- (1) Except as provided in paragraph (2), for any taxable year beginning after the expiration of the election period set forth in Section 40-18-39(c)(6), Code of Ala. 1975, each member of the Alabama affiliated group subject to Alabama income tax shall file a separate return unless the Alabama affiliated group elects to file an Alabama consolidated return and is not otherwise prohibited from doing so.
- (2) The former Alabama affiliated group may renew their election to file an Alabama consolidated return by submitting the items required by Alabama Rule 810-3-39-.03(1). Such items must be submitted by the due date or extended due date of the tax return, as applicable pursuant to Alabama Rule 810-3-39-.02. Such election will establish a new election period pursuant to Section 40-18-39(c)(6).
Author: Michael E. Mason, Commissioner's Office; Verlon Frost, Holly Coon, Individual and Corporate Tax Division
Statutory Authority: Code of Ala. 1975, §§40-2A-7(a)(5), 40-18-39, 40-18-57.
History: New Rule: Filed May 3, 2000, effective June 7, 2000. Amended: Filed November 17, 2017; effective January 1, 2018.