8 | | - | Page 0 HB20 |
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9 | | - | 1 |
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10 | | - | 2 ENROLLED, An Act, |
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11 | | - | 3 Relating to taxation; to amend Section 40-23-4, Code |
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12 | | - | 4 of Alabama 1975, as amended by Act 2019-444 of the 2019 |
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13 | | - | 5 Regular Session, to extend the tax exemption for gross |
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14 | | - | 6 receipts from the sale of certain parts, components, and |
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15 | | - | 7 systems that become part of certain military aircraft; and to |
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16 | | - | 8 delete language providing for extension of the tax credit by |
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17 | | - | 9 joint resolution. |
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18 | | - | 10 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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19 | | - | 11 Section 1. Section 40-23-4, Code of Alabama 1975, as |
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20 | | - | 12 amended by Act 2019-444 of the 2019 Regular Session, is |
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21 | | - | 13 amended to read as follows: |
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22 | | - | 14 "§40-23-4. |
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23 | | - | 15 "(a) There are exempted from the provisions of this |
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24 | | - | 16 division and from the computation of the amount of the tax |
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25 | | - | 17 levied, assessed, or payable under this division the |
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26 | | - | 18 following: |
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27 | | - | 19 "(1) The gross proceeds of the sales of lubricating |
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28 | | - | 20 oil and gasoline as defined in Sections 40-17-30 and 40-17-170 |
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29 | | - | 21 and the gross proceeds from those sales of lubricating oil |
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30 | | - | 22 destined for out-of-state use which are transacted in a manner |
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31 | | - | 23 whereby an out-of-state purchaser takes delivery of such oil |
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32 | | - | 24 at a distributor's plant within this state and transports it |
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33 | | - | 25 out-of-state, which are otherwise taxed. |
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34 | | - | Page 1 HB20 |
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35 | | - | 1 (2) The gross proceeds of the sale, or sales, of |
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36 | | - | 2 fertilizer when used for agricultural purposes. The word |
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37 | | - | 3 "fertilizer" shall not be construed to include cottonseed |
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38 | | - | 4 meal, when not in combination with other materials. |
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39 | | - | 5 (3) The gross proceeds of the sale, or sales, of |
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40 | | - | 6 seeds for planting purposes and baby chicks and poults. |
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41 | | - | 7 Nothing herein shall be construed to exempt or exclude from |
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42 | | - | 8 the computation of the tax levied, assessed, or payable, the |
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43 | | - | 9 gross proceeds of the sale or sales of plants, seedlings, |
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44 | | - | 10 nursery stock, or floral products. |
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45 | | - | 11 (4) The gross proceeds of sales of insecticides and |
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46 | | - | 12 fungicides when used for agricultural purposes or when used by |
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47 | | - | 13 persons properly permitted by the Department of Agriculture |
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48 | | - | 14 and Industries or any applicable local or state governmental |
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49 | | - | 15 authority for structural pest control work and feed for |
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50 | | - | 16 livestock and poultry, but not including prepared food for |
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51 | | - | 17 dogs and cats. |
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52 | | - | 18 (5) The gross proceeds of sales of all livestock by |
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53 | | - | 19 whomsoever sold, and also the gross proceeds of poultry and |
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54 | | - | 20 other products of the farm, dairy, grove, or garden, when in |
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55 | | - | 21 the original state of production or condition of preparation |
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56 | | - | 22 for sale, when such sale or sales are made by the producer or |
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57 | | - | 23 members of his immediate family or for him by those employed |
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58 | | - | 24 by him to assist in the production thereof. Nothing herein |
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59 | | - | 25 shall be construed to exempt or exclude from the measure or |
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60 | | - | Page 2 HB20 |
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61 | | - | 1 computation of the tax levied, assessed, or payable hereunder, |
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62 | | - | 2 the gross proceeds of sales of poultry or poultry products |
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63 | | - | 3 when not products of the farm. |
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64 | | - | 4 (6) Cottonseed meal exchanged for cottonseed at or |
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65 | | - | 5 by cotton gins. |
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66 | | - | 6 (7) The gross receipts from the business on which, |
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67 | | - | 7 or for engaging in which, a license or privilege tax is levied |
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68 | | - | 8 by or under the provisions of Sections 40-21-50, 40-21-53, and |
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69 | | - | 9 40-21-56 through 40-21-60; provided, that nothing contained in |
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70 | | - | 10 this subdivision shall be construed to exempt or relieve the |
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71 | | - | 11 person or persons operating the business enumerated in said |
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72 | | - | 12 sections from the payments of the tax levied by this division |
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73 | | - | 13 upon or measured by the gross proceeds of sales of any |
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74 | | - | 14 tangible personal property, except gas and water, the gross |
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75 | | - | 15 receipts from the sale of which are the measure of the tax |
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76 | | - | 16 levied by said Section 40-21-50, merchandise or other tangible |
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77 | | - | 17 commodities sold at retail by said persons, unless the gross |
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78 | | - | 18 proceeds of sale thereof are otherwise specifically exempted |
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79 | | - | 19 by the provisions of this division. |
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80 | | - | 20 (8) The gross proceeds of sales or gross receipts of |
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81 | | - | 21 or by any person, firm, or corporation, from the sale of |
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82 | | - | 22 transportation, gas, water, or electricity, of the kinds and |
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83 | | - | 23 natures, the rates and charges for which, when sold by public |
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84 | | - | 24 utilities, are customarily fixed and determined by the Public |
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85 | | - | 25 Service Commission of Alabama or like regulatory bodies. |
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86 | | - | Page 3 HB20 |
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87 | | - | 1 (9) The gross proceeds of the sale, or sales of wood |
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88 | | - | 2 residue, coal, or coke to manufacturers, electric power |
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89 | | - | 3 companies, and transportation companies for use or consumption |
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90 | | - | 4 in the production of by-products, or the generation of heat or |
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91 | | - | 5 power used in manufacturing tangible personal property for |
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92 | | - | 6 sale, for the generation of electric power or energy for use |
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93 | | - | 7 in manufacturing tangible personal property for sale or for |
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94 | | - | 8 resale, or for the generation of motive power for |
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95 | | - | 9 transportation. |
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96 | | - | 10 (10) The gross proceeds from the sale or sales of |
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97 | | - | 11 fuel and supplies for use or consumption aboard ships, |
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98 | | - | 12 vessels, towing vessels, or barges, or drilling ships, rigs or |
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99 | | - | 13 barges, or seismic or geophysical vessels, or other watercraft |
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100 | | - | 14 (herein for purposes of this exemption being referred to as |
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101 | | - | 15 "vessels") engaged in foreign or international commerce or in |
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102 | | - | 16 interstate commerce; provided, that nothing in this division |
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103 | | - | 17 shall be construed to exempt or exclude from the measure of |
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104 | | - | 18 the tax herein levied the gross proceeds of sale or sales of |
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105 | | - | 19 material and supplies to any person for use in fulfilling a |
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106 | | - | 20 contract for the painting, repair, or reconditioning of |
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107 | | - | 21 vessels, barges, ships, other watercraft, and commercial |
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108 | | - | 22 fishing vessels of over five tons load displacement as |
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109 | | - | 23 registered with the U.S. Coast Guard and licensed by the State |
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110 | | - | 24 of Alabama Department of Conservation and Natural Resources. |
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111 | | - | Page 4 HB20 |
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112 | | - | 1 For purposes of this subdivision, it shall be |
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113 | | - | 2 presumed that vessels engaged in the transportation of cargo |
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114 | | - | 3 between ports in the State of Alabama and ports in foreign |
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115 | | - | 4 countries or possessions or territories of the United States |
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116 | | - | 5 or between ports in the State of Alabama and ports in other |
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117 | | - | 6 states are engaged in foreign or international commerce or |
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118 | | - | 7 interstate commerce, as the case may be. For the purposes of |
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119 | | - | 8 this subdivision, the engaging in foreign or international |
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120 | | - | 9 commerce or interstate commerce shall not require that the |
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121 | | - | 10 vessel involved deliver cargo to or receive cargo from a port |
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122 | | - | 11 in the State of Alabama. For purposes of this subdivision, |
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123 | | - | 12 vessels carrying passengers for hire, and no cargo, between |
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124 | | - | 13 ports in the State of Alabama and ports in foreign countries |
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125 | | - | 14 or possessions or territories of the United States or between |
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126 | | - | 15 ports in the State of Alabama and ports in other states shall |
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127 | | - | 16 be engaged in foreign or international commerce or interstate |
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128 | | - | 17 commerce, as the case may be, if, and only if, both of the |
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129 | | - | 18 following conditions are met: (i) The vessel in question is a |
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130 | | - | 19 vessel of at least 100 gross tons; and (ii) the vessel in |
