Ark. Code Ann. § 26-57-1402 — AR Code / Title 26 / Chapter 57 / Subchapter 14 / Section 26-57-1402
Legislative findings and intent
Status: in_force

(a) The General Assembly finds that: (1) In 2009, the Office of the Inspector General of the United States Department of Justice concluded that tobacco diversion costs the federal and state governments approximately five billion dollars ($5,000,000,000) in revenue from unpaid taxes annually; (2) The primary reason that tobacco diversion is profitable is the disparity among the states' excise taxes; (3) Purchasing cigarettes in a state with low tax rates and illegally reselling the cigarettes in a state with high tax rates can yield enormous profits for the people engaging in the scheme; and (4) As further recognized by the United States Department of Justice, the diversion of tobacco can occur anywhere in the supply chain, including diversion by manufacturers, wholesalers, and retail outlets. (b) (1) This subchapter is intended to provide information to the Department of Finance and Administration, the Arkansas Tobacco Control Board, and the Attorney General regarding the sale, transfer, and shipment of cigarette, roll-your-own, and other tobacco products. (2) With the data provided under this subchapter, the state will be in a better position to prevent tobacco diversion and prevent cigarettes from being sold to young people and an already addicted adult population. Acts 2011, No. 836, § 19.

(a) The General Assembly finds that: (1) In 2009, the Office of the Inspector General of the United States Department of Justice concluded that tobacco diversion costs the federal and state governments approximately five billion dollars ($5,000,000,000) in revenue from unpaid taxes annually; (2) The primary reason that tobacco diversion is profitable is the disparity among the states' excise taxes; (3) Purchasing cigarettes in a state with low tax rates and illegally reselling the cigarettes in a state with high tax rates can yield enormous profits for the people engaging in the scheme; and (4) As further recognized by the United States Department of Justice, the diversion of tobacco can occur anywhere in the supply chain, including diversion by manufacturers, wholesalers, and retail outlets.

(1) In 2009, the Office of the Inspector General of the United States Department of Justice concluded that tobacco diversion costs the federal and state governments approximately five billion dollars ($5,000,000,000) in revenue from unpaid taxes annually;

(2) The primary reason that tobacco diversion is profitable is the disparity among the states' excise taxes;

(3) Purchasing cigarettes in a state with low tax rates and illegally reselling the cigarettes in a state with high tax rates can yield enormous profits for the people engaging in the scheme; and

(4) As further recognized by the United States Department of Justice, the diversion of tobacco can occur anywhere in the supply chain, including diversion by manufacturers, wholesalers, and retail outlets.

(b) (1) This subchapter is intended to provide information to the Department of Finance and Administration, the Arkansas Tobacco Control Board, and the Attorney General regarding the sale, transfer, and shipment of cigarette, roll-your-own, and other tobacco products. (2) With the data provided under this subchapter, the state will be in a better position to prevent tobacco diversion and prevent cigarettes from being sold to young people and an already addicted adult population.

(1) This subchapter is intended to provide information to the Department of Finance and Administration, the Arkansas Tobacco Control Board, and the Attorney General regarding the sale, transfer, and shipment of cigarette, roll-your-own, and other tobacco products.

(2) With the data provided under this subchapter, the state will be in a better position to prevent tobacco diversion and prevent cigarettes from being sold to young people and an already addicted adult population.

Acts 2011, No. 836, § 19.
Ark. Code Ann. § 26-18-105 — AR Code / Title 26 / Chapter 18 / Subchapter 1 / Section 26-18-105
Date of performance
Status: in_force

(a) (1) If any return, claim, statement, or other document required to be filed within a prescribed period or on or before a prescribed date under any state tax law is, after that period or date, delivered by the United States mail to the Secretary of the Department of Finance and Administration or to the Tax Appeals Commission, the date of the United States postmark stamped on the cover of the return, claim, statement, or other document shall be deemed to be the date of delivery. (2) Only the postmark of the United States Postal Service, rather than those of private postage meters, shall qualify for the provisions of this section. (b) When the last day prescribed under the authority of state tax laws for performing any act or instituting any suit falls on Saturday, Sunday, or a legal holiday, the performance of the act shall be considered timely if it is performed on the next succeeding business day which is not a Saturday, Sunday, or legal holiday. Amended by Act 2023, No. 251,§ 1, eff. 3/9/2023. Acts 1979, No. 401, § 27; A.S.A. 1947, § 84-4727. See Act 2023, No. 251, § 2.

(a) (1) If any return, claim, statement, or other document required to be filed within a prescribed period or on or before a prescribed date under any state tax law is, after that period or date, delivered by the United States mail to the Secretary of the Department of Finance and Administration or to the Tax Appeals Commission, the date of the United States postmark stamped on the cover of the return, claim, statement, or other document shall be deemed to be the date of delivery. (2) Only the postmark of the United States Postal Service, rather than those of private postage meters, shall qualify for the provisions of this section.

(1) If any return, claim, statement, or other document required to be filed within a prescribed period or on or before a prescribed date under any state tax law is, after that period or date, delivered by the United States mail to the Secretary of the Department of Finance and Administration or to the Tax Appeals Commission, the date of the United States postmark stamped on the cover of the return, claim, statement, or other document shall be deemed to be the date of delivery.

(2) Only the postmark of the United States Postal Service, rather than those of private postage meters, shall qualify for the provisions of this section.

(b) When the last day prescribed under the authority of state tax laws for performing any act or instituting any suit falls on Saturday, Sunday, or a legal holiday, the performance of the act shall be considered timely if it is performed on the next succeeding business day which is not a Saturday, Sunday, or legal holiday.

Amended by Act 2023, No. 251,§ 1, eff. 3/9/2023.

Acts 1979, No. 401, § 27; A.S.A. 1947, § 84-4727.

See Act 2023, No. 251, § 2.
Ark. Code Ann. § 26-63-403 — AR Code / Title 26 / Chapter 63 / Subchapter 4 / Section 26-63-403
Applicability - Political subdivisions - Churches and charitable organizations
Status: in_force

(a) The gross receipts or gross proceeds derived from the rental or sale of tangible personal property or a taxable service subject to the tourism tax levied by this subchapter by the State of Arkansas, any county, any municipality, or any other political subdivision of the state are not exempt from the tax. (b) (1) The gross receipts or gross proceeds derived by a church or charitable organization from the admission price to a tourist attraction shall not be exempt from the tax levied by this subchapter. (2) However, the gross receipts or gross proceeds derived from the sale or rental of other tangible personal property or a taxable service by a church or charitable organization shall be exempt from the tourism tax imposed by this subchapter, except when the organization is engaged in business for a profit. Acts 2007, No. 182, § 1.

(a) The gross receipts or gross proceeds derived from the rental or sale of tangible personal property or a taxable service subject to the tourism tax levied by this subchapter by the State of Arkansas, any county, any municipality, or any other political subdivision of the state are not exempt from the tax.

(b) (1) The gross receipts or gross proceeds derived by a church or charitable organization from the admission price to a tourist attraction shall not be exempt from the tax levied by this subchapter. (2) However, the gross receipts or gross proceeds derived from the sale or rental of other tangible personal property or a taxable service by a church or charitable organization shall be exempt from the tourism tax imposed by this subchapter, except when the organization is engaged in business for a profit.

(1) The gross receipts or gross proceeds derived by a church or charitable organization from the admission price to a tourist attraction shall not be exempt from the tax levied by this subchapter.

(2) However, the gross receipts or gross proceeds derived from the sale or rental of other tangible personal property or a taxable service by a church or charitable organization shall be exempt from the tourism tax imposed by this subchapter, except when the organization is engaged in business for a profit.

Acts 2007, No. 182, § 1.
Ark. Code Ann. § 26-57-903 — AR Code / Title 26 / Chapter 57 / Subchapter 9 / Section 26-57-903
Administration
Status: in_force

This subchapter is to be administered in all respects in accordance with the Arkansas Tax Procedure Act, § 26-18-101 et seq., unless otherwise provided. Acts 1992 (2nd Ex. Sess.), No. 7, § 1.

This subchapter is to be administered in all respects in accordance with the Arkansas Tax Procedure Act, § 26-18-101 et seq., unless otherwise provided.

Acts 1992 (2nd Ex. Sess.), No. 7, § 1.
Ark. Code Ann. § 26-20-103 — AR Code / Title 26 / Chapter 20 / Section 26-20-103
Legislative finding
Status: in_force

The Eighty-Third General Assembly finds that this state should enter into an agreement with one (1) or more states to simplify and modernize sales and use tax administration in order to substantially reduce the burden of tax compliance for all sellers and for all types of commerce. Acts 2001, No. 1279, § 3.

The Eighty-Third General Assembly finds that this state should enter into an agreement with one (1) or more states to simplify and modernize sales and use tax administration in order to substantially reduce the burden of tax compliance for all sellers and for all types of commerce.

Acts 2001, No. 1279, § 3.
Ark. Code Ann. § 26-55-204 — AR Code / Title 26 / Chapter 55 / Subchapter 2 / Section 26-55-204
Rules
Status: in_force

The Secretary of the Department of Finance and Administration shall prescribe and publish such rules as may be necessary for the enforcement of this subchapter. Amended by Act 2019, No. 315,§ 3006, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3937, eff. 7/1/2019. Acts 1941, No. 383, § 29; A.S.A. 1947, § 75-1131.

The Secretary of the Department of Finance and Administration shall prescribe and publish such rules as may be necessary for the enforcement of this subchapter.

Amended by Act 2019, No. 315,§ 3006, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3937, eff. 7/1/2019.

Acts 1941, No. 383, § 29; A.S.A. 1947, § 75-1131.
Ark. Code Ann. § 26-2-107 — AR Code / Title 26 / Chapter 2 / Section 26-2-107
Disposition of property to avoid assessment
Status: in_force

If any person, for the purpose of avoiding listing for the payment of taxes on any property subject to taxation, shall sell, give away, or otherwise dispose of the property, under or subject to any agreement expressed or implied or any understanding with the purchaser, donee, or recipient of the property that the property is to be reconveyed, restored, or redelivered to the person so disposing of the property, he or she shall be guilty of a violation and upon conviction be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). Acts 1873, No. 124, § 137, p. 294; C. & M. Dig., § 10172; Pope's Dig., § 13954; A.S.A. 1947, § 84-1617; Acts 2005, No. 1994, § 162.

If any person, for the purpose of avoiding listing for the payment of taxes on any property subject to taxation, shall sell, give away, or otherwise dispose of the property, under or subject to any agreement expressed or implied or any understanding with the purchaser, donee, or recipient of the property that the property is to be reconveyed, restored, or redelivered to the person so disposing of the property, he or she shall be guilty of a violation and upon conviction be fined not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).

Acts 1873, No. 124, § 137, p. 294; C. & M. Dig., § 10172; Pope's Dig., § 13954; A.S.A. 1947, § 84-1617; Acts 2005, No. 1994, § 162.
Ark. Code Ann. § 26-24-105 — AR Code / Title 26 / Chapter 24 / Section 26-24-105
Supervision of local authorities
Status: in_force

The Arkansas Public Service Commission shall have the full power and authority in the administration of the tax laws of this state to confer with, advise, and direct all county assessors, county equalization boards, county judges, county clerks, and collectors of state and county taxes concerning their duty with respect to the revenue laws of this state. Acts 1927, No. 129, § 12; Pope's Dig., § 2038; A.S.A. 1947, § 84-103.

The Arkansas Public Service Commission shall have the full power and authority in the administration of the tax laws of this state to confer with, advise, and direct all county assessors, county equalization boards, county judges, county clerks, and collectors of state and county taxes concerning their duty with respect to the revenue laws of this state.

Acts 1927, No. 129, § 12; Pope's Dig., § 2038; A.S.A. 1947, § 84-103.
Ark. Code Ann. § 26-37-209 — AR Code / Title 26 / Chapter 37 / Subchapter 2 / Section 26-37-209
Compensation for improvements
Status: in_force

(a) (1) A purchaser under this chapter of any land or town lot or city lot or another person claiming under the purchaser shall not be entitled to any compensation for any improvement that the purchaser shall make on the land or town lot or city lot within the time frame established in § 26-37-203 , except for: (A) The cost of repairs necessary to prevent deterioration of any improvements on the land or town lot or city lot; or (B) The cost necessary to comply with any state, county, or city code requirements. (2) The compensation allowed under subdivision (a)(1) of this section shall be a charge upon the land. (b) For an improvement made after the expiration of the time frame established in § 26-37-203 , the purchaser under this chapter shall be allowed the full cash value of the improvement, and the allowance shall be a charge upon the land. Amended by Act 2013, No. 556,§ 1, eff. 4/2/2013. Acts 1883, No. 114, § 155, p. 199; C. & M. Dig., § 10120; Pope's Dig., § 13884; A.S.A. 1947, § 84-1121; Acts 2003, No. 1215, § 3; 2005, No. 1231, § 5; 2007, No. 1036, § 4.

(a) (1) A purchaser under this chapter of any land or town lot or city lot or another person claiming under the purchaser shall not be entitled to any compensation for any improvement that the purchaser shall make on the land or town lot or city lot within the time frame established in § 26-37-203 , except for: (A) The cost of repairs necessary to prevent deterioration of any improvements on the land or town lot or city lot; or (B) The cost necessary to comply with any state, county, or city code requirements. (2) The compensation allowed under subdivision (a)(1) of this section shall be a charge upon the land.

(1) A purchaser under this chapter of any land or town lot or city lot or another person claiming under the purchaser shall not be entitled to any compensation for any improvement that the purchaser shall make on the land or town lot or city lot within the time frame established in § 26-37-203 , except for: (A) The cost of repairs necessary to prevent deterioration of any improvements on the land or town lot or city lot; or (B) The cost necessary to comply with any state, county, or city code requirements.

(A) The cost of repairs necessary to prevent deterioration of any improvements on the land or town lot or city lot; or

(B) The cost necessary to comply with any state, county, or city code requirements.

(2) The compensation allowed under subdivision (a)(1) of this section shall be a charge upon the land.

(b) For an improvement made after the expiration of the time frame established in § 26-37-203 , the purchaser under this chapter shall be allowed the full cash value of the improvement, and the allowance shall be a charge upon the land.

Amended by Act 2013, No. 556,§ 1, eff. 4/2/2013.

Acts 1883, No. 114, § 155, p. 199; C. & M. Dig., § 10120; Pope's Dig., § 13884; A.S.A. 1947, § 84-1121; Acts 2003, No. 1215, § 3; 2005, No. 1231, § 5; 2007, No. 1036, § 4.
Ark. Code Ann. § 26-55-213 — AR Code / Title 26 / Chapter 55 / Subchapter 2 / Section 26-55-213
Distributor's license - Requirement - Penalty for noncompliance
Status: in_force

(a) It shall be unlawful for any distributor to receive, use, sell, or distribute any motor fuel or to engage in business within this state unless the distributor is the holder of an uncancelled license issued by the Secretary of the Department of Finance and Administration to engage in the business or, if the distributor is an agent, commission or otherwise, of a distributor as defined in this subchapter, unless the agent is the holder of a certified duplicate copy of an uncancelled license issued by the secretary to the agent's principal. (b) (1) Upon conviction, a person who engages in business in the State of Arkansas as a distributor without being the holder of an uncancelled license to engage in the business is guilty of an unclassified misdemeanor and shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000) or imprisonment for a term of not less than thirty (30) days and not more than one (1) year, or both fine and imprisonment. (2) Each day or any part thereof during which any person shall engage in business as a distributor without being the holder of an uncancelled license shall constitute a separate offense within the meaning of this section. Amended by Act 2019, No. 910,§ 3940, eff. 7/1/2019. Acts 1941, No. 383, §§ 7, 25; 1943, No. 250, § 1; 1945, No. 166, § 1; A.S.A. 1947, §§ 75-1109, 75-1127; Acts 2009, No. 655, § 42.

