Ark. Code Ann. § 26-62-207 — AR Code / Title 26 / Chapter 62 / Subchapter 2 / Section 26-62-207
Records required - Invoices - Falsification of records
Status: in_force

(a) Every person required by law to secure a license under this chapter shall keep records in the time and manner and subject to inspection and audit as required by the Arkansas Tax Procedure Act, § 26-18-101 et seq., including a complete record of all alternative fuels taxable under this chapter and sold, delivered, or used by the person, showing for each purchase, receipt, sale, delivery, or use: (1) The date; (2) The name and address of the seller from whom the user, interstate user, or IFTA carrier user purchased the fuels and that interstate user or IFTA carrier user's license number; and (3) An accurate record of the number of gallons equivalent of alternative fuels sold or used for taxable purposes with quantities measured by a meter. (b) (1) For each delivery of alternative fuels directly into the fuel supply tank of a motor vehicle, the required record shall include a serially numbered invoice issued in not less than triplicate counterparts on which shall be printed or stamped with a rubber stamp the name and address of the alternative fuels supplier making such delivery and on which shall be shown, in spaces to be provided on that invoice, the: (A) Date of delivery; (B) Number of equivalent gallons and kind of alternative fuels so delivered; (C) Total mileage recorded on the odometer or hub meter of the motor vehicle into which delivered; and (D) Motor vehicle registration number of the motor vehicle, or the interstate user, or IFTA carrier user's license number, if applicable. (2) The invoice shall reflect that the tax has been paid or accounted for on each of the products delivered. (3) (A) One (1) counterpart of the invoice required by this subsection shall be kept by the alternative fuels supplier making such delivery as a part of his or her record and for the period of time and purposes provided in this chapter. (B) Another counterpart shall be delivered to the operator of the motor vehicle and carried in the cab compartment of the motor vehicle for inspection by the Secretary of the Department of Finance and Administration or his or her representatives until the fuel it covers has been consumed. (c) (1) Every person who operates a motor vehicle that is equipped to use motor fuels taxable under the Motor Fuel Tax Law, § 26-55-201 et seq., or equipped to use distillate special fuels taxable under the Special Motor Fuels Tax Law, § 26-56-101 et seq., and alternative fuels interchangeably in the propulsion of the motor vehicle shall carry in the cab compartment of the motor vehicle for inspection by the secretary or his or her representative not only the counterpart of the serially numbered invoice required under subsection (b) of this section for the delivery of alternative fuels into the fuel supply tanks of the motor vehicle but also an invoice or receipt from the seller for each delivery into the fuel supply tanks of the motor vehicle of motor fuels taxable under the Motor Fuel Tax Law, § 26-55-201 et seq., or of distillate special fuels taxable under the Special Motor Fuels Tax Law, § 26-56-101 et seq., which latter invoices or receipts shall show the same information as to date of delivery, quantity, odometer or hub meter mileage, and motor vehicle registration number as is required for the invoice covering alternative fuels. (2) These invoices shall be carried with the motor vehicle until the types of fuels covered thereby have been consumed. (d) The willful issuance of any invoice required by this chapter, bill of sale, or receipt which is false, untrue, or incorrect in any material particular, or the alteration or changing except for errors, or forging any such invoice, bill of sale, or receipt, or any duplicate of any such receipt pertaining to alternative fuels, shall constitute a violation of this chapter. (e) All sales to users made pursuant to § 26-62-203 shall not require the carriage of an invoice by the user, provided that the secretary shall provide by rule another means of providing an indication that the tax on the fuel being utilized to propel the motor vehicle will ultimately be paid by the user to the alternative fuels supplier, who is required to remit such tax to the secretary. Amended by Act 2019, No. 315,§ 3054, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4328, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4327, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4326, eff. 7/1/2019. Acts 1993, No. 1119, § 15.

(a) Every person required by law to secure a license under this chapter shall keep records in the time and manner and subject to inspection and audit as required by the Arkansas Tax Procedure Act, § 26-18-101 et seq., including a complete record of all alternative fuels taxable under this chapter and sold, delivered, or used by the person, showing for each purchase, receipt, sale, delivery, or use: (1) The date; (2) The name and address of the seller from whom the user, interstate user, or IFTA carrier user purchased the fuels and that interstate user or IFTA carrier user's license number; and (3) An accurate record of the number of gallons equivalent of alternative fuels sold or used for taxable purposes with quantities measured by a meter.

(1) The date;

(2) The name and address of the seller from whom the user, interstate user, or IFTA carrier user purchased the fuels and that interstate user or IFTA carrier user's license number; and

(3) An accurate record of the number of gallons equivalent of alternative fuels sold or used for taxable purposes with quantities measured by a meter.

(b) (1) For each delivery of alternative fuels directly into the fuel supply tank of a motor vehicle, the required record shall include a serially numbered invoice issued in not less than triplicate counterparts on which shall be printed or stamped with a rubber stamp the name and address of the alternative fuels supplier making such delivery and on which shall be shown, in spaces to be provided on that invoice, the: (A) Date of delivery; (B) Number of equivalent gallons and kind of alternative fuels so delivered; (C) Total mileage recorded on the odometer or hub meter of the motor vehicle into which delivered; and (D) Motor vehicle registration number of the motor vehicle, or the interstate user, or IFTA carrier user's license number, if applicable. (2) The invoice shall reflect that the tax has been paid or accounted for on each of the products delivered. (3) (A) One (1) counterpart of the invoice required by this subsection shall be kept by the alternative fuels supplier making such delivery as a part of his or her record and for the period of time and purposes provided in this chapter. (B) Another counterpart shall be delivered to the operator of the motor vehicle and carried in the cab compartment of the motor vehicle for inspection by the Secretary of the Department of Finance and Administration or his or her representatives until the fuel it covers has been consumed.

(1) For each delivery of alternative fuels directly into the fuel supply tank of a motor vehicle, the required record shall include a serially numbered invoice issued in not less than triplicate counterparts on which shall be printed or stamped with a rubber stamp the name and address of the alternative fuels supplier making such delivery and on which shall be shown, in spaces to be provided on that invoice, the: (A) Date of delivery; (B) Number of equivalent gallons and kind of alternative fuels so delivered; (C) Total mileage recorded on the odometer or hub meter of the motor vehicle into which delivered; and (D) Motor vehicle registration number of the motor vehicle, or the interstate user, or IFTA carrier user's license number, if applicable.

(A) Date of delivery;

(B) Number of equivalent gallons and kind of alternative fuels so delivered;

(C) Total mileage recorded on the odometer or hub meter of the motor vehicle into which delivered; and

(D) Motor vehicle registration number of the motor vehicle, or the interstate user, or IFTA carrier user's license number, if applicable.

(2) The invoice shall reflect that the tax has been paid or accounted for on each of the products delivered.

(3) (A) One (1) counterpart of the invoice required by this subsection shall be kept by the alternative fuels supplier making such delivery as a part of his or her record and for the period of time and purposes provided in this chapter. (B) Another counterpart shall be delivered to the operator of the motor vehicle and carried in the cab compartment of the motor vehicle for inspection by the Secretary of the Department of Finance and Administration or his or her representatives until the fuel it covers has been consumed.

(A) One (1) counterpart of the invoice required by this subsection shall be kept by the alternative fuels supplier making such delivery as a part of his or her record and for the period of time and purposes provided in this chapter.

(B) Another counterpart shall be delivered to the operator of the motor vehicle and carried in the cab compartment of the motor vehicle for inspection by the Secretary of the Department of Finance and Administration or his or her representatives until the fuel it covers has been consumed.

(c) (1) Every person who operates a motor vehicle that is equipped to use motor fuels taxable under the Motor Fuel Tax Law, § 26-55-201 et seq., or equipped to use distillate special fuels taxable under the Special Motor Fuels Tax Law, § 26-56-101 et seq., and alternative fuels interchangeably in the propulsion of the motor vehicle shall carry in the cab compartment of the motor vehicle for inspection by the secretary or his or her representative not only the counterpart of the serially numbered invoice required under subsection (b) of this section for the delivery of alternative fuels into the fuel supply tanks of the motor vehicle but also an invoice or receipt from the seller for each delivery into the fuel supply tanks of the motor vehicle of motor fuels taxable under the Motor Fuel Tax Law, § 26-55-201 et seq., or of distillate special fuels taxable under the Special Motor Fuels Tax Law, § 26-56-101 et seq., which latter invoices or receipts shall show the same information as to date of delivery, quantity, odometer or hub meter mileage, and motor vehicle registration number as is required for the invoice covering alternative fuels. (2) These invoices shall be carried with the motor vehicle until the types of fuels covered thereby have been consumed.

(1) Every person who operates a motor vehicle that is equipped to use motor fuels taxable under the Motor Fuel Tax Law, § 26-55-201 et seq., or equipped to use distillate special fuels taxable under the Special Motor Fuels Tax Law, § 26-56-101 et seq., and alternative fuels interchangeably in the propulsion of the motor vehicle shall carry in the cab compartment of the motor vehicle for inspection by the secretary or his or her representative not only the counterpart of the serially numbered invoice required under subsection (b) of this section for the delivery of alternative fuels into the fuel supply tanks of the motor vehicle but also an invoice or receipt from the seller for each delivery into the fuel supply tanks of the motor vehicle of motor fuels taxable under the Motor Fuel Tax Law, § 26-55-201 et seq., or of distillate special fuels taxable under the Special Motor Fuels Tax Law, § 26-56-101 et seq., which latter invoices or receipts shall show the same information as to date of delivery, quantity, odometer or hub meter mileage, and motor vehicle registration number as is required for the invoice covering alternative fuels.

(2) These invoices shall be carried with the motor vehicle until the types of fuels covered thereby have been consumed.

(d) The willful issuance of any invoice required by this chapter, bill of sale, or receipt which is false, untrue, or incorrect in any material particular, or the alteration or changing except for errors, or forging any such invoice, bill of sale, or receipt, or any duplicate of any such receipt pertaining to alternative fuels, shall constitute a violation of this chapter.

(e) All sales to users made pursuant to § 26-62-203 shall not require the carriage of an invoice by the user, provided that the secretary shall provide by rule another means of providing an indication that the tax on the fuel being utilized to propel the motor vehicle will ultimately be paid by the user to the alternative fuels supplier, who is required to remit such tax to the secretary.

Amended by Act 2019, No. 315,§ 3054, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4328, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4327, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4326, eff. 7/1/2019.

Acts 1993, No. 1119, § 15.
Ark. Code Ann. § 26-36-313 — AR Code / Title 26 / Chapter 36 / Subchapter 3 / Section 26-36-313
Notice of final setoff
Status: in_force

Upon the finalization of setoff under the provisions of this subchapter, the Revenue Division of the Department of Finance and Administration shall notify the debtor in writing of the action taken along with an accounting of the action taken on any refund. If there is an outstanding balance after setoff, the notice under this section shall accompany the balance when disbursed. Acts 1983, No. 372, § 11; A.S.A. 1947, § 84-4911.

Upon the finalization of setoff under the provisions of this subchapter, the Revenue Division of the Department of Finance and Administration shall notify the debtor in writing of the action taken along with an accounting of the action taken on any refund. If there is an outstanding balance after setoff, the notice under this section shall accompany the balance when disbursed.

Acts 1983, No. 372, § 11; A.S.A. 1947, § 84-4911.
Ark. Code Ann. § 26-56-219 — AR Code / Title 26 / Chapter 56 / Subchapter 2 / Section 26-56-219
Cargo tank-to-carburetor connections unlawful - Penalties
Status: in_force

(a) It is unlawful to transport distillate special fuel within the State of Arkansas in any cargo tank from which distillate special fuel is sold or delivered which has a connection by pipe, tube, valve, or otherwise with the carburetor or with the fuel supply tank feeding the carburetor of the motor vehicle transporting the products. (b) (1) In addition to any other penalties which may be incurred there is levied a specific penalty of twenty-five dollars ($25.00) for each violation of the provisions of this section. (2) This penalty shall be assessed by the Secretary of the Department of Finance and Administration or his or her representative and shall be collected in the same manner as is provided for the collection of tax in § 26-56-216 . Amended by Act 2019, No. 910,§ 4057, eff. 7/1/2019. Acts 1965 (1st Ex. Sess.), No. 40, ch. 2, § 13; A.S.A. 1947, § 75-1253.

(a) It is unlawful to transport distillate special fuel within the State of Arkansas in any cargo tank from which distillate special fuel is sold or delivered which has a connection by pipe, tube, valve, or otherwise with the carburetor or with the fuel supply tank feeding the carburetor of the motor vehicle transporting the products.

(b) (1) In addition to any other penalties which may be incurred there is levied a specific penalty of twenty-five dollars ($25.00) for each violation of the provisions of this section. (2) This penalty shall be assessed by the Secretary of the Department of Finance and Administration or his or her representative and shall be collected in the same manner as is provided for the collection of tax in § 26-56-216 .

(1) In addition to any other penalties which may be incurred there is levied a specific penalty of twenty-five dollars ($25.00) for each violation of the provisions of this section.

(2) This penalty shall be assessed by the Secretary of the Department of Finance and Administration or his or her representative and shall be collected in the same manner as is provided for the collection of tax in § 26-56-216 .

Amended by Act 2019, No. 910,§ 4057, eff. 7/1/2019.

Acts 1965 (1st Ex. Sess.), No. 40, ch. 2, § 13; A.S.A. 1947, § 75-1253.
Ark. Code Ann. § 26-37-206 — AR Code / Title 26 / Chapter 37 / Subchapter 2 / Section 26-37-206
Void sales
Status: in_force

If the taxes charged on any land or lot, or part thereof, are regularly paid, and the land or lot erroneously returned delinquent and sold for taxes, the sale of the land or lot shall be void and the money paid by the purchaser at such a void sale shall be returned to him or her by the officer having the money in charge, on the order of the county court that the land was erroneously returned delinquent and sold for taxes. Acts 1883, No. 114, § 210, p. 199; C. & M. Dig., § 10181; Pope's Dig., § 13964; A.S.A. 1947, § 84-1116.

If the taxes charged on any land or lot, or part thereof, are regularly paid, and the land or lot erroneously returned delinquent and sold for taxes, the sale of the land or lot shall be void and the money paid by the purchaser at such a void sale shall be returned to him or her by the officer having the money in charge, on the order of the county court that the land was erroneously returned delinquent and sold for taxes.

Acts 1883, No. 114, § 210, p. 199; C. & M. Dig., § 10181; Pope's Dig., § 13964; A.S.A. 1947, § 84-1116.
Ark. Code Ann. § 26-65-107 — AR Code / Title 26 / Chapter 65 / Section 26-65-107
Required annual payment - Definition
Status: in_force

(a) As used in this section, "required annual payment" means the lesser of: (1) Ninety percent (90%) of the tax due under this chapter for the taxable year; or (2) If the affected business entity filed a return for the preceding taxable year, one hundred percent (100%) of the tax due under this chapter as reported on that return. (b) (1) An affected business entity that is required to pay tax under this chapter shall make a required annual payment each taxable year in four (4) estimated installments on the fifteenth day of the: (A) Fourth month of the taxable year; (B) Sixth month of the taxable year; (C) Ninth month of the taxable year; and (D) First month of the next-succeeding taxable year. (2) An affected business entity may elect to pay a required installment payment under this subsection before the date specified in subdivision (b)(1) of this section. (3) Except as otherwise provided in this section, the amount of each installment payment required under this subsection shall be twenty-five percent (25%) of the required annual payment. (c) (1) If an affected business entity establishes that the affected business entity's annualized income installment calculated under subdivision (c)(3) of this section is less than the required annual payment, the required installment payment under this section is the annualized income installment. (2) However, an affected business entity shall recapture a reduction in a required installment payment resulting under subdivision (c)(1) of this section by increasing: (A) The amount of the next required installment payment by the amount of the reduction; and (B) Subsequent required installment payments to the extent the reduction was not previously recaptured under this subsection. (3) The annualized income installment under this section is the difference between: (A) The product of: (i) The tax imposed under this chapter for the taxable year that would be due if income subject to the tax imposed under this chapter for the months in the taxable year ending before the due date of the installment were annualized; and (ii) The following percentage: (a) For the first required installment payment, twenty-two and five-tenths percent (22.5%); (b) For the second required installment payment, forty-five percent (45%); (c) For the third required installment payment, sixty-seven and five-tenths percent (67.5%); and (d) For the fourth required installment payment, ninety percent (90%); and (B) The aggregate amount of any prior required installments for the taxable year. (d) (1) Except as otherwise provided in this section, if an affected business entity makes an underpayment of estimated tax under this section, the penalties and interest provided for under § 26-18-208 shall be added to the tax imposed under this chapter. (2) The amount of an underpayment under this subsection is the amount by which the required installment exceeds the amount, if any, of the installment paid on or before the due date of the installment. (3) A payment of estimated tax under this section shall be credited against unpaid or underpaid required installments in the order in which the installments are required to be paid. (e) Payment of the estimated tax under this section or any required installment of estimated tax is a payment on account of the tax imposed under this chapter. Added by Act 2021, No. 362,§ 2, eff. for tax years beginning on or after 1/1/2022..

