Ark. Code Ann. § 26-37-205 — AR Code / Title 26 / Chapter 37 / Subchapter 2 / Section 26-37-205
Distribution of funds - Definition
Status: in_force

(a) All moneys collected by the Commissioner of State Lands from the sale or redemption of tax-delinquent parcels shall be distributed as follows: (1) (A) First, to the Commissioner of State Lands, the penalties, the collection fees, the sale costs, and the other costs as prescribed by law. (B) The sale costs include without limitation fees for title work; (2) Second, to each county an amount equal to the taxes due plus interest and costs to the county as certified by the county collector, which amount shall be held in an escrow fund administered by and remitted to the county within one (1) calendar year of the receipt of the moneys by the Commissioner of State Lands; (3) (A) Third, to each county an amount equal to the delinquent personal property taxes, plus penalty, of the owner or owners of the tax-delinquent parcel as certified by the county collector, which amount shall be held in an escrow fund administered by and remitted to the county after one (1) calendar year of the receipt of the moneys by the Commissioner of State Lands. (B) The Commissioner of State Lands shall review the information provided by the county collector and any other interested party to ascertain: (i) Whether the personal property tax and penalty qualifies to be withheld from the tax-delinquent parcel sale proceeds; and (ii) The amount of personal property tax and penalty that qualifies under this subdivision (a)(3) to be withheld. (C) If the Commissioner of State Lands is required to make a refund of the personal property taxes withheld under subdivision (a)(3)(A) of this section to a purchaser of tax-delinquent parcels for any reason, the amount of the refund shall be recovered by the Commissioner of State Lands from the county or counties that originally received the proceeds under this subdivision (a)(3) of the tax-delinquent parcel sale. (D) The Commissioner of State Lands shall promulgate rules and forms needed to administer this subdivision (a)(3). (E) This section does not require the Commissioner of State Lands to search county records to determine whether an owner of the tax-delinquent parcel owes delinquent personal property taxes. (F) This section does not grant a county a right to a lien against real property for the payment of delinquent personal property tax; (4) (A) Fourth, to the Department of Finance and Administration an amount equal to the delinquent tax, penalty, and interest owed to the department and for which certificates of indebtedness have been filed against the owner or owners of the tax-delinquent parcel as certified by the department, which amount shall be held in an escrow fund administered by and remitted to the department within one (1) calendar year after the receipt of the moneys by the Commissioner of State Lands. (B) If the Commissioner of State Lands is required to make a refund of the taxes withheld under subdivision (a)(4)(A) of this section to a purchaser of tax-delinquent parcels for any reason, the amount of the refund shall be recovered by the Commissioner of State Lands from the department from the proceeds originally received under this subdivision (a)(4). (C) The Commissioner of State Lands shall promulgate rules and forms needed to administer this subdivision (a)(4); (5) (A) Fifth, to each county an amount equal to the delinquent solid waste assessments, plus penalty and interest, of the owner or owners of the tax-delinquent parcel as certified by the county collector, which amount shall be held in an escrow fund administered by and remitted to the county after one (1) calendar year of the receipt of the moneys by the Commissioner of State Lands. (B) The Commissioner of State Lands shall review the information provided by the county collector and any other interested party to ascertain: (i) Whether the amount of delinquent solid waste assessment and penalty and interest qualifies to be withheld from the tax-delinquent parcel sale proceeds; and (ii) The amount of delinquent solid waste assessment and penalty and interest that qualifies under this subdivision (a)(5) to be withheld. (C) If the Commissioner of State Lands is required to make a refund of the delinquent solid waste assessment withheld under subdivision (a)(5)(A) of this section to a purchaser of tax-delinquent parcels for any reason, the amount of the refund shall be recovered by the Commissioner of State Lands from the county or counties that originally received the proceeds under this subdivision (a)(5) of the tax-delinquent parcel sale. (D) The Commissioner of State Lands shall promulgate rules and forms needed to administer this subdivision (a)(5). (E) This section does not require the Commissioner of State Lands to search county records to determine whether an owner of the tax-delinquent parcel owes delinquent solid waste assessments. (F) This section does not grant a county a right to a lien against real property for the payment of delinquent solid waste assessment; and (6) Sixth, to be placed in another escrow fund administered by the Commissioner of State Lands, the remainder, if any. (b) If no actions are brought within the time limits prescribed under this subchapter, the remaining funds, if any, shall be distributed by the Commissioner of State Lands as follows: (1) (A) Ten percent (10%) of the remaining funds up to a maximum amount of five hundred dollars ($500) shall be paid to the Commissioner of State Lands for the administration of the distribution of the funds. (B) However, the amount paid to the Commissioner of State Lands under this subdivision (b)(1) shall not be a sum less than the amount necessary to pay filing fees required to record any deeds; and (2) (A) After payment is made to the Commissioner of State Lands pursuant to subdivision (b)(1) of this section, the amount left in the remaining funds shall be paid to the former owners of the tax-delinquent parcel. (B) (i) "Former owner" means a person, partnership, corporation, or other legal entity capable of owning real property in the State of Arkansas and that holds record title to the real property on the date of sale by the Commissioner of State Lands. (ii) "Former owner" does not include heirs or relations beyond the first degree of consanguinity. (C) (i) A former owner must file an application with the Commissioner of State Lands requesting the release of the funds. (ii) The application shall be provided by the Commissioner of State Lands and shall require proof of ownership of the tax-delinquent parcel as well as proof of authority to act on behalf of the owner. (iii) The application may require other information the Commissioner of State Lands deems necessary before the release of the funds. (D) (i) The former owner shall release and relinquish all rights, title, and interests in and to the tax-delinquent parcel. (ii) The Commissioner of State Lands shall provide a release deed to the former owner to execute. (E) In the event of any dispute, claim, multiple claims of ownership, controversy regarding the release of the funds, or claim not expressly permitted under this section, the Commissioner of State Lands may require the party or parties to provide a court order to resolve the issues and to establish the party or parties entitled to the remaining funds. (F) An agreement by a former owner, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of remaining funds, is enforceable only if the agreement: (i) Is in writing; (ii) Clearly sets forth the nature of the property and the services to be rendered; (iii) Provides a fee of not more than ten percent (10%) of the recovery; (iv) Is signed by the former owner; and (v) States the value of the remaining funds before and after the fee or other compensation has been deducted. (G) (i) An agreement covered by subdivision (b)(2)(F) of this section that provides for compensation that is unconscionable is unenforceable except by the former owner. (ii) A former owner who has agreed to pay compensation that is unconscionable may maintain an action to reduce the compensation to a conscionable amount. (iii) The court may award reasonable attorney's fees to a former owner that prevails in the action. (H) Subdivision (b)(2)(G) of this section does not preclude a former owner from asserting that an agreement covered by subdivision (b)(2)(F) of this section is invalid on grounds other than unconscionable compensation. (I) (i) The Commissioner of State Lands shall make all funds payable to the former owner. (ii) No funds shall be made payable to any other person or entity other than the former owner without a court order directing the payment to the other person or entity. (iii) No interest shall be paid to the former owner on the funds. (J) (i) Anyone filing a claim or assisting with the filing of a claim that results in the erroneous payment of a claim is responsible for the repayment of all funds paid. (ii) Any claim filed fraudulently is punishable as a Class D felony. (3) [Repealed.] (c) Any funds placed in escrow shall be held by the Commissioner of State Lands for two (2) years from the date the funds are placed in escrow, and if at the conclusion of that time the funds have not been distributed, the escrow funds shall escheat by operation of law to the county in which the parcel is located. (d) All funds distributed to each county by the Commissioner of State Lands from the redemption or sale of tax-delinquent parcels, including any interest and costs, are to be distributed to the applicable taxing units where the delinquent parcel is located within the county in the manner and proportion that the taxes would have been distributed if they had been collected in the year due. (e) All funds received by a county from the redemption of tax-delinquent parcels at the county level, including any penalty, interest, and costs, are to be distributed to the applicable taxing units where the delinquent parcel is located within the county in the manner and proportion that the taxes would have been distributed if they had been collected in the year due. (f) This section shall be severable, and if any phrase, clause, sentence, or provision of this section is declared to be contrary to the laws of this state, the validity of the remainder of this section shall not be affected. Amended by Act 2023, No. 172,§ 11, eff. 8/1/2023. Amended by Act 2023, No. 172,§ 10, eff. 8/1/2023. Amended by Act 2023, No. 172,§ 9, eff. 8/1/2023. Amended by Act 2023, No. 172,§ 8, eff. 8/1/2023. Amended by Act 2023, No. 172,§ 7, eff. 8/1/2023. Amended by Act 2023, No. 172,§ 6, eff. 8/1/2023. Amended by Act 2017, No. 1053,§ 5, eff. 8/1/2017. Amended by Act 2017, No. 1053,§ 4, eff. 8/1/2017. Amended by Act 2017, No. 1053,§ 3, eff. 8/1/2017. Amended by Act 2013, No. 1485,§ 1, eff. 8/16/2013. Acts 1983, No. 626, § 6; 1985, No. 1021, § 1; A.S.A. 1947, § 84-1131; Acts 1987, No. 814, § 7; 1989, No. 424, § 1; 1991, No. 1080, § 3; 2003, No. 1215, § 2; 2005, No. 1880, § 1; 2009, No. 400, § 1; 2011, No. 785, § 1.

(a) All moneys collected by the Commissioner of State Lands from the sale or redemption of tax-delinquent parcels shall be distributed as follows: (1) (A) First, to the Commissioner of State Lands, the penalties, the collection fees, the sale costs, and the other costs as prescribed by law. (B) The sale costs include without limitation fees for title work; (2) Second, to each county an amount equal to the taxes due plus interest and costs to the county as certified by the county collector, which amount shall be held in an escrow fund administered by and remitted to the county within one (1) calendar year of the receipt of the moneys by the Commissioner of State Lands; (3) (A) Third, to each county an amount equal to the delinquent personal property taxes, plus penalty, of the owner or owners of the tax-delinquent parcel as certified by the county collector, which amount shall be held in an escrow fund administered by and remitted to the county after one (1) calendar year of the receipt of the moneys by the Commissioner of State Lands. (B) The Commissioner of State Lands shall review the information provided by the county collector and any other interested party to ascertain: (i) Whether the personal property tax and penalty qualifies to be withheld from the tax-delinquent parcel sale proceeds; and (ii) The amount of personal property tax and penalty that qualifies under this subdivision (a)(3) to be withheld. (C) If the Commissioner of State Lands is required to make a refund of the personal property taxes withheld under subdivision (a)(3)(A) of this section to a purchaser of tax-delinquent parcels for any reason, the amount of the refund shall be recovered by the Commissioner of State Lands from the county or counties that originally received the proceeds under this subdivision (a)(3) of the tax-delinquent parcel sale. (D) The Commissioner of State Lands shall promulgate rules and forms needed to administer this subdivision (a)(3). (E) This section does not require the Commissioner of State Lands to search county records to determine whether an owner of the tax-delinquent parcel owes delinquent personal property taxes. (F) This section does not grant a county a right to a lien against real property for the payment of delinquent personal property tax; (4) (A) Fourth, to the Department of Finance and Administration an amount equal to the delinquent tax, penalty, and interest owed to the department and for which certificates of indebtedness have been filed against the owner or owners of the tax-delinquent parcel as certified by the department, which amount shall be held in an escrow fund administered by and remitted to the department within one (1) calendar year after the receipt of the moneys by the Commissioner of State Lands. (B) If the Commissioner of State Lands is required to make a refund of the taxes withheld under subdivision (a)(4)(A) of this section to a purchaser of tax-delinquent parcels for any reason, the amount of the refund shall be recovered by the Commissioner of State Lands from the department from the proceeds originally received under this subdivision (a)(4). (C) The Commissioner of State Lands shall promulgate rules and forms needed to administer this subdivision (a)(4); (5) (A) Fifth, to each county an amount equal to the delinquent solid waste assessments, plus penalty and interest, of the owner or owners of the tax-delinquent parcel as certified by the county collector, which amount shall be held in an escrow fund administered by and remitted to the county after one (1) calendar year of the receipt of the moneys by the Commissioner of State Lands. (B) The Commissioner of State Lands shall review the information provided by the county collector and any other interested party to ascertain: (i) Whether the amount of delinquent solid waste assessment and penalty and interest qualifies to be withheld from the tax-delinquent parcel sale proceeds; and (ii) The amount of delinquent solid waste assessment and penalty and interest that qualifies under this subdivision (a)(5) to be withheld. (C) If the Commissioner of State Lands is required to make a refund of the delinquent solid waste assessment withheld under subdivision (a)(5)(A) of this section to a purchaser of tax-delinquent parcels for any reason, the amount of the refund shall be recovered by the Commissioner of State Lands from the county or counties that originally received the proceeds under this subdivision (a)(5) of the tax-delinquent parcel sale. (D) The Commissioner of State Lands shall promulgate rules and forms needed to administer this subdivision (a)(5). (E) This section does not require the Commissioner of State Lands to search county records to determine whether an owner of the tax-delinquent parcel owes delinquent solid waste assessments. (F) This section does not grant a county a right to a lien against real property for the payment of delinquent solid waste assessment; and (6) Sixth, to be placed in another escrow fund administered by the Commissioner of State Lands, the remainder, if any.

(1) (A) First, to the Commissioner of State Lands, the penalties, the collection fees, the sale costs, and the other costs as prescribed by law. (B) The sale costs include without limitation fees for title work;

(A) First, to the Commissioner of State Lands, the penalties, the collection fees, the sale costs, and the other costs as prescribed by law.

(B) The sale costs include without limitation fees for title work;

(2) Second, to each county an amount equal to the taxes due plus interest and costs to the county as certified by the county collector, which amount shall be held in an escrow fund administered by and remitted to the county within one (1) calendar year of the receipt of the moneys by the Commissioner of State Lands;

(3) (A) Third, to each county an amount equal to the delinquent personal property taxes, plus penalty, of the owner or owners of the tax-delinquent parcel as certified by the county collector, which amount shall be held in an escrow fund administered by and remitted to the county after one (1) calendar year of the receipt of the moneys by the Commissioner of State Lands. (B) The Commissioner of State Lands shall review the information provided by the county collector and any other interested party to ascertain: (i) Whether the personal property tax and penalty qualifies to be withheld from the tax-delinquent parcel sale proceeds; and (ii) The amount of personal property tax and penalty that qualifies under this subdivision (a)(3) to be withheld. (C) If the Commissioner of State Lands is required to make a refund of the personal property taxes withheld under subdivision (a)(3)(A) of this section to a purchaser of tax-delinquent parcels for any reason, the amount of the refund shall be recovered by the Commissioner of State Lands from the county or counties that originally received the proceeds under this subdivision (a)(3) of the tax-delinquent parcel sale. (D) The Commissioner of State Lands shall promulgate rules and forms needed to administer this subdivision (a)(3). (E) This section does not require the Commissioner of State Lands to search county records to determine whether an owner of the tax-delinquent parcel owes delinquent personal property taxes. (F) This section does not grant a county a right to a lien against real property for the payment of delinquent personal property tax;

(A) Third, to each county an amount equal to the delinquent personal property taxes, plus penalty, of the owner or owners of the tax-delinquent parcel as certified by the county collector, which amount shall be held in an escrow fund administered by and remitted to the county after one (1) calendar year of the receipt of the moneys by the Commissioner of State Lands.

(B) The Commissioner of State Lands shall review the information provided by the county collector and any other interested party to ascertain: (i) Whether the personal property tax and penalty qualifies to be withheld from the tax-delinquent parcel sale proceeds; and (ii) The amount of personal property tax and penalty that qualifies under this subdivision (a)(3) to be withheld.

(i) Whether the personal property tax and penalty qualifies to be withheld from the tax-delinquent parcel sale proceeds; and

(ii) The amount of personal property tax and penalty that qualifies under this subdivision (a)(3) to be withheld.

(C) If the Commissioner of State Lands is required to make a refund of the personal property taxes withheld under subdivision (a)(3)(A) of this section to a purchaser of tax-delinquent parcels for any reason, the amount of the refund shall be recovered by the Commissioner of State Lands from the county or counties that originally received the proceeds under this subdivision (a)(3) of the tax-delinquent parcel sale.

(D) The Commissioner of State Lands shall promulgate rules and forms needed to administer this subdivision (a)(3).

(E) This section does not require the Commissioner of State Lands to search county records to determine whether an owner of the tax-delinquent parcel owes delinquent personal property taxes.

(F) This section does not grant a county a right to a lien against real property for the payment of delinquent personal property tax;

(4) (A) Fourth, to the Department of Finance and Administration an amount equal to the delinquent tax, penalty, and interest owed to the department and for which certificates of indebtedness have been filed against the owner or owners of the tax-delinquent parcel as certified by the department, which amount shall be held in an escrow fund administered by and remitted to the department within one (1) calendar year after the receipt of the moneys by the Commissioner of State Lands. (B) If the Commissioner of State Lands is required to make a refund of the taxes withheld under subdivision (a)(4)(A) of this section to a purchaser of tax-delinquent parcels for any reason, the amount of the refund shall be recovered by the Commissioner of State Lands from the department from the proceeds originally received under this subdivision (a)(4). (C) The Commissioner of State Lands shall promulgate rules and forms needed to administer this subdivision (a)(4);

(A) Fourth, to the Department of Finance and Administration an amount equal to the delinquent tax, penalty, and interest owed to the department and for which certificates of indebtedness have been filed against the owner or owners of the tax-delinquent parcel as certified by the department, which amount shall be held in an escrow fund administered by and remitted to the department within one (1) calendar year after the receipt of the moneys by the Commissioner of State Lands.

(B) If the Commissioner of State Lands is required to make a refund of the taxes withheld under subdivision (a)(4)(A) of this section to a purchaser of tax-delinquent parcels for any reason, the amount of the refund shall be recovered by the Commissioner of State Lands from the department from the proceeds originally received under this subdivision (a)(4).

(C) The Commissioner of State Lands shall promulgate rules and forms needed to administer this subdivision (a)(4);

(5) (A) Fifth, to each county an amount equal to the delinquent solid waste assessments, plus penalty and interest, of the owner or owners of the tax-delinquent parcel as certified by the county collector, which amount shall be held in an escrow fund administered by and remitted to the county after one (1) calendar year of the receipt of the moneys by the Commissioner of State Lands. (B) The Commissioner of State Lands shall review the information provided by the county collector and any other interested party to ascertain: (i) Whether the amount of delinquent solid waste assessment and penalty and interest qualifies to be withheld from the tax-delinquent parcel sale proceeds; and (ii) The amount of delinquent solid waste assessment and penalty and interest that qualifies under this subdivision (a)(5) to be withheld. (C) If the Commissioner of State Lands is required to make a refund of the delinquent solid waste assessment withheld under subdivision (a)(5)(A) of this section to a purchaser of tax-delinquent parcels for any reason, the amount of the refund shall be recovered by the Commissioner of State Lands from the county or counties that originally received the proceeds under this subdivision (a)(5) of the tax-delinquent parcel sale. (D) The Commissioner of State Lands shall promulgate rules and forms needed to administer this subdivision (a)(5). (E) This section does not require the Commissioner of State Lands to search county records to determine whether an owner of the tax-delinquent parcel owes delinquent solid waste assessments. (F) This section does not grant a county a right to a lien against real property for the payment of delinquent solid waste assessment; and

(A) Fifth, to each county an amount equal to the delinquent solid waste assessments, plus penalty and interest, of the owner or owners of the tax-delinquent parcel as certified by the county collector, which amount shall be held in an escrow fund administered by and remitted to the county after one (1) calendar year of the receipt of the moneys by the Commissioner of State Lands.