(a) It shall be unlawful for any distributor to receive, use, sell, or distribute any motor fuel or to engage in business within this state unless the distributor is the holder of an uncancelled license issued by the Secretary of the Department of Finance and Administration to engage in the business or, if the distributor is an agent, commission or otherwise, of a distributor as defined in this subchapter, unless the agent is the holder of a certified duplicate copy of an uncancelled license issued by the secretary to the agent's principal.

(b) (1) Upon conviction, a person who engages in business in the State of Arkansas as a distributor without being the holder of an uncancelled license to engage in the business is guilty of an unclassified misdemeanor and shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000) or imprisonment for a term of not less than thirty (30) days and not more than one (1) year, or both fine and imprisonment. (2) Each day or any part thereof during which any person shall engage in business as a distributor without being the holder of an uncancelled license shall constitute a separate offense within the meaning of this section.

(1) Upon conviction, a person who engages in business in the State of Arkansas as a distributor without being the holder of an uncancelled license to engage in the business is guilty of an unclassified misdemeanor and shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000) or imprisonment for a term of not less than thirty (30) days and not more than one (1) year, or both fine and imprisonment.

(2) Each day or any part thereof during which any person shall engage in business as a distributor without being the holder of an uncancelled license shall constitute a separate offense within the meaning of this section.

Amended by Act 2019, No. 910,§ 3940, eff. 7/1/2019.

Acts 1941, No. 383, §§ 7, 25; 1943, No. 250, § 1; 1945, No. 166, § 1; A.S.A. 1947, §§ 75-1109, 75-1127; Acts 2009, No. 655, § 42.
Ark. Code Ann. § 26-26-1123 — AR Code / Title 26 / Chapter 26 / Subchapter 11 / Section 26-26-1123
Sale of real property
Status: in_force

(a) When a person sells his or her real property, the county assessor shall assess the real property at twenty percent (20%) of the appraised value at the next assessment date after the date of the transfer of title to the real property. (b) The owner of real property to whom title is transferred by a sale is not entitled to claim any limitation on the assessed value of the real property until the second assessment date after the date of the transfer of title to the real property. (c) This section does not apply to any transfer of title to real property claimed as a homestead in which the owner or beneficiary of the homestead retains a life-estate interest in the homestead following the transfer of title to the real property. Acts 2005, No. 2284, § 1; 2007, No. 827, § 203.

(a) When a person sells his or her real property, the county assessor shall assess the real property at twenty percent (20%) of the appraised value at the next assessment date after the date of the transfer of title to the real property.

(b) The owner of real property to whom title is transferred by a sale is not entitled to claim any limitation on the assessed value of the real property until the second assessment date after the date of the transfer of title to the real property.

(c) This section does not apply to any transfer of title to real property claimed as a homestead in which the owner or beneficiary of the homestead retains a life-estate interest in the homestead following the transfer of title to the real property.

Acts 2005, No. 2284, § 1; 2007, No. 827, § 203.
Ark. Code Ann. § 26-75-316 — AR Code / Title 26 / Chapter 75 / Subchapter 3 / Section 26-75-316
Excise tax on storage, use, or other consumption
Status: in_force

(a) In every city in which the local sales and use tax has been adopted pursuant to the provisions of this subchapter, there is imposed an excise tax on the storage, use, distribution, or other consumption within the city of tangible personal property and taxable services purchased, leased, or rented from any retailer outside the state after the effective date of the sales and use tax for storage, use, distribution, or other consumption in the city at a rate of one-half of one percent (1/2%) or at the rate of one percent (1%) of the sale price of the property and services, or in the case of leases or rentals of the lease or rental price, the rate of the use tax to correspond to the rate of the sales tax portion of the tax. (b) The use tax portion of the local sales and use tax shall be collected according to the terms, procedures, and rules of the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., except as otherwise provided. (c) The tax imposed under this subchapter and the tax imposed under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., and the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., shall be collected together and reported upon such forms and under such administrative rules as may be prescribed by the Secretary of the Department of Finance and Administration not inconsistent with the provisions of this subchapter. (d) On and after the effective date of any proposition to abolish such local sales and use tax in any city, the secretary shall comply with the proposition as provided in this subchapter. Amended by Act 2019, No. 315,§ 3070, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4446, eff. 7/1/2019. Acts 1975, No. 990, § 4; 1983, No. 722, § 3; A.S.A. 1947, § 19-4516; Acts 2003, No. 1273, § 66.

(a) In every city in which the local sales and use tax has been adopted pursuant to the provisions of this subchapter, there is imposed an excise tax on the storage, use, distribution, or other consumption within the city of tangible personal property and taxable services purchased, leased, or rented from any retailer outside the state after the effective date of the sales and use tax for storage, use, distribution, or other consumption in the city at a rate of one-half of one percent (1/2%) or at the rate of one percent (1%) of the sale price of the property and services, or in the case of leases or rentals of the lease or rental price, the rate of the use tax to correspond to the rate of the sales tax portion of the tax.

(b) The use tax portion of the local sales and use tax shall be collected according to the terms, procedures, and rules of the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., except as otherwise provided.

(c) The tax imposed under this subchapter and the tax imposed under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., and the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., shall be collected together and reported upon such forms and under such administrative rules as may be prescribed by the Secretary of the Department of Finance and Administration not inconsistent with the provisions of this subchapter.

(d) On and after the effective date of any proposition to abolish such local sales and use tax in any city, the secretary shall comply with the proposition as provided in this subchapter.

Amended by Act 2019, No. 315,§ 3070, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4446, eff. 7/1/2019.

Acts 1975, No. 990, § 4; 1983, No. 722, § 3; A.S.A. 1947, § 19-4516; Acts 2003, No. 1273, § 66.
Ark. Code Ann. § 26-18-204 — AR Code / Title 26 / Chapter 18 / Subchapter 2 / Section 26-18-204
False answers to questions or affidavits
Status: in_force

Any taxpayer or other person who knowingly makes a false answer to any question which may be asked him or her by the Secretary of the Department of Finance and Administration concerning the business, property, assets, or effects of the taxpayer or person, or the valuation thereof, or the income or profits therefrom, or who makes or presents any false affidavit concerning any list, schedule, statement, report, or return, or for any other purpose, filed with the secretary or required to be filed by any state tax law, shall be guilty of a Class D felony. Acts 1979, No. 401, § 39; A.S.A. 1947, § 84-4739; Acts 1987, No. 502, § 11.

Any taxpayer or other person who knowingly makes a false answer to any question which may be asked him or her by the Secretary of the Department of Finance and Administration concerning the business, property, assets, or effects of the taxpayer or person, or the valuation thereof, or the income or profits therefrom, or who makes or presents any false affidavit concerning any list, schedule, statement, report, or return, or for any other purpose, filed with the secretary or required to be filed by any state tax law, shall be guilty of a Class D felony.

Acts 1979, No. 401, § 39; A.S.A. 1947, § 84-4739; Acts 1987, No. 502, § 11.
Ark. Code Ann. § 26-51-2703 — AR Code / Title 26 / Chapter 51 / Subchapter 27 / Section 26-51-2703
Definitions
Status: in_force

As used in this subchapter: (1) "Cost" means: (A) In the case of a transfer of title or a lease agreement that is treated as a purchase by a lessee for Arkansas income tax purposes, the amount of the purchase price; and (B) In the case of a lease that is not a lease agreement that is treated as a purchase by a lessee for Arkansas income tax purposes but that otherwise qualifies as a purchase under this section, the amount of lease payments due to be paid during the term of the lease after deducting any portion of the lease payments attributable to interest, insurance, and taxes; (2) "Incentive agreement" means an agreement entered into by a business and the Arkansas Economic Development Commission to provide the business an incentive to locate a new qualified wood energy products and forest maintenance project or a qualified wood energy products and forest maintenance expansion project in Arkansas; (3) (A) "New full-time permanent employee" means a position or job that: (i) Is created pursuant to an executed incentive agreement; (ii) Is filled by one (1) or more employees or contractual employees who: (a) Were Arkansas taxpayers during the year in which the tax credits or incentives were earned; (b) (1) Work at or fill a position dedicated to the facility identified in the incentive agreement. (2) New employees of the taxpayer that enters into the incentive agreement who do not work at the facility may be counted if they: (A) Otherwise meet the definition of a new full-time permanent employee; (B) Are subject to the Arkansas Income Tax Withholding Act of 1965, § 26-51-901 et seq.; (C) Meet an average hourly wage threshold equal to or greater than the state average hourly wage for the preceding calendar year; and (D) Are verified by reports and methods established as required by the incentive agreement; and (c) (1) Are not employees hired by a business before the date the incentive agreement was executed unless: (A) The position or job filled by the existing employee was created in accordance with the incentive agreement; and (B) The position vacated by the existing employee was either filled by a subsequent employee or no subsequent employee will be hired because the business no longer conducts the particular business activity requiring that classification. (2) If the Director of the Arkansas Economic Development Commission and the Secretary of the Department of Finance and Administration find that a significant impairment of Arkansas job opportunities for existing employees will otherwise occur, they may jointly authorize the counting of existing employees as new full-time permanent employees; and (iii) Has been filled for at least twenty-six (26) consecutive weeks with an average of at least thirty (30) hours worked per week. (B) "New full-time permanent employee" includes a contractual employee who works at the facility identified in the incentive agreement only if the contractual employee is offered a benefits package comparable to a direct employee of the business seeking incentives under this subchapter; (4) "Purchase" means: (A) A transaction under which title to an item is transferred for consideration; or (B) A lease contract that is entered into for a period of at least three (3) years regardless of whether title to the item is transferred at the end of the period; (5) "Qualified wood energy products and forest maintenance expansion project" means a project specified in the incentive agreement to include one (1) or more Arkansas facilities in the same ownership group: (A) For which the taxpayer commenced construction by the date specified in the incentive agreement, but no earlier than January 1, 2023; (B) That supports the Arkansas timber industry by using low-value wood, including without limitation sawmill residuals, unwanted treetops, forest thinnings, and damaged or diseased trees, to produce high-efficiency, high-energy wood energy products; (C) In which the taxpayer has a total investment in excess of fifty million dollars ($50,000,000); (D) That is undertaken by a taxpayer who has entered into an incentive agreement with the State of Arkansas in which the taxpayer commits to creating at least one hundred (100) net new full-time permanent employees with an average annual wage of at least sixty thousand dollars ($60,000); (E) That will provide a positive cost-benefit analysis to the state as determined by the commission and the Office of Economic Analysis and Tax Research; (F) That is certified as having a closing date before December 31, 2025, for all facilities, by which the taxpayer has certified and the state has verified that necessary capital acquisition and borrowing for the facilities has occurred to ensure that funds will be available to: (i) Secure a site for the facilities; (ii) Obtain engineering services for the facilities; (iii) Purchase equipment for the facilities; and (iv) Commence construction on the facilities; and (G) That is undertaken by a taxpayer that has elected by agreement with the State of Arkansas for the taxpayer's facilities to be classified as a qualified wood energy products and forest maintenance expansion project; (6) "Qualified wood energy products and forest maintenance project" means a project specified in the incentive agreement to include one (1) or more Arkansas facilities in the same ownership group: (A) For which the taxpayer commenced construction by the date specified in the incentive agreement, but no earlier than January 1, 2020; (B) That supports the Arkansas timber industry by using low-value wood, including without limitation sawmill residuals, forest thinnings, unwanted treetops, and damaged or diseased trees, to produce high-efficiency, high-energy wood energy products; (C) In which the taxpayer has a total investment in excess of fifty million dollars ($50,000,000); (D) That is undertaken by a taxpayer who has entered into an incentive agreement with the State of Arkansas in which the taxpayer commits to creating at least one hundred (100) net new full-time permanent employees with an average annual wage of at least sixty thousand dollars ($60,000); (E) That will provide a positive cost-benefit analysis to the state as determined by the commission and the Office of Economic Analysis and Tax Research; (F) That is certified as having a closing date before December 31, 2023, for all facilities, by which the taxpayer has certified and the state has verified that necessary capital acquisition and borrowing for the facilities has occurred to ensure that funds will be available to: (i) Secure a site for the facilities; (ii) Obtain engineering services for the facilities; (iii) Purchase equipment for the facilities; and (iv) Commence construction on the facilities; and (G) That is undertaken by a taxpayer that has elected by agreement with the State of Arkansas for the taxpayer's facilities to be classified as a qualified wood energy products and forest maintenance project; and (7) (A) "Wood energy products equipment" means: (i) New or used machinery or equipment located in Arkansas on the last day of the taxable year that is operated or used exclusively in Arkansas to collect, separate, treat, pulverize, dry, modify, or convert wood fiber so the resulting product may be used as a raw material, for productive energy use, or to manufacture other materials; (ii) Devices that are directly connected with or are an integral and necessary part of machinery or equipment operated or used exclusively in Arkansas to collect, separate, treat, pulverize, dry, modify, or convert wood fiber and are necessary for the collection, separation, treatment, pulverization, drying, modification, or manufacturing of wood fiber; (iii) Equipment that produces energy with wood power; and (iv) A device that is directly connected with or is an integral and necessary part of machinery or equipment operated or used exclusively in Arkansas to produce energy with wood power. (B) "Wood energy products equipment" does not include a vehicle or trailer that is licensed or that normally would be licensed for use on highways in Arkansas. Amended by Act 2023, No. 845,§ 5, eff. 1/1/2023, app. for tax years beginning on or after January 1, 2023. Amended by Act 2023, No. 845,§ 4, eff. 1/1/2023, app. for tax years beginning on or after January 1, 2023. Amended by Act 2023, No. 845,§ 3, eff. 1/1/2023, app. for tax years beginning on or after January 1, 2023. Amended by Act 2023, No. 845,§ 2, eff. 1/1/2023, app. for tax years beginning on or after January 1, 2023. Added by Act 2021, No. 594,§ 4, eff. for tax years beginning on or after January 1, 2021.

