William Thistle

William Thistle

Bradley Arant Boult Cummings LLP

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Latest Publications


Influential Business Group Requests Legislative Rejection of Proposed Rental Tax Regulation; Legislative Council Hearing Set for...

As previously reported, the Alabama Department of Revenue proposed a regulation imposing a rental tax on digital transmissions, broadly defined as “on demand movies, television programs, streaming video, streaming audio, and...more

7/8/2015 - App Store Cable Television Providers Congressional Investigations & Hearings Department of Revenue Digital Media Digital Services Internet Streaming Legislative Agendas Netflix Rental Tax Tangible Property Television Broadcast Stations

Department of Revenue Issues Proposed Regulation Taxing Digital Streaming Services

The Alabama Department of Revenue has issued a proposed regulation that, if finalized in its present form, would substantially expand the scope of the state and local rental tax applied to video-on-demand and other digital...more

3/18/2015 - Cable Television Providers Department of Revenue Digital Downloads Netflix Rental Tax

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

Tips and Traps Regarding the Statute of Limitations and Signing Statute Waivers

As you end your telephone conversation with the revenue examiner, you think to yourself, “Thank goodness, this one is finally over!” The audit of your biggest client started over three years ago, and has seemingly dragged on...more

3/2/2015 - Audits Corporate Taxes Department of Revenue Statute of Limitations Waivers

Settlement in RDS/Alatax Class Action Lawsuit Tentatively Approved

In September 2010, a small group of Alabama taxpayers brought a second class action lawsuit against Revenue Discovery Systems/Alatax (“RDS”) alleging that RDS and its auditors committed multiple violations of the Alabama...more

12/18/2014 - Class Action State Taxes Tax Refunds

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

Photographers Owe Sales Tax on All Charges Other than Retainer

On September 8, the Alabama Department of Revenue’s Administrative Law Division (the “ALD”) issued a ruling that will likely send shock waves to photographers across the state, and if not successfully appealed or if applied...more

9/19/2014 - Photographs Sales & Use Tax

Alabama Tax Tribunal to Issue Proposed Regulations on July 31

Last spring, the Alabama Legislature passed the landmark Alabama Taxpayer Fairness Act, Act # 2014-146, the modified successor to a bill long known as the Alabama Taxpayers’ Bill of Rights II (“TBOR II”). Although the lengthy...more

7/30/2014 - Discovery Rules of Civil Procedure SALT State Taxes

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

Important New and Amended ADOR Regulations Now in Effect

Replacement Local Nexus Rule: The Alabama Department of Revenue’s (ADOR) new local nexus regulation, Rule 810-6-5-.04.02, is now in effect and applies to all transactions occurring on or after January 1, 2014. The ADOR...more

1/3/2014 - Department of Revenue Nexus Sales & Use Tax

Alabama Tax Developments: 2013 Year in Review

Our final Alabama SALT Alert of 2013 summarizes the major legislative, judicial, and administrative developments affecting Alabama taxpayers with respect to income, transactional, and property taxes so far this year. The 2013...more


State & Local Tax Alert: Alabama Edition - November 1st, 2013

The Alabama Department of Revenue has just finalized its new local nexus regulation, Ala. Admin. Code Rule 810-6-5-.04.02, that will apply to transactions occurring on or after January 1, 2014, following its rule-making...more

11/1/2013 - Income Taxes Interest Payments Interstate Commerce Local Taxes State Taxes Sufficient Nexus Tax Returns

PARCA Issues 25th Anniversary Report: How Alabama’s Taxes Compare

The well-respected Public Affairs Research Council of Alabama (PARCA), headquartered at Samford University in Birmingham, has issued its 25th anniversary report, How Alabama’s Taxes Compare, which discusses the sources and...more

10/9/2013 - Income Taxes Tax Reform

Alabama Department of Revenue Withdraws and Replaces Proposed Local Nexus Rule - New Proposal Likely to be More Palatable to the...

