Ark. Code Ann. § 26-56-602 — AR Code / Title 26 / Chapter 56 / Subchapter 6 / Section 26-56-602
Additional funds deposited into State Treasury
Status: in_force

(a) All of the additional taxes, fees, penalties, and interest collected under the provisions of this subchapter and §§ 26-55-710 , 26-56-214 , and 26-56-304 shall be classified as special revenues and shall be deposited into the State Treasury. After deducting therefrom the amount to be credited to the Constitutional Officers Fund and the State Central Services Fund as provided in the Revenue Stabilization Law, § 19-5-101 et seq., the Treasurer of State shall transfer on the last business day of each month: (1) Fifteen percent (15%) of the amount thereof to the County Aid Fund; (2) Fifteen percent (15%) of the amount thereof to the Municipal Aid Fund; and (3) Seventy percent (70%) of the amount thereof to a special account in the State Highway and Transportation Department Fund to be designated the "1991 Highway Construction and Maintenance Account". (b) The funds in the 1991 Highway Construction and Maintenance Account shall be held, managed, and used in the same manner and for the same purposes as set out in the Arkansas Highway Revenue Distribution Law, § 27-70-201 et seq., excluding however, § 27-70-206 . (c) Provided that, in keeping with the spirit of Pub. L. No. 97-424, § 105, and the State Highway Commission's goals for encouraging the participation of disadvantaged business enterprises in entering into and performing contracts with the commission, including the purchasing of supplies and equipment by the commission and for the construction, reconstruction, and maintenance of highways and bridges in the state highway system, the commission is authorized to expend up to ten percent (10%) of the total funds and revenues available and disbursed to the commission pursuant to this act for the purposes of achieving those goals. Acts 1991, No. 364, § 5; 1991, No. 382, § 5; 1991, No. 1040, §§ 5-8; 1991, No. 1239, §§ 5-8.

(a) All of the additional taxes, fees, penalties, and interest collected under the provisions of this subchapter and §§ 26-55-710 , 26-56-214 , and 26-56-304 shall be classified as special revenues and shall be deposited into the State Treasury. After deducting therefrom the amount to be credited to the Constitutional Officers Fund and the State Central Services Fund as provided in the Revenue Stabilization Law, § 19-5-101 et seq., the Treasurer of State shall transfer on the last business day of each month: (1) Fifteen percent (15%) of the amount thereof to the County Aid Fund; (2) Fifteen percent (15%) of the amount thereof to the Municipal Aid Fund; and (3) Seventy percent (70%) of the amount thereof to a special account in the State Highway and Transportation Department Fund to be designated the "1991 Highway Construction and Maintenance Account".

(1) Fifteen percent (15%) of the amount thereof to the County Aid Fund;

(2) Fifteen percent (15%) of the amount thereof to the Municipal Aid Fund; and

(3) Seventy percent (70%) of the amount thereof to a special account in the State Highway and Transportation Department Fund to be designated the "1991 Highway Construction and Maintenance Account".

(b) The funds in the 1991 Highway Construction and Maintenance Account shall be held, managed, and used in the same manner and for the same purposes as set out in the Arkansas Highway Revenue Distribution Law, § 27-70-201 et seq., excluding however, § 27-70-206 .

(c) Provided that, in keeping with the spirit of Pub. L. No. 97-424, § 105, and the State Highway Commission's goals for encouraging the participation of disadvantaged business enterprises in entering into and performing contracts with the commission, including the purchasing of supplies and equipment by the commission and for the construction, reconstruction, and maintenance of highways and bridges in the state highway system, the commission is authorized to expend up to ten percent (10%) of the total funds and revenues available and disbursed to the commission pursuant to this act for the purposes of achieving those goals.

Acts 1991, No. 364, § 5; 1991, No. 382, § 5; 1991, No. 1040, §§ 5-8; 1991, No. 1239, §§ 5-8.
Ark. Code Ann. § 26-27-312 — AR Code / Title 26 / Chapter 27 / Subchapter 3 / Section 26-27-312
Special session for purpose of planning work
Status: in_force

(a) (1) The county equalization board, on petition of the county judge or on its own motion, shall, at any time, convene in special session for the purpose of planning its work of equalization of property assessments. (2) For this purpose only, the county equalization board shall be vested and charged with all the powers and duties with which the county equalization board is vested and charged when meeting in regular session. In addition, the county equalization board shall be empowered to employ qualified appraisers, abstractors, or other persons needed to appraise properties, which appraisal the county equalization board may need in the discharge of its duties. (b) (1) The expense of any special session of the county equalization board, including the expense for employment of appraisers, abstractors, and other persons needed shall be allowed and paid from the general fund of the county. (2) The general fund of the county shall be reimbursed by transfer to it from the funds of the respective taxing units of the county, and the amount to be contributed by each taxing unit shall be in the proportion that the total of the ad valorem taxes collected for the benefit of each taxing unit bears to the total of the ad valorem taxes collected for the benefit of all taxing units during the collection period next following the special session. Acts 1955, No. 371, §§ 1, 2; A.S.A. 1947, §§ 84-721, 84-722.

(a) (1) The county equalization board, on petition of the county judge or on its own motion, shall, at any time, convene in special session for the purpose of planning its work of equalization of property assessments. (2) For this purpose only, the county equalization board shall be vested and charged with all the powers and duties with which the county equalization board is vested and charged when meeting in regular session. In addition, the county equalization board shall be empowered to employ qualified appraisers, abstractors, or other persons needed to appraise properties, which appraisal the county equalization board may need in the discharge of its duties.

(1) The county equalization board, on petition of the county judge or on its own motion, shall, at any time, convene in special session for the purpose of planning its work of equalization of property assessments.

(2) For this purpose only, the county equalization board shall be vested and charged with all the powers and duties with which the county equalization board is vested and charged when meeting in regular session. In addition, the county equalization board shall be empowered to employ qualified appraisers, abstractors, or other persons needed to appraise properties, which appraisal the county equalization board may need in the discharge of its duties.

(b) (1) The expense of any special session of the county equalization board, including the expense for employment of appraisers, abstractors, and other persons needed shall be allowed and paid from the general fund of the county. (2) The general fund of the county shall be reimbursed by transfer to it from the funds of the respective taxing units of the county, and the amount to be contributed by each taxing unit shall be in the proportion that the total of the ad valorem taxes collected for the benefit of each taxing unit bears to the total of the ad valorem taxes collected for the benefit of all taxing units during the collection period next following the special session.

(1) The expense of any special session of the county equalization board, including the expense for employment of appraisers, abstractors, and other persons needed shall be allowed and paid from the general fund of the county.

(2) The general fund of the county shall be reimbursed by transfer to it from the funds of the respective taxing units of the county, and the amount to be contributed by each taxing unit shall be in the proportion that the total of the ad valorem taxes collected for the benefit of each taxing unit bears to the total of the ad valorem taxes collected for the benefit of all taxing units during the collection period next following the special session.

Acts 1955, No. 371, §§ 1, 2; A.S.A. 1947, §§ 84-721, 84-722.
Ark. Code Ann. § 26-57-227 — AR Code / Title 26 / Chapter 57 / Subchapter 2 / Section 26-57-227
Operation of vending machine on vendor's premises - Operation of vending machine without permit a public nuisance - Seizure and sale - Redemption
Status: in_force

(a) (1) A person who engages in the business of owning, operating, or leasing any vending machines containing tobacco products, vapor products, alternative nicotine products, or e-liquid products without first obtaining the permit described in this subchapter is declared to be maintaining a public nuisance. (2) A vending machine operated without a permit may be seized and sold by the Director of Arkansas Tobacco Control at public auction upon the order of the Pulaski County Circuit Court. (3) Vending machines that are seized under this subsection may be redeemed before sale by the owner upon the payment of all taxes or fees due on the vending machine and all costs and expenses incurred in enforcing this section if the offender pays all taxes, fees, and costs within ten (10) days after seizure of the vending machines by the director. (b) A vendor may operate a permitted vending machine on the vendor's premises or on the premises of another if the proper permits are obtained under this subchapter and if the requirements of § 5-27-227 are met. Amended by Act 2019, No. 1071,§ 15, eff. 7/24/2019. Amended by Act 2015, No. 1235,§ 7, eff. 5/1/2015. Acts 1977, No. 546, § 28; A.S.A. 1947, § 84-4528; Acts 1997, No. 1337, § 17; 2009, No. 785, § 15.

(a) (1) A person who engages in the business of owning, operating, or leasing any vending machines containing tobacco products, vapor products, alternative nicotine products, or e-liquid products without first obtaining the permit described in this subchapter is declared to be maintaining a public nuisance. (2) A vending machine operated without a permit may be seized and sold by the Director of Arkansas Tobacco Control at public auction upon the order of the Pulaski County Circuit Court. (3) Vending machines that are seized under this subsection may be redeemed before sale by the owner upon the payment of all taxes or fees due on the vending machine and all costs and expenses incurred in enforcing this section if the offender pays all taxes, fees, and costs within ten (10) days after seizure of the vending machines by the director.

(1) A person who engages in the business of owning, operating, or leasing any vending machines containing tobacco products, vapor products, alternative nicotine products, or e-liquid products without first obtaining the permit described in this subchapter is declared to be maintaining a public nuisance.

(2) A vending machine operated without a permit may be seized and sold by the Director of Arkansas Tobacco Control at public auction upon the order of the Pulaski County Circuit Court.

(3) Vending machines that are seized under this subsection may be redeemed before sale by the owner upon the payment of all taxes or fees due on the vending machine and all costs and expenses incurred in enforcing this section if the offender pays all taxes, fees, and costs within ten (10) days after seizure of the vending machines by the director.

(b) A vendor may operate a permitted vending machine on the vendor's premises or on the premises of another if the proper permits are obtained under this subchapter and if the requirements of § 5-27-227 are met.

Amended by Act 2019, No. 1071,§ 15, eff. 7/24/2019.

Amended by Act 2015, No. 1235,§ 7, eff. 5/1/2015.

Acts 1977, No. 546, § 28; A.S.A. 1947, § 84-4528; Acts 1997, No. 1337, § 17; 2009, No. 785, § 15.
Ark. Code Ann. § 26-38-206 — AR Code / Title 26 / Chapter 38 / Subchapter 2 / Section 26-38-206
Effect of the decree of confirmation
Status: in_force

(a) Except as provided in this section and § 26-37-203 , the decree of the circuit court confirming the forfeiture and conveyance to the plaintiff under § 26-38-202 shall operate: (1) As a complete bar at law and in equity of a claim or defense of all persons, firms, corporations, quasi-corporations, associations, trustees, and holders of beneficial interests to the title of the real property; and (2) To vest the complete and indefeasible title to the real property in the plaintiff under § 26-38-202 and the plaintiff's grantees in fee simple, free and clear of all claims regardless of whether the forfeiture and conveyance is void or voidable because of a defect or irregularity in the proceedings to forfeit and convey the real property. (b) All parties have the right to appeal a decree of confirmation under this subchapter pursuant to the Arkansas Rules of Civil Procedure. (c) (1) The claim of a person, firm, corporation, quasi-corporation, association, trustee, or holder of a beneficial interest with a properly recorded interest in the real property that is not properly served with notice of the confirmation proceedings under this subchapter is barred if not commenced within: (A) One (1) year of the posting of a notice of entry of the decree of confirmation under subdivision (c)(2) of this section; or (B) Three (3) years from the date that the decree is entered if a notice of entry of the decree of confirmation under subdivision (c)(2) of this section is not posted. (2) If a notice of entry of a decree of confirmation is posted under this subsection: (A) The notice shall be posted conspicuously on the property; and (B) A sworn affidavit evidencing the posting shall be filed with the circuit court in the quiet title action by the party that obtained title to the real property in the quiet title action. Acts 1993, No. 646, § 5; 2011, No. 1133, § 5.

(a) Except as provided in this section and § 26-37-203 , the decree of the circuit court confirming the forfeiture and conveyance to the plaintiff under § 26-38-202 shall operate: (1) As a complete bar at law and in equity of a claim or defense of all persons, firms, corporations, quasi-corporations, associations, trustees, and holders of beneficial interests to the title of the real property; and (2) To vest the complete and indefeasible title to the real property in the plaintiff under § 26-38-202 and the plaintiff's grantees in fee simple, free and clear of all claims regardless of whether the forfeiture and conveyance is void or voidable because of a defect or irregularity in the proceedings to forfeit and convey the real property.

(1) As a complete bar at law and in equity of a claim or defense of all persons, firms, corporations, quasi-corporations, associations, trustees, and holders of beneficial interests to the title of the real property; and

(2) To vest the complete and indefeasible title to the real property in the plaintiff under § 26-38-202 and the plaintiff's grantees in fee simple, free and clear of all claims regardless of whether the forfeiture and conveyance is void or voidable because of a defect or irregularity in the proceedings to forfeit and convey the real property.

(b) All parties have the right to appeal a decree of confirmation under this subchapter pursuant to the Arkansas Rules of Civil Procedure.

(c) (1) The claim of a person, firm, corporation, quasi-corporation, association, trustee, or holder of a beneficial interest with a properly recorded interest in the real property that is not properly served with notice of the confirmation proceedings under this subchapter is barred if not commenced within: (A) One (1) year of the posting of a notice of entry of the decree of confirmation under subdivision (c)(2) of this section; or (B) Three (3) years from the date that the decree is entered if a notice of entry of the decree of confirmation under subdivision (c)(2) of this section is not posted. (2) If a notice of entry of a decree of confirmation is posted under this subsection: (A) The notice shall be posted conspicuously on the property; and (B) A sworn affidavit evidencing the posting shall be filed with the circuit court in the quiet title action by the party that obtained title to the real property in the quiet title action.

(1) The claim of a person, firm, corporation, quasi-corporation, association, trustee, or holder of a beneficial interest with a properly recorded interest in the real property that is not properly served with notice of the confirmation proceedings under this subchapter is barred if not commenced within: (A) One (1) year of the posting of a notice of entry of the decree of confirmation under subdivision (c)(2) of this section; or (B) Three (3) years from the date that the decree is entered if a notice of entry of the decree of confirmation under subdivision (c)(2) of this section is not posted.

(A) One (1) year of the posting of a notice of entry of the decree of confirmation under subdivision (c)(2) of this section; or

(B) Three (3) years from the date that the decree is entered if a notice of entry of the decree of confirmation under subdivision (c)(2) of this section is not posted.

(2) If a notice of entry of a decree of confirmation is posted under this subsection: (A) The notice shall be posted conspicuously on the property; and (B) A sworn affidavit evidencing the posting shall be filed with the circuit court in the quiet title action by the party that obtained title to the real property in the quiet title action.

(A) The notice shall be posted conspicuously on the property; and

(B) A sworn affidavit evidencing the posting shall be filed with the circuit court in the quiet title action by the party that obtained title to the real property in the quiet title action.

Acts 1993, No. 646, § 5; 2011, No. 1133, § 5.
Ark. Code Ann. § 26-57-250 — AR Code / Title 26 / Chapter 57 / Subchapter 2 / Section 26-57-250
Civil action to recover tax and penalties - Party defendants
Status: in_force

(a) When the Secretary of the Department of Finance and Administration finds from investigation that the state has lost tax revenue because of the evasion of any provision of this subchapter, the secretary may bring suit in the proper court to recover the tax and penalties. (b) The action shall lie against the person evading the tax and against any person who aided, abetted, or assisted in the evasion. Amended by Act 2019, No. 910,§ 4157, eff. 7/1/2019. Acts 1977, No. 546, § 31; A.S.A. 1947, § 84-4531; Acts 1997, No. 1337, § 22.

(a) When the Secretary of the Department of Finance and Administration finds from investigation that the state has lost tax revenue because of the evasion of any provision of this subchapter, the secretary may bring suit in the proper court to recover the tax and penalties.

(b) The action shall lie against the person evading the tax and against any person who aided, abetted, or assisted in the evasion.

Amended by Act 2019, No. 910,§ 4157, eff. 7/1/2019.

Acts 1977, No. 546, § 31; A.S.A. 1947, § 84-4531; Acts 1997, No. 1337, § 22.
Ark. Code Ann. § 26-18-706 — AR Code / Title 26 / Chapter 18 / Subchapter 7 / Section 26-18-706
Release of property from lien
Status: in_force

(a) Upon written application by any person, the Secretary of the Department of Finance and Administration may release affected property from the lien imposed by any assessment, order, judgment, or certificate of indebtedness obtained by or from any levy made by the secretary if: (1) Either full payment is made to the secretary of the sum he or she considers adequate consideration for the release, including any costs the circuit clerk is entitled to receive as provided by law in these matters; or (2) Adequate security deposit is made with the secretary to secure the payment of the debt evidenced by the lien, including any costs the circuit clerk is entitled to receive as provided by law in these matters. (b) When the secretary determines that his or her assessment, certificate of indebtedness, or judgment is clouding the title of property because of an error in the description of properties or similarity in names, the secretary may issue a release without the payment of any consideration or any costs the circuit clerk is entitled to receive, as provided by law in these matters. (c) The secretary's release shall be given under his or her seal and filed in the office of the circuit clerk in the county in which the lien is filed, or it shall be recorded in any office in which conveyances of real estate may be recorded. Acts 1979, No. 401, § 25; A.S.A. 1947, § 84-4725; Acts 2003, No. 1085, § 3.

(a) Upon written application by any person, the Secretary of the Department of Finance and Administration may release affected property from the lien imposed by any assessment, order, judgment, or certificate of indebtedness obtained by or from any levy made by the secretary if: (1) Either full payment is made to the secretary of the sum he or she considers adequate consideration for the release, including any costs the circuit clerk is entitled to receive as provided by law in these matters; or (2) Adequate security deposit is made with the secretary to secure the payment of the debt evidenced by the lien, including any costs the circuit clerk is entitled to receive as provided by law in these matters.

(1) Either full payment is made to the secretary of the sum he or she considers adequate consideration for the release, including any costs the circuit clerk is entitled to receive as provided by law in these matters; or

(2) Adequate security deposit is made with the secretary to secure the payment of the debt evidenced by the lien, including any costs the circuit clerk is entitled to receive as provided by law in these matters.

(b) When the secretary determines that his or her assessment, certificate of indebtedness, or judgment is clouding the title of property because of an error in the description of properties or similarity in names, the secretary may issue a release without the payment of any consideration or any costs the circuit clerk is entitled to receive, as provided by law in these matters.

(c) The secretary's release shall be given under his or her seal and filed in the office of the circuit clerk in the county in which the lien is filed, or it shall be recorded in any office in which conveyances of real estate may be recorded.

