Ark. Code Ann. § 26-51-806 — AR Code / Title 26 / Chapter 51 / Subchapter 8 / Section 26-51-806
Filing returns - Time and place - Forms - Definitions
Status: in_force

(a) (1) Returns shall be in the form the Secretary of the Department of Finance and Administration prescribes and shall be filed with the secretary's office at Little Rock. (2) Returns for all income taxes other than cooperative associations and exempt organizations shall be filed as follows: (A) If covering the preceding calendar year, on or before April 15; or (B) If covering a fiscal year, on or before the expiration of three and one-half (31/2) months after the closing date of the period covered. (3) (A) Returns for cooperative association income tax shall be filed as follows: (i) If covering the preceding calendar year, on or before September 15; or (ii) If covering a fiscal year, on or before the expiration of eight and one-half (81/2) months after the closing date of the period covered. (B) As used in this section, "cooperative association" means a cooperative association as described in 26 U.S.C. § 1381(a) as in effect on January 1, 2003. (4) (A) Returns for an exempt organization that is required to file an income tax return shall be filed as follows: (i) If covering the preceding calendar year, on or before May 15; or (ii) If covering a fiscal year, on or before the expiration of four and one-half (41/2) months after the closing date of the period covered. (B) As used in this section, "exempt organization" means an organization as described in § 26-51-303 . (b) (1) The secretary shall cause to be prepared blank forms for the returns and shall cause them to be furnished upon application, but failure to receive or secure the forms shall not relieve any taxpayer from the obligation of making any return required by the Income Tax Act of 1929, § 26-51-101 et seq. (2) As far as possible and practicable for filing returns for income tax, the secretary shall use the same form of blanks as is used by the United States down to the net income part of the form. (c) (1) In filing an income tax return in the State of Arkansas, a taxpayer shall not be required to execute any affidavit or other statement under oath, but shall make the following statement, which shall be annexed to the return: "I declare, under the penalties of perjury, that the foregoing statements are true to the best of my knowledge and belief and that all my ............... income is reported hereon." (Year) (2) The statement shall be signed by the taxpayer filing the return. (d) (1) Every corporation filing a return under the Income Tax Act of 1929, § 26-51-101 et seq., shall attach to the return a completed copy of its federal tax return for the same income year, including all schedules and attachments. (2) As used in this subsection, "corporation" means a Subchapter C corporation as defined in 26 U.S.C. § 1361(a) , in effect January 1, 1989. (e) (1) A tax practitioner that files a taxpayer's federal income tax return electronically shall also file the taxpayer's Arkansas income tax return electronically. (2) The secretary may waive the electronic filing requirement under subdivision (e)(1) of this section if the secretary determines that filing a taxpayer's Arkansas income tax return electronically would cause an undue hardship on the tax practitioner. Amended by Act 2021, No. 635,§ 1, eff. 4/12/2021. Amended by Act 2021, No. 143,§ 2, eff. 1/1/2021. Amended by Act 2019, No. 910,§ 3737, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3736, eff. 7/1/2019. Amended by Act 2017, No. 48,§ 2, eff. 1/26/2017. Amended by Act 2015, No. 896,§ 6, eff. for tax years beginning on or after January 1, 2016. Acts 1929, No. 118, Art. 4, § 22; 1929, No. 118, Art. 9, § 43; 1935, No. 23, § 1; 1937, No. 183, § 1; Pope's Dig., §§ 14045, 14066; Acts 1947, No. 158, § 1; 1979, No. 600, § 1; 1981, No. 403, § 1; A.S.A. 1947, §§ 84-2027, 84-2028, 84-2048; Acts 1989, No. 826, § 7; 2003, No. 774, § 2; 2007, No. 369, §§ 3, 4.

(a) (1) Returns shall be in the form the Secretary of the Department of Finance and Administration prescribes and shall be filed with the secretary's office at Little Rock. (2) Returns for all income taxes other than cooperative associations and exempt organizations shall be filed as follows: (A) If covering the preceding calendar year, on or before April 15; or (B) If covering a fiscal year, on or before the expiration of three and one-half (31/2) months after the closing date of the period covered. (3) (A) Returns for cooperative association income tax shall be filed as follows: (i) If covering the preceding calendar year, on or before September 15; or (ii) If covering a fiscal year, on or before the expiration of eight and one-half (81/2) months after the closing date of the period covered. (B) As used in this section, "cooperative association" means a cooperative association as described in 26 U.S.C. § 1381(a) as in effect on January 1, 2003. (4) (A) Returns for an exempt organization that is required to file an income tax return shall be filed as follows: (i) If covering the preceding calendar year, on or before May 15; or (ii) If covering a fiscal year, on or before the expiration of four and one-half (41/2) months after the closing date of the period covered. (B) As used in this section, "exempt organization" means an organization as described in § 26-51-303 .

(1) Returns shall be in the form the Secretary of the Department of Finance and Administration prescribes and shall be filed with the secretary's office at Little Rock.

(2) Returns for all income taxes other than cooperative associations and exempt organizations shall be filed as follows: (A) If covering the preceding calendar year, on or before April 15; or (B) If covering a fiscal year, on or before the expiration of three and one-half (31/2) months after the closing date of the period covered.

(A) If covering the preceding calendar year, on or before April 15; or

(B) If covering a fiscal year, on or before the expiration of three and one-half (31/2) months after the closing date of the period covered.

(3) (A) Returns for cooperative association income tax shall be filed as follows: (i) If covering the preceding calendar year, on or before September 15; or (ii) If covering a fiscal year, on or before the expiration of eight and one-half (81/2) months after the closing date of the period covered. (B) As used in this section, "cooperative association" means a cooperative association as described in 26 U.S.C. § 1381(a) as in effect on January 1, 2003.

(A) Returns for cooperative association income tax shall be filed as follows: (i) If covering the preceding calendar year, on or before September 15; or (ii) If covering a fiscal year, on or before the expiration of eight and one-half (81/2) months after the closing date of the period covered.

(i) If covering the preceding calendar year, on or before September 15; or

(ii) If covering a fiscal year, on or before the expiration of eight and one-half (81/2) months after the closing date of the period covered.

(B) As used in this section, "cooperative association" means a cooperative association as described in 26 U.S.C. § 1381(a) as in effect on January 1, 2003.

(4) (A) Returns for an exempt organization that is required to file an income tax return shall be filed as follows: (i) If covering the preceding calendar year, on or before May 15; or (ii) If covering a fiscal year, on or before the expiration of four and one-half (41/2) months after the closing date of the period covered. (B) As used in this section, "exempt organization" means an organization as described in § 26-51-303 .

(A) Returns for an exempt organization that is required to file an income tax return shall be filed as follows: (i) If covering the preceding calendar year, on or before May 15; or (ii) If covering a fiscal year, on or before the expiration of four and one-half (41/2) months after the closing date of the period covered.

(i) If covering the preceding calendar year, on or before May 15; or

(ii) If covering a fiscal year, on or before the expiration of four and one-half (41/2) months after the closing date of the period covered.

(B) As used in this section, "exempt organization" means an organization as described in § 26-51-303 .

(b) (1) The secretary shall cause to be prepared blank forms for the returns and shall cause them to be furnished upon application, but failure to receive or secure the forms shall not relieve any taxpayer from the obligation of making any return required by the Income Tax Act of 1929, § 26-51-101 et seq. (2) As far as possible and practicable for filing returns for income tax, the secretary shall use the same form of blanks as is used by the United States down to the net income part of the form.

(1) The secretary shall cause to be prepared blank forms for the returns and shall cause them to be furnished upon application, but failure to receive or secure the forms shall not relieve any taxpayer from the obligation of making any return required by the Income Tax Act of 1929, § 26-51-101 et seq.

(2) As far as possible and practicable for filing returns for income tax, the secretary shall use the same form of blanks as is used by the United States down to the net income part of the form.

(c) (1) In filing an income tax return in the State of Arkansas, a taxpayer shall not be required to execute any affidavit or other statement under oath, but shall make the following statement, which shall be annexed to the return: "I declare, under the penalties of perjury, that the foregoing statements are true to the best of my knowledge and belief and that all my ............... income is reported hereon." (Year) (2) The statement shall be signed by the taxpayer filing the return.

(1) In filing an income tax return in the State of Arkansas, a taxpayer shall not be required to execute any affidavit or other statement under oath, but shall make the following statement, which shall be annexed to the return: "I declare, under the penalties of perjury, that the foregoing statements are true to the best of my knowledge and belief and that all my ............... income is reported hereon." (Year)

"I declare, under the penalties of perjury, that the foregoing statements are true to the best of my knowledge and belief and that all my ............... income is reported hereon." (Year)

(2) The statement shall be signed by the taxpayer filing the return.

(d) (1) Every corporation filing a return under the Income Tax Act of 1929, § 26-51-101 et seq., shall attach to the return a completed copy of its federal tax return for the same income year, including all schedules and attachments. (2) As used in this subsection, "corporation" means a Subchapter C corporation as defined in 26 U.S.C. § 1361(a) , in effect January 1, 1989.

(1) Every corporation filing a return under the Income Tax Act of 1929, § 26-51-101 et seq., shall attach to the return a completed copy of its federal tax return for the same income year, including all schedules and attachments.

(2) As used in this subsection, "corporation" means a Subchapter C corporation as defined in 26 U.S.C. § 1361(a) , in effect January 1, 1989.

(e) (1) A tax practitioner that files a taxpayer's federal income tax return electronically shall also file the taxpayer's Arkansas income tax return electronically. (2) The secretary may waive the electronic filing requirement under subdivision (e)(1) of this section if the secretary determines that filing a taxpayer's Arkansas income tax return electronically would cause an undue hardship on the tax practitioner.

(1) A tax practitioner that files a taxpayer's federal income tax return electronically shall also file the taxpayer's Arkansas income tax return electronically.

(2) The secretary may waive the electronic filing requirement under subdivision (e)(1) of this section if the secretary determines that filing a taxpayer's Arkansas income tax return electronically would cause an undue hardship on the tax practitioner.

Amended by Act 2021, No. 635,§ 1, eff. 4/12/2021.

Amended by Act 2021, No. 143,§ 2, eff. 1/1/2021.

Amended by Act 2019, No. 910,§ 3737, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3736, eff. 7/1/2019.

Amended by Act 2017, No. 48,§ 2, eff. 1/26/2017.

Amended by Act 2015, No. 896,§ 6, eff. for tax years beginning on or after January 1, 2016.

Acts 1929, No. 118, Art. 4, § 22; 1929, No. 118, Art. 9, § 43; 1935, No. 23, § 1; 1937, No. 183, § 1; Pope's Dig., §§ 14045, 14066; Acts 1947, No. 158, § 1; 1979, No. 600, § 1; 1981, No. 403, § 1; A.S.A. 1947, §§ 84-2027, 84-2028, 84-2048; Acts 1989, No. 826, § 7; 2003, No. 774, § 2; 2007, No. 369, §§ 3, 4.
Ark. Code Ann. § 26-51-440 — AR Code / Title 26 / Chapter 51 / Subchapter 4 / Section 26-51-440
Federal Subchapter M adopted - Definition
Status: in_force

(a) (1) Subchapter M of the Internal Revenue Code, 26 U.S.C. § 851 et seq., as in effect on January 1, 2019, relating to regulated investment companies, real estate investment trusts, real estate mortgage investment conduits, and financial asset securitization investment trusts, is adopted for the purpose of computing Arkansas income tax liability and shall govern all corporations that are registered as investment companies under the Investment Company Act of 1940, 15 U.S.C. § 80a-1 et seq., as in effect on January 1, 2019. (2) (A) However, those provisions of Subchapter M of the Internal Revenue Code, 26 U.S.C. § 851 et seq., addressing the tax rates applied to financial asset securitization investment trust income are not adopted. (B) Any financial asset securitization investment trust income subject to Arkansas income tax shall be taxed at the rates set forth in § 26-51-205 . (b) As used in this section: (1) (A) "Captive real estate investment trust" means a real estate investment trust the shares or beneficial interests of which are not regularly traded on an established securities market and more than fifty percent (50%) of the voting power or value of the beneficial interests or shares of which are owned or controlled, directly, indirectly, or constructively by a single entity that is: (i) Treated as an association taxable as a corporation under the Internal Revenue Code, 26 U.S.C. § 1 et seq., as in effect on January 1, 2009; and (ii) Not exempt from federal income tax under 26 U.S.C. § 501(a) , as in effect on January 1, 2009. (B) "Captive real estate investment trust" does not include a real estate investment trust that is intended to be regularly traded on an established securities market and that satisfies the requirements of 26 U.S.C. § 856(a)(5) and (6) , as in effect on January 1, 2009, by reason of 26 U.S.C. § 856(h)(2) , as in effect on January 1, 2009; and (2) "Real estate investment trust" means the same as defined in 26 U.S.C. § 856 , as in effect on January 1, 2009. (c) For purposes of applying subdivision (b)(1)(A)(i) of this section, the following entities are not considered an association taxable as a corporation under the Internal Revenue Code, 26 U.S.C. § 1 et seq.: (1) A real estate investment trust other than a captive real estate investment trust; (2) A qualified real estate investment trust subsidiary under 26 U.S.C. § 856(i) , as in effect on January 1, 2009, other than a qualified real estate investment trust subsidiary of a captive real estate investment trust; (3) A listed Australian Property Trust, meaning an Australian unit trust registered as a Managed Investment Scheme under the Australian Corporations Act 2001 in which the principal class of units is listed on a recognized stock exchange in Australia and is regularly traded on an established securities market, or an entity organized as a trust, provided that a listed Australian Property Trust owns or controls, directly or indirectly, seventy-five percent (75%) or more of the voting power or value of the beneficial interests or shares of such trust; or (4) A qualified Foreign Entity, meaning a corporation, trust, association, or partnership organized outside the laws of the United States and which satisfies the following criteria: (A) At least seventy-five percent (75%) of the entity's total asset value at the close of its taxable year is represented by real estate assets, as defined in 26 U.S.C. § 856(c)(5)(B) , as in effect on January 1, 2009, including shares or certificates of beneficial interest in any real estate investment trust, cash and cash equivalents, and United States Government securities; (B) The entity is not subject to tax on amounts distributed to its beneficial owners or is exempt from entity-level taxation; (C) The entity distributes at least eighty-five percent (85%) of its taxable income, as computed in the jurisdiction in which it is organized, to the holders of its shares or certificates of beneficial interest on an annual basis; (D) More than ten percent (10%) of the voting power or value in the entity is not held directly, indirectly, or constructively by a single entity or individual, or the shares or beneficial interests of the entity are regularly traded on an established securities market; and (E) The entity is organized in a country that has a tax treaty with the United States. (d) The dividends-paid deduction otherwise allowed by federal law in computing net income of a real estate investment trust that is subject to federal income tax shall be added back in computing the tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., if the real estate investment trust is a captive real estate investment trust. (e) (1) A real estate investment trust that does not become regularly traded on an established securities market within one (1) year of the date on which it first became a real estate investment trust shall not be considered to have been regularly traded on an established securities market, retroactive to the date it first became a real estate investment trust, and the owner of the real estate investment trust shall file an amended return reflecting the retroactive designation for any tax year or part year occurring during its initial year of status as a real estate investment trust. (2) Under this section, a real estate investment trust becomes a real estate investment trust on the first day that it has: (A) Met the requirements of 26 U.S.C § 856 as in effect on January 1, 2009; and (B) Elected to be treated as a real estate investment trust under 26 U.S.C. § 856(c)(1) , as in effect on January 1, 2009, by the owner of the real estate investment trust. (f) Under this section, the constructive ownership rules of 26 U.S.C. § 318(a) , as in effect on January 1, 2009, as modified by 26 U.S.C. § 856(d)(5) , as in effect on January 1, 2009, shall apply in determining the ownership of stock, assets, or net profits of a person. (g) An election made for federal income tax purposes under Subchapter M of the Internal Revenue Code, 26 U.S.C. § 851 et seq., as in effect on January 1, 2009, shall be deemed made for state income tax purposes. (h) This section shall take effect and be enforced for tax years beginning on or after January 1, 2009. Amended by Act 2019, No. 870,§ 12, eff. for tax years beginning on or after 1/1/2019. Amended by Act 2017, No. 155,§ 23, eff. for tax years beginning on and after 1/1/2015. Amended by Act 2015, No. 580,§ 20, eff. for tax years beginning on or after January 1, 2014. Amended by Act 2013, No. 1254,§ 11, eff. 8/16/2013, op. retroactively to tax years beginning on or after 1/1/2012. Acts 1989, No. 583, § 5; 1995, No. 1160, § 13; 1997, No. 951, § 24; 1999, No. 1126, § 36; 2001, No. 773, § 10; 2007, No. 218, § 31; 2007, No. 827, § 217; 2009, No. 372, § 22; 2011, No. 787, § 29.

(a) (1) Subchapter M of the Internal Revenue Code, 26 U.S.C. § 851 et seq., as in effect on January 1, 2019, relating to regulated investment companies, real estate investment trusts, real estate mortgage investment conduits, and financial asset securitization investment trusts, is adopted for the purpose of computing Arkansas income tax liability and shall govern all corporations that are registered as investment companies under the Investment Company Act of 1940, 15 U.S.C. § 80a-1 et seq., as in effect on January 1, 2019. (2) (A) However, those provisions of Subchapter M of the Internal Revenue Code, 26 U.S.C. § 851 et seq., addressing the tax rates applied to financial asset securitization investment trust income are not adopted. (B) Any financial asset securitization investment trust income subject to Arkansas income tax shall be taxed at the rates set forth in § 26-51-205 .

(1) Subchapter M of the Internal Revenue Code, 26 U.S.C. § 851 et seq., as in effect on January 1, 2019, relating to regulated investment companies, real estate investment trusts, real estate mortgage investment conduits, and financial asset securitization investment trusts, is adopted for the purpose of computing Arkansas income tax liability and shall govern all corporations that are registered as investment companies under the Investment Company Act of 1940, 15 U.S.C. § 80a-1 et seq., as in effect on January 1, 2019.

(2) (A) However, those provisions of Subchapter M of the Internal Revenue Code, 26 U.S.C. § 851 et seq., addressing the tax rates applied to financial asset securitization investment trust income are not adopted. (B) Any financial asset securitization investment trust income subject to Arkansas income tax shall be taxed at the rates set forth in § 26-51-205 .

