Ark. Code Ann. § 26-51-404 — AR Code / Title 26 / Chapter 51 / Subchapter 4 / Section 26-51-404
Gross income generally
Status: in_force

(a) (1) "Gross income" includes: (A) Gains, profits, and income derived from salaries, wages, or compensation for personal service of whatever kind and in whatever form paid; (B) Gains, profits, and income derived from professions, vocations, trades, business, commerce, or sales; (C) Gains, profits, and income derived from dealings in property, whether real or personal, growing out of the ownership of, use of, or interest in the property; (D) Gains, profits, and income derived from interest, rent, royalties, dividends, annuities, securities, or the transaction of any business carried on for gain or profit; (E) Gains or profits and income derived from any source whatever; (F) Any payments of alimony and separate maintenance received pursuant to a court order; (G) Except as provided in subdivision (b)(31) of this section, unemployment compensation benefits paid from federal unemployment funds; and (H) Except as provided in subdivision (b)(32) of this section, unemployment insurance benefits received from unemployment compensation paid under Title IV of the Social Security Act, 42 U.S.C. § 601 et seq., except for unemployment or sickness payments made pursuant to 45 U.S.C. § 352 , as it existed on January 1, 2017. (2) The amount of all such items shall be included in the gross income of the taxable year in which received by the taxpayer. (3) Any recovery of an amount which was deducted from gross income in a prior year must be treated as taxable income in the year recovered to the extent that the deduction resulted in a reduction in income tax liability. (4) Title 26 U.S.C. § 117 , as in effect on January 2, 2017, regarding the taxability of scholarships, fellowships, grants, and stipends, is adopted for the purpose of clarifying and calculating Arkansas income tax liability. (b) "Gross income" does not include the following items, which shall be exempt from taxation under the Income Tax Act of 1929, § 26-51-101 et seq.: (1) Title 26 U.S.C. § 1033 , as in effect on January 1, 2009, relating to the exclusion from gross income of gain resulting from the involuntary conversion of a taxpayer's property, is adopted for the purpose of computing Arkansas income tax liability; (2) Title 26 U.S.C. § 121 , as in effect on January 1, 2009, relating to the exclusion from gross income of gain from the sale or exchange of property owned and used as the taxpayer's principal residence, is adopted for the purpose of computing Arkansas income tax liability; (3) Title 26 U.S.C. § 101 , as in effect on January 1, 2007, relating to the exclusion from gross income of proceeds or benefits paid upon the illness or death of the insured, is hereby adopted for the purpose of computing Arkansas income tax liability; (4) The value of property acquired by gift, bequest, devise, or descent, but the income from such property shall be included in gross income; (5) Interest upon obligations of the United States or its possessions or upon obligations of the State of Arkansas or any political subdivision of the State of Arkansas; (6) Any: (A) Amounts received through accident or health insurance or under workers' compensation acts as compensation for personal injuries or sickness, plus the amount of any damages received, whether by suit or agreement, on account of such injuries or sickness; or (B) Social Security payments, railroad retirement benefits, and unemployment insurance benefits received from the railroad retirement boards; (7) (A) Income from domestic corporations when earned from sources without the state, and these sources shall be defined to mean places of manufacture or production and places of merchandising. (B) When books of account do not clearly and accurately reflect the income earned from sources without the state, the Arkansas income shall be determined by processes or formulas of general apportionment prescribed by the Secretary of the Department of Finance and Administration and approved by the Governor; (8) Dividends received by a corporation doing business within this state from a subsidiary if at least eighty percent (80%) of the subsidiary's capital stock is owned by a corporation doing business within this state; (9) In the case of an ordained, commissioned, or licensed minister of a recognized church, 26 U.S.C. § 107 , as in effect on January 2, 2013, regarding the rental value of parsonages, is adopted for the purpose of computing Arkansas income tax liability; (10) Title 26 U.S.C. §§ 108 and 1017 , as in effect on January 1, 2019, regarding income from the discharge of indebtedness, are adopted for the purpose of computing Arkansas income tax liability; (11) Title 26 U.S.C. § 125 , as in effect on January 1, 2011, is adopted in computing amounts excludible from gross income under the Income Tax Act of 1929, § 26-51-101 et seq., for payments received under a cafeteria plan; (12) (A) Title 26 U.S.C. § 129 , as in effect on January 1, 2005, regarding the exclusion from income for dependent care assistance, is adopted for the purpose of computing Arkansas income tax liability. (B) However, no amounts excluded from gross income pursuant to subdivision (b)(12)(A) of this section shall be taken into account in computing the dependent care credit contained in § 26-51-502 ; (13) Title 26 U.S.C. § 79 , as in effect on January 1, 1989, regarding the exclusion from income for group term life insurance is hereby adopted for the purpose of computing Arkansas income tax liability; (14) The following sections of the Internal Revenue Code, 26 U.S.C. § 1 et seq., regarding the exclusion from income of disability and health plan payments, are adopted for the purpose of computing Arkansas income tax liability: (A) Title 26 U.S.C. §§ 104 and 106 , as in effect on January 1, 2011; and (B) Title 26 U.S.C. § 105 , as in effect on January 1, 2017; (15) Title 26 U.S.C. § 82 , as in effect on January 1, 1995, regarding the inclusion in gross income of moving expense reimbursements, is adopted for the purpose of computing Arkansas income tax liability; (16) Title 26 U.S.C. § 119 , as in effect on January 1, 1999, regarding the exclusion from gross income of meals or lodging furnished for the convenience of the employer, is adopted for the purpose of computing Arkansas income tax liability; (17) Title 26 U.S.C. § 126 , as in effect on January 1, 1995, regarding the exclusion from gross income of certain cost-sharing payments, is adopted for the purpose of computing Arkansas income tax liability; (18) Title 26 U.S.C. § 131 , as in effect on January 1, 2003, regarding the exclusion from gross income of amounts received by a foster care provider as qualified foster care payments, is adopted for the purpose of computing Arkansas income tax liability; (19) Title 26 U.S.C. § 132 , as in effect on January 1, 2017, regarding the exclusion from income of certain fringe benefits, is adopted for the purpose of computing Arkansas income tax liability; (20) Title 26 U.S.C. § 127 , as in effect on January 1, 2017, regarding the exclusion from gross income for employees whose education expenses were paid by an employer, is adopted for the purpose of computing Arkansas income tax liability; (21) Interest or dividends earned or capital gains recognized on a long-term intergenerational security trust created pursuant to this subchapter, except as provided in this subchapter; (22) Interest or dividends earned on an individual development account and matching funds deposited into an individual development account pursuant to the Family Savings Initiative Act, § 20-86-101 et seq.; (23) Title 26 U.S.C. § 138 , as in effect on January 1, 1999, regarding a pilot program permitting eligible senior citizens to establish Medicare Plus Choice medical savings accounts, is adopted for the purpose of computing Arkansas income tax liability; (24) (A) Title 26 U.S.C. § 72 , as in effect on January 1, 2007, relating to the exclusion from gross income of certain proceeds received under life insurance, endowment, and annuity contracts, is adopted for the purpose of computing Arkansas income tax liability. (B) (i) Annuity income received through an employment-related retirement plan shall not be subject to the provisions of this subsection. (ii) The income shall instead be subject to the retirement income provisions of § 26-51-307 ; (25) Title 26 U.S.C. § 137 , as in effect on January 2, 2013, regarding the exclusion from gross income of benefits received under an employer's adoption assistance program, is adopted for the purpose of computing Arkansas income tax liability; (26) Contributions by an employer to an employee's health savings account within the limitations established in § 26-51-453 shall not be included in the employee's gross income; (27) Title 26 U.S.C. § 134 , as in effect on January 1, 2009, regarding the exclusion from income of qualified military benefits provided to members of the United States Armed Forces, is adopted for the purpose of computing Arkansas income tax liability; (28) Title 26 U.S.C. § 408(d)(8) as in effect on January 1, 2007, relating to tax-free distributions from individual retirement plans for charitable purposes for taxable years 2006 and 2007, is adopted for the purpose of computing Arkansas income tax liability; (29) Child support payments shall not be included in the gross income of the recipient; (30) Title 26 U.S.C. § 118 , as in effect on January 1, 2019, regarding the recognition or nonrecognition of income for contributions to capital, is adopted for the purpose of computing Arkansas income tax liability; (31) Unemployment compensation benefits paid from federal unemployment funds for calendar year 2020 or 2021; (32) Unemployment insurance benefits described in subdivision (a)(1)(H) of this section and paid for calendar year 2020 or 2021; (33) (A) The following, which are adopted for purposes of computing Arkansas income tax liability: (i) Title 15 U.S.C. § 636A(i) , as in effect on January 1, 2021, after the redesignation provided by § 304(b) of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, and the amendment provided by § 276(a) of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, regarding the Paycheck Protection Program loan forgiveness; (ii) Section 276(b) of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, regarding subsequent Paycheck Protection Program loan forgiveness; (iii) Section 277 of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, concerning the tax treatment of certain emergency financial aid grants; and (iv) Section 278 of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, concerning the clarification of tax treatment of certain loan forgiveness and other business financial assistance. (B) Amounts excluded under this subdivision (b)(33) are includable in the adjustments specified in § 26-51-427(2) . (C) The Department of Finance and Administration may provide an exception from any requirement to file an information return with respect to any amount excluded from gross income under this subdivision (b)(33); (34) (A) Payments received under the Coronavirus Food Assistance Program 1 or Coronavirus Food Assistance Program 2, described in 7 C.F.R. Part 9, as it existed on January 19, 2021, or under any successor program or programs. (B) A tax deduction or a basis increase shall not be denied as a result of the exclusion from gross income provided in subdivision (b)(34)(A) of this section. (C) Amounts excluded under this subdivision (b)(34) are includable in the adjustments specified in § 26-51-427(2) . (D) The department may provide an exception from any requirement to file an information return with respect to any amount excluded from gross income under this subdivision (b)(34); and (35) (A) For a person that is subject to the tax imposed under this chapter and that is a member of an affected business entity, an amount equal to the product of: (i) The income subject to the tax paid under the Elective Pass-Through Entity Tax Act, § 26-65-101 et seq., by an affected business entity of which the person is a member; and (ii) The person's pro rata interest, as reported to the secretary under § 26-65-108 , in the affected business entity of which the person is a member. (B) (i) (a) A person that is subject to the tax imposed under this chapter as a resident or part-year resident and that is a member of an affected business entity may exclude from the taxable income subject to the tax imposed by this chapter the person's pro rata share of income subject to a tax paid to another state or the District of Columbia on income of any affected business entity of which the person is a member, if the taxes paid to the other state or the District of Columbia result from a tax that is substantially similar to the tax imposed under the Elective Pass-Through Entity Tax Act, § 26-65-101 et seq. (b) A tax is substantially similar to the tax imposed under the Elective Pass-Through Entity Tax Act, § 26-65-101 et seq., if it is levied on the aggregate taxable income of each of the persons that have an ownership interest in an entity that is engaged in business for profit. (ii) The amount excluded under this subdivision (b)(35) shall be calculated in a manner established by the secretary, which shall be consistent with § 26-51-504 . (C) With respect to a company that is a member of an affected business entity, the amount excluded under this subdivision (b)(35) is applied after all other applicable exclusions under this chapter and is not subject to any limits otherwise imposed by law. (D) The exclusion under this subdivision (b)(35) does not apply to taxes imposed under the Arkansas Income Tax Withholding Act of 1965, § 26-51-901 et seq. (E) As used in this subdivision (b)(35), "affected business entity" and "member" mean the same as defined in § 26-65-102 . Amended by Act 2021EX2, No. 2,§ 8, eff. 12/9/2021. Amended by Act 2021EX2, No. 1,§ 8, eff. 12/9/2021. Amended by Act 2021, No. 362,§ 1, eff. for tax years beginning on or after 1/1/2022.. Amended by Act 2021EX2, No. 2,§ 8, eff. 12/9/2021. Amended by Act 2021EX2, No. 1,§ 8, eff. 12/9/2021. Amended by Act 2021, No. 248,§ 2, eff. for tax years beginning on or after 1/1/2019.. Amended by Act 2021, No. 154,§ 2, eff. 3/1/2021. Amended by Act 2021, No. 154,§ 1, eff. 3/1/2021. Amended by Act 2019, No. 910,§ 3712, eff. 7/1/2019. Amended by Act 2019, No. 870,§ 2, eff. for tax years beginning on or after 1/1/2019. Amended by Act 2019, No. 870,§ 1, eff. for tax years beginning on or after 1/1/2019. Amended by Act 2017, No. 141,§ 5, eff. for tax years beginning on and after 1/1/2018. Amended by Act 2017, No. 141,§ 4, eff. for tax years beginning on and after 1/1/2018. Amended by Act 2017, No. 884,§ 15, eff. 8/1/2017. Amended by Act 2015, No. 580,§ 14, eff. for tax years beginning on or after January 1, 2014. Amended by Act 2015, No. 580,§ 13, eff. for tax years beginning on or after January 1, 2014. Amended by Act 2013, No. 1254,§ 4, eff. 8/16/2013, op. for tax years beginning on or after 1/1/2013. Amended by Act 2013, No. 1254,§ 3, eff. 8/16/2013, op. for tax years beginning on or after 1/1/2013. Amended by Act 2013, No. 1254,§ 2, eff. 8/16/2013, op. for tax years beginning on or after 1/1/2013. Amended by Act 2013, No. 1254,§ 1, eff. 8/16/2013, op. for tax years beginning on or after 1/1/2013. Acts 1929, No. 118, Art. 3, § 8; Pope's Dig., § 14031; Acts 1939, No. 324, § 1; 1941, No. 129, § 6; 1953, No. 230, § 1; 1957, No. 144, §§ 1, 2; 1965, No. 570, § 1; 1967, No. 222, § 1; 1969, No. 462, § 1; 1971, No. 226, § 2; 1975, No. 683, § 1; 1977, No. 898, § 2; 1981, No. 817, § 1; 1981, No. 914, § 3; 1983, No. 379, §§ 3, 6; 1985, No. 486, § 5; A.S.A. 1947, § 84-2008; Acts 1987, No. 382, §§ 4, 7-11, 32; 1987 (1st Ex. Sess.), No. 48, § 1; 1989, No. 826, §§ 9, 10, 18-21; 1995, No. 560, § 1; 1995, No. 732, § 1; 1995, No. 1160, §§ 8, 10, 11; 1995, No. 1303, § 4; 1997, No. 328, § 7; 1997, No. 951, §§ 3-5, 6, 22, 23; 1997, No. 1189, § 1; 1999, No. 1126, §§ 16-23; 1999, No. 1217, § 10; 2001, No. 773, § 3; 2003, No. 663, §§ 2-6; 2005, No. 94, §§ 2, 3; 2005, No. 189, § 2; 2005, No. 675, §§ 2-5; 2007, No. 196, § 1; 2007, No. 218, §§ 16, 17; 2009, No. 372, §§ 4-9; 2011, No. 787, §§ 9-14. Subdivisions (b)(31) and (b)(32) were added byAct 2021, No. 248 effective for tax years begining on or after January1, 2019.

(a) (1) "Gross income" includes: (A) Gains, profits, and income derived from salaries, wages, or compensation for personal service of whatever kind and in whatever form paid; (B) Gains, profits, and income derived from professions, vocations, trades, business, commerce, or sales; (C) Gains, profits, and income derived from dealings in property, whether real or personal, growing out of the ownership of, use of, or interest in the property; (D) Gains, profits, and income derived from interest, rent, royalties, dividends, annuities, securities, or the transaction of any business carried on for gain or profit; (E) Gains or profits and income derived from any source whatever; (F) Any payments of alimony and separate maintenance received pursuant to a court order; (G) Except as provided in subdivision (b)(31) of this section, unemployment compensation benefits paid from federal unemployment funds; and (H) Except as provided in subdivision (b)(32) of this section, unemployment insurance benefits received from unemployment compensation paid under Title IV of the Social Security Act, 42 U.S.C. § 601 et seq., except for unemployment or sickness payments made pursuant to 45 U.S.C. § 352 , as it existed on January 1, 2017. (2) The amount of all such items shall be included in the gross income of the taxable year in which received by the taxpayer. (3) Any recovery of an amount which was deducted from gross income in a prior year must be treated as taxable income in the year recovered to the extent that the deduction resulted in a reduction in income tax liability. (4) Title 26 U.S.C. § 117 , as in effect on January 2, 2017, regarding the taxability of scholarships, fellowships, grants, and stipends, is adopted for the purpose of clarifying and calculating Arkansas income tax liability.

(1) "Gross income" includes: (A) Gains, profits, and income derived from salaries, wages, or compensation for personal service of whatever kind and in whatever form paid; (B) Gains, profits, and income derived from professions, vocations, trades, business, commerce, or sales; (C) Gains, profits, and income derived from dealings in property, whether real or personal, growing out of the ownership of, use of, or interest in the property; (D) Gains, profits, and income derived from interest, rent, royalties, dividends, annuities, securities, or the transaction of any business carried on for gain or profit; (E) Gains or profits and income derived from any source whatever; (F) Any payments of alimony and separate maintenance received pursuant to a court order; (G) Except as provided in subdivision (b)(31) of this section, unemployment compensation benefits paid from federal unemployment funds; and (H) Except as provided in subdivision (b)(32) of this section, unemployment insurance benefits received from unemployment compensation paid under Title IV of the Social Security Act, 42 U.S.C. § 601 et seq., except for unemployment or sickness payments made pursuant to 45 U.S.C. § 352 , as it existed on January 1, 2017.

