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Birmingham, AL Local Taxes & Fees: Business Tax Classification (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Classification system
2002 NAICS sectors and subsectors
Second-license threshold
Over 35% of gross receipts from that line
Sworn statement deadline
On or before tax due date
Revocation notice
10 days after mailed tax demand
Reissue bar after revocation
6 months
False statement penalty
Misdemeanor, Sec. 3A-1-12

Summary

Birmingham classifies every business into 2002 NAICS sectors and subsectors to set the license tax rate under Code of Ordinances Sec. 3A-1-21. A business with a second line generating over 35 percent of gross receipts at one location must buy a second license under Sec. 3A-1-22.

Every taxpayer required to purchase a business license under this chapter shall: (1)Purchase a business license for each location at which it does business within the city, except as otherwise provided by the city.(2)Except as provided in Code of Ala. 1975, § 11-51-193, with respect to taxpayers subject to state licensing board oversight, be classified into one or more of the 2002 North American Industrial Classification System (NAICS) sectors and applicable subsectors, industry groups, industries and U.S. industries. ... Any taxpayer engaged at one location in more than one line of business falling within separate NAICS sector or subsectors, for which a business license is or may be required by the department in accordance with this chapter, shall take out and pay for a license for each separate NAICS sector or subsectors from which the taxpayer derived more than 35 percent of its gross receipts during the preceding license year

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 3).

Full Breakdown

industries under Sec. 3A-1-21, except for taxpayers already under state licensing board oversight per Code of Ala. 1975, Sec. 11-51-193. A business operating more than one line of work at a single location does not automatically owe two licenses: Sec. 3A-1-22 requires a separate license for each additional NAICS sector or subsector only when that line produced more than 35 percent of the taxpayer's gross receipts in the preceding license year, and the council may set that threshold anywhere up to 35 percent. Receipts from a minor sideline that never crosses the threshold stay folded into the license for the taxpayer's primary line of business rather than triggering a stand-alone license.

Where the tax owed depends on facts only the business knows (gross receipts, gross sales, capital invested, number of employees, space occupied), Sec. 3A-1-13(a) requires the taxpayer to file a sworn statement with the director of finance on or before the tax due date so the department can fix the correct classification and tax amount. The license issued off that statement is conditional: Sec. 3A-1-13(b) lets the city council revoke it as inadvertently granted if the sworn statement later proves false or incorrect. If a taxpayer disputes the department's classification and refuses to pay the demanded amount within ten days of a mailed notice, Sec.

3A-1-130 sends the matter to the city council, where the taxpayer may appear in person or by counsel and show cause why the license should not be revoked; the department's classification determination stands as correct and final unless the taxpayer proves otherwise at that hearing.

Violations & Fines

Filing a false, deceptive or misleading sworn statement about gross receipts, capital invested, or employee count to obtain a lower classification is a misdemeanor under Sec. 3A-1-12 and separately unlawful under Sec. 3A-1-19, and grounds for the city council to revoke the license under Secs. 3A-1-131 and 3A-1-13(b). A revoked license cannot be reissued to that licensee for six months under Sec. 3A-1-133(f), and doing business on a revoked license is itself unlawful under Sec. 3A-1-133(h).

Frequently Asked Questions

How does Birmingham decide which NAICS classification my business gets?
The finance department assigns your business license to one or more 2002 NAICS sectors, subsectors, industry groups and industries based on the sworn statement you file under Sec. 3A-1-13 describing your gross receipts, sales, capital and staffing. Taxpayers under state licensing board oversight follow Code of Ala. 1975 Sec. 11-51-193 instead.
Do I need two business licenses if I run two lines of business from one location?
Only if the second line produced more than 35 percent of your gross receipts at that location in the preceding license year, per Sec. 3A-1-22. Below that threshold, the receipts are folded into your primary line's license and taxed there instead.
What happens if I dispute Birmingham's classification of my business?
If you do not pay the amount the director of finance demands within ten days of the mailed notice, Sec. 3A-1-130 refers the case to the city council, where you can appear with counsel and argue the classification is wrong. The department's determination is treated as final unless you prove otherwise at that hearing.
Can Birmingham revoke my license over a classification error?
Yes. Sec. 3A-1-13(b) lets the city council revoke a license as inadvertently granted if the sworn statement behind the classification turns out false or incorrect, and Sec. 3A-1-133(f) bars reissuing that license to the same licensee for six months.

Sources & Official References

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