Ark. Code Ann. § 26-75-303 — AR Code / Title 26 / Chapter 75 / Subchapter 3 / Section 26-75-303
Definitions
Status: in_force

As used in this subchapter: (1) "Acquire" means to obtain at any time by gift, purchase, or other arrangement any capital improvement of a public nature, or any portion of a capital improvement of a public nature, whether constructed and equipped before acquisition, partially constructed and equipped before acquisition, or being constructed and equipped at the time of acquisition, for such consideration and pursuant to such terms and conditions as the governing body shall determine; (2) "Calendar quarter" means the three-month period beginning on January 1, April 1, July 1, or October 1; (3) "Capital improvements of a public nature" means: (A) Streets; (B) Roads; (C) Public parks; (D) Port facilities; (E) Tourism facilities; (F) Airport facilities; (G) Sewerage facilities; (H) Waterworks facilities; (I) Fire protection facilities; (J) Convention center facilities; (K) City halls; (L) Courthouses; (M) Police facilities; (N) Public transit facilities; (O) Auditoriums; (P) Prisons; (Q) Libraries; (R) Hospital and nursing home facilities; (S) Solid waste facilities; (T) Sanitation facilities; (U) Bridges; (V) Electric facilities; (W) Hydroelectric facilities; (X) Facilities for the securing and developing of industry; (Y) Natural gas facilities; (Z) Parking facilities; (AA) Public housing facilities; (BB) Pollution control facilities; (CC) Public education facilities; (DD) Drainage facilities; (EE) Pedestrian facilities; (FF) Lakes; (GG) Dams; (HH) Waterways; (II) Regional mobility authority surface transportation systems; and (JJ) Research parks; (4) (A) "City" means any city of the first class, city of the second class, or incorporated town of the State of Arkansas. (B) (i) Any city in this state having a population of three thousand (3,000) or fewer inhabitants according to the most recent federal decennial census, located in a county that borders on the state line of another state, having in the city a designated historic district that is included in the National Register of Historic Places, and which is certified by the State Parks, Recreation, and Travel Commission as having tourism as the major industry in the city, shall be deemed to be a city within the meaning of the term "city" as the same is provided in this subchapter. (ii) Any city described in subdivision (4)(B)(i) of this section may levy a local sales, gross receipts, and use tax for the benefit of the city, in accordance with the provisions of this subchapter and in the same manner and procedures as provided in this subchapter; (5) "Construct" means to build, in whole or in part, in such manner and by such method, including contracting to build and, if contracting, by negotiation or bidding upon such terms and pursuant to such advertising as the governing body determines under the circumstances existing at the time will most effectively serve the purposes of this subchapter; (6) "Equip" means to install or place in or on any building or structure equipment of any and every kind, whether or not affixed, including, without limitation, building service equipment, fixtures, heating equipment, air conditioning equipment, machinery, furniture, furnishings, and personal property of every kind; (7) "Facilities" means real, personal, or mixed property of any and every kind, including, without limitation, rights-of-way, utilities, materials, equipment, fixtures, machinery, furniture, furnishings, buildings, and other improvements of every kind; and (8) "Lease" means a lease of a capital improvement of a public nature by and between a city as lessee and another person as lessor, except as used in §§ 26-75-304 and 26-75-313 . Amended by Act 2019, No. 910,§ 4435, eff. 7/1/2019. Acts 1975, No. 990, § 1; 1977, No. 953, § 1; 1979, No. 479, § 1; 1981, No. 133, § 1; 1981, No. 406, § 1; 1981, No. 861, § 1; 1983, No. 722, § 1; A.S.A. 1947, §§ 19-4513, 19-4513.1; Acts 1995, No. 565, § 19; 2005, No. 2275, § 5; 2007, No. 1045, § 7.

As used in this subchapter:

(1) "Acquire" means to obtain at any time by gift, purchase, or other arrangement any capital improvement of a public nature, or any portion of a capital improvement of a public nature, whether constructed and equipped before acquisition, partially constructed and equipped before acquisition, or being constructed and equipped at the time of acquisition, for such consideration and pursuant to such terms and conditions as the governing body shall determine;

(2) "Calendar quarter" means the three-month period beginning on January 1, April 1, July 1, or October 1;

(3) "Capital improvements of a public nature" means: (A) Streets; (B) Roads; (C) Public parks; (D) Port facilities; (E) Tourism facilities; (F) Airport facilities; (G) Sewerage facilities; (H) Waterworks facilities; (I) Fire protection facilities; (J) Convention center facilities; (K) City halls; (L) Courthouses; (M) Police facilities; (N) Public transit facilities; (O) Auditoriums; (P) Prisons; (Q) Libraries; (R) Hospital and nursing home facilities; (S) Solid waste facilities; (T) Sanitation facilities; (U) Bridges; (V) Electric facilities; (W) Hydroelectric facilities; (X) Facilities for the securing and developing of industry; (Y) Natural gas facilities; (Z) Parking facilities; (AA) Public housing facilities; (BB) Pollution control facilities; (CC) Public education facilities; (DD) Drainage facilities; (EE) Pedestrian facilities; (FF) Lakes; (GG) Dams; (HH) Waterways; (II) Regional mobility authority surface transportation systems; and (JJ) Research parks;

(A) Streets;

(B) Roads;

(C) Public parks;

(D) Port facilities;

(E) Tourism facilities;

(F) Airport facilities;

(G) Sewerage facilities;

(H) Waterworks facilities;

(I) Fire protection facilities;

(J) Convention center facilities;

(K) City halls;

(L) Courthouses;

(M) Police facilities;

(N) Public transit facilities;

(O) Auditoriums;

(P) Prisons;

(Q) Libraries;

(R) Hospital and nursing home facilities;

(S) Solid waste facilities;

(T) Sanitation facilities;

(U) Bridges;

(V) Electric facilities;

(W) Hydroelectric facilities;

(X) Facilities for the securing and developing of industry;

(Y) Natural gas facilities;

(Z) Parking facilities;

(AA) Public housing facilities;

(BB) Pollution control facilities;

(CC) Public education facilities;

(DD) Drainage facilities;

(EE) Pedestrian facilities;

(FF) Lakes;

(GG) Dams;

(HH) Waterways;

(II) Regional mobility authority surface transportation systems; and

(JJ) Research parks;

(4) (A) "City" means any city of the first class, city of the second class, or incorporated town of the State of Arkansas. (B) (i) Any city in this state having a population of three thousand (3,000) or fewer inhabitants according to the most recent federal decennial census, located in a county that borders on the state line of another state, having in the city a designated historic district that is included in the National Register of Historic Places, and which is certified by the State Parks, Recreation, and Travel Commission as having tourism as the major industry in the city, shall be deemed to be a city within the meaning of the term "city" as the same is provided in this subchapter. (ii) Any city described in subdivision (4)(B)(i) of this section may levy a local sales, gross receipts, and use tax for the benefit of the city, in accordance with the provisions of this subchapter and in the same manner and procedures as provided in this subchapter;

(A) "City" means any city of the first class, city of the second class, or incorporated town of the State of Arkansas.

(B) (i) Any city in this state having a population of three thousand (3,000) or fewer inhabitants according to the most recent federal decennial census, located in a county that borders on the state line of another state, having in the city a designated historic district that is included in the National Register of Historic Places, and which is certified by the State Parks, Recreation, and Travel Commission as having tourism as the major industry in the city, shall be deemed to be a city within the meaning of the term "city" as the same is provided in this subchapter. (ii) Any city described in subdivision (4)(B)(i) of this section may levy a local sales, gross receipts, and use tax for the benefit of the city, in accordance with the provisions of this subchapter and in the same manner and procedures as provided in this subchapter;

(i) Any city in this state having a population of three thousand (3,000) or fewer inhabitants according to the most recent federal decennial census, located in a county that borders on the state line of another state, having in the city a designated historic district that is included in the National Register of Historic Places, and which is certified by the State Parks, Recreation, and Travel Commission as having tourism as the major industry in the city, shall be deemed to be a city within the meaning of the term "city" as the same is provided in this subchapter.

(ii) Any city described in subdivision (4)(B)(i) of this section may levy a local sales, gross receipts, and use tax for the benefit of the city, in accordance with the provisions of this subchapter and in the same manner and procedures as provided in this subchapter;

(5) "Construct" means to build, in whole or in part, in such manner and by such method, including contracting to build and, if contracting, by negotiation or bidding upon such terms and pursuant to such advertising as the governing body determines under the circumstances existing at the time will most effectively serve the purposes of this subchapter;

(6) "Equip" means to install or place in or on any building or structure equipment of any and every kind, whether or not affixed, including, without limitation, building service equipment, fixtures, heating equipment, air conditioning equipment, machinery, furniture, furnishings, and personal property of every kind;

(7) "Facilities" means real, personal, or mixed property of any and every kind, including, without limitation, rights-of-way, utilities, materials, equipment, fixtures, machinery, furniture, furnishings, buildings, and other improvements of every kind; and

(8) "Lease" means a lease of a capital improvement of a public nature by and between a city as lessee and another person as lessor, except as used in §§ 26-75-304 and 26-75-313 .

Amended by Act 2019, No. 910,§ 4435, eff. 7/1/2019.

Acts 1975, No. 990, § 1; 1977, No. 953, § 1; 1979, No. 479, § 1; 1981, No. 133, § 1; 1981, No. 406, § 1; 1981, No. 861, § 1; 1983, No. 722, § 1; A.S.A. 1947, §§ 19-4513, 19-4513.1; Acts 1995, No. 565, § 19; 2005, No. 2275, § 5; 2007, No. 1045, § 7.
Ark. Code Ann. § 26-52-902 — AR Code / Title 26 / Chapter 52 / Subchapter 9 / Section 26-52-902
Certification required
Status: in_force

(a) To claim the benefits of this subchapter, a taxpayer must obtain a certification from the Director of the Arkansas Economic Development Commission certifying to the Revenue Division of the Department of Finance and Administration that the taxpayer: (1) Operates a steel mill in Arkansas which began production after February 16, 1987; and (2) Has invested, after February 16, 1987, in excess of one hundred twenty million dollars ($120,000,000) in the steel mill, which investment expenditure is for one (1) of the following: (A) Property purchased for use in the construction of a building or buildings or any addition or improvement thereon to house the steel mill; (B) (i) Machinery and equipment to be located in or in connection with the steel mill. (ii) Motor vehicles of a type subject to registration shall not be considered as machinery and equipment; or (C) Project planning costs or construction labor costs, including on-site direct labor and supervision, whether employed by a contractor or the project owner; architectural fees or engineering fees, or both; right-of-way purchases; utility extensions; site preparation; parking lots; disposal or containment systems; water and sewer treatment systems; rail spurs; streets and roads; purchase of mineral rights; land; buildings; building renovation; production, processing, and testing equipment; freight charges; building demolition; material handling equipment; drainage systems; water tanks and reservoirs; storage facilities; equipment rental; contractor's cost plus fees; builders risk insurance; original spare parts; job administrative expenses; office furnishings and equipment; rolling stock; capitalized start-up costs as recognized by generally accepted accounting principles; and other costs related to the construction. (b) As used in subdivision (a)(2)(C) of this section, "production, processing, and testing equipment" includes machinery and equipment essential for the receiving, storing, processing, and testing of raw materials and the production, storage, testing, and shipping of finished products, including facilities for the production of steam, electricity, chemicals, and other materials that are essential to the manufacturing process, but which are consumed in the manufacturing process and do not become essential components of the finished product. (c) To claim the benefits of § 26-52-903 , a taxpayer must be certified before July 1, 1989, pursuant to subsection (a) of this section or obtain a certification before July 1, 1989, from the Director of the Arkansas Economic Development Commission certifying to the division that the taxpayer meets the definition of "qualified manufacturer of steel" contained in § 26-52-901 . Amended by Act 2013, No. 1135,§ 16, eff. 8/16/2013. Acts 1987, No. 48, § 1; 1987, No. 575, § 1; 1993, No. 403, § 24; 1997, No. 540, §§ 60, 91.

(a) To claim the benefits of this subchapter, a taxpayer must obtain a certification from the Director of the Arkansas Economic Development Commission certifying to the Revenue Division of the Department of Finance and Administration that the taxpayer: (1) Operates a steel mill in Arkansas which began production after February 16, 1987; and (2) Has invested, after February 16, 1987, in excess of one hundred twenty million dollars ($120,000,000) in the steel mill, which investment expenditure is for one (1) of the following: (A) Property purchased for use in the construction of a building or buildings or any addition or improvement thereon to house the steel mill; (B) (i) Machinery and equipment to be located in or in connection with the steel mill. (ii) Motor vehicles of a type subject to registration shall not be considered as machinery and equipment; or (C) Project planning costs or construction labor costs, including on-site direct labor and supervision, whether employed by a contractor or the project owner; architectural fees or engineering fees, or both; right-of-way purchases; utility extensions; site preparation; parking lots; disposal or containment systems; water and sewer treatment systems; rail spurs; streets and roads; purchase of mineral rights; land; buildings; building renovation; production, processing, and testing equipment; freight charges; building demolition; material handling equipment; drainage systems; water tanks and reservoirs; storage facilities; equipment rental; contractor's cost plus fees; builders risk insurance; original spare parts; job administrative expenses; office furnishings and equipment; rolling stock; capitalized start-up costs as recognized by generally accepted accounting principles; and other costs related to the construction.

(1) Operates a steel mill in Arkansas which began production after February 16, 1987; and

(2) Has invested, after February 16, 1987, in excess of one hundred twenty million dollars ($120,000,000) in the steel mill, which investment expenditure is for one (1) of the following: (A) Property purchased for use in the construction of a building or buildings or any addition or improvement thereon to house the steel mill; (B) (i) Machinery and equipment to be located in or in connection with the steel mill. (ii) Motor vehicles of a type subject to registration shall not be considered as machinery and equipment; or (C) Project planning costs or construction labor costs, including on-site direct labor and supervision, whether employed by a contractor or the project owner; architectural fees or engineering fees, or both; right-of-way purchases; utility extensions; site preparation; parking lots; disposal or containment systems; water and sewer treatment systems; rail spurs; streets and roads; purchase of mineral rights; land; buildings; building renovation; production, processing, and testing equipment; freight charges; building demolition; material handling equipment; drainage systems; water tanks and reservoirs; storage facilities; equipment rental; contractor's cost plus fees; builders risk insurance; original spare parts; job administrative expenses; office furnishings and equipment; rolling stock; capitalized start-up costs as recognized by generally accepted accounting principles; and other costs related to the construction.

(A) Property purchased for use in the construction of a building or buildings or any addition or improvement thereon to house the steel mill;

(B) (i) Machinery and equipment to be located in or in connection with the steel mill. (ii) Motor vehicles of a type subject to registration shall not be considered as machinery and equipment; or

(i) Machinery and equipment to be located in or in connection with the steel mill.

(ii) Motor vehicles of a type subject to registration shall not be considered as machinery and equipment; or

(C) Project planning costs or construction labor costs, including on-site direct labor and supervision, whether employed by a contractor or the project owner; architectural fees or engineering fees, or both; right-of-way purchases; utility extensions; site preparation; parking lots; disposal or containment systems; water and sewer treatment systems; rail spurs; streets and roads; purchase of mineral rights; land; buildings; building renovation; production, processing, and testing equipment; freight charges; building demolition; material handling equipment; drainage systems; water tanks and reservoirs; storage facilities; equipment rental; contractor's cost plus fees; builders risk insurance; original spare parts; job administrative expenses; office furnishings and equipment; rolling stock; capitalized start-up costs as recognized by generally accepted accounting principles; and other costs related to the construction.

(b) As used in subdivision (a)(2)(C) of this section, "production, processing, and testing equipment" includes machinery and equipment essential for the receiving, storing, processing, and testing of raw materials and the production, storage, testing, and shipping of finished products, including facilities for the production of steam, electricity, chemicals, and other materials that are essential to the manufacturing process, but which are consumed in the manufacturing process and do not become essential components of the finished product.

(c) To claim the benefits of § 26-52-903 , a taxpayer must be certified before July 1, 1989, pursuant to subsection (a) of this section or obtain a certification before July 1, 1989, from the Director of the Arkansas Economic Development Commission certifying to the division that the taxpayer meets the definition of "qualified manufacturer of steel" contained in § 26-52-901 .

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

Acts 1987, No. 48, § 1; 1987, No. 575, § 1; 1993, No. 403, § 24; 1997, No. 540, §§ 60, 91.
Ark. Code Ann. § 26-53-115 — AR Code / Title 26 / Chapter 53 / Subchapter 1 / Section 26-53-115
Exemption for certain aircraft and railroad cars, parts, and equipment
Status: in_force

(a) The tax levied in this subchapter shall not apply to aircraft, aircraft equipment, and railroad parts, cars, and equipment, or to tangible personal property owned or leased by aircraft, airmotive, or railroad companies brought into the State of Arkansas solely and exclusively for: (1) Refurbishing, conversion, or modification within this state and which is not used or intended for use in this state, and the presence of such tangible personal property within this state shall not be construed as storage, use, or consumption in this state for the purpose of this subchapter if the aircraft, aircraft equipment, and railroad parts, cars, and equipment, or tangible personal property is removed from this state within sixty (60) days from the date of the completion of the refurbishing, conversion, or modification; or (2) Storage for use outside or inside the State of Arkansas regardless of the length of time any such property is so stored in the State of Arkansas. (b) If any such property is subsequently initially used in the State of Arkansas, the tax levied by this subchapter shall be and become applicable to the property so used in Arkansas. (c) The General Assembly determines that it was not the intent of this subchapter to impose the compensating tax upon aircraft, aircraft equipment, and railroad parts, cars, and equipment or to any tangible personal property owned or leased by aircraft, airmotive, or railroad companies as provided in § 26-53-106 and as classified by this section. Acts 1949, No. 487, § 5; 1957, No. 19, § 2; 1959, No. 260, § 2; 1975 (Extended Sess., 1976), No. 1237, §§ 1, 2; A.S.A. 1947, §§ 84-3105, 84-3105n; reen. Acts 1987, No. 772, § 1; 1995, No. 848, § 3; 2009, No. 655, § 33.

(a) The tax levied in this subchapter shall not apply to aircraft, aircraft equipment, and railroad parts, cars, and equipment, or to tangible personal property owned or leased by aircraft, airmotive, or railroad companies brought into the State of Arkansas solely and exclusively for: (1) Refurbishing, conversion, or modification within this state and which is not used or intended for use in this state, and the presence of such tangible personal property within this state shall not be construed as storage, use, or consumption in this state for the purpose of this subchapter if the aircraft, aircraft equipment, and railroad parts, cars, and equipment, or tangible personal property is removed from this state within sixty (60) days from the date of the completion of the refurbishing, conversion, or modification; or (2) Storage for use outside or inside the State of Arkansas regardless of the length of time any such property is so stored in the State of Arkansas.