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131 | | - | 20 question has an unexpired certificate of inspection issued by |
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132 | | - | 21 the United States Coast Guard or by the proper authority of a |
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133 | | - | 22 foreign country for a foreign vessel, which certificate is |
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134 | | - | 23 recognized as acceptable under the laws of the United States. |
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135 | | - | 24 Vessels that are engaged in foreign or international commerce |
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136 | | - | 25 or interstate commerce shall be deemed for the purposes of |
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137 | | - | Page 5 HB20 |
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138 | | - | 1 this subdivision to remain in such commerce while awaiting or |
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139 | | - | 2 under repair in a port of the State of Alabama if such vessel |
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140 | | - | 3 returns after such repairs are completed to engaging in |
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141 | | - | 4 foreign or international commerce or interstate commerce. For |
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142 | | - | 5 purposes of this subdivision, seismic or geophysical vessels |
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143 | | - | 6 which are engaged either in seismic or geophysical tests or |
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144 | | - | 7 evaluations exclusively in offshore federal waters or in |
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145 | | - | 8 traveling to or from conducting such tests or evaluations |
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146 | | - | 9 shall be deemed to be engaged in international or foreign |
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147 | | - | 10 commerce. For purposes of this subdivision, proof that fuel |
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148 | | - | 11 and supplies purchased are for use or consumption aboard |
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149 | | - | 12 vessels engaged in foreign or international commerce or in |
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150 | | - | 13 interstate commerce may be accomplished by the merchant or |
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151 | | - | 14 seller securing the duly signed certificate of the vessel |
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152 | | - | 15 owner, operator, or captain or their respective agent, on a |
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153 | | - | 16 form prescribed by the department, that the fuel and supplies |
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154 | | - | 17 purchased are for use or consumption aboard vessels engaged in |
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155 | | - | 18 foreign or international commerce or in interstate commerce. |
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156 | | - | 19 Any person filing a false certificate shall be guilty of a |
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157 | | - | 20 misdemeanor and upon conviction shall be fined not less than |
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158 | | - | 21 $25 nor more than $500 for each offense. Each false |
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159 | | - | 22 certificate filed shall constitute a separate offense. Any |
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160 | | - | 23 person filing a false certificate shall be liable to the |
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161 | | - | 24 department for all taxes imposed by this division upon the |
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162 | | - | 25 merchant or seller, together with any interest or penalties |
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163 | | - | Page 6 HB20 |
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164 | | - | 1 thereon, by reason of the sale or sales of fuel and supplies |
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165 | | - | 2 applicable to such false certificate. If a merchant or seller |
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166 | | - | 3 of fuel and supplies secures the certificate herein mentioned, |
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167 | | - | 4 properly completed, such merchant or seller shall not be |
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168 | | - | 5 liable for the taxes imposed by this division, if such |
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169 | | - | 6 merchant or seller had no knowledge that such certificate was |
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170 | | - | 7 false when it was filed with such merchant or seller. |
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171 | | - | 8 (11) The gross proceeds of sales of tangible |
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172 | | - | 9 personal property to the State of Alabama, to the counties |
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173 | | - | 10 within the state and to incorporated municipalities of the |
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174 | | - | 11 State of Alabama. |
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175 | | - | 12 (12) The gross proceeds of the sale or sales of |
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176 | | - | 13 railroad cars, vessels, barges, and commercial fishing vessels |
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177 | | - | 14 of over five tons load displacement as registered with the |
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178 | | - | 15 U.S. Coast Guard and licensed by the State of Alabama |
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179 | | - | 16 Department of Conservation and Natural Resources, when sold by |
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180 | | - | 17 the manufacturers or builders thereof. |
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181 | | - | 18 (13) The gross proceeds of the sale or sales of |
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182 | | - | 19 materials, equipment, and machinery that, at any time, enter |
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183 | | - | 20 into and become a component part of ships, vessels, towing |
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184 | | - | 21 vessels or barges, or drilling ships, rigs or barges, or |
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185 | | - | 22 seismic or geophysical vessels, other watercraft and |
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186 | | - | 23 commercial fishing vessels of over five tons load displacement |
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187 | | - | 24 as registered with the U.S. Coast Guard and licensed by the |
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188 | | - | 25 State of Alabama Department of Conservation and Natural |
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189 | | - | Page 7 HB20 |
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190 | | - | 1 Resources. Additionally, the gross proceeds from the sale or |
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191 | | - | 2 sales of lifeboats, personal flotation devices, ring life |
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192 | | - | 3 buoys, survival craft equipment, distress signals, EPIRB's, |
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193 | | - | 4 fire extinguishers, injury placards, waste management plans |
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194 | | - | 5 and logs, marine sanitation devices, navigation rulebooks, |
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195 | | - | 6 navigation lights, sound signals, navigation day shapes, oil |
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196 | | - | 7 placard cards, garbage placards, FCC SSL, stability |
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197 | | - | 8 instructions, first aid equipment, compasses, anchor and radar |
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198 | | - | 9 reflectors, general alarm systems, bilge pumps, piping, and |
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199 | | - | 10 discharge and electronic position fixing devices which are |
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200 | | - | 11 used on the aforementioned watercraft. |
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201 | | - | 12 (14) The gross proceeds of the sale or sales of fuel |
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202 | | - | 13 oil purchased as fuel for kiln use in manufacturing |
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203 | | - | 14 establishments. |
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204 | | - | 15 (15) The gross proceeds of the sale or sales of |
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205 | | - | 16 tangible personal property to county and city school boards |
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206 | | - | 17 within the State of Alabama, independent school boards within |
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207 | | - | 18 the State of Alabama, all educational institutions and |
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208 | | - | 19 agencies of the State of Alabama, the counties within the |
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209 | | - | 20 state, or any incorporated municipalities of the State of |
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210 | | - | 21 Alabama, and private educational institutions operating within |
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211 | | - | 22 the State of Alabama offering conventional and traditional |
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212 | | - | 23 courses of study, such as those offered by public schools, |
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213 | | - | 24 colleges, or universities within the State of Alabama; but not |
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214 | | - | 25 including nurseries, day care centers, and home schools. |
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215 | | - | Page 8 HB20 |
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216 | | - | 1 (16) The gross proceeds from the sale of all devices |
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217 | | - | 2 or facilities, and all identifiable components thereof, or |
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218 | | - | 3 materials for use therein, acquired primarily for the control, |
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219 | | - | 4 reduction, or elimination of air or water pollution and the |
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220 | | - | 5 gross proceeds from the sale of all identifiable components |
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221 | | - | 6 of, or materials used or intended for use in, structures built |
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222 | | - | 7 primarily for the control, reduction, or elimination of air |
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223 | | - | 8 and water pollution. |
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224 | | - | 9 (17) The gross proceeds of sales of tangible |
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225 | | - | 10 personal property or the gross receipts of any business which |
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226 | | - | 11 the state is prohibited from taxing under the Constitution or |
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227 | | - | 12 laws of the United States or under the Constitution of this |
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228 | | - | 13 state. |
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229 | | - | 14 (18) When dealers or distributors use parts taken |
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230 | | - | 15 from stocks owned by them in making repairs without charge for |
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231 | | - | 16 such parts to the owner of the property repaired pursuant to |
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232 | | - | 17 warranty agreements entered into by manufacturers, such use |
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233 | | - | 18 shall not constitute taxable sales to the manufacturers, |
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234 | | - | 19 distributors, or to the dealers, under this division or under |
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235 | | - | 20 any county sales tax law. |
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236 | | - | 21 (19) The gross proceeds received from the sale or |
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237 | | - | 22 furnishing of food, including potato chips, candy, fruit and |
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238 | | - | 23 similar items, soft drinks, tobacco products, and stationery |
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239 | | - | 24 and other similar or related articles by hospital canteens |
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240 | | - | 25 operated by Alabama state hospitals at Bryce Hospital and |
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241 | | - | Page 9 HB20 |
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242 | | - | 1 Partlow State School for Mental Deficients at Tuscaloosa, |
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| 8 | + | Page 0 1 210359-3:n:02/11/2021:JET/tgw LSA2020-524R1 |
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| 9 | + | 2 |
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| 10 | + | 3 |
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| 11 | + | 4 |
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| 12 | + | 5 |
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| 13 | + | 6 |
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| 14 | + | 7 |
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| 15 | + | 8 SYNOPSIS: Under existing law, the gross receipts from |
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| 16 | + | 9 the sale of parts, components, and systems that |
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| 17 | + | 10 become a part of a fixed or rotary wing military |
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| 18 | + | 11 aircraft and that satisfy other criteria are exempt |
