Code of Alabama — Title 40 (Revenue and Taxation)

Ala. Code § 40-23-7

Taxes Due Monthly; Filing of Reports; Estimated Payments Authorized; Election to File Quarterly, Semi-Annually, or Annually; Extension of Time for Making Return

Official textalison.legislature.state.al.us11 subsections

# (a)

The taxes levied under this division, except as otherwise provided in subsection (d), shall be due and payable in monthly installments on or before the 20th day of the month next succeeding the month in which the tax accrues.

# (b)

Except as otherwise provided in subsection (d), on or before the 20th day of each month, every person on whom the taxes levied by this division are imposed shall report to the department, on a form prescribed by the department, a true and correct statement showing such information as the department may require, and shall pay to the department the amount of taxes shown to be due.

# (c)

Any taxpayer liable for taxes under this division whose average monthly state sales tax liability was twenty thousand dollars ($20,000) or greater during the preceding calendar year shall make estimated payments to the department on or before the 20th day of the month in which the liability occurs as follows:

# (1)

The amount of the first estimated payment shall be 66 2/3 percent of the taxpayer’s actual tax liability for the month of October 1983; thereafter the amounts of the payment shall be the lesser of 66 2/3 percent of the taxpayer’s actual tax liability for the same calendar month of the preceding year or 66 2/3 percent of the current month’s estimated liability.

# (2)

Any outstanding credit or deficit arising from the taxpayer’s overpayment or underpayment of his or her final liability shall be applied to either increase or reduce that month’s final tax liability which shall be reported and paid not later than the 20th day of the month next succeeding the month in which the tax accrues.

# (3)

This subsection shall not apply to Sections 11-51-180, 11-51-200, 40-12-4, nor to any municipal or county taxes levied by past or future special or local acts of the Legislature.

# (d)

Taxpayers meeting the criteria set forth in this subsection may elect to file quarterly, semi-annually, or annually. Any election to file quarterly, semi-annually, or annually shall be made in writing no later than February 20 of each year and shall be filed with the department in the manner prescribed by the department. Qualifying taxpayers electing to file quarterly, semi-annually, or annually, shall report to the department, on a form prescribed by the department, a true and correct statement showing such information as the department may require. Qualifying taxpayers shall pay to the department the amount of tax shown to be due on or before the applicable deadlines, under any rules as may be prescribed, as follows:

# (1)

When the total state sales tax for which any person is liable under this division is less than two thousand four hundred dollars ($2,400) during the preceding calendar year, the person may elect to file quarterly returns. Quarterly returns and payments of the amount of tax shown to be due shall be due on or before the 20th day of the month next succeeding the end of the quarter for which the tax is due.

# (2)

When the total state sales tax for which any person is liable under this division is less than one thousand two hundred dollars ($1,200) during the preceding calendar year, or the person liable for the tax has made retail sales in this state during no more than two, 30 consecutive day periods during the preceding calendar year, the person may file semi-annual returns. The semi-annual returns and payment of the amount of the tax shown to be due shall be due on or before July 20 and January 20 following the end of the six-month period for which the tax is due.

# (3)

When the total state sales tax for which any person is liable under this division during the preceding calendar year is less than six hundred dollars ($600), or the person liable for the tax has made retail sales in this state during no more than one, 30 consecutive day period during the preceding calendar year, the person may elect to file an annual return. The annual return and payment of the tax shown to be due shall be due on or before January 20 following the end of the annual period for which the tax is due.

# (e)

The department, for good cause, may extend the time for making any state or state-administered return required under this division, but the time for filing any such return shall not be extended for a period greater than 30 days from the date such return is due to be made.

Last amended: Acts 1959, 2nd Ex. Sess., No. 100, p. 298, §5; Acts 1984, No. 84-248, p. 391; Act 98-192, p. 310, §9; Act 2014-316, p. 1120, §2; Act 2019-253, §1; Act 2022-53, §5; Act 2023-422, §1.

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