(a) As used in this section, "required annual payment" means the lesser of: (1) Ninety percent (90%) of the tax due under this chapter for the taxable year; or (2) If the affected business entity filed a return for the preceding taxable year, one hundred percent (100%) of the tax due under this chapter as reported on that return.

(1) Ninety percent (90%) of the tax due under this chapter for the taxable year; or

(2) If the affected business entity filed a return for the preceding taxable year, one hundred percent (100%) of the tax due under this chapter as reported on that return.

(b) (1) An affected business entity that is required to pay tax under this chapter shall make a required annual payment each taxable year in four (4) estimated installments on the fifteenth day of the: (A) Fourth month of the taxable year; (B) Sixth month of the taxable year; (C) Ninth month of the taxable year; and (D) First month of the next-succeeding taxable year. (2) An affected business entity may elect to pay a required installment payment under this subsection before the date specified in subdivision (b)(1) of this section. (3) Except as otherwise provided in this section, the amount of each installment payment required under this subsection shall be twenty-five percent (25%) of the required annual payment.

(1) An affected business entity that is required to pay tax under this chapter shall make a required annual payment each taxable year in four (4) estimated installments on the fifteenth day of the: (A) Fourth month of the taxable year; (B) Sixth month of the taxable year; (C) Ninth month of the taxable year; and (D) First month of the next-succeeding taxable year.

(A) Fourth month of the taxable year;

(B) Sixth month of the taxable year;

(C) Ninth month of the taxable year; and

(D) First month of the next-succeeding taxable year.

(2) An affected business entity may elect to pay a required installment payment under this subsection before the date specified in subdivision (b)(1) of this section.

(3) Except as otherwise provided in this section, the amount of each installment payment required under this subsection shall be twenty-five percent (25%) of the required annual payment.

(c) (1) If an affected business entity establishes that the affected business entity's annualized income installment calculated under subdivision (c)(3) of this section is less than the required annual payment, the required installment payment under this section is the annualized income installment. (2) However, an affected business entity shall recapture a reduction in a required installment payment resulting under subdivision (c)(1) of this section by increasing: (A) The amount of the next required installment payment by the amount of the reduction; and (B) Subsequent required installment payments to the extent the reduction was not previously recaptured under this subsection. (3) The annualized income installment under this section is the difference between: (A) The product of: (i) The tax imposed under this chapter for the taxable year that would be due if income subject to the tax imposed under this chapter for the months in the taxable year ending before the due date of the installment were annualized; and (ii) The following percentage: (a) For the first required installment payment, twenty-two and five-tenths percent (22.5%); (b) For the second required installment payment, forty-five percent (45%); (c) For the third required installment payment, sixty-seven and five-tenths percent (67.5%); and (d) For the fourth required installment payment, ninety percent (90%); and (B) The aggregate amount of any prior required installments for the taxable year.

(1) If an affected business entity establishes that the affected business entity's annualized income installment calculated under subdivision (c)(3) of this section is less than the required annual payment, the required installment payment under this section is the annualized income installment.

(2) However, an affected business entity shall recapture a reduction in a required installment payment resulting under subdivision (c)(1) of this section by increasing: (A) The amount of the next required installment payment by the amount of the reduction; and (B) Subsequent required installment payments to the extent the reduction was not previously recaptured under this subsection.

(A) The amount of the next required installment payment by the amount of the reduction; and

(B) Subsequent required installment payments to the extent the reduction was not previously recaptured under this subsection.

(3) The annualized income installment under this section is the difference between: (A) The product of: (i) The tax imposed under this chapter for the taxable year that would be due if income subject to the tax imposed under this chapter for the months in the taxable year ending before the due date of the installment were annualized; and (ii) The following percentage: (a) For the first required installment payment, twenty-two and five-tenths percent (22.5%); (b) For the second required installment payment, forty-five percent (45%); (c) For the third required installment payment, sixty-seven and five-tenths percent (67.5%); and (d) For the fourth required installment payment, ninety percent (90%); and (B) The aggregate amount of any prior required installments for the taxable year.

(A) The product of: (i) The tax imposed under this chapter for the taxable year that would be due if income subject to the tax imposed under this chapter for the months in the taxable year ending before the due date of the installment were annualized; and (ii) The following percentage: (a) For the first required installment payment, twenty-two and five-tenths percent (22.5%); (b) For the second required installment payment, forty-five percent (45%); (c) For the third required installment payment, sixty-seven and five-tenths percent (67.5%); and (d) For the fourth required installment payment, ninety percent (90%); and

(i) The tax imposed under this chapter for the taxable year that would be due if income subject to the tax imposed under this chapter for the months in the taxable year ending before the due date of the installment were annualized; and

(ii) The following percentage: (a) For the first required installment payment, twenty-two and five-tenths percent (22.5%); (b) For the second required installment payment, forty-five percent (45%); (c) For the third required installment payment, sixty-seven and five-tenths percent (67.5%); and (d) For the fourth required installment payment, ninety percent (90%); and

(a) For the first required installment payment, twenty-two and five-tenths percent (22.5%);

(b) For the second required installment payment, forty-five percent (45%);

(c) For the third required installment payment, sixty-seven and five-tenths percent (67.5%); and

(d) For the fourth required installment payment, ninety percent (90%); and

(B) The aggregate amount of any prior required installments for the taxable year.

(d) (1) Except as otherwise provided in this section, if an affected business entity makes an underpayment of estimated tax under this section, the penalties and interest provided for under § 26-18-208 shall be added to the tax imposed under this chapter. (2) The amount of an underpayment under this subsection is the amount by which the required installment exceeds the amount, if any, of the installment paid on or before the due date of the installment. (3) A payment of estimated tax under this section shall be credited against unpaid or underpaid required installments in the order in which the installments are required to be paid.

(1) Except as otherwise provided in this section, if an affected business entity makes an underpayment of estimated tax under this section, the penalties and interest provided for under § 26-18-208 shall be added to the tax imposed under this chapter.

(2) The amount of an underpayment under this subsection is the amount by which the required installment exceeds the amount, if any, of the installment paid on or before the due date of the installment.

(3) A payment of estimated tax under this section shall be credited against unpaid or underpaid required installments in the order in which the installments are required to be paid.

(e) Payment of the estimated tax under this section or any required installment of estimated tax is a payment on account of the tax imposed under this chapter.

Added by Act 2021, No. 362,§ 2, eff. for tax years beginning on or after 1/1/2022..
Ark. Code Ann. § 26-54-104 — AR Code / Title 26 / Chapter 54 / Section 26-54-104
Annual franchise tax
Status: in_force

(a) Unless exempted under § 26-54-105 , every corporation shall file an annual franchise tax report and pay an annual franchise tax as follows: (1) (A) Each life, fire, accident, surety, liability, steam boiler, tornado, health, or other kind of insurance company of whatever nature, having an outstanding capital stock of less than five hundred thousand dollars ($500,000) shall pay three hundred dollars ($300). (B) Each company having an outstanding capital stock of five hundred thousand dollars ($500,000) or more shall pay four hundred dollars ($400); (2) (A) Each legal reserve mutual insurance corporation having assets of less than one hundred million dollars ($100,000,000) shall pay three hundred dollars ($300). (B) Each corporation having assets of one hundred million dollars ($100,000,000) or more shall pay four hundred dollars ($400); (3) Each mutual assessment insurance corporation shall pay three hundred dollars ($300); (4) (A) Each mortgage loan corporation shall pay an amount equivalent to three-tenths of one percent (0.3%) of that proportion of the par value of its outstanding capital stock that its aggregate outstanding loans made in Arkansas bears to the total aggregate outstanding loans made in all states. (B) No corporation shall pay an annual tax of less than three hundred dollars ($300); (5) Each corporation, other than those in subdivisions (2)-(4) of this section, without authorized capital stock shall pay three hundred dollars ($300); (6) (A) Each corporation, other than those in subdivisions (1)-(5) of this section, shall pay an amount equivalent to three-tenths of one percent (0.3%) of that proportion of the par value of its outstanding capital stock that the value of its real and personal property in Arkansas bears to the total value of the real and personal property of the corporation. (B) No corporation shall pay an annual tax of less than one hundred fifty dollars ($150); (7) Each corporation actually and actively in the process of liquidation and which does not rent or lease its property but which retains its corporate charter or authority for the sole purpose of winding up its affairs shall pay an annual tax as provided in subdivision (6) of this section or an amount equivalent to three-tenths of one percent (0.3%) of the value of its real and tangible personal property in Arkansas, whichever is smaller, but in no instance shall the tax be less than one hundred fifty dollars ($150); and (8) An organization formed pursuant to the Uniform Limited Liability Company Act, § 4-38-101 et seq., shall pay the minimum franchise tax. (b) (1) In addition to the filing fees prescribed by law, the Secretary of State shall collect a processing fee for each document required under this chapter when delivered by electronic means. (2) The processing fee collected by the Secretary of State under subdivision (b)(1) of this section shall be: (A) Four dollars ($4.00) when the filing fee is fifty dollars ($50.00) or less; (B) Five dollars ($5.00) when the filing fee is between fifty-one dollars ($51.00) and one hundred sixty-seven dollars ($167); and (C) Three percent (3%) of the total amount of the filing fee if the filing fee is more than one hundred sixty-seven dollars ($167). Amended by Act 2023, No. 459,§ 5, eff. 8/1/2023. Amended by Act 2021, No. 1041,§ 34, eff. 7/28/2021. Acts 1979, No. 889, § 3; 1983, No. 863, § 1; A.S.A. 1947, § 84-1835; Acts 1987 (1st Ex. Sess.), No. 29, § 1; 1993, No. 1285, §§ 3, 4; 1997, No. 479, § 9; 1997, No. 1104, § 3; 2003 (2nd Ex. Sess.), No. 94, § 1.

(a) Unless exempted under § 26-54-105 , every corporation shall file an annual franchise tax report and pay an annual franchise tax as follows: (1) (A) Each life, fire, accident, surety, liability, steam boiler, tornado, health, or other kind of insurance company of whatever nature, having an outstanding capital stock of less than five hundred thousand dollars ($500,000) shall pay three hundred dollars ($300). (B) Each company having an outstanding capital stock of five hundred thousand dollars ($500,000) or more shall pay four hundred dollars ($400); (2) (A) Each legal reserve mutual insurance corporation having assets of less than one hundred million dollars ($100,000,000) shall pay three hundred dollars ($300). (B) Each corporation having assets of one hundred million dollars ($100,000,000) or more shall pay four hundred dollars ($400); (3) Each mutual assessment insurance corporation shall pay three hundred dollars ($300); (4) (A) Each mortgage loan corporation shall pay an amount equivalent to three-tenths of one percent (0.3%) of that proportion of the par value of its outstanding capital stock that its aggregate outstanding loans made in Arkansas bears to the total aggregate outstanding loans made in all states. (B) No corporation shall pay an annual tax of less than three hundred dollars ($300); (5) Each corporation, other than those in subdivisions (2)-(4) of this section, without authorized capital stock shall pay three hundred dollars ($300); (6) (A) Each corporation, other than those in subdivisions (1)-(5) of this section, shall pay an amount equivalent to three-tenths of one percent (0.3%) of that proportion of the par value of its outstanding capital stock that the value of its real and personal property in Arkansas bears to the total value of the real and personal property of the corporation. (B) No corporation shall pay an annual tax of less than one hundred fifty dollars ($150); (7) Each corporation actually and actively in the process of liquidation and which does not rent or lease its property but which retains its corporate charter or authority for the sole purpose of winding up its affairs shall pay an annual tax as provided in subdivision (6) of this section or an amount equivalent to three-tenths of one percent (0.3%) of the value of its real and tangible personal property in Arkansas, whichever is smaller, but in no instance shall the tax be less than one hundred fifty dollars ($150); and (8) An organization formed pursuant to the Uniform Limited Liability Company Act, § 4-38-101 et seq., shall pay the minimum franchise tax.

(1) (A) Each life, fire, accident, surety, liability, steam boiler, tornado, health, or other kind of insurance company of whatever nature, having an outstanding capital stock of less than five hundred thousand dollars ($500,000) shall pay three hundred dollars ($300). (B) Each company having an outstanding capital stock of five hundred thousand dollars ($500,000) or more shall pay four hundred dollars ($400);

(A) Each life, fire, accident, surety, liability, steam boiler, tornado, health, or other kind of insurance company of whatever nature, having an outstanding capital stock of less than five hundred thousand dollars ($500,000) shall pay three hundred dollars ($300).

(B) Each company having an outstanding capital stock of five hundred thousand dollars ($500,000) or more shall pay four hundred dollars ($400);

(2) (A) Each legal reserve mutual insurance corporation having assets of less than one hundred million dollars ($100,000,000) shall pay three hundred dollars ($300). (B) Each corporation having assets of one hundred million dollars ($100,000,000) or more shall pay four hundred dollars ($400);

(A) Each legal reserve mutual insurance corporation having assets of less than one hundred million dollars ($100,000,000) shall pay three hundred dollars ($300).

(B) Each corporation having assets of one hundred million dollars ($100,000,000) or more shall pay four hundred dollars ($400);

(3) Each mutual assessment insurance corporation shall pay three hundred dollars ($300);

(4) (A) Each mortgage loan corporation shall pay an amount equivalent to three-tenths of one percent (0.3%) of that proportion of the par value of its outstanding capital stock that its aggregate outstanding loans made in Arkansas bears to the total aggregate outstanding loans made in all states. (B) No corporation shall pay an annual tax of less than three hundred dollars ($300);

(A) Each mortgage loan corporation shall pay an amount equivalent to three-tenths of one percent (0.3%) of that proportion of the par value of its outstanding capital stock that its aggregate outstanding loans made in Arkansas bears to the total aggregate outstanding loans made in all states.

(B) No corporation shall pay an annual tax of less than three hundred dollars ($300);

(5) Each corporation, other than those in subdivisions (2)-(4) of this section, without authorized capital stock shall pay three hundred dollars ($300);

(6) (A) Each corporation, other than those in subdivisions (1)-(5) of this section, shall pay an amount equivalent to three-tenths of one percent (0.3%) of that proportion of the par value of its outstanding capital stock that the value of its real and personal property in Arkansas bears to the total value of the real and personal property of the corporation. (B) No corporation shall pay an annual tax of less than one hundred fifty dollars ($150);

(A) Each corporation, other than those in subdivisions (1)-(5) of this section, shall pay an amount equivalent to three-tenths of one percent (0.3%) of that proportion of the par value of its outstanding capital stock that the value of its real and personal property in Arkansas bears to the total value of the real and personal property of the corporation.

(B) No corporation shall pay an annual tax of less than one hundred fifty dollars ($150);

(7) Each corporation actually and actively in the process of liquidation and which does not rent or lease its property but which retains its corporate charter or authority for the sole purpose of winding up its affairs shall pay an annual tax as provided in subdivision (6) of this section or an amount equivalent to three-tenths of one percent (0.3%) of the value of its real and tangible personal property in Arkansas, whichever is smaller, but in no instance shall the tax be less than one hundred fifty dollars ($150); and

(8) An organization formed pursuant to the Uniform Limited Liability Company Act, § 4-38-101 et seq., shall pay the minimum franchise tax.

(b) (1) In addition to the filing fees prescribed by law, the Secretary of State shall collect a processing fee for each document required under this chapter when delivered by electronic means. (2) The processing fee collected by the Secretary of State under subdivision (b)(1) of this section shall be: (A) Four dollars ($4.00) when the filing fee is fifty dollars ($50.00) or less; (B) Five dollars ($5.00) when the filing fee is between fifty-one dollars ($51.00) and one hundred sixty-seven dollars ($167); and (C) Three percent (3%) of the total amount of the filing fee if the filing fee is more than one hundred sixty-seven dollars ($167).

(1) In addition to the filing fees prescribed by law, the Secretary of State shall collect a processing fee for each document required under this chapter when delivered by electronic means.

(2) The processing fee collected by the Secretary of State under subdivision (b)(1) of this section shall be: (A) Four dollars ($4.00) when the filing fee is fifty dollars ($50.00) or less; (B) Five dollars ($5.00) when the filing fee is between fifty-one dollars ($51.00) and one hundred sixty-seven dollars ($167); and (C) Three percent (3%) of the total amount of the filing fee if the filing fee is more than one hundred sixty-seven dollars ($167).