(1) Refurbishing, conversion, or modification within this state and which is not used or intended for use in this state, and the presence of such tangible personal property within this state shall not be construed as storage, use, or consumption in this state for the purpose of this subchapter if the aircraft, aircraft equipment, and railroad parts, cars, and equipment, or tangible personal property is removed from this state within sixty (60) days from the date of the completion of the refurbishing, conversion, or modification; or

(2) Storage for use outside or inside the State of Arkansas regardless of the length of time any such property is so stored in the State of Arkansas.

(b) If any such property is subsequently initially used in the State of Arkansas, the tax levied by this subchapter shall be and become applicable to the property so used in Arkansas.

(c) The General Assembly determines that it was not the intent of this subchapter to impose the compensating tax upon aircraft, aircraft equipment, and railroad parts, cars, and equipment or to any tangible personal property owned or leased by aircraft, airmotive, or railroad companies as provided in § 26-53-106 and as classified by this section.

Acts 1949, No. 487, § 5; 1957, No. 19, § 2; 1959, No. 260, § 2; 1975 (Extended Sess., 1976), No. 1237, §§ 1, 2; A.S.A. 1947, §§ 84-3105, 84-3105n; reen. Acts 1987, No. 772, § 1; 1995, No. 848, § 3; 2009, No. 655, § 33.
Ark. Code Ann. § 26-27-315 — AR Code / Title 26 / Chapter 27 / Subchapter 3 / Section 26-27-315
Equalization of assessments
Status: in_force

(a) Immediately after the county assessor files his or her report of the assessment of real and personal property in the office of the county clerk as required by law, the county clerk shall present the report of the assessment to the county equalization board, and the county equalization board shall proceed to equalize the assessed valuation of the properties. (b) For this purpose, the county equalization board shall observe the following rules: (1) (A) It shall raise or lower the valuation of any property to bring about a complete equalization of property at the proper value under § 26-26-407 or § 26-26-1202 or in accordance with a value otherwise prescribed by law. (B) It shall not raise or lower the valuation of any property without documenting the reason for raising or lowering the valuation of the property to achieve the proper value under § 26-26-407 or § 26-26-1202 or in accordance with a value otherwise prescribed by law, and the documentation shall be attached to the appropriate property record card or cards. (C) (i) It shall not raise or lower the value of any property without reviewing values of similarly situated properties. (ii) If the same reason for raising or lowering the value of the property exists for those similarly situated properties, the values for those properties shall also be raised or lowered, and the changes shall be documented. (D) It shall not materially change the records of the county assessor's office, but may only direct that the assessed value of property be raised or lowered in keeping with its documented findings; (2) (A) In each instance in which the county equalization board shall raise the valuation of any property, it shall immediately notify the owner or his or her agent by first class mail of the increase. (B) However, all persons present before the county equalization board in person or by agent at the time the increase is ordered are there so notified and shall not be entitled to further notice. (C) The notice shall state the valuation returned by the county assessor and the valuation fixed by the county equalization board and shall advise the owner or his or her agent that he or she may in person, by agent, petition, or letter apply for and receive consideration or hearing by or before the county equalization board if the application shall be made on or before the first Saturday next preceding the third Monday in September if in regular session for equalization or before the first Saturday next preceding the third Monday of November if meeting in special sessions; and (3) In each instance in which an assessment is raised and the owner or his or her agent has applied for consideration or hearing for an adjustment of his or her assessment, if the county equalization board has failed to take action on his or her application before adjourning its regular session or if it fails to convene in special session to consider the application, then the county equalization board shall reduce all such increases to the assessed levels of the previous year. Amended by Act 2017, No. 659,§ 3, eff. 8/1/2017. Acts 1929, No. 172, § 27; Pope's Dig., § 13645; A.S.A. 1947, § 84-707; Acts 1999, No. 1326, § 7; 2001, No. 1567, § 1.

(a) Immediately after the county assessor files his or her report of the assessment of real and personal property in the office of the county clerk as required by law, the county clerk shall present the report of the assessment to the county equalization board, and the county equalization board shall proceed to equalize the assessed valuation of the properties.

(b) For this purpose, the county equalization board shall observe the following rules: (1) (A) It shall raise or lower the valuation of any property to bring about a complete equalization of property at the proper value under § 26-26-407 or § 26-26-1202 or in accordance with a value otherwise prescribed by law. (B) It shall not raise or lower the valuation of any property without documenting the reason for raising or lowering the valuation of the property to achieve the proper value under § 26-26-407 or § 26-26-1202 or in accordance with a value otherwise prescribed by law, and the documentation shall be attached to the appropriate property record card or cards. (C) (i) It shall not raise or lower the value of any property without reviewing values of similarly situated properties. (ii) If the same reason for raising or lowering the value of the property exists for those similarly situated properties, the values for those properties shall also be raised or lowered, and the changes shall be documented. (D) It shall not materially change the records of the county assessor's office, but may only direct that the assessed value of property be raised or lowered in keeping with its documented findings; (2) (A) In each instance in which the county equalization board shall raise the valuation of any property, it shall immediately notify the owner or his or her agent by first class mail of the increase. (B) However, all persons present before the county equalization board in person or by agent at the time the increase is ordered are there so notified and shall not be entitled to further notice. (C) The notice shall state the valuation returned by the county assessor and the valuation fixed by the county equalization board and shall advise the owner or his or her agent that he or she may in person, by agent, petition, or letter apply for and receive consideration or hearing by or before the county equalization board if the application shall be made on or before the first Saturday next preceding the third Monday in September if in regular session for equalization or before the first Saturday next preceding the third Monday of November if meeting in special sessions; and (3) In each instance in which an assessment is raised and the owner or his or her agent has applied for consideration or hearing for an adjustment of his or her assessment, if the county equalization board has failed to take action on his or her application before adjourning its regular session or if it fails to convene in special session to consider the application, then the county equalization board shall reduce all such increases to the assessed levels of the previous year.

(1) (A) It shall raise or lower the valuation of any property to bring about a complete equalization of property at the proper value under § 26-26-407 or § 26-26-1202 or in accordance with a value otherwise prescribed by law. (B) It shall not raise or lower the valuation of any property without documenting the reason for raising or lowering the valuation of the property to achieve the proper value under § 26-26-407 or § 26-26-1202 or in accordance with a value otherwise prescribed by law, and the documentation shall be attached to the appropriate property record card or cards. (C) (i) It shall not raise or lower the value of any property without reviewing values of similarly situated properties. (ii) If the same reason for raising or lowering the value of the property exists for those similarly situated properties, the values for those properties shall also be raised or lowered, and the changes shall be documented. (D) It shall not materially change the records of the county assessor's office, but may only direct that the assessed value of property be raised or lowered in keeping with its documented findings;

(A) It shall raise or lower the valuation of any property to bring about a complete equalization of property at the proper value under § 26-26-407 or § 26-26-1202 or in accordance with a value otherwise prescribed by law.

(B) It shall not raise or lower the valuation of any property without documenting the reason for raising or lowering the valuation of the property to achieve the proper value under § 26-26-407 or § 26-26-1202 or in accordance with a value otherwise prescribed by law, and the documentation shall be attached to the appropriate property record card or cards.

(C) (i) It shall not raise or lower the value of any property without reviewing values of similarly situated properties. (ii) If the same reason for raising or lowering the value of the property exists for those similarly situated properties, the values for those properties shall also be raised or lowered, and the changes shall be documented.

(i) It shall not raise or lower the value of any property without reviewing values of similarly situated properties.

(ii) If the same reason for raising or lowering the value of the property exists for those similarly situated properties, the values for those properties shall also be raised or lowered, and the changes shall be documented.

(D) It shall not materially change the records of the county assessor's office, but may only direct that the assessed value of property be raised or lowered in keeping with its documented findings;

(2) (A) In each instance in which the county equalization board shall raise the valuation of any property, it shall immediately notify the owner or his or her agent by first class mail of the increase. (B) However, all persons present before the county equalization board in person or by agent at the time the increase is ordered are there so notified and shall not be entitled to further notice. (C) The notice shall state the valuation returned by the county assessor and the valuation fixed by the county equalization board and shall advise the owner or his or her agent that he or she may in person, by agent, petition, or letter apply for and receive consideration or hearing by or before the county equalization board if the application shall be made on or before the first Saturday next preceding the third Monday in September if in regular session for equalization or before the first Saturday next preceding the third Monday of November if meeting in special sessions; and

(A) In each instance in which the county equalization board shall raise the valuation of any property, it shall immediately notify the owner or his or her agent by first class mail of the increase.

(B) However, all persons present before the county equalization board in person or by agent at the time the increase is ordered are there so notified and shall not be entitled to further notice.

(C) The notice shall state the valuation returned by the county assessor and the valuation fixed by the county equalization board and shall advise the owner or his or her agent that he or she may in person, by agent, petition, or letter apply for and receive consideration or hearing by or before the county equalization board if the application shall be made on or before the first Saturday next preceding the third Monday in September if in regular session for equalization or before the first Saturday next preceding the third Monday of November if meeting in special sessions; and

(3) In each instance in which an assessment is raised and the owner or his or her agent has applied for consideration or hearing for an adjustment of his or her assessment, if the county equalization board has failed to take action on his or her application before adjourning its regular session or if it fails to convene in special session to consider the application, then the county equalization board shall reduce all such increases to the assessed levels of the previous year.

Amended by Act 2017, No. 659,§ 3, eff. 8/1/2017.

Acts 1929, No. 172, § 27; Pope's Dig., § 13645; A.S.A. 1947, § 84-707; Acts 1999, No. 1326, § 7; 2001, No. 1567, § 1.
Ark. Code Ann. § 26-51-504 — AR Code / Title 26 / Chapter 51 / Subchapter 5 / Section 26-51-504
Income from sources outside Arkansas - Definition
Status: in_force

(a) (1) (A) For the purpose of ascertaining the income tax due by an individual resident of Arkansas whose gross income includes income derived from property located outside the State of Arkansas, or from business transacted outside the State of Arkansas, the tax shall first be computed as if all of the income of the resident were derived from sources within the State of Arkansas, but a credit shall then be given on the tax as so computed, for the amount of income tax actually owed by the resident for the year to any other state or territory on account of income from property owned or business transacted in the other state or territory. However, credit shall not exceed what the tax would be on the outside income, if added to the Arkansas income, and calculated at Arkansas income tax rates. (B) Income from property located or business transacted in another state or territory does not include work performed in this state as provided in § 26-51-202(c) . (2) (A) For purposes of subdivision (a)(1) of this section, the amount of income tax owed to any other state or territory by a resident shareholder of an S corporation shall be considered to include an amount equal to the shareholder's pro rata share of any net income tax owed by the S corporation to a state which does not recognize S corporations. (B) As used in subdivision (a)(2)(A) of this section, "net income tax" means any tax imposed on or measured by a corporation's net income. (b) Before a resident of Arkansas may claim the credit allowed under this section, he or she shall file with his or her income tax return any such additional information as the Director of the State Income Tax Division or the Secretary of the Department of Finance and Administration may by rule require showing in detail the amount of gross and net income derived from property owned or business transacted without this state, together with the amount of tax actually owed on the income to another state or territory. (c) The credit against Arkansas income tax afforded individual residents of Arkansas under this section shall also be available to fiduciaries and partnerships residing or domiciled in Arkansas which are subject to Arkansas income tax or which have to report income for purposes of Arkansas income tax. Amended by Act 2021, No. 1019,§ 3, eff. for tax years beginning on or after January 1, 2021. Amended by Act 2019, No. 315,§ 2966, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3726, eff. 7/1/2019. Acts 1943, No. 162, §§ 1, 2; 1953, No. 320, § 1; 1961, No. 411, § 1; 1969, No. 75, § 1; A.S.A. 1947, §§ 84-2017, 84-2018, 84-2018.1; Acts 1989, No. 826, § 6; 1993, No. 721, § 1; 1993, No. 785, § 13.

(a) (1) (A) For the purpose of ascertaining the income tax due by an individual resident of Arkansas whose gross income includes income derived from property located outside the State of Arkansas, or from business transacted outside the State of Arkansas, the tax shall first be computed as if all of the income of the resident were derived from sources within the State of Arkansas, but a credit shall then be given on the tax as so computed, for the amount of income tax actually owed by the resident for the year to any other state or territory on account of income from property owned or business transacted in the other state or territory. However, credit shall not exceed what the tax would be on the outside income, if added to the Arkansas income, and calculated at Arkansas income tax rates. (B) Income from property located or business transacted in another state or territory does not include work performed in this state as provided in § 26-51-202(c) . (2) (A) For purposes of subdivision (a)(1) of this section, the amount of income tax owed to any other state or territory by a resident shareholder of an S corporation shall be considered to include an amount equal to the shareholder's pro rata share of any net income tax owed by the S corporation to a state which does not recognize S corporations. (B) As used in subdivision (a)(2)(A) of this section, "net income tax" means any tax imposed on or measured by a corporation's net income.

(1) (A) For the purpose of ascertaining the income tax due by an individual resident of Arkansas whose gross income includes income derived from property located outside the State of Arkansas, or from business transacted outside the State of Arkansas, the tax shall first be computed as if all of the income of the resident were derived from sources within the State of Arkansas, but a credit shall then be given on the tax as so computed, for the amount of income tax actually owed by the resident for the year to any other state or territory on account of income from property owned or business transacted in the other state or territory. However, credit shall not exceed what the tax would be on the outside income, if added to the Arkansas income, and calculated at Arkansas income tax rates. (B) Income from property located or business transacted in another state or territory does not include work performed in this state as provided in § 26-51-202(c) .

(A) For the purpose of ascertaining the income tax due by an individual resident of Arkansas whose gross income includes income derived from property located outside the State of Arkansas, or from business transacted outside the State of Arkansas, the tax shall first be computed as if all of the income of the resident were derived from sources within the State of Arkansas, but a credit shall then be given on the tax as so computed, for the amount of income tax actually owed by the resident for the year to any other state or territory on account of income from property owned or business transacted in the other state or territory. However, credit shall not exceed what the tax would be on the outside income, if added to the Arkansas income, and calculated at Arkansas income tax rates.

(B) Income from property located or business transacted in another state or territory does not include work performed in this state as provided in § 26-51-202(c) .

(2) (A) For purposes of subdivision (a)(1) of this section, the amount of income tax owed to any other state or territory by a resident shareholder of an S corporation shall be considered to include an amount equal to the shareholder's pro rata share of any net income tax owed by the S corporation to a state which does not recognize S corporations. (B) As used in subdivision (a)(2)(A) of this section, "net income tax" means any tax imposed on or measured by a corporation's net income.

(A) For purposes of subdivision (a)(1) of this section, the amount of income tax owed to any other state or territory by a resident shareholder of an S corporation shall be considered to include an amount equal to the shareholder's pro rata share of any net income tax owed by the S corporation to a state which does not recognize S corporations.

(B) As used in subdivision (a)(2)(A) of this section, "net income tax" means any tax imposed on or measured by a corporation's net income.

(b) Before a resident of Arkansas may claim the credit allowed under this section, he or she shall file with his or her income tax return any such additional information as the Director of the State Income Tax Division or the Secretary of the Department of Finance and Administration may by rule require showing in detail the amount of gross and net income derived from property owned or business transacted without this state, together with the amount of tax actually owed on the income to another state or territory.

(c) The credit against Arkansas income tax afforded individual residents of Arkansas under this section shall also be available to fiduciaries and partnerships residing or domiciled in Arkansas which are subject to Arkansas income tax or which have to report income for purposes of Arkansas income tax.

Amended by Act 2021, No. 1019,§ 3, eff. for tax years beginning on or after January 1, 2021.

Amended by Act 2019, No. 315,§ 2966, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3726, eff. 7/1/2019.

Acts 1943, No. 162, §§ 1, 2; 1953, No. 320, § 1; 1961, No. 411, § 1; 1969, No. 75, § 1; A.S.A. 1947, §§ 84-2017, 84-2018, 84-2018.1; Acts 1989, No. 826, § 6; 1993, No. 721, § 1; 1993, No. 785, § 13.
Ark. Code Ann. § 26-56-707 — AR Code / Title 26 / Chapter 56 / Subchapter 7 / Section 26-56-707
Construction
Status: in_force

Nothing in this subchapter shall be construed as an impairment of the obligation existing between the State of Arkansas and the holders of Arkansas state highway bonds, whether the bonds have already been issued or may be issued in the future. Acts 2001, No. 419, § 7.

Nothing in this subchapter shall be construed as an impairment of the obligation existing between the State of Arkansas and the holders of Arkansas state highway bonds, whether the bonds have already been issued or may be issued in the future.

Acts 2001, No. 419, § 7.
Ark. Code Ann. § 26-51-312 — AR Code / Title 26 / Chapter 51 / Subchapter 3 / Section 26-51-312
Qualified windmill blade and windmill component manufacturing exemption
Status: in_force

(a) A qualified windmill blade or windmill component manufacturer that meets the criteria under this section is eligible for a limited exemption from the income taxes levied under the Income Tax Act of 1929, § 26-51-101 et seq. (b) To qualify for a limited exemption under this section from income taxes, a windmill blade or windmill component manufacturer shall: (1) Be classified in the North American Industrial Classification System (NAICS) Code 333611 as in effect January 1, 2009; (2) Locate in the state after January 1, 2008; and (3) Sign a financial incentive agreement with the Arkansas Economic Development Commission after January 1, 2008. (c) The limited income tax exemption allowed under this section is calculated based on the formula in subsection (d) of this section that comprises the following variables: (1) Investment; (2) Job creation; (3) Tier status; and (4) Wages. (d) The number of years that a limited income tax exemption is granted to a qualified windmill blade or windmill component manufacturer is calculated as follows: (1) Divide the proposed number of jobs to be created by one thousand (1,000); (2) (A) Multiply the number calculated under subdivision (d)(1) of this section by thirty-five hundredths (0.35). (B) The number calculated under subdivision (d)(2)(A) of this section is the weighting factor for job creation under subdivision (c)(2) of this section; (3) Divide the proposed hourly wage by the lesser of the state or county average wage; (4) (A) Multiply the number calculated under subdivision (d)(3) of this section by thirty-five hundredths (0.35). (B) The number calculated under subdivision (d)(4)(A) of this section is the weighting factor for wages under subdivision (c)(4) of this section; (5) Divide the proposed investment amount by one hundred fifty million dollars ($150,000,000); (6) (A) Multiply the number calculated under subdivision (d)(5) of this section by twenty hundredths (0.20). (B) The number calculated under subdivision (d)(6)(A) of this section is the weighting factor for investment under subdivision (c)(1) of this section; (7) Divide the tier number of the county in which the business locates by four (4); (8) (A) Multiply the number calculated under subdivision (d)(7) of this section by ten hundredths (0.10). (B) The number calculated under subdivision (d)(8)(A) of this section is the weighting factor for tier status that is associated with location under subdivision (c)(3) of this section; (9) Take the sum of the numbers in subdivisions (d)(2)(A), (d)(4)(A), (d)(6)(A), and (d)(8)(A) of this section and multiply the sum by twenty-five (25); and (10) The number calculated in subdivision (d)(9) of this section is the number of years of income tax exemption granted to the qualified windmill blade or windmill component manufacturer. (e) If a qualified windmill blade or windmill component manufacturer that signs a financial incentive agreement with the commission after January 1, 2008, has employed a minimum of one thousand (1,000) persons during the last year of the income tax exemption provided for in the initial signed financial incentive agreement with the commission, then additional years of income tax exemption may be authorized by the commission. (f) An income tax exemption allowed by this section shall not exceed twenty-five (25) years from the year that the exemption is first granted. Acts 2009, No. 736, § 2.