(A) However, those provisions of Subchapter M of the Internal Revenue Code, 26 U.S.C. § 851 et seq., addressing the tax rates applied to financial asset securitization investment trust income are not adopted.

(B) Any financial asset securitization investment trust income subject to Arkansas income tax shall be taxed at the rates set forth in § 26-51-205 .

(b) As used in this section: (1) (A) "Captive real estate investment trust" means a real estate investment trust the shares or beneficial interests of which are not regularly traded on an established securities market and more than fifty percent (50%) of the voting power or value of the beneficial interests or shares of which are owned or controlled, directly, indirectly, or constructively by a single entity that is: (i) Treated as an association taxable as a corporation under the Internal Revenue Code, 26 U.S.C. § 1 et seq., as in effect on January 1, 2009; and (ii) Not exempt from federal income tax under 26 U.S.C. § 501(a) , as in effect on January 1, 2009. (B) "Captive real estate investment trust" does not include a real estate investment trust that is intended to be regularly traded on an established securities market and that satisfies the requirements of 26 U.S.C. § 856(a)(5) and (6) , as in effect on January 1, 2009, by reason of 26 U.S.C. § 856(h)(2) , as in effect on January 1, 2009; and (2) "Real estate investment trust" means the same as defined in 26 U.S.C. § 856 , as in effect on January 1, 2009.

(1) (A) "Captive real estate investment trust" means a real estate investment trust the shares or beneficial interests of which are not regularly traded on an established securities market and more than fifty percent (50%) of the voting power or value of the beneficial interests or shares of which are owned or controlled, directly, indirectly, or constructively by a single entity that is: (i) Treated as an association taxable as a corporation under the Internal Revenue Code, 26 U.S.C. § 1 et seq., as in effect on January 1, 2009; and (ii) Not exempt from federal income tax under 26 U.S.C. § 501(a) , as in effect on January 1, 2009. (B) "Captive real estate investment trust" does not include a real estate investment trust that is intended to be regularly traded on an established securities market and that satisfies the requirements of 26 U.S.C. § 856(a)(5) and (6) , as in effect on January 1, 2009, by reason of 26 U.S.C. § 856(h)(2) , as in effect on January 1, 2009; and

(A) "Captive real estate investment trust" means a real estate investment trust the shares or beneficial interests of which are not regularly traded on an established securities market and more than fifty percent (50%) of the voting power or value of the beneficial interests or shares of which are owned or controlled, directly, indirectly, or constructively by a single entity that is: (i) Treated as an association taxable as a corporation under the Internal Revenue Code, 26 U.S.C. § 1 et seq., as in effect on January 1, 2009; and (ii) Not exempt from federal income tax under 26 U.S.C. § 501(a) , as in effect on January 1, 2009.

(i) Treated as an association taxable as a corporation under the Internal Revenue Code, 26 U.S.C. § 1 et seq., as in effect on January 1, 2009; and

(ii) Not exempt from federal income tax under 26 U.S.C. § 501(a) , as in effect on January 1, 2009.

(B) "Captive real estate investment trust" does not include a real estate investment trust that is intended to be regularly traded on an established securities market and that satisfies the requirements of 26 U.S.C. § 856(a)(5) and (6) , as in effect on January 1, 2009, by reason of 26 U.S.C. § 856(h)(2) , as in effect on January 1, 2009; and

(2) "Real estate investment trust" means the same as defined in 26 U.S.C. § 856 , as in effect on January 1, 2009.

(c) For purposes of applying subdivision (b)(1)(A)(i) of this section, the following entities are not considered an association taxable as a corporation under the Internal Revenue Code, 26 U.S.C. § 1 et seq.: (1) A real estate investment trust other than a captive real estate investment trust; (2) A qualified real estate investment trust subsidiary under 26 U.S.C. § 856(i) , as in effect on January 1, 2009, other than a qualified real estate investment trust subsidiary of a captive real estate investment trust; (3) A listed Australian Property Trust, meaning an Australian unit trust registered as a Managed Investment Scheme under the Australian Corporations Act 2001 in which the principal class of units is listed on a recognized stock exchange in Australia and is regularly traded on an established securities market, or an entity organized as a trust, provided that a listed Australian Property Trust owns or controls, directly or indirectly, seventy-five percent (75%) or more of the voting power or value of the beneficial interests or shares of such trust; or (4) A qualified Foreign Entity, meaning a corporation, trust, association, or partnership organized outside the laws of the United States and which satisfies the following criteria: (A) At least seventy-five percent (75%) of the entity's total asset value at the close of its taxable year is represented by real estate assets, as defined in 26 U.S.C. § 856(c)(5)(B) , as in effect on January 1, 2009, including shares or certificates of beneficial interest in any real estate investment trust, cash and cash equivalents, and United States Government securities; (B) The entity is not subject to tax on amounts distributed to its beneficial owners or is exempt from entity-level taxation; (C) The entity distributes at least eighty-five percent (85%) of its taxable income, as computed in the jurisdiction in which it is organized, to the holders of its shares or certificates of beneficial interest on an annual basis; (D) More than ten percent (10%) of the voting power or value in the entity is not held directly, indirectly, or constructively by a single entity or individual, or the shares or beneficial interests of the entity are regularly traded on an established securities market; and (E) The entity is organized in a country that has a tax treaty with the United States.

(1) A real estate investment trust other than a captive real estate investment trust;

(2) A qualified real estate investment trust subsidiary under 26 U.S.C. § 856(i) , as in effect on January 1, 2009, other than a qualified real estate investment trust subsidiary of a captive real estate investment trust;

(3) A listed Australian Property Trust, meaning an Australian unit trust registered as a Managed Investment Scheme under the Australian Corporations Act 2001 in which the principal class of units is listed on a recognized stock exchange in Australia and is regularly traded on an established securities market, or an entity organized as a trust, provided that a listed Australian Property Trust owns or controls, directly or indirectly, seventy-five percent (75%) or more of the voting power or value of the beneficial interests or shares of such trust; or

(4) A qualified Foreign Entity, meaning a corporation, trust, association, or partnership organized outside the laws of the United States and which satisfies the following criteria: (A) At least seventy-five percent (75%) of the entity's total asset value at the close of its taxable year is represented by real estate assets, as defined in 26 U.S.C. § 856(c)(5)(B) , as in effect on January 1, 2009, including shares or certificates of beneficial interest in any real estate investment trust, cash and cash equivalents, and United States Government securities; (B) The entity is not subject to tax on amounts distributed to its beneficial owners or is exempt from entity-level taxation; (C) The entity distributes at least eighty-five percent (85%) of its taxable income, as computed in the jurisdiction in which it is organized, to the holders of its shares or certificates of beneficial interest on an annual basis; (D) More than ten percent (10%) of the voting power or value in the entity is not held directly, indirectly, or constructively by a single entity or individual, or the shares or beneficial interests of the entity are regularly traded on an established securities market; and (E) The entity is organized in a country that has a tax treaty with the United States.

(A) At least seventy-five percent (75%) of the entity's total asset value at the close of its taxable year is represented by real estate assets, as defined in 26 U.S.C. § 856(c)(5)(B) , as in effect on January 1, 2009, including shares or certificates of beneficial interest in any real estate investment trust, cash and cash equivalents, and United States Government securities;

(B) The entity is not subject to tax on amounts distributed to its beneficial owners or is exempt from entity-level taxation;

(C) The entity distributes at least eighty-five percent (85%) of its taxable income, as computed in the jurisdiction in which it is organized, to the holders of its shares or certificates of beneficial interest on an annual basis;

(D) More than ten percent (10%) of the voting power or value in the entity is not held directly, indirectly, or constructively by a single entity or individual, or the shares or beneficial interests of the entity are regularly traded on an established securities market; and

(E) The entity is organized in a country that has a tax treaty with the United States.

(d) The dividends-paid deduction otherwise allowed by federal law in computing net income of a real estate investment trust that is subject to federal income tax shall be added back in computing the tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., if the real estate investment trust is a captive real estate investment trust.

(e) (1) A real estate investment trust that does not become regularly traded on an established securities market within one (1) year of the date on which it first became a real estate investment trust shall not be considered to have been regularly traded on an established securities market, retroactive to the date it first became a real estate investment trust, and the owner of the real estate investment trust shall file an amended return reflecting the retroactive designation for any tax year or part year occurring during its initial year of status as a real estate investment trust. (2) Under this section, a real estate investment trust becomes a real estate investment trust on the first day that it has: (A) Met the requirements of 26 U.S.C § 856 as in effect on January 1, 2009; and (B) Elected to be treated as a real estate investment trust under 26 U.S.C. § 856(c)(1) , as in effect on January 1, 2009, by the owner of the real estate investment trust.

(1) A real estate investment trust that does not become regularly traded on an established securities market within one (1) year of the date on which it first became a real estate investment trust shall not be considered to have been regularly traded on an established securities market, retroactive to the date it first became a real estate investment trust, and the owner of the real estate investment trust shall file an amended return reflecting the retroactive designation for any tax year or part year occurring during its initial year of status as a real estate investment trust.

(2) Under this section, a real estate investment trust becomes a real estate investment trust on the first day that it has: (A) Met the requirements of 26 U.S.C § 856 as in effect on January 1, 2009; and (B) Elected to be treated as a real estate investment trust under 26 U.S.C. § 856(c)(1) , as in effect on January 1, 2009, by the owner of the real estate investment trust.

(A) Met the requirements of 26 U.S.C § 856 as in effect on January 1, 2009; and

(B) Elected to be treated as a real estate investment trust under 26 U.S.C. § 856(c)(1) , as in effect on January 1, 2009, by the owner of the real estate investment trust.

(f) Under this section, the constructive ownership rules of 26 U.S.C. § 318(a) , as in effect on January 1, 2009, as modified by 26 U.S.C. § 856(d)(5) , as in effect on January 1, 2009, shall apply in determining the ownership of stock, assets, or net profits of a person.

(g) An election made for federal income tax purposes under Subchapter M of the Internal Revenue Code, 26 U.S.C. § 851 et seq., as in effect on January 1, 2009, shall be deemed made for state income tax purposes.

(h) This section shall take effect and be enforced for tax years beginning on or after January 1, 2009.

Amended by Act 2019, No. 870,§ 12, eff. for tax years beginning on or after 1/1/2019.

Amended by Act 2017, No. 155,§ 23, eff. for tax years beginning on and after 1/1/2015.

Amended by Act 2015, No. 580,§ 20, eff. for tax years beginning on or after January 1, 2014.

Amended by Act 2013, No. 1254,§ 11, eff. 8/16/2013, op. retroactively to tax years beginning on or after 1/1/2012.

Acts 1989, No. 583, § 5; 1995, No. 1160, § 13; 1997, No. 951, § 24; 1999, No. 1126, § 36; 2001, No. 773, § 10; 2007, No. 218, § 31; 2007, No. 827, § 217; 2009, No. 372, § 22; 2011, No. 787, § 29.
Ark. Code Ann. § 26-28-102 — AR Code / Title 26 / Chapter 28 / Subchapter 1 / Section 26-28-102
Electronic data processing equipment
Status: in_force

(a) (1) If a county by appropriate action elects to acquire, lease, rent, or otherwise provide for the use of electronic data processing equipment, commonly referred to as a computer, to keep the assessment records, to prepare the tax books, to prepare the tax settlements, and to prepare the county collector's records and receipts for property taxes, the county quorum court by ordinance may designate one (1) or more appropriate county officers to be responsible for the maintenance and operation of the computer, the keeping of the assessment records, the preparation of the tax books, the preparation of the county collector's records and receipts for property taxes, and the preparation of the tax settlements. (2) (A) If any county officer other than the county clerk is designated to prepare the tax books or tax settlements, that county officer shall be reimbursed in the manner provided by law. (B) If the county assessor is designated as the county officer to keep the assessment records, prepare the tax books, and prepare the county collector's receipts by use of electronic data processing equipment, the cost shall be prorated among the respective taxing units in the same manner as is provided by law for defraying the cost of operating the county assessor's office. (b) When any county acquires, leases, rents, or otherwise provides for the use of electronic data processing equipment for the purposes prescribed in subsection (a) of this section, the county quorum court may, by ordinance, authorize the use of the equipment for any other appropriate county purposes and may provide for prorating the costs thereof among the various county offices. Acts 1975, No. 522, § 1; 1979, No. 122, § 1; A.S.A. 1947, § 84-801.1; Acts 2009, No. 721, § 1.

(a) (1) If a county by appropriate action elects to acquire, lease, rent, or otherwise provide for the use of electronic data processing equipment, commonly referred to as a computer, to keep the assessment records, to prepare the tax books, to prepare the tax settlements, and to prepare the county collector's records and receipts for property taxes, the county quorum court by ordinance may designate one (1) or more appropriate county officers to be responsible for the maintenance and operation of the computer, the keeping of the assessment records, the preparation of the tax books, the preparation of the county collector's records and receipts for property taxes, and the preparation of the tax settlements. (2) (A) If any county officer other than the county clerk is designated to prepare the tax books or tax settlements, that county officer shall be reimbursed in the manner provided by law. (B) If the county assessor is designated as the county officer to keep the assessment records, prepare the tax books, and prepare the county collector's receipts by use of electronic data processing equipment, the cost shall be prorated among the respective taxing units in the same manner as is provided by law for defraying the cost of operating the county assessor's office.

(1) If a county by appropriate action elects to acquire, lease, rent, or otherwise provide for the use of electronic data processing equipment, commonly referred to as a computer, to keep the assessment records, to prepare the tax books, to prepare the tax settlements, and to prepare the county collector's records and receipts for property taxes, the county quorum court by ordinance may designate one (1) or more appropriate county officers to be responsible for the maintenance and operation of the computer, the keeping of the assessment records, the preparation of the tax books, the preparation of the county collector's records and receipts for property taxes, and the preparation of the tax settlements.

(2) (A) If any county officer other than the county clerk is designated to prepare the tax books or tax settlements, that county officer shall be reimbursed in the manner provided by law. (B) If the county assessor is designated as the county officer to keep the assessment records, prepare the tax books, and prepare the county collector's receipts by use of electronic data processing equipment, the cost shall be prorated among the respective taxing units in the same manner as is provided by law for defraying the cost of operating the county assessor's office.

(A) If any county officer other than the county clerk is designated to prepare the tax books or tax settlements, that county officer shall be reimbursed in the manner provided by law.

(B) If the county assessor is designated as the county officer to keep the assessment records, prepare the tax books, and prepare the county collector's receipts by use of electronic data processing equipment, the cost shall be prorated among the respective taxing units in the same manner as is provided by law for defraying the cost of operating the county assessor's office.

(b) When any county acquires, leases, rents, or otherwise provides for the use of electronic data processing equipment for the purposes prescribed in subsection (a) of this section, the county quorum court may, by ordinance, authorize the use of the equipment for any other appropriate county purposes and may provide for prorating the costs thereof among the various county offices.

Acts 1975, No. 522, § 1; 1979, No. 122, § 1; A.S.A. 1947, § 84-801.1; Acts 2009, No. 721, § 1.
Ark. Code Ann. § 26-26-1406 — AR Code / Title 26 / Chapter 26 / Subchapter 14 / Section 26-26-1406
Penalties
Status: in_force

(a) A penalty of ten percent (10%) of the taxpayer's total tangible personal property taxes shall be imposed on any taxpayer who fails or refuses to assess his or her tangible personal property on or before May 31 of each year. (b) A penalty of ten percent (10%) of the taxpayer's total tangible personal property taxes shall be assessed if the taxpayer fails or refuses to pay tangible personal property taxes on or before October 15 next following the assessment of the tangible personal property for taxes. Acts 1981, No. 927, § 5; A.S.A. 1947, § 84-494.4; Acts 2011, No. 175, § 8.

(a) A penalty of ten percent (10%) of the taxpayer's total tangible personal property taxes shall be imposed on any taxpayer who fails or refuses to assess his or her tangible personal property on or before May 31 of each year.

(b) A penalty of ten percent (10%) of the taxpayer's total tangible personal property taxes shall be assessed if the taxpayer fails or refuses to pay tangible personal property taxes on or before October 15 next following the assessment of the tangible personal property for taxes.

Acts 1981, No. 927, § 5; A.S.A. 1947, § 84-494.4; Acts 2011, No. 175, § 8.
Ark. Code Ann. § 26-28-113 — AR Code / Title 26 / Chapter 28 / Subchapter 1 / Section 26-28-113
Deposit of books in proper district
Status: in_force

After the completion of the collection of taxes for each year and the settlement of the county collector with the county court, it shall be the duty of the county clerk to keep the tax books deposited in the office of the district to which they belong. Acts 1907, No. 190, § 5, p. 446; C. & M. Dig., §§ 2043, 8359; Pope's Dig., §§ 2590, 10955; A.S.A. 1947, § 84-813.

After the completion of the collection of taxes for each year and the settlement of the county collector with the county court, it shall be the duty of the county clerk to keep the tax books deposited in the office of the district to which they belong.

Acts 1907, No. 190, § 5, p. 446; C. & M. Dig., §§ 2043, 8359; Pope's Dig., §§ 2590, 10955; A.S.A. 1947, § 84-813.
Ark. Code Ann. § 26-51-1401 — AR Code / Title 26 / Chapter 51 / Subchapter 14 / Section 26-51-1401
Apportionment and allocation
Status: in_force

(a) Except as otherwise specifically provided, a financial institution whose business activity is taxable both within and without this state shall allocate and apportion its net income as provided in this subchapter. All items of nonbusiness income, income that is not includable in the apportionable income tax base, shall be allocated under §§ 26-51-704 - 26-51-708 . A financial institution organized under the laws of a foreign country, the Commonwealth of Puerto Rico, or a territory or possession of the United States whose effectively connected income, as defined under the Internal Revenue Code, 26 U.S.C. § 1 et seq., as in effect January 1, 1995, is taxable both within this state and within another state, other than the state in which it is organized, shall allocate and apportion its net income as provided in this subchapter. (b) All business income, income which is includable in the apportionable income tax base, shall be apportioned to this state by multiplying such income by the taxpayer's receipts factor as described in § 26-51-1403 . (c) The taxpayer's receipts factor shall be computed according to the method of accounting, cash or accrual basis, used by the taxpayer for the taxable year. (d) If the allocation and apportionment provisions of this subchapter do not fairly represent the extent of the taxpayer's business activity in this state, the taxpayer may petition for, or the Secretary of the Department of Finance and Administration may require, in respect to all or any part of the taxpayer's business activity, if reasonable: (1) Separate accounting; (2) The inclusion of one (1) or more additional factors which will fairly represent the taxpayer's business activity in this state; or (3) The employment of any other method to effectuate an equitable allocation and apportionment of the taxpayer's income. Amended by Act 2019, No. 822,§ 10, eff. 1/1/2021. Amended by Act 2019, No. 910,§ 3783, eff. 7/1/2019. Acts 1995, No. 495, § 1.

