Alabama Code > Title 40 > Chapter 21 > Article 3 – Utility Gross Receipts Tax. The amount of the tax shall be determined by the application of rates against gross sales or gross receipts, as the case may be, from the furnishing of such services in the State of Alabama. 2006-552 requires payments that are $750 or greater to be made electronically through an Electronic Funds Transfer (EFT) method. The Archives Services Fund was the low performer, receiving a total of $15 from three contributors. Broadcast Surcharge Fee – Time Warner Cable Business Class collects this fee to defray the costs of providing access to local broadcast or network affiliated stations. Individual tax returns totaled 2,139,463, of which 1,877,239 were filed online and 1,193,337 were sent by a paid preparer, the report said. The tax shall be computed monthly with respect to each person to whom such services are furnished, in accordance with the following table: The Department of Revenue of the State of Alabama. Sales Tax; Rental Tax; Sellers Use Tax; Lodgings Tax; Utility Gross Receipts Tax; Simplified Sellers Use Tax; Prior to 2020, tax licenses did not expire. For more detailed codes research information, including annotations and citations, please visit Westlaw. Water used in industrial manufacturing in which 50 percent or more is used in industrial processing is also exempt from the utility gross receipts tax. Section 40-21-80 - Definitions. Begin typing to search, use arrow keys to navigate, use enter to select. Section 40-21-81 - Legislative intent. Gross receipts taxes, also known as “turnover taxes,” have returned as a revenue option for policymakers after being dismissed for decades as inefficient and unsound tax policy. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. 2016 Code of Alabama Title 40 - REVENUE AND TAXATION. Relating to the utility gross receipts tax; to amend Section 40-21-82.1 of the Code of Alabama 1975, to exempt the Floyd Cherokee Medical Center LLC from the tax. A new departmental rule (810-6-5-.01-.01) that became effective in February created the renewal process. Utility Gross Receipts Tax Exemptions. Matt Armbruster helps others turn their lives around. (12) USE. Article 3 - Utility Gross Receipts Tax. “No doubt, 2020 has offered its share of challenges, but the department uncovered many opportunities as well,” Department of Revenue Commissioner Vernon Barnett wrote in a cover letter to Alabama Gov. Gross receipts taxes impact firms with low profit margins and high production volumes, as the tax does not account for a business’ costs of production, as a corporate income tax would. Report Says Lawyers Will Discover a New Normal in 2021, 2021 May Bring Pro-Labor and Unionization Movement in Tech. b. The gross receipts tax doesn't deduct expenses. An Alabama utility/mobile Communication Services tax Certificate of exemption shall be used by persons, firms, or corporations coming under the provisions of the utility Gross receipts tax and mobile Communication Services tax statutes who are not required to have a utility tax and/or mobile communication services tax license. It is a graduated rate based on a company’s federal taxable income, ranging from 25 cents to $1.75 for each $1,000 of net worth. Act #2001-1090 further provides that on or after February 1, 2002, the utility furnishing such telegraph or telephone services shall be entitled to deduct and retain from the gross amount of tax billed by the utility 9/10 of 1% of the amount of such tax billed in consideration of the costs incurred by the ut ility in collecting and remi tting the tax levied by subsection 40-21-82(b). Five states impose gross receipts taxes statewide, while eight more considered proposals to enact a gross … The amount of the tax shall be determined by the application of rates against gross sales or gross receipts, as the case may be, from the furnishing of such services in the State of Alabama. (a) For the purpose of this article, the following terms shall have the respective meanings ascribed by this section: (1) DEPARTMENT. The following tax types will be required to renew the State of Alabama Tax License each year: Sales Tax; Rental Tax; Sellers Use Tax; Lodgings Tax; Utility Gross Receipts Tax; Simplified Sellers Use Tax The tax shall be computed monthly with respect to each person to whom such services are furnished, in accordance with the following table: 6.7% of such gross sales or gross receipts. For the first time, Alabama’s incentives cover capitalized replacement and maintenance property, as follows. Rule 810-1-6-.12 entitled “Taxes Required to be Filed Electronically” mandates electronic filing and lists the tax returns that are required to be filed electronically.Effective October 1, 2006, Act No. Delinquent collections hit a record $131 million. Under existing law, a utility gross receipts tax is levied on utility services. “Thanks to your continued leadership and support and the hard work of so many dedicated department employees, we’ve successfully navigated the rough waters, full steam ahead, ensuring that the essential work of the department continued despite the challenges posed by the coronavirus (COVID-19) pandemic.”