Code of Alabama
Article 12 - Alabama Terminal Excise Tax Act.
Section 40-17-338 - Discontinuance of Business by a Licensee.

(a) A licensee who discontinues in its entirety the business for which a license was authorized by this article shall notify the department in writing at least 10 days prior to the time of the discontinuance, sale, or transfer takes effect, and shall surrender the license to the department. The notice shall state the effective date of the discontinuance and, if the licensee has transferred the business or otherwise relinquished control to another person by sale or other means, the date of the sale or transfer and the name and address of the person to whom the business is transferred or relinquished. The notice shall also include any other information required by the department.
(b) All taxes for which the licensee is liable under this article but are not yet payable shall be due on the date of the discontinuance. If the licensee has transferred the business to another person and does not give the notice required herein, the person to whom the business was transferred is jointly and severally liable for the amount of any tax owed by the licensee to this state on the date the business was transferred. The liability of the person to whom the business was transferred shall not exceed the value of the property and business acquired from the licensee.

Structure Code of Alabama

Code of Alabama

Title 40 - Revenue and Taxation.

Chapter 17 - Gasoline and Other Motor Fuels; Lubricating Oils.

Article 12 - Alabama Terminal Excise Tax Act.

Section 40-17-320 - Short Title.

Section 40-17-321 - Legislative Intent.

Section 40-17-322 - Definitions.

Section 40-17-323 - Promulgation of Rules; Reporting Forms or Format.

Section 40-17-324 - Exchange of Information With Other States.

Section 40-17-325 - Levy of Excise Tax; Rates.

Section 40-17-326 - Taxable Activities; Terminal Operators Deemed Suppliers; Tax to Be Added to Selling Price of Motor Fuel.

Section 40-17-327 - Taxable Unaccounted for Motor Fuel Losses at a Terminal.

Section 40-17-328 - Fuels on Which Tax Is Levied; Who Is Liable for Tax.

Section 40-17-329 - Exemptions.

Section 40-17-330 - Refund Petitions and Claims.

Section 40-17-331 - Floor-Stocks Tax on Motor Fuel.

Section 40-17-332 - Licenses Required.

Section 40-17-333 - Application for License.

Section 40-17-334 - Licensed Permissive Suppliers.

Section 40-17-335 - Surety Bond.

Section 40-17-336 - Refusal to Issue License; Appeal.

Section 40-17-337 - Issuance of License; Nontransferability.

Section 40-17-338 - Discontinuance of Business by a Licensee.

Section 40-17-339 - Cancellation of License.

Section 40-17-340 - Filing of Monthly Return and Payment Due.

Section 40-17-341 - Remitting of Taxes Due to Supplier or Permissive Supplier.

Section 40-17-342 - Requirements for Returns.

Section 40-17-343 - Deductions From Monthly Return for Payments Not Previously Remitted; Administrative Discount.

Section 40-17-344 - Payments Held in Trust for the State; Notification of Nonpayment.

Section 40-17-345 - Import Verification Number; Licensing.

Section 40-17-346 - Monthly Exporter Returns.

Section 40-17-347 - Monthly Informational Report of Terminal Operators; Annual Report.

Section 40-17-348 - Monthly Informational Report of Motor Fuel Transporter.

Section 40-17-349 - Violations.

Section 40-17-350 - Transportation of Motor Fuel; Inspections.

Section 40-17-351 - Civil Penalties.

Section 40-17-352 - Criminal Penalties.

Section 40-17-353 - Seizure of Storage Receptacles Pending Payment of Taxes, Interest, and Penalties; Sale of Motor Fuel; Forfeiture of Contraband.

Section 40-17-354 - Recordkeeping.

Section 40-17-355 - Refusal to Permit Inspection.

Section 40-17-356 - Dyed Diesel Fuel.

Section 40-17-357 - Preemption of Local Laws.

Section 40-17-358 - Taxes to Be Borne by Consumer and Paid Once.

Section 40-17-359 - Distribution and Use of Proceeds.

Section 40-17-360 - Disposition of Aviation Fuel Proceeds.

Section 40-17-361 - Disposition of Diesel Proceeds.

Section 40-17-362 - Use of Tax Proceeds for Highway Purposes.

Section 40-17-363 - Funding.