(B) The Commissioner of State Lands shall review the information provided by the county collector and any other interested party to ascertain: (i) Whether the amount of delinquent solid waste assessment and penalty and interest qualifies to be withheld from the tax-delinquent parcel sale proceeds; and (ii) The amount of delinquent solid waste assessment and penalty and interest that qualifies under this subdivision (a)(5) to be withheld.

(i) Whether the amount of delinquent solid waste assessment and penalty and interest qualifies to be withheld from the tax-delinquent parcel sale proceeds; and

(ii) The amount of delinquent solid waste assessment and penalty and interest that qualifies under this subdivision (a)(5) to be withheld.

(C) If the Commissioner of State Lands is required to make a refund of the delinquent solid waste assessment withheld under subdivision (a)(5)(A) of this section to a purchaser of tax-delinquent parcels for any reason, the amount of the refund shall be recovered by the Commissioner of State Lands from the county or counties that originally received the proceeds under this subdivision (a)(5) of the tax-delinquent parcel sale.

(D) The Commissioner of State Lands shall promulgate rules and forms needed to administer this subdivision (a)(5).

(E) This section does not require the Commissioner of State Lands to search county records to determine whether an owner of the tax-delinquent parcel owes delinquent solid waste assessments.

(F) This section does not grant a county a right to a lien against real property for the payment of delinquent solid waste assessment; and

(6) Sixth, to be placed in another escrow fund administered by the Commissioner of State Lands, the remainder, if any.

(b) If no actions are brought within the time limits prescribed under this subchapter, the remaining funds, if any, shall be distributed by the Commissioner of State Lands as follows: (1) (A) Ten percent (10%) of the remaining funds up to a maximum amount of five hundred dollars ($500) shall be paid to the Commissioner of State Lands for the administration of the distribution of the funds. (B) However, the amount paid to the Commissioner of State Lands under this subdivision (b)(1) shall not be a sum less than the amount necessary to pay filing fees required to record any deeds; and (2) (A) After payment is made to the Commissioner of State Lands pursuant to subdivision (b)(1) of this section, the amount left in the remaining funds shall be paid to the former owners of the tax-delinquent parcel. (B) (i) "Former owner" means a person, partnership, corporation, or other legal entity capable of owning real property in the State of Arkansas and that holds record title to the real property on the date of sale by the Commissioner of State Lands. (ii) "Former owner" does not include heirs or relations beyond the first degree of consanguinity. (C) (i) A former owner must file an application with the Commissioner of State Lands requesting the release of the funds. (ii) The application shall be provided by the Commissioner of State Lands and shall require proof of ownership of the tax-delinquent parcel as well as proof of authority to act on behalf of the owner. (iii) The application may require other information the Commissioner of State Lands deems necessary before the release of the funds. (D) (i) The former owner shall release and relinquish all rights, title, and interests in and to the tax-delinquent parcel. (ii) The Commissioner of State Lands shall provide a release deed to the former owner to execute. (E) In the event of any dispute, claim, multiple claims of ownership, controversy regarding the release of the funds, or claim not expressly permitted under this section, the Commissioner of State Lands may require the party or parties to provide a court order to resolve the issues and to establish the party or parties entitled to the remaining funds. (F) An agreement by a former owner, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of remaining funds, is enforceable only if the agreement: (i) Is in writing; (ii) Clearly sets forth the nature of the property and the services to be rendered; (iii) Provides a fee of not more than ten percent (10%) of the recovery; (iv) Is signed by the former owner; and (v) States the value of the remaining funds before and after the fee or other compensation has been deducted. (G) (i) An agreement covered by subdivision (b)(2)(F) of this section that provides for compensation that is unconscionable is unenforceable except by the former owner. (ii) A former owner who has agreed to pay compensation that is unconscionable may maintain an action to reduce the compensation to a conscionable amount. (iii) The court may award reasonable attorney's fees to a former owner that prevails in the action. (H) Subdivision (b)(2)(G) of this section does not preclude a former owner from asserting that an agreement covered by subdivision (b)(2)(F) of this section is invalid on grounds other than unconscionable compensation. (I) (i) The Commissioner of State Lands shall make all funds payable to the former owner. (ii) No funds shall be made payable to any other person or entity other than the former owner without a court order directing the payment to the other person or entity. (iii) No interest shall be paid to the former owner on the funds. (J) (i) Anyone filing a claim or assisting with the filing of a claim that results in the erroneous payment of a claim is responsible for the repayment of all funds paid. (ii) Any claim filed fraudulently is punishable as a Class D felony. (3) [Repealed.]

(1) (A) Ten percent (10%) of the remaining funds up to a maximum amount of five hundred dollars ($500) shall be paid to the Commissioner of State Lands for the administration of the distribution of the funds. (B) However, the amount paid to the Commissioner of State Lands under this subdivision (b)(1) shall not be a sum less than the amount necessary to pay filing fees required to record any deeds; and

(A) Ten percent (10%) of the remaining funds up to a maximum amount of five hundred dollars ($500) shall be paid to the Commissioner of State Lands for the administration of the distribution of the funds.

(B) However, the amount paid to the Commissioner of State Lands under this subdivision (b)(1) shall not be a sum less than the amount necessary to pay filing fees required to record any deeds; and

(2) (A) After payment is made to the Commissioner of State Lands pursuant to subdivision (b)(1) of this section, the amount left in the remaining funds shall be paid to the former owners of the tax-delinquent parcel. (B) (i) "Former owner" means a person, partnership, corporation, or other legal entity capable of owning real property in the State of Arkansas and that holds record title to the real property on the date of sale by the Commissioner of State Lands. (ii) "Former owner" does not include heirs or relations beyond the first degree of consanguinity. (C) (i) A former owner must file an application with the Commissioner of State Lands requesting the release of the funds. (ii) The application shall be provided by the Commissioner of State Lands and shall require proof of ownership of the tax-delinquent parcel as well as proof of authority to act on behalf of the owner. (iii) The application may require other information the Commissioner of State Lands deems necessary before the release of the funds. (D) (i) The former owner shall release and relinquish all rights, title, and interests in and to the tax-delinquent parcel. (ii) The Commissioner of State Lands shall provide a release deed to the former owner to execute. (E) In the event of any dispute, claim, multiple claims of ownership, controversy regarding the release of the funds, or claim not expressly permitted under this section, the Commissioner of State Lands may require the party or parties to provide a court order to resolve the issues and to establish the party or parties entitled to the remaining funds. (F) An agreement by a former owner, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of remaining funds, is enforceable only if the agreement: (i) Is in writing; (ii) Clearly sets forth the nature of the property and the services to be rendered; (iii) Provides a fee of not more than ten percent (10%) of the recovery; (iv) Is signed by the former owner; and (v) States the value of the remaining funds before and after the fee or other compensation has been deducted. (G) (i) An agreement covered by subdivision (b)(2)(F) of this section that provides for compensation that is unconscionable is unenforceable except by the former owner. (ii) A former owner who has agreed to pay compensation that is unconscionable may maintain an action to reduce the compensation to a conscionable amount. (iii) The court may award reasonable attorney's fees to a former owner that prevails in the action. (H) Subdivision (b)(2)(G) of this section does not preclude a former owner from asserting that an agreement covered by subdivision (b)(2)(F) of this section is invalid on grounds other than unconscionable compensation. (I) (i) The Commissioner of State Lands shall make all funds payable to the former owner. (ii) No funds shall be made payable to any other person or entity other than the former owner without a court order directing the payment to the other person or entity. (iii) No interest shall be paid to the former owner on the funds. (J) (i) Anyone filing a claim or assisting with the filing of a claim that results in the erroneous payment of a claim is responsible for the repayment of all funds paid. (ii) Any claim filed fraudulently is punishable as a Class D felony.

(A) After payment is made to the Commissioner of State Lands pursuant to subdivision (b)(1) of this section, the amount left in the remaining funds shall be paid to the former owners of the tax-delinquent parcel.

(B) (i) "Former owner" means a person, partnership, corporation, or other legal entity capable of owning real property in the State of Arkansas and that holds record title to the real property on the date of sale by the Commissioner of State Lands. (ii) "Former owner" does not include heirs or relations beyond the first degree of consanguinity.

(i) "Former owner" means a person, partnership, corporation, or other legal entity capable of owning real property in the State of Arkansas and that holds record title to the real property on the date of sale by the Commissioner of State Lands.

(ii) "Former owner" does not include heirs or relations beyond the first degree of consanguinity.

(C) (i) A former owner must file an application with the Commissioner of State Lands requesting the release of the funds. (ii) The application shall be provided by the Commissioner of State Lands and shall require proof of ownership of the tax-delinquent parcel as well as proof of authority to act on behalf of the owner. (iii) The application may require other information the Commissioner of State Lands deems necessary before the release of the funds.

(i) A former owner must file an application with the Commissioner of State Lands requesting the release of the funds.

(ii) The application shall be provided by the Commissioner of State Lands and shall require proof of ownership of the tax-delinquent parcel as well as proof of authority to act on behalf of the owner.

(iii) The application may require other information the Commissioner of State Lands deems necessary before the release of the funds.

(D) (i) The former owner shall release and relinquish all rights, title, and interests in and to the tax-delinquent parcel. (ii) The Commissioner of State Lands shall provide a release deed to the former owner to execute.

(i) The former owner shall release and relinquish all rights, title, and interests in and to the tax-delinquent parcel.

(ii) The Commissioner of State Lands shall provide a release deed to the former owner to execute.

(E) In the event of any dispute, claim, multiple claims of ownership, controversy regarding the release of the funds, or claim not expressly permitted under this section, the Commissioner of State Lands may require the party or parties to provide a court order to resolve the issues and to establish the party or parties entitled to the remaining funds.

(F) An agreement by a former owner, the primary purpose of which is to locate, deliver, recover, or assist in the recovery of remaining funds, is enforceable only if the agreement: (i) Is in writing; (ii) Clearly sets forth the nature of the property and the services to be rendered; (iii) Provides a fee of not more than ten percent (10%) of the recovery; (iv) Is signed by the former owner; and (v) States the value of the remaining funds before and after the fee or other compensation has been deducted.

(i) Is in writing;

(ii) Clearly sets forth the nature of the property and the services to be rendered;

(iii) Provides a fee of not more than ten percent (10%) of the recovery;

(iv) Is signed by the former owner; and

(v) States the value of the remaining funds before and after the fee or other compensation has been deducted.

(G) (i) An agreement covered by subdivision (b)(2)(F) of this section that provides for compensation that is unconscionable is unenforceable except by the former owner. (ii) A former owner who has agreed to pay compensation that is unconscionable may maintain an action to reduce the compensation to a conscionable amount. (iii) The court may award reasonable attorney's fees to a former owner that prevails in the action.

(i) An agreement covered by subdivision (b)(2)(F) of this section that provides for compensation that is unconscionable is unenforceable except by the former owner.

(ii) A former owner who has agreed to pay compensation that is unconscionable may maintain an action to reduce the compensation to a conscionable amount.

(iii) The court may award reasonable attorney's fees to a former owner that prevails in the action.

(H) Subdivision (b)(2)(G) of this section does not preclude a former owner from asserting that an agreement covered by subdivision (b)(2)(F) of this section is invalid on grounds other than unconscionable compensation.

(I) (i) The Commissioner of State Lands shall make all funds payable to the former owner. (ii) No funds shall be made payable to any other person or entity other than the former owner without a court order directing the payment to the other person or entity. (iii) No interest shall be paid to the former owner on the funds.

(i) The Commissioner of State Lands shall make all funds payable to the former owner.

(ii) No funds shall be made payable to any other person or entity other than the former owner without a court order directing the payment to the other person or entity.

(iii) No interest shall be paid to the former owner on the funds.

(J) (i) Anyone filing a claim or assisting with the filing of a claim that results in the erroneous payment of a claim is responsible for the repayment of all funds paid. (ii) Any claim filed fraudulently is punishable as a Class D felony.

(i) Anyone filing a claim or assisting with the filing of a claim that results in the erroneous payment of a claim is responsible for the repayment of all funds paid.

(ii) Any claim filed fraudulently is punishable as a Class D felony.

(3) [Repealed.]

(c) Any funds placed in escrow shall be held by the Commissioner of State Lands for two (2) years from the date the funds are placed in escrow, and if at the conclusion of that time the funds have not been distributed, the escrow funds shall escheat by operation of law to the county in which the parcel is located.

(d) All funds distributed to each county by the Commissioner of State Lands from the redemption or sale of tax-delinquent parcels, including any interest and costs, are to be distributed to the applicable taxing units where the delinquent parcel is located within the county in the manner and proportion that the taxes would have been distributed if they had been collected in the year due.

(e) All funds received by a county from the redemption of tax-delinquent parcels at the county level, including any penalty, interest, and costs, are to be distributed to the applicable taxing units where the delinquent parcel is located within the county in the manner and proportion that the taxes would have been distributed if they had been collected in the year due.

(f) This section shall be severable, and if any phrase, clause, sentence, or provision of this section is declared to be contrary to the laws of this state, the validity of the remainder of this section shall not be affected.

Amended by Act 2023, No. 172,§ 11, eff. 8/1/2023.

Amended by Act 2023, No. 172,§ 10, eff. 8/1/2023.

Amended by Act 2023, No. 172,§ 9, eff. 8/1/2023.

Amended by Act 2023, No. 172,§ 8, eff. 8/1/2023.

Amended by Act 2023, No. 172,§ 7, eff. 8/1/2023.

Amended by Act 2023, No. 172,§ 6, eff. 8/1/2023.

Amended by Act 2017, No. 1053,§ 5, eff. 8/1/2017.

Amended by Act 2017, No. 1053,§ 4, eff. 8/1/2017.

Amended by Act 2017, No. 1053,§ 3, eff. 8/1/2017.

Amended by Act 2013, No. 1485,§ 1, eff. 8/16/2013.

Acts 1983, No. 626, § 6; 1985, No. 1021, § 1; A.S.A. 1947, § 84-1131; Acts 1987, No. 814, § 7; 1989, No. 424, § 1; 1991, No. 1080, § 3; 2003, No. 1215, § 2; 2005, No. 1880, § 1; 2009, No. 400, § 1; 2011, No. 785, § 1.
Ark. Code Ann. § 26-57-1104 — AR Code / Title 26 / Chapter 57 / Subchapter 11 / Section 26-57-1104
Reporting and remittance
Status: in_force

The additional taxes levied in §§ 26-57-1101 and 26-57-1102 shall be reported and remitted in the same manner and at the same time as other taxes levied on cigarettes in the Arkansas Tobacco Products Tax Act of 1977, § 26-57-201 et seq. Acts 1997, No. 434, § 10.

The additional taxes levied in §§ 26-57-1101 and 26-57-1102 shall be reported and remitted in the same manner and at the same time as other taxes levied on cigarettes in the Arkansas Tobacco Products Tax Act of 1977, § 26-57-201 et seq.

Acts 1997, No. 434, § 10.
Ark. Code Ann. § 26-57-213 — AR Code / Title 26 / Chapter 57 / Subchapter 2 / Section 26-57-213
Invoices and other required forms
Status: in_force

(a) The tax shall be set out and identified on each invoice or statement as the "Arkansas Tobacco Products Excise Tax" as a separate billing or item. (b) Copies of all invoices for the purchase or sale of any tobacco products, vapor products, alternative nicotine products, or e-liquid products shall be retained by each manufacturer, wholesaler, vendor, and retailer for a period of at least three (3) years subject to examination by the Secretary of the Department of Finance and Administration and the Director of Arkansas Tobacco Control or their authorized agents upon demand at any time during regular business hours. (c) Retailers shall: (1) Maintain copies of at least the last ninety (90) days of tobacco product, vapor product, alternative nicotine product, or e-liquid product invoices, which the retailer shall provide immediately upon demand; (2) (A) Make the invoices that are older than ninety (90) days available upon demand at any time during normal business hours in the retail store. (B) Except as provided in subdivision (c)(2)(C) of this section, an agent of Arkansas Tobacco Control may determine a reasonable time frame for which invoices are to be provided under subdivision (c)(2)(A) of this section. (C) An invoice that is provided seventy-two (72) hours or more after the demand shall not be considered for purposes of determining a violation of this subsection; (3) Retain invoices for all tobacco products, vapor products, alternative nicotine products, and e-liquid products in the retail store even if the invoice for the tobacco products, vapor products, alternative nicotine products, or e-liquid products is older than three (3) years; (4) Maintain a copy of the signed server awareness forms for each employee of the retailer who engages in the sale of tobacco products, vapor products, alternative nicotine products, or e-liquid products, which the retailer shall provide immediately upon demand; (5) (A) Maintain a copy of any complete transfer forms showing: (i) The tobacco products, vapor products, alternative nicotine products, or e-liquid products that were transferred; (ii) The permitted location from which the tobacco products, vapor products, alternative nicotine products, or e-liquid products were transferred; and (iii) When the transfer occurred. (B) A transfer form shall be completed contemporaneously with the transfer and shall be provided immediately by the retailer upon demand; and (6) If any inventory was submitted with a permit application, maintain a copy of the submitted inventory form, which the retailer shall provide immediately upon demand. (d) Wholesalers and manufacturers shall maintain three (3) years of tobacco product, vapor product, alternative nicotine product, and e-liquid product invoices that are available upon demand during normal business hours in the permitted location. (e) An invoice from a wholesaler to a retailer shall contain the name or other identifying information of the wholesaler and the retailer. Amended by Act 2019, No. 1071,§ 12, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4115, eff. 7/1/2019. Amended by Act 2015, No. 1235,§ 4, eff. 5/1/2015. Amended by Act 2013, No. 1273,§ 10, eff. 8/16/2013. Acts 1977, No. 546, § 7; 1979, No. 911, § 8; A.S.A. 1947, § 84-4507; Acts 1997, No. 1337, § 8; 2009, No. 785, § 9.

(a) The tax shall be set out and identified on each invoice or statement as the "Arkansas Tobacco Products Excise Tax" as a separate billing or item.

(b) Copies of all invoices for the purchase or sale of any tobacco products, vapor products, alternative nicotine products, or e-liquid products shall be retained by each manufacturer, wholesaler, vendor, and retailer for a period of at least three (3) years subject to examination by the Secretary of the Department of Finance and Administration and the Director of Arkansas Tobacco Control or their authorized agents upon demand at any time during regular business hours.

(c) Retailers shall: (1) Maintain copies of at least the last ninety (90) days of tobacco product, vapor product, alternative nicotine product, or e-liquid product invoices, which the retailer shall provide immediately upon demand; (2) (A) Make the invoices that are older than ninety (90) days available upon demand at any time during normal business hours in the retail store. (B) Except as provided in subdivision (c)(2)(C) of this section, an agent of Arkansas Tobacco Control may determine a reasonable time frame for which invoices are to be provided under subdivision (c)(2)(A) of this section. (C) An invoice that is provided seventy-two (72) hours or more after the demand shall not be considered for purposes of determining a violation of this subsection; (3) Retain invoices for all tobacco products, vapor products, alternative nicotine products, and e-liquid products in the retail store even if the invoice for the tobacco products, vapor products, alternative nicotine products, or e-liquid products is older than three (3) years; (4) Maintain a copy of the signed server awareness forms for each employee of the retailer who engages in the sale of tobacco products, vapor products, alternative nicotine products, or e-liquid products, which the retailer shall provide immediately upon demand; (5) (A) Maintain a copy of any complete transfer forms showing: (i) The tobacco products, vapor products, alternative nicotine products, or e-liquid products that were transferred; (ii) The permitted location from which the tobacco products, vapor products, alternative nicotine products, or e-liquid products were transferred; and (iii) When the transfer occurred. (B) A transfer form shall be completed contemporaneously with the transfer and shall be provided immediately by the retailer upon demand; and (6) If any inventory was submitted with a permit application, maintain a copy of the submitted inventory form, which the retailer shall provide immediately upon demand.