Acts 1979, No. 401, § 25; A.S.A. 1947, § 84-4725; Acts 2003, No. 1085, § 3.
Ark. Code Ann. § 26-51-1505 — AR Code / Title 26 / Chapter 51 / Subchapter 15 / Section 26-51-1505
Credits granted
Status: in_force

(a) There shall be allowed a wetland and riparian zone creation and restoration tax credit against the tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., in an amount as determined in subsection (c) of this section for any taxpayer engaged in the creation or restoration of wetlands and riparian zones. (b) There shall be allowed a wetland and riparian zone conservation tax credit against the tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., in an amount as determined in subsection (c) of this section for any eligible donor who donates a qualified real property interest for a qualified conservation purpose to an eligible donee. (c) (1) The amount of the wetland and riparian zone creation and restoration tax credit allowed under subsection (a) of this section shall be equal to the project cost incurred in the creation or restoration of wetlands and riparian zones and shall not exceed fifty thousand dollars ($50,000). (2) The amount of the wetland and riparian zone conservation tax credit allowed under subsection (b) of this section shall equal fifty percent (50%) of the fair market value of the qualified real property interest donation calculated to exclude any short term capital gain under 26 U.S.C. § 170(e)(1)(A) , as in effect on January 1, 2009, and shall not exceed fifty thousand dollars ($50,000). (3) (A) The amount of the tax credit under this subchapter that may be used by a taxpayer for a taxable year may not exceed the lesser of: (i) The amount of individual or corporate income tax otherwise due; or (ii) Five thousand dollars ($5,000). (B) Any unused tax credit under this subchapter may be carried over for a maximum of nine (9) consecutive taxable years following the taxable year in which the tax credit originated. (C) Any unused tax credit under this subchapter shall survive the death of an individual taxpayer and may be used by the individual taxpayer's estate, subject to the limitations in this subdivision (c)(3). (4) Tax credits under this subchapter may only be used by the taxpayer certified to earn a tax credit to offset the taxpayer's state income tax liability and are nontransferable. (5) (A) Only one (1) wetland and riparian zone conservation tax credit may be earned per qualified real property interest donation. (B) If the qualified real property interest is held in common ownership, the wetland and riparian zone conservation tax credit shall be allocated in proportion to each respective ownership share. (C) If the qualified real property interest is held by a pass-through entity, the wetland and riparian zone conservation tax credit shall be allocated as prescribed under 26 U.S.C. § 704(b) , as in effect on January 1, 2009, and corresponding regulations in 26 C.F.R. § 1.704-1(b)(4)(ii) , as in effect on January 1, 2009. (6) An eligible donor may earn only one (1) wetland and riparian zone conservation tax credit per income tax year. (d) To claim the benefits of this section, a taxpayer must obtain a certification from the Department of Agriculture certifying to the Revenue Division of the Department of Finance and Administration that the taxpayer has met all of the requirements and qualifications set forth in § 26-51-1504(b)(2) and § 26-51-1507(a) for a wetland and riparian zone creation and restoration tax credit or in § 26-51-1507(b) for a wetland and riparian zone conservation tax credit. (e) The division shall promulgate such rules as may be deemed necessary to carry out the tax credit provisions of this subchapter. Amended by Act 2023, No. 691,§ 211, eff. 7/1/2023. Amended by Act 2019, No. 315,§ 2981, eff. 7/24/2019. Acts 1995, No. 561, § 6; 2009, No. 351, § 6.

(a) There shall be allowed a wetland and riparian zone creation and restoration tax credit against the tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., in an amount as determined in subsection (c) of this section for any taxpayer engaged in the creation or restoration of wetlands and riparian zones.

(b) There shall be allowed a wetland and riparian zone conservation tax credit against the tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., in an amount as determined in subsection (c) of this section for any eligible donor who donates a qualified real property interest for a qualified conservation purpose to an eligible donee.

(c) (1) The amount of the wetland and riparian zone creation and restoration tax credit allowed under subsection (a) of this section shall be equal to the project cost incurred in the creation or restoration of wetlands and riparian zones and shall not exceed fifty thousand dollars ($50,000). (2) The amount of the wetland and riparian zone conservation tax credit allowed under subsection (b) of this section shall equal fifty percent (50%) of the fair market value of the qualified real property interest donation calculated to exclude any short term capital gain under 26 U.S.C. § 170(e)(1)(A) , as in effect on January 1, 2009, and shall not exceed fifty thousand dollars ($50,000). (3) (A) The amount of the tax credit under this subchapter that may be used by a taxpayer for a taxable year may not exceed the lesser of: (i) The amount of individual or corporate income tax otherwise due; or (ii) Five thousand dollars ($5,000). (B) Any unused tax credit under this subchapter may be carried over for a maximum of nine (9) consecutive taxable years following the taxable year in which the tax credit originated. (C) Any unused tax credit under this subchapter shall survive the death of an individual taxpayer and may be used by the individual taxpayer's estate, subject to the limitations in this subdivision (c)(3). (4) Tax credits under this subchapter may only be used by the taxpayer certified to earn a tax credit to offset the taxpayer's state income tax liability and are nontransferable. (5) (A) Only one (1) wetland and riparian zone conservation tax credit may be earned per qualified real property interest donation. (B) If the qualified real property interest is held in common ownership, the wetland and riparian zone conservation tax credit shall be allocated in proportion to each respective ownership share. (C) If the qualified real property interest is held by a pass-through entity, the wetland and riparian zone conservation tax credit shall be allocated as prescribed under 26 U.S.C. § 704(b) , as in effect on January 1, 2009, and corresponding regulations in 26 C.F.R. § 1.704-1(b)(4)(ii) , as in effect on January 1, 2009. (6) An eligible donor may earn only one (1) wetland and riparian zone conservation tax credit per income tax year.

(1) The amount of the wetland and riparian zone creation and restoration tax credit allowed under subsection (a) of this section shall be equal to the project cost incurred in the creation or restoration of wetlands and riparian zones and shall not exceed fifty thousand dollars ($50,000).

(2) The amount of the wetland and riparian zone conservation tax credit allowed under subsection (b) of this section shall equal fifty percent (50%) of the fair market value of the qualified real property interest donation calculated to exclude any short term capital gain under 26 U.S.C. § 170(e)(1)(A) , as in effect on January 1, 2009, and shall not exceed fifty thousand dollars ($50,000).

(3) (A) The amount of the tax credit under this subchapter that may be used by a taxpayer for a taxable year may not exceed the lesser of: (i) The amount of individual or corporate income tax otherwise due; or (ii) Five thousand dollars ($5,000). (B) Any unused tax credit under this subchapter may be carried over for a maximum of nine (9) consecutive taxable years following the taxable year in which the tax credit originated. (C) Any unused tax credit under this subchapter shall survive the death of an individual taxpayer and may be used by the individual taxpayer's estate, subject to the limitations in this subdivision (c)(3).

(A) The amount of the tax credit under this subchapter that may be used by a taxpayer for a taxable year may not exceed the lesser of: (i) The amount of individual or corporate income tax otherwise due; or (ii) Five thousand dollars ($5,000).

(i) The amount of individual or corporate income tax otherwise due; or

(ii) Five thousand dollars ($5,000).

(B) Any unused tax credit under this subchapter may be carried over for a maximum of nine (9) consecutive taxable years following the taxable year in which the tax credit originated.

(C) Any unused tax credit under this subchapter shall survive the death of an individual taxpayer and may be used by the individual taxpayer's estate, subject to the limitations in this subdivision (c)(3).

(4) Tax credits under this subchapter may only be used by the taxpayer certified to earn a tax credit to offset the taxpayer's state income tax liability and are nontransferable.

(5) (A) Only one (1) wetland and riparian zone conservation tax credit may be earned per qualified real property interest donation. (B) If the qualified real property interest is held in common ownership, the wetland and riparian zone conservation tax credit shall be allocated in proportion to each respective ownership share. (C) If the qualified real property interest is held by a pass-through entity, the wetland and riparian zone conservation tax credit shall be allocated as prescribed under 26 U.S.C. § 704(b) , as in effect on January 1, 2009, and corresponding regulations in 26 C.F.R. § 1.704-1(b)(4)(ii) , as in effect on January 1, 2009.

(A) Only one (1) wetland and riparian zone conservation tax credit may be earned per qualified real property interest donation.

(B) If the qualified real property interest is held in common ownership, the wetland and riparian zone conservation tax credit shall be allocated in proportion to each respective ownership share.

(C) If the qualified real property interest is held by a pass-through entity, the wetland and riparian zone conservation tax credit shall be allocated as prescribed under 26 U.S.C. § 704(b) , as in effect on January 1, 2009, and corresponding regulations in 26 C.F.R. § 1.704-1(b)(4)(ii) , as in effect on January 1, 2009.

(6) An eligible donor may earn only one (1) wetland and riparian zone conservation tax credit per income tax year.

(d) To claim the benefits of this section, a taxpayer must obtain a certification from the Department of Agriculture certifying to the Revenue Division of the Department of Finance and Administration that the taxpayer has met all of the requirements and qualifications set forth in § 26-51-1504(b)(2) and § 26-51-1507(a) for a wetland and riparian zone creation and restoration tax credit or in § 26-51-1507(b) for a wetland and riparian zone conservation tax credit.

(e) The division shall promulgate such rules as may be deemed necessary to carry out the tax credit provisions of this subchapter.

Amended by Act 2023, No. 691,§ 211, eff. 7/1/2023.

Amended by Act 2019, No. 315,§ 2981, eff. 7/24/2019.

Acts 1995, No. 561, § 6; 2009, No. 351, § 6.
Ark. Code Ann. § 26-58-209 — AR Code / Title 26 / Chapter 58 / Subchapter 2 / Section 26-58-209
Cost of maintaining saltwater disposal system
Status: in_force

The cost of a producer in maintaining an approved underground saltwater disposal system for the purposes of this subchapter shall include the following: (1) An allowance, to be spread equally over each severance tax reporting period, for depreciation of the actual cash investment of the producer in the constructing, equipping, and improving of an approved underground saltwater disposal system, which depreciation period shall not be less than five (5) years nor more than ten (10) years as may be approved by the Secretary of the Department of Finance and Administration; (2) The actual cash outlay of the producer in purchasing stock in a business or corporation organized exclusively for the purpose of constructing and operating an approved underground saltwater disposal system; and (3) (A) The actual expenses of the producer in operating and maintaining an approved underground saltwater disposal system. (B) These expenses shall include the cost of labor, supplies, materials, utilities, and other necessary operating expenses. (C) For a producer who purchases the services of an approved underground saltwater disposal business or corporation for disposing of salt water produced in the production of oil or natural gas by the producer, the actual cost of the service is deemed to be the cost of the producer within the meaning of this section. Amended by Act 2019, No. 910,§ 4268, eff. 7/1/2019. Acts 1959, No. 57, § 6; A.S.A. 1947, § 84-2118; Acts 2009, No. 655, § 103; 2011, No. 791, § 9.

The cost of a producer in maintaining an approved underground saltwater disposal system for the purposes of this subchapter shall include the following:

(1) An allowance, to be spread equally over each severance tax reporting period, for depreciation of the actual cash investment of the producer in the constructing, equipping, and improving of an approved underground saltwater disposal system, which depreciation period shall not be less than five (5) years nor more than ten (10) years as may be approved by the Secretary of the Department of Finance and Administration;

(2) The actual cash outlay of the producer in purchasing stock in a business or corporation organized exclusively for the purpose of constructing and operating an approved underground saltwater disposal system; and

(3) (A) The actual expenses of the producer in operating and maintaining an approved underground saltwater disposal system. (B) These expenses shall include the cost of labor, supplies, materials, utilities, and other necessary operating expenses. (C) For a producer who purchases the services of an approved underground saltwater disposal business or corporation for disposing of salt water produced in the production of oil or natural gas by the producer, the actual cost of the service is deemed to be the cost of the producer within the meaning of this section.

(A) The actual expenses of the producer in operating and maintaining an approved underground saltwater disposal system.

(B) These expenses shall include the cost of labor, supplies, materials, utilities, and other necessary operating expenses.

(C) For a producer who purchases the services of an approved underground saltwater disposal business or corporation for disposing of salt water produced in the production of oil or natural gas by the producer, the actual cost of the service is deemed to be the cost of the producer within the meaning of this section.

Amended by Act 2019, No. 910,§ 4268, eff. 7/1/2019.

Acts 1959, No. 57, § 6; A.S.A. 1947, § 84-2118; Acts 2009, No. 655, § 103; 2011, No. 791, § 9.
Ark. Code Ann. § 26-18-205 — AR Code / Title 26 / Chapter 18 / Subchapter 2 / Section 26-18-205
Failure to obey summons
Status: in_force

Any person who, being summoned to appear to testify or to produce and permit the examination of any books, records, or papers, neglects to appear or to produce the papers shall be guilty of a Class D felony. Acts 1979, No. 401, § 38; A.S.A. 1947, § 84-4738; Acts 1987, No. 502, § 10.

Any person who, being summoned to appear to testify or to produce and permit the examination of any books, records, or papers, neglects to appear or to produce the papers shall be guilty of a Class D felony.

Acts 1979, No. 401, § 38; A.S.A. 1947, § 84-4738; Acts 1987, No. 502, § 10.
Ark. Code Ann. § 26-75-701 — AR Code / Title 26 / Chapter 75 / Subchapter 7 / Section 26-75-701
Tax authorized - Definitions
Status: in_force

(a) Any city of the first class having a population of less than five thousand (5,000) inhabitants, a portion of which has been designated as a historic district and is included on the National Register of Historic Places, by ordinance of its governing body, may levy a tax not to exceed two percent (2%) upon the gross receipts or gross proceeds from any one (1) or more of the following: (1) The renting, leasing, or otherwise furnishing of lodging for profit in the city; (2) Restaurants, cafes, cafeterias, or other business establishments, as defined in the levying ordinance, engaged in the business of selling prepared food for consumption on the premises in the city; (3) Sales by retail businesses, a majority of whose gross receipts or gross proceeds are derived from the sale of items available for sale to tourists, as defined in the levying ordinance; and (4) Admission price to tourist attractions, as defined in § 26-63-401 . (b) (1) A tourist attraction with total gross receipts of seven hundred fifty thousand dollars ($750,000) or more that has a portion of the real property on which the attraction is located that abuts and adjoins a city may petition the adjoining city to be included without annexation in the levy and collection of the tax authorized in subsection (a) of this section. (2) Upon receipt of the petition, the governing body may pass an ordinance levying the tax authorized in this section on the petitioning area at the same rate as that of the adjoining city. (3) The adjoining city does not have authority over the petitioning tourist attraction except as provided in this section. (4) As used in this section, "tourist attraction" means: (A) A cultural or historical site; (B) A recreational or entertainment facility; (C) An area of natural phenomena or scenic beauty; (D) A theme park; (E) An amusement or entertainment park; (F) An indoor or outdoor play or music show; (G) A botanical garden; or (H) A cultural or educational center. (c) (1) As used in this subchapter, "lodging" means furnishing for profit temporary accommodations based on a rental, lease, or other agreement. (2) "Lodging" includes the furnishing for profit of: (A) A hotel room, motel room, or other similar room that provides accommodations for a traveler; (B) A condominium rental agreement; and (C) A meeting or party room facility. (3) "Lodging" does not include the rental or lease of an accommodation for thirty (30) consecutive days or more. Amended by Act 2023, No. 190,§ 3, eff. 3/6/2023, app. to ordinances levying or increasing taxes subject to this act that are enacted on or after the effective date of this act. Acts 1985, No. 478, § 1; 1985, No. 696, § 1; A.S.A. 1947, § 19-4622; Acts 1999, No. 1313, § 1; 2001, No. 1657, § 1; 2007, No. 182, § 31; 2007, No. 464, §§ 1, 2; 2007, No. 473, § 3.

(a) Any city of the first class having a population of less than five thousand (5,000) inhabitants, a portion of which has been designated as a historic district and is included on the National Register of Historic Places, by ordinance of its governing body, may levy a tax not to exceed two percent (2%) upon the gross receipts or gross proceeds from any one (1) or more of the following: (1) The renting, leasing, or otherwise furnishing of lodging for profit in the city; (2) Restaurants, cafes, cafeterias, or other business establishments, as defined in the levying ordinance, engaged in the business of selling prepared food for consumption on the premises in the city; (3) Sales by retail businesses, a majority of whose gross receipts or gross proceeds are derived from the sale of items available for sale to tourists, as defined in the levying ordinance; and (4) Admission price to tourist attractions, as defined in § 26-63-401 .

(1) The renting, leasing, or otherwise furnishing of lodging for profit in the city;

(2) Restaurants, cafes, cafeterias, or other business establishments, as defined in the levying ordinance, engaged in the business of selling prepared food for consumption on the premises in the city;

(3) Sales by retail businesses, a majority of whose gross receipts or gross proceeds are derived from the sale of items available for sale to tourists, as defined in the levying ordinance; and

(4) Admission price to tourist attractions, as defined in § 26-63-401 .

(b) (1) A tourist attraction with total gross receipts of seven hundred fifty thousand dollars ($750,000) or more that has a portion of the real property on which the attraction is located that abuts and adjoins a city may petition the adjoining city to be included without annexation in the levy and collection of the tax authorized in subsection (a) of this section. (2) Upon receipt of the petition, the governing body may pass an ordinance levying the tax authorized in this section on the petitioning area at the same rate as that of the adjoining city. (3) The adjoining city does not have authority over the petitioning tourist attraction except as provided in this section. (4) As used in this section, "tourist attraction" means: (A) A cultural or historical site; (B) A recreational or entertainment facility; (C) An area of natural phenomena or scenic beauty; (D) A theme park; (E) An amusement or entertainment park; (F) An indoor or outdoor play or music show; (G) A botanical garden; or (H) A cultural or educational center.

(1) A tourist attraction with total gross receipts of seven hundred fifty thousand dollars ($750,000) or more that has a portion of the real property on which the attraction is located that abuts and adjoins a city may petition the adjoining city to be included without annexation in the levy and collection of the tax authorized in subsection (a) of this section.

(2) Upon receipt of the petition, the governing body may pass an ordinance levying the tax authorized in this section on the petitioning area at the same rate as that of the adjoining city.

(3) The adjoining city does not have authority over the petitioning tourist attraction except as provided in this section.

(4) As used in this section, "tourist attraction" means: (A) A cultural or historical site; (B) A recreational or entertainment facility; (C) An area of natural phenomena or scenic beauty; (D) A theme park; (E) An amusement or entertainment park; (F) An indoor or outdoor play or music show; (G) A botanical garden; or (H) A cultural or educational center.

(A) A cultural or historical site;

(B) A recreational or entertainment facility;

(C) An area of natural phenomena or scenic beauty;

(D) A theme park;

(E) An amusement or entertainment park;

(F) An indoor or outdoor play or music show;

(G) A botanical garden; or

(H) A cultural or educational center.

(c) (1) As used in this subchapter, "lodging" means furnishing for profit temporary accommodations based on a rental, lease, or other agreement. (2) "Lodging" includes the furnishing for profit of: (A) A hotel room, motel room, or other similar room that provides accommodations for a traveler; (B) A condominium rental agreement; and (C) A meeting or party room facility. (3) "Lodging" does not include the rental or lease of an accommodation for thirty (30) consecutive days or more.

(1) As used in this subchapter, "lodging" means furnishing for profit temporary accommodations based on a rental, lease, or other agreement.

(2) "Lodging" includes the furnishing for profit of: (A) A hotel room, motel room, or other similar room that provides accommodations for a traveler; (B) A condominium rental agreement; and (C) A meeting or party room facility.

(A) A hotel room, motel room, or other similar room that provides accommodations for a traveler;

(B) A condominium rental agreement; and

(C) A meeting or party room facility.

(3) "Lodging" does not include the rental or lease of an accommodation for thirty (30) consecutive days or more.

Amended by Act 2023, No. 190,§ 3, eff. 3/6/2023, app. to ordinances levying or increasing taxes subject to this act that are enacted on or after the effective date of this act.