(a) A qualified windmill blade or windmill component manufacturer that meets the criteria under this section is eligible for a limited exemption from the income taxes levied under the Income Tax Act of 1929, § 26-51-101 et seq.

(b) To qualify for a limited exemption under this section from income taxes, a windmill blade or windmill component manufacturer shall: (1) Be classified in the North American Industrial Classification System (NAICS) Code 333611 as in effect January 1, 2009; (2) Locate in the state after January 1, 2008; and (3) Sign a financial incentive agreement with the Arkansas Economic Development Commission after January 1, 2008.

(1) Be classified in the North American Industrial Classification System (NAICS) Code 333611 as in effect January 1, 2009;

(2) Locate in the state after January 1, 2008; and

(3) Sign a financial incentive agreement with the Arkansas Economic Development Commission after January 1, 2008.

(c) The limited income tax exemption allowed under this section is calculated based on the formula in subsection (d) of this section that comprises the following variables: (1) Investment; (2) Job creation; (3) Tier status; and (4) Wages.

(1) Investment;

(2) Job creation;

(3) Tier status; and

(4) Wages.

(d) The number of years that a limited income tax exemption is granted to a qualified windmill blade or windmill component manufacturer is calculated as follows: (1) Divide the proposed number of jobs to be created by one thousand (1,000); (2) (A) Multiply the number calculated under subdivision (d)(1) of this section by thirty-five hundredths (0.35). (B) The number calculated under subdivision (d)(2)(A) of this section is the weighting factor for job creation under subdivision (c)(2) of this section; (3) Divide the proposed hourly wage by the lesser of the state or county average wage; (4) (A) Multiply the number calculated under subdivision (d)(3) of this section by thirty-five hundredths (0.35). (B) The number calculated under subdivision (d)(4)(A) of this section is the weighting factor for wages under subdivision (c)(4) of this section; (5) Divide the proposed investment amount by one hundred fifty million dollars ($150,000,000); (6) (A) Multiply the number calculated under subdivision (d)(5) of this section by twenty hundredths (0.20). (B) The number calculated under subdivision (d)(6)(A) of this section is the weighting factor for investment under subdivision (c)(1) of this section; (7) Divide the tier number of the county in which the business locates by four (4); (8) (A) Multiply the number calculated under subdivision (d)(7) of this section by ten hundredths (0.10). (B) The number calculated under subdivision (d)(8)(A) of this section is the weighting factor for tier status that is associated with location under subdivision (c)(3) of this section; (9) Take the sum of the numbers in subdivisions (d)(2)(A), (d)(4)(A), (d)(6)(A), and (d)(8)(A) of this section and multiply the sum by twenty-five (25); and (10) The number calculated in subdivision (d)(9) of this section is the number of years of income tax exemption granted to the qualified windmill blade or windmill component manufacturer.

(1) Divide the proposed number of jobs to be created by one thousand (1,000);

(2) (A) Multiply the number calculated under subdivision (d)(1) of this section by thirty-five hundredths (0.35). (B) The number calculated under subdivision (d)(2)(A) of this section is the weighting factor for job creation under subdivision (c)(2) of this section;

(A) Multiply the number calculated under subdivision (d)(1) of this section by thirty-five hundredths (0.35).

(B) The number calculated under subdivision (d)(2)(A) of this section is the weighting factor for job creation under subdivision (c)(2) of this section;

(3) Divide the proposed hourly wage by the lesser of the state or county average wage;

(4) (A) Multiply the number calculated under subdivision (d)(3) of this section by thirty-five hundredths (0.35). (B) The number calculated under subdivision (d)(4)(A) of this section is the weighting factor for wages under subdivision (c)(4) of this section;

(A) Multiply the number calculated under subdivision (d)(3) of this section by thirty-five hundredths (0.35).

(B) The number calculated under subdivision (d)(4)(A) of this section is the weighting factor for wages under subdivision (c)(4) of this section;

(5) Divide the proposed investment amount by one hundred fifty million dollars ($150,000,000);

(6) (A) Multiply the number calculated under subdivision (d)(5) of this section by twenty hundredths (0.20). (B) The number calculated under subdivision (d)(6)(A) of this section is the weighting factor for investment under subdivision (c)(1) of this section;

(A) Multiply the number calculated under subdivision (d)(5) of this section by twenty hundredths (0.20).

(B) The number calculated under subdivision (d)(6)(A) of this section is the weighting factor for investment under subdivision (c)(1) of this section;

(7) Divide the tier number of the county in which the business locates by four (4);

(8) (A) Multiply the number calculated under subdivision (d)(7) of this section by ten hundredths (0.10). (B) The number calculated under subdivision (d)(8)(A) of this section is the weighting factor for tier status that is associated with location under subdivision (c)(3) of this section;

(A) Multiply the number calculated under subdivision (d)(7) of this section by ten hundredths (0.10).

(B) The number calculated under subdivision (d)(8)(A) of this section is the weighting factor for tier status that is associated with location under subdivision (c)(3) of this section;

(9) Take the sum of the numbers in subdivisions (d)(2)(A), (d)(4)(A), (d)(6)(A), and (d)(8)(A) of this section and multiply the sum by twenty-five (25); and

(10) The number calculated in subdivision (d)(9) of this section is the number of years of income tax exemption granted to the qualified windmill blade or windmill component manufacturer.

(e) If a qualified windmill blade or windmill component manufacturer that signs a financial incentive agreement with the commission after January 1, 2008, has employed a minimum of one thousand (1,000) persons during the last year of the income tax exemption provided for in the initial signed financial incentive agreement with the commission, then additional years of income tax exemption may be authorized by the commission.

(f) An income tax exemption allowed by this section shall not exceed twenty-five (25) years from the year that the exemption is first granted.

Acts 2009, No. 736, § 2.
Ark. Code Ann. § 26-51-918 — AR Code / Title 26 / Chapter 51 / Subchapter 9 / Section 26-51-918
Withholding - Deferred income
Status: in_force

(a) (1) Title 26 U.S.C. § 3405 , as in effect on January 1, 2005, regarding withholding from deferred income, is adopted as modified by subdivision (a)(2) of this section. (2) For the purposes of Arkansas withholding tax under this section: (A) The amount of withholding required under 26 U.S.C § 3405(b)(1) shall be three percent (3%); and (B) The amount of withholding required under 26 U.S.C. § 3405(c)(1)(B) shall be five percent (5%). (b) This section shall apply only when the payee is an Arkansas resident. Acts 2005, No. 1309, § 1.

(a) (1) Title 26 U.S.C. § 3405 , as in effect on January 1, 2005, regarding withholding from deferred income, is adopted as modified by subdivision (a)(2) of this section. (2) For the purposes of Arkansas withholding tax under this section: (A) The amount of withholding required under 26 U.S.C § 3405(b)(1) shall be three percent (3%); and (B) The amount of withholding required under 26 U.S.C. § 3405(c)(1)(B) shall be five percent (5%).

(1) Title 26 U.S.C. § 3405 , as in effect on January 1, 2005, regarding withholding from deferred income, is adopted as modified by subdivision (a)(2) of this section.

(2) For the purposes of Arkansas withholding tax under this section: (A) The amount of withholding required under 26 U.S.C § 3405(b)(1) shall be three percent (3%); and (B) The amount of withholding required under 26 U.S.C. § 3405(c)(1)(B) shall be five percent (5%).

(A) The amount of withholding required under 26 U.S.C § 3405(b)(1) shall be three percent (3%); and

(B) The amount of withholding required under 26 U.S.C. § 3405(c)(1)(B) shall be five percent (5%).

(b) This section shall apply only when the payee is an Arkansas resident.

Acts 2005, No. 1309, § 1.
Ark. Code Ann. § 26-18-703 — AR Code / Title 26 / Chapter 18 / Subchapter 7 / Section 26-18-703
Appointment of receivers
Status: in_force

At the request of the Secretary of the Department of Finance and Administration, the court shall appoint a receiver to manage the property of the taxpayer upon a proper showing by the secretary that the claim of the state of any state tax is in danger of being lost or rendered uncollectible because of mismanagement, dissipation, or concealment of the property by the taxpayer. Acts 1979, No. 401, § 28; A.S.A. 1947, § 84-4728.

At the request of the Secretary of the Department of Finance and Administration, the court shall appoint a receiver to manage the property of the taxpayer upon a proper showing by the secretary that the claim of the state of any state tax is in danger of being lost or rendered uncollectible because of mismanagement, dissipation, or concealment of the property by the taxpayer.

Acts 1979, No. 401, § 28; A.S.A. 1947, § 84-4728.
Ark. Code Ann. § 26-53-129 — AR Code / Title 26 / Chapter 53 / Subchapter 1 / Section 26-53-129
Suits for violations of subchapter - Agent for service
Status: in_force

(a) In all suits brought in any of the courts of this state by the Secretary of the Department of Finance and Administration against any vendor for any violation of this subchapter, the suits shall be brought thereon in any courts of this state having jurisdiction of the subject matter. (b) (1) Every vendor shall designate with the Secretary of the Department of Finance and Administration an agent for service within this state for the purpose of enforcing this subchapter. (2) If a vendor has not designated or shall fail to designate with the Secretary of the Department of Finance and Administration an agent for service within this state, then the Secretary of State shall be deemed the agent for service, or any agent or employee of the vendor within this state shall be deemed agent for service. Amended by Act 2019, No. 910,§ 3913, eff. 7/1/2019. Acts 1949, No. 487, § 11; A.S.A. 1947, § 84-3111.

(a) In all suits brought in any of the courts of this state by the Secretary of the Department of Finance and Administration against any vendor for any violation of this subchapter, the suits shall be brought thereon in any courts of this state having jurisdiction of the subject matter.

(b) (1) Every vendor shall designate with the Secretary of the Department of Finance and Administration an agent for service within this state for the purpose of enforcing this subchapter. (2) If a vendor has not designated or shall fail to designate with the Secretary of the Department of Finance and Administration an agent for service within this state, then the Secretary of State shall be deemed the agent for service, or any agent or employee of the vendor within this state shall be deemed agent for service.

(1) Every vendor shall designate with the Secretary of the Department of Finance and Administration an agent for service within this state for the purpose of enforcing this subchapter.

(2) If a vendor has not designated or shall fail to designate with the Secretary of the Department of Finance and Administration an agent for service within this state, then the Secretary of State shall be deemed the agent for service, or any agent or employee of the vendor within this state shall be deemed agent for service.

Amended by Act 2019, No. 910,§ 3913, eff. 7/1/2019.

Acts 1949, No. 487, § 11; A.S.A. 1947, § 84-3111.
Ark. Code Ann. § 26-18-314 — AR Code / Title 26 / Chapter 18 / Subchapter 3 / Section 26-18-314
Transparency
Status: in_force

(a) (1) A written legal opinion issued by the Secretary of the Department of Finance and Administration on or after January 1, 2016, shall be posted on the Arkansas.gov website. (2) Any identifying facts and information that the secretary determines to be confidential in nature concerning taxpayers or other individuals or entities shall be redacted from an opinion posted under this section. (3) The secretary may post a synopsis that describes the subject matter, facts, and guidance provided in an opinion instead of posting the complete redacted opinion if a copy of the redacted opinion is made available upon request. (b) (1) A final determination of a hearing officer or the secretary issued under § 26-18-405 on or after January 1, 2016, shall be posted on the Arkansas.gov website. (2) Any identifying facts and information that the secretary determines to be confidential in nature concerning taxpayers or other individuals or entities shall be redacted from a final determination posted under this section. (3) The secretary may post a synopsis that fully describes the subject matter, facts, and conclusions reached by the hearing officer or secretary instead of posting the complete determination. (4) An administrative appeal that is settled or withdrawn from consideration before a final determination is made shall not be posted under this section. (c) (1) A final decision of the Tax Appeals Commission under the Independent Tax Appeals Commission Act, § 26-18-1101 et seq., shall be posted on the Arkansas.gov website. (2) Any identifying facts and information that the commission determines to be confidential in nature concerning taxpayers or other individuals or entities shall be redacted from a final decision posted under this section. (3) The commission may post a synopsis that fully describes the subject matter, facts, and conclusions reached by the commission instead of posting the complete decision. (4) An administrative appeal that is settled or withdrawn from consideration before a final decision is made by the commission shall not be posted under this section. Amended by Act 2021, No. 593,§ 7, eff. 1/1/2023. Added by Act 2015, No. 896,§ 4, eff. 10/1/2015.

(a) (1) A written legal opinion issued by the Secretary of the Department of Finance and Administration on or after January 1, 2016, shall be posted on the Arkansas.gov website. (2) Any identifying facts and information that the secretary determines to be confidential in nature concerning taxpayers or other individuals or entities shall be redacted from an opinion posted under this section. (3) The secretary may post a synopsis that describes the subject matter, facts, and guidance provided in an opinion instead of posting the complete redacted opinion if a copy of the redacted opinion is made available upon request.

(1) A written legal opinion issued by the Secretary of the Department of Finance and Administration on or after January 1, 2016, shall be posted on the Arkansas.gov website.

(2) Any identifying facts and information that the secretary determines to be confidential in nature concerning taxpayers or other individuals or entities shall be redacted from an opinion posted under this section.

(3) The secretary may post a synopsis that describes the subject matter, facts, and guidance provided in an opinion instead of posting the complete redacted opinion if a copy of the redacted opinion is made available upon request.

(b) (1) A final determination of a hearing officer or the secretary issued under § 26-18-405 on or after January 1, 2016, shall be posted on the Arkansas.gov website. (2) Any identifying facts and information that the secretary determines to be confidential in nature concerning taxpayers or other individuals or entities shall be redacted from a final determination posted under this section. (3) The secretary may post a synopsis that fully describes the subject matter, facts, and conclusions reached by the hearing officer or secretary instead of posting the complete determination. (4) An administrative appeal that is settled or withdrawn from consideration before a final determination is made shall not be posted under this section.

(1) A final determination of a hearing officer or the secretary issued under § 26-18-405 on or after January 1, 2016, shall be posted on the Arkansas.gov website.

(2) Any identifying facts and information that the secretary determines to be confidential in nature concerning taxpayers or other individuals or entities shall be redacted from a final determination posted under this section.

(3) The secretary may post a synopsis that fully describes the subject matter, facts, and conclusions reached by the hearing officer or secretary instead of posting the complete determination.

(4) An administrative appeal that is settled or withdrawn from consideration before a final determination is made shall not be posted under this section.

(c) (1) A final decision of the Tax Appeals Commission under the Independent Tax Appeals Commission Act, § 26-18-1101 et seq., shall be posted on the Arkansas.gov website. (2) Any identifying facts and information that the commission determines to be confidential in nature concerning taxpayers or other individuals or entities shall be redacted from a final decision posted under this section. (3) The commission may post a synopsis that fully describes the subject matter, facts, and conclusions reached by the commission instead of posting the complete decision. (4) An administrative appeal that is settled or withdrawn from consideration before a final decision is made by the commission shall not be posted under this section.

(1) A final decision of the Tax Appeals Commission under the Independent Tax Appeals Commission Act, § 26-18-1101 et seq., shall be posted on the Arkansas.gov website.

(2) Any identifying facts and information that the commission determines to be confidential in nature concerning taxpayers or other individuals or entities shall be redacted from a final decision posted under this section.

(3) The commission may post a synopsis that fully describes the subject matter, facts, and conclusions reached by the commission instead of posting the complete decision.

(4) An administrative appeal that is settled or withdrawn from consideration before a final decision is made by the commission shall not be posted under this section.

Amended by Act 2021, No. 593,§ 7, eff. 1/1/2023.

Added by Act 2015, No. 896,§ 4, eff. 10/1/2015.
Ark. Code Ann. § 26-51-412 — AR Code / Title 26 / Chapter 51 / Subchapter 4 / Section 26-51-412
Gain or loss - Exchange of property
Status: in_force

(a) (1) For the purpose of determining gain or loss, when property is exchanged for other property the property received in exchange shall be treated as the equivalent of cash to the amount of its fair market value if a market exists in which all the property so received can be disposed of at the time of exchange for a reasonable, certain, and definite price in cash. (2) Otherwise, such exchange shall be considered as a conversion of assets from one (1) form to another, from which no gain or loss shall be deemed to arise. (b) In the case of the organization of a corporation, the stock received shall be considered to take the place of property transferred for the stock, and no gain or loss shall be deemed to arise from the stock received. (c) When, in connection with the reorganization, merger, or consolidation of a corporation, a taxpayer receives, in place of stock or securities owned by him or her, new stock or securities, then the basis of computing the gain or loss, if there is any, in a case where the stock or securities owned were acquired before January 1, 1928, shall be the fair market price or value thereof as of that date if such price or value exceeds the original cost, and in all other cases the cost thereof, under rules to be promulgated by the Secretary of the Department of Finance and Administration. (d) Title 26 U.S.C. §§ 351 , 354 - 358 , 361 , 362 , 367 , and 368 , as in effect on January 1, 2019, regarding corporate organization, reorganization, and recognition of gain, are adopted for the purpose of computing Arkansas income tax liability. Amended by Act 2019, No. 315,§ 2963, eff. 7/24/2019. Amended by Act 2019, No. 870,§ 4, eff. for tax years beginning on or after 1/1/2019. Amended by Act 2017, No. 155,§ 17, eff. for tax years beginning on and after 1/1/2015. Acts 1929, No. 118, Art. 3, § 11; Pope's Dig., § 14034; A.S.A. 1947, § 84-2014; Acts 1991, No. 687, § 1; 1999, No. 1126, § 26; 2001, No. 773, § 5; 2007, No. 218, § 19; 2009, No. 372, § 11.

(a) (1) For the purpose of determining gain or loss, when property is exchanged for other property the property received in exchange shall be treated as the equivalent of cash to the amount of its fair market value if a market exists in which all the property so received can be disposed of at the time of exchange for a reasonable, certain, and definite price in cash. (2) Otherwise, such exchange shall be considered as a conversion of assets from one (1) form to another, from which no gain or loss shall be deemed to arise.

(1) For the purpose of determining gain or loss, when property is exchanged for other property the property received in exchange shall be treated as the equivalent of cash to the amount of its fair market value if a market exists in which all the property so received can be disposed of at the time of exchange for a reasonable, certain, and definite price in cash.

(2) Otherwise, such exchange shall be considered as a conversion of assets from one (1) form to another, from which no gain or loss shall be deemed to arise.

(b) In the case of the organization of a corporation, the stock received shall be considered to take the place of property transferred for the stock, and no gain or loss shall be deemed to arise from the stock received.

(c) When, in connection with the reorganization, merger, or consolidation of a corporation, a taxpayer receives, in place of stock or securities owned by him or her, new stock or securities, then the basis of computing the gain or loss, if there is any, in a case where the stock or securities owned were acquired before January 1, 1928, shall be the fair market price or value thereof as of that date if such price or value exceeds the original cost, and in all other cases the cost thereof, under rules to be promulgated by the Secretary of the Department of Finance and Administration.

