Alabama Tax Form 40 - Individual Income Tax Return Instructions

What's New For 2008?

Extensions - You are no longer required to file for an extension. Taxpayers are granted an automatic extension to October 15, 2009. (See instructions on page 17.

 Estimates - You may now file and pay your estimated tax electronically through our Web site.

Electronic Filing - Receive your refund faster by electronically filing your return. Electronic filing is not available for non-residents. Visit our Web site, or talk to your preparer for more information.

Refund Status - For the most up-to-date information concerning that status of your current year refund, call (800) 558-3912 or check our Web site in the Individual Section. (See instructions page 30.)

Web Site - Check out our updated Web site at www.revenue.alabama.gov for downloadable forms, fill-in-forms, instructions, and the most accurate up-todate information available. Our Web site also hosts links to PC on-line filing providers supporting the Federal/State electronic filing program.

When Should I Expect My Refund?

Wait At Least 12 Weeks For Your Refund. If you do not receive your refund within 12 weeks of mailing your return, call our Voice Refund Inquiry System (VRIS) at (800) 558-3912 (see page 30 for details), or complete Form IT:489. This form can be obtained at our web site www.revenue.alabama.gov/incometax/ generaltaxforms.htm or at any of our Alabama Taxpayer Service Centers listed on page 2 of this booklet. If you call about your refund, have a copy of your return with you or the Department may be unable to assist you.

Each year the Alabama Department of Revenue receives over 1.8 million income tax returns. Of this number, over 1 million taxpayers receive refunds. The Department makes every effort to process your refund as quickly as possible, and there are several things you, the taxpayer, can do to help us accomplish this.

The date you file your return and how you file determines when you can expect your refund. For example, electronically filed returns are received and processed significantly faster than returns that are mailed to the Department of Revenue. Also, if you mail in an error-free return in January or February, you can expect to receive your refund sooner than if you wait until March or April to file. Last year over 50 percent of the income tax returns filed were received between April 1 and April 15. Returns filed this close to the deadline may require 10 to 12 weeks to process.

Common Mistakes Which Delay Refunds

Failure To Use Peel-Off Label. Use of the peel-off label you received in the mail will help the Department process your refund faster. However, many taxpayers fail to check the information on the labels for accuracy. Make certain the name(s) and address are correct.

Incorrect Name. Your refund check will be issued in the name(s) appearing on your return. If your name is illegible or misspelled, your refund check may be issued in the wrong name.

Incorrect Address. Last year the U.S. Postal Service was unable to deliver thousands of refund checks due to incorrect addresses, or because the taxpayer moved and failed to leave a forwarding address.

Incorrect Social Security Number. Last year approximately 80,000 returns were received with missing or incorrect social security numbers. Your social security number is very important; it is used for identification of your file. Please compare the number on your return with the number on your social security card.

Show in the blocks provided the social security numbers in the same order as the first names. For example, the social security number of the first name listed should be entered in the box headed "Your social security number." The social security number of the second name should be entered in the box headed "Spouse's social security number." If separate returns are filed, the person filing the return should enter his or her social security number in the box headed "Your social security number," and enter the spouse's name and social security number on line 3. It is very important that the social security numbers be listed in this order so your refund check will be issued in the correct name.

Legibility. On many returns, the name, address, or social security number is not readable. If this happens, the wrong information may be recorded, and your refund check may be delayed. Make sure that the information you enter on the return is readable.

Missing Withholding Statement (W-2). Make certain the "State Copy" of all forms W-2 wage and tax statements are included, W-2s are frequently missing. The Department will consider the return incomplete if all required information is not included.

Incorrect Computation. Many returns must be corrected each year by the Department due to simple math errors. Before mailing your return, double check the addition and subtraction to make sure the math is correct. This is a good idea even if someone else prepares your return.

Misdirected Mailing. Each year thousands of returns are mailed to the Internal Revenue Service instead of the Alabama Department of Revenue. Use the envelope you received with this booklet or follow the mailing instructions on your return.

Filing More Than One Return. File only one Form 40, 40A, 40NR or electronic return for each tax year. If it is necessary to amend your original return, you must file Form 40X, Amended Alabama Income Tax Return. The amended return will be processed after your original return has been processed.

Filing Copies. A copy of a return is not acceptable unless it has the taxpayer(s) original signature(s).

Missing Signatures. Thousands of unsigned returns are received each year by the Department. Before we can process them, these returns must be returned to the taxpayers for signatures. If a joint return is filed, both spouses must sign the return.

Other Reasons For Refund Delays

You Have Not Paid All Taxes Due From a Previous Year. If you owe tax for a prior year, your refund will be applied to pay that deficiency. Any amount remaining will be refunded to you. This will generally delay your refund 12 weeks or more.

Setoff Debt Collection. If the Alabama Department of Human Resources, the Alabama Department of Industrial Relations, the Administrative Office of Courts, or the Alabama Medicaid Agency has notified the Alabama Department of Revenue that your account is delinquent on a debt repayment, any public assistance program (including the Child Support Act of 1979, Chapter 10, Title 38), or any Medicaid assistance program, your refund will be applied to that debt. Note: See Setoff Debt Collection on page 17 for further information.

Federal Refund Offset Program. Your 2008 federal or state refund will be taken to satisfy any outstanding liabilities owed to the State of Alabama or to the Internal Revenue Service.

SECTION 1. Filing Information

First, be certain you need to file a tax return. Your marital status, filing status, and gross income determine whether you have to file a tax return. Gross income usually means money, goods, and property you received on which you must pay tax. It does not include nontaxable benefits. See page 7 of the instructions to find out which types of income you should include.

Other Filing Requirements

Refunds. Even if your gross income was less than the amounts shown, you must file a return to get a refund if Alabama income tax was withheld from any amounts paid to you.

Domicile. Individuals who are domiciled in (or residents of) Alabama are subject to tax on their entire income whether earned within or without Alabama. This is true regardless of their physical presence within Alabama at any time during the taxable year. Domicile is where one lives, has a permanent home, and has the intention of returning when absent. Domicile may be by birth, choice, or operation of law. Each person has one and only one domicile which, once established, continues until a new one is established coupled with the abandonment of the old. Burden of proof regarding change of domicile is on the taxpayer even though he/she owns no property, earns no income, and has no place of abode in Alabama.

If an Alabama resident accepts employment in a foreign country for a definite or indefinite period of time with the intent of returning to the United States, the individual remains an Alabama resident and all income, wherever earned, is subject to Alabama income tax. This is true even if the taxpayer leaves no property in Alabama.

If a citizen of a foreign country comes to Alabama to work (no matter how long he stays), buys a home, secures an Alabama driver's license, does not intend to apply for U.S. Citizenship, and intends to ultimately return to the country of origin, the individual will be considered to have established domicile in Alabama. In other words, a foreign citizen domiciled in Alabama is liable for Alabama income tax on income earned from all sources.

Military Personnel (Residents). Military personnel, whose legal residence is Alabama, are subject to Alabama income tax on all income regardless of the source or where earned unless specifically exempt by Alabama law.

Military personnel (Army, Navy, Marine, Air Force, Merchant Marine, and Coast Guard) who were residents of Alabama upon entering military service remain residents of Alabama for income tax purposes, regardless of the period of absence or actual place of residence, until proof as to change of home of record has been made. The burden of proof is on the taxpayer though he owns no property, earns no income, or has no place of abode in Alabama. Under the provisions of the Soldiers' and Sailors' Civil Relief Act, military personnel are not deemed to have lost their permanent residence in any state solely because they are absent in compliance with military orders. In addition, persons are not deemed to have acquired permanent residence in another state when they are required to be absent from their home state by virtue of military orders. If the husband and wife are both in military service, each could be a resident of a different state under the Soldiers' and Sailors' Civil Relief Act. A spouse not in military service has the same domicile as the military spouse unless proven otherwise.

Military Personnel (Nonresidents). Nonresident military personnel merely having a duty station within Alabama (whose legal residence is not Alabama) are not required to file an Alabama income tax return unless they have earned income from Alabama sources other than military pay. If they have earned income in Alabama other than military pay, they are required to file Alabama Form 40NR. A married nonresident with income earned in Alabama may file either a separate return claiming himself or herself only, or a joint return claiming the total allowable personal exemption.

Dependent's and Student's Income. Dependents who are residents of Alabama must file a return if they meet the requirements under You Must File A Return If… on this page. A student's income is fully taxable to the same extent as other individuals who are required to file a return. The dependent or student can claim a personal exemption of $1,500, and his or her parents may claim a dependent exemption if they provided more than 50% of his or her total support. See Dependent Exemption on page 9.

When To File

You should file as soon as you can after January 1, 2009, but no later than April 15, 2009. If you file late you will have to pay penalties and interest. (See Penalties and Interest in these instructions.) If April 15 falls on a Saturday, Sunday, or state holiday, the return will be due the following business day.

If you know you cannot file your return by the due date you do not need to file for an extension. You will automatically be granted an extension until October 15, 2009. If you anticipate that you will owe additional tax on your return you should submit your payment with a payment voucher (Form 40V) with the box “Automatic Extension Payment” checked by April 15, 2009.

Except in cases where taxpayers are abroad, no extension will be granted for more than 6 months.

An extension means only that you will not be assessed a penalty for filing your return after the due date. Interest on the additional tax due from the due date of the return and any penalties will be assessed if applicable to your return.

Original returns must be filed within two years of the date the taxes are paid to be eligible for a refund. Criminal Liability could result from a continued failure to file returns. (Refer to “Criminal Liability” on Page 16.)

Which Form To File

You MAY Use Form 40A If You Meet ALL The Following Conditions:

  • You were a resident of Alabama for the entire year.
  • You do not itemize deductions.
  • You do not claim any adjustments to income, such as an IRA deduction, alimony paid, Federal income tax paid for a prior year, etc.
  • You do not have income from sources other than salaries and wages except for interest and dividend income which cannot exceed $1500.00.
  • You are not claiming income or loss from Schedules C, D, E, or F.
  • You are not claiming credit for taxes paid to another state.

You MUST Use Form 40 If:

  • You were a full or part-year resident of Alabama and do not meet ALL of the requirements to file Form 40A.
  • You are itemizing deductions.