Acts 1985, No. 478, § 1; 1985, No. 696, § 1; A.S.A. 1947, § 19-4622; Acts 1999, No. 1313, § 1; 2001, No. 1657, § 1; 2007, No. 182, § 31; 2007, No. 464, §§ 1, 2; 2007, No. 473, § 3.
Ark. Code Ann. § 26-26-713 — AR Code / Title 26 / Chapter 26 / Subchapter 7 / Section 26-26-713
Filing of required lists
Status: in_force

(a) All lists required in §§ 26-26-705 , 26-26-707 , and 26-26-708 by clerks, school directors, and others shall be filed with the county assessors of the various counties on the first Monday in January of each year. (b) The lists shall be filed in triplicate: (1) One (1) to be forwarded by the county assessor to the Arkansas Public Service Commission; (2) One (1) to be filed with the county clerk; and (3) One (1) to be retained by the county assessor. (c) (1) The list retained by the county assessor shall be checked by him or her and used in his or her endeavor to place all taxable property on the books. (2) When the county assessor's books are closed, the county assessor shall certify all of the lists to the county court, and the certificate shall show whether the individuals have made an assessment and if not, why not, and what effort the county assessor has put forth in each case to secure an assessment by each individual on the lists. (d) (1) Upon conviction, any individual, school director, tax commissioner, county assessor, or other person charged with a duty under this section who fails to perform the duty is guilty of a violation and shall be fined in any sum not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). (2) Upon conviction for a second offense, in the case of any public official, the public official shall be removed from office. (e) The commission shall prepare such forms as will ensure the effective execution of this section. Acts 1929, No. 111, §§ 9, 10; Pope's Dig., §§ 3622, 11541, 13633, 13634; A.S.A. 1947, §§ 84-411, 84-412; Acts 2005, No. 1994, § 166; 2007, No. 827, § 201.

(a) All lists required in §§ 26-26-705 , 26-26-707 , and 26-26-708 by clerks, school directors, and others shall be filed with the county assessors of the various counties on the first Monday in January of each year.

(b) The lists shall be filed in triplicate: (1) One (1) to be forwarded by the county assessor to the Arkansas Public Service Commission; (2) One (1) to be filed with the county clerk; and (3) One (1) to be retained by the county assessor.

(1) One (1) to be forwarded by the county assessor to the Arkansas Public Service Commission;

(2) One (1) to be filed with the county clerk; and

(3) One (1) to be retained by the county assessor.

(c) (1) The list retained by the county assessor shall be checked by him or her and used in his or her endeavor to place all taxable property on the books. (2) When the county assessor's books are closed, the county assessor shall certify all of the lists to the county court, and the certificate shall show whether the individuals have made an assessment and if not, why not, and what effort the county assessor has put forth in each case to secure an assessment by each individual on the lists.

(1) The list retained by the county assessor shall be checked by him or her and used in his or her endeavor to place all taxable property on the books.

(2) When the county assessor's books are closed, the county assessor shall certify all of the lists to the county court, and the certificate shall show whether the individuals have made an assessment and if not, why not, and what effort the county assessor has put forth in each case to secure an assessment by each individual on the lists.

(d) (1) Upon conviction, any individual, school director, tax commissioner, county assessor, or other person charged with a duty under this section who fails to perform the duty is guilty of a violation and shall be fined in any sum not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000). (2) Upon conviction for a second offense, in the case of any public official, the public official shall be removed from office.

(1) Upon conviction, any individual, school director, tax commissioner, county assessor, or other person charged with a duty under this section who fails to perform the duty is guilty of a violation and shall be fined in any sum not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000).

(2) Upon conviction for a second offense, in the case of any public official, the public official shall be removed from office.

(e) The commission shall prepare such forms as will ensure the effective execution of this section.

Acts 1929, No. 111, §§ 9, 10; Pope's Dig., §§ 3622, 11541, 13633, 13634; A.S.A. 1947, §§ 84-411, 84-412; Acts 2005, No. 1994, § 166; 2007, No. 827, § 201.
Ark. Code Ann. § 26-57-1505 — AR Code / Title 26 / Chapter 57 / Subchapter 15 / Section 26-57-1505
Remittance of tax
Status: in_force

(a) The tax levied by § 26-57-1504 shall be paid by the cultivation facility, dispensary, or other marijuana business when the usable marijuana is sold. (b) The cultivation facility, dispensary, or other marijuana business subject to this tax shall file a monthly return and remit the tax for the month to the Secretary of the Department of Finance and Administration on or before the twentieth day of the month next following the month in which the sale or purchase was made. (c) (1) The return shall be filed with the Department of Finance and Administration through the Arkansas Taxpayer Access Point electronic filing system, or its successor. (2) The return shall contain such information as the secretary requires for the proper administration of this subchapter. (3) Payment shall be made through the Arkansas Taxpayer Access Point, or its successor, when cultivation facilities, dispensaries, or other marijuana businesses are authorized to use federal banking systems. Amended by Act 2019, No. 910,§ 4228, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4227, eff. 7/1/2019. Added by Act 2017, No. 1098,§ 2, eff. 7/1/2017.

(a) The tax levied by § 26-57-1504 shall be paid by the cultivation facility, dispensary, or other marijuana business when the usable marijuana is sold.

(b) The cultivation facility, dispensary, or other marijuana business subject to this tax shall file a monthly return and remit the tax for the month to the Secretary of the Department of Finance and Administration on or before the twentieth day of the month next following the month in which the sale or purchase was made.

(c) (1) The return shall be filed with the Department of Finance and Administration through the Arkansas Taxpayer Access Point electronic filing system, or its successor. (2) The return shall contain such information as the secretary requires for the proper administration of this subchapter. (3) Payment shall be made through the Arkansas Taxpayer Access Point, or its successor, when cultivation facilities, dispensaries, or other marijuana businesses are authorized to use federal banking systems.

(1) The return shall be filed with the Department of Finance and Administration through the Arkansas Taxpayer Access Point electronic filing system, or its successor.

(2) The return shall contain such information as the secretary requires for the proper administration of this subchapter.

(3) Payment shall be made through the Arkansas Taxpayer Access Point, or its successor, when cultivation facilities, dispensaries, or other marijuana businesses are authorized to use federal banking systems.

Amended by Act 2019, No. 910,§ 4228, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4227, eff. 7/1/2019.

Added by Act 2017, No. 1098,§ 2, eff. 7/1/2017.
Ark. Code Ann. § 26-51-517 — AR Code / Title 26 / Chapter 51 / Subchapter 5 / Section 26-51-517
Waterways investment tax credit
Status: in_force

(a) There is allowed an income tax credit against the income tax imposed by this chapter in the amount stated in subsection (b) of this section for the cost of making capital improvements to a facility or property related to using water transportation in the state, including without limitation the construction, improvement, capital facility rehabilitation, and expansion of a waterway facility and the construction or improvement of rail or road access to a waterway facility, on or after January 1, 2024, and on or before December 31, 2025. (b) (1) Except as otherwise provided in this subsection, the tax credit allowed under subsection (a) of this section shall not exceed three million dollars ($3,000,000) for a taxpayer that makes the capital improvements to a facility or property related to using water transportation in the state. (2) The amount of the tax credit that a taxpayer may claim each year is limited to a maximum of ten percent (10%) of the total tax credit for which the taxpayer is eligible. (3) The total cumulative amount of tax credits for all taxpayers under this section in a tax year shall: (A) Not exceed two million five hundred thousand dollars ($2,500,000); and (B) Be issued on a first-come, first served basis. (4) A tax credit allowed under this section shall be issued only after the Secretary of the Department of Commerce has determined, based on the information provided by the applicant for a tax credit under this section, that the taxpayer's capital investment in a facility or property related to using water transportation in the state will provide an economic benefit to the state that will likely be equal to or greater than the amount of the tax credit allowed under this section. (c) Any unused income tax credit that cannot be claimed in a tax year because of the limit stated in subdivision (b)(2) of this section may be carried forward for nine (9) consecutive tax years following the tax year in which the income tax credit was earned. (d) A taxpayer is not eligible for the credit allowed under this section if the taxpayer has received funds under the Arkansas Port, Intermodal, and Waterway Development Grant Program. (e) The Secretary of the Department of Finance and Administration shall: (1) Promulgate rules to implement this section; (2) Review the overall economic impact of this section on or before December 31, 2030, and again on or before December 31, 2035; and (3) Report his or her findings under subdivision (e)(2) of this section to the Legislative Council or, if the General Assembly is in session, to the Joint Budget Committee within thirty (30) days of completing the required review. Added by Act 2023, No. 881,§ 4, eff. 1/1/2024, app. for tax years beginning on or after January 1, 2024.

(a) There is allowed an income tax credit against the income tax imposed by this chapter in the amount stated in subsection (b) of this section for the cost of making capital improvements to a facility or property related to using water transportation in the state, including without limitation the construction, improvement, capital facility rehabilitation, and expansion of a waterway facility and the construction or improvement of rail or road access to a waterway facility, on or after January 1, 2024, and on or before December 31, 2025.

(b) (1) Except as otherwise provided in this subsection, the tax credit allowed under subsection (a) of this section shall not exceed three million dollars ($3,000,000) for a taxpayer that makes the capital improvements to a facility or property related to using water transportation in the state. (2) The amount of the tax credit that a taxpayer may claim each year is limited to a maximum of ten percent (10%) of the total tax credit for which the taxpayer is eligible. (3) The total cumulative amount of tax credits for all taxpayers under this section in a tax year shall: (A) Not exceed two million five hundred thousand dollars ($2,500,000); and (B) Be issued on a first-come, first served basis. (4) A tax credit allowed under this section shall be issued only after the Secretary of the Department of Commerce has determined, based on the information provided by the applicant for a tax credit under this section, that the taxpayer's capital investment in a facility or property related to using water transportation in the state will provide an economic benefit to the state that will likely be equal to or greater than the amount of the tax credit allowed under this section.

(1) Except as otherwise provided in this subsection, the tax credit allowed under subsection (a) of this section shall not exceed three million dollars ($3,000,000) for a taxpayer that makes the capital improvements to a facility or property related to using water transportation in the state.

(2) The amount of the tax credit that a taxpayer may claim each year is limited to a maximum of ten percent (10%) of the total tax credit for which the taxpayer is eligible.

(3) The total cumulative amount of tax credits for all taxpayers under this section in a tax year shall: (A) Not exceed two million five hundred thousand dollars ($2,500,000); and (B) Be issued on a first-come, first served basis.

(A) Not exceed two million five hundred thousand dollars ($2,500,000); and

(B) Be issued on a first-come, first served basis.

(4) A tax credit allowed under this section shall be issued only after the Secretary of the Department of Commerce has determined, based on the information provided by the applicant for a tax credit under this section, that the taxpayer's capital investment in a facility or property related to using water transportation in the state will provide an economic benefit to the state that will likely be equal to or greater than the amount of the tax credit allowed under this section.

(c) Any unused income tax credit that cannot be claimed in a tax year because of the limit stated in subdivision (b)(2) of this section may be carried forward for nine (9) consecutive tax years following the tax year in which the income tax credit was earned.

(d) A taxpayer is not eligible for the credit allowed under this section if the taxpayer has received funds under the Arkansas Port, Intermodal, and Waterway Development Grant Program.

(e) The Secretary of the Department of Finance and Administration shall: (1) Promulgate rules to implement this section; (2) Review the overall economic impact of this section on or before December 31, 2030, and again on or before December 31, 2035; and (3) Report his or her findings under subdivision (e)(2) of this section to the Legislative Council or, if the General Assembly is in session, to the Joint Budget Committee within thirty (30) days of completing the required review.

(1) Promulgate rules to implement this section;

(2) Review the overall economic impact of this section on or before December 31, 2030, and again on or before December 31, 2035; and

(3) Report his or her findings under subdivision (e)(2) of this section to the Legislative Council or, if the General Assembly is in session, to the Joint Budget Committee within thirty (30) days of completing the required review.

Added by Act 2023, No. 881,§ 4, eff. 1/1/2024, app. for tax years beginning on or after January 1, 2024.
Ark. Code Ann. § 26-39-218 — AR Code / Title 26 / Chapter 39 / Subchapter 2 / Section 26-39-218
Lien for balance due
Status: in_force

The amount or balance of every account settled and due to the county shall be a lien from the date of the settlement of the account on the real estate and personal property of the delinquent officer situated in the county wherein each delinquent lives. Acts 1883, No. 114, § 201, p. 199; C. & M. Dig., § 10163; Pope's Dig., § 13945; A.S.A. 1947, § 84-1441.

The amount or balance of every account settled and due to the county shall be a lien from the date of the settlement of the account on the real estate and personal property of the delinquent officer situated in the county wherein each delinquent lives.

Acts 1883, No. 114, § 201, p. 199; C. & M. Dig., § 10163; Pope's Dig., § 13945; A.S.A. 1947, § 84-1441.
Ark. Code Ann. § 26-75-204 — AR Code / Title 26 / Chapter 75 / Subchapter 2 / Section 26-75-204
Issuance of bonds
Status: in_force

(a) A city levying the tax as permitted in this subchapter in addition to the authority existing under the laws of the state is authorized to acquire, construct, equip, reconstruct, extend, and improve capital improvements of a public nature, collectively referred to as a "project", within or near such city and is authorized to issue bonds to provide funds for accomplishing projects and to pledge all or any part of the revenues which the city is entitled to receive from the tax levied by such city pursuant to this subchapter to pay lease rentals or the principal of, interest on, and fees and expenses in connection with such bonds. (b) Bonds issued by a city pursuant to this subchapter shall be authorized by ordinance of the governing body. The bonds may: (1) Be coupon bonds payable to bearer or may be registered as to principal or as to principal and interest; (2) Be exchangeable for bonds of another denomination; (3) Be in such form and denominations; (4) Be made payable at such places within or without the state; (5) Be issued in one (1) or more series; (6) Bear such date or dates; (7) Mature at such time or times, not exceeding forty (40) years from their respective dates; (8) Bear interest at such rate or rates; (9) Be payable in such medium of payment; (10) Be subject to such terms of redemption; and (11) May contain such other terms, covenants, and conditions, as the ordinance authorizing their issuance may provide, including, without limitation, those pertaining to: (A) The custody, investment, and application of the proceeds of the bonds; (B) The collection and disposition of revenues; (C) The maintenance of various funds and reserves; (D) The nature and extent of the security and pledging of revenues; (E) The rights, duties, and obligations of the city and the trustee for the holders and registered owners of the bonds; and (F) The rights of the holders and registered owners of the bonds. (c) There may be successive bond issues for the purpose of financing the same project, and there may be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping projects already in existence, whether or not originally financed by bonds issued under this subchapter, and with each successive issue to be authorized as provided by this subchapter. Priority between and among issues and successive issues as to security of the pledge of revenues and lien on the project facilities involved may be controlled by the ordinance authorizing the issuance of bonds under this subchapter. Subject to the provisions of this subchapter pertaining to registration, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas. A copy of the ordinance authorizing bonds under this subchapter, certified by the clerk or recorder of the city, shall be filed with the Secretary of the Department of Finance and Administration and with the Treasurer of State. (d) The bonds shall be executed by the mayor of the city and attested by the clerk or recorder of the city, by their manual or facsimile signatures. Coupons attached to the bonds shall be executed by the facsimile signature of the mayor. In case any of the officers whose signatures appear on the bonds or coupons cease to be such officers before delivery of the bonds or coupons, their signatures shall nevertheless be valid and sufficient for all purposes. The bonds shall be sealed with the seal of the city issuing the bonds. (e) The bonds shall not be general obligations of the city involved, but shall be special obligations secured and payable as provided in this subchapter. In no event shall the bonds constitute an indebtedness of the city within the meaning of any constitutional or statutory limitation. The principal of, and interest on, all bonds issued under the authority of this subchapter shall be secured by a pledge of, and shall be payable from, all or any part of the revenues derived from the tax levied by the city pursuant to this subchapter or from all or any part of the revenues derived from the operation of the project involved, if and to the extent permitted by other laws of the State of Arkansas authorizing the issuance of revenue bonds secured by the revenues of such facilities. The ordinance authorizing the issuance of bonds together with this subchapter shall constitute a contract by and between the city and the holders and registered owners of the bonds issued by the city under the authority of this subchapter, which contract, and all covenants, agreements, and obligations therein shall be promptly performed in strict compliance with the terms and provisions of the contract, and the contract and all rights of the holders and registered owners of the bonds and the obligations of the city may be enforced by mandamus or any other appropriate proceeding at law or in equity. It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter. (f) The ordinance authorizing the bonds may provide for the execution by the city with a bank or trust company, within or without the State of Arkansas, of a trust indenture. The trust indenture may control the priority between and among successive issues and series, and may contain any other terms, covenants, and conditions that are deemed desirable by the governing body including, without limitation, those pertaining to: (1) The custody, investment, and application of the proceeds of bonds; (2) The collection and disposition of revenues; (3) The maintenance of various funds and reserves; (4) The nature and extent of the security; (5) The rights, duties, and obligations of the city and the trustee for the holders and registered owners of the bonds; and (6) The rights of the holders and registered owners of the bonds. (g) Bonds issued under the authority of this subchapter may be sold at public or private sale. If sold at public sale, the bonds shall be sold on sealed bids, and notice of the sale shall be published one (1) time in a newspaper having a general circulation throughout the State of Arkansas, at least ten (10) days prior to the date of the sale. In either case, the bonds may be sold at such price as the city may accept, including sale at a discount. (h) Bonds issued under the authority of this subchapter are made securities in which insurance companies, trust companies, banks, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds including capital in their control or belonging to them. Such bonds are made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is authorized by law. Any municipality or county, or any board, commission, or other authority established by any such municipality or county, or the boards of trustees, respectively, of any retirement fund or retirement system created by or pursuant to authority conferred by the General Assembly in its discretion may invest any of its funds not immediately needed for its purposes in bonds issued under the authority of this subchapter, and bonds issued under the authority of this subchapter shall be eligible to secure the deposit of public funds. (i) The principal of and interest on bonds issued under the authority of this subchapter shall be exempt from all state, county, school district, community college district, and municipal taxes. This exemption shall include income, property, inheritance, and estate taxes. (j) Revenue bonds may be issued hereunder for the purpose of refunding any obligations issued under this subchapter or under the authority of any other law for the purpose of providing all or part of the funds for the construction, reconstruction, extension, equipment, acquisition, or improvement of any capital improvements of a public nature. These refunding bonds may be combined with bonds issued under the provisions of this section into a single issue. When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations. If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof. The ordinance under which the refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby. These refunding bonds shall be issued and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of these bonds. Amended by Act 2019, No. 910,§ 4416, eff. 7/1/2019. Acts 1981 (1st Ex. Sess.), No. 25, § 15, as added by Acts 1983, No. 726, § 6; A.S.A. 1947, § 19-4534; Acts 2009, No. 655, § 114.

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

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

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

(2) Be exchangeable for bonds of another denomination;

(3) Be in such form and denominations;

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

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

(6) Bear such date or dates;

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

(8) Bear interest at such rate or rates;

(9) Be payable in such medium of payment;

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

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

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

(B) The collection and disposition of revenues;

(C) The maintenance of various funds and reserves;

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

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

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

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

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

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

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

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

(2) The collection and disposition of revenues;

(3) The maintenance of various funds and reserves;

(4) The nature and extent of the security;

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

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

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

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

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

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

Amended by Act 2019, No. 910,§ 4416, eff. 7/1/2019.

