use of county portion to pay salaries of members of county governing bodies. |
§ 40-17-76. Payment of compensation of clerks of county governing bodies. |
§ 40-17-77. Effective date of census. |
§ 40-17-78. Use of net tax proceeds for highway purposes - Generally. |
§ 40-17-79. Use of net tax proceeds for highway purposes - Construction and maintenance of streets in municipalities. |
§ 40-17-80. Use of net tax proceeds for highway purposes - Construction and maintenance of highways and traffic control areas on school property. |
§ 40-17-81. State Treasurer to make allocations and distributions. |
§ 40-17-82. Preservation of prior pledges. |
Division 3. Refund on Gasoline Used for Agricultural Purposes. |
§ 40-17-100. "Gasoline used on the farm for agricultural purposes" defined. |
§ 40-17-101. Purpose of division. |
§ 40-17-102. Eligibility for refund; amount. |
§ 40-17-103. Filing and form of claim for refund. |
§ 40-17-104. Time for filing claim. |
§ 40-17-105. Payment of refund; appropriation. |
§ 40-17-106. Powers of Commissioner of Revenue. |
§ 40-17-107. Tractors owned by applicant to be assessed for ad valorem tax. |
§ 40-17-108. False or fraudulent claims. |
Division 4. Refund on Gasoline Used for Static Testing of Engines. |
§ 40-17-120. "Gasoline" defined. |
§ 40-17-121. Purpose of division. |
§ 40-17-122. Eligibility for refund; amount. |
§ 40-17-124. False or fraudulent claims. |
§ 40-17-125. Department of Revenue authorized to adopt, promulgate, and enforce reasonable rules and regulations. |
Division 5. Reduction of Rate of Taxation on Gasohol. |
Article 3. Motor Carrier Fuel Tax. |
§ 40-17-140. Definitions. |
§ 40-17-141. Levy; amount of tax. |
§ 40-17-142. Credit of payment of gasoline and motor fuel taxes. |
§ 40-17-144. Penalty for false statements. |
§ 40-17-145. Payment of tax. |
§ 40-17-146. Disposition of proceeds of tax; appropriations. |
§ 40-17-147. How amount of motor fuel used in state ascertained. |
§ 40-17-148. Reports of motor carrier. |
§ 40-17-150. Annual identification markers. |
§ 40-17-152. Authority of commissioner to adopt rules and regulations. |
§ 40-17-153. Exemptions from article. |
§ 40-17-154. Article cumulative. |
§ 40-17-155. Penalties. |
Article 3A. Liquefied Petroleum Gas Fuel Tax. |
§ 40-17-160. Flat fee on vehicles using liquefied petroleum gas or natural gas as fuel. |
§ 40-17-161. Annual decal from Liquefied Petroleum Gas Board; reduced fee for certain vehicles; ten-day application period after conversion; display of decals; penalties. |
§ 40-17-162. Remittance of flat fee and cost of decal; disposition of proceeds. |
§ 40-17-163. Rules and regulations. |
§ 40-17-164. Penalty for failure to timely obtain decal; disposition of penalty. |
§ 40-17-165. Tax on out-of-state vehicles; remittance; purchase of decals for out-of-state vehicles. |
§ 40-17-166. Exemption of certain vehicles from excise tax. |
§ 40-17-167. Decal requirement suspended. |
Article 4. Oils, Greases or Substitutes. |
§ 40-17-170. Definitions. |
§ 40-17-171. Levy; amount; certificates of exemption. |
§ 40-17-172. Disposition of tax. |
§ 40-17-173. Tax to apply whether withdrawal for use or sale. |
§ 40-17-174. Wholesale oil license fee; import license fee; exemption. |
§ 40-17-175. Swearing to statement. |
§ 40-17-176. Records of sales. |
§ 40-17-177. Report of address by distributor, storer, retail dealer, or manufacturer. |
§ 40-17-178. Penalty for failure to make reports or keep records. |
§ 40-17-179. Duty of Department of Revenue to enforce provisions. |
§ 40-17-180. Effect of acceptance of money on recovery of balance. |
§ 40-17-182. Forms for reports. |
§ 40-17-185. Restraint of violators. |
§ 40-17-186. When statements to be rendered and tax paid. |
Article 5. Records and Reports of Carriers and Warehouses. |
§ 40-17-200. When report to be made by carriers. |
§ 40-17-201. When reports to be made by warehousemen and transfer companies. |
§ 40-17-203. Penalty for failure to comply. |
Article 6. Additional Excise Tax on Gasoline, Motor Fuel and Lubricating Oil. |