Part Year Residents. Part-year residents of Alabama should only report income earned while a resident of Alabama. Itemized deductions must be prorated to reflect only those expenses incurred while a resident of Alabama. Federal Tax Liability must be prorated by applying a percentage of Alabama adjusted gross income to Federal adjusted gross income in order to calculate the amount deductible on line 12 of Form 40. Part-year residents are allowed to deduct the full standard deduction, personal, and dependent exemptions.

You MUST Use Form 40NR If:

  • You are not a resident of Alabama and you received taxable income fromAlabama sources or for performing services within Alabama and your gross income from Alabama sources exceeds the allowable prorated personal exemption. Nonresidents must prorate the personal exemption. If your Alabama gross income exceeds the prorated amount, a return must be filed.

You MUST Use Both Form 40 and Form 40NR If:

  • You had sufficient income to require the filing of a part-year return and also had income from Alabama sources while a nonresident during the same tax year. In this case, both the total personal exemption and the dependent exemption must be claimed on the part-year resident return. No exemption can be claimed on the nonresident return. The part year resident return should include only income and deductions during the period of residency, and the nonresident return should include only income and deductions during the period of nonresidency.
You Must File A Return If…
You were a:  and your marital status at the end of 2008 was:  and your filing status is:  and your gross income was at least:
Full Year
Resident
Single (including divorced and legally separated) Single
Head of family
$ 4,000
$ 7,700
Married and living with your spouse at the end of 2008 (or on the date your spouse died) Married, joint return
Married, separate return
$10,500
$ 5,250
Part Year Resident Single (including divorced and legally separated) Single
Head of family
$ 4,000 (while an Alabama resident)
$ 7,700 (while an Alabama resident)
Married and living with your spouse at the end of 2008 (or on the date your spouse died) Married, joint return
Married, separate return
$10,500 (while an Alabama resident)
$ 5,250 (while an Alabama resident)
Nonresident Single (including divorced and legally separated) Single or Head of family Over the allowable prorated exemption:
See above page for further instructions.
Married and living with your spouse at the end of 2008 (or on the date your spouse died) Married, joint return
Married, separate return

SECTION 2. Steps for Preparing Your Return

By following these six useful steps, and reading the specific instructions, you should be able to prepare your return quickly and accurately.

Step 1 - Collect all your necessary records.

Income Records. These include any Forms W2, W2G, and 1099 that you have. If you do not receive a Form W2 by February 1, OR if the one you receive is incorrect, please contact your employer as soon as possible. Only your employer can give you a Form W2, and only he or she can correct it.

If you have someone prepare your return for you, make sure that person has all your income and expense records so he or she can fill in your return correctly. Remember, if someone else prepares your return incorrectly — you are still responsible.

Step 2 - Obtain any forms or schedules you may need.

In general, we mail forms and schedules to you based on the return you filed last year. Before filling in your return, look it over to see if you need more forms or schedules.

If you think you will need any other forms, get them before you start to fill in your return. Our Alabama Taxpayer Service Centers (see page 2 of these instructions for addresses) can supply the additional forms you need or you may use the order blank on the next to last page of this instruction booklet. We will send you the forms and schedules requested. Also, your local bank, post office, or public library may have some of them. The fastest way to obtain forms is to download them from our Web site at www.revenue.alabama.gov.

Step 3

 Check your return to make sure it is correct.

Step 4

Use the mailing label we sent you.

The label helps us identify your account and saves processing time.

Step 5 - Sign and date your return.

Form 40, 40A, or 40NR is not considered a return unless you sign it. Please sign the return in black ink only. Your spouse must also sign if it is a joint return. Original signatures are required or the return will not be accepted.

Step 6 - Attach all necessary forms and schedules.

Attach the state copy of all Forms W2, W2G, and 1099 to the front of your return. Attach schedules and forms in sequential order, starting with Form 40.

If you need more space on forms or schedules, attach separate sheets and use the same format as printed forms, but show your totals on the printed forms. Please use sheets that are the same size as the forms and schedules. Be sure to put your name and social security number on these separate sheets and attach them at the end of the return.

Before mailing your return, check to make sure you have retained an exact copy for your records. If you owe tax, be sure to include your payment and Form 40V with your return.

SECTION 3. Specific Instructions

Name and Address

Please enter your social security number and use the preprinted mailing label from the forms booklet we sent you. If you do not have a label, type or print your name, address, and social security number in the appropriate blocks.

Note: Do not attach your label to the return until the return is completed. Please make sure the information on the label is correct.

If your name has changed or if you were married or divorced during the year, please correct the name portion of the label. If you moved during the year and the label shows your old address, correct the label using your new address. Corrections should be made by drawing a line through the incorrect information and adding the new information on the label. If you live in an apartment, please include your apartment number in the address. If the post office delivers mail to your P.O. box number rather than to your street address, write the P.O. box number instead of your street address.

Social Security Number

Each year thousands of taxpayers file returns using an incorrect social security number. Usually this number belongs to another taxpayer. It is very important that you file your return using the correct social security number. Failure to use your correct social security number(s) in the space(s) provided WILL DELAY the processing of your refund. Listed below are a few of the common reasons why a social security number is reported incorrectly:

  • failed to enter number on return
  • memorized wrong number
  • copied number wrong
  • gave an incorrect number to the tax preparer
  • gave your employer an incorrect number

IMPORTANT: Check your W2 forms. Your employer may be reporting an incorrect number for you.

If you are married and filing a joint return, write both social security numbers in the blocks provided.

If you are married and filing separate Alabama returns, write your spouse's social security number on line 3.

If your spouse is a nonresident alien, has no income, does not have a social security number, and you file a separate return, write "NRA" in the block for your spouse's social security number. If you and your spouse file a joint return, your spouse must have a social security number.

If you or your spouse do not have a social security number, please get Form SS5 from a Social Security Administration (SSA) office. File it with your local SSA office early enough to get your number before April 15.

IMPORTANT: Please notify the Social Security Administration (SSA) immediately in the event you have changed your name because of marriage, divorce, etc., so the name on your tax return is the same as the name the SSA has on record. This helps prevent delays in processing your return.

Filing Status and Personal Exemption Lines 1 through 4

You should check only the box that describes your filing status. The personal exemption will be determined by your filing status on the last day of the tax year.

Single.

Consider yourself single if on December 31, 2008 you were unmarried or separated from your spouse either by divorce or separate maintenance decree.

If you check box 1, enter $1,500 on line 13.

Married - Joint or Separate Returns?

Joint Returns. Most married couples pay less tax if they file a joint return. If you file a joint return, you must report all income, exemptions, deductions, and credits for you and your spouse. Both of you must sign the return even if only one of you had income. The State of Alabama does recognize a common law marriage for income tax purposes.

CAUTION: You cannot file a joint return if you are a resident of Alabama and your spouse is a resident of another state. You should file as "married filing separate."

You and your spouse can file a joint return if you were living together on December 31, 2008 even if you did not live together for the entire year. Both of you are responsible for any tax due on a joint return, so if one of you does not pay the other may have to.

Note: If you file a joint return, you may not, after the due date of the return, choose to file separate returns for that year.

If your spouse died in 2008, you can file a joint return for 2008. You can also file a joint return if your spouse died in 2009 before filing a 2008 return. For details on how to file a joint return, see Death of Taxpayer on page 17.

Separate Returns. You can file separate returns if both you and your spouse had income, or if only one of you had income.

If you file a separate return, report only your own income, exemptions, deductions, and credits. You are responsible only for the tax due on your return.

Note: Alabama is not a community property state.

If you file a separate return, write your spouse's social security number on line 3. If your spouse is not required to file, attach a statement explaining why.

If you check box 3, enter $1,500 on line 13.

Head of Family - An individual shall be considered "Head of Family" if, and only if, such individual is not married at the close of their tax year, is not a surviving spouse and their qualifying dependent is not a foster child.

You may check the box on line 4 ONLY IF on December 31, 2008 you were unmarried or legally separated and meet either test 1 or 2 below.

Test 1. You paid more than half the cost of keeping up a home for the entire year provided that the home was the main home of your parent whom you can claim as a dependent. Your parent did not have to live with you in your home,

OR

Test 2. You paid more than half the cost of keeping up a home in which you lived and in which one of the following also lived for more than 6 months of the year (temporary absences, such as for vacation or school, are counted as time lived in the home):

  1. Your unmarried child, grandchild, greatgrandchild, etc., adopted child, or stepchild. This child does not have to be your dependent.
  2. Your married child, grandchild, greatgrandchild, etc., adopted child, or stepchild. This child must be your dependent. But if your married child's other parent claims him or her as a dependent under the Federal rules for "Children of Divorced or Separated Parents", this child does not have to be your dependent.
  3. Any relative whom you can claim as a dependent. (See definition of dependent on page 9.)

If the person for whom you kept up a home was born or died during the year, you may still file as "Head of Family" if the home was that person's main home for the part of the year he or she was alive.

Special Rules

A nonresident taxpayer who receives income from Alabama sources or for performing services within Alabama and who also had income while a resident of Alabama during the same tax year must file both the Alabama Nonresident Form 40NR and the Alabama Partyear resident Form 40. If you are required to file both returns, the total personal exemption and the dependent exemption must be claimed on the partyear return (Form 40). No personal exemption or dependent exemption can then be claimed on the nonresident return (Form 40NR).

Income

All income is subject to Alabama income tax unless specifically exempted by state law. The term "income" includes, but is not limited to, salaries, wages, commissions, income from business or professions, alimony, rents, royalties, interest, dividends, and profits from sales of real estate, stocks, or bonds. Military pay is taxable income except for compensation received for active service in a designated combat zone.

Examples of Income You MUST Report - The following kinds of income should be reported on Forms 40, 40A, or 40NR and related forms and schedules.