(1) Maintain copies of at least the last ninety (90) days of tobacco product, vapor product, alternative nicotine product, or e-liquid product invoices, which the retailer shall provide immediately upon demand;

(2) (A) Make the invoices that are older than ninety (90) days available upon demand at any time during normal business hours in the retail store. (B) Except as provided in subdivision (c)(2)(C) of this section, an agent of Arkansas Tobacco Control may determine a reasonable time frame for which invoices are to be provided under subdivision (c)(2)(A) of this section. (C) An invoice that is provided seventy-two (72) hours or more after the demand shall not be considered for purposes of determining a violation of this subsection;

(A) Make the invoices that are older than ninety (90) days available upon demand at any time during normal business hours in the retail store.

(B) Except as provided in subdivision (c)(2)(C) of this section, an agent of Arkansas Tobacco Control may determine a reasonable time frame for which invoices are to be provided under subdivision (c)(2)(A) of this section.

(C) An invoice that is provided seventy-two (72) hours or more after the demand shall not be considered for purposes of determining a violation of this subsection;

(3) Retain invoices for all tobacco products, vapor products, alternative nicotine products, and e-liquid products in the retail store even if the invoice for the tobacco products, vapor products, alternative nicotine products, or e-liquid products is older than three (3) years;

(4) Maintain a copy of the signed server awareness forms for each employee of the retailer who engages in the sale of tobacco products, vapor products, alternative nicotine products, or e-liquid products, which the retailer shall provide immediately upon demand;

(5) (A) Maintain a copy of any complete transfer forms showing: (i) The tobacco products, vapor products, alternative nicotine products, or e-liquid products that were transferred; (ii) The permitted location from which the tobacco products, vapor products, alternative nicotine products, or e-liquid products were transferred; and (iii) When the transfer occurred. (B) A transfer form shall be completed contemporaneously with the transfer and shall be provided immediately by the retailer upon demand; and

(A) Maintain a copy of any complete transfer forms showing: (i) The tobacco products, vapor products, alternative nicotine products, or e-liquid products that were transferred; (ii) The permitted location from which the tobacco products, vapor products, alternative nicotine products, or e-liquid products were transferred; and (iii) When the transfer occurred.

(i) The tobacco products, vapor products, alternative nicotine products, or e-liquid products that were transferred;

(ii) The permitted location from which the tobacco products, vapor products, alternative nicotine products, or e-liquid products were transferred; and

(iii) When the transfer occurred.

(B) A transfer form shall be completed contemporaneously with the transfer and shall be provided immediately by the retailer upon demand; and

(6) If any inventory was submitted with a permit application, maintain a copy of the submitted inventory form, which the retailer shall provide immediately upon demand.

(d) Wholesalers and manufacturers shall maintain three (3) years of tobacco product, vapor product, alternative nicotine product, and e-liquid product invoices that are available upon demand during normal business hours in the permitted location.

(e) An invoice from a wholesaler to a retailer shall contain the name or other identifying information of the wholesaler and the retailer.

Amended by Act 2019, No. 1071,§ 12, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4115, eff. 7/1/2019.

Amended by Act 2015, No. 1235,§ 4, eff. 5/1/2015.

Amended by Act 2013, No. 1273,§ 10, eff. 8/16/2013.

Acts 1977, No. 546, § 7; 1979, No. 911, § 8; A.S.A. 1947, § 84-4507; Acts 1997, No. 1337, § 8; 2009, No. 785, § 9.
Ark. Code Ann. § 26-51-701 — AR Code / Title 26 / Chapter 51 / Subchapter 7 / Section 26-51-701
Definitions
Status: in_force

As used in this Act, unless the context otherwise requires: (a) "Business income" means income arising from transactions and activity in the regular course of the taxpayer's trade or business and includes income from tangible and intangible property if the acquisition, management, and disposition of the property constitute integral parts of the taxpayer's regular trade or business operations. (b) "Commercial domicile" means the principal place from which the trade or business of the taxpayer is directed or managed. (c) "Compensation" means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. (d) [Repealed.] (e) "Nonbusiness income" means all income other than business income. (f) "Public utility" means any business entity which owns or operates for public use any plant, equipment, property, franchise, or license for the transmission of communications, transportation of goods or persons, or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, oil, oil products, or gas. (g) "Sales" means all gross receipts of the taxpayer not allocated under §§ 26-51-704 - 26-51-708 . (h) "State" means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, and any foreign country or political subdivision thereof. Acts 1961, No. 413, § 1; 1963, No. 529, § 1; 1979, No. 1024, § 1; A.S.A. 1947, § 84-2055; Acts 1989, No. 494, § 3.

As used in this Act, unless the context otherwise requires:

(a) "Business income" means income arising from transactions and activity in the regular course of the taxpayer's trade or business and includes income from tangible and intangible property if the acquisition, management, and disposition of the property constitute integral parts of the taxpayer's regular trade or business operations.

(b) "Commercial domicile" means the principal place from which the trade or business of the taxpayer is directed or managed.

(c) "Compensation" means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services.

(d) [Repealed.]

(e) "Nonbusiness income" means all income other than business income.

(f) "Public utility" means any business entity which owns or operates for public use any plant, equipment, property, franchise, or license for the transmission of communications, transportation of goods or persons, or the production, storage, transmission, sale, delivery, or furnishing of electricity, water, steam, oil, oil products, or gas.

(g) "Sales" means all gross receipts of the taxpayer not allocated under §§ 26-51-704 - 26-51-708 .

(h) "State" means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, and any foreign country or political subdivision thereof.

Acts 1961, No. 413, § 1; 1963, No. 529, § 1; 1979, No. 1024, § 1; A.S.A. 1947, § 84-2055; Acts 1989, No. 494, § 3.
Ark. Code Ann. § 26-52-430 — AR Code / Title 26 / Chapter 52 / Subchapter 4 / Section 26-52-430
Charitable organizations
Status: in_force

(a) The exemptions stated in this subchapter for a charitable organization shall not extend to sales of new tangible personal property, specified digital products, or a digital code by the charitable organization if the sales compete with sales by for-profit businesses. (b) A sale by a charitable organization does not compete with a sale by a for-profit business if: (1) The sales transaction is conducted by a member of the charitable organization and not by a franchisee or licensee; (2) All the proceeds derived from the sales transaction go to the charitable organization; and (3) The sales transaction is not: (A) A continuing one; or (B) Held more than ten (10) times a year. (c) (1) The provisions of this section shall not apply to a sale made by a nonprofit hospital, a cafeteria at a nonprofit hospital, or a gift shop at a nonprofit hospital, whether operated by the hospital, a hospital auxiliary, or other nonprofit organization. (2) The provisions of this section shall also not apply to a gift shop operated by a charitable organization at a for-profit hospital. Amended by Act 2021, No. 807,§ 1, eff. 7/28/2021. Amended by Act 2017, No. 141,§ 30, eff. for tax years beginning on and after 1/1/2018. Amended by Act 2017, No. 665,§ 1, eff. 10/1/2017. Acts 1999, No. 1062, § 1; 2001, No. 628, § 1.

(a) The exemptions stated in this subchapter for a charitable organization shall not extend to sales of new tangible personal property, specified digital products, or a digital code by the charitable organization if the sales compete with sales by for-profit businesses.

(b) A sale by a charitable organization does not compete with a sale by a for-profit business if: (1) The sales transaction is conducted by a member of the charitable organization and not by a franchisee or licensee; (2) All the proceeds derived from the sales transaction go to the charitable organization; and (3) The sales transaction is not: (A) A continuing one; or (B) Held more than ten (10) times a year.

(1) The sales transaction is conducted by a member of the charitable organization and not by a franchisee or licensee;

(2) All the proceeds derived from the sales transaction go to the charitable organization; and

(3) The sales transaction is not: (A) A continuing one; or (B) Held more than ten (10) times a year.

(A) A continuing one; or

(B) Held more than ten (10) times a year.

(c) (1) The provisions of this section shall not apply to a sale made by a nonprofit hospital, a cafeteria at a nonprofit hospital, or a gift shop at a nonprofit hospital, whether operated by the hospital, a hospital auxiliary, or other nonprofit organization. (2) The provisions of this section shall also not apply to a gift shop operated by a charitable organization at a for-profit hospital.

(1) The provisions of this section shall not apply to a sale made by a nonprofit hospital, a cafeteria at a nonprofit hospital, or a gift shop at a nonprofit hospital, whether operated by the hospital, a hospital auxiliary, or other nonprofit organization.

(2) The provisions of this section shall also not apply to a gift shop operated by a charitable organization at a for-profit hospital.

Amended by Act 2021, No. 807,§ 1, eff. 7/28/2021.

Amended by Act 2017, No. 141,§ 30, eff. for tax years beginning on and after 1/1/2018.

Amended by Act 2017, No. 665,§ 1, eff. 10/1/2017.

Acts 1999, No. 1062, § 1; 2001, No. 628, § 1.
Ark. Code Ann. § 26-80-111 — AR Code / Title 26 / Chapter 80 / Subchapter 1 / Section 26-80-111
School districts formed by consolidation, annexation, or merger
Status: in_force

(a) (1) When a new school district is created from all or parts of two (2) or more districts or a school district is dissolved and all or part of the area of the dissolved school district is annexed to or consolidated with an existing school district, the board of directors of the resulting school district shall submit to the electors of the school district at the next annual school election a proposed tax millage rate for the school district. (2) If the proposed millage rate is approved by the electors of the school district, it shall be the rate for the school district, provided that the rate complies with the uniform rate of tax. (b) (1) If a new school district is created from all or parts of two (2) or more school districts or a school district is dissolved and all or part of the area of the dissolved school district is annexed to or consolidated with an existing school district and if the electors have failed to approve a proposed millage rate at a school election, then the tax shall be collected at the rate approved in the last preceding school election. (2) However, if the rate last approved has been modified pursuant to Arkansas Constitution, Article 14, § 3(b), or Arkansas Constitution, Article 14, § 3(c)(2), then the tax shall be collected at the modified rate until another rate is approved. Acts 1992 (1st Ex. Sess.), No. 57, § 1; 1997, No. 1300, § 16; 2003 (2nd Ex. Sess.), No. 28, § 8; 2003 (2nd Ex. Sess.), No. 105, § 10.

(a) (1) When a new school district is created from all or parts of two (2) or more districts or a school district is dissolved and all or part of the area of the dissolved school district is annexed to or consolidated with an existing school district, the board of directors of the resulting school district shall submit to the electors of the school district at the next annual school election a proposed tax millage rate for the school district. (2) If the proposed millage rate is approved by the electors of the school district, it shall be the rate for the school district, provided that the rate complies with the uniform rate of tax.

(1) When a new school district is created from all or parts of two (2) or more districts or a school district is dissolved and all or part of the area of the dissolved school district is annexed to or consolidated with an existing school district, the board of directors of the resulting school district shall submit to the electors of the school district at the next annual school election a proposed tax millage rate for the school district.

(2) If the proposed millage rate is approved by the electors of the school district, it shall be the rate for the school district, provided that the rate complies with the uniform rate of tax.

(b) (1) If a new school district is created from all or parts of two (2) or more school districts or a school district is dissolved and all or part of the area of the dissolved school district is annexed to or consolidated with an existing school district and if the electors have failed to approve a proposed millage rate at a school election, then the tax shall be collected at the rate approved in the last preceding school election. (2) However, if the rate last approved has been modified pursuant to Arkansas Constitution, Article 14, § 3(b), or Arkansas Constitution, Article 14, § 3(c)(2), then the tax shall be collected at the modified rate until another rate is approved.

(1) If a new school district is created from all or parts of two (2) or more school districts or a school district is dissolved and all or part of the area of the dissolved school district is annexed to or consolidated with an existing school district and if the electors have failed to approve a proposed millage rate at a school election, then the tax shall be collected at the rate approved in the last preceding school election.

(2) However, if the rate last approved has been modified pursuant to Arkansas Constitution, Article 14, § 3(b), or Arkansas Constitution, Article 14, § 3(c)(2), then the tax shall be collected at the modified rate until another rate is approved.

Acts 1992 (1st Ex. Sess.), No. 57, § 1; 1997, No. 1300, § 16; 2003 (2nd Ex. Sess.), No. 28, § 8; 2003 (2nd Ex. Sess.), No. 105, § 10.
Ark. Code Ann. § 26-78-103 — AR Code / Title 26 / Chapter 78 / Section 26-78-103
Procedure for levying
Status: in_force

(a) (1) The counties of the state shall have the first opportunity to levy the County and Municipality Vehicle Tax. (2) (A) Any levy by a county may be upon owners residing everywhere in the county or only upon owners residing within the county but outside the corporate boundaries of all municipalities in the county. (B) That is, the tax must cover the entire county or the area outside all municipalities and cannot cover some municipalities and omit others. (3) This levy may be in any amount not exceeding the authorized maximum. (4) A municipality in a county may levy the tax only if the county quorum court by the time of adjournment of its regular annual session in any calendar year has failed to levy the tax upon the owners residing within the corporate limits of the municipality or if by the time of adjournment the court has not levied the full amount of the authorized tax for the next calendar year at the regular annual session or at any special session held in any calendar year prior to its regular annual session in the calendar year. (5) Each levy by the county quorum court or by the governing body of the municipality shall be for collection during the calendar year next following the year in which the levy is made and, except in the case when bonds are issued as authorized, unless the levy is again made, the tax shall cease to be levied at the expiration of the calendar year for which collected and shall not again be collected until levied by the county quorum court by the time of adjournment of the regular annual session of the county quorum court or thereafter by the governing body of a municipality, as indicated. (b) (1) Notwithstanding other provisions of this chapter, before the tax levied by any county quorum court upon owners residing everywhere in the county or only upon owners residing within the county but outside the corporate boundaries of all municipalities in the county may be collected, the county court shall call a special election in accordance with § 7-11-201 et seq. upon the first levy of the tax by the county quorum court, to be held on the next special election date under § 7-11-205 , at which election the qualified electors of the area to be affected by the tax shall vote on the question of the levy of the tax. (2) If at the special election a majority of the qualified electors of the area affected by the tax voting on the issue at the special election shall vote for the levy of the tax, the tax may be thereafter levied in the area in the manner authorized in subsection (a) of this section, and it shall not be necessary that an election be called again in the area on the question of levying the tax. (3) If a majority of the qualified electors of the affected area voting on the issue at the special election shall vote against the levy of the tax, the tax shall not be levied in the area. (4) The quorum court of the county at any subsequent annual meeting may propose the levy of the tax, and the election on the tax shall be called as provided in this section. (5) A special election held pursuant to this chapter shall be conducted in accordance with the election laws of this state, and the form of the ballot, the method of voting, the counting, tabulation, and certification of the special election results shall be in the manner provided by law. (c) (1) Any tax levied by any municipality under the provisions of this chapter for the first time prior to July 1, 1967, and without the calling of a special election of the qualified electors of the municipality, shall continue in full force and effect without the calling of an election. (2) However, before the tax levied by the governing body of any municipality for the first time after July 1, 1967, upon vehicle owners residing in the municipality may be collected, the mayor shall call a special election in accordance with § 7-5-103(b) [repealed] to be held not more than ninety (90) days from the date of the adoption of the levy of the tax by the governing body of the municipality, at which the qualified electors of the municipality shall vote on the question of the levy of the tax. (3) At the special election, if a majority of the qualified electors of the municipality voting on the issue shall vote for the levy of the tax, the tax may be thereafter levied in the municipality in the manner authorized in subsection (a) of this section, and it shall not be necessary that an election be called again in the municipality on the question of levying the tax. (4) If a majority of the qualified electors of the municipality voting on the issue at the special election shall vote against the levy of the tax, the tax shall not be levied in the municipality. (5) However, the governing body of the municipality at any time after the expiration of one (1) year from the election in the municipality may propose the levy of the tax, and the election on the tax shall be called as provided in this section. (6) A special election held pursuant to this chapter shall be conducted in accordance with the election laws of this state, and the form of the ballot, the method of voting, the counting, tabulation, and certification of the special election results shall be in the manner provided by law. Amended by Act 2021, No. 610,§ 39, eff. 1/1/2022. Acts 1965, No. 446, § 2; 1967, No. 372, § 1; 1969, No. 97, § 1; A.S.A. 1947, § 76-2302; Acts 2005, No. 2145, § 75; 2007, No. 1049, § 96; 2009, No. 655, § 126; 2009, No. 1480, § 115.

(a) (1) The counties of the state shall have the first opportunity to levy the County and Municipality Vehicle Tax. (2) (A) Any levy by a county may be upon owners residing everywhere in the county or only upon owners residing within the county but outside the corporate boundaries of all municipalities in the county. (B) That is, the tax must cover the entire county or the area outside all municipalities and cannot cover some municipalities and omit others. (3) This levy may be in any amount not exceeding the authorized maximum. (4) A municipality in a county may levy the tax only if the county quorum court by the time of adjournment of its regular annual session in any calendar year has failed to levy the tax upon the owners residing within the corporate limits of the municipality or if by the time of adjournment the court has not levied the full amount of the authorized tax for the next calendar year at the regular annual session or at any special session held in any calendar year prior to its regular annual session in the calendar year. (5) Each levy by the county quorum court or by the governing body of the municipality shall be for collection during the calendar year next following the year in which the levy is made and, except in the case when bonds are issued as authorized, unless the levy is again made, the tax shall cease to be levied at the expiration of the calendar year for which collected and shall not again be collected until levied by the county quorum court by the time of adjournment of the regular annual session of the county quorum court or thereafter by the governing body of a municipality, as indicated.

(1) The counties of the state shall have the first opportunity to levy the County and Municipality Vehicle Tax.

(2) (A) Any levy by a county may be upon owners residing everywhere in the county or only upon owners residing within the county but outside the corporate boundaries of all municipalities in the county. (B) That is, the tax must cover the entire county or the area outside all municipalities and cannot cover some municipalities and omit others.

(A) Any levy by a county may be upon owners residing everywhere in the county or only upon owners residing within the county but outside the corporate boundaries of all municipalities in the county.

(B) That is, the tax must cover the entire county or the area outside all municipalities and cannot cover some municipalities and omit others.

(3) This levy may be in any amount not exceeding the authorized maximum.

(4) A municipality in a county may levy the tax only if the county quorum court by the time of adjournment of its regular annual session in any calendar year has failed to levy the tax upon the owners residing within the corporate limits of the municipality or if by the time of adjournment the court has not levied the full amount of the authorized tax for the next calendar year at the regular annual session or at any special session held in any calendar year prior to its regular annual session in the calendar year.

(5) Each levy by the county quorum court or by the governing body of the municipality shall be for collection during the calendar year next following the year in which the levy is made and, except in the case when bonds are issued as authorized, unless the levy is again made, the tax shall cease to be levied at the expiration of the calendar year for which collected and shall not again be collected until levied by the county quorum court by the time of adjournment of the regular annual session of the county quorum court or thereafter by the governing body of a municipality, as indicated.