The Alabama Department of Revenue (“ADOR”) has withdrawn its controversial proposed local nexus rule, Ala. Admin. Code prop. r. 810-6-5-.04.02, and replaced it with a proposal that is narrower in scope and more...more

8/2/2013 - Department of Revenue Nexus Proposed Regulation Sales & Use Tax Tax Rates

Alabama Department of Revenue to Issue Revised Local Nexus Rule

The Alabama Department of Revenue (“ADOR”) is expected to issue a revised and much less controversial version of its proposed local nexus rule by July 25. The revised rule is expected to be narrower in scope than the...more

7/16/2013 - Department of Revenue Marketplace Fairness Act Nexus

Circuit Court Rules that State-Local Disconformity Cannot Benefit a Local Government

As with many states, Alabama provides an exemption from its sales and use tax if tangible personal property is purchased for the purpose of leasing or renting it to a third party. Alabama Code sections 40-23-1 and 40-23-63(4)...more

6/26/2013 - Leases Sales & Use Tax State and Local Government Tax Exemptions Third-Party

Circuit Court Upholds Taxpayer’s WOLF Refund Calculation; Invalidates Retroactive ADOR Regulation

An Alabama circuit court recently held that a taxpayer’s method of calculating a refund under Alabama’s wholesale oil license tax was reasonable, affirming Chief Administrative Law Judge Bill Thompson’s extensive 2009 ruling....more

6/26/2013 - Department of Revenue Gas Taxes Oil & Gas Tax Refunds

State & Local Tax Alert: Recent Developments in the State Taxation of Pass-Through Entities

In This Issue: - Nonresident Owner Nexus - Apportionment of Multistate Income - Entity-Level Income Tax Withholding - Composite Returns - Entity-Level Taxes - Issues Unique to S...more

6/19/2013 - Apportionment Due Process Income Taxes LLC Nexus Non-Resident Aliens S-Corporation Sales & Use Tax Shareholders Tax Rates Withholding Tax

Wrap-Up of Alabama Legislature Actions

The Alabama Legislature adjourned near midnight on May 20, closing a session that saw lawmakers grant final passage of the two operating budgets and of amendments to the controversial Alabama Accountability Act. With respect...more

5/30/2013 - Foreclosure Income Taxes New Legislation Property Tax Sales & Use Tax Tax Credits Tax Exemptions Taxpayers' Bill of Rights

Alabama DOR Issues Controversial Local Nexus Regulation: Would Dramatically Alter the Rule on Delivery Nexus

On April 30, the Alabama Department of Revenue (ADOR) issued a proposed regulation regarding sellers’ obligations to collect and remit sales or use tax to Alabama cities and counties that would radically change the landscape...more

5/14/2013 - Jurisdiction Nexus Sales & Use Tax

New PARCA Report Examines State and Local Tax Burdens

A new report by the Public Affairs Research Council of Alabama (PARCA), a well-respected nonprofit research organization headquartered at Samford University in Birmingham, shows that frequent statements during the 2012...more

5/6/2013 - Property Tax Sales & Use Tax State Taxes

Alabama Taxpayers' Bill of Rights II Passes Easily In House; Other Important Tax Bills of Interest

On April 4, Birmingham attorney and State Representative Paul DeMarco led the effort to pass the 2013 version of the Alabama Taxpayers’ Bill of Rights II, HB 264. The House of Representatives voted 96-2 in favor of the bill....more

4/12/2013 - Contractors Proposed Legislation Tax Exemptions Taxpayers' Bill of Rights

New Tax Court Decision Highlights Need for Construction Contractors to Consider Expanded IRS Voluntary Worker Classification...

For years, the question of whether construction workers should be treated as employees or independent contractors has been an important issue that many contractors have overlooked or chosen to ignore. However, a recent U.S....more

3/15/2013 - Contractors Independent Contractors IRS Misclassification VCSP

Several Alabama Business and Professional Associations Announce Their 2013 Tax Legislative Agendas: 2013 Session Shaping Up to Be...

In preparation for the 2013 session of the Alabama Legislature, which begins on February 5, several of Alabama’s most prominent business and trade organizations have finalized their 2013 legislative agendas. Most notably, the...more

1/29/2013 - Retail Market Sales & Use Tax Taxpayers' Bill of Rights

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