  • Wages including salaries, fringe benefits, bonuses, commissions, fees, and tips.
  • Dividends (Schedule B).
  • Interest on: bank deposits, bonds, notes, Federal Income Tax Refunds, mortgages on which you receive payments, accounts with savings and loan associations, mutual savings banks, credit unions, etc. (Schedule B).
  • Original Issue Discount (Schedule B).
  • Distributions from an Individual Retirement Arrangement (IRA) including SEPs and DECs, if you excluded these amounts in a prior year.
  • Bartering income (fair market value of goods or services you received in return for your services).
  • Business expense reimbursements you received that are more than you spent for the expenses.
  • Amounts received in place of wages from accident and health plans (including sick pay and disability pensions) if your employer paid for the policy.
  • Alimony or separate maintenance payments received from and deductible by your spouse or former spouse.
  • Life insurance proceeds from a policy you cashed if the proceeds are more than the premium you paid.
  • Profits from businesses and professions (Federal Schedule C or CEZ).
  • Your share of profits from partnerships and S Corporations (Schedule E).
  • Profits from farming (Federal Schedule F).
  • Pensions and annuities other than those listed in "Examples of Income You DO NOT Report."
  • Lumpsum distributions, endowments.
  • Gains from the sale or exchange (including barter) of real estate, securities, coins, gold, silver, gems, or other property (Schedule D).
  • Gains from the sale of your personal residence as reported on your Federal return.
  • Rents and Royalties (Schedule E).
  • Your share of estate or trust income (Schedule E).
  • Prizes and awards (contests, lotteries, and gambling winnings).
  • Income from sources outside the United States.
  • Director's fees.
  • Fees received as an executor or administrator of an estate.
  • Embezzled or other illegal income.
  • Refunds of federal income tax if deducted in a prior year and resulted in a tax benefit.
  • Payments received as a member of a military service are taxable except for combat pay and certain allowances.
  • Property transferred in conjunction with performance of services.
  • Jury duty pay.

Examples of Income You DO NOT Report - (Do not include these amounts when deciding if you must file a return.)

  • United States Retirement System benefits.
  • State of Alabama Teachers' Retirement System benefits.
  • State of Alabama Employees' Retirement System benefits.
  • State of Alabama Judicial Retirement System benefits.
  • Military retirement pay.
  • Tennessee Valley Authority Pension System benefits.
  • United States Government Retirement Fund benefits.
  • Payments from a "Defined Benefit Retirement Plan" in accordance with IRC 414(j). (Contact your retirement plan administrator to determine if your plan qualifies.)
  • Federal Railroad Retirement benefits.
  • Federal Social Security benefits.
  • State income tax refunds.
  • Unemployment compensation.
  • Welfare benefits.
  • Disability retirement payments (and other benefits) paid by the Veteran's Administration.
  • Workman's compensation benefits, insurance damages, etc., for injury or sickness.
  • Child support.
  • Gifts, money, or other property you inherit or that was willed to you.
  • Dividends on veteran's life insurance.
  • Life insurance proceeds received because of a person's death.
  • Interest on obligations of the State of Alabama or any county, city, or municipality of Alabama.
  • Interest on obligations of the United States or any of its possessions.
  • Amounts you received from insurance because you lost the use of your home due to fire or other casualty to the extent the amounts were more than the cost of your normal expenses while living in your home. (You must report as income reimbursements for normal living expenses.)
  • Military allowances paid to active duty military, National Guard, and active reserves for quarters, subsistence, uniforms, and travel.
  • Subsistence allowance received by law enforcement and corrections officers of the State of Alabama.
  • All retirement compensation received by an eligible fire fighter or a designated beneficiary from any Alabama firefighting agency.
  • All retirement compensation received by an eligible peace officer or a designated beneficiary from any Alabama police retirement system.
  • Death benefits received by a designated beneficiary of a peace officer or fireman killed in the line of duty.
  • Income earned while serving as a foreign missionary after first serving 24 months as a missionary in a foreign country.
  • Compensation received from the United States for active service as a member of the Armed Forces in a combat zone designated by the President of the United States.
  • An amount up to $25,000 received as severance, unemployment compensation or termination pay, or as income from a supplemental income plan, or both, by an employee who, as a result of administrative downsizing, is terminated, laidoff, fired, or displaced from his or her employment, shall be exempt from state income tax. If the exempt severance pay is included in your state wages, contact your employer for a corrected W2.
  • Beginning January 1, 1998, all benefits received from Alabama Prepaid Tuition Contracts (PACT).
  • Alabama 529 savings plan.

Rounding Off to Whole Dollars . Round off cents to the nearest whole dollar on your return and schedules. You can drop amounts under 50 cents. Increase amounts from 50 to 99 cents to the next dollar. For example: $1.39 becomes $1.00, and $2.69 becomes $3.00.

Lines 5a through 5d - Wages, Salaries, Tips, Etc.

Show the name and address of each employer on lines 5a through 5d. In the column headed "Income" show the amount of wages you were paid before taxes, insurance, etc. were deducted. You should use the amount shown in the box headed "State Wages" on your Form W2. The amount shown in this box may or may not be the same as the amount taxable for Federal purposes. All other taxable items listed on your W2 form that are not included in the "State Wages" box should be entered on page 2, Part I, line 8.

If you had more than 4 employers during the tax year and the space provided on lines 5a through 5d is insufficient for listing each employer, you should attach a schedule with identical headings, and list all employers and amounts on this schedule. On line 5a write "See Attached Schedule," and record in columns A and B the totals for withholding and wages for all employers as listed on the attached schedule.

Note: State of Alabama employees will find that the amount taxable for state purposes is, in most cases, more than the amount taxable for federal purposes. This is due to the fact that amounts deducted from their wages as "Contributions to the Alabama State Retirement System" qualify for deferral on the Federal return, but do not qualify for deferral on the Alabama return.

Part-year Residents. If you were a resident of Alabama for only a part of the year, enter only the income earned during the period of residence in Alabama.

Statutory Employees. If you were a statutory employee, the "Statutory employee" box of your W2 form should be checked. Statutory employees include full time life insurance salespeople, certain agent or commission drivers, traveling salespeople, and certain homeworkers.

If you are deducting business expenses as a statutory employee, report the amount shown in Box 1 of your W2 form and your expenses on Schedule C. If you are not deducting business expenses, report your income on line 5.

Alabama Income Tax Withheld

In the column headed "Alabama tax withheld," enter the amount of Alabama income tax withheld by each of your employers. The amount withheld is shown on the state copy of your Form W2. This copy should be marked "To Be Filed With Your Alabama Income Tax Return."

Note: Do not change or alter the amount of tax withheld or wages reported on your Form W2. If any amount is incorrect or illegible, you should contact your employer and request a corrected statement.

Do not include the following as Alabama income tax:

  • Federal income tax,
  • FICA tax (Social Security and Medicare),
  • Local, city, or occupational tax, or
  • Taxes paid to another state.

List amounts withheld separately on the same line with the employer's name and amount of income.

Add the Alabama income tax withheld together and enter on line 22.

Line 6 - Interest and Dividend Income

Enter your TOTAL taxable income from interest and dividends. If the total taxable and nontaxable interest and dividends you received in 2008 is $1500 or more, you must complete and attach Schedule B. Partyear residents enter only the amount of interest and dividend income earned during the period of residency.

The payer should send you a Form 1099INT, Form 1099OID, or 1099DIV, if applicable, showing interest or dividends you must report.

To see what interest and dividends are taxable, read the instructions for Schedule B in this booklet.

Line 7 - Other Income

All taxable income you received that is not reported on lines 5 and 6 should be entered on line 7. This includes rents, royalties, gains from sale of property, items not included in "State wages" box on W2 forms, etc.

See Examples of Income You DO NOT Report and Examples of Income You MUST Report on pages 7 and 8 of these instructions for further details on income which should be included on this line.

If you received a refund from the IRS in 2008 for a tax year prior to 2000, you are required to report the amount of the refund, net of any earned income credit, as income on line 7 of Form 40. Also, if any additional tax was paid to the IRS in 2008, for tax years prior to 2000, the amount of your payment, net of any interest or penalty, can be claimed as a negative amount on line 7.

If you have income from other sources, you must complete page 2, Part I, and attach the appropriate schedule(s).

Line 9 - Adjustments to Income

If you made payments to a traditional Individual Retirement Arrangement (IRA) or to a Keogh plan, you may be entitled to claim these payments as an adjustment to income.

Also deductible as an adjustment to income are penalties you incurred for the early withdrawal of interest before maturity.

You can deduct payments of alimony or separate maintenance made under a court decree to the same extent allowed for federal income tax purposes.

Certain legal and medical expenses paid or incurred in the adoption of a minor are deductible as an adjustment to income.

Employees and selfemployed persons may deduct certain moving expenses. The new job location must be within the state of Alabama.

Selfemployed persons may deduct health insurance premiums to the same extent as allowed for federal purposes.

For more information on the above exclusions, please see the instructions for Part II on page 15.

The total adjustments to income from line 8, Part II, should be entered on line 9, page 1.

Line 10 - Adjusted Gross Income

If the amount on line 10 is less than zero, you may have a net operating loss that you can carry to another tax year. If you carry the loss back to earlier years, you should file Form 40X and attach Form NOL-85 and/or Form NOL-85A. Use the order blank in this booklet to request these forms and instructions.

Line 11 - Itemized or Standard Deduction

You may elect to itemize your deductions for medical expenses, interest, contributions, taxes, etc., OR you may claim the Standard Deduction, but you cannot claim both.

If you elect to claim the Standard Deduction on your 2008 Alabama return and it becomes necessary to change to itemized deductions, you may do so by filing an amended return. You should figure your deduction both ways, and claim the one that gives you the larger deduction.

If you are married and filing separate Alabama returns, both spouses must itemize their deductions or both must claim the Standard Deduction. Each spouse may claim only the itemized deductions he/she actually paid. See the instructions for Schedule A for items that may be claimed as itemized deductions.

Partyear residents of Alabama may claim only the itemized deductions actually paid during the period of Alabama residency.

Itemized Deductions. If you elect to itemize your deductions, you should check box a on line 11 and complete and attach Schedule A.

Standard Deduction. If you elect to claim the Standard Deduction, you must check box b on line 11 and use the chart below to determine the Standard Deduction allowable on your return. A dependent or student may take the standard deduction even if claimed as a dependent by someone else.

Line 12 - Federal Income Tax Deduction

Alabama residents should deduct the Federal Income Tax liability as shown on their 2008 Federal Income Tax Return.