As used in this subchapter:

(1) "Cost" means: (A) In the case of a transfer of title or a lease agreement that is treated as a purchase by a lessee for Arkansas income tax purposes, the amount of the purchase price; and (B) In the case of a lease that is not a lease agreement that is treated as a purchase by a lessee for Arkansas income tax purposes but that otherwise qualifies as a purchase under this section, the amount of lease payments due to be paid during the term of the lease after deducting any portion of the lease payments attributable to interest, insurance, and taxes;

(A) In the case of a transfer of title or a lease agreement that is treated as a purchase by a lessee for Arkansas income tax purposes, the amount of the purchase price; and

(B) In the case of a lease that is not a lease agreement that is treated as a purchase by a lessee for Arkansas income tax purposes but that otherwise qualifies as a purchase under this section, the amount of lease payments due to be paid during the term of the lease after deducting any portion of the lease payments attributable to interest, insurance, and taxes;

(2) "Incentive agreement" means an agreement entered into by a business and the Arkansas Economic Development Commission to provide the business an incentive to locate a new qualified wood energy products and forest maintenance project or a qualified wood energy products and forest maintenance expansion project in Arkansas;

(3) (A) "New full-time permanent employee" means a position or job that: (i) Is created pursuant to an executed incentive agreement; (ii) Is filled by one (1) or more employees or contractual employees who: (a) Were Arkansas taxpayers during the year in which the tax credits or incentives were earned; (b) (1) Work at or fill a position dedicated to the facility identified in the incentive agreement. (2) New employees of the taxpayer that enters into the incentive agreement who do not work at the facility may be counted if they: (A) Otherwise meet the definition of a new full-time permanent employee; (B) Are subject to the Arkansas Income Tax Withholding Act of 1965, § 26-51-901 et seq.; (C) Meet an average hourly wage threshold equal to or greater than the state average hourly wage for the preceding calendar year; and (D) Are verified by reports and methods established as required by the incentive agreement; and (c) (1) Are not employees hired by a business before the date the incentive agreement was executed unless: (A) The position or job filled by the existing employee was created in accordance with the incentive agreement; and (B) The position vacated by the existing employee was either filled by a subsequent employee or no subsequent employee will be hired because the business no longer conducts the particular business activity requiring that classification. (2) If the Director of the Arkansas Economic Development Commission and the Secretary of the Department of Finance and Administration find that a significant impairment of Arkansas job opportunities for existing employees will otherwise occur, they may jointly authorize the counting of existing employees as new full-time permanent employees; and (iii) Has been filled for at least twenty-six (26) consecutive weeks with an average of at least thirty (30) hours worked per week. (B) "New full-time permanent employee" includes a contractual employee who works at the facility identified in the incentive agreement only if the contractual employee is offered a benefits package comparable to a direct employee of the business seeking incentives under this subchapter;

(A) "New full-time permanent employee" means a position or job that: (i) Is created pursuant to an executed incentive agreement; (ii) Is filled by one (1) or more employees or contractual employees who: (a) Were Arkansas taxpayers during the year in which the tax credits or incentives were earned; (b) (1) Work at or fill a position dedicated to the facility identified in the incentive agreement. (2) New employees of the taxpayer that enters into the incentive agreement who do not work at the facility may be counted if they: (A) Otherwise meet the definition of a new full-time permanent employee; (B) Are subject to the Arkansas Income Tax Withholding Act of 1965, § 26-51-901 et seq.; (C) Meet an average hourly wage threshold equal to or greater than the state average hourly wage for the preceding calendar year; and (D) Are verified by reports and methods established as required by the incentive agreement; and (c) (1) Are not employees hired by a business before the date the incentive agreement was executed unless: (A) The position or job filled by the existing employee was created in accordance with the incentive agreement; and (B) The position vacated by the existing employee was either filled by a subsequent employee or no subsequent employee will be hired because the business no longer conducts the particular business activity requiring that classification. (2) If the Director of the Arkansas Economic Development Commission and the Secretary of the Department of Finance and Administration find that a significant impairment of Arkansas job opportunities for existing employees will otherwise occur, they may jointly authorize the counting of existing employees as new full-time permanent employees; and (iii) Has been filled for at least twenty-six (26) consecutive weeks with an average of at least thirty (30) hours worked per week.

(i) Is created pursuant to an executed incentive agreement;

(ii) Is filled by one (1) or more employees or contractual employees who: (a) Were Arkansas taxpayers during the year in which the tax credits or incentives were earned; (b) (1) Work at or fill a position dedicated to the facility identified in the incentive agreement. (2) New employees of the taxpayer that enters into the incentive agreement who do not work at the facility may be counted if they: (A) Otherwise meet the definition of a new full-time permanent employee; (B) Are subject to the Arkansas Income Tax Withholding Act of 1965, § 26-51-901 et seq.; (C) Meet an average hourly wage threshold equal to or greater than the state average hourly wage for the preceding calendar year; and (D) Are verified by reports and methods established as required by the incentive agreement; and (c) (1) Are not employees hired by a business before the date the incentive agreement was executed unless: (A) The position or job filled by the existing employee was created in accordance with the incentive agreement; and (B) The position vacated by the existing employee was either filled by a subsequent employee or no subsequent employee will be hired because the business no longer conducts the particular business activity requiring that classification. (2) If the Director of the Arkansas Economic Development Commission and the Secretary of the Department of Finance and Administration find that a significant impairment of Arkansas job opportunities for existing employees will otherwise occur, they may jointly authorize the counting of existing employees as new full-time permanent employees; and

(a) Were Arkansas taxpayers during the year in which the tax credits or incentives were earned;

(b) (1) Work at or fill a position dedicated to the facility identified in the incentive agreement. (2) New employees of the taxpayer that enters into the incentive agreement who do not work at the facility may be counted if they: (A) Otherwise meet the definition of a new full-time permanent employee; (B) Are subject to the Arkansas Income Tax Withholding Act of 1965, § 26-51-901 et seq.; (C) Meet an average hourly wage threshold equal to or greater than the state average hourly wage for the preceding calendar year; and (D) Are verified by reports and methods established as required by the incentive agreement; and

(1) Work at or fill a position dedicated to the facility identified in the incentive agreement.

(2) New employees of the taxpayer that enters into the incentive agreement who do not work at the facility may be counted if they: (A) Otherwise meet the definition of a new full-time permanent employee; (B) Are subject to the Arkansas Income Tax Withholding Act of 1965, § 26-51-901 et seq.; (C) Meet an average hourly wage threshold equal to or greater than the state average hourly wage for the preceding calendar year; and (D) Are verified by reports and methods established as required by the incentive agreement; and

(A) Otherwise meet the definition of a new full-time permanent employee;

(B) Are subject to the Arkansas Income Tax Withholding Act of 1965, § 26-51-901 et seq.;

(C) Meet an average hourly wage threshold equal to or greater than the state average hourly wage for the preceding calendar year; and

(D) Are verified by reports and methods established as required by the incentive agreement; and

(c) (1) Are not employees hired by a business before the date the incentive agreement was executed unless: (A) The position or job filled by the existing employee was created in accordance with the incentive agreement; and (B) The position vacated by the existing employee was either filled by a subsequent employee or no subsequent employee will be hired because the business no longer conducts the particular business activity requiring that classification. (2) If the Director of the Arkansas Economic Development Commission and the Secretary of the Department of Finance and Administration find that a significant impairment of Arkansas job opportunities for existing employees will otherwise occur, they may jointly authorize the counting of existing employees as new full-time permanent employees; and

(1) Are not employees hired by a business before the date the incentive agreement was executed unless: (A) The position or job filled by the existing employee was created in accordance with the incentive agreement; and (B) The position vacated by the existing employee was either filled by a subsequent employee or no subsequent employee will be hired because the business no longer conducts the particular business activity requiring that classification.

(A) The position or job filled by the existing employee was created in accordance with the incentive agreement; and

(B) The position vacated by the existing employee was either filled by a subsequent employee or no subsequent employee will be hired because the business no longer conducts the particular business activity requiring that classification.

(2) If the Director of the Arkansas Economic Development Commission and the Secretary of the Department of Finance and Administration find that a significant impairment of Arkansas job opportunities for existing employees will otherwise occur, they may jointly authorize the counting of existing employees as new full-time permanent employees; and

(iii) Has been filled for at least twenty-six (26) consecutive weeks with an average of at least thirty (30) hours worked per week.

(B) "New full-time permanent employee" includes a contractual employee who works at the facility identified in the incentive agreement only if the contractual employee is offered a benefits package comparable to a direct employee of the business seeking incentives under this subchapter;

(4) "Purchase" means: (A) A transaction under which title to an item is transferred for consideration; or (B) A lease contract that is entered into for a period of at least three (3) years regardless of whether title to the item is transferred at the end of the period;

(A) A transaction under which title to an item is transferred for consideration; or

(B) A lease contract that is entered into for a period of at least three (3) years regardless of whether title to the item is transferred at the end of the period;

(5) "Qualified wood energy products and forest maintenance expansion project" means a project specified in the incentive agreement to include one (1) or more Arkansas facilities in the same ownership group: (A) For which the taxpayer commenced construction by the date specified in the incentive agreement, but no earlier than January 1, 2023; (B) That supports the Arkansas timber industry by using low-value wood, including without limitation sawmill residuals, unwanted treetops, forest thinnings, and damaged or diseased trees, to produce high-efficiency, high-energy wood energy products; (C) In which the taxpayer has a total investment in excess of fifty million dollars ($50,000,000); (D) That is undertaken by a taxpayer who has entered into an incentive agreement with the State of Arkansas in which the taxpayer commits to creating at least one hundred (100) net new full-time permanent employees with an average annual wage of at least sixty thousand dollars ($60,000); (E) That will provide a positive cost-benefit analysis to the state as determined by the commission and the Office of Economic Analysis and Tax Research; (F) That is certified as having a closing date before December 31, 2025, for all facilities, by which the taxpayer has certified and the state has verified that necessary capital acquisition and borrowing for the facilities has occurred to ensure that funds will be available to: (i) Secure a site for the facilities; (ii) Obtain engineering services for the facilities; (iii) Purchase equipment for the facilities; and (iv) Commence construction on the facilities; and (G) That is undertaken by a taxpayer that has elected by agreement with the State of Arkansas for the taxpayer's facilities to be classified as a qualified wood energy products and forest maintenance expansion project;

(A) For which the taxpayer commenced construction by the date specified in the incentive agreement, but no earlier than January 1, 2023;

(B) That supports the Arkansas timber industry by using low-value wood, including without limitation sawmill residuals, unwanted treetops, forest thinnings, and damaged or diseased trees, to produce high-efficiency, high-energy wood energy products;

(C) In which the taxpayer has a total investment in excess of fifty million dollars ($50,000,000);

(D) That is undertaken by a taxpayer who has entered into an incentive agreement with the State of Arkansas in which the taxpayer commits to creating at least one hundred (100) net new full-time permanent employees with an average annual wage of at least sixty thousand dollars ($60,000);

(E) That will provide a positive cost-benefit analysis to the state as determined by the commission and the Office of Economic Analysis and Tax Research;

(F) That is certified as having a closing date before December 31, 2025, for all facilities, by which the taxpayer has certified and the state has verified that necessary capital acquisition and borrowing for the facilities has occurred to ensure that funds will be available to: (i) Secure a site for the facilities; (ii) Obtain engineering services for the facilities; (iii) Purchase equipment for the facilities; and (iv) Commence construction on the facilities; and

(i) Secure a site for the facilities;

(ii) Obtain engineering services for the facilities;

(iii) Purchase equipment for the facilities; and

(iv) Commence construction on the facilities; and

(G) That is undertaken by a taxpayer that has elected by agreement with the State of Arkansas for the taxpayer's facilities to be classified as a qualified wood energy products and forest maintenance expansion project;

(6) "Qualified wood energy products and forest maintenance project" means a project specified in the incentive agreement to include one (1) or more Arkansas facilities in the same ownership group: (A) For which the taxpayer commenced construction by the date specified in the incentive agreement, but no earlier than January 1, 2020; (B) That supports the Arkansas timber industry by using low-value wood, including without limitation sawmill residuals, forest thinnings, unwanted treetops, and damaged or diseased trees, to produce high-efficiency, high-energy wood energy products; (C) In which the taxpayer has a total investment in excess of fifty million dollars ($50,000,000); (D) That is undertaken by a taxpayer who has entered into an incentive agreement with the State of Arkansas in which the taxpayer commits to creating at least one hundred (100) net new full-time permanent employees with an average annual wage of at least sixty thousand dollars ($60,000); (E) That will provide a positive cost-benefit analysis to the state as determined by the commission and the Office of Economic Analysis and Tax Research; (F) That is certified as having a closing date before December 31, 2023, for all facilities, by which the taxpayer has certified and the state has verified that necessary capital acquisition and borrowing for the facilities has occurred to ensure that funds will be available to: (i) Secure a site for the facilities; (ii) Obtain engineering services for the facilities; (iii) Purchase equipment for the facilities; and (iv) Commence construction on the facilities; and (G) That is undertaken by a taxpayer that has elected by agreement with the State of Arkansas for the taxpayer's facilities to be classified as a qualified wood energy products and forest maintenance project; and

(A) For which the taxpayer commenced construction by the date specified in the incentive agreement, but no earlier than January 1, 2020;

(B) That supports the Arkansas timber industry by using low-value wood, including without limitation sawmill residuals, forest thinnings, unwanted treetops, and damaged or diseased trees, to produce high-efficiency, high-energy wood energy products;

(C) In which the taxpayer has a total investment in excess of fifty million dollars ($50,000,000);

(D) That is undertaken by a taxpayer who has entered into an incentive agreement with the State of Arkansas in which the taxpayer commits to creating at least one hundred (100) net new full-time permanent employees with an average annual wage of at least sixty thousand dollars ($60,000);

(E) That will provide a positive cost-benefit analysis to the state as determined by the commission and the Office of Economic Analysis and Tax Research;

(F) That is certified as having a closing date before December 31, 2023, for all facilities, by which the taxpayer has certified and the state has verified that necessary capital acquisition and borrowing for the facilities has occurred to ensure that funds will be available to: (i) Secure a site for the facilities; (ii) Obtain engineering services for the facilities; (iii) Purchase equipment for the facilities; and (iv) Commence construction on the facilities; and

(i) Secure a site for the facilities;

(ii) Obtain engineering services for the facilities;

(iii) Purchase equipment for the facilities; and

(iv) Commence construction on the facilities; and

(G) That is undertaken by a taxpayer that has elected by agreement with the State of Arkansas for the taxpayer's facilities to be classified as a qualified wood energy products and forest maintenance project; and

(7) (A) "Wood energy products equipment" means: (i) New or used machinery or equipment located in Arkansas on the last day of the taxable year that is operated or used exclusively in Arkansas to collect, separate, treat, pulverize, dry, modify, or convert wood fiber so the resulting product may be used as a raw material, for productive energy use, or to manufacture other materials; (ii) Devices that are directly connected with or are an integral and necessary part of machinery or equipment operated or used exclusively in Arkansas to collect, separate, treat, pulverize, dry, modify, or convert wood fiber and are necessary for the collection, separation, treatment, pulverization, drying, modification, or manufacturing of wood fiber; (iii) Equipment that produces energy with wood power; and (iv) A device that is directly connected with or is an integral and necessary part of machinery or equipment operated or used exclusively in Arkansas to produce energy with wood power. (B) "Wood energy products equipment" does not include a vehicle or trailer that is licensed or that normally would be licensed for use on highways in Arkansas.

(A) "Wood energy products equipment" means: (i) New or used machinery or equipment located in Arkansas on the last day of the taxable year that is operated or used exclusively in Arkansas to collect, separate, treat, pulverize, dry, modify, or convert wood fiber so the resulting product may be used as a raw material, for productive energy use, or to manufacture other materials; (ii) Devices that are directly connected with or are an integral and necessary part of machinery or equipment operated or used exclusively in Arkansas to collect, separate, treat, pulverize, dry, modify, or convert wood fiber and are necessary for the collection, separation, treatment, pulverization, drying, modification, or manufacturing of wood fiber; (iii) Equipment that produces energy with wood power; and (iv) A device that is directly connected with or is an integral and necessary part of machinery or equipment operated or used exclusively in Arkansas to produce energy with wood power.

(i) New or used machinery or equipment located in Arkansas on the last day of the taxable year that is operated or used exclusively in Arkansas to collect, separate, treat, pulverize, dry, modify, or convert wood fiber so the resulting product may be used as a raw material, for productive energy use, or to manufacture other materials;

(ii) Devices that are directly connected with or are an integral and necessary part of machinery or equipment operated or used exclusively in Arkansas to collect, separate, treat, pulverize, dry, modify, or convert wood fiber and are necessary for the collection, separation, treatment, pulverization, drying, modification, or manufacturing of wood fiber;

(iii) Equipment that produces energy with wood power; and

(iv) A device that is directly connected with or is an integral and necessary part of machinery or equipment operated or used exclusively in Arkansas to produce energy with wood power.

(B) "Wood energy products equipment" does not include a vehicle or trailer that is licensed or that normally would be licensed for use on highways in Arkansas.

Amended by Act 2023, No. 845,§ 5, eff. 1/1/2023, app. for tax years beginning on or after January 1, 2023.