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| 19 | + | 12 from taxation until May 30, 2022. |
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| 20 | + | 13 This bill would extend the tax exemption |
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| 21 | + | 14 until May 30, 2032, and would delete language |
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| 22 | + | 15 providing for its extension by joint resolution. |
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| 23 | + | 16 |
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| 24 | + | 17 A BILL |
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| 25 | + | 18 TO BE ENTITLED |
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| 26 | + | 19 AN ACT |
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| 27 | + | 20 |
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| 28 | + | 21 Relating to taxation; to amend Section 40-23-4, Code |
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| 29 | + | 22 of Alabama 1975, as amended by Act 2019-444 of the 2019 |
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| 30 | + | 23 Regular Session, to extend the tax exemption for gross |
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| 31 | + | 24 receipts from the sale of certain parts, components, and |
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| 32 | + | 25 systems that become part of certain military aircraft; and to |
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| 33 | + | 26 delete language providing for extension of the tax credit by |
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| 34 | + | 27 joint resolution. |
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| 35 | + | Page 1 1 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA: |
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| 36 | + | 2 Section 1. Section 40-23-4, Code of Alabama 1975, as |
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| 37 | + | 3 amended by Act 2019-444 of the 2019 Regular Session, is |
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| 38 | + | 4 amended to read as follows: |
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| 39 | + | 5 "§40-23-4. |
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| 40 | + | 6 "(a) There are exempted from the provisions of this |
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| 41 | + | 7 division and from the computation of the amount of the tax |
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| 42 | + | 8 levied, assessed, or payable under this division the |
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| 43 | + | 9 following: |
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| 44 | + | 10 "(1) The gross proceeds of the sales of lubricating |
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| 45 | + | 11 oil and gasoline as defined in Sections 40-17-30 and 40-17-170 |
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| 46 | + | 12 and the gross proceeds from those sales of lubricating oil |
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| 47 | + | 13 destined for out-of-state use which are transacted in a manner |
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| 48 | + | 14 whereby an out-of-state purchaser takes delivery of such oil |
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| 49 | + | 15 at a distributor's plant within this state and transports it |
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| 50 | + | 16 out-of-state, which are otherwise taxed. |
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| 51 | + | 17 (2) The gross proceeds of the sale, or sales, of |
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| 52 | + | 18 fertilizer when used for agricultural purposes. The word |
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| 53 | + | 19 "fertilizer" shall not be construed to include cottonseed |
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| 54 | + | 20 meal, when not in combination with other materials. |
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| 55 | + | 21 (3) The gross proceeds of the sale, or sales, of |
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| 56 | + | 22 seeds for planting purposes and baby chicks and poults. |
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| 57 | + | 23 Nothing herein shall be construed to exempt or exclude from |
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| 58 | + | 24 the computation of the tax levied, assessed, or payable, the |
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| 59 | + | 25 gross proceeds of the sale or sales of plants, seedlings, |
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| 60 | + | 26 nursery stock, or floral products. |
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| 61 | + | Page 2 1 (4) The gross proceeds of sales of insecticides and |
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| 62 | + | 2 fungicides when used for agricultural purposes or when used by |
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| 63 | + | 3 persons properly permitted by the Department of Agriculture |
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| 64 | + | 4 and Industries or any applicable local or state governmental |
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| 65 | + | 5 authority for structural pest control work and feed for |
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| 66 | + | 6 livestock and poultry, but not including prepared food for |
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| 67 | + | 7 dogs and cats. |
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| 68 | + | 8 (5) The gross proceeds of sales of all livestock by |
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| 69 | + | 9 whomsoever sold, and also the gross proceeds of poultry and |
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| 70 | + | 10 other products of the farm, dairy, grove, or garden, when in |
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| 71 | + | 11 the original state of production or condition of preparation |
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| 72 | + | 12 for sale, when such sale or sales are made by the producer or |
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| 73 | + | 13 members of his immediate family or for him by those employed |
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| 74 | + | 14 by him to assist in the production thereof. Nothing herein |
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| 75 | + | 15 shall be construed to exempt or exclude from the measure or |
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| 76 | + | 16 computation of the tax levied, assessed, or payable hereunder, |
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| 77 | + | 17 the gross proceeds of sales of poultry or poultry products |
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| 78 | + | 18 when not products of the farm. |
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| 79 | + | 19 (6) Cottonseed meal exchanged for cottonseed at or |
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| 80 | + | 20 by cotton gins. |
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| 81 | + | 21 (7) The gross receipts from the business on which, |
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| 82 | + | 22 or for engaging in which, a license or privilege tax is levied |
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| 83 | + | 23 by or under the provisions of Sections 40-21-50, 40-21-53, and |
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| 84 | + | 24 40-21-56 through 40-21-60; provided, that nothing contained in |
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| 85 | + | 25 this subdivision shall be construed to exempt or relieve the |
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| 86 | + | 26 person or persons operating the business enumerated in said |
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| 87 | + | 27 sections from the payments of the tax levied by this division |
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| 88 | + | Page 3 1 upon or measured by the gross proceeds of sales of any |
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| 89 | + | 2 tangible personal property, except gas and water, the gross |
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| 90 | + | 3 receipts from the sale of which are the measure of the tax |
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| 91 | + | 4 levied by said Section 40-21-50, merchandise or other tangible |
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| 92 | + | 5 commodities sold at retail by said persons, unless the gross |
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| 93 | + | 6 proceeds of sale thereof are otherwise specifically exempted |
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| 94 | + | 7 by the provisions of this division. |
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| 95 | + | 8 (8) The gross proceeds of sales or gross receipts of |
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| 96 | + | 9 or by any person, firm, or corporation, from the sale of |
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| 97 | + | 10 transportation, gas, water, or electricity, of the kinds and |
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| 98 | + | 11 natures, the rates and charges for which, when sold by public |
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| 99 | + | 12 utilities, are customarily fixed and determined by the Public |
---|
| 100 | + | 13 Service Commission of Alabama or like regulatory bodies. |
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| 101 | + | 14 (9) The gross proceeds of the sale, or sales of wood |
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| 102 | + | 15 residue, coal, or coke to manufacturers, electric power |
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| 103 | + | 16 companies, and transportation companies for use or consumption |
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| 104 | + | 17 in the production of by-products, or the generation of heat or |
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| 105 | + | 18 power used in manufacturing tangible personal property for |
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| 106 | + | 19 sale, for the generation of electric power or energy for use |
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| 107 | + | 20 in manufacturing tangible personal property for sale or for |
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| 108 | + | 21 resale, or for the generation of motive power for |
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| 109 | + | 22 transportation. |
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| 110 | + | 23 (10) The gross proceeds from the sale or sales of |
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| 111 | + | 24 fuel and supplies for use or consumption aboard ships, |
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| 112 | + | 25 vessels, towing vessels, or barges, or drilling ships, rigs or |
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| 113 | + | 26 barges, or seismic or geophysical vessels, or other watercraft |
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| 114 | + | 27 (herein for purposes of this exemption being referred to as |
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| 115 | + | Page 4 1 "vessels") engaged in foreign or international commerce or in |
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| 116 | + | 2 interstate commerce; provided, that nothing in this division |
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| 117 | + | 3 shall be construed to exempt or exclude from the measure of |
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| 118 | + | 4 the tax herein levied the gross proceeds of sale or sales of |
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| 119 | + | 5 material and supplies to any person for use in fulfilling a |
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| 120 | + | 6 contract for the painting, repair, or reconditioning of |
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| 121 | + | 7 vessels, barges, ships, other watercraft, and commercial |
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| 122 | + | 8 fishing vessels of over five tons load displacement as |
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| 123 | + | 9 registered with the U.S. Coast Guard and licensed by the State |
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| 124 | + | 10 of Alabama Department of Conservation and Natural Resources. |
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| 125 | + | 11 For purposes of this subdivision, it shall be |
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| 126 | + | 12 presumed that vessels engaged in the transportation of cargo |
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| 127 | + | 13 between ports in the State of Alabama and ports in foreign |
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| 128 | + | 14 countries or possessions or territories of the United States |
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| 129 | + | 15 or between ports in the State of Alabama and ports in other |
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| 130 | + | 16 states are engaged in foreign or international commerce or |
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| 131 | + | 17 interstate commerce, as the case may be. For the purposes of |
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| 132 | + | 18 this subdivision, the engaging in foreign or international |
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| 133 | + | 19 commerce or interstate commerce shall not require that the |
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| 134 | + | 20 vessel involved deliver cargo to or receive cargo from a port |
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| 135 | + | 21 in the State of Alabama. For purposes of this subdivision, |
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| 136 | + | 22 vessels carrying passengers for hire, and no cargo, between |
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| 137 | + | 23 ports in the State of Alabama and ports in foreign countries |
---|
| 138 | + | 24 or possessions or territories of the United States or between |
---|
| 139 | + | 25 ports in the State of Alabama and ports in other states shall |
---|
| 140 | + | 26 be engaged in foreign or international commerce or interstate |
---|
| 141 | + | 27 commerce, as the case may be, if, and only if, both of the |
---|
| 142 | + | Page 5 1 following conditions are met: (i) The vessel in question is a |
