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  • One of the conditions for a nonresident seller to be considered a deemed resident under Section 40-18-86, Code of Alabama 1975, is that the seller has filed Alabama income tax returns, or appropriate extensions, for the two income tax years immediately preceding the year of the sale. What if the sale occurs before the due date for the previous year’s income tax return?

One of the conditions for a nonresident seller to be considered a deemed resident under Section 40-18-86, Code of Alabama 1975, is that the seller has filed Alabama income tax returns, or appropriate extensions, for the two income tax years immediately preceding the year of the sale. What if the sale occurs before the due date for the previous year’s income tax return?

If the seller or transferor has filed Alabama returns or appropriate extensions for the most recent two tax years whose original due dates have passed, then that condition will be considered satisfied.

Related FAQs in Income Tax, Withholding on Sales/Transfers of Real Property and Associated Tangible Personal Property by Nonresidents

Yes, once the withdrawal is made, it would be taxable on your Alabama income tax return.

Yes, the amount withdrawn is added back to the contributing taxpayer’s return, plus a 10 percent penalty.

The postmark date on your contribution will be accepted as the date of the contribution, as long as it is on or before December 31.   The contribution does not have to be received by the plan on or before December 31.