(A) Gains, profits, and income derived from salaries, wages, or compensation for personal service of whatever kind and in whatever form paid;

(B) Gains, profits, and income derived from professions, vocations, trades, business, commerce, or sales;

(C) Gains, profits, and income derived from dealings in property, whether real or personal, growing out of the ownership of, use of, or interest in the property;

(D) Gains, profits, and income derived from interest, rent, royalties, dividends, annuities, securities, or the transaction of any business carried on for gain or profit;

(E) Gains or profits and income derived from any source whatever;

(F) Any payments of alimony and separate maintenance received pursuant to a court order;

(G) Except as provided in subdivision (b)(31) of this section, unemployment compensation benefits paid from federal unemployment funds; and

(H) Except as provided in subdivision (b)(32) of this section, unemployment insurance benefits received from unemployment compensation paid under Title IV of the Social Security Act, 42 U.S.C. § 601 et seq., except for unemployment or sickness payments made pursuant to 45 U.S.C. § 352 , as it existed on January 1, 2017.

(2) The amount of all such items shall be included in the gross income of the taxable year in which received by the taxpayer.

(3) Any recovery of an amount which was deducted from gross income in a prior year must be treated as taxable income in the year recovered to the extent that the deduction resulted in a reduction in income tax liability.

(4) Title 26 U.S.C. § 117 , as in effect on January 2, 2017, regarding the taxability of scholarships, fellowships, grants, and stipends, is adopted for the purpose of clarifying and calculating Arkansas income tax liability.

(b) "Gross income" does not include the following items, which shall be exempt from taxation under the Income Tax Act of 1929, § 26-51-101 et seq.: (1) Title 26 U.S.C. § 1033 , as in effect on January 1, 2009, relating to the exclusion from gross income of gain resulting from the involuntary conversion of a taxpayer's property, is adopted for the purpose of computing Arkansas income tax liability; (2) Title 26 U.S.C. § 121 , as in effect on January 1, 2009, relating to the exclusion from gross income of gain from the sale or exchange of property owned and used as the taxpayer's principal residence, is adopted for the purpose of computing Arkansas income tax liability; (3) Title 26 U.S.C. § 101 , as in effect on January 1, 2007, relating to the exclusion from gross income of proceeds or benefits paid upon the illness or death of the insured, is hereby adopted for the purpose of computing Arkansas income tax liability; (4) The value of property acquired by gift, bequest, devise, or descent, but the income from such property shall be included in gross income; (5) Interest upon obligations of the United States or its possessions or upon obligations of the State of Arkansas or any political subdivision of the State of Arkansas; (6) Any: (A) Amounts received through accident or health insurance or under workers' compensation acts as compensation for personal injuries or sickness, plus the amount of any damages received, whether by suit or agreement, on account of such injuries or sickness; or (B) Social Security payments, railroad retirement benefits, and unemployment insurance benefits received from the railroad retirement boards; (7) (A) Income from domestic corporations when earned from sources without the state, and these sources shall be defined to mean places of manufacture or production and places of merchandising. (B) When books of account do not clearly and accurately reflect the income earned from sources without the state, the Arkansas income shall be determined by processes or formulas of general apportionment prescribed by the Secretary of the Department of Finance and Administration and approved by the Governor; (8) Dividends received by a corporation doing business within this state from a subsidiary if at least eighty percent (80%) of the subsidiary's capital stock is owned by a corporation doing business within this state; (9) In the case of an ordained, commissioned, or licensed minister of a recognized church, 26 U.S.C. § 107 , as in effect on January 2, 2013, regarding the rental value of parsonages, is adopted for the purpose of computing Arkansas income tax liability; (10) Title 26 U.S.C. §§ 108 and 1017 , as in effect on January 1, 2019, regarding income from the discharge of indebtedness, are adopted for the purpose of computing Arkansas income tax liability; (11) Title 26 U.S.C. § 125 , as in effect on January 1, 2011, is adopted in computing amounts excludible from gross income under the Income Tax Act of 1929, § 26-51-101 et seq., for payments received under a cafeteria plan; (12) (A) Title 26 U.S.C. § 129 , as in effect on January 1, 2005, regarding the exclusion from income for dependent care assistance, is adopted for the purpose of computing Arkansas income tax liability. (B) However, no amounts excluded from gross income pursuant to subdivision (b)(12)(A) of this section shall be taken into account in computing the dependent care credit contained in § 26-51-502 ; (13) Title 26 U.S.C. § 79 , as in effect on January 1, 1989, regarding the exclusion from income for group term life insurance is hereby adopted for the purpose of computing Arkansas income tax liability; (14) The following sections of the Internal Revenue Code, 26 U.S.C. § 1 et seq., regarding the exclusion from income of disability and health plan payments, are adopted for the purpose of computing Arkansas income tax liability: (A) Title 26 U.S.C. §§ 104 and 106 , as in effect on January 1, 2011; and (B) Title 26 U.S.C. § 105 , as in effect on January 1, 2017; (15) Title 26 U.S.C. § 82 , as in effect on January 1, 1995, regarding the inclusion in gross income of moving expense reimbursements, is adopted for the purpose of computing Arkansas income tax liability; (16) Title 26 U.S.C. § 119 , as in effect on January 1, 1999, regarding the exclusion from gross income of meals or lodging furnished for the convenience of the employer, is adopted for the purpose of computing Arkansas income tax liability; (17) Title 26 U.S.C. § 126 , as in effect on January 1, 1995, regarding the exclusion from gross income of certain cost-sharing payments, is adopted for the purpose of computing Arkansas income tax liability; (18) Title 26 U.S.C. § 131 , as in effect on January 1, 2003, regarding the exclusion from gross income of amounts received by a foster care provider as qualified foster care payments, is adopted for the purpose of computing Arkansas income tax liability; (19) Title 26 U.S.C. § 132 , as in effect on January 1, 2017, regarding the exclusion from income of certain fringe benefits, is adopted for the purpose of computing Arkansas income tax liability; (20) Title 26 U.S.C. § 127 , as in effect on January 1, 2017, regarding the exclusion from gross income for employees whose education expenses were paid by an employer, is adopted for the purpose of computing Arkansas income tax liability; (21) Interest or dividends earned or capital gains recognized on a long-term intergenerational security trust created pursuant to this subchapter, except as provided in this subchapter; (22) Interest or dividends earned on an individual development account and matching funds deposited into an individual development account pursuant to the Family Savings Initiative Act, § 20-86-101 et seq.; (23) Title 26 U.S.C. § 138 , as in effect on January 1, 1999, regarding a pilot program permitting eligible senior citizens to establish Medicare Plus Choice medical savings accounts, is adopted for the purpose of computing Arkansas income tax liability; (24) (A) Title 26 U.S.C. § 72 , as in effect on January 1, 2007, relating to the exclusion from gross income of certain proceeds received under life insurance, endowment, and annuity contracts, is adopted for the purpose of computing Arkansas income tax liability. (B) (i) Annuity income received through an employment-related retirement plan shall not be subject to the provisions of this subsection. (ii) The income shall instead be subject to the retirement income provisions of § 26-51-307 ; (25) Title 26 U.S.C. § 137 , as in effect on January 2, 2013, regarding the exclusion from gross income of benefits received under an employer's adoption assistance program, is adopted for the purpose of computing Arkansas income tax liability; (26) Contributions by an employer to an employee's health savings account within the limitations established in § 26-51-453 shall not be included in the employee's gross income; (27) Title 26 U.S.C. § 134 , as in effect on January 1, 2009, regarding the exclusion from income of qualified military benefits provided to members of the United States Armed Forces, is adopted for the purpose of computing Arkansas income tax liability; (28) Title 26 U.S.C. § 408(d)(8) as in effect on January 1, 2007, relating to tax-free distributions from individual retirement plans for charitable purposes for taxable years 2006 and 2007, is adopted for the purpose of computing Arkansas income tax liability; (29) Child support payments shall not be included in the gross income of the recipient; (30) Title 26 U.S.C. § 118 , as in effect on January 1, 2019, regarding the recognition or nonrecognition of income for contributions to capital, is adopted for the purpose of computing Arkansas income tax liability; (31) Unemployment compensation benefits paid from federal unemployment funds for calendar year 2020 or 2021; (32) Unemployment insurance benefits described in subdivision (a)(1)(H) of this section and paid for calendar year 2020 or 2021; (33) (A) The following, which are adopted for purposes of computing Arkansas income tax liability: (i) Title 15 U.S.C. § 636A(i) , as in effect on January 1, 2021, after the redesignation provided by § 304(b) of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, and the amendment provided by § 276(a) of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, regarding the Paycheck Protection Program loan forgiveness; (ii) Section 276(b) of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, regarding subsequent Paycheck Protection Program loan forgiveness; (iii) Section 277 of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, concerning the tax treatment of certain emergency financial aid grants; and (iv) Section 278 of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, concerning the clarification of tax treatment of certain loan forgiveness and other business financial assistance. (B) Amounts excluded under this subdivision (b)(33) are includable in the adjustments specified in § 26-51-427(2) . (C) The Department of Finance and Administration may provide an exception from any requirement to file an information return with respect to any amount excluded from gross income under this subdivision (b)(33); (34) (A) Payments received under the Coronavirus Food Assistance Program 1 or Coronavirus Food Assistance Program 2, described in 7 C.F.R. Part 9, as it existed on January 19, 2021, or under any successor program or programs. (B) A tax deduction or a basis increase shall not be denied as a result of the exclusion from gross income provided in subdivision (b)(34)(A) of this section. (C) Amounts excluded under this subdivision (b)(34) are includable in the adjustments specified in § 26-51-427(2) . (D) The department may provide an exception from any requirement to file an information return with respect to any amount excluded from gross income under this subdivision (b)(34); and (35) (A) For a person that is subject to the tax imposed under this chapter and that is a member of an affected business entity, an amount equal to the product of: (i) The income subject to the tax paid under the Elective Pass-Through Entity Tax Act, § 26-65-101 et seq., by an affected business entity of which the person is a member; and (ii) The person's pro rata interest, as reported to the secretary under § 26-65-108 , in the affected business entity of which the person is a member. (B) (i) (a) A person that is subject to the tax imposed under this chapter as a resident or part-year resident and that is a member of an affected business entity may exclude from the taxable income subject to the tax imposed by this chapter the person's pro rata share of income subject to a tax paid to another state or the District of Columbia on income of any affected business entity of which the person is a member, if the taxes paid to the other state or the District of Columbia result from a tax that is substantially similar to the tax imposed under the Elective Pass-Through Entity Tax Act, § 26-65-101 et seq. (b) A tax is substantially similar to the tax imposed under the Elective Pass-Through Entity Tax Act, § 26-65-101 et seq., if it is levied on the aggregate taxable income of each of the persons that have an ownership interest in an entity that is engaged in business for profit. (ii) The amount excluded under this subdivision (b)(35) shall be calculated in a manner established by the secretary, which shall be consistent with § 26-51-504 . (C) With respect to a company that is a member of an affected business entity, the amount excluded under this subdivision (b)(35) is applied after all other applicable exclusions under this chapter and is not subject to any limits otherwise imposed by law. (D) The exclusion under this subdivision (b)(35) does not apply to taxes imposed under the Arkansas Income Tax Withholding Act of 1965, § 26-51-901 et seq. (E) As used in this subdivision (b)(35), "affected business entity" and "member" mean the same as defined in § 26-65-102 .

(1) Title 26 U.S.C. § 1033 , as in effect on January 1, 2009, relating to the exclusion from gross income of gain resulting from the involuntary conversion of a taxpayer's property, is adopted for the purpose of computing Arkansas income tax liability;

(2) Title 26 U.S.C. § 121 , as in effect on January 1, 2009, relating to the exclusion from gross income of gain from the sale or exchange of property owned and used as the taxpayer's principal residence, is adopted for the purpose of computing Arkansas income tax liability;

(3) Title 26 U.S.C. § 101 , as in effect on January 1, 2007, relating to the exclusion from gross income of proceeds or benefits paid upon the illness or death of the insured, is hereby adopted for the purpose of computing Arkansas income tax liability;

(4) The value of property acquired by gift, bequest, devise, or descent, but the income from such property shall be included in gross income;

(5) Interest upon obligations of the United States or its possessions or upon obligations of the State of Arkansas or any political subdivision of the State of Arkansas;

(6) Any: (A) Amounts received through accident or health insurance or under workers' compensation acts as compensation for personal injuries or sickness, plus the amount of any damages received, whether by suit or agreement, on account of such injuries or sickness; or (B) Social Security payments, railroad retirement benefits, and unemployment insurance benefits received from the railroad retirement boards;

(A) Amounts received through accident or health insurance or under workers' compensation acts as compensation for personal injuries or sickness, plus the amount of any damages received, whether by suit or agreement, on account of such injuries or sickness; or

(B) Social Security payments, railroad retirement benefits, and unemployment insurance benefits received from the railroad retirement boards;

(7) (A) Income from domestic corporations when earned from sources without the state, and these sources shall be defined to mean places of manufacture or production and places of merchandising. (B) When books of account do not clearly and accurately reflect the income earned from sources without the state, the Arkansas income shall be determined by processes or formulas of general apportionment prescribed by the Secretary of the Department of Finance and Administration and approved by the Governor;

(A) Income from domestic corporations when earned from sources without the state, and these sources shall be defined to mean places of manufacture or production and places of merchandising.

(B) When books of account do not clearly and accurately reflect the income earned from sources without the state, the Arkansas income shall be determined by processes or formulas of general apportionment prescribed by the Secretary of the Department of Finance and Administration and approved by the Governor;

(8) Dividends received by a corporation doing business within this state from a subsidiary if at least eighty percent (80%) of the subsidiary's capital stock is owned by a corporation doing business within this state;

(9) In the case of an ordained, commissioned, or licensed minister of a recognized church, 26 U.S.C. § 107 , as in effect on January 2, 2013, regarding the rental value of parsonages, is adopted for the purpose of computing Arkansas income tax liability;

(10) Title 26 U.S.C. §§ 108 and 1017 , as in effect on January 1, 2019, regarding income from the discharge of indebtedness, are adopted for the purpose of computing Arkansas income tax liability;

(11) Title 26 U.S.C. § 125 , as in effect on January 1, 2011, is adopted in computing amounts excludible from gross income under the Income Tax Act of 1929, § 26-51-101 et seq., for payments received under a cafeteria plan;

(12) (A) Title 26 U.S.C. § 129 , as in effect on January 1, 2005, regarding the exclusion from income for dependent care assistance, is adopted for the purpose of computing Arkansas income tax liability. (B) However, no amounts excluded from gross income pursuant to subdivision (b)(12)(A) of this section shall be taken into account in computing the dependent care credit contained in § 26-51-502 ;

(A) Title 26 U.S.C. § 129 , as in effect on January 1, 2005, regarding the exclusion from income for dependent care assistance, is adopted for the purpose of computing Arkansas income tax liability.

(B) However, no amounts excluded from gross income pursuant to subdivision (b)(12)(A) of this section shall be taken into account in computing the dependent care credit contained in § 26-51-502 ;

(13) Title 26 U.S.C. § 79 , as in effect on January 1, 1989, regarding the exclusion from income for group term life insurance is hereby adopted for the purpose of computing Arkansas income tax liability;

(14) The following sections of the Internal Revenue Code, 26 U.S.C. § 1 et seq., regarding the exclusion from income of disability and health plan payments, are adopted for the purpose of computing Arkansas income tax liability: (A) Title 26 U.S.C. §§ 104 and 106 , as in effect on January 1, 2011; and (B) Title 26 U.S.C. § 105 , as in effect on January 1, 2017;

(A) Title 26 U.S.C. §§ 104 and 106 , as in effect on January 1, 2011; and

(B) Title 26 U.S.C. § 105 , as in effect on January 1, 2017;

(15) Title 26 U.S.C. § 82 , as in effect on January 1, 1995, regarding the inclusion in gross income of moving expense reimbursements, is adopted for the purpose of computing Arkansas income tax liability;

(16) Title 26 U.S.C. § 119 , as in effect on January 1, 1999, regarding the exclusion from gross income of meals or lodging furnished for the convenience of the employer, is adopted for the purpose of computing Arkansas income tax liability;

(17) Title 26 U.S.C. § 126 , as in effect on January 1, 1995, regarding the exclusion from gross income of certain cost-sharing payments, is adopted for the purpose of computing Arkansas income tax liability;

(18) Title 26 U.S.C. § 131 , as in effect on January 1, 2003, regarding the exclusion from gross income of amounts received by a foster care provider as qualified foster care payments, is adopted for the purpose of computing Arkansas income tax liability;

(19) Title 26 U.S.C. § 132 , as in effect on January 1, 2017, regarding the exclusion from income of certain fringe benefits, is adopted for the purpose of computing Arkansas income tax liability;

(20) Title 26 U.S.C. § 127 , as in effect on January 1, 2017, regarding the exclusion from gross income for employees whose education expenses were paid by an employer, is adopted for the purpose of computing Arkansas income tax liability;

(21) Interest or dividends earned or capital gains recognized on a long-term intergenerational security trust created pursuant to this subchapter, except as provided in this subchapter;

(22) Interest or dividends earned on an individual development account and matching funds deposited into an individual development account pursuant to the Family Savings Initiative Act, § 20-86-101 et seq.;

(23) Title 26 U.S.C. § 138 , as in effect on January 1, 1999, regarding a pilot program permitting eligible senior citizens to establish Medicare Plus Choice medical savings accounts, is adopted for the purpose of computing Arkansas income tax liability;

(24) (A) Title 26 U.S.C. § 72 , as in effect on January 1, 2007, relating to the exclusion from gross income of certain proceeds received under life insurance, endowment, and annuity contracts, is adopted for the purpose of computing Arkansas income tax liability. (B) (i) Annuity income received through an employment-related retirement plan shall not be subject to the provisions of this subsection. (ii) The income shall instead be subject to the retirement income provisions of § 26-51-307 ;

(A) Title 26 U.S.C. § 72 , as in effect on January 1, 2007, relating to the exclusion from gross income of certain proceeds received under life insurance, endowment, and annuity contracts, is adopted for the purpose of computing Arkansas income tax liability.

