Ark. Code Ann. § 26-51-1506 — AR Code / Title 26 / Chapter 51 / Subchapter 15 / Section 26-51-1506
Administration
Status: in_force

(a) The Arkansas Natural Resources Commission is charged with the responsibility of promulgating and administering rules related to the creation, restoration, and conservation of wetlands and riparian zones with the intent of qualifying for the tax credits provided for in this subchapter. (b) (1) The commission may charge a reasonable application fee for the processing of tax credit applications. (2) All fees collected shall be deposited into the Arkansas Water Development Fund. Amended by Act 2023, No. 691,§ 212, eff. 7/1/2023. Amended by Act 2021, No. 483,§ 13, eff. 7/28/2021. Acts 1995, No. 561, § 5; 2009, No. 351, § 7.

(a) The Arkansas Natural Resources Commission is charged with the responsibility of promulgating and administering rules related to the creation, restoration, and conservation of wetlands and riparian zones with the intent of qualifying for the tax credits provided for in this subchapter.

(b) (1) The commission may charge a reasonable application fee for the processing of tax credit applications. (2) All fees collected shall be deposited into the Arkansas Water Development Fund.

(1) The commission may charge a reasonable application fee for the processing of tax credit applications.

(2) All fees collected shall be deposited into the Arkansas Water Development Fund.

Amended by Act 2023, No. 691,§ 212, eff. 7/1/2023.

Amended by Act 2021, No. 483,§ 13, eff. 7/28/2021.

Acts 1995, No. 561, § 5; 2009, No. 351, § 7.
Ark. Code Ann. § 26-26-1110 — AR Code / Title 26 / Chapter 26 / Subchapter 11 / Section 26-26-1110
Mineral rights - Definitions
Status: in_force

(a) (1) As used in this section: (A) "Oil well" means a producing unit well or well that produces: (i) Only liquid hydrocarbons; (ii) Liquid hydrocarbons associated with the production of gas; or (iii) Gas associated with the production of liquid hydrocarbons; and (B) "Production equipment" means all piping and other equipment of an oil well from the bottom of the casing to and including the sales valve at the tank battery. (2) The county assessor shall assess all producing mineral interests in the county. (3) (A) The county assessor shall assess the mineral interests in the land separate from the fee simple interest in the land when the: (i) Mineral interests in the land are held by one (1) or more persons that are different from the person or persons holding the fee simple interest; and (ii) County assessor is advised of the separate holdings by the recording of a deed in the county recorder's office. (B) When subdivision (a)(3)(A) of this section applies, a sale of the mineral interests for nonpayment of taxes shall not affect the title to the land itself, nor shall a sale of the land for nonpayment of taxes affect the title to the mineral interests. (4) (A) The county assessor shall assess all production equipment as real property. (B) (i) Except as stated under subdivision (a)(4)(B)(ii) of this section, when assessing the value of production equipment, the county assessor shall assess the production equipment at a value of one dollar ($1.00) per foot. (ii) Any portion of the casing in a well that has been rendered inoperable for producing oil or gas by a cement or mechanical plug shall not be subject to taxation. (5) If an oil well reported production in a prior year and reports an annual increase in average daily production, the annual increase in average daily production shall be assessed as newly discovered property only if the annual increase in average daily production is solely attributable to new production from a geologic zone or horizon that was not produced in a prior year from the existing oil well. (6) (A) In calculating the working interest-assessed value of an oil well, the county assessor shall apply a uniform expense allowance per barrel of oil produced without regard to the average daily production of the oil well. (B) The expense allowance under subdivision (a)(6)(A) of this section shall be based as nearly as practicable on actual expenses per barrel of oil produced. (7) In assessing the value of an oil well based on an income approach, the income shall be based on the actual average price per barrel of oil in Arkansas during the immediately preceding calendar year. (8) All formulas, valuation tables, and guidance that are published or provided to the county assessors by the Assessment Coordination Division to be used in the valuation and appraisal of mineral rights for ad valorem tax purposes shall comply with the requirements of this section. (b) When any mineral rights assessed as set out in subsection (a) of this section become forfeited on account of nonpayment of taxes, they shall, in all things, be certified to and redeemed in the same manner as is provided for the certification and redemption of real estate upon which taxes duly assessed have not been paid. (c) (1) Because of the difficulty of ascertaining the value of a nonproducing mineral right and in order to ensure equal and uniform taxation throughout the state, a nonproducing mineral right has zero (0) value for the purpose of property tax assessment and is included in the value of the fee simple interest assessed. (2) If the fee simple in the land and the nonproducing mineral right that has zero (0) value as determined under subdivision (c)(1) of this section are owned by different persons, there is no property tax due on the mineral right. (3) For a nonproducing mineral right that has zero (0) value as determined under subdivision (c)(1) of this section, the mineral right owner may agree to a voluntary property tax assessment of the mineral right and pay a property tax according to rules established by the Assessment Coordination Division with the assistance of the Arkansas Assessors' Association. (4) When a nonproducing mineral right begins producing minerals, the mineral right shall be assessed for tax purposes in accordance with rules established by the Assessment Coordination Division. (d) (1) (A) If the Assessment Coordination Division determines that a county assessor has failed to assess mineral interests as required under this section, the Assessment Coordination Division shall notify the county assessor by certified mail with copies to the: (i) County equalization board; (ii) County judge; (iii) County quorum court; and (iv) Reappraisal contractor, if applicable. (B) In addition, the notice may provide that state reappraisal reimbursement funds to the county may be withheld pending the outcome of a hearing if a hearing is requested by the county assessor within thirty (30) days from the date of the notice. (2) (A) The county assessor may waive the right to a hearing and within thirty (30) days from the date of the notice agree to complete corrective action as required by the Assessment Coordination Division and return a signed and dated compliance verification form to the Assessment Coordination Division. (B) Upon receipt of the signed and dated compliance verification form, the Assessment Coordination Division shall release any withheld state reappraisal reimbursement funds and resume regular payments. (3) Termination of state reappraisal reimbursement funds may occur if the county assessor fails to: (A) Either request a hearing or return the signed and dated compliance verification form within thirty (30) days from the date of the notice; or (B) Complete the corrective action within the time provided in the compliance verification form. (e) (1) (A) Except as otherwise provided in this subsection, if mineral rights are subject to a division order or declaration of interest, the division order or declaration of interest reflecting ownership interest as of January 1 of the assessment year shall be: (i) In a common electronic workbook format established by the Assessment Coordination Division; and (ii) Submitted electronically by the distributor of the proceeds derived from the sale of minerals produced from the subject ownership interest to the county assessor annually by March 31. (B) A producer or operator of ten (10) or fewer producing wells is not required to submit a division order or declaration of interest in an electronic format but shall submit a division order or declaration of interest reflecting ownership interest that is in substantial compliance with the format established by the Assessment Coordination Division under subdivision (e)(1)(A) of this section. (2) (A) A county assessor shall assess a penalty on a producer or operator equal to ten percent (10%) of the property taxes due on the mineral interests contained in a division order or declaration of interest that was not submitted as required under this subsection by April 15. (B) A penalty assessed under this section shall be: (i) Collected by the county collector in the same manner as other penalties related to property taxes; and (ii) Paid into a late assessment fee fund established on the books of the county treasurer for the county assessor. (3) A division order or declaration of interest submitted to a county assessor under this subsection is exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq. (4) A producer or operator that pays one hundred percent (100%) of the property taxes due on assessed mineral interests: (A) Is not subject to the requirements of subdivision (e)(1) of this section; and (B) Shall provide written notice of the producer's or operator's intent to submit a division order or declaration of interest under subdivision (e)(1) of this section that applies to the assessed mineral interests at least six (6) months before the division order or declaration of interest is submitted under subdivision (e)(1) of this section. Amended by Act 2021, No. 668,§ 1, eff. for assessment years beginning on or after January 1, 2022. Amended by Act 2019, No. 538,§ 1, eff. for assessment years beginning on or after 1/1/2020. Acts 1897, No. 30, § 1, p. 38; C. & M. Dig., § 9856; Acts 1929, No. 221, § 1; Pope's Dig., § 13600; A.S.A. 1947, § 84-203; Acts 2009, No. 421, § 1; 2011, No. 867, §§ 1, 2.

(a) (1) As used in this section: (A) "Oil well" means a producing unit well or well that produces: (i) Only liquid hydrocarbons; (ii) Liquid hydrocarbons associated with the production of gas; or (iii) Gas associated with the production of liquid hydrocarbons; and (B) "Production equipment" means all piping and other equipment of an oil well from the bottom of the casing to and including the sales valve at the tank battery. (2) The county assessor shall assess all producing mineral interests in the county. (3) (A) The county assessor shall assess the mineral interests in the land separate from the fee simple interest in the land when the: (i) Mineral interests in the land are held by one (1) or more persons that are different from the person or persons holding the fee simple interest; and (ii) County assessor is advised of the separate holdings by the recording of a deed in the county recorder's office. (B) When subdivision (a)(3)(A) of this section applies, a sale of the mineral interests for nonpayment of taxes shall not affect the title to the land itself, nor shall a sale of the land for nonpayment of taxes affect the title to the mineral interests. (4) (A) The county assessor shall assess all production equipment as real property. (B) (i) Except as stated under subdivision (a)(4)(B)(ii) of this section, when assessing the value of production equipment, the county assessor shall assess the production equipment at a value of one dollar ($1.00) per foot. (ii) Any portion of the casing in a well that has been rendered inoperable for producing oil or gas by a cement or mechanical plug shall not be subject to taxation. (5) If an oil well reported production in a prior year and reports an annual increase in average daily production, the annual increase in average daily production shall be assessed as newly discovered property only if the annual increase in average daily production is solely attributable to new production from a geologic zone or horizon that was not produced in a prior year from the existing oil well. (6) (A) In calculating the working interest-assessed value of an oil well, the county assessor shall apply a uniform expense allowance per barrel of oil produced without regard to the average daily production of the oil well. (B) The expense allowance under subdivision (a)(6)(A) of this section shall be based as nearly as practicable on actual expenses per barrel of oil produced. (7) In assessing the value of an oil well based on an income approach, the income shall be based on the actual average price per barrel of oil in Arkansas during the immediately preceding calendar year. (8) All formulas, valuation tables, and guidance that are published or provided to the county assessors by the Assessment Coordination Division to be used in the valuation and appraisal of mineral rights for ad valorem tax purposes shall comply with the requirements of this section.

(1) As used in this section: (A) "Oil well" means a producing unit well or well that produces: (i) Only liquid hydrocarbons; (ii) Liquid hydrocarbons associated with the production of gas; or (iii) Gas associated with the production of liquid hydrocarbons; and (B) "Production equipment" means all piping and other equipment of an oil well from the bottom of the casing to and including the sales valve at the tank battery.

(A) "Oil well" means a producing unit well or well that produces: (i) Only liquid hydrocarbons; (ii) Liquid hydrocarbons associated with the production of gas; or (iii) Gas associated with the production of liquid hydrocarbons; and

(i) Only liquid hydrocarbons;

(ii) Liquid hydrocarbons associated with the production of gas; or

(iii) Gas associated with the production of liquid hydrocarbons; and

(B) "Production equipment" means all piping and other equipment of an oil well from the bottom of the casing to and including the sales valve at the tank battery.

(2) The county assessor shall assess all producing mineral interests in the county.

(3) (A) The county assessor shall assess the mineral interests in the land separate from the fee simple interest in the land when the: (i) Mineral interests in the land are held by one (1) or more persons that are different from the person or persons holding the fee simple interest; and (ii) County assessor is advised of the separate holdings by the recording of a deed in the county recorder's office. (B) When subdivision (a)(3)(A) of this section applies, a sale of the mineral interests for nonpayment of taxes shall not affect the title to the land itself, nor shall a sale of the land for nonpayment of taxes affect the title to the mineral interests.

(A) The county assessor shall assess the mineral interests in the land separate from the fee simple interest in the land when the: (i) Mineral interests in the land are held by one (1) or more persons that are different from the person or persons holding the fee simple interest; and (ii) County assessor is advised of the separate holdings by the recording of a deed in the county recorder's office.

(i) Mineral interests in the land are held by one (1) or more persons that are different from the person or persons holding the fee simple interest; and

(ii) County assessor is advised of the separate holdings by the recording of a deed in the county recorder's office.

(B) When subdivision (a)(3)(A) of this section applies, a sale of the mineral interests for nonpayment of taxes shall not affect the title to the land itself, nor shall a sale of the land for nonpayment of taxes affect the title to the mineral interests.

(4) (A) The county assessor shall assess all production equipment as real property. (B) (i) Except as stated under subdivision (a)(4)(B)(ii) of this section, when assessing the value of production equipment, the county assessor shall assess the production equipment at a value of one dollar ($1.00) per foot. (ii) Any portion of the casing in a well that has been rendered inoperable for producing oil or gas by a cement or mechanical plug shall not be subject to taxation.

(A) The county assessor shall assess all production equipment as real property.

(B) (i) Except as stated under subdivision (a)(4)(B)(ii) of this section, when assessing the value of production equipment, the county assessor shall assess the production equipment at a value of one dollar ($1.00) per foot. (ii) Any portion of the casing in a well that has been rendered inoperable for producing oil or gas by a cement or mechanical plug shall not be subject to taxation.

(i) Except as stated under subdivision (a)(4)(B)(ii) of this section, when assessing the value of production equipment, the county assessor shall assess the production equipment at a value of one dollar ($1.00) per foot.

(ii) Any portion of the casing in a well that has been rendered inoperable for producing oil or gas by a cement or mechanical plug shall not be subject to taxation.

(5) If an oil well reported production in a prior year and reports an annual increase in average daily production, the annual increase in average daily production shall be assessed as newly discovered property only if the annual increase in average daily production is solely attributable to new production from a geologic zone or horizon that was not produced in a prior year from the existing oil well.

(6) (A) In calculating the working interest-assessed value of an oil well, the county assessor shall apply a uniform expense allowance per barrel of oil produced without regard to the average daily production of the oil well. (B) The expense allowance under subdivision (a)(6)(A) of this section shall be based as nearly as practicable on actual expenses per barrel of oil produced.

(A) In calculating the working interest-assessed value of an oil well, the county assessor shall apply a uniform expense allowance per barrel of oil produced without regard to the average daily production of the oil well.

(B) The expense allowance under subdivision (a)(6)(A) of this section shall be based as nearly as practicable on actual expenses per barrel of oil produced.

(7) In assessing the value of an oil well based on an income approach, the income shall be based on the actual average price per barrel of oil in Arkansas during the immediately preceding calendar year.

(8) All formulas, valuation tables, and guidance that are published or provided to the county assessors by the Assessment Coordination Division to be used in the valuation and appraisal of mineral rights for ad valorem tax purposes shall comply with the requirements of this section.

(b) When any mineral rights assessed as set out in subsection (a) of this section become forfeited on account of nonpayment of taxes, they shall, in all things, be certified to and redeemed in the same manner as is provided for the certification and redemption of real estate upon which taxes duly assessed have not been paid.

(c) (1) Because of the difficulty of ascertaining the value of a nonproducing mineral right and in order to ensure equal and uniform taxation throughout the state, a nonproducing mineral right has zero (0) value for the purpose of property tax assessment and is included in the value of the fee simple interest assessed. (2) If the fee simple in the land and the nonproducing mineral right that has zero (0) value as determined under subdivision (c)(1) of this section are owned by different persons, there is no property tax due on the mineral right. (3) For a nonproducing mineral right that has zero (0) value as determined under subdivision (c)(1) of this section, the mineral right owner may agree to a voluntary property tax assessment of the mineral right and pay a property tax according to rules established by the Assessment Coordination Division with the assistance of the Arkansas Assessors' Association. (4) When a nonproducing mineral right begins producing minerals, the mineral right shall be assessed for tax purposes in accordance with rules established by the Assessment Coordination Division.

(1) Because of the difficulty of ascertaining the value of a nonproducing mineral right and in order to ensure equal and uniform taxation throughout the state, a nonproducing mineral right has zero (0) value for the purpose of property tax assessment and is included in the value of the fee simple interest assessed.

(2) If the fee simple in the land and the nonproducing mineral right that has zero (0) value as determined under subdivision (c)(1) of this section are owned by different persons, there is no property tax due on the mineral right.

(3) For a nonproducing mineral right that has zero (0) value as determined under subdivision (c)(1) of this section, the mineral right owner may agree to a voluntary property tax assessment of the mineral right and pay a property tax according to rules established by the Assessment Coordination Division with the assistance of the Arkansas Assessors' Association.

(4) When a nonproducing mineral right begins producing minerals, the mineral right shall be assessed for tax purposes in accordance with rules established by the Assessment Coordination Division.

(d) (1) (A) If the Assessment Coordination Division determines that a county assessor has failed to assess mineral interests as required under this section, the Assessment Coordination Division shall notify the county assessor by certified mail with copies to the: (i) County equalization board; (ii) County judge; (iii) County quorum court; and (iv) Reappraisal contractor, if applicable. (B) In addition, the notice may provide that state reappraisal reimbursement funds to the county may be withheld pending the outcome of a hearing if a hearing is requested by the county assessor within thirty (30) days from the date of the notice. (2) (A) The county assessor may waive the right to a hearing and within thirty (30) days from the date of the notice agree to complete corrective action as required by the Assessment Coordination Division and return a signed and dated compliance verification form to the Assessment Coordination Division. (B) Upon receipt of the signed and dated compliance verification form, the Assessment Coordination Division shall release any withheld state reappraisal reimbursement funds and resume regular payments. (3) Termination of state reappraisal reimbursement funds may occur if the county assessor fails to: (A) Either request a hearing or return the signed and dated compliance verification form within thirty (30) days from the date of the notice; or (B) Complete the corrective action within the time provided in the compliance verification form.

(1) (A) If the Assessment Coordination Division determines that a county assessor has failed to assess mineral interests as required under this section, the Assessment Coordination Division shall notify the county assessor by certified mail with copies to the: (i) County equalization board; (ii) County judge; (iii) County quorum court; and (iv) Reappraisal contractor, if applicable. (B) In addition, the notice may provide that state reappraisal reimbursement funds to the county may be withheld pending the outcome of a hearing if a hearing is requested by the county assessor within thirty (30) days from the date of the notice.

(A) If the Assessment Coordination Division determines that a county assessor has failed to assess mineral interests as required under this section, the Assessment Coordination Division shall notify the county assessor by certified mail with copies to the: (i) County equalization board; (ii) County judge; (iii) County quorum court; and (iv) Reappraisal contractor, if applicable.

(i) County equalization board;

(ii) County judge;

(iii) County quorum court; and

(iv) Reappraisal contractor, if applicable.

(B) In addition, the notice may provide that state reappraisal reimbursement funds to the county may be withheld pending the outcome of a hearing if a hearing is requested by the county assessor within thirty (30) days from the date of the notice.

(2) (A) The county assessor may waive the right to a hearing and within thirty (30) days from the date of the notice agree to complete corrective action as required by the Assessment Coordination Division and return a signed and dated compliance verification form to the Assessment Coordination Division. (B) Upon receipt of the signed and dated compliance verification form, the Assessment Coordination Division shall release any withheld state reappraisal reimbursement funds and resume regular payments.

(A) The county assessor may waive the right to a hearing and within thirty (30) days from the date of the notice agree to complete corrective action as required by the Assessment Coordination Division and return a signed and dated compliance verification form to the Assessment Coordination Division.

(B) Upon receipt of the signed and dated compliance verification form, the Assessment Coordination Division shall release any withheld state reappraisal reimbursement funds and resume regular payments.