(d) Title 26 U.S.C. §§ 351 , 354 - 358 , 361 , 362 , 367 , and 368 , as in effect on January 1, 2019, regarding corporate organization, reorganization, and recognition of gain, are adopted for the purpose of computing Arkansas income tax liability.

Amended by Act 2019, No. 315,§ 2963, eff. 7/24/2019.

Amended by Act 2019, No. 870,§ 4, eff. for tax years beginning on or after 1/1/2019.

Amended by Act 2017, No. 155,§ 17, eff. for tax years beginning on and after 1/1/2015.

Acts 1929, No. 118, Art. 3, § 11; Pope's Dig., § 14034; A.S.A. 1947, § 84-2014; Acts 1991, No. 687, § 1; 1999, No. 1126, § 26; 2001, No. 773, § 5; 2007, No. 218, § 19; 2009, No. 372, § 11.
Ark. Code Ann. § 26-65-104 — AR Code / Title 26 / Chapter 65 / Section 26-65-104
Liability for tax
Status: in_force

(a) Except as otherwise provided in this section, an affected business entity is liable for the tax imposed under this chapter. (b) If an affected business entity fails to pay the full amount of tax due under this chapter, the Secretary of the Department of Finance and Administration, in addition to assessing the affected business entity for the tax liability, may assess the individual members of the affected business entity based on the member's pro rata share of the income as determined by the member's pro rata interest. Added by Act 2021, No. 362,§ 2, eff. for tax years beginning on or after 1/1/2022..

(a) Except as otherwise provided in this section, an affected business entity is liable for the tax imposed under this chapter.

(b) If an affected business entity fails to pay the full amount of tax due under this chapter, the Secretary of the Department of Finance and Administration, in addition to assessing the affected business entity for the tax liability, may assess the individual members of the affected business entity based on the member's pro rata share of the income as determined by the member's pro rata interest.

Added by Act 2021, No. 362,§ 2, eff. for tax years beginning on or after 1/1/2022..
Ark. Code Ann. § 26-52-408 — AR Code / Title 26 / Chapter 52 / Subchapter 4 / Section 26-52-408
Certain bagging, packaging, or tying materials - Definitions
Status: in_force

The gross receipts or gross proceeds derived from the sale of the following are exempt from the gross receipts tax levied by this chapter, and the compensating use tax levied by the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.: (1) Bagging and other packaging and tie materials sold to and used by cotton gins in Arkansas for packaging or tying baled cotton; (2) Twine that is used in the production of tomato crops; and (3) (A) Expendable supplies for farm machinery that are used for baling, packaging, tying, wrapping, or sealing animal feed products. (B) As used in this subdivision (3): (i) "Animal feed products" means hay, straw, grass, fodder, silage, and similar products; (ii) (a) "Expendable supplies for farm machinery" means supplies that are: (1) Used for baling, packaging, tying, wrapping, or sealing animal feed products; and (2) Consumed during use or disposed of after use. (b) "Expendable supplies for farm machinery" includes without limitation baling twine, net wrap, silage wrap, and cotton wrap. (c) "Expendable supplies for farm machinery" does not include supplies and parts used for maintenance, repair, or replacement purposes; (iii) (a) "Farm machinery" means implements used exclusively and directly in farming. (b) "Farm machinery" includes without limitation implements used to harvest crops produced in farming by others. (c) "Farm machinery" does not include implements used in the production and severance of timber, motor vehicles of a type subject to registration, airplanes, or hand tools; and (iv) "Farming" means the agricultural production of food or fiber as a business. Amended by Act 2013, No. 1392,§ 1, eff. 10/1/2013. Acts 1975, No. 759, § 1; A.S.A. 1947, § 84-1904.1.

The gross receipts or gross proceeds derived from the sale of the following are exempt from the gross receipts tax levied by this chapter, and the compensating use tax levied by the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.:

(1) Bagging and other packaging and tie materials sold to and used by cotton gins in Arkansas for packaging or tying baled cotton;

(2) Twine that is used in the production of tomato crops; and

(3) (A) Expendable supplies for farm machinery that are used for baling, packaging, tying, wrapping, or sealing animal feed products. (B) As used in this subdivision (3): (i) "Animal feed products" means hay, straw, grass, fodder, silage, and similar products; (ii) (a) "Expendable supplies for farm machinery" means supplies that are: (1) Used for baling, packaging, tying, wrapping, or sealing animal feed products; and (2) Consumed during use or disposed of after use. (b) "Expendable supplies for farm machinery" includes without limitation baling twine, net wrap, silage wrap, and cotton wrap. (c) "Expendable supplies for farm machinery" does not include supplies and parts used for maintenance, repair, or replacement purposes; (iii) (a) "Farm machinery" means implements used exclusively and directly in farming. (b) "Farm machinery" includes without limitation implements used to harvest crops produced in farming by others. (c) "Farm machinery" does not include implements used in the production and severance of timber, motor vehicles of a type subject to registration, airplanes, or hand tools; and (iv) "Farming" means the agricultural production of food or fiber as a business.

(A) Expendable supplies for farm machinery that are used for baling, packaging, tying, wrapping, or sealing animal feed products.

(B) As used in this subdivision (3): (i) "Animal feed products" means hay, straw, grass, fodder, silage, and similar products; (ii) (a) "Expendable supplies for farm machinery" means supplies that are: (1) Used for baling, packaging, tying, wrapping, or sealing animal feed products; and (2) Consumed during use or disposed of after use. (b) "Expendable supplies for farm machinery" includes without limitation baling twine, net wrap, silage wrap, and cotton wrap. (c) "Expendable supplies for farm machinery" does not include supplies and parts used for maintenance, repair, or replacement purposes; (iii) (a) "Farm machinery" means implements used exclusively and directly in farming. (b) "Farm machinery" includes without limitation implements used to harvest crops produced in farming by others. (c) "Farm machinery" does not include implements used in the production and severance of timber, motor vehicles of a type subject to registration, airplanes, or hand tools; and (iv) "Farming" means the agricultural production of food or fiber as a business.

(i) "Animal feed products" means hay, straw, grass, fodder, silage, and similar products;

(ii) (a) "Expendable supplies for farm machinery" means supplies that are: (1) Used for baling, packaging, tying, wrapping, or sealing animal feed products; and (2) Consumed during use or disposed of after use. (b) "Expendable supplies for farm machinery" includes without limitation baling twine, net wrap, silage wrap, and cotton wrap. (c) "Expendable supplies for farm machinery" does not include supplies and parts used for maintenance, repair, or replacement purposes;

(a) "Expendable supplies for farm machinery" means supplies that are: (1) Used for baling, packaging, tying, wrapping, or sealing animal feed products; and (2) Consumed during use or disposed of after use.

(1) Used for baling, packaging, tying, wrapping, or sealing animal feed products; and

(2) Consumed during use or disposed of after use.

(b) "Expendable supplies for farm machinery" includes without limitation baling twine, net wrap, silage wrap, and cotton wrap.

(c) "Expendable supplies for farm machinery" does not include supplies and parts used for maintenance, repair, or replacement purposes;

(iii) (a) "Farm machinery" means implements used exclusively and directly in farming. (b) "Farm machinery" includes without limitation implements used to harvest crops produced in farming by others. (c) "Farm machinery" does not include implements used in the production and severance of timber, motor vehicles of a type subject to registration, airplanes, or hand tools; and

(a) "Farm machinery" means implements used exclusively and directly in farming.

(b) "Farm machinery" includes without limitation implements used to harvest crops produced in farming by others.

(c) "Farm machinery" does not include implements used in the production and severance of timber, motor vehicles of a type subject to registration, airplanes, or hand tools; and

(iv) "Farming" means the agricultural production of food or fiber as a business.

Amended by Act 2013, No. 1392,§ 1, eff. 10/1/2013.

Acts 1975, No. 759, § 1; A.S.A. 1947, § 84-1904.1.
Ark. Code Ann. § 26-50-102 — AR Code / Title 26 / Chapter 50 / Section 26-50-102
Wholesaler to furnish list of retailers
Status: in_force

(a) (1) It shall be the duty of all persons, firms, and corporations, and all business establishments of every kind engaged in the wholesale business of selling merchandise in this state to furnish, upon the request in writing of the Secretary of the Department of Finance and Administration of this state, the names of any retailers or other persons to whom sales have been made, together with the amount of the sales for any given period, to be used by the secretary or his or her agents for the purposes of collecting the gross receipts, use, or other tax as may be due this state, but for no other purpose. (2) The information provided for shall be furnished to the secretary within thirty (30) days. (3) The authority given in this subsection is in addition to any and all authority existing by reason of any statute of this state. (b) Any wholesale concern selling merchandise in this state failing and refusing to give the information in writing, as requested by the secretary, is declared to be liable for any and all tax and penalty found to be due by the retailer for such period of time as is determined by the secretary in event the tax is not collectible from the retailer. (c) The provisions of this section shall apply to out-of-state wholesalers, their agents, solicitors, salespersons, or collectors. Any person, firm, corporation, solicitor, salesperson, agent, or collector who fails, neglects, or refuses to give the information so requested, in addition to being liable for tax and penalty found due, shall be guilty of aiding in evasion of the payment of such tax and, upon conviction in any court of this state, shall be fined in any sum not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000) for each offense. Amended by Act 2019, No. 910,§ 3699, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3698, eff. 7/1/2019. Acts 1949, No. 78, §§ 1-3; A.S.A. 1947, §§ 84-1920 -- 84-1922.

(a) (1) It shall be the duty of all persons, firms, and corporations, and all business establishments of every kind engaged in the wholesale business of selling merchandise in this state to furnish, upon the request in writing of the Secretary of the Department of Finance and Administration of this state, the names of any retailers or other persons to whom sales have been made, together with the amount of the sales for any given period, to be used by the secretary or his or her agents for the purposes of collecting the gross receipts, use, or other tax as may be due this state, but for no other purpose. (2) The information provided for shall be furnished to the secretary within thirty (30) days. (3) The authority given in this subsection is in addition to any and all authority existing by reason of any statute of this state.

(1) It shall be the duty of all persons, firms, and corporations, and all business establishments of every kind engaged in the wholesale business of selling merchandise in this state to furnish, upon the request in writing of the Secretary of the Department of Finance and Administration of this state, the names of any retailers or other persons to whom sales have been made, together with the amount of the sales for any given period, to be used by the secretary or his or her agents for the purposes of collecting the gross receipts, use, or other tax as may be due this state, but for no other purpose.

(2) The information provided for shall be furnished to the secretary within thirty (30) days.

(3) The authority given in this subsection is in addition to any and all authority existing by reason of any statute of this state.

(b) Any wholesale concern selling merchandise in this state failing and refusing to give the information in writing, as requested by the secretary, is declared to be liable for any and all tax and penalty found to be due by the retailer for such period of time as is determined by the secretary in event the tax is not collectible from the retailer.

(c) The provisions of this section shall apply to out-of-state wholesalers, their agents, solicitors, salespersons, or collectors. Any person, firm, corporation, solicitor, salesperson, agent, or collector who fails, neglects, or refuses to give the information so requested, in addition to being liable for tax and penalty found due, shall be guilty of aiding in evasion of the payment of such tax and, upon conviction in any court of this state, shall be fined in any sum not less than fifty dollars ($50.00) nor more than one thousand dollars ($1,000) for each offense.

Amended by Act 2019, No. 910,§ 3699, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3698, eff. 7/1/2019.

Acts 1949, No. 78, §§ 1-3; A.S.A. 1947, §§ 84-1920 -- 84-1922.
Ark. Code Ann. § 26-57-607 — AR Code / Title 26 / Chapter 57 / Subchapter 6 / Section 26-57-607
Failure to report and pay tax
Status: in_force

(a) The Insurance Commissioner in his or her discretion may suspend or revoke the certificate of authority of any insurer or health maintenance organization that fails to report and pay the premium tax levied under §§ 26-57-604 and 26-57-605 on the date due or during any reasonable extension of time which may have been expressly granted by the commissioner for good cause upon the insurer's request. (b) In addition, any insurer or health maintenance organization that fails to report or pay the tax when due shall be subject to a penalty of one hundred dollars ($100) for each day of the delinquency. The penalty shall be collected by the commissioner if necessary by a civil suit therefor brought by the commissioner in the Pulaski County Circuit Court, unless the penalty is waived by the commissioner upon a showing by the insurer or organization of good cause for its failure to file its report or tax payment on or before the date due. Acts 1959, No. 148, § 69; 1979, No. 908, § 1; 1981, No. 595, § 1; A.S.A. 1947, § 66-2302; Acts 1989, No. 772, § 22.

(a) The Insurance Commissioner in his or her discretion may suspend or revoke the certificate of authority of any insurer or health maintenance organization that fails to report and pay the premium tax levied under §§ 26-57-604 and 26-57-605 on the date due or during any reasonable extension of time which may have been expressly granted by the commissioner for good cause upon the insurer's request.

(b) In addition, any insurer or health maintenance organization that fails to report or pay the tax when due shall be subject to a penalty of one hundred dollars ($100) for each day of the delinquency. The penalty shall be collected by the commissioner if necessary by a civil suit therefor brought by the commissioner in the Pulaski County Circuit Court, unless the penalty is waived by the commissioner upon a showing by the insurer or organization of good cause for its failure to file its report or tax payment on or before the date due.

Acts 1959, No. 148, § 69; 1979, No. 908, § 1; 1981, No. 595, § 1; A.S.A. 1947, § 66-2302; Acts 1989, No. 772, § 22.
Ark. Code Ann. § 26-51-1310 — AR Code / Title 26 / Chapter 51 / Subchapter 13 / Section 26-51-1310
Withholding return, reporting, and payment - Electronic games of skill
Status: in_force

(a) The holder of a franchise to conduct electronic games of skill in this state shall register to withhold the gaming winnings tax under § 26-51-1309 from winnings from electronic games of skill in the manner prescribed by the Secretary of the Department of Finance and Administration. (b) The withholding account used to report and remit the withholding on wages shall not be used to report withholding on winnings from electronic games of skill. (c) A separate account for withholding on winnings from electronic games of skill shall be obtained from the Revenue Division of the Department of Finance and Administration. (d) Each holder of a franchise to conduct electronic games of skill shall file a monthly return and remit the tax withheld from winnings from electronic games of skill on or before the fifteenth day of the month following the month in which the tax was withheld. (e) The holder of a franchise to conduct electronic games of skill shall keep the following records and information for three (3) years after the date the tax becomes due or is paid, whichever is later: (1) The total gaming winnings paid; (2) The amount of gaming winnings tax withheld and remitted; (3) The name, address, and Social Security number or taxpayer identification number of the party in receipt of gaming winnings; and (4) The name, address, and Arkansas identification number of the holder of a franchise to conduct electronic games of skill. (f) (1) Gaming winnings are not includable as income on the payee's regular Arkansas income tax return. (2) The amount of tax paid or withheld on gaming winnings under § 26-51-1309 shall not be claimed under the Income Tax Act of 1929, § 26-51-101 et seq., on an Arkansas income tax return to: (A) Offset a tax liability; (B) Create a refund; or (C) Generate any other type of credit or offset for income tax purposes. (3) Losses sustained from electronic games of skill wagers are not deductible under the Income Tax Act of 1929, § 26-51-101 et seq., on Arkansas income tax returns. Amended by Act 2019, No. 910,§ 3782, eff. 7/1/2019. Acts 2007, No. 732, § 8.

(a) The holder of a franchise to conduct electronic games of skill in this state shall register to withhold the gaming winnings tax under § 26-51-1309 from winnings from electronic games of skill in the manner prescribed by the Secretary of the Department of Finance and Administration.

(b) The withholding account used to report and remit the withholding on wages shall not be used to report withholding on winnings from electronic games of skill.

(c) A separate account for withholding on winnings from electronic games of skill shall be obtained from the Revenue Division of the Department of Finance and Administration.

(d) Each holder of a franchise to conduct electronic games of skill shall file a monthly return and remit the tax withheld from winnings from electronic games of skill on or before the fifteenth day of the month following the month in which the tax was withheld.

(e) The holder of a franchise to conduct electronic games of skill shall keep the following records and information for three (3) years after the date the tax becomes due or is paid, whichever is later: (1) The total gaming winnings paid; (2) The amount of gaming winnings tax withheld and remitted; (3) The name, address, and Social Security number or taxpayer identification number of the party in receipt of gaming winnings; and (4) The name, address, and Arkansas identification number of the holder of a franchise to conduct electronic games of skill.

(1) The total gaming winnings paid;

(2) The amount of gaming winnings tax withheld and remitted;

(3) The name, address, and Social Security number or taxpayer identification number of the party in receipt of gaming winnings; and

(4) The name, address, and Arkansas identification number of the holder of a franchise to conduct electronic games of skill.

(f) (1) Gaming winnings are not includable as income on the payee's regular Arkansas income tax return. (2) The amount of tax paid or withheld on gaming winnings under § 26-51-1309 shall not be claimed under the Income Tax Act of 1929, § 26-51-101 et seq., on an Arkansas income tax return to: (A) Offset a tax liability; (B) Create a refund; or (C) Generate any other type of credit or offset for income tax purposes. (3) Losses sustained from electronic games of skill wagers are not deductible under the Income Tax Act of 1929, § 26-51-101 et seq., on Arkansas income tax returns.

(1) Gaming winnings are not includable as income on the payee's regular Arkansas income tax return.

(2) The amount of tax paid or withheld on gaming winnings under § 26-51-1309 shall not be claimed under the Income Tax Act of 1929, § 26-51-101 et seq., on an Arkansas income tax return to: (A) Offset a tax liability; (B) Create a refund; or (C) Generate any other type of credit or offset for income tax purposes.

(A) Offset a tax liability;

(B) Create a refund; or

(C) Generate any other type of credit or offset for income tax purposes.

(3) Losses sustained from electronic games of skill wagers are not deductible under the Income Tax Act of 1929, § 26-51-101 et seq., on Arkansas income tax returns.

Amended by Act 2019, No. 910,§ 3782, eff. 7/1/2019.

