(a) If any person liable to pay any tax, other than ad valorem taxes, neglects or refuses to pay the same the amount, including any interest, penalty, additional amount, or addition to such tax, together with any costs which may accrue in addition thereto, shall be a lien in favor of the State of Alabama upon all property and the rights to property, real or personal, belonging to such person. Unless another date is specifically fixed by law, the lien shall arise at the time the assessment list, return therefor or the payment thereof, as the case may be, was due to have been filed with or made to the Department of Revenue or other agency of the state or county and shall continue until the liability for such amount is satisfied or becomes unenforceable by reason of the lapse of time.
(b) Such lien shall not be valid against any mortgagee, purchaser in the usual course of trade, or conventional judgment creditor with an actual money judgment of some court until after the time a notice thereof has been filed by the Department of Revenue or other agency of the state or county in the office of the judge of probate of the county in which such property, real or personal, is located, but the recordation thereof as to any other person, receiver, trustee, creditor, or committee shall not be required.
(c) The Department of Revenue or other agency of the state or county with whom the assessment list, return or to whom the payment of the tax was due to have been made or paid may file in the office of the judge of probate of any county in this state a certificate which shall show the agency of the state filing the same, the amount and kind of the tax for which a lien is claimed, including any interest, penalty, additional amount, or addition to such tax, together with any costs that may have accrued in addition thereto, the names of all persons against whose property a lien for such tax is claimed and the date of the said notice. Any error in the certificate of the amount shall not invalidate the lien for the amount actually due. If the taxpayer shall file with the Department of Revenue a bond in double the amount of the lien filed, with surety or sureties satisfactory to the Commissioner of Revenue, such surety or sureties to be either a surety company authorized to do business in Alabama or such individual resident property owners, not less than three in number, as are recommended by the judge of probate of the county in which the notice of lien is recorded, conditioned to pay all such tax, interest, penalty, additional amount, or addition to such tax, together with any costs which may accrue in addition thereto as may be assessed against the taxpayer, principal in said bond, the Commissioner of Revenue, upon approving the same, may withdraw or cancel said certificate of lien filed under the provisions of this section, and, upon a determination that the said taxpayer owes any of said taxes to the state, the assessment (judgment) therefor shall be entered against said taxpayer and the surety or sureties on said bond; and, if not paid within 30 days from the date of said final assessment (judgment), then execution shall issue therefor against said principal and the surety or sureties on said bond. If the bond hereinabove provided for is not given and approved by the said commissioner, and a final assessment (judgment) is entered against said taxpayer and he duly and legally appeals therefrom within the time and in the manner provided for by this title, the Commissioner of Revenue may cancel or withdraw from record said certificate of lien.
(d) Such certificate shall be indexed and recorded under the same provision of law of this state relating to the filing and recording of certificate of judgment, without cost, but no acknowledgment or probate of such certificate shall be required.
Structure Code of Alabama
Title 40 - Revenue and Taxation.
Chapter 1 - General Provisions.
Section 40-1-2 - Lien for Taxes - Generally.
Section 40-1-3 - Lien for Taxes - Date of Lien.
Section 40-1-4 - Lien for Taxes - Preferred Claim.
Section 40-1-5 - Reports; Remitting of Payments.
Section 40-1-7 - Liability of Agents for Taxes.
Section 40-1-8 - Liability of Receivers and Trustees.
Section 40-1-9 - Equalization of Taxation of State and National Banks.
Section 40-1-10 - Duty of Salaried Officers as to Disposition of Fees Collected.
Section 40-1-13 - Defense of Actions Involving Revenue Laws.
Section 40-1-14 - Payment of Court Costs.
Section 40-1-15 - Execution Sufficient Warrant for Levy.
Section 40-1-16 - Copies of Books, Records, Papers, etc., Admitted in Evidence.
Section 40-1-17 - Judgment on Verdict in Favor of State Against Officers.
Section 40-1-18 - Falsely Returning List of Taxpayer as Sworn To.
Section 40-1-19 - Bank Officer Failing to Make, Swear To, and Deliver Required Statements.
Section 40-1-20 - Taxing Authorities Acting as Attorney for Taxpayer.
Section 40-1-21 - Access to Books and Records of Revenue Officers.
Section 40-1-22 - Penalty for Officers Who Neglect Duty.
Section 40-1-23 - Liability of Officers for Conversion.
Section 40-1-24 - Duty of Sheriff in Selling Property Under Execution, Etc.
Section 40-1-25 - Dealing in State Securities.
Section 40-1-26 - Falsely and Fraudulently Procuring State Warrants.
Section 40-1-27 - Payment of Taxes by Lienors.
Section 40-1-28 - Impeachment of Officers.
Section 40-1-29 - Form of Notices to Taxpayers.
Section 40-1-30 - Notice Required to Be Given by Registered Mail May Be Given by Certified Mail.
Section 40-1-31 - Distribution of Revenues Collected.
Section 40-1-31.1 - Disposition of Certain Fees.
Section 40-1-32.1 - Education Trust Fund Proration Prevention Act.
Section 40-1-35 - Enforcement of Liability for Taxes Imposed by Other States.
Section 40-1-37 - Ratification of Certain Municipal or County Elections as to Levy of Special Taxes.
Section 40-1-39 - Prompt Returns, Reports, Payments, and Settlements.
Section 40-1-40 - Actions Against Officers.
Section 40-1-41 - Correction of Settlements of Assessors.
Section 40-1-42 - Overpayments Into State Treasury.
Section 40-1-44 - Interest on Delinquent Taxes and Overpayments.
Section 40-1-45 - Timely Mailing Treated as Timely Filing and Paying.
Section 40-1-46 - Payment to Certain Certified Appraisers, Mappers, or Tax Administrators.
Section 40-1-47 - Investment of Ad Valorem Taxes.
Section 40-1-48 - Investment of Ad Valorem Taxes - Use of Special Funds.
Section 40-1-49 - Suspension of Collection When Costs Exceed Amounts Collected.
Section 40-1-50 - Reporting Requirements of State Agencies Administering Economic Tax Incentives.