(3) Termination of state reappraisal reimbursement funds may occur if the county assessor fails to: (A) Either request a hearing or return the signed and dated compliance verification form within thirty (30) days from the date of the notice; or (B) Complete the corrective action within the time provided in the compliance verification form.

(A) Either request a hearing or return the signed and dated compliance verification form within thirty (30) days from the date of the notice; or

(B) Complete the corrective action within the time provided in the compliance verification form.

(e) (1) (A) Except as otherwise provided in this subsection, if mineral rights are subject to a division order or declaration of interest, the division order or declaration of interest reflecting ownership interest as of January 1 of the assessment year shall be: (i) In a common electronic workbook format established by the Assessment Coordination Division; and (ii) Submitted electronically by the distributor of the proceeds derived from the sale of minerals produced from the subject ownership interest to the county assessor annually by March 31. (B) A producer or operator of ten (10) or fewer producing wells is not required to submit a division order or declaration of interest in an electronic format but shall submit a division order or declaration of interest reflecting ownership interest that is in substantial compliance with the format established by the Assessment Coordination Division under subdivision (e)(1)(A) of this section. (2) (A) A county assessor shall assess a penalty on a producer or operator equal to ten percent (10%) of the property taxes due on the mineral interests contained in a division order or declaration of interest that was not submitted as required under this subsection by April 15. (B) A penalty assessed under this section shall be: (i) Collected by the county collector in the same manner as other penalties related to property taxes; and (ii) Paid into a late assessment fee fund established on the books of the county treasurer for the county assessor. (3) A division order or declaration of interest submitted to a county assessor under this subsection is exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq. (4) A producer or operator that pays one hundred percent (100%) of the property taxes due on assessed mineral interests: (A) Is not subject to the requirements of subdivision (e)(1) of this section; and (B) Shall provide written notice of the producer's or operator's intent to submit a division order or declaration of interest under subdivision (e)(1) of this section that applies to the assessed mineral interests at least six (6) months before the division order or declaration of interest is submitted under subdivision (e)(1) of this section.

(1) (A) Except as otherwise provided in this subsection, if mineral rights are subject to a division order or declaration of interest, the division order or declaration of interest reflecting ownership interest as of January 1 of the assessment year shall be: (i) In a common electronic workbook format established by the Assessment Coordination Division; and (ii) Submitted electronically by the distributor of the proceeds derived from the sale of minerals produced from the subject ownership interest to the county assessor annually by March 31. (B) A producer or operator of ten (10) or fewer producing wells is not required to submit a division order or declaration of interest in an electronic format but shall submit a division order or declaration of interest reflecting ownership interest that is in substantial compliance with the format established by the Assessment Coordination Division under subdivision (e)(1)(A) of this section.

(A) Except as otherwise provided in this subsection, if mineral rights are subject to a division order or declaration of interest, the division order or declaration of interest reflecting ownership interest as of January 1 of the assessment year shall be: (i) In a common electronic workbook format established by the Assessment Coordination Division; and (ii) Submitted electronically by the distributor of the proceeds derived from the sale of minerals produced from the subject ownership interest to the county assessor annually by March 31.

(i) In a common electronic workbook format established by the Assessment Coordination Division; and

(ii) Submitted electronically by the distributor of the proceeds derived from the sale of minerals produced from the subject ownership interest to the county assessor annually by March 31.

(B) A producer or operator of ten (10) or fewer producing wells is not required to submit a division order or declaration of interest in an electronic format but shall submit a division order or declaration of interest reflecting ownership interest that is in substantial compliance with the format established by the Assessment Coordination Division under subdivision (e)(1)(A) of this section.

(2) (A) A county assessor shall assess a penalty on a producer or operator equal to ten percent (10%) of the property taxes due on the mineral interests contained in a division order or declaration of interest that was not submitted as required under this subsection by April 15. (B) A penalty assessed under this section shall be: (i) Collected by the county collector in the same manner as other penalties related to property taxes; and (ii) Paid into a late assessment fee fund established on the books of the county treasurer for the county assessor.

(A) A county assessor shall assess a penalty on a producer or operator equal to ten percent (10%) of the property taxes due on the mineral interests contained in a division order or declaration of interest that was not submitted as required under this subsection by April 15.

(B) A penalty assessed under this section shall be: (i) Collected by the county collector in the same manner as other penalties related to property taxes; and (ii) Paid into a late assessment fee fund established on the books of the county treasurer for the county assessor.

(i) Collected by the county collector in the same manner as other penalties related to property taxes; and

(ii) Paid into a late assessment fee fund established on the books of the county treasurer for the county assessor.

(3) A division order or declaration of interest submitted to a county assessor under this subsection is exempt from the Freedom of Information Act of 1967, § 25-19-101 et seq.

(4) A producer or operator that pays one hundred percent (100%) of the property taxes due on assessed mineral interests: (A) Is not subject to the requirements of subdivision (e)(1) of this section; and (B) Shall provide written notice of the producer's or operator's intent to submit a division order or declaration of interest under subdivision (e)(1) of this section that applies to the assessed mineral interests at least six (6) months before the division order or declaration of interest is submitted under subdivision (e)(1) of this section.

(A) Is not subject to the requirements of subdivision (e)(1) of this section; and

(B) Shall provide written notice of the producer's or operator's intent to submit a division order or declaration of interest under subdivision (e)(1) of this section that applies to the assessed mineral interests at least six (6) months before the division order or declaration of interest is submitted under subdivision (e)(1) of this section.

Amended by Act 2021, No. 668,§ 1, eff. for assessment years beginning on or after January 1, 2022.

Amended by Act 2019, No. 538,§ 1, eff. for assessment years beginning on or after 1/1/2020.

Acts 1897, No. 30, § 1, p. 38; C. & M. Dig., § 9856; Acts 1929, No. 221, § 1; Pope's Dig., § 13600; A.S.A. 1947, § 84-203; Acts 2009, No. 421, § 1; 2011, No. 867, §§ 1, 2.
Ark. Code Ann. § 26-57-902 — AR Code / Title 26 / Chapter 57 / Subchapter 9 / Section 26-57-902
Definitions
Status: in_force

(a) Terms used in this subchapter which are defined by the Arkansas Tax Procedure Act, § 26-18-101 et seq., shall have the meaning set out in the Arkansas Tax Procedure Act, § 26-18-101 et seq., unless otherwise provided or unless a different meaning is required by the use of the term. (b) As used in this subchapter: (1) "Bottle" means any closed or sealed glass, metal, paper, plastic, or any other type of container regardless of the size or shape of the container; (2) "Bottled soft drinks" means any complete, ready to consume, nonalcoholic drink, whether carbonated or not, commonly referred to as a "soft drink", contained in any bottle; (3) "Distributor, manufacturer, or wholesale dealer" means any person who receives, stores, manufactures, bottles, or sells bottled soft drinks, soft drink syrups, simple syrups, or powders, or base products for mixing, compounding, or making soft drinks for sale to retail dealers, other manufacturers, wholesale dealers, or distributors for resale purposes; (4) "Milk" means: (A) Natural liquid milk, regardless of animal source or butterfat content; (B) Natural milk concentrate, whether or not reconstituted, regardless of animal source or butterfat content; or (C) Dehydrated natural milk, whether or not reconstituted; (5) "Natural fruit juice" means the: (A) Original liquid resulting from the pressing of fruit; (B) Liquid resulting from the reconstitution of natural fruit juice concentrate; or (C) Liquid resulting from the restoration of water to dehydrated natural fruit juice; (6) "Natural vegetable juice" means the: (A) Original liquid resulting from the pressing of vegetables; (B) Liquid resulting from the reconstitution of natural vegetable juice concentrate; or (C) Liquid resulting from the restoration of water to dehydrated natural vegetable juice; (7) "Nonalcoholic beverage" means and includes all beverages not subject to tax under § 3-7-104 ; (8) "Place of business" means any place: (A) Where soft drinks, syrups, simple syrups, powder, or base products are manufactured; or (B) Where bottled soft drinks, soft drink syrup, simple syrup, soft drink powder, or other soft drink base product, or any other item taxed under this subchapter is received; (9) "Powder" or "other base" means a solid mixture of basic ingredients used in making, mixing, or compounding soft drinks by mixing the powder or other base with water, ice, syrup or simple syrup, fruits, vegetables, fruit juice, vegetable juice, or any other product suitable to make a complete soft drink; (10) "Retailer" or "retail dealer" means any person, other than a manufacturer, distributor, or wholesaler, who receives, stores, mixes, compounds, or manufactures any soft drink and sells or otherwise dispenses the soft drink to the ultimate consumer; (11) (A) "Sale" means the transfer of title or possession for a valuable consideration of tangible personal property regardless of the manner by which the transfer is accomplished. (B) When a retailer is also acting as a wholesaler or distributor, the duty to report and pay the tax imposed by this subchapter arises when the property is transferred to a retail store for sale to the ultimate consumer, as reflected by the records of the taxpayer; (12) "Simple syrup" means a mixture of sugar and water; (13) (A) "Soft drink" means any nonalcoholic beverage sold for human consumption including, but not limited to, the following: (i) Soda water; (ii) Ginger ale; (iii) All drinks commonly referred to as "cola"; (iv) Lime, lemon, lemon-lime, and other flavored drinks, whether naturally or artificially flavored, including any fruit or vegetable drink containing ten percent (10%) or less natural fruit juice or natural vegetable juice; and (v) All other drinks and beverages commonly referred to as "soft drinks". (B) "Soft drink" does not include coffee or tea unless the coffee or tea is bottled as a liquid for sale; and (14) "Syrup" means the liquid mixture of basic ingredients used in making, mixing, or compounding soft drinks by mixing the syrup with water, simple syrup, ice, fruits, vegetables, fruit juice, vegetable juice, or any other product suitable to make a complete soft drink. Amended by Act 2019, No. 910,§ 4193, eff. 7/1/2019. Acts 1992 (2nd Ex. Sess.), No. 7, § 2.

(a) Terms used in this subchapter which are defined by the Arkansas Tax Procedure Act, § 26-18-101 et seq., shall have the meaning set out in the Arkansas Tax Procedure Act, § 26-18-101 et seq., unless otherwise provided or unless a different meaning is required by the use of the term.

(b) As used in this subchapter: (1) "Bottle" means any closed or sealed glass, metal, paper, plastic, or any other type of container regardless of the size or shape of the container; (2) "Bottled soft drinks" means any complete, ready to consume, nonalcoholic drink, whether carbonated or not, commonly referred to as a "soft drink", contained in any bottle; (3) "Distributor, manufacturer, or wholesale dealer" means any person who receives, stores, manufactures, bottles, or sells bottled soft drinks, soft drink syrups, simple syrups, or powders, or base products for mixing, compounding, or making soft drinks for sale to retail dealers, other manufacturers, wholesale dealers, or distributors for resale purposes; (4) "Milk" means: (A) Natural liquid milk, regardless of animal source or butterfat content; (B) Natural milk concentrate, whether or not reconstituted, regardless of animal source or butterfat content; or (C) Dehydrated natural milk, whether or not reconstituted; (5) "Natural fruit juice" means the: (A) Original liquid resulting from the pressing of fruit; (B) Liquid resulting from the reconstitution of natural fruit juice concentrate; or (C) Liquid resulting from the restoration of water to dehydrated natural fruit juice; (6) "Natural vegetable juice" means the: (A) Original liquid resulting from the pressing of vegetables; (B) Liquid resulting from the reconstitution of natural vegetable juice concentrate; or (C) Liquid resulting from the restoration of water to dehydrated natural vegetable juice; (7) "Nonalcoholic beverage" means and includes all beverages not subject to tax under § 3-7-104 ; (8) "Place of business" means any place: (A) Where soft drinks, syrups, simple syrups, powder, or base products are manufactured; or (B) Where bottled soft drinks, soft drink syrup, simple syrup, soft drink powder, or other soft drink base product, or any other item taxed under this subchapter is received; (9) "Powder" or "other base" means a solid mixture of basic ingredients used in making, mixing, or compounding soft drinks by mixing the powder or other base with water, ice, syrup or simple syrup, fruits, vegetables, fruit juice, vegetable juice, or any other product suitable to make a complete soft drink; (10) "Retailer" or "retail dealer" means any person, other than a manufacturer, distributor, or wholesaler, who receives, stores, mixes, compounds, or manufactures any soft drink and sells or otherwise dispenses the soft drink to the ultimate consumer; (11) (A) "Sale" means the transfer of title or possession for a valuable consideration of tangible personal property regardless of the manner by which the transfer is accomplished. (B) When a retailer is also acting as a wholesaler or distributor, the duty to report and pay the tax imposed by this subchapter arises when the property is transferred to a retail store for sale to the ultimate consumer, as reflected by the records of the taxpayer; (12) "Simple syrup" means a mixture of sugar and water; (13) (A) "Soft drink" means any nonalcoholic beverage sold for human consumption including, but not limited to, the following: (i) Soda water; (ii) Ginger ale; (iii) All drinks commonly referred to as "cola"; (iv) Lime, lemon, lemon-lime, and other flavored drinks, whether naturally or artificially flavored, including any fruit or vegetable drink containing ten percent (10%) or less natural fruit juice or natural vegetable juice; and (v) All other drinks and beverages commonly referred to as "soft drinks". (B) "Soft drink" does not include coffee or tea unless the coffee or tea is bottled as a liquid for sale; and (14) "Syrup" means the liquid mixture of basic ingredients used in making, mixing, or compounding soft drinks by mixing the syrup with water, simple syrup, ice, fruits, vegetables, fruit juice, vegetable juice, or any other product suitable to make a complete soft drink.

(1) "Bottle" means any closed or sealed glass, metal, paper, plastic, or any other type of container regardless of the size or shape of the container;

(2) "Bottled soft drinks" means any complete, ready to consume, nonalcoholic drink, whether carbonated or not, commonly referred to as a "soft drink", contained in any bottle;

(3) "Distributor, manufacturer, or wholesale dealer" means any person who receives, stores, manufactures, bottles, or sells bottled soft drinks, soft drink syrups, simple syrups, or powders, or base products for mixing, compounding, or making soft drinks for sale to retail dealers, other manufacturers, wholesale dealers, or distributors for resale purposes;

(4) "Milk" means: (A) Natural liquid milk, regardless of animal source or butterfat content; (B) Natural milk concentrate, whether or not reconstituted, regardless of animal source or butterfat content; or (C) Dehydrated natural milk, whether or not reconstituted;

(A) Natural liquid milk, regardless of animal source or butterfat content;

(B) Natural milk concentrate, whether or not reconstituted, regardless of animal source or butterfat content; or

(C) Dehydrated natural milk, whether or not reconstituted;

(5) "Natural fruit juice" means the: (A) Original liquid resulting from the pressing of fruit; (B) Liquid resulting from the reconstitution of natural fruit juice concentrate; or (C) Liquid resulting from the restoration of water to dehydrated natural fruit juice;

(A) Original liquid resulting from the pressing of fruit;

(B) Liquid resulting from the reconstitution of natural fruit juice concentrate; or

(C) Liquid resulting from the restoration of water to dehydrated natural fruit juice;

(6) "Natural vegetable juice" means the: (A) Original liquid resulting from the pressing of vegetables; (B) Liquid resulting from the reconstitution of natural vegetable juice concentrate; or (C) Liquid resulting from the restoration of water to dehydrated natural vegetable juice;

(A) Original liquid resulting from the pressing of vegetables;

(B) Liquid resulting from the reconstitution of natural vegetable juice concentrate; or

(C) Liquid resulting from the restoration of water to dehydrated natural vegetable juice;

(7) "Nonalcoholic beverage" means and includes all beverages not subject to tax under § 3-7-104 ;

(8) "Place of business" means any place: (A) Where soft drinks, syrups, simple syrups, powder, or base products are manufactured; or (B) Where bottled soft drinks, soft drink syrup, simple syrup, soft drink powder, or other soft drink base product, or any other item taxed under this subchapter is received;

(A) Where soft drinks, syrups, simple syrups, powder, or base products are manufactured; or

(B) Where bottled soft drinks, soft drink syrup, simple syrup, soft drink powder, or other soft drink base product, or any other item taxed under this subchapter is received;

(9) "Powder" or "other base" means a solid mixture of basic ingredients used in making, mixing, or compounding soft drinks by mixing the powder or other base with water, ice, syrup or simple syrup, fruits, vegetables, fruit juice, vegetable juice, or any other product suitable to make a complete soft drink;

(10) "Retailer" or "retail dealer" means any person, other than a manufacturer, distributor, or wholesaler, who receives, stores, mixes, compounds, or manufactures any soft drink and sells or otherwise dispenses the soft drink to the ultimate consumer;

(11) (A) "Sale" means the transfer of title or possession for a valuable consideration of tangible personal property regardless of the manner by which the transfer is accomplished. (B) When a retailer is also acting as a wholesaler or distributor, the duty to report and pay the tax imposed by this subchapter arises when the property is transferred to a retail store for sale to the ultimate consumer, as reflected by the records of the taxpayer;

(A) "Sale" means the transfer of title or possession for a valuable consideration of tangible personal property regardless of the manner by which the transfer is accomplished.

(B) When a retailer is also acting as a wholesaler or distributor, the duty to report and pay the tax imposed by this subchapter arises when the property is transferred to a retail store for sale to the ultimate consumer, as reflected by the records of the taxpayer;

(12) "Simple syrup" means a mixture of sugar and water;

(13) (A) "Soft drink" means any nonalcoholic beverage sold for human consumption including, but not limited to, the following: (i) Soda water; (ii) Ginger ale; (iii) All drinks commonly referred to as "cola"; (iv) Lime, lemon, lemon-lime, and other flavored drinks, whether naturally or artificially flavored, including any fruit or vegetable drink containing ten percent (10%) or less natural fruit juice or natural vegetable juice; and (v) All other drinks and beverages commonly referred to as "soft drinks". (B) "Soft drink" does not include coffee or tea unless the coffee or tea is bottled as a liquid for sale; and

(A) "Soft drink" means any nonalcoholic beverage sold for human consumption including, but not limited to, the following: (i) Soda water; (ii) Ginger ale; (iii) All drinks commonly referred to as "cola"; (iv) Lime, lemon, lemon-lime, and other flavored drinks, whether naturally or artificially flavored, including any fruit or vegetable drink containing ten percent (10%) or less natural fruit juice or natural vegetable juice; and (v) All other drinks and beverages commonly referred to as "soft drinks".

(i) Soda water;

(ii) Ginger ale;

(iii) All drinks commonly referred to as "cola";

(iv) Lime, lemon, lemon-lime, and other flavored drinks, whether naturally or artificially flavored, including any fruit or vegetable drink containing ten percent (10%) or less natural fruit juice or natural vegetable juice; and

(v) All other drinks and beverages commonly referred to as "soft drinks".

(B) "Soft drink" does not include coffee or tea unless the coffee or tea is bottled as a liquid for sale; and

(14) "Syrup" means the liquid mixture of basic ingredients used in making, mixing, or compounding soft drinks by mixing the syrup with water, simple syrup, ice, fruits, vegetables, fruit juice, vegetable juice, or any other product suitable to make a complete soft drink.

Amended by Act 2019, No. 910,§ 4193, eff. 7/1/2019.