(b) (1) Notwithstanding other provisions of this chapter, before the tax levied by any county quorum court upon owners residing everywhere in the county or only upon owners residing within the county but outside the corporate boundaries of all municipalities in the county may be collected, the county court shall call a special election in accordance with § 7-11-201 et seq. upon the first levy of the tax by the county quorum court, to be held on the next special election date under § 7-11-205 , at which election the qualified electors of the area to be affected by the tax shall vote on the question of the levy of the tax. (2) If at the special election a majority of the qualified electors of the area affected by the tax voting on the issue at the special election shall vote for the levy of the tax, the tax may be thereafter levied in the area in the manner authorized in subsection (a) of this section, and it shall not be necessary that an election be called again in the area on the question of levying the tax. (3) If a majority of the qualified electors of the affected area voting on the issue at the special election shall vote against the levy of the tax, the tax shall not be levied in the area. (4) The quorum court of the county at any subsequent annual meeting may propose the levy of the tax, and the election on the tax shall be called as provided in this section. (5) A special election held pursuant to this chapter shall be conducted in accordance with the election laws of this state, and the form of the ballot, the method of voting, the counting, tabulation, and certification of the special election results shall be in the manner provided by law.

(1) Notwithstanding other provisions of this chapter, before the tax levied by any county quorum court upon owners residing everywhere in the county or only upon owners residing within the county but outside the corporate boundaries of all municipalities in the county may be collected, the county court shall call a special election in accordance with § 7-11-201 et seq. upon the first levy of the tax by the county quorum court, to be held on the next special election date under § 7-11-205 , at which election the qualified electors of the area to be affected by the tax shall vote on the question of the levy of the tax.

(2) If at the special election a majority of the qualified electors of the area affected by the tax voting on the issue at the special election shall vote for the levy of the tax, the tax may be thereafter levied in the area in the manner authorized in subsection (a) of this section, and it shall not be necessary that an election be called again in the area on the question of levying the tax.

(3) If a majority of the qualified electors of the affected area voting on the issue at the special election shall vote against the levy of the tax, the tax shall not be levied in the area.

(4) The quorum court of the county at any subsequent annual meeting may propose the levy of the tax, and the election on the tax shall be called as provided in this section.

(5) A special election held pursuant to this chapter shall be conducted in accordance with the election laws of this state, and the form of the ballot, the method of voting, the counting, tabulation, and certification of the special election results shall be in the manner provided by law.

(c) (1) Any tax levied by any municipality under the provisions of this chapter for the first time prior to July 1, 1967, and without the calling of a special election of the qualified electors of the municipality, shall continue in full force and effect without the calling of an election. (2) However, before the tax levied by the governing body of any municipality for the first time after July 1, 1967, upon vehicle owners residing in the municipality may be collected, the mayor shall call a special election in accordance with § 7-5-103(b) [repealed] to be held not more than ninety (90) days from the date of the adoption of the levy of the tax by the governing body of the municipality, at which the qualified electors of the municipality shall vote on the question of the levy of the tax. (3) At the special election, if a majority of the qualified electors of the municipality voting on the issue shall vote for the levy of the tax, the tax may be thereafter levied in the municipality in the manner authorized in subsection (a) of this section, and it shall not be necessary that an election be called again in the municipality on the question of levying the tax. (4) If a majority of the qualified electors of the municipality voting on the issue at the special election shall vote against the levy of the tax, the tax shall not be levied in the municipality. (5) However, the governing body of the municipality at any time after the expiration of one (1) year from the election in the municipality may propose the levy of the tax, and the election on the tax shall be called as provided in this section. (6) A special election held pursuant to this chapter shall be conducted in accordance with the election laws of this state, and the form of the ballot, the method of voting, the counting, tabulation, and certification of the special election results shall be in the manner provided by law.

(1) Any tax levied by any municipality under the provisions of this chapter for the first time prior to July 1, 1967, and without the calling of a special election of the qualified electors of the municipality, shall continue in full force and effect without the calling of an election.

(2) However, before the tax levied by the governing body of any municipality for the first time after July 1, 1967, upon vehicle owners residing in the municipality may be collected, the mayor shall call a special election in accordance with § 7-5-103(b) [repealed] to be held not more than ninety (90) days from the date of the adoption of the levy of the tax by the governing body of the municipality, at which the qualified electors of the municipality shall vote on the question of the levy of the tax.

(3) At the special election, if a majority of the qualified electors of the municipality voting on the issue shall vote for the levy of the tax, the tax may be thereafter levied in the municipality in the manner authorized in subsection (a) of this section, and it shall not be necessary that an election be called again in the municipality on the question of levying the tax.

(4) If a majority of the qualified electors of the municipality voting on the issue at the special election shall vote against the levy of the tax, the tax shall not be levied in the municipality.

(5) However, the governing body of the municipality at any time after the expiration of one (1) year from the election in the municipality may propose the levy of the tax, and the election on the tax shall be called as provided in this section.

(6) A special election held pursuant to this chapter shall be conducted in accordance with the election laws of this state, and the form of the ballot, the method of voting, the counting, tabulation, and certification of the special election results shall be in the manner provided by law.

Amended by Act 2021, No. 610,§ 39, eff. 1/1/2022.

Acts 1965, No. 446, § 2; 1967, No. 372, § 1; 1969, No. 97, § 1; A.S.A. 1947, § 76-2302; Acts 2005, No. 2145, § 75; 2007, No. 1049, § 96; 2009, No. 655, § 126; 2009, No. 1480, § 115.
Ark. Code Ann. § 26-19-107 — AR Code / Title 26 / Chapter 19 / Section 26-19-107
Penalties - Definitions
Status: in_force

(a) In addition to the penalties imposed under the Arkansas Tax Procedure Act, § 26-18-101 et seq., a taxpayer required to pay taxes by electronic funds transfer who fails to so pay the amount required under any state law on or before the due date for payment of the taxes shall be assessed a penalty of five percent (5%) of the amount of taxes due. (b) In addition to all other penalties imposed under this subchapter and the Arkansas Tax Procedure Act, § 26-18-101 et seq., a taxpayer required to pay sales taxes by electronic funds transfer who fails to so pay any of the sales taxes on or before the due date for payment of the taxes in the amounts required under § 26-52-501 or § 26-52-512 shall not be entitled to the benefits contained in §§ 26-52-503 and 26-52-512 . (c) (1) With respect to an electronic funds transfer by automated clearinghouse debit, "to pay taxes by electronic funds transfer" means that the following conditions are met on or before the due date for such payment: (A) The taxpayer initiates the automated clearinghouse debit by calling the designated toll-free telephone number by 3:00 p.m. on the last business day prior to the due date; (B) The taxpayer accurately provides the Secretary of the Department of Finance and Administration with sufficient information from which the payment may be applied to the correct account, including, but not limited to, the taxpayer's name, account number, tax type, tax period, and the amount of the payment; and (C) The taxpayer's bank account designated as the account to be debited contains adequate funds to cover the payment of taxes by debit transfer at the time the debit transaction is initiated and continuing through the due date of the tax payment. (2) With respect to an electronic funds transfer by automated clearinghouse credit, "to pay taxes by electronic funds transfer" means that the following conditions are met on or before the due date for the payment: (A) (i) The taxpayer initiates a successful prenote or test transaction containing necessary information in cash concentration or disbursement plus tax payment addendum (CCD + TXP) format. (ii) "Tax payment addendum format" means a technical format for the communication of limited tax remittance data accompanying a payment through the automated clearinghouse system and includes a list of standard tax-type and account-type codes; (B) The transfer contains an electronic addenda which allows the secretary to identify the taxpayer, tax account number, tax payment amount, tax type, and tax period in accordance with instructions provided by the secretary; (C) The taxpayer transfers the amount of funds due; and (D) The taxpayer's designated bank account contains adequate funds to cover the credit transfer at the time the credit transaction is initiated and continuing through the due date of the tax payment. (3) (A) A taxpayer is considered to have failed to pay taxes by electronic funds transfer if the conditions stated in subdivision (c)(1) or subdivision (c)(2) of this section are not met. (B) The secretary will notify the taxpayer in writing of the failure to meet the conditions with respect to a particular reporting period. (C) Subsequent failures to meet the prescribed conditions shall result in the assessment of penalties described in subsection (a) of this section without necessity of additional written notice. Amended by Act 2019, No. 910,§ 3670, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3669, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3668, eff. 7/1/2019. Acts 1993, No. 848, §§ 7, 8; 1999, No. 1132, § 4.

(a) In addition to the penalties imposed under the Arkansas Tax Procedure Act, § 26-18-101 et seq., a taxpayer required to pay taxes by electronic funds transfer who fails to so pay the amount required under any state law on or before the due date for payment of the taxes shall be assessed a penalty of five percent (5%) of the amount of taxes due.

(b) In addition to all other penalties imposed under this subchapter and the Arkansas Tax Procedure Act, § 26-18-101 et seq., a taxpayer required to pay sales taxes by electronic funds transfer who fails to so pay any of the sales taxes on or before the due date for payment of the taxes in the amounts required under § 26-52-501 or § 26-52-512 shall not be entitled to the benefits contained in §§ 26-52-503 and 26-52-512 .

(c) (1) With respect to an electronic funds transfer by automated clearinghouse debit, "to pay taxes by electronic funds transfer" means that the following conditions are met on or before the due date for such payment: (A) The taxpayer initiates the automated clearinghouse debit by calling the designated toll-free telephone number by 3:00 p.m. on the last business day prior to the due date; (B) The taxpayer accurately provides the Secretary of the Department of Finance and Administration with sufficient information from which the payment may be applied to the correct account, including, but not limited to, the taxpayer's name, account number, tax type, tax period, and the amount of the payment; and (C) The taxpayer's bank account designated as the account to be debited contains adequate funds to cover the payment of taxes by debit transfer at the time the debit transaction is initiated and continuing through the due date of the tax payment. (2) With respect to an electronic funds transfer by automated clearinghouse credit, "to pay taxes by electronic funds transfer" means that the following conditions are met on or before the due date for the payment: (A) (i) The taxpayer initiates a successful prenote or test transaction containing necessary information in cash concentration or disbursement plus tax payment addendum (CCD + TXP) format. (ii) "Tax payment addendum format" means a technical format for the communication of limited tax remittance data accompanying a payment through the automated clearinghouse system and includes a list of standard tax-type and account-type codes; (B) The transfer contains an electronic addenda which allows the secretary to identify the taxpayer, tax account number, tax payment amount, tax type, and tax period in accordance with instructions provided by the secretary; (C) The taxpayer transfers the amount of funds due; and (D) The taxpayer's designated bank account contains adequate funds to cover the credit transfer at the time the credit transaction is initiated and continuing through the due date of the tax payment. (3) (A) A taxpayer is considered to have failed to pay taxes by electronic funds transfer if the conditions stated in subdivision (c)(1) or subdivision (c)(2) of this section are not met. (B) The secretary will notify the taxpayer in writing of the failure to meet the conditions with respect to a particular reporting period. (C) Subsequent failures to meet the prescribed conditions shall result in the assessment of penalties described in subsection (a) of this section without necessity of additional written notice.

(1) With respect to an electronic funds transfer by automated clearinghouse debit, "to pay taxes by electronic funds transfer" means that the following conditions are met on or before the due date for such payment: (A) The taxpayer initiates the automated clearinghouse debit by calling the designated toll-free telephone number by 3:00 p.m. on the last business day prior to the due date; (B) The taxpayer accurately provides the Secretary of the Department of Finance and Administration with sufficient information from which the payment may be applied to the correct account, including, but not limited to, the taxpayer's name, account number, tax type, tax period, and the amount of the payment; and (C) The taxpayer's bank account designated as the account to be debited contains adequate funds to cover the payment of taxes by debit transfer at the time the debit transaction is initiated and continuing through the due date of the tax payment.

(A) The taxpayer initiates the automated clearinghouse debit by calling the designated toll-free telephone number by 3:00 p.m. on the last business day prior to the due date;

(B) The taxpayer accurately provides the Secretary of the Department of Finance and Administration with sufficient information from which the payment may be applied to the correct account, including, but not limited to, the taxpayer's name, account number, tax type, tax period, and the amount of the payment; and

(C) The taxpayer's bank account designated as the account to be debited contains adequate funds to cover the payment of taxes by debit transfer at the time the debit transaction is initiated and continuing through the due date of the tax payment.

(2) With respect to an electronic funds transfer by automated clearinghouse credit, "to pay taxes by electronic funds transfer" means that the following conditions are met on or before the due date for the payment: (A) (i) The taxpayer initiates a successful prenote or test transaction containing necessary information in cash concentration or disbursement plus tax payment addendum (CCD + TXP) format. (ii) "Tax payment addendum format" means a technical format for the communication of limited tax remittance data accompanying a payment through the automated clearinghouse system and includes a list of standard tax-type and account-type codes; (B) The transfer contains an electronic addenda which allows the secretary to identify the taxpayer, tax account number, tax payment amount, tax type, and tax period in accordance with instructions provided by the secretary; (C) The taxpayer transfers the amount of funds due; and (D) The taxpayer's designated bank account contains adequate funds to cover the credit transfer at the time the credit transaction is initiated and continuing through the due date of the tax payment.

(A) (i) The taxpayer initiates a successful prenote or test transaction containing necessary information in cash concentration or disbursement plus tax payment addendum (CCD + TXP) format. (ii) "Tax payment addendum format" means a technical format for the communication of limited tax remittance data accompanying a payment through the automated clearinghouse system and includes a list of standard tax-type and account-type codes;

(i) The taxpayer initiates a successful prenote or test transaction containing necessary information in cash concentration or disbursement plus tax payment addendum (CCD + TXP) format.

(ii) "Tax payment addendum format" means a technical format for the communication of limited tax remittance data accompanying a payment through the automated clearinghouse system and includes a list of standard tax-type and account-type codes;

(B) The transfer contains an electronic addenda which allows the secretary to identify the taxpayer, tax account number, tax payment amount, tax type, and tax period in accordance with instructions provided by the secretary;

(C) The taxpayer transfers the amount of funds due; and

(D) The taxpayer's designated bank account contains adequate funds to cover the credit transfer at the time the credit transaction is initiated and continuing through the due date of the tax payment.

(3) (A) A taxpayer is considered to have failed to pay taxes by electronic funds transfer if the conditions stated in subdivision (c)(1) or subdivision (c)(2) of this section are not met. (B) The secretary will notify the taxpayer in writing of the failure to meet the conditions with respect to a particular reporting period. (C) Subsequent failures to meet the prescribed conditions shall result in the assessment of penalties described in subsection (a) of this section without necessity of additional written notice.

(A) A taxpayer is considered to have failed to pay taxes by electronic funds transfer if the conditions stated in subdivision (c)(1) or subdivision (c)(2) of this section are not met.

(B) The secretary will notify the taxpayer in writing of the failure to meet the conditions with respect to a particular reporting period.

(C) Subsequent failures to meet the prescribed conditions shall result in the assessment of penalties described in subsection (a) of this section without necessity of additional written notice.

Amended by Act 2019, No. 910,§ 3670, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3669, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3668, eff. 7/1/2019.

Acts 1993, No. 848, §§ 7, 8; 1999, No. 1132, § 4.
Ark. Code Ann. § 26-51-801 — AR Code / Title 26 / Chapter 51 / Subchapter 8 / Section 26-51-801
Returns by individuals - Definitions
Status: in_force

(a) Every person owning property or doing business in the State of Arkansas shall file a return with the Secretary of the Department of Finance and Administration showing his or her gross income and the deductions or credits allowed by §§ 26-51-301 and 26-51-436 if he or she has a gross income of: (1) Three thousand nine hundred ninety-nine dollars ($3,999) if married and not filing jointly or married but living apart from the spouse at the end of the income year or on the date the spouse died; (2) Seven thousand eight hundred dollars ($7,800) if single and under sixty-five (65) years of age; (3) Nine thousand three hundred dollars ($9,300) if single and sixty-five (65) years of age or over; (4) Twelve thousand one hundred dollars ($12,100) if head of household and under sixty-five (65) years of age; (5) Thirteen thousand dollars ($13,000) if head of household and sixty-five (65) years of age or over; (6) Fifteen thousand five hundred dollars ($15,500) if married, filing jointly, and both spouses are under sixty-five (65) years of age; (7) Fifteen thousand six hundred dollars ($15,600) if married, filing jointly, and one (1) spouse is sixty-five (65) years of age or older; (8) Sixteen thousand two hundred dollars ($16,200) if married, filing jointly, and both spouses are sixty-five (65) years of age or over; (9) Fifteen thousand five hundred dollars ($15,500) if a surviving spouse with a dependent child and under sixty-five (65) years of age; or (10) Sixteen thousand dollars ($16,000) if a surviving spouse with a dependent child and sixty-five (65) years of age or over. (b) If a husband and wife are living together and have an aggregate gross income of fifteen thousand five hundred dollars ($15,500) or over, each shall make a return unless the income of each is included in a single joint return. (c) If a taxpayer is unable to make his or her own return, the return shall be made by an authorized agent or by the guardian or other person charged with the care of the taxpayer or estate of the taxpayer. (d) As used in this section: (1) "Dependent" means the same as defined in 26 U.S.C. § 152 , as in effect on January 1, 2007; (2) "Head of household" means the same as defined in 26 U.S.C. § 2(b) , as in effect on January 1, 2005; (3) "Jointly" means filing a joint return; and (4) "Surviving spouse" means the same as defined in 26 U.S.C. § 2(a) , as in effect on January 1, 2005. (e) If a person is not required to file a return, the person must complete and submit to his or her employer a statement to that effect on forms approved by the secretary in order to be exempt from the state withholding tax. Amended by Act 2021, No. 483,§ 10, eff. 7/28/2021. Amended by Act 2021, No. 483,§ 9, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 3732, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3731, eff. 7/1/2019. Acts 1929, No. 118, Art. 4, § 17; Pope's Dig., § 14040; Acts 1939, No. 140, § 2; 1947, No. 335, § 4; 1957, No. 20, § 3; 1979, No. 114, § 1; A.S.A. 1947, § 84-2022; Acts 1991, No. 95, § 1; 1999, No. 1131, § 1; 2005, No. 675, § 16; 2007, No. 218, § 35.

(a) Every person owning property or doing business in the State of Arkansas shall file a return with the Secretary of the Department of Finance and Administration showing his or her gross income and the deductions or credits allowed by §§ 26-51-301 and 26-51-436 if he or she has a gross income of: (1) Three thousand nine hundred ninety-nine dollars ($3,999) if married and not filing jointly or married but living apart from the spouse at the end of the income year or on the date the spouse died; (2) Seven thousand eight hundred dollars ($7,800) if single and under sixty-five (65) years of age; (3) Nine thousand three hundred dollars ($9,300) if single and sixty-five (65) years of age or over; (4) Twelve thousand one hundred dollars ($12,100) if head of household and under sixty-five (65) years of age; (5) Thirteen thousand dollars ($13,000) if head of household and sixty-five (65) years of age or over; (6) Fifteen thousand five hundred dollars ($15,500) if married, filing jointly, and both spouses are under sixty-five (65) years of age; (7) Fifteen thousand six hundred dollars ($15,600) if married, filing jointly, and one (1) spouse is sixty-five (65) years of age or older; (8) Sixteen thousand two hundred dollars ($16,200) if married, filing jointly, and both spouses are sixty-five (65) years of age or over; (9) Fifteen thousand five hundred dollars ($15,500) if a surviving spouse with a dependent child and under sixty-five (65) years of age; or (10) Sixteen thousand dollars ($16,000) if a surviving spouse with a dependent child and sixty-five (65) years of age or over.