(a) Except as otherwise specifically provided, a financial institution whose business activity is taxable both within and without this state shall allocate and apportion its net income as provided in this subchapter. All items of nonbusiness income, income that is not includable in the apportionable income tax base, shall be allocated under §§ 26-51-704 - 26-51-708 . A financial institution organized under the laws of a foreign country, the Commonwealth of Puerto Rico, or a territory or possession of the United States whose effectively connected income, as defined under the Internal Revenue Code, 26 U.S.C. § 1 et seq., as in effect January 1, 1995, is taxable both within this state and within another state, other than the state in which it is organized, shall allocate and apportion its net income as provided in this subchapter.

(b) All business income, income which is includable in the apportionable income tax base, shall be apportioned to this state by multiplying such income by the taxpayer's receipts factor as described in § 26-51-1403 .

(c) The taxpayer's receipts factor shall be computed according to the method of accounting, cash or accrual basis, used by the taxpayer for the taxable year.

(d) If the allocation and apportionment provisions of this subchapter do not fairly represent the extent of the taxpayer's business activity in this state, the taxpayer may petition for, or the Secretary of the Department of Finance and Administration may require, in respect to all or any part of the taxpayer's business activity, if reasonable: (1) Separate accounting; (2) The inclusion of one (1) or more additional factors which will fairly represent the taxpayer's business activity in this state; or (3) The employment of any other method to effectuate an equitable allocation and apportionment of the taxpayer's income.

(1) Separate accounting;

(2) The inclusion of one (1) or more additional factors which will fairly represent the taxpayer's business activity in this state; or

(3) The employment of any other method to effectuate an equitable allocation and apportionment of the taxpayer's income.

Amended by Act 2019, No. 822,§ 10, eff. 1/1/2021.

Amended by Act 2019, No. 910,§ 3783, eff. 7/1/2019.

Acts 1995, No. 495, § 1.
Ark. Code Ann. § 26-51-808 — AR Code / Title 26 / Chapter 51 / Subchapter 8 / Section 26-51-808
Failure to file return or include income - Return or supplemental return
Status: in_force

(a) If the Secretary of the Department of Finance and Administration shall be of the opinion that any taxpayer has failed to file a return or failed to include in a return filed, either intentionally or through error, items of taxable income, the secretary may require from the taxpayer a return or a supplementary return, under oath, in such form as he or she shall prescribe, of all the items of income which the taxpayer received during the year for which the return is made, whether or not taxable under the provisions of the Income Tax Act of 1929, § 26-51-101 et seq. (b) If from a supplementary return or otherwise, the Secretary of the Department of Finance and Administration finds that any items of income taxable under the Income Tax Act of 1929, § 26-51-101 et seq., have been omitted from the original return, he or she may require the items so omitted to be disclosed to him or her, under oath of the taxpayer, and to be added to the original return. (c) Such supplementary return and the correction of original shall not relieve the taxpayer from any of the penalties to which he or she may be liable under any provision of the Income Tax Act of 1929, § 26-51-101 et seq. Amended by Act 2019, No. 910,§ 3740, eff. 7/1/2019. Acts 1929, No. 118, Art. 4, § 23; Pope's Dig., § 14046; A.S.A. 1947, § 84-2029.

(a) If the Secretary of the Department of Finance and Administration shall be of the opinion that any taxpayer has failed to file a return or failed to include in a return filed, either intentionally or through error, items of taxable income, the secretary may require from the taxpayer a return or a supplementary return, under oath, in such form as he or she shall prescribe, of all the items of income which the taxpayer received during the year for which the return is made, whether or not taxable under the provisions of the Income Tax Act of 1929, § 26-51-101 et seq.

(b) If from a supplementary return or otherwise, the Secretary of the Department of Finance and Administration finds that any items of income taxable under the Income Tax Act of 1929, § 26-51-101 et seq., have been omitted from the original return, he or she may require the items so omitted to be disclosed to him or her, under oath of the taxpayer, and to be added to the original return.

(c) Such supplementary return and the correction of original shall not relieve the taxpayer from any of the penalties to which he or she may be liable under any provision of the Income Tax Act of 1929, § 26-51-101 et seq.

Amended by Act 2019, No. 910,§ 3740, eff. 7/1/2019.

Acts 1929, No. 118, Art. 4, § 23; Pope's Dig., § 14046; A.S.A. 1947, § 84-2029.
Ark. Code Ann. § 26-37-316 — AR Code / Title 26 / Chapter 37 / Subchapter 3 / Section 26-37-316
Notice requirement - Definition
Status: in_force

(a) As used in this section, "homestead" means a parcel of tax-delinquent land certified to the Commissioner of State Lands that is identified by the county assessor as a homestead eligible for a homestead credit under § 26-26-1118 . (b) When a homestead is certified to the Commissioner of State Lands, the county collector shall provide notice to the Commissioner of State Lands that the tax-delinquent land is a homestead. Amended by Act 2015, No. 1225,§ 3, eff. 7/22/2015. Acts 2003, No. 1376, § 3; 2007, No. 827, § 215.

(a) As used in this section, "homestead" means a parcel of tax-delinquent land certified to the Commissioner of State Lands that is identified by the county assessor as a homestead eligible for a homestead credit under § 26-26-1118 .

(b) When a homestead is certified to the Commissioner of State Lands, the county collector shall provide notice to the Commissioner of State Lands that the tax-delinquent land is a homestead.

Amended by Act 2015, No. 1225,§ 3, eff. 7/22/2015.

Acts 2003, No. 1376, § 3; 2007, No. 827, § 215.
Ark. Code Ann. § 26-52-414 — AR Code / Title 26 / Chapter 52 / Subchapter 4 / Section 26-52-414
Products sold to humane societies
Status: in_force

(a) All sales to humane societies which are not operated for profit and are organized under the provisions of § 20-19-101 for the prevention of cruelty to animals shall be exempt from this chapter. (b) The Secretary of the Department of Finance and Administration shall issue a certificate to the officers of each humane society organized under § 20-19-101 , which shall indicate the identity of the humane society officer and the humane society with which the humane society officer is associated. Sales to a humane society shall be exempt from the Arkansas gross receipts tax upon presentation of the certificate. Amended by Act 2019, No. 910,§ 3849, eff. 7/1/2019. Acts 1979, No. 417, §§ 1, 2; A.S.A. 1947, §§ 84-1904.6, 84-1904.7.

(a) All sales to humane societies which are not operated for profit and are organized under the provisions of § 20-19-101 for the prevention of cruelty to animals shall be exempt from this chapter.

(b) The Secretary of the Department of Finance and Administration shall issue a certificate to the officers of each humane society organized under § 20-19-101 , which shall indicate the identity of the humane society officer and the humane society with which the humane society officer is associated. Sales to a humane society shall be exempt from the Arkansas gross receipts tax upon presentation of the certificate.

Amended by Act 2019, No. 910,§ 3849, eff. 7/1/2019.

Acts 1979, No. 417, §§ 1, 2; A.S.A. 1947, §§ 84-1904.6, 84-1904.7.
Ark. Code Ann. § 26-53-150 — AR Code / Title 26 / Chapter 53 / Subchapter 1 / Section 26-53-150
Special tax rate for certain used motor vehicles, trailers, and semitrailers
Status: in_force

(a) (1) In lieu of the compensating use taxes levied under §§ 26-53-106 and 26-53-107 , there is levied an excise tax for the privilege of storing, using, distributing, or consuming a used motor vehicle, trailer, or semitrailer within this state if the sales price of the used motor vehicle, trailer, or semitrailer is at least four thousand dollars ($4,000) but less than ten thousand dollars ($10,000). (2) The excise tax levied under subdivision (a)(1) of this section is levied at the rate of two and eight hundred seventy-five thousandths percent (2.875%) of the sales price of the used motor vehicle, trailer, or semitrailer. (b) The tax levied in this section shall be in addition to: (1) Any compensating use tax levied in the Arkansas Constitution; (2) Any compensating use tax levied by a municipality or county; and (3) Any additional compensating use tax levied in an Arkansas city under § 26-52-607 . (c) For the purpose of determining whether the tax levied by this section applies to the sale of a used motor vehicle, trailer, or semitrailer, the sales price for the used motor vehicle, trailer, or semitrailer shall not be reduced by: (1) The value of a motor vehicle, trailer, or semitrailer traded in as part payment on the purchase price of the newly acquired motor vehicle, trailer, or semitrailer; or (2) The amount received by the purchaser for the sale of another motor vehicle, trailer, or semitrailer. (d) The revenues generated by the tax levied under this section shall be distributed as follows: (1) Seventy-six and six-tenths percent (76.6%) of the taxes, interest, penalties, and costs received by the Secretary of the Department of Finance and Administration under this section shall be deposited as general revenues; (2) Eight and five-tenths percent (8.5%) of the taxes, interest, penalties, and costs received by the secretary under this section shall be deposited into the Property Tax Relief Trust Fund; and (3) Fourteen and nine-tenths percent (14.9%) of the taxes, interest, penalties, and costs received by the secretary under this section shall be deposited into the Educational Adequacy Fund. (e) The excise tax levied under this section shall be collected and paid in the same manner and at the same time as is prescribed in § 26-53-126 for the collection and payment of compensating use taxes on motor vehicles, trailers, and semitrailers. Added by Act 2021, No. 1013,§ 8, eff. 1/1/2022.

(a) (1) In lieu of the compensating use taxes levied under §§ 26-53-106 and 26-53-107 , there is levied an excise tax for the privilege of storing, using, distributing, or consuming a used motor vehicle, trailer, or semitrailer within this state if the sales price of the used motor vehicle, trailer, or semitrailer is at least four thousand dollars ($4,000) but less than ten thousand dollars ($10,000). (2) The excise tax levied under subdivision (a)(1) of this section is levied at the rate of two and eight hundred seventy-five thousandths percent (2.875%) of the sales price of the used motor vehicle, trailer, or semitrailer.

(1) In lieu of the compensating use taxes levied under §§ 26-53-106 and 26-53-107 , there is levied an excise tax for the privilege of storing, using, distributing, or consuming a used motor vehicle, trailer, or semitrailer within this state if the sales price of the used motor vehicle, trailer, or semitrailer is at least four thousand dollars ($4,000) but less than ten thousand dollars ($10,000).

(2) The excise tax levied under subdivision (a)(1) of this section is levied at the rate of two and eight hundred seventy-five thousandths percent (2.875%) of the sales price of the used motor vehicle, trailer, or semitrailer.

(b) The tax levied in this section shall be in addition to: (1) Any compensating use tax levied in the Arkansas Constitution; (2) Any compensating use tax levied by a municipality or county; and (3) Any additional compensating use tax levied in an Arkansas city under § 26-52-607 .

(1) Any compensating use tax levied in the Arkansas Constitution;

(2) Any compensating use tax levied by a municipality or county; and

(3) Any additional compensating use tax levied in an Arkansas city under § 26-52-607 .

(c) For the purpose of determining whether the tax levied by this section applies to the sale of a used motor vehicle, trailer, or semitrailer, the sales price for the used motor vehicle, trailer, or semitrailer shall not be reduced by: (1) The value of a motor vehicle, trailer, or semitrailer traded in as part payment on the purchase price of the newly acquired motor vehicle, trailer, or semitrailer; or (2) The amount received by the purchaser for the sale of another motor vehicle, trailer, or semitrailer.

(1) The value of a motor vehicle, trailer, or semitrailer traded in as part payment on the purchase price of the newly acquired motor vehicle, trailer, or semitrailer; or

(2) The amount received by the purchaser for the sale of another motor vehicle, trailer, or semitrailer.

(d) The revenues generated by the tax levied under this section shall be distributed as follows: (1) Seventy-six and six-tenths percent (76.6%) of the taxes, interest, penalties, and costs received by the Secretary of the Department of Finance and Administration under this section shall be deposited as general revenues; (2) Eight and five-tenths percent (8.5%) of the taxes, interest, penalties, and costs received by the secretary under this section shall be deposited into the Property Tax Relief Trust Fund; and (3) Fourteen and nine-tenths percent (14.9%) of the taxes, interest, penalties, and costs received by the secretary under this section shall be deposited into the Educational Adequacy Fund.

(1) Seventy-six and six-tenths percent (76.6%) of the taxes, interest, penalties, and costs received by the Secretary of the Department of Finance and Administration under this section shall be deposited as general revenues;

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

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

(e) The excise tax levied under this section shall be collected and paid in the same manner and at the same time as is prescribed in § 26-53-126 for the collection and payment of compensating use taxes on motor vehicles, trailers, and semitrailers.

Added by Act 2021, No. 1013,§ 8, eff. 1/1/2022.
Ark. Code Ann. § 26-56-311 — AR Code / Title 26 / Chapter 56 / Subchapter 3 / Section 26-56-311
Revocation of supplier's or dealer's license
Status: in_force

(a) If a licensed liquefied gas special fuels supplier or dealer fails to file any report required by this subchapter, or falsely or fraudulently files a report, or fails to pay the full amount of the tax levied by this subchapter, or if at any time the surety on the licensee's bond becomes unsatisfactory or inaccessible to the Secretary of the Department of Finance and Administration or the bond is discharged or cancelled, and a new bond is not furnished by the licensee within five (5) days after the demand of the secretary, the secretary may give notice to the licensee of an intention to revoke his or her license. (b) (1) The licensee shall be entitled to a period of twenty (20) days after the mailing of the notice within which to apply for a hearing on the question of having his or her license revoked. (2) A hearing under this section shall be held under the Arkansas Tax Procedure Act, § 26-18-101 et seq., or the Independent Tax Appeals Commission Act, § 26-18-1101 et seq. (c) After the hearing at which the licensee is entitled to present evidence and be represented by counsel, the secretary or the Tax Appeals Commission, as applicable, shall determine whether the licensee's license shall be revoked. (d) (1) The secretary or the licensee may seek judicial relief from an adverse decision under this section by filing suit under §§ 26-18-602 and 26-18-1117 . (2) An appeal may be had from the judgment of the circuit court as in other cases as provided by law. (e) (1) If the licensee fails to apply for a hearing within the prescribed time, the secretary may immediately revoke the license of the licensee and notify the licensee by registered mail, addressed to the last known address of the licensee appearing in the files of the secretary. (2) The secretary shall also notify the surety company on the licensee's bond in like manner. Amended by Act 2021, No. 593,§ 33, eff. 1/1/2023. Amended by Act 2019, No. 910,§ 4088, eff. 7/1/2019. Acts 1965 (1st Ex. Sess.), No. 40, ch. 3, § 9; A.S.A. 1947, § 75-1262.

(a) If a licensed liquefied gas special fuels supplier or dealer fails to file any report required by this subchapter, or falsely or fraudulently files a report, or fails to pay the full amount of the tax levied by this subchapter, or if at any time the surety on the licensee's bond becomes unsatisfactory or inaccessible to the Secretary of the Department of Finance and Administration or the bond is discharged or cancelled, and a new bond is not furnished by the licensee within five (5) days after the demand of the secretary, the secretary may give notice to the licensee of an intention to revoke his or her license.

(b) (1) The licensee shall be entitled to a period of twenty (20) days after the mailing of the notice within which to apply for a hearing on the question of having his or her license revoked. (2) A hearing under this section shall be held under the Arkansas Tax Procedure Act, § 26-18-101 et seq., or the Independent Tax Appeals Commission Act, § 26-18-1101 et seq.

(1) The licensee shall be entitled to a period of twenty (20) days after the mailing of the notice within which to apply for a hearing on the question of having his or her license revoked.

(2) A hearing under this section shall be held under the Arkansas Tax Procedure Act, § 26-18-101 et seq., or the Independent Tax Appeals Commission Act, § 26-18-1101 et seq.

(c) After the hearing at which the licensee is entitled to present evidence and be represented by counsel, the secretary or the Tax Appeals Commission, as applicable, shall determine whether the licensee's license shall be revoked.

(d) (1) The secretary or the licensee may seek judicial relief from an adverse decision under this section by filing suit under §§ 26-18-602 and 26-18-1117 . (2) An appeal may be had from the judgment of the circuit court as in other cases as provided by law.

(1) The secretary or the licensee may seek judicial relief from an adverse decision under this section by filing suit under §§ 26-18-602 and 26-18-1117 .

(2) An appeal may be had from the judgment of the circuit court as in other cases as provided by law.

(e) (1) If the licensee fails to apply for a hearing within the prescribed time, the secretary may immediately revoke the license of the licensee and notify the licensee by registered mail, addressed to the last known address of the licensee appearing in the files of the secretary. (2) The secretary shall also notify the surety company on the licensee's bond in like manner.

(1) If the licensee fails to apply for a hearing within the prescribed time, the secretary may immediately revoke the license of the licensee and notify the licensee by registered mail, addressed to the last known address of the licensee appearing in the files of the secretary.

(2) The secretary shall also notify the surety company on the licensee's bond in like manner.

Amended by Act 2021, No. 593,§ 33, eff. 1/1/2023.

Amended by Act 2019, No. 910,§ 4088, eff. 7/1/2019.

Acts 1965 (1st Ex. Sess.), No. 40, ch. 3, § 9; A.S.A. 1947, § 75-1262.
Ark. Code Ann. § 26-51-721 — AR Code / Title 26 / Chapter 51 / Subchapter 7 / Section 26-51-721
Repealer
Status: in_force

Any law or parts of laws in conflict with this Act are hereby repealed. Acts 1961, No. 413, § 20; A.S.A. 1947, § 84-2073n.

Any law or parts of laws in conflict with this Act are hereby repealed.

Acts 1961, No. 413, § 20; A.S.A. 1947, § 84-2073n.
Ark. Code Ann. § 26-21-104 — AR Code / Title 26 / Chapter 21 / Section 26-21-104
Seller registration
Status: in_force

(a) The Department of Finance and Administration shall participate in an online sales and use tax registration system in cooperation with the states that are members of the agreement. (b) The department shall not use a seller's registration with the online sales and use tax registration system as provided in subsection (a) of this section and any subsequent collection of a sales or use tax in determining whether the seller has nexus with the state for any tax at any time. (c) When registering, a seller may select one (1) of the following models: (1) Model 1 seller; (2) Model 2 seller; (3) Model 3 seller; or (4) Model 4 seller. Acts 2005, No. 2163, § 1; 2007, No. 181, § 3; 2011, No. 291, § 3.