Acts 2007, No. 732, § 8.
Ark. Code Ann. § 26-59-113 — AR Code / Title 26 / Chapter 59 / Section 26-59-113
Payment - Time limitations - Federal election
Status: in_force

(a) The tax imposed by this chapter shall be due and payable nine (9) months after a decedent's death and shall be paid by the executor to the Secretary of the Department of Finance and Administration. (b) (1) (A) When the secretary finds that the payment on the due date of the tax or any part of the tax would impose undue hardship upon the estate, the secretary may extend the time for any payment of any such part. (B) However, no extension shall be for more than eighteen (18) months, and the aggregate of the extension with respect to any estate shall not exceed five (5) years from the due date, except as provided in subsection (c) of this section. (2) In such case, the amount in respect of which the extension is granted shall be paid on or before the date of the expiration of the period of the extension unless further extension is granted. (c) (1) The provisions of 26 U.S.C. § 6166 , as amended and in effect on January 1, 2002, which provide for an election by the representative of a decedent's estate to pay the federal estate tax due on certain qualifying assets of the estate in deferred installments for a period of up to fifteen (15) years at a two-percent interest rate regarding either the estate original shown due on the estate tax return or as later determined to be due following audit shall be adopted as a state estate tax law. (2) (A) However, the two-percent interest rate shall only apply to the "2-percent portion" as that term is defined in 26 U.S.C. § 6601(j)(2) , as amended and in effect on January 1, 2002. (B) The interest rate on the estate tax exceeding the "2-percent portion" shall be at the rate specified in § 26-18-508 concerning tax deficiencies. (3) Any timely filed election by the representative of the decedent's estate for deferral of the payment of federal estate taxes shall be deemed to also defer the payment of the applicable portion of Arkansas estate tax for the same periods of time for the Arkansas assets qualifying for this special federal election. Amended by Act 2019, No. 910,§ 4284, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4283, eff. 7/1/2019. Acts 1941, No. 136, §§ 24, 25; 1943, No. 142, §§ 1, 2; 1975, No. 472, § 1; A.S.A. 1947, §§ 63-123, 63-124; Acts 1989, No. 910, § 2; 1999, No. 1126, § 11; 2003, No. 645, § 6.

(a) The tax imposed by this chapter shall be due and payable nine (9) months after a decedent's death and shall be paid by the executor to the Secretary of the Department of Finance and Administration.

(b) (1) (A) When the secretary finds that the payment on the due date of the tax or any part of the tax would impose undue hardship upon the estate, the secretary may extend the time for any payment of any such part. (B) However, no extension shall be for more than eighteen (18) months, and the aggregate of the extension with respect to any estate shall not exceed five (5) years from the due date, except as provided in subsection (c) of this section. (2) In such case, the amount in respect of which the extension is granted shall be paid on or before the date of the expiration of the period of the extension unless further extension is granted.

(1) (A) When the secretary finds that the payment on the due date of the tax or any part of the tax would impose undue hardship upon the estate, the secretary may extend the time for any payment of any such part. (B) However, no extension shall be for more than eighteen (18) months, and the aggregate of the extension with respect to any estate shall not exceed five (5) years from the due date, except as provided in subsection (c) of this section.

(A) When the secretary finds that the payment on the due date of the tax or any part of the tax would impose undue hardship upon the estate, the secretary may extend the time for any payment of any such part.

(B) However, no extension shall be for more than eighteen (18) months, and the aggregate of the extension with respect to any estate shall not exceed five (5) years from the due date, except as provided in subsection (c) of this section.

(2) In such case, the amount in respect of which the extension is granted shall be paid on or before the date of the expiration of the period of the extension unless further extension is granted.

(c) (1) The provisions of 26 U.S.C. § 6166 , as amended and in effect on January 1, 2002, which provide for an election by the representative of a decedent's estate to pay the federal estate tax due on certain qualifying assets of the estate in deferred installments for a period of up to fifteen (15) years at a two-percent interest rate regarding either the estate original shown due on the estate tax return or as later determined to be due following audit shall be adopted as a state estate tax law. (2) (A) However, the two-percent interest rate shall only apply to the "2-percent portion" as that term is defined in 26 U.S.C. § 6601(j)(2) , as amended and in effect on January 1, 2002. (B) The interest rate on the estate tax exceeding the "2-percent portion" shall be at the rate specified in § 26-18-508 concerning tax deficiencies. (3) Any timely filed election by the representative of the decedent's estate for deferral of the payment of federal estate taxes shall be deemed to also defer the payment of the applicable portion of Arkansas estate tax for the same periods of time for the Arkansas assets qualifying for this special federal election.

(1) The provisions of 26 U.S.C. § 6166 , as amended and in effect on January 1, 2002, which provide for an election by the representative of a decedent's estate to pay the federal estate tax due on certain qualifying assets of the estate in deferred installments for a period of up to fifteen (15) years at a two-percent interest rate regarding either the estate original shown due on the estate tax return or as later determined to be due following audit shall be adopted as a state estate tax law.

(2) (A) However, the two-percent interest rate shall only apply to the "2-percent portion" as that term is defined in 26 U.S.C. § 6601(j)(2) , as amended and in effect on January 1, 2002. (B) The interest rate on the estate tax exceeding the "2-percent portion" shall be at the rate specified in § 26-18-508 concerning tax deficiencies.

(A) However, the two-percent interest rate shall only apply to the "2-percent portion" as that term is defined in 26 U.S.C. § 6601(j)(2) , as amended and in effect on January 1, 2002.

(B) The interest rate on the estate tax exceeding the "2-percent portion" shall be at the rate specified in § 26-18-508 concerning tax deficiencies.

(3) Any timely filed election by the representative of the decedent's estate for deferral of the payment of federal estate taxes shall be deemed to also defer the payment of the applicable portion of Arkansas estate tax for the same periods of time for the Arkansas assets qualifying for this special federal election.

Amended by Act 2019, No. 910,§ 4284, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4283, eff. 7/1/2019.

Acts 1941, No. 136, §§ 24, 25; 1943, No. 142, §§ 1, 2; 1975, No. 472, § 1; A.S.A. 1947, §§ 63-123, 63-124; Acts 1989, No. 910, § 2; 1999, No. 1126, § 11; 2003, No. 645, § 6.
Ark. Code Ann. § 26-52-440 — AR Code / Title 26 / Chapter 52 / Subchapter 4 / Section 26-52-440
Exemption for qualified museums - Definitions
Status: in_force

(a) As used in this section: (1) "Exemption certificate" means an exemption certificate issued by the Secretary of the Department of Finance and Administration under subdivision (d)(1) of this section; (2) "Nonprofit organization" means any organization described in 26 U.S.C. § 501(c)(3) , as in effect on January 1, 2005; (3) "Qualified museum" means any nonprofit organization that acquires a collection of artwork for purposes of establishing and operating a qualified museum facility, regardless of whether the nonprofit organization may engage in any other charitable activity if the: (A) Fair market value of the artwork collection of the nonprofit organization for public viewing and exhibition at the qualified museum facility exceeds one hundred million dollars ($100,000,000) prior to January 1, 2013; and (B) The secretary has issued an exemption certificate to the nonprofit organization; and (4) "Qualified museum facility" means a facility, including the structures, buildings, and any ancillary or related structures or buildings and real property associated with the facility, including auditoriums, parking areas, and educational facilities that house a collection of artwork or other exhibits for public viewing and exhibition if the: (A) Principal location and primary operations of the facility will be located within the State of Arkansas; (B) Museum portion of the facility opens to the public after January 1, 2005, and prior to January 1, 2013; and (C) Aggregate total costs of the construction and acquisition of the facility exceed thirty million dollars ($30,000,000) prior to January 1, 2013. (b) (1) The gross receipts or gross proceeds derived from the sale of tangible personal property, specified digital products, a digital code, or services to a qualified museum are exempt from this chapter. (2) The exemption provided in subdivision (b)(1) of this section shall also apply to the gross receipts or gross proceeds derived from the sale of materials to a qualified museum or its contractor or agent used in the construction, repair, expansion, or operation of the qualified museum facility. (c) A nonprofit organization requesting recognition as a qualified museum shall file with the secretary on forms prescribed by the secretary a written statement under oath: (1) (A) Describing the facts upon which the nonprofit organization claims the exemption under this section. (B) This statement shall be filed prior to first claiming the exemption under this section and shall include facts indicating that the nonprofit organization has a good faith plan and intent to satisfy the conditions under subdivision (c)(2) of this section; and (2) On or before June 30, 2013, stating that the following conditions have been met: (A) The nonprofit organization has established and operated prior to January 1, 2013, a facility that houses a collection of artwork or other exhibits for public viewing and exhibition; (B) The principal location and primary operations of the facility are within the State of Arkansas; (C) The museum portion of the facility first opened to the public after January 1, 2005, and prior to January 1, 2013; (D) The aggregate total costs of construction and acquisition of the facility, including the structures, buildings, ancillary or related structures or buildings, real property used in connection with the facility, auditoriums, parking areas, and educational facilities exceeded thirty million dollars ($30,000,000) prior to January 1, 2013; and (E) Prior to January 1, 2013, the nonprofit organization acquired a collection of artwork with a fair market value in excess of one hundred million dollars ($100,000,000) for public viewing and exhibition at the qualified museum facility. (d) (1) After filing the statement required under subdivision (c)(1) of this section, if the secretary finds that the nonprofit organization has a good faith plan and intent to satisfy the conditions of subdivision (c)(2) of this section prior to January 1, 2013, the secretary shall issue an exemption certificate to the nonprofit organization within sixty (60) days after the filing of the statement. (2) The secretary may revoke the exemption certificate at any time after it is issued if the secretary determines that the nonprofit organization is unable to satisfy the conditions under subdivision (c)(2) of this section prior to January 1, 2013. (3) After filing the statement required under subdivision (c)(2) of this section, if the secretary determines that the nonprofit organization has not met the conditions under subdivision (c)(2) of this section, the secretary shall revoke the exemption certificate of the nonprofit organization. (4) If the nonprofit organization fails to file the statement described in subdivision (c)(2) of this section on or prior to June 30, 2013, the secretary shall revoke the exemption certificate. (5) Revocation by the secretary of an exemption certificate shall be retroactive to the date of its issuance subject to subsection (e) of this section. (e) (1) If the secretary revokes the exemption certificate, any tax deficiency, related interest, and applicable penalties due under this chapter, the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., or the Arkansas Tax Procedure Act, § 26-18-101 et seq., may be assessed against the nonprofit organization but may not be assessed against a third party that has relied in good faith on the exemption certificate prior to its revocation. (2) If the secretary revokes the exemption certificate, any tax deficiency, related interest, and applicable penalties assessed against the nonprofit organization shall also include any tax deficiency, related interest, and applicable penalties assessed on purchases made by the nonprofit organization's contractors and agents for the benefit of the nonprofit organization in reliance on the exemption certificate. (3) (A) Any assessment by the secretary under subdivision (e)(1) or subdivision (e)(2) of this section shall be made in accordance with the Arkansas Tax Procedure Act, § 26-18-101 et seq. (B) However, the time period for the secretary to make the assessment is extended to whichever of the following occurs first: (i) Three (3) years from the date the nonprofit organization files the statement under subdivision (c)(2) of this section; or (ii) July 1, 2016. (4) The nonprofit organization may contest any assessment or other determination by the secretary in accordance with the Arkansas Tax Procedure Act, § 26-18-101 et seq. Amended by Act 2019, No. 910,§ 3857, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3856, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3855, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3854, eff. 7/1/2019. Amended by Act 2017, No. 141,§ 32, eff. for tax years beginning on and after 1/1/2018. Acts 2005, No. 1865, § 1.

(a) As used in this section: (1) "Exemption certificate" means an exemption certificate issued by the Secretary of the Department of Finance and Administration under subdivision (d)(1) of this section; (2) "Nonprofit organization" means any organization described in 26 U.S.C. § 501(c)(3) , as in effect on January 1, 2005; (3) "Qualified museum" means any nonprofit organization that acquires a collection of artwork for purposes of establishing and operating a qualified museum facility, regardless of whether the nonprofit organization may engage in any other charitable activity if the: (A) Fair market value of the artwork collection of the nonprofit organization for public viewing and exhibition at the qualified museum facility exceeds one hundred million dollars ($100,000,000) prior to January 1, 2013; and (B) The secretary has issued an exemption certificate to the nonprofit organization; and (4) "Qualified museum facility" means a facility, including the structures, buildings, and any ancillary or related structures or buildings and real property associated with the facility, including auditoriums, parking areas, and educational facilities that house a collection of artwork or other exhibits for public viewing and exhibition if the: (A) Principal location and primary operations of the facility will be located within the State of Arkansas; (B) Museum portion of the facility opens to the public after January 1, 2005, and prior to January 1, 2013; and (C) Aggregate total costs of the construction and acquisition of the facility exceed thirty million dollars ($30,000,000) prior to January 1, 2013.

(1) "Exemption certificate" means an exemption certificate issued by the Secretary of the Department of Finance and Administration under subdivision (d)(1) of this section;

(2) "Nonprofit organization" means any organization described in 26 U.S.C. § 501(c)(3) , as in effect on January 1, 2005;

(3) "Qualified museum" means any nonprofit organization that acquires a collection of artwork for purposes of establishing and operating a qualified museum facility, regardless of whether the nonprofit organization may engage in any other charitable activity if the: (A) Fair market value of the artwork collection of the nonprofit organization for public viewing and exhibition at the qualified museum facility exceeds one hundred million dollars ($100,000,000) prior to January 1, 2013; and (B) The secretary has issued an exemption certificate to the nonprofit organization; and

(A) Fair market value of the artwork collection of the nonprofit organization for public viewing and exhibition at the qualified museum facility exceeds one hundred million dollars ($100,000,000) prior to January 1, 2013; and

(B) The secretary has issued an exemption certificate to the nonprofit organization; and

(4) "Qualified museum facility" means a facility, including the structures, buildings, and any ancillary or related structures or buildings and real property associated with the facility, including auditoriums, parking areas, and educational facilities that house a collection of artwork or other exhibits for public viewing and exhibition if the: (A) Principal location and primary operations of the facility will be located within the State of Arkansas; (B) Museum portion of the facility opens to the public after January 1, 2005, and prior to January 1, 2013; and (C) Aggregate total costs of the construction and acquisition of the facility exceed thirty million dollars ($30,000,000) prior to January 1, 2013.

(A) Principal location and primary operations of the facility will be located within the State of Arkansas;

(B) Museum portion of the facility opens to the public after January 1, 2005, and prior to January 1, 2013; and

(C) Aggregate total costs of the construction and acquisition of the facility exceed thirty million dollars ($30,000,000) prior to January 1, 2013.

(b) (1) The gross receipts or gross proceeds derived from the sale of tangible personal property, specified digital products, a digital code, or services to a qualified museum are exempt from this chapter. (2) The exemption provided in subdivision (b)(1) of this section shall also apply to the gross receipts or gross proceeds derived from the sale of materials to a qualified museum or its contractor or agent used in the construction, repair, expansion, or operation of the qualified museum facility.

(1) The gross receipts or gross proceeds derived from the sale of tangible personal property, specified digital products, a digital code, or services to a qualified museum are exempt from this chapter.

(2) The exemption provided in subdivision (b)(1) of this section shall also apply to the gross receipts or gross proceeds derived from the sale of materials to a qualified museum or its contractor or agent used in the construction, repair, expansion, or operation of the qualified museum facility.

(c) A nonprofit organization requesting recognition as a qualified museum shall file with the secretary on forms prescribed by the secretary a written statement under oath: (1) (A) Describing the facts upon which the nonprofit organization claims the exemption under this section. (B) This statement shall be filed prior to first claiming the exemption under this section and shall include facts indicating that the nonprofit organization has a good faith plan and intent to satisfy the conditions under subdivision (c)(2) of this section; and (2) On or before June 30, 2013, stating that the following conditions have been met: (A) The nonprofit organization has established and operated prior to January 1, 2013, a facility that houses a collection of artwork or other exhibits for public viewing and exhibition; (B) The principal location and primary operations of the facility are within the State of Arkansas; (C) The museum portion of the facility first opened to the public after January 1, 2005, and prior to January 1, 2013; (D) The aggregate total costs of construction and acquisition of the facility, including the structures, buildings, ancillary or related structures or buildings, real property used in connection with the facility, auditoriums, parking areas, and educational facilities exceeded thirty million dollars ($30,000,000) prior to January 1, 2013; and (E) Prior to January 1, 2013, the nonprofit organization acquired a collection of artwork with a fair market value in excess of one hundred million dollars ($100,000,000) for public viewing and exhibition at the qualified museum facility.

(1) (A) Describing the facts upon which the nonprofit organization claims the exemption under this section. (B) This statement shall be filed prior to first claiming the exemption under this section and shall include facts indicating that the nonprofit organization has a good faith plan and intent to satisfy the conditions under subdivision (c)(2) of this section; and

(A) Describing the facts upon which the nonprofit organization claims the exemption under this section.

(B) This statement shall be filed prior to first claiming the exemption under this section and shall include facts indicating that the nonprofit organization has a good faith plan and intent to satisfy the conditions under subdivision (c)(2) of this section; and

(2) On or before June 30, 2013, stating that the following conditions have been met: (A) The nonprofit organization has established and operated prior to January 1, 2013, a facility that houses a collection of artwork or other exhibits for public viewing and exhibition; (B) The principal location and primary operations of the facility are within the State of Arkansas; (C) The museum portion of the facility first opened to the public after January 1, 2005, and prior to January 1, 2013; (D) The aggregate total costs of construction and acquisition of the facility, including the structures, buildings, ancillary or related structures or buildings, real property used in connection with the facility, auditoriums, parking areas, and educational facilities exceeded thirty million dollars ($30,000,000) prior to January 1, 2013; and (E) Prior to January 1, 2013, the nonprofit organization acquired a collection of artwork with a fair market value in excess of one hundred million dollars ($100,000,000) for public viewing and exhibition at the qualified museum facility.

(A) The nonprofit organization has established and operated prior to January 1, 2013, a facility that houses a collection of artwork or other exhibits for public viewing and exhibition;

(B) The principal location and primary operations of the facility are within the State of Arkansas;

(C) The museum portion of the facility first opened to the public after January 1, 2005, and prior to January 1, 2013;

(D) The aggregate total costs of construction and acquisition of the facility, including the structures, buildings, ancillary or related structures or buildings, real property used in connection with the facility, auditoriums, parking areas, and educational facilities exceeded thirty million dollars ($30,000,000) prior to January 1, 2013; and

(E) Prior to January 1, 2013, the nonprofit organization acquired a collection of artwork with a fair market value in excess of one hundred million dollars ($100,000,000) for public viewing and exhibition at the qualified museum facility.

(d) (1) After filing the statement required under subdivision (c)(1) of this section, if the secretary finds that the nonprofit organization has a good faith plan and intent to satisfy the conditions of subdivision (c)(2) of this section prior to January 1, 2013, the secretary shall issue an exemption certificate to the nonprofit organization within sixty (60) days after the filing of the statement. (2) The secretary may revoke the exemption certificate at any time after it is issued if the secretary determines that the nonprofit organization is unable to satisfy the conditions under subdivision (c)(2) of this section prior to January 1, 2013. (3) After filing the statement required under subdivision (c)(2) of this section, if the secretary determines that the nonprofit organization has not met the conditions under subdivision (c)(2) of this section, the secretary shall revoke the exemption certificate of the nonprofit organization. (4) If the nonprofit organization fails to file the statement described in subdivision (c)(2) of this section on or prior to June 30, 2013, the secretary shall revoke the exemption certificate. (5) Revocation by the secretary of an exemption certificate shall be retroactive to the date of its issuance subject to subsection (e) of this section.

(1) After filing the statement required under subdivision (c)(1) of this section, if the secretary finds that the nonprofit organization has a good faith plan and intent to satisfy the conditions of subdivision (c)(2) of this section prior to January 1, 2013, the secretary shall issue an exemption certificate to the nonprofit organization within sixty (60) days after the filing of the statement.