---|
| 143 | + | 2 vessel of at least 100 gross tons; and (ii) the vessel in |
---|
| 144 | + | 3 question has an unexpired certificate of inspection issued by |
---|
| 145 | + | 4 the United States Coast Guard or by the proper authority of a |
---|
| 146 | + | 5 foreign country for a foreign vessel, which certificate is |
---|
| 147 | + | 6 recognized as acceptable under the laws of the United States. |
---|
| 148 | + | 7 Vessels that are engaged in foreign or international commerce |
---|
| 149 | + | 8 or interstate commerce shall be deemed for the purposes of |
---|
| 150 | + | 9 this subdivision to remain in such commerce while awaiting or |
---|
| 151 | + | 10 under repair in a port of the State of Alabama if such vessel |
---|
| 152 | + | 11 returns after such repairs are completed to engaging in |
---|
| 153 | + | 12 foreign or international commerce or interstate commerce. For |
---|
| 154 | + | 13 purposes of this subdivision, seismic or geophysical vessels |
---|
| 155 | + | 14 which are engaged either in seismic or geophysical tests or |
---|
| 156 | + | 15 evaluations exclusively in offshore federal waters or in |
---|
| 157 | + | 16 traveling to or from conducting such tests or evaluations |
---|
| 158 | + | 17 shall be deemed to be engaged in international or foreign |
---|
| 159 | + | 18 commerce. For purposes of this subdivision, proof that fuel |
---|
| 160 | + | 19 and supplies purchased are for use or consumption aboard |
---|
| 161 | + | 20 vessels engaged in foreign or international commerce or in |
---|
| 162 | + | 21 interstate commerce may be accomplished by the merchant or |
---|
| 163 | + | 22 seller securing the duly signed certificate of the vessel |
---|
| 164 | + | 23 owner, operator, or captain or their respective agent, on a |
---|
| 165 | + | 24 form prescribed by the department, that the fuel and supplies |
---|
| 166 | + | 25 purchased are for use or consumption aboard vessels engaged in |
---|
| 167 | + | 26 foreign or international commerce or in interstate commerce. |
---|
| 168 | + | 27 Any person filing a false certificate shall be guilty of a |
---|
| 169 | + | Page 6 1 misdemeanor and upon conviction shall be fined not less than |
---|
| 170 | + | 2 $25 nor more than $500 for each offense. Each false |
---|
| 171 | + | 3 certificate filed shall constitute a separate offense. Any |
---|
| 172 | + | 4 person filing a false certificate shall be liable to the |
---|
| 173 | + | 5 department for all taxes imposed by this division upon the |
---|
| 174 | + | 6 merchant or seller, together with any interest or penalties |
---|
| 175 | + | 7 thereon, by reason of the sale or sales of fuel and supplies |
---|
| 176 | + | 8 applicable to such false certificate. If a merchant or seller |
---|
| 177 | + | 9 of fuel and supplies secures the certificate herein mentioned, |
---|
| 178 | + | 10 properly completed, such merchant or seller shall not be |
---|
| 179 | + | 11 liable for the taxes imposed by this division, if such |
---|
| 180 | + | 12 merchant or seller had no knowledge that such certificate was |
---|
| 181 | + | 13 false when it was filed with such merchant or seller. |
---|
| 182 | + | 14 (11) The gross proceeds of sales of tangible |
---|
| 183 | + | 15 personal property to the State of Alabama, to the counties |
---|
| 184 | + | 16 within the state and to incorporated municipalities of the |
---|
| 185 | + | 17 State of Alabama. |
---|
| 186 | + | 18 (12) The gross proceeds of the sale or sales of |
---|
| 187 | + | 19 railroad cars, vessels, barges, and commercial fishing vessels |
---|
| 188 | + | 20 of over five tons load displacement as registered with the |
---|
| 189 | + | 21 U.S. Coast Guard and licensed by the State of Alabama |
---|
| 190 | + | 22 Department of Conservation and Natural Resources, when sold by |
---|
| 191 | + | 23 the manufacturers or builders thereof. |
---|
| 192 | + | 24 (13) The gross proceeds of the sale or sales of |
---|
| 193 | + | 25 materials, equipment, and machinery that, at any time, enter |
---|
| 194 | + | 26 into and become a component part of ships, vessels, towing |
---|
| 195 | + | 27 vessels or barges, or drilling ships, rigs or barges, or |
---|
| 196 | + | Page 7 1 seismic or geophysical vessels, other watercraft and |
---|
| 197 | + | 2 commercial fishing vessels of over five tons load displacement |
---|
| 198 | + | 3 as registered with the U.S. Coast Guard and licensed by the |
---|
| 199 | + | 4 State of Alabama Department of Conservation and Natural |
---|
| 200 | + | 5 Resources. Additionally, the gross proceeds from the sale or |
---|
| 201 | + | 6 sales of lifeboats, personal flotation devices, ring life |
---|
| 202 | + | 7 buoys, survival craft equipment, distress signals, EPIRB's, |
---|
| 203 | + | 8 fire extinguishers, injury placards, waste management plans |
---|
| 204 | + | 9 and logs, marine sanitation devices, navigation rulebooks, |
---|
| 205 | + | 10 navigation lights, sound signals, navigation day shapes, oil |
---|
| 206 | + | 11 placard cards, garbage placards, FCC SSL, stability |
---|
| 207 | + | 12 instructions, first aid equipment, compasses, anchor and radar |
---|
| 208 | + | 13 reflectors, general alarm systems, bilge pumps, piping, and |
---|
| 209 | + | 14 discharge and electronic position fixing devices which are |
---|
| 210 | + | 15 used on the aforementioned watercraft. |
---|
| 211 | + | 16 (14) The gross proceeds of the sale or sales of fuel |
---|
| 212 | + | 17 oil purchased as fuel for kiln use in manufacturing |
---|
| 213 | + | 18 establishments. |
---|
| 214 | + | 19 (15) The gross proceeds of the sale or sales of |
---|
| 215 | + | 20 tangible personal property to county and city school boards |
---|
| 216 | + | 21 within the State of Alabama, independent school boards within |
---|
| 217 | + | 22 the State of Alabama, all educational institutions and |
---|
| 218 | + | 23 agencies of the State of Alabama, the counties within the |
---|
| 219 | + | 24 state, or any incorporated municipalities of the State of |
---|
| 220 | + | 25 Alabama, and private educational institutions operating within |
---|
| 221 | + | 26 the State of Alabama offering conventional and traditional |
---|
| 222 | + | 27 courses of study, such as those offered by public schools, |
---|
| 223 | + | Page 8 1 colleges, or universities within the State of Alabama; but not |
---|
| 224 | + | 2 including nurseries, day care centers, and home schools. |
---|
| 225 | + | 3 (16) The gross proceeds from the sale of all devices |
---|
| 226 | + | 4 or facilities, and all identifiable components thereof, or |
---|
| 227 | + | 5 materials for use therein, acquired primarily for the control, |
---|
| 228 | + | 6 reduction, or elimination of air or water pollution and the |
---|
| 229 | + | 7 gross proceeds from the sale of all identifiable components |
---|
| 230 | + | 8 of, or materials used or intended for use in, structures built |
---|
| 231 | + | 9 primarily for the control, reduction, or elimination of air |
---|
| 232 | + | 10 and water pollution. |
---|
| 233 | + | 11 (17) The gross proceeds of sales of tangible |
---|
| 234 | + | 12 personal property or the gross receipts of any business which |
---|
| 235 | + | 13 the state is prohibited from taxing under the Constitution or |
---|
| 236 | + | 14 laws of the United States or under the Constitution of this |
---|
| 237 | + | 15 state. |
---|
| 238 | + | 16 (18) When dealers or distributors use parts taken |
---|
| 239 | + | 17 from stocks owned by them in making repairs without charge for |
---|
| 240 | + | 18 such parts to the owner of the property repaired pursuant to |
---|
| 241 | + | 19 warranty agreements entered into by manufacturers, such use |
---|
| 242 | + | 20 shall not constitute taxable sales to the manufacturers, |
---|
| 243 | + | 21 distributors, or to the dealers, under this division or under |
---|
| 244 | + | 22 any county sales tax law. |
---|
| 245 | + | 23 (19) The gross proceeds received from the sale or |
---|
| 246 | + | 24 furnishing of food, including potato chips, candy, fruit and |
---|
| 247 | + | 25 similar items, soft drinks, tobacco products, and stationery |
---|
| 248 | + | 26 and other similar or related articles by hospital canteens |
---|
| 249 | + | 27 operated by Alabama state hospitals at Bryce Hospital and |
---|
| 250 | + | Page 9 1 Partlow State School for Mental Deficients at Tuscaloosa, |
---|
267 | | - | Page 10 HB20 |
---|
268 | | - | 1 (22) The gross proceeds of the sale, or sales, of |
---|
269 | | - | 2 seedlings, plants, shoots, and slips which are to be used for |
---|
270 | | - | 3 planting vegetable gardens or truck farms and other |
---|
271 | | - | 4 agricultural purposes. Nothing herein shall be construed to |
---|
272 | | - | 5 exempt, or exclude from the computation of the tax levied, |
---|
273 | | - | 6 assessed, or payable, the gross proceeds of the sale, or the |
---|
274 | | - | 7 use of plants, seedlings, shoots, slips, nursery stock, and |
---|
275 | | - | 8 floral products, except as hereinabove exempted. |
---|
276 | | - | 9 (23) The gross proceeds of the sale, or sales, of |
---|
277 | | - | 10 fabricated steel tube sections, when produced and fabricated |
---|
278 | | - | 11 in this state by any person, firm, or corporation for any |
---|
279 | | - | 12 vehicular tunnel for highway vehicular traffic, when sold by |
---|
280 | | - | 13 the manufacturer or fabricator thereof, and also the gross |
---|
281 | | - | 14 proceeds of the sale, or sales, of steel which enters into and |
---|
282 | | - | 15 becomes a component part of such fabricated steel tube |
---|
283 | | - | 16 sections of said tunnel. |
---|
284 | | - | 17 (24) The gross proceeds from sales of admissions to |
---|
285 | | - | 18 any theatrical production, symphonic or other orchestral |
---|
286 | | - | 19 concert, ballet, or opera production when such concert or |
---|
287 | | - | 20 production is presented by any society, association, guild, or |
---|
288 | | - | 21 workshop group, organized within this state, whose members or |
---|
289 | | - | 22 some of whose members regularly and actively participate in |
---|
290 | | - | 23 such concerts or productions for the purposes of providing a |
---|
291 | | - | 24 creative outlet for the cultural and educational interests of |
---|
292 | | - | 25 such members, and of promoting such interests for the |
---|
293 | | - | Page 11 HB20 |
---|
294 | | - | 1 betterment of the community by presenting such productions to |
---|
295 | | - | 2 the general public for an admission charge. The employment of |
---|
296 | | - | 3 a paid director or conductor to assist in any such |
---|
297 | | - | 4 presentation described in this subdivision shall not be |
---|
298 | | - | 5 construed to prohibit the exemptions herein provided. |
---|
299 | | - | 6 (25) The gross proceeds of sales of herbicides for |
---|
300 | | - | 7 agricultural uses by whomsoever sold. The term herbicides, as |
---|
301 | | - | 8 used in this subdivision, means any substance or mixture of |
---|
302 | | - | 9 substances intended to prevent, destroy, repel, or retard the |
---|
303 | | - | 10 growth of weeds or plants. It shall include preemergence |
---|
304 | | - | 11 herbicides, postemergence herbicides, lay-by herbicides, |
---|
305 | | - | 12 pasture herbicides, defoliant herbicides, and desiccant |
---|
306 | | - | 13 herbicides. |
---|
307 | | - | 14 (26) The Alabama Chapter of the Cystic Fibrosis |
---|
308 | | - | 15 Research Foundation and the Jefferson Tuberculosis Sanatorium |
---|
309 | | - | 16 and any of their departments or agencies, heretofore or |
---|
310 | | - | 17 hereafter organized and existing in good faith in the State of |
---|
311 | | - | 18 Alabama for purposes other than for pecuniary gain and not for |
---|
312 | | - | 19 individual profit, shall be exempted from the computation of |
---|
313 | | - | 20 the tax on the gross proceeds of all sales levied, assessed, |
---|
314 | | - | 21 or payable. |
---|
315 | | - | 22 (27) The gross proceeds from the sale or sales of |
---|
316 | | - | 23 fuel for use or consumption aboard commercial fishing vessels |
---|
317 | | - | 24 are hereby exempt from the computation of all sales taxes |
---|
318 | | - | 25 levied, assessed, or payable under the provisions of this |
---|
319 | | - | Page 12 HB20 |
---|
320 | | - | 1 division or levied under any county or municipal sales tax |
---|
321 | | - | 2 law. |
---|
322 | | - | 3 The words commercial fishing vessels shall mean |
---|
323 | | - | 4 vessels whose masters and owners are regularly and exclusively |
---|
324 | | - | 5 engaged in fishing as their means of livelihood. |
---|
325 | | - | 6 (28) The gross proceeds of sales of sawdust, wood |
---|
326 | | - | 7 shavings, wood chips, and other like materials sold for use as |
---|
327 | | - | 8 chicken litter by poultry producers and poultry processors. |
---|
328 | | - | 9 (29) The gross proceeds of the sales of all |
---|
329 | | - | 10 antibiotics, hormones and hormone preparations, drugs, |
---|
330 | | - | 11 medicines, and other medications including serums and |
---|
331 | | - | 12 vaccines, vitamins, minerals, or other nutrients for use in |
---|
332 | | - | 13 the production and growing of fish, livestock, and poultry by |
---|
333 | | - | 14 whomsoever sold. Such exemption as herein granted shall be in |
---|
334 | | - | 15 addition to the exemption provided by law for feed for fish, |
---|
335 | | - | 16 livestock, and poultry, and in addition to the exemptions |
---|
336 | | - | 17 provided by law for the above-enumerated substances and |
---|
337 | | - | 18 products when mixed and used as ingredients in fish, |
---|
338 | | - | 19 livestock, and poultry feed. |
---|
339 | | - | 20 (30) The gross proceeds of the sale or sales of all |
---|
340 | | - | 21 medicines prescribed by physicians for persons who are 65 |
---|
341 | | - | 22 years of age or older, and when said prescriptions are filled |
---|
342 | | - | 23 by licensed pharmacists, shall be exempted under this division |
---|
343 | | - | 24 or under any county or municipal sales tax law. The exemption |
---|
344 | | - | Page 13 HB20 |
---|
345 | | - | 1 provided in this section shall not apply to any medicine |
---|
346 | | - | 2 purchased in any manner other than as is herein provided. |
---|
347 | | - | 3 For the purposes of this subdivision, proof of age |
---|
348 | | - | 4 may be accomplished by filing with the dispensing pharmacist |
---|
349 | | - | 5 any one or more of the following documents: |
---|
350 | | - | 6 a. The name and claim number as shown on a Medicare |
---|
351 | | - | 7 card issued by the United States Social Security |
---|
352 | | - | 8 Administration. |
---|
353 | | - | 9 b. A certificate executed by any adult person having |