(a) The Department of Finance and Administration shall participate in an online sales and use tax registration system in cooperation with the states that are members of the agreement.

(b) The department shall not use a seller's registration with the online sales and use tax registration system as provided in subsection (a) of this section and any subsequent collection of a sales or use tax in determining whether the seller has nexus with the state for any tax at any time.

(c) When registering, a seller may select one (1) of the following models: (1) Model 1 seller; (2) Model 2 seller; (3) Model 3 seller; or (4) Model 4 seller.

(1) Model 1 seller;

(2) Model 2 seller;

(3) Model 3 seller; or

(4) Model 4 seller.

Acts 2005, No. 2163, § 1; 2007, No. 181, § 3; 2011, No. 291, § 3.
Ark. Code Ann. § 26-52-314 — AR Code / Title 26 / Chapter 52 / Subchapter 3 / Section 26-52-314
Prepaid calling service and prepaid wireless calling service - Definitions
Status: in_force

(a) Sales of a prepaid calling service or a prepaid wireless calling service and the recharge of a prepaid calling service or a prepaid wireless calling service shall be subject to the Arkansas gross receipts tax levied by this chapter and the compensating use tax levied by the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq. (b) As used in this subchapter: (1) "Prepaid calling service" means the right to exclusively access a telecommunication service, which must be paid for in advance and which enables the origination of calls using an access number or authorization code, whether manually or electronically dialed and that is sold in predetermined units or dollars of which the number declines with use in a known amount; (2) "Prepaid telephone calling card" or "prepaid authorization number" means the exclusive purchase of telephone or telecommunications services, paid for in advance, which enables the origination of calls using an access number or authorization code, whether manually or electronically dialed; (3) "Prepaid wireless calling service" means a telecommunication service that provides the right to utilize a mobile wireless service as well as other nontelecommunications services, including the download of a digital product delivered electronically and content and ancillary services, which must be paid for in advance and sold in predetermined units or dollars of which the number declines with use in a known amount; and (4) "Recharge" means the purchase of additional telephone or telecommunication services for a previously purchased prepaid calling service or prepaid wireless calling service. (c) (1) A sale of a prepaid calling service or a prepaid wireless calling service or the recharge of a prepaid calling service or a prepaid wireless calling service is subject to gross receipts tax at the point of sale by the retail vendor. (2) If the sale or recharge of a prepaid calling service or a prepaid wireless calling service does not take place at the retail vendor's place of business, it shall be sourced in accordance with § 26-52-521(b) . (d) The gross receipts tax levied by this section on the sale of a prepaid calling service or a prepaid wireless calling service and the recharge of a prepaid calling service or a prepaid wireless calling service shall be due on all such sales occurring on or after July 1, 1999. (e) The Secretary of the Department of Finance and Administration shall promulgate rules to implement this section. Amended by Act 2019, No. 910,§ 3833, eff. 7/1/2019. Amended by Act 2013, No. 538,§ 2, eff. 8/16/2013. Acts 1999, No. 1348, § 2; 2007, No. 181, § 44; 2007, No. 827, § 221.

(a) Sales of a prepaid calling service or a prepaid wireless calling service and the recharge of a prepaid calling service or a prepaid wireless calling service shall be subject to the Arkansas gross receipts tax levied by this chapter and the compensating use tax levied by the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.

(b) As used in this subchapter: (1) "Prepaid calling service" means the right to exclusively access a telecommunication service, which must be paid for in advance and which enables the origination of calls using an access number or authorization code, whether manually or electronically dialed and that is sold in predetermined units or dollars of which the number declines with use in a known amount; (2) "Prepaid telephone calling card" or "prepaid authorization number" means the exclusive purchase of telephone or telecommunications services, paid for in advance, which enables the origination of calls using an access number or authorization code, whether manually or electronically dialed; (3) "Prepaid wireless calling service" means a telecommunication service that provides the right to utilize a mobile wireless service as well as other nontelecommunications services, including the download of a digital product delivered electronically and content and ancillary services, which must be paid for in advance and sold in predetermined units or dollars of which the number declines with use in a known amount; and (4) "Recharge" means the purchase of additional telephone or telecommunication services for a previously purchased prepaid calling service or prepaid wireless calling service.

(1) "Prepaid calling service" means the right to exclusively access a telecommunication service, which must be paid for in advance and which enables the origination of calls using an access number or authorization code, whether manually or electronically dialed and that is sold in predetermined units or dollars of which the number declines with use in a known amount;

(2) "Prepaid telephone calling card" or "prepaid authorization number" means the exclusive purchase of telephone or telecommunications services, paid for in advance, which enables the origination of calls using an access number or authorization code, whether manually or electronically dialed;

(3) "Prepaid wireless calling service" means a telecommunication service that provides the right to utilize a mobile wireless service as well as other nontelecommunications services, including the download of a digital product delivered electronically and content and ancillary services, which must be paid for in advance and sold in predetermined units or dollars of which the number declines with use in a known amount; and

(4) "Recharge" means the purchase of additional telephone or telecommunication services for a previously purchased prepaid calling service or prepaid wireless calling service.

(c) (1) A sale of a prepaid calling service or a prepaid wireless calling service or the recharge of a prepaid calling service or a prepaid wireless calling service is subject to gross receipts tax at the point of sale by the retail vendor. (2) If the sale or recharge of a prepaid calling service or a prepaid wireless calling service does not take place at the retail vendor's place of business, it shall be sourced in accordance with § 26-52-521(b) .

(1) A sale of a prepaid calling service or a prepaid wireless calling service or the recharge of a prepaid calling service or a prepaid wireless calling service is subject to gross receipts tax at the point of sale by the retail vendor.

(2) If the sale or recharge of a prepaid calling service or a prepaid wireless calling service does not take place at the retail vendor's place of business, it shall be sourced in accordance with § 26-52-521(b) .

(d) The gross receipts tax levied by this section on the sale of a prepaid calling service or a prepaid wireless calling service and the recharge of a prepaid calling service or a prepaid wireless calling service shall be due on all such sales occurring on or after July 1, 1999.

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

Amended by Act 2019, No. 910,§ 3833, eff. 7/1/2019.

Amended by Act 2013, No. 538,§ 2, eff. 8/16/2013.

Acts 1999, No. 1348, § 2; 2007, No. 181, § 44; 2007, No. 827, § 221.
Ark. Code Ann. § 26-51-717 — AR Code / Title 26 / Chapter 51 / Subchapter 7 / Section 26-51-717
Sales - Income-producing activity
Status: in_force

Sales, other than sales of tangible personal property, are in this state if: (a) the income-producing activity is performed in this state; or (b) the income-producing activity is performed both within and without the state, in which event the portion of income allocable to this state shall be the percentage that is used in the formula for allocating income to Arkansas during the year of the sale. Acts 1961, No. 413, § 17; A.S.A. 1947, § 84-2071.

Sales, other than sales of tangible personal property, are in this state if:

(a) the income-producing activity is performed in this state; or

(b) the income-producing activity is performed both within and without the state, in which event the portion of income allocable to this state shall be the percentage that is used in the formula for allocating income to Arkansas during the year of the sale.

Acts 1961, No. 413, § 17; A.S.A. 1947, § 84-2071.
Ark. Code Ann. § 26-51-201 — AR Code / Title 26 / Chapter 51 / Subchapter 2 / Section 26-51-201
Individuals, trusts, and estates - Definition
Status: in_force

(a) A tax is imposed upon the entire income of every resident, individual, trust, or estate. The tax shall be levied, collected, and paid annually upon the entire net income as defined and computed in this chapter at the following rates, giving effect to the tax credits provided hereafter, in the manner set forth: (1) (A) Every resident, individual, trust, or estate having net income less than or equal to eighty-four thousand five hundred dollars ($84,500) shall determine the amount of income tax due under this subsection in accordance with the table set forth below: From Less Than or Equal To Rate $0 $4,999 0% $5,000 $9,999 2% $10,000 $14,299 3% $14,300 $23,599 3.4% $23,600 $84,500 4.9% (B) Every resident, individual, trust, or estate having net income greater than eighty-four thousand five hundred dollars ($84,500) shall determine the amount of income tax due under this subsection in accordance with the table set forth below: From Less Than or Equal To Rate $0 $4,300 2% $4,301 $8,500 4% $8,501 and above 4.9% (C) Every resident, individual, trust, or estate having net income greater than or equal to eighty-four thousand five hundred one dollars ($84,501) but not greater than eighty-nine thousand one hundred dollars ($89,100) shall reduce the amount of income tax due as determined under subdivision (a)(1)(B) of this section by deducting a bracket adjustment amount in accordance with the table set forth below: From Less Than or Equal To Bracket Adjustment Amount $84,501 $84,600 $460 $84,601 $84,700 $450 $84,701 $84,800 $440 $84,801 $84,900 $430 $84,901 $85,000 $420 $85,001 $85,100 $410 $85,101 $85,200 $400 $85,201 $85,300 $390 $85,301 $85,400 $380 $85,401 $85,500 $370 $85,501 $85,600 $360 $85,601 $85,700 $350 $85,701 $85,800 $340 $85,801 $85,900 $330 $85,901 $86,000 $320 $86,001 $86,100 $310 $86,101 $86,200 $300 $86,201 $86,300 $290 $86,301 $86,400 $280 $86,401 $86,500 $270 $86,501 $86,600 $260 $86,601 $86,700 $250 $86,701 $86,800 $240 $86,801 $86,900 $230 $86,901 $87,000 $220 $87,001 $87,100 $210 $87,101 $87,200 $200 $87,201 $87,300 $190 $87,301 $87,400 $180 $87,401 $87,500 $170 $87,501 $87,600 $160 $87,601 $87,700 $150 $87,701 $87,800 $140 $87,801 $87,900 $130 $87,901 $88,000 $120 $88,001 $88,100 $110 $88,101 $88,200 $100 $88,201 $88,300 $90 $88,301 $88,400 $80 $88,401 $88,500 $70 $88,501 $88,600 $60 $88,601 $88,700 $50 $88,701 $88,800 $40 $88,801 $88,900 $30 $88,901 $89,000 $20 $89,001 $89,100 $10 $89,101 and up $0 (2) For tax years beginning on or after January 1, 2023: (A) Every resident, individual, trust, or estate having net income less than or equal to eighty-seven thousand dollars ($87,000) shall determine the amount of income tax due under this subsection in accordance with the table set forth below: From Less Than or Equal To Rate $0 $5,099 0% $5,100 $10,299 2% $10,300 $14,699 3% $14,700 $24,299 3.4% $24,300 $87,000 4.7% (B) Every resident, individual, trust, or estate having net income greater than eighty-seven thousand dollars ($87,000) shall determine the amount of income tax due under this subsection in accordance with the table set forth below: From Less Than or Equal To Rate $0 $4,400 2% $4,401 $8,800 4% $8,801 and above 4.7% (C) Every resident, individual, trust, or estate having net income greater than or equal to eighty-seven thousand one dollars ($87,001) but not greater than ninety-one thousand three hundred dollars ($91,300) shall reduce the amount of income tax due as determined under subdivision (a)(2)(B) of this section by deducting a bracket adjustment amount in accordance with the table set forth below: From Less Than or Equal To Bracket Adjustment Amount $87,001 $87,100 $430 $87,101 $87,200 $420 $87,201 $87,300 $410 $87,301 $87,400 $400 $87,401 $87,500 $390 $87,501 $87,600 $380 $87,601 $87,700 $370 $87,701 $87,800 $360 $87,801 $87,900 $350 $87,901 $88,000 $340 $88,001 $88,100 $330 $88,101 $88,200 $320 $88,201 $88,300 $310 $88,301 $88,400 $300 $88,401 $88,500 $290 $88,501 $88,600 $280 $88,601 $88,700 $270 $88,701 $88,800 $260 $88,801 $88,900 $250 $88,901 $89,000 $240 $89,001 $89,100 $230 $89,101 $89,200 $220 $89,201 $89,300 $210 $89,301 $89,400 $200 $89,401 $89,500 $190 $89,501 $89,600 $180 $89,601 $89,700 $170 $89,701 $89,800 $160 $89,801 $89,900 $150 $89,901 $90,000 $140 $90,001 $90,100 $130 $90,101 $90,200 $120 $90,201 $90,300 $110 $90,301 $90,400 $100 $90,401 $90,500 $90 $90,501 $90,600 $80 $90,601 $90,700 $70 $90,701 $90,800 $60 $90,801 $90,900 $50 $90,901 $91,000 $40 $91,001 $91,100 $30 $91,101 $91,200 $20 $91,201 $91,300 $10 $91,301 and up $0 (3) For tax years beginning on or after January 1, 2024: (A) Every resident, individual, trust, or estate having net income less than or equal to eighty-nine thousand six hundred dollars ($89,600) shall determine the amount of income tax due under this subsection in accordance with the table set forth below: From Less Than or Equal To Rate $0 $5,299 0% $5,300 $10,599 2% $10,600 $15,099 3% $15,100 $24,999 3.4% $25,000 $89,600 3.9% (B) Every resident, individual, trust, or estate having net income greater than eighty-nine thousand six hundred dollars ($89,600) shall determine the amount of income tax due under this subsection in accordance with the table set forth below: From Less Than or Equal To Rate $0 $4,500 2% $4,501 and above 3.9% (C) Every resident, individual, trust, or estate having net income greater than or equal to eighty-nine thousand six hundred one dollars ($89,601) but not greater than ninety-two thousand seven hundred dollars ($92,700) shall reduce the amount of income tax due as determined under subdivision (a)(3)(B) of this section by deducting a bracket adjustment amount in accordance with the table set forth below: From Less Than or Equal To Bracket Adjustment Amount $89,601 $89,700 $310 $89,701 $89,800 $300 $89,801 $89,900 $290 $89,901 $90,000 $280 $90,001 $90,100 $270 $90,101 $90,200 $260 $90,201 $90,300 $250 $90,301 $90,400 $240 $90,401 $90,500 $230 $90,501 $90,600 $220 $90,601 $90,700 $210 $90,701 $90,800 $200 $90,801 $90,900 $190 $90,901 $91,000 $180 $91,001 $91,100 $170 $91,101 $91,200 $160 $91,201 $91,300 $150 $91,301 $91,400 $140 $91,401 $91,500 $130 $91,501 $91,600 $120 $91,601 $91,700 $110 $91,701 $91,800 $100 $91,801 $91,900 $90 $91,901 $92,000 $80 $92,001 $92,100 $70 $92,101 $92,200 $60 $92,201 $92,300 $50 $92,301 $92,400 $40 $92,401 $92,500 $30 $92,501 $92,600 $20 $92,601 $92,700 $10 $92,701 and up $0 (4) The tables set forth in subdivisions (a)(1)-(3) of this section shall be adjusted annually in accordance with the method set forth in subsection (d) of this section. (b) However, no state income tax shall be due this state from a trust or estate created by a nonresident donor, trustor, or settlor, or by a nonresident testator even though administered by a resident trustee or personal representative except on income derived from: (1) Lands situated in this state, including gains from any sale thereof; (2) Any interest in lands situated in this state, including, without limitation, chattels real, including gains from any sale thereof; (3) Tangible personal property located in Arkansas, including gains from any sale thereof; and (4) Unincorporated businesses domiciled in Arkansas. (c) No income tax shall be due the State of Arkansas from a nonresident beneficiary on income received from a trust being administered by a resident trustee except on income derived by the trust from: (1) Lands situated in this state, including gains from any sale thereof; (2) Any interest in lands situated in this state, including, without limitation, chattels real, including gains from any sale thereof; (3) Tangible personal property located in Arkansas, including gains from any sale thereof; and (4) Unincorporated businesses domiciled in Arkansas. (d) (1) The Secretary of the Department of Finance and Administration shall prescribe annually tables that shall apply in lieu of the tables contained in subsection (a) of this section with respect to each succeeding taxable year. The secretary shall increase the minimum and maximum dollar amounts for each rate bracket, rounding to the nearest one hundred dollars ($100), for which a tax is imposed under the table by the cost-of-living adjustment for each calendar year and by not changing the rate applicable to any rate bracket as adjusted. (2) For purposes of subdivision (d)(1) of this section, the cost-of-living adjustment for a calendar year is the percentage, if any, by which the CPI for the current calendar year exceeds the CPI for the preceding calendar year, not to exceed three percent (3%). The CPI for any calendar year is the average of the Consumer Price Index as of the close of the twelve-month period ending on August 31 of such calendar year. "Consumer Price Index" means the last Consumer Price Index for All Urban Consumers published by the United States Department of Labor. (3) The new tables, as adjusted annually, shall be used by the secretary in preparing the income tax withholding tables pursuant to § 26-51-907 . (e) (1) Title 26 U.S.C. §§ 671 - 679 , as in effect on January 1, 2019, are adopted for purposes of determining whether the grantor or another person shall be treated as the owner of a portion of a trust for Arkansas income tax purposes. (2) A grantor or other person described in 26 U.S.C. §§ 671 - 679 , as in effect on January 1, 2019, is subject to the filing and reporting requirements of § 26-51-806 . Amended by Act 2024EX2, No. 4,§ 1, eff. 6/19/2024. Amended by Act 2024EX2, No. 1,§ 1, eff. 6/19/2024. Amended by Act 2023EX1, No. 6,§ 1, eff. 9/14/2023. Amended by Act 2023, No. 532,§ 2, eff. 8/1/2023. Amended by Act 2023, No. 532,§ 1, eff. 8/1/2023. Amended by Act 2022EX3, No. 2,§ 1, eff. for tax years beginning on or after January 1, 2022. Amended by Act 2022EX3, No. 1,§ 1, eff. for tax years beginning on or after January 1, 2022. Amended by Act 2021EX2, No. 2,§ 5, eff. for tax years beginning on or after January 1, 2022. Amended by Act 2021EX2, No. 1,§ 5, eff. for tax years beginning on or after January 1, 2022. Amended by Act 2019, No. 1027,§ 2, eff. for tax years beginning on or after 1/1/2020. Amended by Act 2019, No. 182,§ 3, eff. for tax years beginning on or after 1/1/2020. Amended by Act 2019, No. 910,§ 3706, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3705, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3704, eff. 7/1/2019. Amended by Act 2019, No. 182,§ 4, eff. 2/19/2019. Amended by Act 2017, No. 79,§ 2, eff. for tax years beginning on and after 1/1/2019. Amended by Act 2015, No. 709,§ 1, eff. for tax years beginning on and after January 1, 2015. Amended by Act 2015, No. 22,§ 2, eff. 2/6/2015. Amended by Act 2013, No. 1459,§ 2, eff. 8/16/2013. Amended by Act 2013, No. 1459,§ 1, eff. 8/16/2013. Acts 1929, No. 118, Art. 2, § 3; Pope's Dig., § 14026; Acts 1957, No. 20, § 1; 1961, No. 34, § 1; 1967, No. 46, § 1; 1971, No. 221, § 1; 1973, No. 215, §§ 1, 2; A.S.A. 1947, § 84-2003; Acts 1997, No. 328, § 5.

