A case on appeal to the U.S. Supreme Court from the South Dakota Supreme Court should be on your watch list. It involves Ellingson Drainage, Inc., a general contractor headquartered in Minnesota that specializes in installing...more
As part of the annual meeting of the Alabama State Bar Tax Section held in Montgomery on August 16, representatives from the Alabama Department of Revenue (ALDOR) provided a helpful update on some key legislative and...more
In 2021, the Alabama Legislature unanimously enacted an elective pass-through entity tax (PTE Tax) as a workaround to the so-called “SALT Cap,” which was part of the Tax Cuts and Jobs Act of 2017. The Alabama Electing...more
7/12/2023
/ Alabama ,
Department of Revenue ,
Income Taxes ,
IRS ,
Pass-Through Entities ,
PTEs ,
SALT ,
State and Local Government ,
State Taxes ,
Tax Cuts and Jobs Act ,
Tax Returns
There seems to be an increased number of so-called “residency audits” being conducted by the Alabama Department of Revenue (ALDOR), as well as by other state tax authorities. These audits often result from the taxpayer filing...more
Earlier this year, Alabama became one of 19 or so states to enact a pass-through entity tax as a workaround to the so-called "SALT Cap" enacted as part of the Tax Cuts and Jobs Act of 2017, which limits the deductibility of...more
11/15/2021
/ Alabama ,
Department of Revenue ,
Income Taxes ,
IRS ,
Local Taxes ,
Pass-Through Entities ,
SALT ,
State and Local Government ,
State Taxes ,
Tax Cuts and Jobs Act ,
Tax Deductions ,
Tax Returns ,
U.S. Treasury
Earlier this year, Alabama became one of 19 or so states to enact a pass-through entity tax as a workaround to the so-called “SALT Cap” enacted as part of the Tax Cuts and Jobs Act of 2017 that limits the deductibility of...more
9/7/2021
/ Alabama ,
Department of Revenue ,
Income Taxes ,
Internal Revenue Code (IRC) ,
IRS ,
Partnerships ,
Pass-Through Entities ,
Proposed Rules ,
S-Corporation ,
Shareholders ,
State and Local Government ,
Tax Cuts and Jobs Act ,
Tax Deductions
As we noted in our previous SALT Alert, on October 1 the Alabama Department of Revenue (ADOR) quietly posted a notice on its website and shared it with media outlets that received little notoriety – at least initially. The...more
The Alabama Department of Revenue (ADOR) posted a notice on their website on October 1 that escaped the attention of most media outlets and probably many businesses and their CPAs around the state of Alabama. For the first...more
How is taxable income determined in your state? To what extent is the state income tax base aligned with the federal income tax base?
Alabama levies a corporate income tax on business entities classified as taxable or “C”...more
10/12/2020
/ C-Corporation ,
Corporate Taxes ,
Department of Revenue ,
Exemptions ,
Filing Requirements ,
Franchise Taxes ,
Income Taxes ,
Nexus ,
S-Corporation ,
State and Local Government ,
State Taxes ,
Tax Credits ,
Tax Deductions ,
Tax Rates
As previously reported, in Ex parte Russell County Community Hospital, the Alabama Supreme Court announced that all software, including customized software created for a particular user, is "tangible personal property" and...more
1/24/2020
/ Department of Revenue ,
Economic Presence Nexus ,
Final Rules ,
Grocery Stores ,
Income Taxes ,
Legislative Agendas ,
Personal Property ,
Property Tax ,
Proposed Amendments ,
Retroactive Application ,
Sales & Use Tax ,
Software ,
State Taxes
Bedliner Chemicals Represent a Taxable Sale to the Franchisee Rather than to the Customer -
For those of you with bedliners in your trucks or other vehicles, a recent decision from the Alabama Tax Tribunal indicates you...more
In a 5-3-1 decision, the Alabama Supreme Court ruled on Friday that the sale of computer software in Alabama is subject to sales or use tax, even if it’s customized in whole or in part for a particular user (see Ex parte...more
In a case of first impression, an Alabama circuit court recently ordered a taxpayer to pay the auditing fees that a private auditing firm normally would charge to its local government clients. Initially, the court ordered the...more
In a case of first impression by an Alabama appellate court, the Alabama Court of Civil Appeals recently considered the appeal of the Alabama Department of Revenue (ADOR) of an adverse circuit court ruling involving whether...more
9/14/2018
/ Appeals ,
Business Taxes ,
Check the Box Rules ,
Department of Revenue ,
Income Taxes ,
Limited Liability Company (LLC) ,
Sales & Use Tax ,
SALT ,
Standing ,
Tax Assessment ,
Tax Tribunal
On July 31, the Alabama Department of Revenue (ADOR) released its long-awaited “Analysis of Federal Tax Law Revisions on the State of Alabama,” a comprehensive review of the changes brought about by the Tax Cuts and Jobs Act...more
8/13/2018
/ C-Corporation ,
Corporate Taxes ,
Department of Revenue ,
Foreign Earned Income ,
GILTI tax ,
Governor Ivey ,
Income Taxes ,
Internal Revenue Code (IRC) ,
IRS ,
Pass-Through Entities ,
Sole Proprietorship ,
State Taxes ,
Tax Cuts and Jobs Act ,
Tax Exempt Entities ,
Tax Exemptions ,
Tax Reform ,
UBTI
As previously reported, during the recent legislative session the Alabama Legislature finally resolved the so-called “Moody Issue,” named after the taxpayer victory in Moody v. Alabama Department of Revenue, regarding the...more
6/12/2018
/ Department of Revenue ,
Filing Deadlines ,
Income Taxes ,
Personal Property ,
Proposed Regulation ,
Public Comment ,
Public Hearing ,
Rental Tax ,
State and Local Government ,
Tangible Property ,
Tax Amnesty ,
Tax Credits ,
Tax Penalties ,
Tax Refunds
Two weeks ago, the Baldwin County Circuit Court entered an order dismissing the Alabama Department of Revenue’s (ADOR) appeal from the February 2017 decision by the Alabama Tax Tribunal in Moody v. Alabama Department of...more
Since the landmark Alabama Accountability Act was enacted in 2013, allowing individual and corporate donors to provide scholarship funds for underprivileged children in our state who are zoned for underperforming public...more
The House and Senate have each met a total of six legislative days thus far. There are therefore 24 legislative days remaining in the 2017 Regular Session. The House will reconvene on Tuesday, February 28 at 1:00 p.m. The...more
2/28/2017
/ Constitutional Amendment ,
Defined Contribution Plans ,
Dentists ,
Department of Revenue ,
Excise Tax ,
Gross Receipts Tax ,
Legislative Agendas ,
License Fees ,
Lottery ,
Lump Sum Payments ,
Minimum Wage ,
Municipalities ,
Pending Legislation ,
Prescription Drugs ,
Property Tax ,
Sales & Use Tax ,
Sellers ,
State and Local Government ,
Tax Credits ,
Tax Deferral ,
Tax Exemptions ,
Tax Preparers ,
Tribal-State Gaming Compacts ,
Water Districts
The 2017 legislative session begins February 7th in Montgomery, and we expect several tax-related proposals to be considered during the session. Our readers may recall that the 2016 session ended with no long-term plan in...more
1/13/2017
/ Department of Revenue ,
Infrastructure ,
Internet Retailers ,
Legislative Agendas ,
Nexus ,
Out-of-State Companies ,
Prison ,
Sales Tax ,
State and Local Government ,
State Budgets ,
Tax Credits ,
Tax Reform
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
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
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
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
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