James Long

James Long

Bradley Arant Boult Cummings LLP

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Latest Publications


ADOR Proposes Substantial Rule Change For Partnerships

The ADOR has proposed a number of amendments to its rule governing the filing of partnership tax returns, Form 65. The new rule, as proposed, inserts language conforming with Alabama’s recently enacted “factor presence nexus”...more

9/29/2016 - Amended Legislation Business Taxes Department of Revenue Limited Liability Companies Partnerships Public Hearing Tax Returns

Alabama Department of Revenue Submits Response in Economic Nexus Test Case

The Alabama Department of Revenue (ADOR) quietly filed its Answer in the ongoing challenge by Newegg, Inc. to the so-called economic nexus threshold set forth in ADOR Rule 810-6-2.90.03 for certain out-of-state retailers. In...more

9/29/2016 - Department of Revenue Economic Presence Nexus Internet Retailers Retailers Sales & Use Tax Substantial Nexus

Alabama Legislature Signals Reexamination of Tax Incentives and Exemptions: Economic Development News

During the recently ended legislative special session, Senate President Pro Tem, Senator Del Marsh (R-Anniston), introduced and quickly passed Senate Resolution 20 that establishes an exploratory committee aimed at evaluating...more

9/20/2016 - General Fund Legislative Agendas Legislative Committees State Budgets State Taxes Task Force Tax Code Tax Credits

Jefferson County Sales Tax Ruling Appealed, Constitutional Amendment on November Ballot

A decision affecting Jefferson County’s one-cent sales tax increase to pay for a bond refinancing has been appealed to the Alabama Supreme Court, but the ramifications of the circuit court ruling have proved to be much...more

9/12/2016 - AL Supreme Court Ballot Measures Constitutional Amendment Legislative Agendas Sales Tax

Long-Awaited Alabama Tax Amnesty Program Kicks Off

Beginning June 30 and running through August 30, the Alabama Department of Revenue (ADOR) is offering many taxpayers an opportunity to come forward voluntarily and pay a litany of delinquent state and state-administered local...more

7/6/2016 - Apportionment Corporate Taxes Department of Revenue Income Taxes Nexus Public Hearing Sales & Use Tax Tax Amnesty Voluntary Compliance

Recent Alabama Tax Developments

The Alabama Legislature adjourned sine die on May 4 bringing the 2016 Regular Session to an end. The 2017 Regular Session is scheduled to begin in February and there have been reports of a potential special session later in...more

5/17/2016 - Apprenticeships Captive Insurance Company Contingency Fees Corporate Taxes Excise Tax Hiring & Firing Income Taxes Insurance Industry Legislative Agendas Multistate Tax Commission Ports Reporting Requirements Shipping Cargo Small Business Tax Credits Tax Rates

Progress Report on ADOR’s Non-Nexus Vendor Remittance Program

The Alabama Department of Revenue’s (ADOR) well-publicized effort to subject remote sellers to the state's sales and use tax regime is designed primarily to force either the U.S. Supreme Court or Congress to settle questions...more

4/11/2016 - Department of Revenue Nexus Physical Presence Test Sales & Use Tax Vendors

Three Important Alabama Regulatory Developments

Last month, the ADOR proposed a new rule, Rule 810-3-35-.01, in order to simplify the federal income tax deduction available to corporations doing business in Alabama. The ADOR proposed to repeal the current corporate federal...more

4/11/2016 - Alternative Minimum Tax Apportionment Corporate Taxes Department of Revenue Excise Tax Financial Institutions Tax Deductions

Alabama Department of Revenue Proposes Changes to its Corporate Income Tax Apportionment Regulations

The Alabama Department of Revenue (ADOR) recently proposed numerous changes to its apportionment rules for corporate income taxpayers, with the stated intention of adopting “recommended amendments to the [Multistate Tax...more

2/1/2016 - Apportionment Business Income Department of Revenue Income Taxes MTC

Several Key Business Associations Announce 2016 Tax Legislative Agendas

In preparation for the 2016 regular session, which begins on February 2, several of Alabama's key trade and business organizations recently announced their tax legislative agendas. As reflected in these agendas, the 2016...more

1/14/2016 - Business Taxes Corporate Taxes Department of Revenue Income Taxes Legislative Agendas Multistate Tax Compact R&D Sales & Use Tax Tax Credits Tax Reform

Alabama Tax Developments – 2015 Year in Review

This SALT Alert summarizes many of the major legislative, judicial, and administrative developments affecting Alabama business taxpayers with respect to income, transactional, and property taxes. The Spring 2015 legislative...more

12/8/2015 - Ad Valorem Tax Business Taxes Department of Revenue Pending Legislation Property Tax State and Local Government Tax Reform

Third Time’s a Charm: Governor Bentley and Legislature Reach Budget/Tax Compromise

Summary - Governor Robert Bentley called a second special session of the Alabama Legislature on Tuesday, September 9 at 5 p.m. to address the FY 2016 General Fund budget and associated revenue measures. After meeting for...more

9/22/2015 - Ad Valorem Tax Business Privilege Tax CMS Combined Reporting Department of Revenue ETFs Excise Tax FICA Taxes Gas Taxes General Fund Healthcare Legislative Agendas Lottery Medicaid Pharmacies Property Tax State Budgets State Taxes Tax Amnesty Tax Increases Tax Rates Tax Reform Tax Revenues Tobacco Tribal Government Programs