(a) A tax is imposed upon the entire income of every resident, individual, trust, or estate. The tax shall be levied, collected, and paid annually upon the entire net income as defined and computed in this chapter at the following rates, giving effect to the tax credits provided hereafter, in the manner set forth: (1) (A) Every resident, individual, trust, or estate having net income less than or equal to eighty-four thousand five hundred dollars ($84,500) shall determine the amount of income tax due under this subsection in accordance with the table set forth below: From Less Than or Equal To Rate $0 $4,999 0% $5,000 $9,999 2% $10,000 $14,299 3% $14,300 $23,599 3.4% $23,600 $84,500 4.9% (B) Every resident, individual, trust, or estate having net income greater than eighty-four thousand five hundred dollars ($84,500) shall determine the amount of income tax due under this subsection in accordance with the table set forth below: From Less Than or Equal To Rate $0 $4,300 2% $4,301 $8,500 4% $8,501 and above 4.9% (C) Every resident, individual, trust, or estate having net income greater than or equal to eighty-four thousand five hundred one dollars ($84,501) but not greater than eighty-nine thousand one hundred dollars ($89,100) shall reduce the amount of income tax due as determined under subdivision (a)(1)(B) of this section by deducting a bracket adjustment amount in accordance with the table set forth below: From Less Than or Equal To Bracket Adjustment Amount $84,501 $84,600 $460 $84,601 $84,700 $450 $84,701 $84,800 $440 $84,801 $84,900 $430 $84,901 $85,000 $420 $85,001 $85,100 $410 $85,101 $85,200 $400 $85,201 $85,300 $390 $85,301 $85,400 $380 $85,401 $85,500 $370 $85,501 $85,600 $360 $85,601 $85,700 $350 $85,701 $85,800 $340 $85,801 $85,900 $330 $85,901 $86,000 $320 $86,001 $86,100 $310 $86,101 $86,200 $300 $86,201 $86,300 $290 $86,301 $86,400 $280 $86,401 $86,500 $270 $86,501 $86,600 $260 $86,601 $86,700 $250 $86,701 $86,800 $240 $86,801 $86,900 $230 $86,901 $87,000 $220 $87,001 $87,100 $210 $87,101 $87,200 $200 $87,201 $87,300 $190 $87,301 $87,400 $180 $87,401 $87,500 $170 $87,501 $87,600 $160 $87,601 $87,700 $150 $87,701 $87,800 $140 $87,801 $87,900 $130 $87,901 $88,000 $120 $88,001 $88,100 $110 $88,101 $88,200 $100 $88,201 $88,300 $90 $88,301 $88,400 $80 $88,401 $88,500 $70 $88,501 $88,600 $60 $88,601 $88,700 $50 $88,701 $88,800 $40 $88,801 $88,900 $30 $88,901 $89,000 $20 $89,001 $89,100 $10 $89,101 and up $0 (2) For tax years beginning on or after January 1, 2023: (A) Every resident, individual, trust, or estate having net income less than or equal to eighty-seven thousand dollars ($87,000) shall determine the amount of income tax due under this subsection in accordance with the table set forth below: From Less Than or Equal To Rate $0 $5,099 0% $5,100 $10,299 2% $10,300 $14,699 3% $14,700 $24,299 3.4% $24,300 $87,000 4.7% (B) Every resident, individual, trust, or estate having net income greater than eighty-seven thousand dollars ($87,000) shall determine the amount of income tax due under this subsection in accordance with the table set forth below: From Less Than or Equal To Rate $0 $4,400 2% $4,401 $8,800 4% $8,801 and above 4.7% (C) Every resident, individual, trust, or estate having net income greater than or equal to eighty-seven thousand one dollars ($87,001) but not greater than ninety-one thousand three hundred dollars ($91,300) shall reduce the amount of income tax due as determined under subdivision (a)(2)(B) of this section by deducting a bracket adjustment amount in accordance with the table set forth below: From Less Than or Equal To Bracket Adjustment Amount $87,001 $87,100 $430 $87,101 $87,200 $420 $87,201 $87,300 $410 $87,301 $87,400 $400 $87,401 $87,500 $390 $87,501 $87,600 $380 $87,601 $87,700 $370 $87,701 $87,800 $360 $87,801 $87,900 $350 $87,901 $88,000 $340 $88,001 $88,100 $330 $88,101 $88,200 $320 $88,201 $88,300 $310 $88,301 $88,400 $300 $88,401 $88,500 $290 $88,501 $88,600 $280 $88,601 $88,700 $270 $88,701 $88,800 $260 $88,801 $88,900 $250 $88,901 $89,000 $240 $89,001 $89,100 $230 $89,101 $89,200 $220 $89,201 $89,300 $210 $89,301 $89,400 $200 $89,401 $89,500 $190 $89,501 $89,600 $180 $89,601 $89,700 $170 $89,701 $89,800 $160 $89,801 $89,900 $150 $89,901 $90,000 $140 $90,001 $90,100 $130 $90,101 $90,200 $120 $90,201 $90,300 $110 $90,301 $90,400 $100 $90,401 $90,500 $90 $90,501 $90,600 $80 $90,601 $90,700 $70 $90,701 $90,800 $60 $90,801 $90,900 $50 $90,901 $91,000 $40 $91,001 $91,100 $30 $91,101 $91,200 $20 $91,201 $91,300 $10 $91,301 and up $0 (3) For tax years beginning on or after January 1, 2024: (A) Every resident, individual, trust, or estate having net income less than or equal to eighty-nine thousand six hundred dollars ($89,600) shall determine the amount of income tax due under this subsection in accordance with the table set forth below: From Less Than or Equal To Rate $0 $5,299 0% $5,300 $10,599 2% $10,600 $15,099 3% $15,100 $24,999 3.4% $25,000 $89,600 3.9% (B) Every resident, individual, trust, or estate having net income greater than eighty-nine thousand six hundred dollars ($89,600) shall determine the amount of income tax due under this subsection in accordance with the table set forth below: From Less Than or Equal To Rate $0 $4,500 2% $4,501 and above 3.9% (C) Every resident, individual, trust, or estate having net income greater than or equal to eighty-nine thousand six hundred one dollars ($89,601) but not greater than ninety-two thousand seven hundred dollars ($92,700) shall reduce the amount of income tax due as determined under subdivision (a)(3)(B) of this section by deducting a bracket adjustment amount in accordance with the table set forth below: From Less Than or Equal To Bracket Adjustment Amount $89,601 $89,700 $310 $89,701 $89,800 $300 $89,801 $89,900 $290 $89,901 $90,000 $280 $90,001 $90,100 $270 $90,101 $90,200 $260 $90,201 $90,300 $250 $90,301 $90,400 $240 $90,401 $90,500 $230 $90,501 $90,600 $220 $90,601 $90,700 $210 $90,701 $90,800 $200 $90,801 $90,900 $190 $90,901 $91,000 $180 $91,001 $91,100 $170 $91,101 $91,200 $160 $91,201 $91,300 $150 $91,301 $91,400 $140 $91,401 $91,500 $130 $91,501 $91,600 $120 $91,601 $91,700 $110 $91,701 $91,800 $100 $91,801 $91,900 $90 $91,901 $92,000 $80 $92,001 $92,100 $70 $92,101 $92,200 $60 $92,201 $92,300 $50 $92,301 $92,400 $40 $92,401 $92,500 $30 $92,501 $92,600 $20 $92,601 $92,700 $10 $92,701 and up $0 (4) The tables set forth in subdivisions (a)(1)-(3) of this section shall be adjusted annually in accordance with the method set forth in subsection (d) of this section.

(1) (A) Every resident, individual, trust, or estate having net income less than or equal to eighty-four thousand five hundred dollars ($84,500) shall determine the amount of income tax due under this subsection in accordance with the table set forth below: From Less Than or Equal To Rate $0 $4,999 0% $5,000 $9,999 2% $10,000 $14,299 3% $14,300 $23,599 3.4% $23,600 $84,500 4.9% (B) Every resident, individual, trust, or estate having net income greater than eighty-four thousand five hundred dollars ($84,500) shall determine the amount of income tax due under this subsection in accordance with the table set forth below: From Less Than or Equal To Rate $0 $4,300 2% $4,301 $8,500 4% $8,501 and above 4.9% (C) Every resident, individual, trust, or estate having net income greater than or equal to eighty-four thousand five hundred one dollars ($84,501) but not greater than eighty-nine thousand one hundred dollars ($89,100) shall reduce the amount of income tax due as determined under subdivision (a)(1)(B) of this section by deducting a bracket adjustment amount in accordance with the table set forth below: From Less Than or Equal To Bracket Adjustment Amount $84,501 $84,600 $460 $84,601 $84,700 $450 $84,701 $84,800 $440 $84,801 $84,900 $430 $84,901 $85,000 $420 $85,001 $85,100 $410 $85,101 $85,200 $400 $85,201 $85,300 $390 $85,301 $85,400 $380 $85,401 $85,500 $370 $85,501 $85,600 $360 $85,601 $85,700 $350 $85,701 $85,800 $340 $85,801 $85,900 $330 $85,901 $86,000 $320 $86,001 $86,100 $310 $86,101 $86,200 $300 $86,201 $86,300 $290 $86,301 $86,400 $280 $86,401 $86,500 $270 $86,501 $86,600 $260 $86,601 $86,700 $250 $86,701 $86,800 $240 $86,801 $86,900 $230 $86,901 $87,000 $220 $87,001 $87,100 $210 $87,101 $87,200 $200 $87,201 $87,300 $190 $87,301 $87,400 $180 $87,401 $87,500 $170 $87,501 $87,600 $160 $87,601 $87,700 $150 $87,701 $87,800 $140 $87,801 $87,900 $130 $87,901 $88,000 $120 $88,001 $88,100 $110 $88,101 $88,200 $100 $88,201 $88,300 $90 $88,301 $88,400 $80 $88,401 $88,500 $70 $88,501 $88,600 $60 $88,601 $88,700 $50 $88,701 $88,800 $40 $88,801 $88,900 $30 $88,901 $89,000 $20 $89,001 $89,100 $10 $89,101 and up $0

(A) Every resident, individual, trust, or estate having net income less than or equal to eighty-four thousand five hundred dollars ($84,500) shall determine the amount of income tax due under this subsection in accordance with the table set forth below: From Less Than or Equal To Rate $0 $4,999 0% $5,000 $9,999 2% $10,000 $14,299 3% $14,300 $23,599 3.4% $23,600 $84,500 4.9%

From Less Than or Equal To Rate $0 $4,999 0% $5,000 $9,999 2% $10,000 $14,299 3% $14,300 $23,599 3.4% $23,600 $84,500 4.9%

From

Less Than or Equal To

Rate

$0

$4,999

0%

$5,000

$9,999

2%

$10,000

$14,299

3%

$14,300

$23,599

3.4%

$23,600

$84,500

4.9%

(B) Every resident, individual, trust, or estate having net income greater than eighty-four thousand five hundred dollars ($84,500) shall determine the amount of income tax due under this subsection in accordance with the table set forth below: From Less Than or Equal To Rate $0 $4,300 2% $4,301 $8,500 4% $8,501 and above 4.9%

From Less Than or Equal To Rate $0 $4,300 2% $4,301 $8,500 4% $8,501 and above 4.9%

From

Less Than or Equal To

Rate

$0

$4,300

2%

$4,301

$8,500

4%

$8,501 and above

4.9%

(C) Every resident, individual, trust, or estate having net income greater than or equal to eighty-four thousand five hundred one dollars ($84,501) but not greater than eighty-nine thousand one hundred dollars ($89,100) shall reduce the amount of income tax due as determined under subdivision (a)(1)(B) of this section by deducting a bracket adjustment amount in accordance with the table set forth below: From Less Than or Equal To Bracket Adjustment Amount $84,501 $84,600 $460 $84,601 $84,700 $450 $84,701 $84,800 $440 $84,801 $84,900 $430 $84,901 $85,000 $420 $85,001 $85,100 $410 $85,101 $85,200 $400 $85,201 $85,300 $390 $85,301 $85,400 $380 $85,401 $85,500 $370 $85,501 $85,600 $360 $85,601 $85,700 $350 $85,701 $85,800 $340 $85,801 $85,900 $330 $85,901 $86,000 $320 $86,001 $86,100 $310 $86,101 $86,200 $300 $86,201 $86,300 $290 $86,301 $86,400 $280 $86,401 $86,500 $270 $86,501 $86,600 $260 $86,601 $86,700 $250 $86,701 $86,800 $240 $86,801 $86,900 $230 $86,901 $87,000 $220 $87,001 $87,100 $210 $87,101 $87,200 $200 $87,201 $87,300 $190 $87,301 $87,400 $180 $87,401 $87,500 $170 $87,501 $87,600 $160 $87,601 $87,700 $150 $87,701 $87,800 $140 $87,801 $87,900 $130 $87,901 $88,000 $120 $88,001 $88,100 $110 $88,101 $88,200 $100 $88,201 $88,300 $90 $88,301 $88,400 $80 $88,401 $88,500 $70 $88,501 $88,600 $60 $88,601 $88,700 $50 $88,701 $88,800 $40 $88,801 $88,900 $30 $88,901 $89,000 $20 $89,001 $89,100 $10 $89,101 and up $0

From Less Than or Equal To Bracket Adjustment Amount $84,501 $84,600 $460 $84,601 $84,700 $450 $84,701 $84,800 $440 $84,801 $84,900 $430 $84,901 $85,000 $420 $85,001 $85,100 $410 $85,101 $85,200 $400 $85,201 $85,300 $390 $85,301 $85,400 $380 $85,401 $85,500 $370 $85,501 $85,600 $360 $85,601 $85,700 $350 $85,701 $85,800 $340 $85,801 $85,900 $330 $85,901 $86,000 $320 $86,001 $86,100 $310 $86,101 $86,200 $300 $86,201 $86,300 $290 $86,301 $86,400 $280 $86,401 $86,500 $270 $86,501 $86,600 $260 $86,601 $86,700 $250 $86,701 $86,800 $240 $86,801 $86,900 $230 $86,901 $87,000 $220 $87,001 $87,100 $210 $87,101 $87,200 $200 $87,201 $87,300 $190 $87,301 $87,400 $180 $87,401 $87,500 $170 $87,501 $87,600 $160 $87,601 $87,700 $150 $87,701 $87,800 $140 $87,801 $87,900 $130 $87,901 $88,000 $120 $88,001 $88,100 $110 $88,101 $88,200 $100 $88,201 $88,300 $90 $88,301 $88,400 $80 $88,401 $88,500 $70 $88,501 $88,600 $60 $88,601 $88,700 $50 $88,701 $88,800 $40 $88,801 $88,900 $30 $88,901 $89,000 $20 $89,001 $89,100 $10 $89,101 and up $0

From

Less Than or Equal To

Bracket

Adjustment

Amount

$84,501

$84,600

$460

$84,601

$84,700

$450

$84,701

$84,800

$440

$84,801

$84,900

$430

$84,901

$85,000

$420

$85,001

$85,100

$410

$85,101

$85,200

$400

$85,201

$85,300

$390

$85,301

$85,400

$380

$85,401

$85,500

$370

$85,501

$85,600

$360

$85,601

$85,700

$350

$85,701

$85,800

$340

$85,801

$85,900

$330

$85,901

$86,000

$320

$86,001

$86,100

$310

$86,101

$86,200

$300

$86,201

$86,300

$290

$86,301

$86,400

$280

$86,401

$86,500

$270

$86,501

$86,600

$260

$86,601

$86,700

$250

$86,701

$86,800

$240

$86,801

$86,900

$230

$86,901

$87,000

$220

$87,001

$87,100

$210

$87,101

$87,200

$200

$87,201

$87,300

$190

$87,301

$87,400

$180

$87,401

$87,500

$170

$87,501

$87,600

$160

$87,601

$87,700

$150

$87,701

$87,800

$140

$87,801

$87,900

$130

$87,901

$88,000

$120

$88,001

$88,100

$110

$88,101

$88,200

$100

$88,201

$88,300

$90

$88,301

$88,400

$80

$88,401

$88,500

$70

$88,501

$88,600

$60

$88,601

$88,700

$50

$88,701

$88,800

$40

$88,801

$88,900

$30

$88,901

$89,000

$20

$89,001

$89,100

$10

$89,101 and up

$0

(2) For tax years beginning on or after January 1, 2023: (A) Every resident, individual, trust, or estate having net income less than or equal to eighty-seven thousand dollars ($87,000) shall determine the amount of income tax due under this subsection in accordance with the table set forth below: From Less Than or Equal To Rate $0 $5,099 0% $5,100 $10,299 2% $10,300 $14,699 3% $14,700 $24,299 3.4% $24,300 $87,000 4.7% (B) Every resident, individual, trust, or estate having net income greater than eighty-seven thousand dollars ($87,000) shall determine the amount of income tax due under this subsection in accordance with the table set forth below: From Less Than or Equal To Rate $0 $4,400 2% $4,401 $8,800 4% $8,801 and above 4.7% (C) Every resident, individual, trust, or estate having net income greater than or equal to eighty-seven thousand one dollars ($87,001) but not greater than ninety-one thousand three hundred dollars ($91,300) shall reduce the amount of income tax due as determined under subdivision (a)(2)(B) of this section by deducting a bracket adjustment amount in accordance with the table set forth below: From Less Than or Equal To Bracket Adjustment Amount $87,001 $87,100 $430 $87,101 $87,200 $420 $87,201 $87,300 $410 $87,301 $87,400 $400 $87,401 $87,500 $390 $87,501 $87,600 $380 $87,601 $87,700 $370 $87,701 $87,800 $360 $87,801 $87,900 $350 $87,901 $88,000 $340 $88,001 $88,100 $330 $88,101 $88,200 $320 $88,201 $88,300 $310 $88,301 $88,400 $300 $88,401 $88,500 $290 $88,501 $88,600 $280 $88,601 $88,700 $270 $88,701 $88,800 $260 $88,801 $88,900 $250 $88,901 $89,000 $240 $89,001 $89,100 $230 $89,101 $89,200 $220 $89,201 $89,300 $210 $89,301 $89,400 $200 $89,401 $89,500 $190 $89,501 $89,600 $180 $89,601 $89,700 $170 $89,701 $89,800 $160 $89,801 $89,900 $150 $89,901 $90,000 $140 $90,001 $90,100 $130 $90,101 $90,200 $120 $90,201 $90,300 $110 $90,301 $90,400 $100 $90,401 $90,500 $90 $90,501 $90,600 $80 $90,601 $90,700 $70 $90,701 $90,800 $60 $90,801 $90,900 $50 $90,901 $91,000 $40 $91,001 $91,100 $30 $91,101 $91,200 $20 $91,201 $91,300 $10 $91,301 and up $0