Acts 1981 (1st Ex. Sess.), No. 25, § 15, as added by Acts 1983, No. 726, § 6; A.S.A. 1947, § 19-4534; Acts 2009, No. 655, § 114.
Ark. Code Ann. § 26-28-204 — AR Code / Title 26 / Chapter 28 / Subchapter 2 / Section 26-28-204
Recorded real estate transfers certified to county collector
Status: in_force

In all counties in the State of Arkansas wherein the unit tax ledger system is installed, the county recorder of deeds, immediately upon recording any instrument of any kind that transfers or conveys title to real property from one (1) person, firm, corporation, organization, state, county, or municipality to another or whenever title to real property, by whatever means, passes on to another, shall certify to the county collector the names and addresses of the grantors or devisors when known or when they can be ascertained and the name and address of the grantee or devisee when known or when he or she can be ascertained, the book number of the record and the page on which the instrument is recorded, the kind and character of the instrument, and the date thereof. Accordingly, all necessary forms and records required to perfect the installation of the tax system contemplated by this subchapter are authorized, and all laws and parts of laws relating to the manner of handling real and personal property taxes are amended, to conform to this system insofar as the collection thereof is concerned in the counties which, through their county quorum courts, shall adopt the terms and provisions of this subchapter. Acts 1945, No. 207, § 4; A.S.A. 1947, § 84-817.

In all counties in the State of Arkansas wherein the unit tax ledger system is installed, the county recorder of deeds, immediately upon recording any instrument of any kind that transfers or conveys title to real property from one (1) person, firm, corporation, organization, state, county, or municipality to another or whenever title to real property, by whatever means, passes on to another, shall certify to the county collector the names and addresses of the grantors or devisors when known or when they can be ascertained and the name and address of the grantee or devisee when known or when he or she can be ascertained, the book number of the record and the page on which the instrument is recorded, the kind and character of the instrument, and the date thereof. Accordingly, all necessary forms and records required to perfect the installation of the tax system contemplated by this subchapter are authorized, and all laws and parts of laws relating to the manner of handling real and personal property taxes are amended, to conform to this system insofar as the collection thereof is concerned in the counties which, through their county quorum courts, shall adopt the terms and provisions of this subchapter.

Acts 1945, No. 207, § 4; A.S.A. 1947, § 84-817.
Ark. Code Ann. § 26-56-706 — AR Code / Title 26 / Chapter 56 / Subchapter 7 / Section 26-56-706
Records - Inspection
Status: in_force

(a) The Secretary of the Department of Finance and Administration shall keep a permanent record by fire department of the amount of refund claimed and paid to each claimant. (b) The records shall be open to public inspection. Amended by Act 2019, No. 910,§ 4105, eff. 7/1/2019. Acts 2001, No. 419, § 6.

(a) The Secretary of the Department of Finance and Administration shall keep a permanent record by fire department of the amount of refund claimed and paid to each claimant.

(b) The records shall be open to public inspection.

Amended by Act 2019, No. 910,§ 4105, eff. 7/1/2019.

Acts 2001, No. 419, § 6.
Ark. Code Ann. § 26-38-201 — AR Code / Title 26 / Chapter 38 / Subchapter 2 / Section 26-38-201
Suit to confirm title to land in state
Status: in_force

(a) If real property has been forfeited to the State of Arkansas and conveyed by certification to the Commissioner of State Lands for the nonpayment of taxes, the state or the purchaser, donee, or redemptor of the real property may file a suit for confirmation of title in the circuit court of the county where the real property lies, requesting that the title to the real property be confirmed and quieted in the State of Arkansas in care of the Commissioner of State Lands, or in the purchaser, donee, or redemptor of the real property in fee simple. (b) (1) A suit to confirm title in the State of Arkansas or in a purchaser, donee, or redemptor may be filed at any time after the conveyance by certification. (2) The state may elect to file a suit for confirmation after conveyance from the state to a purchaser, donee, or redemptor. (3) If a suit for confirmation is filed after a conveyance from the state, the decree of confirmation inures to the benefit of the purchaser, donee, or redemptor of the real property. Amended by Act 2013, No. 1135,§ 6, eff. 8/16/2013. Acts 1993, No. 646, § 1; 2011, No. 1133, § 1.

(a) If real property has been forfeited to the State of Arkansas and conveyed by certification to the Commissioner of State Lands for the nonpayment of taxes, the state or the purchaser, donee, or redemptor of the real property may file a suit for confirmation of title in the circuit court of the county where the real property lies, requesting that the title to the real property be confirmed and quieted in the State of Arkansas in care of the Commissioner of State Lands, or in the purchaser, donee, or redemptor of the real property in fee simple.

(b) (1) A suit to confirm title in the State of Arkansas or in a purchaser, donee, or redemptor may be filed at any time after the conveyance by certification. (2) The state may elect to file a suit for confirmation after conveyance from the state to a purchaser, donee, or redemptor. (3) If a suit for confirmation is filed after a conveyance from the state, the decree of confirmation inures to the benefit of the purchaser, donee, or redemptor of the real property.

(1) A suit to confirm title in the State of Arkansas or in a purchaser, donee, or redemptor may be filed at any time after the conveyance by certification.

(2) The state may elect to file a suit for confirmation after conveyance from the state to a purchaser, donee, or redemptor.

(3) If a suit for confirmation is filed after a conveyance from the state, the decree of confirmation inures to the benefit of the purchaser, donee, or redemptor of the real property.

Amended by Act 2013, No. 1135,§ 6, eff. 8/16/2013.

Acts 1993, No. 646, § 1; 2011, No. 1133, § 1.
Ark. Code Ann. § 26-26-1408 — AR Code / Title 26 / Chapter 26 / Subchapter 14 / Section 26-26-1408
Time for assessment and payment
Status: in_force

(a) (1) A taxpayer shall annually assess his or her tangible personal property for ad valorem taxes during the period from January 1 through May 31. (2) (A) Taxable tangible personal property of a new resident and a new business established between January 1 and May 31 and taxable tangible personal property acquired by a resident during the period from January 1 through May 31, except tangible personal property acquired during the period of May 2 through May 31, shall be assessable without delinquency within thirty (30) days following the date of its acquisition. (B) All taxable tangible personal property assessable during this period shall be assessed according to its market value as of: (i) January 1 of the year of the assessment; or (ii) The date of acquisition if the tangible personal property was acquired during the period of January 2 through May 31 of the year of assessment. (3) The ten percent (10%) penalty for delinquent assessment shall not apply to tangible personal property becoming eligible for assessment through May 31 if the tangible personal property is assessed on or before May 31, except that: (A) If May 31 of an assessment year falls on a Saturday, Sunday, or postal holiday, then the last day to assess without incurring a penalty shall be the following business day; and (B) Tangible personal property acquired during the period of May 2 through May 31 shall be assessable without penalty within thirty (30) days following the date of its acquisition. (4) (A) Taxable tangible personal property of a person moving his or her residence from Arkansas, and taxable tangible personal property disposed of by a resident and a business, during the period between January 1 and May 31, if assessed for that year, shall be removed from the assessment rolls, and, if not assessed, shall not be deemed assessable for that year. (B) Before removal of the tangible personal property from the assessment rolls, it shall be the responsibility of the property owner to provide the county assessor with notification, and, upon request from the county assessor, proof of the disposal. (5) The tangible personal property referred to in subdivisions (a)(1)-(4) of this section shall not include the inventory of a commercial establishment because specific provisions for the assessment of the inventory of a commercial establishment is provided elsewhere in this Arkansas Code. (6) (A) The county assessor may list, value, and assess tangible personal property for a period extending through July 31 of each year of assessment. (B) Assessment of tangible personal property after July 31 shall be according to provision of existing law. (b) (1) Except as provided in subdivision (b)(2) of this section, personal property taxes are payable each year between the first business day in March and October 15 inclusive. (2) A taxpayer may pay personal property taxes before the first business day in March if the county collector exercises his or her authorization under § 26-35-501(a)(1)(B) to open the tax books before the first business day in March. Amended by Act 2021, No. 307,§ 1, eff. 3/9/2021. Amended by Act 2015, No. 59,§ 1, eff. 2/13/2015. Acts 1981, No. 927, § 2; A.S.A. 1947, § 84-494.1; Acts 1987, No. 621, §§ 2, 4; 1988 (3rd Ex. Sess.), No. 35, § 1; 1991, No. 860, § 2; 1995, No. 754, § 1; 1999, No. 1292, § 1; 2007, No. 827, § 204; 2009, No. 277, § 1; 2011, No. 175, § 9.

(a) (1) A taxpayer shall annually assess his or her tangible personal property for ad valorem taxes during the period from January 1 through May 31. (2) (A) Taxable tangible personal property of a new resident and a new business established between January 1 and May 31 and taxable tangible personal property acquired by a resident during the period from January 1 through May 31, except tangible personal property acquired during the period of May 2 through May 31, shall be assessable without delinquency within thirty (30) days following the date of its acquisition. (B) All taxable tangible personal property assessable during this period shall be assessed according to its market value as of: (i) January 1 of the year of the assessment; or (ii) The date of acquisition if the tangible personal property was acquired during the period of January 2 through May 31 of the year of assessment. (3) The ten percent (10%) penalty for delinquent assessment shall not apply to tangible personal property becoming eligible for assessment through May 31 if the tangible personal property is assessed on or before May 31, except that: (A) If May 31 of an assessment year falls on a Saturday, Sunday, or postal holiday, then the last day to assess without incurring a penalty shall be the following business day; and (B) Tangible personal property acquired during the period of May 2 through May 31 shall be assessable without penalty within thirty (30) days following the date of its acquisition. (4) (A) Taxable tangible personal property of a person moving his or her residence from Arkansas, and taxable tangible personal property disposed of by a resident and a business, during the period between January 1 and May 31, if assessed for that year, shall be removed from the assessment rolls, and, if not assessed, shall not be deemed assessable for that year. (B) Before removal of the tangible personal property from the assessment rolls, it shall be the responsibility of the property owner to provide the county assessor with notification, and, upon request from the county assessor, proof of the disposal. (5) The tangible personal property referred to in subdivisions (a)(1)-(4) of this section shall not include the inventory of a commercial establishment because specific provisions for the assessment of the inventory of a commercial establishment is provided elsewhere in this Arkansas Code. (6) (A) The county assessor may list, value, and assess tangible personal property for a period extending through July 31 of each year of assessment. (B) Assessment of tangible personal property after July 31 shall be according to provision of existing law.

(1) A taxpayer shall annually assess his or her tangible personal property for ad valorem taxes during the period from January 1 through May 31.

(2) (A) Taxable tangible personal property of a new resident and a new business established between January 1 and May 31 and taxable tangible personal property acquired by a resident during the period from January 1 through May 31, except tangible personal property acquired during the period of May 2 through May 31, shall be assessable without delinquency within thirty (30) days following the date of its acquisition. (B) All taxable tangible personal property assessable during this period shall be assessed according to its market value as of: (i) January 1 of the year of the assessment; or (ii) The date of acquisition if the tangible personal property was acquired during the period of January 2 through May 31 of the year of assessment.

(A) Taxable tangible personal property of a new resident and a new business established between January 1 and May 31 and taxable tangible personal property acquired by a resident during the period from January 1 through May 31, except tangible personal property acquired during the period of May 2 through May 31, shall be assessable without delinquency within thirty (30) days following the date of its acquisition.

(B) All taxable tangible personal property assessable during this period shall be assessed according to its market value as of: (i) January 1 of the year of the assessment; or (ii) The date of acquisition if the tangible personal property was acquired during the period of January 2 through May 31 of the year of assessment.

(i) January 1 of the year of the assessment; or

(ii) The date of acquisition if the tangible personal property was acquired during the period of January 2 through May 31 of the year of assessment.

(3) The ten percent (10%) penalty for delinquent assessment shall not apply to tangible personal property becoming eligible for assessment through May 31 if the tangible personal property is assessed on or before May 31, except that: (A) If May 31 of an assessment year falls on a Saturday, Sunday, or postal holiday, then the last day to assess without incurring a penalty shall be the following business day; and (B) Tangible personal property acquired during the period of May 2 through May 31 shall be assessable without penalty within thirty (30) days following the date of its acquisition.

(A) If May 31 of an assessment year falls on a Saturday, Sunday, or postal holiday, then the last day to assess without incurring a penalty shall be the following business day; and

(B) Tangible personal property acquired during the period of May 2 through May 31 shall be assessable without penalty within thirty (30) days following the date of its acquisition.

(4) (A) Taxable tangible personal property of a person moving his or her residence from Arkansas, and taxable tangible personal property disposed of by a resident and a business, during the period between January 1 and May 31, if assessed for that year, shall be removed from the assessment rolls, and, if not assessed, shall not be deemed assessable for that year. (B) Before removal of the tangible personal property from the assessment rolls, it shall be the responsibility of the property owner to provide the county assessor with notification, and, upon request from the county assessor, proof of the disposal.

(A) Taxable tangible personal property of a person moving his or her residence from Arkansas, and taxable tangible personal property disposed of by a resident and a business, during the period between January 1 and May 31, if assessed for that year, shall be removed from the assessment rolls, and, if not assessed, shall not be deemed assessable for that year.

(B) Before removal of the tangible personal property from the assessment rolls, it shall be the responsibility of the property owner to provide the county assessor with notification, and, upon request from the county assessor, proof of the disposal.

(5) The tangible personal property referred to in subdivisions (a)(1)-(4) of this section shall not include the inventory of a commercial establishment because specific provisions for the assessment of the inventory of a commercial establishment is provided elsewhere in this Arkansas Code.

(6) (A) The county assessor may list, value, and assess tangible personal property for a period extending through July 31 of each year of assessment. (B) Assessment of tangible personal property after July 31 shall be according to provision of existing law.

(A) The county assessor may list, value, and assess tangible personal property for a period extending through July 31 of each year of assessment.

(B) Assessment of tangible personal property after July 31 shall be according to provision of existing law.

(b) (1) Except as provided in subdivision (b)(2) of this section, personal property taxes are payable each year between the first business day in March and October 15 inclusive. (2) A taxpayer may pay personal property taxes before the first business day in March if the county collector exercises his or her authorization under § 26-35-501(a)(1)(B) to open the tax books before the first business day in March.

(1) Except as provided in subdivision (b)(2) of this section, personal property taxes are payable each year between the first business day in March and October 15 inclusive.

(2) A taxpayer may pay personal property taxes before the first business day in March if the county collector exercises his or her authorization under § 26-35-501(a)(1)(B) to open the tax books before the first business day in March.

Amended by Act 2021, No. 307,§ 1, eff. 3/9/2021.

Amended by Act 2015, No. 59,§ 1, eff. 2/13/2015.

Acts 1981, No. 927, § 2; A.S.A. 1947, § 84-494.1; Acts 1987, No. 621, §§ 2, 4; 1988 (3rd Ex. Sess.), No. 35, § 1; 1991, No. 860, § 2; 1995, No. 754, § 1; 1999, No. 1292, § 1; 2007, No. 827, § 204; 2009, No. 277, § 1; 2011, No. 175, § 9.
Ark. Code Ann. § 26-74-311 — AR Code / Title 26 / Chapter 74 / Subchapter 3 / Section 26-74-311
Notification of results
Status: in_force

(a) Within ten (10) days after the certification of the votes of any election resulting in the adoption or abolition of a tax levied pursuant to this subchapter and ninety (90) days before the effective date, the county court shall notify the Secretary of the Department of Finance and Administration of the results. (b) A rate change will become effective only on the first day of a calendar quarter after a minimum of sixty (60) days' notice by the secretary to sellers. (c) A rate change on a purchase from a printed catalog in which the purchaser computed the tax based upon local tax rates published in the catalog will be applicable beginning on the first day of a calendar quarter after a minimum of one hundred twenty (120) days' notice by the secretary to the sellers. (d) For sales and use tax purposes only, a local boundary change will become effective only on the first day of a calendar quarter after a minimum of sixty (60) days' notice by the secretary to the sellers. Amended by Act 2019, No. 910,§ 4384, eff. 7/1/2019. Acts 1981, No. 991, § 8; A.S.A. 1947, § 17-2017; Acts 2003, No. 383, § 4; 2003, No. 1273, § 40.

(a) Within ten (10) days after the certification of the votes of any election resulting in the adoption or abolition of a tax levied pursuant to this subchapter and ninety (90) days before the effective date, the county court shall notify the Secretary of the Department of Finance and Administration of the results.

(b) A rate change will become effective only on the first day of a calendar quarter after a minimum of sixty (60) days' notice by the secretary to sellers.

(c) A rate change on a purchase from a printed catalog in which the purchaser computed the tax based upon local tax rates published in the catalog will be applicable beginning on the first day of a calendar quarter after a minimum of one hundred twenty (120) days' notice by the secretary to the sellers.

(d) For sales and use tax purposes only, a local boundary change will become effective only on the first day of a calendar quarter after a minimum of sixty (60) days' notice by the secretary to the sellers.

Amended by Act 2019, No. 910,§ 4384, eff. 7/1/2019.