Acts 1992 (2nd Ex. Sess.), No. 7, § 2.
Ark. Code Ann. § 26-57-245 — AR Code / Title 26 / Chapter 57 / Subchapter 2 / Section 26-57-245
Unstamped products or products with unpaid taxes - Criminal offense - Deceptive trade practice
Status: in_force

(a) Except as otherwise authorized by this subchapter, a person who knowingly purchases, sells, offers for sale, receives, possesses, or transports upon his or her person, on his or her premises, or in his or her vehicle any cigarettes that do not have affixed the stamps required by this subchapter or any tobacco products upon which the taxes imposed by this subchapter have not been paid upon conviction is guilty of a criminal offense that is a: (1) Class C felony if the tax value of the total amount of tobacco products is equal to or exceeds one hundred dollars ($100); or (2) Class A misdemeanor if the tax value of the total amount of tobacco products is less than one hundred dollars ($100). (b) (1) A violation under subsection (a) of this section is a deceptive or unconscionable trade practice under §§ 4-88-101 - 4-88-115 and may be enforced by the Attorney General. (2) Each purchase, sale, or offer to sell unstamped cigarettes or untaxed tobacco products in violation of subsection (a) of this section constitutes a separate violation. Amended by Act 2019, No. 1071,§ 21, eff. 7/24/2019. Amended by Act 2013, No. 1273,§ 25, eff. 8/16/2013. Acts 1977, No. 546, § 23; 1979, No. 911, § 12; A.S.A. 1947, § 84-4523; Acts 2009, No. 655, § 75; 2011, No. 836, § 9.

(a) Except as otherwise authorized by this subchapter, a person who knowingly purchases, sells, offers for sale, receives, possesses, or transports upon his or her person, on his or her premises, or in his or her vehicle any cigarettes that do not have affixed the stamps required by this subchapter or any tobacco products upon which the taxes imposed by this subchapter have not been paid upon conviction is guilty of a criminal offense that is a: (1) Class C felony if the tax value of the total amount of tobacco products is equal to or exceeds one hundred dollars ($100); or (2) Class A misdemeanor if the tax value of the total amount of tobacco products is less than one hundred dollars ($100).

(1) Class C felony if the tax value of the total amount of tobacco products is equal to or exceeds one hundred dollars ($100); or

(2) Class A misdemeanor if the tax value of the total amount of tobacco products is less than one hundred dollars ($100).

(b) (1) A violation under subsection (a) of this section is a deceptive or unconscionable trade practice under §§ 4-88-101 - 4-88-115 and may be enforced by the Attorney General. (2) Each purchase, sale, or offer to sell unstamped cigarettes or untaxed tobacco products in violation of subsection (a) of this section constitutes a separate violation.

(1) A violation under subsection (a) of this section is a deceptive or unconscionable trade practice under §§ 4-88-101 - 4-88-115 and may be enforced by the Attorney General.

(2) Each purchase, sale, or offer to sell unstamped cigarettes or untaxed tobacco products in violation of subsection (a) of this section constitutes a separate violation.

Amended by Act 2019, No. 1071,§ 21, eff. 7/24/2019.

Amended by Act 2013, No. 1273,§ 25, eff. 8/16/2013.

Acts 1977, No. 546, § 23; 1979, No. 911, § 12; A.S.A. 1947, § 84-4523; Acts 2009, No. 655, § 75; 2011, No. 836, § 9.
Ark. Code Ann. § 26-26-1703 — AR Code / Title 26 / Chapter 26 / Subchapter 17 / Section 26-26-1703
Report by railroads of private car mileage
Status: in_force

The president or other chief officer of every railroad whose lines run through or in this state shall, on or before April 1 each year, make and file with the Tax Division of the Arkansas Public Service Commission a verified statement showing: (1) Separately, by classes, the total number of miles traveled by the cars of each private car company over its lines within this state during the calendar year next preceding; (2) The post office address of each car company; and (3) The average number of miles traveled per day, in the ordinary course of business during the period, over its lines in Arkansas by each class of cars. Acts 1915, No. 224, § 2; C. & M. Dig., § 10002; Acts 1923, No. 560, § 2; Pope's Dig., § 13752; Acts 1953, No. 167, § 3; A.S.A. 1947, § 84-618.

The president or other chief officer of every railroad whose lines run through or in this state shall, on or before April 1 each year, make and file with the Tax Division of the Arkansas Public Service Commission a verified statement showing:

(1) Separately, by classes, the total number of miles traveled by the cars of each private car company over its lines within this state during the calendar year next preceding;

(2) The post office address of each car company; and

(3) The average number of miles traveled per day, in the ordinary course of business during the period, over its lines in Arkansas by each class of cars.

Acts 1915, No. 224, § 2; C. & M. Dig., § 10002; Acts 1923, No. 560, § 2; Pope's Dig., § 13752; Acts 1953, No. 167, § 3; A.S.A. 1947, § 84-618.
Ark. Code Ann. § 26-53-302 — AR Code / Title 26 / Chapter 53 / Subchapter 3 / Section 26-53-302
Arrangements for collection and payment
Status: in_force

The Secretary of the Department of Finance and Administration, in negotiating an agreement with the tax department of another state, may as part of the agreement provide for reciprocal arrangements whereby the parties collecting the tax in the other state may deduct at the time of making returns to the secretary such percentage of the amount due and accounted for, which may be retained by the parties reporting as an offset against costs of collecting and reporting as is allowed by other states to parties in this state collecting the tax for the other state. No deduction shall be allowed, however, if the amount due is delinquent at the time of the tax payment. Amended by Act 2019, No. 910,§ 3933, eff. 7/1/2019. Acts 1970 (1st Ex. Sess.), No. 10, § 2; A.S.A. 1947, § 84-3136.

The Secretary of the Department of Finance and Administration, in negotiating an agreement with the tax department of another state, may as part of the agreement provide for reciprocal arrangements whereby the parties collecting the tax in the other state may deduct at the time of making returns to the secretary such percentage of the amount due and accounted for, which may be retained by the parties reporting as an offset against costs of collecting and reporting as is allowed by other states to parties in this state collecting the tax for the other state. No deduction shall be allowed, however, if the amount due is delinquent at the time of the tax payment.

Amended by Act 2019, No. 910,§ 3933, eff. 7/1/2019.

Acts 1970 (1st Ex. Sess.), No. 10, § 2; A.S.A. 1947, § 84-3136.
Ark. Code Ann. § 26-57-615 — AR Code / Title 26 / Chapter 57 / Subchapter 6 / Section 26-57-615
Domiciled insurers' premium tax credit for certain fees payable to other jurisdictions
Status: in_force

(a) If, by the laws of any state other than Arkansas or by the retaliatory laws of any state other than Arkansas, any insurer domiciled in Arkansas on or after April 6, 1993, shall be required to pay any fee based on the insurer's premium volume in the other state of licensure, and the fee imposed by the other state is due and payable either because the administrative and financial regulatory fee, "financial fee", based on premium volume assessed by the State Insurance Department Trust Fund Act, § 23-61-701 et seq., as it is popularly known, on insurers licensed in Arkansas and organized or domiciled in the other state is greater than the comparable fee assessed in the other state, or the other state has no comparable fee but requires payment on a retaliatory basis, then to the extent the fee amounts are legally due and are paid in the other state, any insurer domiciled in Arkansas on and after April 6, 1993, may claim a dollar-for-dollar credit for the fees paid against its annual premium taxes due the State of Arkansas under this subchapter, but the credit shall only be calculated on the amount which would not have been required to be paid in the other state of licensure in the absence of the existence of the financial fee assessed under the State Insurance Department Trust Fund Act, § 23-61-701 et seq., and in no event shall the credit permitted by this section exceed ninety percent (90%) of the insurer's annual premium tax due the State of Arkansas. (b) (1) Credits permitted in subsection (a) of this section shall be reported annually on March 1. (2) The Insurance Commissioner shall prescribe the forms for reporting the credits and further shall examine insurer claims for credit made under this section. (3) If the commissioner shall determine that any amount for which a credit shall have been claimed was not legally due to another state, or that an error exists in the amount of the credit shown on the return, or the amount claimed is a refund or refunded, the commissioner shall take appropriate action under any and all civil and administrative Arkansas laws at the commissioner's disposal, including suspension or revocation of the Arkansas certificate of authority of the noncomplying insurer, for collection and recovery of the premium tax due resulting from the disallowance of a claim for credit made under this section or to disallow any the claim for refund. Acts 1993, No. 901, § 44; 2009, No. 655, § 92.

(a) If, by the laws of any state other than Arkansas or by the retaliatory laws of any state other than Arkansas, any insurer domiciled in Arkansas on or after April 6, 1993, shall be required to pay any fee based on the insurer's premium volume in the other state of licensure, and the fee imposed by the other state is due and payable either because the administrative and financial regulatory fee, "financial fee", based on premium volume assessed by the State Insurance Department Trust Fund Act, § 23-61-701 et seq., as it is popularly known, on insurers licensed in Arkansas and organized or domiciled in the other state is greater than the comparable fee assessed in the other state, or the other state has no comparable fee but requires payment on a retaliatory basis, then to the extent the fee amounts are legally due and are paid in the other state, any insurer domiciled in Arkansas on and after April 6, 1993, may claim a dollar-for-dollar credit for the fees paid against its annual premium taxes due the State of Arkansas under this subchapter, but the credit shall only be calculated on the amount which would not have been required to be paid in the other state of licensure in the absence of the existence of the financial fee assessed under the State Insurance Department Trust Fund Act, § 23-61-701 et seq., and in no event shall the credit permitted by this section exceed ninety percent (90%) of the insurer's annual premium tax due the State of Arkansas.

(b) (1) Credits permitted in subsection (a) of this section shall be reported annually on March 1. (2) The Insurance Commissioner shall prescribe the forms for reporting the credits and further shall examine insurer claims for credit made under this section. (3) If the commissioner shall determine that any amount for which a credit shall have been claimed was not legally due to another state, or that an error exists in the amount of the credit shown on the return, or the amount claimed is a refund or refunded, the commissioner shall take appropriate action under any and all civil and administrative Arkansas laws at the commissioner's disposal, including suspension or revocation of the Arkansas certificate of authority of the noncomplying insurer, for collection and recovery of the premium tax due resulting from the disallowance of a claim for credit made under this section or to disallow any the claim for refund.

(1) Credits permitted in subsection (a) of this section shall be reported annually on March 1.

(2) The Insurance Commissioner shall prescribe the forms for reporting the credits and further shall examine insurer claims for credit made under this section.

(3) If the commissioner shall determine that any amount for which a credit shall have been claimed was not legally due to another state, or that an error exists in the amount of the credit shown on the return, or the amount claimed is a refund or refunded, the commissioner shall take appropriate action under any and all civil and administrative Arkansas laws at the commissioner's disposal, including suspension or revocation of the Arkansas certificate of authority of the noncomplying insurer, for collection and recovery of the premium tax due resulting from the disallowance of a claim for credit made under this section or to disallow any the claim for refund.

Acts 1993, No. 901, § 44; 2009, No. 655, § 92.
Ark. Code Ann. § 26-76-108 — AR Code / Title 26 / Chapter 76 / Subchapter 1 / Section 26-76-108
Expiration times of license
Status: in_force

(a) In cases when by the provisions of this act the privilege is to be for twelve (12) months or less, the license shall expire on April 30 next after the date of the delivery thereof by the county collector to the party applying for it. (b) In a case when the privilege is to be for six (6) months or less, the license shall expire on June 30 and December 31, respectively, next after the date thereof. Acts 1883, No. 114, § 156, p. 199; C. & M. Dig., § 9845; Pope's Dig., § 13589; A.S.A. 1947, § 84-1504.

(a) In cases when by the provisions of this act the privilege is to be for twelve (12) months or less, the license shall expire on April 30 next after the date of the delivery thereof by the county collector to the party applying for it.

(b) In a case when the privilege is to be for six (6) months or less, the license shall expire on June 30 and December 31, respectively, next after the date thereof.

Acts 1883, No. 114, § 156, p. 199; C. & M. Dig., § 9845; Pope's Dig., § 13589; A.S.A. 1947, § 84-1504.
Ark. Code Ann. § 26-64-104 — AR Code / Title 26 / Chapter 64 / Section 26-64-104
Reporting and disclosure requirements
Status: in_force

(a) (1) Each city and county that expends revenues distributed under this chapter shall submit a report to the Secretary of the Department of Finance and Administration no later than March 15 of each year detailing the following for the previous calendar year: (A) Amount of revenues received under this chapter; (B) Expenditures made from the revenues received under this chapter; and (C) Projects funded using revenues received under this chapter. (2) The secretary may undertake an investigation of the expenditures reported by the cities and counties under subdivision (a)(1) of this section, including without limitation using the audit procedures under the Arkansas Tax Procedure Act, § 26-18-101 et seq., to verify compliance with this chapter. (b) The Arkansas Department of Transportation shall make a report available to the Governor and the Legislative Council no later than November 1 of each year detailing the expenditures of the revenues distributed to the department under this chapter, including without limitation the expenditures made from the revenues received under this chapter and the projects funded using revenues received under this chapter. Amended by Act 2020F, No. 91,§ 13, eff. 7/1/2020. Added by Act 2019, No. 416,§ 6, eff. 10/1/2019.

(a) (1) Each city and county that expends revenues distributed under this chapter shall submit a report to the Secretary of the Department of Finance and Administration no later than March 15 of each year detailing the following for the previous calendar year: (A) Amount of revenues received under this chapter; (B) Expenditures made from the revenues received under this chapter; and (C) Projects funded using revenues received under this chapter. (2) The secretary may undertake an investigation of the expenditures reported by the cities and counties under subdivision (a)(1) of this section, including without limitation using the audit procedures under the Arkansas Tax Procedure Act, § 26-18-101 et seq., to verify compliance with this chapter.

(1) Each city and county that expends revenues distributed under this chapter shall submit a report to the Secretary of the Department of Finance and Administration no later than March 15 of each year detailing the following for the previous calendar year: (A) Amount of revenues received under this chapter; (B) Expenditures made from the revenues received under this chapter; and (C) Projects funded using revenues received under this chapter.

(A) Amount of revenues received under this chapter;

(B) Expenditures made from the revenues received under this chapter; and

(C) Projects funded using revenues received under this chapter.

(2) The secretary may undertake an investigation of the expenditures reported by the cities and counties under subdivision (a)(1) of this section, including without limitation using the audit procedures under the Arkansas Tax Procedure Act, § 26-18-101 et seq., to verify compliance with this chapter.

(b) The Arkansas Department of Transportation shall make a report available to the Governor and the Legislative Council no later than November 1 of each year detailing the expenditures of the revenues distributed to the department under this chapter, including without limitation the expenditures made from the revenues received under this chapter and the projects funded using revenues received under this chapter.

Amended by Act 2020F, No. 91,§ 13, eff. 7/1/2020.

Added by Act 2019, No. 416,§ 6, eff. 10/1/2019.
Ark. Code Ann. § 26-62-211 — AR Code / Title 26 / Chapter 62 / Subchapter 2 / Section 26-62-211
Entry slips - Tax on out-of-state motor vehicle use - Penalties
Status: in_force

(a) Any unlicensed alternative fuels user, unless exempt from the tax levied herein, operating an out-of-state motor vehicle, upon entering the State of Arkansas, at the point of entry shall secure a copy of an entry slip from the Secretary of the Department of Finance and Administration or his or her authorized agent or employee. (b) The entry slip shall be signed by the secretary or his or her authorized agent or employee, and the entry slip shall also be signed by the driver of the vehicle. (c) The entry slip shall contain the following information: (1) Name and address of the owner or the operator of the vehicle; (2) State of registration; (3) License number; (4) Odometer reading; (5) Destination and point of leaving state; and (6) Description of vehicle. (d) The entry slip shall remain in the vehicle for the remainder of the trip over the highways of this state and shall be produced for the inspection of the secretary or his or her authorized employee or representative, at any point within the state and shall also be produced at the port of exit to the secretary or his or her authorized agent or employee, for determination of any alternative fuels taxes due the state. (e) For the purpose of determining the amount the interstate user owes the State of Arkansas for tax on alternative fuels used in this state as provided in this section, the number of equivalent gallons of alternative fuels used in this state shall be determined by an assessment based on the mileage factors per equivalent gallon of alternative fuels set out in § 26-62-209(f) compared to the appropriate class of vehicle set out in § 26-62-209(f) . (f) The alternative fuels tax levied by this chapter shall be paid upon all such fuels used to propel out-of-state motor vehicles upon the highways of this state. (g) The tax shall be paid by the owner or operator of the motor vehicle in either of the following ways, at the option of the owner or operator: (1) (A) By the purchase of a sufficient amount or quantity, as determined above, of alternative fuels from an alternative fuels supplier within the State of Arkansas to propel the vehicle the number of miles which the vehicle travels upon the highways of this state. (B) At the time of the purchase of the fuels, the owner or operator of such vehicle shall obtain from the alternative fuels supplier from whom purchased an invoice or sales ticket, on forms approved by the secretary, which shall contain the: (i) Name and address of the seller of the alternative fuels; (ii) Name and address of the purchaser; (iii) Date of purchase; and (iv) Amount or quantity and type of alternative fuels purchased. (C) The invoice or sales ticket shall remain in the vehicle for the remainder of the trip over the highways of this state. The invoice or sales ticket shall be preserved and retained by the owner or operator for a period of not less than three (3) years and shall be produced for the inspection and examination of the secretary or his or her authorized agent or employee, at any reasonable time and place, either within or without this state, upon proper demand therefor; (2) (A) By the payment to the secretary or to his or her agent, representative, or employee of the amount of tax which would be due upon a sufficient quantity, as determined above, of alternative fuels to propel the vehicle over the highways of this state. (B) At the time of payment of the tax, the secretary or his or her employee or representative shall issue to the person paying the tax a receipt showing: (i) The amount of tax paid; (ii) The name and address of the owner or operator of the vehicle; (iii) A description of the vehicle, including license number and state of registration; (iv) The point at which the vehicle entered upon the highways of this state; (v) The destination and the place where the vehicle is to leave the highways of this state; and (vi) Any other information which the secretary may require, which receipt shall be signed by the secretary or his or her agent or representative. (C) The receipt shall remain in the vehicle for the remainder of the trip over the highways of this state and thereafter shall be preserved and retained by the owner or operator for a period of not less than three (3) years and shall be produced for the inspection of the secretary or his or her authorized agent or representative, at any reasonable time and place, either within or without this state, upon proper demand. (h) (1) If a person who has not obtained an alternative fuels license from this state, and who is nevertheless determined an alternative fuels user, leaves the State of Arkansas by a state highway or other road not equipped with a permanent port of entry or exit and has not paid the alternative fuels tax or has not purchased tax-paid alternative fuels from a licensed alternative fuels supplier in an amount equal to the number of equivalent gallons used upon the highways of the State of Arkansas, the person shall be liable for the payment of the tax due as determined above together with the penalties as set out in § 26-62-105 . (2) If an unlicensed alternative fuels user is within one (1) mile of the state line on the way out of the state and does not have in his or her possession a form issued by a licensed alternative fuels supplier showing the number of equivalent gallons purchased equal to the amount used in traveling upon the highways of the State of Arkansas, it shall be prima facie evidence of his or her failure to comply with the requirements of this chapter, and he or she shall be liable for the payment of the tax due, plus the fine as set out in § 26-62-106 . (3) In the event an unlicensed alternative fuels user enters the State of Arkansas via a state highway not equipped with a permanent port of entry, and the driver of the vehicle does not receive an entry form, then the burden of proof of the point of entry and time of entry for the purpose of determining the miles traveled and the tax due shall be upon the driver or owner of the vehicle. Amended by Act 2019, No. 910,§ 4346, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4345, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4344, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4343, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4342, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4341, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4340, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4339, eff. 7/1/2019. Acts 1993, No. 1119, § 19; 1995, No. 1296, § 89.

