Skip to main content

HB434 Alabama 2011 Session

Updated Jul 26, 2021
HB434 Alabama 2011 Session
House Bill
Enacted
Current Status
Regular Session 2011
Session
1
Sponsor

Summary

Primary Sponsor
Jay Love
Republican
Session
Regular Session 2011
Title
Taxation, Multistate Tax Compact, determination of state and local tax liability of multistate business taxpayers, business income, apportionment, sales, other than tangible personal property, apportionment based taxpayers market for sale, Sec. 40-27-1 am'd.
Description

Multi-state corporations doing business inside and outside of Alabama source their income based on a three factor formula: property, payroll and sales. Currently, sales of services and other sales of intangible property producing income occurring both within and outside of Alabama are sourced to Alabama using the "costs of performance" methodology as denoted in Article IV of Section 40-27-1 of the Code of Alabama.

This bill proposes to amend the sales factor such that sales of services and other sales of intangible property are sourced to Alabama if the taxpayer's market for the sales is in Alabama.

Thus, income a taxpayer receives from providing a service to an Alabama customer will be sourced to Alabama rather than another state.

This bill also increases the weight given the sales factor in the apportionment of business income.

Subjects
Taxation

Bill Actions

Delivered to Governor at 7:00 p.m. on June 1, 2011.

Assigned Act No. 2011-616.

Clerk of the House Certification

Signature Requested

Enrolled

Passed Second House

Motion to Read a Third Time and Pass adopted Roll Call 872

Third Reading Passed

Read for the second time and placed on the calendar

Read for the first time and referred to the Senate committee on Finance and Taxation Education

Motion to Read a Third Time and Pass adopted Roll Call 650

Third Reading Passed

Read for the second time and placed on the calendar

Read for the first time and referred to the House of Representatives committee on Ways and Means Education

Bill Text

Votes

Motion to Read a Third Time and Pass

May 4, 2011 House Passed
Yes 93
No 4
Abstained 1
Absent 6

Motion to Read a Third Time and Pass

June 1, 2011 Senate Passed
Yes 33
No 1
Absent 1

Documents

Source: Alabama Legislature