Alabama Administrative Code
Title 810 - ALABAMA DEPARTMENT OF REVENUE
Chapter 810-14-1 - TAXPAYERS; BILL OF RIGHTS AND UNIFORM REVENUE PROCEDURES
Section 810-14-1-.13 - Service Of Preliminary And Final Assessments
Universal Citation: AL Admin Code R 810-14-1-.13
Current through Register Vol. 42, No. 11, August 30, 2024
(1) SCOPE. This regulation relates to the authority of the Department to use varying methods of service when notifying a taxpayer that a preliminary or final assessment has been entered.
(2) PURPOSE. The purpose of this regulation is to establish procedures regarding the methods of service by which a preliminary or final assessment may be delivered to a taxpayer.
(3) PROCEDURE.
(a) Whenever the Department determines that a
preliminary assessment should be entered, the notice or copy of the notice
shall be mailed to the taxpayer's last known address, promptly after entry of
the assessment, by one of the following methods:
1. first class U.S. mail, or
2. certified mail with return receipt
requested
(b) At the
option of the Department, however, any preliminary or final assessment may be
delivered to the taxpayer and/or the taxpayer's representative in person by an
agent of the Department.
(c) The
service of a final assessment varies depending upon the type of assessment
(i.e., tax or value) and the amount of the assessment, specifically:
1. final assessments of tax of $500 or less
shall be sent by first class U.S. mail to the taxpayer's last known address
and/or the taxpayer's authorized representative;
2. final assessments of tax greater than $500
shall be sent certified mall with return receipt required to the taxpayer's
last known address and/or the taxpayer's authorized representative;
and
3. final assessments of value
shall be sent by first class U.S. mail to the taxpayer's last known address
and/or the taxpayer's authorized representative.
(d) The taxpayer's "last known address" shall
be deemed to be the last address provided to the Department by the taxpayer
unless, the Department determines that such address has changed subsequent to
the last return having been filed.
(e) In the event that the taxpayer has never
furnished the Department with an address, as in the case of out-of-state
residents being assessed with the "100 percent penalty," the Department may
rely on the best information available in determining where the notice is to be
sent. Those sources may include city directories, post office verification
letters, current telephone directories, records of the U.S. Bankruptcy Court,
motor vehicle records, county tax assessors' records, IRS records, and records
of the Department of Industrial Relations.
(f) A preliminary or final assessment is
deemed to have been properly served by the Department if the assessment is
served promptly after entry in accordance with (a), (b), (c), (d), or (e)
above. If a preliminary or final assessment sent by certified mail is returned
to the Department "unclaimed" or "refused," the Department will remail the
assessment by first class U.S. mail.
Author: George Mingledorff
Statutory Authority: Act 92-186.
Disclaimer: These regulations may not be the most recent version. Alabama may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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