(2) The secretary may revoke the exemption certificate at any time after it is issued if the secretary determines that the nonprofit organization is unable to satisfy the conditions under subdivision (c)(2) of this section prior to January 1, 2013.

(3) After filing the statement required under subdivision (c)(2) of this section, if the secretary determines that the nonprofit organization has not met the conditions under subdivision (c)(2) of this section, the secretary shall revoke the exemption certificate of the nonprofit organization.

(4) If the nonprofit organization fails to file the statement described in subdivision (c)(2) of this section on or prior to June 30, 2013, the secretary shall revoke the exemption certificate.

(5) Revocation by the secretary of an exemption certificate shall be retroactive to the date of its issuance subject to subsection (e) of this section.

(e) (1) If the secretary revokes the exemption certificate, any tax deficiency, related interest, and applicable penalties due under this chapter, the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., or the Arkansas Tax Procedure Act, § 26-18-101 et seq., may be assessed against the nonprofit organization but may not be assessed against a third party that has relied in good faith on the exemption certificate prior to its revocation. (2) If the secretary revokes the exemption certificate, any tax deficiency, related interest, and applicable penalties assessed against the nonprofit organization shall also include any tax deficiency, related interest, and applicable penalties assessed on purchases made by the nonprofit organization's contractors and agents for the benefit of the nonprofit organization in reliance on the exemption certificate. (3) (A) Any assessment by the secretary under subdivision (e)(1) or subdivision (e)(2) of this section shall be made in accordance with the Arkansas Tax Procedure Act, § 26-18-101 et seq. (B) However, the time period for the secretary to make the assessment is extended to whichever of the following occurs first: (i) Three (3) years from the date the nonprofit organization files the statement under subdivision (c)(2) of this section; or (ii) July 1, 2016. (4) The nonprofit organization may contest any assessment or other determination by the secretary in accordance with the Arkansas Tax Procedure Act, § 26-18-101 et seq.

(1) If the secretary revokes the exemption certificate, any tax deficiency, related interest, and applicable penalties due under this chapter, the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., or the Arkansas Tax Procedure Act, § 26-18-101 et seq., may be assessed against the nonprofit organization but may not be assessed against a third party that has relied in good faith on the exemption certificate prior to its revocation.

(2) If the secretary revokes the exemption certificate, any tax deficiency, related interest, and applicable penalties assessed against the nonprofit organization shall also include any tax deficiency, related interest, and applicable penalties assessed on purchases made by the nonprofit organization's contractors and agents for the benefit of the nonprofit organization in reliance on the exemption certificate.

(3) (A) Any assessment by the secretary under subdivision (e)(1) or subdivision (e)(2) of this section shall be made in accordance with the Arkansas Tax Procedure Act, § 26-18-101 et seq. (B) However, the time period for the secretary to make the assessment is extended to whichever of the following occurs first: (i) Three (3) years from the date the nonprofit organization files the statement under subdivision (c)(2) of this section; or (ii) July 1, 2016.

(A) Any assessment by the secretary under subdivision (e)(1) or subdivision (e)(2) of this section shall be made in accordance with the Arkansas Tax Procedure Act, § 26-18-101 et seq.

(B) However, the time period for the secretary to make the assessment is extended to whichever of the following occurs first: (i) Three (3) years from the date the nonprofit organization files the statement under subdivision (c)(2) of this section; or (ii) July 1, 2016.

(i) Three (3) years from the date the nonprofit organization files the statement under subdivision (c)(2) of this section; or

(ii) July 1, 2016.

(4) The nonprofit organization may contest any assessment or other determination by the secretary in accordance with the Arkansas Tax Procedure Act, § 26-18-101 et seq.

Amended by Act 2019, No. 910,§ 3857, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3856, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3855, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3854, eff. 7/1/2019.

Amended by Act 2017, No. 141,§ 32, eff. for tax years beginning on and after 1/1/2018.

Acts 2005, No. 1865, § 1.
Ark. Code Ann. § 26-55-225 — AR Code / Title 26 / Chapter 55 / Subchapter 2 / Section 26-55-225
Bonds - New bonds - Conditions for requirement
Status: in_force

(a) In the event that liability upon the bond thus filed by the distributor with the Secretary of the Department of Finance and Administration shall be discharged or reduced, whether by judgment rendered, payment made, or otherwise, or if in the opinion of the secretary any surety on the bond theretofore given shall have become unsatisfactory or unacceptable, then the secretary may require the distributor to file a new bond with a satisfactory surety in the same form and amount, failing which the secretary shall immediately cancel the license certificate of said distributor. (b) If the new bond is furnished by the distributor as above provided, the secretary shall cancel and surrender the bond of the distributor for which the new bond shall be substituted. Amended by Act 2019, No. 910,§ 3952, eff. 7/1/2019. Acts 1941, No. 383, § 9; A.S.A. 1947, § 75-1111.

(a) In the event that liability upon the bond thus filed by the distributor with the Secretary of the Department of Finance and Administration shall be discharged or reduced, whether by judgment rendered, payment made, or otherwise, or if in the opinion of the secretary any surety on the bond theretofore given shall have become unsatisfactory or unacceptable, then the secretary may require the distributor to file a new bond with a satisfactory surety in the same form and amount, failing which the secretary shall immediately cancel the license certificate of said distributor.

(b) If the new bond is furnished by the distributor as above provided, the secretary shall cancel and surrender the bond of the distributor for which the new bond shall be substituted.

Amended by Act 2019, No. 910,§ 3952, eff. 7/1/2019.

Acts 1941, No. 383, § 9; A.S.A. 1947, § 75-1111.
Ark. Code Ann. § 26-51-919 — AR Code / Title 26 / Chapter 51 / Subchapter 9 / Section 26-51-919
Pass-through entities - Definitions
Status: in_force

(a) As used in this section: (1) "Lower-tier pass-through entity" means a member of a pass-through entity that is itself a pass-through entity; (2) "Member" means a shareholder of a Subchapter S corporation, a partner in a general partnership, a partner in a limited partnership, a partner in a limited liability partnership, a member of a limited liability company, or a beneficiary of a trust; (3) "Nonresident" means: (A) An individual who is not a resident of or domiciled in Arkansas during any part of the tax year; (B) A business entity that does not have its commercial domicile in Arkansas during any part of the tax year; or (C) A trust not organized in Arkansas; and (4) "Pass-through entity" means a business entity that for the applicable tax year is: (A) A corporation treated as a Subchapter S corporation under § 26-51-409 , a general partnership, limited partnership, limited liability partnership, limited liability company, or a trust; and (B) Not taxed as a corporation for federal or Arkansas income tax purposes. (b) (1) (A) (i) A pass-through entity shall withhold Arkansas income tax at the highest income tax rate levied under §§ 26-51-201 , 26-51-202 , and 26-51-205 on the share of income of the pass-through entity that is derived from or attributable to sources within this state and distributed to each nonresident member. (ii) The pass-through entity is liable to the Secretary of the Department of Finance and Administration for the payment of the tax required to be withheld and is not liable to the member for the amount withheld and paid to the secretary. (B) (i) A lower-tier pass-through entity shall withhold and pay income tax on the share of income distributed by the lower-tier pass-through entity to each of its nonresident members. (ii) The secretary shall apply the tax withheld and paid by a pass-through entity on distributions to a lower-tier pass-through entity to the withholding required of that lower-tier pass-through entity. (2) (A) On or before the due date for the pass-through entity's composite income tax return described in subsection (d) of this section, a pass-through entity shall file an annual return with the secretary showing the total amount of income distributed or credited to its nonresident members and the amount of tax withheld and shall remit the amount of tax withheld. (B) The annual return shall be in an electronic format prescribed by the secretary. (3) A pass-through entity shall annually furnish a nonresident member of the pass-through entity with a record of the amount of tax withheld on behalf of the nonresident member no later than the fifteenth day of the fourth month following the end of the pass-through entity's tax year. (c) A pass-through entity is not required to withhold tax for a nonresident member if: (1) The nonresident member has a pro rata or distributive share of income of the pass-through entity from doing business in or deriving income from sources within this state of less than one thousand dollars ($1,000) per year; (2) The secretary has determined that the nonresident member's income is not subject to withholding; (3) The nonresident member elects to have the tax due paid as part of a composite return filed by the pass-through entity under subsection (d) of this section; (4) The pass-through entity: (A) Is a publicly traded partnership as defined by 26 U.S.C. § 7704(b) , as in effect on January 1, 2005, that is treated as a partnership for the purposes of federal income taxation; and (B) Has agreed to file an annual information return reporting the name, address, and taxpayer identification number of each member with an annual Arkansas income greater than five hundred dollars ($500) along with any other information requested by the secretary; (5) (A) The pass-through entity has filed with the secretary on forms prescribed by the secretary the nonresident member's signed agreement to timely file an Arkansas corporation, nonresident individual, or trust income tax return, to pay any tax due on the return, and to be subject to the jurisdiction of the Department of Finance and Administration in the courts of this state for the purpose of determining and collecting any Arkansas income tax together with interest and penalties owed by the nonresident member. (B) (i) The department may revoke the exception from the withholding requirement in subdivision (c)(5)(A) of this section if it is determined that the nonresident member is not abiding by the terms of the agreement. (ii) At the time of revocation, the department shall notify the pass-through entity that withholding is required for future distributions to the nonresident member whose exception is revoked; or (6) The income received by the nonresident member is exempt from Arkansas income tax pursuant to § 26-51-202(e) . (d) (1) A pass-through entity may file a composite income tax return on behalf of electing nonresident members reporting and paying Arkansas income tax at the highest income tax rate under §§ 26-51-201 , 26-51-202 , and 26-51-205 on the nonresident member's pro rata or distributive shares of income of the pass-through entity from doing business in or deriving income from sources within this state. (2) A nonresident member whose only source of income within this state is from one (1) or more pass-through entities may elect to be included in a composite return filed pursuant to this section. (3) A nonresident member who has been included in a composite return may file an income tax return and shall receive credit for income tax paid on the nonresident member's behalf by the pass-through entity. (4) On or before the fifteenth day of the fourth month following the end of the pass-through entity's tax year, a pass-through entity shall file an annual composite return with the secretary showing the total amount of income distributed or credited to its nonresident members and the amount of tax withheld and shall remit the tax due on the composite income tax return. (e) The secretary may promulgate rules necessary to administer this section. Amended by Act 2019, No. 910,§ 3774, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3773, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3772, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3771, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3770, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3769, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3768, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3767, eff. 7/1/2019. Amended by Act 2017, No. 760,§ 4, eff. for tax years beginning on and after 1/1/2018. Amended by Act 2017, No. 760,§ 3, eff. for tax years beginning on and after 1/1/2018. Amended by Act 2017, No. 760,§ 2, eff. for tax years beginning on and after 1/1/2018. Amended by Act 2017, No. 760,§ 1, eff. for tax years beginning on and after 1/1/2018. Acts 2005, No. 1982, § 1; 2007, No. 218, § 37; 2009, No. 372, § 24.

(a) As used in this section: (1) "Lower-tier pass-through entity" means a member of a pass-through entity that is itself a pass-through entity; (2) "Member" means a shareholder of a Subchapter S corporation, a partner in a general partnership, a partner in a limited partnership, a partner in a limited liability partnership, a member of a limited liability company, or a beneficiary of a trust; (3) "Nonresident" means: (A) An individual who is not a resident of or domiciled in Arkansas during any part of the tax year; (B) A business entity that does not have its commercial domicile in Arkansas during any part of the tax year; or (C) A trust not organized in Arkansas; and (4) "Pass-through entity" means a business entity that for the applicable tax year is: (A) A corporation treated as a Subchapter S corporation under § 26-51-409 , a general partnership, limited partnership, limited liability partnership, limited liability company, or a trust; and (B) Not taxed as a corporation for federal or Arkansas income tax purposes.

(1) "Lower-tier pass-through entity" means a member of a pass-through entity that is itself a pass-through entity;

(2) "Member" means a shareholder of a Subchapter S corporation, a partner in a general partnership, a partner in a limited partnership, a partner in a limited liability partnership, a member of a limited liability company, or a beneficiary of a trust;

(3) "Nonresident" means: (A) An individual who is not a resident of or domiciled in Arkansas during any part of the tax year; (B) A business entity that does not have its commercial domicile in Arkansas during any part of the tax year; or (C) A trust not organized in Arkansas; and

(A) An individual who is not a resident of or domiciled in Arkansas during any part of the tax year;

(B) A business entity that does not have its commercial domicile in Arkansas during any part of the tax year; or

(C) A trust not organized in Arkansas; and

(4) "Pass-through entity" means a business entity that for the applicable tax year is: (A) A corporation treated as a Subchapter S corporation under § 26-51-409 , a general partnership, limited partnership, limited liability partnership, limited liability company, or a trust; and (B) Not taxed as a corporation for federal or Arkansas income tax purposes.

(A) A corporation treated as a Subchapter S corporation under § 26-51-409 , a general partnership, limited partnership, limited liability partnership, limited liability company, or a trust; and

(B) Not taxed as a corporation for federal or Arkansas income tax purposes.

(b) (1) (A) (i) A pass-through entity shall withhold Arkansas income tax at the highest income tax rate levied under §§ 26-51-201 , 26-51-202 , and 26-51-205 on the share of income of the pass-through entity that is derived from or attributable to sources within this state and distributed to each nonresident member. (ii) The pass-through entity is liable to the Secretary of the Department of Finance and Administration for the payment of the tax required to be withheld and is not liable to the member for the amount withheld and paid to the secretary. (B) (i) A lower-tier pass-through entity shall withhold and pay income tax on the share of income distributed by the lower-tier pass-through entity to each of its nonresident members. (ii) The secretary shall apply the tax withheld and paid by a pass-through entity on distributions to a lower-tier pass-through entity to the withholding required of that lower-tier pass-through entity. (2) (A) On or before the due date for the pass-through entity's composite income tax return described in subsection (d) of this section, a pass-through entity shall file an annual return with the secretary showing the total amount of income distributed or credited to its nonresident members and the amount of tax withheld and shall remit the amount of tax withheld. (B) The annual return shall be in an electronic format prescribed by the secretary. (3) A pass-through entity shall annually furnish a nonresident member of the pass-through entity with a record of the amount of tax withheld on behalf of the nonresident member no later than the fifteenth day of the fourth month following the end of the pass-through entity's tax year.

(1) (A) (i) A pass-through entity shall withhold Arkansas income tax at the highest income tax rate levied under §§ 26-51-201 , 26-51-202 , and 26-51-205 on the share of income of the pass-through entity that is derived from or attributable to sources within this state and distributed to each nonresident member. (ii) The pass-through entity is liable to the Secretary of the Department of Finance and Administration for the payment of the tax required to be withheld and is not liable to the member for the amount withheld and paid to the secretary. (B) (i) A lower-tier pass-through entity shall withhold and pay income tax on the share of income distributed by the lower-tier pass-through entity to each of its nonresident members. (ii) The secretary shall apply the tax withheld and paid by a pass-through entity on distributions to a lower-tier pass-through entity to the withholding required of that lower-tier pass-through entity.

(A) (i) A pass-through entity shall withhold Arkansas income tax at the highest income tax rate levied under §§ 26-51-201 , 26-51-202 , and 26-51-205 on the share of income of the pass-through entity that is derived from or attributable to sources within this state and distributed to each nonresident member. (ii) The pass-through entity is liable to the Secretary of the Department of Finance and Administration for the payment of the tax required to be withheld and is not liable to the member for the amount withheld and paid to the secretary.

(i) A pass-through entity shall withhold Arkansas income tax at the highest income tax rate levied under §§ 26-51-201 , 26-51-202 , and 26-51-205 on the share of income of the pass-through entity that is derived from or attributable to sources within this state and distributed to each nonresident member.

(ii) The pass-through entity is liable to the Secretary of the Department of Finance and Administration for the payment of the tax required to be withheld and is not liable to the member for the amount withheld and paid to the secretary.

(B) (i) A lower-tier pass-through entity shall withhold and pay income tax on the share of income distributed by the lower-tier pass-through entity to each of its nonresident members. (ii) The secretary shall apply the tax withheld and paid by a pass-through entity on distributions to a lower-tier pass-through entity to the withholding required of that lower-tier pass-through entity.

(i) A lower-tier pass-through entity shall withhold and pay income tax on the share of income distributed by the lower-tier pass-through entity to each of its nonresident members.

(ii) The secretary shall apply the tax withheld and paid by a pass-through entity on distributions to a lower-tier pass-through entity to the withholding required of that lower-tier pass-through entity.

(2) (A) On or before the due date for the pass-through entity's composite income tax return described in subsection (d) of this section, a pass-through entity shall file an annual return with the secretary showing the total amount of income distributed or credited to its nonresident members and the amount of tax withheld and shall remit the amount of tax withheld. (B) The annual return shall be in an electronic format prescribed by the secretary.

(A) On or before the due date for the pass-through entity's composite income tax return described in subsection (d) of this section, a pass-through entity shall file an annual return with the secretary showing the total amount of income distributed or credited to its nonresident members and the amount of tax withheld and shall remit the amount of tax withheld.

(B) The annual return shall be in an electronic format prescribed by the secretary.

(3) A pass-through entity shall annually furnish a nonresident member of the pass-through entity with a record of the amount of tax withheld on behalf of the nonresident member no later than the fifteenth day of the fourth month following the end of the pass-through entity's tax year.

(c) A pass-through entity is not required to withhold tax for a nonresident member if: (1) The nonresident member has a pro rata or distributive share of income of the pass-through entity from doing business in or deriving income from sources within this state of less than one thousand dollars ($1,000) per year; (2) The secretary has determined that the nonresident member's income is not subject to withholding; (3) The nonresident member elects to have the tax due paid as part of a composite return filed by the pass-through entity under subsection (d) of this section; (4) The pass-through entity: (A) Is a publicly traded partnership as defined by 26 U.S.C. § 7704(b) , as in effect on January 1, 2005, that is treated as a partnership for the purposes of federal income taxation; and (B) Has agreed to file an annual information return reporting the name, address, and taxpayer identification number of each member with an annual Arkansas income greater than five hundred dollars ($500) along with any other information requested by the secretary; (5) (A) The pass-through entity has filed with the secretary on forms prescribed by the secretary the nonresident member's signed agreement to timely file an Arkansas corporation, nonresident individual, or trust income tax return, to pay any tax due on the return, and to be subject to the jurisdiction of the Department of Finance and Administration in the courts of this state for the purpose of determining and collecting any Arkansas income tax together with interest and penalties owed by the nonresident member. (B) (i) The department may revoke the exception from the withholding requirement in subdivision (c)(5)(A) of this section if it is determined that the nonresident member is not abiding by the terms of the agreement. (ii) At the time of revocation, the department shall notify the pass-through entity that withholding is required for future distributions to the nonresident member whose exception is revoked; or (6) The income received by the nonresident member is exempt from Arkansas income tax pursuant to § 26-51-202(e) .

