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View All and Fiduciaries, Limited Liability Entities, Partnerships, S-Corporations, S-Corporations - Limited Liability Entities, S-Corporations - Partnerships, S-Corporations and Fiduciaries FAQs

Does our corporation 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 corporation 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.
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 forward will not apply.

For assistance in determining nexus and filing responsibilities of a corporation 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 corporation 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.

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.

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

Yes. List the name of the entity that paid the composite payment and the FEIN. You may include a copy of the K-1 Form 41 for clarification especially if there is more than one composite payment made on behalf of the estate/trust.

Yes, federal taxes paid by the estate on federal Form 706 may be claimed by the estate in the year they are paid.

Yes, federal income tax paid by the estate or trust is allowed as a deduction on Alabama Form 41.

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.