Acts 1981, No. 991, § 8; A.S.A. 1947, § 17-2017; Acts 2003, No. 383, § 4; 2003, No. 1273, § 40.
Ark. Code Ann. § 26-51-902 — AR Code / Title 26 / Chapter 51 / Subchapter 9 / Section 26-51-902
Definitions
Status: in_force

As used in this subchapter: (1) "Agricultural labor" means agricultural labor as defined in 26 U.S.C. § 3121(g) , as in effect January 1, 1993; (2) "Calendar quarter" means the period of three (3) consecutive months ending on March 31, June 30, September 30, or December 31; (3) "Division" means the Revenue Division of the Department of Finance and Administration of the State of Arkansas; (4) "Employee" means any individual subject to the Income Tax Act of 1929, § 26-51-101 et seq., who performs or performed services for an employer and receives wages for the services; (5) "Employer" means a person doing business in or deriving income from sources within this state who has control of the payment of wages to an individual for services performed, a person doing business in or deriving income from sources outside this state who has control of the payment of wages to an individual for services performed within this state, or a person who is the officer or agent of the person having control of the payment of wages; (6) "Estimated tax" means the amount by which the tax liability of the taxpayer under the Income Tax Act of 1929, § 26-51-101 et seq., can reasonably be expected to exceed the amount withheld from wages of the taxpayer pursuant to this subchapter during the income year; (7) (A) "Income year" means the calendar or fiscal year upon the basis of which the net income of the taxpayer is computed under the Income Tax Act of 1929, § 26-51-101 et seq. (B) If no fiscal year has been established, it means the calendar year; (8) [Repealed.] (9) "Person" means individuals, fiduciaries, corporations, partnerships, limited liability companies, associations, the state and its political subdivisions, and the federal government and its agencies and instrumentalities; (10) "Taxpayer" means any individual, fiduciary, corporation, partnership, limited liability company, or other legal entity subject to the reporting requirements of the Income Tax Act of 1929, § 26-51-101 et seq.; (11) (A) "Transient employer" means an employer who is not a resident of this state and who temporarily engages in any activity within this state for the production of income. (B) Without intending to exclude others that may come within the definition of "transient employer" in subdivision (11)(A) of this section, any nonresident employer engaging in any such activity within this state which, as of any date, cannot be reasonably expected to continue for a period of eighteen (18) consecutive months shall be deemed to be temporarily engaged in such activity; and (12) "Wages" means remuneration in cash or other form for services performed by an employee for an employer, except that it shall not include remuneration paid: (A) For domestic service in a private home, local college club, or local chapter of a college fraternity or sorority; (B) (i) For agricultural labor, except that an agricultural employer who pays wages as defined in 26 U.S.C. § 3121(a) , as in effect on January 1, 1993, to four (4) or more employees during any reporting period shall be required to collect, account for, and pay over Arkansas income taxes for that reporting period. (ii) An employer who pays wages for agricultural labor to three (3) or fewer employees during any reporting period shall have the option to collect, account for, and pay over Arkansas income taxes for each reporting period if the employer so chooses; (C) For services not in the course of the employee's trade or business performed by an employee in any calendar quarter unless the remuneration paid for such services is one hundred fifty dollars ($150) or more; (D) For services performed by an ordained, commissioned, or licensed minister of a church in the exercise of his or her ministry or by a member of a religious order performing duties required by the religious order; (E) For active service performed in a month in which the employee is entitled to the benefits in 26 U.S.C. § 112 , adopted by § 26-51-306 , to the extent remuneration for the service is excludable from gross income under § 26-51-306 ; (F) For services performed for an employer by a United States citizen if it is reasonable to believe when the remuneration is paid that the remuneration will be excludable from gross income under 26 U.S.C. § 911 , adopted by § 26-51-310 ; (G) For services performed by an individual under eighteen (18) years of age delivering or distributing newspapers or shopper's news, excluding the delivery or distribution of the newspapers or shopper's news to a destination for subsequent delivery or distribution; (H) For services performed by an individual selling newspapers or magazines to consumers under an arrangement in which the newspapers or magazines are sold at a fixed price with the individual's compensation equal to the excess of the fixed price over the amount the individual pays for the newspaper or magazines, regardless of whether the individual is guaranteed a minimum amount of compensation or entitled to a credit for the unsold newspapers or magazines returned; (I) For services performed by an individual that are not in the course of the employer's trade or business if the remuneration is paid in any medium other than cash; (J) To an employee or his or her beneficiary: (i) From a trust or to a trust exempt from tax under § 26-51-308 unless the payment is rendered to an employee of the trust as remuneration for services rendered by the employee and not as a beneficiary of the trust; (ii) Under an annuity plan or to an annuity plan under 26 U.S.C. § 403(a) , adopted by § 26-51-414 ; (iii) Under 26 U.S.C. §§ 402(h)(1) and (2) , adopted by § 26-51-414 , if it is reasonable to believe at the time of payment that the payment will be excluded under § 26-51-414 ; (iv) Under 26 U.S.C. § 408(p) , adopted by § 26-51-414 ; or (v) Under an eligible deferred compensation plan or paid to an eligible deferred compensation plan under 26 U.S.C. § 457(b) , maintained by an eligible employer under 26 U.S.C. § 457(e)(1)(A) , as those sections are adopted by § 26-51-414 ; (K) In the form of group-term life insurance on the life of an employee; (L) To or on behalf of an employee if it is reasonable to believe at the time of payment that a corresponding deduction is allowed under § 26-51-423 with the exception of 26 U.S.C. § 274(n) , adopted by § 26-51-423(b) ; (M) As tips in any medium other than cash; (N) As cash tips to an employee received in the course of employment in any calendar month unless the amount of the cash tips is twenty dollars ($20.00) or more; (O) For any benefit provided to an employee if it is reasonable to believe that the benefit is excluded from income under § 26-51-404(a)(4) , § 26-51-404(b)(12) , § 26-51-404(b)(19) , or § 26-51-404(b)(20) ; (P) For any medical reimbursement made to an employee or for the benefit of an employee under a self-insured medical reimbursement plan under 26 U.S.C. § 105(h)(6) , adopted by § 26-51-404 ; and (Q) For any payment made to an employee or for the benefit of an employee if it is reasonable to believe that the payment is excluded from income under 26 U.S.C. § 106(b) , adopted by § 26-51-404 . Amended by Act 2021, No. 483,§ 11, eff. 7/28/2021. Amended by Act 2021, No. 1019,§ 4, eff. 5/1/2021. Amended by Act 2019, No. 910,§ 3752, eff. 7/1/2019. Acts 1965, No. 132, § 2; 1967, No. 15, § 1; 1981, No. 917, § 1; A.S.A. 1947, § 84-2075; Acts 1989, No. 826, § 35; 1993, No. 1205, §§ 1, 2; 1995, No. 1160, § 20; 2005, No. 1309, § 3.

As used in this subchapter:

(1) "Agricultural labor" means agricultural labor as defined in 26 U.S.C. § 3121(g) , as in effect January 1, 1993;

(2) "Calendar quarter" means the period of three (3) consecutive months ending on March 31, June 30, September 30, or December 31;

(3) "Division" means the Revenue Division of the Department of Finance and Administration of the State of Arkansas;

(4) "Employee" means any individual subject to the Income Tax Act of 1929, § 26-51-101 et seq., who performs or performed services for an employer and receives wages for the services;

(5) "Employer" means a person doing business in or deriving income from sources within this state who has control of the payment of wages to an individual for services performed, a person doing business in or deriving income from sources outside this state who has control of the payment of wages to an individual for services performed within this state, or a person who is the officer or agent of the person having control of the payment of wages;

(6) "Estimated tax" means the amount by which the tax liability of the taxpayer under the Income Tax Act of 1929, § 26-51-101 et seq., can reasonably be expected to exceed the amount withheld from wages of the taxpayer pursuant to this subchapter during the income year;

(7) (A) "Income year" means the calendar or fiscal year upon the basis of which the net income of the taxpayer is computed under the Income Tax Act of 1929, § 26-51-101 et seq. (B) If no fiscal year has been established, it means the calendar year;

(A) "Income year" means the calendar or fiscal year upon the basis of which the net income of the taxpayer is computed under the Income Tax Act of 1929, § 26-51-101 et seq.

(B) If no fiscal year has been established, it means the calendar year;

(8) [Repealed.]

(9) "Person" means individuals, fiduciaries, corporations, partnerships, limited liability companies, associations, the state and its political subdivisions, and the federal government and its agencies and instrumentalities;

(10) "Taxpayer" means any individual, fiduciary, corporation, partnership, limited liability company, or other legal entity subject to the reporting requirements of the Income Tax Act of 1929, § 26-51-101 et seq.;

(11) (A) "Transient employer" means an employer who is not a resident of this state and who temporarily engages in any activity within this state for the production of income. (B) Without intending to exclude others that may come within the definition of "transient employer" in subdivision (11)(A) of this section, any nonresident employer engaging in any such activity within this state which, as of any date, cannot be reasonably expected to continue for a period of eighteen (18) consecutive months shall be deemed to be temporarily engaged in such activity; and

(A) "Transient employer" means an employer who is not a resident of this state and who temporarily engages in any activity within this state for the production of income.

(B) Without intending to exclude others that may come within the definition of "transient employer" in subdivision (11)(A) of this section, any nonresident employer engaging in any such activity within this state which, as of any date, cannot be reasonably expected to continue for a period of eighteen (18) consecutive months shall be deemed to be temporarily engaged in such activity; and

(12) "Wages" means remuneration in cash or other form for services performed by an employee for an employer, except that it shall not include remuneration paid: (A) For domestic service in a private home, local college club, or local chapter of a college fraternity or sorority; (B) (i) For agricultural labor, except that an agricultural employer who pays wages as defined in 26 U.S.C. § 3121(a) , as in effect on January 1, 1993, to four (4) or more employees during any reporting period shall be required to collect, account for, and pay over Arkansas income taxes for that reporting period. (ii) An employer who pays wages for agricultural labor to three (3) or fewer employees during any reporting period shall have the option to collect, account for, and pay over Arkansas income taxes for each reporting period if the employer so chooses; (C) For services not in the course of the employee's trade or business performed by an employee in any calendar quarter unless the remuneration paid for such services is one hundred fifty dollars ($150) or more; (D) For services performed by an ordained, commissioned, or licensed minister of a church in the exercise of his or her ministry or by a member of a religious order performing duties required by the religious order; (E) For active service performed in a month in which the employee is entitled to the benefits in 26 U.S.C. § 112 , adopted by § 26-51-306 , to the extent remuneration for the service is excludable from gross income under § 26-51-306 ; (F) For services performed for an employer by a United States citizen if it is reasonable to believe when the remuneration is paid that the remuneration will be excludable from gross income under 26 U.S.C. § 911 , adopted by § 26-51-310 ; (G) For services performed by an individual under eighteen (18) years of age delivering or distributing newspapers or shopper's news, excluding the delivery or distribution of the newspapers or shopper's news to a destination for subsequent delivery or distribution; (H) For services performed by an individual selling newspapers or magazines to consumers under an arrangement in which the newspapers or magazines are sold at a fixed price with the individual's compensation equal to the excess of the fixed price over the amount the individual pays for the newspaper or magazines, regardless of whether the individual is guaranteed a minimum amount of compensation or entitled to a credit for the unsold newspapers or magazines returned; (I) For services performed by an individual that are not in the course of the employer's trade or business if the remuneration is paid in any medium other than cash; (J) To an employee or his or her beneficiary: (i) From a trust or to a trust exempt from tax under § 26-51-308 unless the payment is rendered to an employee of the trust as remuneration for services rendered by the employee and not as a beneficiary of the trust; (ii) Under an annuity plan or to an annuity plan under 26 U.S.C. § 403(a) , adopted by § 26-51-414 ; (iii) Under 26 U.S.C. §§ 402(h)(1) and (2) , adopted by § 26-51-414 , if it is reasonable to believe at the time of payment that the payment will be excluded under § 26-51-414 ; (iv) Under 26 U.S.C. § 408(p) , adopted by § 26-51-414 ; or (v) Under an eligible deferred compensation plan or paid to an eligible deferred compensation plan under 26 U.S.C. § 457(b) , maintained by an eligible employer under 26 U.S.C. § 457(e)(1)(A) , as those sections are adopted by § 26-51-414 ; (K) In the form of group-term life insurance on the life of an employee; (L) To or on behalf of an employee if it is reasonable to believe at the time of payment that a corresponding deduction is allowed under § 26-51-423 with the exception of 26 U.S.C. § 274(n) , adopted by § 26-51-423(b) ; (M) As tips in any medium other than cash; (N) As cash tips to an employee received in the course of employment in any calendar month unless the amount of the cash tips is twenty dollars ($20.00) or more; (O) For any benefit provided to an employee if it is reasonable to believe that the benefit is excluded from income under § 26-51-404(a)(4) , § 26-51-404(b)(12) , § 26-51-404(b)(19) , or § 26-51-404(b)(20) ; (P) For any medical reimbursement made to an employee or for the benefit of an employee under a self-insured medical reimbursement plan under 26 U.S.C. § 105(h)(6) , adopted by § 26-51-404 ; and (Q) For any payment made to an employee or for the benefit of an employee if it is reasonable to believe that the payment is excluded from income under 26 U.S.C. § 106(b) , adopted by § 26-51-404 .

(A) For domestic service in a private home, local college club, or local chapter of a college fraternity or sorority;

(B) (i) For agricultural labor, except that an agricultural employer who pays wages as defined in 26 U.S.C. § 3121(a) , as in effect on January 1, 1993, to four (4) or more employees during any reporting period shall be required to collect, account for, and pay over Arkansas income taxes for that reporting period. (ii) An employer who pays wages for agricultural labor to three (3) or fewer employees during any reporting period shall have the option to collect, account for, and pay over Arkansas income taxes for each reporting period if the employer so chooses;

(i) For agricultural labor, except that an agricultural employer who pays wages as defined in 26 U.S.C. § 3121(a) , as in effect on January 1, 1993, to four (4) or more employees during any reporting period shall be required to collect, account for, and pay over Arkansas income taxes for that reporting period.

(ii) An employer who pays wages for agricultural labor to three (3) or fewer employees during any reporting period shall have the option to collect, account for, and pay over Arkansas income taxes for each reporting period if the employer so chooses;

(C) For services not in the course of the employee's trade or business performed by an employee in any calendar quarter unless the remuneration paid for such services is one hundred fifty dollars ($150) or more;

(D) For services performed by an ordained, commissioned, or licensed minister of a church in the exercise of his or her ministry or by a member of a religious order performing duties required by the religious order;

(E) For active service performed in a month in which the employee is entitled to the benefits in 26 U.S.C. § 112 , adopted by § 26-51-306 , to the extent remuneration for the service is excludable from gross income under § 26-51-306 ;

(F) For services performed for an employer by a United States citizen if it is reasonable to believe when the remuneration is paid that the remuneration will be excludable from gross income under 26 U.S.C. § 911 , adopted by § 26-51-310 ;

(G) For services performed by an individual under eighteen (18) years of age delivering or distributing newspapers or shopper's news, excluding the delivery or distribution of the newspapers or shopper's news to a destination for subsequent delivery or distribution;

(H) For services performed by an individual selling newspapers or magazines to consumers under an arrangement in which the newspapers or magazines are sold at a fixed price with the individual's compensation equal to the excess of the fixed price over the amount the individual pays for the newspaper or magazines, regardless of whether the individual is guaranteed a minimum amount of compensation or entitled to a credit for the unsold newspapers or magazines returned;

(I) For services performed by an individual that are not in the course of the employer's trade or business if the remuneration is paid in any medium other than cash;

(J) To an employee or his or her beneficiary: (i) From a trust or to a trust exempt from tax under § 26-51-308 unless the payment is rendered to an employee of the trust as remuneration for services rendered by the employee and not as a beneficiary of the trust; (ii) Under an annuity plan or to an annuity plan under 26 U.S.C. § 403(a) , adopted by § 26-51-414 ; (iii) Under 26 U.S.C. §§ 402(h)(1) and (2) , adopted by § 26-51-414 , if it is reasonable to believe at the time of payment that the payment will be excluded under § 26-51-414 ; (iv) Under 26 U.S.C. § 408(p) , adopted by § 26-51-414 ; or (v) Under an eligible deferred compensation plan or paid to an eligible deferred compensation plan under 26 U.S.C. § 457(b) , maintained by an eligible employer under 26 U.S.C. § 457(e)(1)(A) , as those sections are adopted by § 26-51-414 ;

(i) From a trust or to a trust exempt from tax under § 26-51-308 unless the payment is rendered to an employee of the trust as remuneration for services rendered by the employee and not as a beneficiary of the trust;

(ii) Under an annuity plan or to an annuity plan under 26 U.S.C. § 403(a) , adopted by § 26-51-414 ;

(iii) Under 26 U.S.C. §§ 402(h)(1) and (2) , adopted by § 26-51-414 , if it is reasonable to believe at the time of payment that the payment will be excluded under § 26-51-414 ;

(iv) Under 26 U.S.C. § 408(p) , adopted by § 26-51-414 ; or

(v) Under an eligible deferred compensation plan or paid to an eligible deferred compensation plan under 26 U.S.C. § 457(b) , maintained by an eligible employer under 26 U.S.C. § 457(e)(1)(A) , as those sections are adopted by § 26-51-414 ;

(K) In the form of group-term life insurance on the life of an employee;

(L) To or on behalf of an employee if it is reasonable to believe at the time of payment that a corresponding deduction is allowed under § 26-51-423 with the exception of 26 U.S.C. § 274(n) , adopted by § 26-51-423(b) ;

(M) As tips in any medium other than cash;

(N) As cash tips to an employee received in the course of employment in any calendar month unless the amount of the cash tips is twenty dollars ($20.00) or more;

(O) For any benefit provided to an employee if it is reasonable to believe that the benefit is excluded from income under § 26-51-404(a)(4) , § 26-51-404(b)(12) , § 26-51-404(b)(19) , or § 26-51-404(b)(20) ;

(P) For any medical reimbursement made to an employee or for the benefit of an employee under a self-insured medical reimbursement plan under 26 U.S.C. § 105(h)(6) , adopted by § 26-51-404 ; and

(Q) For any payment made to an employee or for the benefit of an employee if it is reasonable to believe that the payment is excluded from income under 26 U.S.C. § 106(b) , adopted by § 26-51-404 .

Amended by Act 2021, No. 483,§ 11, eff. 7/28/2021.

Amended by Act 2021, No. 1019,§ 4, eff. 5/1/2021.

Amended by Act 2019, No. 910,§ 3752, eff. 7/1/2019.

Acts 1965, No. 132, § 2; 1967, No. 15, § 1; 1981, No. 917, § 1; A.S.A. 1947, § 84-2075; Acts 1989, No. 826, § 35; 1993, No. 1205, §§ 1, 2; 1995, No. 1160, § 20; 2005, No. 1309, § 3.
Ark. Code Ann. § 26-55-232 — AR Code / Title 26 / Chapter 55 / Subchapter 2 / Section 26-55-232
Failure to report or pay taxes promptly - Penalties
Status: in_force

(a) When any distributor fails to file its monthly report with the Secretary of the Department of Finance and Administration on or before the time fixed in this subchapter for the filing thereof, when the distributor fails to submit the data outlined in §§ 26-55-229 and 26-55-230 in the monthly report, or when the distributor fails to pay to the secretary the amount of excise taxes due to the State of Arkansas when the excise taxes are payable, the distributor shall be subject to applicable penalty and interest provisions of the Arkansas Tax Procedure Act, § 26-18-101 et seq. (b) (1) If the excise tax is not paid within sixty (60) days after the date the excise tax is due, then the secretary shall suspend the license of the distributor. (2) (A) When the secretary issues a notice of proposed assessment to the distributor under § 26-18-403 , the secretary may notify the bonding company of the excise tax delinquency. (B) At the end of the ten-day demand for payment period that begins on the date a final assessment is issued under § 26-18-401 , the secretary shall notify the bonding company of the excise tax delinquency and declare the bond forfeited. Amended by Act 2019, No. 910,§ 3959, eff. 7/1/2019. Acts 1941, No. 383, § 12; 1943, No. 255, § 1; 1957, No. 393, § 3; A.S.A. 1947, § 75-1114; Acts 2011, No. 788, § 3.

(a) When any distributor fails to file its monthly report with the Secretary of the Department of Finance and Administration on or before the time fixed in this subchapter for the filing thereof, when the distributor fails to submit the data outlined in §§ 26-55-229 and 26-55-230 in the monthly report, or when the distributor fails to pay to the secretary the amount of excise taxes due to the State of Arkansas when the excise taxes are payable, the distributor shall be subject to applicable penalty and interest provisions of the Arkansas Tax Procedure Act, § 26-18-101 et seq.

(b) (1) If the excise tax is not paid within sixty (60) days after the date the excise tax is due, then the secretary shall suspend the license of the distributor. (2) (A) When the secretary issues a notice of proposed assessment to the distributor under § 26-18-403 , the secretary may notify the bonding company of the excise tax delinquency. (B) At the end of the ten-day demand for payment period that begins on the date a final assessment is issued under § 26-18-401 , the secretary shall notify the bonding company of the excise tax delinquency and declare the bond forfeited.

(1) If the excise tax is not paid within sixty (60) days after the date the excise tax is due, then the secretary shall suspend the license of the distributor.

(2) (A) When the secretary issues a notice of proposed assessment to the distributor under § 26-18-403 , the secretary may notify the bonding company of the excise tax delinquency. (B) At the end of the ten-day demand for payment period that begins on the date a final assessment is issued under § 26-18-401 , the secretary shall notify the bonding company of the excise tax delinquency and declare the bond forfeited.

(A) When the secretary issues a notice of proposed assessment to the distributor under § 26-18-403 , the secretary may notify the bonding company of the excise tax delinquency.

(B) At the end of the ten-day demand for payment period that begins on the date a final assessment is issued under § 26-18-401 , the secretary shall notify the bonding company of the excise tax delinquency and declare the bond forfeited.

Amended by Act 2019, No. 910,§ 3959, eff. 7/1/2019.