(A) Four dollars ($4.00) when the filing fee is fifty dollars ($50.00) or less;

(B) Five dollars ($5.00) when the filing fee is between fifty-one dollars ($51.00) and one hundred sixty-seven dollars ($167); and

(C) Three percent (3%) of the total amount of the filing fee if the filing fee is more than one hundred sixty-seven dollars ($167).

Amended by Act 2023, No. 459,§ 5, eff. 8/1/2023.

Amended by Act 2021, No. 1041,§ 34, eff. 7/28/2021.

Acts 1979, No. 889, § 3; 1983, No. 863, § 1; A.S.A. 1947, § 84-1835; Acts 1987 (1st Ex. Sess.), No. 29, § 1; 1993, No. 1285, §§ 3, 4; 1997, No. 479, § 9; 1997, No. 1104, § 3; 2003 (2nd Ex. Sess.), No. 94, § 1.
Ark. Code Ann. § 26-60-106 — AR Code / Title 26 / Chapter 60 / Section 26-60-106
Payment of tax
Status: in_force

The tax levied by this chapter: (1) Applies at the time of transfer; (2) Shall be computed on the basis of the full consideration for the real estate transferred; and (3) Unless agreed upon otherwise, shall be paid one-half (1/2) by the grantor or seller and one-half (1/2) by the grantee or purchaser. Acts 1971, No. 275, § 3; 1983, No. 754, § 2; 1985, No. 926, § 2; 1985, No. 1081, § 1; 1985, No. 1063, § 1; A.S.A. 1947, § 84-4303; Acts 1995, No. 383, § 1.

The tax levied by this chapter:

(1) Applies at the time of transfer;

(2) Shall be computed on the basis of the full consideration for the real estate transferred; and

(3) Unless agreed upon otherwise, shall be paid one-half (1/2) by the grantor or seller and one-half (1/2) by the grantee or purchaser.

Acts 1971, No. 275, § 3; 1983, No. 754, § 2; 1985, No. 926, § 2; 1985, No. 1081, § 1; 1985, No. 1063, § 1; A.S.A. 1947, § 84-4303; Acts 1995, No. 383, § 1.
Ark. Code Ann. § 26-36-311 — AR Code / Title 26 / Chapter 36 / Subchapter 3 / Section 26-36-311
Appeals
Status: in_force

Appeals from action taken at hearing allowed under this subchapter shall be in accordance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq. Acts 1983, No. 372, § 9; A.S.A. 1947, § 84-4909.

Appeals from action taken at hearing allowed under this subchapter shall be in accordance with the provisions of the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

Acts 1983, No. 372, § 9; A.S.A. 1947, § 84-4909.
Ark. Code Ann. § 26-53-149 — AR Code / Title 26 / Chapter 53 / Subchapter 1 / Section 26-53-149
Partial replacement and repair of certain machinery and equipment - Definitions
Status: in_force

(a) The taxes levied under §§ 26-53-106 and 26-53-107 on the privilege of storing, using, distributing, or consuming the following within this state are subject to a refund or exemption as provided in this section: (1) Machinery and equipment purchased to modify, replace, repair, or maintain, either in whole or in part, existing machinery or equipment used directly in producing, manufacturing, fabricating, assembling, processing, finishing, or packaging articles of commerce at a manufacturing or processing plant or facility in this state; (2) Service relating to the initial installation, alteration, addition, cleaning, refinishing, replacement, or repair of machinery or equipment described in subdivision (a)(1) of this section; (3) Machinery and equipment purchased to modify, replace, or repair, either in whole or in part, existing molds and dies used directly in producing, manufacturing, fabricating, assembling, processing, finishing, or packaging articles of commerce at a manufacturing or processing plant or facility in this state; and (4) (A) Except as provided in subdivision (a)(4)(B) of this section, machinery and equipment purchased for use or possible use by a taxpayer for a purpose described in subdivisions (a)(1)-(3) of this section and placed in inventory for later use by the taxpayer for a purpose described in subdivisions (a)(1)-(3) of this section. (B) (i) As used in this subdivision (a)(4)(B), "withdrawal from inventory" means the withdrawal or use of machinery or equipment held under subdivision (a)(4)(A) of this section by a taxpayer for a purpose that does not qualify for an exemption under this section or any other applicable exemption at the time of the withdrawal from inventory. (ii) A withdrawal from inventory is not eligible for the exemption provided under this section. (iii) For purposes of calculating the compensating use tax under subdivision (a)(4)(B)(iv) of this section, the gross receipts or gross proceeds for a withdrawal from inventory is the purchase price of the machinery or equipment withdrawn. (iv) Tax is due on a withdrawal from inventory at the time the withdrawal from inventory occurs. (b) (1) Beginning July 1, 2014, the taxes levied under §§ 26-53-106 and 26-53-107 that are subject to a refund under this section are the taxes in excess of four and seven-eighths percent (4.875%). (2) The taxes levied under §§ 26-53-106 and 26-53-107 that are subject to a refund under this section are the taxes in excess of the following rates: (A) Beginning July 1, 2018, three and seven-eighths percent (3.875%); (B) Beginning July 1, 2019, two and seven-eighths percent (2.875%); (C) Beginning July 1, 2020, one and seven-eighths percent (1.875%); and (D) Beginning July 1, 2021, seven-eighths percent (0.875%). (3) Beginning July 1, 2022, purchases qualifying for the tax refund under this section are exempt from the taxes levied under this chapter. (c) The excise tax of one-eighth of one percent (0.125%) levied in Arkansas Constitution, Amendment 75, the temporary excise tax of one-half percent (0.5%) levied in Arkansas Constitution, Amendment 91, and the excise tax of one-half percent (0.5%) levied in Arkansas Constitution, Amendment 101, are not subject to refund under this section. (d) As used in this section: (1) "Manufacturing" or "processing" means the same as defined under § 26-53-114(b) and includes activities described in subsection (a) of this section, both independently and collectively; and (2) "Used directly" means the same as defined under § 26-53-114(c) . (e) All existing excise tax exemptions, including without limitation exemptions under §§ 26-52-402 and 26-53-114 , remain in full force and effect and are not limited by this section. (f) A taxpayer may claim the benefit of the tax refund under this section only by using one (1) of the following methods: (1) (A) Both: (i) Obtaining a direct pay or a limited direct pay sales and use tax permit from the Department of Finance and Administration; and (ii) Self-refunding: (a) At the time the taxpayer files his or her original sales and use tax report; or (b) By later filing an amended sales or use tax report with the department. (B) The statutes of limitation stated in § 26-18-306 apply to claims made under this subdivision (f)(1). (C) Interest shall not accrue or be paid on a refund claimed under this subdivision (f)(1); or (2) (A) Beginning July 1, 2018, for a taxpayer that does not hold a direct pay or limited direct pay permit, holds an active Arkansas sales and use tax permit, and files sales and use tax reports with the department, filing a claim for the credit or rebate with the department. (B) (i) The credit or rebate authorized under this subdivision (f)(2) shall be obtained only by offsetting the amount of the claimed credit or rebate against the state tax to be remitted with the taxpayer's sales and use tax reports. (ii) If the total amount of the credit or rebate authorized under this subdivision (f)(2) is greater than the amount of the state tax to be remitted with the taxpayer's sales and use tax reports, the taxpayer is entitled to a refund of the difference between the amount of the tax owed and the amount of the credit or rebate authorized under this subdivision (f)(2). (C) A taxpayer claiming a credit or rebate under this subdivision (f)(2) shall electronically file all sales and use tax reports. (D) A claim for credit or rebate under this subdivision (f)(2) shall not be paid for a claim filed more than one (1) year following the date of the qualifying purchase or more than one (1) year following the date of payment, whichever is later. (E) Interest shall not accrue or be paid on an amount subject to a claim for a credit or rebate under this subdivision (f)(2). (g) A claim for a credit or rebate shall not be paid under subdivision (f)(2) of this section for a purchase made before July 1, 2018. (h) A taxpayer shall not claim the benefit of the refund under this section by filing a verified claim for refund with the department. (i) The following provisions of the Arkansas Tax Procedure Act, § 26-18-101 et seq., apply to claims for a refund under this section: (1) The time limitations that apply to claims for a refund of an overpayment of state tax; and (2) The procedures that apply to the disallowance or proposed disallowance of claims for a refund. Amended by Act 2023, No. 646,§ 3, eff. 10/1/2023. Amended by Act 2023, No. 130,§ 4, eff. 2/24/2023. Amended by Act 2019, No. 772,§ 2, eff. 10/1/2019. Amended by Act 2017, No. 465,§ 7, eff. 3/13/2017. Amended by Act 2017, No. 465,§ 6, eff. 3/13/2017. Amended by Act 2015, No. 1107,§ 3, eff. 4/6/2015. Added by Act 2013, No. 1404,§ 2, eff. 7/1/2014.

(a) The taxes levied under §§ 26-53-106 and 26-53-107 on the privilege of storing, using, distributing, or consuming the following within this state are subject to a refund or exemption as provided in this section: (1) Machinery and equipment purchased to modify, replace, repair, or maintain, either in whole or in part, existing machinery or equipment used directly in producing, manufacturing, fabricating, assembling, processing, finishing, or packaging articles of commerce at a manufacturing or processing plant or facility in this state; (2) Service relating to the initial installation, alteration, addition, cleaning, refinishing, replacement, or repair of machinery or equipment described in subdivision (a)(1) of this section; (3) Machinery and equipment purchased to modify, replace, or repair, either in whole or in part, existing molds and dies used directly in producing, manufacturing, fabricating, assembling, processing, finishing, or packaging articles of commerce at a manufacturing or processing plant or facility in this state; and (4) (A) Except as provided in subdivision (a)(4)(B) of this section, machinery and equipment purchased for use or possible use by a taxpayer for a purpose described in subdivisions (a)(1)-(3) of this section and placed in inventory for later use by the taxpayer for a purpose described in subdivisions (a)(1)-(3) of this section. (B) (i) As used in this subdivision (a)(4)(B), "withdrawal from inventory" means the withdrawal or use of machinery or equipment held under subdivision (a)(4)(A) of this section by a taxpayer for a purpose that does not qualify for an exemption under this section or any other applicable exemption at the time of the withdrawal from inventory. (ii) A withdrawal from inventory is not eligible for the exemption provided under this section. (iii) For purposes of calculating the compensating use tax under subdivision (a)(4)(B)(iv) of this section, the gross receipts or gross proceeds for a withdrawal from inventory is the purchase price of the machinery or equipment withdrawn. (iv) Tax is due on a withdrawal from inventory at the time the withdrawal from inventory occurs.

(1) Machinery and equipment purchased to modify, replace, repair, or maintain, either in whole or in part, existing machinery or equipment used directly in producing, manufacturing, fabricating, assembling, processing, finishing, or packaging articles of commerce at a manufacturing or processing plant or facility in this state;

(2) Service relating to the initial installation, alteration, addition, cleaning, refinishing, replacement, or repair of machinery or equipment described in subdivision (a)(1) of this section;

(3) Machinery and equipment purchased to modify, replace, or repair, either in whole or in part, existing molds and dies used directly in producing, manufacturing, fabricating, assembling, processing, finishing, or packaging articles of commerce at a manufacturing or processing plant or facility in this state; and

(4) (A) Except as provided in subdivision (a)(4)(B) of this section, machinery and equipment purchased for use or possible use by a taxpayer for a purpose described in subdivisions (a)(1)-(3) of this section and placed in inventory for later use by the taxpayer for a purpose described in subdivisions (a)(1)-(3) of this section. (B) (i) As used in this subdivision (a)(4)(B), "withdrawal from inventory" means the withdrawal or use of machinery or equipment held under subdivision (a)(4)(A) of this section by a taxpayer for a purpose that does not qualify for an exemption under this section or any other applicable exemption at the time of the withdrawal from inventory. (ii) A withdrawal from inventory is not eligible for the exemption provided under this section. (iii) For purposes of calculating the compensating use tax under subdivision (a)(4)(B)(iv) of this section, the gross receipts or gross proceeds for a withdrawal from inventory is the purchase price of the machinery or equipment withdrawn. (iv) Tax is due on a withdrawal from inventory at the time the withdrawal from inventory occurs.

(A) Except as provided in subdivision (a)(4)(B) of this section, machinery and equipment purchased for use or possible use by a taxpayer for a purpose described in subdivisions (a)(1)-(3) of this section and placed in inventory for later use by the taxpayer for a purpose described in subdivisions (a)(1)-(3) of this section.

(B) (i) As used in this subdivision (a)(4)(B), "withdrawal from inventory" means the withdrawal or use of machinery or equipment held under subdivision (a)(4)(A) of this section by a taxpayer for a purpose that does not qualify for an exemption under this section or any other applicable exemption at the time of the withdrawal from inventory. (ii) A withdrawal from inventory is not eligible for the exemption provided under this section. (iii) For purposes of calculating the compensating use tax under subdivision (a)(4)(B)(iv) of this section, the gross receipts or gross proceeds for a withdrawal from inventory is the purchase price of the machinery or equipment withdrawn. (iv) Tax is due on a withdrawal from inventory at the time the withdrawal from inventory occurs.

(i) As used in this subdivision (a)(4)(B), "withdrawal from inventory" means the withdrawal or use of machinery or equipment held under subdivision (a)(4)(A) of this section by a taxpayer for a purpose that does not qualify for an exemption under this section or any other applicable exemption at the time of the withdrawal from inventory.

(ii) A withdrawal from inventory is not eligible for the exemption provided under this section.

(iii) For purposes of calculating the compensating use tax under subdivision (a)(4)(B)(iv) of this section, the gross receipts or gross proceeds for a withdrawal from inventory is the purchase price of the machinery or equipment withdrawn.

(iv) Tax is due on a withdrawal from inventory at the time the withdrawal from inventory occurs.

(b) (1) Beginning July 1, 2014, the taxes levied under §§ 26-53-106 and 26-53-107 that are subject to a refund under this section are the taxes in excess of four and seven-eighths percent (4.875%). (2) The taxes levied under §§ 26-53-106 and 26-53-107 that are subject to a refund under this section are the taxes in excess of the following rates: (A) Beginning July 1, 2018, three and seven-eighths percent (3.875%); (B) Beginning July 1, 2019, two and seven-eighths percent (2.875%); (C) Beginning July 1, 2020, one and seven-eighths percent (1.875%); and (D) Beginning July 1, 2021, seven-eighths percent (0.875%). (3) Beginning July 1, 2022, purchases qualifying for the tax refund under this section are exempt from the taxes levied under this chapter.

(1) Beginning July 1, 2014, the taxes levied under §§ 26-53-106 and 26-53-107 that are subject to a refund under this section are the taxes in excess of four and seven-eighths percent (4.875%).

(2) The taxes levied under §§ 26-53-106 and 26-53-107 that are subject to a refund under this section are the taxes in excess of the following rates: (A) Beginning July 1, 2018, three and seven-eighths percent (3.875%); (B) Beginning July 1, 2019, two and seven-eighths percent (2.875%); (C) Beginning July 1, 2020, one and seven-eighths percent (1.875%); and (D) Beginning July 1, 2021, seven-eighths percent (0.875%).

(A) Beginning July 1, 2018, three and seven-eighths percent (3.875%);

(B) Beginning July 1, 2019, two and seven-eighths percent (2.875%);

(C) Beginning July 1, 2020, one and seven-eighths percent (1.875%); and

(D) Beginning July 1, 2021, seven-eighths percent (0.875%).

(3) Beginning July 1, 2022, purchases qualifying for the tax refund under this section are exempt from the taxes levied under this chapter.

(c) The excise tax of one-eighth of one percent (0.125%) levied in Arkansas Constitution, Amendment 75, the temporary excise tax of one-half percent (0.5%) levied in Arkansas Constitution, Amendment 91, and the excise tax of one-half percent (0.5%) levied in Arkansas Constitution, Amendment 101, are not subject to refund under this section.

(d) As used in this section: (1) "Manufacturing" or "processing" means the same as defined under § 26-53-114(b) and includes activities described in subsection (a) of this section, both independently and collectively; and (2) "Used directly" means the same as defined under § 26-53-114(c) .

(1) "Manufacturing" or "processing" means the same as defined under § 26-53-114(b) and includes activities described in subsection (a) of this section, both independently and collectively; and

(2) "Used directly" means the same as defined under § 26-53-114(c) .

(e) All existing excise tax exemptions, including without limitation exemptions under §§ 26-52-402 and 26-53-114 , remain in full force and effect and are not limited by this section.