. The business privilege tax for companies to do business in Alabama brought in a record amount of nearly $150 million. Alabama Code Title 40. The My Alabama Taxes website will let owners verify or update their business information in order to generate a new license. How Far Does the First Amendment Go to Protect Violent Speech? Utility Gross Receipts Tax Simplified Sellers Use Tax Taxpayers will renew licenses online at the Alabama Department of Revenue website. Water used in industrial manufacturing in which 50 percent or more is used in industrial processing is also exempt from the utility gross receipts tax. Kay Ivey. About 1.3 million taxpayers itemized deductions. The tax is calculated based on gross sales, at 4% for receipts of $40,000 or less and $2,200 plus 2% of excess over $60,000 for companies having over $60,000 in sales. The amount of the tax shall be determined by the application of rates against gross sales or gross receipts, as the case may be, from the furnishing of such services in the State of Alabama. Beginning with bills dated on or after April 1, 2002, the tax shall be computed at the rate of six percent on all gross sales or gross receipts. Political contributions were made through checkoffs by 19,384 taxpayers, with 11,298 giving a total of $15,915 to the Republican Party and 8,086 giving $9,917 to the state Democratic Party. Additionally, rates for taxes on gross receipts tend to be lower than sales tax rates although they often are applicable to more transactions. The tax shall be computed monthly with respect to each person to whom such services are furnished, in accordance with the following table: They must provide specific information to … Alabama law (Sections 40-21-83 and 40-21-103) allows exclusions from the utility gross receipts tax and the utility service use tax if electricity or natural gas is used in an electrolytic or electro-thermal manufacturing or compounding process. Alabama - Per Article 3 of the code of Alabama, the state has imposed this type of tax on most utilities. Service where all customer channel termination points are located entirely within one jurisdiction is sourced to the jurisdiction in which the customer channel termination points are located. The rate cannot exceed 3 percent. State of Alabama revenues reached an all-time high in the midst of the pandemic, with $12.2 billion collected in 2020, an increase of more than $2.3 billion from five years ago, state officials said in a report released this week. So, unlike the gross receipts tax, the VAT tax isn't really a tax on businesses but on consumers. (4) A sale of private communication service is sourced as follows: a. Gross receipts tax is paid by the business rather than by its customers and typically does not exempt many of the products and services that a sales tax law does. (d) The provisions of subsection (c) do not create any customer right to require that, for purposes of determining the amount of tax applicable to a transaction, either the utility or the department allocate or attribute the bundled charge to the different portions of the transaction in order to minimize the amount of tax charged to the customer. Their appeal comes as many states are looking to replace revenue lost by eroding corporate income tax bases and as a way to limit revenue volatility. Sales tax collections were a record $2.5 billion, up about $50 million from 2019. The financial institution excise tax brought in $150 million, of which $74 million was distributed to the state General Fund, cities and counties, which was a drop from the $81 million distributed in 2019. The taxpayer’s business information must be verified and/or updated, which can be done on the My Alabama Taxes website. The tax shall be computed monthly with respect to each person to whom such services are furnished, in accordance with the following table: (b) There is hereby levied a privilege or license tax against every utility furnishing telegraph or telephone services in the State of Alabama. Those licenses included sales tax, rental tax, lodgings tax, sellers use tax, utility gross receipts tax, and Simplified Sellers Use Tax licenses. The minimum tax is $100 and maximum for most companies is $15,000, although financial and insurance companies are subject to a maximum $3 million. d. Service for segments of a channel located in more than one jurisdiction or levels of jurisdiction and which segments are not separately billed is sourced in each jurisdiction based on the percentage determined by dividing the number of customer channel termination points in such jurisdiction by the total number of customer channel termination points. (2) DOMESTIC WATER. Revenue and Taxation Section 40-21-53. Read the code on FindLaw , . Section 40-21-80 - Definitions. Other states have franchise taxes, which are similar to income taxes… The amount of the tax shall be determined by the application of rates against gross sales or gross receipts, as the case may be, from the furnishing of such services in the State of Alabama. Copyright © 2021, Thomson Reuters. Ivey on March 23, 2020, declared a state of emergency that allowed the Department of Revenue to provide relief to taxpayers, extending filing deadlines until July 15. Sales tax is a percentage of the purchase of certain goods and services that … Several states in the United States have imposed gross receipts taxes. This bill would exempt the Floyd Cherokee Medical Center LLC from the utility gross receipts tax. