HB 320

Sponsor
Session
Regular Session 2018
Title
Income tax, filing requirement threshold to be sum of standard deduction and personal exemptions, Sec. 40-18-27 am'd.
Description

Under current law, every individual whose adjusted gross income exceeds a certain threshold amount based on their filing status are required to file an Alabama income tax return

Also under the current law, the standard deduction and personal exemption amounts available to single and married couples filing jointly exceed these thresholds

This bill would provide the threshold filing amounts be the sum of standard deductions and any personal exemptions allowed for each filing status

To amend Section 40-18-27, Code of Alabama 1975, relating to income taxes; to provide the threshold filing amounts be the sum of standard deductions and any personal exemptions allowed for each filing status.

Subjects
Income Tax
View Original PDF: HB 320 - Introduced - PDF

Under current law, every individual whose adjusted gross income exceeds a certain threshold amount based on their filing status are required to file an Alabama income tax return

Also under the current law, the standard deduction and personal exemption amounts available to single and married couples filing jointly exceed these thresholds

This bill would provide the threshold filing amounts be the sum of standard deductions and any personal exemptions allowed for each filing status

To amend Section 40-18-27, Code of Alabama 1975, relating to income taxes; to provide the threshold filing amounts be the sum of standard deductions and any personal exemptions allowed for each filing status.

Section 1

Section 40-18-27, Code of Alabama 1975, is hereby amended as follows:

§40-18-27.

(a) Effective for tax years beginning after December 31, 1997, every Every taxpayer having an adjusted gross income before deductions allowed by this chapter for the taxable year of more than one thousand eight hundred seventy-five dollars ($1,875) if single or if married and not living with spouse, and of more than three thousand seven hundred fifty dollars ($3,750) if married and living with spouse exceeding the sum of the allowable standard deduction as provided in Section 40-18-15 and the personal exemption as provided in Section 40-18-19, as allowed for his or her respective filing status, shall each year file with the Department of Revenue a return stating specifically the items of gross income, the deductions and credits allowed by this chapter, the place of residence, and post office address. If a husband and wife living together have an adjusted gross income of more than three thousand seven hundred fifty dollars ($3,750), each shall file a return unless the income of each is included in a single joint return. If the taxpayer is unable to file a return, the return shall be filed by a duly authorized agent, a guardian, or other person charged with the care of the person or property of the taxpayer.

(b) A taxpayer other than a resident shall not be entitled to the deductions authorized by Sections 40-18-15 and 40-18-15.2 unless the taxpayer files a complete return showing the gross income of the taxpayer both from within and outside the state. Included on every income tax return shall be the name, address, and Social Security number or preparer taxpayer identification number of the person who prepared the return. The taxpayer shall be held liable for any statement made by an agent of the taxpayer with reference to any information required by law to be furnished in connection with that tax return.

(c) Returns shall be filed by the same date as the corresponding federal income tax returns are required to be filed as provided under federal law. The department may grant a reasonable extension of time for filing returns, under rules and regulations as it shall prescribe. Except in the case of taxpayers who are abroad, no extension shall be for more than six months. If the taxpayer has requested an extension of time for the filing of a return, the period during which the return will be considered timely filed shall not expire until 10 days after the Department of Revenue mails to the taxpayer a rejection of the request for an extension of time for filing the return. The return must be signed or otherwise validated by both the taxpayer(s) and, if applicable, the tax return preparer under rules or regulations of the Department of Revenue and must contain a printed declaration that the return is filed under the penalties of perjury.

(d) Every individual who willfully files and signs or otherwise validates under rules or regulations of the Department of Revenue a return which the individual does not believe to be true and correct as to every material particular shall be guilty of perjury and, upon conviction thereof, shall be imprisoned in the penitentiary for not less than one, nor more than five years.

(e) In the event a husband and wife file a joint return, the husband and wife shall be jointly and severally liable for the income tax shown on the return or as may be determined by the Department of Revenue to be due by them to the State of Alabama. Notwithstanding the foregoing, a husband or wife shall be relieved of certain liabilities to the same extent and in the same manner as allowed by the Internal Revenue Code for federal income tax purposes, including Title .S.C. §§ 6015(b), 6015(c), and 6015(f), as amended from time to time."

Section 2

This act shall become effective for tax years beginning after December 31, 2017, following its passage and approval by the Governor, or upon its otherwise becoming law.

No articles found.
Action Date Chamber Action
March 22, 2018HDelivered to Governor at 10:17 a.m. on March 22, 2018.
March 22, 2018HAssigned Act No. 2018-453.
March 22, 2018HClerk of the House Certification
March 22, 2018SSignature Requested
March 21, 2018HEnrolled
March 21, 2018HPassed Second House
March 21, 2018SMotion to Read a Third Time and Pass adopted Roll Call 967
March 21, 2018SThird Reading Passed
March 15, 2018SRead for the second time and placed on the calendar
March 13, 2018SRead for the first time and referred to the Senate committee on Finance and Taxation Education
March 13, 2018HMotion to Read a Third Time and Pass adopted Roll Call 750
March 13, 2018HThird Reading Passed
March 1, 2018HRead for the second time and placed on the calendar
January 30, 2018HRead for the first time and referred to the House of Representatives committee on Ways and Means Education
2018-03-21
Chamber: Senate
Result: Passed
2018-03-13
Chamber: House
Result: Passed