Amended by Act 2023, No. 845,§ 4, eff. 1/1/2023, app. for tax years beginning on or after January 1, 2023.

Amended by Act 2023, No. 845,§ 3, eff. 1/1/2023, app. for tax years beginning on or after January 1, 2023.

Amended by Act 2023, No. 845,§ 2, eff. 1/1/2023, app. for tax years beginning on or after January 1, 2023.

Added by Act 2021, No. 594,§ 4, eff. for tax years beginning on or after January 1, 2021.
Ark. Code Ann. § 26-51-2204 — AR Code / Title 26 / Chapter 51 / Subchapter 22 / Section 26-51-2204
Arkansas historic rehabilitation income tax credit
Status: in_force

(a) (1) There is allowed an income tax credit up to the amount of tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., or the premium tax to a holder of an Arkansas historic rehabilitation income tax credit. (2) Beginning March 20, 2015, the income tax credit allowed under subdivision (a)(1) of this section is allowed only one (1) time in a twenty-four-month period for each eligible property. (b) (1) The Arkansas historic rehabilitation income tax credit shall be in an amount equal to twenty-five percent (25%) of the total qualified rehabilitation expenses incurred by the owner to complete a certified rehabilitation up to the first: (A) (i) For a project that starts on or after January 1, 2009, five hundred thousand dollars ($500,000) of qualified rehabilitation expenses on income-producing property. (ii) For a project that starts on or after July 1, 2017, one million six hundred thousand dollars ($1,600,000) of qualified rehabilitation expenses on income-producing property; or (B) One hundred thousand dollars ($100,000) of qualified rehabilitation expenses on nonincome-producing property. (2) Beginning fiscal year 2024, the amount of the Arkansas historic rehabilitation income tax credit shall be equal to the following percentages of the total qualified rehabilitation expenses incurred by the owner to complete a certified rehabilitation up to the amounts stated in subdivisions (b)(1)(A) and (B) of this section: (A) For qualified rehabilitation expenses incurred in a city with a population of less than ten thousand (10,000), forty percent (40%); (B) For qualified rehabilitation expenses incurred in a city with a population of at least ten thousand (10,000) and not more than fifty thousand (50,000), thirty-five percent (35%); and (C) For qualified rehabilitation expenses incurred in a city with a population of more than fifty thousand (50,000), thirty percent (30%). (c) (1) (A) The Division of Arkansas Heritage shall only issue Arkansas historic rehabilitation income tax credits for up to four million dollars ($4,000,000) in any one (1) fiscal year. (B) Beginning fiscal year 2022, the division shall only issue Arkansas historic rehabilitation income tax credits for up to eight million dollars ($8,000,000) in any one (1) fiscal year. (2) Any unused Arkansas historic rehabilitation income tax credits shall not be carried over to the following fiscal year for use by the division. (3) Any certification of completion that would cause the Arkansas historic rehabilitation income tax credit to exceed the amounts listed in subdivision (c)(1) of this section during the fiscal year will be carried forward for consideration during the following fiscal year. (d) The Arkansas historic rehabilitation income tax credit is available to an owner of an eligible property that: (1) Completes a certified rehabilitation that is placed in service after January 1, 2009; (2) Has a minimum investment of: (A) Twenty-five thousand dollars ($25,000) in qualified rehabilitation expenses on income-producing properties; or (B) Five thousand dollars ($5,000) in qualified rehabilitation expenses on nonincome-producing properties; and (3) Is not receiving a tax credit under any other state law for the same eligible property. (e) Upon completion of a rehabilitation, the owner shall submit documentation required by the division to verify that the completed rehabilitation qualifies as a certified rehabilitation. (f) If the division determines that a rehabilitation qualifies as a certified rehabilitation and that the certified rehabilitation is complete, the division shall issue a freely transferable certification of completion specifying the total amount of the qualified rehabilitation expenses and Arkansas historic rehabilitation income tax credit allowed. (g) (1) If the owner requests a review of the division determination under subsection (f) of this section, the owner shall submit a written request for review of the determination. (2) The owner shall submit the request in writing to the division within thirty (30) days of the date of notification to the owner of the determination. (h) (1) The owner shall certify to the division the validity of costs and expenses claimed as qualified rehabilitation expenses and shall maintain a record supporting the claim for at least five (5) years after the issuance of the certification of completion. (2) An owner's record supporting a claim for qualified rehabilitation expenses may be reviewed by the division, the appropriate tax collection authority, or a holder. Amended by Act 2023, No. 650,§ 1, eff. 8/1/2023. Amended by Act 2021, No. 840,§ 1, eff. 7/28/2021. Amended by Act 2019, No. 910,§ 5713, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 5712, eff. 7/1/2019. Amended by Act 2019, No. 470,§ 1, eff. for taxable years beginning on or after 1/1/2019. Amended by Act 2017, No. 393,§ 1, eff. 7/1/2017. Amended by Act 2015, No. 567,§ 2, eff. 3/20/2015. Acts 2009, No. 498, § 1.

(a) (1) There is allowed an income tax credit up to the amount of tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., or the premium tax to a holder of an Arkansas historic rehabilitation income tax credit. (2) Beginning March 20, 2015, the income tax credit allowed under subdivision (a)(1) of this section is allowed only one (1) time in a twenty-four-month period for each eligible property.

(1) There is allowed an income tax credit up to the amount of tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., or the premium tax to a holder of an Arkansas historic rehabilitation income tax credit.

(2) Beginning March 20, 2015, the income tax credit allowed under subdivision (a)(1) of this section is allowed only one (1) time in a twenty-four-month period for each eligible property.

(b) (1) The Arkansas historic rehabilitation income tax credit shall be in an amount equal to twenty-five percent (25%) of the total qualified rehabilitation expenses incurred by the owner to complete a certified rehabilitation up to the first: (A) (i) For a project that starts on or after January 1, 2009, five hundred thousand dollars ($500,000) of qualified rehabilitation expenses on income-producing property. (ii) For a project that starts on or after July 1, 2017, one million six hundred thousand dollars ($1,600,000) of qualified rehabilitation expenses on income-producing property; or (B) One hundred thousand dollars ($100,000) of qualified rehabilitation expenses on nonincome-producing property. (2) Beginning fiscal year 2024, the amount of the Arkansas historic rehabilitation income tax credit shall be equal to the following percentages of the total qualified rehabilitation expenses incurred by the owner to complete a certified rehabilitation up to the amounts stated in subdivisions (b)(1)(A) and (B) of this section: (A) For qualified rehabilitation expenses incurred in a city with a population of less than ten thousand (10,000), forty percent (40%); (B) For qualified rehabilitation expenses incurred in a city with a population of at least ten thousand (10,000) and not more than fifty thousand (50,000), thirty-five percent (35%); and (C) For qualified rehabilitation expenses incurred in a city with a population of more than fifty thousand (50,000), thirty percent (30%).

(1) The Arkansas historic rehabilitation income tax credit shall be in an amount equal to twenty-five percent (25%) of the total qualified rehabilitation expenses incurred by the owner to complete a certified rehabilitation up to the first: (A) (i) For a project that starts on or after January 1, 2009, five hundred thousand dollars ($500,000) of qualified rehabilitation expenses on income-producing property. (ii) For a project that starts on or after July 1, 2017, one million six hundred thousand dollars ($1,600,000) of qualified rehabilitation expenses on income-producing property; or (B) One hundred thousand dollars ($100,000) of qualified rehabilitation expenses on nonincome-producing property.

(A) (i) For a project that starts on or after January 1, 2009, five hundred thousand dollars ($500,000) of qualified rehabilitation expenses on income-producing property. (ii) For a project that starts on or after July 1, 2017, one million six hundred thousand dollars ($1,600,000) of qualified rehabilitation expenses on income-producing property; or

(i) For a project that starts on or after January 1, 2009, five hundred thousand dollars ($500,000) of qualified rehabilitation expenses on income-producing property.

(ii) For a project that starts on or after July 1, 2017, one million six hundred thousand dollars ($1,600,000) of qualified rehabilitation expenses on income-producing property; or

(B) One hundred thousand dollars ($100,000) of qualified rehabilitation expenses on nonincome-producing property.

(2) Beginning fiscal year 2024, the amount of the Arkansas historic rehabilitation income tax credit shall be equal to the following percentages of the total qualified rehabilitation expenses incurred by the owner to complete a certified rehabilitation up to the amounts stated in subdivisions (b)(1)(A) and (B) of this section: (A) For qualified rehabilitation expenses incurred in a city with a population of less than ten thousand (10,000), forty percent (40%); (B) For qualified rehabilitation expenses incurred in a city with a population of at least ten thousand (10,000) and not more than fifty thousand (50,000), thirty-five percent (35%); and (C) For qualified rehabilitation expenses incurred in a city with a population of more than fifty thousand (50,000), thirty percent (30%).

(A) For qualified rehabilitation expenses incurred in a city with a population of less than ten thousand (10,000), forty percent (40%);

(B) For qualified rehabilitation expenses incurred in a city with a population of at least ten thousand (10,000) and not more than fifty thousand (50,000), thirty-five percent (35%); and

(C) For qualified rehabilitation expenses incurred in a city with a population of more than fifty thousand (50,000), thirty percent (30%).

(c) (1) (A) The Division of Arkansas Heritage shall only issue Arkansas historic rehabilitation income tax credits for up to four million dollars ($4,000,000) in any one (1) fiscal year. (B) Beginning fiscal year 2022, the division shall only issue Arkansas historic rehabilitation income tax credits for up to eight million dollars ($8,000,000) in any one (1) fiscal year. (2) Any unused Arkansas historic rehabilitation income tax credits shall not be carried over to the following fiscal year for use by the division. (3) Any certification of completion that would cause the Arkansas historic rehabilitation income tax credit to exceed the amounts listed in subdivision (c)(1) of this section during the fiscal year will be carried forward for consideration during the following fiscal year.

(1) (A) The Division of Arkansas Heritage shall only issue Arkansas historic rehabilitation income tax credits for up to four million dollars ($4,000,000) in any one (1) fiscal year. (B) Beginning fiscal year 2022, the division shall only issue Arkansas historic rehabilitation income tax credits for up to eight million dollars ($8,000,000) in any one (1) fiscal year.

(A) The Division of Arkansas Heritage shall only issue Arkansas historic rehabilitation income tax credits for up to four million dollars ($4,000,000) in any one (1) fiscal year.

(B) Beginning fiscal year 2022, the division shall only issue Arkansas historic rehabilitation income tax credits for up to eight million dollars ($8,000,000) in any one (1) fiscal year.

(2) Any unused Arkansas historic rehabilitation income tax credits shall not be carried over to the following fiscal year for use by the division.

(3) Any certification of completion that would cause the Arkansas historic rehabilitation income tax credit to exceed the amounts listed in subdivision (c)(1) of this section during the fiscal year will be carried forward for consideration during the following fiscal year.

(d) The Arkansas historic rehabilitation income tax credit is available to an owner of an eligible property that: (1) Completes a certified rehabilitation that is placed in service after January 1, 2009; (2) Has a minimum investment of: (A) Twenty-five thousand dollars ($25,000) in qualified rehabilitation expenses on income-producing properties; or (B) Five thousand dollars ($5,000) in qualified rehabilitation expenses on nonincome-producing properties; and (3) Is not receiving a tax credit under any other state law for the same eligible property.

(1) Completes a certified rehabilitation that is placed in service after January 1, 2009;

(2) Has a minimum investment of: (A) Twenty-five thousand dollars ($25,000) in qualified rehabilitation expenses on income-producing properties; or (B) Five thousand dollars ($5,000) in qualified rehabilitation expenses on nonincome-producing properties; and

(A) Twenty-five thousand dollars ($25,000) in qualified rehabilitation expenses on income-producing properties; or

(B) Five thousand dollars ($5,000) in qualified rehabilitation expenses on nonincome-producing properties; and

(3) Is not receiving a tax credit under any other state law for the same eligible property.

(e) Upon completion of a rehabilitation, the owner shall submit documentation required by the division to verify that the completed rehabilitation qualifies as a certified rehabilitation.

(f) If the division determines that a rehabilitation qualifies as a certified rehabilitation and that the certified rehabilitation is complete, the division shall issue a freely transferable certification of completion specifying the total amount of the qualified rehabilitation expenses and Arkansas historic rehabilitation income tax credit allowed.

(g) (1) If the owner requests a review of the division determination under subsection (f) of this section, the owner shall submit a written request for review of the determination. (2) The owner shall submit the request in writing to the division within thirty (30) days of the date of notification to the owner of the determination.

(1) If the owner requests a review of the division determination under subsection (f) of this section, the owner shall submit a written request for review of the determination.

(2) The owner shall submit the request in writing to the division within thirty (30) days of the date of notification to the owner of the determination.

(h) (1) The owner shall certify to the division the validity of costs and expenses claimed as qualified rehabilitation expenses and shall maintain a record supporting the claim for at least five (5) years after the issuance of the certification of completion. (2) An owner's record supporting a claim for qualified rehabilitation expenses may be reviewed by the division, the appropriate tax collection authority, or a holder.

(1) The owner shall certify to the division the validity of costs and expenses claimed as qualified rehabilitation expenses and shall maintain a record supporting the claim for at least five (5) years after the issuance of the certification of completion.

(2) An owner's record supporting a claim for qualified rehabilitation expenses may be reviewed by the division, the appropriate tax collection authority, or a holder.

Amended by Act 2023, No. 650,§ 1, eff. 8/1/2023.

Amended by Act 2021, No. 840,§ 1, eff. 7/28/2021.

Amended by Act 2019, No. 910,§ 5713, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 5712, eff. 7/1/2019.

Amended by Act 2019, No. 470,§ 1, eff. for taxable years beginning on or after 1/1/2019.

Amended by Act 2017, No. 393,§ 1, eff. 7/1/2017.

Amended by Act 2015, No. 567,§ 2, eff. 3/20/2015.

Acts 2009, No. 498, § 1.
Ark. Code Ann. § 26-62-210 — AR Code / Title 26 / Chapter 62 / Subchapter 2 / Section 26-62-210
Interstate users and IFTA carrier users - Tax refund procedure
Status: in_force

(a) (1) The Secretary of the Department of Finance and Administration shall quarterly estimate the amount necessary to pay refunds to licensed interstate users and licensed IFTA carrier users of alternative fuels who are entitled to refunds with respect to alternative fuels taxes paid in this state as authorized in § 26-62-209 , and upon certification by the secretary, the Treasurer of State shall transfer from the gross amount of alternative fuels taxes collected each month the amount to the Interstate Alternative Fuels Refund Fund, which is established on the books of the State Treasury, from which the Department of Finance and Administration shall make refunds as provided by law. (2) The transfers from the gross alternative fuels taxes collected each month shall be after deducting allowances for bad checks or claims but before making any other distribution as provided by law. (b) All warrants drawn against the fund which are not presented for payment within one (1) year of issuance shall be void. (c) Neither the secretary nor any member or employee of the department shall be held personally liable for making any refund by reason of a fraudulent claim's being filed as a basis for such refund. (d) The secretary in consultation with the Director of State Highways and Transportation is authorized to promulgate rules and to prescribe the necessary forms required for the administration of claims for tax refunds from licensed interstate users or licensed IFTA carrier users of alternative fuels in this state as authorized by law, which rules shall be in conformance with the following requirements: (1) The secretary shall first determine with respect to each refund claim filed that the bond of the interstate user or IFTA carrier user is adequate to compensate the State of Arkansas for any losses with respect to the recovery of any refunds illegally claimed by such user, and the secretary may require the increase of the bond if the secretary determines it to be inadequate before approving any such claim for refund; (2) Each licensed interstate user or licensed IFTA carrier user of alternative fuels claiming refunds shall maintain adequate records to substantiate each claim for refund, and the secretary may reject any claim for refund if the secretary determines the applicant has not maintained adequate records or has not conformed to the rules of the department in filing the claim therefor; (3) Each claim for refund must be upon the request of the licensed interstate user or licensed IFTA carrier user, which shall be verified by such user as to its accuracy and validity; (4) (A) Each quarterly report filed by a licensed interstate user or licensed IFTA carrier user of alternative fuels with the department shall reflect thereon the amount of alternative fuels purchased for use in Arkansas during the quarter, the number of equivalent gallons of alternative fuels upon which taxes are due the State of Arkansas for the quarter, and the excess equivalent gallons upon which such user is entitled to refunds. (B) At the end of each calendar quarter, the licensed interstate user or licensed IFTA carrier user may apply for a refund with respect to the number of equivalent gallons of alternative fuels upon which the alternative fuels taxes have been paid during the calendar quarter for which the licensed interstate user or licensed IFTA carrier user is entitled to a refund; and (5) The secretary is authorized to promulgate any such rules the secretary deems desirable in consultation with the director regarding refunds to licensed interstate users and IFTA carrier users. Amended by Act 2019, No. 315,§ 3056, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4338, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4337, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4336, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4335, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4334, eff. 7/1/2019. Acts 1993, No. 1119, § 18; 2009, No. 655, § 107.