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Revenue and Taxation § 40-21-82 on Westlaw, industry-leading online legal research system. Beginning November 1, 2020, businesses that hold an Alabama Sales Tax, Rental Tax, Sellers Use Tax, Lodgings Tax, Simplified Sellers Use Tax and/or Utility Gross Receipts Tax account(s) are required to renew those licenses annually for the next tax year. Business and license tax collections surpassed $1 billion for the first time, breaking the 2018 record by about $92 million. Sewer costs are not taxed. However, the list does not include either consumers use tax licenses or so-called direct pay permits. Business taxpayers are required to file their returns electronically using My Alabama Taxes (MAT). We recommend using Despite the challenges of the pandemic, APSO members found ways to honor King's legacy. The utility gross receipts tax levied on all companies furnishing electricity, water, gas, telephone or telegraph services garnered a record $420 million. (2) Except for the defined telegraph or telephone services in subdivisions (3) and (4), the sale of telephone service sold on a basis other than a call-by-call basis is sourced to the customer's place of primary use. The 2020 distribution to the state general fund was $14.9 million and the 16 counties served by the TVA in north Alabama will share allotments from a total of $72.6 million. Another way to get Alabama NewsCenter content. Service for a separate charge related to a customer channel termination point is sourced to each level of jurisdiction in which such customer channel termination point is located. Chapter 21 - PUBLIC UTILITIES. Cigarette tax collections were down for the first time in five years, falling to $162 million, nearly $20 million below 2016. Utility Gross Receipts Tax: 40-21-80 – 40-21-88: Article 4: Utility Service Use Tax: 40-21-100 – 40-21-107: Article 5: Cellular Radio Telecommunication Services Tax: 40-21-120 – 40-21-126: Terms Used In Alabama Code > Title 40 > Chapter 21. Internet Explorer 11 is no longer supported. No other group topped $20,000. Credits may offset income, utility gross receipts, insurance, and bank taxes, including taxes owed by existing operations. There are specifically excluded from the gross receipts or gross sales of a utility, all revenues derived from any of the following: (1) The furnishing of utility services which the State of Alabama is prohibited from taxing under the Constitution or laws of the United … (3) The sale of post-paid calling service is sourced to the origination point of the telecommunications signal as first identified by either a. the seller's telecommunication system, or b. information received by the seller from its service provider, where the system used to transport such signal is not that of the seller. c. Service for segments of a channel between two customer channel termination points located in different jurisdictions and which segments of channel are separately charged is sourced 50 percent in each level of jurisdiction in which the customer channel termination points are located. Sales taxes comprised 38%, business and license taxes 9%, property taxes 4% and motor vehicle fees 1%, Barnett’s report said. Google Chrome, The utility furnishing such telegraph or telephone services shall be entitled to deduct and retain from the gross amount of tax billed by the utility nine-tenths of one percent of the amount of such tax billed on or after February 1, 2002, in consideration of the costs incurred by the utility in collecting and remitting the tax levied by this subsection;  provided, however, that on and following October 1, 2002, the amount deducted and retained by such utility shall be one-fourth of one percent of the gross amount of such tax billed. Utility gross receipts tax; Simplified Sellers Use Tax; The renewal process must be completed on an annual basis in order to generate a new license each year. These taxes can be particularly severe for start-ups and entrepreneurs, who typically post losses in early years while still owing gross receipts payments. Firefox, or There are several exemptions from the utility gross receipts tax. Utility Gross Receipts License Tax The utility gross receipts license (UGRL) tax for schools is assessed on gross receipts derived from the furnishing of utility services and/or cable services within a school district. “The department quickly and fully embraced the changes needed to collect, account for and distribute record revenue collections,” Barnett said. Microsoft Edge. Sales Tax. Any keeping or retention in the State of Alabama of utility services for any purpose, except sale in the regular course of business or subsequent use solely outside the State of Alabama. Section 40-21-82 - Levy of tax; sourcing of gross sales or gross receipts from telegraph or telephone services. Corporate income tax is limited to no more than 6.5%, and corporations can deduct from the full apportioned amount of Alabama taxes paid. The biggest differences came in diesel and gasoline increases, which accounted for about $165 million more than in 2019. Business licenses issued statewide fell to 227,343 in 2020, the least since 2016, but fees collected were the third-highest, behind 2018 and 2016. The tax is calculated based on gross sales, at 4% for receipts of $40,000 or less and $2,200 plus 2% of excess over $60,000 for companies having over $60,000 in sales. Section 40-21-80Definitions. The report said $14.6 million was distributed to the Special Mental Health Trust Fund and the remainder of the tax revenue went to the Education Trust Fund. The 197 local sales, use, rental and lodgings taxes are collected from 160 localities, the report said. