Chapter23. SALES AND USE TAXES.  


Article 1. Sales Tax.
Division 1. General Provisions.
§ 40-23-1. Definitions; transactions considered or not considered sales.
§ 40-23-2. Tax levied on gross receipts; certain sales exempt; disposition of funds.
§ 40-23-2.1. Only one municipal or county sales, etc., tax collected on same sale; payment to improper locality.
§ 40-23-3. Exclusion of certain municipal privilege license taxes.
§ 40-23-4. Exemptions.
§ 40-23-4.1. Certain drugs exempt.
§ 40-23-4.2. Food stamp purchases exempt.
§ 40-23-4.3. Exemption form for certain agricultural purposes.
§ 40-23-4.4. Exemption form for equipment for certain commercial fishing vessels.
§ 40-23-5. Certain organizations and vendors exempt from payment of state, county and municipal sales and use taxes.
§ 40-23-6. License required to engage in business.
§ 40-23-7. Taxes due monthly; filing of reports; estimated payments authorized; election to file quarterly; extension of time for making return.
§ 40-23-8. Cash sales and credit collections to be reported.
§ 40-23-9. Records to be kept.
§ 40-23-10. Reports under oath.
§ 40-23-11. Penalty for failure to make reports or keep records.
§ 40-23-12. Penalty for willful refusal to make reports or permit examination of records.
§ 40-23-24. Itinerant vendors to file bond.
§ 40-23-25. Person selling out or quitting business to file return; part of purchase money to be withheld.
§ 40-23-26. Tax to be added to purchase price; refund unlawful; tax a direct tax on retail consumer.
§ 40-23-27. Violator may be restrained from continuing in business.
§ 40-23-28. Sales tax an additional tax.
§ 40-23-30. Administration and enforcement of division; appointment, etc., of agents, etc.
§ 40-23-31. Department to make rules and regulations.
§ 40-23-34. Proceeds of tax to be deposited in Treasury.
§ 40-23-35. Disposition of revenues from tax.
§ 40-23-36. Discounts.
§ 40-23-37. Agricultural machinery and equipment - Tax imposed; rate.
§ 40-23-38. Agricultural machinery and equipment - Enforcement; application of administrative provisions of this division.
§ 40-23-39. Refund of sales taxes paid on certain property purchased in state for export to foreign country; certain passenger vehicles and trucks exempt from sales and use taxes.
Division 2. Street and Highway Contractors.
§ 40-23-50. Tax levied; collection and enforcement.
Article 2. Use Tax.
§ 40-23-60. Definitions.
§ 40-23-61. Property taxed; persons liable.
§ 40-23-62. Exemptions.
§ 40-23-63. Agricultural machinery or equipment - Tax imposed; rate; who liable.
§ 40-23-64. Agricultural machinery or equipment - Enforcement; application of administrative provisions of article.
§ 40-23-65. Credit for sales or use tax paid to another state.
§ 40-23-66. Retail sellers to register and give information.
§ 40-23-67. Seller to collect tax; seller not to assume or absorb tax.
§ 40-23-68. Seller to file returns.
§ 40-23-74. Extension of time for making return.
§ 40-23-75. Deposit of security.
§ 40-23-77. Discount; distribution and expenditure.
§ 40-23-82. Final return of retailer selling out; purchaser to retain part of purchase money.
§ 40-23-83. Records to be kept; enforcement of article; promulgation of regulations, etc.
§ 40-23-85. Disposition of funds derived from tax.
§ 40-23-88. Penalties.
Article 3. Taxes on Sale, Storage, and Use of Automotive Vehicles, Motorboats, Truck Trailers, etc.
§ 40-23-100. Definitions.
§ 40-23-101. Sales tax levied on automotive vehicles, motorboats, truck trailers, manufactured homes, etc.; additional receipts and taxes collected.
§ 40-23-102. Excise tax levied on storage or use of automotive vehicles, motorboats, truck trailers, manufactured homes, etc.; additional receipts and taxes collected.
§ 40-23-103. Sales tax levied on sale price less credit for trade-in.
§ 40-23-104. Collection of taxes before registration or licensing; proof of purchase price; proof of payment of tax.
§ 40-23-105. Applicability of certain Title 40 provisions.
§ 40-23-106. Reciprocity.
§ 40-23-107. Fees.
§ 40-23-108. Disposition of funds.
§ 40-23-110. Penalty for failure to pay tax.
§ 40-23-111. Authority to adopt and enforce rules and regulations.
Article 3A. Tax on Boat Buyers.
Article 4. Violation of Tax Exempt Privilege.
§ 40-23-120. Good faith violations.
§ 40-23-121. Authorization to collect or recover sales taxes due on illegal purchases.
Article 5. Taxes on Sale of Gasoline and Motor Fuel.
§ 40-23-130. Calculation of municipal or county gross receipts tax.
Article 6. Tax on Remote Sellers.
Division 1. Application and Implementation.
§ 40-23-150. Education Trust Fund Rainy Day Account.
Division 2. Delegation to Discuss Sales and Use Tax Collection From Remote Sales.
§ 40-23-170. Legislative findings.
§ 40-23-171. Definitions.
§ 40-23-172. Delegates for participation in multistate discussions.
§ 40-23-173. Duties of delegates; agreement.
§ 40-23-174. Distribution of proceeds.
Division 3. Conditions for Remote Entity Nexus.
§ 40-23-190. Conditions for remote entity nexus.
Division 4. Alabama Streamlined Sales and Use Tax Commission.
§ 40-23-200. Definitions.
§ 40-23-201. Creation; composition; meetings.
§ 40-23-202. Duties.
§ 40-23-203. Report; implementation and administration of recommendations.
§ 40-23-204. Recommended changes in existing tax laws.
§ 40-23-205. Funding.
Article 7. School Items Annual Sales Tax Holiday.
§ 40-23-210. Definitions.
§ 40-23-211. Tax exemption on covered items.
§ 40-23-212. Rules and regulations.
§ 40-23-213. County and municipal exemptions authorized.
Article 8. Severe Weather Preparedness Tax Holiday.
§ 40-23-230. Definitions.
§ 40-23-231. Tax exemption on covered items.
§ 40-23-232. Rules and regulations.
§ 40-23-233. County and municipal exemptions authorized.
Article 9. Optional Network Election for Single Point Online Transactions.
§ 40-23-240. Development and implementation of system.
§ 40-23-241. Authorization of system; jurisdictional requirements; use by taxpayers; penalties and interest.
§ 40-23-242. State and Local Advisory Committee.
§ 40-23-243. Construction of article.