Acts 1941, No. 383, § 12; 1943, No. 255, § 1; 1957, No. 393, § 3; A.S.A. 1947, § 75-1114; Acts 2011, No. 788, § 3.
Ark. Code Ann. § 26-57-418 — AR Code / Title 26 / Chapter 57 / Subchapter 4 / Section 26-57-418
Sale of coin-operated amusement devices declared privilege - Fee imposed on salespersons
Status: in_force

The selling, offering for sale, the taking of orders, or the soliciting for sale of coin-operated amusement devices, as defined in § 26-57-402 , is declared to be a privilege. It is further declared that salespersons shall pay a fee for this privilege. Acts 1977, No. 553, § 12; A.S.A. 1947, § 84-2644.

The selling, offering for sale, the taking of orders, or the soliciting for sale of coin-operated amusement devices, as defined in § 26-57-402 , is declared to be a privilege. It is further declared that salespersons shall pay a fee for this privilege.

Acts 1977, No. 553, § 12; A.S.A. 1947, § 84-2644.
Ark. Code Ann. § 26-57-264 — AR Code / Title 26 / Chapter 57 / Subchapter 2 / Section 26-57-264
Information to be provided to Attorney General
Status: in_force

(a) Upon request of the Attorney General, any information provided to the Secretary of the Department of Finance and Administration or the Director of Arkansas Tobacco Control shall be provided to the Attorney General. (b) The Attorney General may enforce § 26-57-245(b) and §§ 26-57-248 and 26-57-250 by filing a civil action in the Pulaski County Circuit Court. Amended by Act 2019, No. 910,§ 4167, eff. 7/1/2019. Acts 2011, No. 836, § 11.

(a) Upon request of the Attorney General, any information provided to the Secretary of the Department of Finance and Administration or the Director of Arkansas Tobacco Control shall be provided to the Attorney General.

(b) The Attorney General may enforce § 26-57-245(b) and §§ 26-57-248 and 26-57-250 by filing a civil action in the Pulaski County Circuit Court.

Amended by Act 2019, No. 910,§ 4167, eff. 7/1/2019.

Acts 2011, No. 836, § 11.
Ark. Code Ann. § 26-65-102 — AR Code / Title 26 / Chapter 65 / Section 26-65-102
Definitions
Status: in_force

As used in this chapter: (1) "Affected business entity" means a business entity in which members that hold more than fifty percent (50%) of the voting rights in the business entity elect on an annual basis before the due date or extended due date of the business entity's income tax return to be taxed under this chapter; (2) "Business entity" means an entity, including without limitation a general partnership, limited partnership, limited liability company, or for federal income tax purposes, a Subchapter S corporation, that: (A) Is engaged in a business for profit; and (B) Is required to file a return under this title; (3) "Member" means a: (A) Shareholder of a Subchapter S corporation; (B) Partner in a general partnership, limited partnership, or limited liability partnership; and (C) Member of a limited liability company; (4) "Net operating loss" means the same as defined in § 26-51-427 ; (5) "Pro rata interest" means a member's percentage of allocation of the profits of an affected business entity; and (6) "Taxable year" means the same as defined in § 26-51-102 . Added by Act 2021, No. 362,§ 2, eff. for tax years beginning on or after 1/1/2022..

As used in this chapter:

(1) "Affected business entity" means a business entity in which members that hold more than fifty percent (50%) of the voting rights in the business entity elect on an annual basis before the due date or extended due date of the business entity's income tax return to be taxed under this chapter;

(2) "Business entity" means an entity, including without limitation a general partnership, limited partnership, limited liability company, or for federal income tax purposes, a Subchapter S corporation, that: (A) Is engaged in a business for profit; and (B) Is required to file a return under this title;

(A) Is engaged in a business for profit; and

(B) Is required to file a return under this title;

(3) "Member" means a: (A) Shareholder of a Subchapter S corporation; (B) Partner in a general partnership, limited partnership, or limited liability partnership; and (C) Member of a limited liability company;

(A) Shareholder of a Subchapter S corporation;

(B) Partner in a general partnership, limited partnership, or limited liability partnership; and

(C) Member of a limited liability company;

(4) "Net operating loss" means the same as defined in § 26-51-427 ;

(5) "Pro rata interest" means a member's percentage of allocation of the profits of an affected business entity; and

(6) "Taxable year" means the same as defined in § 26-51-102 .

Added by Act 2021, No. 362,§ 2, eff. for tax years beginning on or after 1/1/2022..
Ark. Code Ann. § 26-51-425 — AR Code / Title 26 / Chapter 51 / Subchapter 4 / Section 26-51-425
Deductions - Worthless debts
Status: in_force

In computing net income there shall be allowed as deductions debts ascertained to be worthless and actually charged off the books of the taxpayer within the income year. Acts 1929, No. 118, Art. 3, § 13; Pope's Dig., § 14036; Acts 1957, No. 147, § 1; A.S.A. 1947, § 84-2016.

In computing net income there shall be allowed as deductions debts ascertained to be worthless and actually charged off the books of the taxpayer within the income year.

Acts 1929, No. 118, Art. 3, § 13; Pope's Dig., § 14036; Acts 1957, No. 147, § 1; A.S.A. 1947, § 84-2016.
Ark. Code Ann. § 26-55-1004 — AR Code / Title 26 / Chapter 55 / Subchapter 10 / Section 26-55-1004
Disposition of revenues
Status: in_force

(a) (1) All taxes, interest, penalties, and costs received by the Secretary of the Department of Finance and Administration from the additional taxes and fees levied by this subchapter shall be classified as special revenues and shall be deposited into the State Treasury. (2) The net amount thereof shall be transferred by the Treasurer of State on the last business day of each month, as follows: (A) Fifteen percent (15%) of the amount to the County Aid Fund; (B) Fifteen percent (15%) of the amount to the Municipal Aid Fund; and (C) Seventy percent (70%) of the amount to the State Highway and Transportation Department Fund. (b) (1) All such funds credited to the State Highway and Transportation Department Fund shall be used for construction, reconstruction, and maintenance of the rural state highways of the state and their extensions into municipalities and industrial access roads. (2) The State Highway Commission shall provide to each member of the General Assembly on January 1, 1986, and annually thereafter, a report indicating how the money provided by this subchapter was spent, which roads were worked on, and what other progress was made regarding the plan outlined to the General Assembly by the commission during the debate on this subchapter. Amended by Act 2019, No. 910,§ 4007, eff. 7/1/2019. Acts 1985, No. 456, § 3; A.S.A. 1947, § 75-1280.

(a) (1) All taxes, interest, penalties, and costs received by the Secretary of the Department of Finance and Administration from the additional taxes and fees levied by this subchapter shall be classified as special revenues and shall be deposited into the State Treasury. (2) The net amount thereof shall be transferred by the Treasurer of State on the last business day of each month, as follows: (A) Fifteen percent (15%) of the amount to the County Aid Fund; (B) Fifteen percent (15%) of the amount to the Municipal Aid Fund; and (C) Seventy percent (70%) of the amount to the State Highway and Transportation Department Fund.

(1) All taxes, interest, penalties, and costs received by the Secretary of the Department of Finance and Administration from the additional taxes and fees levied by this subchapter shall be classified as special revenues and shall be deposited into the State Treasury.

(2) The net amount thereof shall be transferred by the Treasurer of State on the last business day of each month, as follows: (A) Fifteen percent (15%) of the amount to the County Aid Fund; (B) Fifteen percent (15%) of the amount to the Municipal Aid Fund; and (C) Seventy percent (70%) of the amount to the State Highway and Transportation Department Fund.

(A) Fifteen percent (15%) of the amount to the County Aid Fund;

(B) Fifteen percent (15%) of the amount to the Municipal Aid Fund; and

(C) Seventy percent (70%) of the amount to the State Highway and Transportation Department Fund.

(b) (1) All such funds credited to the State Highway and Transportation Department Fund shall be used for construction, reconstruction, and maintenance of the rural state highways of the state and their extensions into municipalities and industrial access roads. (2) The State Highway Commission shall provide to each member of the General Assembly on January 1, 1986, and annually thereafter, a report indicating how the money provided by this subchapter was spent, which roads were worked on, and what other progress was made regarding the plan outlined to the General Assembly by the commission during the debate on this subchapter.

(1) All such funds credited to the State Highway and Transportation Department Fund shall be used for construction, reconstruction, and maintenance of the rural state highways of the state and their extensions into municipalities and industrial access roads.

(2) The State Highway Commission shall provide to each member of the General Assembly on January 1, 1986, and annually thereafter, a report indicating how the money provided by this subchapter was spent, which roads were worked on, and what other progress was made regarding the plan outlined to the General Assembly by the commission during the debate on this subchapter.

Amended by Act 2019, No. 910,§ 4007, eff. 7/1/2019.

Acts 1985, No. 456, § 3; A.S.A. 1947, § 75-1280.
Ark. Code Ann. § 26-51-2006 — AR Code / Title 26 / Chapter 51 / Subchapter 20 / Section 26-51-2006
Administration
Status: in_force

(a) A person claiming credit under this subchapter is a "taxpayer" within the meaning of § 26-18-104 and shall be subject to all applicable provisions of § 26-18-104 . (b) Administration of the provisions of this subchapter shall be under the provisions of the Arkansas Tax Procedure Act, § 26-18-101 et seq. (c) The Director of the Arkansas Economic Development Commission may promulgate such rules as are necessary to carry out the intent and purposes of this subchapter. Amended by Act 2019, No. 315,§ 2984, eff. 7/24/2019. Acts 2001, No. 1661, § 6.

(a) A person claiming credit under this subchapter is a "taxpayer" within the meaning of § 26-18-104 and shall be subject to all applicable provisions of § 26-18-104 .

(b) Administration of the provisions of this subchapter shall be under the provisions of the Arkansas Tax Procedure Act, § 26-18-101 et seq.

(c) The Director of the Arkansas Economic Development Commission may promulgate such rules as are necessary to carry out the intent and purposes of this subchapter.

Amended by Act 2019, No. 315,§ 2984, eff. 7/24/2019.

Acts 2001, No. 1661, § 6.
Ark. Code Ann. § 26-34-101 — AR Code / Title 26 / Chapter 34 / Section 26-34-101
Preference of tax liens
Status: in_force

(a) Taxes assessed upon real and personal property shall bind them and be entitled to preference over all judgments, executions, encumbrances, or liens whensoever created. (b) All taxes assessed shall be a lien upon and bind the property assessed from the first Monday of January of the year in which the assessment shall be made and shall continue until the taxes, with any penalty which may accrue thereon, shall be paid. However, as between grantor and grantee, the lien shall not attach until the last date fixed by law for the county clerk to deliver the tax books to the county collector in each year after the tax lien attaches. (c) (1) Failure to satisfy a personal property tax lien following a purchase of a business or a business's assets, goods, chattels, inventory, or equipment not in the ordinary course of business shall result in the assessment of an additional penalty under § 26-36-201(c) except with respect to a purchase of the following: (A) A vehicle subject to registration; or (B) A manufactured home or a mobile home. (2) A purchase of a business or a business's assets, goods, chattels, inventory, or equipment not in the ordinary course of business does not include the deed of property in lieu of foreclosure or the acquisition of title to property following a foreclosure sale. Acts 1883, No. 114, § 101, p. 199; 1911, No. 125, § 1; C. & M. Dig., § 10023; Pope's Dig., § 13770; Acts 1941, No. 337, § 1; 1943, No. 278, § 1; A.S.A. 1947, § 84-107; Acts 2011, No. 821, § 1.

(a) Taxes assessed upon real and personal property shall bind them and be entitled to preference over all judgments, executions, encumbrances, or liens whensoever created.

(b) All taxes assessed shall be a lien upon and bind the property assessed from the first Monday of January of the year in which the assessment shall be made and shall continue until the taxes, with any penalty which may accrue thereon, shall be paid. However, as between grantor and grantee, the lien shall not attach until the last date fixed by law for the county clerk to deliver the tax books to the county collector in each year after the tax lien attaches.

(c) (1) Failure to satisfy a personal property tax lien following a purchase of a business or a business's assets, goods, chattels, inventory, or equipment not in the ordinary course of business shall result in the assessment of an additional penalty under § 26-36-201(c) except with respect to a purchase of the following: (A) A vehicle subject to registration; or (B) A manufactured home or a mobile home. (2) A purchase of a business or a business's assets, goods, chattels, inventory, or equipment not in the ordinary course of business does not include the deed of property in lieu of foreclosure or the acquisition of title to property following a foreclosure sale.

(1) Failure to satisfy a personal property tax lien following a purchase of a business or a business's assets, goods, chattels, inventory, or equipment not in the ordinary course of business shall result in the assessment of an additional penalty under § 26-36-201(c) except with respect to a purchase of the following: (A) A vehicle subject to registration; or (B) A manufactured home or a mobile home.

(A) A vehicle subject to registration; or

(B) A manufactured home or a mobile home.

(2) A purchase of a business or a business's assets, goods, chattels, inventory, or equipment not in the ordinary course of business does not include the deed of property in lieu of foreclosure or the acquisition of title to property following a foreclosure sale.

Acts 1883, No. 114, § 101, p. 199; 1911, No. 125, § 1; C. & M. Dig., § 10023; Pope's Dig., § 13770; Acts 1941, No. 337, § 1; 1943, No. 278, § 1; A.S.A. 1947, § 84-107; Acts 2011, No. 821, § 1.
Ark. Code Ann. § 26-73-114 — AR Code / Title 26 / Chapter 73 / Subchapter 1 / Section 26-73-114
Dedication of sales and use tax to school district or workforce development center
Status: in_force

(a) When a city or county calls an election on the issue of a sales and use tax, it may designate on the ballot that a portion of the tax will be dedicated to a school district or districts located wholly or partially within the city or county on a per capita basis. (b) (1) The Treasurer of State shall transmit to the treasurer or fiscal officer of each such local school district that district's share of the local sales and use taxes collected under this section at the same time as the city and county taxes are transmitted. (2) Funds so transmitted may be used by the school district for any purpose for which the school district's general funds may be used. (c) To the extent § 14-58-502 conflicts with this section, it is hereby superseded. (d) (1) When a city or county calls an election on the issue of a sales and use tax, it may designate on the ballot that a portion of the tax will be dedicated to a workforce development center authority under § 6-50-807 . (2) The Treasurer of State shall transmit to the treasurer or fiscal officer of each such workforce development center authority that workforce development center authority's share of the local sales and use taxes collected under this section at the same time as the city and county taxes are transmitted. (3) Funds so transmitted may be used by the workforce development center authority for any purpose under the Workforce Development Center Authority Act, § 6-50-801 et seq. Amended by Act 2017, No. 509,§ 2, eff. 8/1/2017. Acts 1993, No. 1070, §§ 1, 4, 5.

(a) When a city or county calls an election on the issue of a sales and use tax, it may designate on the ballot that a portion of the tax will be dedicated to a school district or districts located wholly or partially within the city or county on a per capita basis.

(b) (1) The Treasurer of State shall transmit to the treasurer or fiscal officer of each such local school district that district's share of the local sales and use taxes collected under this section at the same time as the city and county taxes are transmitted. (2) Funds so transmitted may be used by the school district for any purpose for which the school district's general funds may be used.

(1) The Treasurer of State shall transmit to the treasurer or fiscal officer of each such local school district that district's share of the local sales and use taxes collected under this section at the same time as the city and county taxes are transmitted.

(2) Funds so transmitted may be used by the school district for any purpose for which the school district's general funds may be used.

(c) To the extent § 14-58-502 conflicts with this section, it is hereby superseded.

(d) (1) When a city or county calls an election on the issue of a sales and use tax, it may designate on the ballot that a portion of the tax will be dedicated to a workforce development center authority under § 6-50-807 . (2) The Treasurer of State shall transmit to the treasurer or fiscal officer of each such workforce development center authority that workforce development center authority's share of the local sales and use taxes collected under this section at the same time as the city and county taxes are transmitted. (3) Funds so transmitted may be used by the workforce development center authority for any purpose under the Workforce Development Center Authority Act, § 6-50-801 et seq.

(1) When a city or county calls an election on the issue of a sales and use tax, it may designate on the ballot that a portion of the tax will be dedicated to a workforce development center authority under § 6-50-807 .

(2) The Treasurer of State shall transmit to the treasurer or fiscal officer of each such workforce development center authority that workforce development center authority's share of the local sales and use taxes collected under this section at the same time as the city and county taxes are transmitted.

(3) Funds so transmitted may be used by the workforce development center authority for any purpose under the Workforce Development Center Authority Act, § 6-50-801 et seq.

Amended by Act 2017, No. 509,§ 2, eff. 8/1/2017.

Acts 1993, No. 1070, §§ 1, 4, 5.
Ark. Code Ann. § 26-57-238 — AR Code / Title 26 / Chapter 57 / Subchapter 2 / Section 26-57-238
Cigarette stamps - Refund on unsold, returned cigarettes
Status: in_force

When cigarettes to which stamps have been affixed are unsold and are returned by the retailer or the wholesaler who paid tax on them to the wholesaler or manufacturer from whom they were originally purchased, refund of the tax paid on the cigarettes may be made in the manner prescribed by the Secretary of the Department of Finance and Administration. Amended by Act 2019, No. 910,§ 4148, eff. 7/1/2019. Acts 1977, No. 546, § 16; A.S.A. 1947, § 84-4516; Acts 1997, No. 1337, § 19.

When cigarettes to which stamps have been affixed are unsold and are returned by the retailer or the wholesaler who paid tax on them to the wholesaler or manufacturer from whom they were originally purchased, refund of the tax paid on the cigarettes may be made in the manner prescribed by the Secretary of the Department of Finance and Administration.

Amended by Act 2019, No. 910,§ 4148, eff. 7/1/2019.

Acts 1977, No. 546, § 16; A.S.A. 1947, § 84-4516; Acts 1997, No. 1337, § 19.
Ark. Code Ann. § 26-52-705 — AR Code / Title 26 / Chapter 52 / Subchapter 7 / Section 26-52-705
[Repealed]
Status: repealed

Repealed by Act 2017, No. 465,§ 5, eff. 3/13/2017. Acts 1985, No. 529, § 4; A.S.A. 1947, § 84-1954; Acts 1997, No. 540, §§ 56-58; 1997, No. 807, § 21; 1999, No. 995, § 5; 2001, No. 737, §§ 2, 3.

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

Acts 1985, No. 529, § 4; A.S.A. 1947, § 84-1954; Acts 1997, No. 540, §§ 56-58; 1997, No. 807, § 21; 1999, No. 995, § 5; 2001, No. 737, §§ 2, 3.
Ark. Code Ann. § 26-55-1102 — AR Code / Title 26 / Chapter 55 / Subchapter 11 / Section 26-55-1102
Authority to enter fuel tax agreement - Audits not precluded - Identification decal costs
Status: in_force

(a) The Secretary of the Department of Finance and Administration is authorized to enter into the International Fuel Tax Agreement of July 1987 with jurisdictions outside this state to provide for cooperation and assistance among member jurisdictions in the administration and collection of taxes imposed upon the consumption of all fuels used in vehicles operated or intended to operate interstate. Provided, however, that the agreement shall not be effective until stated and agreed to in writing and filed with the secretary. (b) The agreement authorized by this subchapter may provide for determining the base jurisdiction for fuel users, users' record requirements, audit procedures, exchange of information, eligibility for licensing, definition of qualified motor vehicles, definition of motor fuels, bond requirements, reporting requirements, reporting periods, methods for collecting and forwarding fuel taxes and penalties to another jurisdiction, and other provisions to facilitate the administration of the agreement. (c) No agreement authorized by this subchapter shall preclude the secretary from auditing the records of any person subject to the provisions of this chapter or the Special Motor Fuels Tax Law, § 26-56-101 et seq. (d) For the purposes of this subchapter, the amount necessary to recover reasonable administrative costs for issuance of a vehicle identification decal is hereby determined to be that amount required to be paid for the distinctive marking under § 26-55-708 . Amended by Act 2019, No. 910,§ 4010, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4009, eff. 7/1/2019. Acts 1989, No. 854, § 1.