(1) Three thousand nine hundred ninety-nine dollars ($3,999) if married and not filing jointly or married but living apart from the spouse at the end of the income year or on the date the spouse died;

(2) Seven thousand eight hundred dollars ($7,800) if single and under sixty-five (65) years of age;

(3) Nine thousand three hundred dollars ($9,300) if single and sixty-five (65) years of age or over;

(4) Twelve thousand one hundred dollars ($12,100) if head of household and under sixty-five (65) years of age;

(5) Thirteen thousand dollars ($13,000) if head of household and sixty-five (65) years of age or over;

(6) Fifteen thousand five hundred dollars ($15,500) if married, filing jointly, and both spouses are under sixty-five (65) years of age;

(7) Fifteen thousand six hundred dollars ($15,600) if married, filing jointly, and one (1) spouse is sixty-five (65) years of age or older;

(8) Sixteen thousand two hundred dollars ($16,200) if married, filing jointly, and both spouses are sixty-five (65) years of age or over;

(9) Fifteen thousand five hundred dollars ($15,500) if a surviving spouse with a dependent child and under sixty-five (65) years of age; or

(10) Sixteen thousand dollars ($16,000) if a surviving spouse with a dependent child and sixty-five (65) years of age or over.

(b) If a husband and wife are living together and have an aggregate gross income of fifteen thousand five hundred dollars ($15,500) or over, each shall make a return unless the income of each is included in a single joint return.

(c) If a taxpayer is unable to make his or her own return, the return shall be made by an authorized agent or by the guardian or other person charged with the care of the taxpayer or estate of the taxpayer.

(d) As used in this section: (1) "Dependent" means the same as defined in 26 U.S.C. § 152 , as in effect on January 1, 2007; (2) "Head of household" means the same as defined in 26 U.S.C. § 2(b) , as in effect on January 1, 2005; (3) "Jointly" means filing a joint return; and (4) "Surviving spouse" means the same as defined in 26 U.S.C. § 2(a) , as in effect on January 1, 2005.

(1) "Dependent" means the same as defined in 26 U.S.C. § 152 , as in effect on January 1, 2007;

(2) "Head of household" means the same as defined in 26 U.S.C. § 2(b) , as in effect on January 1, 2005;

(3) "Jointly" means filing a joint return; and

(4) "Surviving spouse" means the same as defined in 26 U.S.C. § 2(a) , as in effect on January 1, 2005.

(e) If a person is not required to file a return, the person must complete and submit to his or her employer a statement to that effect on forms approved by the secretary in order to be exempt from the state withholding tax.

Amended by Act 2021, No. 483,§ 10, eff. 7/28/2021.

Amended by Act 2021, No. 483,§ 9, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 3732, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3731, eff. 7/1/2019.

Acts 1929, No. 118, Art. 4, § 17; Pope's Dig., § 14040; Acts 1939, No. 140, § 2; 1947, No. 335, § 4; 1957, No. 20, § 3; 1979, No. 114, § 1; A.S.A. 1947, § 84-2022; Acts 1991, No. 95, § 1; 1999, No. 1131, § 1; 2005, No. 675, § 16; 2007, No. 218, § 35.
Ark. Code Ann. § 26-34-109 — AR Code / Title 26 / Chapter 34 / Section 26-34-109
Common carriers not to carry goods on which tax not paid
Status: in_force

(a) (1) It shall be unlawful for any railroad company, bus line company, truck line company, motor vehicle carrier, or any other common carrier, whether person, firm, or corporation, or the agent or receiver thereof, to knowingly transport, or permit to be transported, within the State of Arkansas any goods, wares, merchandise, or articles whatsoever upon the sale or possession for sale of which a tax is imposed by law when the tax has not been paid upon the goods, wares, merchandise, or articles. And it shall be unlawful for any carrier to sell, offer for sale, or deliver to any person, or permit the sale or delivery of any goods, wares, merchandise, or articles upon which the tax has not been paid as required by law. (2) Each sale, offer for sale, or delivery shall constitute a separate offense. (b) For each violation of this section, a fine of twenty-five dollars ($25.00) shall be imposed, and the person, firm, corporation, or the agent or receiver thereof, violating any of the provisions of this section shall also be liable for the amount of tax due. (c) All fines collected for the violation of any of the provisions of this section shall be paid into the State Treasury. (d) All taxes due under this section may be recovered by a civil action brought at the instance of the Attorney General in the name of the Secretary of the Department of Finance and Administration of the State of Arkansas. (e) This section is not to be construed to repeal any law, but it shall be cumulative to all present laws affecting the subject matter contained in this section. Amended by Act 2019, No. 910,§ 3690, eff. 7/1/2019. Acts 1931, No. 250, §§ 3-6; Pope's Dig., §§ 13477-13480; A.S.A. 1947, §§ 84-1724 -- 84-1727.

(a) (1) It shall be unlawful for any railroad company, bus line company, truck line company, motor vehicle carrier, or any other common carrier, whether person, firm, or corporation, or the agent or receiver thereof, to knowingly transport, or permit to be transported, within the State of Arkansas any goods, wares, merchandise, or articles whatsoever upon the sale or possession for sale of which a tax is imposed by law when the tax has not been paid upon the goods, wares, merchandise, or articles. And it shall be unlawful for any carrier to sell, offer for sale, or deliver to any person, or permit the sale or delivery of any goods, wares, merchandise, or articles upon which the tax has not been paid as required by law. (2) Each sale, offer for sale, or delivery shall constitute a separate offense.

(1) It shall be unlawful for any railroad company, bus line company, truck line company, motor vehicle carrier, or any other common carrier, whether person, firm, or corporation, or the agent or receiver thereof, to knowingly transport, or permit to be transported, within the State of Arkansas any goods, wares, merchandise, or articles whatsoever upon the sale or possession for sale of which a tax is imposed by law when the tax has not been paid upon the goods, wares, merchandise, or articles. And it shall be unlawful for any carrier to sell, offer for sale, or deliver to any person, or permit the sale or delivery of any goods, wares, merchandise, or articles upon which the tax has not been paid as required by law.

(2) Each sale, offer for sale, or delivery shall constitute a separate offense.

(b) For each violation of this section, a fine of twenty-five dollars ($25.00) shall be imposed, and the person, firm, corporation, or the agent or receiver thereof, violating any of the provisions of this section shall also be liable for the amount of tax due.

(c) All fines collected for the violation of any of the provisions of this section shall be paid into the State Treasury.

(d) All taxes due under this section may be recovered by a civil action brought at the instance of the Attorney General in the name of the Secretary of the Department of Finance and Administration of the State of Arkansas.

(e) This section is not to be construed to repeal any law, but it shall be cumulative to all present laws affecting the subject matter contained in this section.

Amended by Act 2019, No. 910,§ 3690, eff. 7/1/2019.

Acts 1931, No. 250, §§ 3-6; Pope's Dig., §§ 13477-13480; A.S.A. 1947, §§ 84-1724 -- 84-1727.
Ark. Code Ann. § 26-26-402 — AR Code / Title 26 / Chapter 26 / Subchapter 4 / Section 26-26-402
Procedure for adjustment of taxes after reappraisal or reassessment of property - Definition
Status: in_force

(a) (1) Whenever a countywide reappraisal or reassessment of property subject to ad valorem taxes, made in accordance with procedures established in this subchapter and with rules of the Assessment Coordination Division, or its successor agency, adopted pursuant to the authority granted in this section shall result in an increase in the aggregate value of taxable real and personal property in any taxing unit in this state of ten percent (10%) or more over the previous year, the rate of city or town, county, school district, and community college district taxes levied against the taxable real and personal property of each taxing unit shall, upon completion of the reappraisal or reassessment, be adjusted or rolled back by the governing body of the taxing unit for the year for which levied as provided. (2) The adjustment or rollback of tax rates or millage for the base year as defined in subdivision (a)(5) of this section shall be designed to assure that each taxing unit will receive an amount of tax revenue from each tax source no greater than ten percent (10%) above the revenues received during the previous year from each tax source, adjusted for any lawful tax or millage rate increase or reduction imposed in the manner provided by law for the year for which the tax adjustment or rollback is to be made, and after making the following additional adjustments: (A) By excluding from calculation the assessed value of, and taxes derived from, tangible personal property assessed in the taxing unit and all real and tangible personal property of public utilities and regulated carriers assessed in the taxing unit; and (B) (i) By computing the adjusted or rollback millage rates on the basis of the reassessed taxable real property for the base year that will produce an amount of revenue no greater than ten percent (10%) above the revenues produced from the assessed value of real property in the taxing unit after making the aforementioned adjustments for personal properties and properties of public utilities and regulated carriers as provided in subdivision (a)(2)(A) of this section from millage rates in effect in the taxing unit during the base year in which the millage adjustment or rollback is to be calculated; (ii) In calculating the amount of adjusted or rollback millage necessary to produce tax revenues no greater than ten percent (10%) above the revenues received during the previous year, the governing body shall separate from the assessed value of taxable real property of the taxing unit, newly discovered real property and new construction and improvements to real property, after making the adjustments for personal property or property of public utilities and regulated carriers as provided in subdivision (a)(2)(A) of this section, and shall compute the millage necessary to produce an amount of revenues equal to, but no greater than, the base year revenues of the taxing unit from each millage source. Such taxing unit may elect either to obtain an increase in revenues equal to the amount of revenues that the computed or adjusted rollback millage will produce from newly discovered real property, new construction, and improvements to real property, or, if the same is less than ten percent (10%), the governing body of the taxing unit may recompute the millage rate to be charged to produce an amount no greater than ten percent (10%) above the revenues collected for taxable real property during the base year. (3) The amount of revenues to be derived from taxable personal property assessed in the taxing unit for the base year, other than personal property taxes to be paid by public utilities and regulated carriers in the manner provided, shall be computed at the millage necessary to produce the same dollar amount of revenues derived during the current year in which the base year adjustment or rollback of millage is computed, and the millage necessary to produce the amount of revenues received from personal property taxes received by the taxing unit, for the base year shall be reduced annually as the assessed value of taxable personal property increases until the amount of revenues from personal property taxes, computed on the basis of the current year millage rates, will produce an amount of revenues from taxable personal property equal to or greater than that received during the base year, and thereafter the millage rates for computing personal property taxes shall be the millage rates levied for the current year. (4) The taxes to be paid by public utilities and regulated carriers in the respective taxing units of the several counties of this state during the first five (5) calendar years in which taxes are levied on the taxable real and personal property as reassessed and equalized in each of the respective counties as a part of a statewide reappraisal program shall be the greater of the following: (A) The amount of taxes paid on property owned by such public utilities or regulated carriers in or assigned to the taxing unit, less adjustments for properties disposed of or reductions in the assessed valuation of such properties in the base year as defined below; or (B) The amount of taxes due on the assessed valuation of taxable real and tangible personal property belonging to the public utilities or regulated carriers located in or assigned to the taxing unit in each county at millage rates levied for the current year. (5) (A) As used in this section, "base year" means the year in which a county completes reassessment and equalization of taxable real and personal property as a part of a statewide reappraisal program and extends the adjusted or rolled back millage rates for the first time, as provided in subdivision (a)(1) of this section, for the respective taxing units in that county for collection in the following year. (B) In the event the amount of taxes paid the taxing unit in a county in the base year, as defined in this subdivision (a)(5), is greater than the taxes due to be paid to such taxing unit for the current year of any year of the second period of five (5) years after the base year, the difference between the base-year taxes and the current year taxes for any year of the five-year period shall be adjusted as follows: Current year of second period of five (5) years Taxes shall be current-year taxes to which shall be added the following percentage of the difference between the current-year taxes and the base-year taxes (if greater than current-year taxes) 1st year 80% of difference 2nd year 60% of difference 3rd year 40% of difference 4th year 20% of difference 5th year and thereafter Current year's taxes only (C) If the current-year taxes of a public utility or regulated carrier equal or exceed the base-year taxes due a taxing unit during any year of the first ten (10) years after the base year, the amount of taxes to be paid to the taxing unit shall thereafter be the current-year taxes, and the adjustment authorized in this section shall no longer apply in computing taxes to be paid to such taxing unit. (6) In the event the requirement for payment of taxes by public utilities and regulated carriers, or any class of utilities or carriers for the ten-year period as provided in subdivision (a)(5)(C) of this section shall be held by court decision to be contrary to the constitution or statutes of this state or of the United States Government, all utilities and all classes of carriers shall receive the same treatment provided or required under the court order for a particular type of carrier or utility if deemed necessary to promote equity between similar utilities or classes of carriers. (b) If it is determined that the adjustment or rollback of millages as provided for in this section will render income from millages pledged to secure any bonded indebtedness insufficient to meet the current requirements of all principal, interest, paying agents' fees, reserves, and other requirements of a bond indenture, any pledged millage shall be rolled back or adjusted only to a level which will produce at least a level of income sufficient to meet the current requirements of all principal, interest, paying agents' fees, reserves, and other requirements of the bond indenture. (c) Pursuant to the application of Arkansas Constitution, Amendment 74, to the rollback provisions of Arkansas Constitution, Amendment 59, for millage rates levied by the various school districts within the county, if it is determined that the adjustment or rollback of millages as provided in Arkansas Constitution, Amendment 59, will result in a tax rate available for maintenance and operation of less than the uniform rate of tax, then the millage shall be rolled back only to the uniform rate of tax plus debt service millage required, and no further. Amended by Act 2019, No. 315,§ 2955, eff. 7/24/2019. Acts 1981, No. 848, § 1; A.S.A. 1947, § 84-493; Acts 1997, No. 1300, § 22.

(a) (1) Whenever a countywide reappraisal or reassessment of property subject to ad valorem taxes, made in accordance with procedures established in this subchapter and with rules of the Assessment Coordination Division, or its successor agency, adopted pursuant to the authority granted in this section shall result in an increase in the aggregate value of taxable real and personal property in any taxing unit in this state of ten percent (10%) or more over the previous year, the rate of city or town, county, school district, and community college district taxes levied against the taxable real and personal property of each taxing unit shall, upon completion of the reappraisal or reassessment, be adjusted or rolled back by the governing body of the taxing unit for the year for which levied as provided. (2) The adjustment or rollback of tax rates or millage for the base year as defined in subdivision (a)(5) of this section shall be designed to assure that each taxing unit will receive an amount of tax revenue from each tax source no greater than ten percent (10%) above the revenues received during the previous year from each tax source, adjusted for any lawful tax or millage rate increase or reduction imposed in the manner provided by law for the year for which the tax adjustment or rollback is to be made, and after making the following additional adjustments: (A) By excluding from calculation the assessed value of, and taxes derived from, tangible personal property assessed in the taxing unit and all real and tangible personal property of public utilities and regulated carriers assessed in the taxing unit; and (B) (i) By computing the adjusted or rollback millage rates on the basis of the reassessed taxable real property for the base year that will produce an amount of revenue no greater than ten percent (10%) above the revenues produced from the assessed value of real property in the taxing unit after making the aforementioned adjustments for personal properties and properties of public utilities and regulated carriers as provided in subdivision (a)(2)(A) of this section from millage rates in effect in the taxing unit during the base year in which the millage adjustment or rollback is to be calculated; (ii) In calculating the amount of adjusted or rollback millage necessary to produce tax revenues no greater than ten percent (10%) above the revenues received during the previous year, the governing body shall separate from the assessed value of taxable real property of the taxing unit, newly discovered real property and new construction and improvements to real property, after making the adjustments for personal property or property of public utilities and regulated carriers as provided in subdivision (a)(2)(A) of this section, and shall compute the millage necessary to produce an amount of revenues equal to, but no greater than, the base year revenues of the taxing unit from each millage source. Such taxing unit may elect either to obtain an increase in revenues equal to the amount of revenues that the computed or adjusted rollback millage will produce from newly discovered real property, new construction, and improvements to real property, or, if the same is less than ten percent (10%), the governing body of the taxing unit may recompute the millage rate to be charged to produce an amount no greater than ten percent (10%) above the revenues collected for taxable real property during the base year. (3) The amount of revenues to be derived from taxable personal property assessed in the taxing unit for the base year, other than personal property taxes to be paid by public utilities and regulated carriers in the manner provided, shall be computed at the millage necessary to produce the same dollar amount of revenues derived during the current year in which the base year adjustment or rollback of millage is computed, and the millage necessary to produce the amount of revenues received from personal property taxes received by the taxing unit, for the base year shall be reduced annually as the assessed value of taxable personal property increases until the amount of revenues from personal property taxes, computed on the basis of the current year millage rates, will produce an amount of revenues from taxable personal property equal to or greater than that received during the base year, and thereafter the millage rates for computing personal property taxes shall be the millage rates levied for the current year. (4) The taxes to be paid by public utilities and regulated carriers in the respective taxing units of the several counties of this state during the first five (5) calendar years in which taxes are levied on the taxable real and personal property as reassessed and equalized in each of the respective counties as a part of a statewide reappraisal program shall be the greater of the following: (A) The amount of taxes paid on property owned by such public utilities or regulated carriers in or assigned to the taxing unit, less adjustments for properties disposed of or reductions in the assessed valuation of such properties in the base year as defined below; or (B) The amount of taxes due on the assessed valuation of taxable real and tangible personal property belonging to the public utilities or regulated carriers located in or assigned to the taxing unit in each county at millage rates levied for the current year. (5) (A) As used in this section, "base year" means the year in which a county completes reassessment and equalization of taxable real and personal property as a part of a statewide reappraisal program and extends the adjusted or rolled back millage rates for the first time, as provided in subdivision (a)(1) of this section, for the respective taxing units in that county for collection in the following year. (B) In the event the amount of taxes paid the taxing unit in a county in the base year, as defined in this subdivision (a)(5), is greater than the taxes due to be paid to such taxing unit for the current year of any year of the second period of five (5) years after the base year, the difference between the base-year taxes and the current year taxes for any year of the five-year period shall be adjusted as follows: Current year of second period of five (5) years Taxes shall be current-year taxes to which shall be added the following percentage of the difference between the current-year taxes and the base-year taxes (if greater than current-year taxes) 1st year 80% of difference 2nd year 60% of difference 3rd year 40% of difference 4th year 20% of difference 5th year and thereafter Current year's taxes only (C) If the current-year taxes of a public utility or regulated carrier equal or exceed the base-year taxes due a taxing unit during any year of the first ten (10) years after the base year, the amount of taxes to be paid to the taxing unit shall thereafter be the current-year taxes, and the adjustment authorized in this section shall no longer apply in computing taxes to be paid to such taxing unit. (6) In the event the requirement for payment of taxes by public utilities and regulated carriers, or any class of utilities or carriers for the ten-year period as provided in subdivision (a)(5)(C) of this section shall be held by court decision to be contrary to the constitution or statutes of this state or of the United States Government, all utilities and all classes of carriers shall receive the same treatment provided or required under the court order for a particular type of carrier or utility if deemed necessary to promote equity between similar utilities or classes of carriers.

(1) Whenever a countywide reappraisal or reassessment of property subject to ad valorem taxes, made in accordance with procedures established in this subchapter and with rules of the Assessment Coordination Division, or its successor agency, adopted pursuant to the authority granted in this section shall result in an increase in the aggregate value of taxable real and personal property in any taxing unit in this state of ten percent (10%) or more over the previous year, the rate of city or town, county, school district, and community college district taxes levied against the taxable real and personal property of each taxing unit shall, upon completion of the reappraisal or reassessment, be adjusted or rolled back by the governing body of the taxing unit for the year for which levied as provided.

