Alabama Statutes

§ 40-23-61 — Property Taxed; Persons Liable

Alabama § 40-23-61
JurisdictionAlabama
Title 40Revenue and Taxation
Ch. 23Sales and Use Taxes
Art. 2Use Tax

This text of Alabama § 40-23-61 (Property Taxed; Persons Liable) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ala. Code § 40-23-61 (2026).

Text

(a)An excise tax is hereby imposed on the storage, use, or other consumption in this state of tangible personal property, not including, however, materials and supplies bought for use in fulfilling a contract for the painting, repairing, or reconditioning of vessels, barges, ships, other watercraft, and commercial fishing vessels of over five tons load displacement as registered with the U.S. Coast Guard and licensed by the State of Alabama Department of Conservation and Natural Resources, purchased at retail on or after October 1, 1965, for storage, use, or other consumption in this state at the rate of four percent of the sales price of the property or the amount of tax collected by the seller, whichever is greater; provided, however, when the seller follows the Department of Revenue’s

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Related

Norfolk Southern Railway Co. v. Alabama Department of Revenue
550 F.3d 1306 (Eleventh Circuit, 2008)
18 case citations
CSX Transportation, Inc. v. Alabama Department of Revenue
892 F. Supp. 2d 1300 (N.D. Alabama, 2012)
8 case citations
In Re Culverhouse Inc.
315 B.R. 910 (M.D. Alabama, 2004)

Legislative History

(Acts 1939, No. 67, p. 96; Code 1940, T. 51, §788; Acts 1945, No. 428, p. 671, §1; Acts 1951, No. 209, p. 472; Acts 1959, 2nd Ex. Sess., No. 99, p. 295, §1; Acts 1961, No. 169, p. 212; Acts 1963, 2nd Ex. Sess., No. 105, p. 284, §1; Acts 1963, No. 67, p. 444, §1; Acts 1965, 2nd Ex. Sess., No. 76, p. 101; Acts 1987, No. 87-647, p. 1151, §1; Acts 1988, 1st Ex. Sess., No. 88-867, p. 372, §3; Acts 1989, No. 89-920, p. 1823, §2; Acts 1991, No. 91-546, p. 988, §1; Act 99-650, 2nd Sp. Sess., p. 96, §1; Act 2023-554, §1; Act 2025-305, §1.)

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Bluebook (online)
Alabama § 40-23-61, Counsel Stack Legal Research, https://law.counselstack.com/statute/al/40-23-61.