(1) The nonresident member has a pro rata or distributive share of income of the pass-through entity from doing business in or deriving income from sources within this state of less than one thousand dollars ($1,000) per year;

(2) The secretary has determined that the nonresident member's income is not subject to withholding;

(3) The nonresident member elects to have the tax due paid as part of a composite return filed by the pass-through entity under subsection (d) of this section;

(4) The pass-through entity: (A) Is a publicly traded partnership as defined by 26 U.S.C. § 7704(b) , as in effect on January 1, 2005, that is treated as a partnership for the purposes of federal income taxation; and (B) Has agreed to file an annual information return reporting the name, address, and taxpayer identification number of each member with an annual Arkansas income greater than five hundred dollars ($500) along with any other information requested by the secretary;

(A) Is a publicly traded partnership as defined by 26 U.S.C. § 7704(b) , as in effect on January 1, 2005, that is treated as a partnership for the purposes of federal income taxation; and

(B) Has agreed to file an annual information return reporting the name, address, and taxpayer identification number of each member with an annual Arkansas income greater than five hundred dollars ($500) along with any other information requested by the secretary;

(5) (A) The pass-through entity has filed with the secretary on forms prescribed by the secretary the nonresident member's signed agreement to timely file an Arkansas corporation, nonresident individual, or trust income tax return, to pay any tax due on the return, and to be subject to the jurisdiction of the Department of Finance and Administration in the courts of this state for the purpose of determining and collecting any Arkansas income tax together with interest and penalties owed by the nonresident member. (B) (i) The department may revoke the exception from the withholding requirement in subdivision (c)(5)(A) of this section if it is determined that the nonresident member is not abiding by the terms of the agreement. (ii) At the time of revocation, the department shall notify the pass-through entity that withholding is required for future distributions to the nonresident member whose exception is revoked; or

(A) The pass-through entity has filed with the secretary on forms prescribed by the secretary the nonresident member's signed agreement to timely file an Arkansas corporation, nonresident individual, or trust income tax return, to pay any tax due on the return, and to be subject to the jurisdiction of the Department of Finance and Administration in the courts of this state for the purpose of determining and collecting any Arkansas income tax together with interest and penalties owed by the nonresident member.

(B) (i) The department may revoke the exception from the withholding requirement in subdivision (c)(5)(A) of this section if it is determined that the nonresident member is not abiding by the terms of the agreement. (ii) At the time of revocation, the department shall notify the pass-through entity that withholding is required for future distributions to the nonresident member whose exception is revoked; or

(i) The department may revoke the exception from the withholding requirement in subdivision (c)(5)(A) of this section if it is determined that the nonresident member is not abiding by the terms of the agreement.

(ii) At the time of revocation, the department shall notify the pass-through entity that withholding is required for future distributions to the nonresident member whose exception is revoked; or

(6) The income received by the nonresident member is exempt from Arkansas income tax pursuant to § 26-51-202(e) .

(d) (1) A pass-through entity may file a composite income tax return on behalf of electing nonresident members reporting and paying Arkansas income tax at the highest income tax rate under §§ 26-51-201 , 26-51-202 , and 26-51-205 on the nonresident member's pro rata or distributive shares of income of the pass-through entity from doing business in or deriving income from sources within this state. (2) A nonresident member whose only source of income within this state is from one (1) or more pass-through entities may elect to be included in a composite return filed pursuant to this section. (3) A nonresident member who has been included in a composite return may file an income tax return and shall receive credit for income tax paid on the nonresident member's behalf by the pass-through entity. (4) On or before the fifteenth day of the fourth month following the end of the pass-through entity's tax year, a pass-through entity shall file an annual composite return with the secretary showing the total amount of income distributed or credited to its nonresident members and the amount of tax withheld and shall remit the tax due on the composite income tax return.

(1) A pass-through entity may file a composite income tax return on behalf of electing nonresident members reporting and paying Arkansas income tax at the highest income tax rate under §§ 26-51-201 , 26-51-202 , and 26-51-205 on the nonresident member's pro rata or distributive shares of income of the pass-through entity from doing business in or deriving income from sources within this state.

(2) A nonresident member whose only source of income within this state is from one (1) or more pass-through entities may elect to be included in a composite return filed pursuant to this section.

(3) A nonresident member who has been included in a composite return may file an income tax return and shall receive credit for income tax paid on the nonresident member's behalf by the pass-through entity.

(4) On or before the fifteenth day of the fourth month following the end of the pass-through entity's tax year, a pass-through entity shall file an annual composite return with the secretary showing the total amount of income distributed or credited to its nonresident members and the amount of tax withheld and shall remit the tax due on the composite income tax return.

(e) The secretary may promulgate rules necessary to administer this section.

Amended by Act 2019, No. 910,§ 3774, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3773, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3772, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3771, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3770, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3769, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3768, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3767, eff. 7/1/2019.

Amended by Act 2017, No. 760,§ 4, eff. for tax years beginning on and after 1/1/2018.

Amended by Act 2017, No. 760,§ 3, eff. for tax years beginning on and after 1/1/2018.

Amended by Act 2017, No. 760,§ 2, eff. for tax years beginning on and after 1/1/2018.

Amended by Act 2017, No. 760,§ 1, eff. for tax years beginning on and after 1/1/2018.

Acts 2005, No. 1982, § 1; 2007, No. 218, § 37; 2009, No. 372, § 24.
Ark. Code Ann. § 26-57-262 — AR Code / Title 26 / Chapter 57 / Subchapter 2 / Section 26-57-262
Sale of export cigarettes - Definitions
Status: in_force

(a) Findings and Purpose. (1) Cigarette smoking presents serious public health concerns to the state and to the citizens of the state. The Surgeon General has determined that smoking causes lung cancer, heart disease, and other serious diseases and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking. (2) It is the policy of the state that consumers be adequately informed about the adverse health effects of cigarette smoking by including warning notices on each package of cigarettes. (3) It is the intent of the General Assembly to align state law with federal laws, regulations, and policies relating to the manufacture, importation, and marketing of cigarettes, and in particular, the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. § 1331 et seq., and 26 U.S.C. § 5754 . (4) The General Assembly finds that consumers and retailers purchasing cigarettes are entitled to be fully informed about any adverse health effects of cigarette smoking by the inclusion of warning notices on each package of cigarettes and to be assured through appropriate enforcement measures that cigarettes they purchase were manufactured for consumption within the United States. (b) Definitions. As used in this section: (1) (A) "Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains: (i) Any roll of tobacco wrapped in paper or in any substance not containing tobacco; (ii) Tobacco, in any form, that is functional in the product which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling is likely to be offered to or purchased by consumers as a cigarette; or (iii) Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling is likely to be offered to or purchased by consumers as a cigarette described in subdivision (b)(1)(A)(i) of this section. (B) "Cigarette" includes "roll your own", which is any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to or purchased by consumers as tobacco for making cigarettes. (C) For purposes of this definition of "cigarette", nine one-hundredths of an ounce (0.09 oz.) of "roll your own" tobacco shall constitute one (1) individual "cigarette"; and (2) "Package" means a pack, carton, or container of any kind in which cigarettes are offered for sale, sold, or otherwise distributed or intended for distribution to consumers. (c) Tax Stamps. (1) No tax stamp may be affixed to or made upon any package of cigarettes if: (A) The package differs in any respect with the requirements of the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. § 1331 et seq., for the placement of labels, warnings, or any other information upon a package of cigarettes that is manufactured, packaged, or imported for sale, distribution, or use within the United States; (B) The package is labeled "For Export Only", "U.S. Tax Exempt", "For Use Outside U.S.", or similar wording indicating that the manufacturer did not intend that the product be sold in the United States; (C) The cigarettes in the package do not comply with any other applicable requirements imposed pursuant to federal law and federal implementing regulations; (D) The package in any way violates federal trademark or copyright laws; (E) The package or a package containing individually stamped packages has been altered by adding or deleting the wording, labels, or warnings described in this subdivision (c)(1); or (F) With respect to the cigarettes, any person is not in compliance with 15 U.S.C. § 1335a relating to submission of ingredient information to federal authorities, 19 U.S.C. §§ 1681 - 1681b relating to imports of certain cigarettes, 26 U.S.C. § 5754 , relating to previously exported tobacco products, or any other federal law or implementing federal regulations. (2) Any person who sells or holds for sale cigarette packages to which is affixed a tax stamp in violation of this section shall be subject to the penalties prescribed in subdivision (c)(5) of this section. (3) The Arkansas Tobacco Control Board may revoke a wholesale or retail license of any person who sells or holds for sale cigarette packages to which is affixed a tax stamp in violation of this section. (4) The Department of Finance and Administration or the Director of Arkansas Tobacco Control may seize and destroy or sell to the manufacturer only for export packages that do not comply with this section. (5) A violation of this section is a deceptive act or practice and shall constitute a Class A misdemeanor. (6) On or before the fifteenth business day of each month, each person licensed to affix the state tax stamp to cigarettes shall file with the Secretary of the Department of Finance and Administration for all cigarettes imported into the United States to which the person has affixed the tax stamp in the preceding month copies of the customs certificates with respect to the cigarettes required to be submitted by 19 U.S.C. § 1681a(c) . (7) Any person who sells, distributes, or manufactures cigarettes and sustains direct economic or commercial injury as a result of a violation of this section may bring an action in good faith for appropriate injunctive relief. Amended by Act 2019, No. 910,§ 4165, eff. 7/1/2019. Acts 1999, No. 1285, §§ 1-3; 2001, No. 1545, §§ 1, 2; 2009, No. 785, § 29; 2011, No. 983, § 20.

(a) Findings and Purpose. (1) Cigarette smoking presents serious public health concerns to the state and to the citizens of the state. The Surgeon General has determined that smoking causes lung cancer, heart disease, and other serious diseases and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking. (2) It is the policy of the state that consumers be adequately informed about the adverse health effects of cigarette smoking by including warning notices on each package of cigarettes. (3) It is the intent of the General Assembly to align state law with federal laws, regulations, and policies relating to the manufacture, importation, and marketing of cigarettes, and in particular, the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. § 1331 et seq., and 26 U.S.C. § 5754 . (4) The General Assembly finds that consumers and retailers purchasing cigarettes are entitled to be fully informed about any adverse health effects of cigarette smoking by the inclusion of warning notices on each package of cigarettes and to be assured through appropriate enforcement measures that cigarettes they purchase were manufactured for consumption within the United States.

(1) Cigarette smoking presents serious public health concerns to the state and to the citizens of the state. The Surgeon General has determined that smoking causes lung cancer, heart disease, and other serious diseases and that there are hundreds of thousands of tobacco-related deaths in the United States each year. These diseases most often do not appear until many years after the person in question begins smoking.

(2) It is the policy of the state that consumers be adequately informed about the adverse health effects of cigarette smoking by including warning notices on each package of cigarettes.

(3) It is the intent of the General Assembly to align state law with federal laws, regulations, and policies relating to the manufacture, importation, and marketing of cigarettes, and in particular, the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. § 1331 et seq., and 26 U.S.C. § 5754 .

(4) The General Assembly finds that consumers and retailers purchasing cigarettes are entitled to be fully informed about any adverse health effects of cigarette smoking by the inclusion of warning notices on each package of cigarettes and to be assured through appropriate enforcement measures that cigarettes they purchase were manufactured for consumption within the United States.

(b) Definitions. As used in this section: (1) (A) "Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains: (i) Any roll of tobacco wrapped in paper or in any substance not containing tobacco; (ii) Tobacco, in any form, that is functional in the product which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling is likely to be offered to or purchased by consumers as a cigarette; or (iii) Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling is likely to be offered to or purchased by consumers as a cigarette described in subdivision (b)(1)(A)(i) of this section. (B) "Cigarette" includes "roll your own", which is any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to or purchased by consumers as tobacco for making cigarettes. (C) For purposes of this definition of "cigarette", nine one-hundredths of an ounce (0.09 oz.) of "roll your own" tobacco shall constitute one (1) individual "cigarette"; and (2) "Package" means a pack, carton, or container of any kind in which cigarettes are offered for sale, sold, or otherwise distributed or intended for distribution to consumers.

(1) (A) "Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains: (i) Any roll of tobacco wrapped in paper or in any substance not containing tobacco; (ii) Tobacco, in any form, that is functional in the product which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling is likely to be offered to or purchased by consumers as a cigarette; or (iii) Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling is likely to be offered to or purchased by consumers as a cigarette described in subdivision (b)(1)(A)(i) of this section. (B) "Cigarette" includes "roll your own", which is any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to or purchased by consumers as tobacco for making cigarettes. (C) For purposes of this definition of "cigarette", nine one-hundredths of an ounce (0.09 oz.) of "roll your own" tobacco shall constitute one (1) individual "cigarette"; and

(A) "Cigarette" means any product that contains nicotine, is intended to be burned or heated under ordinary conditions of use, and consists of or contains: (i) Any roll of tobacco wrapped in paper or in any substance not containing tobacco; (ii) Tobacco, in any form, that is functional in the product which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling is likely to be offered to or purchased by consumers as a cigarette; or (iii) Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling is likely to be offered to or purchased by consumers as a cigarette described in subdivision (b)(1)(A)(i) of this section.

(i) Any roll of tobacco wrapped in paper or in any substance not containing tobacco;

(ii) Tobacco, in any form, that is functional in the product which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling is likely to be offered to or purchased by consumers as a cigarette; or

(iii) Any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling is likely to be offered to or purchased by consumers as a cigarette described in subdivision (b)(1)(A)(i) of this section.

(B) "Cigarette" includes "roll your own", which is any tobacco which, because of its appearance, type, packaging, or labeling is suitable for use and likely to be offered to or purchased by consumers as tobacco for making cigarettes.

(C) For purposes of this definition of "cigarette", nine one-hundredths of an ounce (0.09 oz.) of "roll your own" tobacco shall constitute one (1) individual "cigarette"; and

(2) "Package" means a pack, carton, or container of any kind in which cigarettes are offered for sale, sold, or otherwise distributed or intended for distribution to consumers.

(c) Tax Stamps. (1) No tax stamp may be affixed to or made upon any package of cigarettes if: (A) The package differs in any respect with the requirements of the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. § 1331 et seq., for the placement of labels, warnings, or any other information upon a package of cigarettes that is manufactured, packaged, or imported for sale, distribution, or use within the United States; (B) The package is labeled "For Export Only", "U.S. Tax Exempt", "For Use Outside U.S.", or similar wording indicating that the manufacturer did not intend that the product be sold in the United States; (C) The cigarettes in the package do not comply with any other applicable requirements imposed pursuant to federal law and federal implementing regulations; (D) The package in any way violates federal trademark or copyright laws; (E) The package or a package containing individually stamped packages has been altered by adding or deleting the wording, labels, or warnings described in this subdivision (c)(1); or (F) With respect to the cigarettes, any person is not in compliance with 15 U.S.C. § 1335a relating to submission of ingredient information to federal authorities, 19 U.S.C. §§ 1681 - 1681b relating to imports of certain cigarettes, 26 U.S.C. § 5754 , relating to previously exported tobacco products, or any other federal law or implementing federal regulations. (2) Any person who sells or holds for sale cigarette packages to which is affixed a tax stamp in violation of this section shall be subject to the penalties prescribed in subdivision (c)(5) of this section. (3) The Arkansas Tobacco Control Board may revoke a wholesale or retail license of any person who sells or holds for sale cigarette packages to which is affixed a tax stamp in violation of this section. (4) The Department of Finance and Administration or the Director of Arkansas Tobacco Control may seize and destroy or sell to the manufacturer only for export packages that do not comply with this section. (5) A violation of this section is a deceptive act or practice and shall constitute a Class A misdemeanor. (6) On or before the fifteenth business day of each month, each person licensed to affix the state tax stamp to cigarettes shall file with the Secretary of the Department of Finance and Administration for all cigarettes imported into the United States to which the person has affixed the tax stamp in the preceding month copies of the customs certificates with respect to the cigarettes required to be submitted by 19 U.S.C. § 1681a(c) . (7) Any person who sells, distributes, or manufactures cigarettes and sustains direct economic or commercial injury as a result of a violation of this section may bring an action in good faith for appropriate injunctive relief.

(1) No tax stamp may be affixed to or made upon any package of cigarettes if: (A) The package differs in any respect with the requirements of the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. § 1331 et seq., for the placement of labels, warnings, or any other information upon a package of cigarettes that is manufactured, packaged, or imported for sale, distribution, or use within the United States; (B) The package is labeled "For Export Only", "U.S. Tax Exempt", "For Use Outside U.S.", or similar wording indicating that the manufacturer did not intend that the product be sold in the United States; (C) The cigarettes in the package do not comply with any other applicable requirements imposed pursuant to federal law and federal implementing regulations; (D) The package in any way violates federal trademark or copyright laws; (E) The package or a package containing individually stamped packages has been altered by adding or deleting the wording, labels, or warnings described in this subdivision (c)(1); or (F) With respect to the cigarettes, any person is not in compliance with 15 U.S.C. § 1335a relating to submission of ingredient information to federal authorities, 19 U.S.C. §§ 1681 - 1681b relating to imports of certain cigarettes, 26 U.S.C. § 5754 , relating to previously exported tobacco products, or any other federal law or implementing federal regulations.

(A) The package differs in any respect with the requirements of the Federal Cigarette Labeling and Advertising Act, 15 U.S.C. § 1331 et seq., for the placement of labels, warnings, or any other information upon a package of cigarettes that is manufactured, packaged, or imported for sale, distribution, or use within the United States;

(B) The package is labeled "For Export Only", "U.S. Tax Exempt", "For Use Outside U.S.", or similar wording indicating that the manufacturer did not intend that the product be sold in the United States;

(C) The cigarettes in the package do not comply with any other applicable requirements imposed pursuant to federal law and federal implementing regulations;

(D) The package in any way violates federal trademark or copyright laws;

(E) The package or a package containing individually stamped packages has been altered by adding or deleting the wording, labels, or warnings described in this subdivision (c)(1); or

(F) With respect to the cigarettes, any person is not in compliance with 15 U.S.C. § 1335a relating to submission of ingredient information to federal authorities, 19 U.S.C. §§ 1681 - 1681b relating to imports of certain cigarettes, 26 U.S.C. § 5754 , relating to previously exported tobacco products, or any other federal law or implementing federal regulations.

(2) Any person who sells or holds for sale cigarette packages to which is affixed a tax stamp in violation of this section shall be subject to the penalties prescribed in subdivision (c)(5) of this section.

(3) The Arkansas Tobacco Control Board may revoke a wholesale or retail license of any person who sells or holds for sale cigarette packages to which is affixed a tax stamp in violation of this section.

(4) The Department of Finance and Administration or the Director of Arkansas Tobacco Control may seize and destroy or sell to the manufacturer only for export packages that do not comply with this section.

(5) A violation of this section is a deceptive act or practice and shall constitute a Class A misdemeanor.

(6) On or before the fifteenth business day of each month, each person licensed to affix the state tax stamp to cigarettes shall file with the Secretary of the Department of Finance and Administration for all cigarettes imported into the United States to which the person has affixed the tax stamp in the preceding month copies of the customs certificates with respect to the cigarettes required to be submitted by 19 U.S.C. § 1681a(c) .