(2) The adjustment or rollback of tax rates or millage for the base year as defined in subdivision (a)(5) of this section shall be designed to assure that each taxing unit will receive an amount of tax revenue from each tax source no greater than ten percent (10%) above the revenues received during the previous year from each tax source, adjusted for any lawful tax or millage rate increase or reduction imposed in the manner provided by law for the year for which the tax adjustment or rollback is to be made, and after making the following additional adjustments: (A) By excluding from calculation the assessed value of, and taxes derived from, tangible personal property assessed in the taxing unit and all real and tangible personal property of public utilities and regulated carriers assessed in the taxing unit; and (B) (i) By computing the adjusted or rollback millage rates on the basis of the reassessed taxable real property for the base year that will produce an amount of revenue no greater than ten percent (10%) above the revenues produced from the assessed value of real property in the taxing unit after making the aforementioned adjustments for personal properties and properties of public utilities and regulated carriers as provided in subdivision (a)(2)(A) of this section from millage rates in effect in the taxing unit during the base year in which the millage adjustment or rollback is to be calculated; (ii) In calculating the amount of adjusted or rollback millage necessary to produce tax revenues no greater than ten percent (10%) above the revenues received during the previous year, the governing body shall separate from the assessed value of taxable real property of the taxing unit, newly discovered real property and new construction and improvements to real property, after making the adjustments for personal property or property of public utilities and regulated carriers as provided in subdivision (a)(2)(A) of this section, and shall compute the millage necessary to produce an amount of revenues equal to, but no greater than, the base year revenues of the taxing unit from each millage source. Such taxing unit may elect either to obtain an increase in revenues equal to the amount of revenues that the computed or adjusted rollback millage will produce from newly discovered real property, new construction, and improvements to real property, or, if the same is less than ten percent (10%), the governing body of the taxing unit may recompute the millage rate to be charged to produce an amount no greater than ten percent (10%) above the revenues collected for taxable real property during the base year.

(A) By excluding from calculation the assessed value of, and taxes derived from, tangible personal property assessed in the taxing unit and all real and tangible personal property of public utilities and regulated carriers assessed in the taxing unit; and

(B) (i) By computing the adjusted or rollback millage rates on the basis of the reassessed taxable real property for the base year that will produce an amount of revenue no greater than ten percent (10%) above the revenues produced from the assessed value of real property in the taxing unit after making the aforementioned adjustments for personal properties and properties of public utilities and regulated carriers as provided in subdivision (a)(2)(A) of this section from millage rates in effect in the taxing unit during the base year in which the millage adjustment or rollback is to be calculated; (ii) In calculating the amount of adjusted or rollback millage necessary to produce tax revenues no greater than ten percent (10%) above the revenues received during the previous year, the governing body shall separate from the assessed value of taxable real property of the taxing unit, newly discovered real property and new construction and improvements to real property, after making the adjustments for personal property or property of public utilities and regulated carriers as provided in subdivision (a)(2)(A) of this section, and shall compute the millage necessary to produce an amount of revenues equal to, but no greater than, the base year revenues of the taxing unit from each millage source. Such taxing unit may elect either to obtain an increase in revenues equal to the amount of revenues that the computed or adjusted rollback millage will produce from newly discovered real property, new construction, and improvements to real property, or, if the same is less than ten percent (10%), the governing body of the taxing unit may recompute the millage rate to be charged to produce an amount no greater than ten percent (10%) above the revenues collected for taxable real property during the base year.

(i) By computing the adjusted or rollback millage rates on the basis of the reassessed taxable real property for the base year that will produce an amount of revenue no greater than ten percent (10%) above the revenues produced from the assessed value of real property in the taxing unit after making the aforementioned adjustments for personal properties and properties of public utilities and regulated carriers as provided in subdivision (a)(2)(A) of this section from millage rates in effect in the taxing unit during the base year in which the millage adjustment or rollback is to be calculated;

(ii) In calculating the amount of adjusted or rollback millage necessary to produce tax revenues no greater than ten percent (10%) above the revenues received during the previous year, the governing body shall separate from the assessed value of taxable real property of the taxing unit, newly discovered real property and new construction and improvements to real property, after making the adjustments for personal property or property of public utilities and regulated carriers as provided in subdivision (a)(2)(A) of this section, and shall compute the millage necessary to produce an amount of revenues equal to, but no greater than, the base year revenues of the taxing unit from each millage source. Such taxing unit may elect either to obtain an increase in revenues equal to the amount of revenues that the computed or adjusted rollback millage will produce from newly discovered real property, new construction, and improvements to real property, or, if the same is less than ten percent (10%), the governing body of the taxing unit may recompute the millage rate to be charged to produce an amount no greater than ten percent (10%) above the revenues collected for taxable real property during the base year.

(3) The amount of revenues to be derived from taxable personal property assessed in the taxing unit for the base year, other than personal property taxes to be paid by public utilities and regulated carriers in the manner provided, shall be computed at the millage necessary to produce the same dollar amount of revenues derived during the current year in which the base year adjustment or rollback of millage is computed, and the millage necessary to produce the amount of revenues received from personal property taxes received by the taxing unit, for the base year shall be reduced annually as the assessed value of taxable personal property increases until the amount of revenues from personal property taxes, computed on the basis of the current year millage rates, will produce an amount of revenues from taxable personal property equal to or greater than that received during the base year, and thereafter the millage rates for computing personal property taxes shall be the millage rates levied for the current year.

(4) The taxes to be paid by public utilities and regulated carriers in the respective taxing units of the several counties of this state during the first five (5) calendar years in which taxes are levied on the taxable real and personal property as reassessed and equalized in each of the respective counties as a part of a statewide reappraisal program shall be the greater of the following: (A) The amount of taxes paid on property owned by such public utilities or regulated carriers in or assigned to the taxing unit, less adjustments for properties disposed of or reductions in the assessed valuation of such properties in the base year as defined below; or (B) The amount of taxes due on the assessed valuation of taxable real and tangible personal property belonging to the public utilities or regulated carriers located in or assigned to the taxing unit in each county at millage rates levied for the current year.

(A) The amount of taxes paid on property owned by such public utilities or regulated carriers in or assigned to the taxing unit, less adjustments for properties disposed of or reductions in the assessed valuation of such properties in the base year as defined below; or

(B) The amount of taxes due on the assessed valuation of taxable real and tangible personal property belonging to the public utilities or regulated carriers located in or assigned to the taxing unit in each county at millage rates levied for the current year.

(5) (A) As used in this section, "base year" means the year in which a county completes reassessment and equalization of taxable real and personal property as a part of a statewide reappraisal program and extends the adjusted or rolled back millage rates for the first time, as provided in subdivision (a)(1) of this section, for the respective taxing units in that county for collection in the following year. (B) In the event the amount of taxes paid the taxing unit in a county in the base year, as defined in this subdivision (a)(5), is greater than the taxes due to be paid to such taxing unit for the current year of any year of the second period of five (5) years after the base year, the difference between the base-year taxes and the current year taxes for any year of the five-year period shall be adjusted as follows: Current year of second period of five (5) years Taxes shall be current-year taxes to which shall be added the following percentage of the difference between the current-year taxes and the base-year taxes (if greater than current-year taxes) 1st year 80% of difference 2nd year 60% of difference 3rd year 40% of difference 4th year 20% of difference 5th year and thereafter Current year's taxes only (C) If the current-year taxes of a public utility or regulated carrier equal or exceed the base-year taxes due a taxing unit during any year of the first ten (10) years after the base year, the amount of taxes to be paid to the taxing unit shall thereafter be the current-year taxes, and the adjustment authorized in this section shall no longer apply in computing taxes to be paid to such taxing unit.

(A) As used in this section, "base year" means the year in which a county completes reassessment and equalization of taxable real and personal property as a part of a statewide reappraisal program and extends the adjusted or rolled back millage rates for the first time, as provided in subdivision (a)(1) of this section, for the respective taxing units in that county for collection in the following year.

(B) In the event the amount of taxes paid the taxing unit in a county in the base year, as defined in this subdivision (a)(5), is greater than the taxes due to be paid to such taxing unit for the current year of any year of the second period of five (5) years after the base year, the difference between the base-year taxes and the current year taxes for any year of the five-year period shall be adjusted as follows: Current year of second period of five (5) years Taxes shall be current-year taxes to which shall be added the following percentage of the difference between the current-year taxes and the base-year taxes (if greater than current-year taxes) 1st year 80% of difference 2nd year 60% of difference 3rd year 40% of difference 4th year 20% of difference 5th year and thereafter Current year's taxes only

Current year of second period of five (5) years Taxes shall be current-year taxes to which shall be added the following percentage of the difference between the current-year taxes and the base-year taxes (if greater than current-year taxes) 1st year 80% of difference 2nd year 60% of difference 3rd year 40% of difference 4th year 20% of difference 5th year and thereafter Current year's taxes only

Current year of second period of five (5) years

Taxes shall be current-year taxes to which shall be added the following percentage of the difference between the current-year taxes and the base-year taxes (if greater than current-year taxes)

1st year

80% of difference

2nd year

60% of difference

3rd year

40% of difference

4th year

20% of difference

5th year and thereafter

Current year's taxes only

(C) If the current-year taxes of a public utility or regulated carrier equal or exceed the base-year taxes due a taxing unit during any year of the first ten (10) years after the base year, the amount of taxes to be paid to the taxing unit shall thereafter be the current-year taxes, and the adjustment authorized in this section shall no longer apply in computing taxes to be paid to such taxing unit.

(6) In the event the requirement for payment of taxes by public utilities and regulated carriers, or any class of utilities or carriers for the ten-year period as provided in subdivision (a)(5)(C) of this section shall be held by court decision to be contrary to the constitution or statutes of this state or of the United States Government, all utilities and all classes of carriers shall receive the same treatment provided or required under the court order for a particular type of carrier or utility if deemed necessary to promote equity between similar utilities or classes of carriers.

(b) If it is determined that the adjustment or rollback of millages as provided for in this section will render income from millages pledged to secure any bonded indebtedness insufficient to meet the current requirements of all principal, interest, paying agents' fees, reserves, and other requirements of a bond indenture, any pledged millage shall be rolled back or adjusted only to a level which will produce at least a level of income sufficient to meet the current requirements of all principal, interest, paying agents' fees, reserves, and other requirements of the bond indenture.

(c) Pursuant to the application of Arkansas Constitution, Amendment 74, to the rollback provisions of Arkansas Constitution, Amendment 59, for millage rates levied by the various school districts within the county, if it is determined that the adjustment or rollback of millages as provided in Arkansas Constitution, Amendment 59, will result in a tax rate available for maintenance and operation of less than the uniform rate of tax, then the millage shall be rolled back only to the uniform rate of tax plus debt service millage required, and no further.

Amended by Act 2019, No. 315,§ 2955, eff. 7/24/2019.

Acts 1981, No. 848, § 1; A.S.A. 1947, § 84-493; Acts 1997, No. 1300, § 22.
Ark. Code Ann. § 26-60-107 — AR Code / Title 26 / Chapter 60 / Section 26-60-107
Real Property Transfer Tax Affidavit of Compliance form
Status: in_force

(a) (1) The Secretary of the Department of Finance and Administration shall design a "Real Property Transfer Tax Affidavit of Compliance" form. (2) (A) The form shall contain essentially the information prescribed in this section. (B) The affidavit portion of the form shall provide: (i) The name and address of the grantor or seller; (ii) The name and address of the grantee or buyer; (iii) The date of the real property transfer as reflected on the transfer instrument; (iv) The name of the county where the property is located; (v) The amount of the full consideration for the transaction or a statement giving the reason the real property transfer tax does not apply to the transaction unless it is clearly evident from the contents of the instrument to be recorded without reference to any other writing or extrinsic evidence that the instrument is exempt from the real property transfer tax under one (1) of the provisions in § 26-60-102 , in which case the county recorder may record the instrument without the affidavit. In any case when the county recorder doubts the entitlement to the exemption, the county recorder shall require the affidavit or a certification, setting out the reasons for the exemption in full to be submitted with the instrument prior to recording the instrument; and (vi) The value of the documentary stamps or documentary symbol attached to the face of the instrument. (b) (1) If the real property transfer instrument is for a transfer upon which no tax is due but is not clearly exempt under § 26-60-102 , the affidavit under subsection (a) of this section shall provide for stating this fact and shall be signed by the grantee or his or her agent, whose address shall be included on the affidavit and be presented with the transfer instrument to the county recorder. (2) The secretary shall furnish the "Real Property Transfer Tax Affidavit of Compliance" forms to each revenue office in each county of this state and may make these forms available to the county recorder or any other interested persons in each county upon request to the secretary. (3) (A) The grantee or his or her agent shall complete the affidavit, including a statement of the full consideration for the transaction and the amount of tax to be reflected by documentary stamps or a documentary symbol on the face of the instrument. (B) The grantee or his or her agent shall attach the proper number of documentary stamps or the proper documentary symbol to the face of the instrument in such a manner that all documentary stamps or the documentary symbol will be fully visible in the records of the county recorder where the county recorder maintains records by reproducing the instrument by photographic, photocopy, or other reproductive method. (c) (1) When it is clearly evident from the contents of the instrument without reference to any other writing or extrinsic evidence that the instrument is exempt from the real property transfer tax under one (1) of the provisions in § 26-60-102 , the county recorder may record the instrument without requiring the certification allowed as an alternative to the affidavit. (2) If the county recorder doubts the entitlement to the exemption, the county recorder shall require a certification or affidavit setting out the reasons for the exemption in full to be submitted with the instrument prior to recording the instrument. (d) (1) The affidavits in the files of the secretary are public records governed by the same rules as are applied to the disclosure of motor vehicle titling and registration information. (2) The copies of the affidavit in the hands of the county assessor are public records subject to the same laws regarding disclosure as all other taxpayer records of the county assessor. (e) (1) Upon receipt of the instrument, the county recorder shall cancel the documentary stamps or documentary symbol or shall note that the instrument is exempt or that no tax is due on the face of the instrument. (2) The county recorder shall place on the face of the affidavit a file stamp and the book and page or instrument number of the recorded instrument. (f) The secretary may: (1) (A) Investigate the possibility of replacing or supplementing the paper Real Property Transfer Tax Affidavit of Compliance presently used as proof of compliance with the real property transfer tax with alternative proofs of compliance, including without limitation electronic affidavits with electronic signatures. (B) The secretary shall collaborate with attorneys at law, representatives of title companies, county recorders, and other interested parties to recommend an alternative method of providing proof of compliance with the real property transfer tax. (C) If an investigation is undertaken, the secretary shall complete the investigation by July 1, 2012; and (2) (A) Promulgate rules to implement alternative methods of providing proof of compliance with the real property transfer tax that ensure that the grantee is in full compliance with the law and the use of documentary symbols. (B) Before promulgating any rules, the secretary shall report the finding of the investigation authorized under subdivision (f)(1) of this section to the Speaker of the House of Representatives and the President Pro Tempore of the Senate if the General Assembly is in session or to the Legislative Council during an interim. Amended by Act 2019, No. 910,§ 4295, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4294, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4293, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4292, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4291, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4290, eff. 7/1/2019. Acts 1971, No. 275, § 5; 1983, No. 754, § 4; 1985, No. 926, § 4; 1985, No. 1063, § 3; 1985, No. 1081, § 3; A.S.A. 1947, § 84-4305; Acts 2011, No. 700, § 1.

(a) (1) The Secretary of the Department of Finance and Administration shall design a "Real Property Transfer Tax Affidavit of Compliance" form. (2) (A) The form shall contain essentially the information prescribed in this section. (B) The affidavit portion of the form shall provide: (i) The name and address of the grantor or seller; (ii) The name and address of the grantee or buyer; (iii) The date of the real property transfer as reflected on the transfer instrument; (iv) The name of the county where the property is located; (v) The amount of the full consideration for the transaction or a statement giving the reason the real property transfer tax does not apply to the transaction unless it is clearly evident from the contents of the instrument to be recorded without reference to any other writing or extrinsic evidence that the instrument is exempt from the real property transfer tax under one (1) of the provisions in § 26-60-102 , in which case the county recorder may record the instrument without the affidavit. In any case when the county recorder doubts the entitlement to the exemption, the county recorder shall require the affidavit or a certification, setting out the reasons for the exemption in full to be submitted with the instrument prior to recording the instrument; and (vi) The value of the documentary stamps or documentary symbol attached to the face of the instrument.

(1) The Secretary of the Department of Finance and Administration shall design a "Real Property Transfer Tax Affidavit of Compliance" form.

(2) (A) The form shall contain essentially the information prescribed in this section. (B) The affidavit portion of the form shall provide: (i) The name and address of the grantor or seller; (ii) The name and address of the grantee or buyer; (iii) The date of the real property transfer as reflected on the transfer instrument; (iv) The name of the county where the property is located; (v) The amount of the full consideration for the transaction or a statement giving the reason the real property transfer tax does not apply to the transaction unless it is clearly evident from the contents of the instrument to be recorded without reference to any other writing or extrinsic evidence that the instrument is exempt from the real property transfer tax under one (1) of the provisions in § 26-60-102 , in which case the county recorder may record the instrument without the affidavit. In any case when the county recorder doubts the entitlement to the exemption, the county recorder shall require the affidavit or a certification, setting out the reasons for the exemption in full to be submitted with the instrument prior to recording the instrument; and (vi) The value of the documentary stamps or documentary symbol attached to the face of the instrument.

(A) The form shall contain essentially the information prescribed in this section.

(B) The affidavit portion of the form shall provide: (i) The name and address of the grantor or seller; (ii) The name and address of the grantee or buyer; (iii) The date of the real property transfer as reflected on the transfer instrument; (iv) The name of the county where the property is located; (v) The amount of the full consideration for the transaction or a statement giving the reason the real property transfer tax does not apply to the transaction unless it is clearly evident from the contents of the instrument to be recorded without reference to any other writing or extrinsic evidence that the instrument is exempt from the real property transfer tax under one (1) of the provisions in § 26-60-102 , in which case the county recorder may record the instrument without the affidavit. In any case when the county recorder doubts the entitlement to the exemption, the county recorder shall require the affidavit or a certification, setting out the reasons for the exemption in full to be submitted with the instrument prior to recording the instrument; and (vi) The value of the documentary stamps or documentary symbol attached to the face of the instrument.

(i) The name and address of the grantor or seller;

(ii) The name and address of the grantee or buyer;

(iii) The date of the real property transfer as reflected on the transfer instrument;

(iv) The name of the county where the property is located;

(v) The amount of the full consideration for the transaction or a statement giving the reason the real property transfer tax does not apply to the transaction unless it is clearly evident from the contents of the instrument to be recorded without reference to any other writing or extrinsic evidence that the instrument is exempt from the real property transfer tax under one (1) of the provisions in § 26-60-102 , in which case the county recorder may record the instrument without the affidavit. In any case when the county recorder doubts the entitlement to the exemption, the county recorder shall require the affidavit or a certification, setting out the reasons for the exemption in full to be submitted with the instrument prior to recording the instrument; and

(vi) The value of the documentary stamps or documentary symbol attached to the face of the instrument.