(a) Any unlicensed alternative fuels user, unless exempt from the tax levied herein, operating an out-of-state motor vehicle, upon entering the State of Arkansas, at the point of entry shall secure a copy of an entry slip from the Secretary of the Department of Finance and Administration or his or her authorized agent or employee.

(b) The entry slip shall be signed by the secretary or his or her authorized agent or employee, and the entry slip shall also be signed by the driver of the vehicle.

(c) The entry slip shall contain the following information: (1) Name and address of the owner or the operator of the vehicle; (2) State of registration; (3) License number; (4) Odometer reading; (5) Destination and point of leaving state; and (6) Description of vehicle.

(1) Name and address of the owner or the operator of the vehicle;

(2) State of registration;

(3) License number;

(4) Odometer reading;

(5) Destination and point of leaving state; and

(6) Description of vehicle.

(d) The entry slip shall remain in the vehicle for the remainder of the trip over the highways of this state and shall be produced for the inspection of the secretary or his or her authorized employee or representative, at any point within the state and shall also be produced at the port of exit to the secretary or his or her authorized agent or employee, for determination of any alternative fuels taxes due the state.

(e) For the purpose of determining the amount the interstate user owes the State of Arkansas for tax on alternative fuels used in this state as provided in this section, the number of equivalent gallons of alternative fuels used in this state shall be determined by an assessment based on the mileage factors per equivalent gallon of alternative fuels set out in § 26-62-209(f) compared to the appropriate class of vehicle set out in § 26-62-209(f) .

(f) The alternative fuels tax levied by this chapter shall be paid upon all such fuels used to propel out-of-state motor vehicles upon the highways of this state.

(g) The tax shall be paid by the owner or operator of the motor vehicle in either of the following ways, at the option of the owner or operator: (1) (A) By the purchase of a sufficient amount or quantity, as determined above, of alternative fuels from an alternative fuels supplier within the State of Arkansas to propel the vehicle the number of miles which the vehicle travels upon the highways of this state. (B) At the time of the purchase of the fuels, the owner or operator of such vehicle shall obtain from the alternative fuels supplier from whom purchased an invoice or sales ticket, on forms approved by the secretary, which shall contain the: (i) Name and address of the seller of the alternative fuels; (ii) Name and address of the purchaser; (iii) Date of purchase; and (iv) Amount or quantity and type of alternative fuels purchased. (C) The invoice or sales ticket shall remain in the vehicle for the remainder of the trip over the highways of this state. The invoice or sales ticket shall be preserved and retained by the owner or operator for a period of not less than three (3) years and shall be produced for the inspection and examination of the secretary or his or her authorized agent or employee, at any reasonable time and place, either within or without this state, upon proper demand therefor; (2) (A) By the payment to the secretary or to his or her agent, representative, or employee of the amount of tax which would be due upon a sufficient quantity, as determined above, of alternative fuels to propel the vehicle over the highways of this state. (B) At the time of payment of the tax, the secretary or his or her employee or representative shall issue to the person paying the tax a receipt showing: (i) The amount of tax paid; (ii) The name and address of the owner or operator of the vehicle; (iii) A description of the vehicle, including license number and state of registration; (iv) The point at which the vehicle entered upon the highways of this state; (v) The destination and the place where the vehicle is to leave the highways of this state; and (vi) Any other information which the secretary may require, which receipt shall be signed by the secretary or his or her agent or representative. (C) The receipt shall remain in the vehicle for the remainder of the trip over the highways of this state and thereafter shall be preserved and retained by the owner or operator for a period of not less than three (3) years and shall be produced for the inspection of the secretary or his or her authorized agent or representative, at any reasonable time and place, either within or without this state, upon proper demand.

(1) (A) By the purchase of a sufficient amount or quantity, as determined above, of alternative fuels from an alternative fuels supplier within the State of Arkansas to propel the vehicle the number of miles which the vehicle travels upon the highways of this state. (B) At the time of the purchase of the fuels, the owner or operator of such vehicle shall obtain from the alternative fuels supplier from whom purchased an invoice or sales ticket, on forms approved by the secretary, which shall contain the: (i) Name and address of the seller of the alternative fuels; (ii) Name and address of the purchaser; (iii) Date of purchase; and (iv) Amount or quantity and type of alternative fuels purchased. (C) The invoice or sales ticket shall remain in the vehicle for the remainder of the trip over the highways of this state. The invoice or sales ticket shall be preserved and retained by the owner or operator for a period of not less than three (3) years and shall be produced for the inspection and examination of the secretary or his or her authorized agent or employee, at any reasonable time and place, either within or without this state, upon proper demand therefor;

(A) By the purchase of a sufficient amount or quantity, as determined above, of alternative fuels from an alternative fuels supplier within the State of Arkansas to propel the vehicle the number of miles which the vehicle travels upon the highways of this state.

(B) At the time of the purchase of the fuels, the owner or operator of such vehicle shall obtain from the alternative fuels supplier from whom purchased an invoice or sales ticket, on forms approved by the secretary, which shall contain the: (i) Name and address of the seller of the alternative fuels; (ii) Name and address of the purchaser; (iii) Date of purchase; and (iv) Amount or quantity and type of alternative fuels purchased.

(i) Name and address of the seller of the alternative fuels;

(ii) Name and address of the purchaser;

(iii) Date of purchase; and

(iv) Amount or quantity and type of alternative fuels purchased.

(C) The invoice or sales ticket shall remain in the vehicle for the remainder of the trip over the highways of this state. The invoice or sales ticket shall be preserved and retained by the owner or operator for a period of not less than three (3) years and shall be produced for the inspection and examination of the secretary or his or her authorized agent or employee, at any reasonable time and place, either within or without this state, upon proper demand therefor;

(2) (A) By the payment to the secretary or to his or her agent, representative, or employee of the amount of tax which would be due upon a sufficient quantity, as determined above, of alternative fuels to propel the vehicle over the highways of this state. (B) At the time of payment of the tax, the secretary or his or her employee or representative shall issue to the person paying the tax a receipt showing: (i) The amount of tax paid; (ii) The name and address of the owner or operator of the vehicle; (iii) A description of the vehicle, including license number and state of registration; (iv) The point at which the vehicle entered upon the highways of this state; (v) The destination and the place where the vehicle is to leave the highways of this state; and (vi) Any other information which the secretary may require, which receipt shall be signed by the secretary or his or her agent or representative. (C) The receipt shall remain in the vehicle for the remainder of the trip over the highways of this state and thereafter shall be preserved and retained by the owner or operator for a period of not less than three (3) years and shall be produced for the inspection of the secretary or his or her authorized agent or representative, at any reasonable time and place, either within or without this state, upon proper demand.

(A) By the payment to the secretary or to his or her agent, representative, or employee of the amount of tax which would be due upon a sufficient quantity, as determined above, of alternative fuels to propel the vehicle over the highways of this state.

(B) At the time of payment of the tax, the secretary or his or her employee or representative shall issue to the person paying the tax a receipt showing: (i) The amount of tax paid; (ii) The name and address of the owner or operator of the vehicle; (iii) A description of the vehicle, including license number and state of registration; (iv) The point at which the vehicle entered upon the highways of this state; (v) The destination and the place where the vehicle is to leave the highways of this state; and (vi) Any other information which the secretary may require, which receipt shall be signed by the secretary or his or her agent or representative.

(i) The amount of tax paid;

(ii) The name and address of the owner or operator of the vehicle;

(iii) A description of the vehicle, including license number and state of registration;

(iv) The point at which the vehicle entered upon the highways of this state;

(v) The destination and the place where the vehicle is to leave the highways of this state; and

(vi) Any other information which the secretary may require, which receipt shall be signed by the secretary or his or her agent or representative.

which receipt shall be signed by the secretary or his or her agent or representative.

(C) The receipt shall remain in the vehicle for the remainder of the trip over the highways of this state and thereafter shall be preserved and retained by the owner or operator for a period of not less than three (3) years and shall be produced for the inspection of the secretary or his or her authorized agent or representative, at any reasonable time and place, either within or without this state, upon proper demand.

(h) (1) If a person who has not obtained an alternative fuels license from this state, and who is nevertheless determined an alternative fuels user, leaves the State of Arkansas by a state highway or other road not equipped with a permanent port of entry or exit and has not paid the alternative fuels tax or has not purchased tax-paid alternative fuels from a licensed alternative fuels supplier in an amount equal to the number of equivalent gallons used upon the highways of the State of Arkansas, the person shall be liable for the payment of the tax due as determined above together with the penalties as set out in § 26-62-105 . (2) If an unlicensed alternative fuels user is within one (1) mile of the state line on the way out of the state and does not have in his or her possession a form issued by a licensed alternative fuels supplier showing the number of equivalent gallons purchased equal to the amount used in traveling upon the highways of the State of Arkansas, it shall be prima facie evidence of his or her failure to comply with the requirements of this chapter, and he or she shall be liable for the payment of the tax due, plus the fine as set out in § 26-62-106 . (3) In the event an unlicensed alternative fuels user enters the State of Arkansas via a state highway not equipped with a permanent port of entry, and the driver of the vehicle does not receive an entry form, then the burden of proof of the point of entry and time of entry for the purpose of determining the miles traveled and the tax due shall be upon the driver or owner of the vehicle.

(1) If a person who has not obtained an alternative fuels license from this state, and who is nevertheless determined an alternative fuels user, leaves the State of Arkansas by a state highway or other road not equipped with a permanent port of entry or exit and has not paid the alternative fuels tax or has not purchased tax-paid alternative fuels from a licensed alternative fuels supplier in an amount equal to the number of equivalent gallons used upon the highways of the State of Arkansas, the person shall be liable for the payment of the tax due as determined above together with the penalties as set out in § 26-62-105 .

(2) If an unlicensed alternative fuels user is within one (1) mile of the state line on the way out of the state and does not have in his or her possession a form issued by a licensed alternative fuels supplier showing the number of equivalent gallons purchased equal to the amount used in traveling upon the highways of the State of Arkansas, it shall be prima facie evidence of his or her failure to comply with the requirements of this chapter, and he or she shall be liable for the payment of the tax due, plus the fine as set out in § 26-62-106 .

(3) In the event an unlicensed alternative fuels user enters the State of Arkansas via a state highway not equipped with a permanent port of entry, and the driver of the vehicle does not receive an entry form, then the burden of proof of the point of entry and time of entry for the purpose of determining the miles traveled and the tax due shall be upon the driver or owner of the vehicle.

Amended by Act 2019, No. 910,§ 4346, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4345, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4344, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4343, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4342, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4341, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4340, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4339, eff. 7/1/2019.

Acts 1993, No. 1119, § 19; 1995, No. 1296, § 89.
Ark. Code Ann. § 26-82-106 — AR Code / Title 26 / Chapter 82 / Section 26-82-106
Abolition of tax
Status: in_force

(a) (1) Except under subsection (b) of this section, the levying entity may abolish all or a portion of the local sales and use tax authorized under this chapter by: (A) A roll call vote of two-thirds (2/3) of all members elected to the governing body of the levying entity, excluding the mayor and county judge, if the governing body of the levying entity has determined that the purposes of the local sales and use tax cannot be fulfilled or cannot continue to be fulfilled; or (B) An election called by: (i) Action of the governing body of the levying entity; or (ii) A petition of the qualified voters in the levying entity. (2) A petition of the qualified voters and the calling and holding of an election concerning the abolition of the local sales and use tax under this subsection are governed by the initiative procedures in Arkansas Constitution, Article 5, § 1, and any ordinances of the levying entity governing initiative procedures. (3) The governing body of the levying entity may call for an election under this subsection subject to the same procedures stated in this chapter for the calling of the initial election. (4) (A) The ballot title for use in an election under this subsection shall be in substantially the following form: "[ ] FOR abolition of the ............... percent (...............%) local sales and use tax within ............... (name of local entity) for economic development projects." "[ ] AGAINST abolition of the ............... percent (...............%) local sales and use tax within ............... (name of local entity) for economic development projects." (B) However, a ballot title that contains a question for qualified voters on whether to continue the levy of a local sales and use tax complies with this subdivision (a)(4). (b) (1) In a levying entity in which a local sales and use tax has been adopted under this chapter and all or a portion is pledged to secure the payment of bonds, the portion of the local sales and use tax pledged to the payment of bonds shall not be repealed, abolished, or reduced while the bonds are outstanding. (2) The bonds are not outstanding to the extent that sufficient tax revenues have been set aside to pay the bonds when due. (c) The effective date of an affirmative vote of the qualified voters to abolish the local sales and use tax under subsection (a) of this section shall be the first day of the calendar quarter after the expiration of ninety (90) days from the date of publication of the election proclamation. (d) (1) The effective date of an affirmative vote by the governing body of the levying entity to abolish the local sales and use tax under subsection (a) of this section shall be on the first day of the calendar quarter after the expiration of ninety (90) days from the date a written statement signed by the mayor or county judge of the levying entity abolishing the tax is filed with the Secretary of the Department of Finance and Administration certifying that the governing body of the levying entity has adopted an ordinance abolishing the local sales and use tax. (2) A copy of the ordinance abolishing the local sales and use tax shall be attached to the certificate. Amended by Act 2019, No. 910,§ 4473, eff. 7/1/2019. Acts 2011, No. 828, § 1.

(a) (1) Except under subsection (b) of this section, the levying entity may abolish all or a portion of the local sales and use tax authorized under this chapter by: (A) A roll call vote of two-thirds (2/3) of all members elected to the governing body of the levying entity, excluding the mayor and county judge, if the governing body of the levying entity has determined that the purposes of the local sales and use tax cannot be fulfilled or cannot continue to be fulfilled; or (B) An election called by: (i) Action of the governing body of the levying entity; or (ii) A petition of the qualified voters in the levying entity. (2) A petition of the qualified voters and the calling and holding of an election concerning the abolition of the local sales and use tax under this subsection are governed by the initiative procedures in Arkansas Constitution, Article 5, § 1, and any ordinances of the levying entity governing initiative procedures. (3) The governing body of the levying entity may call for an election under this subsection subject to the same procedures stated in this chapter for the calling of the initial election. (4) (A) The ballot title for use in an election under this subsection shall be in substantially the following form: "[ ] FOR abolition of the ............... percent (...............%) local sales and use tax within ............... (name of local entity) for economic development projects." "[ ] AGAINST abolition of the ............... percent (...............%) local sales and use tax within ............... (name of local entity) for economic development projects." (B) However, a ballot title that contains a question for qualified voters on whether to continue the levy of a local sales and use tax complies with this subdivision (a)(4).

(1) Except under subsection (b) of this section, the levying entity may abolish all or a portion of the local sales and use tax authorized under this chapter by: (A) A roll call vote of two-thirds (2/3) of all members elected to the governing body of the levying entity, excluding the mayor and county judge, if the governing body of the levying entity has determined that the purposes of the local sales and use tax cannot be fulfilled or cannot continue to be fulfilled; or (B) An election called by: (i) Action of the governing body of the levying entity; or (ii) A petition of the qualified voters in the levying entity.

(A) A roll call vote of two-thirds (2/3) of all members elected to the governing body of the levying entity, excluding the mayor and county judge, if the governing body of the levying entity has determined that the purposes of the local sales and use tax cannot be fulfilled or cannot continue to be fulfilled; or

(B) An election called by: (i) Action of the governing body of the levying entity; or (ii) A petition of the qualified voters in the levying entity.

(i) Action of the governing body of the levying entity; or

(ii) A petition of the qualified voters in the levying entity.

(2) A petition of the qualified voters and the calling and holding of an election concerning the abolition of the local sales and use tax under this subsection are governed by the initiative procedures in Arkansas Constitution, Article 5, § 1, and any ordinances of the levying entity governing initiative procedures.

(3) The governing body of the levying entity may call for an election under this subsection subject to the same procedures stated in this chapter for the calling of the initial election.

(4) (A) The ballot title for use in an election under this subsection shall be in substantially the following form: "[ ] FOR abolition of the ............... percent (...............%) local sales and use tax within ............... (name of local entity) for economic development projects." "[ ] AGAINST abolition of the ............... percent (...............%) local sales and use tax within ............... (name of local entity) for economic development projects." (B) However, a ballot title that contains a question for qualified voters on whether to continue the levy of a local sales and use tax complies with this subdivision (a)(4).

(A) The ballot title for use in an election under this subsection shall be in substantially the following form: "[ ] FOR abolition of the ............... percent (...............%) local sales and use tax within ............... (name of local entity) for economic development projects." "[ ] AGAINST abolition of the ............... percent (...............%) local sales and use tax within ............... (name of local entity) for economic development projects."

"[ ] FOR abolition of the ............... percent (...............%) local sales and use tax within ............... (name of local entity) for economic development projects."

"[ ] AGAINST abolition of the ............... percent (...............%) local sales and use tax within ............... (name of local entity) for economic development projects."

(B) However, a ballot title that contains a question for qualified voters on whether to continue the levy of a local sales and use tax complies with this subdivision (a)(4).

(b) (1) In a levying entity in which a local sales and use tax has been adopted under this chapter and all or a portion is pledged to secure the payment of bonds, the portion of the local sales and use tax pledged to the payment of bonds shall not be repealed, abolished, or reduced while the bonds are outstanding. (2) The bonds are not outstanding to the extent that sufficient tax revenues have been set aside to pay the bonds when due.

(1) In a levying entity in which a local sales and use tax has been adopted under this chapter and all or a portion is pledged to secure the payment of bonds, the portion of the local sales and use tax pledged to the payment of bonds shall not be repealed, abolished, or reduced while the bonds are outstanding.

(2) The bonds are not outstanding to the extent that sufficient tax revenues have been set aside to pay the bonds when due.

(c) The effective date of an affirmative vote of the qualified voters to abolish the local sales and use tax under subsection (a) of this section shall be the first day of the calendar quarter after the expiration of ninety (90) days from the date of publication of the election proclamation.

(d) (1) The effective date of an affirmative vote by the governing body of the levying entity to abolish the local sales and use tax under subsection (a) of this section shall be on the first day of the calendar quarter after the expiration of ninety (90) days from the date a written statement signed by the mayor or county judge of the levying entity abolishing the tax is filed with the Secretary of the Department of Finance and Administration certifying that the governing body of the levying entity has adopted an ordinance abolishing the local sales and use tax. (2) A copy of the ordinance abolishing the local sales and use tax shall be attached to the certificate.

(1) The effective date of an affirmative vote by the governing body of the levying entity to abolish the local sales and use tax under subsection (a) of this section shall be on the first day of the calendar quarter after the expiration of ninety (90) days from the date a written statement signed by the mayor or county judge of the levying entity abolishing the tax is filed with the Secretary of the Department of Finance and Administration certifying that the governing body of the levying entity has adopted an ordinance abolishing the local sales and use tax.

(2) A copy of the ordinance abolishing the local sales and use tax shall be attached to the certificate.

Amended by Act 2019, No. 910,§ 4473, eff. 7/1/2019.

Acts 2011, No. 828, § 1.
Ark. Code Ann. § 26-62-108 — AR Code / Title 26 / Chapter 62 / Subchapter 1 / Section 26-62-108
Conflicts with Arkansas Tax Procedure Act
Status: in_force

The provisions of the Arkansas Tax Procedure Act, § 26-18-101 et seq., shall be read in pari materia with this chapter, and in the event of any conflict with the Arkansas Tax Procedure Act, § 26-18-101 et seq., and this chapter, the provisions of the Arkansas Tax Procedure Act, § 26-18-101 et seq., shall control. Acts 1993, No. 1119, § 24.