(a) The Secretary of the Department of Finance and Administration is authorized to enter into the International Fuel Tax Agreement of July 1987 with jurisdictions outside this state to provide for cooperation and assistance among member jurisdictions in the administration and collection of taxes imposed upon the consumption of all fuels used in vehicles operated or intended to operate interstate. Provided, however, that the agreement shall not be effective until stated and agreed to in writing and filed with the secretary.

(b) The agreement authorized by this subchapter may provide for determining the base jurisdiction for fuel users, users' record requirements, audit procedures, exchange of information, eligibility for licensing, definition of qualified motor vehicles, definition of motor fuels, bond requirements, reporting requirements, reporting periods, methods for collecting and forwarding fuel taxes and penalties to another jurisdiction, and other provisions to facilitate the administration of the agreement.

(c) No agreement authorized by this subchapter shall preclude the secretary from auditing the records of any person subject to the provisions of this chapter or the Special Motor Fuels Tax Law, § 26-56-101 et seq.

(d) For the purposes of this subchapter, the amount necessary to recover reasonable administrative costs for issuance of a vehicle identification decal is hereby determined to be that amount required to be paid for the distinctive marking under § 26-55-708 .

Amended by Act 2019, No. 910,§ 4010, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4009, eff. 7/1/2019.

Acts 1989, No. 854, § 1.
Ark. Code Ann. § 26-18-1120 — AR Code / Title 26 / Chapter 18 / Subchapter 11 / Section 26-18-1120
Rules
Status: in_force

The Tax Appeals Commission shall promulgate rules and forms to: (1) Carry out the intent and purpose of this subchapter; and (2) Implement the duties assigned to the commission, including without limitation rules: (A) Governing pleadings and service of process requirements to commence a hearing under this subchapter and the practice and procedure rules of the commission; (B) To provide for expedited proceedings; (C) To establish guidelines for the redaction of personally identifying taxpayer information in published decisions; and (D) To establish a procedure for petitions and hearings under: (i) Section 26-18-402 ; (ii) Section 26-18-601(b) and (c) ; (iii) Section 26-18-1002 ; (iv) Section 26-36-315 ; (v) Section 26-55-219 ; (vi) Section 26-55-224 ; (vii) Section 26-55-231 ; (viii) Section 26-55-247 ; (ix) Section 26-56-204 ; (x) Section 26-56-311 ; (xi) Section 26-57-413 ; (xii) Section 26-57-419 ; (xiii) Section 26-57-1212 ; and (xiv) Section 26-62-204 . Added by Act 2021, No. 586,§ 1, eff. 7/28/2021.

The Tax Appeals Commission shall promulgate rules and forms to:

(1) Carry out the intent and purpose of this subchapter; and

(2) Implement the duties assigned to the commission, including without limitation rules: (A) Governing pleadings and service of process requirements to commence a hearing under this subchapter and the practice and procedure rules of the commission; (B) To provide for expedited proceedings; (C) To establish guidelines for the redaction of personally identifying taxpayer information in published decisions; and (D) To establish a procedure for petitions and hearings under: (i) Section 26-18-402 ; (ii) Section 26-18-601(b) and (c) ; (iii) Section 26-18-1002 ; (iv) Section 26-36-315 ; (v) Section 26-55-219 ; (vi) Section 26-55-224 ; (vii) Section 26-55-231 ; (viii) Section 26-55-247 ; (ix) Section 26-56-204 ; (x) Section 26-56-311 ; (xi) Section 26-57-413 ; (xii) Section 26-57-419 ; (xiii) Section 26-57-1212 ; and (xiv) Section 26-62-204 .

(A) Governing pleadings and service of process requirements to commence a hearing under this subchapter and the practice and procedure rules of the commission;

(B) To provide for expedited proceedings;

(C) To establish guidelines for the redaction of personally identifying taxpayer information in published decisions; and

(D) To establish a procedure for petitions and hearings under: (i) Section 26-18-402 ; (ii) Section 26-18-601(b) and (c) ; (iii) Section 26-18-1002 ; (iv) Section 26-36-315 ; (v) Section 26-55-219 ; (vi) Section 26-55-224 ; (vii) Section 26-55-231 ; (viii) Section 26-55-247 ; (ix) Section 26-56-204 ; (x) Section 26-56-311 ; (xi) Section 26-57-413 ; (xii) Section 26-57-419 ; (xiii) Section 26-57-1212 ; and (xiv) Section 26-62-204 .

(i) Section 26-18-402 ;

(ii) Section 26-18-601(b) and (c) ;

(iii) Section 26-18-1002 ;

(iv) Section 26-36-315 ;

(v) Section 26-55-219 ;

(vi) Section 26-55-224 ;

(vii) Section 26-55-231 ;

(viii) Section 26-55-247 ;

(ix) Section 26-56-204 ;

(x) Section 26-56-311 ;

(xi) Section 26-57-413 ;

(xii) Section 26-57-419 ;

(xiii) Section 26-57-1212 ; and

(xiv) Section 26-62-204 .

Added by Act 2021, No. 586,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 26-52-415 — AR Code / Title 26 / Chapter 52 / Subchapter 4 / Section 26-52-415
New automobiles sold to blind veterans - Definition
Status: in_force

(a) Gross receipts and gross proceeds derived from the sale of new automobiles to a veteran of the United States Armed Forces who is blind as the result of a service-connected injury shall be exempt from the Arkansas gross receipts tax. (b) This exemption shall apply only to those persons who furnish the Department of Finance and Administration a statement from the United States Department of Veterans Affairs certifying that the individual is a veteran of the United States Armed Forces and has been blinded as the result of a service-connected injury. This statement shall be supplied to the Department of Finance and Administration upon application for a vehicle license. (c) The exemption allowed by this section shall be available only on the gross receipts or gross proceeds derived from the sale of one (1) new automobile every two (2) years to a veteran who complies with the requirements of this section. (d) As used in this section, "automobile" means a passenger automobile or pickup truck but does not include trucks with a maximum gross load in excess of three-quarters (3/4) of one (1) ton and does not include any trailer. Acts 1979, No. 70, § 1; A.S.A. 1947, § 84-1904.5.

(a) Gross receipts and gross proceeds derived from the sale of new automobiles to a veteran of the United States Armed Forces who is blind as the result of a service-connected injury shall be exempt from the Arkansas gross receipts tax.

(b) This exemption shall apply only to those persons who furnish the Department of Finance and Administration a statement from the United States Department of Veterans Affairs certifying that the individual is a veteran of the United States Armed Forces and has been blinded as the result of a service-connected injury. This statement shall be supplied to the Department of Finance and Administration upon application for a vehicle license.

(c) The exemption allowed by this section shall be available only on the gross receipts or gross proceeds derived from the sale of one (1) new automobile every two (2) years to a veteran who complies with the requirements of this section.

(d) As used in this section, "automobile" means a passenger automobile or pickup truck but does not include trucks with a maximum gross load in excess of three-quarters (3/4) of one (1) ton and does not include any trailer.

Acts 1979, No. 70, § 1; A.S.A. 1947, § 84-1904.5.
Ark. Code Ann. § 26-63-201 — AR Code / Title 26 / Chapter 63 / Subchapter 2 / Section 26-63-201
Registration required
Status: in_force

(a) It is unlawful for any taxpayer to transact business within this state prior to registering with the Secretary of the Department of Finance and Administration. (b) The secretary may promulgate rules to implement this section. Amended by Act 2019, No. 910,§ 4355, eff. 7/1/2019. Acts 2007, No. 182, § 1.

(a) It is unlawful for any taxpayer to transact business within this state prior to registering with the Secretary of the Department of Finance and Administration.

(b) The secretary may promulgate rules to implement this section.

Amended by Act 2019, No. 910,§ 4355, eff. 7/1/2019.

Acts 2007, No. 182, § 1.
Ark. Code Ann. § 26-78-112 — AR Code / Title 26 / Chapter 78 / Section 26-78-112
Nature of bonds
Status: in_force

(a) As the county court in the case of bonds issued by a county, and the governing body of the municipality in the case of bonds issued by a municipality, shall determine, the bonds may: (1) Be coupon bonds, payable to bearer, or may be made registrable as to principal only with interest coupons, or may be made registrable as to both principal and interest without coupons, and may be made exchangeable into bonds of another denomination, which bonds of another denomination may in turn be either coupon bonds payable to bearer, or coupon bonds registrable as to principal only, or bonds registrable as to both principal and interest without coupons; (2) Be in such form and denomination; (3) Have such date or dates; (4) Be stated to mature at such times; (5) Bear interest payable at such times and at such rate or rates; (6) Be made payable at such places within or without the State of Arkansas; (7) Be made subject to such terms of redemption in advance of maturity at such prices; and (8) Contain such other terms and conditions. (b) The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration of ownership, as set forth in this subchapter. Acts 1965, No. 446, § 8; A.S.A. 1947, § 76-2308.

(a) As the county court in the case of bonds issued by a county, and the governing body of the municipality in the case of bonds issued by a municipality, shall determine, the bonds may: (1) Be coupon bonds, payable to bearer, or may be made registrable as to principal only with interest coupons, or may be made registrable as to both principal and interest without coupons, and may be made exchangeable into bonds of another denomination, which bonds of another denomination may in turn be either coupon bonds payable to bearer, or coupon bonds registrable as to principal only, or bonds registrable as to both principal and interest without coupons; (2) Be in such form and denomination; (3) Have such date or dates; (4) Be stated to mature at such times; (5) Bear interest payable at such times and at such rate or rates; (6) Be made payable at such places within or without the State of Arkansas; (7) Be made subject to such terms of redemption in advance of maturity at such prices; and (8) Contain such other terms and conditions.

(1) Be coupon bonds, payable to bearer, or may be made registrable as to principal only with interest coupons, or may be made registrable as to both principal and interest without coupons, and may be made exchangeable into bonds of another denomination, which bonds of another denomination may in turn be either coupon bonds payable to bearer, or coupon bonds registrable as to principal only, or bonds registrable as to both principal and interest without coupons;

(2) Be in such form and denomination;

(3) Have such date or dates;

(4) Be stated to mature at such times;

(5) Bear interest payable at such times and at such rate or rates;

(6) Be made payable at such places within or without the State of Arkansas;

(7) Be made subject to such terms of redemption in advance of maturity at such prices; and

(8) Contain such other terms and conditions.

(b) The bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas, subject to provisions as to registration of ownership, as set forth in this subchapter.

Acts 1965, No. 446, § 8; A.S.A. 1947, § 76-2308.
Ark. Code Ann. § 26-51-1001 — AR Code / Title 26 / Chapter 51 / Subchapter 10 / Section 26-51-1001
Title
Status: in_force

This subchapter shall be known as the "Water Resource Conservation and Development Incentives Act". Acts 1995, No. 341, § 1.

This subchapter shall be known as the "Water Resource Conservation and Development Incentives Act".

Acts 1995, No. 341, § 1.
Ark. Code Ann. § 26-74-609 — AR Code / Title 26 / Chapter 74 / Subchapter 6 / Section 26-74-609
Disposition of funds
Status: in_force

(a) (1) The Secretary of the Department of Finance and Administration shall maintain a record of the total amount of tax collected pursuant to this subchapter and all other subchapters authorizing a county sales and use tax in each eligible county and shall deposit all such revenues with the Treasurer of State. (2) (A) Upon receipt of the funds, the Treasurer of State shall deduct three percent (3%) of the funds as a charge by the state for its services as specified in this subchapter and shall credit the three percent (3%) to the Constitutional Officers Fund and the State Central Services Fund. (B) In addition, the Treasurer of State may retain in the Local Sales and Use Tax Trust Fund an amount not to exceed five percent (5%) of the total amount received from the tax levied by each eligible county, to be used by the Treasurer of State to: (i) Make refunds for overpayment of the taxes; and (ii) Redeem dishonored checks and drafts received and deposited into the Local Sales and Use Tax Trust Fund. (b) (1) All funds received by the Treasurer of State from the tax levied by each eligible county after deducting the amounts required by subsection (a) of this section shall be credited to the account of the eligible county in which collected. (2) The Treasurer of State shall transmit monthly to the county treasurer the moneys received by the Treasurer of State from the sales tax levied by the eligible county and credited to the account of the eligible county in the Local Sales and Use Tax Trust Fund. (c) Within a reasonable time after receipt by the eligible county, all collections of the tax shall be transmitted to the qualified university and applied to the capital improvements to or the operation and maintenance of the eligible campus. (d) The Treasurer of State may make refunds for overpayment of the county sales tax and to redeem dishonored checks and drafts issued in payment of the county sales tax from the Local Sales and Use Tax Trust Fund. (e) When any tax adopted by an eligible county pursuant to this subchapter ceases, the secretary shall retain in the account of that eligible county in the Local Sales and Use Tax Trust Fund for a period of one (1) year an amount equal to five percent (5%) of the final remittance to the eligible county at the time of termination of the collection of the tax to: (1) Cover refunds for overpayment of taxes; and (2) Redeem dishonored checks and drafts deposited to the credit of the Local Sales and Use Tax Trust Fund. (f) After one (1) year has elapsed after the tax ceases in any eligible county, the secretary shall transfer the balance in that eligible county's account to the eligible county and shall close the account. Amended by Act 2019, No. 910,§ 4411, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4410, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4409, eff. 7/1/2019. Acts 2001, No. 1796, § 1.

(a) (1) The Secretary of the Department of Finance and Administration shall maintain a record of the total amount of tax collected pursuant to this subchapter and all other subchapters authorizing a county sales and use tax in each eligible county and shall deposit all such revenues with the Treasurer of State. (2) (A) Upon receipt of the funds, the Treasurer of State shall deduct three percent (3%) of the funds as a charge by the state for its services as specified in this subchapter and shall credit the three percent (3%) to the Constitutional Officers Fund and the State Central Services Fund. (B) In addition, the Treasurer of State may retain in the Local Sales and Use Tax Trust Fund an amount not to exceed five percent (5%) of the total amount received from the tax levied by each eligible county, to be used by the Treasurer of State to: (i) Make refunds for overpayment of the taxes; and (ii) Redeem dishonored checks and drafts received and deposited into the Local Sales and Use Tax Trust Fund.

(1) The Secretary of the Department of Finance and Administration shall maintain a record of the total amount of tax collected pursuant to this subchapter and all other subchapters authorizing a county sales and use tax in each eligible county and shall deposit all such revenues with the Treasurer of State.

(2) (A) Upon receipt of the funds, the Treasurer of State shall deduct three percent (3%) of the funds as a charge by the state for its services as specified in this subchapter and shall credit the three percent (3%) to the Constitutional Officers Fund and the State Central Services Fund. (B) In addition, the Treasurer of State may retain in the Local Sales and Use Tax Trust Fund an amount not to exceed five percent (5%) of the total amount received from the tax levied by each eligible county, to be used by the Treasurer of State to: (i) Make refunds for overpayment of the taxes; and (ii) Redeem dishonored checks and drafts received and deposited into the Local Sales and Use Tax Trust Fund.

(A) Upon receipt of the funds, the Treasurer of State shall deduct three percent (3%) of the funds as a charge by the state for its services as specified in this subchapter and shall credit the three percent (3%) to the Constitutional Officers Fund and the State Central Services Fund.

(B) In addition, the Treasurer of State may retain in the Local Sales and Use Tax Trust Fund an amount not to exceed five percent (5%) of the total amount received from the tax levied by each eligible county, to be used by the Treasurer of State to: (i) Make refunds for overpayment of the taxes; and (ii) Redeem dishonored checks and drafts received and deposited into the Local Sales and Use Tax Trust Fund.

(i) Make refunds for overpayment of the taxes; and

(ii) Redeem dishonored checks and drafts received and deposited into the Local Sales and Use Tax Trust Fund.

(b) (1) All funds received by the Treasurer of State from the tax levied by each eligible county after deducting the amounts required by subsection (a) of this section shall be credited to the account of the eligible county in which collected. (2) The Treasurer of State shall transmit monthly to the county treasurer the moneys received by the Treasurer of State from the sales tax levied by the eligible county and credited to the account of the eligible county in the Local Sales and Use Tax Trust Fund.

(1) All funds received by the Treasurer of State from the tax levied by each eligible county after deducting the amounts required by subsection (a) of this section shall be credited to the account of the eligible county in which collected.

(2) The Treasurer of State shall transmit monthly to the county treasurer the moneys received by the Treasurer of State from the sales tax levied by the eligible county and credited to the account of the eligible county in the Local Sales and Use Tax Trust Fund.

(c) Within a reasonable time after receipt by the eligible county, all collections of the tax shall be transmitted to the qualified university and applied to the capital improvements to or the operation and maintenance of the eligible campus.

(d) The Treasurer of State may make refunds for overpayment of the county sales tax and to redeem dishonored checks and drafts issued in payment of the county sales tax from the Local Sales and Use Tax Trust Fund.

(e) When any tax adopted by an eligible county pursuant to this subchapter ceases, the secretary shall retain in the account of that eligible county in the Local Sales and Use Tax Trust Fund for a period of one (1) year an amount equal to five percent (5%) of the final remittance to the eligible county at the time of termination of the collection of the tax to: (1) Cover refunds for overpayment of taxes; and (2) Redeem dishonored checks and drafts deposited to the credit of the Local Sales and Use Tax Trust Fund.

(1) Cover refunds for overpayment of taxes; and

(2) Redeem dishonored checks and drafts deposited to the credit of the Local Sales and Use Tax Trust Fund.

(f) After one (1) year has elapsed after the tax ceases in any eligible county, the secretary shall transfer the balance in that eligible county's account to the eligible county and shall close the account.

Amended by Act 2019, No. 910,§ 4411, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4410, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4409, eff. 7/1/2019.

Acts 2001, No. 1796, § 1.
Ark. Code Ann. § 26-73-101 — AR Code / Title 26 / Chapter 73 / Subchapter 1 / Section 26-73-101
Savings provision
Status: in_force

Nothing in this subchapter shall be construed to modify or repeal §§ 26-75-303 and 26-75-307 - 26-75-316 . Acts 1977, No. 942, § 10; A.S.A. 1947, § 17-2009.

Nothing in this subchapter shall be construed to modify or repeal §§ 26-75-303 and 26-75-307 - 26-75-316 .