(f) A taxpayer may claim the benefit of the tax refund under this section only by using one (1) of the following methods: (1) (A) Both: (i) Obtaining a direct pay or a limited direct pay sales and use tax permit from the Department of Finance and Administration; and (ii) Self-refunding: (a) At the time the taxpayer files his or her original sales and use tax report; or (b) By later filing an amended sales or use tax report with the department. (B) The statutes of limitation stated in § 26-18-306 apply to claims made under this subdivision (f)(1). (C) Interest shall not accrue or be paid on a refund claimed under this subdivision (f)(1); or (2) (A) Beginning July 1, 2018, for a taxpayer that does not hold a direct pay or limited direct pay permit, holds an active Arkansas sales and use tax permit, and files sales and use tax reports with the department, filing a claim for the credit or rebate with the department. (B) (i) The credit or rebate authorized under this subdivision (f)(2) shall be obtained only by offsetting the amount of the claimed credit or rebate against the state tax to be remitted with the taxpayer's sales and use tax reports. (ii) If the total amount of the credit or rebate authorized under this subdivision (f)(2) is greater than the amount of the state tax to be remitted with the taxpayer's sales and use tax reports, the taxpayer is entitled to a refund of the difference between the amount of the tax owed and the amount of the credit or rebate authorized under this subdivision (f)(2). (C) A taxpayer claiming a credit or rebate under this subdivision (f)(2) shall electronically file all sales and use tax reports. (D) A claim for credit or rebate under this subdivision (f)(2) shall not be paid for a claim filed more than one (1) year following the date of the qualifying purchase or more than one (1) year following the date of payment, whichever is later. (E) Interest shall not accrue or be paid on an amount subject to a claim for a credit or rebate under this subdivision (f)(2).

(1) (A) Both: (i) Obtaining a direct pay or a limited direct pay sales and use tax permit from the Department of Finance and Administration; and (ii) Self-refunding: (a) At the time the taxpayer files his or her original sales and use tax report; or (b) By later filing an amended sales or use tax report with the department. (B) The statutes of limitation stated in § 26-18-306 apply to claims made under this subdivision (f)(1). (C) Interest shall not accrue or be paid on a refund claimed under this subdivision (f)(1); or

(A) Both: (i) Obtaining a direct pay or a limited direct pay sales and use tax permit from the Department of Finance and Administration; and (ii) Self-refunding: (a) At the time the taxpayer files his or her original sales and use tax report; or (b) By later filing an amended sales or use tax report with the department.

(i) Obtaining a direct pay or a limited direct pay sales and use tax permit from the Department of Finance and Administration; and

(ii) Self-refunding: (a) At the time the taxpayer files his or her original sales and use tax report; or (b) By later filing an amended sales or use tax report with the department.

(a) At the time the taxpayer files his or her original sales and use tax report; or

(b) By later filing an amended sales or use tax report with the department.

(B) The statutes of limitation stated in § 26-18-306 apply to claims made under this subdivision (f)(1).

(C) Interest shall not accrue or be paid on a refund claimed under this subdivision (f)(1); or

(2) (A) Beginning July 1, 2018, for a taxpayer that does not hold a direct pay or limited direct pay permit, holds an active Arkansas sales and use tax permit, and files sales and use tax reports with the department, filing a claim for the credit or rebate with the department. (B) (i) The credit or rebate authorized under this subdivision (f)(2) shall be obtained only by offsetting the amount of the claimed credit or rebate against the state tax to be remitted with the taxpayer's sales and use tax reports. (ii) If the total amount of the credit or rebate authorized under this subdivision (f)(2) is greater than the amount of the state tax to be remitted with the taxpayer's sales and use tax reports, the taxpayer is entitled to a refund of the difference between the amount of the tax owed and the amount of the credit or rebate authorized under this subdivision (f)(2). (C) A taxpayer claiming a credit or rebate under this subdivision (f)(2) shall electronically file all sales and use tax reports. (D) A claim for credit or rebate under this subdivision (f)(2) shall not be paid for a claim filed more than one (1) year following the date of the qualifying purchase or more than one (1) year following the date of payment, whichever is later. (E) Interest shall not accrue or be paid on an amount subject to a claim for a credit or rebate under this subdivision (f)(2).

(A) Beginning July 1, 2018, for a taxpayer that does not hold a direct pay or limited direct pay permit, holds an active Arkansas sales and use tax permit, and files sales and use tax reports with the department, filing a claim for the credit or rebate with the department.

(B) (i) The credit or rebate authorized under this subdivision (f)(2) shall be obtained only by offsetting the amount of the claimed credit or rebate against the state tax to be remitted with the taxpayer's sales and use tax reports. (ii) If the total amount of the credit or rebate authorized under this subdivision (f)(2) is greater than the amount of the state tax to be remitted with the taxpayer's sales and use tax reports, the taxpayer is entitled to a refund of the difference between the amount of the tax owed and the amount of the credit or rebate authorized under this subdivision (f)(2).

(i) The credit or rebate authorized under this subdivision (f)(2) shall be obtained only by offsetting the amount of the claimed credit or rebate against the state tax to be remitted with the taxpayer's sales and use tax reports.

(ii) If the total amount of the credit or rebate authorized under this subdivision (f)(2) is greater than the amount of the state tax to be remitted with the taxpayer's sales and use tax reports, the taxpayer is entitled to a refund of the difference between the amount of the tax owed and the amount of the credit or rebate authorized under this subdivision (f)(2).

(C) A taxpayer claiming a credit or rebate under this subdivision (f)(2) shall electronically file all sales and use tax reports.

(D) A claim for credit or rebate under this subdivision (f)(2) shall not be paid for a claim filed more than one (1) year following the date of the qualifying purchase or more than one (1) year following the date of payment, whichever is later.

(E) Interest shall not accrue or be paid on an amount subject to a claim for a credit or rebate under this subdivision (f)(2).

(g) A claim for a credit or rebate shall not be paid under subdivision (f)(2) of this section for a purchase made before July 1, 2018.

(h) A taxpayer shall not claim the benefit of the refund under this section by filing a verified claim for refund with the department.

(i) The following provisions of the Arkansas Tax Procedure Act, § 26-18-101 et seq., apply to claims for a refund under this section: (1) The time limitations that apply to claims for a refund of an overpayment of state tax; and (2) The procedures that apply to the disallowance or proposed disallowance of claims for a refund.

(1) The time limitations that apply to claims for a refund of an overpayment of state tax; and

(2) The procedures that apply to the disallowance or proposed disallowance of claims for a refund.

Amended by Act 2023, No. 646,§ 3, eff. 10/1/2023.

Amended by Act 2023, No. 130,§ 4, eff. 2/24/2023.

Amended by Act 2019, No. 772,§ 2, eff. 10/1/2019.

Amended by Act 2017, No. 465,§ 7, eff. 3/13/2017.

Amended by Act 2017, No. 465,§ 6, eff. 3/13/2017.

Amended by Act 2015, No. 1107,§ 3, eff. 4/6/2015.

Added by Act 2013, No. 1404,§ 2, eff. 7/1/2014.
Ark. Code Ann. § 26-55-208 — AR Code / Title 26 / Chapter 55 / Subchapter 2 / Section 26-55-208
Sale of motor fuel exempt from sales or gross receipts tax
Status: in_force

No person selling motor fuel shall be liable to the State of Arkansas for any tax with respect to the sale thereof under the provisions of any sales or gross receipts tax acts of the State of Arkansas. Acts 1941, No. 383, § 28; A.S.A. 1947, § 75-1130.

No person selling motor fuel shall be liable to the State of Arkansas for any tax with respect to the sale thereof under the provisions of any sales or gross receipts tax acts of the State of Arkansas.

Acts 1941, No. 383, § 28; A.S.A. 1947, § 75-1130.
Ark. Code Ann. § 26-74-304 — AR Code / Title 26 / Chapter 74 / Subchapter 3 / Section 26-74-304
Issuance of bonds
Status: in_force

(a) Counties levying the tax permitted in this subchapter are authorized, in addition to the authority existing under the laws of this state, to acquire, construct, equip, reconstruct, extend, and improve capital improvements of a public nature, collectively referred to as a "project", within or near such counties and are authorized to issue bonds to provide funds for accomplishing projects and to pledge all or any part of the revenues which the county is entitled to receive from the tax levied by such county pursuant to this subchapter to pay lease rentals, or principal of, interest on, and fees and expenses in connection with such bonds. (b) Bonds issued by a county pursuant to this subchapter shall be authorized by ordinance of the quorum court of the county. The bonds may: (1) Be coupon bonds payable to bearer or may be registered as to principal or as to principal and interest; (2) Be exchangeable for bonds of another denomination; (3) Be in such form and denominations; (4) Be made payable at such places within or without the state; (5) Be issued in one (1) or more series; (6) Bear such date or dates; (7) Mature at such time or times, not exceeding forty (40) years from their respective dates; (8) Bear interest at such rate or rates; (9) Be payable in such medium of payment; (10) Be subject to such terms of redemption; and (11) Contain such terms, covenants, and conditions as the ordinance authorizing their issuance may provide including, without limitation, those pertaining to: (A) The custody, investment, and application of the proceeds of the bonds; (B) The collection and disposition of revenues; (C) The maintenance of various funds and reserves; (D) The nature and extent of the security and pledging of revenues; (E) The rights, duties, and obligations of the county and the trustee for the holders and registered owners of the bonds; and (F) The rights of the holders and registered owners of the bonds. (c) There may be successive bond issues for the purpose of financing the same project, and there may be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping projects already in existence, whether or not originally financed by bonds issued under this subchapter, and with each successive issue to be authorized as provided by this subchapter. Priority between and among issues and successive issues as to security of the pledge of revenues and lien on the project facilities involved may be controlled by the ordinance authorizing the issuance of bonds under this subchapter. Subject to the provisions of this subchapter pertaining to registration, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas. A copy of the ordinance authorizing bonds under this subchapter, certified by the county clerk of the county, shall be filed with the Secretary of the Department of Finance and Administration and with the Treasurer of State. (d) The bonds shall be executed by the county judge of the county and attested by the county clerk of the county, by their manual or facsimile signatures. Coupons attached to the bonds shall be executed by the facsimile signature of the county judge. In case any of the officers whose signatures appear on the bonds or coupons cease to be such officers before delivery of the bonds or coupons, their signatures shall nevertheless be valid and sufficient for all purposes. The bonds shall be sealed with the seal of the county issuing the bonds. (e) The bonds shall not be general obligations of the county involved but shall be special obligations secured and payable as provided in this subchapter. In no event shall the bonds constitute an indebtedness of the county within the meaning of any constitutional or statutory limitation. The principal of and interest on all bonds issued under the authority of this subchapter shall be secured by a pledge of, and shall be payable from, all or any part of the revenues derived from the tax levied by the county, and to which the county is entitled, pursuant to this subchapter or from all or any part of the revenues derived from the operation of the project involved, if and to the extent permitted by other laws of the State of Arkansas authorizing the issuance of revenue bonds secured by the revenues of such facilities. The ordinance authorizing the issuance of bonds together with this subchapter shall constitute a contract by and between the county and the holders and registered owners of the bonds issued by the county under the authority of this subchapter, which contract, and all covenants, agreements, and obligations therein, shall be promptly performed in strict compliance with the terms and provisions of the contract, and the contract and all rights of the holders and registered owners of the bonds and the obligations of the county may be enforced by mandamus or by any other appropriate proceeding at law or in equity. It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter. (f) The ordinance authorizing the bonds may provide for the execution by the county with a bank or trust company, within or without the State of Arkansas, of a trust indenture. The trust indenture may control the priority between and among successive issues and series, and may contain any other terms, covenants, and conditions that are deemed desirable by the governing body, including, without limitation, those pertaining to: (1) The custody, investment, and application of the proceeds of bonds; (2) The collection and disposition of revenues; (3) The maintenance of various funds and reserves; (4) The nature and extent of the security; (5) The rights, duties, and obligations of the county and the trustee for the holders and registered owners of the bonds; and (6) The rights of the holders and registered owners of the bonds. (g) Bonds issued under the authority of this subchapter may be sold at public or private sale. If sold at public sale, the bonds shall be sold on sealed bids, and notice of the sale shall be published one (1) time in a newspaper having a general circulation throughout the State of Arkansas, at least ten (10) days prior to the date of the sale. In either case, the bonds may be sold at such price as the county may accept, including sale at a discount. (h) Bonds issued under the authority of this subchapter are made securities in which insurance companies, trust companies, banks, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is authorized by law. Any municipality or county, or any board, commission, or other authority established by any such municipality or county, or the boards of trustees, respectively, of any retirement fund or retirement system created by or pursuant to authority conferred by the General Assembly in its discretion may invest any of its funds not immediately needed for its purposes in bonds issued under the authority of this subchapter, and bonds issued under the authority of this subchapter shall be eligible to secure the deposit of public funds. (i) The principal of and interest on bonds issued under the authority of this subchapter shall be exempt from all state, county, school district, community college district, and municipal taxes. This exemption shall include income, property, inheritance, and estate taxes. (j) Revenue bonds may be issued under this subchapter for the purpose of refunding any obligations issued under this subchapter or under the authority of any other law for the purpose of providing all or part of the funds for the construction, reconstruction, extension, equipment, acquisition, or improvement of any capital improvements of a public nature. These refunding bonds may be combined with bonds issued under the provisions of this section into a single issue. When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations. If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof. The ordinance under which the refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby. These refunding bonds shall be issued and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of these bonds. Amended by Act 2019, No. 910,§ 4381, eff. 7/1/2019. Acts 1981, No. 991, § 14, as added by Acts 1983, No. 725, § 4; A.S.A. 1947, § 17-2020.2.

(a) Counties levying the tax permitted in this subchapter are authorized, in addition to the authority existing under the laws of this state, to acquire, construct, equip, reconstruct, extend, and improve capital improvements of a public nature, collectively referred to as a "project", within or near such counties and are authorized to issue bonds to provide funds for accomplishing projects and to pledge all or any part of the revenues which the county is entitled to receive from the tax levied by such county pursuant to this subchapter to pay lease rentals, or principal of, interest on, and fees and expenses in connection with such bonds.

(b) Bonds issued by a county pursuant to this subchapter shall be authorized by ordinance of the quorum court of the county. The bonds may: (1) Be coupon bonds payable to bearer or may be registered as to principal or as to principal and interest; (2) Be exchangeable for bonds of another denomination; (3) Be in such form and denominations; (4) Be made payable at such places within or without the state; (5) Be issued in one (1) or more series; (6) Bear such date or dates; (7) Mature at such time or times, not exceeding forty (40) years from their respective dates; (8) Bear interest at such rate or rates; (9) Be payable in such medium of payment; (10) Be subject to such terms of redemption; and (11) Contain such terms, covenants, and conditions as the ordinance authorizing their issuance may provide including, without limitation, those pertaining to: (A) The custody, investment, and application of the proceeds of the bonds; (B) The collection and disposition of revenues; (C) The maintenance of various funds and reserves; (D) The nature and extent of the security and pledging of revenues; (E) The rights, duties, and obligations of the county and the trustee for the holders and registered owners of the bonds; and (F) The rights of the holders and registered owners of the bonds.

(1) Be coupon bonds payable to bearer or may be registered as to principal or as to principal and interest;

(2) Be exchangeable for bonds of another denomination;

(3) Be in such form and denominations;

(4) Be made payable at such places within or without the state;

(5) Be issued in one (1) or more series;

(6) Bear such date or dates;

(7) Mature at such time or times, not exceeding forty (40) years from their respective dates;

(8) Bear interest at such rate or rates;

(9) Be payable in such medium of payment;

(10) Be subject to such terms of redemption; and

(11) Contain such terms, covenants, and conditions as the ordinance authorizing their issuance may provide including, without limitation, those pertaining to: (A) The custody, investment, and application of the proceeds of the bonds; (B) The collection and disposition of revenues; (C) The maintenance of various funds and reserves; (D) The nature and extent of the security and pledging of revenues; (E) The rights, duties, and obligations of the county and the trustee for the holders and registered owners of the bonds; and (F) The rights of the holders and registered owners of the bonds.

(A) The custody, investment, and application of the proceeds of the bonds;

(B) The collection and disposition of revenues;

(C) The maintenance of various funds and reserves;

(D) The nature and extent of the security and pledging of revenues;

(E) The rights, duties, and obligations of the county and the trustee for the holders and registered owners of the bonds; and

(F) The rights of the holders and registered owners of the bonds.

