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Alabama Code § 40-18-31.2 creates the factor presence standard for business activity in the state to determine nexus for business income tax, business privilege tax and financial institution excise tax. The section stipulates that the threshold amounts may be adjusted periodically consistent with the Consumer Price Index.

A corporation is deemed to have “substantial nexus” for the tax period in which they exceed the following thresholds for Alabama:


                  For tax years January 1, 2015 – December 31, 2018:

  • $50,000 of property,
  • $50,000 of payroll,
  • $500,000 of sales, or
  • 25% of the total property, total payroll, or total sales.


For tax years beginning on or after January 1, 2019:

  • $54,000 of property,
  • $54,000 of payroll,
  • $538,000 of sales, or
  • 25% of the total property, total payroll, or total sales.


Corporations organized in Alabama or commercially domiciled in this state have substantial nexus in Alabama.


If a corporation is not organized or commercially domiciled in Alabama, and the activities do not exceed the standard of “mere solicitation of sales” that fall under the protection of PL 86-272, the factor presence nexus standards established for tax years beginning January 1, 2015 forward will not apply.

For assistance in determining nexus and filing responsibilities of a corporation in Alabama, complete the nexus questionnaire online at nexus.revenue.alabama.gov.