---|
354 | | - | 10 knowledge of the fact that the person for whom the medicine |
---|
355 | | - | 11 was prescribed is not less than 65 years of age. |
---|
356 | | - | 12 c. An affidavit executed by any adult person having |
---|
357 | | - | 13 knowledge of the fact that the person for whom the medicine |
---|
358 | | - | 14 was prescribed is not less than 65 years of age. |
---|
359 | | - | 15 For the purposes of this subdivision, any person |
---|
360 | | - | 16 filing a false proof of age shall be guilty of a misdemeanor |
---|
361 | | - | 17 and upon conviction thereof shall be punished by a fine of |
---|
362 | | - | 18 $100. |
---|
363 | | - | 19 (31) There shall be exempted from the tax levied by |
---|
364 | | - | 20 this division the gross receipts of sales of grass sod of all |
---|
365 | | - | 21 kinds and character when in the original state of production |
---|
366 | | - | 22 or condition of preparation for sale, when such sales are made |
---|
| 275 | + | 26 (22) The gross proceeds of the sale, or sales, of |
---|
| 276 | + | 27 seedlings, plants, shoots, and slips which are to be used for |
---|
| 277 | + | Page 10 1 planting vegetable gardens or truck farms and other |
---|
| 278 | + | 2 agricultural purposes. Nothing herein shall be construed to |
---|
| 279 | + | 3 exempt, or exclude from the computation of the tax levied, |
---|
| 280 | + | 4 assessed, or payable, the gross proceeds of the sale, or the |
---|
| 281 | + | 5 use of plants, seedlings, shoots, slips, nursery stock, and |
---|
| 282 | + | 6 floral products, except as hereinabove exempted. |
---|
| 283 | + | 7 (23) The gross proceeds of the sale, or sales, of |
---|
| 284 | + | 8 fabricated steel tube sections, when produced and fabricated |
---|
| 285 | + | 9 in this state by any person, firm, or corporation for any |
---|
| 286 | + | 10 vehicular tunnel for highway vehicular traffic, when sold by |
---|
| 287 | + | 11 the manufacturer or fabricator thereof, and also the gross |
---|
| 288 | + | 12 proceeds of the sale, or sales, of steel which enters into and |
---|
| 289 | + | 13 becomes a component part of such fabricated steel tube |
---|
| 290 | + | 14 sections of said tunnel. |
---|
| 291 | + | 15 (24) The gross proceeds from sales of admissions to |
---|
| 292 | + | 16 any theatrical production, symphonic or other orchestral |
---|
| 293 | + | 17 concert, ballet, or opera production when such concert or |
---|
| 294 | + | 18 production is presented by any society, association, guild, or |
---|
| 295 | + | 19 workshop group, organized within this state, whose members or |
---|
| 296 | + | 20 some of whose members regularly and actively participate in |
---|
| 297 | + | 21 such concerts or productions for the purposes of providing a |
---|
| 298 | + | 22 creative outlet for the cultural and educational interests of |
---|
| 299 | + | 23 such members, and of promoting such interests for the |
---|
| 300 | + | 24 betterment of the community by presenting such productions to |
---|
| 301 | + | 25 the general public for an admission charge. The employment of |
---|
| 302 | + | 26 a paid director or conductor to assist in any such |
---|
| 303 | + | Page 11 1 presentation described in this subdivision shall not be |
---|
| 304 | + | 2 construed to prohibit the exemptions herein provided. |
---|
| 305 | + | 3 (25) The gross proceeds of sales of herbicides for |
---|
| 306 | + | 4 agricultural uses by whomsoever sold. The term herbicides, as |
---|
| 307 | + | 5 used in this subdivision, means any substance or mixture of |
---|
| 308 | + | 6 substances intended to prevent, destroy, repel, or retard the |
---|
| 309 | + | 7 growth of weeds or plants. It shall include preemergence |
---|
| 310 | + | 8 herbicides, postemergence herbicides, lay-by herbicides, |
---|
| 311 | + | 9 pasture herbicides, defoliant herbicides, and desiccant |
---|
| 312 | + | 10 herbicides. |
---|
| 313 | + | 11 (26) The Alabama Chapter of the Cystic Fibrosis |
---|
| 314 | + | 12 Research Foundation and the Jefferson Tuberculosis Sanatorium |
---|
| 315 | + | 13 and any of their departments or agencies, heretofore or |
---|
| 316 | + | 14 hereafter organized and existing in good faith in the State of |
---|
| 317 | + | 15 Alabama for purposes other than for pecuniary gain and not for |
---|
| 318 | + | 16 individual profit, shall be exempted from the computation of |
---|
| 319 | + | 17 the tax on the gross proceeds of all sales levied, assessed, |
---|
| 320 | + | 18 or payable. |
---|
| 321 | + | 19 (27) The gross proceeds from the sale or sales of |
---|
| 322 | + | 20 fuel for use or consumption aboard commercial fishing vessels |
---|
| 323 | + | 21 are hereby exempt from the computation of all sales taxes |
---|
| 324 | + | 22 levied, assessed, or payable under the provisions of this |
---|
| 325 | + | 23 division or levied under any county or municipal sales tax |
---|
| 326 | + | 24 law. |
---|
| 327 | + | 25 The words commercial fishing vessels shall mean |
---|
| 328 | + | 26 vessels whose masters and owners are regularly and exclusively |
---|
| 329 | + | 27 engaged in fishing as their means of livelihood. |
---|
| 330 | + | Page 12 1 (28) The gross proceeds of sales of sawdust, wood |
---|
| 331 | + | 2 shavings, wood chips, and other like materials sold for use as |
---|
| 332 | + | 3 chicken litter by poultry producers and poultry processors. |
---|
| 333 | + | 4 (29) The gross proceeds of the sales of all |
---|
| 334 | + | 5 antibiotics, hormones and hormone preparations, drugs, |
---|
| 335 | + | 6 medicines, and other medications including serums and |
---|
| 336 | + | 7 vaccines, vitamins, minerals, or other nutrients for use in |
---|
| 337 | + | 8 the production and growing of fish, livestock, and poultry by |
---|
| 338 | + | 9 whomsoever sold. Such exemption as herein granted shall be in |
---|
| 339 | + | 10 addition to the exemption provided by law for feed for fish, |
---|
| 340 | + | 11 livestock, and poultry, and in addition to the exemptions |
---|
| 341 | + | 12 provided by law for the above-enumerated substances and |
---|
| 342 | + | 13 products when mixed and used as ingredients in fish, |
---|
| 343 | + | 14 livestock, and poultry feed. |
---|
| 344 | + | 15 (30) The gross proceeds of the sale or sales of all |
---|
| 345 | + | 16 medicines prescribed by physicians for persons who are 65 |
---|
| 346 | + | 17 years of age or older, and when said prescriptions are filled |
---|
| 347 | + | 18 by licensed pharmacists, shall be exempted under this division |
---|
| 348 | + | 19 or under any county or municipal sales tax law. The exemption |
---|
| 349 | + | 20 provided in this section shall not apply to any medicine |
---|
| 350 | + | 21 purchased in any manner other than as is herein provided. |
---|
| 351 | + | 22 For the purposes of this subdivision, proof of age |
---|
| 352 | + | 23 may be accomplished by filing with the dispensing pharmacist |
---|
| 353 | + | 24 any one or more of the following documents: |
---|
| 354 | + | 25 a. The name and claim number as shown on a Medicare |
---|
| 355 | + | 26 card issued by the United States Social Security |
---|
| 356 | + | 27 Administration. |
---|
| 357 | + | Page 13 1 b. A certificate executed by any adult person having |
---|
| 358 | + | 2 knowledge of the fact that the person for whom the medicine |
---|
| 359 | + | 3 was prescribed is not less than 65 years of age. |
---|
| 360 | + | 4 c. An affidavit executed by any adult person having |
---|
| 361 | + | 5 knowledge of the fact that the person for whom the medicine |
---|
| 362 | + | 6 was prescribed is not less than 65 years of age. |
---|
| 363 | + | 7 For the purposes of this subdivision, any person |
---|
| 364 | + | 8 filing a false proof of age shall be guilty of a misdemeanor |
---|
| 365 | + | 9 and upon conviction thereof shall be punished by a fine of |
---|
| 366 | + | 10 $100. |
---|
| 367 | + | 11 (31) There shall be exempted from the tax levied by |
---|
| 368 | + | 12 this division the gross receipts of sales of grass sod of all |
---|
| 369 | + | 13 kinds and character when in the original state of production |
---|
| 370 | + | 14 or condition of preparation for sale, when such sales are made |
---|
| 371 | + | 15 by the producer or members of his family or for him by those |
---|
| 372 | + | 16 employed by him to assist in the production thereof; provided, |
---|
| 373 | + | 17 that nothing herein shall be construed to exempt sales of sod |
---|
| 374 | + | 18 by a person engaged in the business of selling plants, |
---|
| 375 | + | 19 seedlings, nursery stock, or floral products. |
---|
| 376 | + | 20 (32) The gross receipts of sales of the following |
---|
| 377 | + | 21 items or materials which are necessary in the farm-to-market |
---|
| 378 | + | 22 production of tomatoes when such items or materials are used |
---|
368 | | - | 24 employed by him to assist in the production thereof; provided, |
---|
369 | | - | 25 that nothing herein shall be construed to exempt sales of sod |
---|
370 | | - | Page 14 HB20 |
---|
371 | | - | 1 by a person engaged in the business of selling plants, |
---|
372 | | - | 2 seedlings, nursery stock, or floral products. |
---|
373 | | - | 3 (32) The gross receipts of sales of the following |
---|
374 | | - | 4 items or materials which are necessary in the farm-to-market |
---|
375 | | - | 5 production of tomatoes when such items or materials are used |
---|
376 | | - | 6 by the producer or members of his family or for him by those |
---|
377 | | - | 7 employed by him to assist in the production thereof: Twine for |
---|
378 | | - | 8 tying tomatoes, tomato stakes, field boxes (wooden boxes used |
---|
379 | | - | 9 to take tomatoes from the fields to shed), and tomato boxes |
---|
380 | | - | 10 used in shipments to customers. |
---|
381 | | - | 11 (33) The gross proceeds from the sale of liquefied |
---|
382 | | - | 12 petroleum gas or natural gas sold to be used for agricultural |
---|
383 | | - | 13 purposes. |
---|
384 | | - | 14 (34) The gross receipts of sales from state |
---|
385 | | - | 15 nurseries of forest tree seedlings. |
---|
386 | | - | 16 (35) The gross receipts of sales of forest tree seed |
---|
387 | | - | 17 by the state. |
---|
388 | | - | 18 (36) The gross receipts of sales of Lespedeza |
---|
389 | | - | 19 bicolor and other species of perennial plant seed and |
---|
390 | | - | 20 seedlings sold for wildlife and game food production purposes |
---|
391 | | - | 21 by the state. |
---|
392 | | - | 22 (37) The gross receipts of any aircraft |
---|
393 | | - | 23 manufactured, sold, and delivered in this state if said |
---|
394 | | - | 24 aircraft are not permanently domiciled in Alabama and are |
---|
395 | | - | 25 removed to another state. |
---|
396 | | - | Page 15 HB20 |
---|
397 | | - | 1 (38) The gross proceeds from the sale or sales of |
---|
398 | | - | 2 all diesel fuel used for off-highway agricultural purposes. |
---|
399 | | - | 3 (39) The gross proceeds from sales of admissions to |
---|
400 | | - | 4 any sporting event which: |
---|
401 | | - | 5 a. Takes place in the State of Alabama on or after |
---|
402 | | - | 6 January 1, 1984, regardless of when such sales occur; and |
---|
403 | | - | 7 b. Is hosted by a not-for-profit corporation |
---|
404 | | - | 8 organized and existing under the laws of the State of Alabama; |
---|
405 | | - | 9 and |
---|
406 | | - | 10 c. Determines a national championship of a national |
---|
407 | | - | 11 organization, including but not limited to the Professional |
---|
408 | | - | 12 Golfers Association of America, the Tournament Players |
---|
409 | | - | 13 Association, the United States Golf Association, the United |
---|
410 | | - | 14 States Tennis Association, and the National Collegiate |
---|
411 | | - | 15 Athletic Association; and |
---|
412 | | - | 16 d. Has not been held in the State of Alabama on more |
---|
413 | | - | 17 than one prior occasion, provided, however, that for such |
---|
414 | | - | 18 purpose the Professional Golfers Association Championship, the |
---|
415 | | - | 19 United States Open Golf Championship, the United States |
---|
416 | | - | 20 Amateur Golf Championship of the United States Golf |
---|
417 | | - | 21 Association, and the United States Open Tennis Championship |
---|
418 | | - | 22 shall each be treated as a separate event. |
---|
419 | | - | 23 (40) The gross receipts from the sale of any |
---|
420 | | - | 24 aircraft and replacement parts, components, systems, supplies, |
---|
421 | | - | 25 and sundries affixed or used on said aircraft and ground |
---|
422 | | - | Page 16 HB20 |
---|
423 | | - | 1 support equipment and vehicles used by or for the aircraft to |
---|
424 | | - | 2 or by a certificated or licensed air carrier with a hub |
---|
425 | | - | 3 operation within this state, for use in conducting intrastate, |
---|
426 | | - | 4 interstate, or foreign commerce for transporting people or |
---|
427 | | - | 5 property by air. For the purpose of this subdivision, the |
---|
428 | | - | 6 words "hub operation within this state" shall be construed to |
---|
429 | | - | 7 have all of the following criteria: |
---|
430 | | - | 8 a. There originates from the location 15 or more |
---|
431 | | - | 9 flight departures and five or more different first-stop |
---|
432 | | - | 10 destinations five days per week for six or more months during |
---|
433 | | - | 11 the calendar year; and |
---|
434 | | - | 12 b. Passengers and/or property are regularly |
---|
435 | | - | 13 exchanged at the location between flights of the same or a |
---|
436 | | - | 14 different certificated or licensed air carrier. |
---|
437 | | - | 15 (41) The gross receipts from the sale of hot or cold |
---|
438 | | - | 16 food and beverage products sold to or by a certificated or |
---|
439 | | - | 17 licensed air carrier with a hub operation within this state, |
---|
440 | | - | 18 for use in conducting intrastate, interstate, or foreign |
---|
441 | | - | 19 commerce for transporting people or property by air. For the |
---|
442 | | - | 20 purpose of this subdivision, the words "hub operation within |
---|
443 | | - | 21 this state" shall be construed to have all of the following |
---|
444 | | - | 22 criteria: |
---|
445 | | - | 23 a. There originates from the location 15 or more |
---|
446 | | - | 24 flight departures and five or more different first-stop |
---|
447 | | - | Page 17 HB20 |
---|
448 | | - | 1 destinations five days per week for six or more months during |
---|
449 | | - | 2 the calendar year; and |
---|
450 | | - | 3 b. Passengers and/or property are regularly |
---|
451 | | - | 4 exchanged at the location between flights of the same or a |
---|
452 | | - | 5 different certificated or licensed air carrier. |