The provisions of the Arkansas Tax Procedure Act, § 26-18-101 et seq., shall be read in pari materia with this chapter, and in the event of any conflict with the Arkansas Tax Procedure Act, § 26-18-101 et seq., and this chapter, the provisions of the Arkansas Tax Procedure Act, § 26-18-101 et seq., shall control.

Acts 1993, No. 1119, § 24.
Ark. Code Ann. § 26-51-2401 — AR Code / Title 26 / Chapter 51 / Subchapter 24 / Section 26-51-2401
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Central Business Improvement District Rehabilitation and Development Investment Tax Credit Act". Acts 2011, No. 1166, § 1.

This subchapter shall be known and may be cited as the "Arkansas Central Business Improvement District Rehabilitation and Development Investment Tax Credit Act".

Acts 2011, No. 1166, § 1.
Ark. Code Ann. § 26-51-707 — AR Code / Title 26 / Chapter 51 / Subchapter 7 / Section 26-51-707
Interest and dividends
Status: in_force

Interest and dividends are allocable to this state if the taxpayer's commercial domicile is in this state. Acts 1961, No. 413, § 7; A.S.A. 1947, § 84-2061.

Interest and dividends are allocable to this state if the taxpayer's commercial domicile is in this state.

Acts 1961, No. 413, § 7; A.S.A. 1947, § 84-2061.
Ark. Code Ann. § 26-26-1122 — AR Code / Title 26 / Chapter 26 / Subchapter 11 / Section 26-26-1122
Definitions
Status: in_force

(a) As used in this subchapter and in Arkansas Constitution, Amendment 79: (1) "Assessed value" means twenty percent (20%) of the appraised value of the real property; (2) (A) "Homestead" means the dwelling of a person that is used as his or her principal place of residence with the contiguous land, excluding all land valued as agricultural land, pasture land, or timberland. (B) "Homestead" includes: (i) A dwelling owned by a revocable or irrevocable trust and used as the principal place of residence of the person who formed the trust; (ii) A dwelling owned by an irrevocable trust and used as the principal place of residence of a beneficiary of the trust, as evidenced by submitting a signed, notarized, and file-marked copy of the irrevocable trust to the county assessor; and (iii) A dwelling owned by a limited liability company whose members are either a married couple or otherwise no more than one (1) natural person, at least one (1) of whom claims the homestead tax credit under § 26-26-1118 and uses the dwelling as his or her principal place of residence; (3) "New construction" means changes to real property that have occurred to real property already on the assessment roll; (4) "Newly discovered real property" means real property that has never been on the assessment roll or that has changed use; and (5) (A) "Property owner" means a person who is: (i) The owner of record of real property or the mortgagee of the real property; (ii) A buyer under a recorded contract to purchase real property; or (iii) A person holding a recorded life estate in real property. (B) "Property owner" includes the previous record owner of tax-delinquent real property that has vested in the State of Arkansas in care of the Commissioner of State Lands under § 26-37-101(c) if the previous record owner continues to occupy the residence subject to his or her right of redemption. (b) The Assessment Coordination Division may by rule define the term "substantial improvements" and any other term necessary to administer this subchapter. Amended by Act 2023, No. 541,§ 2, eff. 8/1/2023, app. for assessment years beginning on or after January 1, 2024. Amended by Act 2019, No. 831,§ 1, eff. for assessment years beginning on or after 1/1/2019. Amended by Act 2017, No. 49,§ 2, eff. 1/26/2017. Acts 2005, No. 1268, § 2.

(a) As used in this subchapter and in Arkansas Constitution, Amendment 79: (1) "Assessed value" means twenty percent (20%) of the appraised value of the real property; (2) (A) "Homestead" means the dwelling of a person that is used as his or her principal place of residence with the contiguous land, excluding all land valued as agricultural land, pasture land, or timberland. (B) "Homestead" includes: (i) A dwelling owned by a revocable or irrevocable trust and used as the principal place of residence of the person who formed the trust; (ii) A dwelling owned by an irrevocable trust and used as the principal place of residence of a beneficiary of the trust, as evidenced by submitting a signed, notarized, and file-marked copy of the irrevocable trust to the county assessor; and (iii) A dwelling owned by a limited liability company whose members are either a married couple or otherwise no more than one (1) natural person, at least one (1) of whom claims the homestead tax credit under § 26-26-1118 and uses the dwelling as his or her principal place of residence; (3) "New construction" means changes to real property that have occurred to real property already on the assessment roll; (4) "Newly discovered real property" means real property that has never been on the assessment roll or that has changed use; and (5) (A) "Property owner" means a person who is: (i) The owner of record of real property or the mortgagee of the real property; (ii) A buyer under a recorded contract to purchase real property; or (iii) A person holding a recorded life estate in real property. (B) "Property owner" includes the previous record owner of tax-delinquent real property that has vested in the State of Arkansas in care of the Commissioner of State Lands under § 26-37-101(c) if the previous record owner continues to occupy the residence subject to his or her right of redemption.

(1) "Assessed value" means twenty percent (20%) of the appraised value of the real property;

(2) (A) "Homestead" means the dwelling of a person that is used as his or her principal place of residence with the contiguous land, excluding all land valued as agricultural land, pasture land, or timberland. (B) "Homestead" includes: (i) A dwelling owned by a revocable or irrevocable trust and used as the principal place of residence of the person who formed the trust; (ii) A dwelling owned by an irrevocable trust and used as the principal place of residence of a beneficiary of the trust, as evidenced by submitting a signed, notarized, and file-marked copy of the irrevocable trust to the county assessor; and (iii) A dwelling owned by a limited liability company whose members are either a married couple or otherwise no more than one (1) natural person, at least one (1) of whom claims the homestead tax credit under § 26-26-1118 and uses the dwelling as his or her principal place of residence;

(A) "Homestead" means the dwelling of a person that is used as his or her principal place of residence with the contiguous land, excluding all land valued as agricultural land, pasture land, or timberland.

(B) "Homestead" includes: (i) A dwelling owned by a revocable or irrevocable trust and used as the principal place of residence of the person who formed the trust; (ii) A dwelling owned by an irrevocable trust and used as the principal place of residence of a beneficiary of the trust, as evidenced by submitting a signed, notarized, and file-marked copy of the irrevocable trust to the county assessor; and (iii) A dwelling owned by a limited liability company whose members are either a married couple or otherwise no more than one (1) natural person, at least one (1) of whom claims the homestead tax credit under § 26-26-1118 and uses the dwelling as his or her principal place of residence;

(i) A dwelling owned by a revocable or irrevocable trust and used as the principal place of residence of the person who formed the trust;

(ii) A dwelling owned by an irrevocable trust and used as the principal place of residence of a beneficiary of the trust, as evidenced by submitting a signed, notarized, and file-marked copy of the irrevocable trust to the county assessor; and

(iii) A dwelling owned by a limited liability company whose members are either a married couple or otherwise no more than one (1) natural person, at least one (1) of whom claims the homestead tax credit under § 26-26-1118 and uses the dwelling as his or her principal place of residence;

(3) "New construction" means changes to real property that have occurred to real property already on the assessment roll;

(4) "Newly discovered real property" means real property that has never been on the assessment roll or that has changed use; and

(5) (A) "Property owner" means a person who is: (i) The owner of record of real property or the mortgagee of the real property; (ii) A buyer under a recorded contract to purchase real property; or (iii) A person holding a recorded life estate in real property. (B) "Property owner" includes the previous record owner of tax-delinquent real property that has vested in the State of Arkansas in care of the Commissioner of State Lands under § 26-37-101(c) if the previous record owner continues to occupy the residence subject to his or her right of redemption.

(A) "Property owner" means a person who is: (i) The owner of record of real property or the mortgagee of the real property; (ii) A buyer under a recorded contract to purchase real property; or (iii) A person holding a recorded life estate in real property.

(i) The owner of record of real property or the mortgagee of the real property;

(ii) A buyer under a recorded contract to purchase real property; or

(iii) A person holding a recorded life estate in real property.

(B) "Property owner" includes the previous record owner of tax-delinquent real property that has vested in the State of Arkansas in care of the Commissioner of State Lands under § 26-37-101(c) if the previous record owner continues to occupy the residence subject to his or her right of redemption.

(b) The Assessment Coordination Division may by rule define the term "substantial improvements" and any other term necessary to administer this subchapter.

Amended by Act 2023, No. 541,§ 2, eff. 8/1/2023, app. for assessment years beginning on or after January 1, 2024.

Amended by Act 2019, No. 831,§ 1, eff. for assessment years beginning on or after 1/1/2019.

Amended by Act 2017, No. 49,§ 2, eff. 1/26/2017.

Acts 2005, No. 1268, § 2.
Ark. Code Ann. § 26-26-1101 — AR Code / Title 26 / Chapter 26 / Subchapter 11 / Section 26-26-1101
Time to assess realty
Status: in_force

Each year the county assessor shall, between the first Monday in January and July 1, appraise and assess all real property situated within the boundaries of the county. Acts 1957, No. 385, § 1; 1959, No. 246, § 3; A.S.A. 1947, § 84-415.

Each year the county assessor shall, between the first Monday in January and July 1, appraise and assess all real property situated within the boundaries of the county.

Acts 1957, No. 385, § 1; 1959, No. 246, § 3; A.S.A. 1947, § 84-415.
Ark. Code Ann. § 26-75-613 — AR Code / Title 26 / Chapter 75 / Subchapter 6 / Section 26-75-613
Pledge of revenues
Status: in_force

(a) (1) Any city of the first class levying the tax and creating the commission as permitted in this subchapter is authorized to pledge all or any part of the revenues from the tax levied pursuant to this subchapter to the payment of principal of and interest on bonds issued by the city under the authority of any other law in effect, for the purpose of providing all, or part of, the funds for the acquisition, construction, reconstruction, extension, equipment, improvement, maintenance, or operation of any facility including, without limitation, auditoriums and parking facilities, which will be operated as a part of, or operated or utilized in connection with, or in support of, a convention center project. (2) Any municipality that has levied a tax, known as the hotel and restaurant tax, as authorized in § 26-75-602(a) , may pledge all or any part of the revenues derived from the hotel and restaurant tax to the payment of principal and interest on bonds issued by the municipality under the authority of §§ 14-170-201 - 14-170-214 or any subsequent law and called tourism revenue bonds, or to the extent necessary to match grant funds in an amount at least equal to the proceeds of the bonds to the payment of principal and interest on bonds issued by the municipality under the authority of §§ 14-186-101 and 14-186-301 - 14-186-312 , or any subsequent law. (b) (1) The pledge of revenues derived from the hotel and restaurant tax shall be by the ordinance of the municipality authorizing the bonds, called the authorizing ordinance, and in the case of tourism revenue bonds shall be subject to the approval of the city advertising and promotion commission. (2) The authorizing ordinance shall specify the nature and extent of the pledge of revenues derived from the hotel and restaurant tax and may contain such terms, covenants, and conditions pertaining to the collection, custody, and disposition of revenues derived from the hotel and restaurant tax as the governing body of the municipality deems desirable including, without limitation, a covenant that the hotel and restaurant tax will be collected so long as the bonds are outstanding. (3) (A) The provisions of the authorizing ordinance relating to the hotel and restaurant tax and the revenues derived therefrom together with this subchapter shall constitute a contract by and between the municipality and the holders and registered owners of the bonds authorized thereby, which contract and all covenants, agreements, and obligations therein shall be promptly performed in strict compliance with the terms and provisions of the contract. (B) The contract and all rights of the holders and registered owners of the bonds and all obligations of the municipality may be enforced by mandamus or any other appropriate proceeding at law or in equity. Acts 1965, No. 185, § 6; 1971, No. 188, § 1; 1975, No. 977, §§ 1, 2; 1979, No. 727, §§ 1, 2; A.S.A. 1947, §§ 19-4617, 19-4618, 19-4619; Acts 1993, No. 364, § 10.

(a) (1) Any city of the first class levying the tax and creating the commission as permitted in this subchapter is authorized to pledge all or any part of the revenues from the tax levied pursuant to this subchapter to the payment of principal of and interest on bonds issued by the city under the authority of any other law in effect, for the purpose of providing all, or part of, the funds for the acquisition, construction, reconstruction, extension, equipment, improvement, maintenance, or operation of any facility including, without limitation, auditoriums and parking facilities, which will be operated as a part of, or operated or utilized in connection with, or in support of, a convention center project. (2) Any municipality that has levied a tax, known as the hotel and restaurant tax, as authorized in § 26-75-602(a) , may pledge all or any part of the revenues derived from the hotel and restaurant tax to the payment of principal and interest on bonds issued by the municipality under the authority of §§ 14-170-201 - 14-170-214 or any subsequent law and called tourism revenue bonds, or to the extent necessary to match grant funds in an amount at least equal to the proceeds of the bonds to the payment of principal and interest on bonds issued by the municipality under the authority of §§ 14-186-101 and 14-186-301 - 14-186-312 , or any subsequent law.

(1) Any city of the first class levying the tax and creating the commission as permitted in this subchapter is authorized to pledge all or any part of the revenues from the tax levied pursuant to this subchapter to the payment of principal of and interest on bonds issued by the city under the authority of any other law in effect, for the purpose of providing all, or part of, the funds for the acquisition, construction, reconstruction, extension, equipment, improvement, maintenance, or operation of any facility including, without limitation, auditoriums and parking facilities, which will be operated as a part of, or operated or utilized in connection with, or in support of, a convention center project.

(2) Any municipality that has levied a tax, known as the hotel and restaurant tax, as authorized in § 26-75-602(a) , may pledge all or any part of the revenues derived from the hotel and restaurant tax to the payment of principal and interest on bonds issued by the municipality under the authority of §§ 14-170-201 - 14-170-214 or any subsequent law and called tourism revenue bonds, or to the extent necessary to match grant funds in an amount at least equal to the proceeds of the bonds to the payment of principal and interest on bonds issued by the municipality under the authority of §§ 14-186-101 and 14-186-301 - 14-186-312 , or any subsequent law.

(b) (1) The pledge of revenues derived from the hotel and restaurant tax shall be by the ordinance of the municipality authorizing the bonds, called the authorizing ordinance, and in the case of tourism revenue bonds shall be subject to the approval of the city advertising and promotion commission. (2) The authorizing ordinance shall specify the nature and extent of the pledge of revenues derived from the hotel and restaurant tax and may contain such terms, covenants, and conditions pertaining to the collection, custody, and disposition of revenues derived from the hotel and restaurant tax as the governing body of the municipality deems desirable including, without limitation, a covenant that the hotel and restaurant tax will be collected so long as the bonds are outstanding. (3) (A) The provisions of the authorizing ordinance relating to the hotel and restaurant tax and the revenues derived therefrom together with this subchapter shall constitute a contract by and between the municipality and the holders and registered owners of the bonds authorized thereby, which contract and all covenants, agreements, and obligations therein shall be promptly performed in strict compliance with the terms and provisions of the contract. (B) The contract and all rights of the holders and registered owners of the bonds and all obligations of the municipality may be enforced by mandamus or any other appropriate proceeding at law or in equity.

(1) The pledge of revenues derived from the hotel and restaurant tax shall be by the ordinance of the municipality authorizing the bonds, called the authorizing ordinance, and in the case of tourism revenue bonds shall be subject to the approval of the city advertising and promotion commission.

(2) The authorizing ordinance shall specify the nature and extent of the pledge of revenues derived from the hotel and restaurant tax and may contain such terms, covenants, and conditions pertaining to the collection, custody, and disposition of revenues derived from the hotel and restaurant tax as the governing body of the municipality deems desirable including, without limitation, a covenant that the hotel and restaurant tax will be collected so long as the bonds are outstanding.

(3) (A) The provisions of the authorizing ordinance relating to the hotel and restaurant tax and the revenues derived therefrom together with this subchapter shall constitute a contract by and between the municipality and the holders and registered owners of the bonds authorized thereby, which contract and all covenants, agreements, and obligations therein shall be promptly performed in strict compliance with the terms and provisions of the contract. (B) The contract and all rights of the holders and registered owners of the bonds and all obligations of the municipality may be enforced by mandamus or any other appropriate proceeding at law or in equity.

(A) The provisions of the authorizing ordinance relating to the hotel and restaurant tax and the revenues derived therefrom together with this subchapter shall constitute a contract by and between the municipality and the holders and registered owners of the bonds authorized thereby, which contract and all covenants, agreements, and obligations therein shall be promptly performed in strict compliance with the terms and provisions of the contract.

(B) The contract and all rights of the holders and registered owners of the bonds and all obligations of the municipality may be enforced by mandamus or any other appropriate proceeding at law or in equity.

Acts 1965, No. 185, § 6; 1971, No. 188, § 1; 1975, No. 977, §§ 1, 2; 1979, No. 727, §§ 1, 2; A.S.A. 1947, §§ 19-4617, 19-4618, 19-4619; Acts 1993, No. 364, § 10.
Ark. Code Ann. § 26-26-310 — AR Code / Title 26 / Chapter 26 / Subchapter 3 / Section 26-26-310
[Effective Until 90 days after sine die adjournment] Certification of amount of property tax reduction
Status: in_force

