(a) Taxpayer filing separate returns. If a taxpayer, with the approval of the Department of Revenue, changes the basis of computing taxable income from the fiscal year to the calendar year, a separate return shall be filed for the period between the close of the last fiscal year for which return shall be made and the following December 31. If the change is made from the calendar year to the fiscal year, a separate return shall be filed for the period between the close of the last calendar year for which return was filed and the date designated as the close of the last fiscal year. If the change is made from one fiscal year to another fiscal year, a separate return shall be filed for the period between the close of the former fiscal year and the date designated as the close of the new fiscal year. If a taxpayer filing the taxpayer's first return for income tax keeps accounts on the basis of a fiscal year, the taxpayer shall file a separate return for the period between the beginning of a calendar year in which such fiscal year ends and the end of such fiscal year. In all of the above cases the taxable income shall be computed on the basis of such period for which the separate return is filed, and the tax shall be paid thereon at the rate in effect during the calendar year in which such period is included; and, except for the period during which the taxpayer dies, the exemptions allowed in this chapter shall be reduced respectively to amounts which bear the same ratio to the full exemptions provided for as the number of months in such period to 12 months.
(b) Corporations filing Alabama consolidated returns. If a corporation changes the basis of computing its income from the fiscal year to the calendar year by virtue of its election to file an Alabama consolidated return under Section 40-18-39, an Alabama consolidated return shall be filed for the period between the close of the last fiscal year for which the return shall be filed and the following December 31. If the change is made from the calendar year to the fiscal year, and the taxpayer elects to file an Alabama consolidated return under Section 40-18-39, an Alabama consolidated return shall be filed for the period between the close of the last calendar year for which the return was filed and the date designated as the close of the first fiscal year. If the change is made from one fiscal year to another fiscal year, and the taxpayer elects to file an Alabama consolidated return under Section 40-18-39, an Alabama consolidated return shall be filed for the period between the close of the former fiscal year and the date designated as the close of the new fiscal year for the Alabama affiliated group. If a taxpayer filing an initial return for income tax keeps accounts on the basis of a fiscal year, and the taxpayer elects to file an Alabama consolidated return under Section 40-18-39, the taxpayer shall file an Alabama consolidated return for the period between the beginning of the calendar year in which its fiscal year ends and the end of such fiscal year for the Alabama consolidated group. In all the above cases, the taxpayer's taxable income shall be computed on the basis of the period for which the Alabama consolidated return is filed, and the tax shall be paid thereon at the rate in effect during the calendar year in which such period is included.
Structure Code of Alabama
Title 40 - Revenue and Taxation.
Article 1 - General Provisions.
Section 40-18-1 - Definitions.
Section 40-18-1.1 - Operating Rules.
Section 40-18-2 - Levied; Persons and Subjects Taxable Generally.
Section 40-18-2.1 - Income of Foreign Missionary Exempt.
Section 40-18-3 - Income of Officers or Agents of the United States, Etc.
Section 40-18-5 - Tax on Individuals.
Section 40-18-6 - Gain or Loss - Basis of Property; Adjusted Basis.
Section 40-18-6.1 - Gain or Loss — Special Rules for Capital Gains Invested in Opportunity Zones.
Section 40-18-7 - Gain or Loss - Determination of Amount.
Section 40-18-8 - Gain or Loss - Recognition.
Section 40-18-8.1 - Gain or Loss — Recognition of Gains Invested in Opportunity Zones.
Section 40-18-12 - Net Income of Individuals - Defined.
Section 40-18-13 - Computation of Income.
Section 40-18-14 - Adjusted Gross Income of Individuals.
Section 40-18-14.1 - Deferred Compensation Plans.
Section 40-18-14.2 - Adjusted Gross Income.
Section 40-18-14.3 - Gross Income - Discount and Interest.
Section 40-18-15 - Deductions for Individuals Generally.
Section 40-18-15.1 - Net Income Taxable Income Defined - Generally.
Section 40-18-15.2 - Net Operating Loss.
Section 40-18-15.3 - Deductions for Health Insurance Premiums.
Section 40-18-15.6 - Deductions for Contributions Made to Health Savings Accounts.
Section 40-18-15.7 - Optional Increased Standard Deduction for Qualified Persons.
Section 40-18-16 - Depreciation.
Section 40-18-17 - Items Not Deductible.
Section 40-18-18 - Amortization of War or Emergency Facilities.
Section 40-18-19 - Exemptions - Generally.
Section 40-18-19.1 - Exemptions for Severance, Unemployment Compensation, Etc.
Section 40-18-20 - Exemptions - Military Retirement Benefits.
Section 40-18-21.1 - Annual Report of Credits Claimed for Taxes Paid to Foreign Countries.
Section 40-18-24 - Taxation of Subchapter K Entity.
Section 40-18-24.1 - Composite Return and Payment by Nonresident Owner of Subchapter K Entity.
Section 40-18-24.2 - Taxation of Pass-Through Entities.
Section 40-18-24.4 - Alabama Electing Pass — Through Entity Tax Act.
Section 40-18-25 - Estates and Trusts.
Section 40-18-25.1 - Estates and Trusts - Exemptions.
Section 40-18-25.2 - Estates and Trusts - Deductions From Gross Income of Net Operating Loss.
Section 40-18-26 - Information From Source of Income.
Section 40-18-27 - Individual Taxpayer's Returns; Liability of Innocent Spouse.
Section 40-18-28 - Returns of Subchapter K Entities and Single Member Limited Liability Companies.
Section 40-18-29 - Fiduciary Returns.
Section 40-18-30 - Return When Accounting Period Changes.
Section 40-18-31 - Corporate Income Tax - Generally.
Section 40-18-31.2 - Factor Presence Nexus Standard for Business Activity.
Section 40-18-32 - Corporate Income Tax - Exemptions.
Section 40-18-33 - Corporate Income Tax - Taxable Income.
Section 40-18-34 - Additions Required by Corporations.
Section 40-18-35 - Deductions Allowed to Corporations.
Section 40-18-35.1 - Carry Forward of Net Operating Losses.
Section 40-18-36 - Distributions by Corporations.
Section 40-18-37 - Items Not Deductible by Corporations.
Section 40-18-38 - Additional Deductions Allowed for Corporations; Credits.
Section 40-18-39 - Corporate Returns.
Section 40-18-39.1 - Business Interest Expense Deduction Limitations.
Section 40-18-41 - Amortization of Ad Valorem Tax.
Section 40-18-42 - Time and Methods of Payment of Tax.
Section 40-18-44 - Installment Method.
Section 40-18-50 - Penalty for Failure to Make Return Within Time Specified.
Section 40-18-53 - Inspection of Returns by Federal or Foreign State Agents.
Section 40-18-54 - Supervision of Assessment and Collection.
Section 40-18-55 - Statement to Be Furnished by Taxpayer.
Section 40-18-57 - Rules to Be Promulgated by Department of Revenue.
Section 40-18-58 - Appropriation.
Section 40-18-59 - Additional Appropriations.
Section 40-18-60 - Covid-19 Recovery Capital Credit Protection Act of 2021.