§ 45-47-244.22 — Levy of Excise Tax

Alabama § 45-47-244.22

• Jurisdiction: Alabama
• Title 45: Local Laws
• Ch. 47: Marion County
• Art. 24: Taxation
• Part 5: Tax, Sales and Use
• Subpart 2: General

Text

(a) An excise tax is hereby imposed on the following:
(1) The storage, use, or other consumption in Marion County of tangible personal property purchased at retail, on or after the first day of the month next succeeding the month during which this subpart shall become a law, for storage, use, or other consumption in Marion County, for a period of 36 months at the rate of two percent, and thereafter at the rate of one percent of the sale price of such property, regardless of whether the retailer is or is not engaged in business in Marion County or in this state, except as provided in subsection (b).
(2) The storage, use, or other consumption in Marion County of any automotive vehicle or truck trailer, semitrailer, or house trailer purchased at retail on or after the first day of the month next succeeding the month during which this subpart becomes a law, for storage, use, or other consumption in this state, for a period of 36 months, at the rate of one percent and thereafter at the rate of one-half of one percent of the sales price of such automotive vehicle, truck trailer, semitrailer, or house trailer. Where any used automotive vehicle or truck trailer, semitrailer, or house trailer is taken in trade, or in a series of trades, as a credit or part payment on the sale of a new or used vehicle, the tax levied herein shall be paid on the net difference, that is, the price of the new or used vehicle sold less the credit for the used vehicle taken in trade.
(b) There are exempted, however, from this section and the tax imposed in this section the storage, use, or other consumption of property the storage, use, or other consumption of which is presently exempted under the state use tax statutes from the state use tax. The storage, use, or other consumption in Marion County of the following tangible personal property is hereby specifically exempted from the tax imposed by this section: Machines used in mining, quarrying, compounding, processing, and manufacturing of tangible personal property; provided, that the term machines, as herein used, shall include machinery which is used for mining, quarrying, compounding, processing, or manufacturing tangible personal property, and the parts of such machines, attachments, and replacements therefor, which are made or manufactured for use on or in the operation of such machines and which are necessary to the operation of such machines and are customarily so used. Subject to these exemptions, every person storing or using or otherwise consuming in Marion County tangible personal property purchased at retail shall be liable for the tax imposed by this section, and the liability shall not be extinguished until the tax has been paid by such person as herein provided; provided, however, that a receipt from a registered seller given pursuant to Section 45-47-244.24 to the purchaser of any property to be used, stored, or consumed in Marion County shall be sufficient to relieve the purchaser from further liability for a tax to which such receipt may refer.
(c) For a period of 36 months after the taxes imposed by this section become effective, the rates of the taxes applicable to the City of Winfield shall be only one-half of the rates prescribed for the county.

Legislative History

(Acts 1963, 1st Sp. Sess., No. 39, p. 116, § 3.)