Construction E-Note - December 19, 2013

In this Issue:

- Alabama's New Sales Tax Exemption Procedure for Contractors and Subcontractors Beginning On January 1, 2014

- OSHA Combustible Dust Standard on the Horizon – What Every Industry Should Know

- It's Not the Heat, It's the Humidity

- Alabama Court of Appeals Reiterates the Strict Requirements for Filing a Proper Materialman Lien

- Regulatory Utility Commissioners Seek Role in Development of EPA Climate Rules

- Excerpt from Alabama's New Sales Tax Exemption Procedure for Contractors and Subcontractors Beginning On January 1, 2014:

The Alabama legislature recently passed Act 2013-205 granting the Alabama Department of Revenue (ADOR) the authority to issue certifications of exemption to contractors for work on certain governmental construction projects. Beginning on January 1, 2014, general contractors and subcontractors may seek a certificate of exemption from ADOR for each work contract awarded on a tax exempt public works project. The certificate will exempt the contractor from sales and use taxes, which are normally levied for building materials, construction materials and other property that become part of the final project structure. To be eligible, the contractor must be licensed by the Alabama State Licensing Board and must account for the tax savings on all bids submissions. Accounting of Sales Tax Attachment to ABC Form C-3 is the proper form for documenting these taxes saving. If a bidding contractor fails to include this attachment in its bid, the bid will be deemed incomplete and non-responsive.

Please see full E-Note below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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