(A) Every resident, individual, trust, or estate having net income less than or equal to eighty-seven thousand dollars ($87,000) shall determine the amount of income tax due under this subsection in accordance with the table set forth below: From Less Than or Equal To Rate $0 $5,099 0% $5,100 $10,299 2% $10,300 $14,699 3% $14,700 $24,299 3.4% $24,300 $87,000 4.7%

From Less Than or Equal To Rate $0 $5,099 0% $5,100 $10,299 2% $10,300 $14,699 3% $14,700 $24,299 3.4% $24,300 $87,000 4.7%

From

Less Than or Equal To

Rate

$0

$5,099

0%

$5,100

$10,299

2%

$10,300

$14,699

3%

$14,700

$24,299

3.4%

$24,300

$87,000

4.7%

(B) Every resident, individual, trust, or estate having net income greater than eighty-seven thousand dollars ($87,000) shall determine the amount of income tax due under this subsection in accordance with the table set forth below: From Less Than or Equal To Rate $0 $4,400 2% $4,401 $8,800 4% $8,801 and above 4.7%

From Less Than or Equal To Rate $0 $4,400 2% $4,401 $8,800 4% $8,801 and above 4.7%

From

Less Than or Equal To

Rate

$0

$4,400

2%

$4,401

$8,800

4%

$8,801 and above

4.7%

(C) Every resident, individual, trust, or estate having net income greater than or equal to eighty-seven thousand one dollars ($87,001) but not greater than ninety-one thousand three hundred dollars ($91,300) shall reduce the amount of income tax due as determined under subdivision (a)(2)(B) of this section by deducting a bracket adjustment amount in accordance with the table set forth below: From Less Than or Equal To Bracket Adjustment Amount $87,001 $87,100 $430 $87,101 $87,200 $420 $87,201 $87,300 $410 $87,301 $87,400 $400 $87,401 $87,500 $390 $87,501 $87,600 $380 $87,601 $87,700 $370 $87,701 $87,800 $360 $87,801 $87,900 $350 $87,901 $88,000 $340 $88,001 $88,100 $330 $88,101 $88,200 $320 $88,201 $88,300 $310 $88,301 $88,400 $300 $88,401 $88,500 $290 $88,501 $88,600 $280 $88,601 $88,700 $270 $88,701 $88,800 $260 $88,801 $88,900 $250 $88,901 $89,000 $240 $89,001 $89,100 $230 $89,101 $89,200 $220 $89,201 $89,300 $210 $89,301 $89,400 $200 $89,401 $89,500 $190 $89,501 $89,600 $180 $89,601 $89,700 $170 $89,701 $89,800 $160 $89,801 $89,900 $150 $89,901 $90,000 $140 $90,001 $90,100 $130 $90,101 $90,200 $120 $90,201 $90,300 $110 $90,301 $90,400 $100 $90,401 $90,500 $90 $90,501 $90,600 $80 $90,601 $90,700 $70 $90,701 $90,800 $60 $90,801 $90,900 $50 $90,901 $91,000 $40 $91,001 $91,100 $30 $91,101 $91,200 $20 $91,201 $91,300 $10 $91,301 and up $0

From Less Than or Equal To Bracket Adjustment Amount $87,001 $87,100 $430 $87,101 $87,200 $420 $87,201 $87,300 $410 $87,301 $87,400 $400 $87,401 $87,500 $390 $87,501 $87,600 $380 $87,601 $87,700 $370 $87,701 $87,800 $360 $87,801 $87,900 $350 $87,901 $88,000 $340 $88,001 $88,100 $330 $88,101 $88,200 $320 $88,201 $88,300 $310 $88,301 $88,400 $300 $88,401 $88,500 $290 $88,501 $88,600 $280 $88,601 $88,700 $270 $88,701 $88,800 $260 $88,801 $88,900 $250 $88,901 $89,000 $240 $89,001 $89,100 $230 $89,101 $89,200 $220 $89,201 $89,300 $210 $89,301 $89,400 $200 $89,401 $89,500 $190 $89,501 $89,600 $180 $89,601 $89,700 $170 $89,701 $89,800 $160 $89,801 $89,900 $150 $89,901 $90,000 $140 $90,001 $90,100 $130 $90,101 $90,200 $120 $90,201 $90,300 $110 $90,301 $90,400 $100 $90,401 $90,500 $90 $90,501 $90,600 $80 $90,601 $90,700 $70 $90,701 $90,800 $60 $90,801 $90,900 $50 $90,901 $91,000 $40 $91,001 $91,100 $30 $91,101 $91,200 $20 $91,201 $91,300 $10 $91,301 and up $0

From

Less Than or Equal To

Bracket Adjustment Amount

$87,001

$87,100

$430

$87,101

$87,200

$420

$87,201

$87,300

$410

$87,301

$87,400

$400

$87,401

$87,500

$390

$87,501

$87,600

$380

$87,601

$87,700

$370

$87,701

$87,800

$360

$87,801

$87,900

$350

$87,901

$88,000

$340

$88,001

$88,100

$330

$88,101

$88,200

$320

$88,201

$88,300

$310

$88,301

$88,400

$300

$88,401

$88,500

$290

$88,501

$88,600

$280

$88,601

$88,700

$270

$88,701

$88,800

$260

$88,801

$88,900

$250

$88,901

$89,000

$240

$89,001

$89,100

$230

$89,101

$89,200

$220

$89,201

$89,300

$210

$89,301

$89,400

$200

$89,401

$89,500

$190

$89,501

$89,600

$180

$89,601

$89,700

$170

$89,701

$89,800

$160

$89,801

$89,900

$150

$89,901

$90,000

$140

$90,001

$90,100

$130

$90,101

$90,200

$120

$90,201

$90,300

$110

$90,301

$90,400

$100

$90,401

$90,500

$90

$90,501

$90,600

$80

$90,601

$90,700

$70

$90,701

$90,800

$60

$90,801

$90,900

$50

$90,901

$91,000

$40

$91,001

$91,100

$30

$91,101

$91,200

$20

$91,201

$91,300

$10

$91,301 and up

$0

(3) For tax years beginning on or after January 1, 2024: (A) Every resident, individual, trust, or estate having net income less than or equal to eighty-nine thousand six hundred dollars ($89,600) shall determine the amount of income tax due under this subsection in accordance with the table set forth below: From Less Than or Equal To Rate $0 $5,299 0% $5,300 $10,599 2% $10,600 $15,099 3% $15,100 $24,999 3.4% $25,000 $89,600 3.9% (B) Every resident, individual, trust, or estate having net income greater than eighty-nine thousand six hundred dollars ($89,600) shall determine the amount of income tax due under this subsection in accordance with the table set forth below: From Less Than or Equal To Rate $0 $4,500 2% $4,501 and above 3.9% (C) Every resident, individual, trust, or estate having net income greater than or equal to eighty-nine thousand six hundred one dollars ($89,601) but not greater than ninety-two thousand seven hundred dollars ($92,700) shall reduce the amount of income tax due as determined under subdivision (a)(3)(B) of this section by deducting a bracket adjustment amount in accordance with the table set forth below: From Less Than or Equal To Bracket Adjustment Amount $89,601 $89,700 $310 $89,701 $89,800 $300 $89,801 $89,900 $290 $89,901 $90,000 $280 $90,001 $90,100 $270 $90,101 $90,200 $260 $90,201 $90,300 $250 $90,301 $90,400 $240 $90,401 $90,500 $230 $90,501 $90,600 $220 $90,601 $90,700 $210 $90,701 $90,800 $200 $90,801 $90,900 $190 $90,901 $91,000 $180 $91,001 $91,100 $170 $91,101 $91,200 $160 $91,201 $91,300 $150 $91,301 $91,400 $140 $91,401 $91,500 $130 $91,501 $91,600 $120 $91,601 $91,700 $110 $91,701 $91,800 $100 $91,801 $91,900 $90 $91,901 $92,000 $80 $92,001 $92,100 $70 $92,101 $92,200 $60 $92,201 $92,300 $50 $92,301 $92,400 $40 $92,401 $92,500 $30 $92,501 $92,600 $20 $92,601 $92,700 $10 $92,701 and up $0

(A) Every resident, individual, trust, or estate having net income less than or equal to eighty-nine thousand six hundred dollars ($89,600) shall determine the amount of income tax due under this subsection in accordance with the table set forth below: From Less Than or Equal To Rate $0 $5,299 0% $5,300 $10,599 2% $10,600 $15,099 3% $15,100 $24,999 3.4% $25,000 $89,600 3.9%

From

Less Than or Equal To

Rate

$0

$5,299

0%

$5,300

$10,599

2%

$10,600

$15,099

3%

$15,100

$24,999

3.4%

$25,000

$89,600

3.9%

(B) Every resident, individual, trust, or estate having net income greater than eighty-nine thousand six hundred dollars ($89,600) shall determine the amount of income tax due under this subsection in accordance with the table set forth below: From Less Than or Equal To Rate $0 $4,500 2% $4,501 and above 3.9%

From

Less Than or Equal To

Rate

$0

$4,500

2%

$4,501 and above

3.9%

(C) Every resident, individual, trust, or estate having net income greater than or equal to eighty-nine thousand six hundred one dollars ($89,601) but not greater than ninety-two thousand seven hundred dollars ($92,700) shall reduce the amount of income tax due as determined under subdivision (a)(3)(B) of this section by deducting a bracket adjustment amount in accordance with the table set forth below: From Less Than or Equal To Bracket Adjustment Amount $89,601 $89,700 $310 $89,701 $89,800 $300 $89,801 $89,900 $290 $89,901 $90,000 $280 $90,001 $90,100 $270 $90,101 $90,200 $260 $90,201 $90,300 $250 $90,301 $90,400 $240 $90,401 $90,500 $230 $90,501 $90,600 $220 $90,601 $90,700 $210 $90,701 $90,800 $200 $90,801 $90,900 $190 $90,901 $91,000 $180 $91,001 $91,100 $170 $91,101 $91,200 $160 $91,201 $91,300 $150 $91,301 $91,400 $140 $91,401 $91,500 $130 $91,501 $91,600 $120 $91,601 $91,700 $110 $91,701 $91,800 $100 $91,801 $91,900 $90 $91,901 $92,000 $80 $92,001 $92,100 $70 $92,101 $92,200 $60 $92,201 $92,300 $50 $92,301 $92,400 $40 $92,401 $92,500 $30 $92,501 $92,600 $20 $92,601 $92,700 $10 $92,701 and up $0

From

Less Than or Equal To

Bracket Adjustment Amount

$89,601

$89,700

$310

$89,701

$89,800

$300

$89,801

$89,900

$290

$89,901

$90,000

$280

$90,001

$90,100

$270

$90,101

$90,200

$260

$90,201

$90,300

$250

$90,301

$90,400

$240

$90,401

$90,500

$230

$90,501

$90,600

$220

$90,601

$90,700

$210

$90,701

$90,800

$200

$90,801

$90,900

$190

$90,901

$91,000

$180

$91,001

$91,100

$170

$91,101

$91,200

$160

$91,201

$91,300

$150

$91,301

$91,400

$140

$91,401

$91,500

$130

$91,501

$91,600

$120

$91,601

$91,700

$110

$91,701

$91,800

$100

$91,801

$91,900

$90

$91,901

$92,000

$80

$92,001

$92,100

$70

$92,101

$92,200

$60

$92,201

$92,300

$50

$92,301

$92,400

$40

$92,401

$92,500

$30

$92,501

$92,600

$20

$92,601

$92,700

$10

$92,701 and up

$0

(4) The tables set forth in subdivisions (a)(1)-(3) of this section shall be adjusted annually in accordance with the method set forth in subsection (d) of this section.

(b) However, no state income tax shall be due this state from a trust or estate created by a nonresident donor, trustor, or settlor, or by a nonresident testator even though administered by a resident trustee or personal representative except on income derived from: (1) Lands situated in this state, including gains from any sale thereof; (2) Any interest in lands situated in this state, including, without limitation, chattels real, including gains from any sale thereof; (3) Tangible personal property located in Arkansas, including gains from any sale thereof; and (4) Unincorporated businesses domiciled in Arkansas.

(1) Lands situated in this state, including gains from any sale thereof;

(2) Any interest in lands situated in this state, including, without limitation, chattels real, including gains from any sale thereof;

(3) Tangible personal property located in Arkansas, including gains from any sale thereof; and

(4) Unincorporated businesses domiciled in Arkansas.

(c) No income tax shall be due the State of Arkansas from a nonresident beneficiary on income received from a trust being administered by a resident trustee except on income derived by the trust from: (1) Lands situated in this state, including gains from any sale thereof; (2) Any interest in lands situated in this state, including, without limitation, chattels real, including gains from any sale thereof; (3) Tangible personal property located in Arkansas, including gains from any sale thereof; and (4) Unincorporated businesses domiciled in Arkansas.

(1) Lands situated in this state, including gains from any sale thereof;

(2) Any interest in lands situated in this state, including, without limitation, chattels real, including gains from any sale thereof;

(3) Tangible personal property located in Arkansas, including gains from any sale thereof; and

(4) Unincorporated businesses domiciled in Arkansas.

(d) (1) The Secretary of the Department of Finance and Administration shall prescribe annually tables that shall apply in lieu of the tables contained in subsection (a) of this section with respect to each succeeding taxable year. The secretary shall increase the minimum and maximum dollar amounts for each rate bracket, rounding to the nearest one hundred dollars ($100), for which a tax is imposed under the table by the cost-of-living adjustment for each calendar year and by not changing the rate applicable to any rate bracket as adjusted. (2) For purposes of subdivision (d)(1) of this section, the cost-of-living adjustment for a calendar year is the percentage, if any, by which the CPI for the current calendar year exceeds the CPI for the preceding calendar year, not to exceed three percent (3%). The CPI for any calendar year is the average of the Consumer Price Index as of the close of the twelve-month period ending on August 31 of such calendar year. "Consumer Price Index" means the last Consumer Price Index for All Urban Consumers published by the United States Department of Labor. (3) The new tables, as adjusted annually, shall be used by the secretary in preparing the income tax withholding tables pursuant to § 26-51-907 .

(1) The Secretary of the Department of Finance and Administration shall prescribe annually tables that shall apply in lieu of the tables contained in subsection (a) of this section with respect to each succeeding taxable year. The secretary shall increase the minimum and maximum dollar amounts for each rate bracket, rounding to the nearest one hundred dollars ($100), for which a tax is imposed under the table by the cost-of-living adjustment for each calendar year and by not changing the rate applicable to any rate bracket as adjusted.

(2) For purposes of subdivision (d)(1) of this section, the cost-of-living adjustment for a calendar year is the percentage, if any, by which the CPI for the current calendar year exceeds the CPI for the preceding calendar year, not to exceed three percent (3%). The CPI for any calendar year is the average of the Consumer Price Index as of the close of the twelve-month period ending on August 31 of such calendar year. "Consumer Price Index" means the last Consumer Price Index for All Urban Consumers published by the United States Department of Labor.

(3) The new tables, as adjusted annually, shall be used by the secretary in preparing the income tax withholding tables pursuant to § 26-51-907 .

(e) (1) Title 26 U.S.C. §§ 671 - 679 , as in effect on January 1, 2019, are adopted for purposes of determining whether the grantor or another person shall be treated as the owner of a portion of a trust for Arkansas income tax purposes. (2) A grantor or other person described in 26 U.S.C. §§ 671 - 679 , as in effect on January 1, 2019, is subject to the filing and reporting requirements of § 26-51-806 .

(1) Title 26 U.S.C. §§ 671 - 679 , as in effect on January 1, 2019, are adopted for purposes of determining whether the grantor or another person shall be treated as the owner of a portion of a trust for Arkansas income tax purposes.

(2) A grantor or other person described in 26 U.S.C. §§ 671 - 679 , as in effect on January 1, 2019, is subject to the filing and reporting requirements of § 26-51-806 .

Amended by Act 2024EX2, No. 4,§ 1, eff. 6/19/2024.

Amended by Act 2024EX2, No. 1,§ 1, eff. 6/19/2024.

Amended by Act 2023EX1, No. 6,§ 1, eff. 9/14/2023.

Amended by Act 2023, No. 532,§ 2, eff. 8/1/2023.

Amended by Act 2023, No. 532,§ 1, eff. 8/1/2023.

Amended by Act 2022EX3, No. 2,§ 1, eff. for tax years beginning on or after January 1, 2022.

Amended by Act 2022EX3, No. 1,§ 1, eff. for tax years beginning on or after January 1, 2022.

Amended by Act 2021EX2, No. 2,§ 5, eff. for tax years beginning on or after January 1, 2022.

Amended by Act 2021EX2, No. 1,§ 5, eff. for tax years beginning on or after January 1, 2022.

Amended by Act 2019, No. 1027,§ 2, eff. for tax years beginning on or after 1/1/2020.

Amended by Act 2019, No. 182,§ 3, eff. for tax years beginning on or after 1/1/2020.

Amended by Act 2019, No. 910,§ 3706, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3705, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3704, eff. 7/1/2019.

Amended by Act 2019, No. 182,§ 4, eff. 2/19/2019.

Amended by Act 2017, No. 79,§ 2, eff. for tax years beginning on and after 1/1/2019.

Amended by Act 2015, No. 709,§ 1, eff. for tax years beginning on and after January 1, 2015.