(c) There may be successive bond issues for the purpose of financing the same project, and there may be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping projects already in existence, whether or not originally financed by bonds issued under this subchapter, and with each successive issue to be authorized as provided by this subchapter. Priority between and among issues and successive issues as to security of the pledge of revenues and lien on the project facilities involved may be controlled by the ordinance authorizing the issuance of bonds under this subchapter. Subject to the provisions of this subchapter pertaining to registration, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas. A copy of the ordinance authorizing bonds under this subchapter, certified by the county clerk of the county, shall be filed with the Secretary of the Department of Finance and Administration and with the Treasurer of State.

(d) The bonds shall be executed by the county judge of the county and attested by the county clerk of the county, by their manual or facsimile signatures. Coupons attached to the bonds shall be executed by the facsimile signature of the county judge. In case any of the officers whose signatures appear on the bonds or coupons cease to be such officers before delivery of the bonds or coupons, their signatures shall nevertheless be valid and sufficient for all purposes. The bonds shall be sealed with the seal of the county issuing the bonds.

(e) The bonds shall not be general obligations of the county involved but shall be special obligations secured and payable as provided in this subchapter. In no event shall the bonds constitute an indebtedness of the county within the meaning of any constitutional or statutory limitation. The principal of and interest on all bonds issued under the authority of this subchapter shall be secured by a pledge of, and shall be payable from, all or any part of the revenues derived from the tax levied by the county, and to which the county is entitled, pursuant to this subchapter or from all or any part of the revenues derived from the operation of the project involved, if and to the extent permitted by other laws of the State of Arkansas authorizing the issuance of revenue bonds secured by the revenues of such facilities. The ordinance authorizing the issuance of bonds together with this subchapter shall constitute a contract by and between the county and the holders and registered owners of the bonds issued by the county under the authority of this subchapter, which contract, and all covenants, agreements, and obligations therein, shall be promptly performed in strict compliance with the terms and provisions of the contract, and the contract and all rights of the holders and registered owners of the bonds and the obligations of the county may be enforced by mandamus or by any other appropriate proceeding at law or in equity. It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter.

(f) The ordinance authorizing the bonds may provide for the execution by the county with a bank or trust company, within or without the State of Arkansas, of a trust indenture. The trust indenture may control the priority between and among successive issues and series, and may contain any other terms, covenants, and conditions that are deemed desirable by the governing body, including, without limitation, those pertaining to: (1) The custody, investment, and application of the proceeds of bonds; (2) The collection and disposition of revenues; (3) The maintenance of various funds and reserves; (4) The nature and extent of the security; (5) The rights, duties, and obligations of the county and the trustee for the holders and registered owners of the bonds; and (6) The rights of the holders and registered owners of the bonds.

(1) The custody, investment, and application of the proceeds of bonds;

(2) The collection and disposition of revenues;

(3) The maintenance of various funds and reserves;

(4) The nature and extent of the security;

(5) The rights, duties, and obligations of the county and the trustee for the holders and registered owners of the bonds; and

(6) The rights of the holders and registered owners of the bonds.

(g) Bonds issued under the authority of this subchapter may be sold at public or private sale. If sold at public sale, the bonds shall be sold on sealed bids, and notice of the sale shall be published one (1) time in a newspaper having a general circulation throughout the State of Arkansas, at least ten (10) days prior to the date of the sale. In either case, the bonds may be sold at such price as the county may accept, including sale at a discount.

(h) Bonds issued under the authority of this subchapter are made securities in which insurance companies, trust companies, banks, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in their control or belonging to them. Such bonds are made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is authorized by law. Any municipality or county, or any board, commission, or other authority established by any such municipality or county, or the boards of trustees, respectively, of any retirement fund or retirement system created by or pursuant to authority conferred by the General Assembly in its discretion may invest any of its funds not immediately needed for its purposes in bonds issued under the authority of this subchapter, and bonds issued under the authority of this subchapter shall be eligible to secure the deposit of public funds.

(i) The principal of and interest on bonds issued under the authority of this subchapter shall be exempt from all state, county, school district, community college district, and municipal taxes. This exemption shall include income, property, inheritance, and estate taxes.

(j) Revenue bonds may be issued under this subchapter for the purpose of refunding any obligations issued under this subchapter or under the authority of any other law for the purpose of providing all or part of the funds for the construction, reconstruction, extension, equipment, acquisition, or improvement of any capital improvements of a public nature. These refunding bonds may be combined with bonds issued under the provisions of this section into a single issue. When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations. If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof. The ordinance under which the refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby. These refunding bonds shall be issued and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of these bonds.

Amended by Act 2019, No. 910,§ 4381, eff. 7/1/2019.

Acts 1981, No. 991, § 14, as added by Acts 1983, No. 725, § 4; A.S.A. 1947, § 17-2020.2.
Ark. Code Ann. § 26-52-317 — AR Code / Title 26 / Chapter 52 / Subchapter 3 / Section 26-52-317
Food and food ingredients
Status: in_force

(a) (1) The Secretary of the Department of Finance and Administration shall determine the following conditions: (A) That federal law authorizes the state to collect sales and use tax from some or all of the sellers that have no physical presence in the State of Arkansas and that make sales of taxable goods and services to Arkansas purchasers; (B) That initiating the collection of sales and use tax from these sellers would increase the net available general revenues needed to fund state agencies, services, and programs; and (C) (i) That during a six-month consecutive period, the amount of net available general revenues attributable to the collection of sales and use tax from sellers that have no physical presence in the State of Arkansas is equal to or greater than one hundred fifty percent (150%) of sales and use tax collected under subsection (c) of this section and § 26-53-145 on food and food ingredients. (ii) The secretary shall make the determination under subdivision (a)(1)(C)(i) of this section on a monthly basis following the determination that the conditions under subdivision (a)(1)(A) of this section have been met. (2) (A) The secretary shall make a monthly determination as to whether the aggregate amount of deductions from net general revenues attributable to the following during the most recently ended six-month consecutive period, as compared with the same six-month period in the prior year, has declined by thirty-five million dollars ($35,000,000) or more: (i) The Educational Adequacy Fund; (ii) Bonds issued under the Arkansas College Savings Bond Act of 1989, § 6-62-701 et seq.; (iii) Bonds issued under the Arkansas Higher Education Technology and Facility Improvement Act of 2005, § 6-62-1101 et seq.; (iv) The City-County Tourist Facilities Aid Fund; and (v) Bonds issued under the Arkansas Water, Waste Disposal and Pollution Abatement Facilities Financing Act of 1997 and the Arkansas Water, Waste Disposal, and Pollution Abatement Facilities Financing Act of 2007, § 15-20-1301 et seq. (B) (i) In making the determination in this subdivision (a)(2), the secretary shall consider all economic factors existing at the time of the determination that could potentially affect the decline in the aggregate amount of deductions, including without limitation pending litigation. (ii) If the consideration of additional economic factors under subdivision (a)(2)(B)(i) of this section results in a determination that the decline in the aggregate amount of deductions is not likely to remain at that reduced level, the secretary shall conclude that the conditions in this subdivision (a)(2) have not been met. (3) When the secretary finds that all of the conditions in either subdivision (a)(1) or subdivision (a)(2) of this section have been met, then the gross receipts or gross proceeds taxes levied under subsection (c) of this section shall be levied at the rate of zero percent (0%) on the sale of food and food ingredients beginning on the first day of the calendar quarter that is at least thirty (30) days following the determination of the secretary. (b) As used in this section: (1) "Food" and "food ingredients" mean the same as defined in § 26-52-103 except that "food" and "food ingredients" do not include prepared food; and (2) "Prepared food" means the same as defined in § 26-52-103 except that "prepared food" does not include: (A) Food that is only cut, repackaged, or pasteurized by the seller; or (B) Eggs, fish, meat, and poultry, and foods containing these raw animal foods requiring cooking by the consumer to prevent food-borne illnesses as recommended by the United States Food and Drug Administration in its 2005 Food Code, § 3-401.11, as it existed on January 1, 2007. (c) (1) Beginning July 1, 2011, in lieu of the gross receipts or gross proceeds taxes levied on food and food ingredients under §§ 26-52-301 and 26-52-302 , there is levied a tax on the gross receipts or gross proceeds derived from the sale of food and food ingredients at the rate of one and three-eighths percent (1.375%), to be distributed as follows: (A) Seventy-six and six-tenths percent (76.6%) of the taxes, interest, penalties, and costs received by the secretary under this subdivision (c)(1) shall be deposited as general revenues; (B) Eight and five-tenths percent (8.5%) of the taxes, interest, penalties, and costs received by the secretary under this subdivision (c)(1) shall be deposited into the Property Tax Relief Trust Fund; and (C) Fourteen and nine-tenths percent (14.9%) of the taxes, interest, penalties, and costs received by the secretary under this subdivision (c)(1) shall be deposited into the Educational Adequacy Fund. (2) The gross receipts or gross proceeds taxes levied under subdivision (c)(1) of this section shall be collected, reported, and paid in the same manner and at the same time as is prescribed by law for the collection, reporting, and payment of all other Arkansas gross receipts taxes. (d) The gross receipts or gross proceeds derived from the sale of food and food ingredients shall continue to be subject to the: (1) Excise tax levied under Arkansas Constitution, Amendment 75, § 2; and (2) All municipal and county gross receipts taxes. (e) The Department of Finance and Administration shall promulgate rules to implement the provisions of this section. Amended by Act 2019, No. 757,§ 69, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3839, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3838, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3837, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3836, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3835, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3834, eff. 7/1/2019. Amended by Act 2013, No. 1450,§ 1, eff. 7/1/2013. Amended by Act 2013, No. 1398,§ 1, eff. 7/1/2013. Acts 2005, No. 647, § 1; 2007, No. 110, § 1; 2009, No. 436, § 1; 2009, No. 655, § 14; 2011, No. 755, § 1; 2011, No. 983, § 6.

(a) (1) The Secretary of the Department of Finance and Administration shall determine the following conditions: (A) That federal law authorizes the state to collect sales and use tax from some or all of the sellers that have no physical presence in the State of Arkansas and that make sales of taxable goods and services to Arkansas purchasers; (B) That initiating the collection of sales and use tax from these sellers would increase the net available general revenues needed to fund state agencies, services, and programs; and (C) (i) That during a six-month consecutive period, the amount of net available general revenues attributable to the collection of sales and use tax from sellers that have no physical presence in the State of Arkansas is equal to or greater than one hundred fifty percent (150%) of sales and use tax collected under subsection (c) of this section and § 26-53-145 on food and food ingredients. (ii) The secretary shall make the determination under subdivision (a)(1)(C)(i) of this section on a monthly basis following the determination that the conditions under subdivision (a)(1)(A) of this section have been met. (2) (A) The secretary shall make a monthly determination as to whether the aggregate amount of deductions from net general revenues attributable to the following during the most recently ended six-month consecutive period, as compared with the same six-month period in the prior year, has declined by thirty-five million dollars ($35,000,000) or more: (i) The Educational Adequacy Fund; (ii) Bonds issued under the Arkansas College Savings Bond Act of 1989, § 6-62-701 et seq.; (iii) Bonds issued under the Arkansas Higher Education Technology and Facility Improvement Act of 2005, § 6-62-1101 et seq.; (iv) The City-County Tourist Facilities Aid Fund; and (v) Bonds issued under the Arkansas Water, Waste Disposal and Pollution Abatement Facilities Financing Act of 1997 and the Arkansas Water, Waste Disposal, and Pollution Abatement Facilities Financing Act of 2007, § 15-20-1301 et seq. (B) (i) In making the determination in this subdivision (a)(2), the secretary shall consider all economic factors existing at the time of the determination that could potentially affect the decline in the aggregate amount of deductions, including without limitation pending litigation. (ii) If the consideration of additional economic factors under subdivision (a)(2)(B)(i) of this section results in a determination that the decline in the aggregate amount of deductions is not likely to remain at that reduced level, the secretary shall conclude that the conditions in this subdivision (a)(2) have not been met. (3) When the secretary finds that all of the conditions in either subdivision (a)(1) or subdivision (a)(2) of this section have been met, then the gross receipts or gross proceeds taxes levied under subsection (c) of this section shall be levied at the rate of zero percent (0%) on the sale of food and food ingredients beginning on the first day of the calendar quarter that is at least thirty (30) days following the determination of the secretary.

(1) The Secretary of the Department of Finance and Administration shall determine the following conditions: (A) That federal law authorizes the state to collect sales and use tax from some or all of the sellers that have no physical presence in the State of Arkansas and that make sales of taxable goods and services to Arkansas purchasers; (B) That initiating the collection of sales and use tax from these sellers would increase the net available general revenues needed to fund state agencies, services, and programs; and (C) (i) That during a six-month consecutive period, the amount of net available general revenues attributable to the collection of sales and use tax from sellers that have no physical presence in the State of Arkansas is equal to or greater than one hundred fifty percent (150%) of sales and use tax collected under subsection (c) of this section and § 26-53-145 on food and food ingredients. (ii) The secretary shall make the determination under subdivision (a)(1)(C)(i) of this section on a monthly basis following the determination that the conditions under subdivision (a)(1)(A) of this section have been met.

(A) That federal law authorizes the state to collect sales and use tax from some or all of the sellers that have no physical presence in the State of Arkansas and that make sales of taxable goods and services to Arkansas purchasers;

(B) That initiating the collection of sales and use tax from these sellers would increase the net available general revenues needed to fund state agencies, services, and programs; and

(C) (i) That during a six-month consecutive period, the amount of net available general revenues attributable to the collection of sales and use tax from sellers that have no physical presence in the State of Arkansas is equal to or greater than one hundred fifty percent (150%) of sales and use tax collected under subsection (c) of this section and § 26-53-145 on food and food ingredients. (ii) The secretary shall make the determination under subdivision (a)(1)(C)(i) of this section on a monthly basis following the determination that the conditions under subdivision (a)(1)(A) of this section have been met.

(i) That during a six-month consecutive period, the amount of net available general revenues attributable to the collection of sales and use tax from sellers that have no physical presence in the State of Arkansas is equal to or greater than one hundred fifty percent (150%) of sales and use tax collected under subsection (c) of this section and § 26-53-145 on food and food ingredients.

(ii) The secretary shall make the determination under subdivision (a)(1)(C)(i) of this section on a monthly basis following the determination that the conditions under subdivision (a)(1)(A) of this section have been met.

(2) (A) The secretary shall make a monthly determination as to whether the aggregate amount of deductions from net general revenues attributable to the following during the most recently ended six-month consecutive period, as compared with the same six-month period in the prior year, has declined by thirty-five million dollars ($35,000,000) or more: (i) The Educational Adequacy Fund; (ii) Bonds issued under the Arkansas College Savings Bond Act of 1989, § 6-62-701 et seq.; (iii) Bonds issued under the Arkansas Higher Education Technology and Facility Improvement Act of 2005, § 6-62-1101 et seq.; (iv) The City-County Tourist Facilities Aid Fund; and (v) Bonds issued under the Arkansas Water, Waste Disposal and Pollution Abatement Facilities Financing Act of 1997 and the Arkansas Water, Waste Disposal, and Pollution Abatement Facilities Financing Act of 2007, § 15-20-1301 et seq. (B) (i) In making the determination in this subdivision (a)(2), the secretary shall consider all economic factors existing at the time of the determination that could potentially affect the decline in the aggregate amount of deductions, including without limitation pending litigation. (ii) If the consideration of additional economic factors under subdivision (a)(2)(B)(i) of this section results in a determination that the decline in the aggregate amount of deductions is not likely to remain at that reduced level, the secretary shall conclude that the conditions in this subdivision (a)(2) have not been met.

(A) The secretary shall make a monthly determination as to whether the aggregate amount of deductions from net general revenues attributable to the following during the most recently ended six-month consecutive period, as compared with the same six-month period in the prior year, has declined by thirty-five million dollars ($35,000,000) or more: (i) The Educational Adequacy Fund; (ii) Bonds issued under the Arkansas College Savings Bond Act of 1989, § 6-62-701 et seq.; (iii) Bonds issued under the Arkansas Higher Education Technology and Facility Improvement Act of 2005, § 6-62-1101 et seq.; (iv) The City-County Tourist Facilities Aid Fund; and (v) Bonds issued under the Arkansas Water, Waste Disposal and Pollution Abatement Facilities Financing Act of 1997 and the Arkansas Water, Waste Disposal, and Pollution Abatement Facilities Financing Act of 2007, § 15-20-1301 et seq.

(i) The Educational Adequacy Fund;

(ii) Bonds issued under the Arkansas College Savings Bond Act of 1989, § 6-62-701 et seq.;

(iii) Bonds issued under the Arkansas Higher Education Technology and Facility Improvement Act of 2005, § 6-62-1101 et seq.;

(iv) The City-County Tourist Facilities Aid Fund; and

(v) Bonds issued under the Arkansas Water, Waste Disposal and Pollution Abatement Facilities Financing Act of 1997 and the Arkansas Water, Waste Disposal, and Pollution Abatement Facilities Financing Act of 2007, § 15-20-1301 et seq.