Enter the Federal Tax due as shown on your 2008 Federal Income Tax Return.

  1. Form 1040EZ - enter the amount from line 11.
  2. Form 1040A - enter the amount from line 37.
  3. Form 1040 - enter the amount from line 56. (The amount on line 56 should be increased by any amount on line 59.)
  4. Form 1040NR - enter the amount from line 51. (The amount on line 51 should be increased by any amount on line 54.)

PLEASE NOTE: The Federal line references were correct at the time these forms and instructions were printed. However, there may have been changes to Federal forms after our print deadline and the line numbers referenced for our forms may have changed. If you have questions as to the correct line number on the Federal return, please feel free to call one of our taxpayer service centers listed on page 2.

Joint Federal and Separate Alabama Returns, or Part Year Residents. If a married couple elects to file a joint federal return and separate Alabama returns, or if filing as a part year resident, the federal income tax liability must be determined by a ratio of Alabama adjusted gross income to federal adjusted gross income. This calculation is required regardless of the method used in claiming other deductions.

Line 13 - Personal Exemption

Enter the personal exemption from line 1, 2, 3, or 4.

Note: Part year residents are allowed the full exemption amount. A dependent or student may take the personal exemption even if claimed as a dependent by someone else.

Line 14 - Dependent Exemption

A "dependent" as defined under Alabama law is an individual other than the taxpayer and his or her spouse who received over 50% of his or her support from the taxpayer during the tax year and is also related to the taxpayer in one of the following relationships:

Son Stepfather
Daughter Mother-in-law
Stepson Father-in-law
Stepdaughter Brother-in-law
Legally adopted child Sister-in-law
Parent Son-in-law
Grandparent Daughter-in-law
Grandchild If related by blood:
Brother Uncle
Sister Aunt
Stepbrother Nephew
Stepsister Niece
Stepmother  

Note: You cannot claim a foster child, friend, cousin, yourself, or your spouse as a dependent under Alabama law.

Birth or Death of Dependent. You can take an exemption for a dependent who was born or who died during 2008 if he or she met the qualifications for a dependent while alive.

Support. You must have provided over 50% of the dependent's support in 2008. If you file a joint return, the support can be from you or your spouse. You cannot claim credit on an Alabama return for a dependent if you provided less than 50% of the support under Alabama law as you can under federal law in certain conditions.

In figuring total support, you must include money the dependent used for his or her own support even if this money was not taxable (for example: gifts, savings, welfare benefits). If your child was a student, do not include amounts he or she received as scholarships.

Support includes items such as food, a place to live, clothes, medical and dental care, recreation, and education. In figuring support, use the actual cost of these items. However, the cost of a place to live is figured at its fair rental value.

In figuring support, do not include items such as income taxes, social security taxes, premiums for life insurance, or funeral expenses.

If you qualify to claim your child and/or other individuals as your dependent, you must complete Part III on page 2. The amount entered on page 2, Part III, line 2, should be entered on line 14, page 1.

Line 17 - Figuring Your Tax

You must figure your tax from the Tax Tables unless you are claiming a carryover or carryback Net Operating Loss from another year.

Indicate the method you are using by checking the appropriate box. If you are claiming a Net Operating Loss from another year you must complete and attach Form NOL-85A.

Line 18 - Credits

Credit for Taxes Paid to Another State. You must complete Schedule CR and you must attach a copy of other state's return or W2G's if the taxing state does not allow a return to be filed for gambling winnings.

The credit is provided to prevent the double taxation of income and is only available to legal residents of Alabama filing Form 40 who have income from sources outside of Alabama that is being taxed by Alabama and another state (or territory of the United States) in the same tax year. Residents of Alabama for only a part of the tax year can claim this credit only if the returns filed with Alabama and the other state cover the same periods. If you are claiming credit for taxes paid to more than one state you must make a separate computation for each state using the Schedule CR Worksheet.

If the state for which you are claiming a credit allows for credits instead of personal exemptions, call (334) 242-1000 for further information in converting this credit for Alabama purposes.

No credit is allowable when the income from sources outside of Alabama is totally offset by a corresponding deduction. However, income from sources outside of Alabama that is reported on the return and not totally offset by a corresponding deduction may result in a credit. In such cases the credit is limited to the lesser of the tax actually due to the other state or territory or the amount that would be due on the same income computed at the income tax rate in Alabama. An example of this situation is shown in the booklet in the instructions for Schedule CR on page 21.

For further information read the instructions for Schedule CR on page 21.

Schedule OC. Schedule OC must be completed if you are claiming an employersponsored basic skills education credit, rural physician credit, coal credit, and/or a capital credit.

Basic Skills Education Credit is available to employers who provide basic skills education programs approved by the Alabama Department of Education to its employees.

Rural Physician Credit is available to licensed physicians who practice and reside in a small or rural Alabama community of less than 25,000 residents with admission privileges to a small or rural hospital having an emergency room. This credit is limited to 5 years.

Coal Credit is available for corporations producing coal mined in Alabama. See Code of Alabama 1975, §40-18-220.

Alabama Enterprise Zone Act Credit. To stimulate business and industrial growth in depressed areas of the state, Alabama offers certain tax incentives to corporations, partnerships, and proprietorships which locate or expand within a designated enterprise zone. These tax credit incentives were enacted by Act No. 87-573 of the Alabama Legislature and signed into law on July 22, 1987 as the "Alabama Enterprise Zone Act."

In order to qualify for the tax credits, a business must be located within a designated zone as approved by the Alabama Department of Economic and Community Affairs.

If a credit is earned by a partnership or S corporation, the credit will be distributed to each partner or shareholder based on the percentage of ownership. The partnership or S corporation should advise each partner or shareholder of the amount of his/her income subject to this credit.

For further information regarding the "Alabama Enterprise Zone Act" and the necessary forms to claim this credit, you should contact:

Alabama Department of Economic and Community Affairs
Development Division
401 Adams Avenue
P. O. Box 5690
Montgomery, AL 36103-5690
Phone (334) 242-8672

or

Alabama Department of Revenue
P.O. Box 327410
Montgomery, AL 36132-7410
Phone (334) 242-1000

Capital Credit is available to investing companies and their recipients involved in a project undertaken by certain new businesses to be located in the state and certain expansions of certain existing businesses. This capital credit was enacted by Act 95-187 of the Alabama Legislature and signed into law on June 15, 1997 as the "Capital Credit."

For further information regarding the credits listed above and the necessary forms to claim these credits, you should contact:

Alabama Department of Revenue
P.O. Box 327410
Montgomery, AL 36132-7410
(334) 242-1000

Line 19b - Consumer Use Tax

When you shop at retail stores and many other business establishments in Alabama, the price you pay for the retail purchases you make usually includes Alabama sales taxes. This tax is calculated at the rate of 4% of the cost of the item(s) you purchased. When you make retail purchases for similar items from businesses located outside of Alabama (mail order, Internet, telephone, while on vacation, etc.), you are responsible, as the consumer, for ensuring that the Alabama sales tax (which is called a "consumer use tax") is paid on these purchases if the business from which you made your purchase did not charge you Alabama sales tax for your purchase(s) and if the items you purchased are delivered to or brought back with you to Alabama.

Examples of retail purchases subject to Alabama sales (or consumer use) tax:

  • Clothing
  • Books
  • Computers
  • Computer Software
  • Furniture
  • Magazine Subscriptions
  • Sporting Goods
  • Jewelry
  • Electronic Equipment
  • CDs, DVDs, Audio & Video Cassettes
  • Photographic Equipment
  • Musical Equipment
  • Automotive Accessories and Parts
  • All other retail purchases subject to Alabama sales taxes

If you were charged a sales tax (other than Alabama sales tax) by the outofstate business for the item(s) you purchased, you are allowed a credit against your Alabama consumer use tax due for the amount of the sales tax you paid with your purchase, not to exceed 4%

Example: You purchased some electronic equipment over the Internet for $2,000 from a business outside Alabama, and you were not charged any Alabama sales tax on your purchase. You also purchased $500 of clothing during the year from various businesses outside Alabama (both over the Internet and while away on vacation), and were not charged Alabama sales tax on your purchases, but did pay $10 in sales taxes in another state on some of the purchases. Based on this example, your Alabama Consumer Use Tax Worksheet would be completed as follows:


Description of Property Purchase Price
Electronic Equipment $2,000.00
Clothing 500.00
1. Total $2,500.00
2. Consumer Use Tax (line 1 x .04)

$ 100.00

3. Sales Tax Paid When Purchased $ 10.00
4. Total Due(line 2 less line 3) $ 90.00

Note: Do not use the worksheet to compute use tax on the following items:

  • automobiles
  • trailers, truck trailers, semitrailers, travel trailers
  • mobile homes
  • motor boats which must be titled in Alabama

Tax on the above items will be collected at the time of registration by the appropriate county licensing official. For more information regarding Alabama consumer use tax call 334-242-1490.

Use the worksheet on page 10 to compute Alabama Use Tax.

Line 20 - Alabama Election Campaign Fund

If you wish to make a voluntary contribution to Alabama's Democratic Party or Republican Party indicate the amount and party by checking the proper box(es) on lines 20a or 20b.

Each individual may contribute $1 to either party. If a joint return is filed, each spouse may contribute $1 to either party. If you make a voluntary contribution to this fund it WILL INCREASE your tax by the amount of the contribution.

The total amount entered on line 20a or 20b cannot exceed $2 for a married couple filing a joint return or $1 for all other filers.

Line 22 - Alabama Income Tax Withheld

Enter the total Alabama income tax withheld as shown on lines 5a thru 5d.

Line 23 - 2008 Estimated Tax Payments

Enter on this line any payments you made on your estimated Alabama income tax (Form 40ES) for 2008 or automatic extension (Form 40V).

CAUTION — DO NOT INCLUDE:

  • The amount shown on line 27 of your 2007 Form 40. This is the balance you owed for the tax year 2007, and cannot be claimed as paid on your 2008 estimated tax even though you paid it in 2008.
  • Any overpayment from 2007 that was refunded to you.