---|
453 | | - | 6 (42) The gross receipts from the sale of any |
---|
454 | | - | 7 aviation jet fuel to a certificated or licensed air carrier |
---|
455 | | - | 8 purchased for use in scheduled all-cargo operations being |
---|
456 | | - | 9 conducted on international flights or in international |
---|
457 | | - | 10 commerce. For purposes of this subdivision, the following |
---|
458 | | - | 11 words or terms shall be defined and interpreted as follows: |
---|
459 | | - | 12 a. Air Carrier. Any person, firm, corporation, or |
---|
460 | | - | 13 entity undertaking by any means, directly or indirectly, to |
---|
461 | | - | 14 provide air transportation. |
---|
462 | | - | 15 b. All-Cargo Operations. Any flight conducted by an |
---|
463 | | - | 16 air carrier for compensation or hire other than a passenger |
---|
464 | | - | 17 carrying flight, except passengers as specified in 14 C.F.R. |
---|
465 | | - | 18 §121.583(a) or 14 C.F.R. §135.85, as amended. |
---|
466 | | - | 19 c. International Commerce. Any air carrier engaged |
---|
467 | | - | 20 in all-cargo operations transporting goods for compensation or |
---|
468 | | - | 21 hire on international flights. |
---|
469 | | - | 22 d. International Flights. Any air carrier conducting |
---|
470 | | - | 23 scheduled all-cargo operations between any point within the 50 |
---|
471 | | - | 24 states of the United States and the District of Columbia and |
---|
472 | | - | 25 any point outside the 50 states of the United States and the |
---|
473 | | - | Page 18 HB20 |
---|
474 | | - | 1 District of Columbia, including any interim stops within the |
---|
475 | | - | 2 United States so long as the ultimate origin or destination of |
---|
476 | | - | 3 the aircraft is outside the United States and the District of |
---|
477 | | - | 4 Columbia. |
---|
478 | | - | 5 (43) The gross proceeds of the sale or sales of the |
---|
479 | | - | 6 following: |
---|
480 | | - | 7 a. Drill pipe, casing, tubing, and other pipe used |
---|
481 | | - | 8 for the exploration for or production of oil, gas, sulphur, or |
---|
482 | | - | 9 other minerals in offshore federal waters. |
---|
483 | | - | 10 b. Tangible personal property exclusively used for |
---|
484 | | - | 11 the exploration for or production of oil, gas, sulphur, or |
---|
485 | | - | 12 other minerals in offshore federal waters. |
---|
486 | | - | 13 c. Fuel and supplies for use or consumption aboard |
---|
487 | | - | 14 boats, ships, aircraft, and towing vessels when used |
---|
488 | | - | 15 exclusively in transporting persons or property between a |
---|
489 | | - | 16 point in Alabama and a point or points in offshore federal |
---|
490 | | - | 17 waters for the exploration for or production of oil, gas, |
---|
491 | | - | 18 sulphur, or other minerals in offshore federal waters. |
---|
492 | | - | 19 d. Drilling equipment that is used for the |
---|
493 | | - | 20 exploration for or production of oil, gas, sulphur, or other |
---|
494 | | - | 21 minerals, that is built for exclusive use outside this state |
---|
495 | | - | 22 and that is, on completion, removed forthwith from this state. |
---|
496 | | - | 23 The delivery of items exempted by this subdivision |
---|
497 | | - | 24 to the purchaser or lessee in this state does not disqualify |
---|
498 | | - | 25 the purchaser or lessee from the exemption if the property is |
---|
499 | | - | Page 19 HB20 |
---|
500 | | - | 1 removed from the state by any means, including by the use of |
---|
501 | | - | 2 the purchaser's or lessee's own facilities. |
---|
502 | | - | 3 The shipment to a place in this state of equipment |
---|
503 | | - | 4 exempted by this subdivision for further assembly or |
---|
504 | | - | 5 fabrication does not disqualify the purchaser or lessee from |
---|
505 | | - | 6 the exemption if on completion of the further assembly or |
---|
506 | | - | 7 fabrication the equipment is removed forthwith from this |
---|
507 | | - | 8 state. This subdivision applies to a sale that may occur when |
---|
508 | | - | 9 the equipment exempted is further assembled or fabricated if |
---|
509 | | - | 10 on completion the equipment is removed forthwith from this |
---|
510 | | - | 11 state. |
---|
511 | | - | 12 (44) The gross receipts derived from all bingo games |
---|
512 | | - | 13 and operations which are conducted in compliance with validly |
---|
513 | | - | 14 enacted legislation authorizing the conduct of such games and |
---|
514 | | - | 15 operations, and which comply with the distribution |
---|
515 | | - | 16 requirements of the applicable local laws; provided that the |
---|
516 | | - | 17 exemption from sales taxation granted by this subdivision |
---|
517 | | - | 18 shall apply only to gross receipts taxable under subdivision |
---|
518 | | - | 19 (2) of Section 40-23-2. It is further provided that this |
---|
519 | | - | 20 exemption shall not apply to any gross receipts from the sale |
---|
520 | | - | 21 of tangible personal property, such as concessions, novelties, |
---|
521 | | - | 22 food, beverages, etc. The exemption provided for in this |
---|
522 | | - | 23 section shall be limited to those games and operations by |
---|
523 | | - | 24 organizations which have qualified for exemption under the |
---|
524 | | - | Page 20 HB20 |
---|
525 | | - | 1 provisions of 26 U.S.C. § 501 (c) (3), (4), (7), (8), (10), or |
---|
526 | | - | 2 (19), or which are defined in 26 U.S.C. § 501(d). |
---|
527 | | - | 3 (45) The gross receipts derived from the sale or |
---|
528 | | - | 4 sales of fruit or other agricultural products by the person or |
---|
529 | | - | 5 company, as defined in Section 40-23-1, that planted or |
---|
530 | | - | 6 cultivated and harvested the fruit or agricultural product, |
---|
531 | | - | 7 when the land is owned or leased by the seller. |
---|
532 | | - | 8 (46) The gross receipts derived from the sale or |
---|
533 | | - | 9 sales of all domestically mined or produced coal, coke, and |
---|
534 | | - | 10 coke by-products used in cogeneration plants. |
---|
535 | | - | 11 (47) The gross receipts from the sale or sales of |
---|
536 | | - | 12 metal, other than gold or silver, when such metal is purchased |
---|
537 | | - | 13 for the purpose of transferring such metal to an investment |
---|
538 | | - | 14 trust in exchange for shares or other units, each of which are |
---|
539 | | - | 15 both publicly traded and represent fractional undivided |
---|
540 | | - | 16 beneficial interests in the trust's net assets, including |
---|
541 | | - | 17 metal stored in warehouses located in this state, as well as |
---|
542 | | - | 18 the gross proceeds from the sale or other transfer of such |
---|
543 | | - | 19 metal to or from such investment trust in exchange for shares |
---|
544 | | - | 20 or other units that are publicly traded and represent |
---|
545 | | - | 21 fractional undivided beneficial interests in the trust's net |
---|
546 | | - | 22 assets but not to the extent that metal is transferred to or |
---|
547 | | - | 23 from the investment trust in exchange for consideration other |
---|
548 | | - | 24 than such publicly traded shares or other units. For purposes |
---|
549 | | - | 25 of this subdivision, the term metals includes, but is not |
---|
550 | | - | Page 21 HB20 |
---|
551 | | - | 1 limited to, copper, aluminum, nickel, zinc, tin, lead, and |
---|
552 | | - | 2 other similar metals typically used in commercial and |
---|
553 | | - | 3 industrial applications. |
---|
554 | | - | 4 (48) For the period commencing on October 1, 2012, |
---|
555 | | - | 5 and ending May 30, 2022, unless extended by joint resolution, |
---|
556 | | - | 6 2032, 2027, the gross receipts from the sale of parts, |
---|
557 | | - | 7 components, and systems that become a part of a fixed or |
---|
558 | | - | 8 rotary wing military aircraft or certified transport category |
---|
559 | | - | 9 aircraft that undergoes conversion, reconfiguration, or |
---|
560 | | - | 10 general maintenance so long as the address of the aircraft for |
---|
561 | | - | 11 FAA registration is not in the state; provided, however, that |
---|
562 | | - | 12 this exemption shall not apply to a local sales tax unless |
---|
563 | | - | 13 previously exempted by local law or approved by resolution of |
---|
564 | | - | 14 the local governing body. |
---|
565 | | - | 15 The exemption authorized by this subsection shall |
---|
566 | | - | 16 not be available for sales of parts, components, or systems |
---|
567 | | - | 17 for new contracts or projects entered into after May 30, 2027, |
---|
568 | | - | 18 unless the Legislature enacts legislation to continue or |
---|
569 | | - | 19 reinstate the exemption for new contracts or projects after |
---|
570 | | - | 20 that date. No action or inaction on the part of the |
---|
571 | | - | 21 Legislature shall reduce, suspend, or disqualify sales of |
---|
572 | | - | 22 parts, components, or systems from the exemption in any past |
---|
573 | | - | 23 year or future years until May 30, 2030, with respect to |
---|
574 | | - | 24 contracts or projects entered into on or before May 30, 2027; |
---|
575 | | - | 25 it being the sole intent that failure of the Legislature to |
---|
576 | | - | Page 22 HB20 |
---|
577 | | - | 1 enact legislation to reinstate the exemption for new contracts |
---|
578 | | - | 2 or projects after May 30, 2027, shall affect only the |
---|
579 | | - | 3 availability of the exemption to new contracts and projects |
---|
580 | | - | 4 after that date and shall not affect availability of the |
---|
581 | | - | 5 exemption for contracts or projects entered into on or before |
---|
582 | | - | 6 May 30, 2027, for which the exemption shall be available until |
---|
583 | | - | 7 May 30, 2030. |
---|
584 | | - | 8 (49) The gross proceeds from the sale or sales |
---|
585 | | - | 9 within school buildings of lunches to pupils of kindergarten, |
---|
586 | | - | 10 grammar, and high schools, either public or private, that are |
---|
587 | | - | 11 not sold for profit. |
---|
588 | | - | 12 (50) The gross proceeds of services provided by |
---|
589 | | - | 13 photographers, including but not limited to sitting fees and |
---|
590 | | - | 14 consultation fees, even when provided as part of a transaction |
---|
591 | | - | 15 ultimately involving the sale of one or more photographs, so |
---|
592 | | - | 16 long as the exempt services are separately stated to the |
---|
593 | | - | 17 customer on a bill of sale, invoice, or like memorialization |
---|
594 | | - | 18 of the transaction. For transactions occurring before October |
---|
595 | | - | 19 1, 2017, neither the Department of Revenue nor local tax |
---|
596 | | - | 20 officials may seek payment for sales tax not collected. With |
---|
597 | | - | 21 regard to such transactions in which sales tax was collected |
---|
598 | | - | 22 and remitted on services provided by photographers, neither |
---|
599 | | - | 23 the taxpayer nor the entity remitting sales tax shall have the |
---|
600 | | - | 24 right to seek refund of such tax. |
---|
601 | | - | Page 23 HB20 |
---|
602 | | - | 1 (51) a. For the period commencing on June 1, 2018, |
---|
603 | | - | 2 and ending five years thereafter, unless extended by an act of |
---|
604 | | - | 3 the Legislature, the gross proceeds of sales of bullion or |
---|
605 | | - | 4 money, as defined in Section 40-1-1(7). |
---|
606 | | - | 5 b. For purposes of this subdivision, the following |
---|
607 | | - | 6 words or terms shall be defined and interpreted as follows: |
---|
608 | | - | 7 1. Bullion. Gold, silver, platinum, palladium, or a |
---|
609 | | - | 8 combination of each precious metal, that has gone through a |
---|
610 | | - | 9 refining process and for which the item's value depends on its |
---|
611 | | - | 10 mass and purity, and not on its form, numismatic value, or |
---|
612 | | - | 11 other value. The term includes bullion in the form of bars, |
---|
613 | | - | 12 ingots, or coins that meet the requirements set forth above. |
---|
614 | | - | 13 Qualifying bullion may contain other metals or substances, |
---|
615 | | - | 14 provided that the other substances are minimal in value |
---|
616 | | - | 15 compared with the value of the gold, silver, platinum, or |
---|
617 | | - | 16 palladium and the other substances do not add value to the |
---|
618 | | - | 17 item. For purposes of this subparagraph, "gold, silver, |
---|
619 | | - | 18 platinum, or palladium" does not include jewelry or works of |
---|
620 | | - | 19 art. |
---|
621 | | - | 20 2. Mass Purity. An item's mass is its weight in |
---|
622 | | - | 21 precious metal, and its purity is the amount of precious metal |
---|
623 | | - | 22 contained within the item. |
---|
624 | | - | 23 3. Numismatic Value. An external value above and |
---|
625 | | - | 24 beyond the base value of the underlying precious metal, due to |
---|
626 | | - | 25 the item's rarity, condition, age, or other external factor. |
---|
627 | | - | Page 24 HB20 |
---|
628 | | - | 1 c. In order for bullion to qualify for the sales tax |
---|
629 | | - | 2 exemption, gold, silver, platinum, and palladium items must |
---|
630 | | - | 3 meet all of the following requirements: |
---|
631 | | - | 4 1. Must be refined. |
---|
632 | | - | 5 2. Must contain at least ninety percent gold, |
---|
633 | | - | 6 silver, platinum, or palladium or some combination of these |
---|
634 | | - | 7 metals. |
---|
635 | | - | 8 3. The sales price of the item must fluctuate with |
---|
636 | | - | 9 and depend on the market price of the underlying precious |
---|
637 | | - | 10 metal, and not on the item's rarity, condition, age, or other |
---|
638 | | - | 11 external factor. |
---|
639 | | - | 12 (52) a. The gross proceeds of the initial retail |
---|
640 | | - | 13 sales of adaptive equipment that is permanently affixed to a |
---|
641 | | - | 14 motor vehicle. |
---|
642 | | - | 15 b. For the purposes of this subdivision, the |
---|
643 | | - | 16 following words or terms shall be defined and interpreted as |
---|
644 | | - | 17 follows: |
---|
645 | | - | 18 1. Adaptive Equipment. Equipment not generally used |
---|
646 | | - | 19 by persons with normal mobility that is appropriate for use in |
---|
647 | | - | 20 a motor vehicle and that is not normally provided by a motor |
---|
648 | | - | 21 vehicle manufacturer. |
---|
649 | | - | 22 2. Motor Vehicle. A vehicle as defined in Section |
---|
650 | | - | 23 40-12-240. |
---|
651 | | - | Page 25 HB20 |
---|
652 | | - | 1 3. Motor Vehicle Manufacturer. Every person engaged |
---|
653 | | - | 2 in the business of constructing or assembling vehicles or |
---|
654 | | - | 3 manufactured homes. |
---|
655 | | - | 4 c. In order to qualify for the exemption provided |
---|