(B) (i) Annuity income received through an employment-related retirement plan shall not be subject to the provisions of this subsection. (ii) The income shall instead be subject to the retirement income provisions of § 26-51-307 ;

(i) Annuity income received through an employment-related retirement plan shall not be subject to the provisions of this subsection.

(ii) The income shall instead be subject to the retirement income provisions of § 26-51-307 ;

(25) Title 26 U.S.C. § 137 , as in effect on January 2, 2013, regarding the exclusion from gross income of benefits received under an employer's adoption assistance program, is adopted for the purpose of computing Arkansas income tax liability;

(26) Contributions by an employer to an employee's health savings account within the limitations established in § 26-51-453 shall not be included in the employee's gross income;

(27) Title 26 U.S.C. § 134 , as in effect on January 1, 2009, regarding the exclusion from income of qualified military benefits provided to members of the United States Armed Forces, is adopted for the purpose of computing Arkansas income tax liability;

(28) Title 26 U.S.C. § 408(d)(8) as in effect on January 1, 2007, relating to tax-free distributions from individual retirement plans for charitable purposes for taxable years 2006 and 2007, is adopted for the purpose of computing Arkansas income tax liability;

(29) Child support payments shall not be included in the gross income of the recipient;

(30) Title 26 U.S.C. § 118 , as in effect on January 1, 2019, regarding the recognition or nonrecognition of income for contributions to capital, is adopted for the purpose of computing Arkansas income tax liability;

(31) Unemployment compensation benefits paid from federal unemployment funds for calendar year 2020 or 2021;

(32) Unemployment insurance benefits described in subdivision (a)(1)(H) of this section and paid for calendar year 2020 or 2021;

(33) (A) The following, which are adopted for purposes of computing Arkansas income tax liability: (i) Title 15 U.S.C. § 636A(i) , as in effect on January 1, 2021, after the redesignation provided by § 304(b) of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, and the amendment provided by § 276(a) of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, regarding the Paycheck Protection Program loan forgiveness; (ii) Section 276(b) of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, regarding subsequent Paycheck Protection Program loan forgiveness; (iii) Section 277 of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, concerning the tax treatment of certain emergency financial aid grants; and (iv) Section 278 of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, concerning the clarification of tax treatment of certain loan forgiveness and other business financial assistance. (B) Amounts excluded under this subdivision (b)(33) are includable in the adjustments specified in § 26-51-427(2) . (C) The Department of Finance and Administration may provide an exception from any requirement to file an information return with respect to any amount excluded from gross income under this subdivision (b)(33);

(A) The following, which are adopted for purposes of computing Arkansas income tax liability: (i) Title 15 U.S.C. § 636A(i) , as in effect on January 1, 2021, after the redesignation provided by § 304(b) of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, and the amendment provided by § 276(a) of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, regarding the Paycheck Protection Program loan forgiveness; (ii) Section 276(b) of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, regarding subsequent Paycheck Protection Program loan forgiveness; (iii) Section 277 of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, concerning the tax treatment of certain emergency financial aid grants; and (iv) Section 278 of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, concerning the clarification of tax treatment of certain loan forgiveness and other business financial assistance.

(i) Title 15 U.S.C. § 636A(i) , as in effect on January 1, 2021, after the redesignation provided by § 304(b) of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, and the amendment provided by § 276(a) of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, regarding the Paycheck Protection Program loan forgiveness;

(ii) Section 276(b) of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, regarding subsequent Paycheck Protection Program loan forgiveness;

(iii) Section 277 of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, concerning the tax treatment of certain emergency financial aid grants; and

(iv) Section 278 of the Consolidated Appropriations Act, 2021, Pub. L. No. 116-260, concerning the clarification of tax treatment of certain loan forgiveness and other business financial assistance.

(B) Amounts excluded under this subdivision (b)(33) are includable in the adjustments specified in § 26-51-427(2) .

(C) The Department of Finance and Administration may provide an exception from any requirement to file an information return with respect to any amount excluded from gross income under this subdivision (b)(33);

(34) (A) Payments received under the Coronavirus Food Assistance Program 1 or Coronavirus Food Assistance Program 2, described in 7 C.F.R. Part 9, as it existed on January 19, 2021, or under any successor program or programs. (B) A tax deduction or a basis increase shall not be denied as a result of the exclusion from gross income provided in subdivision (b)(34)(A) of this section. (C) Amounts excluded under this subdivision (b)(34) are includable in the adjustments specified in § 26-51-427(2) . (D) The department may provide an exception from any requirement to file an information return with respect to any amount excluded from gross income under this subdivision (b)(34); and

(A) Payments received under the Coronavirus Food Assistance Program 1 or Coronavirus Food Assistance Program 2, described in 7 C.F.R. Part 9, as it existed on January 19, 2021, or under any successor program or programs.

(B) A tax deduction or a basis increase shall not be denied as a result of the exclusion from gross income provided in subdivision (b)(34)(A) of this section.

(C) Amounts excluded under this subdivision (b)(34) are includable in the adjustments specified in § 26-51-427(2) .

(D) The department may provide an exception from any requirement to file an information return with respect to any amount excluded from gross income under this subdivision (b)(34); and

(35) (A) For a person that is subject to the tax imposed under this chapter and that is a member of an affected business entity, an amount equal to the product of: (i) The income subject to the tax paid under the Elective Pass-Through Entity Tax Act, § 26-65-101 et seq., by an affected business entity of which the person is a member; and (ii) The person's pro rata interest, as reported to the secretary under § 26-65-108 , in the affected business entity of which the person is a member. (B) (i) (a) A person that is subject to the tax imposed under this chapter as a resident or part-year resident and that is a member of an affected business entity may exclude from the taxable income subject to the tax imposed by this chapter the person's pro rata share of income subject to a tax paid to another state or the District of Columbia on income of any affected business entity of which the person is a member, if the taxes paid to the other state or the District of Columbia result from a tax that is substantially similar to the tax imposed under the Elective Pass-Through Entity Tax Act, § 26-65-101 et seq. (b) A tax is substantially similar to the tax imposed under the Elective Pass-Through Entity Tax Act, § 26-65-101 et seq., if it is levied on the aggregate taxable income of each of the persons that have an ownership interest in an entity that is engaged in business for profit. (ii) The amount excluded under this subdivision (b)(35) shall be calculated in a manner established by the secretary, which shall be consistent with § 26-51-504 . (C) With respect to a company that is a member of an affected business entity, the amount excluded under this subdivision (b)(35) is applied after all other applicable exclusions under this chapter and is not subject to any limits otherwise imposed by law. (D) The exclusion under this subdivision (b)(35) does not apply to taxes imposed under the Arkansas Income Tax Withholding Act of 1965, § 26-51-901 et seq. (E) As used in this subdivision (b)(35), "affected business entity" and "member" mean the same as defined in § 26-65-102 .

(A) For a person that is subject to the tax imposed under this chapter and that is a member of an affected business entity, an amount equal to the product of: (i) The income subject to the tax paid under the Elective Pass-Through Entity Tax Act, § 26-65-101 et seq., by an affected business entity of which the person is a member; and (ii) The person's pro rata interest, as reported to the secretary under § 26-65-108 , in the affected business entity of which the person is a member.

(i) The income subject to the tax paid under the Elective Pass-Through Entity Tax Act, § 26-65-101 et seq., by an affected business entity of which the person is a member; and

(ii) The person's pro rata interest, as reported to the secretary under § 26-65-108 , in the affected business entity of which the person is a member.

(B) (i) (a) A person that is subject to the tax imposed under this chapter as a resident or part-year resident and that is a member of an affected business entity may exclude from the taxable income subject to the tax imposed by this chapter the person's pro rata share of income subject to a tax paid to another state or the District of Columbia on income of any affected business entity of which the person is a member, if the taxes paid to the other state or the District of Columbia result from a tax that is substantially similar to the tax imposed under the Elective Pass-Through Entity Tax Act, § 26-65-101 et seq. (b) A tax is substantially similar to the tax imposed under the Elective Pass-Through Entity Tax Act, § 26-65-101 et seq., if it is levied on the aggregate taxable income of each of the persons that have an ownership interest in an entity that is engaged in business for profit. (ii) The amount excluded under this subdivision (b)(35) shall be calculated in a manner established by the secretary, which shall be consistent with § 26-51-504 .

(i) (a) A person that is subject to the tax imposed under this chapter as a resident or part-year resident and that is a member of an affected business entity may exclude from the taxable income subject to the tax imposed by this chapter the person's pro rata share of income subject to a tax paid to another state or the District of Columbia on income of any affected business entity of which the person is a member, if the taxes paid to the other state or the District of Columbia result from a tax that is substantially similar to the tax imposed under the Elective Pass-Through Entity Tax Act, § 26-65-101 et seq. (b) A tax is substantially similar to the tax imposed under the Elective Pass-Through Entity Tax Act, § 26-65-101 et seq., if it is levied on the aggregate taxable income of each of the persons that have an ownership interest in an entity that is engaged in business for profit.

(a) A person that is subject to the tax imposed under this chapter as a resident or part-year resident and that is a member of an affected business entity may exclude from the taxable income subject to the tax imposed by this chapter the person's pro rata share of income subject to a tax paid to another state or the District of Columbia on income of any affected business entity of which the person is a member, if the taxes paid to the other state or the District of Columbia result from a tax that is substantially similar to the tax imposed under the Elective Pass-Through Entity Tax Act, § 26-65-101 et seq.

(b) A tax is substantially similar to the tax imposed under the Elective Pass-Through Entity Tax Act, § 26-65-101 et seq., if it is levied on the aggregate taxable income of each of the persons that have an ownership interest in an entity that is engaged in business for profit.

(ii) The amount excluded under this subdivision (b)(35) shall be calculated in a manner established by the secretary, which shall be consistent with § 26-51-504 .

(C) With respect to a company that is a member of an affected business entity, the amount excluded under this subdivision (b)(35) is applied after all other applicable exclusions under this chapter and is not subject to any limits otherwise imposed by law.

(D) The exclusion under this subdivision (b)(35) does not apply to taxes imposed under the Arkansas Income Tax Withholding Act of 1965, § 26-51-901 et seq.

(E) As used in this subdivision (b)(35), "affected business entity" and "member" mean the same as defined in § 26-65-102 .

Amended by Act 2021EX2, No. 2,§ 8, eff. 12/9/2021.

Amended by Act 2021EX2, No. 1,§ 8, eff. 12/9/2021.

Amended by Act 2021, No. 362,§ 1, eff. for tax years beginning on or after 1/1/2022..

Amended by Act 2021EX2, No. 2,§ 8, eff. 12/9/2021.

Amended by Act 2021EX2, No. 1,§ 8, eff. 12/9/2021.

Amended by Act 2021, No. 248,§ 2, eff. for tax years beginning on or after 1/1/2019..

Amended by Act 2021, No. 154,§ 2, eff. 3/1/2021.

Amended by Act 2021, No. 154,§ 1, eff. 3/1/2021.

Amended by Act 2019, No. 910,§ 3712, eff. 7/1/2019.

Amended by Act 2019, No. 870,§ 2, eff. for tax years beginning on or after 1/1/2019.

Amended by Act 2019, No. 870,§ 1, eff. for tax years beginning on or after 1/1/2019.

Amended by Act 2017, No. 141,§ 5, eff. for tax years beginning on and after 1/1/2018.

Amended by Act 2017, No. 141,§ 4, eff. for tax years beginning on and after 1/1/2018.

Amended by Act 2017, No. 884,§ 15, eff. 8/1/2017.

Amended by Act 2015, No. 580,§ 14, eff. for tax years beginning on or after January 1, 2014.

Amended by Act 2015, No. 580,§ 13, eff. for tax years beginning on or after January 1, 2014.

Amended by Act 2013, No. 1254,§ 4, eff. 8/16/2013, op. for tax years beginning on or after 1/1/2013.

Amended by Act 2013, No. 1254,§ 3, eff. 8/16/2013, op. for tax years beginning on or after 1/1/2013.

Amended by Act 2013, No. 1254,§ 2, eff. 8/16/2013, op. for tax years beginning on or after 1/1/2013.

Amended by Act 2013, No. 1254,§ 1, eff. 8/16/2013, op. for tax years beginning on or after 1/1/2013.

Acts 1929, No. 118, Art. 3, § 8; Pope's Dig., § 14031; Acts 1939, No. 324, § 1; 1941, No. 129, § 6; 1953, No. 230, § 1; 1957, No. 144, §§ 1, 2; 1965, No. 570, § 1; 1967, No. 222, § 1; 1969, No. 462, § 1; 1971, No. 226, § 2; 1975, No. 683, § 1; 1977, No. 898, § 2; 1981, No. 817, § 1; 1981, No. 914, § 3; 1983, No. 379, §§ 3, 6; 1985, No. 486, § 5; A.S.A. 1947, § 84-2008; Acts 1987, No. 382, §§ 4, 7-11, 32; 1987 (1st Ex. Sess.), No. 48, § 1; 1989, No. 826, §§ 9, 10, 18-21; 1995, No. 560, § 1; 1995, No. 732, § 1; 1995, No. 1160, §§ 8, 10, 11; 1995, No. 1303, § 4; 1997, No. 328, § 7; 1997, No. 951, §§ 3-5, 6, 22, 23; 1997, No. 1189, § 1; 1999, No. 1126, §§ 16-23; 1999, No. 1217, § 10; 2001, No. 773, § 3; 2003, No. 663, §§ 2-6; 2005, No. 94, §§ 2, 3; 2005, No. 189, § 2; 2005, No. 675, §§ 2-5; 2007, No. 196, § 1; 2007, No. 218, §§ 16, 17; 2009, No. 372, §§ 4-9; 2011, No. 787, §§ 9-14.

Subdivisions (b)(31) and (b)(32) were added byAct 2021, No. 248 effective for tax years begining on or after January1, 2019.
Ark. Code Ann. § 26-3-311 — AR Code / Title 26 / Chapter 3 / Subchapter 3 / Section 26-3-311
Motor vehicles leased by municipalities
Status: in_force

A motor vehicle that is subject to a lease of at least twelve (12) months by a city or town of this state is public property used exclusively for public purposes and is exempt from ad valorem taxation. Added by Act 2019, No. 610,§ 2, eff. 7/24/2019.

A motor vehicle that is subject to a lease of at least twelve (12) months by a city or town of this state is public property used exclusively for public purposes and is exempt from ad valorem taxation.

Added by Act 2019, No. 610,§ 2, eff. 7/24/2019.
Ark. Code Ann. § 26-51-1102 — AR Code / Title 26 / Chapter 51 / Subchapter 11 / Section 26-51-1102
Credit granted
Status: in_force

(a) (1) There is granted a credit against a taxpayer's Arkansas corporate income tax or Arkansas individual income tax for the following types of donations or sales, or both, of new machinery and equipment to a qualified educational institution in connection with a qualified education program or a qualified research program: (A) Donations of new machinery and equipment; (B) Sales below cost of machinery and equipment; and (C) Cash donations for the purchase of new machinery and equipment by a qualified educational institution. (2) The amount of the credit granted by this section shall be: (A) In the case of a donation, thirty-three percent (33%) of the cost of the machinery and equipment donated; (B) In the case of a sale below cost, thirty-three percent (33%) of the amount by which the cost is reduced; and (C) In the case of a cash donation, thirty-three percent (33%) of the amount of the cash donation used by the qualified educational institution to purchase new machinery and equipment from a wholesale, retail, or manufacturing business. (b) There is granted a credit against a taxpayer's Arkansas corporate income tax or Arkansas individual income tax equal to thirty-three percent (33%) of the qualified research expenditures of a taxpayer in qualified research programs. (c) (1) There is granted a credit against a taxpayer's Arkansas corporate income tax or Arkansas individual income tax equal to thirty-three percent (33%) of a donation made to an accredited institution of higher education to support a research park authority. (2) In order to claim this credit authorized by subdivision (c)(1) of this section, a donation made in support of a research park authority shall: (A) Be consistent with the research and development plan approved by the Director of the Arkansas Economic Development Commission with the advice of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission, as evidenced by a letter of support from the director; and (B) Support either directly or indirectly research subject to being funded by one (1) or more federal agencies, as enumerated in § 15-3-205(1) . Amended by Act 2019, No. 203,§ 4, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 633, eff. 7/1/2019. Amended by Act 2015EX1, No. 8,§ 119, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 119, eff. 7/1/2015. Acts 1985, No. 469, §§ 2, 3; 1985, No. 759, §§ 2, 3; A.S.A. 1947, §§ 84-2021.32, 84-2021.33; Acts 2007, No. 1045, § 3.