If you and your spouse paid joint estimated tax but are now filing separate Alabama income tax returns, either of you may claim all of the amount paid, OR you can each claim a part of it. Please be sure to show both social security numbers on the separate returns. If you and your spouse paid separate estimated tax but are now filing a joint income tax return, add the amounts you each paid.

These instructions also apply if your spouse died during the year.

Name Change. If you changed your name because of marriage, divorce, etc., and you made estimated tax payments using your former name, attach a statement to Form 40 explaining all the payments you and your spouse made in 2008 and the name(s) and social security number(s) under which you made the payments.

Caution: It is very important that the social security numbers be the same on your current return, your last year's return, and all of your estimate vouchers. The Department will be unable to allow you proper credit for your payments unless the numbers are the same. If the Department is unable to verify the amount claimed, you may be requested to submit copies of all your canceled checks substantiating the amount claimed. This will cause considerable delay in processing your return.

Line 24 - Previous Payments

This line is for amended returns only. Enter the amount of your previous payment made with your original return and/or billing notices and amended returns(s).

Line 26 - Previous Refund

This line is for amended returns only. Enter the amount of your previous refund from your original return and amended return(s).

Line 28 - Amount You Owe (If line 21 is larger than line 27)

Subtract line 27 from line 21, and enter the amount on line 28 - this is the amount you owe the State of Alabama. It must be paid using Form 40V.

Pay the full amount by check or money order payable to the "Alabama Department of Revenue." On your payment write your social security number, your daytime telephone number, and "2008 Form 40," and remit your payment with Form 40V.

Electronic Bank Draft (E-Check): You can pay your taxes due electronically from your bank account online at https:// www.officialpayments. com/ echeck/
ec_template_standard.jsp
. Enter Jurisdiction Code 1100. You will need to have your bank routing number and your checking account number to use this service. There is no charge for this service.

Credit Card: You can also pay your taxes due by credit card online or by phone. Discover/NOVUS®, MasterCard ®, Visa® and American Express® cards are currently being accepted. There is a convenience fee for this service. This fee is paid directly to the company you select based on the amount of your tax payment. For specific instructions and options, see page "Pay Your Taxes by Credit Card Via Internet or Phone."

How do I pay by ACH Debit?

You may pay by ACH Debit by going to www.revenue.alabama.gov/efiling.htm. Do not use Form 40V when paying by ACH Debit. You will need to have your bank routing number and checking account number to use this service. No fee is charged for this service

If you are paying with funds on a foreign bank you must include an additional $25 exchange fee.

If payment for the full amount of tax due is not paid by the due date of the return, you will be charged interest and will be subject to penalties. See Penalties and Interest on page 16. More importantly, if you submit your return without payment, a final assessment may be entered by the Department. A final assessment which is not appealed is as conclusive as a judgment of a circuit court. The Department may then proceed with collection by issuance of legal processes including recording of tax liens, garnishment of wages or bank accounts, levy, or a writ of seizure directed to the county sheriff as provided by Sections 40-1-2, 40-2-11(16), and 40-29-23, Code of Alabama 1975.

Line 29 - Estimated Tax Penalty

If the amount you owe (line 28) exceeds $100.00, you may be subject to an estimate or underestimation penalty. Page 16 of this booklet provides additional information on these penalties. You may need to complete Form 2210AL. See page 31, "How to Obtain Forms."

Line 30 - Overpayment (If line 27 is larger than line 21)

Subtract line 21 from line 27, and enter the amount on line 30 - this is the amount you overpaid.

Note: The Alabama Department of Revenue will issue you a Form 1099G for the overpayment amount.

If you elect to itemize deductions on your 2008 Federal return and claim a deduction for Alabama Income Tax paid in 2008, the amount shown on line 28 should be reported as income on your 2009 Federal return.

Line 31 - Applied to 2009 Estimated Tax

You may elect to credit all or part of the overpayment shown on line 30 to your 2009 estimated tax. (Place amount on line 31.)

Once an election is made to apply this overpayment to your 2009 estimated tax, it cannot later be refunded to you or applied to pay additional tax for 2008. The amount entered on this line can only be claimed as a credit on your 2009 Alabama return.

Line 32 - Donation of Refunds

Enter amount from line 2, Schedule DC. (See page 22.)

You may elect to donate all or part of your overpayment, as shown on line 30, page 1, to one or more of the funds as provided by the Alabama Legislature. The amounts entered on these lines will be paid to the programs you indicate. Any amount you contribute may be claimed as an itemized deduction when you file your 2009 Alabama Income Tax Return. (Caution: When reporting your refund on your 2009 Federal return, you should report the amount of overpayment shown on line 28.)

Note: Amounts contributed to these funds WILL REDUCE your refund. Also, once an election is made to contribute to these funds, that election is irrevocable and cannot later be refunded. If your return is corrected by the Department, the amount contributed cannot be used to pay any additional tax due.

Line 33 - Refunded to You

Subtract the amount on line 31 and 32 from the amount on line 28. You should receive a check for the overpayment. If you file an early, accurate return, we will be able to process your refund more quickly. See When Should I Expect My Refund? and Common Mistakes That Delay Refunds on page 4 of this booklet for further information about your refund.

Sign Your Return

Form 40 is not considered a return unless you sign it. Please sign in black ink only. Your spouse must also sign if it is a joint return. If you are filing a joint return with your deceased spouse, see Death of Taxpayer on page 17.

Did You Have Someone Else Prepare Your Return? If you fill in your own return, the Paid Preparer's Use Only area should remain blank. Someone who prepares your return but does not charge you should not sign.

Generally, anyone who is paid to prepare your tax return must sign your return and fill in the other blanks in the Paid Preparer's Use Only area of the return. If you have questions about whether a preparer is required to sign a return, please contact an Alabama Taxpayer Service Center.

The preparer required to sign your return MUST:

  • Sign in the space provided for the preparer's signature. (Signature stamps or labels are not acceptable.)
  • Give you a copy of your return for your records in addition to the copy to be filed with the Alabama Department of Revenue.

BEFORE signing and mailing your return you should review it to make sure the preparer has entered the correct name(s), address, and social security number(s) in the spaces provided and reported all of your income. REMEMBER, you are responsible for the information on your return even if you pay someone else to prepare it.

Please enter your daytime phone number. This will enable us to contact you and help speed your refund if there are any problems with processing your return.

If you want the Department to contact your tax preparer instead, please give permission to do so by checking the box above the signature line.

Where To File

Use the envelope that came with your return. We encourage the use of this envelope since it will expedite the processing of your return and suggest that the address not be completed until you have completed your return. The envelope should be addressed in accordance with one of the following examples:

If you are not making a payment, mail your return to:

Alabama Department of Revenue
P.O. Box 154
Montgomery, AL 36135-0001

If you are making a payment, mail your return, Form 40V and payment to:

Alabama Department of Revenue
P.O. Box 2401
Montgomery, AL 36140-0001

Only your 2008 Form 40 return should be mailed to one of the above addresses. Prior year returns, amended returns, and any correspondence pertaining to your return should be mailed to:

Alabama Department of Revenue
Income Tax Division
P.O. Box 327464
Montgomery, AL 36132-7464

Part I, Page 2 - other Income

Line 1 - Alimony Received

Enter the amounts you received as alimony or separate maintenance. Amounts you received in 2008 are taxable to the same extent as for federal purposes.

If you received payments under a divorce or separation instrument after 1984, see the instructions for line 4, Part II for information in determining whether these payments qualify as alimony.

Transfers of Property Between Spouses or Former Spouses. In general, no gain or loss will be recognized on a transfer of property between spouses or former spouses. Please refer to Federal Law for more details.

Line 2a and 2b - Business Income or (Loss)

If you conducted a business or practiced a profession during the taxable year, you must complete and attach a copy of Federal Schedule C or C-EZ to your Alabama return.

Generally, you may deduct the ordinary and necessary expenses of doing business — the cost of merchandise, salaries, interest, taxes, rent, repairs, and incidental supplies. In the case of capital investments and improvements in depreciable property such as buildings, machines, and similar items having a useful life of more than one year, Alabama law provides for a "reasonable allowance" for depreciation over the useful life of the property.

If some of your expenses are part business and part personal, you can deduct ONLY the business portion.

  • Adjustments to Federal Schedules C and F. Alabama law differs from federal law in the treatment of some of the expenses shown on Federal Schedules C and F, and certain items may need adjusting for Alabama purposes. The expenses which may need adjusting are:
  •  Percentage Depletion Gas and Oil. In the case of oil and gas wells, the allowance for depletion shall be 12 percent of the gross income from the property during the taxable year, excluding from such gross income an amount equal to any rents or royalties paid or incurred by the taxpayer in respect to the property. Such amounts shall not exceed 50 percent of the net income of the taxpayer, computed without allowance for depletion, from the property, except that in no case shall the depletion allowance be less than the amount allowable under federal income tax law.
  • Cost Depletion Natural Resources Other than Gas and Oil. Alabama law has no provision for percentage depletion of natural resources other than gas and oil, as currently allowed under federal law. For Alabama purposes, the depletion allowance shall be computed using the cost depletion method.
  • Depreciation. Alabama law allows IRC Section 179 Expense for all taxable years beginning after December 31, 1989. Adjustments may be necessary if assets were acquired and placed in service prior to tax years beginning before January 1, 1990.
  • Targeted "Jobs Credit." You may have been allowed to take a portion of your payroll expense as a "Targeted Jobs Credit" on your federal return. This is an allowable expense for Alabama income tax purposes.
  • Passive Activity Losses. Alabama law has no provision, similar to current federal law, which limits the deduction of passive trade or business activity losses.
  • Office and Home Expense. Alabama Law has no provision similar to current Federal Law which limits the amount of otherwise deductible office and home expense.
  • Federal Economic Stimulus Act of 2008 Bonus Depreciation. Alabama law has no provision to allow a deduction for the bonus depreciation allowed by the Federal Economic Stimulus Act of 2008.

If you have adjustments involving any of the previously described expenses, attach an explanation and show the adjustment as "Other Expenses" on Federal Schedule C or F.

The net profit or (loss) from business, as shown on Federal Schedule CEZ or C after above adjustments (if applicable), should be entered on line 2, Part I.

