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  • Does our partnership have Nexus in Alabama?
View All and Fiduciaries, Limited Liability Entities, Partnerships, Partnerships & LLEs, Partnerships & LLEs - Limited Liability Entities, Partnerships & LLEs - S Corporations, S-Corporations FAQs

Does our partnership have Nexus in Alabama?

Alabama Code § 40-18-31.2 creates the factor presence standard for business activity in the state to determine nexus for business income tax, business privilege tax and financial institution excise tax. The section stipulates that the threshold amounts may be adjusted periodically consistent with the Consumer Price Index.

A partnership is deemed to have “substantial nexus” for the tax period in which they exceed the following thresholds for Alabama:

For tax years January 1, 2015 – December 31, 2018:

$50,000 of property,
$50,000 of payroll,
$500,000 of sales, or
25% of the total property, total payroll, or total sales.
For tax years beginning on or after January 1, 2019:

$54,000 of property,
$54,000 of payroll,
$538,000 of sales, or
25% of the total property, total payroll, or total sales.
Partnerships organized in Alabama or commercially domiciled in this state have substantial nexus in Alabama.

If a partnership’s (not organized or commercially domiciled in Alabama) activities do not exceed the standard of “mere solicitation of sales” that fall under the protection of PL 86-272, the factor presence nexus standards established for tax years beginning January 1, 2015 forward will not apply.

For assistance in determining nexus and filing responsibilities of a partnership in Alabama, complete the nexus questionnaire online at nexus.revenue.alabama.gov.

Section 40-18-31.2, Code of Ala. 1975, creates the factor presence standard for business activity in the state to determine nexus for business income tax, business privilege tax and financial institution excise tax. The section stipulates that the threshold amounts may be adjusted periodically consistent with the Consumer Price Index.

A partnership is deemed to have “substantial nexus” for the tax period in which they exceed the following thresholds for Alabama:

  • For tax years January 1, 2015 – December 31, 2018:
    • $50,000 of property;
    • $50,000 of payroll;
    • $500,000 of sales; or
    • 25 percent of the total property, total payroll, or total sales.
  • For tax years beginning on or after January 1, 2019:
    • $54,000 of property;
    • $54,000 of payroll;
    • $538,000 of sales; or
    • 25 percent of the total property, total payroll, or total sales.
  • For tax years beginning on or after January 1, 2022:
    • $60,000 of property;
    • $60,000 of payroll;
    • $596,000 of sales; or
    • 25 percent of the total property, total payroll, or total sales.
  • For tax years beginning on or after January 1, 2023:
    • $64,000 of property;
    • $64,000 of payroll;
    • $635,000 of sales; or
    • 25 percent of the total property, total payroll, or total sales.

Partnerships organized in Alabama or commercially domiciled in this state have substantial nexus in Alabama.

If a partnership’s (not organized or commercially domiciled in Alabama) activities do not exceed the standard of “mere solicitation of sales” that fall under the protection of PL 86-272, the factor presence nexus standards established for tax years beginning January 1, 2015, and after will not apply.

For assistance in determining nexus and filing responsibilities of a partnership in Alabama, complete the Nexus Questionnaire online at My Alabama Taxes in the Businesses panel.

Related FAQs in and Fiduciaries, Limited Liability Entities, Partnerships, Partnerships & LLEs, Partnerships & LLEs - Limited Liability Entities, Partnerships & LLEs - S Corporations, S-Corporations

If an income tax return preparer prepares 25 or more acceptable, original fiduciary income tax returns using tax preparation software in a calendar year, then for that calendar year and for each subsequent calendar year thereafter, all acceptable fiduciary income tax returns prepared by that income tax preparer must be filed using electronic technology, as defined in the “Electronic Tax Return Filing Act,” as codified in Chapter 30 of Title 40, Code of Alabama 1975.

The excess loss on termination may not be passed along to the grantor or beneficiary of an estate or irrevocable trust.

Estate Tax Waivers are no longer required to be filed for estates whose owners

died after Dec. 31, 2004.

Mandatory e-filing for Form 41 – Rule 810-3-29-.08 was approved by the Alabama Department of Revenue and became effective December 15, 2015. It applies to all fiduciary returns required to be filed for taxable years beginning on and after January 1, 2016.

Mail returns with payments to:

Alabama Department of Revenue

Pass Through Entity Section

P.O. Box 327444

Montgomery, AL 36132-7444

Mail returns without payments to:

Alabama Department of Revenue
Individual and Corporate Tax Division
P.O. Box 327440
Montgomery, AL 36132-7440

Estates/Trusts with 20 or more beneficiaries at the end of the Estate/Trust’s taxable year are mandated to e-file Alabama fiduciary income tax returns, for that calendar year and all subsequent tax years.