(b) (1) If the real property transfer instrument is for a transfer upon which no tax is due but is not clearly exempt under § 26-60-102 , the affidavit under subsection (a) of this section shall provide for stating this fact and shall be signed by the grantee or his or her agent, whose address shall be included on the affidavit and be presented with the transfer instrument to the county recorder. (2) The secretary shall furnish the "Real Property Transfer Tax Affidavit of Compliance" forms to each revenue office in each county of this state and may make these forms available to the county recorder or any other interested persons in each county upon request to the secretary. (3) (A) The grantee or his or her agent shall complete the affidavit, including a statement of the full consideration for the transaction and the amount of tax to be reflected by documentary stamps or a documentary symbol on the face of the instrument. (B) The grantee or his or her agent shall attach the proper number of documentary stamps or the proper documentary symbol to the face of the instrument in such a manner that all documentary stamps or the documentary symbol will be fully visible in the records of the county recorder where the county recorder maintains records by reproducing the instrument by photographic, photocopy, or other reproductive method.

(1) If the real property transfer instrument is for a transfer upon which no tax is due but is not clearly exempt under § 26-60-102 , the affidavit under subsection (a) of this section shall provide for stating this fact and shall be signed by the grantee or his or her agent, whose address shall be included on the affidavit and be presented with the transfer instrument to the county recorder.

(2) The secretary shall furnish the "Real Property Transfer Tax Affidavit of Compliance" forms to each revenue office in each county of this state and may make these forms available to the county recorder or any other interested persons in each county upon request to the secretary.

(3) (A) The grantee or his or her agent shall complete the affidavit, including a statement of the full consideration for the transaction and the amount of tax to be reflected by documentary stamps or a documentary symbol on the face of the instrument. (B) The grantee or his or her agent shall attach the proper number of documentary stamps or the proper documentary symbol to the face of the instrument in such a manner that all documentary stamps or the documentary symbol will be fully visible in the records of the county recorder where the county recorder maintains records by reproducing the instrument by photographic, photocopy, or other reproductive method.

(A) The grantee or his or her agent shall complete the affidavit, including a statement of the full consideration for the transaction and the amount of tax to be reflected by documentary stamps or a documentary symbol on the face of the instrument.

(B) The grantee or his or her agent shall attach the proper number of documentary stamps or the proper documentary symbol to the face of the instrument in such a manner that all documentary stamps or the documentary symbol will be fully visible in the records of the county recorder where the county recorder maintains records by reproducing the instrument by photographic, photocopy, or other reproductive method.

(c) (1) When it is clearly evident from the contents of the instrument without reference to any other writing or extrinsic evidence that the instrument is exempt from the real property transfer tax under one (1) of the provisions in § 26-60-102 , the county recorder may record the instrument without requiring the certification allowed as an alternative to the affidavit. (2) If the county recorder doubts the entitlement to the exemption, the county recorder shall require a certification or affidavit setting out the reasons for the exemption in full to be submitted with the instrument prior to recording the instrument.

(1) When it is clearly evident from the contents of the instrument without reference to any other writing or extrinsic evidence that the instrument is exempt from the real property transfer tax under one (1) of the provisions in § 26-60-102 , the county recorder may record the instrument without requiring the certification allowed as an alternative to the affidavit.

(2) If the county recorder doubts the entitlement to the exemption, the county recorder shall require a certification or affidavit setting out the reasons for the exemption in full to be submitted with the instrument prior to recording the instrument.

(d) (1) The affidavits in the files of the secretary are public records governed by the same rules as are applied to the disclosure of motor vehicle titling and registration information. (2) The copies of the affidavit in the hands of the county assessor are public records subject to the same laws regarding disclosure as all other taxpayer records of the county assessor.

(1) The affidavits in the files of the secretary are public records governed by the same rules as are applied to the disclosure of motor vehicle titling and registration information.

(2) The copies of the affidavit in the hands of the county assessor are public records subject to the same laws regarding disclosure as all other taxpayer records of the county assessor.

(e) (1) Upon receipt of the instrument, the county recorder shall cancel the documentary stamps or documentary symbol or shall note that the instrument is exempt or that no tax is due on the face of the instrument. (2) The county recorder shall place on the face of the affidavit a file stamp and the book and page or instrument number of the recorded instrument.

(1) Upon receipt of the instrument, the county recorder shall cancel the documentary stamps or documentary symbol or shall note that the instrument is exempt or that no tax is due on the face of the instrument.

(2) The county recorder shall place on the face of the affidavit a file stamp and the book and page or instrument number of the recorded instrument.

(f) The secretary may: (1) (A) Investigate the possibility of replacing or supplementing the paper Real Property Transfer Tax Affidavit of Compliance presently used as proof of compliance with the real property transfer tax with alternative proofs of compliance, including without limitation electronic affidavits with electronic signatures. (B) The secretary shall collaborate with attorneys at law, representatives of title companies, county recorders, and other interested parties to recommend an alternative method of providing proof of compliance with the real property transfer tax. (C) If an investigation is undertaken, the secretary shall complete the investigation by July 1, 2012; and (2) (A) Promulgate rules to implement alternative methods of providing proof of compliance with the real property transfer tax that ensure that the grantee is in full compliance with the law and the use of documentary symbols. (B) Before promulgating any rules, the secretary shall report the finding of the investigation authorized under subdivision (f)(1) of this section to the Speaker of the House of Representatives and the President Pro Tempore of the Senate if the General Assembly is in session or to the Legislative Council during an interim.

(1) (A) Investigate the possibility of replacing or supplementing the paper Real Property Transfer Tax Affidavit of Compliance presently used as proof of compliance with the real property transfer tax with alternative proofs of compliance, including without limitation electronic affidavits with electronic signatures. (B) The secretary shall collaborate with attorneys at law, representatives of title companies, county recorders, and other interested parties to recommend an alternative method of providing proof of compliance with the real property transfer tax. (C) If an investigation is undertaken, the secretary shall complete the investigation by July 1, 2012; and

(A) Investigate the possibility of replacing or supplementing the paper Real Property Transfer Tax Affidavit of Compliance presently used as proof of compliance with the real property transfer tax with alternative proofs of compliance, including without limitation electronic affidavits with electronic signatures.

(B) The secretary shall collaborate with attorneys at law, representatives of title companies, county recorders, and other interested parties to recommend an alternative method of providing proof of compliance with the real property transfer tax.

(C) If an investigation is undertaken, the secretary shall complete the investigation by July 1, 2012; and

(2) (A) Promulgate rules to implement alternative methods of providing proof of compliance with the real property transfer tax that ensure that the grantee is in full compliance with the law and the use of documentary symbols. (B) Before promulgating any rules, the secretary shall report the finding of the investigation authorized under subdivision (f)(1) of this section to the Speaker of the House of Representatives and the President Pro Tempore of the Senate if the General Assembly is in session or to the Legislative Council during an interim.

(A) Promulgate rules to implement alternative methods of providing proof of compliance with the real property transfer tax that ensure that the grantee is in full compliance with the law and the use of documentary symbols.

(B) Before promulgating any rules, the secretary shall report the finding of the investigation authorized under subdivision (f)(1) of this section to the Speaker of the House of Representatives and the President Pro Tempore of the Senate if the General Assembly is in session or to the Legislative Council during an interim.

Amended by Act 2019, No. 910,§ 4295, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4294, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4293, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4292, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4291, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4290, eff. 7/1/2019.

Acts 1971, No. 275, § 5; 1983, No. 754, § 4; 1985, No. 926, § 4; 1985, No. 1063, § 3; 1985, No. 1081, § 3; A.S.A. 1947, § 84-4305; Acts 2011, No. 700, § 1.
Ark. Code Ann. § 26-58-102 — AR Code / Title 26 / Chapter 58 / Subchapter 1 / Section 26-58-102
Effect of subchapter on other laws
Status: in_force

Nothing in this subchapter shall be construed to affect, amend, or repeal § 15-71-101 et seq. and § 15-72-101 et seq. Acts 1947, No. 136, § 11; 1947, No. 299, § 1; 1983, No. 254, § 9; A.S.A. 1947, § 84-2111.

Nothing in this subchapter shall be construed to affect, amend, or repeal § 15-71-101 et seq. and § 15-72-101 et seq.

Acts 1947, No. 136, § 11; 1947, No. 299, § 1; 1983, No. 254, § 9; A.S.A. 1947, § 84-2111.
Ark. Code Ann. § 26-57-405 — AR Code / Title 26 / Chapter 57 / Subchapter 4 / Section 26-57-405
License tag for machines
Status: in_force

(a) Upon payment of the tax provided for in § 26-57-404 , the Secretary of the Department of Finance and Administration will issue a license tag. (b) The license tag shall: (1) State the period of time the amusement device may be operated; and (2) Be attached to the amusement device before placing it in operation. Amended by Act 2019, No. 910,§ 4169, eff. 7/1/2019. Acts 1939, No. 201, § 4; A.S.A. 1947, § 84-2613.

(a) Upon payment of the tax provided for in § 26-57-404 , the Secretary of the Department of Finance and Administration will issue a license tag.

(b) The license tag shall: (1) State the period of time the amusement device may be operated; and (2) Be attached to the amusement device before placing it in operation.

(1) State the period of time the amusement device may be operated; and

(2) Be attached to the amusement device before placing it in operation.

Amended by Act 2019, No. 910,§ 4169, eff. 7/1/2019.

Acts 1939, No. 201, § 4; A.S.A. 1947, § 84-2613.
Ark. Code Ann. § 26-23-202 — AR Code / Title 26 / Chapter 23 / Subchapter 2 / Section 26-23-202
Purpose
Status: in_force

(a) It is the intent of this act that the following objectives shall apply to the operation of the property tax system for Arkansas taxpayers: (1) To be taxed fairly and assessed equitably throughout the state; (2) To have access to information concerning how the system of property taxation works and how their tax dollars are spent; (3) To participate in the determination of tax rates or millage rates levied in local taxing units; (4) To receive fair and courteous treatment throughout the property tax system; (5) To review the reassessments and methodology used in determining the value of their properties and that of comparable properties; (6) To receive a prompt response by government officials to inquiries regarding the value of their properties; (7) To require government officials or others responsible for the valuation of property to review and correct any measurement error to the nearest foot, clerical error, or other technical error which occurred in the valuation of their properties; (8) To be sent a notice setting forth the following: (A) The amount of any change in the value of their properties; (B) The right of the taxpayer to appeal such a change; and (C) The procedures which must be followed on appeal, including the name, title, address, and telephone number of the secretary of the county equalization board to whom the appeal and any supporting documentation should be directed, the deadline for requesting a hearing, and the proof required for adjustment of value; (9) To complete all steps in the appeal process before paying any disputed taxes; (10) To receive written notification of the outcome of any appeal; and (11) To recover any overpayment of taxes resulting from erroneous assessments within three (3) years after payment. (b) The rights enumerated in subsection (a) of this section shall be prominently displayed in each county assessor's and county collector's office in Arkansas. (c) (1) The provisions of subsections (a) and (b) of this section are goals and objectives only and no person or entity shall have a civil cause of action for any alleged breach or violation of any of these goals and objectives. (2) However, subdivision (c)(1) of this section shall not be interpreted or construed to limit the rights of any taxpayer under any other law of this state. Acts 1999, No. 572, § 2.

(a) It is the intent of this act that the following objectives shall apply to the operation of the property tax system for Arkansas taxpayers: (1) To be taxed fairly and assessed equitably throughout the state; (2) To have access to information concerning how the system of property taxation works and how their tax dollars are spent; (3) To participate in the determination of tax rates or millage rates levied in local taxing units; (4) To receive fair and courteous treatment throughout the property tax system; (5) To review the reassessments and methodology used in determining the value of their properties and that of comparable properties; (6) To receive a prompt response by government officials to inquiries regarding the value of their properties; (7) To require government officials or others responsible for the valuation of property to review and correct any measurement error to the nearest foot, clerical error, or other technical error which occurred in the valuation of their properties; (8) To be sent a notice setting forth the following: (A) The amount of any change in the value of their properties; (B) The right of the taxpayer to appeal such a change; and (C) The procedures which must be followed on appeal, including the name, title, address, and telephone number of the secretary of the county equalization board to whom the appeal and any supporting documentation should be directed, the deadline for requesting a hearing, and the proof required for adjustment of value; (9) To complete all steps in the appeal process before paying any disputed taxes; (10) To receive written notification of the outcome of any appeal; and (11) To recover any overpayment of taxes resulting from erroneous assessments within three (3) years after payment.

(1) To be taxed fairly and assessed equitably throughout the state;

(2) To have access to information concerning how the system of property taxation works and how their tax dollars are spent;

(3) To participate in the determination of tax rates or millage rates levied in local taxing units;

(4) To receive fair and courteous treatment throughout the property tax system;

(5) To review the reassessments and methodology used in determining the value of their properties and that of comparable properties;

(6) To receive a prompt response by government officials to inquiries regarding the value of their properties;

(7) To require government officials or others responsible for the valuation of property to review and correct any measurement error to the nearest foot, clerical error, or other technical error which occurred in the valuation of their properties;

(8) To be sent a notice setting forth the following: (A) The amount of any change in the value of their properties; (B) The right of the taxpayer to appeal such a change; and (C) The procedures which must be followed on appeal, including the name, title, address, and telephone number of the secretary of the county equalization board to whom the appeal and any supporting documentation should be directed, the deadline for requesting a hearing, and the proof required for adjustment of value;

(A) The amount of any change in the value of their properties;

(B) The right of the taxpayer to appeal such a change; and

(C) The procedures which must be followed on appeal, including the name, title, address, and telephone number of the secretary of the county equalization board to whom the appeal and any supporting documentation should be directed, the deadline for requesting a hearing, and the proof required for adjustment of value;

(9) To complete all steps in the appeal process before paying any disputed taxes;

(10) To receive written notification of the outcome of any appeal; and

(11) To recover any overpayment of taxes resulting from erroneous assessments within three (3) years after payment.

(b) The rights enumerated in subsection (a) of this section shall be prominently displayed in each county assessor's and county collector's office in Arkansas.

(c) (1) The provisions of subsections (a) and (b) of this section are goals and objectives only and no person or entity shall have a civil cause of action for any alleged breach or violation of any of these goals and objectives. (2) However, subdivision (c)(1) of this section shall not be interpreted or construed to limit the rights of any taxpayer under any other law of this state.

(1) The provisions of subsections (a) and (b) of this section are goals and objectives only and no person or entity shall have a civil cause of action for any alleged breach or violation of any of these goals and objectives.

(2) However, subdivision (c)(1) of this section shall not be interpreted or construed to limit the rights of any taxpayer under any other law of this state.

Acts 1999, No. 572, § 2.
Ark. Code Ann. § 26-26-719 — AR Code / Title 26 / Chapter 26 / Subchapter 7 / Section 26-26-719
Irregular or incomplete descriptions
Status: in_force

(a) (1) It is the duty of a county assessor to strictly follow the provisions of § 26-26-717 . (2) When it is otherwise impossible to correctly describe real property on the assessment roll according to its ownership, it is the duty of a county assessor to petition the county court for a survey of the real property under the provisions of § 26-26-802 . (b) (1) In any case where a tract of land is irregularly described, the county assessor must require the owner to bring in his or her deed. (2) The tract of land must then be taken from the deed, and the tract of land to be assessed must be platted on a plat book furnished the county assessor by the county court of each township in the county. (3) The county assessor shall draw a plat of the tract of land and shall number it as "Lot No. ..............." and then enter the tract of land on the assessment book as "Lot No. ............... of ..............." describing the section or portion of the section in which the tract of land is found. (c) It shall be sufficient to advertise the tract of land for failure to pay taxes by the number of the lot assigned to the tract of land. (d) (1) If for any reason a part description of the real property assessed is made by the county assessor, the reason must be stated, and the county assessor shall immediately certify his or her inability to properly describe the real property to the Commissioner of State Lands on or before October 1 in each year. (2) (A) The Commissioner of State Lands shall assemble the certificates of part description received from the county assessors and certify them to the Attorney General, who shall file his or her petition in the circuit court having jurisdiction. (B) The circuit court is vested with jurisdiction upon the petition to issue any form or writ necessary for ascertaining the correct ownership description of the real property involved. (e) Upon petition of the Attorney General addressed to the circuit court having jurisdiction, any county assessor who shall fail or refuse to comply with the provisions of § 26-26-718 and this section shall be removed from office and shall only be reinstated when he or she has performed the duties enjoined but shall receive no compensation for correcting any of his or her acts of omission or commission. Acts 1935, No. 170, § 6; Pope's Dig., § 13793; A.S.A. 1947, § 84-451.

(a) (1) It is the duty of a county assessor to strictly follow the provisions of § 26-26-717 . (2) When it is otherwise impossible to correctly describe real property on the assessment roll according to its ownership, it is the duty of a county assessor to petition the county court for a survey of the real property under the provisions of § 26-26-802 .

(1) It is the duty of a county assessor to strictly follow the provisions of § 26-26-717 .

(2) When it is otherwise impossible to correctly describe real property on the assessment roll according to its ownership, it is the duty of a county assessor to petition the county court for a survey of the real property under the provisions of § 26-26-802 .

(b) (1) In any case where a tract of land is irregularly described, the county assessor must require the owner to bring in his or her deed. (2) The tract of land must then be taken from the deed, and the tract of land to be assessed must be platted on a plat book furnished the county assessor by the county court of each township in the county. (3) The county assessor shall draw a plat of the tract of land and shall number it as "Lot No. ..............." and then enter the tract of land on the assessment book as "Lot No. ............... of ..............." describing the section or portion of the section in which the tract of land is found.

(1) In any case where a tract of land is irregularly described, the county assessor must require the owner to bring in his or her deed.

(2) The tract of land must then be taken from the deed, and the tract of land to be assessed must be platted on a plat book furnished the county assessor by the county court of each township in the county.

(3) The county assessor shall draw a plat of the tract of land and shall number it as "Lot No. ..............." and then enter the tract of land on the assessment book as "Lot No. ............... of ..............." describing the section or portion of the section in which the tract of land is found.

(c) It shall be sufficient to advertise the tract of land for failure to pay taxes by the number of the lot assigned to the tract of land.

(d) (1) If for any reason a part description of the real property assessed is made by the county assessor, the reason must be stated, and the county assessor shall immediately certify his or her inability to properly describe the real property to the Commissioner of State Lands on or before October 1 in each year. (2) (A) The Commissioner of State Lands shall assemble the certificates of part description received from the county assessors and certify them to the Attorney General, who shall file his or her petition in the circuit court having jurisdiction. (B) The circuit court is vested with jurisdiction upon the petition to issue any form or writ necessary for ascertaining the correct ownership description of the real property involved.

(1) If for any reason a part description of the real property assessed is made by the county assessor, the reason must be stated, and the county assessor shall immediately certify his or her inability to properly describe the real property to the Commissioner of State Lands on or before October 1 in each year.

(2) (A) The Commissioner of State Lands shall assemble the certificates of part description received from the county assessors and certify them to the Attorney General, who shall file his or her petition in the circuit court having jurisdiction. (B) The circuit court is vested with jurisdiction upon the petition to issue any form or writ necessary for ascertaining the correct ownership description of the real property involved.

(A) The Commissioner of State Lands shall assemble the certificates of part description received from the county assessors and certify them to the Attorney General, who shall file his or her petition in the circuit court having jurisdiction.

(B) The circuit court is vested with jurisdiction upon the petition to issue any form or writ necessary for ascertaining the correct ownership description of the real property involved.

(e) Upon petition of the Attorney General addressed to the circuit court having jurisdiction, any county assessor who shall fail or refuse to comply with the provisions of § 26-26-718 and this section shall be removed from office and shall only be reinstated when he or she has performed the duties enjoined but shall receive no compensation for correcting any of his or her acts of omission or commission.