The Federal Economic Stimulus Act of 2008 “Bonus depreciation” should be entered on line 2b, Part I.

Line 3 - Gain or (Loss) from Sale of Real Estate, Stocks, Bonds, Etc.

If you sold real estate, stocks, bonds or other capital assets, use Schedule D to report the net gain (or loss). Schedule D is also used to report the net gain (or loss) from involuntary conversion of capital assets that are NOT held in connection with a trade or business, or a transaction entered into for profit.

If you sold your personal residence, any gain realized is taxable to the same extent as reported on your federal return. NOTE: A loss on the sale of a personal residence is NOT deductible.

For additional information, see the instructions for Schedule D on page 22.

Line 4a and 4b - IRA Distributions ROTH and Educational IRAs

Use lines 4a and 4b to report IRA distributions you received. This includes regular distributions, early distributions, rollovers, Roth conversions, and any other money or property you received from your IRA account or annuity. Generally, you will receive a FORM 1099-R showing the "gross amount" and "taxable amount" of your distribution.

If your distribution is fully taxable, enter it on line 4b; no entry is required on line 4a. If only part of the distribution is taxable, enter the "taxable amount" on line 4b. You MAY need to complete the worksheet on page 13 to determine the amount taxable. If the "taxable amount" listed on your Form 1099R is correct for showing the "gross amount" and "taxable amount" of your distribution.Alabama purposes as for Federal purposes then you will NOT need to complete the worksheet. If the "taxable amount" listed on your Form 1099-R is NOT the same for Alabama purposes as for Federal purposes because you have a different cost basis, then you will need to complete the worksheet on page 13 to calculate the amount taxable for Alabama purposes.

IF THE IRA DISTRIBUTION IS ROLLED OVER, enter the total amount received on line 4a and the taxable portion, if any, on line 4b. Attach a statement to your return with complete information about the IRA, your cost in the plan, and the type of retirement account in which the distributed funds were invested.

Beginning in 1998, ROTH and EDUCATIONAL IRAs were recognized by the Alabama Department of Revenue. The same restrictions and limitations provided by the IRS apply when completing your Alabama return. However, be sure to use Alabama Adjusted Gross Income when computing your limitations.

FOR 2008, WHEN CONVERTING FROM A TRADITIONAL IRA TO A ROTH IRA, the taxable portion of the distribution (to be reported on Line 4b) is the amount that you would have to include in income if you had not converted or rolled over the traditional IRA into a Roth IRA. The taxable portion should not include any part of a withdrawal from a traditional IRA that is a return of your basis.

CAUTION: If you have to complete the worksheet on page 13 to calculate partially taxable distributions from IRA withdrawals any "taxable amount" from the worksheet must be added to the taxable amount from any Roth conversion, or the taxable amount of any other IRA rollovers or distributions. The "grand total" of all taxable amounts from IRA distributions, rollovers, conversions, etc. should be included on Line 4b, of Form 40, Page 2, Part 1.

Rollover Distributions . A "rollover" is a taxfree transfer of cash or other assets from one retirement program to another. There are two kinds of rollovers to an individual retirement arrangement (IRA): (1) a rollover from one IRA to another, and (2) a rollover from a qualified employer's plan to an IRA.

If you received a lump sum distribution from an Employee Benefit Plan, it should be included in gross income in the year received. There is no provision in Alabama law for forward averaging of such distributions.

If the lump sum distribution qualifies for the rollover provision of the Internal Revenue Code, it may also qualify for the rollover provision of the Alabama Income Tax Code as provided in Alabama Income Tax Regulation 810-3-25-.05(4) reprinted below:

Regulation 810-3-25-.05(4) — [Distributions from a trust that are not included in gross income of the individual for federal purposes due to the "rollover provisions" of Internal Revenue Code Sections 402, 403, 408, and 409 are excluded from Alabama gross income of the individual. These are:

  • qualified stock bonus, pensions, or profit sharing plans as described in Internal Revenue Code Section 401(a), and which are exempt under Internal Revenue Code Section 501(a), and meet the rollover requirements of Internal Revenue Code Section 402,
  • employee's annuities which meet the requirements of Internal Revenue Code Section 404(a)(2), and the rollover requirements of Internal Revenue Code Section 403,
  • individual retirement accounts that qualify under and meet the rollover provisions of Internal Revenue Code Section 408, and
  • retirement bonds that qualify under Internal Revenue Code Section 409 or Internal Revenue Code Section 219 and meet the "rollover provisions" of Internal Revenue Code Section 409.]

If the lump sum distribution qualifies and is rolled over, enter the total amount received and the taxable portion, if any, in the spaces provided on Form 40, Part I, lines 4a and 4b. A statement should also be attached to your return giving complete information about the retirement fund rolled over, your cost in the plan, and the type of retirement account in which the distributed funds were reinvested.

Line 5a and 5b - Pensions and Annuities

Use lines 5a and 5b to report pension and annuity income you received. Also, use these lines to report distributions from SEP, Keogh, 401(k)(2), 403(b), and profit sharing plans. Generally, you will receive a Form 1099-R or a Form W-2P showing the amount of your distribution.

Generally, unless specifically excluded by law, your pension payments are fully taxable if you did not contribute to the cost of your pension annuity or you have recovered your cost in the plan on prior Alabama income tax returns.

If your pension or annuity is fully taxable, enter it on line 5b; no entry is required on line 5a. If only part is taxable, see the worksheet on page 13 to determine the amount taxable. Enter the taxable amount of your pension or annuity on line 5b.

Worksheet for Partially Taxable Pensions, Annuities, and IRA Distributions- Use the worksheet on the previous page to report distributions from profitsharing plans, retirement plans, employee savings plans, and individual retirement arrangements not fully taxable. Also, use this worksheet to report pension and annuity income not fully taxable. If the income or distribution is fully taxable you do NOT need to complete this worksheet. In general, you should receive a 1099R showing the amount of your retirement plan distribution or income. If the taxable portion shown on your 1099R is the same for Alabama purposes as for Federal purposes you do NOT need to complete this worksheet. Instead report the total and the taxable amount on Form 40, page 2, Part I, lines 4 or 5.

The taxable portion may NOT be the same for Alabama purposes as for Federal purposes because you may have a different cost basis. In this case, you must complete this worksheet to calculate the amount taxable for Alabama purposes.

Amounts you received from the following retirement systems are not taxable and should not be reported.

  • Alabama Teacher's Retirement System.
  • Alabama Employee's Retirement System.
  • Alabama Judicial Retirement System.
  • Civil Service Retirement System.
  • Retirement Systems created by the Federal Social Security Acts.
  • Railroad retirement benefits received under the Federal Railroad Retirement Acts of 1935 and 1937.
  • Military Retirement Pay.
  • TVA Pension System Benefits.
  • U.S. Foreign Service Retirement and Disability Fund Annuities.
  • U.S. Government Retirement Fund Benefits.
  • Retirement benefits received from any Alabama firefighting agency by any eligible firefighter or designated beneficiary.
  • Retirement benefits received from any Alabama police system by any eligible peace officer or designated beneficiary.
  • Any "defined benefit" retirement plan in accordance with IRC 414(j). (Contact your retirement plan administrator to determine if your plan qualifies.)

Use lines 1 through 8 to report amounts you withdrew from your IRA, SEP, Keogh, 401(k)(2), or 403(b) account which are not fully taxable and for which you have not recovered any of your cost basis before January 1, 1987. If you began recovering your cost before January 1, 1987, you should report these distributions on lines 11, 12, and 13.

A - IRA, SEP, Keogh, 401(k)(2) or 403(b) Distributions you received in 2008 which included nondeductible contributions

Line 1.Enter the total value of your IRA, SEP, Keogh, 401(k)(2) or 403(b) account at the end of the taxable year. The amount entered on this line should include any withdrawals you made from the account during 2008. If you have more than one IRA (or other type account) you must enter the total value of all such accounts even though you made withdrawals in 2008 from only one or more of these accounts.

Caution: If you have more than one type of account (IRA, SEP, etc.) which includes contributions from which you received nondeductible distributions in 2008, you must make a separate computation for each type of account.

Line 2.Nondeductible contributions. Nondeductible contributions are those contributions to an IRA (or other type account) for which you have not claimed an adjustment to income on a previous year's return.

If a distribution is made from an IRA you contributed to prior to your residency in Alabama, your basis in that IRA for Alabama purposes will be the same as your basis for federal purposes.

Amounts may be considered nondeductible contributions for the following reasons:

  • The Federal Tax Reform Act of 1986 allowed you to make nondeductible contributions to your IRA even if you were unable to deduct all, part, or none of the contributions. Your nondeductible contribution is the difference between your total allowable IRA contributions (up to the maximum amount) and the amount you deducted on your Alabama return that year.
  • Qualified contributions made by you to an individual retirement arrangement (IRA), simplified employee pension (SEP), or Keogh plan before January 1, 1982, are considered part of your nondeductible contributions since Alabama did not allow you to defer tax on these contributions.
  • Qualified contributions you made to a Federal 401(k)(2) plan or 403(b) plan before January 1, 1985 are considered part of your cost since Alabama did not allow you to defer tax on these contributions.

 Line 3.Enter the total of all amounts you have withdrawn from these accounts and excluded from income on a previous year's Alabama return.

Line 4.Subtract line 3 from line 2 and enter the result on line 4. The difference in these amounts represents the balance of your nondeductible contributions.

Line 5. 2008 Withdrawals.Enter the total of all amounts you withdrew from your IRA or other deferred compensation accounts during the taxable year.

Line 6. Exclusion Ratio.Divide the amount on line 4 by the amount on line 1. This ratio will be used to figure the amount of nondeductible contributions that may be excluded this year.

Line 7. Amount of Exclusion.Multiply the amount on line 5 by the percentage on line 6. Enter the result here, but do not enter more than the amount on line 4.

Line 8.Subtract the amount on line 7 from the amount on line 5.

If the amount on line 8 is received from an IRA account, enter it on line 4b, Part I, Form 40. If from some other type account, it should be entered on line 5b. If you received distributions from two or more different types of accounts (IRA, SEP, Keogh, etc.), you should complete a worksheet for each type of account.