(a) (1) There is granted a credit against a taxpayer's Arkansas corporate income tax or Arkansas individual income tax for the following types of donations or sales, or both, of new machinery and equipment to a qualified educational institution in connection with a qualified education program or a qualified research program: (A) Donations of new machinery and equipment; (B) Sales below cost of machinery and equipment; and (C) Cash donations for the purchase of new machinery and equipment by a qualified educational institution. (2) The amount of the credit granted by this section shall be: (A) In the case of a donation, thirty-three percent (33%) of the cost of the machinery and equipment donated; (B) In the case of a sale below cost, thirty-three percent (33%) of the amount by which the cost is reduced; and (C) In the case of a cash donation, thirty-three percent (33%) of the amount of the cash donation used by the qualified educational institution to purchase new machinery and equipment from a wholesale, retail, or manufacturing business.

(1) There is granted a credit against a taxpayer's Arkansas corporate income tax or Arkansas individual income tax for the following types of donations or sales, or both, of new machinery and equipment to a qualified educational institution in connection with a qualified education program or a qualified research program: (A) Donations of new machinery and equipment; (B) Sales below cost of machinery and equipment; and (C) Cash donations for the purchase of new machinery and equipment by a qualified educational institution.

(A) Donations of new machinery and equipment;

(B) Sales below cost of machinery and equipment; and

(C) Cash donations for the purchase of new machinery and equipment by a qualified educational institution.

(2) The amount of the credit granted by this section shall be: (A) In the case of a donation, thirty-three percent (33%) of the cost of the machinery and equipment donated; (B) In the case of a sale below cost, thirty-three percent (33%) of the amount by which the cost is reduced; and (C) In the case of a cash donation, thirty-three percent (33%) of the amount of the cash donation used by the qualified educational institution to purchase new machinery and equipment from a wholesale, retail, or manufacturing business.

(A) In the case of a donation, thirty-three percent (33%) of the cost of the machinery and equipment donated;

(B) In the case of a sale below cost, thirty-three percent (33%) of the amount by which the cost is reduced; and

(C) In the case of a cash donation, thirty-three percent (33%) of the amount of the cash donation used by the qualified educational institution to purchase new machinery and equipment from a wholesale, retail, or manufacturing business.

(b) There is granted a credit against a taxpayer's Arkansas corporate income tax or Arkansas individual income tax equal to thirty-three percent (33%) of the qualified research expenditures of a taxpayer in qualified research programs.

(c) (1) There is granted a credit against a taxpayer's Arkansas corporate income tax or Arkansas individual income tax equal to thirty-three percent (33%) of a donation made to an accredited institution of higher education to support a research park authority. (2) In order to claim this credit authorized by subdivision (c)(1) of this section, a donation made in support of a research park authority shall: (A) Be consistent with the research and development plan approved by the Director of the Arkansas Economic Development Commission with the advice of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission, as evidenced by a letter of support from the director; and (B) Support either directly or indirectly research subject to being funded by one (1) or more federal agencies, as enumerated in § 15-3-205(1) .

(1) There is granted a credit against a taxpayer's Arkansas corporate income tax or Arkansas individual income tax equal to thirty-three percent (33%) of a donation made to an accredited institution of higher education to support a research park authority.

(2) In order to claim this credit authorized by subdivision (c)(1) of this section, a donation made in support of a research park authority shall: (A) Be consistent with the research and development plan approved by the Director of the Arkansas Economic Development Commission with the advice of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission, as evidenced by a letter of support from the director; and (B) Support either directly or indirectly research subject to being funded by one (1) or more federal agencies, as enumerated in § 15-3-205(1) .

(A) Be consistent with the research and development plan approved by the Director of the Arkansas Economic Development Commission with the advice of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission, as evidenced by a letter of support from the director; and

(B) Support either directly or indirectly research subject to being funded by one (1) or more federal agencies, as enumerated in § 15-3-205(1) .

Amended by Act 2019, No. 203,§ 4, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 633, eff. 7/1/2019.

Amended by Act 2015EX1, No. 8,§ 119, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 119, eff. 7/1/2015.

Acts 1985, No. 469, §§ 2, 3; 1985, No. 759, §§ 2, 3; A.S.A. 1947, §§ 84-2021.32, 84-2021.33; Acts 2007, No. 1045, § 3.
Ark. Code Ann. § 26-26-310-d-1 — AR Code / Title 26 / Chapter 26 / Subchapter 3 / Section 26-26-310-d-1
Arkansas Code of 1987 (2024) Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) Subtitle 3 - ADMINISTRATION OF LOCAL TAXES (§§ 26-23-201 — 26-28-308) Chapter 26 - ASSESSMENT OF TAXES (§§ 26-26-101 — 26-26-2001) Subchapter 3 - ADMINISTRATION GENERALLY (§§ 26-26-301 — 26-26-311) Section 26-26-310 - [Effective 90 days after sine die adjournment] Certification of amount of property tax reduction
Status: in_force

(a) (1) On or before March 31 of each year, the county collector of each county shall certify to the Chief Fiscal Officer of the State the amount of the real property tax reduction provided in § 26-26-1118 . (2) (A) After receipt of the certification from the county collectors, the Chief Fiscal Officer of the State shall determine the proportionate share of the total statewide reduction attributable to each county. (B) (i) At the end of each month, the Chief Fiscal Officer of the State shall determine the balance in the Property Tax Relief Trust Fund and certify it to the Treasurer of State. (ii) The Treasurer of State shall make distributions from the Property Tax Relief Trust Fund to each county treasurer in accordance with the county's proportionate share of the total statewide property tax reduction for that calendar year resulting from the provisions of § 26-26-1118 . (iii) (a) Effective January 1, 2006, the Treasurer of State shall make a monthly distribution from the Property Tax Relief Trust Fund to each county treasurer. (b) The distributions for January, February, and March shall be in accordance with the county's proportionate share of the total statewide property tax reduction as of the final county certification of the previous year. (c) Beginning in April of each year, the distribution from the Property Tax Relief Trust Fund to each county treasurer shall be in accordance with the county's proportionate share of the total statewide property tax reduction for that calendar year under § 26-26-1118 . (C) (i) If the Chief Fiscal Officer of the State has not received all of the certifications from the county collectors, then the distribution of the Property Tax Relief Trust Fund shall be as follows until all certifications have been received: (a) The total amount of the Property Tax Relief Trust Fund to be distributed shall equal the total amount in the Property Tax Relief Trust Fund multiplied by the proportion of the previous year's total property assessment, less tangible personal property and property owned by utilities and regulated carriers, of the counties that have certified, divided by the previous year's total property assessment, less tangible personal property and property owned by utilities and regulated carriers in the state; and (b) Each county that has certified its property tax reduction shall receive an amount of the Property Tax Relief Trust Fund, as adjusted in subdivision (a)(2)(C)(i) (a) of this section, equal to the county's proportionate share of the total property tax reduction of the counties that have certified their property tax reductions. (ii) However, until all counties have certified their property tax reductions to the Chief Fiscal Officer of the State, no county shall receive more than seventy-five percent (75%) of its certified property tax reduction. (3) (A) (i) Funds so received by the county treasurers shall be credited to the county property tax relief fund. (ii) Ninety-six percent (96%) of the funds shall be allocated and distributed to the various taxing entities within the county that levy ad valorem taxes. (iii) The allocation shall be based on a certification from the county collector of the amount of the real property tax reduction per taxing entity provided in § 26-26-1118 . (iv) (a) The four percent (4%) retained in the county property tax relief fund is the commission of the county collector as authorized under § 21-6-305(a)(4) . (b) This commission shall become a part of the total commission of the county collector. (v) These funds are subject to § 21-6-305(d) . (B) Funds so received by the various taxing units shall be used for the same purposes and in the same proportions as otherwise provided by law. (b) (1) Distributions to each county shall continue on a monthly basis from the Property Tax Relief Trust Fund until the full amount certified by the county collectors, as of November 15 of each year, has been paid. (2) (A) In no event shall the amount distributed to a county during a calendar year from the Property Tax Relief Trust Fund exceed the final amount certified by the county collector as of November 15 as the property tax reduction for that calendar year resulting from § 26-26-1118 . (B) If a county is paid in excess of its proportionate share, the Chief Fiscal Officer of the State may reduce payments made to the county for the subsequent calendar year until the overpayment is recovered. (C) (i) On or before December 31 of each year, the Chief Fiscal Officer of the State, in cooperation with the Legislative Council and the Legislative Auditor, shall determine that portion of the balance remaining in the Property Tax Relief Trust Fund that is in excess of the required reimbursement to the counties and shall certify the excess to the Treasurer of State. (ii) Beginning December 31, 2005, and on December 31 of each subsequent year, the Treasurer of State shall: (a) Calculate each county's proportionate share of one million dollars ($1,000,000) based on the proportions used to reimburse the county for property tax reductions under subsection (a) of this section; (b) Transfer the amount calculated under subdivision (b)(2)(C)(ii) (a) of this section to the county treasurer for allocation to the county assessor for use by the county assessor for the costs of administering Arkansas Constitution, Amendment 79, including without limitation costs for personnel, equipment, services, and postage used in the administration of Arkansas Constitution, Amendment 79; (c) Distribute two million dollars ($2,000,000) from the Property Tax Relief Trust Fund to the counties in the state using the formula stated in § 19-5-602(c)(1)(A) ; and (d) Distribute two million dollars ($2,000,000) from the Property Tax Relief Trust Fund to the municipalities in the state using the formula stated in § 19-5-601(c) . (D) [Repealed.] (3) (A) The Legislative Auditor or his or her designee shall audit the books and records of the county assessor, county collector, or any other party as needed to ensure that the amount of the property tax reduction certified by the county collector is accurate. (B) The Chief Fiscal Officer of the State may adjust the amount certified by the county collector if it is discovered that the certified amount is incorrect. (c) (1) On or before June 30 and November 15 of each year, the county collector of each county shall recertify to the Chief Fiscal Officer of the State the amount of the real property tax reduction provided in § 26-26-1118 . (2) The recertification shall reflect the most current total of tax reductions based on corrections and amendments to the records of the county assessor. (3) After receipt of the recertification from the county collectors, the Chief Fiscal Officer of the State shall redetermine the proportionate share of the total statewide reduction attributable to each county. (d) On or before January 30 each year, the Chief Fiscal Officer of the State shall submit a report to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the members of the Senate Committee on Revenue and Taxation, the members of the House Committee on Revenue and Taxation, the Governor, the Lieutenant Governor, the Attorney General, the Secretary of State, the Treasurer of State, the Auditor of State, and the Commissioner of State Lands stating: (1) The balance of the Property Tax Relief Trust Fund; (2) Whether the fund could support an increase of the homestead property tax credit allowed under § 26-26-1118 ; and (3) If the fund has a balance sufficient to support an increase of the homestead property tax credit allowed under § 26-26-1118 , the amount of increase that the fund could support. Amended by Act 2024EX2, No. 5,§ 1, eff. 90 days after sine die adjournment. Amended by Act 2024EX2, No. 3,§ 1, eff. 90 days after sine die adjournment. Amended by Act 2023, No. 610,§ 1, eff. 8/1/2023. Amended by Act 2021EX2, No. 2,§ 4, eff. 12/9/2021. Amended by Act 2021EX2, No. 1,§ 4, eff. 12/9/2021. Amended by Act 2019, No. 808,§ 1, eff. for assessment years beginning on or after 1/1/2019. Acts 2000 (2d Ex. Sess.), Nos. 1 and 2, § 4; 2001, No. 1275, § 3; 2001, No. 1544, § 2; 2005, No. 659, § 1; 2005, No. 1892, § 2. This section is set out more than once due to postponed, multiple, or conflicting amendments.

(a) (1) On or before March 31 of each year, the county collector of each county shall certify to the Chief Fiscal Officer of the State the amount of the real property tax reduction provided in § 26-26-1118 . (2) (A) After receipt of the certification from the county collectors, the Chief Fiscal Officer of the State shall determine the proportionate share of the total statewide reduction attributable to each county. (B) (i) At the end of each month, the Chief Fiscal Officer of the State shall determine the balance in the Property Tax Relief Trust Fund and certify it to the Treasurer of State. (ii) The Treasurer of State shall make distributions from the Property Tax Relief Trust Fund to each county treasurer in accordance with the county's proportionate share of the total statewide property tax reduction for that calendar year resulting from the provisions of § 26-26-1118 . (iii) (a) Effective January 1, 2006, the Treasurer of State shall make a monthly distribution from the Property Tax Relief Trust Fund to each county treasurer. (b) The distributions for January, February, and March shall be in accordance with the county's proportionate share of the total statewide property tax reduction as of the final county certification of the previous year. (c) Beginning in April of each year, the distribution from the Property Tax Relief Trust Fund to each county treasurer shall be in accordance with the county's proportionate share of the total statewide property tax reduction for that calendar year under § 26-26-1118 . (C) (i) If the Chief Fiscal Officer of the State has not received all of the certifications from the county collectors, then the distribution of the Property Tax Relief Trust Fund shall be as follows until all certifications have been received: (a) The total amount of the Property Tax Relief Trust Fund to be distributed shall equal the total amount in the Property Tax Relief Trust Fund multiplied by the proportion of the previous year's total property assessment, less tangible personal property and property owned by utilities and regulated carriers, of the counties that have certified, divided by the previous year's total property assessment, less tangible personal property and property owned by utilities and regulated carriers in the state; and (b) Each county that has certified its property tax reduction shall receive an amount of the Property Tax Relief Trust Fund, as adjusted in subdivision (a)(2)(C)(i) (a) of this section, equal to the county's proportionate share of the total property tax reduction of the counties that have certified their property tax reductions. (ii) However, until all counties have certified their property tax reductions to the Chief Fiscal Officer of the State, no county shall receive more than seventy-five percent (75%) of its certified property tax reduction. (3) (A) (i) Funds so received by the county treasurers shall be credited to the county property tax relief fund. (ii) Ninety-six percent (96%) of the funds shall be allocated and distributed to the various taxing entities within the county that levy ad valorem taxes. (iii) The allocation shall be based on a certification from the county collector of the amount of the real property tax reduction per taxing entity provided in § 26-26-1118 . (iv) (a) The four percent (4%) retained in the county property tax relief fund is the commission of the county collector as authorized under § 21-6-305(a)(4) . (b) This commission shall become a part of the total commission of the county collector. (v) These funds are subject to § 21-6-305(d) . (B) Funds so received by the various taxing units shall be used for the same purposes and in the same proportions as otherwise provided by law.

(1) On or before March 31 of each year, the county collector of each county shall certify to the Chief Fiscal Officer of the State the amount of the real property tax reduction provided in § 26-26-1118 .

(2) (A) After receipt of the certification from the county collectors, the Chief Fiscal Officer of the State shall determine the proportionate share of the total statewide reduction attributable to each county. (B) (i) At the end of each month, the Chief Fiscal Officer of the State shall determine the balance in the Property Tax Relief Trust Fund and certify it to the Treasurer of State. (ii) The Treasurer of State shall make distributions from the Property Tax Relief Trust Fund to each county treasurer in accordance with the county's proportionate share of the total statewide property tax reduction for that calendar year resulting from the provisions of § 26-26-1118 . (iii) (a) Effective January 1, 2006, the Treasurer of State shall make a monthly distribution from the Property Tax Relief Trust Fund to each county treasurer. (b) The distributions for January, February, and March shall be in accordance with the county's proportionate share of the total statewide property tax reduction as of the final county certification of the previous year. (c) Beginning in April of each year, the distribution from the Property Tax Relief Trust Fund to each county treasurer shall be in accordance with the county's proportionate share of the total statewide property tax reduction for that calendar year under § 26-26-1118 . (C) (i) If the Chief Fiscal Officer of the State has not received all of the certifications from the county collectors, then the distribution of the Property Tax Relief Trust Fund shall be as follows until all certifications have been received: (a) The total amount of the Property Tax Relief Trust Fund to be distributed shall equal the total amount in the Property Tax Relief Trust Fund multiplied by the proportion of the previous year's total property assessment, less tangible personal property and property owned by utilities and regulated carriers, of the counties that have certified, divided by the previous year's total property assessment, less tangible personal property and property owned by utilities and regulated carriers in the state; and (b) Each county that has certified its property tax reduction shall receive an amount of the Property Tax Relief Trust Fund, as adjusted in subdivision (a)(2)(C)(i) (a) of this section, equal to the county's proportionate share of the total property tax reduction of the counties that have certified their property tax reductions. (ii) However, until all counties have certified their property tax reductions to the Chief Fiscal Officer of the State, no county shall receive more than seventy-five percent (75%) of its certified property tax reduction.

