THIS SECTION WAS AMENDED BY ACT 2022-199 IN THE 2022 REGULAR SESSION, EFFECTIVE JANUARY 1, 2023. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
There is hereby levied, in lieu of the state sales tax levied by Section 40-23-2, a privilege or license tax against the person on account of the business activities engaged in and in the amount to be determined by the application of rates against gross sales, or gross receipts, as the case may be as follows:
Upon every person, firm or corporation engaged or continuing within this state in the business of selling at retail any machine, machinery or equipment which is used in planting, cultivating and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock or poultry on farms, and the parts of such machines, machinery or equipment, attachments and replacements therefor which are made or manufactured for use on or in the operation of such machine, machinery or equipment, and which are necessary to and customarily used in the operation of such machine, machinery or equipment, an amount equal to one and one-half percent of the gross proceeds of the sale thereof; provided, that the one and one-half percent rate herein prescribed with respect to parts, attachments and replacements shall not apply to any automotive vehicle or trailer designed primarily for public highway use, except farm trailers used primarily in the production and harvesting of agricultural commodities.
Where any used machine, machinery or equipment which is used in planting, cultivating and harvesting farm products, or used in connection with the production of agricultural produce or products, livestock and poultry on farms is taken in trade or in a series of trades as a credit or part payment on a sale of a new or used machine, machinery or equipment, the tax levied herein shall be paid on the net difference, that is, the price of the new or used machine, machinery or equipment sold, less the credit for the used machine, machinery or equipment taken in trade.
Structure Code of Alabama
Title 40 - Revenue and Taxation.
Chapter 23 - Sales and Use Taxes.
Division 1 - General Provisions.
Section 40-23-1 - Definitions; Transactions Considered or Not Considered Sales.
Section 40-23-2 - Tax Levied on Gross Receipts; Certain Sales Exempt; Disposition of Funds.
Section 40-23-3 - Exclusion of Certain Municipal Privilege License Taxes.
Section 40-23-4.1 - Certain Drugs Exempt.
Section 40-23-4.2 - Food Stamp Purchases Exempt.
Section 40-23-4.3 - Exemption Form for Certain Agricultural Purposes.
Section 40-23-4.4 - Exemption Form for Equipment for Certain Commercial Fishing Vessels.
Section 40-23-6 - License Required to Engage in Business; One-Time Surety Bond.
Section 40-23-6.1 - Reasonable Cause for Suspension, Revocation, etc., of License.
Section 40-23-8 - Cash Sales and Credit Collections to Be Reported.
Section 40-23-9 - Records to Be Kept.
Section 40-23-10 - Reports Under Oath.
Section 40-23-11 - Penalty for Failure to Make Reports or Keep Records.
Section 40-23-12 - Penalty for Willful Refusal to Make Reports or Permit Examination of Records.
Section 40-23-24 - Itinerant Vendors to File Bond.
Section 40-23-27 - Violator May Be Restrained From Continuing in Business.
Section 40-23-28 - Sales Tax an Additional Tax.
Section 40-23-30 - Administration and Enforcement of Division; Appointment, etc., of Agents, Etc.
Section 40-23-31 - Department to Make Rules and Regulations.
Section 40-23-34 - Proceeds of Tax to Be Deposited in Treasury.
Section 40-23-35 - Disposition of Revenues From Tax.
Section 40-23-37 - Agricultural Machinery and Equipment - Tax Imposed; Rate.