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Multistate Tax  |  November 12, 2021
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Income/Franchise:
Alabama: Proposed Rule Changes Reflect Move from Double-Weighted to Single Sales Factor

Notice of Intended Action: Rules 810-27-1-.01; 810-27-1-.02; 810-27-1-.10; 810-27-1-.11; 810-27-1-.12; 810-27-1-.13; 810-27-1-.16; 810-27-1-.17; 810-27-1-.18; 810-27-1-.18.01; 810-27-1-.18.02; 810-27-1-.18.03; 810-27-1-.18.04; 810-27-1-.18.05; 810-27-1-.18.06; 810-27-1-.18.07, Ala. Dept. of Rev. (10/29/21); Proposed Amended Reg. Sections 810-27-1-.01; 810-27-1-.02; 810-27-1-.10; 810-27-1-.11; 810-27-1-.12; 810-27-1-.13; 810-27-1-.16; 810-27-1-.17; 810-27-1-.18; 810-27-1-.18.01; 810-27-1-.18.02; 810-27-1-.18.03; 810-27-1-.18.04; 810-27-1-.18.05; 810-27-1-.18.06; 810-27-1-.18.07, Ala. Dept. of Rev. (10/29/21). The Alabama Department of Revenue (Department) proposed rule changes reflecting legislation enacted earlier this year [see H.B. 170 (2021) and previously issued Multistate Tax Alert for more details on this new law] that, effective for periods beginning on or after January l, 2021, moves from a three-factor double-weighted sales apportionment formula to a single sales factor formula for state corporate income tax purposes. Among other changes, the proposed revisions provide that for tax periods beginning on or after January 1, 2021, Alabama’s property and payroll factor provisions generally are no longer considered in calculating a taxpayer’s Alabama apportionment factor, but they may be applicable when:

  • A taxpayer petitions and is granted approval from the Department to employ an alternative apportionment method in accordance with section 40-27-1, Code of Ala. 1975; or
  • Measuring against nexus thresholds pursuant to section 40-18-31.2, Code of Ala. 1975.

A virtual public hearing on these proposed rule changes is scheduled for December 7, 2021, and any written comments are due on the same date.

 

Note that, previously, the Department also proposed changes to Rule Section 810-27-1-.09 to reflect Alabama’s move from a double-weighted to single sales factor apportionment method [see State Tax Matters, Issue 2021-40, for details on this earlier proposed rule change]. Please contact us with any questions.

 

—

Chris Snider (Miami)

Managing Director

Deloitte Tax LLP

 

Joe Garrett (Birmingham)

Managing Director

Deloitte Tax LLP

 

John Paek (Atlanta)

Principal

Deloitte Tax LLP

Meredith Harper (Birmingham)

Senior Manager

Deloitte Tax LLP



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In this issue

Income/Franchise
Alabama: Proposed Rule Changes Reflect Move from Double-Weighted to Single Sales Factor

Colorado DOR Announces Virtual Stakeholder Meeting on December 7 to Consider NOL Rule Changes

Kentucky DOR Adopts Special Industry Apportionment Rules for Financial Institutions

Ohio: New Law Addresses Centralized Filing of Business Municipal Taxes and Codifies Policies

Oregon DOR Issues FAQs on New PTE Level Business Alternative Income Tax

South Carolina: Draft Revenue Ruling Addresses New Elective PTE Tax

Vermont: Proposed Administrative Rule Changes Reflect Market-Based Sourcing Law

Wisconsin: Nexus Relief Associated with COVID-19 Pandemic-Related Telecommuting Ends December 31

Sales/Use/Indirect
Alabama DOR Reminds Taxpayers About Annual Tax Account License Renewal Requirements

Arkansas: Opinion Letter Addresses When Online Marketplace Qualifies as a Marketplace Facilitator

Ohio Department of Taxation Explains Marketplace Facilitator Economic Nexus Thresholds

Multistate Tax Alerts



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