(B) (i) In making the determination in this subdivision (a)(2), the secretary shall consider all economic factors existing at the time of the determination that could potentially affect the decline in the aggregate amount of deductions, including without limitation pending litigation. (ii) If the consideration of additional economic factors under subdivision (a)(2)(B)(i) of this section results in a determination that the decline in the aggregate amount of deductions is not likely to remain at that reduced level, the secretary shall conclude that the conditions in this subdivision (a)(2) have not been met.

(i) In making the determination in this subdivision (a)(2), the secretary shall consider all economic factors existing at the time of the determination that could potentially affect the decline in the aggregate amount of deductions, including without limitation pending litigation.

(ii) If the consideration of additional economic factors under subdivision (a)(2)(B)(i) of this section results in a determination that the decline in the aggregate amount of deductions is not likely to remain at that reduced level, the secretary shall conclude that the conditions in this subdivision (a)(2) have not been met.

(3) When the secretary finds that all of the conditions in either subdivision (a)(1) or subdivision (a)(2) of this section have been met, then the gross receipts or gross proceeds taxes levied under subsection (c) of this section shall be levied at the rate of zero percent (0%) on the sale of food and food ingredients beginning on the first day of the calendar quarter that is at least thirty (30) days following the determination of the secretary.

(b) As used in this section: (1) "Food" and "food ingredients" mean the same as defined in § 26-52-103 except that "food" and "food ingredients" do not include prepared food; and (2) "Prepared food" means the same as defined in § 26-52-103 except that "prepared food" does not include: (A) Food that is only cut, repackaged, or pasteurized by the seller; or (B) Eggs, fish, meat, and poultry, and foods containing these raw animal foods requiring cooking by the consumer to prevent food-borne illnesses as recommended by the United States Food and Drug Administration in its 2005 Food Code, § 3-401.11, as it existed on January 1, 2007.

(1) "Food" and "food ingredients" mean the same as defined in § 26-52-103 except that "food" and "food ingredients" do not include prepared food; and

(2) "Prepared food" means the same as defined in § 26-52-103 except that "prepared food" does not include: (A) Food that is only cut, repackaged, or pasteurized by the seller; or (B) Eggs, fish, meat, and poultry, and foods containing these raw animal foods requiring cooking by the consumer to prevent food-borne illnesses as recommended by the United States Food and Drug Administration in its 2005 Food Code, § 3-401.11, as it existed on January 1, 2007.

(A) Food that is only cut, repackaged, or pasteurized by the seller; or

(B) Eggs, fish, meat, and poultry, and foods containing these raw animal foods requiring cooking by the consumer to prevent food-borne illnesses as recommended by the United States Food and Drug Administration in its 2005 Food Code, § 3-401.11, as it existed on January 1, 2007.

(c) (1) Beginning July 1, 2011, in lieu of the gross receipts or gross proceeds taxes levied on food and food ingredients under §§ 26-52-301 and 26-52-302 , there is levied a tax on the gross receipts or gross proceeds derived from the sale of food and food ingredients at the rate of one and three-eighths percent (1.375%), to be distributed as follows: (A) Seventy-six and six-tenths percent (76.6%) of the taxes, interest, penalties, and costs received by the secretary under this subdivision (c)(1) shall be deposited as general revenues; (B) Eight and five-tenths percent (8.5%) of the taxes, interest, penalties, and costs received by the secretary under this subdivision (c)(1) shall be deposited into the Property Tax Relief Trust Fund; and (C) Fourteen and nine-tenths percent (14.9%) of the taxes, interest, penalties, and costs received by the secretary under this subdivision (c)(1) shall be deposited into the Educational Adequacy Fund. (2) The gross receipts or gross proceeds taxes levied under subdivision (c)(1) of this section shall be collected, reported, and paid in the same manner and at the same time as is prescribed by law for the collection, reporting, and payment of all other Arkansas gross receipts taxes.

(1) Beginning July 1, 2011, in lieu of the gross receipts or gross proceeds taxes levied on food and food ingredients under §§ 26-52-301 and 26-52-302 , there is levied a tax on the gross receipts or gross proceeds derived from the sale of food and food ingredients at the rate of one and three-eighths percent (1.375%), to be distributed as follows: (A) Seventy-six and six-tenths percent (76.6%) of the taxes, interest, penalties, and costs received by the secretary under this subdivision (c)(1) shall be deposited as general revenues; (B) Eight and five-tenths percent (8.5%) of the taxes, interest, penalties, and costs received by the secretary under this subdivision (c)(1) shall be deposited into the Property Tax Relief Trust Fund; and (C) Fourteen and nine-tenths percent (14.9%) of the taxes, interest, penalties, and costs received by the secretary under this subdivision (c)(1) shall be deposited into the Educational Adequacy Fund.

(A) Seventy-six and six-tenths percent (76.6%) of the taxes, interest, penalties, and costs received by the secretary under this subdivision (c)(1) shall be deposited as general revenues;

(B) Eight and five-tenths percent (8.5%) of the taxes, interest, penalties, and costs received by the secretary under this subdivision (c)(1) shall be deposited into the Property Tax Relief Trust Fund; and

(C) Fourteen and nine-tenths percent (14.9%) of the taxes, interest, penalties, and costs received by the secretary under this subdivision (c)(1) shall be deposited into the Educational Adequacy Fund.

(2) The gross receipts or gross proceeds taxes levied under subdivision (c)(1) of this section shall be collected, reported, and paid in the same manner and at the same time as is prescribed by law for the collection, reporting, and payment of all other Arkansas gross receipts taxes.

(d) The gross receipts or gross proceeds derived from the sale of food and food ingredients shall continue to be subject to the: (1) Excise tax levied under Arkansas Constitution, Amendment 75, § 2; and (2) All municipal and county gross receipts taxes.

(1) Excise tax levied under Arkansas Constitution, Amendment 75, § 2; and

(2) All municipal and county gross receipts taxes.

(e) The Department of Finance and Administration shall promulgate rules to implement the provisions of this section.

Amended by Act 2019, No. 757,§ 69, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3839, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3838, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3837, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3836, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3835, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3834, eff. 7/1/2019.

Amended by Act 2013, No. 1450,§ 1, eff. 7/1/2013.

Amended by Act 2013, No. 1398,§ 1, eff. 7/1/2013.

Acts 2005, No. 647, § 1; 2007, No. 110, § 1; 2009, No. 436, § 1; 2009, No. 655, § 14; 2011, No. 755, § 1; 2011, No. 983, § 6.
Ark. Code Ann. § 26-26-401 — AR Code / Title 26 / Chapter 26 / Subchapter 4 / Section 26-26-401
Applicability
Status: in_force

The provisions of this subchapter relative to the adjustment or rollback of millage levied for ad valorem tax purposes shall be applicable only where there is a countywide or statewide reappraisal of property: (1) Pursuant to court order; (2) Pursuant to directive of law enacted by the General Assembly; (3) When the reappraisal is initiated by the county assessor, the county equalization board, by directive of the county quorum court, or upon request of one (1) or more taxing units of a county, and is determined and certified by the Assessment Coordination Division as constituting a comprehensive countywide reappraisal; or (4) When ordered by or implemented by a county pursuant to a directive of the division or its successor agency. Acts 1981, No. 848, § 8; A.S.A. 1947, § 84-493.7.

The provisions of this subchapter relative to the adjustment or rollback of millage levied for ad valorem tax purposes shall be applicable only where there is a countywide or statewide reappraisal of property:

(1) Pursuant to court order;

(2) Pursuant to directive of law enacted by the General Assembly;

(3) When the reappraisal is initiated by the county assessor, the county equalization board, by directive of the county quorum court, or upon request of one (1) or more taxing units of a county, and is determined and certified by the Assessment Coordination Division as constituting a comprehensive countywide reappraisal; or

(4) When ordered by or implemented by a county pursuant to a directive of the division or its successor agency.

Acts 1981, No. 848, § 8; A.S.A. 1947, § 84-493.7.
Ark. Code Ann. § 26-51-502 — AR Code / Title 26 / Chapter 51 / Subchapter 5 / Section 26-51-502
Household and dependent care services - Definitions
Status: in_force

(a) A credit shall be allowed to individuals against the income tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., for expenses for household and dependent care services necessary for gainful employment in the manner prescribed by subsection (b) of this section. (b) (1) Title 26 U.S.C. § 21 , as in effect on January 2, 2013, is adopted for purposes of determining the allowable credit under the Income Tax Act of 1929, § 26-51-101 et seq., for household and dependent care services necessary for gainful employment. (2) The amount of credit shall be twenty percent (20%) of the federal credit allowable. (c) (1) (A) (i) A credit, which is equal to twenty percent (20%) of the federal childcare credit as allowed under 26 U.S.C. § 21 , as in effect on January 2, 2013, shall be allowed to qualified individuals against the income tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq. (ii) The twenty-percent childcare credit is refundable. (iii) The excess of the credit over tax liability will be returned to the taxpayer as an overpayment of tax. (B) "Qualified individual" means a taxpayer who has a dependent child with respect to whom the taxpayer is entitled to a credit under § 26-51-501(a)(3) , and who incurs childcare expenses necessary for gainful employment at an approved childcare facility, as defined in subdivision (c)(1)(C) of this section. (C) "Approved childcare facility" means a childcare facility which provided an appropriate early childhood program, as defined in § 6-45-103 , and which is approved in accordance with § 6-45-109 . (2) A taxpayer cannot claim both the credit allowed in subsections (a) and (b) of this section and the credit allowed in subsection (c) of this section. (3) The credit allowed in this subsection shall be effective for taxable years beginning January 1, 2013. Amended by Act 2013, No. 1254,§ 16, eff. 8/16/2013, op. retroactively to tax years beginning on or after 1/1/2012. Amended by Act 2013, No. 1254,§ 15, eff. 8/16/2013, op. retroactively to tax years beginning on or after 1/1/2012. Amended by Act 2013, No. 1254,§ 14, eff. 8/16/2013, op. retroactively to tax years beginning on or after 1/1/2012. Acts 1973, No. 490, §§ 1, 2; 1977, No. 734, §§ 1, 2; 1983, No. 379, § 15; A.S.A. 1947, §§ 84-2088, 84-2089; Acts 1993, No. 1268, § 1; 1997, No. 328, § 6; 1997, No. 951, § 1; 2003, No. 663, § 13; 2005, No. 675, § 15; 2007, No. 218, § 34; 2011, No. 787, § 33.

(a) A credit shall be allowed to individuals against the income tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., for expenses for household and dependent care services necessary for gainful employment in the manner prescribed by subsection (b) of this section.

(b) (1) Title 26 U.S.C. § 21 , as in effect on January 2, 2013, is adopted for purposes of determining the allowable credit under the Income Tax Act of 1929, § 26-51-101 et seq., for household and dependent care services necessary for gainful employment. (2) The amount of credit shall be twenty percent (20%) of the federal credit allowable.

(1) Title 26 U.S.C. § 21 , as in effect on January 2, 2013, is adopted for purposes of determining the allowable credit under the Income Tax Act of 1929, § 26-51-101 et seq., for household and dependent care services necessary for gainful employment.

(2) The amount of credit shall be twenty percent (20%) of the federal credit allowable.

(c) (1) (A) (i) A credit, which is equal to twenty percent (20%) of the federal childcare credit as allowed under 26 U.S.C. § 21 , as in effect on January 2, 2013, shall be allowed to qualified individuals against the income tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq. (ii) The twenty-percent childcare credit is refundable. (iii) The excess of the credit over tax liability will be returned to the taxpayer as an overpayment of tax. (B) "Qualified individual" means a taxpayer who has a dependent child with respect to whom the taxpayer is entitled to a credit under § 26-51-501(a)(3) , and who incurs childcare expenses necessary for gainful employment at an approved childcare facility, as defined in subdivision (c)(1)(C) of this section. (C) "Approved childcare facility" means a childcare facility which provided an appropriate early childhood program, as defined in § 6-45-103 , and which is approved in accordance with § 6-45-109 . (2) A taxpayer cannot claim both the credit allowed in subsections (a) and (b) of this section and the credit allowed in subsection (c) of this section. (3) The credit allowed in this subsection shall be effective for taxable years beginning January 1, 2013.

(1) (A) (i) A credit, which is equal to twenty percent (20%) of the federal childcare credit as allowed under 26 U.S.C. § 21 , as in effect on January 2, 2013, shall be allowed to qualified individuals against the income tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq. (ii) The twenty-percent childcare credit is refundable. (iii) The excess of the credit over tax liability will be returned to the taxpayer as an overpayment of tax. (B) "Qualified individual" means a taxpayer who has a dependent child with respect to whom the taxpayer is entitled to a credit under § 26-51-501(a)(3) , and who incurs childcare expenses necessary for gainful employment at an approved childcare facility, as defined in subdivision (c)(1)(C) of this section. (C) "Approved childcare facility" means a childcare facility which provided an appropriate early childhood program, as defined in § 6-45-103 , and which is approved in accordance with § 6-45-109 .

(A) (i) A credit, which is equal to twenty percent (20%) of the federal childcare credit as allowed under 26 U.S.C. § 21 , as in effect on January 2, 2013, shall be allowed to qualified individuals against the income tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq. (ii) The twenty-percent childcare credit is refundable. (iii) The excess of the credit over tax liability will be returned to the taxpayer as an overpayment of tax.

(i) A credit, which is equal to twenty percent (20%) of the federal childcare credit as allowed under 26 U.S.C. § 21 , as in effect on January 2, 2013, shall be allowed to qualified individuals against the income tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq.

(ii) The twenty-percent childcare credit is refundable.

(iii) The excess of the credit over tax liability will be returned to the taxpayer as an overpayment of tax.

(B) "Qualified individual" means a taxpayer who has a dependent child with respect to whom the taxpayer is entitled to a credit under § 26-51-501(a)(3) , and who incurs childcare expenses necessary for gainful employment at an approved childcare facility, as defined in subdivision (c)(1)(C) of this section.

(C) "Approved childcare facility" means a childcare facility which provided an appropriate early childhood program, as defined in § 6-45-103 , and which is approved in accordance with § 6-45-109 .

(2) A taxpayer cannot claim both the credit allowed in subsections (a) and (b) of this section and the credit allowed in subsection (c) of this section.

(3) The credit allowed in this subsection shall be effective for taxable years beginning January 1, 2013.

Amended by Act 2013, No. 1254,§ 16, eff. 8/16/2013, op. retroactively to tax years beginning on or after 1/1/2012.

Amended by Act 2013, No. 1254,§ 15, eff. 8/16/2013, op. retroactively to tax years beginning on or after 1/1/2012.

Amended by Act 2013, No. 1254,§ 14, eff. 8/16/2013, op. retroactively to tax years beginning on or after 1/1/2012.