(a) (1) The Secretary of the Department of Finance and Administration shall quarterly estimate the amount necessary to pay refunds to licensed interstate users and licensed IFTA carrier users of alternative fuels who are entitled to refunds with respect to alternative fuels taxes paid in this state as authorized in § 26-62-209 , and upon certification by the secretary, the Treasurer of State shall transfer from the gross amount of alternative fuels taxes collected each month the amount to the Interstate Alternative Fuels Refund Fund, which is established on the books of the State Treasury, from which the Department of Finance and Administration shall make refunds as provided by law. (2) The transfers from the gross alternative fuels taxes collected each month shall be after deducting allowances for bad checks or claims but before making any other distribution as provided by law.

(1) The Secretary of the Department of Finance and Administration shall quarterly estimate the amount necessary to pay refunds to licensed interstate users and licensed IFTA carrier users of alternative fuels who are entitled to refunds with respect to alternative fuels taxes paid in this state as authorized in § 26-62-209 , and upon certification by the secretary, the Treasurer of State shall transfer from the gross amount of alternative fuels taxes collected each month the amount to the Interstate Alternative Fuels Refund Fund, which is established on the books of the State Treasury, from which the Department of Finance and Administration shall make refunds as provided by law.

(2) The transfers from the gross alternative fuels taxes collected each month shall be after deducting allowances for bad checks or claims but before making any other distribution as provided by law.

(b) All warrants drawn against the fund which are not presented for payment within one (1) year of issuance shall be void.

(c) Neither the secretary nor any member or employee of the department shall be held personally liable for making any refund by reason of a fraudulent claim's being filed as a basis for such refund.

(d) The secretary in consultation with the Director of State Highways and Transportation is authorized to promulgate rules and to prescribe the necessary forms required for the administration of claims for tax refunds from licensed interstate users or licensed IFTA carrier users of alternative fuels in this state as authorized by law, which rules shall be in conformance with the following requirements: (1) The secretary shall first determine with respect to each refund claim filed that the bond of the interstate user or IFTA carrier user is adequate to compensate the State of Arkansas for any losses with respect to the recovery of any refunds illegally claimed by such user, and the secretary may require the increase of the bond if the secretary determines it to be inadequate before approving any such claim for refund; (2) Each licensed interstate user or licensed IFTA carrier user of alternative fuels claiming refunds shall maintain adequate records to substantiate each claim for refund, and the secretary may reject any claim for refund if the secretary determines the applicant has not maintained adequate records or has not conformed to the rules of the department in filing the claim therefor; (3) Each claim for refund must be upon the request of the licensed interstate user or licensed IFTA carrier user, which shall be verified by such user as to its accuracy and validity; (4) (A) Each quarterly report filed by a licensed interstate user or licensed IFTA carrier user of alternative fuels with the department shall reflect thereon the amount of alternative fuels purchased for use in Arkansas during the quarter, the number of equivalent gallons of alternative fuels upon which taxes are due the State of Arkansas for the quarter, and the excess equivalent gallons upon which such user is entitled to refunds. (B) At the end of each calendar quarter, the licensed interstate user or licensed IFTA carrier user may apply for a refund with respect to the number of equivalent gallons of alternative fuels upon which the alternative fuels taxes have been paid during the calendar quarter for which the licensed interstate user or licensed IFTA carrier user is entitled to a refund; and (5) The secretary is authorized to promulgate any such rules the secretary deems desirable in consultation with the director regarding refunds to licensed interstate users and IFTA carrier users.

(1) The secretary shall first determine with respect to each refund claim filed that the bond of the interstate user or IFTA carrier user is adequate to compensate the State of Arkansas for any losses with respect to the recovery of any refunds illegally claimed by such user, and the secretary may require the increase of the bond if the secretary determines it to be inadequate before approving any such claim for refund;

(2) Each licensed interstate user or licensed IFTA carrier user of alternative fuels claiming refunds shall maintain adequate records to substantiate each claim for refund, and the secretary may reject any claim for refund if the secretary determines the applicant has not maintained adequate records or has not conformed to the rules of the department in filing the claim therefor;

(3) Each claim for refund must be upon the request of the licensed interstate user or licensed IFTA carrier user, which shall be verified by such user as to its accuracy and validity;

(4) (A) Each quarterly report filed by a licensed interstate user or licensed IFTA carrier user of alternative fuels with the department shall reflect thereon the amount of alternative fuels purchased for use in Arkansas during the quarter, the number of equivalent gallons of alternative fuels upon which taxes are due the State of Arkansas for the quarter, and the excess equivalent gallons upon which such user is entitled to refunds. (B) At the end of each calendar quarter, the licensed interstate user or licensed IFTA carrier user may apply for a refund with respect to the number of equivalent gallons of alternative fuels upon which the alternative fuels taxes have been paid during the calendar quarter for which the licensed interstate user or licensed IFTA carrier user is entitled to a refund; and

(A) Each quarterly report filed by a licensed interstate user or licensed IFTA carrier user of alternative fuels with the department shall reflect thereon the amount of alternative fuels purchased for use in Arkansas during the quarter, the number of equivalent gallons of alternative fuels upon which taxes are due the State of Arkansas for the quarter, and the excess equivalent gallons upon which such user is entitled to refunds.

(B) At the end of each calendar quarter, the licensed interstate user or licensed IFTA carrier user may apply for a refund with respect to the number of equivalent gallons of alternative fuels upon which the alternative fuels taxes have been paid during the calendar quarter for which the licensed interstate user or licensed IFTA carrier user is entitled to a refund; and

(5) The secretary is authorized to promulgate any such rules the secretary deems desirable in consultation with the director regarding refunds to licensed interstate users and IFTA carrier users.

Amended by Act 2019, No. 315,§ 3056, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4338, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4337, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4336, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4335, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4334, eff. 7/1/2019.

Acts 1993, No. 1119, § 18; 2009, No. 655, § 107.
Ark. Code Ann. § 26-51-505 — AR Code / Title 26 / Chapter 51 / Subchapter 5 / Section 26-51-505
Establishment or expansion of manufacturing enterprise - Definitions
Status: in_force

(a) There shall be allowed a credit against the tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., § 26-51-205 , and § 26-51-303 , an amount as determined in subsection (c) of this section, for any taxpayer who establishes or expands a manufacturing enterprise in the State of Arkansas which results in the creation of new additional full-time or part-time jobs within this state. (b) (1) As used in this section, "manufacturing" refers to and includes those operations commonly understood within their ordinary meaning and shall also include mining, quarrying, refining, extracting oil and gas, cotton ginning, the drying of rice, soybeans, and other grains, the manufacturing of feed, processing of poultry or eggs and livestock, and the hatching of poultry. (2) (A) A "new employee" shall be a person residing and domiciled in this state, hired by the taxpayer to fill a new additional job in this state which previously did not exist in the manufacturing enterprise during the taxable year for which the credit allowed by this section is claimed. (B) To qualify for the credit provided in this section, the employment of a new employee by the manufacturer must increase the total number of employees who are employed by the manufacturer. In no case shall the new employees allowed for the purpose of the credit exceed the total increase in employment. (C) A person shall be deemed to be so engaged if that person performs duties in connection with the operation of the business enterprise on: (i) A regular full-time basis; or (ii) A part-time basis if the person is customarily performing such duties at least twenty (20) hours per week for at least six (6) months during the taxable year. (c) (1) The credit shall be a portion of the state individual or corporate income tax paid by the taxpayer but not in excess of fifty percent (50%) of the tax. The portion shall be an amount determined by multiplying the number of new employees, as defined in subdivision (b)(2) of this section, by one hundred dollars ($100) per eligible new employee per taxable year. (2) The amount of the credit allowed under subdivision (c)(1) of this section for the taxable year shall be an amount equal to the sum of: (A) A carryover of prior unused credits arising from the taxable years beginning on or after January 1, 1983, carried to the taxable year; plus (B) The amount of the credit allowed by subdivision (c)(1) of this section for the taxable year. (3) If the sum of the amount of the credits under subdivisions (c)(2)(A) and (B) of this section for the taxable year exceeds the limitation imposed by subdivision (c)(1) of this section, the excess shall be treated as a carryover credit and may be carried over for a maximum of three (3) consecutive years following the taxable year in which the credit originated. (d) (1) In the case of a proprietorship or partnership, the amount of the credit determined under this section for any taxable year shall be apportioned to each proprietor or partner in proportion to the amount of income from the manufacturing entity which the proprietor or partner is required to include in his or her gross income. (2) In the case of a Subchapter S corporation, as allowed by § 26-51-409 , the amount of the credit determined under this section for any taxable year shall be apportioned pro rata among the persons who are shareholders of the corporation on the last day of the taxable year. (3) No credit shall be allowed under this section to any organization which is exempt from state income tax. (4) In the case of an estate or trust: (A) The amount of the credit determined under this section for any taxable year shall be apportioned between the estate or trust and the beneficiaries on the basis of the income of the estate or trust allocable to each; and (B) Any beneficiary to whom any amount has been apportioned under subdivision (d)(4)(A) of this section shall be allowed, subject to the limitations contained in this section, a credit under this section for the amount. (e) (1) The Revenue Division of the Department of Finance and Administration shall promulgate such rules as may be deemed necessary to carry out the purposes of this section. (2) The Revenue Division of the Department of Finance and Administration shall consult with the Division of Workforce Services and the Arkansas Economic Development Council during the promulgation of the rules. (f) The tax credit provided by this section shall expire on June 30, 1988. Any unused credits may be carried over beyond this date in accordance with subdivision (c)(3) of this section. Amended by Act 2019, No. 315,§ 2967, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 631, eff. 7/1/2019. Acts 1983, No. 785, §§ 1-6; A.S.A. 1947, §§ 84-2021.18 -- 84-2021.23; Acts 1997, No. 540, § 54.

(a) There shall be allowed a credit against the tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., § 26-51-205 , and § 26-51-303 , an amount as determined in subsection (c) of this section, for any taxpayer who establishes or expands a manufacturing enterprise in the State of Arkansas which results in the creation of new additional full-time or part-time jobs within this state.

(b) (1) As used in this section, "manufacturing" refers to and includes those operations commonly understood within their ordinary meaning and shall also include mining, quarrying, refining, extracting oil and gas, cotton ginning, the drying of rice, soybeans, and other grains, the manufacturing of feed, processing of poultry or eggs and livestock, and the hatching of poultry. (2) (A) A "new employee" shall be a person residing and domiciled in this state, hired by the taxpayer to fill a new additional job in this state which previously did not exist in the manufacturing enterprise during the taxable year for which the credit allowed by this section is claimed. (B) To qualify for the credit provided in this section, the employment of a new employee by the manufacturer must increase the total number of employees who are employed by the manufacturer. In no case shall the new employees allowed for the purpose of the credit exceed the total increase in employment. (C) A person shall be deemed to be so engaged if that person performs duties in connection with the operation of the business enterprise on: (i) A regular full-time basis; or (ii) A part-time basis if the person is customarily performing such duties at least twenty (20) hours per week for at least six (6) months during the taxable year.

(1) As used in this section, "manufacturing" refers to and includes those operations commonly understood within their ordinary meaning and shall also include mining, quarrying, refining, extracting oil and gas, cotton ginning, the drying of rice, soybeans, and other grains, the manufacturing of feed, processing of poultry or eggs and livestock, and the hatching of poultry.

(2) (A) A "new employee" shall be a person residing and domiciled in this state, hired by the taxpayer to fill a new additional job in this state which previously did not exist in the manufacturing enterprise during the taxable year for which the credit allowed by this section is claimed. (B) To qualify for the credit provided in this section, the employment of a new employee by the manufacturer must increase the total number of employees who are employed by the manufacturer. In no case shall the new employees allowed for the purpose of the credit exceed the total increase in employment. (C) A person shall be deemed to be so engaged if that person performs duties in connection with the operation of the business enterprise on: (i) A regular full-time basis; or (ii) A part-time basis if the person is customarily performing such duties at least twenty (20) hours per week for at least six (6) months during the taxable year.

(A) A "new employee" shall be a person residing and domiciled in this state, hired by the taxpayer to fill a new additional job in this state which previously did not exist in the manufacturing enterprise during the taxable year for which the credit allowed by this section is claimed.

(B) To qualify for the credit provided in this section, the employment of a new employee by the manufacturer must increase the total number of employees who are employed by the manufacturer. In no case shall the new employees allowed for the purpose of the credit exceed the total increase in employment.

(C) A person shall be deemed to be so engaged if that person performs duties in connection with the operation of the business enterprise on: (i) A regular full-time basis; or (ii) A part-time basis if the person is customarily performing such duties at least twenty (20) hours per week for at least six (6) months during the taxable year.

(i) A regular full-time basis; or

(ii) A part-time basis if the person is customarily performing such duties at least twenty (20) hours per week for at least six (6) months during the taxable year.

(c) (1) The credit shall be a portion of the state individual or corporate income tax paid by the taxpayer but not in excess of fifty percent (50%) of the tax. The portion shall be an amount determined by multiplying the number of new employees, as defined in subdivision (b)(2) of this section, by one hundred dollars ($100) per eligible new employee per taxable year. (2) The amount of the credit allowed under subdivision (c)(1) of this section for the taxable year shall be an amount equal to the sum of: (A) A carryover of prior unused credits arising from the taxable years beginning on or after January 1, 1983, carried to the taxable year; plus (B) The amount of the credit allowed by subdivision (c)(1) of this section for the taxable year. (3) If the sum of the amount of the credits under subdivisions (c)(2)(A) and (B) of this section for the taxable year exceeds the limitation imposed by subdivision (c)(1) of this section, the excess shall be treated as a carryover credit and may be carried over for a maximum of three (3) consecutive years following the taxable year in which the credit originated.

(1) The credit shall be a portion of the state individual or corporate income tax paid by the taxpayer but not in excess of fifty percent (50%) of the tax. The portion shall be an amount determined by multiplying the number of new employees, as defined in subdivision (b)(2) of this section, by one hundred dollars ($100) per eligible new employee per taxable year.

(2) The amount of the credit allowed under subdivision (c)(1) of this section for the taxable year shall be an amount equal to the sum of: (A) A carryover of prior unused credits arising from the taxable years beginning on or after January 1, 1983, carried to the taxable year; plus (B) The amount of the credit allowed by subdivision (c)(1) of this section for the taxable year.

