Authorizes the Commissioner
to issue Revenue Rulings to taxpayers or to county and municipal governing
bodies with self-administered local taxes regarding the application of
self-administered local sales, use, rental, or lodging taxes except that
such rulings (i) may not interpret a self-administered gross receipts tax
which was in effect on or before February 25, 1997, or is an amendment
to a gross receipts tax in effect on that date and (ii) may not establish
a rule of nexus relative to any self-administered local tax.
Prohibits contingent fee arrangements
for appeals or hearings officers.
Prohibits government entities,
including the Department of Revenue, from charging a taxpayer with certain
costs (including lodgings, meals, or mileage charges) associated with performing
examinations of a taxpayer's books and records. Certain exceptions (none
of which apply to sales, use, rental, or lodgings tax examinations performed
by the Department) are provided.
Authorizes the Department
of Revenue to charge self-administered counties and municipalities a reasonable
fee for providing information or documents pursuant to an exchange of information
agreement and authorizes self-administered counties and municipalities
to charge the Department a fee for providing information or documents pursuant
to an exchange of information agreement.
Adds the term "prospective
purchaser" to the enumerated list of persons to whom the Department may
divulge the outstanding sales, use, or rental tax liability of the seller
for which a person may be liable pursuant to Sections 40-23-25, 40-23-82,
or 40-12-224 and provides that the term is to be defined by rules promulgated
by the Department.
Places certain limitations
on contracts between self-administered counties and municipalities and
private examining or collecting firms in new Section 40-2A-12.
Limits examinations or investigations
of a taxpayer's books and records for state and local sales, use, rental,
or lodgings taxes to no more than one examination by each respective taxing
entity relating to each type of tax every three years unless the taxpayer
requests otherwise or unless the Commissioner, or the corresponding governing
body of a self-administered county or municipality, notifies the taxpayer
in writing that an additional examination is necessary and provides the
basis or bases for the additional examination. In new Section 40-2A-13(c)
a list of exceptions is provided for which an examination may be conducted
and which shall not constitute an unnecessary examination.
Provides that persons examining
a taxpayer's books and records on behalf of a self-administered municipality
or county shall disclose in writing upon first contact with the taxpayer
the identity of the self-administered municipalities and counties represented
and provide written authorization from each entity represented.
Provides that on or before
January 15 of each year, beginning in 1999, each private examining or collecting
firm shall disclose in writing to the Department and to the self-administered
municipalities and counties it represents, the identity of all municipalities
and counties for which it at any time during the preceding calendar year
performed examinations for or collected sales, use, rental, or lodgings
taxes.
Places certain restrictions
on private examining or collecting firms relative to local tax examinations
in subsections (f), (g), and (h) of Section 40-2A-13.
Establishes a certification
program for examiners employed by private examining or collecting firms
and requires that each private examining or collecting firm maintain fidelity
bonds for each of its examiners.
Creates the Alabama Local
Tax Institute of Standards and Training to develop (i) an examiner certification
program which includes minimum qualifications and continuing professional
education requirements for examiners employed by private examining or collecting
firms and (ii) a minimum standard examination program to be followed with
respect to all examinations for self-administered sales, use, rental, and
lodgings taxes.
Levies an annual state license
fee of twenty-five dollars on each private examining or collecting firm.