Acts 1977, No. 942, § 10; A.S.A. 1947, § 17-2009.
Ark. Code Ann. § 26-38-103 — AR Code / Title 26 / Chapter 38 / Subchapter 1 / Section 26-38-103
Release of overdue tax lands sold to state under Acts 1881, No. 39
Status: in_force

(a) As to all lands in the State of Arkansas which were sold to the state under the provisions of an act to enforce the payment of overdue taxes, Acts 1881, No. 39, approved March 12, 1881 [repealed], and an act amendatory thereto, approved March 22, 1881, to which the Commissioner of State Lands has executed deeds of donation, deeds of sale, or deeds of relinquishment, the state does release its title in favor of the grantees in these deeds, their heirs, successors, and assigns forever. As to all these lands that have not been disposed of by the Commissioner of State Lands as indicated but which have been placed back upon the tax books of the counties wherein the lands lie, and the taxes have been paid thereon for more than seven (7) years since they were sold to the state under the provisions of these acts, the state does release all of its title. These provisions apply whether the lands were certified by the commissioner of the court to the county clerk of the county, as required by these acts, or not, and also to apply whether the lands were certified by the county clerk to the Office of the Commissioner of State Lands, or not. (b) Any person, firm, or corporation owning or claiming any of these lands may obtain evidence of his or her title thereto having been quieted under the provisions of this section by presenting to the Commissioner of State Lands a certificate under the hand and seal of the county clerk of the county wherein the lands lie, showing that he or she or his or her grantors, direct or by mesne conveyances, have paid the taxes on the lands for the number of years stated since sold to the State of Arkansas under the provisions of these acts of the General Assembly, accompanied by the affidavit of the claimant or his or her agent, showing that he or she is the present owner or claimant and has not sold or conveyed the lands to any other person, firm, or corporation. The certificate and affidavit being filed in the office of the Commissioner of State Lands, the Commissioner of State Lands shall execute a deed of relinquishment of all of the right, title, and interest of the state acquired under these acts to the claimant, or his or her successors and assigns, forever, upon the payment of a deed fee of one dollar ($1.00). Acts 1941, No. 408, §§ 1, 2; A.S.A. 1947, §§ 84-1334, 84-1335.

(a) As to all lands in the State of Arkansas which were sold to the state under the provisions of an act to enforce the payment of overdue taxes, Acts 1881, No. 39, approved March 12, 1881 [repealed], and an act amendatory thereto, approved March 22, 1881, to which the Commissioner of State Lands has executed deeds of donation, deeds of sale, or deeds of relinquishment, the state does release its title in favor of the grantees in these deeds, their heirs, successors, and assigns forever. As to all these lands that have not been disposed of by the Commissioner of State Lands as indicated but which have been placed back upon the tax books of the counties wherein the lands lie, and the taxes have been paid thereon for more than seven (7) years since they were sold to the state under the provisions of these acts, the state does release all of its title. These provisions apply whether the lands were certified by the commissioner of the court to the county clerk of the county, as required by these acts, or not, and also to apply whether the lands were certified by the county clerk to the Office of the Commissioner of State Lands, or not.

(b) Any person, firm, or corporation owning or claiming any of these lands may obtain evidence of his or her title thereto having been quieted under the provisions of this section by presenting to the Commissioner of State Lands a certificate under the hand and seal of the county clerk of the county wherein the lands lie, showing that he or she or his or her grantors, direct or by mesne conveyances, have paid the taxes on the lands for the number of years stated since sold to the State of Arkansas under the provisions of these acts of the General Assembly, accompanied by the affidavit of the claimant or his or her agent, showing that he or she is the present owner or claimant and has not sold or conveyed the lands to any other person, firm, or corporation. The certificate and affidavit being filed in the office of the Commissioner of State Lands, the Commissioner of State Lands shall execute a deed of relinquishment of all of the right, title, and interest of the state acquired under these acts to the claimant, or his or her successors and assigns, forever, upon the payment of a deed fee of one dollar ($1.00).

Acts 1941, No. 408, §§ 1, 2; A.S.A. 1947, §§ 84-1334, 84-1335.
Ark. Code Ann. § 26-56-217 — AR Code / Title 26 / Chapter 56 / Subchapter 2 / Section 26-56-217
Separate storage tanks for taxable distillate special fuel and for tax-free storage
Status: in_force

(a) (1) All users except suppliers of distillate special fuel who maintain their own storage tanks in the state are required to have a separate storage tank for taxable distillate special fuel other than dyed distillate special fuel, which tanks are to be physically separate and apart from any other tanks or fueling units, and to indicate it by placing thereon in a conspicuous place the words "TAX-PAID FUELS" in letters not less than five inches (5") high. (2) Suppliers are required to collect the tax on all distillate special fuel delivered into those tanks. (b) (1) All users who have facilities for storing distillate special fuel intended for other than highway use and which facilities are suitable to fuel motor vehicles using distillate special fuel, except those facilities used for residential purposes, shall mark the storage facilities with the words "NOT FOR MOTOR VEHICLE USE" in letters not less than five inches (5") high, and suppliers may deliver into the storage facilities without collecting the tax levied in this subchapter other than the tax levied by § 26-56-224(b) -(f). (2) (A) If users do not provide the tanks, then all distillate special fuel delivered by a supplier into storage tanks suitable for fueling motor vehicles become taxable, provided, however, that any city or county using a computerized fuel dispensing system that will automatically record each transaction as to pump operator and specific motor vehicle to which the distillate special fuel is dispensed may have taxable and nontaxable distillate special fuel delivered into the same tank. (B) The distributor shall collect the tax on the taxable portion of each purchase based upon the sworn statement of the purchaser as to the amount of taxable distillate special fuel purchased. (C) Each city or county shall file a report with the Secretary of the Department of Finance and Administration accounting for the taxable and nontaxable distillate special fuel used and miles driven by each motor vehicle which requires taxable distillate special fuel in such a manner, at such time, and on such forms as shall be prescribed by the secretary. (D) The secretary may promulgate rules to establish a system to periodically reconcile the taxable distillate special fuel purchased and actual taxable distillate special fuel used by the city or county. (3) However, when a user has one (1) or more storage tanks used for the storage of distillate special fuel within the meaning of this chapter, and the user does not own, possess, lease, or otherwise operate a motor vehicle licensed or required to be licensed for use upon the public highway and capable of using said distillate special fuel, the requirement for marking the storage facilities "NOT FOR MOTOR FUEL USE" shall be waived. (c) Nothing in this section shall be construed to amend or change the meaning of any other section of this chapter. Amended by Act 2019, No. 315,§ 3026, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4055, eff. 7/1/2019. Acts 1965 (1st Ex. Sess.), No. 40, ch. 2, § 4; 1973, No. 307, §§ 1, 2; A.S.A. 1947, §§ 75-1244, 75-1244.1; Acts 1991, No. 348, § 1; 2007, No. 87, §§ 6, 7.

(a) (1) All users except suppliers of distillate special fuel who maintain their own storage tanks in the state are required to have a separate storage tank for taxable distillate special fuel other than dyed distillate special fuel, which tanks are to be physically separate and apart from any other tanks or fueling units, and to indicate it by placing thereon in a conspicuous place the words "TAX-PAID FUELS" in letters not less than five inches (5") high. (2) Suppliers are required to collect the tax on all distillate special fuel delivered into those tanks.

(1) All users except suppliers of distillate special fuel who maintain their own storage tanks in the state are required to have a separate storage tank for taxable distillate special fuel other than dyed distillate special fuel, which tanks are to be physically separate and apart from any other tanks or fueling units, and to indicate it by placing thereon in a conspicuous place the words "TAX-PAID FUELS" in letters not less than five inches (5") high.

(2) Suppliers are required to collect the tax on all distillate special fuel delivered into those tanks.

(b) (1) All users who have facilities for storing distillate special fuel intended for other than highway use and which facilities are suitable to fuel motor vehicles using distillate special fuel, except those facilities used for residential purposes, shall mark the storage facilities with the words "NOT FOR MOTOR VEHICLE USE" in letters not less than five inches (5") high, and suppliers may deliver into the storage facilities without collecting the tax levied in this subchapter other than the tax levied by § 26-56-224(b) -(f). (2) (A) If users do not provide the tanks, then all distillate special fuel delivered by a supplier into storage tanks suitable for fueling motor vehicles become taxable, provided, however, that any city or county using a computerized fuel dispensing system that will automatically record each transaction as to pump operator and specific motor vehicle to which the distillate special fuel is dispensed may have taxable and nontaxable distillate special fuel delivered into the same tank. (B) The distributor shall collect the tax on the taxable portion of each purchase based upon the sworn statement of the purchaser as to the amount of taxable distillate special fuel purchased. (C) Each city or county shall file a report with the Secretary of the Department of Finance and Administration accounting for the taxable and nontaxable distillate special fuel used and miles driven by each motor vehicle which requires taxable distillate special fuel in such a manner, at such time, and on such forms as shall be prescribed by the secretary. (D) The secretary may promulgate rules to establish a system to periodically reconcile the taxable distillate special fuel purchased and actual taxable distillate special fuel used by the city or county. (3) However, when a user has one (1) or more storage tanks used for the storage of distillate special fuel within the meaning of this chapter, and the user does not own, possess, lease, or otherwise operate a motor vehicle licensed or required to be licensed for use upon the public highway and capable of using said distillate special fuel, the requirement for marking the storage facilities "NOT FOR MOTOR FUEL USE" shall be waived.

(1) All users who have facilities for storing distillate special fuel intended for other than highway use and which facilities are suitable to fuel motor vehicles using distillate special fuel, except those facilities used for residential purposes, shall mark the storage facilities with the words "NOT FOR MOTOR VEHICLE USE" in letters not less than five inches (5") high, and suppliers may deliver into the storage facilities without collecting the tax levied in this subchapter other than the tax levied by § 26-56-224(b) -(f).

(2) (A) If users do not provide the tanks, then all distillate special fuel delivered by a supplier into storage tanks suitable for fueling motor vehicles become taxable, provided, however, that any city or county using a computerized fuel dispensing system that will automatically record each transaction as to pump operator and specific motor vehicle to which the distillate special fuel is dispensed may have taxable and nontaxable distillate special fuel delivered into the same tank. (B) The distributor shall collect the tax on the taxable portion of each purchase based upon the sworn statement of the purchaser as to the amount of taxable distillate special fuel purchased. (C) Each city or county shall file a report with the Secretary of the Department of Finance and Administration accounting for the taxable and nontaxable distillate special fuel used and miles driven by each motor vehicle which requires taxable distillate special fuel in such a manner, at such time, and on such forms as shall be prescribed by the secretary. (D) The secretary may promulgate rules to establish a system to periodically reconcile the taxable distillate special fuel purchased and actual taxable distillate special fuel used by the city or county.

(A) If users do not provide the tanks, then all distillate special fuel delivered by a supplier into storage tanks suitable for fueling motor vehicles become taxable, provided, however, that any city or county using a computerized fuel dispensing system that will automatically record each transaction as to pump operator and specific motor vehicle to which the distillate special fuel is dispensed may have taxable and nontaxable distillate special fuel delivered into the same tank.

(B) The distributor shall collect the tax on the taxable portion of each purchase based upon the sworn statement of the purchaser as to the amount of taxable distillate special fuel purchased.

(C) Each city or county shall file a report with the Secretary of the Department of Finance and Administration accounting for the taxable and nontaxable distillate special fuel used and miles driven by each motor vehicle which requires taxable distillate special fuel in such a manner, at such time, and on such forms as shall be prescribed by the secretary.

(D) The secretary may promulgate rules to establish a system to periodically reconcile the taxable distillate special fuel purchased and actual taxable distillate special fuel used by the city or county.

(3) However, when a user has one (1) or more storage tanks used for the storage of distillate special fuel within the meaning of this chapter, and the user does not own, possess, lease, or otherwise operate a motor vehicle licensed or required to be licensed for use upon the public highway and capable of using said distillate special fuel, the requirement for marking the storage facilities "NOT FOR MOTOR FUEL USE" shall be waived.

(c) Nothing in this section shall be construed to amend or change the meaning of any other section of this chapter.

Amended by Act 2019, No. 315,§ 3026, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4055, eff. 7/1/2019.

Acts 1965 (1st Ex. Sess.), No. 40, ch. 2, § 4; 1973, No. 307, §§ 1, 2; A.S.A. 1947, §§ 75-1244, 75-1244.1; Acts 1991, No. 348, § 1; 2007, No. 87, §§ 6, 7.
Ark. Code Ann. § 26-57-413 — AR Code / Title 26 / Chapter 57 / Subchapter 4 / Section 26-57-413
Licenses - Revocation or suspension
Status: in_force

(a) The Secretary of the Department of Finance and Administration may revoke or suspend the license authorized under this subchapter for cause. (b) Any person, partnership, limited liability company, or corporation that is a licensee under this subchapter shall be notified in writing that the revocation or suspension of its license is being considered and the reason therefor. (c) (1) The licensee shall have fifteen (15) days in which to request a hearing, after which time a hearing shall be had not less than twenty (20) days subsequent to the expiration of the fifteen-day period of notice. (2) A hearing under this subsection 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. (d) The licensee or the secretary may seek judicial relief from an adverse decision under this section by filing suit under § 26-18-602 . Amended by Act 2021, No. 593,§ 34, eff. 1/1/2023. Amended by Act 2019, No. 910,§ 4175, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4174, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4173, eff. 7/1/2019. Acts 1977, No. 553, § 3; A.S.A. 1947, § 84-2635; Acts 1995, No. 1160, § 32.

(a) The Secretary of the Department of Finance and Administration may revoke or suspend the license authorized under this subchapter for cause.

(b) Any person, partnership, limited liability company, or corporation that is a licensee under this subchapter shall be notified in writing that the revocation or suspension of its license is being considered and the reason therefor.

(c) (1) The licensee shall have fifteen (15) days in which to request a hearing, after which time a hearing shall be had not less than twenty (20) days subsequent to the expiration of the fifteen-day period of notice. (2) A hearing under this subsection 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 have fifteen (15) days in which to request a hearing, after which time a hearing shall be had not less than twenty (20) days subsequent to the expiration of the fifteen-day period of notice.

(2) A hearing under this subsection 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.

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

Amended by Act 2021, No. 593,§ 34, eff. 1/1/2023.

Amended by Act 2019, No. 910,§ 4175, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4174, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4173, eff. 7/1/2019.

Acts 1977, No. 553, § 3; A.S.A. 1947, § 84-2635; Acts 1995, No. 1160, § 32.
Ark. Code Ann. § 26-80-110 — AR Code / Title 26 / Chapter 80 / Subchapter 1 / Section 26-80-110
Dedicated maintenance and operation millage
Status: in_force

(a) (1) Upon the approval of a majority of the qualified voters in the school district voting in the school election, the board of directors of each local school district may designate as dedicated maintenance and operation millage some of the school district's additional maintenance and operation millage that exceeds the uniform rate of tax. (2) The approved tax shall be assessed, levied, and collected as provided by law for other school taxes. (b) Any funds received from the collection of a dedicated maintenance and operations tax shall be used only for maintenance and operation purposes specifically approved by the majority of the qualified voters of the school district voting in the school election and for no other purposes than those that were stated on the ballot. (c) Any levy of a dedicated maintenance and operation millage shall be limited as set forth in subsection (b) of this section and shall not exceed three (3) mills. (d) Any levy of a dedicated maintenance and operation millage must be specified on the ballot, and that specification must list the purpose for which the dedicated maintenance and operation millage is levied. (e) Dedicated maintenance and operation millage may not be used by a school district to comply with the uniform rate of tax levy. Acts 1989, No. 171, §§ 1-3; 1991, No. 839, § 1; 1993, No. 1276, § 1; 1995, No. 917, § 9; 1997, No. 1300, § 15; 2003 (2nd Ex. Sess.), No. 28, § 7; 2003 (2nd Ex. Sess.), No. 105, § 9.

(a) (1) Upon the approval of a majority of the qualified voters in the school district voting in the school election, the board of directors of each local school district may designate as dedicated maintenance and operation millage some of the school district's additional maintenance and operation millage that exceeds the uniform rate of tax. (2) The approved tax shall be assessed, levied, and collected as provided by law for other school taxes.

(1) Upon the approval of a majority of the qualified voters in the school district voting in the school election, the board of directors of each local school district may designate as dedicated maintenance and operation millage some of the school district's additional maintenance and operation millage that exceeds the uniform rate of tax.

(2) The approved tax shall be assessed, levied, and collected as provided by law for other school taxes.

(b) Any funds received from the collection of a dedicated maintenance and operations tax shall be used only for maintenance and operation purposes specifically approved by the majority of the qualified voters of the school district voting in the school election and for no other purposes than those that were stated on the ballot.

(c) Any levy of a dedicated maintenance and operation millage shall be limited as set forth in subsection (b) of this section and shall not exceed three (3) mills.

(d) Any levy of a dedicated maintenance and operation millage must be specified on the ballot, and that specification must list the purpose for which the dedicated maintenance and operation millage is levied.

(e) Dedicated maintenance and operation millage may not be used by a school district to comply with the uniform rate of tax levy.

Acts 1989, No. 171, §§ 1-3; 1991, No. 839, § 1; 1993, No. 1276, § 1; 1995, No. 917, § 9; 1997, No. 1300, § 15; 2003 (2nd Ex. Sess.), No. 28, § 7; 2003 (2nd Ex. Sess.), No. 105, § 9.
Ark. Code Ann. § 26-57-1105 — AR Code / Title 26 / Chapter 57 / Subchapter 11 / Section 26-57-1105
Applicability
Status: in_force

The tax levied in §§ 26-57-1101 and 26-57-1102 shall be in effect on and after July 1, 1997, and shall apply to any inventory or stocks of cigarettes or tobacco products held by a wholesaler or retailer on that date. Acts 1997, No. 434, § 11.

The tax levied in §§ 26-57-1101 and 26-57-1102 shall be in effect on and after July 1, 1997, and shall apply to any inventory or stocks of cigarettes or tobacco products held by a wholesaler or retailer on that date.

Acts 1997, No. 434, § 11.
Ark. Code Ann. § 26-52-108 — AR Code / Title 26 / Chapter 52 / Subchapter 1 / Section 26-52-108
Changes in law - Notice to permit holders
Status: in_force

The Secretary of the Department of Finance and Administration shall give each gross receipts tax permit holder under § 26-52-201 written notice of any new state sales and use tax law or any change in the present state sales and use tax law within thirty (30) days after the adjournment of the General Assembly. Amended by Act 2019, No. 910,§ 3821, eff. 7/1/2019. Acts 1991, No. 535, § 1.

The Secretary of the Department of Finance and Administration shall give each gross receipts tax permit holder under § 26-52-201 written notice of any new state sales and use tax law or any change in the present state sales and use tax law within thirty (30) days after the adjournment of the General Assembly.

Amended by Act 2019, No. 910,§ 3821, eff. 7/1/2019.

Acts 1991, No. 535, § 1.
Ark. Code Ann. § 26-35-1004 — AR Code / Title 26 / Chapter 35 / Subchapter 10 / Section 26-35-1004
Tax receipt form
Status: in_force

The county collector, whenever any taxes are paid, shall give the person paying them a receipt dated, numbered, and filled out so as to show by whom, on what, and amount of taxes paid, amount of land and personalty, and percentage rate at the foot of the receipts. The receipt shall be prepared for the purpose and, in case of land, distinctly specify it as it is described on the tax books. The receipt may be in the following form: Click here to view image. Acts 1883, No. 114, § 115, p. 199; C. & M. Dig., § 10057; Pope's Dig., § 13816; A.S.A. 1947, § 84-931.

The county collector, whenever any taxes are paid, shall give the person paying them a receipt dated, numbered, and filled out so as to show by whom, on what, and amount of taxes paid, amount of land and personalty, and percentage rate at the foot of the receipts. The receipt shall be prepared for the purpose and, in case of land, distinctly specify it as it is described on the tax books. The receipt may be in the following form:

Click here to view image.

Acts 1883, No. 114, § 115, p. 199; C. & M. Dig., § 10057; Pope's Dig., § 13816; A.S.A. 1947, § 84-931.

35_1004_1 - Attachment