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  • What is an Electing Family Limited Liability Entity?
View All Business Privilege Tax FAQs

What is an Electing Family Limited Liability Entity?

An Electing Family Limited Liability Entity is defined in Section 40-14A-1, Code of Alabama 1975. Upon meeting certain requirements, an Electing Family Limited Liability Entity would qualify for a maximum Alabama Business Privilege Tax of $500.

To qualify the LLE must be more than 80 percent owned, directly or indirectly, by an individual and the members of the individual’s family (See 40-14A-1(h)(4), Code of Alabama 1975, for attribution rules to follow in determining ownership).

The LLE must have more than 90% of its gross receipts from interest, dividends, rents, and certain other passive income. At least 90% of the adjusted basis of the assets owned by the LLE must consist of cash, stock, securities, timber, annuities, and certain other “non-business” type assets. Again, see Section 40-14A-1, Code of Alabama 1975, for a more thorough explanation of the Electing Family Limited Liability Entity ownership, income, and asset requirements.

A qualifying LLE would make the election to be treated as an Electing Family Limited Liability Entity by completing Schedule BPT-E, Family Limited Liability Entity Election Form, and attaching the completed Schedule to the Alabama Form PPT being filed for the LLE. Page 1, line 17 must be checked to indicate that the election form is attached to the Form PPT. Single-member LLCs that are treated as a disregarded entity for federal income tax purposes do not qualify as an electing family limited liability entity, in accordance with Section 40-14A-1(h), Code of Alabama, 1975.

An Electing Family Limited Liability Entity is defined in Section 40-14A-1, Code of Alabama 1975. Upon meeting certain requirements, an Electing Family Limited Liability Entity would qualify for a maximum Alabama Business Privilege Tax of $500.

To qualify the LLE must be more than 80 percent owned, directly or indirectly, by an individual and the members of the individual’s family (See 40-14A-1(h)(4), Code of Alabama 1975, for attribution rules to follow in determining ownership).

The LLE must have more than 90% of its gross receipts from interest, dividends, rents, and certain other passive income. At least 90% of the adjusted basis of the assets owned by the LLE must consist of cash, stock, securities, timber, annuities, and certain other “non-business” type assets. Again, see Section 40-14A-1, Code of Alabama 1975, for a more thorough explanation of the Electing Family Limited Liability Entity ownership, income, and asset requirements.

A qualifying LLE would make the election to be treated as an Electing Family Limited Liability Entity by completing Schedule BPT-E, Family Limited Liability Entity Election Form, and attaching the completed Schedule to the Alabama Form PPT being filed for the LLE. Page 1, line 17 must be checked to indicate that the election form is attached to the Form PPT. Single-member LLCs that are treated as a disregarded entity for federal income tax purposes do not qualify as an electing family limited liability entity, in accordance with Section 40-14A-1(h), Code of Alabama, 1975.

Related FAQs in Business Privilege Tax

https://www.alabamainteractive.org/sos/

The steps for withdrawals and dissolutions are outline below:

Dissolutions- Domestic entity

Complete Articles of Dissolutions Form based on the entity type.
https://www.alabamainteractive.org/sos/welcome.action
Follow the instructions on the form pertaining to the type of entity you are dissolving.
DOMESTIC BUSINESS CORPORATION ARTICLES OF DISSOLUTION
https://www.sos.alabama.gov/sites/default/files/2020-12/DomesticBusinessCorporationDissolution.pdf

DOMESTIC LIMITED LIABILITY COMPANY (LLC) ARTICLES OF DISSOLUTION
https://www.sos.alabama.gov/sites/default/files/2020-12/DomesticLLCDissolution.pdf

DOMESTIC LIMITED PARTNERSHIP (LP) STATEMENT OF DISSOLUTION
https://www.sos.alabama.gov/sites/default/files/2020-12/DomesticLPDissolution.pdf
Withdrawals- Foreign entity

Complete a Request for Certificate of Compliance from ADOR. https://www.alabamainteractive.org/ador_tax_compliance/welcome.action
Provide any missing returns and payments as determined by ADOR staff, if found not to be in compliance to ADOR.
Receive Certificate of Compliance from ADOR.
Complete Certificate of Withdrawal Form https://www.alabamainteractive.org/sos/welcome.action
Submit two (2) signed completed Certificate of Withdrawals with Certificate of Compliance (from ADOR) and filing fee to Secretary of State’s address on the form.
Certificate of Compliance cannot be more than 6 months old to be accepted by SOS.

Office of the Judge of Probate- County Offices contact link page- https://www.sos.alabama.gov/city-county-lookup/probate-judges

If you have received a business privilege tax delinquency notice from the Alabama Department of Revenue, and you have not filed the required return or made the required payment please do so at this time in order to avoid any further interest and penalties. BPT returns can be filed in MAT (My Alabama Taxes). See “How do I register for MAT?” if you do not have a MAT account. Paper forms can be obtained by clicking on the ADOR Form page. See “How do I find Business Privilege Tax forms on the website?” for step by step instructions of obtaining forms. If you are uncertain if a return was required or filed, please forward a copy of the delinquency notice to your tax professional.

If you believe you received the delinquency notice in error and have filed the required return, please provide a copy of the return and proof of payment after consulting with your tax professional. Attach copies of the return and proof of payment to a copy of the business privilege tax delinquency notice and email to businessprivilege.tax@revenue.alabama.gov or mail the response to:

Alabama Department of Revenue
Income Tax Administration
Business Privilege Tax Section – Delinquency Notice Response
PO Box 327900
Montgomery, AL 36132-7900

Taxpayers must receive an (Online Filing Info) letter to sign up for MAT. Normally after they have registered their business with the Secretary of State, taxpayers will receive their letter within 4-6 weeks from the Alabama Department of Revenue. Once this letter is received, taxpayers need to visit our website https://myalabamataxes.alabama.gov/_/#1. In the left side of the screen you will see username, password, and logon. Beneath that you will see forgot password, forgot username, DON’T HAVE A LOG ON? REGISTER HERE. Taxpayers should click register here. Select: Business Privilege Tax. Then the taxpayer will need to provide the Account number, Sign On ID, and Access Code. This information is located on the (Online Filing Info) letter.

Where do I start?
Click the Home link to go to the summary page you see when you first sign in.
To edit a customer level address:
Click the Names and Addressestab from the customer springboard.
Find the Customer Names & Addresses
To edit an account level address:
Go to the Accounts tab and click the applicable account (i.e. Business Privilege Tax).
Click the Names and Addressestab from the account springboard.
Find the Account Names & Addresses
What do I do?
View an address
Click an address to view it.
Edit an address
Click the Edit
Update the address fields.
Click the Verify Address link to check that it is a valid address. This step is mandatory
Click the Select link next to the verified address (if applicable).
When finished, click the Submit button to submit the request.
A confirmation message appears. Click the Print Confirmation button to print the page, or click OK to continue.