Acts 1973, No. 490, §§ 1, 2; 1977, No. 734, §§ 1, 2; 1983, No. 379, § 15; A.S.A. 1947, §§ 84-2088, 84-2089; Acts 1993, No. 1268, § 1; 1997, No. 328, § 6; 1997, No. 951, § 1; 2003, No. 663, § 13; 2005, No. 675, § 15; 2007, No. 218, § 34; 2011, No. 787, § 33.
Ark. Code Ann. § 26-53-125-d-1 — AR Code / Title 26 / Chapter 53 / Subchapter 1 / Section 26-53-125-d-1
Arkansas Code of 1987 (2024) Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) Chapter 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) Section 26-53-125 - [Effective for tax years beginning on or after January 1, 2024] Return and payment of tax - Definition
Status: in_force

(a) (1) (A) The tax imposed by this subchapter shall be due and payable to the Secretary of the Department of Finance and Administration monthly on or before the twentieth day of each month except as provided in this subchapter. (B) When a taxpayer has become liable to file a report with the secretary, the taxpayer must continue to file a report, even though no tax is due, until the taxpayer notifies the secretary in writing that the taxpayer is no longer liable for those reports. (2) Every vendor selling tangible personal property, specified digital products, a digital code, or taxable services for storage, use, distribution, or consumption in this state shall file with the secretary on or before the twentieth day of each month a sales and use tax return for the preceding monthly period in such form as may be prescribed by the secretary, showing: (A) The total tax levied by this subchapter due on all tangible personal property, specified digital products, digital codes, or taxable services sold by the vendor during the preceding monthly period, the storage, use, distribution, or consumption of which is subject to the tax levied by this subchapter; and (B) Such other information as the secretary may deem necessary for the proper administration of this subchapter. (3) The return shall be accompanied by remittance of the amount of the tax required by this subchapter to be collected by the vendor during the period covered by the return. (4) (A) A return shall be signed by the vendor or the vendor's duly authorized agent but need not be verified by oath. (B) A return filed electronically does not need to be signed. (5) (A) A vendor required to collect and remit Arkansas compensating use tax that has average net sales of more than two hundred thousand dollars ($200,000) per month for the preceding calendar year shall make prepayment of the compensating use tax by electronic funds transfer, as defined in § 26-19-101 , according to one (1) of the following payment options: (i) (a) Making two (2) compensating use tax payments by electronic funds transfer for the current calendar month. Each payment shall be equal to forty percent (40%) of the compensating use tax due on the monthly average net sales on or before the twelfth and twenty-fourth of each month. (b) The balance of actual collections for the month shall be remitted with the monthly excise tax report due by the twentieth day of the following month; or (ii) (a) Paying by electronic funds transfer an amount equal to or exceeding eighty percent (80%) of the compensating use tax liability for the current calendar month on or before the twenty-fourth of each month. (b) The balance of actual collections for the month shall be remitted with the monthly excise tax report due by the twentieth day of the following month. (B) (i) Failure to pay compensating use tax prepayments when due shall result in the assessment of a penalty equal to five percent (5%) of the amount of each required compensating use tax prepayment. (ii) If a taxpayer elects to prepay according to subdivision (a)(5)(A)(ii) of this section and fails to pay eighty percent (80%) of the compensating use tax liability by the twenty-fourth of the current month, a penalty shall not be assessed if the taxpayer proves that more than twenty percent (20%) of the taxpayer's compensating use tax liability arose from sales occurring after the twenty-fourth of the current month but before the last day of the current month. (C) For any electronic funds transfer or report required under subdivision (a)(5)(A) of this section, the due date of which falls on a Saturday, Sunday, legal holiday, or day the Federal Reserve Bank is closed, the electronic funds transfer or report shall be made on the next succeeding business day which is not a Saturday, Sunday, legal holiday, or day the Federal Reserve Bank is closed. (D) As used in this subdivision (a)(5), "net sales" means total sales price or purchase price less any deductions allowed by this chapter. (b) (1) Every person purchasing tangible personal property, specified digital products, a digital code, or taxable services of which the storage, use, distribution, or consumption is subject to the tax levied by this subchapter and who has not paid the tax due with respect to the tangible personal property, specified digital products, digital code, or taxable services to a vendor registered in accordance with the provisions of §§ 26-53-121 and 26-53-122 shall file a return with the secretary on or before the twentieth day of each month for the preceding monthly period in such a form as may be prescribed by the secretary showing: (A) The tax levied by this subchapter due on the tangible personal property, specified digital products, digital code, or taxable services purchased during the preceding monthly period; and (B) Such other information as the secretary may deem necessary for the proper administration of this subchapter. (2) The return shall be accompanied by a remittance of the amount of the tax required by this subchapter to be paid by the person purchasing the tangible personal property, specified digital products, digital code, or taxable services during the period covered by the return. (3) (A) A return shall be signed by the person liable for the tax or the person's authorized agent but need not be verified by oath. (B) A return filed electronically does not need to be signed. (c) A vendor that does not have a legal requirement to register under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., or this subchapter and is not using a certified service provider or a certified automated system as defined under the Uniform Sales and Use Tax Administration Act, § 26-20-101 et seq., shall submit sales and use tax returns as follows: (1) Upon registration, the secretary shall provide the vendor the required Arkansas returns; (2) The vendor shall file a return any time within one (1) year of the month of initial registration, and future returns may be required on an annual basis in succeeding years; and (3) In addition to the returns required in subdivision (c)(2) of this section, the vendor may be required to submit returns in the month following any month in which the vendor has accumulated state and local tax funds in the total amount of one thousand dollars ($1,000) or more. (d) (1) When the average amount of tax for which the taxpayer is liable for the previous fiscal year beginning on July 1 and ending on June 30 does not exceed one hundred dollars ($100) per month, the secretary may notify the taxpayer that a quarterly report and remittance in lieu of a monthly report may be made on or before July 20, October 20, January 20, and April 20 of each year for the preceding three-month period. (2) When the average amount of tax for which the taxpayer is liable for the previous fiscal year beginning on July 1 and ending on June 30 does not exceed twenty-five dollars ($25.00) per month, the secretary may notify the taxpayer that a yearly report and remittance in lieu of a monthly report may be made on or before January 20 of each year for the preceding twelve-month period. (e) (1) Any report or remittance required under this section of which the due date falls on a Saturday, Sunday, or legal holiday shall be postmarked or transmitted on the next succeeding business day that is not a Saturday, Sunday, or legal holiday. (2) If the Federal Reserve Bank is closed on a due date that prohibits a vendor from being able to make a remittance through electronic funds transfer, the remittance shall be accepted as timely if made on the next day the Federal Reserve Bank is open. (3) A report filed in conjunction with a remittance that cannot be made due to the closure of the Federal Reserve Bank shall be accepted as timely if filed in conjunction with the payment on the next day the Federal Reserve Bank is open. (f) For tax years beginning on or after January 1, 2024, a taxpayer who has an average monthly compensating use tax liability of five thousand dollars ($5,000) or more for the preceding fiscal year that began on July 1 and ended on June 30 shall file all returns and remittances required by this section electronically. (g) The secretary may waive the electronic filing and payment requirements under subsection (f) of this section if the secretary determines that filing the return electronically would cause an undue hardship on the taxpayer. Amended by Act 2023, No. 192,§ 2, eff. for tax years beginning on or after January 1, 2024. Amended by Act 2019, No. 910,§ 3907, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3906, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3905, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3904, eff. 7/1/2019. Amended by Act 2017, No. 141,§ 55, eff. for tax years beginning on and after 1/1/2018. Amended by Act 2017, No. 141,§ 54, eff. for tax years beginning on and after 1/1/2018. Acts 1949, No. 487, § 9; 1979, No. 915, § 2; A.S.A. 1947, § 84-3109; Acts 1991, No. 688, § 3; 2003, No. 664, §§ 3, 4; 2003, No. 1273, §§ 27-30; 2007, No. 181, § 35; 2011, No. 291, § 15; 2011, No. 1142, § 1. This section is set out more than once due to postponed, multiple, or conflicting amendments.

(a) (1) (A) The tax imposed by this subchapter shall be due and payable to the Secretary of the Department of Finance and Administration monthly on or before the twentieth day of each month except as provided in this subchapter. (B) When a taxpayer has become liable to file a report with the secretary, the taxpayer must continue to file a report, even though no tax is due, until the taxpayer notifies the secretary in writing that the taxpayer is no longer liable for those reports. (2) Every vendor selling tangible personal property, specified digital products, a digital code, or taxable services for storage, use, distribution, or consumption in this state shall file with the secretary on or before the twentieth day of each month a sales and use tax return for the preceding monthly period in such form as may be prescribed by the secretary, showing: (A) The total tax levied by this subchapter due on all tangible personal property, specified digital products, digital codes, or taxable services sold by the vendor during the preceding monthly period, the storage, use, distribution, or consumption of which is subject to the tax levied by this subchapter; and (B) Such other information as the secretary may deem necessary for the proper administration of this subchapter. (3) The return shall be accompanied by remittance of the amount of the tax required by this subchapter to be collected by the vendor during the period covered by the return. (4) (A) A return shall be signed by the vendor or the vendor's duly authorized agent but need not be verified by oath. (B) A return filed electronically does not need to be signed. (5) (A) A vendor required to collect and remit Arkansas compensating use tax that has average net sales of more than two hundred thousand dollars ($200,000) per month for the preceding calendar year shall make prepayment of the compensating use tax by electronic funds transfer, as defined in § 26-19-101 , according to one (1) of the following payment options: (i) (a) Making two (2) compensating use tax payments by electronic funds transfer for the current calendar month. Each payment shall be equal to forty percent (40%) of the compensating use tax due on the monthly average net sales on or before the twelfth and twenty-fourth of each month. (b) The balance of actual collections for the month shall be remitted with the monthly excise tax report due by the twentieth day of the following month; or (ii) (a) Paying by electronic funds transfer an amount equal to or exceeding eighty percent (80%) of the compensating use tax liability for the current calendar month on or before the twenty-fourth of each month. (b) The balance of actual collections for the month shall be remitted with the monthly excise tax report due by the twentieth day of the following month. (B) (i) Failure to pay compensating use tax prepayments when due shall result in the assessment of a penalty equal to five percent (5%) of the amount of each required compensating use tax prepayment. (ii) If a taxpayer elects to prepay according to subdivision (a)(5)(A)(ii) of this section and fails to pay eighty percent (80%) of the compensating use tax liability by the twenty-fourth of the current month, a penalty shall not be assessed if the taxpayer proves that more than twenty percent (20%) of the taxpayer's compensating use tax liability arose from sales occurring after the twenty-fourth of the current month but before the last day of the current month. (C) For any electronic funds transfer or report required under subdivision (a)(5)(A) of this section, the due date of which falls on a Saturday, Sunday, legal holiday, or day the Federal Reserve Bank is closed, the electronic funds transfer or report shall be made on the next succeeding business day which is not a Saturday, Sunday, legal holiday, or day the Federal Reserve Bank is closed. (D) As used in this subdivision (a)(5), "net sales" means total sales price or purchase price less any deductions allowed by this chapter.

(1) (A) The tax imposed by this subchapter shall be due and payable to the Secretary of the Department of Finance and Administration monthly on or before the twentieth day of each month except as provided in this subchapter. (B) When a taxpayer has become liable to file a report with the secretary, the taxpayer must continue to file a report, even though no tax is due, until the taxpayer notifies the secretary in writing that the taxpayer is no longer liable for those reports.

(A) The tax imposed by this subchapter shall be due and payable to the Secretary of the Department of Finance and Administration monthly on or before the twentieth day of each month except as provided in this subchapter.

(B) When a taxpayer has become liable to file a report with the secretary, the taxpayer must continue to file a report, even though no tax is due, until the taxpayer notifies the secretary in writing that the taxpayer is no longer liable for those reports.

(2) Every vendor selling tangible personal property, specified digital products, a digital code, or taxable services for storage, use, distribution, or consumption in this state shall file with the secretary on or before the twentieth day of each month a sales and use tax return for the preceding monthly period in such form as may be prescribed by the secretary, showing: (A) The total tax levied by this subchapter due on all tangible personal property, specified digital products, digital codes, or taxable services sold by the vendor during the preceding monthly period, the storage, use, distribution, or consumption of which is subject to the tax levied by this subchapter; and (B) Such other information as the secretary may deem necessary for the proper administration of this subchapter.

(A) The total tax levied by this subchapter due on all tangible personal property, specified digital products, digital codes, or taxable services sold by the vendor during the preceding monthly period, the storage, use, distribution, or consumption of which is subject to the tax levied by this subchapter; and

(B) Such other information as the secretary may deem necessary for the proper administration of this subchapter.

(3) The return shall be accompanied by remittance of the amount of the tax required by this subchapter to be collected by the vendor during the period covered by the return.

(4) (A) A return shall be signed by the vendor or the vendor's duly authorized agent but need not be verified by oath. (B) A return filed electronically does not need to be signed.

(A) A return shall be signed by the vendor or the vendor's duly authorized agent but need not be verified by oath.

(B) A return filed electronically does not need to be signed.

(5) (A) A vendor required to collect and remit Arkansas compensating use tax that has average net sales of more than two hundred thousand dollars ($200,000) per month for the preceding calendar year shall make prepayment of the compensating use tax by electronic funds transfer, as defined in § 26-19-101 , according to one (1) of the following payment options: (i) (a) Making two (2) compensating use tax payments by electronic funds transfer for the current calendar month. Each payment shall be equal to forty percent (40%) of the compensating use tax due on the monthly average net sales on or before the twelfth and twenty-fourth of each month. (b) The balance of actual collections for the month shall be remitted with the monthly excise tax report due by the twentieth day of the following month; or (ii) (a) Paying by electronic funds transfer an amount equal to or exceeding eighty percent (80%) of the compensating use tax liability for the current calendar month on or before the twenty-fourth of each month. (b) The balance of actual collections for the month shall be remitted with the monthly excise tax report due by the twentieth day of the following month. (B) (i) Failure to pay compensating use tax prepayments when due shall result in the assessment of a penalty equal to five percent (5%) of the amount of each required compensating use tax prepayment. (ii) If a taxpayer elects to prepay according to subdivision (a)(5)(A)(ii) of this section and fails to pay eighty percent (80%) of the compensating use tax liability by the twenty-fourth of the current month, a penalty shall not be assessed if the taxpayer proves that more than twenty percent (20%) of the taxpayer's compensating use tax liability arose from sales occurring after the twenty-fourth of the current month but before the last day of the current month. (C) For any electronic funds transfer or report required under subdivision (a)(5)(A) of this section, the due date of which falls on a Saturday, Sunday, legal holiday, or day the Federal Reserve Bank is closed, the electronic funds transfer or report shall be made on the next succeeding business day which is not a Saturday, Sunday, legal holiday, or day the Federal Reserve Bank is closed. (D) As used in this subdivision (a)(5), "net sales" means total sales price or purchase price less any deductions allowed by this chapter.

(A) A vendor required to collect and remit Arkansas compensating use tax that has average net sales of more than two hundred thousand dollars ($200,000) per month for the preceding calendar year shall make prepayment of the compensating use tax by electronic funds transfer, as defined in § 26-19-101 , according to one (1) of the following payment options: (i) (a) Making two (2) compensating use tax payments by electronic funds transfer for the current calendar month. Each payment shall be equal to forty percent (40%) of the compensating use tax due on the monthly average net sales on or before the twelfth and twenty-fourth of each month. (b) The balance of actual collections for the month shall be remitted with the monthly excise tax report due by the twentieth day of the following month; or (ii) (a) Paying by electronic funds transfer an amount equal to or exceeding eighty percent (80%) of the compensating use tax liability for the current calendar month on or before the twenty-fourth of each month. (b) The balance of actual collections for the month shall be remitted with the monthly excise tax report due by the twentieth day of the following month.

(i) (a) Making two (2) compensating use tax payments by electronic funds transfer for the current calendar month. Each payment shall be equal to forty percent (40%) of the compensating use tax due on the monthly average net sales on or before the twelfth and twenty-fourth of each month. (b) The balance of actual collections for the month shall be remitted with the monthly excise tax report due by the twentieth day of the following month; or

(a) Making two (2) compensating use tax payments by electronic funds transfer for the current calendar month. Each payment shall be equal to forty percent (40%) of the compensating use tax due on the monthly average net sales on or before the twelfth and twenty-fourth of each month.

(b) The balance of actual collections for the month shall be remitted with the monthly excise tax report due by the twentieth day of the following month; or

(ii) (a) Paying by electronic funds transfer an amount equal to or exceeding eighty percent (80%) of the compensating use tax liability for the current calendar month on or before the twenty-fourth of each month. (b) The balance of actual collections for the month shall be remitted with the monthly excise tax report due by the twentieth day of the following month.

(a) Paying by electronic funds transfer an amount equal to or exceeding eighty percent (80%) of the compensating use tax liability for the current calendar month on or before the twenty-fourth of each month.

(b) The balance of actual collections for the month shall be remitted with the monthly excise tax report due by the twentieth day of the following month.

(B) (i) Failure to pay compensating use tax prepayments when due shall result in the assessment of a penalty equal to five percent (5%) of the amount of each required compensating use tax prepayment. (ii) If a taxpayer elects to prepay according to subdivision (a)(5)(A)(ii) of this section and fails to pay eighty percent (80%) of the compensating use tax liability by the twenty-fourth of the current month, a penalty shall not be assessed if the taxpayer proves that more than twenty percent (20%) of the taxpayer's compensating use tax liability arose from sales occurring after the twenty-fourth of the current month but before the last day of the current month.

(i) Failure to pay compensating use tax prepayments when due shall result in the assessment of a penalty equal to five percent (5%) of the amount of each required compensating use tax prepayment.

(ii) If a taxpayer elects to prepay according to subdivision (a)(5)(A)(ii) of this section and fails to pay eighty percent (80%) of the compensating use tax liability by the twenty-fourth of the current month, a penalty shall not be assessed if the taxpayer proves that more than twenty percent (20%) of the taxpayer's compensating use tax liability arose from sales occurring after the twenty-fourth of the current month but before the last day of the current month.

(C) For any electronic funds transfer or report required under subdivision (a)(5)(A) of this section, the due date of which falls on a Saturday, Sunday, legal holiday, or day the Federal Reserve Bank is closed, the electronic funds transfer or report shall be made on the next succeeding business day which is not a Saturday, Sunday, legal holiday, or day the Federal Reserve Bank is closed.