Special Session Ends with Handful of Noteworthy Tax Bills, Predictions for Next Special Session

The first Special Session of 2015 ended on Tuesday, August 11, without accomplishing the primary objective of passing a General Fund budget for the 2015-2016 fiscal year. The Governor’s “call” for the special session included...more

8/19/2015 - Business Taxes Legislative Agendas Legislative Process Reciprocity Rules Repeal Sales & Use Tax Sales Tax State Budgets Sufficient Nexus Tax Exemptions Tax Reform

Alabama 2015 Regular Session Legislative Summary: June 2015

The Alabama Senate adjourned sine die on Thursday, June 4, and the Alabama House of Representatives met for their last day on Thursday, June 11. Although the legislature passed a record-setting, $6 billion Education Trust...more

7/1/2015 - Education Reform General Fund New Legislation Pending Legislation State Budgets Tax Revenues

Alabama Tax Legislative Summary: 2015 Regular Session; Some Unofficial Predictions For Upcoming Session(s)

The Alabama Senate adjourned late Thursday afternoon, June 4, leaving a number of pending bills on the table. Although the legislature passed a record-setting $6 billion Education Trust Fund budget, the issue that pervaded...more

6/19/2015 - Economic Development General Fund Legislative Agendas New Legislation Proposed Legislation State Budgets Tax Revenues

Alabama Legislator Introduces Broad Unitary Combined Reporting Bill

As part of Republican Governor Robert Bentley’s eight-bill revenue package, Representative Mike Hill (R-Columbiana) has introduced a mandatory unitary combined reporting bill (often called “MUCR”), H.B. 142, that would be...more

3/13/2015 - Proposed Legislation Revenue State Budgets Tax Revenues

Tax Tribunal Issues First Ruling Regarding Scope of Authority of Tax Tribunal Judge

Chief Judge Bill Thompson of the newly-established Alabama Tax Tribunal ("the Tribunal") issued his first, and a key, ruling involving the scope of his authority when the taxpayer, Stone Bridge Farms of Cullman, Alabama, does...more

3/9/2015 - Department of Revenue Judges Tax Tribunal

Two Key Alabama Business Associations Announce Their 2015 State Tax Legislative Agendas

In preparation for the 2015 regular session of the Alabama Legislature, which begins Tuesday, March 3, one of Alabama’s most influential business and trade organizations, the 5,000-member Business Council of Alabama (BCA),...more

3/4/2015 - Legislative Agendas Tax Reform

Tax Tribunal Issues Critical Ruling Regarding Scope of Judge's Authority

Chief Judge Bill Thompson of the newly-established Alabama Tax Tribunal has issued his first ruling involving the scope of his authority as a judge when the taxpayer did not specifically raise an argument or defense in its...more

2/10/2015 - Department of Revenue Judges Tax Assessment Tax Tribunal

Alabama Receives Significant Upgrade from COST on State Tax Due Process Scorecard

On December 17, the Council On State Taxation (COST) announced that Alabama’s grade in their “Best and Worst of State Tax Administration” scorecard on Tax Appeals and Procedural Requirements, otherwise known as the “Due...more

12/26/2014 - Due Process Income Taxes State Taxes Tax Appeals

Alabama Tax Developments – 2014 Year in Review

This SALT Alert summarizes the major legislative, judicial, and administrative developments affecting Alabama business taxpayers with respect to income, transactional, and property taxes, as well as several updates on...more

12/15/2014 - Corporate Taxes Income Taxes New Legislation Tax Revenues

Alabama Joins Transfer Pricing Advisory Group to Develop New Service for the Multistate Tax Commission

Alabama has joined the District of Columbia, Florida, Georgia, Hawaii, Iowa, Kentucky, New Jersey, and North Carolina as members of the Arm’s Length Adjustment Services (ALAS) Advisory Group, a new project by the Multistate...more

6/12/2014 - Income Taxes Multistate Tax Commission Transfer Pricing

Judge Bill Thompson Appointed as First Chief Judge of Alabama Tax Tribunal

On May 19, Governor Robert Bentley officially appointed Chief Administrative Law Judge William L. (Bill) Thompson as the first Chief Judge of the newly established Alabama Tax Tribunal (“ATT”) pursuant to the Alabama Taxpayer...more

5/23/2014 - ALJ Election Results Tax Court

Mississippi Legislature Overwhelmingly Approves Equifax Fix

Earlier this week the Mississippi Legislature approved the conference committee report on tax reform legislation (House Bill 799) that significantly changes Mississippi’s tax assessment and appeals procedures. Both the House...more

4/4/2014 - Appeals Apportionment Pay-To-Play Tax Assessment Tax Penalties Tax Reform

Alabama Legislative Update—Rounding the Corner in the Last Lap: An Update on Pending and Recently Enacted Tax Legislation

The 2014 regular session of the Alabama legislature has been underway for over two months and is nearing its end. The legislature is off this week for Spring Break, then returns on Tuesday, April 1, for three final meeting...more

3/25/2014 - Ad Valorem Tax Audits Business Privilege Tax Education Budget Income Taxes Innocent Spouse Exception Job Creation Legislative Agendas LLC Net Operating Losses Research and Development Sales & Use Tax State Budgets Tax Assessment Tax Credits

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