Acts 1935, No. 170, § 6; Pope's Dig., § 13793; A.S.A. 1947, § 84-451.
Ark. Code Ann. § 26-57-605 — AR Code / Title 26 / Chapter 57 / Subchapter 6 / Section 26-57-605
Wet marine and foreign trade insurers - Report and remittance of tax
Status: in_force

(a) As to wet marine and foreign trade insurance written in this state during the preceding calendar year, on or before March 1 of each year, each authorized, unauthorized, or formerly authorized insurer shall file its report with the Insurance Commissioner, on forms as prescribed by the commissioner of its gross underwriting profit thereon. (b) As a tax imposed for the privilege of transacting such wet marine and foreign trade insurance in this state, a tax of three-quarters of one percent (3/4%) of the gross underwriting profit shall be reported and paid on a quarterly estimate basis at such times and upon forms as shall be prescribed by the commissioner and reconciled annually at the time of filing the annual report. (c) (1) The gross underwriting profit shall be ascertained by deducting from the net premiums, which are the gross premiums less all return premiums and premiums for reinsurance, on wet marine and foreign trade insurance contracts, the net losses paid, which are the gross losses paid less salvage and recoveries on reinsurance ceded, during the calendar year under those contracts. (2) In the case of insurers issuing participating contracts, the gross underwriting profit shall not include for computation of the tax prescribed by this section the amounts refunded or paid as participation dividends by the insurers to the holders of the contracts. (d) As used in this subchapter, "wet marine and foreign trade insurance" includes only: (1) Insurances upon vessels, crafts, hulls, and of interests therein, of, or with relations thereto; (2) Insurance of marine builder's risks, marine war risks, and contracts of marine protection and indemnity insurance; (3) Insurance of freights and disbursements pertaining to a subject of insurance coming within this definition; and (4) Insurance of personal property and interests therein, in course of exportation from or importation into any country, or in course of transportation, and while being prepared for and while awaiting shipment, and during any delays, storage, trans-shipment, or reshipment incident thereto. Acts 1959, No. 148, § 69; 1979, No. 908, § 1; 1981, No. 595, § 1; A.S.A. 1947, § 66-2302; Acts 1987, No. 1033, § 1; 1989, No. 772, § 21.

(a) As to wet marine and foreign trade insurance written in this state during the preceding calendar year, on or before March 1 of each year, each authorized, unauthorized, or formerly authorized insurer shall file its report with the Insurance Commissioner, on forms as prescribed by the commissioner of its gross underwriting profit thereon.

(b) As a tax imposed for the privilege of transacting such wet marine and foreign trade insurance in this state, a tax of three-quarters of one percent (3/4%) of the gross underwriting profit shall be reported and paid on a quarterly estimate basis at such times and upon forms as shall be prescribed by the commissioner and reconciled annually at the time of filing the annual report.

(c) (1) The gross underwriting profit shall be ascertained by deducting from the net premiums, which are the gross premiums less all return premiums and premiums for reinsurance, on wet marine and foreign trade insurance contracts, the net losses paid, which are the gross losses paid less salvage and recoveries on reinsurance ceded, during the calendar year under those contracts. (2) In the case of insurers issuing participating contracts, the gross underwriting profit shall not include for computation of the tax prescribed by this section the amounts refunded or paid as participation dividends by the insurers to the holders of the contracts.

(1) The gross underwriting profit shall be ascertained by deducting from the net premiums, which are the gross premiums less all return premiums and premiums for reinsurance, on wet marine and foreign trade insurance contracts, the net losses paid, which are the gross losses paid less salvage and recoveries on reinsurance ceded, during the calendar year under those contracts.

(2) In the case of insurers issuing participating contracts, the gross underwriting profit shall not include for computation of the tax prescribed by this section the amounts refunded or paid as participation dividends by the insurers to the holders of the contracts.

(d) As used in this subchapter, "wet marine and foreign trade insurance" includes only: (1) Insurances upon vessels, crafts, hulls, and of interests therein, of, or with relations thereto; (2) Insurance of marine builder's risks, marine war risks, and contracts of marine protection and indemnity insurance; (3) Insurance of freights and disbursements pertaining to a subject of insurance coming within this definition; and (4) Insurance of personal property and interests therein, in course of exportation from or importation into any country, or in course of transportation, and while being prepared for and while awaiting shipment, and during any delays, storage, trans-shipment, or reshipment incident thereto.

(1) Insurances upon vessels, crafts, hulls, and of interests therein, of, or with relations thereto;

(2) Insurance of marine builder's risks, marine war risks, and contracts of marine protection and indemnity insurance;

(3) Insurance of freights and disbursements pertaining to a subject of insurance coming within this definition; and

(4) Insurance of personal property and interests therein, in course of exportation from or importation into any country, or in course of transportation, and while being prepared for and while awaiting shipment, and during any delays, storage, trans-shipment, or reshipment incident thereto.

Acts 1959, No. 148, § 69; 1979, No. 908, § 1; 1981, No. 595, § 1; A.S.A. 1947, § 66-2302; Acts 1987, No. 1033, § 1; 1989, No. 772, § 21.
Ark. Code Ann. § 26-52-520 — AR Code / Title 26 / Chapter 52 / Subchapter 5 / Section 26-52-520
Communication equipment for commercial trucks - Definition
Status: in_force

(a) As used in this section, "such property" means communication equipment or other property installed on commercial trucks or used by the owner to track the location of the truck and to send, receive, or process information to or from the truck. (b) It is the intent of the General Assembly that the State of Arkansas should not pursue collection of any claim now pending or the execution of any court order with respect to any such claim for the collection of sales or compensating use taxes upon such property. (c) No taxpayer shall have a claim against the State of Arkansas for any sales of compensating use tax previously paid to the State of Arkansas with respect to such property, except for taxes paid under protest on or after July 1, 1996. Acts 1997, No. 1359, § 31.

(a) As used in this section, "such property" means communication equipment or other property installed on commercial trucks or used by the owner to track the location of the truck and to send, receive, or process information to or from the truck.

(b) It is the intent of the General Assembly that the State of Arkansas should not pursue collection of any claim now pending or the execution of any court order with respect to any such claim for the collection of sales or compensating use taxes upon such property.

(c) No taxpayer shall have a claim against the State of Arkansas for any sales of compensating use tax previously paid to the State of Arkansas with respect to such property, except for taxes paid under protest on or after July 1, 1996.

Acts 1997, No. 1359, § 31.
Ark. Code Ann. § 26-52-105 — AR Code / Title 26 / Chapter 52 / Subchapter 1 / Section 26-52-105
Administration - Rules
Status: in_force

(a) The administration of this chapter is vested in and shall be exercised by the Secretary of the Department of Finance and Administration. (b) The secretary shall promulgate rules and prescribe forms for the proper enforcement of this chapter. Amended by Act 2019, No. 315,§ 2990, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3818, eff. 7/1/2019. Acts 1941, No. 386, § 15; 1979, No. 401, § 48; A.S.A. 1947, § 84-1916.

(a) The administration of this chapter is vested in and shall be exercised by the Secretary of the Department of Finance and Administration.

(b) The secretary shall promulgate rules and prescribe forms for the proper enforcement of this chapter.

Amended by Act 2019, No. 315,§ 2990, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3818, eff. 7/1/2019.

Acts 1941, No. 386, § 15; 1979, No. 401, § 48; A.S.A. 1947, § 84-1916.
Ark. Code Ann. § 26-75-612 — AR Code / Title 26 / Chapter 75 / Subchapter 6 / Section 26-75-612
Tax exemption for bonds
Status: in_force

(a) The principal of and interest on bonds issued under the authority of this subchapter shall be exempt from all state, county, and municipal taxes. (b) This exemption shall include income, inheritance, and estate taxes. Acts 1965, No. 185, § 6; 1969, No. 123, § 3; 1971, No. 188, § 1; A.S.A. 1947, § 19-4617.

(a) The principal of and interest on bonds issued under the authority of this subchapter shall be exempt from all state, county, and municipal taxes.

(b) This exemption shall include income, inheritance, and estate taxes.

Acts 1965, No. 185, § 6; 1969, No. 123, § 3; 1971, No. 188, § 1; A.S.A. 1947, § 19-4617.
Ark. Code Ann. § 26-52-903 — AR Code / Title 26 / Chapter 52 / Subchapter 9 / Section 26-52-903
Exemption from taxes
Status: in_force

Sales of natural gas and electricity to taxpayers qualified under § 26-52-902 for use in connection with the steel mill shall be exempt from: (1) The gross receipts tax levied by this chapter; (2) The Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.; and (3) Any other state or local tax administered under this chapter or the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq. Acts 1987, No. 48, § 4; 1987, No. 575, § 2.

Sales of natural gas and electricity to taxpayers qualified under § 26-52-902 for use in connection with the steel mill shall be exempt from:

(1) The gross receipts tax levied by this chapter;

(2) The Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.; and

(3) Any other state or local tax administered under this chapter or the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.

Acts 1987, No. 48, § 4; 1987, No. 575, § 2.
Ark. Code Ann. § 26-26-1504 — AR Code / Title 26 / Chapter 26 / Subchapter 15 / Section 26-26-1504
Real property
Status: in_force

(a) Financial institutions shall be subject to the ad valorem real property tax levied pursuant to the authority granted in the laws of this state, to the same extent as other owners of real property in this state. (b) The assessment of taxes upon the real property of national banking associations and state banks and trust companies shall be had and done in the manner provided by law for the assessment of all other real property by whomsoever owned. Acts 1943, No. 89, § 1; 1973, No. 182, § 6; A.S.A. 1947, §§ 84-505, 84-1937.

(a) Financial institutions shall be subject to the ad valorem real property tax levied pursuant to the authority granted in the laws of this state, to the same extent as other owners of real property in this state.

(b) The assessment of taxes upon the real property of national banking associations and state banks and trust companies shall be had and done in the manner provided by law for the assessment of all other real property by whomsoever owned.

Acts 1943, No. 89, § 1; 1973, No. 182, § 6; A.S.A. 1947, §§ 84-505, 84-1937.
Ark. Code Ann. § 26-58-303 — AR Code / Title 26 / Chapter 58 / Subchapter 3 / Section 26-58-303
Levy for benefit of Arkansas Museum of Natural Resources Bond Redemption Fund
Status: in_force

(a) (1) There is levied a fee of twenty (20) mills on each barrel of oil produced in this state. (2) The fee shall be reported and paid monthly to the Secretary of the Department of Finance and Administration by each producer of oil in such manner and upon such forms as the secretary shall prescribe. (b) (1) There is levied a fee of ten cents (10¢) per one thousand (1,000) barrels on all brine produced in this state for the purpose of bromine extraction. (2) The fee shall be reported and paid monthly to the secretary by each producer of brine and oil in such manner and upon such forms as the secretary shall prescribe. (c) (1) Funds collected by the secretary under this section are classified as cash fund receipts, and the full amount of the funds shall be deposited into one (1) or more accounts in one (1) or more banks in this state, to be designated by the Department of Finance and Administration, which account or accounts shall be designated the "Arkansas Museum of Natural Resources Bond Redemption Fund". (2) All funds in the fund shall be used exclusively for the payment of principal and interest on bonds issued by the Oil and Gas Commission or the Arkansas Pollution Control and Ecology Commission pursuant to the authority granted herein, and for paying agent's fees and other expenses of the issuance and sale of such bonds. (d) The fees levied by this section shall be in addition to any and all other fees levied on oil and brine produced in this state. Amended by Act 2019, No. 910,§ 4275, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4274, eff. 7/1/2019. Acts 1980 (1st Ex. Sess.), No. 71, §§ 2-5; A.S.A. 1947, §§ 84-2102.3 -- 84-2102.6; Acts 2009, No. 655, § 105.

(a) (1) There is levied a fee of twenty (20) mills on each barrel of oil produced in this state. (2) The fee shall be reported and paid monthly to the Secretary of the Department of Finance and Administration by each producer of oil in such manner and upon such forms as the secretary shall prescribe.

(1) There is levied a fee of twenty (20) mills on each barrel of oil produced in this state.

(2) The fee shall be reported and paid monthly to the Secretary of the Department of Finance and Administration by each producer of oil in such manner and upon such forms as the secretary shall prescribe.

(b) (1) There is levied a fee of ten cents (10¢) per one thousand (1,000) barrels on all brine produced in this state for the purpose of bromine extraction. (2) The fee shall be reported and paid monthly to the secretary by each producer of brine and oil in such manner and upon such forms as the secretary shall prescribe.

(1) There is levied a fee of ten cents (10¢) per one thousand (1,000) barrels on all brine produced in this state for the purpose of bromine extraction.

(2) The fee shall be reported and paid monthly to the secretary by each producer of brine and oil in such manner and upon such forms as the secretary shall prescribe.

(c) (1) Funds collected by the secretary under this section are classified as cash fund receipts, and the full amount of the funds shall be deposited into one (1) or more accounts in one (1) or more banks in this state, to be designated by the Department of Finance and Administration, which account or accounts shall be designated the "Arkansas Museum of Natural Resources Bond Redemption Fund". (2) All funds in the fund shall be used exclusively for the payment of principal and interest on bonds issued by the Oil and Gas Commission or the Arkansas Pollution Control and Ecology Commission pursuant to the authority granted herein, and for paying agent's fees and other expenses of the issuance and sale of such bonds.

(1) Funds collected by the secretary under this section are classified as cash fund receipts, and the full amount of the funds shall be deposited into one (1) or more accounts in one (1) or more banks in this state, to be designated by the Department of Finance and Administration, which account or accounts shall be designated the "Arkansas Museum of Natural Resources Bond Redemption Fund".

(2) All funds in the fund shall be used exclusively for the payment of principal and interest on bonds issued by the Oil and Gas Commission or the Arkansas Pollution Control and Ecology Commission pursuant to the authority granted herein, and for paying agent's fees and other expenses of the issuance and sale of such bonds.

(d) The fees levied by this section shall be in addition to any and all other fees levied on oil and brine produced in this state.

Amended by Act 2019, No. 910,§ 4275, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4274, eff. 7/1/2019.

Acts 1980 (1st Ex. Sess.), No. 71, §§ 2-5; A.S.A. 1947, §§ 84-2102.3 -- 84-2102.6; Acts 2009, No. 655, § 105.
Ark. Code Ann. § 26-36-307 — AR Code / Title 26 / Chapter 36 / Subchapter 3 / Section 26-36-307
Submission of claims - Information
Status: in_force

(a) All claimant agencies shall submit, for collection under the procedure established by this subchapter, all debts which they are owed, except in cases where the agencies are advised by the Attorney General not to submit a claim because the validity of the debt is legitimately in dispute, because an alternative means of collection is pending and believed to be adequate, or because such a collection attempt would result in a loss of federal funds. (b) As a condition precedent to setoff, all claimant agencies shall obtain the full name and Social Security number and submit this information to the Revenue Division of the Department of Finance and Administration and, whenever possible, also obtain and submit the address and any other identifying information required by rules promulgated by the division pursuant to the authority of § 26-36-320 for any person for which the claimant agencies provide any service or transact any business and who the claimant agencies can foresee may become a debtor under the terms of this subchapter. Acts 1983, No. 372, § 3; A.S.A. 1947, § 84-4903.

(a) All claimant agencies shall submit, for collection under the procedure established by this subchapter, all debts which they are owed, except in cases where the agencies are advised by the Attorney General not to submit a claim because the validity of the debt is legitimately in dispute, because an alternative means of collection is pending and believed to be adequate, or because such a collection attempt would result in a loss of federal funds.

(b) As a condition precedent to setoff, all claimant agencies shall obtain the full name and Social Security number and submit this information to the Revenue Division of the Department of Finance and Administration and, whenever possible, also obtain and submit the address and any other identifying information required by rules promulgated by the division pursuant to the authority of § 26-36-320 for any person for which the claimant agencies provide any service or transact any business and who the claimant agencies can foresee may become a debtor under the terms of this subchapter.

Acts 1983, No. 372, § 3; A.S.A. 1947, § 84-4903.
Ark. Code Ann. § 26-39-401 — AR Code / Title 26 / Chapter 39 / Subchapter 4 / Section 26-39-401
Penalty
Status: in_force

Any county clerk or other county officer designated pursuant to § 26-28-102(a) who fails to set up the settlement of the county collector setting forth the amount due the various funds on or before the fourth Monday of December of each year upon conviction is guilty of a violation punishable by a fine of one hundred dollars ($100) or removal from office. Acts 1935, No. 282, § 2; Pope's Dig., § 13904; Acts 1941, No. 64, § 1; 1981, No. 846, § 1; A.S.A. 1947, § 84-1410; Acts 2005, No. 1994, § 172; 2009, No. 721, § 3.

Any county clerk or other county officer designated pursuant to § 26-28-102(a) who fails to set up the settlement of the county collector setting forth the amount due the various funds on or before the fourth Monday of December of each year upon conviction is guilty of a violation punishable by a fine of one hundred dollars ($100) or removal from office.

Acts 1935, No. 282, § 2; Pope's Dig., § 13904; Acts 1941, No. 64, § 1; 1981, No. 846, § 1; A.S.A. 1947, § 84-1410; Acts 2005, No. 1994, § 172; 2009, No. 721, § 3.
Ark. Code Ann. § 26-26-1502 — AR Code / Title 26 / Chapter 26 / Subchapter 15 / Section 26-26-1502
Definitions
Status: in_force

As used in this subchapter, unless the context otherwise requires: (1) "Business corporation" means a corporation incorporated under the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq.; (2) "Financial institution" means a state bank or national bank, a savings and loan association, or a building and loan association as defined in subdivisions (3)-(5) of this section; (3) "National bank" means a bank chartered under the banking laws of the United States; (4) "Savings and loan association" or "building and loan association" means any financial institution or association established and operating under the authority of § 23-37-101 et seq., § 23-37-706 , or under any other appropriate state or federal law; and (5) "State bank" means a bank, trust company, or savings bank chartered under the banking laws of this state. Amended by Act 2013, No. 1144,§ 5, eff. 8/16/2013. Acts 1973, No. 182, § 2; A.S.A. 1947, § 84-2087.

As used in this subchapter, unless the context otherwise requires:

(1) "Business corporation" means a corporation incorporated under the Arkansas Business Corporation Act of 1987, § 4-27-101 et seq.;

(2) "Financial institution" means a state bank or national bank, a savings and loan association, or a building and loan association as defined in subdivisions (3)-(5) of this section;

(3) "National bank" means a bank chartered under the banking laws of the United States;

(4) "Savings and loan association" or "building and loan association" means any financial institution or association established and operating under the authority of § 23-37-101 et seq., § 23-37-706 , or under any other appropriate state or federal law; and

(5) "State bank" means a bank, trust company, or savings bank chartered under the banking laws of this state.

Amended by Act 2013, No. 1144,§ 5, eff. 8/16/2013.

Acts 1973, No. 182, § 2; A.S.A. 1947, § 84-2087.
Ark. Code Ann. § 26-39-217 — AR Code / Title 26 / Chapter 39 / Subchapter 2 / Section 26-39-217
Reexamination of settlement
Status: in_force

If good cause be shown for setting aside the settlement, the county court may reexamine, settle, and adjust it according to law and may remit any penalty that may have been imposed. Acts 1883, No. 114, § 200, p. 199; C. & M. Dig., § 10162; Pope's Dig., § 13944; A.S.A. 1947, § 84-1440.

If good cause be shown for setting aside the settlement, the county court may reexamine, settle, and adjust it according to law and may remit any penalty that may have been imposed.

Acts 1883, No. 114, § 200, p. 199; C. & M. Dig., § 10162; Pope's Dig., § 13944; A.S.A. 1947, § 84-1440.