656 | | - | 5 for herein, the adaptive equipment must be separately stated |
---|
657 | | - | 6 to the customer on a bill of sale, invoice, or like |
---|
658 | | - | 7 memorialization of the transaction. |
---|
659 | | - | 8 (b) Any violation of any provision of this section |
---|
660 | | - | 9 shall be punishable in a court of competent jurisdiction by a |
---|
661 | | - | 10 fine of not less than five hundred dollars ($500) and no more |
---|
662 | | - | 11 than two thousand dollars ($2,000) and imprisonment of not |
---|
663 | | - | 12 less than six months nor more than one year in the county |
---|
664 | | - | 13 jail." |
---|
665 | | - | 14 Section 2. Notwithstanding any other provision of |
---|
666 | | - | 15 this chapter to the contrary, no exemption provided by |
---|
667 | | - | 16 existing law in this chapter shall be extended, expanded, or |
---|
668 | | - | 17 modified by a Joint Resolution of the Legislature. Any Joint |
---|
669 | | - | 18 Resolution passed in violation of this provision shall be null |
---|
670 | | - | 19 and void. |
---|
671 | | - | 20 Section 3. This act shall become effective |
---|
672 | | - | 21 immediately following its passage and approval by the |
---|
673 | | - | 22 Governor, or its otherwise becoming law. |
---|
674 | | - | Page 26 HB20 |
---|
675 | | - | 1 |
---|
676 | | - | 2 |
---|
677 | | - | 3 |
---|
678 | | - | 4 |
---|
679 | | - | Speaker of the House of Representatives |
---|
680 | | - | |
---|
681 | | - | 5 |
---|
682 | | - | 6 President and Presiding Officer of the Senate |
---|
683 | | - | House of Representatives7 |
---|
684 | | - | I hereby certify that the within Act originated in8 |
---|
685 | | - | 9 and was passed by the House 24-FEB-22. |
---|
686 | | - | 10 |
---|
687 | | - | 11 Jeff Woodard |
---|
688 | | - | 12 Clerk |
---|
689 | | - | 13 |
---|
690 | | - | 14 |
---|
691 | | - | Senate15 31-MAR-22 Amended and Passed |
---|
692 | | - | House16 05-APR-22 |
---|
693 | | - | Concurred in Sen- |
---|
694 | | - | ate Amendment |
---|
695 | | - | 17 |
---|
696 | | - | Page 27 |
---|
| 380 | + | 24 employed by him to assist in the production thereof: Twine for |
---|
| 381 | + | 25 tying tomatoes, tomato stakes, field boxes (wooden boxes used |
---|
| 382 | + | 26 to take tomatoes from the fields to shed), and tomato boxes |
---|
| 383 | + | 27 used in shipments to customers. |
---|
| 384 | + | Page 14 1 (33) The gross proceeds from the sale of liquefied |
---|
| 385 | + | 2 petroleum gas or natural gas sold to be used for agricultural |
---|
| 386 | + | 3 purposes. |
---|
| 387 | + | 4 (34) The gross receipts of sales from state |
---|
| 388 | + | 5 nurseries of forest tree seedlings. |
---|
| 389 | + | 6 (35) The gross receipts of sales of forest tree seed |
---|
| 390 | + | 7 by the state. |
---|
| 391 | + | 8 (36) The gross receipts of sales of Lespedeza |
---|
| 392 | + | 9 bicolor and other species of perennial plant seed and |
---|
| 393 | + | 10 seedlings sold for wildlife and game food production purposes |
---|
| 394 | + | 11 by the state. |
---|
| 395 | + | 12 (37) The gross receipts of any aircraft |
---|
| 396 | + | 13 manufactured, sold, and delivered in this state if said |
---|
| 397 | + | 14 aircraft are not permanently domiciled in Alabama and are |
---|
| 398 | + | 15 removed to another state. |
---|
| 399 | + | 16 (38) The gross proceeds from the sale or sales of |
---|
| 400 | + | 17 all diesel fuel used for off-highway agricultural purposes. |
---|
| 401 | + | 18 (39) The gross proceeds from sales of admissions to |
---|
| 402 | + | 19 any sporting event which: |
---|
| 403 | + | 20 a. Takes place in the State of Alabama on or after |
---|
| 404 | + | 21 January 1, 1984, regardless of when such sales occur; and |
---|
| 405 | + | 22 b. Is hosted by a not-for-profit corporation |
---|
| 406 | + | 23 organized and existing under the laws of the State of Alabama; |
---|
| 407 | + | 24 and |
---|
| 408 | + | 25 c. Determines a national championship of a national |
---|
| 409 | + | 26 organization, including but not limited to the Professional |
---|
| 410 | + | 27 Golfers Association of America, the Tournament Players |
---|
| 411 | + | Page 15 1 Association, the United States Golf Association, the United |
---|
| 412 | + | 2 States Tennis Association, and the National Collegiate |
---|
| 413 | + | 3 Athletic Association; and |
---|
| 414 | + | 4 d. Has not been held in the State of Alabama on more |
---|
| 415 | + | 5 than one prior occasion, provided, however, that for such |
---|
| 416 | + | 6 purpose the Professional Golfers Association Championship, the |
---|
| 417 | + | 7 United States Open Golf Championship, the United States |
---|
| 418 | + | 8 Amateur Golf Championship of the United States Golf |
---|
| 419 | + | 9 Association, and the United States Open Tennis Championship |
---|
| 420 | + | 10 shall each be treated as a separate event. |
---|
| 421 | + | 11 (40) The gross receipts from the sale of any |
---|
| 422 | + | 12 aircraft and replacement parts, components, systems, supplies, |
---|
| 423 | + | 13 and sundries affixed or used on said aircraft and ground |
---|
| 424 | + | 14 support equipment and vehicles used by or for the aircraft to |
---|
| 425 | + | 15 or by a certificated or licensed air carrier with a hub |
---|
| 426 | + | 16 operation within this state, for use in conducting intrastate, |
---|
| 427 | + | 17 interstate, or foreign commerce for transporting people or |
---|
| 428 | + | 18 property by air. For the purpose of this subdivision, the |
---|
| 429 | + | 19 words "hub operation within this state" shall be construed to |
---|
| 430 | + | 20 have all of the following criteria: |
---|
| 431 | + | 21 a. There originates from the location 15 or more |
---|
| 432 | + | 22 flight departures and five or more different first-stop |
---|
| 433 | + | 23 destinations five days per week for six or more months during |
---|
| 434 | + | 24 the calendar year; and |
---|
| 435 | + | 25 b. Passengers and/or property are regularly |
---|
| 436 | + | 26 exchanged at the location between flights of the same or a |
---|
| 437 | + | 27 different certificated or licensed air carrier. |
---|
| 438 | + | Page 16 1 (41) The gross receipts from the sale of hot or cold |
---|
| 439 | + | 2 food and beverage products sold to or by a certificated or |
---|
| 440 | + | 3 licensed air carrier with a hub operation within this state, |
---|
| 441 | + | 4 for use in conducting intrastate, interstate, or foreign |
---|
| 442 | + | 5 commerce for transporting people or property by air. For the |
---|
| 443 | + | 6 purpose of this subdivision, the words "hub operation within |
---|
| 444 | + | 7 this state" shall be construed to have all of the following |
---|
| 445 | + | 8 criteria: |
---|
| 446 | + | 9 a. There originates from the location 15 or more |
---|
| 447 | + | 10 flight departures and five or more different first-stop |
---|
| 448 | + | 11 destinations five days per week for six or more months during |
---|
| 449 | + | 12 the calendar year; and |
---|
| 450 | + | 13 b. Passengers and/or property are regularly |
---|
| 451 | + | 14 exchanged at the location between flights of the same or a |
---|
| 452 | + | 15 different certificated or licensed air carrier. |
---|
| 453 | + | 16 (42) The gross receipts from the sale of any |
---|
| 454 | + | 17 aviation jet fuel to a certificated or licensed air carrier |
---|
| 455 | + | 18 purchased for use in scheduled all-cargo operations being |
---|
| 456 | + | 19 conducted on international flights or in international |
---|
| 457 | + | 20 commerce. For purposes of this subdivision, the following |
---|
| 458 | + | 21 words or terms shall be defined and interpreted as follows: |
---|
| 459 | + | 22 a. Air Carrier. Any person, firm, corporation, or |
---|
| 460 | + | 23 entity undertaking by any means, directly or indirectly, to |
---|
| 461 | + | 24 provide air transportation. |
---|
| 462 | + | 25 b. All-Cargo Operations. Any flight conducted by an |
---|
| 463 | + | 26 air carrier for compensation or hire other than a passenger |
---|
| 464 | + | Page 17 1 carrying flight, except passengers as specified in 14 C.F.R. |
---|
| 465 | + | 2 §121.583(a) or 14 C.F.R. §135.85, as amended. |
---|
| 466 | + | 3 c. International Commerce. Any air carrier engaged |
---|
| 467 | + | 4 in all-cargo operations transporting goods for compensation or |
---|
| 468 | + | 5 hire on international flights. |
---|
| 469 | + | 6 d. International Flights. Any air carrier conducting |
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| 470 | + | 7 scheduled all-cargo operations between any point within the 50 |
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| 471 | + | 8 states of the United States and the District of Columbia and |
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| 472 | + | 9 any point outside the 50 states of the United States and the |
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| 473 | + | 10 District of Columbia, including any interim stops within the |
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| 474 | + | 11 United States so long as the ultimate origin or destination of |
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| 475 | + | 12 the aircraft is outside the United States and the District of |
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| 476 | + | 13 Columbia. |
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| 477 | + | 14 (43) The gross proceeds of the sale or sales of the |
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| 478 | + | 15 following: |
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| 479 | + | 16 a. Drill pipe, casing, tubing, and other pipe used |
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| 480 | + | 17 for the exploration for or production of oil, gas, sulphur, or |
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| 481 | + | 18 other minerals in offshore federal waters. |
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| 482 | + | 19 b. Tangible personal property exclusively used for |
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| 483 | + | 20 the exploration for or production of oil, gas, sulphur, or |
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| 484 | + | 21 other minerals in offshore federal waters. |
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| 485 | + | 22 c. Fuel and supplies for use or consumption aboard |
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| 486 | + | 23 boats, ships, aircraft, and towing vessels when used |
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| 487 | + | 24 exclusively in transporting persons or property between a |
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| 488 | + | 25 point in Alabama and a point or points in offshore federal |
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| 489 | + | 26 waters for the exploration for or production of oil, gas, |
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| 490 | + | 27 sulphur, or other minerals in offshore federal waters. |
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| 491 | + | Page 18 1 d. Drilling equipment that is used for the |
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| 492 | + | 2 exploration for or production of oil, gas, sulphur, or other |
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| 493 | + | 3 minerals, that is built for exclusive use outside this state |
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| 494 | + | 4 and that is, on completion, removed forthwith from this state. |
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| 495 | + | 5 The delivery of items exempted by this subdivision |
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| 496 | + | 6 to the purchaser or lessee in this state does not disqualify |
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| 497 | + | 7 the purchaser or lessee from the exemption if the property is |
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| 498 | + | 8 removed from the state by any means, including by the use of |
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| 499 | + | 9 the purchaser's or lessee's own facilities. |
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| 500 | + | 10 The shipment to a place in this state of equipment |
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| 501 | + | 11 exempted by this subdivision for further assembly or |
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| 502 | + | 12 fabrication does not disqualify the purchaser or lessee from |
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| 503 | + | 13 the exemption if on completion of the further assembly or |
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| 504 | + | 14 fabrication the equipment is removed forthwith from this |
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| 505 | + | 15 state. This subdivision applies to a sale that may occur when |
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| 506 | + | 16 the equipment exempted is further assembled or fabricated if |
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| 507 | + | 17 on completion the equipment is removed forthwith from this |
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| 508 | + | 18 state. |
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| 509 | + | 19 (44) The gross receipts derived from all bingo games |
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| 510 | + | 20 and operations which are conducted in compliance with validly |
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| 511 | + | 21 enacted legislation authorizing the conduct of such games and |
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| 512 | + | 22 operations, and which comply with the distribution |
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| 513 | + | 23 requirements of the applicable local laws; provided that the |
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| 514 | + | 24 exemption from sales taxation granted by this subdivision |
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| 515 | + | 25 shall apply only to gross receipts taxable under subdivision |
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| 516 | + | 26 (2) of Section 40-23-2. It is further provided that this |
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| 517 | + | 27 exemption shall not apply to any gross receipts from the sale |
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| 518 | + | Page 19 1 of tangible personal property, such as concessions, novelties, |
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| 519 | + | 2 food, beverages, etc. The exemption provided for in this |
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| 520 | + | 3 section shall be limited to those games and operations by |