(a) (1) On or before March 31 of each year, the county collector of each county shall certify to the Chief Fiscal Officer of the State the amount of the real property tax reduction provided in § 26-26-1118 . (2) (A) After receipt of the certification from the county collectors, the Chief Fiscal Officer of the State shall determine the proportionate share of the total statewide reduction attributable to each county. (B) (i) At the end of each month, the Chief Fiscal Officer of the State shall determine the balance in the Property Tax Relief Trust Fund and certify it to the Treasurer of State. (ii) The Treasurer of State shall make distributions from the Property Tax Relief Trust Fund to each county treasurer in accordance with the county's proportionate share of the total statewide property tax reduction for that calendar year resulting from the provisions of § 26-26-1118 . (iii) (a) Effective January 1, 2006, the Treasurer of State shall make a monthly distribution from the Property Tax Relief Trust Fund to each county treasurer. (b) The distributions for January, February, and March shall be in accordance with the county's proportionate share of the total statewide property tax reduction as of the final county certification of the previous year. (c) Beginning in April of each year, the distribution from the Property Tax Relief Trust Fund to each county treasurer shall be in accordance with the county's proportionate share of the total statewide property tax reduction for that calendar year under § 26-26-1118 . (C) (i) If the Chief Fiscal Officer of the State has not received all of the certifications from the county collectors, then the distribution of the Property Tax Relief Trust Fund shall be as follows until all certifications have been received: (a) The total amount of the Property Tax Relief Trust Fund to be distributed shall equal the total amount in the Property Tax Relief Trust Fund multiplied by the proportion of the previous year's total property assessment, less tangible personal property and property owned by utilities and regulated carriers, of the counties that have certified, divided by the previous year's total property assessment, less tangible personal property and property owned by utilities and regulated carriers in the state; and (b) Each county that has certified its property tax reduction shall receive an amount of the Property Tax Relief Trust Fund, as adjusted in subdivision (a)(2)(C)(i) (a) of this section, equal to the county's proportionate share of the total property tax reduction of the counties that have certified their property tax reductions. (ii) However, until all counties have certified their property tax reductions to the Chief Fiscal Officer of the State, no county shall receive more than seventy-five percent (75%) of its certified property tax reduction. (3) (A) (i) Funds so received by the county treasurers shall be credited to the county property tax relief fund. (ii) Ninety-six percent (96%) of the funds shall be allocated and distributed to the various taxing entities within the county that levy ad valorem taxes. (iii) The allocation shall be based on a certification from the county collector of the amount of the real property tax reduction per taxing entity provided in § 26-26-1118 . (iv) (a) The four percent (4%) retained in the county property tax relief fund is the commission of the county collector as authorized under § 21-6-305(a)(4) . (b) This commission shall become a part of the total commission of the county collector. (v) These funds are subject to § 21-6-305(d) . (B) Funds so received by the various taxing units shall be used for the same purposes and in the same proportions as otherwise provided by law. (b) (1) Distributions to each county shall continue on a monthly basis from the Property Tax Relief Trust Fund until the full amount certified by the county collectors, as of November 15 of each year, has been paid. (2) (A) In no event shall the amount distributed to a county during a calendar year from the Property Tax Relief Trust Fund exceed the final amount certified by the county collector as of November 15 as the property tax reduction for that calendar year resulting from § 26-26-1118 . (B) If a county is paid in excess of its proportionate share, the Chief Fiscal Officer of the State may reduce payments made to the county for the subsequent calendar year until the overpayment is recovered. (C) (i) On or before December 31 of each year, the Chief Fiscal Officer of the State, in cooperation with the Legislative Council and the Legislative Auditor, shall determine that portion of the balance remaining in the Property Tax Relief Trust Fund that is in excess of the required reimbursement to the counties and shall certify the excess to the Treasurer of State. (ii) Beginning December 31, 2005, and on December 31 of each subsequent year, the Treasurer of State shall: (a) Calculate each county's proportionate share of one million dollars ($1,000,000) based on the proportions used to reimburse the county for property tax reductions under subsection (a) of this section; (b) Transfer the amount calculated under subdivision (b)(2)(C)(ii) (a) of this section to the county treasurer for allocation to the county assessor for use by the county assessor for the costs of administering Arkansas Constitution, Amendment 79, including without limitation costs for personnel, equipment, services, and postage used in the administration of Arkansas Constitution, Amendment 79; (c) Distribute two million dollars ($2,000,000) from the Property Tax Relief Trust Fund to the counties in the state using the formula stated in § 19-5-602(c)(1)(A) ; and (d) Distribute two million dollars ($2,000,000) from the Property Tax Relief Trust Fund to the municipalities in the state using the formula stated in § 19-5-601(c) . (D) [Repealed.] (3) (A) The Legislative Auditor or his or her designee shall audit the books and records of the county assessor, county collector, or any other party as needed to ensure that the amount of the property tax reduction certified by the county collector is accurate. (B) The Chief Fiscal Officer of the State may adjust the amount certified by the county collector if it is discovered that the certified amount is incorrect. (c) (1) On or before June 30 and November 15 of each year, the county collector of each county shall recertify to the Chief Fiscal Officer of the State the amount of the real property tax reduction provided in § 26-26-1118 . (2) The recertification shall reflect the most current total of tax reductions based on corrections and amendments to the records of the county assessor. (3) After receipt of the recertification from the county collectors, the Chief Fiscal Officer of the State shall redetermine the proportionate share of the total statewide reduction attributable to each county. Amended by Act 2023, No. 610,§ 1, eff. 8/1/2023. Amended by Act 2021EX2, No. 2,§ 4, eff. 12/9/2021. Amended by Act 2021EX2, No. 1,§ 4, eff. 12/9/2021. Amended by Act 2019, No. 808,§ 1, eff. for assessment years beginning on or after 1/1/2019. Acts 2000 (2d Ex. Sess.), Nos. 1 and 2, § 4; 2001, No. 1275, § 3; 2001, No. 1544, § 2; 2005, No. 659, § 1; 2005, No. 1892, § 2. This section is set out more than once due to postponed, multiple, or conflicting amendments.

(a) (1) On or before March 31 of each year, the county collector of each county shall certify to the Chief Fiscal Officer of the State the amount of the real property tax reduction provided in § 26-26-1118 . (2) (A) After receipt of the certification from the county collectors, the Chief Fiscal Officer of the State shall determine the proportionate share of the total statewide reduction attributable to each county. (B) (i) At the end of each month, the Chief Fiscal Officer of the State shall determine the balance in the Property Tax Relief Trust Fund and certify it to the Treasurer of State. (ii) The Treasurer of State shall make distributions from the Property Tax Relief Trust Fund to each county treasurer in accordance with the county's proportionate share of the total statewide property tax reduction for that calendar year resulting from the provisions of § 26-26-1118 . (iii) (a) Effective January 1, 2006, the Treasurer of State shall make a monthly distribution from the Property Tax Relief Trust Fund to each county treasurer. (b) The distributions for January, February, and March shall be in accordance with the county's proportionate share of the total statewide property tax reduction as of the final county certification of the previous year. (c) Beginning in April of each year, the distribution from the Property Tax Relief Trust Fund to each county treasurer shall be in accordance with the county's proportionate share of the total statewide property tax reduction for that calendar year under § 26-26-1118 . (C) (i) If the Chief Fiscal Officer of the State has not received all of the certifications from the county collectors, then the distribution of the Property Tax Relief Trust Fund shall be as follows until all certifications have been received: (a) The total amount of the Property Tax Relief Trust Fund to be distributed shall equal the total amount in the Property Tax Relief Trust Fund multiplied by the proportion of the previous year's total property assessment, less tangible personal property and property owned by utilities and regulated carriers, of the counties that have certified, divided by the previous year's total property assessment, less tangible personal property and property owned by utilities and regulated carriers in the state; and (b) Each county that has certified its property tax reduction shall receive an amount of the Property Tax Relief Trust Fund, as adjusted in subdivision (a)(2)(C)(i) (a) of this section, equal to the county's proportionate share of the total property tax reduction of the counties that have certified their property tax reductions. (ii) However, until all counties have certified their property tax reductions to the Chief Fiscal Officer of the State, no county shall receive more than seventy-five percent (75%) of its certified property tax reduction. (3) (A) (i) Funds so received by the county treasurers shall be credited to the county property tax relief fund. (ii) Ninety-six percent (96%) of the funds shall be allocated and distributed to the various taxing entities within the county that levy ad valorem taxes. (iii) The allocation shall be based on a certification from the county collector of the amount of the real property tax reduction per taxing entity provided in § 26-26-1118 . (iv) (a) The four percent (4%) retained in the county property tax relief fund is the commission of the county collector as authorized under § 21-6-305(a)(4) . (b) This commission shall become a part of the total commission of the county collector. (v) These funds are subject to § 21-6-305(d) . (B) Funds so received by the various taxing units shall be used for the same purposes and in the same proportions as otherwise provided by law.

(1) On or before March 31 of each year, the county collector of each county shall certify to the Chief Fiscal Officer of the State the amount of the real property tax reduction provided in § 26-26-1118 .

(2) (A) After receipt of the certification from the county collectors, the Chief Fiscal Officer of the State shall determine the proportionate share of the total statewide reduction attributable to each county. (B) (i) At the end of each month, the Chief Fiscal Officer of the State shall determine the balance in the Property Tax Relief Trust Fund and certify it to the Treasurer of State. (ii) The Treasurer of State shall make distributions from the Property Tax Relief Trust Fund to each county treasurer in accordance with the county's proportionate share of the total statewide property tax reduction for that calendar year resulting from the provisions of § 26-26-1118 . (iii) (a) Effective January 1, 2006, the Treasurer of State shall make a monthly distribution from the Property Tax Relief Trust Fund to each county treasurer. (b) The distributions for January, February, and March shall be in accordance with the county's proportionate share of the total statewide property tax reduction as of the final county certification of the previous year. (c) Beginning in April of each year, the distribution from the Property Tax Relief Trust Fund to each county treasurer shall be in accordance with the county's proportionate share of the total statewide property tax reduction for that calendar year under § 26-26-1118 . (C) (i) If the Chief Fiscal Officer of the State has not received all of the certifications from the county collectors, then the distribution of the Property Tax Relief Trust Fund shall be as follows until all certifications have been received: (a) The total amount of the Property Tax Relief Trust Fund to be distributed shall equal the total amount in the Property Tax Relief Trust Fund multiplied by the proportion of the previous year's total property assessment, less tangible personal property and property owned by utilities and regulated carriers, of the counties that have certified, divided by the previous year's total property assessment, less tangible personal property and property owned by utilities and regulated carriers in the state; and (b) Each county that has certified its property tax reduction shall receive an amount of the Property Tax Relief Trust Fund, as adjusted in subdivision (a)(2)(C)(i) (a) of this section, equal to the county's proportionate share of the total property tax reduction of the counties that have certified their property tax reductions. (ii) However, until all counties have certified their property tax reductions to the Chief Fiscal Officer of the State, no county shall receive more than seventy-five percent (75%) of its certified property tax reduction.

(A) After receipt of the certification from the county collectors, the Chief Fiscal Officer of the State shall determine the proportionate share of the total statewide reduction attributable to each county.

(B) (i) At the end of each month, the Chief Fiscal Officer of the State shall determine the balance in the Property Tax Relief Trust Fund and certify it to the Treasurer of State. (ii) The Treasurer of State shall make distributions from the Property Tax Relief Trust Fund to each county treasurer in accordance with the county's proportionate share of the total statewide property tax reduction for that calendar year resulting from the provisions of § 26-26-1118 . (iii) (a) Effective January 1, 2006, the Treasurer of State shall make a monthly distribution from the Property Tax Relief Trust Fund to each county treasurer. (b) The distributions for January, February, and March shall be in accordance with the county's proportionate share of the total statewide property tax reduction as of the final county certification of the previous year. (c) Beginning in April of each year, the distribution from the Property Tax Relief Trust Fund to each county treasurer shall be in accordance with the county's proportionate share of the total statewide property tax reduction for that calendar year under § 26-26-1118 .

(i) At the end of each month, the Chief Fiscal Officer of the State shall determine the balance in the Property Tax Relief Trust Fund and certify it to the Treasurer of State.

(ii) The Treasurer of State shall make distributions from the Property Tax Relief Trust Fund to each county treasurer in accordance with the county's proportionate share of the total statewide property tax reduction for that calendar year resulting from the provisions of § 26-26-1118 .

(iii) (a) Effective January 1, 2006, the Treasurer of State shall make a monthly distribution from the Property Tax Relief Trust Fund to each county treasurer. (b) The distributions for January, February, and March shall be in accordance with the county's proportionate share of the total statewide property tax reduction as of the final county certification of the previous year. (c) Beginning in April of each year, the distribution from the Property Tax Relief Trust Fund to each county treasurer shall be in accordance with the county's proportionate share of the total statewide property tax reduction for that calendar year under § 26-26-1118 .

(a) Effective January 1, 2006, the Treasurer of State shall make a monthly distribution from the Property Tax Relief Trust Fund to each county treasurer.

(b) The distributions for January, February, and March shall be in accordance with the county's proportionate share of the total statewide property tax reduction as of the final county certification of the previous year.

(c) Beginning in April of each year, the distribution from the Property Tax Relief Trust Fund to each county treasurer shall be in accordance with the county's proportionate share of the total statewide property tax reduction for that calendar year under § 26-26-1118 .

(C) (i) If the Chief Fiscal Officer of the State has not received all of the certifications from the county collectors, then the distribution of the Property Tax Relief Trust Fund shall be as follows until all certifications have been received: (a) The total amount of the Property Tax Relief Trust Fund to be distributed shall equal the total amount in the Property Tax Relief Trust Fund multiplied by the proportion of the previous year's total property assessment, less tangible personal property and property owned by utilities and regulated carriers, of the counties that have certified, divided by the previous year's total property assessment, less tangible personal property and property owned by utilities and regulated carriers in the state; and (b) Each county that has certified its property tax reduction shall receive an amount of the Property Tax Relief Trust Fund, as adjusted in subdivision (a)(2)(C)(i) (a) of this section, equal to the county's proportionate share of the total property tax reduction of the counties that have certified their property tax reductions. (ii) However, until all counties have certified their property tax reductions to the Chief Fiscal Officer of the State, no county shall receive more than seventy-five percent (75%) of its certified property tax reduction.

(i) If the Chief Fiscal Officer of the State has not received all of the certifications from the county collectors, then the distribution of the Property Tax Relief Trust Fund shall be as follows until all certifications have been received: (a) The total amount of the Property Tax Relief Trust Fund to be distributed shall equal the total amount in the Property Tax Relief Trust Fund multiplied by the proportion of the previous year's total property assessment, less tangible personal property and property owned by utilities and regulated carriers, of the counties that have certified, divided by the previous year's total property assessment, less tangible personal property and property owned by utilities and regulated carriers in the state; and (b) Each county that has certified its property tax reduction shall receive an amount of the Property Tax Relief Trust Fund, as adjusted in subdivision (a)(2)(C)(i) (a) of this section, equal to the county's proportionate share of the total property tax reduction of the counties that have certified their property tax reductions.

(a) The total amount of the Property Tax Relief Trust Fund to be distributed shall equal the total amount in the Property Tax Relief Trust Fund multiplied by the proportion of the previous year's total property assessment, less tangible personal property and property owned by utilities and regulated carriers, of the counties that have certified, divided by the previous year's total property assessment, less tangible personal property and property owned by utilities and regulated carriers in the state; and

(b) Each county that has certified its property tax reduction shall receive an amount of the Property Tax Relief Trust Fund, as adjusted in subdivision (a)(2)(C)(i) (a) of this section, equal to the county's proportionate share of the total property tax reduction of the counties that have certified their property tax reductions.

(ii) However, until all counties have certified their property tax reductions to the Chief Fiscal Officer of the State, no county shall receive more than seventy-five percent (75%) of its certified property tax reduction.

(3) (A) (i) Funds so received by the county treasurers shall be credited to the county property tax relief fund. (ii) Ninety-six percent (96%) of the funds shall be allocated and distributed to the various taxing entities within the county that levy ad valorem taxes. (iii) The allocation shall be based on a certification from the county collector of the amount of the real property tax reduction per taxing entity provided in § 26-26-1118 . (iv) (a) The four percent (4%) retained in the county property tax relief fund is the commission of the county collector as authorized under § 21-6-305(a)(4) . (b) This commission shall become a part of the total commission of the county collector. (v) These funds are subject to § 21-6-305(d) . (B) Funds so received by the various taxing units shall be used for the same purposes and in the same proportions as otherwise provided by law.

(A) (i) Funds so received by the county treasurers shall be credited to the county property tax relief fund. (ii) Ninety-six percent (96%) of the funds shall be allocated and distributed to the various taxing entities within the county that levy ad valorem taxes. (iii) The allocation shall be based on a certification from the county collector of the amount of the real property tax reduction per taxing entity provided in § 26-26-1118 . (iv) (a) The four percent (4%) retained in the county property tax relief fund is the commission of the county collector as authorized under § 21-6-305(a)(4) . (b) This commission shall become a part of the total commission of the county collector. (v) These funds are subject to § 21-6-305(d) .

(i) Funds so received by the county treasurers shall be credited to the county property tax relief fund.

(ii) Ninety-six percent (96%) of the funds shall be allocated and distributed to the various taxing entities within the county that levy ad valorem taxes.

(iii) The allocation shall be based on a certification from the county collector of the amount of the real property tax reduction per taxing entity provided in § 26-26-1118 .

(iv) (a) The four percent (4%) retained in the county property tax relief fund is the commission of the county collector as authorized under § 21-6-305(a)(4) . (b) This commission shall become a part of the total commission of the county collector.

(a) The four percent (4%) retained in the county property tax relief fund is the commission of the county collector as authorized under § 21-6-305(a)(4) .

(b) This commission shall become a part of the total commission of the county collector.

(v) These funds are subject to § 21-6-305(d) .

(B) Funds so received by the various taxing units shall be used for the same purposes and in the same proportions as otherwise provided by law.

(b) (1) Distributions to each county shall continue on a monthly basis from the Property Tax Relief Trust Fund until the full amount certified by the county collectors, as of November 15 of each year, has been paid. (2) (A) In no event shall the amount distributed to a county during a calendar year from the Property Tax Relief Trust Fund exceed the final amount certified by the county collector as of November 15 as the property tax reduction for that calendar year resulting from § 26-26-1118 . (B) If a county is paid in excess of its proportionate share, the Chief Fiscal Officer of the State may reduce payments made to the county for the subsequent calendar year until the overpayment is recovered. (C) (i) On or before December 31 of each year, the Chief Fiscal Officer of the State, in cooperation with the Legislative Council and the Legislative Auditor, shall determine that portion of the balance remaining in the Property Tax Relief Trust Fund that is in excess of the required reimbursement to the counties and shall certify the excess to the Treasurer of State. (ii) Beginning December 31, 2005, and on December 31 of each subsequent year, the Treasurer of State shall: (a) Calculate each county's proportionate share of one million dollars ($1,000,000) based on the proportions used to reimburse the county for property tax reductions under subsection (a) of this section; (b) Transfer the amount calculated under subdivision (b)(2)(C)(ii) (a) of this section to the county treasurer for allocation to the county assessor for use by the county assessor for the costs of administering Arkansas Constitution, Amendment 79, including without limitation costs for personnel, equipment, services, and postage used in the administration of Arkansas Constitution, Amendment 79; (c) Distribute two million dollars ($2,000,000) from the Property Tax Relief Trust Fund to the counties in the state using the formula stated in § 19-5-602(c)(1)(A) ; and (d) Distribute two million dollars ($2,000,000) from the Property Tax Relief Trust Fund to the municipalities in the state using the formula stated in § 19-5-601(c) . (D) [Repealed.] (3) (A) The Legislative Auditor or his or her designee shall audit the books and records of the county assessor, county collector, or any other party as needed to ensure that the amount of the property tax reduction certified by the county collector is accurate. (B) The Chief Fiscal Officer of the State may adjust the amount certified by the county collector if it is discovered that the certified amount is incorrect.

(1) Distributions to each county shall continue on a monthly basis from the Property Tax Relief Trust Fund until the full amount certified by the county collectors, as of November 15 of each year, has been paid.

(2) (A) In no event shall the amount distributed to a county during a calendar year from the Property Tax Relief Trust Fund exceed the final amount certified by the county collector as of November 15 as the property tax reduction for that calendar year resulting from § 26-26-1118 . (B) If a county is paid in excess of its proportionate share, the Chief Fiscal Officer of the State may reduce payments made to the county for the subsequent calendar year until the overpayment is recovered. (C) (i) On or before December 31 of each year, the Chief Fiscal Officer of the State, in cooperation with the Legislative Council and the Legislative Auditor, shall determine that portion of the balance remaining in the Property Tax Relief Trust Fund that is in excess of the required reimbursement to the counties and shall certify the excess to the Treasurer of State. (ii) Beginning December 31, 2005, and on December 31 of each subsequent year, the Treasurer of State shall: (a) Calculate each county's proportionate share of one million dollars ($1,000,000) based on the proportions used to reimburse the county for property tax reductions under subsection (a) of this section; (b) Transfer the amount calculated under subdivision (b)(2)(C)(ii) (a) of this section to the county treasurer for allocation to the county assessor for use by the county assessor for the costs of administering Arkansas Constitution, Amendment 79, including without limitation costs for personnel, equipment, services, and postage used in the administration of Arkansas Constitution, Amendment 79; (c) Distribute two million dollars ($2,000,000) from the Property Tax Relief Trust Fund to the counties in the state using the formula stated in § 19-5-602(c)(1)(A) ; and (d) Distribute two million dollars ($2,000,000) from the Property Tax Relief Trust Fund to the municipalities in the state using the formula stated in § 19-5-601(c) . (D) [Repealed.]

(A) In no event shall the amount distributed to a county during a calendar year from the Property Tax Relief Trust Fund exceed the final amount certified by the county collector as of November 15 as the property tax reduction for that calendar year resulting from § 26-26-1118 .

(B) If a county is paid in excess of its proportionate share, the Chief Fiscal Officer of the State may reduce payments made to the county for the subsequent calendar year until the overpayment is recovered.