Amended by Act 2015, No. 22,§ 2, eff. 2/6/2015.

Amended by Act 2013, No. 1459,§ 2, eff. 8/16/2013.

Amended by Act 2013, No. 1459,§ 1, eff. 8/16/2013.

Acts 1929, No. 118, Art. 2, § 3; Pope's Dig., § 14026; Acts 1957, No. 20, § 1; 1961, No. 34, § 1; 1967, No. 46, § 1; 1971, No. 221, § 1; 1973, No. 215, §§ 1, 2; A.S.A. 1947, § 84-2003; Acts 1997, No. 328, § 5.
Ark. Code Ann. § 26-52-509 — AR Code / Title 26 / Chapter 52 / Subchapter 5 / Section 26-52-509
Direct payment of tax by consumer or user generally - Definition
Status: in_force

(a) (1) The Secretary of the Department of Finance and Administration by agreement with any consumer or user may: (A) Permit a consumer or user under the agreement to accrue and remit gross receipts taxes directly to the Department of Finance and Administration, instead of the taxes being collected and paid by the seller under § 26-52-508 ; and (B) (i) Issue limited direct pay authority to permit a user or consumer to accrue and remit gross receipts and compensating use taxes on purchases that include eligible purchases. (ii) (a) A limited direct pay agreement permits a consumer or user to accrue and remit gross receipts and compensating use taxes on purchases that include eligible purchases. (b) As used in this section, "eligible purchases" means property or services subject to a refund of tax under §§ 26-52-447 and 26-53-149 . (iii) (a) A limited direct pay agreement is available only to a person eligible for a refund of tax under §§ 26-52-447 and 26-53-149 . (b) A person holding a limited direct pay permit shall use the permit only to make purchases that include eligible purchases. (2) (A) A seller that receives a claim for exemption from a customer based on a limited direct pay permit shall not collect and remit gross receipts or compensating use taxes on purchases that include eligible purchases made by a person holding a limited direct pay permit. (B) However, if a seller collects and remits gross receipts or compensating use taxes on eligible purchases from a person holding a limited direct pay permit, a refund may be obtained under § 26-18-507 . (3) A person who has entered into a limited direct pay agreement under this section and makes purchases of property or services under the authority of that agreement without paying the gross receipts or compensating use taxes due on those purchases is responsible for remitting the proper amount of tax due to the secretary as required by law. (4) (A) A seller shall collect and remit gross receipts and compensating use taxes on purchases made by a person holding a limited direct pay permit that are not eligible purchases. (B) If a seller relies on the limited direct pay permit and fails to properly collect tax on sales other than eligible purchases, the limited direct pay permit holder shall remit the proper amount of tax to the state as required under subdivision (a)(3) of this section. (5) This section does not eliminate the requirement that a consumer or user self-assess and remit compensating use tax under §§ 26-53-123 - 26-53-125 . (b) The agreements may be revoked at any time by the secretary whenever the secretary determines that the revocation thereof should be in the best interests of collection of gross receipts taxes. (c) A consumer or user being permitted to report gross receipts taxes directly to the department shall not be entitled to any discount for any collection and shall be subject to all provisions of this chapter in the same manner as the taxpayer liable to remit taxes under this chapter. (d) This section is supplemental to this chapter. Amended by Act 2019, No. 910,§ 3872, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3871, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3870, eff. 7/1/2019. Amended by Act 2015, No. 1107,§ 2, eff. 4/6/2015. Acts 1975, No. 800, §§ 1, 2; 1979, No. 401, § 47; A.S.A. 1947, §§ 84-1945, 84-1945n.

(a) (1) The Secretary of the Department of Finance and Administration by agreement with any consumer or user may: (A) Permit a consumer or user under the agreement to accrue and remit gross receipts taxes directly to the Department of Finance and Administration, instead of the taxes being collected and paid by the seller under § 26-52-508 ; and (B) (i) Issue limited direct pay authority to permit a user or consumer to accrue and remit gross receipts and compensating use taxes on purchases that include eligible purchases. (ii) (a) A limited direct pay agreement permits a consumer or user to accrue and remit gross receipts and compensating use taxes on purchases that include eligible purchases. (b) As used in this section, "eligible purchases" means property or services subject to a refund of tax under §§ 26-52-447 and 26-53-149 . (iii) (a) A limited direct pay agreement is available only to a person eligible for a refund of tax under §§ 26-52-447 and 26-53-149 . (b) A person holding a limited direct pay permit shall use the permit only to make purchases that include eligible purchases. (2) (A) A seller that receives a claim for exemption from a customer based on a limited direct pay permit shall not collect and remit gross receipts or compensating use taxes on purchases that include eligible purchases made by a person holding a limited direct pay permit. (B) However, if a seller collects and remits gross receipts or compensating use taxes on eligible purchases from a person holding a limited direct pay permit, a refund may be obtained under § 26-18-507 . (3) A person who has entered into a limited direct pay agreement under this section and makes purchases of property or services under the authority of that agreement without paying the gross receipts or compensating use taxes due on those purchases is responsible for remitting the proper amount of tax due to the secretary as required by law. (4) (A) A seller shall collect and remit gross receipts and compensating use taxes on purchases made by a person holding a limited direct pay permit that are not eligible purchases. (B) If a seller relies on the limited direct pay permit and fails to properly collect tax on sales other than eligible purchases, the limited direct pay permit holder shall remit the proper amount of tax to the state as required under subdivision (a)(3) of this section. (5) This section does not eliminate the requirement that a consumer or user self-assess and remit compensating use tax under §§ 26-53-123 - 26-53-125 .

(1) The Secretary of the Department of Finance and Administration by agreement with any consumer or user may: (A) Permit a consumer or user under the agreement to accrue and remit gross receipts taxes directly to the Department of Finance and Administration, instead of the taxes being collected and paid by the seller under § 26-52-508 ; and (B) (i) Issue limited direct pay authority to permit a user or consumer to accrue and remit gross receipts and compensating use taxes on purchases that include eligible purchases. (ii) (a) A limited direct pay agreement permits a consumer or user to accrue and remit gross receipts and compensating use taxes on purchases that include eligible purchases. (b) As used in this section, "eligible purchases" means property or services subject to a refund of tax under §§ 26-52-447 and 26-53-149 . (iii) (a) A limited direct pay agreement is available only to a person eligible for a refund of tax under §§ 26-52-447 and 26-53-149 . (b) A person holding a limited direct pay permit shall use the permit only to make purchases that include eligible purchases.

(A) Permit a consumer or user under the agreement to accrue and remit gross receipts taxes directly to the Department of Finance and Administration, instead of the taxes being collected and paid by the seller under § 26-52-508 ; and

(B) (i) Issue limited direct pay authority to permit a user or consumer to accrue and remit gross receipts and compensating use taxes on purchases that include eligible purchases. (ii) (a) A limited direct pay agreement permits a consumer or user to accrue and remit gross receipts and compensating use taxes on purchases that include eligible purchases. (b) As used in this section, "eligible purchases" means property or services subject to a refund of tax under §§ 26-52-447 and 26-53-149 . (iii) (a) A limited direct pay agreement is available only to a person eligible for a refund of tax under §§ 26-52-447 and 26-53-149 . (b) A person holding a limited direct pay permit shall use the permit only to make purchases that include eligible purchases.

(i) Issue limited direct pay authority to permit a user or consumer to accrue and remit gross receipts and compensating use taxes on purchases that include eligible purchases.

(ii) (a) A limited direct pay agreement permits a consumer or user to accrue and remit gross receipts and compensating use taxes on purchases that include eligible purchases. (b) As used in this section, "eligible purchases" means property or services subject to a refund of tax under §§ 26-52-447 and 26-53-149 .

(a) A limited direct pay agreement permits a consumer or user to accrue and remit gross receipts and compensating use taxes on purchases that include eligible purchases.

(b) As used in this section, "eligible purchases" means property or services subject to a refund of tax under §§ 26-52-447 and 26-53-149 .

(iii) (a) A limited direct pay agreement is available only to a person eligible for a refund of tax under §§ 26-52-447 and 26-53-149 . (b) A person holding a limited direct pay permit shall use the permit only to make purchases that include eligible purchases.

(a) A limited direct pay agreement is available only to a person eligible for a refund of tax under §§ 26-52-447 and 26-53-149 .

(b) A person holding a limited direct pay permit shall use the permit only to make purchases that include eligible purchases.

(2) (A) A seller that receives a claim for exemption from a customer based on a limited direct pay permit shall not collect and remit gross receipts or compensating use taxes on purchases that include eligible purchases made by a person holding a limited direct pay permit. (B) However, if a seller collects and remits gross receipts or compensating use taxes on eligible purchases from a person holding a limited direct pay permit, a refund may be obtained under § 26-18-507 .

(A) A seller that receives a claim for exemption from a customer based on a limited direct pay permit shall not collect and remit gross receipts or compensating use taxes on purchases that include eligible purchases made by a person holding a limited direct pay permit.

(B) However, if a seller collects and remits gross receipts or compensating use taxes on eligible purchases from a person holding a limited direct pay permit, a refund may be obtained under § 26-18-507 .

(3) A person who has entered into a limited direct pay agreement under this section and makes purchases of property or services under the authority of that agreement without paying the gross receipts or compensating use taxes due on those purchases is responsible for remitting the proper amount of tax due to the secretary as required by law.

(4) (A) A seller shall collect and remit gross receipts and compensating use taxes on purchases made by a person holding a limited direct pay permit that are not eligible purchases. (B) If a seller relies on the limited direct pay permit and fails to properly collect tax on sales other than eligible purchases, the limited direct pay permit holder shall remit the proper amount of tax to the state as required under subdivision (a)(3) of this section.

(A) A seller shall collect and remit gross receipts and compensating use taxes on purchases made by a person holding a limited direct pay permit that are not eligible purchases.

(B) If a seller relies on the limited direct pay permit and fails to properly collect tax on sales other than eligible purchases, the limited direct pay permit holder shall remit the proper amount of tax to the state as required under subdivision (a)(3) of this section.

(5) This section does not eliminate the requirement that a consumer or user self-assess and remit compensating use tax under §§ 26-53-123 - 26-53-125 .

(b) The agreements may be revoked at any time by the secretary whenever the secretary determines that the revocation thereof should be in the best interests of collection of gross receipts taxes.

(c) A consumer or user being permitted to report gross receipts taxes directly to the department shall not be entitled to any discount for any collection and shall be subject to all provisions of this chapter in the same manner as the taxpayer liable to remit taxes under this chapter.

(d) This section is supplemental to this chapter.

Amended by Act 2019, No. 910,§ 3872, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3871, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3870, eff. 7/1/2019.

Amended by Act 2015, No. 1107,§ 2, eff. 4/6/2015.

Acts 1975, No. 800, §§ 1, 2; 1979, No. 401, § 47; A.S.A. 1947, §§ 84-1945, 84-1945n.
Ark. Code Ann. § 26-55-217 — AR Code / Title 26 / Chapter 55 / Subchapter 2 / Section 26-55-217
Distributor's license - Display required
Status: in_force

(a) The license certificate issued by the Secretary of the Department of Finance and Administration shall be displayed conspicuously in the principal place of business of the distributor in the State of Arkansas. (b) A certified duplicate copy of the license certificate shall be displayed conspicuously at each separate place of business of the distributor in the State of Arkansas. By appropriate language, the copy shall refer to and identify the agent of the distributor in charge of the separate place of business of the distributor. Amended by Act 2019, No. 910,§ 3946, eff. 7/1/2019. Acts 1941, No. 383, § 7; 1943, No. 250, § 1; 1945, No. 166, § 1; A.S.A. 1947, § 75-1109.

(a) The license certificate issued by the Secretary of the Department of Finance and Administration shall be displayed conspicuously in the principal place of business of the distributor in the State of Arkansas.

(b) A certified duplicate copy of the license certificate shall be displayed conspicuously at each separate place of business of the distributor in the State of Arkansas. By appropriate language, the copy shall refer to and identify the agent of the distributor in charge of the separate place of business of the distributor.

Amended by Act 2019, No. 910,§ 3946, eff. 7/1/2019.

Acts 1941, No. 383, § 7; 1943, No. 250, § 1; 1945, No. 166, § 1; A.S.A. 1947, § 75-1109.
Ark. Code Ann. § 26-51-2405 — AR Code / Title 26 / Chapter 51 / Subchapter 24 / Section 26-51-2405
Eligibility certificate
Status: in_force

(a) After a property to be rehabilitated or developed is designated a qualified project under § 26-51-2404 and the taxpayer completes the rehabilitation or development work, the taxpayer shall submit to the governing body of the central business improvement district where the eligible central business improvement district property is located all documentation and forms required by the governing body of the municipality and the governing body of the central business improvement district to verify that the qualified project has been completed. (b) If the governing body of the central business improvement district determines that the qualified project has been successfully completed, the governing body of the central business improvement district shall issue an eligibility certificate. (c) (1) If the taxpayer is dissatisfied with the determination made by the governing body of the central business improvement district under subsection (b) of this section, the taxpayer may request that a review of that determination be made by the governing body of the municipality. (2) (A) The request for review shall be made in writing to the governing body of the municipality within thirty (30) days from the date of the determination of the governing body of the central business improvement district under subsection (b) of this section. (B) The decision of the governing body of the municipality is a final decision. (d) Upon issuance of an eligibility certificate, the governing body of the central business improvement district immediately shall report in writing to the Department of Finance and Administration: (1) The name and address of the taxpayer; (2) The taxpayer identification number; (3) The date of issuance of the eligibility certificate; (4) The amount of the eligibility certificate; and (5) Any other information as determined necessary by the department. Acts 2011, No. 1166, § 1.

(a) After a property to be rehabilitated or developed is designated a qualified project under § 26-51-2404 and the taxpayer completes the rehabilitation or development work, the taxpayer shall submit to the governing body of the central business improvement district where the eligible central business improvement district property is located all documentation and forms required by the governing body of the municipality and the governing body of the central business improvement district to verify that the qualified project has been completed.

(b) If the governing body of the central business improvement district determines that the qualified project has been successfully completed, the governing body of the central business improvement district shall issue an eligibility certificate.

(c) (1) If the taxpayer is dissatisfied with the determination made by the governing body of the central business improvement district under subsection (b) of this section, the taxpayer may request that a review of that determination be made by the governing body of the municipality. (2) (A) The request for review shall be made in writing to the governing body of the municipality within thirty (30) days from the date of the determination of the governing body of the central business improvement district under subsection (b) of this section. (B) The decision of the governing body of the municipality is a final decision.

(1) If the taxpayer is dissatisfied with the determination made by the governing body of the central business improvement district under subsection (b) of this section, the taxpayer may request that a review of that determination be made by the governing body of the municipality.

(2) (A) The request for review shall be made in writing to the governing body of the municipality within thirty (30) days from the date of the determination of the governing body of the central business improvement district under subsection (b) of this section. (B) The decision of the governing body of the municipality is a final decision.

(A) The request for review shall be made in writing to the governing body of the municipality within thirty (30) days from the date of the determination of the governing body of the central business improvement district under subsection (b) of this section.

(B) The decision of the governing body of the municipality is a final decision.

(d) Upon issuance of an eligibility certificate, the governing body of the central business improvement district immediately shall report in writing to the Department of Finance and Administration: (1) The name and address of the taxpayer; (2) The taxpayer identification number; (3) The date of issuance of the eligibility certificate; (4) The amount of the eligibility certificate; and (5) Any other information as determined necessary by the department.

(1) The name and address of the taxpayer;

(2) The taxpayer identification number;

(3) The date of issuance of the eligibility certificate;

(4) The amount of the eligibility certificate; and

(5) Any other information as determined necessary by the department.

Acts 2011, No. 1166, § 1.
Ark. Code Ann. § 26-26-407 — AR Code / Title 26 / Chapter 26 / Subchapter 4 / Section 26-26-407
Valuation of different types and uses of property
Status: in_force

(a) Residential property used solely as the principal place of residence of the owner shall be assessed in accordance with its value as a residence, so long as the property is used as the principal place of residence of the owner and shall not be assessed in accordance with some other method of valuation until the property ceases to be used for the residential purpose. (b) (1) (A) Agricultural land, pasture land, and timberland valuation shall be based on the productivity of the agricultural land, pasture land, or timberland soil. (B) Agricultural land, pasture land, and timberland guidelines shall be developed based on the typical or most probable use of the soils for agricultural land, pasture land, and timberland in the region. (2) Land that is enrolled in the Wetlands Reserve Program of the Natural Resources Conservation Service of the United States Department of Agriculture or in the Conservation Reserve Program of the Natural Resources Conservation Service of the United States Department of Agriculture shall be treated as agricultural land, pasture land, or timberland for purposes of valuation. (c) (1) Commercial land and residential land that are vacant shall be valued on their typical use. (2) The county assessor shall determine what the typical use of vacant commercial land or residential land is by considering the primary current use of adjacent lands. (d) (1) For real property in which the mineral estate and surface estate are severed, if a surface estate owner's use and enjoyment of the surface estate are adversely affected by a severed mineral estate owner's use and enjoyment of the severed mineral estate, or a surface estate owner's utility of the surface estate interest is adversely affected by a severed mineral estate owner's use and enjoyment of the severed mineral estate, the assessment of the surface estate is as follows: (A) For agricultural land, pasture land, or timberland, a well drilled for the purpose of extracting minerals from a severed mineral estate creates a presumption of diminished utility of the surface estate, and the assessed value of the affected surface estate shall reflect the minimum productivity value of the surface estate and shall be reduced accordingly; and (B) For residential property and commercial property, a well drilled for the purpose of extracting minerals from a severed mineral estate creates a presumption of diminished utility of the surface estate, and the assessed value of the affected surface estate shall reflect the diminished utility of the surface estate and reduced accordingly. (2) Unless market evidence indicates an increase in land area value or an increase in value of the surface estate, the portion of the surface estate for which a presumption of diminished utility exists under subdivision (d)(1) of this section shall not exceed one (1) acre per well, and the value of the surface estate for that one (1) acre shall be assessed in an amount not to exceed twenty-five percent (25%) less than surrounding comparable property. (e) (1) The county equalization board may reclassify land upon proof of change in use of the land or upon proof that the land is not eligible for classification under the provisions of this section. (2) The owner may appeal the decisions of the county assessor and county equalization board as provided by law for other appeals from the county assessor or county equalization board. (f) (1) In devising and developing methods of assessing and levying the ad valorem property tax on real property, the Assessment Coordination Division shall annually develop and publish valuation tables and other data that shall be used by county assessors for assessing lands qualifying under this subchapter. (2) (A) Each year the division shall update the valuation tables for assessing lands qualifying as agricultural land, pasture land, and timber land in time for counties to use the updated tables when they finish their countywide appraisals. (B) When there is a countywide reappraisal, a county shall assess agricultural land, pasture land, and timberland based upon the updated land values in the valuation tables issued for the assessment year. (3) (A) The division by rule shall develop appropriate formulas reflecting the productivity valuation of the land based upon income capability attributable to agricultural land, pasture land, and timberland soils. (B) Each year the division shall develop and calculate capitalization rates by using appropriate long-term federal security rates, risk rates, management rates, and other appropriate financial rates. (C) However, the capitalization rate developed under subdivision (f)(3)(B) of this section shall not be less than eight percent (8%) nor more than twelve percent (12%). (4) By October 15 of each year, the division shall report to the Legislative Council any changes to any part of the formula used to determine the value of land or the capitalization rate. (g) (1) Whenever land that has qualified for valuation on use or productivity under subsection (b) of this section is converted to another use, the person converting the land to another use shall notify, immediately and in writing, the county assessor of the change in use. (2) At the appropriate time, the county assessor shall extend the taxes on the land based on the change in use and shall certify to the county collector the amount to be collected. (h) (1) If any person fails to give written notice of a change in use of land as required in subsection (g) of this section, the person shall be subject to a penalty in an amount equal to three (3) years of taxes on the land at the value in the new use or conversion use. (2) Any penalty so assessed shall be included in the taxes on the land for the year in which the failure is discovered and shall be a lien on the land to the same extent as any other taxes levied on the land. (i) Any funds derived from penalties assessed pursuant to subsection (h) of this section shall be deposited into the county general fund to be used for the purposes prescribed by law. Acts 1981, No. 848, § 6; A.S.A. 1947, § 84-493.5; Acts 2005, No. 1432, § 1; 2007, No. 660, § 1; 2007, No. 994, § 1; 2009, No. 655, §§ 2, 3.