(7) Any person who sells, distributes, or manufactures cigarettes and sustains direct economic or commercial injury as a result of a violation of this section may bring an action in good faith for appropriate injunctive relief.

Amended by Act 2019, No. 910,§ 4165, eff. 7/1/2019.

Acts 1999, No. 1285, §§ 1-3; 2001, No. 1545, §§ 1, 2; 2009, No. 785, § 29; 2011, No. 983, § 20.
Ark. Code Ann. § 26-57-419 — AR Code / Title 26 / Chapter 57 / Subchapter 4 / Section 26-57-419
Licenses to sell
Status: in_force

(a) Licenses to sell coin-operated amusement devices shall be issued by the Secretary of the Department of Finance and Administration. (b) Applications for the licenses shall be on a form prescribed by the secretary. (c) (1) No license shall be issued to any corporation which is owned in whole or in part by any convicted felon or person who formerly held a license which was revoked until two (2) years subsequent to the revocation. (2) The same restriction shall hold true on members of partnerships or individuals applying for licenses. (3) Salespersons employed by licensees shall in like manner be subject to the restrictions. (d) Any person, firm, partnership, limited liability company, or corporation who applies for a license to sell coin-operated amusement devices as provided in this section prior to the issuance of the license shall be required to procure a suitable surety bond in the principal sum of one thousand dollars ($1,000) to ensure compliance with the provisions of this subchapter and to provide indemnity to any person who deals with the applicant in the event of the violation of this subchapter. (e) The annual fee for each corporation, partnership, or individual which acquires a license to sell coin-operated amusement devices shall be twenty-five dollars ($25.00), and additional annual licenses for salespersons employed by the licensees may be acquired for five dollars ($5.00). (f) (1) The secretary may revoke or suspend the licenses for cause. (2) A licensee shall be notified in writing that the revocation or suspension of its license is being considered and the reason for the revocation or suspension. (3) The licensee shall have fifteen (15) days in which to request a hearing, after which time a hearing shall be held not less than twenty (20) days subsequent to the expiration of the fifteen-day period of notice. (4) A hearing under this section shall be held under the Arkansas Tax Procedure Act, § 26-18-101 et seq., or the Independent Tax Appeals Commission Act, § 26-18-1101 et seq. (5) The licensee or the secretary may seek relief from an adverse decision under this section by filing suit under § 26-18-602 . (g) (1) If a licensee fails to timely seek administrative relief from a decision of the secretary under subsection (f) of this section, the secretary may revoke the licensee's license immediately. (2) The secretary shall provide notice of the revocation to the licensee by mailing the notice to the licensee via first class mail using the last known address of the licensee on file with the secretary. Amended by Act 2021, No. 593,§ 36, eff. 1/1/2023. Amended by Act 2021, No. 593,§ 35, eff. 1/1/2023. Amended by Act 2019, No. 910,§ 4182, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4181, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4180, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4179, eff. 7/1/2019. Acts 1977, No. 553, §§ 12, 13, 17; A.S.A. 1947, §§ 84-2644, 84-2645, 84-2649; Acts 1995, No. 1160, § 33.

(a) Licenses to sell coin-operated amusement devices shall be issued by the Secretary of the Department of Finance and Administration.

(b) Applications for the licenses shall be on a form prescribed by the secretary.

(c) (1) No license shall be issued to any corporation which is owned in whole or in part by any convicted felon or person who formerly held a license which was revoked until two (2) years subsequent to the revocation. (2) The same restriction shall hold true on members of partnerships or individuals applying for licenses. (3) Salespersons employed by licensees shall in like manner be subject to the restrictions.

(1) No license shall be issued to any corporation which is owned in whole or in part by any convicted felon or person who formerly held a license which was revoked until two (2) years subsequent to the revocation.

(2) The same restriction shall hold true on members of partnerships or individuals applying for licenses.

(3) Salespersons employed by licensees shall in like manner be subject to the restrictions.

(d) Any person, firm, partnership, limited liability company, or corporation who applies for a license to sell coin-operated amusement devices as provided in this section prior to the issuance of the license shall be required to procure a suitable surety bond in the principal sum of one thousand dollars ($1,000) to ensure compliance with the provisions of this subchapter and to provide indemnity to any person who deals with the applicant in the event of the violation of this subchapter.

(e) The annual fee for each corporation, partnership, or individual which acquires a license to sell coin-operated amusement devices shall be twenty-five dollars ($25.00), and additional annual licenses for salespersons employed by the licensees may be acquired for five dollars ($5.00).

(f) (1) The secretary may revoke or suspend the licenses for cause. (2) A licensee shall be notified in writing that the revocation or suspension of its license is being considered and the reason for the revocation or suspension. (3) The licensee shall have fifteen (15) days in which to request a hearing, after which time a hearing shall be held not less than twenty (20) days subsequent to the expiration of the fifteen-day period of notice. (4) A hearing under this section shall be held under the Arkansas Tax Procedure Act, § 26-18-101 et seq., or the Independent Tax Appeals Commission Act, § 26-18-1101 et seq. (5) The licensee or the secretary may seek relief from an adverse decision under this section by filing suit under § 26-18-602 .

(1) The secretary may revoke or suspend the licenses for cause.

(2) A licensee shall be notified in writing that the revocation or suspension of its license is being considered and the reason for the revocation or suspension.

(3) The licensee shall have fifteen (15) days in which to request a hearing, after which time a hearing shall be held not less than twenty (20) days subsequent to the expiration of the fifteen-day period of notice.

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

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

(g) (1) If a licensee fails to timely seek administrative relief from a decision of the secretary under subsection (f) of this section, the secretary may revoke the licensee's license immediately. (2) The secretary shall provide notice of the revocation to the licensee by mailing the notice to the licensee via first class mail using the last known address of the licensee on file with the secretary.

(1) If a licensee fails to timely seek administrative relief from a decision of the secretary under subsection (f) of this section, the secretary may revoke the licensee's license immediately.

(2) The secretary shall provide notice of the revocation to the licensee by mailing the notice to the licensee via first class mail using the last known address of the licensee on file with the secretary.

Amended by Act 2021, No. 593,§ 36, eff. 1/1/2023.

Amended by Act 2021, No. 593,§ 35, eff. 1/1/2023.

Amended by Act 2019, No. 910,§ 4182, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4181, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4180, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4179, eff. 7/1/2019.

Acts 1977, No. 553, §§ 12, 13, 17; A.S.A. 1947, §§ 84-2644, 84-2645, 84-2649; Acts 1995, No. 1160, § 33.
Ark. Code Ann. § 26-51-102 — AR Code / Title 26 / Chapter 51 / Subchapter 1 / Section 26-51-102
Definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Corporation" includes joint-stock companies or associations and insurance companies; (2) "Domestic", when applied to any corporation or association, including a partnership, means created or organized in the State of Arkansas; (3) "Fiduciary" means a guardian, trustee, executor, administrator, receiver, conservator, or any person, whether individual or corporate, acting in any fiduciary capacity for any person, trust, or estate; (4) "Fiscal year" means an accounting period of twelve (12) months ending on the last day of any month other than December; (5) "Foreign", when applied to any corporation or association, including a partnership, means created or organized outside of the State of Arkansas; (6) "Foreign country" means any jurisdiction other than one embraced within the United States; (7) "Income year" means "taxable year" as defined in this section; (8) "Individual" means a natural person; (9) "Nonresident", when used in connection with the Income Tax Act of 1929, § 26-51-101 et seq., shall apply to any natural person whose domicile is without the State of Arkansas and who maintains a place of abode without this state and spends in the aggregate more than six (6) months of the taxable year without this state; (10) "Paid", for the purposes of the deductions under the Income Tax Act of 1929, § 26-51-101 et seq., means "paid or accrued" or "paid or incurred", and the words "paid or accrued" or "paid or incurred" shall be construed according to the methods of accounting upon the basis of which the net income is computed under the Income Tax Act of 1929, § 26-51-101 et seq.; (11) "Person" includes individuals, fiduciaries, partnerships, limited liability companies, and corporations; (12) "Received", for the purpose of computation of the net income under the Income Tax Act of 1929, § 26-51-101 et seq., means "received or accrued", and the words "received or accrued" shall be construed according to the method of accounting upon the basis of which the net income is computed under the Income Tax Act of 1929, § 26-51-101 et seq.; (13) "Resident" means natural persons and includes, for the purpose of determining liability for the tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., upon or with reference to the income of any taxable year, any person domiciled in the State of Arkansas and any other person who maintains a permanent place of abode within this state and spends in the aggregate more than six (6) months of the taxable year within this state; (14) "Tax practitioner" means a person, partnership, limited liability company, or corporation that compiles a tax return for hire; (15) "Tax year" means "taxable year" as defined in this section; (16) (A) "Taxable year" means the calendar year, or the fiscal year ending during such calendar year, upon the basis of which taxable income is computed. (B) "Taxable year", in the case of a return made for a fractional part of a year, means the period for which such return is made; (17) "Taxpayer" includes any individual, fiduciary, or corporation subject to the tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq.; (18) "United States," when used in a geographical sense, includes the states, the District of Columbia, and the possessions of the United States; and (19) "Year" means "taxable year". Amended by Act 2021, No. 143,§ 1, eff. 1/1/2021, op. x. Amended by Act 2019, No. 910,§ 3700, eff. 7/1/2019. Acts 1929, No. 118, Art. 1, § 2; Pope's Dig., § 14025; A.S.A. 1947, § 84-2002; Acts 1993, No. 785, §§ 2-5; 1995, No. 1160, § 17.

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

(1) "Corporation" includes joint-stock companies or associations and insurance companies;

(2) "Domestic", when applied to any corporation or association, including a partnership, means created or organized in the State of Arkansas;

(3) "Fiduciary" means a guardian, trustee, executor, administrator, receiver, conservator, or any person, whether individual or corporate, acting in any fiduciary capacity for any person, trust, or estate;

(4) "Fiscal year" means an accounting period of twelve (12) months ending on the last day of any month other than December;

(5) "Foreign", when applied to any corporation or association, including a partnership, means created or organized outside of the State of Arkansas;

(6) "Foreign country" means any jurisdiction other than one embraced within the United States;

(7) "Income year" means "taxable year" as defined in this section;

(8) "Individual" means a natural person;

(9) "Nonresident", when used in connection with the Income Tax Act of 1929, § 26-51-101 et seq., shall apply to any natural person whose domicile is without the State of Arkansas and who maintains a place of abode without this state and spends in the aggregate more than six (6) months of the taxable year without this state;

(10) "Paid", for the purposes of the deductions under the Income Tax Act of 1929, § 26-51-101 et seq., means "paid or accrued" or "paid or incurred", and the words "paid or accrued" or "paid or incurred" shall be construed according to the methods of accounting upon the basis of which the net income is computed under the Income Tax Act of 1929, § 26-51-101 et seq.;

(11) "Person" includes individuals, fiduciaries, partnerships, limited liability companies, and corporations;

(12) "Received", for the purpose of computation of the net income under the Income Tax Act of 1929, § 26-51-101 et seq., means "received or accrued", and the words "received or accrued" shall be construed according to the method of accounting upon the basis of which the net income is computed under the Income Tax Act of 1929, § 26-51-101 et seq.;

(13) "Resident" means natural persons and includes, for the purpose of determining liability for the tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., upon or with reference to the income of any taxable year, any person domiciled in the State of Arkansas and any other person who maintains a permanent place of abode within this state and spends in the aggregate more than six (6) months of the taxable year within this state;

(14) "Tax practitioner" means a person, partnership, limited liability company, or corporation that compiles a tax return for hire;

(15) "Tax year" means "taxable year" as defined in this section;

(16) (A) "Taxable year" means the calendar year, or the fiscal year ending during such calendar year, upon the basis of which taxable income is computed. (B) "Taxable year", in the case of a return made for a fractional part of a year, means the period for which such return is made;

(A) "Taxable year" means the calendar year, or the fiscal year ending during such calendar year, upon the basis of which taxable income is computed.

(B) "Taxable year", in the case of a return made for a fractional part of a year, means the period for which such return is made;

(17) "Taxpayer" includes any individual, fiduciary, or corporation subject to the tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq.;

(18) "United States," when used in a geographical sense, includes the states, the District of Columbia, and the possessions of the United States; and

(19) "Year" means "taxable year".

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

Amended by Act 2019, No. 910,§ 3700, eff. 7/1/2019.

Acts 1929, No. 118, Art. 1, § 2; Pope's Dig., § 14025; A.S.A. 1947, § 84-2002; Acts 1993, No. 785, §§ 2-5; 1995, No. 1160, § 17.
Ark. Code Ann. § 26-55-708 — AR Code / Title 26 / Chapter 55 / Subchapter 7 / Section 26-55-708
Registration of licensee's motor vehicles
Status: in_force

(a) (1) Before any motor vehicle with a gross loaded weight of twenty-six thousand one pounds (26,001 lbs.) or more is operated on the public highways of this state, the operation of which is subject to the tax levied by this subchapter, the Secretary of the Department of Finance and Administration shall issue to each permitted gasoline, diesel, and liquefied petroleum gas user a distinctive marking to be prominently displayed on the passenger door of each vehicle traveling the public highways within this state. (2) This marking shall be a nontransferable marking which shall be renewed on an annual basis. (b) Applications for gasoline, diesel, and liquefied petroleum gas users' permits must be on a form prescribed and furnished by the secretary, to include such relevant information as deemed necessary by the secretary, for the proper administration of this subchapter. (c) The secretary shall maintain a record of the quantity of markings issued each permitted user. Amended by Act 2019, No. 910,§ 3989, eff. 7/1/2019. Acts 1953, No. 112, § 6; 1979, No. 434, § 1; A.S.A. 1947, § 75-1154; Acts 1991, No. 928, § 1; 1993, No. 618, § 10.

(a) (1) Before any motor vehicle with a gross loaded weight of twenty-six thousand one pounds (26,001 lbs.) or more is operated on the public highways of this state, the operation of which is subject to the tax levied by this subchapter, the Secretary of the Department of Finance and Administration shall issue to each permitted gasoline, diesel, and liquefied petroleum gas user a distinctive marking to be prominently displayed on the passenger door of each vehicle traveling the public highways within this state. (2) This marking shall be a nontransferable marking which shall be renewed on an annual basis.

(1) Before any motor vehicle with a gross loaded weight of twenty-six thousand one pounds (26,001 lbs.) or more is operated on the public highways of this state, the operation of which is subject to the tax levied by this subchapter, the Secretary of the Department of Finance and Administration shall issue to each permitted gasoline, diesel, and liquefied petroleum gas user a distinctive marking to be prominently displayed on the passenger door of each vehicle traveling the public highways within this state.

(2) This marking shall be a nontransferable marking which shall be renewed on an annual basis.

(b) Applications for gasoline, diesel, and liquefied petroleum gas users' permits must be on a form prescribed and furnished by the secretary, to include such relevant information as deemed necessary by the secretary, for the proper administration of this subchapter.

(c) The secretary shall maintain a record of the quantity of markings issued each permitted user.

Amended by Act 2019, No. 910,§ 3989, eff. 7/1/2019.

Acts 1953, No. 112, § 6; 1979, No. 434, § 1; A.S.A. 1947, § 75-1154; Acts 1991, No. 928, § 1; 1993, No. 618, § 10.
Ark. Code Ann. § 26-35-606 — AR Code / Title 26 / Chapter 35 / Subchapter 6 / Section 26-35-606
Collection of real and personal property taxes - Definition
Status: in_force

(a) Any county collector may contract with one (1) or more financial institutions to act as his or her agents to receive real and personal property tax payments on his or her behalf. (b) Tax payments received under a contract as provided for in this section shall be collected at the same time and in the same manner as all other property tax payments, and no payments shall be collected after the last payment day established by law. (c) A financial institution receiving tax payments under a contract as provided for in this section, shall, on the first working day of each week, transmit to the county collector all property taxes received during the preceding week. (d) As used in this section, "financial institution" means any organization or enterprise which receives deposits and forwards checks, drafts, or orders for collection and which is subject to state rules or federal regulation. (e) Nothing in this section shall permit a county collector to make any payment to a financial institution for receiving real and personal property taxes as provided in this section. Amended by Act 2019, No. 315,§ 2960, eff. 7/24/2019. Acts 1991, No. 232, §§ 1-4.

(a) Any county collector may contract with one (1) or more financial institutions to act as his or her agents to receive real and personal property tax payments on his or her behalf.

(b) Tax payments received under a contract as provided for in this section shall be collected at the same time and in the same manner as all other property tax payments, and no payments shall be collected after the last payment day established by law.

(c) A financial institution receiving tax payments under a contract as provided for in this section, shall, on the first working day of each week, transmit to the county collector all property taxes received during the preceding week.

(d) As used in this section, "financial institution" means any organization or enterprise which receives deposits and forwards checks, drafts, or orders for collection and which is subject to state rules or federal regulation.

(e) Nothing in this section shall permit a county collector to make any payment to a financial institution for receiving real and personal property taxes as provided in this section.

Amended by Act 2019, No. 315,§ 2960, eff. 7/24/2019.

Acts 1991, No. 232, §§ 1-4.
Ark. Code Ann. § 26-34-108 — AR Code / Title 26 / Chapter 34 / Section 26-34-108
Suits against local taxing authorities
Status: in_force

(a) Whenever an action may be brought against any person holding the office of county collector, county assessor, or county clerk for performing or attempting to perform any duty or thing authorized by any of the provisions of this act or the laws of this state, for the collection of the public revenues, the county collector, county assessor, or county clerk shall be allowed and paid out of the county treasury reasonable fees of counsel and other expenses for defending the action or suit and the amount of any damages or costs adjudged against him or her. (b) The fees, expenses, damages, and costs shall be apportioned ratably by the county clerk among all the parties entitled to share the taxes so collected and shall be deducted by the county clerk from the shares or portions of revenue at any time payable to each, including, as one of the parties, the state itself, as well as the counties, townships, towns, or cities, and other corporations or other organizations entitled thereto as indicated. Acts 1883, No. 114, § 211, p. 199; C. & M. Dig., § 10182; Pope's Dig., § 13965; A.S.A. 1947, § 84-109.

(a) Whenever an action may be brought against any person holding the office of county collector, county assessor, or county clerk for performing or attempting to perform any duty or thing authorized by any of the provisions of this act or the laws of this state, for the collection of the public revenues, the county collector, county assessor, or county clerk shall be allowed and paid out of the county treasury reasonable fees of counsel and other expenses for defending the action or suit and the amount of any damages or costs adjudged against him or her.

(b) The fees, expenses, damages, and costs shall be apportioned ratably by the county clerk among all the parties entitled to share the taxes so collected and shall be deducted by the county clerk from the shares or portions of revenue at any time payable to each, including, as one of the parties, the state itself, as well as the counties, townships, towns, or cities, and other corporations or other organizations entitled thereto as indicated.

Acts 1883, No. 114, § 211, p. 199; C. & M. Dig., § 10182; Pope's Dig., § 13965; A.S.A. 1947, § 84-109.