(C) (i) On or before December 31 of each year, the Chief Fiscal Officer of the State, in cooperation with the Legislative Council and the Legislative Auditor, shall determine that portion of the balance remaining in the Property Tax Relief Trust Fund that is in excess of the required reimbursement to the counties and shall certify the excess to the Treasurer of State. (ii) Beginning December 31, 2005, and on December 31 of each subsequent year, the Treasurer of State shall: (a) Calculate each county's proportionate share of one million dollars ($1,000,000) based on the proportions used to reimburse the county for property tax reductions under subsection (a) of this section; (b) Transfer the amount calculated under subdivision (b)(2)(C)(ii) (a) of this section to the county treasurer for allocation to the county assessor for use by the county assessor for the costs of administering Arkansas Constitution, Amendment 79, including without limitation costs for personnel, equipment, services, and postage used in the administration of Arkansas Constitution, Amendment 79; (c) Distribute two million dollars ($2,000,000) from the Property Tax Relief Trust Fund to the counties in the state using the formula stated in § 19-5-602(c)(1)(A) ; and (d) Distribute two million dollars ($2,000,000) from the Property Tax Relief Trust Fund to the municipalities in the state using the formula stated in § 19-5-601(c) .

(i) On or before December 31 of each year, the Chief Fiscal Officer of the State, in cooperation with the Legislative Council and the Legislative Auditor, shall determine that portion of the balance remaining in the Property Tax Relief Trust Fund that is in excess of the required reimbursement to the counties and shall certify the excess to the Treasurer of State.

(ii) Beginning December 31, 2005, and on December 31 of each subsequent year, the Treasurer of State shall: (a) Calculate each county's proportionate share of one million dollars ($1,000,000) based on the proportions used to reimburse the county for property tax reductions under subsection (a) of this section; (b) Transfer the amount calculated under subdivision (b)(2)(C)(ii) (a) of this section to the county treasurer for allocation to the county assessor for use by the county assessor for the costs of administering Arkansas Constitution, Amendment 79, including without limitation costs for personnel, equipment, services, and postage used in the administration of Arkansas Constitution, Amendment 79; (c) Distribute two million dollars ($2,000,000) from the Property Tax Relief Trust Fund to the counties in the state using the formula stated in § 19-5-602(c)(1)(A) ; and (d) Distribute two million dollars ($2,000,000) from the Property Tax Relief Trust Fund to the municipalities in the state using the formula stated in § 19-5-601(c) .

(a) Calculate each county's proportionate share of one million dollars ($1,000,000) based on the proportions used to reimburse the county for property tax reductions under subsection (a) of this section;

(b) Transfer the amount calculated under subdivision (b)(2)(C)(ii) (a) of this section to the county treasurer for allocation to the county assessor for use by the county assessor for the costs of administering Arkansas Constitution, Amendment 79, including without limitation costs for personnel, equipment, services, and postage used in the administration of Arkansas Constitution, Amendment 79;

(c) Distribute two million dollars ($2,000,000) from the Property Tax Relief Trust Fund to the counties in the state using the formula stated in § 19-5-602(c)(1)(A) ; and

(d) Distribute two million dollars ($2,000,000) from the Property Tax Relief Trust Fund to the municipalities in the state using the formula stated in § 19-5-601(c) .

(D) [Repealed.]

(3) (A) The Legislative Auditor or his or her designee shall audit the books and records of the county assessor, county collector, or any other party as needed to ensure that the amount of the property tax reduction certified by the county collector is accurate. (B) The Chief Fiscal Officer of the State may adjust the amount certified by the county collector if it is discovered that the certified amount is incorrect.

(A) The Legislative Auditor or his or her designee shall audit the books and records of the county assessor, county collector, or any other party as needed to ensure that the amount of the property tax reduction certified by the county collector is accurate.

(B) The Chief Fiscal Officer of the State may adjust the amount certified by the county collector if it is discovered that the certified amount is incorrect.

(c) (1) On or before June 30 and November 15 of each year, the county collector of each county shall recertify to the Chief Fiscal Officer of the State the amount of the real property tax reduction provided in § 26-26-1118 . (2) The recertification shall reflect the most current total of tax reductions based on corrections and amendments to the records of the county assessor. (3) After receipt of the recertification from the county collectors, the Chief Fiscal Officer of the State shall redetermine the proportionate share of the total statewide reduction attributable to each county.

(1) On or before June 30 and November 15 of each year, the county collector of each county shall recertify to the Chief Fiscal Officer of the State the amount of the real property tax reduction provided in § 26-26-1118 .

(2) The recertification shall reflect the most current total of tax reductions based on corrections and amendments to the records of the county assessor.

(3) After receipt of the recertification from the county collectors, the Chief Fiscal Officer of the State shall redetermine the proportionate share of the total statewide reduction attributable to each county.

Amended by Act 2023, No. 610,§ 1, eff. 8/1/2023.

Amended by Act 2021EX2, No. 2,§ 4, eff. 12/9/2021.

Amended by Act 2021EX2, No. 1,§ 4, eff. 12/9/2021.

Amended by Act 2019, No. 808,§ 1, eff. for assessment years beginning on or after 1/1/2019.

Acts 2000 (2d Ex. Sess.), Nos. 1 and 2, § 4; 2001, No. 1275, § 3; 2001, No. 1544, § 2; 2005, No. 659, § 1; 2005, No. 1892, § 2.

This section is set out more than once due to postponed, multiple, or conflicting amendments.
Ark. Code Ann. § 26-36-201 — AR Code / Title 26 / Chapter 36 / Subchapter 2 / Section 26-36-201
Dates taxes due and payable
Status: in_force

(a) (1) (A) Except as provided in subdivision (a)(1)(B) of this section, all taxes levied on real estate and personal property for the county courts of this state, when assembled for the purpose of levying taxes, are due and payable at the county collector's office between the first business day of March and October 15 inclusive. (B) A county collector may open the tax books for payment of taxes before the first business day in March if: (i) The tax books have been delivered; and (ii) The real and personal property taxes have been certified for collection. (2) All taxes unpaid after October 15 are delinquent. (b) (1) The county collector shall extend a penalty of ten percent (10%) against all delinquent taxpayers that have not paid their taxes within the time limit specified. (2) The county collector shall collect the penalty provided in subdivision (b)(1) of this section. (c) The county collector shall extend an additional penalty of ten percent (10%) upon all delinquent taxpayers if the taxpayers' delinquent personal property taxes are not satisfied or paid in full by October 15 following the purchase of a business or the assets, goods, chattels, inventory, or equipment of a business not in the ordinary course of business. (d) A penalty shall not be assessed against a taxpayer who is a member of the United States Armed Forces, reserve component of the armed forces, or the National Guard during the taxpayer's deployment plus one (1) tax year after the deployment ends. (e) When October 15 falls on a Saturday, Sunday, or a holiday observed by the United States Postal Service, the taxes shall become due and payable the following business day that is not a holiday observed by the United States Postal Service. Amended by Act 2021, No. 307,§ 4, eff. 3/9/2021. Acts 1935, No. 282, § 1; Pope's Dig., § 13843; Acts 1975, No. 574, § 5; A.S.A. 1947, § 84-1001; Acts 1993, No. 984, § 1; 2005, No. 135, § 1; 2011, No. 821, § 4.

(a) (1) (A) Except as provided in subdivision (a)(1)(B) of this section, all taxes levied on real estate and personal property for the county courts of this state, when assembled for the purpose of levying taxes, are due and payable at the county collector's office between the first business day of March and October 15 inclusive. (B) A county collector may open the tax books for payment of taxes before the first business day in March if: (i) The tax books have been delivered; and (ii) The real and personal property taxes have been certified for collection. (2) All taxes unpaid after October 15 are delinquent.

(1) (A) Except as provided in subdivision (a)(1)(B) of this section, all taxes levied on real estate and personal property for the county courts of this state, when assembled for the purpose of levying taxes, are due and payable at the county collector's office between the first business day of March and October 15 inclusive. (B) A county collector may open the tax books for payment of taxes before the first business day in March if: (i) The tax books have been delivered; and (ii) The real and personal property taxes have been certified for collection.

(A) Except as provided in subdivision (a)(1)(B) of this section, all taxes levied on real estate and personal property for the county courts of this state, when assembled for the purpose of levying taxes, are due and payable at the county collector's office between the first business day of March and October 15 inclusive.

(B) A county collector may open the tax books for payment of taxes before the first business day in March if: (i) The tax books have been delivered; and (ii) The real and personal property taxes have been certified for collection.

(i) The tax books have been delivered; and

(ii) The real and personal property taxes have been certified for collection.

(2) All taxes unpaid after October 15 are delinquent.

(b) (1) The county collector shall extend a penalty of ten percent (10%) against all delinquent taxpayers that have not paid their taxes within the time limit specified. (2) The county collector shall collect the penalty provided in subdivision (b)(1) of this section.

(1) The county collector shall extend a penalty of ten percent (10%) against all delinquent taxpayers that have not paid their taxes within the time limit specified.

(2) The county collector shall collect the penalty provided in subdivision (b)(1) of this section.

(c) The county collector shall extend an additional penalty of ten percent (10%) upon all delinquent taxpayers if the taxpayers' delinquent personal property taxes are not satisfied or paid in full by October 15 following the purchase of a business or the assets, goods, chattels, inventory, or equipment of a business not in the ordinary course of business.

(d) A penalty shall not be assessed against a taxpayer who is a member of the United States Armed Forces, reserve component of the armed forces, or the National Guard during the taxpayer's deployment plus one (1) tax year after the deployment ends.

(e) When October 15 falls on a Saturday, Sunday, or a holiday observed by the United States Postal Service, the taxes shall become due and payable the following business day that is not a holiday observed by the United States Postal Service.

Amended by Act 2021, No. 307,§ 4, eff. 3/9/2021.

Acts 1935, No. 282, § 1; Pope's Dig., § 13843; Acts 1975, No. 574, § 5; A.S.A. 1947, § 84-1001; Acts 1993, No. 984, § 1; 2005, No. 135, § 1; 2011, No. 821, § 4.
Ark. Code Ann. § 26-26-307 — AR Code / Title 26 / Chapter 26 / Subchapter 3 / Section 26-26-307
Completion of reappraisal - Suspension of penalties
Status: in_force

(a) When there is a countywide reappraisal of property for ad valorem tax purposes in any county, which reappraisal is conducted over a period of two (2) or more years, taxes shall not be assessed on the basis of the reappraised value of any property in the county until all taxable property in the county has been reappraised. When a countywide reappraisal of property is completed in any county and taxes are first assessed on the newly reappraised values, the provisions of Arkansas Constitution, Amendment 59, and § 26-26-401 et seq. relative to the adjustment or rollback of millage levied for ad valorem tax purposes shall be applicable. (b) Provided that newly discovered real property, new construction and improvements to real property, and personal property, shall be listed, appraised and assessed as otherwise provided by law until the countywide reappraisal of property is completed. (c) No county which is conducting a comprehensive countywide reappraisal of property for ad valorem tax purposes which is in progress on the third Monday in November in any year, or any municipality or school district therein, shall be subject to any penalties provided in § 26-26-304 for such fiscal year if the following requirements are met: (1) The reappraisal meets the requirements of § 26-26-401 ; and (2) The reappraisal is conducted in accordance with a plan which has been approved by the Assessment Coordination Division and provides that the reappraisal will be completed within twenty-four (24) months following the date of such approval. Acts 1997, No. 836, § 3.

(a) When there is a countywide reappraisal of property for ad valorem tax purposes in any county, which reappraisal is conducted over a period of two (2) or more years, taxes shall not be assessed on the basis of the reappraised value of any property in the county until all taxable property in the county has been reappraised. When a countywide reappraisal of property is completed in any county and taxes are first assessed on the newly reappraised values, the provisions of Arkansas Constitution, Amendment 59, and § 26-26-401 et seq. relative to the adjustment or rollback of millage levied for ad valorem tax purposes shall be applicable.

(b) Provided that newly discovered real property, new construction and improvements to real property, and personal property, shall be listed, appraised and assessed as otherwise provided by law until the countywide reappraisal of property is completed.

(c) No county which is conducting a comprehensive countywide reappraisal of property for ad valorem tax purposes which is in progress on the third Monday in November in any year, or any municipality or school district therein, shall be subject to any penalties provided in § 26-26-304 for such fiscal year if the following requirements are met: (1) The reappraisal meets the requirements of § 26-26-401 ; and (2) The reappraisal is conducted in accordance with a plan which has been approved by the Assessment Coordination Division and provides that the reappraisal will be completed within twenty-four (24) months following the date of such approval.

(1) The reappraisal meets the requirements of § 26-26-401 ; and

(2) The reappraisal is conducted in accordance with a plan which has been approved by the Assessment Coordination Division and provides that the reappraisal will be completed within twenty-four (24) months following the date of such approval.

Acts 1997, No. 836, § 3.
Ark. Code Ann. § 26-80-101 — AR Code / Title 26 / Chapter 80 / Subchapter 1 / Section 26-80-101
Uniform rate of tax - Definitions
Status: in_force

(a) There is established a uniform rate of ad valorem property tax of twenty-five (25) mills to be levied on the assessed value of all taxable real property, personal property, and utility property in the state to be used solely by school districts to which it may be distributed according to law for maintenance and operation of the schools. (b) (1) (A) The uniform rate of tax shall be assessed and collected in the same manner as other school property taxes, but the net revenues from the uniform rate of tax shall be remitted to the Treasurer of State and distributed by the state to the county treasurer of each county for distribution to the school districts in that county as provided by subsection (c) of this section. (B) No portion of the revenues from the uniform rate of tax shall be retained by the state but shall be distributed back to the school district from which the revenues were received or to other school districts pursuant to subsection (c) of this section. (C) No additional fees or charges shall be assessed at the local level for transmission and redistribution of these funds. (D) The revenues so distributed shall be used by the school districts solely for maintenance and operation of schools. (2) (A) The Treasurer of State shall establish procedures, forms, and documentation requirements for the certification of net revenues produced by the uniform rate of tax to be deposited with the Treasurer of State and redistributed as provided by law. (B) Further, the Treasurer of State shall establish procedures, forms, and documentation requirements for the actual deposit and redistribution of the net revenues produced by the uniform rate of tax. (3) Each county treasurer shall execute an electronic funds transfer agreement with the Treasurer of State to effectuate the contemporaneous transmittal of funds to the Treasurer of State and the redistribution as provided by law of the net revenues produced by the uniform rate of tax. (4) (A) (i) The Treasurer of State shall process the necessary documentation to certify the amount to be receipted and redistributed to each county treasurer no more than six (6) times each month, with no interim distributions. (ii) By January 31, 2012, and by January 31 of each year thereafter, each county treasurer shall provide an annual summary report of all proceeds generated from ad valorem tax and distributed by the county to a school district for the period beginning January 1 and ending on December 31 of the preceding calendar year to the: (a) Treasurer of State; (b) Division of Elementary and Secondary Education; and (c) Superintendent of the school district to which the proceeds from the uniform rate of tax are distributed by the county. (iii) Failure to report the annual summary required under subdivision (b)(4)(A)(ii) of this section by the county treasurer by the January 31 deadline shall result in the withholding of all reappraisal funding provided under § 26-26-1907 until the county treasurer complies with subdivision (b)(4)(A)(ii) of this section. (iv) Funds withheld under subdivision (b)(4)(A)(iii) of this section are forfeited as follows: (a) Twenty percent (20%) of withheld reappraisal funds are forfeited every two (2) months of noncompliance; and (b) After ten (10) months of noncompliance, the total amount of withheld reappraisal funds is forfeited. (v) A county is not relieved of the requirement to reappraise property, and funding for reappraisal shall be by local taxing unit sources until the county complies with this subdivision (b)(4)(A). (vi) The Division of Elementary and Secondary Education shall notify the Assessment Coordination Division if a county treasurer violates subdivision (b)(4)(A)(ii) of this section and withholding of reappraisal funding under this subdivision (b)(4)(A) is authorized. (B) Documentation received and certified on the first, second, third, or fourth Tuesday, or second or third Thursday of each month by the time deadlines established by the Treasurer of State shall be processed for execution of the electronic funds transfer of deposit and redistribution, as provided by law, of the net revenues produced by the uniform rate of tax on the following day. (C) When a banking holiday occurs, the Treasurer of State shall notify the county treasurers of the revised deadline, which shall minimize delay in the receipt and redistribution, as provided by law, of the net revenues of the uniform rate of tax. (5) Each county official involved in the process established by the Treasurer of State for receipt and redistribution of the net revenues of the uniform rate of tax shall take all actions and do all things necessary to ensure that the process established is carried out in an efficient and prudent manner. (6) (A) (i) It is the intent of the General Assembly to have the collection and distribution of tax revenues modified as little as possible by the process under this section. (ii) The General Assembly specifically acknowledges that under other law county treasurers distribute revenues monthly on a pro rata basis to the various taxing units with a reconciliation of actual revenues produced by each levy of each taxing unit in the county taking place only in the final settlement produced for each tax year. (B) The process under this section is not intended to affect the monthly distribution or final settlement process except for the process set out in subdivision (b)(4) of this section. (c) For each school year, each county treasurer shall remit the net revenues from the uniform rate of tax to each local school district from which the revenues were derived. (d) As used in this section: (1) "Millage rate" means the millage rate listed in the most recent tax ordinance approved by the county quorum court under the authority of § 14-14-904 for the tax year used in a calculation under this subchapter; (2) "Net revenues" means the revenues generated from ad valorem taxes collected on behalf of a school district multiplied by the ratio derived from dividing the uniform rate of tax by the total millage rate of the school district; and (3) "Revenues" means the proceeds generated from ad valorem taxes, including: (A) Current calendar year collections of ad valorem taxes; (B) (i) Delinquent ad valorem taxes paid to the county in the current calendar year. (ii) Delinquent ad valorem taxes include the penalties and interest that are distributable to a school district under existing law; (C) The actual amount of homestead tax credit paid to the county in the current calendar year; (D) Excess commissions that will be distributed to a school district in the current calendar year; (E) Interest earned in the current calendar year on any tax funds held in trust and distributed to a school district in the current calendar year; (F) Ad valorem tax proceeds from land redemptions received by the county in the current calendar year; and (G) A subtraction of all costs and commissions authorized by law relating to the collection of ad valorem taxes that the county deducts from distributions to a school district in the current calendar year. Amended by Act 2019, No. 910,§ 2404, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 2403, eff. 7/1/2019. Acts 1931, No. 169, § 130; Pope's Dig., § 11572; A.S.A. 1947, § 80-601; Acts 1997, No. 1300, § 6; 1999, No. 787, § 1; 2003 (2nd Ex. Sess.), No. 28, § 6; 2003 (2nd Ex. Sess.), No. 105, § 8; 2007, No. 343, § 1; 2009, No. 1397, § 6; 2011, No. 633, § 3.

(a) There is established a uniform rate of ad valorem property tax of twenty-five (25) mills to be levied on the assessed value of all taxable real property, personal property, and utility property in the state to be used solely by school districts to which it may be distributed according to law for maintenance and operation of the schools.

