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  1. Bama Politics
  2. Alabama
  3. Alabama House & Senate Bills
  4. 2022 Alabama Legislative Regular Session
  5. 2022 Alabama Senate Bills
  6. SB189 Alabama 2022 Session

SB189 Alabama 2022 Session

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Bill Summary

Sponsors
  • Garlan Gudger
  • Gerald H. Allen
  • Will Barfoot
  • William “Bill” M. Beasley
  • Tom Butler
  • Donnie Chesteen
  • Linda Coleman-Madison
  • Chris Elliott
  • Vivian Davis Figures
  • Sam Givhan
  • Kirk Hatcher
  • Jimmy Holley
  • Andrew Jones
  • Steve Livingston
  • Del Marsh
  • Jim McClendon
  • Tim Melson
  • Randy Price
  • Greg J. Reed
  • Dan Roberts
  • Malika Sanders-Fortier
  • Clay Scofield
  • David Sessions
  • Rodger Smitherman
  • Larry Stutts
  • J.T. Waggoner
  • April Weaver
  • Tom Whatley
  • Jack W. Williams
Session
Regular Session 2022
Title
Small Business Relief and Revitalization Act of 2022, cancellation of indebtedness income exempt from income tax, financial institution excise tax and corporate income tax due date extension, certain business tangible personal property ad valorem tax exemption, deposit of certified funds with Revenue in lieu of one-time surety bond for licensure, average monthly sales tax liability for estimated payments increased, Secs. 40-16-3.1, 40-18-39.1 added; Secs. 40-9-1, 40-23-6, 40-23-6.1, 40-23-7 am'd.
Description

Under existing law, amounts received as loan forgiveness or payment under Section 1005 of the federal American Rescue Plan Act of 2021 for qualifying disadvantaged farmers and ranchers may be considered taxable

This bill would provide that for tax years ending after the enactment of the federal American Rescue Plan Act of 2021, any amount of cancellation of indebtedness income resulting from a loan forgiven under Section 1005 of the American Rescue Plan Act shall be exempt from income taxes imposed by Chapter 18 of Title 40, Code of Alabama 1975, not considered in determining the deductibility of otherwise deductible expenses, and excluded from any and all calculations in determining a taxpayer’s federal income tax deduction pursuant to Chapter 18 of Title 40, Code of Alabama 1975

Under existing law, the due date for a corporate income tax return and financial institution excise tax return is the same as the corresponding federal income tax return

This bill would provide for a one-month extension of the due date of tax returns for Alabama financial institution excise taxpayers and corporate income taxpayers in the tax years beginning on or after January 1, 2021, without incurring a late filing penalty. The filing extension would not extend the due date of the tax liability by these taxpayers

This bill would also authorize the Department of Revenue, at its discretion, to extend the due date of the tax returns for Alabama financial institution excise taxpayers and corporate income taxpayers by one month in tax years beginning on or after January 1, 2020, but not after January 1, 2021

Under existing law, ad valorem tax is levied on tangible personal property owned by businesses in Alabama. Additionally, certain property and persons are exempt from ad valorem taxation

This bill would provide an exemption of up to $40,000 of the market value of business tangible personal property from ad valorem tax levied by the state. The bill also provides that any county or municipality may adopt, by ordinance or resolution, the same exemption for local ad valorem taxes levied on business tangible personal property

Under existing law, a one-time surety bond is required for certain sales tax licensees

Under existing law, any sales tax licensee whose average monthly state sales tax liability was $2,500 or greater during the preceding calendar year is required to make estimated payments

This bill would allow for a deposit of certified funds in lieu of the purchase of a surety bond. This bill would also increase the average monthly state sales tax liability threshold calculation to $5,000 or greater during the preceding calendar year for required estimated payments

Relating to the Small Business Relief and Revitalization Act of 2022; to provide that for tax years ending after the enactment of the federal American Rescue Plan Act of 2021, any amount of cancellation of indebtness income resulting from a loan forgiven under Section 1005 of the American Rescue Plan Act shall be exempt from income taxes imposed by Chapter 18 of Title 40, Code of Alabama 1975; to provide for an extension of the due date for financial institution excise tax and corporate income tax taxpayers; to provide an exemption of up to $40,000 of the market value of business tangible personal property from state ad valorem tax; to provide a county and municipal election of the exemption; to provide for a deposit of certified funds in lieu of a one-time surety bond; to provide for an increase in the amount of the average monthly sales tax liability for required estimated payments.

Subjects
Taxation

Bill Actions

Action DateChamberAction
February 17, 2022HRead for the first time and referred to the House of Representatives committee on Ways and Means Education
February 17, 2022SEngrossed
February 17, 2022SMotion to Read a Third Time and Pass adopted Roll Call 329
February 17, 2022SGudger motion to Adopt adopted Roll Call 328
February 17, 2022SFinance and Taxation Education Amendment Offered
February 17, 2022SThird Reading Passed
February 16, 2022SRead for the second time and placed on the calendar 1 amendment
February 3, 2022SRead for the first time and referred to the Senate committee on Finance and Taxation Education

Bill Calendar

TypeDateLocationDescription
HearingMarch 9, 2022Room 200 at 09:00House W&ME Hearing
HearingFebruary 16, 2022Room 825 **BILL ADDED** at 10:00Senate F&TE Hearing

Bill Text

Download SB189 Alabama 2022 Session PDF

Bill Votes

Motion to Read a Third Time and Pass Roll Call 329
2022-02-17
Chamber: Senate
Result: Passed
Gudger motion to Adopt Roll Call 328
2022-02-17
Chamber: Senate
Result: Passed
SBIR: Gudger motion to Adopt Roll Call 327
2022-02-17
Chamber: Senate
Result: Passed

Bill Documents

TypeLink
Bill Text SB189 Alabama 2022 Session - Engrossed
Bill Text SB189 Alabama 2022 Session - Introduced
Bill Amendments Senate Finance and Taxation Education first Amendment Offered
Fiscal Note Fiscal Note - SB189 for Finance and Taxation Education
Fiscal Note Fiscal Note - SB189 for Finance and Taxation Education
Fiscal Note Fiscal Note - SB189 for Ways and Means Education
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