(a) Residential property used solely as the principal place of residence of the owner shall be assessed in accordance with its value as a residence, so long as the property is used as the principal place of residence of the owner and shall not be assessed in accordance with some other method of valuation until the property ceases to be used for the residential purpose.

(b) (1) (A) Agricultural land, pasture land, and timberland valuation shall be based on the productivity of the agricultural land, pasture land, or timberland soil. (B) Agricultural land, pasture land, and timberland guidelines shall be developed based on the typical or most probable use of the soils for agricultural land, pasture land, and timberland in the region. (2) Land that is enrolled in the Wetlands Reserve Program of the Natural Resources Conservation Service of the United States Department of Agriculture or in the Conservation Reserve Program of the Natural Resources Conservation Service of the United States Department of Agriculture shall be treated as agricultural land, pasture land, or timberland for purposes of valuation.

(1) (A) Agricultural land, pasture land, and timberland valuation shall be based on the productivity of the agricultural land, pasture land, or timberland soil. (B) Agricultural land, pasture land, and timberland guidelines shall be developed based on the typical or most probable use of the soils for agricultural land, pasture land, and timberland in the region.

(A) Agricultural land, pasture land, and timberland valuation shall be based on the productivity of the agricultural land, pasture land, or timberland soil.

(B) Agricultural land, pasture land, and timberland guidelines shall be developed based on the typical or most probable use of the soils for agricultural land, pasture land, and timberland in the region.

(2) Land that is enrolled in the Wetlands Reserve Program of the Natural Resources Conservation Service of the United States Department of Agriculture or in the Conservation Reserve Program of the Natural Resources Conservation Service of the United States Department of Agriculture shall be treated as agricultural land, pasture land, or timberland for purposes of valuation.

(c) (1) Commercial land and residential land that are vacant shall be valued on their typical use. (2) The county assessor shall determine what the typical use of vacant commercial land or residential land is by considering the primary current use of adjacent lands.

(1) Commercial land and residential land that are vacant shall be valued on their typical use.

(2) The county assessor shall determine what the typical use of vacant commercial land or residential land is by considering the primary current use of adjacent lands.

(d) (1) For real property in which the mineral estate and surface estate are severed, if a surface estate owner's use and enjoyment of the surface estate are adversely affected by a severed mineral estate owner's use and enjoyment of the severed mineral estate, or a surface estate owner's utility of the surface estate interest is adversely affected by a severed mineral estate owner's use and enjoyment of the severed mineral estate, the assessment of the surface estate is as follows: (A) For agricultural land, pasture land, or timberland, a well drilled for the purpose of extracting minerals from a severed mineral estate creates a presumption of diminished utility of the surface estate, and the assessed value of the affected surface estate shall reflect the minimum productivity value of the surface estate and shall be reduced accordingly; and (B) For residential property and commercial property, a well drilled for the purpose of extracting minerals from a severed mineral estate creates a presumption of diminished utility of the surface estate, and the assessed value of the affected surface estate shall reflect the diminished utility of the surface estate and reduced accordingly. (2) Unless market evidence indicates an increase in land area value or an increase in value of the surface estate, the portion of the surface estate for which a presumption of diminished utility exists under subdivision (d)(1) of this section shall not exceed one (1) acre per well, and the value of the surface estate for that one (1) acre shall be assessed in an amount not to exceed twenty-five percent (25%) less than surrounding comparable property.

(1) For real property in which the mineral estate and surface estate are severed, if a surface estate owner's use and enjoyment of the surface estate are adversely affected by a severed mineral estate owner's use and enjoyment of the severed mineral estate, or a surface estate owner's utility of the surface estate interest is adversely affected by a severed mineral estate owner's use and enjoyment of the severed mineral estate, the assessment of the surface estate is as follows: (A) For agricultural land, pasture land, or timberland, a well drilled for the purpose of extracting minerals from a severed mineral estate creates a presumption of diminished utility of the surface estate, and the assessed value of the affected surface estate shall reflect the minimum productivity value of the surface estate and shall be reduced accordingly; and (B) For residential property and commercial property, a well drilled for the purpose of extracting minerals from a severed mineral estate creates a presumption of diminished utility of the surface estate, and the assessed value of the affected surface estate shall reflect the diminished utility of the surface estate and reduced accordingly.

(A) For agricultural land, pasture land, or timberland, a well drilled for the purpose of extracting minerals from a severed mineral estate creates a presumption of diminished utility of the surface estate, and the assessed value of the affected surface estate shall reflect the minimum productivity value of the surface estate and shall be reduced accordingly; and

(B) For residential property and commercial property, a well drilled for the purpose of extracting minerals from a severed mineral estate creates a presumption of diminished utility of the surface estate, and the assessed value of the affected surface estate shall reflect the diminished utility of the surface estate and reduced accordingly.

(2) Unless market evidence indicates an increase in land area value or an increase in value of the surface estate, the portion of the surface estate for which a presumption of diminished utility exists under subdivision (d)(1) of this section shall not exceed one (1) acre per well, and the value of the surface estate for that one (1) acre shall be assessed in an amount not to exceed twenty-five percent (25%) less than surrounding comparable property.

(e) (1) The county equalization board may reclassify land upon proof of change in use of the land or upon proof that the land is not eligible for classification under the provisions of this section. (2) The owner may appeal the decisions of the county assessor and county equalization board as provided by law for other appeals from the county assessor or county equalization board.

(1) The county equalization board may reclassify land upon proof of change in use of the land or upon proof that the land is not eligible for classification under the provisions of this section.

(2) The owner may appeal the decisions of the county assessor and county equalization board as provided by law for other appeals from the county assessor or county equalization board.

(f) (1) In devising and developing methods of assessing and levying the ad valorem property tax on real property, the Assessment Coordination Division shall annually develop and publish valuation tables and other data that shall be used by county assessors for assessing lands qualifying under this subchapter. (2) (A) Each year the division shall update the valuation tables for assessing lands qualifying as agricultural land, pasture land, and timber land in time for counties to use the updated tables when they finish their countywide appraisals. (B) When there is a countywide reappraisal, a county shall assess agricultural land, pasture land, and timberland based upon the updated land values in the valuation tables issued for the assessment year. (3) (A) The division by rule shall develop appropriate formulas reflecting the productivity valuation of the land based upon income capability attributable to agricultural land, pasture land, and timberland soils. (B) Each year the division shall develop and calculate capitalization rates by using appropriate long-term federal security rates, risk rates, management rates, and other appropriate financial rates. (C) However, the capitalization rate developed under subdivision (f)(3)(B) of this section shall not be less than eight percent (8%) nor more than twelve percent (12%). (4) By October 15 of each year, the division shall report to the Legislative Council any changes to any part of the formula used to determine the value of land or the capitalization rate.

(1) In devising and developing methods of assessing and levying the ad valorem property tax on real property, the Assessment Coordination Division shall annually develop and publish valuation tables and other data that shall be used by county assessors for assessing lands qualifying under this subchapter.

(2) (A) Each year the division shall update the valuation tables for assessing lands qualifying as agricultural land, pasture land, and timber land in time for counties to use the updated tables when they finish their countywide appraisals. (B) When there is a countywide reappraisal, a county shall assess agricultural land, pasture land, and timberland based upon the updated land values in the valuation tables issued for the assessment year.

(A) Each year the division shall update the valuation tables for assessing lands qualifying as agricultural land, pasture land, and timber land in time for counties to use the updated tables when they finish their countywide appraisals.

(B) When there is a countywide reappraisal, a county shall assess agricultural land, pasture land, and timberland based upon the updated land values in the valuation tables issued for the assessment year.

(3) (A) The division by rule shall develop appropriate formulas reflecting the productivity valuation of the land based upon income capability attributable to agricultural land, pasture land, and timberland soils. (B) Each year the division shall develop and calculate capitalization rates by using appropriate long-term federal security rates, risk rates, management rates, and other appropriate financial rates. (C) However, the capitalization rate developed under subdivision (f)(3)(B) of this section shall not be less than eight percent (8%) nor more than twelve percent (12%).

(A) The division by rule shall develop appropriate formulas reflecting the productivity valuation of the land based upon income capability attributable to agricultural land, pasture land, and timberland soils.

(B) Each year the division shall develop and calculate capitalization rates by using appropriate long-term federal security rates, risk rates, management rates, and other appropriate financial rates.

(C) However, the capitalization rate developed under subdivision (f)(3)(B) of this section shall not be less than eight percent (8%) nor more than twelve percent (12%).

(4) By October 15 of each year, the division shall report to the Legislative Council any changes to any part of the formula used to determine the value of land or the capitalization rate.

(g) (1) Whenever land that has qualified for valuation on use or productivity under subsection (b) of this section is converted to another use, the person converting the land to another use shall notify, immediately and in writing, the county assessor of the change in use. (2) At the appropriate time, the county assessor shall extend the taxes on the land based on the change in use and shall certify to the county collector the amount to be collected.

(1) Whenever land that has qualified for valuation on use or productivity under subsection (b) of this section is converted to another use, the person converting the land to another use shall notify, immediately and in writing, the county assessor of the change in use.

(2) At the appropriate time, the county assessor shall extend the taxes on the land based on the change in use and shall certify to the county collector the amount to be collected.

(h) (1) If any person fails to give written notice of a change in use of land as required in subsection (g) of this section, the person shall be subject to a penalty in an amount equal to three (3) years of taxes on the land at the value in the new use or conversion use. (2) Any penalty so assessed shall be included in the taxes on the land for the year in which the failure is discovered and shall be a lien on the land to the same extent as any other taxes levied on the land.

(1) If any person fails to give written notice of a change in use of land as required in subsection (g) of this section, the person shall be subject to a penalty in an amount equal to three (3) years of taxes on the land at the value in the new use or conversion use.

(2) Any penalty so assessed shall be included in the taxes on the land for the year in which the failure is discovered and shall be a lien on the land to the same extent as any other taxes levied on the land.

(i) Any funds derived from penalties assessed pursuant to subsection (h) of this section shall be deposited into the county general fund to be used for the purposes prescribed by law.

Acts 1981, No. 848, § 6; A.S.A. 1947, § 84-493.5; Acts 2005, No. 1432, § 1; 2007, No. 660, § 1; 2007, No. 994, § 1; 2009, No. 655, §§ 2, 3.
Ark. Code Ann. § 26-56-304 — AR Code / Title 26 / Chapter 56 / Subchapter 3 / Section 26-56-304
Users' permits generally
Status: in_force

(a) Each liquefied gas special fuels user, including licensed liquefied gas special fuels suppliers and dealers who use liquefied gas special fuels in vehicles owned by the supplier or dealer, shall make application for and secure a liquefied gas special fuels user's permit for each vehicle owned and operated which uses liquefied gas special fuels. (b) The application must be made on a form prescribed by the Secretary of the Department of Finance and Administration, showing the name, address, and user license number or supplier or dealer license number of the applicant, the make, model, and motor number of the vehicle involved, the type of fuel used therein, and such other pertinent information as the secretary may require. (c) The fuel user's permit shall be obtained annually before the secretary shall register and issue a motor vehicle license for the vehicle. (d) (1) At the time of applying for the permit and prior to the registration and issuance of a motor vehicle license for the vehicle, each applicant except licensed liquefied gas special fuels suppliers shall remit to the secretary, in addition to the regular fee prescribed by law for the registration and licensing of the vehicle, an additional fee in an amount which is determined by the General Assembly, based upon information available from statistical studies of the motor vehicular use of liquefied gas special fuels by various classes of users, as follows: Click here to view form. (2) If the secretary determines that the flat fee provided herein in lieu of the gallonage tax on liquefied gas special fuels is, in the case of common or contract carriers or other vehicles for hire, inadequate to compensate for the gallonage tax, the secretary may require the common or contract carriers or owners of other vehicles for hire to pay a fee based upon the actual mileage of the common or contract carrier or vehicle for hire for the previous year, the current year, or any other reasonable basis. (3) The secretary shall establish rules for computing the fees and for the enforcement of the collection thereof. (4) If any new liquefied gas special fuels vehicle is placed in operation or any other vehicle shall be converted to a liquefied gas special fuels vehicle during the registration year, the owner shall be permitted to pay a proportionate part of the liquefied gas special fuels user's permit fee for the vehicle for the remainder of the current registration year based upon one-twelfth ( 1 / 12 ) of the annual fee for the vehicle for each calendar month or fraction thereof remaining in the current registration year. Amended by Act 2019, No. 315,§ 3031, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4080, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4079, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4078, eff. 7/1/2019. Acts 1965 (1st Ex. Sess.), No. 40, ch. 3, § 3; 1967, No. 316, § 1; 1981, No. 789, § 1; A.S.A. 1947, § 75-1256; Acts 1991, No. 364, § 4; 1991, No. 382, § 4.

(a) Each liquefied gas special fuels user, including licensed liquefied gas special fuels suppliers and dealers who use liquefied gas special fuels in vehicles owned by the supplier or dealer, shall make application for and secure a liquefied gas special fuels user's permit for each vehicle owned and operated which uses liquefied gas special fuels.

(b) The application must be made on a form prescribed by the Secretary of the Department of Finance and Administration, showing the name, address, and user license number or supplier or dealer license number of the applicant, the make, model, and motor number of the vehicle involved, the type of fuel used therein, and such other pertinent information as the secretary may require.

(c) The fuel user's permit shall be obtained annually before the secretary shall register and issue a motor vehicle license for the vehicle.

(d) (1) At the time of applying for the permit and prior to the registration and issuance of a motor vehicle license for the vehicle, each applicant except licensed liquefied gas special fuels suppliers shall remit to the secretary, in addition to the regular fee prescribed by law for the registration and licensing of the vehicle, an additional fee in an amount which is determined by the General Assembly, based upon information available from statistical studies of the motor vehicular use of liquefied gas special fuels by various classes of users, as follows: Click here to view form. (2) If the secretary determines that the flat fee provided herein in lieu of the gallonage tax on liquefied gas special fuels is, in the case of common or contract carriers or other vehicles for hire, inadequate to compensate for the gallonage tax, the secretary may require the common or contract carriers or owners of other vehicles for hire to pay a fee based upon the actual mileage of the common or contract carrier or vehicle for hire for the previous year, the current year, or any other reasonable basis. (3) The secretary shall establish rules for computing the fees and for the enforcement of the collection thereof. (4) If any new liquefied gas special fuels vehicle is placed in operation or any other vehicle shall be converted to a liquefied gas special fuels vehicle during the registration year, the owner shall be permitted to pay a proportionate part of the liquefied gas special fuels user's permit fee for the vehicle for the remainder of the current registration year based upon one-twelfth ( 1 / 12 ) of the annual fee for the vehicle for each calendar month or fraction thereof remaining in the current registration year.

(1) At the time of applying for the permit and prior to the registration and issuance of a motor vehicle license for the vehicle, each applicant except licensed liquefied gas special fuels suppliers shall remit to the secretary, in addition to the regular fee prescribed by law for the registration and licensing of the vehicle, an additional fee in an amount which is determined by the General Assembly, based upon information available from statistical studies of the motor vehicular use of liquefied gas special fuels by various classes of users, as follows: Click here to view form.

Click here to view form.

(2) If the secretary determines that the flat fee provided herein in lieu of the gallonage tax on liquefied gas special fuels is, in the case of common or contract carriers or other vehicles for hire, inadequate to compensate for the gallonage tax, the secretary may require the common or contract carriers or owners of other vehicles for hire to pay a fee based upon the actual mileage of the common or contract carrier or vehicle for hire for the previous year, the current year, or any other reasonable basis.

(3) The secretary shall establish rules for computing the fees and for the enforcement of the collection thereof.

(4) If any new liquefied gas special fuels vehicle is placed in operation or any other vehicle shall be converted to a liquefied gas special fuels vehicle during the registration year, the owner shall be permitted to pay a proportionate part of the liquefied gas special fuels user's permit fee for the vehicle for the remainder of the current registration year based upon one-twelfth ( 1 / 12 ) of the annual fee for the vehicle for each calendar month or fraction thereof remaining in the current registration year.

Amended by Act 2019, No. 315,§ 3031, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4080, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4079, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4078, eff. 7/1/2019.

Acts 1965 (1st Ex. Sess.), No. 40, ch. 3, § 3; 1967, No. 316, § 1; 1981, No. 789, § 1; A.S.A. 1947, § 75-1256; Acts 1991, No. 364, § 4; 1991, No. 382, § 4.

56_304_1 - Attachment