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 corporation is deemed to have “substantial nexus” for the tax period in which they exceed the following thresholds for Alabama:
Corporations organized in Alabama or commercially domiciled in this state have substantial nexus in Alabama.
If a corporation’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 corporation in Alabama, complete the Nexus Questionnaire online at My Alabama Taxes in the Businesses panel.
For tax years beginning after December 31, 1998, a qualified subchapter S subsidiary whose stock is 100% owned by an Alabama S corporation is disregarded and treated as a division of the parent. The parent S corporation will file a 20-S return with this state. An Alabama S corporation is any corporation with a valid election under 26 U.S.C. sections 1362 or 1362(b)(3) which conducts business within this state.
If an income tax return preparer prepares 25 or more acceptable, original corporate/partnership income tax returns using tax preparation software in calendar year 2011, then for that calendar year and for each subsequent calendar year thereafter, all acceptable corporate/partnership 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.
If an income tax return preparer prepares 25 or more acceptable, original corporate/partnership income tax returns using tax preparation software in calendar year 2011, then for that calendar year and for each subsequent calendar year thereafter, all acceptable corporate/partnership 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.
No, there is no opt-out provision for corporate/partnership mandate.
For a Tax Year 2009 Corporation with assets of $5 million or more, or partnerships with 50 or more partners are mandated to e-file Tax Year 2010 Alabama corporate/partnership income tax returns, and all subsequent tax years.
March 4, 2010 and applies to acceptable corporate/partnership income tax returns required to be filed for taxable years beginning on and after January 1, 2009.
No, the same extension will cover both returns.
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
Pass Through Entity Section
P.O. Box 327441
Montgomery, AL 36132-7441
The return is due the 15th day of the third month following the end of the S corporation tax period.
Yes, if the non-resident completes Schedule NRA (Alabama Pass-Thru Entity Non-Resident Agreement). This form should be attached to Form 20S when the corporation files. This election remains in place until the non-resident member informs the corporation in writing that he/she wishes to revoke the agreement and participate in the composite filing.
The return is due the 15th day of the third month following the end of the S corporation tax period.
No, Alabama’s income tax laws and rules specifically require each corporation to file a separate return with the department. See §40-18-39(a), Code of Alabama 1975, Rule 810-3-39-.01(5)
If an extension has been granted for federal purposes, the extension is also granted for Alabama purposes; the Federal Form 7004 must be submitted with Form 20S. The automatic extension only applies to filing a return; no extensions are granted for payment of taxes due.
ALL TAX PAYMENTS ARE DUE BY THE ORIGINAL DUE DATE OF THE RETURN. Taxes not paid on or before the original due date will be subject to interest at the rate provided in §40-1-44, Code of Alabama 1975, and all applicable penalties until paid. Payments should be submitted with Form PTE-V Pass Through Income Tax Voucher.
Yes, a composite return may be filed by the S corporation to report the income and pay the tax for the nonresident shareholders. Use Form PTE-C.