§ 40-17-220. Lubricating oil excise tax; exemptions. |
§ 40-17-221. Administration of article and collection of tax. |
§ 40-17-222. Distribution of tax proceeds derived from motor fuel. |
§ 40-17-223. Distribution of tax proceeds derived from lubricating oil. |
§ 40-17-224. Use of net tax proceeds for highway purposes. |
§ 40-17-225. Allocations of revenue collections. |
Article 7. Exemption of Class 1 Municipalities from Oil, Gasoline and Diesel Fuel Taxes. |
§ 40-17-240. Exemption of Class 1 municipalities, boards of education, private and church schools, etc., from certain fuel taxes. |
Article 8. Exemption of Class 2 Municipalities From Oil, Gasoline and Diesel Fuel Taxes. |
§ 40-17-250. Exemption of Class 2 municipalities from oil, gasoline and diesel fuel taxes. |
Article 9. International Fuel Tax Agreement. |
§ 40-17-270. Definitions. |
§ 40-17-271. Powers and authority of the Commissioner of the Department of Revenue. |
§ 40-17-272. Provisions of agreement. |
§ 40-17-273. Collection of taxes and fees; escrow. |
§ 40-17-274. Disbursement. |
§ 40-17-275. Audit. |
Article 10. Discount for Distributors; Floor-stocks Tax. |
§ 40-17-290. Discount authorized. |
§ 40-17-291. Floor-stocks tax on motor fuel. |
Article 11. Refund on Gasoline Used for Agricultural Purposes. |
§ 40-17-300. Definitions. |
§ 40-17-301. Purposes. |
§ 40-17-302. Eligibility for refund; amount. |
§ 40-17-303. Filing and form of claim for refund. |
§ 40-17-304. Time for filing claim. |
§ 40-17-305. Payment of refund; appropriation. |
§ 40-17-306. Powers of Commissioner of Revenue. |
§ 40-17-307. Assessment of tractors for ad valorem tax. |
§ 40-17-308. False or fraudulent claims. |
Article 12. Alabama Terminal Excise Tax Act. |
§ 40-17-320. Short title. |
§ 40-17-321. Legislative intent. |
§ 40-17-322. Definitions. |
§ 40-17-323. Promulgation of rules; reporting forms or format. |
§ 40-17-324. Exchange of information with other states. |
§ 40-17-325. Levy of excise tax; rates. |
§ 40-17-326. Taxable activities; terminal operators deemed suppliers; tax to be added to selling price of motor fuel. |
§ 40-17-327. Taxable unaccounted for motor fuel losses at a terminal. |
§ 40-17-328. Fuels on which tax is levied; who is liable for tax. |
§ 40-17-329. Exemptions. |
§ 40-17-330. Refund petitions and claims. |
§ 40-17-331. Floor-stocks tax on motor fuel. |
§ 40-17-332. Licenses required. |
§ 40-17-333. Application for license. |
§ 40-17-334. Licensed permissive suppliers. |
§ 40-17-335. Surety bond. |
§ 40-17-336. Refusal to issue license; appeal. |
§ 40-17-337. Issuance of license; nontransferability. |
§ 40-17-338. Discontinuance of business by a licensee. |
§ 40-17-339. Cancellation of license. |
§ 40-17-340. Filing of monthly return and payment due. |
§ 40-17-341. Remitting of taxes due to supplier or permissive supplier. |
§ 40-17-342. Requirements for returns. |
§ 40-17-343. Deductions from monthly return for payments not previously remitted; administrative discount. |
§ 40-17-344. Payments held in trust for the state; notification of nonpayment. |
§ 40-17-345. Import verification number; licensing. |
§ 40-17-346. Monthly exporter returns. |
§ 40-17-347. Monthly informational report of terminal operators; annual report. |
§ 40-17-348. Monthly informational report of motor fuel transporter. |
§ 40-17-349. Violations. |
§ 40-17-350. Transportation of motor fuel; inspections. |
§ 40-17-351. Civil penalties. |
§ 40-17-352. Criminal penalties. |
§ 40-17-353. Seizure of storage receptacles pending payment of taxes, interest, and penalties; sale of motor fuel; forfeiture of contraband. |
§ 40-17-354. Recordkeeping. |
§ 40-17-355. Refusal to permit inspection. |
§ 40-17-356. Dyed diesel fuel. |
§ 40-17-357. Preemption of local laws. |
§ 40-17-358. Taxes to be borne by consumer and paid once. |
§ 40-17-359. Distribution and use of proceeds. |
§ 40-17-360. Disposition of aviation fuel proceeds. |
§ 40-17-361. Disposition of diesel proceeds. |
§ 40-17-362. Use of tax proceeds for highway purposes. |
§ 40-17-363. Funding. |