(A) After receipt of the certification from the county collectors, the Chief Fiscal Officer of the State shall determine the proportionate share of the total statewide reduction attributable to each county.

(B) (i) At the end of each month, the Chief Fiscal Officer of the State shall determine the balance in the Property Tax Relief Trust Fund and certify it to the Treasurer of State. (ii) The Treasurer of State shall make distributions from the Property Tax Relief Trust Fund to each county treasurer in accordance with the county's proportionate share of the total statewide property tax reduction for that calendar year resulting from the provisions of § 26-26-1118 . (iii) (a) Effective January 1, 2006, the Treasurer of State shall make a monthly distribution from the Property Tax Relief Trust Fund to each county treasurer. (b) The distributions for January, February, and March shall be in accordance with the county's proportionate share of the total statewide property tax reduction as of the final county certification of the previous year. (c) Beginning in April of each year, the distribution from the Property Tax Relief Trust Fund to each county treasurer shall be in accordance with the county's proportionate share of the total statewide property tax reduction for that calendar year under § 26-26-1118 .

(i) At the end of each month, the Chief Fiscal Officer of the State shall determine the balance in the Property Tax Relief Trust Fund and certify it to the Treasurer of State.

(ii) The Treasurer of State shall make distributions from the Property Tax Relief Trust Fund to each county treasurer in accordance with the county's proportionate share of the total statewide property tax reduction for that calendar year resulting from the provisions of § 26-26-1118 .

(iii) (a) Effective January 1, 2006, the Treasurer of State shall make a monthly distribution from the Property Tax Relief Trust Fund to each county treasurer. (b) The distributions for January, February, and March shall be in accordance with the county's proportionate share of the total statewide property tax reduction as of the final county certification of the previous year. (c) Beginning in April of each year, the distribution from the Property Tax Relief Trust Fund to each county treasurer shall be in accordance with the county's proportionate share of the total statewide property tax reduction for that calendar year under § 26-26-1118 .

(a) Effective January 1, 2006, the Treasurer of State shall make a monthly distribution from the Property Tax Relief Trust Fund to each county treasurer.

(b) The distributions for January, February, and March shall be in accordance with the county's proportionate share of the total statewide property tax reduction as of the final county certification of the previous year.

(c) Beginning in April of each year, the distribution from the Property Tax Relief Trust Fund to each county treasurer shall be in accordance with the county's proportionate share of the total statewide property tax reduction for that calendar year under § 26-26-1118 .

(C) (i) If the Chief Fiscal Officer of the State has not received all of the certifications from the county collectors, then the distribution of the Property Tax Relief Trust Fund shall be as follows until all certifications have been received: (a) The total amount of the Property Tax Relief Trust Fund to be distributed shall equal the total amount in the Property Tax Relief Trust Fund multiplied by the proportion of the previous year's total property assessment, less tangible personal property and property owned by utilities and regulated carriers, of the counties that have certified, divided by the previous year's total property assessment, less tangible personal property and property owned by utilities and regulated carriers in the state; and (b) Each county that has certified its property tax reduction shall receive an amount of the Property Tax Relief Trust Fund, as adjusted in subdivision (a)(2)(C)(i) (a) of this section, equal to the county's proportionate share of the total property tax reduction of the counties that have certified their property tax reductions. (ii) However, until all counties have certified their property tax reductions to the Chief Fiscal Officer of the State, no county shall receive more than seventy-five percent (75%) of its certified property tax reduction.

(i) If the Chief Fiscal Officer of the State has not received all of the certifications from the county collectors, then the distribution of the Property Tax Relief Trust Fund shall be as follows until all certifications have been received: (a) The total amount of the Property Tax Relief Trust Fund to be distributed shall equal the total amount in the Property Tax Relief Trust Fund multiplied by the proportion of the previous year's total property assessment, less tangible personal property and property owned by utilities and regulated carriers, of the counties that have certified, divided by the previous year's total property assessment, less tangible personal property and property owned by utilities and regulated carriers in the state; and (b) Each county that has certified its property tax reduction shall receive an amount of the Property Tax Relief Trust Fund, as adjusted in subdivision (a)(2)(C)(i) (a) of this section, equal to the county's proportionate share of the total property tax reduction of the counties that have certified their property tax reductions.

(a) The total amount of the Property Tax Relief Trust Fund to be distributed shall equal the total amount in the Property Tax Relief Trust Fund multiplied by the proportion of the previous year's total property assessment, less tangible personal property and property owned by utilities and regulated carriers, of the counties that have certified, divided by the previous year's total property assessment, less tangible personal property and property owned by utilities and regulated carriers in the state; and

(b) Each county that has certified its property tax reduction shall receive an amount of the Property Tax Relief Trust Fund, as adjusted in subdivision (a)(2)(C)(i) (a) of this section, equal to the county's proportionate share of the total property tax reduction of the counties that have certified their property tax reductions.

(ii) However, until all counties have certified their property tax reductions to the Chief Fiscal Officer of the State, no county shall receive more than seventy-five percent (75%) of its certified property tax reduction.

(3) (A) (i) Funds so received by the county treasurers shall be credited to the county property tax relief fund. (ii) Ninety-six percent (96%) of the funds shall be allocated and distributed to the various taxing entities within the county that levy ad valorem taxes. (iii) The allocation shall be based on a certification from the county collector of the amount of the real property tax reduction per taxing entity provided in § 26-26-1118 . (iv) (a) The four percent (4%) retained in the county property tax relief fund is the commission of the county collector as authorized under § 21-6-305(a)(4) . (b) This commission shall become a part of the total commission of the county collector. (v) These funds are subject to § 21-6-305(d) . (B) Funds so received by the various taxing units shall be used for the same purposes and in the same proportions as otherwise provided by law.

(A) (i) Funds so received by the county treasurers shall be credited to the county property tax relief fund. (ii) Ninety-six percent (96%) of the funds shall be allocated and distributed to the various taxing entities within the county that levy ad valorem taxes. (iii) The allocation shall be based on a certification from the county collector of the amount of the real property tax reduction per taxing entity provided in § 26-26-1118 . (iv) (a) The four percent (4%) retained in the county property tax relief fund is the commission of the county collector as authorized under § 21-6-305(a)(4) . (b) This commission shall become a part of the total commission of the county collector. (v) These funds are subject to § 21-6-305(d) .

(i) Funds so received by the county treasurers shall be credited to the county property tax relief fund.

(ii) Ninety-six percent (96%) of the funds shall be allocated and distributed to the various taxing entities within the county that levy ad valorem taxes.

(iii) The allocation shall be based on a certification from the county collector of the amount of the real property tax reduction per taxing entity provided in § 26-26-1118 .

(iv) (a) The four percent (4%) retained in the county property tax relief fund is the commission of the county collector as authorized under § 21-6-305(a)(4) . (b) This commission shall become a part of the total commission of the county collector.

(a) The four percent (4%) retained in the county property tax relief fund is the commission of the county collector as authorized under § 21-6-305(a)(4) .

(b) This commission shall become a part of the total commission of the county collector.

(v) These funds are subject to § 21-6-305(d) .

(B) Funds so received by the various taxing units shall be used for the same purposes and in the same proportions as otherwise provided by law.

(b) (1) Distributions to each county shall continue on a monthly basis from the Property Tax Relief Trust Fund until the full amount certified by the county collectors, as of November 15 of each year, has been paid. (2) (A) In no event shall the amount distributed to a county during a calendar year from the Property Tax Relief Trust Fund exceed the final amount certified by the county collector as of November 15 as the property tax reduction for that calendar year resulting from § 26-26-1118 . (B) If a county is paid in excess of its proportionate share, the Chief Fiscal Officer of the State may reduce payments made to the county for the subsequent calendar year until the overpayment is recovered. (C) (i) On or before December 31 of each year, the Chief Fiscal Officer of the State, in cooperation with the Legislative Council and the Legislative Auditor, shall determine that portion of the balance remaining in the Property Tax Relief Trust Fund that is in excess of the required reimbursement to the counties and shall certify the excess to the Treasurer of State. (ii) Beginning December 31, 2005, and on December 31 of each subsequent year, the Treasurer of State shall: (a) Calculate each county's proportionate share of one million dollars ($1,000,000) based on the proportions used to reimburse the county for property tax reductions under subsection (a) of this section; (b) Transfer the amount calculated under subdivision (b)(2)(C)(ii) (a) of this section to the county treasurer for allocation to the county assessor for use by the county assessor for the costs of administering Arkansas Constitution, Amendment 79, including without limitation costs for personnel, equipment, services, and postage used in the administration of Arkansas Constitution, Amendment 79; (c) Distribute two million dollars ($2,000,000) from the Property Tax Relief Trust Fund to the counties in the state using the formula stated in § 19-5-602(c)(1)(A) ; and (d) Distribute two million dollars ($2,000,000) from the Property Tax Relief Trust Fund to the municipalities in the state using the formula stated in § 19-5-601(c) . (D) [Repealed.] (3) (A) The Legislative Auditor or his or her designee shall audit the books and records of the county assessor, county collector, or any other party as needed to ensure that the amount of the property tax reduction certified by the county collector is accurate. (B) The Chief Fiscal Officer of the State may adjust the amount certified by the county collector if it is discovered that the certified amount is incorrect.

(1) Distributions to each county shall continue on a monthly basis from the Property Tax Relief Trust Fund until the full amount certified by the county collectors, as of November 15 of each year, has been paid.

(2) (A) In no event shall the amount distributed to a county during a calendar year from the Property Tax Relief Trust Fund exceed the final amount certified by the county collector as of November 15 as the property tax reduction for that calendar year resulting from § 26-26-1118 . (B) If a county is paid in excess of its proportionate share, the Chief Fiscal Officer of the State may reduce payments made to the county for the subsequent calendar year until the overpayment is recovered. (C) (i) On or before December 31 of each year, the Chief Fiscal Officer of the State, in cooperation with the Legislative Council and the Legislative Auditor, shall determine that portion of the balance remaining in the Property Tax Relief Trust Fund that is in excess of the required reimbursement to the counties and shall certify the excess to the Treasurer of State. (ii) Beginning December 31, 2005, and on December 31 of each subsequent year, the Treasurer of State shall: (a) Calculate each county's proportionate share of one million dollars ($1,000,000) based on the proportions used to reimburse the county for property tax reductions under subsection (a) of this section; (b) Transfer the amount calculated under subdivision (b)(2)(C)(ii) (a) of this section to the county treasurer for allocation to the county assessor for use by the county assessor for the costs of administering Arkansas Constitution, Amendment 79, including without limitation costs for personnel, equipment, services, and postage used in the administration of Arkansas Constitution, Amendment 79; (c) Distribute two million dollars ($2,000,000) from the Property Tax Relief Trust Fund to the counties in the state using the formula stated in § 19-5-602(c)(1)(A) ; and (d) Distribute two million dollars ($2,000,000) from the Property Tax Relief Trust Fund to the municipalities in the state using the formula stated in § 19-5-601(c) . (D) [Repealed.]

(A) In no event shall the amount distributed to a county during a calendar year from the Property Tax Relief Trust Fund exceed the final amount certified by the county collector as of November 15 as the property tax reduction for that calendar year resulting from § 26-26-1118 .

(B) If a county is paid in excess of its proportionate share, the Chief Fiscal Officer of the State may reduce payments made to the county for the subsequent calendar year until the overpayment is recovered.

(C) (i) On or before December 31 of each year, the Chief Fiscal Officer of the State, in cooperation with the Legislative Council and the Legislative Auditor, shall determine that portion of the balance remaining in the Property Tax Relief Trust Fund that is in excess of the required reimbursement to the counties and shall certify the excess to the Treasurer of State. (ii) Beginning December 31, 2005, and on December 31 of each subsequent year, the Treasurer of State shall: (a) Calculate each county's proportionate share of one million dollars ($1,000,000) based on the proportions used to reimburse the county for property tax reductions under subsection (a) of this section; (b) Transfer the amount calculated under subdivision (b)(2)(C)(ii) (a) of this section to the county treasurer for allocation to the county assessor for use by the county assessor for the costs of administering Arkansas Constitution, Amendment 79, including without limitation costs for personnel, equipment, services, and postage used in the administration of Arkansas Constitution, Amendment 79; (c) Distribute two million dollars ($2,000,000) from the Property Tax Relief Trust Fund to the counties in the state using the formula stated in § 19-5-602(c)(1)(A) ; and (d) Distribute two million dollars ($2,000,000) from the Property Tax Relief Trust Fund to the municipalities in the state using the formula stated in § 19-5-601(c) .

(i) On or before December 31 of each year, the Chief Fiscal Officer of the State, in cooperation with the Legislative Council and the Legislative Auditor, shall determine that portion of the balance remaining in the Property Tax Relief Trust Fund that is in excess of the required reimbursement to the counties and shall certify the excess to the Treasurer of State.

(ii) Beginning December 31, 2005, and on December 31 of each subsequent year, the Treasurer of State shall: (a) Calculate each county's proportionate share of one million dollars ($1,000,000) based on the proportions used to reimburse the county for property tax reductions under subsection (a) of this section; (b) Transfer the amount calculated under subdivision (b)(2)(C)(ii) (a) of this section to the county treasurer for allocation to the county assessor for use by the county assessor for the costs of administering Arkansas Constitution, Amendment 79, including without limitation costs for personnel, equipment, services, and postage used in the administration of Arkansas Constitution, Amendment 79; (c) Distribute two million dollars ($2,000,000) from the Property Tax Relief Trust Fund to the counties in the state using the formula stated in § 19-5-602(c)(1)(A) ; and (d) Distribute two million dollars ($2,000,000) from the Property Tax Relief Trust Fund to the municipalities in the state using the formula stated in § 19-5-601(c) .

(a) Calculate each county's proportionate share of one million dollars ($1,000,000) based on the proportions used to reimburse the county for property tax reductions under subsection (a) of this section;

(b) Transfer the amount calculated under subdivision (b)(2)(C)(ii) (a) of this section to the county treasurer for allocation to the county assessor for use by the county assessor for the costs of administering Arkansas Constitution, Amendment 79, including without limitation costs for personnel, equipment, services, and postage used in the administration of Arkansas Constitution, Amendment 79;

(c) Distribute two million dollars ($2,000,000) from the Property Tax Relief Trust Fund to the counties in the state using the formula stated in § 19-5-602(c)(1)(A) ; and

(d) Distribute two million dollars ($2,000,000) from the Property Tax Relief Trust Fund to the municipalities in the state using the formula stated in § 19-5-601(c) .

(D) [Repealed.]

(3) (A) The Legislative Auditor or his or her designee shall audit the books and records of the county assessor, county collector, or any other party as needed to ensure that the amount of the property tax reduction certified by the county collector is accurate. (B) The Chief Fiscal Officer of the State may adjust the amount certified by the county collector if it is discovered that the certified amount is incorrect.

(A) The Legislative Auditor or his or her designee shall audit the books and records of the county assessor, county collector, or any other party as needed to ensure that the amount of the property tax reduction certified by the county collector is accurate.

(B) The Chief Fiscal Officer of the State may adjust the amount certified by the county collector if it is discovered that the certified amount is incorrect.

(c) (1) On or before June 30 and November 15 of each year, the county collector of each county shall recertify to the Chief Fiscal Officer of the State the amount of the real property tax reduction provided in § 26-26-1118 . (2) The recertification shall reflect the most current total of tax reductions based on corrections and amendments to the records of the county assessor. (3) After receipt of the recertification from the county collectors, the Chief Fiscal Officer of the State shall redetermine the proportionate share of the total statewide reduction attributable to each county.

(1) On or before June 30 and November 15 of each year, the county collector of each county shall recertify to the Chief Fiscal Officer of the State the amount of the real property tax reduction provided in § 26-26-1118 .

(2) The recertification shall reflect the most current total of tax reductions based on corrections and amendments to the records of the county assessor.

(3) After receipt of the recertification from the county collectors, the Chief Fiscal Officer of the State shall redetermine the proportionate share of the total statewide reduction attributable to each county.

(d) On or before January 30 each year, the Chief Fiscal Officer of the State shall submit a report to the President Pro Tempore of the Senate, the Speaker of the House of Representatives, the members of the Senate Committee on Revenue and Taxation, the members of the House Committee on Revenue and Taxation, the Governor, the Lieutenant Governor, the Attorney General, the Secretary of State, the Treasurer of State, the Auditor of State, and the Commissioner of State Lands stating: (1) The balance of the Property Tax Relief Trust Fund; (2) Whether the fund could support an increase of the homestead property tax credit allowed under § 26-26-1118 ; and (3) If the fund has a balance sufficient to support an increase of the homestead property tax credit allowed under § 26-26-1118 , the amount of increase that the fund could support.

(1) The balance of the Property Tax Relief Trust Fund;

(2) Whether the fund could support an increase of the homestead property tax credit allowed under § 26-26-1118 ; and

(3) If the fund has a balance sufficient to support an increase of the homestead property tax credit allowed under § 26-26-1118 , the amount of increase that the fund could support.

Amended by Act 2024EX2, No. 5,§ 1, eff. 90 days after sine die adjournment.