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. Property tax collections in 2020 totaled $3.1 billion and were highest in Jefferson County at $788 million, followed by Mobile County at $306 million, Madison at $263 million, Shelby at $198 million and Baldwin County at $167 million. The department sent 275,000 emails to businesses describing the steps to apply for Paycheck Protection Program loans and opened a Revive Alabama hotline and webpage to assist. Alabama Utility Gross Receipts Tax – This is a state tax on the purchase of telecommunications and telephone services. (c) If charges for a nontaxable service are aggregated with and not separately stated from charges for telephone or telegraph service that are subject to taxation, then the charges for the nontaxable service are subject to taxation unless the utility can reasonably identify the charges not subject to taxation from its books and records that are kept in the regular course of business. Additionally, Alabama law allows exclusions from the utility gross receipts tax and the utility service use tax for utility services used in certain types of manufacturing and compounding processes. Utility Gross Receipts Tax Exemptions. “These and many other successes have helped in the effort to ease hardships experienced by so many of our fellow citizens during the course of the pandemic.”, James Spann: Cold air stays in Alabama through the weekend, Brisket Stuffed Potato one of 100 Dishes to Eat in Alabama. The tax shall be applied to interstate telephone service beginning with bills dated on and after February 1, 2002, regardless of when the services being billed were provided. Any person liable for taxes under the provisions of this article. Delaware - Business and occupational gross receipts tax rates range from 0.096% to 1.92%, depending on the business activity. Sewer costs are not taxed. (11) TAXPAYER. The tax shall be computed monthly with respect to each person to whom such services are furnished, in accordance with the following table: Use Tax 371 Utility Gross Receipts Tax 376 Utilities License Tax, Public 382 Vehicle, Restored (Salvage) Inspection Fee 385 Vital Statistics Fees 387 Part II - STATE RECEIPTS AND STATE APPROPRIATIONS State Funds Appropriations, FY 14 (Table) 393 State Funds Appropriations, FY 14 (Pie Chart) 394 SGF Appropriations, FY 14 (Pie Chart) 395 Alabama Power employees celebrate MLK Day by giving back to communities, USDA, Alabama sign historic agreement to improve forests on public, private lands, Ransom Ministries is a shining Alabama Bright Light, Volunteers build new fish habitats for Alabama's lakes and rivers, People of Alabama: Jared Presswood of Bessemer, Auburn University researchers examine impact of feral swine in Alabama to decrease devastation. There are several exemptions from the utility gross receipts tax. Nearly 16,000 taxpayers contributed to nonprofit organizations through the Alabama tax return checkoff system, sending $221,380 to 19 organizations, with the highest amounts going to the Child Abuse Trust Fund at $26,093 and the Alabama Veterans Program at $24,803. Income tax accounted for 48% ($4.9 billion) of 2020 revenues. Among the many records broken in the past year, the Department of Revenue collected $11.2 billion of the $12.2 billion electronically. Yes. (e) Gross sales or gross receipts from the furnishing of telegraph or telephone services shall be sourced as follows: (1) Except for the defined telegraph or telephone services in subdivisions (3) and (4), the sale of telephone service sold on a call-by-call basis shall be sourced to a. each level of taxing jurisdiction where the call originates and terminates in that jurisdiction or b. each level of taxing jurisdiction where the call either originates or terminates and in which the service address is also located. All rights reserved. The Tennessee Valley Authority makes annual payments to the state in lieu of taxes, which amounts to 5% of gross revenues on power sales. Water used in industrial manufacturing in which 50% or more is used in industrial processing is also exempt from the utility gross receipts tax. 1. Utility Gross Receipts Tax Exclusion: Alabama law (Sections 40-21-83 and 40-21-103) allows exclusions from the utility gross receipts tax and the utility service use tax if electricity or natural gas is used in an electrolytic or electrothermal manufacturing or compounding process. The partners will identify high-priority forests that need treatment. Other exemptions for sales and use taxes are described in the Sales & Use Tax Laws. Utility Gross Receipts Tax; Simplified Sellers Use Tax; Alabama taxpayers will be able to verify and update their business information for new licenses on the My Alabama Taxes website for the upcoming year. How GRT Differs From Income Taxes or Franchise Taxes Some states tax the incomes of businesses, but in most cases that taxable income is net income—sales minus expenses. For telephone companies the state tax is 6% of gross sales. https://revenue.alabama.gov/sales-use/tax-rates/state-sales-use-tax-rates The utility gross receipts tax levied on all companies furnishing electricity, water, gas, telephone or telegraph services garnered a record $420 million. One renewal process will update all of the required licenses for that entity. AL Code § 40-21-80 (2016) What's This? Read this complete Alabama Code Title 40. Am I required to pay my taxes electronically?Yes. The service provider collects the tax based on the rate established by the local authority. The amount of the tax shall be determined by the application of rates against gross sales or gross receipts, as the case may be, from the furnishing of such services in the State of Alabama. “Working with your Revive Alabama grant program, we distributed more than $96 million in funding for small businesses that have suffered financially as a result of the pandemic,” Barnett wrote to Ivey. Utility Gross Receipts Tax Exclusion. “We implemented sweeping upgrades to our IT systems and communications infrastructure, and we enhanced our audit activities and taxpayer support platforms to safely ensure uninterrupted and more effective operations.”. Checkoff donations yielding less than $7,500 annually for three consecutive years are removed from the list. Section 40-21-82.1 - Exemptions. 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