B - Pensions, annuities, etc., you began receiving after December 31, 1986 in which you had a cost basis.

Lines 9 and 10.Use these lines to report only the pensions and annuities you first began receiving in 1987 which are not fully taxable and for which you used the Federal Annuity Tables to compute the taxable portion on your federal return.

The taxable part of these pensions and annuities is computed in the same manner as figured for federal purposes. If the cost basis for Alabama purposes and Federal purposes is the same, the taxable part will be the same. If the cost basis is different for Alabama, the taxable part will be different. For details, refer to Federal instructions and Federal Publication 575, Pension and Annuity Income. Enter the full amount you received on line 9 and the taxable portion on line 10.

If you qualify to use the Federal Simplified General Rule, you will probably find it both simpler and more beneficial than the Federal General Rule in figuring the taxable and nontaxable parts of your annuity.

If you meet the conditions to choose the Federal Simplified General Rule, use the worksheet below to figure your taxable pension for 2008. In completing this worksheet, use your age at the birthday preceding your annuity starting date. Be sure to keep a copy of the completed worksheet because it will help you figure your 2008 taxable pension.


Worksheet for Federal Simplified General Rule
1. Total pension received this year. Also enter this amount on Form 40, Page 2, Part I, line 5a............ 1.__________
2. Your cost in the plan (contract), including any death benefit exclusion ..................... 2.__________

3. Age at annuity starting date:.............Enter:

55 and under........................... 300
56-60 .....................................260
61-65 .....................................240
66-70 .....................................170
71 and older............................120

3.__________
4. Divide amount on line 2 by the number on line 3, and round to two decimalplaces.................. 4.__________

5. Multiply line 4 by the number of months for which this year's payments were made............

5.__________
6. Taxable pension for year. Subtract line 5 from line 1 (do not enter less than zero). Also, enter this amount on Form 40, Page 2, Part I, line 5b. If your Form 1099R shows a larger taxable amount, use the amount on this line instead of the amount from theForm1099R ................ 6.__________

C - Pensions, annuities, etc., you began receiving prior to January 1, 987 in which you have not recovered your cost.

Lines 11 and 12.Use these lines to report pensions and annuities, which are not fully taxable, that you first began receiving prior to 1987. Enter on line 11 the full amount of these pensions that you received in 2008 and enter your unrecovered cost on line 12.

For amounts you began receiving prior to 1987, you can exclude from the taxable amount your unrecovered cost to the plan. Your cost is the amount you contributed plus the contributions your employer made on which you have already paid tax. After you recover your costs, all amounts you receive are fully taxable. Refer to the instructions for line 2 for information concerning amounts that are considered part of your cost basis of an IRA, SEP, Keogh, 401(k)(2), or 403(b) account.

Beneficiaries. If a former employee is receiving a pension or annuity and dies after recovering all of his or her cost, the entire amount the beneficiary receives is taxable for Alabama purposes. However, if the pension or annuity was exempt under Alabama law to the former employee, it is also exempt to the beneficiary.

If a former employee dies before recovering the entire cost, the beneficiary should continue to report the amounts received in the same manner as reported by the former employee. If the former employee began receiving payments after December 31, 1986, the beneficiary must continue to use the Federal Annuity Tables based on the beneficiary's life expectancy in determining the taxable part. If the deceased former employee began receiving payments before January 1, 1987, and has not recovered the cost, the beneficiary will continue to recover the cost before any amounts become taxable.

Line 14.Add the amounts on lines 10 and 13.

If the amount on line 14 is received from an IRA account, enter it on line 4b, Part I, Form 40. If from some other type account, the amount on line 14 should be entered on line 5b, Part I, Form 40. If you received distributions from two or more different types of accounts, you should report the total of all accounts on either line 4b, Part I, Form 40, or line 5b, Part I, Form 40 depending on the type of distribution received.

Line 6 - Rents, Royalties, Partnerships, Estates, Trusts, Etc.

Use line 6 to report income from rents, royalties, partnerships, S corporations, trusts, and estates.

For more information, see the instructions for Schedule E. Schedule E should be completed and attached to Form 40.

Line 7a and 7b - Farm Income or (Loss)

If you operated a farm during the year, you must attach Federal Schedule F to your return.

Alabama law differs from federal law in the treatment of certain items. See the instructions for line 2, Part I, for a description of the items that may need adjusting. If you have adjustments to any of these items, attach an explanation, and show the adjustment as "Other Expenses" on Federal Schedule F.

The net profit or (loss) from farming as shown on Federal Schedule F, after making the necessary adjustments, should be entered on line 7, Part I.

The Federal Economic Stimulus Act of 2008 “Bonus depreciation” should be entered on line 7b, Part I.

Line 8 - Other Income

Enter on line 8 any income you cannot find a place for on your return or other schedules. State the nature and source in the spaces provided, or attach a separate explanation.

Part II, Page 2 - Adjustments To Income

Lines 1a and 1b - Individual Retirement Arrangement (IRA) Deduction

Contributions to an Individual Retirement Arrangement (IRA) may be taken as an adjustment to income. These contributions represent a deferral of tax on a portion of your income. At the time funds are distributed from these accounts, the amount on which tax has been deferred cannot be claimed as a cost basis in the fund.

Since the Alabama Income Tax Law prior to 1982 did not allow these contributions to be deducted from gross income, you may have a cost basis in the fund for amounts contributed prior to 1982. Accurate records should be kept of the amounts contributed in order for you to be able to determine your cost basis when the funds are withdrawn.

Use the worksheet in your Federal Form 1040 linebyline instructions to calculate the amount allowable. The amount deductible on your Alabama return is subject to the same limitations as allowable on your 2008 Federal return. However, when figuring the limitation on the amount deductible use the adjusted gross income shown on line 10 of your Alabama return without benefit of the IRA deduction.

Line 2 - Keogh Retirement Plan and SEP Deduction

Selfemployed individuals may deduct contributions to a Keogh plan from gross income. These contributions represent a deferral of tax on a portion of income. The allowable contributions also include those qualified contributions made under a Simplified Employee Pension (SEP) Plan. At the time funds are distributed from these accounts, the amount on which tax has been deferred cannot be claimed as a cost basis in the fund.

Since the Alabama Income Tax Law prior to 1982 did not allow these contributions to be deducted from gross income, you may have a cost basis in the fund for amounts contributed prior to 1982. Accurate records should be kept of the amounts contributed in order to determine your cost basis when the funds are withdrawn.

Line 3 - Penalty on Early Withdrawal of Savings

The Form 1099-INT given to you by your bank or savings and loan association will show the amount of any penalty charged because you withdrew funds from a time savings deposit before its maturity. Enter this amount on line 3. (Be sure to include the interest income on Form 40, page 1, line 6.) Note: Penalties on early withdrawal from retirement plans are not deductible.

Line 4 - Alimony Paid

You can deduct payments of alimony or separate maintenance made under a court decree to the same extent allowed for federal income tax purposes. Do not deduct lumpsum cash or property settlements, voluntary payments not made under a court order or a written separation agreement, or amounts specified as child support. The name, social security number, and address of the person receiving the payments should be shown in the space provided.

Line 5 - Adoption Expenses

Beginning January 1, 1991, the reasonable medical and legal expenses paid or incurred by the taxpayer in connection with the adoption of a minor may be deducted as an adjustment to income. The term "medical expenses" include any medical and hospital expenses of the adoptee and the adoptee's biological mother which are incident to the adoptee's birth, and subsequent medical care and which, in the case of the adoptee, are paid or incurred before the petition is granted. Adoption agency fees are not deductible.

The expenses allowed in your 2008 return are limited to those expenses paid or incurred on or after January 1, 2008, even though adoption proceedings may have begun before this date. A resident of Alabama for only a part of 2008 may deduct only those expenses paid or incurred while a resident of Alabama. Accurate records of all expenses claimed as an adjustment to income must be maintained by the taxpayer and be available to the Alabama Department of Revenue upon request.

Line 6 - Moving Expenses

Employees and selfemployed persons (including partners) may deduct certain moving expenses as an adjustment to gross income to the same extent and subject to the same limitations as currently allowed under federal rules with the following exception:

— The new job location must be within the State of Alabama.

This deduction may be taken if you moved in connection with your job or business and your new workplace in Alabama is at least 50 miles farther from your old residence than your old workplace was from your former residence. If you had no former workplace, your new workplace must be at least 50 miles from your old residence.

Only expenses incurred in the moving of household goods and personal effects from the former residence to the new residence and traveling expenses, including lodging while en route to the new location are deductible. Expenses which are no longer deductible include the cost of meals while en route to the new location, premove house hunting trips, temporary living expenses, closing costs of selling the old house, costs of purchasing a new house, and costs incurred in settling an unexpired lease.

If you meet the requirements complete and attach Federal Form 3903 to figure the amount of moving expenses. Enter the total and the new job location as indicated on line 6.

Line 7 - Selfemployed health insurance deduction.

You can deduct Selfemployed health insurance premiums to the same extent as allowed for federal purposes.

Line 8 - Alabama Prepaid Affordable College Tuition Program (PACT) or Alabama College Education Savings Program Deduction

Beginning January 1, 2008 you can deduct up to $5,000.00 per year for payments made to the Alabama Prepaid Affordable Tuition Program (PACT) or the Alabama College Education Savings Program.

Part III, Page 2 - Dependents

Before completing this section, see page 9 of these instructions for the definition of a dependent. Please follow the linebyline instructions on Form 40 to complete this section.

Part IV, Page 2 - General Information

ALL TAXPAYERS MUST COMPLETE THIS SECTION

Line 1

Check the appropriate block for either full year or part year residency status.

Full Year Resident. Check here if you were a legal resident of Alabama even if you were employed outside Alabama.

PartYear Resident. Check here if you were not a legal resident of Alabama for the entire year. (EXAMPLE: During 2008 you moved into Alabama and became a resident, or you moved out of Alabama and became a resident of another state.)

Line 5

Enter the Adjusted Gross Income and Taxable Income as reported on your 2008 Federal Income Tax Return. This information is required under Section 401856, Code of Alabama 1975.