Amended by Act 2024EX2, No. 3,§ 1, eff. 90 days after sine die adjournment.

Amended by Act 2023, No. 610,§ 1, eff. 8/1/2023.

Amended by Act 2021EX2, No. 2,§ 4, eff. 12/9/2021.

Amended by Act 2021EX2, No. 1,§ 4, eff. 12/9/2021.

Amended by Act 2019, No. 808,§ 1, eff. for assessment years beginning on or after 1/1/2019.

Acts 2000 (2d Ex. Sess.), Nos. 1 and 2, § 4; 2001, No. 1275, § 3; 2001, No. 1544, § 2; 2005, No. 659, § 1; 2005, No. 1892, § 2.

This section is set out more than once due to postponed, multiple, or conflicting amendments.
Ark. Code Ann. § 26-55-230 — AR Code / Title 26 / Chapter 55 / Subchapter 2 / Section 26-55-230
Computation and payment of tax
Status: in_force

(a) At the time of filing of each monthly report with the Secretary of the Department of Finance and Administration, each distributor shall pay to the secretary the full amount of the motor fuel tax for the next-preceding calendar month, which shall be computed as follows: (1) From the sum of the total number of gallons of motor fuel received, reduced by the total number of gallons received upon which the tax has been paid as evidenced by the itemized statement filed pursuant to § 26-55-229(c)(8) by the distributor within the State of Arkansas during the next-preceding calendar month, plus the total number of gallons of motor fuel deducted on any previous monthly report of the distributor under the provisions of subdivisions (a)(1)(C) and (D) of this section with respect to which the tax payable under this subchapter remains unpaid, shall be made the following deductions: (A) The total number of gallons of motor fuel received by the distributor within the State of Arkansas and sold or otherwise disposed of during the next-preceding calendar month as set forth in § 26-55-207 ; (B) The total number of gallons of motor fuel received by the distributor within the State of Arkansas and sold or otherwise disposed of during the next-preceding calendar month as set forth in § 26-55-210 ; (C) The total number of gallons of motor fuel which, during any previous calendar month, was received, within the meaning of § 26-55-202(13)(A) or § 26-55-202(13)(B) , by being placed in a tank but had not been withdrawn therefrom at the close of the next-preceding calendar month; (D) The total number of gallons of motor fuel received during any previous calendar month, within the meaning of § 26-55-202(13)(A) , by being placed in a tank, which was thereafter delivered by the person receiving it to a common carrier pipeline for shipment or delivery to a point in Arkansas, but had not been, at the close of the next-preceding calendar month, delivered by the pipeline at its destination, even though because of being mingled in the common carrier pipeline system with other motor fuel, the motor fuel to be delivered to the point of destination is not the identical motor fuel delivered by the shipper to the common carrier pipeline; (E) (i) That number of gallons of motor fuel lost due to fire, flood, storm, theft, or other cause beyond the distributor's control, other than through evaporation. (ii) The deduction for the loss may be included in the report filed for the month in which the loss occurred or in any subsequent report filed within a period of one (1) year; and (F) (i) That number of gallons of motor fuel which shall be equal to three percent (3%) of the first one million gallons (1,000,000 gals.), and no allowance for the remaining gallons of the total number of gallons of motor fuel received by the distributor during the next-preceding calendar month, less the total number of gallons deducted under subdivisions (a)(1)(A)-(E) of this section. (ii) It is determined by the General Assembly that three percent (3%) of the first one million gallons (1,000,000 gals.) and no allowance for the remaining gallons so received is the actual and average amount of loss resulting from evaporation, shrinkage, and the losses resulting from unknown causes irrespective of the amount thereof, and the cost of collection; (2) The number of gallons remaining after the deductions set forth in subdivision (a)(1) of this section have been made shall be multiplied by the rate of tax under § 26-55-205 ; and (3) The remaining number of gallons computed on a volumetric basis shall be multiplied by the rate provided by law in the adjoining state, the rate not to exceed the rate provided by § 26-55-205 , and the resulting figure, together with the figure obtained in subdivision (a)(2) of this section, shall be the total amount of motor fuel tax due for the next-preceding calendar month. (b) In reporting and computing this tax, distributors shall adjust all volume measurements of motor fuel to a temperature of sixty degrees Fahrenheit (60° F). (c) The secretary by rule shall provide for the payment and collection of the motor fuel tax when it is due but which under the terms of this subchapter is not required to be remitted by a distributor. Amended by Act 2019, No. 315,§ 3007, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3957, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3956, eff. 7/1/2019. Acts 1941, No. 383, § 10; 1943, No. 253, § 2; 1949, No. 352, § 1; 1965 (1st Ex. Sess.), No. 41, § 2; 1979, No. 686, § 1; A.S.A. 1947, § 75-1112; Acts 1987, No. 763, § 5; 1989, No. 821, § 10; 2009, No. 655, §§ 48, 49.

(a) At the time of filing of each monthly report with the Secretary of the Department of Finance and Administration, each distributor shall pay to the secretary the full amount of the motor fuel tax for the next-preceding calendar month, which shall be computed as follows: (1) From the sum of the total number of gallons of motor fuel received, reduced by the total number of gallons received upon which the tax has been paid as evidenced by the itemized statement filed pursuant to § 26-55-229(c)(8) by the distributor within the State of Arkansas during the next-preceding calendar month, plus the total number of gallons of motor fuel deducted on any previous monthly report of the distributor under the provisions of subdivisions (a)(1)(C) and (D) of this section with respect to which the tax payable under this subchapter remains unpaid, shall be made the following deductions: (A) The total number of gallons of motor fuel received by the distributor within the State of Arkansas and sold or otherwise disposed of during the next-preceding calendar month as set forth in § 26-55-207 ; (B) The total number of gallons of motor fuel received by the distributor within the State of Arkansas and sold or otherwise disposed of during the next-preceding calendar month as set forth in § 26-55-210 ; (C) The total number of gallons of motor fuel which, during any previous calendar month, was received, within the meaning of § 26-55-202(13)(A) or § 26-55-202(13)(B) , by being placed in a tank but had not been withdrawn therefrom at the close of the next-preceding calendar month; (D) The total number of gallons of motor fuel received during any previous calendar month, within the meaning of § 26-55-202(13)(A) , by being placed in a tank, which was thereafter delivered by the person receiving it to a common carrier pipeline for shipment or delivery to a point in Arkansas, but had not been, at the close of the next-preceding calendar month, delivered by the pipeline at its destination, even though because of being mingled in the common carrier pipeline system with other motor fuel, the motor fuel to be delivered to the point of destination is not the identical motor fuel delivered by the shipper to the common carrier pipeline; (E) (i) That number of gallons of motor fuel lost due to fire, flood, storm, theft, or other cause beyond the distributor's control, other than through evaporation. (ii) The deduction for the loss may be included in the report filed for the month in which the loss occurred or in any subsequent report filed within a period of one (1) year; and (F) (i) That number of gallons of motor fuel which shall be equal to three percent (3%) of the first one million gallons (1,000,000 gals.), and no allowance for the remaining gallons of the total number of gallons of motor fuel received by the distributor during the next-preceding calendar month, less the total number of gallons deducted under subdivisions (a)(1)(A)-(E) of this section. (ii) It is determined by the General Assembly that three percent (3%) of the first one million gallons (1,000,000 gals.) and no allowance for the remaining gallons so received is the actual and average amount of loss resulting from evaporation, shrinkage, and the losses resulting from unknown causes irrespective of the amount thereof, and the cost of collection; (2) The number of gallons remaining after the deductions set forth in subdivision (a)(1) of this section have been made shall be multiplied by the rate of tax under § 26-55-205 ; and (3) The remaining number of gallons computed on a volumetric basis shall be multiplied by the rate provided by law in the adjoining state, the rate not to exceed the rate provided by § 26-55-205 , and the resulting figure, together with the figure obtained in subdivision (a)(2) of this section, shall be the total amount of motor fuel tax due for the next-preceding calendar month.

(1) From the sum of the total number of gallons of motor fuel received, reduced by the total number of gallons received upon which the tax has been paid as evidenced by the itemized statement filed pursuant to § 26-55-229(c)(8) by the distributor within the State of Arkansas during the next-preceding calendar month, plus the total number of gallons of motor fuel deducted on any previous monthly report of the distributor under the provisions of subdivisions (a)(1)(C) and (D) of this section with respect to which the tax payable under this subchapter remains unpaid, shall be made the following deductions: (A) The total number of gallons of motor fuel received by the distributor within the State of Arkansas and sold or otherwise disposed of during the next-preceding calendar month as set forth in § 26-55-207 ; (B) The total number of gallons of motor fuel received by the distributor within the State of Arkansas and sold or otherwise disposed of during the next-preceding calendar month as set forth in § 26-55-210 ; (C) The total number of gallons of motor fuel which, during any previous calendar month, was received, within the meaning of § 26-55-202(13)(A) or § 26-55-202(13)(B) , by being placed in a tank but had not been withdrawn therefrom at the close of the next-preceding calendar month; (D) The total number of gallons of motor fuel received during any previous calendar month, within the meaning of § 26-55-202(13)(A) , by being placed in a tank, which was thereafter delivered by the person receiving it to a common carrier pipeline for shipment or delivery to a point in Arkansas, but had not been, at the close of the next-preceding calendar month, delivered by the pipeline at its destination, even though because of being mingled in the common carrier pipeline system with other motor fuel, the motor fuel to be delivered to the point of destination is not the identical motor fuel delivered by the shipper to the common carrier pipeline; (E) (i) That number of gallons of motor fuel lost due to fire, flood, storm, theft, or other cause beyond the distributor's control, other than through evaporation. (ii) The deduction for the loss may be included in the report filed for the month in which the loss occurred or in any subsequent report filed within a period of one (1) year; and (F) (i) That number of gallons of motor fuel which shall be equal to three percent (3%) of the first one million gallons (1,000,000 gals.), and no allowance for the remaining gallons of the total number of gallons of motor fuel received by the distributor during the next-preceding calendar month, less the total number of gallons deducted under subdivisions (a)(1)(A)-(E) of this section. (ii) It is determined by the General Assembly that three percent (3%) of the first one million gallons (1,000,000 gals.) and no allowance for the remaining gallons so received is the actual and average amount of loss resulting from evaporation, shrinkage, and the losses resulting from unknown causes irrespective of the amount thereof, and the cost of collection;

(A) The total number of gallons of motor fuel received by the distributor within the State of Arkansas and sold or otherwise disposed of during the next-preceding calendar month as set forth in § 26-55-207 ;

(B) The total number of gallons of motor fuel received by the distributor within the State of Arkansas and sold or otherwise disposed of during the next-preceding calendar month as set forth in § 26-55-210 ;

(C) The total number of gallons of motor fuel which, during any previous calendar month, was received, within the meaning of § 26-55-202(13)(A) or § 26-55-202(13)(B) , by being placed in a tank but had not been withdrawn therefrom at the close of the next-preceding calendar month;

(D) The total number of gallons of motor fuel received during any previous calendar month, within the meaning of § 26-55-202(13)(A) , by being placed in a tank, which was thereafter delivered by the person receiving it to a common carrier pipeline for shipment or delivery to a point in Arkansas, but had not been, at the close of the next-preceding calendar month, delivered by the pipeline at its destination, even though because of being mingled in the common carrier pipeline system with other motor fuel, the motor fuel to be delivered to the point of destination is not the identical motor fuel delivered by the shipper to the common carrier pipeline;

(E) (i) That number of gallons of motor fuel lost due to fire, flood, storm, theft, or other cause beyond the distributor's control, other than through evaporation. (ii) The deduction for the loss may be included in the report filed for the month in which the loss occurred or in any subsequent report filed within a period of one (1) year; and

(i) That number of gallons of motor fuel lost due to fire, flood, storm, theft, or other cause beyond the distributor's control, other than through evaporation.

(ii) The deduction for the loss may be included in the report filed for the month in which the loss occurred or in any subsequent report filed within a period of one (1) year; and

(F) (i) That number of gallons of motor fuel which shall be equal to three percent (3%) of the first one million gallons (1,000,000 gals.), and no allowance for the remaining gallons of the total number of gallons of motor fuel received by the distributor during the next-preceding calendar month, less the total number of gallons deducted under subdivisions (a)(1)(A)-(E) of this section. (ii) It is determined by the General Assembly that three percent (3%) of the first one million gallons (1,000,000 gals.) and no allowance for the remaining gallons so received is the actual and average amount of loss resulting from evaporation, shrinkage, and the losses resulting from unknown causes irrespective of the amount thereof, and the cost of collection;

(i) That number of gallons of motor fuel which shall be equal to three percent (3%) of the first one million gallons (1,000,000 gals.), and no allowance for the remaining gallons of the total number of gallons of motor fuel received by the distributor during the next-preceding calendar month, less the total number of gallons deducted under subdivisions (a)(1)(A)-(E) of this section.

(ii) It is determined by the General Assembly that three percent (3%) of the first one million gallons (1,000,000 gals.) and no allowance for the remaining gallons so received is the actual and average amount of loss resulting from evaporation, shrinkage, and the losses resulting from unknown causes irrespective of the amount thereof, and the cost of collection;

(2) The number of gallons remaining after the deductions set forth in subdivision (a)(1) of this section have been made shall be multiplied by the rate of tax under § 26-55-205 ; and

(3) The remaining number of gallons computed on a volumetric basis shall be multiplied by the rate provided by law in the adjoining state, the rate not to exceed the rate provided by § 26-55-205 , and the resulting figure, together with the figure obtained in subdivision (a)(2) of this section, shall be the total amount of motor fuel tax due for the next-preceding calendar month.

(b) In reporting and computing this tax, distributors shall adjust all volume measurements of motor fuel to a temperature of sixty degrees Fahrenheit (60° F).

(c) The secretary by rule shall provide for the payment and collection of the motor fuel tax when it is due but which under the terms of this subchapter is not required to be remitted by a distributor.

Amended by Act 2019, No. 315,§ 3007, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3957, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3956, eff. 7/1/2019.

Acts 1941, No. 383, § 10; 1943, No. 253, § 2; 1949, No. 352, § 1; 1965 (1st Ex. Sess.), No. 41, § 2; 1979, No. 686, § 1; A.S.A. 1947, § 75-1112; Acts 1987, No. 763, § 5; 1989, No. 821, § 10; 2009, No. 655, §§ 48, 49.
Ark. Code Ann. § 26-51-1003 — AR Code / Title 26 / Chapter 51 / Subchapter 10 / Section 26-51-1003
Definitions
Status: in_force

As used in this subchapter: (1) "Acre-foot" means the volumetric measure equal to forty-three thousand five hundred sixty cubic feet (43,560 cu. ft.) or approximately three hundred twenty-five thousand nine hundred gallons (325,900 gals.); (2) "Application" means a written request for approval of a project for tax credits, describing the project, including a water conservation plan outlining the operation of the project and any additional requirements as the Arkansas Natural Resources Commission may adopt by rule; (3) "Approved applicant" means an individual, fiduciary, partnership, limited liability company, or corporation that submits a written request for approval of a project for tax credits in compliance with this subchapter and receives a certificate of approval for that project; (4) "Commission" means the Arkansas Natural Resources Commission; (5) "Critical groundwater areas" means those areas that are designated by the commission pursuant to the Arkansas Groundwater Protection and Management Act, § 15-22-901 et seq.; (6) "Department" means the Department of Finance and Administration; (7) "Land leveling" means modifying the surface relief of a field to a planned grade to provide a more suitable surface for efficiently applying irrigation water without excessive erosion, loss of water quality, or damage to land by waterlogging; (8) "Project" means: (A) The construction, installation, or restoration of water impoundment or water control structures of twenty (20) acre-feet or more designed for the purpose of storing water to be used for agricultural, commercial, or industrial purposes; (B) The conversion from groundwater to surface water use by agricultural, commercial, industrial, or recreational water users; (C) Agricultural land leveling resulting in water savings due to the more efficient use of irrigation water for which tax credits are claimed; and (D) (i) The purchase and installation of water measuring or metering devices used to determine the quantity of water used. (ii) Installation of such devices shall be considered a conversion from groundwater to surface water for tax credit purposes; and (9) "Project cost" means the actual expenditure for a project, less any reimbursement received by the approved applicant from cost-share programs. Acts 1995, No. 341, § 3; 1999, No. 1050, § 18; 2001, No. 727, § 1; 2011, No. 631, § 1.

