William Thistle II

William Thistle II

Bradley Arant Boult Cummings LLP

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Retroactive Tax Law Upheld, Circuit Court Jurisdiction Limited

Before 2014, Alabama sales tax applied only to the sale of prepaid calling cards or authorization numbers, pursuant to Ala. Code §40-23-1(a)(13). In 2014, the Alabama Legislature amended the above statute to “clarify” that it...more

11/23/2016 - Administrative Procedure Act Appeals Constitutional Challenges Department of Revenue Jurisdiction Leave to Amend Prepaid Payment Products Sales Tax Standard of Review Tax Tribunal Trial de Novo Wireless Internet Service Providers

New Attorney General Opinion Removes Uncertainty for Alabama Retailers

State and Local Tax Alert: Alabama Edition - The Alabama Attorney General issued an opinion regarding the manner in which sellers located within the state are required to pay local sales tax on deliveries made to Alabama...more

11/4/2016 - Local Taxes Retail Market Sale of Goods Sales Tax State and Local Government Transfer of Title

Petition for Writ of Certiorari Denied by Alabama Supreme Court in Key Sales Tax Case

Last Friday the Alabama Supreme Court denied the ADOR’s petition for writ of certiorari in the case of State Dep’t of Revenue v. Omni Studio, L.L.C. The denial by the Supreme Court follows a pro-taxpayer ruling in the Alabama...more

10/7/2016 - Advertising AL Supreme Court Marketing Petition for Writ of Certiorari Photographs Sales Tax

Tax Tribunal Strikes Down Limitation on Credit for Taxes Paid to Other States

Readers may recall that Alabama Act 2012-427 permitted Alabama residents that owned interests in multistate pass-through entities (e.g., LLCs, partnerships, and S corporations) to claim a credit against their Alabama income...more

10/7/2016 - Corporate Taxes Double Taxation Income Taxes Pass-Through Entities S-Corporation Tax Liability Tax Rates Tax Tribunal

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 Company (LLC) 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

Alabama Legislature Signals Reexamination of Tax Incentives and Exemptions: State and Local Tax Alert: Alabama Edition

Following a contentious special session in which multiple proposals for a state-wide lottery were debated then abandoned, the Alabama Legislature adjourned on September 7 after approving an approximate $640 million bond issue...more

9/12/2016 - Bonds BP Deepwater Horizon Gulf Oil Spill New Legislation State Budgets Tax Code Tax Exemptions Tax Incentives

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

Alabama Property Tax Protest Season is Underway

The 2016 property tax protest season has arrived. In Alabama, property tax valuations are handled on a county-by-county basis. Some counties mail valuation notices to all taxpayers. Others rely on publication notice and only...more

5/23/2016 - Appeals Board of Equalization Property Tax Property Valuation

Jefferson County Taxpayers Have Until June 9, 2016 to Protest Real Property Values

The Jefferson County Tax Assessor’s office mailed real property valuation notices on May 11, 2016. ...more

5/20/2016 - Appeals Property Tax Property Valuation Tax Assessment

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

Annual COEs and Information Returns – A New Requirement for Many Tax-Exempt Entities

Beginning January 1, 2016, all organizations that have a statutory exemption from the payment of Alabama sales, use or lodgings taxes--other than certain government entities, public universities and healthcare...more

10/21/2015 - Certificate of Exemption Department of Revenue Exemptions Information Reports Sales & Use Tax Tax Exempt Entities Unclaimed Property

Beware Increased Worker Classification Audits

As many of you are aware, there has been a marked increase in the emphasis on worker misclassification, not only by the Internal Revenue Service and U.S. Department of Labor (DOL), but by states. The IRS and U.S. DOL have...more

10/15/2015 - Audits DOL Independent Contractors Misclassification

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 Limited Liability Company (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

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