(A) A carryover of prior unused credits arising from the taxable years beginning on or after January 1, 1983, carried to the taxable year; plus

(B) The amount of the credit allowed by subdivision (c)(1) of this section for the taxable year.

(3) If the sum of the amount of the credits under subdivisions (c)(2)(A) and (B) of this section for the taxable year exceeds the limitation imposed by subdivision (c)(1) of this section, the excess shall be treated as a carryover credit and may be carried over for a maximum of three (3) consecutive years following the taxable year in which the credit originated.

(d) (1) In the case of a proprietorship or partnership, the amount of the credit determined under this section for any taxable year shall be apportioned to each proprietor or partner in proportion to the amount of income from the manufacturing entity which the proprietor or partner is required to include in his or her gross income. (2) In the case of a Subchapter S corporation, as allowed by § 26-51-409 , the amount of the credit determined under this section for any taxable year shall be apportioned pro rata among the persons who are shareholders of the corporation on the last day of the taxable year. (3) No credit shall be allowed under this section to any organization which is exempt from state income tax. (4) In the case of an estate or trust: (A) The amount of the credit determined under this section for any taxable year shall be apportioned between the estate or trust and the beneficiaries on the basis of the income of the estate or trust allocable to each; and (B) Any beneficiary to whom any amount has been apportioned under subdivision (d)(4)(A) of this section shall be allowed, subject to the limitations contained in this section, a credit under this section for the amount.

(1) In the case of a proprietorship or partnership, the amount of the credit determined under this section for any taxable year shall be apportioned to each proprietor or partner in proportion to the amount of income from the manufacturing entity which the proprietor or partner is required to include in his or her gross income.

(2) In the case of a Subchapter S corporation, as allowed by § 26-51-409 , the amount of the credit determined under this section for any taxable year shall be apportioned pro rata among the persons who are shareholders of the corporation on the last day of the taxable year.

(3) No credit shall be allowed under this section to any organization which is exempt from state income tax.

(4) In the case of an estate or trust: (A) The amount of the credit determined under this section for any taxable year shall be apportioned between the estate or trust and the beneficiaries on the basis of the income of the estate or trust allocable to each; and (B) Any beneficiary to whom any amount has been apportioned under subdivision (d)(4)(A) of this section shall be allowed, subject to the limitations contained in this section, a credit under this section for the amount.

(A) The amount of the credit determined under this section for any taxable year shall be apportioned between the estate or trust and the beneficiaries on the basis of the income of the estate or trust allocable to each; and

(B) Any beneficiary to whom any amount has been apportioned under subdivision (d)(4)(A) of this section shall be allowed, subject to the limitations contained in this section, a credit under this section for the amount.

(e) (1) The Revenue Division of the Department of Finance and Administration shall promulgate such rules as may be deemed necessary to carry out the purposes of this section. (2) The Revenue Division of the Department of Finance and Administration shall consult with the Division of Workforce Services and the Arkansas Economic Development Council during the promulgation of the rules.

(1) The Revenue Division of the Department of Finance and Administration shall promulgate such rules as may be deemed necessary to carry out the purposes of this section.

(2) The Revenue Division of the Department of Finance and Administration shall consult with the Division of Workforce Services and the Arkansas Economic Development Council during the promulgation of the rules.

(f) The tax credit provided by this section shall expire on June 30, 1988. Any unused credits may be carried over beyond this date in accordance with subdivision (c)(3) of this section.

Amended by Act 2019, No. 315,§ 2967, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 631, eff. 7/1/2019.

Acts 1983, No. 785, §§ 1-6; A.S.A. 1947, §§ 84-2021.18 -- 84-2021.23; Acts 1997, No. 540, § 54.
Ark. Code Ann. § 26-18-1114 — AR Code / Title 26 / Chapter 18 / Subchapter 11 / Section 26-18-1114
Stipulation
Status: in_force

The parties to a proceeding shall make every reasonable effort to stipulate all relevant and nonprivileged facts to the fullest extent to which a complete or qualified agreement can or fairly should be reached. Added by Act 2021, No. 586,§ 1, eff. 7/28/2021.

The parties to a proceeding shall make every reasonable effort to stipulate all relevant and nonprivileged facts to the fullest extent to which a complete or qualified agreement can or fairly should be reached.

Added by Act 2021, No. 586,§ 1, eff. 7/28/2021.
Ark. Code Ann. § 26-54-105 — AR Code / Title 26 / Chapter 54 / Section 26-54-105
Franchise tax reports
Status: in_force

(a) (1) The Secretary of State shall furnish notice to each corporation subject to this chapter by mailing or emailing the notice to the corporation's current agent for service or other person identified by the corporation. (2) When filing the franchise tax report, a corporation may state who is to receive a franchise tax form the following year if that person is different from the agent for service on file for the corporation at that time. (b) A corporation that fails to receive the notice under subdivision (a)(1) of this section by March 20 of the reporting year shall make written request for the notice to the Secretary of State on or before March 31. (c) (1) Each corporation subject to the requirements of this chapter shall file a franchise tax report with the Secretary of State that shows the condition and status of the corporation as of the close of business on the last day of the corporation's preceding calendar year and other information required by the Secretary of State. (2) (A) The franchise tax as computed on the report shall be remitted with the franchise tax report. (B) The franchise tax as computed on the report shall be remitted with the franchise tax report on or before May 1 of the reporting year for franchise tax due. (d) (1) Every corporation that dissolves shall be required to pay at the time of dissolution the franchise tax for the prior calendar year and pay at the time of dissolution the minimum franchise tax for the year in which dissolved or withdrawn. (2) Any newly formed corporation shall not be required to file a franchise tax report until the calendar year immediately following the calendar year of incorporation. (e) (1) When the par value of the shares of a corporation is required to be stated in any franchise tax report and the shares of the corporation are without par value, the number of shares shall be stated. (2) For the purpose of computing the franchise tax prescribed by this chapter, shares of no par value shall be considered to be of the par value of twenty-five dollars ($25.00) per share. (f) Each corporation which pays its tax computed by the full assessment of capital stock or property shall not be required to report the value of its real and personal property within or without this state. (g) (1) Every franchise tax report shall contain the following statement: "I declare, under the penalties of perjury, that the foregoing statements are true to the best of my knowledge and belief." (2) The statement shall be signed by the president, vice president, secretary, treasurer, or controller of the corporation or any other authorized person individual as determined by the Secretary of State. (h) (1) Only the following information contained in a franchise tax report shall be available for public inspection: (A) The name and address of the corporation; (B) The name of the corporation's president, vice president, secretary, treasurer, and controller; (C) The total authorized capital stock with par value; (D) The total issued and outstanding capital stock with par value; and (E) The state of incorporation. (2) In the case of a franchise tax report filed by an organization formed under the Uniform Limited Liability Company Act, § 4-38-101 et seq., the names of members, except those designated in the organizations' franchise tax report as a manager, president, vice president, secretary, treasurer, or controller of the organization, shall be confidential and not available for public inspection unless the organization has no registered agent for service of process. Amended by Act 2023, No. 459,§ 7, eff. 8/1/2023. Amended by Act 2023, No. 459,§ 6, eff. 8/1/2023. Amended by Act 2021, No. 1041,§ 36, eff. 7/28/2021. Amended by Act 2021, No. 1041,§ 35, eff. 7/28/2021. Amended by Act 2021, No. 523,§ 15, eff. 4/1/2021. Amended by Act 2019, No. 819,§ 20, eff. 5/1/2021. Amended by Act 2017, No. 458,§ 1, eff. for tax years beginning on or after 1/1/2017. Acts 1979, No. 889, § 4; A.S.A. 1947, § 84-1836; Acts 1987, No. 19, § 2; 1989, No. 502, § 1; 1991, No. 1046, § 1; 1991, No. 1140, § 1; 1995, No. 772, § 1; 1999, No. 1056, § 1; 1999, No. 1598, § 2; 2003 (2nd Ex. Sess.), No. 94, § 3; 2005, No. 883, § 1; 2007, No. 865, § 2.

(a) (1) The Secretary of State shall furnish notice to each corporation subject to this chapter by mailing or emailing the notice to the corporation's current agent for service or other person identified by the corporation. (2) When filing the franchise tax report, a corporation may state who is to receive a franchise tax form the following year if that person is different from the agent for service on file for the corporation at that time.

(1) The Secretary of State shall furnish notice to each corporation subject to this chapter by mailing or emailing the notice to the corporation's current agent for service or other person identified by the corporation.

(2) When filing the franchise tax report, a corporation may state who is to receive a franchise tax form the following year if that person is different from the agent for service on file for the corporation at that time.

(b) A corporation that fails to receive the notice under subdivision (a)(1) of this section by March 20 of the reporting year shall make written request for the notice to the Secretary of State on or before March 31.

(c) (1) Each corporation subject to the requirements of this chapter shall file a franchise tax report with the Secretary of State that shows the condition and status of the corporation as of the close of business on the last day of the corporation's preceding calendar year and other information required by the Secretary of State. (2) (A) The franchise tax as computed on the report shall be remitted with the franchise tax report. (B) The franchise tax as computed on the report shall be remitted with the franchise tax report on or before May 1 of the reporting year for franchise tax due.

(1) Each corporation subject to the requirements of this chapter shall file a franchise tax report with the Secretary of State that shows the condition and status of the corporation as of the close of business on the last day of the corporation's preceding calendar year and other information required by the Secretary of State.

(2) (A) The franchise tax as computed on the report shall be remitted with the franchise tax report. (B) The franchise tax as computed on the report shall be remitted with the franchise tax report on or before May 1 of the reporting year for franchise tax due.

(A) The franchise tax as computed on the report shall be remitted with the franchise tax report.

(B) The franchise tax as computed on the report shall be remitted with the franchise tax report on or before May 1 of the reporting year for franchise tax due.

(d) (1) Every corporation that dissolves shall be required to pay at the time of dissolution the franchise tax for the prior calendar year and pay at the time of dissolution the minimum franchise tax for the year in which dissolved or withdrawn. (2) Any newly formed corporation shall not be required to file a franchise tax report until the calendar year immediately following the calendar year of incorporation.

(1) Every corporation that dissolves shall be required to pay at the time of dissolution the franchise tax for the prior calendar year and pay at the time of dissolution the minimum franchise tax for the year in which dissolved or withdrawn.

(2) Any newly formed corporation shall not be required to file a franchise tax report until the calendar year immediately following the calendar year of incorporation.

(e) (1) When the par value of the shares of a corporation is required to be stated in any franchise tax report and the shares of the corporation are without par value, the number of shares shall be stated. (2) For the purpose of computing the franchise tax prescribed by this chapter, shares of no par value shall be considered to be of the par value of twenty-five dollars ($25.00) per share.

(1) When the par value of the shares of a corporation is required to be stated in any franchise tax report and the shares of the corporation are without par value, the number of shares shall be stated.

(2) For the purpose of computing the franchise tax prescribed by this chapter, shares of no par value shall be considered to be of the par value of twenty-five dollars ($25.00) per share.

(f) Each corporation which pays its tax computed by the full assessment of capital stock or property shall not be required to report the value of its real and personal property within or without this state.

(g) (1) Every franchise tax report shall contain the following statement: "I declare, under the penalties of perjury, that the foregoing statements are true to the best of my knowledge and belief." (2) The statement shall be signed by the president, vice president, secretary, treasurer, or controller of the corporation or any other authorized person individual as determined by the Secretary of State.

(1) Every franchise tax report shall contain the following statement: "I declare, under the penalties of perjury, that the foregoing statements are true to the best of my knowledge and belief."

"I declare, under the penalties of perjury, that the foregoing statements are true to the best of my knowledge and belief."

(2) The statement shall be signed by the president, vice president, secretary, treasurer, or controller of the corporation or any other authorized person individual as determined by the Secretary of State.

(h) (1) Only the following information contained in a franchise tax report shall be available for public inspection: (A) The name and address of the corporation; (B) The name of the corporation's president, vice president, secretary, treasurer, and controller; (C) The total authorized capital stock with par value; (D) The total issued and outstanding capital stock with par value; and (E) The state of incorporation. (2) In the case of a franchise tax report filed by an organization formed under the Uniform Limited Liability Company Act, § 4-38-101 et seq., the names of members, except those designated in the organizations' franchise tax report as a manager, president, vice president, secretary, treasurer, or controller of the organization, shall be confidential and not available for public inspection unless the organization has no registered agent for service of process.

(1) Only the following information contained in a franchise tax report shall be available for public inspection: (A) The name and address of the corporation; (B) The name of the corporation's president, vice president, secretary, treasurer, and controller; (C) The total authorized capital stock with par value; (D) The total issued and outstanding capital stock with par value; and (E) The state of incorporation.

(A) The name and address of the corporation;

(B) The name of the corporation's president, vice president, secretary, treasurer, and controller;

(C) The total authorized capital stock with par value;

(D) The total issued and outstanding capital stock with par value; and

(E) The state of incorporation.

(2) In the case of a franchise tax report filed by an organization formed under the Uniform Limited Liability Company Act, § 4-38-101 et seq., the names of members, except those designated in the organizations' franchise tax report as a manager, president, vice president, secretary, treasurer, or controller of the organization, shall be confidential and not available for public inspection unless the organization has no registered agent for service of process.

Amended by Act 2023, No. 459,§ 7, eff. 8/1/2023.

Amended by Act 2023, No. 459,§ 6, eff. 8/1/2023.

Amended by Act 2021, No. 1041,§ 36, eff. 7/28/2021.

Amended by Act 2021, No. 1041,§ 35, eff. 7/28/2021.

Amended by Act 2021, No. 523,§ 15, eff. 4/1/2021.

Amended by Act 2019, No. 819,§ 20, eff. 5/1/2021.

Amended by Act 2017, No. 458,§ 1, eff. for tax years beginning on or after 1/1/2017.