As used in this subchapter:

(1) "Acre-foot" means the volumetric measure equal to forty-three thousand five hundred sixty cubic feet (43,560 cu. ft.) or approximately three hundred twenty-five thousand nine hundred gallons (325,900 gals.);

(2) "Application" means a written request for approval of a project for tax credits, describing the project, including a water conservation plan outlining the operation of the project and any additional requirements as the Arkansas Natural Resources Commission may adopt by rule;

(3) "Approved applicant" means an individual, fiduciary, partnership, limited liability company, or corporation that submits a written request for approval of a project for tax credits in compliance with this subchapter and receives a certificate of approval for that project;

(4) "Commission" means the Arkansas Natural Resources Commission;

(5) "Critical groundwater areas" means those areas that are designated by the commission pursuant to the Arkansas Groundwater Protection and Management Act, § 15-22-901 et seq.;

(6) "Department" means the Department of Finance and Administration;

(7) "Land leveling" means modifying the surface relief of a field to a planned grade to provide a more suitable surface for efficiently applying irrigation water without excessive erosion, loss of water quality, or damage to land by waterlogging;

(8) "Project" means: (A) The construction, installation, or restoration of water impoundment or water control structures of twenty (20) acre-feet or more designed for the purpose of storing water to be used for agricultural, commercial, or industrial purposes; (B) The conversion from groundwater to surface water use by agricultural, commercial, industrial, or recreational water users; (C) Agricultural land leveling resulting in water savings due to the more efficient use of irrigation water for which tax credits are claimed; and (D) (i) The purchase and installation of water measuring or metering devices used to determine the quantity of water used. (ii) Installation of such devices shall be considered a conversion from groundwater to surface water for tax credit purposes; and

(A) The construction, installation, or restoration of water impoundment or water control structures of twenty (20) acre-feet or more designed for the purpose of storing water to be used for agricultural, commercial, or industrial purposes;

(B) The conversion from groundwater to surface water use by agricultural, commercial, industrial, or recreational water users;

(C) Agricultural land leveling resulting in water savings due to the more efficient use of irrigation water for which tax credits are claimed; and

(D) (i) The purchase and installation of water measuring or metering devices used to determine the quantity of water used. (ii) Installation of such devices shall be considered a conversion from groundwater to surface water for tax credit purposes; and

(i) The purchase and installation of water measuring or metering devices used to determine the quantity of water used.

(ii) Installation of such devices shall be considered a conversion from groundwater to surface water for tax credit purposes; and

(9) "Project cost" means the actual expenditure for a project, less any reimbursement received by the approved applicant from cost-share programs.

Acts 1995, No. 341, § 3; 1999, No. 1050, § 18; 2001, No. 727, § 1; 2011, No. 631, § 1.
Ark. Code Ann. § 26-51-2409 — AR Code / Title 26 / Chapter 51 / Subchapter 24 / Section 26-51-2409
Credits exceeding tax liability - Assignment
Status: in_force

(a) (1) The amount of the investment tax credit that may be used by a taxpayer for a taxable year shall not exceed the amount of income tax due from the taxpayer. (2) Any unused investment tax credit may be carried over for five (5) consecutive taxable years for credit against the state income tax due from the taxpayer. (3) (A) The investment tax credit may be transferred, sold, or assigned only one (1) time. (B) A taxpayer who transfers, sells, or assigns the investment tax credit shall notify in writing the Department of Finance and Administration within thirty (30) days of the following information: (i) The name, address, and taxpayer identification number of the transferee, purchaser, or assignee of the investment tax credit; (ii) The original issuance date of the investment tax credit and the date of the transfer, purchase, or assignment of the investment tax credit; and (iii) The amount paid for the investment tax credit by the transferee, purchaser, or assignee. (C) (i) A transferee, purchaser, or assignee of an investment tax credit is entitled for the remaining carry-forward period to the investment tax credit under this subchapter only to the extent the investment tax credit is still available and only for the portion of the investment tax credit that has not been previously claimed by the transferor, seller, or assignor. (ii) A transferee, purchaser, or assignee may not transfer, sell, or assign the investment tax credit. (D) The department may refuse to recognize the investment tax credit if the transferor, seller, or assignor or the transferee, purchaser, or assignee of the investment tax credit fails to submit the eligibility certificate and any transfer, purchase, or assignment documents. (4) An investment tax credit granted to a partnership, a limited liability company taxed as a partnership, or multiple owners of eligible central business improvement district property shall be passed through to the partners, members, or owners respectively on a pro rata basis or pursuant to an executed agreement between or among the partners, members, or owners documenting an alternative distribution method. (b) (1) Any assignee of an investment tax credit may use an acquired investment tax credit to offset up to one hundred percent (100%) of the state income tax due from the assignee, but the offset shall not exceed the amount of income tax due for the taxable year. (2) An assignor of an investment tax credit shall perfect an assignment to an assignee of an investment tax credit by notifying the department in writing within thirty (30) calendar days following the effective date of the assignment and shall provide any information required by the department to administer and carry out this subchapter. Acts 2011, No. 1166, § 1.

(a) (1) The amount of the investment tax credit that may be used by a taxpayer for a taxable year shall not exceed the amount of income tax due from the taxpayer. (2) Any unused investment tax credit may be carried over for five (5) consecutive taxable years for credit against the state income tax due from the taxpayer. (3) (A) The investment tax credit may be transferred, sold, or assigned only one (1) time. (B) A taxpayer who transfers, sells, or assigns the investment tax credit shall notify in writing the Department of Finance and Administration within thirty (30) days of the following information: (i) The name, address, and taxpayer identification number of the transferee, purchaser, or assignee of the investment tax credit; (ii) The original issuance date of the investment tax credit and the date of the transfer, purchase, or assignment of the investment tax credit; and (iii) The amount paid for the investment tax credit by the transferee, purchaser, or assignee. (C) (i) A transferee, purchaser, or assignee of an investment tax credit is entitled for the remaining carry-forward period to the investment tax credit under this subchapter only to the extent the investment tax credit is still available and only for the portion of the investment tax credit that has not been previously claimed by the transferor, seller, or assignor. (ii) A transferee, purchaser, or assignee may not transfer, sell, or assign the investment tax credit. (D) The department may refuse to recognize the investment tax credit if the transferor, seller, or assignor or the transferee, purchaser, or assignee of the investment tax credit fails to submit the eligibility certificate and any transfer, purchase, or assignment documents. (4) An investment tax credit granted to a partnership, a limited liability company taxed as a partnership, or multiple owners of eligible central business improvement district property shall be passed through to the partners, members, or owners respectively on a pro rata basis or pursuant to an executed agreement between or among the partners, members, or owners documenting an alternative distribution method.

(1) The amount of the investment tax credit that may be used by a taxpayer for a taxable year shall not exceed the amount of income tax due from the taxpayer.

(2) Any unused investment tax credit may be carried over for five (5) consecutive taxable years for credit against the state income tax due from the taxpayer.

(3) (A) The investment tax credit may be transferred, sold, or assigned only one (1) time. (B) A taxpayer who transfers, sells, or assigns the investment tax credit shall notify in writing the Department of Finance and Administration within thirty (30) days of the following information: (i) The name, address, and taxpayer identification number of the transferee, purchaser, or assignee of the investment tax credit; (ii) The original issuance date of the investment tax credit and the date of the transfer, purchase, or assignment of the investment tax credit; and (iii) The amount paid for the investment tax credit by the transferee, purchaser, or assignee. (C) (i) A transferee, purchaser, or assignee of an investment tax credit is entitled for the remaining carry-forward period to the investment tax credit under this subchapter only to the extent the investment tax credit is still available and only for the portion of the investment tax credit that has not been previously claimed by the transferor, seller, or assignor. (ii) A transferee, purchaser, or assignee may not transfer, sell, or assign the investment tax credit. (D) The department may refuse to recognize the investment tax credit if the transferor, seller, or assignor or the transferee, purchaser, or assignee of the investment tax credit fails to submit the eligibility certificate and any transfer, purchase, or assignment documents.

(A) The investment tax credit may be transferred, sold, or assigned only one (1) time.

(B) A taxpayer who transfers, sells, or assigns the investment tax credit shall notify in writing the Department of Finance and Administration within thirty (30) days of the following information: (i) The name, address, and taxpayer identification number of the transferee, purchaser, or assignee of the investment tax credit; (ii) The original issuance date of the investment tax credit and the date of the transfer, purchase, or assignment of the investment tax credit; and (iii) The amount paid for the investment tax credit by the transferee, purchaser, or assignee.

(i) The name, address, and taxpayer identification number of the transferee, purchaser, or assignee of the investment tax credit;

(ii) The original issuance date of the investment tax credit and the date of the transfer, purchase, or assignment of the investment tax credit; and

(iii) The amount paid for the investment tax credit by the transferee, purchaser, or assignee.

(C) (i) A transferee, purchaser, or assignee of an investment tax credit is entitled for the remaining carry-forward period to the investment tax credit under this subchapter only to the extent the investment tax credit is still available and only for the portion of the investment tax credit that has not been previously claimed by the transferor, seller, or assignor. (ii) A transferee, purchaser, or assignee may not transfer, sell, or assign the investment tax credit.

(i) A transferee, purchaser, or assignee of an investment tax credit is entitled for the remaining carry-forward period to the investment tax credit under this subchapter only to the extent the investment tax credit is still available and only for the portion of the investment tax credit that has not been previously claimed by the transferor, seller, or assignor.

(ii) A transferee, purchaser, or assignee may not transfer, sell, or assign the investment tax credit.

(D) The department may refuse to recognize the investment tax credit if the transferor, seller, or assignor or the transferee, purchaser, or assignee of the investment tax credit fails to submit the eligibility certificate and any transfer, purchase, or assignment documents.

(4) An investment tax credit granted to a partnership, a limited liability company taxed as a partnership, or multiple owners of eligible central business improvement district property shall be passed through to the partners, members, or owners respectively on a pro rata basis or pursuant to an executed agreement between or among the partners, members, or owners documenting an alternative distribution method.

(b) (1) Any assignee of an investment tax credit may use an acquired investment tax credit to offset up to one hundred percent (100%) of the state income tax due from the assignee, but the offset shall not exceed the amount of income tax due for the taxable year. (2) An assignor of an investment tax credit shall perfect an assignment to an assignee of an investment tax credit by notifying the department in writing within thirty (30) calendar days following the effective date of the assignment and shall provide any information required by the department to administer and carry out this subchapter.

(1) Any assignee of an investment tax credit may use an acquired investment tax credit to offset up to one hundred percent (100%) of the state income tax due from the assignee, but the offset shall not exceed the amount of income tax due for the taxable year.

(2) An assignor of an investment tax credit shall perfect an assignment to an assignee of an investment tax credit by notifying the department in writing within thirty (30) calendar days following the effective date of the assignment and shall provide any information required by the department to administer and carry out this subchapter.

Acts 2011, No. 1166, § 1.
Ark. Code Ann. § 26-78-106 — AR Code / Title 26 / Chapter 78 / Section 26-78-106
Collection of tax - Receipts
Status: in_force

(a) The County and Municipality Vehicle Tax in the case of a levy by the county shall be collected by the county collector and may be collected at the time personal property taxes of the county are due on personal property of the taxpayer, or may be collected at any time the quorum court determines is reasonable and expedient for the collection of the tax. (b) The county collector's commission for collecting the tax shall be three percent (3%) of the total amount collected. (c) Consecutively numbered receipts, printed in duplicate, shall be used by the county collector to acknowledge payment of the tax. Each receipt shall have printed on it: (1) The name of the county; (2) The name of the tax; (3) The year of the tax; (4) Space for indicating: (A) The name and address of the taxpayer; (B) The date of payment; (C) The amount of tax; (D) The amount of penalty; (E) The total amount collected; (F) The make and year model of the vehicle; and (G) The state motor vehicle license number at the time attached to the vehicle; and (5) Space for the signature of the county collector. (d) At the time of issuing his or her receipt, the county collector shall also deliver to the taxpayer a windshield sticker, metal tag, or other type of identification to be attached to the vehicle by the owner. (e) A new series of receipts shall be issued for each year's tax. A separate receipt shall be issued for each vehicle, the original of which shall be given to the taxpayer at the time of payment of the tax. The duplicate receipt shall be retained by the county collector for accounting and auditing purposes. (f) In the case of municipalities levying the tax, the municipal officer designated by ordinance shall collect the tax and shall follow insofar as practicable the same procedure as set forth in this section with reference to collection by the county collector for the county. Acts 1965, No. 446, § 5; 1979, No. 1017, § 1; A.S.A. 1947, § 76-2305.

(a) The County and Municipality Vehicle Tax in the case of a levy by the county shall be collected by the county collector and may be collected at the time personal property taxes of the county are due on personal property of the taxpayer, or may be collected at any time the quorum court determines is reasonable and expedient for the collection of the tax.

(b) The county collector's commission for collecting the tax shall be three percent (3%) of the total amount collected.

(c) Consecutively numbered receipts, printed in duplicate, shall be used by the county collector to acknowledge payment of the tax. Each receipt shall have printed on it: (1) The name of the county; (2) The name of the tax; (3) The year of the tax; (4) Space for indicating: (A) The name and address of the taxpayer; (B) The date of payment; (C) The amount of tax; (D) The amount of penalty; (E) The total amount collected; (F) The make and year model of the vehicle; and (G) The state motor vehicle license number at the time attached to the vehicle; and (5) Space for the signature of the county collector.

(1) The name of the county;

(2) The name of the tax;

(3) The year of the tax;

(4) Space for indicating: (A) The name and address of the taxpayer; (B) The date of payment; (C) The amount of tax; (D) The amount of penalty; (E) The total amount collected; (F) The make and year model of the vehicle; and (G) The state motor vehicle license number at the time attached to the vehicle; and

(A) The name and address of the taxpayer;

(B) The date of payment;

(C) The amount of tax;

(D) The amount of penalty;

(E) The total amount collected;

(F) The make and year model of the vehicle; and

(G) The state motor vehicle license number at the time attached to the vehicle; and

(5) Space for the signature of the county collector.

(d) At the time of issuing his or her receipt, the county collector shall also deliver to the taxpayer a windshield sticker, metal tag, or other type of identification to be attached to the vehicle by the owner.

(e) A new series of receipts shall be issued for each year's tax. A separate receipt shall be issued for each vehicle, the original of which shall be given to the taxpayer at the time of payment of the tax. The duplicate receipt shall be retained by the county collector for accounting and auditing purposes.

(f) In the case of municipalities levying the tax, the municipal officer designated by ordinance shall collect the tax and shall follow insofar as practicable the same procedure as set forth in this section with reference to collection by the county collector for the county.

Acts 1965, No. 446, § 5; 1979, No. 1017, § 1; A.S.A. 1947, § 76-2305.
Ark. Code Ann. § 26-75-506 — AR Code / Title 26 / Chapter 75 / Subchapter 5 / Section 26-75-506
Disposition of revenues
Status: in_force

(a) All revenues collected by the Secretary of the Department of Finance and Administration pursuant to the provisions of this subchapter, less three percent (3%) thereof which shall be deducted as a cost of collection and deposited into the State Treasury to the credit of the Constitutional Officers Fund and the State Central Services Fund, shall be remitted by the secretary to the levying city at the same time the secretary remits sales tax revenues to the State Treasury. (b) All funds remitted to the levying city under the provisions of this subchapter shall be deposited into the city general fund of the levying city and used for the purposes prescribed by law. (c) (1) Except for revenue collected under subdivision (c)(2) of this section, money collected from a tax on aviation fuel levied by a city where a regional airport as described by the Regional Airport Act, § 14-362-101 et seq., is located shall not be deposited into the State Treasury but shall be deposited as cash funds by the Treasurer of State into a bank or banks designated by the regional airport located within the levying city or within the county and transmitted to the regional airport, subject to the charges by the state for its services as specified in this section. (2) Revenue derived from a tax on aviation fuel in effect on December 30, 1987, is not subject to this subsection. (d) Except for revenue collected under subsection (c) of this section, money collected that is derived from a tax on aviation fuel levied by a city that is not dedicated to a specific purpose and may legally be used for any lawful purpose shall not be deposited into the State Treasury but shall be deposited as cash funds by the Treasurer of State into a bank or banks designated by the city and transmitted directly to the publicly owned airport where the aviation fuel was sold, subject to the charges by the state for its services as specified in this section. Amended by Act 2019, No. 910,§ 4460, eff. 7/1/2019. Acts 1968 (1st Ex. Sess.), No. 4, § 3; A.S.A. 1947, § 19-4510; Acts 2007, No. 166, § 6; 2009, No. 840, § 8.

(a) All revenues collected by the Secretary of the Department of Finance and Administration pursuant to the provisions of this subchapter, less three percent (3%) thereof which shall be deducted as a cost of collection and deposited into the State Treasury to the credit of the Constitutional Officers Fund and the State Central Services Fund, shall be remitted by the secretary to the levying city at the same time the secretary remits sales tax revenues to the State Treasury.

(b) All funds remitted to the levying city under the provisions of this subchapter shall be deposited into the city general fund of the levying city and used for the purposes prescribed by law.

(c) (1) Except for revenue collected under subdivision (c)(2) of this section, money collected from a tax on aviation fuel levied by a city where a regional airport as described by the Regional Airport Act, § 14-362-101 et seq., is located shall not be deposited into the State Treasury but shall be deposited as cash funds by the Treasurer of State into a bank or banks designated by the regional airport located within the levying city or within the county and transmitted to the regional airport, subject to the charges by the state for its services as specified in this section. (2) Revenue derived from a tax on aviation fuel in effect on December 30, 1987, is not subject to this subsection.

(1) Except for revenue collected under subdivision (c)(2) of this section, money collected from a tax on aviation fuel levied by a city where a regional airport as described by the Regional Airport Act, § 14-362-101 et seq., is located shall not be deposited into the State Treasury but shall be deposited as cash funds by the Treasurer of State into a bank or banks designated by the regional airport located within the levying city or within the county and transmitted to the regional airport, subject to the charges by the state for its services as specified in this section.

