The Internet Tax Freedom Act of 1998 implemented a moratorium preventing state and local governments from taxing internet access, or imposing multiple or discriminatory taxes on electronic commerce. Following the initial moratorium, a number of laws amended and extended the moratorium until it became permanent on February 24, 2016, as part of the Trade and Facilitation and Trade Enforcement Act of 2015.
The definition of “internet access” includes:
(a) a service that enables users to connect to the internet to access content, information, or other services offered over the internet;
(b) the purchase, use, or sale of telecommunications by a provider of a service described in (a) to the extent those telecommunications are purchased, used, or sold to provide that service; or to otherwise enable users to access content, information or other services offered over the internet;
(c) services that are incidental to the provision of the service described in (a) when furnished to users as part of that service, such as a home page, email and instant messaging (including voice and video capable email and instant messaging), video clips, and personal electronic storage capacity; and
(d) a home page, email, and instant messaging (including voice and video capable email mail and instant messaging), video clips, and personal electronic storage capacity, that are provided independently or not packaged with internet access.
Internet access does not include voice, audio or video programming, or other products and services (except services described in (a), (b), (c), or (d)) that utilize internet protocol or any successor protocol and for which there is a charge that is either separately stated or aggregated with the charge for services in (a), (b), (c), or (d).
Sections 40-21-80 and 40-21-100, Code of Ala. 1975, exempt internet access charges from the Utility Gross Receipts Tax and the Utility Service Use Tax.
Telecommunications services such as telephone services, cellular services, paging services, and fax services that are not used to provide access to the internet are subject to tax.
Section 40-21-82, Code of Ala. 1975, levies a privilege or license tax against every utility furnishing telegraph or telephone services in Alabama. The amount of the tax is determined by the application of rates against gross sales or gross receipts from the furnishing of such services in the state. Alabama code provides no exemption or exclusion for telephone services provided by the internet.
Section 40-21-82, Code of Ala. 1975, also allows providers of telephone services to combine or bundle taxable and nontaxable services on one invoice and charge the customer tax on the taxable charges.
Voice over Internet Protocol (VoIP) and any other form of telephony and similar services that utilize internet protocol are not included in the federal moratorium. These types of telephony and telecommunications services continue to be subject to the Alabama Utility Telecommunications Services Tax.
In Alabama, a resale certificate is officially called a “Sales Tax License”. To get a copy of your Alabama resale certificate or Sales Tax License, you should:
Login to MAT, locate the appropriate tax account, locate and click “Print tax account license” link. If you need help or cannot access your certificate online contact the Alabama Department of Revenue Sales and Use Tax Division for assistance.
Yes. In accordance with Rule 810-6-1-.144.03: All buyers of property for resale purposes are entitled to purchase at wholesale, tax-free, the property they resell as regular course of business when they have secured the sales tax license required by law. This rule also applies to retailers located outside Alabama when they have secured the sales tax license required by law in the state in which they are located.
A credit card transaction fee is a charge added to the regular price of an item by a retailer when the purchaser pays for the item using a credit card. Other names for this fee include swipe fee, credit card surcharge, processing fee, service charge, or convenience fee.
These fees are subject to sales and use tax and should be included in the seller’s gross sales on retail transactions when calculating tax due. Example: A sale of tangible personal property totals $100. The customer pays with a credit card and is charged a $3 credit card transaction fee. The total price of $103, including the credit card transaction fee, is subject to sales and use taxes.
A credit card fee, even if separately stated, is part of the retailer’s cost of doing business, and the entire consideration for the sale of tangible personal property is subject to sales and use taxes.
If a transaction consists of only non-taxable goods or services, the credit card transaction fee is not subject to sales and use taxes. Example: A customer is charged $50 for a haircut. The customer pays with a credit card and is charged a $3 credit card transaction fee. Since the haircut is not subject to sales and use taxes, the corresponding credit card transaction fee is not subject to sales and use taxes.
When trying to complete title applications for vessels that have inches listed on the MSO, please use this Vessel Length Chart for conversion purposes.
Yes, Alabama allows resident individuals to claim a tax credit for income taxes imposed by other states. This credit is claimed on Form 40, Schedule CR. A copy of the other state’s return and a copy of the state Schedule K-1 should be included as documentation of this credit.
If the individual does not file an individual income tax return in the other state or the state provides an exclusion of income, include a proforma return calculating the tax at the other state’s rate and a copy of the state Schedule K-1 as documentation of this credit.
Note: Any Pass-Through Entity tax deducted on the Pass-Through Entity’s federal return, which reduces the taxable income reported on the owner’s K-1, should be added back to compute Alabama taxable income.
No, if the current title is an Alabama ELT there is no cost to print a physical title.
However, once an ELT is printed on physical title paper it can not be printed again. A replacement title application must be applied for if a replacement is needed.