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| 521 | + | 4 organizations which have qualified for exemption under the |
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| 522 | + | 5 provisions of 26 U.S.C. § 501 (c) (3), (4), (7), (8), (10), or |
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| 523 | + | 6 (19), or which are defined in 26 U.S.C. § 501(d). |
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| 524 | + | 7 (45) The gross receipts derived from the sale or |
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| 525 | + | 8 sales of fruit or other agricultural products by the person or |
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| 526 | + | 9 company, as defined in Section 40-23-1, that planted or |
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| 527 | + | 10 cultivated and harvested the fruit or agricultural product, |
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| 528 | + | 11 when the land is owned or leased by the seller. |
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| 529 | + | 12 (46) The gross receipts derived from the sale or |
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| 530 | + | 13 sales of all domestically mined or produced coal, coke, and |
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| 531 | + | 14 coke by-products used in cogeneration plants. |
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| 532 | + | 15 (47) The gross receipts from the sale or sales of |
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| 533 | + | 16 metal, other than gold or silver, when such metal is purchased |
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| 534 | + | 17 for the purpose of transferring such metal to an investment |
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| 535 | + | 18 trust in exchange for shares or other units, each of which are |
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| 536 | + | 19 both publicly traded and represent fractional undivided |
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| 537 | + | 20 beneficial interests in the trust's net assets, including |
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| 538 | + | 21 metal stored in warehouses located in this state, as well as |
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| 539 | + | 22 the gross proceeds from the sale or other transfer of such |
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| 540 | + | 23 metal to or from such investment trust in exchange for shares |
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| 541 | + | 24 or other units that are publicly traded and represent |
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| 542 | + | 25 fractional undivided beneficial interests in the trust's net |
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| 543 | + | 26 assets but not to the extent that metal is transferred to or |
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| 544 | + | 27 from the investment trust in exchange for consideration other |
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| 545 | + | Page 20 1 than such publicly traded shares or other units. For purposes |
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| 546 | + | 2 of this subdivision, the term metals includes, but is not |
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| 547 | + | 3 limited to, copper, aluminum, nickel, zinc, tin, lead, and |
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| 548 | + | 4 other similar metals typically used in commercial and |
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| 549 | + | 5 industrial applications. |
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| 550 | + | 6 (48) For the period commencing on October 1, 2012, |
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| 551 | + | 7 and ending May 30, 2022, unless extended by joint resolution, |
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| 552 | + | 8 2032, the gross receipts from the sale of parts, components, |
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| 553 | + | 9 and systems that become a part of a fixed or rotary wing |
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| 554 | + | 10 military aircraft or certified transport category aircraft |
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| 555 | + | 11 that undergoes conversion, reconfiguration, or general |
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| 556 | + | 12 maintenance so long as the address of the aircraft for FAA |
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| 557 | + | 13 registration is not in the state; provided, however, that this |
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| 558 | + | 14 exemption shall not apply to a local sales tax unless |
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| 559 | + | 15 previously exempted by local law or approved by resolution of |
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| 560 | + | 16 the local governing body. |
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| 561 | + | 17 (49) The gross proceeds from the sale or sales |
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| 562 | + | 18 within school buildings of lunches to pupils of kindergarten, |
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| 563 | + | 19 grammar, and high schools, either public or private, that are |
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| 564 | + | 20 not sold for profit. |
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| 565 | + | 21 (50) The gross proceeds of services provided by |
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| 566 | + | 22 photographers, including but not limited to sitting fees and |
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| 567 | + | 23 consultation fees, even when provided as part of a transaction |
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| 568 | + | 24 ultimately involving the sale of one or more photographs, so |
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| 569 | + | 25 long as the exempt services are separately stated to the |
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| 570 | + | 26 customer on a bill of sale, invoice, or like memorialization |
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| 571 | + | 27 of the transaction. For transactions occurring before October |
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| 572 | + | Page 21 1 1, 2017, neither the Department of Revenue nor local tax |
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| 573 | + | 2 officials may seek payment for sales tax not collected. With |
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| 574 | + | 3 regard to such transactions in which sales tax was collected |
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| 575 | + | 4 and remitted on services provided by photographers, neither |
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| 576 | + | 5 the taxpayer nor the entity remitting sales tax shall have the |
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| 577 | + | 6 right to seek refund of such tax. |
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| 578 | + | 7 (51) a. For the period commencing on June 1, 2018, |
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| 579 | + | 8 and ending five years thereafter, unless extended by an act of |
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| 580 | + | 9 the Legislature, the gross proceeds of sales of bullion or |
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| 581 | + | 10 money, as defined in Section 40-1-1(7). |
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| 582 | + | 11 b. For purposes of this subdivision, the following |
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| 583 | + | 12 words or terms shall be defined and interpreted as follows: |
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| 584 | + | 13 1. Bullion. Gold, silver, platinum, palladium, or a |
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| 585 | + | 14 combination of each precious metal, that has gone through a |
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| 586 | + | 15 refining process and for which the item's value depends on its |
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| 587 | + | 16 mass and purity, and not on its form, numismatic value, or |
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| 588 | + | 17 other value. The term includes bullion in the form of bars, |
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| 589 | + | 18 ingots, or coins that meet the requirements set forth above. |
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| 590 | + | 19 Qualifying bullion may contain other metals or substances, |
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| 591 | + | 20 provided that the other substances are minimal in value |
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| 592 | + | 21 compared with the value of the gold, silver, platinum, or |
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| 593 | + | 22 palladium and the other substances do not add value to the |
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| 594 | + | 23 item. For purposes of this subparagraph, "gold, silver, |
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| 595 | + | 24 platinum, or palladium" does not include jewelry or works of |
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| 596 | + | 25 art. |
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| 597 | + | Page 22 1 2. Mass Purity. An item's mass is its weight in |
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| 598 | + | 2 precious metal, and its purity is the amount of precious metal |
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| 599 | + | 3 contained within the item. |
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| 600 | + | 4 3. Numismatic Value. An external value above and |
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| 601 | + | 5 beyond the base value of the underlying precious metal, due to |
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| 602 | + | 6 the item's rarity, condition, age, or other external factor. |
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| 603 | + | 7 c. In order for bullion to qualify for the sales tax |
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| 604 | + | 8 exemption, gold, silver, platinum, and palladium items must |
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| 605 | + | 9 meet all of the following requirements: |
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| 606 | + | 10 1. Must be refined. |
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| 607 | + | 11 2. Must contain at least ninety percent gold, |
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| 608 | + | 12 silver, platinum, or palladium or some combination of these |
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| 609 | + | 13 metals. |
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| 610 | + | 14 3. The sales price of the item must fluctuate with |
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| 611 | + | 15 and depend on the market price of the underlying precious |
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| 612 | + | 16 metal, and not on the item's rarity, condition, age, or other |
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| 613 | + | 17 external factor. |
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| 614 | + | 18 (52) a. The gross proceeds of the initial retail |
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| 615 | + | 19 sales of adaptive equipment that is permanently affixed to a |
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| 616 | + | 20 motor vehicle. |
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| 617 | + | 21 b. For the purposes of this subdivision, the |
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| 618 | + | 22 following words or terms shall be defined and interpreted as |
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| 619 | + | 23 follows: |
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| 620 | + | 24 1. Adaptive Equipment. Equipment not generally used |
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| 621 | + | 25 by persons with normal mobility that is appropriate for use in |
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| 622 | + | 26 a motor vehicle and that is not normally provided by a motor |
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| 623 | + | 27 vehicle manufacturer. |
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| 624 | + | Page 23 1 2. Motor Vehicle. A vehicle as defined in Section |
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| 625 | + | 2 40-12-240. |
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| 626 | + | 3 3. Motor Vehicle Manufacturer. Every person engaged |
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| 627 | + | 4 in the business of constructing or assembling vehicles or |
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| 628 | + | 5 manufactured homes. |
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| 629 | + | 6 c. In order to qualify for the exemption provided |
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| 630 | + | 7 for herein, the adaptive equipment must be separately stated |
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| 631 | + | 8 to the customer on a bill of sale, invoice, or like |
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| 632 | + | 9 memorialization of the transaction. |
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| 633 | + | 10 (b) Any violation of any provision of this section |
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| 634 | + | 11 shall be punishable in a court of competent jurisdiction by a |
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| 635 | + | 12 fine of not less than five hundred dollars ($500) and no more |
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| 636 | + | 13 than two thousand dollars ($2,000) and imprisonment of not |
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| 637 | + | 14 less than six months nor more than one year in the county |
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| 638 | + | 15 jail." |
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| 639 | + | 16 Section 2. This act shall become effective |
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| 640 | + | 17 immediately following its passage and approval by the |
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| 641 | + | 18 Governor, or its otherwise becoming law. |
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| 642 | + | Page 24 |
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