(2) Revenue derived from a tax on aviation fuel in effect on December 30, 1987, is not subject to this subsection.

(d) Except for revenue collected under subsection (c) of this section, money collected that is derived from a tax on aviation fuel levied by a city that is not dedicated to a specific purpose and may legally be used for any lawful purpose shall not be deposited into the State Treasury but shall be deposited as cash funds by the Treasurer of State into a bank or banks designated by the city and transmitted directly to the publicly owned airport where the aviation fuel was sold, subject to the charges by the state for its services as specified in this section.

Amended by Act 2019, No. 910,§ 4460, eff. 7/1/2019.

Acts 1968 (1st Ex. Sess.), No. 4, § 3; A.S.A. 1947, § 19-4510; Acts 2007, No. 166, § 6; 2009, No. 840, § 8.
Ark. Code Ann. § 26-57-257 — AR Code / Title 26 / Chapter 57 / Subchapter 2 / Section 26-57-257
Director of Arkansas Tobacco Control
Status: in_force

(a) (1) The Secretary of the Department of Finance and Administration shall employ a person to serve as the Director of Arkansas Tobacco Control. (2) The director shall serve at the pleasure of the secretary. (b) The director or his or her designee shall present all evidence tending to prove violations of law, rules, or regulations at hearings held by the Arkansas Tobacco Control Board. (c) The director, in consultation with the Secretary of the Department of Finance and Administration, may employ other personnel as he or she deems necessary and as authorized by the General Assembly. (d) Any personnel employed by the director shall serve at his or her pleasure. (e) (1) The director may adopt, keep, and use a common seal. (2) This seal may be used for authentication of the records, process, and proceedings of the director or the board, respectively. (3) Judicial notice shall be taken of each use of this seal in all of the courts of the state. (f) Any process, notice, or other paper that the director is authorized by law to issue shall be deemed sufficient if signed by the director or authenticated by the seal of the director. (g) All acts, orders, proceedings, rules, regulations, entries, minutes, and other records of the director and all reports and documents filed with the director may be proved in any court of this state by a copy certified by the director with his or her signature or the seal attached. (h) (1) The director shall maintain records of all permits issued, suspended, denied, or revoked by the board. (2) The records shall contain the information as to the identity of the permit holder, including the names of all officers and members of the business entities holding permits and the location of the permitted premises. (i) The director shall recognize the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as the agency responsible for ensuring full compliance with the Public Health Service Act, § 1926(b), 42 U.S.C. § 300x-26(b) , and shall call upon administrative departments of the state, county, and city governments, sheriffs, city police departments, or other law enforcement officers for such information and assistance as the director may deem necessary in the performance of the duties imposed upon him or her by this subchapter. (j) The director may inspect or cause to be inspected any premises where tobacco products, vapor products, alternative nicotine products, or e-liquid products are manufactured, imported, distributed, stored, or sold on the premises where the records of the manufacture, importation, distribution, storage, or sale are stored. (k) The director may: (1) Examine or cause to be examined any person under oath and examine or cause to be examined books and records of any permit holder; (2) Hear testimony and take proof material to his or her information and the discharge of his or her duties under this section; (3) Administer oaths or cause oaths to be administered; and (4) (A) Issue subpoenas to require the attendance of witnesses and the production of books and records. (B) Any circuit court by written order may require the attendance of witnesses or the production of relevant books or other records subpoenaed by the director, and the court may compel obedience to its order by proceedings for contempt. (l) All hearings and appeals from any hearing shall be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (m) The director shall exercise other powers, functions, and duties as are or may be imposed or conferred upon him or her by law or the board. (n) The director shall have other powers, functions, and duties pertaining to the issuance, suspension, and revocation of the permits enumerated in § 26-57-219 , except those that are specifically delegated to the Department of Finance and Administration by this subchapter. (o) (1) (A) The power and duty to collect taxes imposed on tobacco products is specifically exempted from the powers and duties granted or assigned to the board or the director. (B) However, a permit holder's failure to pay taxes or fees imposed on tobacco products or any permit fees imposed by this subchapter in a timely manner is grounds for the nonissuance, suspension, revocation, or nonrenewal of any permits issued by the director. (C) Failure to timely and fully pay any other state and local taxes as reported by the secretary shall also constitute grounds for the nonissuance, suspension, revocation, or nonrenewal of any permits issued by the director. (2) (A) Each year the secretary shall report to the director all permit holders who are more than ninety (90) days delinquent on any state or local taxes. (B) The director shall not issue or renew any permit issued under this section for any permit holder more than ninety (90) days delinquent on any privilege fee or tax addressed in this section unless the permit holder demonstrates that he or she is current under a valid repayment agreement for the delinquent tax. (p) The enforcement of state laws relating to the prohibition of the barter or sale of tobacco products, vapor products, alternative nicotine products, e-liquid products, or cigarette papers to a minor by multiple state agencies shall be coordinated to avoid duplicative inspections of the same retailer by multiple state agencies. Amended by Act 2021, No. 917,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 1071,§ 26, eff. 7/24/2019. Amended by Act 2019, No. 580,§ 10, eff. 9/1/2019. Amended by Act 2019, No. 315,§ 3035, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4164, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4163, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4162, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4161, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4160, eff. 7/1/2019. Amended by Act 2017, No. 913,§ 129, eff. 8/1/2017. Amended by Act 2015, No. 1235,§ 24, eff. 5/1/2015. Amended by Act 2015, No. 1235,§ 23, eff. 5/1/2015. Amended by Act 2015, No. 1235,§ 22, eff. 5/1/2015. Amended by Act 2013, No. 1273,§ 32, eff. 8/16/2013. Amended by Act 2013, No. 1273,§ 31, eff. 8/16/2013. Amended by Act 2013, No. 1273,§ 30, eff. 8/16/2013. Amended by Act 2013, No. 1107,§ 47, eff. 8/16/2013. Acts 1997, No. 1337, § 23; 1999, No. 1591, § 2; 2001, No. 1368, § 5; 2009, No. 655, §§ 77-83; 2009, No. 785, § 28; 2011, No. 983, § 19.

(a) (1) The Secretary of the Department of Finance and Administration shall employ a person to serve as the Director of Arkansas Tobacco Control. (2) The director shall serve at the pleasure of the secretary.

(1) The Secretary of the Department of Finance and Administration shall employ a person to serve as the Director of Arkansas Tobacco Control.

(2) The director shall serve at the pleasure of the secretary.

(b) The director or his or her designee shall present all evidence tending to prove violations of law, rules, or regulations at hearings held by the Arkansas Tobacco Control Board.

(c) The director, in consultation with the Secretary of the Department of Finance and Administration, may employ other personnel as he or she deems necessary and as authorized by the General Assembly.

(d) Any personnel employed by the director shall serve at his or her pleasure.

(e) (1) The director may adopt, keep, and use a common seal. (2) This seal may be used for authentication of the records, process, and proceedings of the director or the board, respectively. (3) Judicial notice shall be taken of each use of this seal in all of the courts of the state.

(1) The director may adopt, keep, and use a common seal.

(2) This seal may be used for authentication of the records, process, and proceedings of the director or the board, respectively.

(3) Judicial notice shall be taken of each use of this seal in all of the courts of the state.

(f) Any process, notice, or other paper that the director is authorized by law to issue shall be deemed sufficient if signed by the director or authenticated by the seal of the director.

(g) All acts, orders, proceedings, rules, regulations, entries, minutes, and other records of the director and all reports and documents filed with the director may be proved in any court of this state by a copy certified by the director with his or her signature or the seal attached.

(h) (1) The director shall maintain records of all permits issued, suspended, denied, or revoked by the board. (2) The records shall contain the information as to the identity of the permit holder, including the names of all officers and members of the business entities holding permits and the location of the permitted premises.

(1) The director shall maintain records of all permits issued, suspended, denied, or revoked by the board.

(2) The records shall contain the information as to the identity of the permit holder, including the names of all officers and members of the business entities holding permits and the location of the permitted premises.

(i) The director shall recognize the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services as the agency responsible for ensuring full compliance with the Public Health Service Act, § 1926(b), 42 U.S.C. § 300x-26(b) , and shall call upon administrative departments of the state, county, and city governments, sheriffs, city police departments, or other law enforcement officers for such information and assistance as the director may deem necessary in the performance of the duties imposed upon him or her by this subchapter.

(j) The director may inspect or cause to be inspected any premises where tobacco products, vapor products, alternative nicotine products, or e-liquid products are manufactured, imported, distributed, stored, or sold on the premises where the records of the manufacture, importation, distribution, storage, or sale are stored.

(k) The director may: (1) Examine or cause to be examined any person under oath and examine or cause to be examined books and records of any permit holder; (2) Hear testimony and take proof material to his or her information and the discharge of his or her duties under this section; (3) Administer oaths or cause oaths to be administered; and (4) (A) Issue subpoenas to require the attendance of witnesses and the production of books and records. (B) Any circuit court by written order may require the attendance of witnesses or the production of relevant books or other records subpoenaed by the director, and the court may compel obedience to its order by proceedings for contempt.

(1) Examine or cause to be examined any person under oath and examine or cause to be examined books and records of any permit holder;

(2) Hear testimony and take proof material to his or her information and the discharge of his or her duties under this section;

(3) Administer oaths or cause oaths to be administered; and

(4) (A) Issue subpoenas to require the attendance of witnesses and the production of books and records. (B) Any circuit court by written order may require the attendance of witnesses or the production of relevant books or other records subpoenaed by the director, and the court may compel obedience to its order by proceedings for contempt.

(A) Issue subpoenas to require the attendance of witnesses and the production of books and records.

(B) Any circuit court by written order may require the attendance of witnesses or the production of relevant books or other records subpoenaed by the director, and the court may compel obedience to its order by proceedings for contempt.

(l) All hearings and appeals from any hearing shall be conducted in accordance with the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(m) The director shall exercise other powers, functions, and duties as are or may be imposed or conferred upon him or her by law or the board.

(n) The director shall have other powers, functions, and duties pertaining to the issuance, suspension, and revocation of the permits enumerated in § 26-57-219 , except those that are specifically delegated to the Department of Finance and Administration by this subchapter.

(o) (1) (A) The power and duty to collect taxes imposed on tobacco products is specifically exempted from the powers and duties granted or assigned to the board or the director. (B) However, a permit holder's failure to pay taxes or fees imposed on tobacco products or any permit fees imposed by this subchapter in a timely manner is grounds for the nonissuance, suspension, revocation, or nonrenewal of any permits issued by the director. (C) Failure to timely and fully pay any other state and local taxes as reported by the secretary shall also constitute grounds for the nonissuance, suspension, revocation, or nonrenewal of any permits issued by the director. (2) (A) Each year the secretary shall report to the director all permit holders who are more than ninety (90) days delinquent on any state or local taxes. (B) The director shall not issue or renew any permit issued under this section for any permit holder more than ninety (90) days delinquent on any privilege fee or tax addressed in this section unless the permit holder demonstrates that he or she is current under a valid repayment agreement for the delinquent tax.

(1) (A) The power and duty to collect taxes imposed on tobacco products is specifically exempted from the powers and duties granted or assigned to the board or the director. (B) However, a permit holder's failure to pay taxes or fees imposed on tobacco products or any permit fees imposed by this subchapter in a timely manner is grounds for the nonissuance, suspension, revocation, or nonrenewal of any permits issued by the director. (C) Failure to timely and fully pay any other state and local taxes as reported by the secretary shall also constitute grounds for the nonissuance, suspension, revocation, or nonrenewal of any permits issued by the director.

(A) The power and duty to collect taxes imposed on tobacco products is specifically exempted from the powers and duties granted or assigned to the board or the director.

(B) However, a permit holder's failure to pay taxes or fees imposed on tobacco products or any permit fees imposed by this subchapter in a timely manner is grounds for the nonissuance, suspension, revocation, or nonrenewal of any permits issued by the director.

(C) Failure to timely and fully pay any other state and local taxes as reported by the secretary shall also constitute grounds for the nonissuance, suspension, revocation, or nonrenewal of any permits issued by the director.

(2) (A) Each year the secretary shall report to the director all permit holders who are more than ninety (90) days delinquent on any state or local taxes. (B) The director shall not issue or renew any permit issued under this section for any permit holder more than ninety (90) days delinquent on any privilege fee or tax addressed in this section unless the permit holder demonstrates that he or she is current under a valid repayment agreement for the delinquent tax.

(A) Each year the secretary shall report to the director all permit holders who are more than ninety (90) days delinquent on any state or local taxes.

(B) The director shall not issue or renew any permit issued under this section for any permit holder more than ninety (90) days delinquent on any privilege fee or tax addressed in this section unless the permit holder demonstrates that he or she is current under a valid repayment agreement for the delinquent tax.

(p) The enforcement of state laws relating to the prohibition of the barter or sale of tobacco products, vapor products, alternative nicotine products, e-liquid products, or cigarette papers to a minor by multiple state agencies shall be coordinated to avoid duplicative inspections of the same retailer by multiple state agencies.

Amended by Act 2021, No. 917,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 1071,§ 26, eff. 7/24/2019.

Amended by Act 2019, No. 580,§ 10, eff. 9/1/2019.

Amended by Act 2019, No. 315,§ 3035, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4164, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4163, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4162, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4161, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4160, eff. 7/1/2019.

Amended by Act 2017, No. 913,§ 129, eff. 8/1/2017.

Amended by Act 2015, No. 1235,§ 24, eff. 5/1/2015.

Amended by Act 2015, No. 1235,§ 23, eff. 5/1/2015.

Amended by Act 2015, No. 1235,§ 22, eff. 5/1/2015.

Amended by Act 2013, No. 1273,§ 32, eff. 8/16/2013.

Amended by Act 2013, No. 1273,§ 31, eff. 8/16/2013.

Amended by Act 2013, No. 1273,§ 30, eff. 8/16/2013.

Amended by Act 2013, No. 1107,§ 47, eff. 8/16/2013.

Acts 1997, No. 1337, § 23; 1999, No. 1591, § 2; 2001, No. 1368, § 5; 2009, No. 655, §§ 77-83; 2009, No. 785, § 28; 2011, No. 983, § 19.
Ark. Code Ann. § 26-52-706 — AR Code / Title 26 / Chapter 52 / Subchapter 7 / Section 26-52-706
[Repealed]
Status: repealed

Repealed by Act 2017, No. 465,§ 5, eff. 3/13/2017. Acts 1985, No. 529, § 5; A.S.A. 1947, § 84-1955; Acts 1997, No. 540, § 59; 1999, No. 995, § 6.

Repealed by Act 2017, No. 465,§ 5, eff. 3/13/2017.

Acts 1985, No. 529, § 5; A.S.A. 1947, § 84-1955; Acts 1997, No. 540, § 59; 1999, No. 995, § 6.
Ark. Code Ann. § 26-51-2002 — AR Code / Title 26 / Chapter 51 / Subchapter 20 / Section 26-51-2002
Definitions
Status: in_force

As used in this subchapter: (1) "Director" means the Director of the Arkansas Economic Development Commission; (2) "Eligible business" means any person engaged in a business classified as manufacturing of paper and allied products in Standard Industrial Classification Code 2600 that has been in continuous operation in Arkansas for at least two (2) years prior to the initial application to the director for income tax credits under the provision of this subchapter; (3) "Modernization" means to increase efficiency or to increase productivity of the business through investment in machinery or equipment, or both, and shall not include costs for routine maintenance; (4) "Person" means a person as defined by § 26-18-104 ; (5) "Project" means any construction, expansion, or modernization in Arkansas by an eligible business whose investment shall exceed one hundred million dollars ($100,000,000) between August 13, 2001, and December 31, 2004, for projects involving either single or multiple locations within the State of Arkansas, including the cost of the land, buildings, and equipment used in the construction, expansion, or modernization and which construction, expansion, or modernization has been approved by the Arkansas Economic Development Commission as a construction, expansion, or modernization project that qualifies for the credit under the provisions of this subchapter; and (6) "Routine maintenance" means the replacement of existing machinery parts with like parts. Acts 2001, No. 1661, § 2.

As used in this subchapter:

(1) "Director" means the Director of the Arkansas Economic Development Commission;

(2) "Eligible business" means any person engaged in a business classified as manufacturing of paper and allied products in Standard Industrial Classification Code 2600 that has been in continuous operation in Arkansas for at least two (2) years prior to the initial application to the director for income tax credits under the provision of this subchapter;

(3) "Modernization" means to increase efficiency or to increase productivity of the business through investment in machinery or equipment, or both, and shall not include costs for routine maintenance;

(4) "Person" means a person as defined by § 26-18-104 ;

(5) "Project" means any construction, expansion, or modernization in Arkansas by an eligible business whose investment shall exceed one hundred million dollars ($100,000,000) between August 13, 2001, and December 31, 2004, for projects involving either single or multiple locations within the State of Arkansas, including the cost of the land, buildings, and equipment used in the construction, expansion, or modernization and which construction, expansion, or modernization has been approved by the Arkansas Economic Development Commission as a construction, expansion, or modernization project that qualifies for the credit under the provisions of this subchapter; and

(6) "Routine maintenance" means the replacement of existing machinery parts with like parts.

Acts 2001, No. 1661, § 2.