Acts 1979, No. 889, § 4; A.S.A. 1947, § 84-1836; Acts 1987, No. 19, § 2; 1989, No. 502, § 1; 1991, No. 1046, § 1; 1991, No. 1140, § 1; 1995, No. 772, § 1; 1999, No. 1056, § 1; 1999, No. 1598, § 2; 2003 (2nd Ex. Sess.), No. 94, § 3; 2005, No. 883, § 1; 2007, No. 865, § 2.
Ark. Code Ann. § 26-4-211 — AR Code / Title 26 / Chapter 4 / Subchapter 2 / Section 26-4-211
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1143,§ 1, eff. 8/16/2013.
Ark. Code Ann. § 26-1-101 — AR Code / Title 26 / Chapter 1 / Section 26-1-101
Definitions
Status: in_force

As used in this act, unless the context otherwise requires: (1) "Credits" means the excess of the sum of all legal claims and demands, whether for money or other valuable things, or for labor or service due or to become due, to the person liable to pay taxes thereon, including deposits in banks or with persons in or out of this state, when added together, estimating every claim or demand at its true value in money, over and above the sum of legal bona fide debts owing by the person. In making up the sum of the debts owing, there shall be taken into account no obligation to any mutual insurance company; nor any unpaid subscription to the capital stock of any joint-stock company; nor any subscription for any religious, scientific, literary, or charitable purpose; nor any acknowledgment of any indebtedness, unless founded on some consideration actually received and believed at the time of making, the acknowledgment to be a full consideration therefor; nor any acknowledgment of debt made for the purpose of diminishing the amount of credits to be listed for taxation; nor any greater amount or portion of any liability as surety than the person required to make the statement of the credits believes that the surety is in equity bound and will be compelled to pay or contribute; (2) "Investment in bonds" means all moneys invested in bonds of whatever kind or certificates of indebtedness commonly called scrip, whether issued by incorporated or unincorporated companies, towns, cities, townships, counties, states, or other corporations, held by persons residing in this state, either by themselves or by others for them, whether for themselves or as guardians, trustees, or agents; (3) "Investment in stocks" means all moneys invested in public stocks of this or any other state or in any association, corporation, joint-stock company, or otherwise, the stock or capital of which is or may be divided into shares, which are transferable by each owner without the consent of the other partners or stockholders, for the taxation of which no special provision is made by this title, held by persons residing in this state, either for themselves or as guardians, trustees, or agents, or by others for them; (4) (A) "Money" means gold and silver coin, bank notes of solvent banks in actual possession, and every deposit which the person owning, holding in trust, or having the beneficial interest therein is entitled to withdraw in money on demand, within this state or elsewhere, provided it is subject to order. (B) All citizens of this state shall, when they give to the county assessor a list of their personal property, moneys, and credits, state under oath whether they have any deposits or balances on accounts, or otherwise, and the amount of the deposits, balance, or otherwise on account; (5) "Oath" means an oath or affirmation; (6) "Pensions" receivable from the United States or from any state, salaries or payments excepted, shall not mean annuities; (7) "Person" means a firm, company, or corporation; (8) "Personal property" means: (A) Every tangible thing being the subject of ownership, whether animate or inanimate, other than money and not forming a part of any parcel of real property as defined; and (B) The capital stock, undivided profits, and all other means not forming part of the capital stock of every company, whether incorporated or unincorporated, and every share, portion, or interest in the stock, profits, or means, by whatsoever name it may be designated, inclusive of every share or portion, right, or interest, either legal or equitable, in and to every ship, vessel, or boat of whatsoever name and description used or designed to be used exclusively or partially in navigating any of the waters within or bordering on this state, whether the ship, vessel, or boat shall be within the jurisdiction of this state or elsewhere and whether it shall have been enrolled, registered, or licensed at any county collector's office or within any county collector's district of this state, or not; (9) "Real property and lands" means not only the land itself, whether laid out in town lots or otherwise, with all things therein contained, but also all buildings, structures, improvements, and other fixtures of whatever kind thereon and all rights and privileges belonging or in anywise appertaining thereto; and (10) "Town" or "city" means all cities or towns, incorporated or not incorporated, and all blocks or lots or parts thereof, assessed for taxation as such, whether they are situated in an incorporated city or town, or not. Acts 1883, No. 114, §§ 1, 75, p. 199; C. & M. Dig., §§ 9792, 9939; Pope's Dig., §§ 13358, 13723; A.S.A. 1947, §§ 84-101, 84-102.

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

(1) "Credits" means the excess of the sum of all legal claims and demands, whether for money or other valuable things, or for labor or service due or to become due, to the person liable to pay taxes thereon, including deposits in banks or with persons in or out of this state, when added together, estimating every claim or demand at its true value in money, over and above the sum of legal bona fide debts owing by the person. In making up the sum of the debts owing, there shall be taken into account no obligation to any mutual insurance company; nor any unpaid subscription to the capital stock of any joint-stock company; nor any subscription for any religious, scientific, literary, or charitable purpose; nor any acknowledgment of any indebtedness, unless founded on some consideration actually received and believed at the time of making, the acknowledgment to be a full consideration therefor; nor any acknowledgment of debt made for the purpose of diminishing the amount of credits to be listed for taxation; nor any greater amount or portion of any liability as surety than the person required to make the statement of the credits believes that the surety is in equity bound and will be compelled to pay or contribute;

(2) "Investment in bonds" means all moneys invested in bonds of whatever kind or certificates of indebtedness commonly called scrip, whether issued by incorporated or unincorporated companies, towns, cities, townships, counties, states, or other corporations, held by persons residing in this state, either by themselves or by others for them, whether for themselves or as guardians, trustees, or agents;

(3) "Investment in stocks" means all moneys invested in public stocks of this or any other state or in any association, corporation, joint-stock company, or otherwise, the stock or capital of which is or may be divided into shares, which are transferable by each owner without the consent of the other partners or stockholders, for the taxation of which no special provision is made by this title, held by persons residing in this state, either for themselves or as guardians, trustees, or agents, or by others for them;

(4) (A) "Money" means gold and silver coin, bank notes of solvent banks in actual possession, and every deposit which the person owning, holding in trust, or having the beneficial interest therein is entitled to withdraw in money on demand, within this state or elsewhere, provided it is subject to order. (B) All citizens of this state shall, when they give to the county assessor a list of their personal property, moneys, and credits, state under oath whether they have any deposits or balances on accounts, or otherwise, and the amount of the deposits, balance, or otherwise on account;

(A) "Money" means gold and silver coin, bank notes of solvent banks in actual possession, and every deposit which the person owning, holding in trust, or having the beneficial interest therein is entitled to withdraw in money on demand, within this state or elsewhere, provided it is subject to order.

(B) All citizens of this state shall, when they give to the county assessor a list of their personal property, moneys, and credits, state under oath whether they have any deposits or balances on accounts, or otherwise, and the amount of the deposits, balance, or otherwise on account;

(5) "Oath" means an oath or affirmation;

(6) "Pensions" receivable from the United States or from any state, salaries or payments excepted, shall not mean annuities;

(7) "Person" means a firm, company, or corporation;

(8) "Personal property" means: (A) Every tangible thing being the subject of ownership, whether animate or inanimate, other than money and not forming a part of any parcel of real property as defined; and (B) The capital stock, undivided profits, and all other means not forming part of the capital stock of every company, whether incorporated or unincorporated, and every share, portion, or interest in the stock, profits, or means, by whatsoever name it may be designated, inclusive of every share or portion, right, or interest, either legal or equitable, in and to every ship, vessel, or boat of whatsoever name and description used or designed to be used exclusively or partially in navigating any of the waters within or bordering on this state, whether the ship, vessel, or boat shall be within the jurisdiction of this state or elsewhere and whether it shall have been enrolled, registered, or licensed at any county collector's office or within any county collector's district of this state, or not;

(A) Every tangible thing being the subject of ownership, whether animate or inanimate, other than money and not forming a part of any parcel of real property as defined; and

(B) The capital stock, undivided profits, and all other means not forming part of the capital stock of every company, whether incorporated or unincorporated, and every share, portion, or interest in the stock, profits, or means, by whatsoever name it may be designated, inclusive of every share or portion, right, or interest, either legal or equitable, in and to every ship, vessel, or boat of whatsoever name and description used or designed to be used exclusively or partially in navigating any of the waters within or bordering on this state, whether the ship, vessel, or boat shall be within the jurisdiction of this state or elsewhere and whether it shall have been enrolled, registered, or licensed at any county collector's office or within any county collector's district of this state, or not;

(9) "Real property and lands" means not only the land itself, whether laid out in town lots or otherwise, with all things therein contained, but also all buildings, structures, improvements, and other fixtures of whatever kind thereon and all rights and privileges belonging or in anywise appertaining thereto; and

(10) "Town" or "city" means all cities or towns, incorporated or not incorporated, and all blocks or lots or parts thereof, assessed for taxation as such, whether they are situated in an incorporated city or town, or not.

Acts 1883, No. 114, §§ 1, 75, p. 199; C. & M. Dig., §§ 9792, 9939; Pope's Dig., §§ 13358, 13723; A.S.A. 1947, §§ 84-101, 84-102.
Ark. Code Ann. § 26-55-203 — AR Code / Title 26 / Chapter 55 / Subchapter 2 / Section 26-55-203
Effect of reference to subchapter
Status: in_force

(a) Whenever in this subchapter reference is made to a section of this subchapter, the reference shall extend to and include any amendment of or supplement to the section so referred to or any section hereafter enacted in lieu thereof. (b) Unless otherwise provided, whenever a reference to this subchapter or to any section is made in any amendment or supplement to this subchapter or to any section hereafter enacted, such reference shall be deemed to refer to this subchapter or such section as the same shall then stand or as thereafter amended. Acts 1941, No. 383, § 1; A.S.A. 1947, § 75-1101.

(a) Whenever in this subchapter reference is made to a section of this subchapter, the reference shall extend to and include any amendment of or supplement to the section so referred to or any section hereafter enacted in lieu thereof.

(b) Unless otherwise provided, whenever a reference to this subchapter or to any section is made in any amendment or supplement to this subchapter or to any section hereafter enacted, such reference shall be deemed to refer to this subchapter or such section as the same shall then stand or as thereafter amended.

Acts 1941, No. 383, § 1; A.S.A. 1947, § 75-1101.
Ark. Code Ann. § 26-74-407 — AR Code / Title 26 / Chapter 74 / Subchapter 4 / Section 26-74-407
Applicability of tax
Status: in_force

A county sales tax levied pursuant to the authority granted in this subchapter or in § 26-74-301 et seq. shall be applicable to sales of items and services sold by a business and shall be administered under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., and the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq. Acts 1991, No. 885, § 1; 2003, No. 1273, § 45.

A county sales tax levied pursuant to the authority granted in this subchapter or in § 26-74-301 et seq. shall be applicable to sales of items and services sold by a business and shall be administered under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., and the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.

Acts 1991, No. 885, § 1; 2003, No. 1273, § 45.
Ark. Code Ann. § 26-52-427 — AR Code / Title 26 / Chapter 52 / Subchapter 4 / Section 26-52-427
Property purchased for use in performance of construction contract - Definition
Status: in_force

(a) A contractor that purchases tangible personal property which becomes a recognizable part of a completed structure or improvement to real property and which is purchased for use or consumption in the performance of construction contracts shall be entitled to a rebate on any additional gross receipts tax or compensating use tax levied by the state or any city or county if: (1) The construction contract for which the tangible personal property was purchased is entered into prior to the effective date of the levy of the additional state, city, or county gross receipts tax or compensating use tax; and (2) The contractor paid the additional gross receipts or compensating use tax to the seller. (b) As used in this section, "construction contract" means a contract to construct, manage, or supervise the construction, erection, or substantial modification of a building or other improvement or structure affixed to real property. "Construction contract" shall not mean a contract to produce tangible personal property. (c) The rebate provided by this section shall apply to tangible personal property purchased within five (5) years from the effective date of the levy of the additional state, city, or county gross receipts tax or compensating use tax. (d) The rebate provided by this section shall not apply to cost-plus contracts which allow the contractor to pass any additional tax on to the principal as a part of the contractor's costs. (e) Interest shall not accrue or be paid on an amount subject to a claim for rebate pursuant to this section. (f) The Secretary of the Department of Finance and Administration shall promulgate rules and prescribe forms for claiming a rebate as provided by this section. Amended by Act 2019, No. 910,§ 3853, eff. 7/1/2019. Acts 1995, No. 387, §§ 1-3; 2007, No. 181, § 22.

(a) A contractor that purchases tangible personal property which becomes a recognizable part of a completed structure or improvement to real property and which is purchased for use or consumption in the performance of construction contracts shall be entitled to a rebate on any additional gross receipts tax or compensating use tax levied by the state or any city or county if: (1) The construction contract for which the tangible personal property was purchased is entered into prior to the effective date of the levy of the additional state, city, or county gross receipts tax or compensating use tax; and (2) The contractor paid the additional gross receipts or compensating use tax to the seller.

(1) The construction contract for which the tangible personal property was purchased is entered into prior to the effective date of the levy of the additional state, city, or county gross receipts tax or compensating use tax; and

(2) The contractor paid the additional gross receipts or compensating use tax to the seller.

(b) As used in this section, "construction contract" means a contract to construct, manage, or supervise the construction, erection, or substantial modification of a building or other improvement or structure affixed to real property. "Construction contract" shall not mean a contract to produce tangible personal property.

(c) The rebate provided by this section shall apply to tangible personal property purchased within five (5) years from the effective date of the levy of the additional state, city, or county gross receipts tax or compensating use tax.

(d) The rebate provided by this section shall not apply to cost-plus contracts which allow the contractor to pass any additional tax on to the principal as a part of the contractor's costs.

(e) Interest shall not accrue or be paid on an amount subject to a claim for rebate pursuant to this section.

(f) The Secretary of the Department of Finance and Administration shall promulgate rules and prescribe forms for claiming a rebate as provided by this section.

Amended by Act 2019, No. 910,§ 3853, eff. 7/1/2019.

Acts 1995, No. 387, §§ 1-3; 2007, No. 181, § 22.
Ark. Code Ann. § 26-51-2001 — AR Code / Title 26 / Chapter 51 / Subchapter 20 / Section 26-51-2001
Title
Status: in_force

This subchapter may be known and cited as the "Manufacturer's Investment Tax Credit Act". Acts 2001, No. 1661, § 1.

This subchapter may be known and cited as the "Manufacturer's Investment Tax Credit Act".

Acts 2001, No. 1661, § 1.
Ark. Code Ann. § 26-82-104 — AR Code / Title 26 / Chapter 82 / Section 26-82-104
Election
Status: in_force

(a) (1) Within thirty (30) days following the adoption of an ordinance levying a local sales and use tax under this chapter, the levying entity by ordinance shall provide for the calling of a special election on the question of whether to levy the local sales and use tax under §§ 7-11-201 - 7-11-205 . (2) The date for the special election may be the same as the date for the next regular municipal election or county election. (3) The governing body of the levying entity shall: (A) Notify the county board of election commissioners that the question has been referred to the vote of the people; and (B) Submit a copy of the ballot title to the county board of election commissioners. (4) The election shall be conducted in the manner provided by law for all other municipal and county elections unless otherwise provided in this chapter. (b) (1) Except as otherwise provided in this subsection, the ballot title to be used at the election shall be in substantially the following form: "[ ] FOR adoption of a ............... percent (...............%) local sales and use tax within ............... (name of local entity) for economic development projects not to exceed $............... (maximum amount of revenue to be generated) to be terminated on the first day of the calendar quarter following the expiration of ninety (90) days after ............... (name of local entity) certifies it has received $............... (maximum amount of revenue to be generated)." "[ ] AGAINST adoption of a ............... percent (...............%) local sales and use tax within ............... (name of local entity) for economic development projects not to exceed $............... (maximum amount of revenue to be generated) to be terminated on the first day of the calendar quarter following the expiration of ninety (90) days after ............... (name of local entity) certifies it has received $............... (maximum amount of revenue to be generated)." (2) (A) The ordinance levying the local sales and use tax may contain an expiration date. (B) If the ordinance contains an expiration date under subdivision (b)(2)(A) of this section, the ballot title shall include the expiration date for the levy of the tax. (C) If the ordinance is adopted in the form described in this subsection, the local sales and use tax shall cease to be levied on the date stated on the ballot. (D) The expiration date shall be the last day of a calendar quarter. (E) An expiration date included under this subsection does not extend the effective period of the local sales and use tax beyond the expiration date provided under § 26-82-103 . (3) (A) (i) Except as provided in § 26-82-103 , the governing body of the levying entity may refer to the voters a change in the expiration date for the local sales and use tax approved by the voters to extend the levy of the local sales and use tax beyond the expiration date previously approved. (ii) The proposed expiration date shall be the last day of a calendar quarter. (B) If the governing body of the levying entity refers to the voters a change in the expiration date for an existing local sales and use tax levied under this chapter, the governing body shall: (i) Notify the county board of election commissioners that the measure has been referred to the voters; and (ii) Submit a copy of the ballot title to the county board of election commissioners. (C) (i) An election to change the expiration date for a local sales and use tax levied under this chapter shall be conducted in the manner provided by law for all other municipal and county elections. (ii) The results of the election under this subsection shall be certified, proclaimed, and subject to challenge under § 26-82-105 . (D) (i) To extend the local sales and use tax levied under this chapter to a new expiration date, the levying entity shall notify the Secretary of the Department of Finance and Administration of the new expiration date approved by the voters: (a) After publication of the proclamation has occurred; and (b) At least ninety (90) days before the current expiration date of the local sales and use tax. (ii) The local sales and use tax extended under this subdivision (b)(3) shall continue to be levied until the new expiration date. (E) (i) If the voters do not approve a change in the expiration date for the local sales and use tax levied under this chapter, the local sales and use tax shall continue to be collected until the expiration date previously approved by the voters. (ii) However, the expiration date shall not be extended beyond the expiration date provided under § 26-82-103 . (F) An election to change the expiration date for a local sales and use tax levied under this chapter is not an election on the levy of the sales and use tax. Amended by Act 2019, No. 910,§ 4469, eff. 7/1/2019. Acts 2011, No. 828, § 1.

