# Ala. Code § 40-18-24.3: Section 40-18-24.3 Taxation on Distributive Share of Interest, Dividends, Etc., of Nonresident Member of Qualified Investment Partnership

> Alabama · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-24.3

## Section

- **Citation:** Ala. Code § 40-18-24.3
- **Heading:** Section 40-18-24.3 Taxation on Distributive Share of Interest, Dividends, Etc., of Nonresident Member of Qualified Investment Partnership
- **Jurisdiction:** Alabama
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Alabama Code / Title 40 / Chapter 18 / Section 40-18-24.3

## Text

(a) Notwithstanding any other provision of this chapter to the contrary, including Sections 40-18-2 and 40-18-24.2, no income tax shall be due the State of Alabama from a nonresident member of a qualified investment partnership, or from the qualified investment partnership itself, with respect to the nonresident member’s distributive share of interest, dividends, distributions, or gains and losses from qualifying investment securities owned by the entity, as long as the nonresident member does not actively participate in the day-to-day management of the entity. Provided, however, that in the event a qualified investment partnership invests in the qualifying investment securities of an entity that is majority owned by a nonresident member of the qualified investment partnership, income tax shall be due by such nonresident member with respect to the member’s distributive share of any interest, dividends, distributions, or gains and losses from the qualifying investment securities of the other entity. For purposes of this section and Section 40-18-24.2, “majority owned” means ownership of more than 50 percent of the issued and outstanding voting stock of the other entity, applying the attribution rules of 26 U.S.C. §318.

(b) The terms “nonresident,” “member,” “qualified investment partnership,” and “qualifying investment securities” shall have the same meanings ascribed to them in Section 40-18-24.2.

(c) The Department of Revenue shall promulgate reasonable rules to effectuate the intent of this section, including rules permitting certain corporate members of qualified investment partnerships to be eligible for the provisions of this section. Further, if the Commissioner of Revenue determines that this section is being used in an abusive fashion principally to avoid Alabama income tax liability, the commissioner shall have the authority to promulgate rules to distribute, apportion, or allocate gross income in order to clearly reflect the income of any such entity engaged in such tax avoidance.

## Nearby sections

- [Ala. Code § 40-18-1 Section 40-18-1 Definitions](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-1.md)
- [Ala. Code § 40-18-1.1 Section 40-18-1.1 Operating Rules](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-1.1.md)
- [Ala. Code § 40-18-2 Section 40-18-2 Levied; Persons and Subjects Taxable](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-2.md)
- [Ala. Code § 40-18-2.1 Section 40-18-2.1 Income of Foreign Missionary Exempt](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-2.1.md)
- [Ala. Code § 40-18-2.2 Section 40-18-2.2 Exemption of Certain Nonresident Income](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-2.2.md)
- [Ala. Code § 40-18-3 Section 40-18-3 (Effective January 1, 2025) Income of Officers or Agents of the United States, Etc](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-3.md)
- [Ala. Code § 40-18-4 Section 40-18-4 Interest or Other Income Received from Obligations of the United States or Its Possessions, Agencies or Instrumentalities](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-4.md)
- [Ala. Code § 40-18-5 Section 40-18-5 Tax on Individuals](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-5.md)
- [Ala. Code § 40-18-6 Section 40-18-6 Gain or Loss - Basis of Property; Adjusted Basis](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-6.md)
- [Ala. Code § 40-18-6.1 Section 40-18-6.1 Gain or Loss - Special Rules for Capital Gains Invested in Opportunity Zones](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-6.1.md)
- [Ala. Code § 40-18-7 Section 40-18-7 Gain or Loss - Determination of Amount](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-7.md)
- [Ala. Code § 40-18-8 Section 40-18-8 Gain or Loss - Recognition](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-8.md)
- [Ala. Code § 40-18-8.1 Section 40-18-8.1 Gain or Loss - Recognition of Gains Invested in Opportunity Zones](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-8.1.md)
- [Ala. Code § 40-18-9 Section 40-18-9 Gain or Loss - Optional Method for Returning as Income Increases in Redemption Value of Securities Purchased at a Discount](https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-9.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AL_T40_C18_S40-18-24.3. Check the current official text before relying on it. Not legal advice.