(b) (1) (A) The uniform rate of tax shall be assessed and collected in the same manner as other school property taxes, but the net revenues from the uniform rate of tax shall be remitted to the Treasurer of State and distributed by the state to the county treasurer of each county for distribution to the school districts in that county as provided by subsection (c) of this section. (B) No portion of the revenues from the uniform rate of tax shall be retained by the state but shall be distributed back to the school district from which the revenues were received or to other school districts pursuant to subsection (c) of this section. (C) No additional fees or charges shall be assessed at the local level for transmission and redistribution of these funds. (D) The revenues so distributed shall be used by the school districts solely for maintenance and operation of schools. (2) (A) The Treasurer of State shall establish procedures, forms, and documentation requirements for the certification of net revenues produced by the uniform rate of tax to be deposited with the Treasurer of State and redistributed as provided by law. (B) Further, the Treasurer of State shall establish procedures, forms, and documentation requirements for the actual deposit and redistribution of the net revenues produced by the uniform rate of tax. (3) Each county treasurer shall execute an electronic funds transfer agreement with the Treasurer of State to effectuate the contemporaneous transmittal of funds to the Treasurer of State and the redistribution as provided by law of the net revenues produced by the uniform rate of tax. (4) (A) (i) The Treasurer of State shall process the necessary documentation to certify the amount to be receipted and redistributed to each county treasurer no more than six (6) times each month, with no interim distributions. (ii) By January 31, 2012, and by January 31 of each year thereafter, each county treasurer shall provide an annual summary report of all proceeds generated from ad valorem tax and distributed by the county to a school district for the period beginning January 1 and ending on December 31 of the preceding calendar year to the: (a) Treasurer of State; (b) Division of Elementary and Secondary Education; and (c) Superintendent of the school district to which the proceeds from the uniform rate of tax are distributed by the county. (iii) Failure to report the annual summary required under subdivision (b)(4)(A)(ii) of this section by the county treasurer by the January 31 deadline shall result in the withholding of all reappraisal funding provided under § 26-26-1907 until the county treasurer complies with subdivision (b)(4)(A)(ii) of this section. (iv) Funds withheld under subdivision (b)(4)(A)(iii) of this section are forfeited as follows: (a) Twenty percent (20%) of withheld reappraisal funds are forfeited every two (2) months of noncompliance; and (b) After ten (10) months of noncompliance, the total amount of withheld reappraisal funds is forfeited. (v) A county is not relieved of the requirement to reappraise property, and funding for reappraisal shall be by local taxing unit sources until the county complies with this subdivision (b)(4)(A). (vi) The Division of Elementary and Secondary Education shall notify the Assessment Coordination Division if a county treasurer violates subdivision (b)(4)(A)(ii) of this section and withholding of reappraisal funding under this subdivision (b)(4)(A) is authorized. (B) Documentation received and certified on the first, second, third, or fourth Tuesday, or second or third Thursday of each month by the time deadlines established by the Treasurer of State shall be processed for execution of the electronic funds transfer of deposit and redistribution, as provided by law, of the net revenues produced by the uniform rate of tax on the following day. (C) When a banking holiday occurs, the Treasurer of State shall notify the county treasurers of the revised deadline, which shall minimize delay in the receipt and redistribution, as provided by law, of the net revenues of the uniform rate of tax. (5) Each county official involved in the process established by the Treasurer of State for receipt and redistribution of the net revenues of the uniform rate of tax shall take all actions and do all things necessary to ensure that the process established is carried out in an efficient and prudent manner. (6) (A) (i) It is the intent of the General Assembly to have the collection and distribution of tax revenues modified as little as possible by the process under this section. (ii) The General Assembly specifically acknowledges that under other law county treasurers distribute revenues monthly on a pro rata basis to the various taxing units with a reconciliation of actual revenues produced by each levy of each taxing unit in the county taking place only in the final settlement produced for each tax year. (B) The process under this section is not intended to affect the monthly distribution or final settlement process except for the process set out in subdivision (b)(4) of this section.

(1) (A) The uniform rate of tax shall be assessed and collected in the same manner as other school property taxes, but the net revenues from the uniform rate of tax shall be remitted to the Treasurer of State and distributed by the state to the county treasurer of each county for distribution to the school districts in that county as provided by subsection (c) of this section. (B) No portion of the revenues from the uniform rate of tax shall be retained by the state but shall be distributed back to the school district from which the revenues were received or to other school districts pursuant to subsection (c) of this section. (C) No additional fees or charges shall be assessed at the local level for transmission and redistribution of these funds. (D) The revenues so distributed shall be used by the school districts solely for maintenance and operation of schools.

(A) The uniform rate of tax shall be assessed and collected in the same manner as other school property taxes, but the net revenues from the uniform rate of tax shall be remitted to the Treasurer of State and distributed by the state to the county treasurer of each county for distribution to the school districts in that county as provided by subsection (c) of this section.

(B) No portion of the revenues from the uniform rate of tax shall be retained by the state but shall be distributed back to the school district from which the revenues were received or to other school districts pursuant to subsection (c) of this section.

(C) No additional fees or charges shall be assessed at the local level for transmission and redistribution of these funds.

(D) The revenues so distributed shall be used by the school districts solely for maintenance and operation of schools.

(2) (A) The Treasurer of State shall establish procedures, forms, and documentation requirements for the certification of net revenues produced by the uniform rate of tax to be deposited with the Treasurer of State and redistributed as provided by law. (B) Further, the Treasurer of State shall establish procedures, forms, and documentation requirements for the actual deposit and redistribution of the net revenues produced by the uniform rate of tax.

(A) The Treasurer of State shall establish procedures, forms, and documentation requirements for the certification of net revenues produced by the uniform rate of tax to be deposited with the Treasurer of State and redistributed as provided by law.

(B) Further, the Treasurer of State shall establish procedures, forms, and documentation requirements for the actual deposit and redistribution of the net revenues produced by the uniform rate of tax.

(3) Each county treasurer shall execute an electronic funds transfer agreement with the Treasurer of State to effectuate the contemporaneous transmittal of funds to the Treasurer of State and the redistribution as provided by law of the net revenues produced by the uniform rate of tax.

(4) (A) (i) The Treasurer of State shall process the necessary documentation to certify the amount to be receipted and redistributed to each county treasurer no more than six (6) times each month, with no interim distributions. (ii) By January 31, 2012, and by January 31 of each year thereafter, each county treasurer shall provide an annual summary report of all proceeds generated from ad valorem tax and distributed by the county to a school district for the period beginning January 1 and ending on December 31 of the preceding calendar year to the: (a) Treasurer of State; (b) Division of Elementary and Secondary Education; and (c) Superintendent of the school district to which the proceeds from the uniform rate of tax are distributed by the county. (iii) Failure to report the annual summary required under subdivision (b)(4)(A)(ii) of this section by the county treasurer by the January 31 deadline shall result in the withholding of all reappraisal funding provided under § 26-26-1907 until the county treasurer complies with subdivision (b)(4)(A)(ii) of this section. (iv) Funds withheld under subdivision (b)(4)(A)(iii) of this section are forfeited as follows: (a) Twenty percent (20%) of withheld reappraisal funds are forfeited every two (2) months of noncompliance; and (b) After ten (10) months of noncompliance, the total amount of withheld reappraisal funds is forfeited. (v) A county is not relieved of the requirement to reappraise property, and funding for reappraisal shall be by local taxing unit sources until the county complies with this subdivision (b)(4)(A). (vi) The Division of Elementary and Secondary Education shall notify the Assessment Coordination Division if a county treasurer violates subdivision (b)(4)(A)(ii) of this section and withholding of reappraisal funding under this subdivision (b)(4)(A) is authorized. (B) Documentation received and certified on the first, second, third, or fourth Tuesday, or second or third Thursday of each month by the time deadlines established by the Treasurer of State shall be processed for execution of the electronic funds transfer of deposit and redistribution, as provided by law, of the net revenues produced by the uniform rate of tax on the following day. (C) When a banking holiday occurs, the Treasurer of State shall notify the county treasurers of the revised deadline, which shall minimize delay in the receipt and redistribution, as provided by law, of the net revenues of the uniform rate of tax.

(A) (i) The Treasurer of State shall process the necessary documentation to certify the amount to be receipted and redistributed to each county treasurer no more than six (6) times each month, with no interim distributions. (ii) By January 31, 2012, and by January 31 of each year thereafter, each county treasurer shall provide an annual summary report of all proceeds generated from ad valorem tax and distributed by the county to a school district for the period beginning January 1 and ending on December 31 of the preceding calendar year to the: (a) Treasurer of State; (b) Division of Elementary and Secondary Education; and (c) Superintendent of the school district to which the proceeds from the uniform rate of tax are distributed by the county. (iii) Failure to report the annual summary required under subdivision (b)(4)(A)(ii) of this section by the county treasurer by the January 31 deadline shall result in the withholding of all reappraisal funding provided under § 26-26-1907 until the county treasurer complies with subdivision (b)(4)(A)(ii) of this section. (iv) Funds withheld under subdivision (b)(4)(A)(iii) of this section are forfeited as follows: (a) Twenty percent (20%) of withheld reappraisal funds are forfeited every two (2) months of noncompliance; and (b) After ten (10) months of noncompliance, the total amount of withheld reappraisal funds is forfeited. (v) A county is not relieved of the requirement to reappraise property, and funding for reappraisal shall be by local taxing unit sources until the county complies with this subdivision (b)(4)(A). (vi) The Division of Elementary and Secondary Education shall notify the Assessment Coordination Division if a county treasurer violates subdivision (b)(4)(A)(ii) of this section and withholding of reappraisal funding under this subdivision (b)(4)(A) is authorized.

(i) The Treasurer of State shall process the necessary documentation to certify the amount to be receipted and redistributed to each county treasurer no more than six (6) times each month, with no interim distributions.

(ii) By January 31, 2012, and by January 31 of each year thereafter, each county treasurer shall provide an annual summary report of all proceeds generated from ad valorem tax and distributed by the county to a school district for the period beginning January 1 and ending on December 31 of the preceding calendar year to the: (a) Treasurer of State; (b) Division of Elementary and Secondary Education; and (c) Superintendent of the school district to which the proceeds from the uniform rate of tax are distributed by the county.

(a) Treasurer of State;

(b) Division of Elementary and Secondary Education; and

(c) Superintendent of the school district to which the proceeds from the uniform rate of tax are distributed by the county.

(iii) Failure to report the annual summary required under subdivision (b)(4)(A)(ii) of this section by the county treasurer by the January 31 deadline shall result in the withholding of all reappraisal funding provided under § 26-26-1907 until the county treasurer complies with subdivision (b)(4)(A)(ii) of this section.

(iv) Funds withheld under subdivision (b)(4)(A)(iii) of this section are forfeited as follows: (a) Twenty percent (20%) of withheld reappraisal funds are forfeited every two (2) months of noncompliance; and (b) After ten (10) months of noncompliance, the total amount of withheld reappraisal funds is forfeited.

(a) Twenty percent (20%) of withheld reappraisal funds are forfeited every two (2) months of noncompliance; and

(b) After ten (10) months of noncompliance, the total amount of withheld reappraisal funds is forfeited.

(v) A county is not relieved of the requirement to reappraise property, and funding for reappraisal shall be by local taxing unit sources until the county complies with this subdivision (b)(4)(A).

(vi) The Division of Elementary and Secondary Education shall notify the Assessment Coordination Division if a county treasurer violates subdivision (b)(4)(A)(ii) of this section and withholding of reappraisal funding under this subdivision (b)(4)(A) is authorized.

(B) Documentation received and certified on the first, second, third, or fourth Tuesday, or second or third Thursday of each month by the time deadlines established by the Treasurer of State shall be processed for execution of the electronic funds transfer of deposit and redistribution, as provided by law, of the net revenues produced by the uniform rate of tax on the following day.

(C) When a banking holiday occurs, the Treasurer of State shall notify the county treasurers of the revised deadline, which shall minimize delay in the receipt and redistribution, as provided by law, of the net revenues of the uniform rate of tax.

(5) Each county official involved in the process established by the Treasurer of State for receipt and redistribution of the net revenues of the uniform rate of tax shall take all actions and do all things necessary to ensure that the process established is carried out in an efficient and prudent manner.

(6) (A) (i) It is the intent of the General Assembly to have the collection and distribution of tax revenues modified as little as possible by the process under this section. (ii) The General Assembly specifically acknowledges that under other law county treasurers distribute revenues monthly on a pro rata basis to the various taxing units with a reconciliation of actual revenues produced by each levy of each taxing unit in the county taking place only in the final settlement produced for each tax year. (B) The process under this section is not intended to affect the monthly distribution or final settlement process except for the process set out in subdivision (b)(4) of this section.

(A) (i) It is the intent of the General Assembly to have the collection and distribution of tax revenues modified as little as possible by the process under this section. (ii) The General Assembly specifically acknowledges that under other law county treasurers distribute revenues monthly on a pro rata basis to the various taxing units with a reconciliation of actual revenues produced by each levy of each taxing unit in the county taking place only in the final settlement produced for each tax year.

(i) It is the intent of the General Assembly to have the collection and distribution of tax revenues modified as little as possible by the process under this section.

(ii) The General Assembly specifically acknowledges that under other law county treasurers distribute revenues monthly on a pro rata basis to the various taxing units with a reconciliation of actual revenues produced by each levy of each taxing unit in the county taking place only in the final settlement produced for each tax year.

(B) The process under this section is not intended to affect the monthly distribution or final settlement process except for the process set out in subdivision (b)(4) of this section.

(c) For each school year, each county treasurer shall remit the net revenues from the uniform rate of tax to each local school district from which the revenues were derived.

(d) As used in this section: (1) "Millage rate" means the millage rate listed in the most recent tax ordinance approved by the county quorum court under the authority of § 14-14-904 for the tax year used in a calculation under this subchapter; (2) "Net revenues" means the revenues generated from ad valorem taxes collected on behalf of a school district multiplied by the ratio derived from dividing the uniform rate of tax by the total millage rate of the school district; and (3) "Revenues" means the proceeds generated from ad valorem taxes, including: (A) Current calendar year collections of ad valorem taxes; (B) (i) Delinquent ad valorem taxes paid to the county in the current calendar year. (ii) Delinquent ad valorem taxes include the penalties and interest that are distributable to a school district under existing law; (C) The actual amount of homestead tax credit paid to the county in the current calendar year; (D) Excess commissions that will be distributed to a school district in the current calendar year; (E) Interest earned in the current calendar year on any tax funds held in trust and distributed to a school district in the current calendar year; (F) Ad valorem tax proceeds from land redemptions received by the county in the current calendar year; and (G) A subtraction of all costs and commissions authorized by law relating to the collection of ad valorem taxes that the county deducts from distributions to a school district in the current calendar year.

(1) "Millage rate" means the millage rate listed in the most recent tax ordinance approved by the county quorum court under the authority of § 14-14-904 for the tax year used in a calculation under this subchapter;

(2) "Net revenues" means the revenues generated from ad valorem taxes collected on behalf of a school district multiplied by the ratio derived from dividing the uniform rate of tax by the total millage rate of the school district; and

(3) "Revenues" means the proceeds generated from ad valorem taxes, including: (A) Current calendar year collections of ad valorem taxes; (B) (i) Delinquent ad valorem taxes paid to the county in the current calendar year. (ii) Delinquent ad valorem taxes include the penalties and interest that are distributable to a school district under existing law; (C) The actual amount of homestead tax credit paid to the county in the current calendar year; (D) Excess commissions that will be distributed to a school district in the current calendar year; (E) Interest earned in the current calendar year on any tax funds held in trust and distributed to a school district in the current calendar year; (F) Ad valorem tax proceeds from land redemptions received by the county in the current calendar year; and (G) A subtraction of all costs and commissions authorized by law relating to the collection of ad valorem taxes that the county deducts from distributions to a school district in the current calendar year.

(A) Current calendar year collections of ad valorem taxes;

(B) (i) Delinquent ad valorem taxes paid to the county in the current calendar year. (ii) Delinquent ad valorem taxes include the penalties and interest that are distributable to a school district under existing law;

(i) Delinquent ad valorem taxes paid to the county in the current calendar year.

(ii) Delinquent ad valorem taxes include the penalties and interest that are distributable to a school district under existing law;

(C) The actual amount of homestead tax credit paid to the county in the current calendar year;

(D) Excess commissions that will be distributed to a school district in the current calendar year;

(E) Interest earned in the current calendar year on any tax funds held in trust and distributed to a school district in the current calendar year;

(F) Ad valorem tax proceeds from land redemptions received by the county in the current calendar year; and

(G) A subtraction of all costs and commissions authorized by law relating to the collection of ad valorem taxes that the county deducts from distributions to a school district in the current calendar year.

Amended by Act 2019, No. 910,§ 2404, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 2403, eff. 7/1/2019.

Acts 1931, No. 169, § 130; Pope's Dig., § 11572; A.S.A. 1947, § 80-601; Acts 1997, No. 1300, § 6; 1999, No. 787, § 1; 2003 (2nd Ex. Sess.), No. 28, § 6; 2003 (2nd Ex. Sess.), No. 105, § 8; 2007, No. 343, § 1; 2009, No. 1397, § 6; 2011, No. 633, § 3.
Ark. Code Ann. § 26-18-1102 — AR Code / Title 26 / Chapter 18 / Subchapter 11 / Section 26-18-1102
Legislative purpose
Status: in_force

(a) The state shall create, within the Department of Inspector General, an independent agency with tax expertise to resolve disputes between the Department of Finance and Administration and taxpayers before requiring the payments of the amount in issue. (b) By establishing the Tax Appeals Commission as an independent tax tribunal within the executive branch of government, this subchapter provides taxpayers with a means of resolving controversies with the Department of Finance and Administration before a neutral body. Added by Act 2021, No. 586,§ 1, eff. 7/28/2021.

(a) The state shall create, within the Department of Inspector General, an independent agency with tax expertise to resolve disputes between the Department of Finance and Administration and taxpayers before requiring the payments of the amount in issue.

(b) By establishing the Tax Appeals Commission as an independent tax tribunal within the executive branch of government, this subchapter provides taxpayers with a means of resolving controversies with the Department of Finance and Administration before a neutral body.

Added by Act 2021, No. 586,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 26-37-210 — AR Code / Title 26 / Chapter 37 / Subchapter 2 / Section 26-37-210
Sale of timber, oil, gas, or mineral rights
Status: in_force

(a) If a timber right, an oil right, a gas right, or a mineral right is owned or assessed separate from the fee in the land and the taxes due on the right are not paid, the timber right, oil right, gas right, or mineral right is subject to the tax laws governing forfeiture and sale of tax-delinquent land. (b) Any timber right, oil right, gas right, or mineral right forfeited and certified to the Commissioner of State Lands is subject to disposition as provided in this chapter. Acts 1929, No. 129, § 5; Pope's Dig., § 8633; A.S.A. 1947, § 84-1122; Acts 2007, No. 827, § 211.

(a) If a timber right, an oil right, a gas right, or a mineral right is owned or assessed separate from the fee in the land and the taxes due on the right are not paid, the timber right, oil right, gas right, or mineral right is subject to the tax laws governing forfeiture and sale of tax-delinquent land.

(b) Any timber right, oil right, gas right, or mineral right forfeited and certified to the Commissioner of State Lands is subject to disposition as provided in this chapter.

Acts 1929, No. 129, § 5; Pope's Dig., § 8633; A.S.A. 1947, § 84-1122; Acts 2007, No. 827, § 211.
Ark. Code Ann. § 26-57-1216 — AR Code / Title 26 / Chapter 57 / Subchapter 12 / Section 26-57-1216
[Repealed]
Status: repealed

Repealed by Act 2021, No. 593,§ 39, eff. 1/1/2023. Amended by Act 2019, No. 910,§ 4223, eff. 7/1/2019. Acts 1997, No. 928, § 16.

Repealed by Act 2021, No. 593,§ 39, eff. 1/1/2023.

Amended by Act 2019, No. 910,§ 4223, eff. 7/1/2019.

Acts 1997, No. 928, § 16.