Line 6

If you received income from sources taxable for Federal purposes but exempt for Alabama tax purposes, the source(s) and amount(s) should be entered on line 6 unless they are explained elsewhere on the Alabama return.

Example: U.S. Civil Service Retirement is exempt for Alabama purposes and therefore should be shown on line 6.

Part V, Page 2 - Direct Deposit Information

For the 2008 tax year this option will be available only for Alabama Form 40 Individual returns. In order to receive a direct deposit refund, your paper return must be prepared using tax preparation software or from our web that utilizes 2D Bar Code technology.

Complete lines 1 through 3 if you want the Department to directly deposit the amount shown on Form 40, Page 1, Line 32 into your checking or savings account at a bank or other financial institution (such as a mutual fund, brokerage firm, or credit union) instead of sending you a check.

If you file a joint return and fill in lines 1 through 3, you are appointing your spouse as an agent to receive the refund. This appointment cannot be changed later.

Line 1

The routing number must be nine digits. The first two digits must be 01 through 12 or 21 through 32. Otherwise, the direct deposit will be rejected and a check sent instead. Your check may state that it is payable through a financial institution different from the one at which you have your checking account. If so, do not use the routing number on that check. Instead, contact your financial institution for the correct routing number to enter on line 1a.

Line 3

The account number can be up to 17 characters (both numbers and letters), to include hyphens but omit spaces and special symbols. Enter the number from eft to right and leave any unused boxes blank. Be sure not to include the check number.

WARNING: Some financial institutions will not allow a joint refund to be deposited into an individual account. If the direct deposit is rejected, a check will be sent instead. The Department is not responsible if a financial institution rejects a direct deposit. If you are unsure of the routing number and/or account number, you should check with your financial institution to ensure they are correct. the Department is not responsible for a lost refund if you enter the wrong account information.

SECTION 4. General Information

This section contains general information about items such as amending your tax return, how long to keep records, and filing a return for a deceased person.

Substitute Tax Forms

You may not use your own version of a tax form unless it meets the requirements of the Alabama Department of Revenue. All privately designed and printed substitute tax forms must be approved by the Alabama Department of Revenue.

Penalties and Interest

Interest. Interest is charged on taxes not paid by their due date even if an extension of time is granted. If your return is not filed by the due date and you owe additional tax, you should add interest from April 15, 2008 to date of payment. Submit payment of the tax and interest with your return. Alabama law provides that the same rate of interest shall be collected as currently prescribed by the Internal Revenue Service. Any of the Alabama Taxpayer Service Centers listed on page 2 of this booklet will provide the current rate of interest in effect at the time your return is filed.

Failure To Timely File Return. You can avoid this penalty by filing your return by the due date. Alabama law provides a penalty of 10% of the tax due or $50.00, whichever is greater, if filed late. If you can show reasonable cause for filing a delinquent return, attach a full explanation to your return.

Failure To Timely Pay Tax. The penalty for not paying the tax when due is 1% of the unpaid amount for each month or fraction of a month that the tax remains unpaid. The maximum penalty is 25%.

Estimated Tax Penalty. Failure to pay quarterly estimated tax will result in a penalty equal to 10% of any additional tax to be paid or $50 whichever is greater.

Underestimation Tax Penalty. If 90% of the tax, in the case of individuals other than farmers (exercising an election under Section 40-18-82) exceeds the estimated tax paid there shall be added to the tax an amount equal to such excess or equal to 6% of the amount by which such tax exceeds the estimated tax, whichever is lesser.

Note: If you included interest, a failure to timely file, or a failure to timely pay penalty with your payment, idenltify and enter these amounts in the bottom margin of Form 40, page 1. The only penalties to be included on lines 26 and 27 of Form 40 are the estimate or underestimation penalties.

Other Penalties. There are also penalties for filing a frivolous return, underpayment due to negligence, underpayment due to fraud, substantial understatement of estimated tax, and failure to file estimated tax.

Any person failing to file a return as required by Alabama law or rendering a willfully false or fraudulent return will be assessed by the Alabama Department of Revenue on the basis of the best information obtainable by the Department with respect to the income of such taxpayer.

Criminal Liability. Section 40-29-112, Code of Alabama 1975, as amended, provides for a more severe penalty for not filing tax returns. Any person required to file a return under this title who willfully fails to make such return shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not more than $25,000 or imprisoned not more than 1 year, or both. Section 40-29-110 provides that any person who willfully attempts to evade any tax imposed by this title or the payment thereof shall be guilty of a felony and, upon conviction thereof, shall be fined not more than $100,000 or imprisoned for not more than 5 years, or both. These penalties are in addition to any other penalties provided for by Alabama law.

Address Change

If you move after filing your return and expect a refund, you should notify the Department of Revenue and send a change of address notice to: Alabama Department of Revenue, Individual and Corporate Tax Division, P. O. Box 327410, Montgomery, AL 36132-7410. This will help forward your check to you as soon as possible and allow us to mail next year's forms to your new address.

Corresponding With Alabama Department of Revenue

Be sure to include your social security number and phone number in any letter to the Alabama Department of Revenue. (See "Where To File," page 12.)

How Long Should Records Be Kept?

Keep records of income, deductions, and credits shown on your return, as well as any worksheets used to figure them, until the statute of limitations runs out for that return. Usually this is 3 years from the date the return was filed. If income that should have been reported was not reported and the income omitted is in excess of 25% of the stated income, the period of limitation does not expire until six (6) years after the due date of the return or six (6) years after the date the return was filed, whichever is later. There is no period of limitation when a return is false or fraudulent, or when no return is filed.

Also keep copies of your filed tax returns as part of your records. You should keep some records longer than the period of limitation. For example, keep property records (including those on your own home) as long as they are needed to figure the basis of the original or replacement property. Copies of your tax returns will help in preparing future returns, and they are necessary if you file an amended return. Copies of your returns and your other records may be helpful to your survivor, or the executor or administrator of your estate.

Requesting a Copy of Your Tax Return

If you need a copy of your tax return or tax account information use Form 4506-A, Request for Copy of Tax Form or Income Tax Account Information. The charge for a copy of a return is $5. There is no charge for tax account information.

Amended Return

If you have already filed a return and become aware of any changes to income, deducations or credits, you should file an amended tax return. for tax years prior to tax year 2008 you should mail in a completed Form 40X, Amended Alabama Individual income tax return, to change those items. Beginning with tax year 2008 you should file a completed Alabama Individual income Tax Return with the “Amended” box checked. A detailed explanation page of all the changes made should be attached to the tax return.

Note: If your State return is changed for any reason, it may affect your Federal Income Tax liability. This would include changes made as a result of an examination of your return by the Alabama Department of Revenue. Contact the Internal Revenue Service for more information.

Death of Taxpayer

If the taxpayer died before filing a return for 2008, the taxpayer's spouse or personal representative must file a return for the person who died if the deceased was required to file a return. A personal representative can be an executor, administrator, or anyone who is in charge of the taxpayer's property.

The person who files the return should write "DECEASED" after the decedent's name. Also write "DECEASED," the decedent's full name, and date of death across the top of the tax return.

If the taxpayer did not have to file a return but had tax withheld, a return must be filed to receive a refund.

If your spouse died in 2008, you can file a joint return even if you did not remarry in 2008. You can also file a joint return if your spouse died in 2009 before filing a 2008 return. A joint return should show your spouse's 2008 income before death and your income for all of 2008. Also write "Filing as surviving spouse" in the area where you sign the return. If someone else is the personal representative, he or she must also sign.

If you are claiming a refund as a surviving spouse filing a joint return with the deceased and you follow the above instructions, no other form is needed to have the refund issued to you. Please note: An Alabama refund of a deceased taxpayer cannot be issued to a third party.

Payment of Estimated Tax

Every individual who reasonably expects to have net income in 2009 from sources other than salaries and wages in excess of $3,500.00 is required to file Form 40ES, and remit payment of Estimated Tax.

Note: If the TOTAL ESTIMATED TAX for 2009 is less than one hundred dollars ($100), an estimate is not required to be paid.

Income from other sources includes interest income, dividends, selfemployment income, etc.

Alabama law provides for penalties if an estimate is due and is not paid, or is underpaid. The due dates for making estimated tax payments are the same as required by Federal Income Tax Law. Do not include payment of your estimated tax with the payment for tax due on your individual return because the quarterly voucher and remittance MUST be mailed separately. Additional instructions for filing your estimates are on the back of Form 40ES.

No refund will be made for any estimated taxes paid except when such amount is taken as a credit on an income tax return filed at the end of the taxable year by the payor or his authorized representative, or on an amended income tax return if the full amount paid is not claimed on the original income tax return.

Automatic Extension

If you know you cannot file your return by the due date you do not need to file for an extension. You will automatically be granted an extension until October 15, 2009. If you anticipate that you will owe additional tax on your return you should submit your payment with a payment voucher (Form 40V) by April 15, 2009.

Except in cases where taxpayers are abroad, no extension will be granted for more than 6 months.

An extension means only that you will not be assessed a penalty for filing your return after the due date. Interest on the additional tax due from the due date of the return and any penalties will be assessed if applicable to your return.

Setoff Debt Collection

If you owe money or have a delinquent account under any of the following public assistance programs, your refund may be applied to offset that debt:

  • Any and all of the public assistance programs administered by the Alabama Department of Human Resources, including the Child Support Act of 1979, Chapter 10 of Title 38.
  • Any and all of the assistance programs administered by the Alabama Medicaid Agency.
  • Overpayment of unemployment compensation.
  • Any and all court fees/fines owed to the Administrative Office of Courts.

If the Alabama Department of Human Resources, Alabama Department of Industrial Relations, Alabama Medicaid Agency, or the Administrative Office of Courts notifies the Alabama Department of Revenue that you have a delinquent account in excess of $25, part or all of your refund may be applied to offset that debt. If you are married and filing a joint return, the joint refund may be applied to offset any of the above debts.

IMPORTANT: If you have been assessed taxes from a prior year, your current year refund will be applied to that debt even if the liability resulted from a jointly filed return.

Federal Refund Offset Program

Your 2008 Federal or State refund will be taken to satisfy any outstanding liabilities owed to the State of Alabama or to the Internal Revenue Service.