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FAQ Categories / Tax: S-Corporations

Yes. List the name of the entity that paid the composite payment and the FEIN. You may include a copy of the K-1 Form 41 for clarification especially if there is more than one composite payment made on behalf of the estate/trust.

Yes, federal taxes paid by the estate on federal Form 706 may be claimed by the estate in the year they are paid.

Yes, federal income tax paid by the estate or trust is allowed as a deduction on Alabama Form 41.

If an income tax return preparer prepares 25 or more acceptable, original fiduciary income tax returns using tax preparation software in a calendar year, then for that calendar year and for each subsequent calendar year thereafter, all acceptable fiduciary income tax returns prepared by that income tax preparer must be filed using electronic technology, as defined in the “Electronic Tax Return Filing Act,” as codified in Chapter 30 of Title 40, Code of Alabama 1975.

No, there is no opt-out provision for the fiduciary mandate.

The excess loss on termination may not be passed along to the grantor or beneficiary of an estate or irrevocable trust.

Estate Tax Waivers are no longer required to be filed for estates whose owners

died after Dec. 31, 2004.

Mandatory e-filing for Form 41 - Rule 810-3-29-.08 was approved by the Alabama Department of Revenue and became effective December 15, 2015. It applies to all fiduciary returns required to be filed for taxable years beginning on and after January 1, 2016.

Mail returns with payments to:

Alabama Department of Revenue

Pass Through Entity Section

P.O. Box 327444

Montgomery, AL 36132-7444

Mail returns without payments to:

Alabama Department of Revenue
Individual and Corporate Tax Division
P.O. Box 327440
Montgomery, AL 36132-7440

Estates/Trusts with 20 or more beneficiaries at the end of the Estate/Trust’s taxable year are mandated to e-file Alabama fiduciary income tax returns, for that calendar year and all subsequent tax years.

Mail returns with payments to:

Alabama Department of Revenue

Pass Through Entity Section

P.O. Box 327444

Montgomery, AL 36132-7444

Mail returns without payments to:

Alabama Department of Revenue
Pass Through Entity Section
P.O. Box 327441
Montgomery, AL 36132-7441

Alabama Department of Revenue
Income Tax Administration Division
P.O. Box 327444
Montgomery, AL 36132-7444

The return is due the 15th day of the third month following the end of the S corporation tax period.

Yes, if the non-resident completes Schedule NRA (Alabama Pass-Thru Entity Non-Resident Agreement). This form should be attached to Form 20S when the corporation files. This election remains in place until the non-resident member informs the corporation in writing that he/she wishes to revoke the agreement and participate in the composite filing.

The return is due the 15th day of the third month following the end of the S corporation tax period.

No, Alabama’s income tax laws and rules specifically require each corporation to file a separate return with the department. See §40-18-39(a), Code of Alabama 1975, Rule 810-3-39-.01(5)

No, estimate payments are not required. Voluntary estimate payments should be submitted with a FDT-V Fiduciary Income Tax Payment Voucher.

If an extension has been granted for federal purposes, the extension is also granted for Alabama purposes; the Federal Form 7004 must be submitted with Form 20S. The automatic extension only applies to filing a return; no extensions are granted for payment of taxes due.

ALL TAX PAYMENTS ARE DUE BY THE ORIGINAL DUE DATE OF THE RETURN. Taxes not paid on or before the original due date will be subject to interest at the rate provided in §40-1-44, Code of Alabama 1975, and all applicable penalties until paid. Payments should be submitted with Form PTE-V Pass Through Income Tax Voucher.

Yes, these are claimed on page 3, Schedule C, Line 13. Federal charitable deductions are listed in Column A. Alabama Charitable contributions are deductible to the same extent allowed for an individual and shown in Column C.

Yes, a composite return may be filed by the S corporation to report the income and pay the tax for the nonresident shareholders. Use Form PTE-C.

Section 40-18-31.2, Code of Ala. 1975, creates the factor presence standard for business activity in the state to determine nexus for business income tax, business privilege tax and financial institution excise tax. The section stipulates that the threshold amounts may be adjusted periodically consistent with the Consumer Price Index.

A corporation is deemed to have “substantial nexus” for the tax period in which they exceed the following thresholds for Alabama:

  • For tax years January 1, 2015 – December 31, 2018:
    • $50,000 of property;
    • $50,000 of payroll;
    • $500,000 of sales; or
    • 25 percent of the total property, total payroll, or total sales.
  • For tax years beginning on or after January 1, 2019:
    • $54,000 of property;
    • $54,000 of payroll;
    • $538,000 of sales; or
    • 25 percent of the total property, total payroll, or total sales.

Corporations organized in Alabama or commercially domiciled in this state have substantial nexus in Alabama.

If a corporation’s (not organized or commercially domiciled in Alabama) activities do not exceed the standard of “mere solicitation of sales” that fall under the protection of PL 86-272, the factor presence nexus standards established for tax years beginning January 1, 2015, and after will not apply.

For assistance in determining nexus and filing responsibilities of a corporation in Alabama, complete the Nexus Questionnaire online at My Alabama Taxes in the Businesses panel.

For tax years beginning after December 31, 1998, a qualified subchapter S subsidiary whose stock is 100% owned by an Alabama S corporation is disregarded and treated as a division of the parent. The parent S corporation will file a 20-S return with this state. An Alabama S corporation is any corporation with a valid election under 26 U.S.C. sections 1362 or 1362(b)(3) which conducts business within this state.

If an income tax return preparer prepares 25 or more acceptable, original corporate/partnership income tax returns using tax preparation software in calendar year 2011, then for that calendar year and for each subsequent calendar year thereafter, all acceptable corporate/partnership income tax returns prepared by that income tax preparer must be filed using electronic technology, as defined in the “Electronic Tax Return Filing Act”, as codified in Chapter 30 of Title 40, Code of Alabama 1975.

If an income tax return preparer prepares 25 or more acceptable, original corporate/partnership income tax returns using tax preparation software in calendar year 2011, then for that calendar year and for each subsequent calendar year thereafter, all acceptable corporate/partnership income tax returns prepared by that income tax preparer must be filed using electronic technology, as defined in the “Electronic Tax Return Filing Act”, as codified in Chapter 30 of Title 40, Code of Alabama 1975.