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Section 41-1-20

Authority to establish remittance requirements; application of provisions dependent on amount of individual payments; procedures for payment.

(a) Any state agency may establish a requirement, within its area of administrative responsibility, that every person, corporation or partnership, owing, in connection with an individual transaction consisting of any State of Alabama tax return, fee, report or other document, or any other obligation of indebtedness to the state, an amount of money, as specified in subsection (b) shall pay such tax liability, fee, or obligation to the state no later than the date such payment or remittance of funds is required by law, in funds which are immediately available to the state on the due date of payment.

(b) The determination as to which persons, corporations or partnerships shall be subject to the remittance provisions of this article is based on individual payments made during a calendar year, rather than the aggregate of payments made during a calendar year. Persons, corporations or partnerships making an individual payment of:

(1) $100,000.00 or more, will comply with the provisions of this article for payments made during the calendar year 1992 and all years thereafter, subject to the provisions of subsection (c);

(2) $50,000.00 or more, will comply with the provisions of this article for payments made during the calendar year 1993; and all years thereafter, subject to the provisions of subsection (c);

(3) $25,000.00 or more, will comply with the provisions of this article for payments made during the calendar year 1994, and all years thereafter, subject to the provisions of subsection (c).

(c) When the provisions of subsection (a) are established, payment in immediately available funds and the reporting of such remittance shall be made in accordance with procedures established by the administering state agency for the indebtedness involved; such procedures shall continue to be the method of reporting and remittance until established otherwise by the administering state agency.

(1) Such procedures shall include the use of the automated clearing house system.

(2) The state administrating agency shall coordinate with the State Treasurer to insure the availability of such funds to the state on the due date of payment.

(Acts 1991, No. 91-570, p. 1052, §1.)



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