(D) As used in this subdivision (a)(5), "net sales" means total sales price or purchase price less any deductions allowed by this chapter.

(b) (1) Every person purchasing tangible personal property, specified digital products, a digital code, or taxable services of which the storage, use, distribution, or consumption is subject to the tax levied by this subchapter and who has not paid the tax due with respect to the tangible personal property, specified digital products, digital code, or taxable services to a vendor registered in accordance with the provisions of §§ 26-53-121 and 26-53-122 shall file a return with the secretary on or before the twentieth day of each month for the preceding monthly period in such a form as may be prescribed by the secretary showing: (A) The tax levied by this subchapter due on the tangible personal property, specified digital products, digital code, or taxable services purchased during the preceding monthly period; and (B) Such other information as the secretary may deem necessary for the proper administration of this subchapter. (2) The return shall be accompanied by a remittance of the amount of the tax required by this subchapter to be paid by the person purchasing the tangible personal property, specified digital products, digital code, or taxable services during the period covered by the return. (3) (A) A return shall be signed by the person liable for the tax or the person's authorized agent but need not be verified by oath. (B) A return filed electronically does not need to be signed.

(1) Every person purchasing tangible personal property, specified digital products, a digital code, or taxable services of which the storage, use, distribution, or consumption is subject to the tax levied by this subchapter and who has not paid the tax due with respect to the tangible personal property, specified digital products, digital code, or taxable services to a vendor registered in accordance with the provisions of §§ 26-53-121 and 26-53-122 shall file a return with the secretary on or before the twentieth day of each month for the preceding monthly period in such a form as may be prescribed by the secretary showing: (A) The tax levied by this subchapter due on the tangible personal property, specified digital products, digital code, or taxable services purchased during the preceding monthly period; and (B) Such other information as the secretary may deem necessary for the proper administration of this subchapter.

(A) The tax levied by this subchapter due on the tangible personal property, specified digital products, digital code, or taxable services purchased during the preceding monthly period; and

(B) Such other information as the secretary may deem necessary for the proper administration of this subchapter.

(2) The return shall be accompanied by a remittance of the amount of the tax required by this subchapter to be paid by the person purchasing the tangible personal property, specified digital products, digital code, or taxable services during the period covered by the return.

(3) (A) A return shall be signed by the person liable for the tax or the person's authorized agent but need not be verified by oath. (B) A return filed electronically does not need to be signed.

(A) A return shall be signed by the person liable for the tax or the person's authorized agent but need not be verified by oath.

(B) A return filed electronically does not need to be signed.

(c) A vendor that does not have a legal requirement to register under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., or this subchapter and is not using a certified service provider or a certified automated system as defined under the Uniform Sales and Use Tax Administration Act, § 26-20-101 et seq., shall submit sales and use tax returns as follows: (1) Upon registration, the secretary shall provide the vendor the required Arkansas returns; (2) The vendor shall file a return any time within one (1) year of the month of initial registration, and future returns may be required on an annual basis in succeeding years; and (3) In addition to the returns required in subdivision (c)(2) of this section, the vendor may be required to submit returns in the month following any month in which the vendor has accumulated state and local tax funds in the total amount of one thousand dollars ($1,000) or more.

(1) Upon registration, the secretary shall provide the vendor the required Arkansas returns;

(2) The vendor shall file a return any time within one (1) year of the month of initial registration, and future returns may be required on an annual basis in succeeding years; and

(3) In addition to the returns required in subdivision (c)(2) of this section, the vendor may be required to submit returns in the month following any month in which the vendor has accumulated state and local tax funds in the total amount of one thousand dollars ($1,000) or more.

(d) (1) When the average amount of tax for which the taxpayer is liable for the previous fiscal year beginning on July 1 and ending on June 30 does not exceed one hundred dollars ($100) per month, the secretary may notify the taxpayer that a quarterly report and remittance in lieu of a monthly report may be made on or before July 20, October 20, January 20, and April 20 of each year for the preceding three-month period. (2) When the average amount of tax for which the taxpayer is liable for the previous fiscal year beginning on July 1 and ending on June 30 does not exceed twenty-five dollars ($25.00) per month, the secretary may notify the taxpayer that a yearly report and remittance in lieu of a monthly report may be made on or before January 20 of each year for the preceding twelve-month period.

(1) When the average amount of tax for which the taxpayer is liable for the previous fiscal year beginning on July 1 and ending on June 30 does not exceed one hundred dollars ($100) per month, the secretary may notify the taxpayer that a quarterly report and remittance in lieu of a monthly report may be made on or before July 20, October 20, January 20, and April 20 of each year for the preceding three-month period.

(2) When the average amount of tax for which the taxpayer is liable for the previous fiscal year beginning on July 1 and ending on June 30 does not exceed twenty-five dollars ($25.00) per month, the secretary may notify the taxpayer that a yearly report and remittance in lieu of a monthly report may be made on or before January 20 of each year for the preceding twelve-month period.

(e) (1) Any report or remittance required under this section of which the due date falls on a Saturday, Sunday, or legal holiday shall be postmarked or transmitted on the next succeeding business day that is not a Saturday, Sunday, or legal holiday. (2) If the Federal Reserve Bank is closed on a due date that prohibits a vendor from being able to make a remittance through electronic funds transfer, the remittance shall be accepted as timely if made on the next day the Federal Reserve Bank is open. (3) A report filed in conjunction with a remittance that cannot be made due to the closure of the Federal Reserve Bank shall be accepted as timely if filed in conjunction with the payment on the next day the Federal Reserve Bank is open.

(1) Any report or remittance required under this section of which the due date falls on a Saturday, Sunday, or legal holiday shall be postmarked or transmitted on the next succeeding business day that is not a Saturday, Sunday, or legal holiday.

(2) If the Federal Reserve Bank is closed on a due date that prohibits a vendor from being able to make a remittance through electronic funds transfer, the remittance shall be accepted as timely if made on the next day the Federal Reserve Bank is open.

(3) A report filed in conjunction with a remittance that cannot be made due to the closure of the Federal Reserve Bank shall be accepted as timely if filed in conjunction with the payment on the next day the Federal Reserve Bank is open.

(f) For tax years beginning on or after January 1, 2024, a taxpayer who has an average monthly compensating use tax liability of five thousand dollars ($5,000) or more for the preceding fiscal year that began on July 1 and ended on June 30 shall file all returns and remittances required by this section electronically.

(g) The secretary may waive the electronic filing and payment requirements under subsection (f) of this section if the secretary determines that filing the return electronically would cause an undue hardship on the taxpayer.

Amended by Act 2023, No. 192,§ 2, eff. for tax years beginning on or after January 1, 2024.

Amended by Act 2019, No. 910,§ 3907, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3906, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3905, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3904, eff. 7/1/2019.

Amended by Act 2017, No. 141,§ 55, eff. for tax years beginning on and after 1/1/2018.

Amended by Act 2017, No. 141,§ 54, eff. for tax years beginning on and after 1/1/2018.

Acts 1949, No. 487, § 9; 1979, No. 915, § 2; A.S.A. 1947, § 84-3109; Acts 1991, No. 688, § 3; 2003, No. 664, §§ 3, 4; 2003, No. 1273, §§ 27-30; 2007, No. 181, § 35; 2011, No. 291, § 15; 2011, No. 1142, § 1.

This section is set out more than once due to postponed, multiple, or conflicting amendments.
Ark. Code Ann. § 26-55-224 — AR Code / Title 26 / Chapter 55 / Subchapter 2 / Section 26-55-224
Bonds - Additional bonds - Conditions for requirement
Status: in_force

(a) If the Secretary of the Department of Finance and Administration determines the amount of the existing bond is insufficient to ensure payment of the tax, interest, and penalty the distributor currently owes or may owe, the secretary may issue a written demand that the distributor file an additional bond in the same manner and form with a surety company approved by the secretary. (b) A distributor may seek administrative relief from a decision of the secretary under subsection (a) of this section by filing a written protest under the Arkansas Tax Procedure Act, § 26-18-101 et seq., or by filing a petition under the Independent Tax Appeals Commission Act, § 26-18-1101 et seq. (c) A hearing on the distributor's protest or petition under subsection (b) of this section shall be held within twenty (20) days of the date of the protest or petition, and a decision shall be issued within twenty (20) calendar days of the date of the hearing. (d) (1) A distributor may seek judicial relief from an adverse decision of the secretary or the Tax Appeals Commission by filing suit in the Pulaski County Circuit Court or in the circuit court of the county in which the distributor resides or has his or her principal place of business, where the matter shall be tried de novo. (2) The secretary may seek judicial relief under § 26-18-1117 from an adverse decision of the commission by filing suit in the Pulaski County Circuit Court or in the circuit court of the county in which the distributor resides or has its principal place of business in the state, where the matter shall be tried de novo. (3) A complaint for judicial relief under this subsection shall be filed within thirty (30) days of the date of the hearing decision issued by the secretary or the commission under subsection (c) of this section. (e) If a distributor fails to timely request a hearing to challenge the secretary's demand for additional bond under this section, the secretary shall cancel the license certificate of the distributor immediately. Amended by Act 2021, No. 593,§ 28, eff. 1/1/2023. Amended by Act 2019, No. 910,§ 3951, eff. 7/1/2019. Acts 1941, No. 383, § 9; A.S.A. 1947, § 75-1111.

(a) If the Secretary of the Department of Finance and Administration determines the amount of the existing bond is insufficient to ensure payment of the tax, interest, and penalty the distributor currently owes or may owe, the secretary may issue a written demand that the distributor file an additional bond in the same manner and form with a surety company approved by the secretary.

(b) A distributor may seek administrative relief from a decision of the secretary under subsection (a) of this section by filing a written protest under the Arkansas Tax Procedure Act, § 26-18-101 et seq., or by filing a petition under the Independent Tax Appeals Commission Act, § 26-18-1101 et seq.

(c) A hearing on the distributor's protest or petition under subsection (b) of this section shall be held within twenty (20) days of the date of the protest or petition, and a decision shall be issued within twenty (20) calendar days of the date of the hearing.

(d) (1) A distributor may seek judicial relief from an adverse decision of the secretary or the Tax Appeals Commission by filing suit in the Pulaski County Circuit Court or in the circuit court of the county in which the distributor resides or has his or her principal place of business, where the matter shall be tried de novo. (2) The secretary may seek judicial relief under § 26-18-1117 from an adverse decision of the commission by filing suit in the Pulaski County Circuit Court or in the circuit court of the county in which the distributor resides or has its principal place of business in the state, where the matter shall be tried de novo. (3) A complaint for judicial relief under this subsection shall be filed within thirty (30) days of the date of the hearing decision issued by the secretary or the commission under subsection (c) of this section.

(1) A distributor may seek judicial relief from an adverse decision of the secretary or the Tax Appeals Commission by filing suit in the Pulaski County Circuit Court or in the circuit court of the county in which the distributor resides or has his or her principal place of business, where the matter shall be tried de novo.

(2) The secretary may seek judicial relief under § 26-18-1117 from an adverse decision of the commission by filing suit in the Pulaski County Circuit Court or in the circuit court of the county in which the distributor resides or has its principal place of business in the state, where the matter shall be tried de novo.

(3) A complaint for judicial relief under this subsection shall be filed within thirty (30) days of the date of the hearing decision issued by the secretary or the commission under subsection (c) of this section.

(e) If a distributor fails to timely request a hearing to challenge the secretary's demand for additional bond under this section, the secretary shall cancel the license certificate of the distributor immediately.

Amended by Act 2021, No. 593,§ 28, eff. 1/1/2023.

Amended by Act 2019, No. 910,§ 3951, eff. 7/1/2019.

Acts 1941, No. 383, § 9; A.S.A. 1947, § 75-1111.
Ark. Code Ann. § 26-78-104 — AR Code / Title 26 / Chapter 78 / Section 26-78-104
Classification of vehicles - Maximum tax
Status: in_force

(a) The resolution of the county quorum court or of the governing body of a municipality, as the case may be, may contain a classification of vehicles by types and the rate of the County and Municipality Vehicle Tax levy, stated in dollars and cents, to be collected from the owners of the vehicles coming within the classifications. However, no such classification at the time of the adoption of any resolution shall include any vehicle for the use of which a state tax or fee for the registration or licensing of motor vehicles is not at the time levied upon the owner. (b) (1) (A) The maximum vehicle tax which may be levied and collected shall not exceed five dollars ($5.00) per year per vehicle, irrespective of its classification. (B) The owner of a vehicle, having paid the vehicle tax in any one (1) county or municipality for a particular year, shall not be required to pay the vehicle tax for the use of the same vehicle in any other county or municipality for the same year. (2) (A) If the county quorum court levies the full five dollars ($5.00) per year per vehicle for the next calendar year throughout the county, then no municipality in that county shall levy any tax for the same year, it being declared that the maximum amount that shall be paid by any owner for any vehicle for any year under this chapter shall be five dollars ($5.00). (B) If the county levies the vehicle tax but excludes the municipalities therein, then any municipality may levy any amount up to the maximum amount of five dollars ($5.00). (C) If the county levies the vehicle tax throughout the county but levies less than five dollars ($5.00), then any municipality may levy any amount up to the maximum amount which, together with the amount levied by the county quorum court, will not exceed five dollars ($5.00). Acts 1965, No. 446, § 3; A.S.A. 1947, § 76-2303.

(a) The resolution of the county quorum court or of the governing body of a municipality, as the case may be, may contain a classification of vehicles by types and the rate of the County and Municipality Vehicle Tax levy, stated in dollars and cents, to be collected from the owners of the vehicles coming within the classifications. However, no such classification at the time of the adoption of any resolution shall include any vehicle for the use of which a state tax or fee for the registration or licensing of motor vehicles is not at the time levied upon the owner.

(b) (1) (A) The maximum vehicle tax which may be levied and collected shall not exceed five dollars ($5.00) per year per vehicle, irrespective of its classification. (B) The owner of a vehicle, having paid the vehicle tax in any one (1) county or municipality for a particular year, shall not be required to pay the vehicle tax for the use of the same vehicle in any other county or municipality for the same year. (2) (A) If the county quorum court levies the full five dollars ($5.00) per year per vehicle for the next calendar year throughout the county, then no municipality in that county shall levy any tax for the same year, it being declared that the maximum amount that shall be paid by any owner for any vehicle for any year under this chapter shall be five dollars ($5.00). (B) If the county levies the vehicle tax but excludes the municipalities therein, then any municipality may levy any amount up to the maximum amount of five dollars ($5.00). (C) If the county levies the vehicle tax throughout the county but levies less than five dollars ($5.00), then any municipality may levy any amount up to the maximum amount which, together with the amount levied by the county quorum court, will not exceed five dollars ($5.00).

(1) (A) The maximum vehicle tax which may be levied and collected shall not exceed five dollars ($5.00) per year per vehicle, irrespective of its classification. (B) The owner of a vehicle, having paid the vehicle tax in any one (1) county or municipality for a particular year, shall not be required to pay the vehicle tax for the use of the same vehicle in any other county or municipality for the same year.

(A) The maximum vehicle tax which may be levied and collected shall not exceed five dollars ($5.00) per year per vehicle, irrespective of its classification.

(B) The owner of a vehicle, having paid the vehicle tax in any one (1) county or municipality for a particular year, shall not be required to pay the vehicle tax for the use of the same vehicle in any other county or municipality for the same year.

(2) (A) If the county quorum court levies the full five dollars ($5.00) per year per vehicle for the next calendar year throughout the county, then no municipality in that county shall levy any tax for the same year, it being declared that the maximum amount that shall be paid by any owner for any vehicle for any year under this chapter shall be five dollars ($5.00). (B) If the county levies the vehicle tax but excludes the municipalities therein, then any municipality may levy any amount up to the maximum amount of five dollars ($5.00). (C) If the county levies the vehicle tax throughout the county but levies less than five dollars ($5.00), then any municipality may levy any amount up to the maximum amount which, together with the amount levied by the county quorum court, will not exceed five dollars ($5.00).

(A) If the county quorum court levies the full five dollars ($5.00) per year per vehicle for the next calendar year throughout the county, then no municipality in that county shall levy any tax for the same year, it being declared that the maximum amount that shall be paid by any owner for any vehicle for any year under this chapter shall be five dollars ($5.00).

(B) If the county levies the vehicle tax but excludes the municipalities therein, then any municipality may levy any amount up to the maximum amount of five dollars ($5.00).

(C) If the county levies the vehicle tax throughout the county but levies less than five dollars ($5.00), then any municipality may levy any amount up to the maximum amount which, together with the amount levied by the county quorum court, will not exceed five dollars ($5.00).

Acts 1965, No. 446, § 3; A.S.A. 1947, § 76-2303.