(a) (1) Within thirty (30) days following the adoption of an ordinance levying a local sales and use tax under this chapter, the levying entity by ordinance shall provide for the calling of a special election on the question of whether to levy the local sales and use tax under §§ 7-11-201 - 7-11-205 . (2) The date for the special election may be the same as the date for the next regular municipal election or county election. (3) The governing body of the levying entity shall: (A) Notify the county board of election commissioners that the question has been referred to the vote of the people; and (B) Submit a copy of the ballot title to the county board of election commissioners. (4) The election shall be conducted in the manner provided by law for all other municipal and county elections unless otherwise provided in this chapter.

(1) Within thirty (30) days following the adoption of an ordinance levying a local sales and use tax under this chapter, the levying entity by ordinance shall provide for the calling of a special election on the question of whether to levy the local sales and use tax under §§ 7-11-201 - 7-11-205 .

(2) The date for the special election may be the same as the date for the next regular municipal election or county election.

(3) The governing body of the levying entity shall: (A) Notify the county board of election commissioners that the question has been referred to the vote of the people; and (B) Submit a copy of the ballot title to the county board of election commissioners.

(A) Notify the county board of election commissioners that the question has been referred to the vote of the people; and

(B) Submit a copy of the ballot title to the county board of election commissioners.

(4) The election shall be conducted in the manner provided by law for all other municipal and county elections unless otherwise provided in this chapter.

(b) (1) Except as otherwise provided in this subsection, the ballot title to be used at the election shall be in substantially the following form: "[ ] FOR adoption of a ............... percent (...............%) local sales and use tax within ............... (name of local entity) for economic development projects not to exceed $............... (maximum amount of revenue to be generated) to be terminated on the first day of the calendar quarter following the expiration of ninety (90) days after ............... (name of local entity) certifies it has received $............... (maximum amount of revenue to be generated)." "[ ] AGAINST adoption of a ............... percent (...............%) local sales and use tax within ............... (name of local entity) for economic development projects not to exceed $............... (maximum amount of revenue to be generated) to be terminated on the first day of the calendar quarter following the expiration of ninety (90) days after ............... (name of local entity) certifies it has received $............... (maximum amount of revenue to be generated)." (2) (A) The ordinance levying the local sales and use tax may contain an expiration date. (B) If the ordinance contains an expiration date under subdivision (b)(2)(A) of this section, the ballot title shall include the expiration date for the levy of the tax. (C) If the ordinance is adopted in the form described in this subsection, the local sales and use tax shall cease to be levied on the date stated on the ballot. (D) The expiration date shall be the last day of a calendar quarter. (E) An expiration date included under this subsection does not extend the effective period of the local sales and use tax beyond the expiration date provided under § 26-82-103 . (3) (A) (i) Except as provided in § 26-82-103 , the governing body of the levying entity may refer to the voters a change in the expiration date for the local sales and use tax approved by the voters to extend the levy of the local sales and use tax beyond the expiration date previously approved. (ii) The proposed expiration date shall be the last day of a calendar quarter. (B) If the governing body of the levying entity refers to the voters a change in the expiration date for an existing local sales and use tax levied under this chapter, the governing body shall: (i) Notify the county board of election commissioners that the measure has been referred to the voters; and (ii) Submit a copy of the ballot title to the county board of election commissioners. (C) (i) An election to change the expiration date for a local sales and use tax levied under this chapter shall be conducted in the manner provided by law for all other municipal and county elections. (ii) The results of the election under this subsection shall be certified, proclaimed, and subject to challenge under § 26-82-105 . (D) (i) To extend the local sales and use tax levied under this chapter to a new expiration date, the levying entity shall notify the Secretary of the Department of Finance and Administration of the new expiration date approved by the voters: (a) After publication of the proclamation has occurred; and (b) At least ninety (90) days before the current expiration date of the local sales and use tax. (ii) The local sales and use tax extended under this subdivision (b)(3) shall continue to be levied until the new expiration date. (E) (i) If the voters do not approve a change in the expiration date for the local sales and use tax levied under this chapter, the local sales and use tax shall continue to be collected until the expiration date previously approved by the voters. (ii) However, the expiration date shall not be extended beyond the expiration date provided under § 26-82-103 . (F) An election to change the expiration date for a local sales and use tax levied under this chapter is not an election on the levy of the sales and use tax.

(1) Except as otherwise provided in this subsection, the ballot title to be used at the election shall be in substantially the following form: "[ ] FOR adoption of a ............... percent (...............%) local sales and use tax within ............... (name of local entity) for economic development projects not to exceed $............... (maximum amount of revenue to be generated) to be terminated on the first day of the calendar quarter following the expiration of ninety (90) days after ............... (name of local entity) certifies it has received $............... (maximum amount of revenue to be generated)." "[ ] AGAINST adoption of a ............... percent (...............%) local sales and use tax within ............... (name of local entity) for economic development projects not to exceed $............... (maximum amount of revenue to be generated) to be terminated on the first day of the calendar quarter following the expiration of ninety (90) days after ............... (name of local entity) certifies it has received $............... (maximum amount of revenue to be generated)."

"[ ] FOR adoption of a ............... percent (...............%) local sales and use tax within ............... (name of local entity) for economic development projects not to exceed $............... (maximum amount of revenue to be generated) to be terminated on the first day of the calendar quarter following the expiration of ninety (90) days after ............... (name of local entity) certifies it has received $............... (maximum amount of revenue to be generated)."

"[ ] AGAINST adoption of a ............... percent (...............%) local sales and use tax within ............... (name of local entity) for economic development projects not to exceed $............... (maximum amount of revenue to be generated) to be terminated on the first day of the calendar quarter following the expiration of ninety (90) days after ............... (name of local entity) certifies it has received $............... (maximum amount of revenue to be generated)."

(2) (A) The ordinance levying the local sales and use tax may contain an expiration date. (B) If the ordinance contains an expiration date under subdivision (b)(2)(A) of this section, the ballot title shall include the expiration date for the levy of the tax. (C) If the ordinance is adopted in the form described in this subsection, the local sales and use tax shall cease to be levied on the date stated on the ballot. (D) The expiration date shall be the last day of a calendar quarter. (E) An expiration date included under this subsection does not extend the effective period of the local sales and use tax beyond the expiration date provided under § 26-82-103 .

(A) The ordinance levying the local sales and use tax may contain an expiration date.

(B) If the ordinance contains an expiration date under subdivision (b)(2)(A) of this section, the ballot title shall include the expiration date for the levy of the tax.

(C) If the ordinance is adopted in the form described in this subsection, the local sales and use tax shall cease to be levied on the date stated on the ballot.

(D) The expiration date shall be the last day of a calendar quarter.

(E) An expiration date included under this subsection does not extend the effective period of the local sales and use tax beyond the expiration date provided under § 26-82-103 .

(3) (A) (i) Except as provided in § 26-82-103 , the governing body of the levying entity may refer to the voters a change in the expiration date for the local sales and use tax approved by the voters to extend the levy of the local sales and use tax beyond the expiration date previously approved. (ii) The proposed expiration date shall be the last day of a calendar quarter. (B) If the governing body of the levying entity refers to the voters a change in the expiration date for an existing local sales and use tax levied under this chapter, the governing body shall: (i) Notify the county board of election commissioners that the measure has been referred to the voters; and (ii) Submit a copy of the ballot title to the county board of election commissioners. (C) (i) An election to change the expiration date for a local sales and use tax levied under this chapter shall be conducted in the manner provided by law for all other municipal and county elections. (ii) The results of the election under this subsection shall be certified, proclaimed, and subject to challenge under § 26-82-105 . (D) (i) To extend the local sales and use tax levied under this chapter to a new expiration date, the levying entity shall notify the Secretary of the Department of Finance and Administration of the new expiration date approved by the voters: (a) After publication of the proclamation has occurred; and (b) At least ninety (90) days before the current expiration date of the local sales and use tax. (ii) The local sales and use tax extended under this subdivision (b)(3) shall continue to be levied until the new expiration date. (E) (i) If the voters do not approve a change in the expiration date for the local sales and use tax levied under this chapter, the local sales and use tax shall continue to be collected until the expiration date previously approved by the voters. (ii) However, the expiration date shall not be extended beyond the expiration date provided under § 26-82-103 . (F) An election to change the expiration date for a local sales and use tax levied under this chapter is not an election on the levy of the sales and use tax.

(A) (i) Except as provided in § 26-82-103 , the governing body of the levying entity may refer to the voters a change in the expiration date for the local sales and use tax approved by the voters to extend the levy of the local sales and use tax beyond the expiration date previously approved. (ii) The proposed expiration date shall be the last day of a calendar quarter.

(i) Except as provided in § 26-82-103 , the governing body of the levying entity may refer to the voters a change in the expiration date for the local sales and use tax approved by the voters to extend the levy of the local sales and use tax beyond the expiration date previously approved.

(ii) The proposed expiration date shall be the last day of a calendar quarter.

(B) If the governing body of the levying entity refers to the voters a change in the expiration date for an existing local sales and use tax levied under this chapter, the governing body shall: (i) Notify the county board of election commissioners that the measure has been referred to the voters; and (ii) Submit a copy of the ballot title to the county board of election commissioners.

(i) Notify the county board of election commissioners that the measure has been referred to the voters; and

(ii) Submit a copy of the ballot title to the county board of election commissioners.

(C) (i) An election to change the expiration date for a local sales and use tax levied under this chapter shall be conducted in the manner provided by law for all other municipal and county elections. (ii) The results of the election under this subsection shall be certified, proclaimed, and subject to challenge under § 26-82-105 .

(i) An election to change the expiration date for a local sales and use tax levied under this chapter shall be conducted in the manner provided by law for all other municipal and county elections.

(ii) The results of the election under this subsection shall be certified, proclaimed, and subject to challenge under § 26-82-105 .

(D) (i) To extend the local sales and use tax levied under this chapter to a new expiration date, the levying entity shall notify the Secretary of the Department of Finance and Administration of the new expiration date approved by the voters: (a) After publication of the proclamation has occurred; and (b) At least ninety (90) days before the current expiration date of the local sales and use tax. (ii) The local sales and use tax extended under this subdivision (b)(3) shall continue to be levied until the new expiration date.

(i) To extend the local sales and use tax levied under this chapter to a new expiration date, the levying entity shall notify the Secretary of the Department of Finance and Administration of the new expiration date approved by the voters: (a) After publication of the proclamation has occurred; and (b) At least ninety (90) days before the current expiration date of the local sales and use tax.

(a) After publication of the proclamation has occurred; and

(b) At least ninety (90) days before the current expiration date of the local sales and use tax.

(ii) The local sales and use tax extended under this subdivision (b)(3) shall continue to be levied until the new expiration date.

(E) (i) If the voters do not approve a change in the expiration date for the local sales and use tax levied under this chapter, the local sales and use tax shall continue to be collected until the expiration date previously approved by the voters. (ii) However, the expiration date shall not be extended beyond the expiration date provided under § 26-82-103 .

(i) If the voters do not approve a change in the expiration date for the local sales and use tax levied under this chapter, the local sales and use tax shall continue to be collected until the expiration date previously approved by the voters.

(ii) However, the expiration date shall not be extended beyond the expiration date provided under § 26-82-103 .

(F) An election to change the expiration date for a local sales and use tax levied under this chapter is not an election on the levy of the sales and use tax.

Amended by Act 2019, No. 910,§ 4469, eff. 7/1/2019.

Acts 2011, No. 828, § 1.
Ark. Code Ann. § 26-26-1111 — AR Code / Title 26 / Chapter 26 / Subchapter 11 / Section 26-26-1111
Mineral and surface estates owned by same person
Status: in_force

When the mineral estate and the surface estate in land shall become vested in the same person, after a prior severance by deed or otherwise, the two (2) estates shall merge and be considered as a single interest or estate and shall be assessed and carried on the assessment books in the same manner as provided by law for interests or estates in land where the mineral interest has never been severed from the surface estate. Acts 1957, No. 366, § 1; A.S.A. 1947, § 84-203.1.

When the mineral estate and the surface estate in land shall become vested in the same person, after a prior severance by deed or otherwise, the two (2) estates shall merge and be considered as a single interest or estate and shall be assessed and carried on the assessment books in the same manner as provided by law for interests or estates in land where the mineral interest has never been severed from the surface estate.

Acts 1957, No. 366, § 1; A.S.A. 1947, § 84-203.1.
Ark. Code Ann. § 26-51-508 — AR Code / Title 26 / Chapter 51 / Subchapter 5 / Section 26-51-508
Employer-provided child care - As qualified under section 26-52-516 or section 26-53-132 - Definition
Status: in_force

(a) A business which qualifies for the refund of the gross receipts tax or compensating use tax under § 26-52-516 or § 26-53-132 shall be allowed an income tax credit of three and nine-tenths percent (3.9%) of the annual salary of its employees employed exclusively in providing childcare service, or a five-thousand-dollar income tax credit for the first tax year the business provides its employees with a childcare facility. (b) If two (2) or more businesses participate in a childcare program for their employees as provided by § 26-52-516 or § 26-53-132 , then each business will be allowed an income tax credit of three and nine-tenths percent (3.9%) of the annual salary of only those employees who are on the respective business' payroll and are employed exclusively for providing childcare services. The first year's five-thousand-dollar credit will be prorated among the businesses based upon the percentage of the cost paid by each business for the initial construction and equipping of the childcare facility. (c) (1) (A) To qualify for the income tax credit, the revenue to the business or businesses from the childcare facility cannot exceed the direct operating costs of the facility. (B) If, on an annual basis, the business receives revenues from the operation of the childcare facility which exceed the direct operating costs of the facility, the businesses will not be entitled to the income tax credit. (2) As used in this subsection, "direct operating costs" means: (A) The cost of food and beverages provided to the children; (B) The cost of labor for personnel whose services are performed exclusively on the premises of the childcare facility for the care of the children and all related employment taxes paid by the employer; and (C) All materials and supplies necessary to operate the childcare facility. (d) The income tax credit created by subsection (a) of this section shall first be available in the taxable year following the year the business makes payment of wages to childcare workers. To the extent that the credit is not fully utilized in this first year, it may be carried forward for an additional two (2) years. Any credit remaining thereafter shall expire. Acts 1995, No. 850, § 5.

(a) A business which qualifies for the refund of the gross receipts tax or compensating use tax under § 26-52-516 or § 26-53-132 shall be allowed an income tax credit of three and nine-tenths percent (3.9%) of the annual salary of its employees employed exclusively in providing childcare service, or a five-thousand-dollar income tax credit for the first tax year the business provides its employees with a childcare facility.

(b) If two (2) or more businesses participate in a childcare program for their employees as provided by § 26-52-516 or § 26-53-132 , then each business will be allowed an income tax credit of three and nine-tenths percent (3.9%) of the annual salary of only those employees who are on the respective business' payroll and are employed exclusively for providing childcare services. The first year's five-thousand-dollar credit will be prorated among the businesses based upon the percentage of the cost paid by each business for the initial construction and equipping of the childcare facility.

(c) (1) (A) To qualify for the income tax credit, the revenue to the business or businesses from the childcare facility cannot exceed the direct operating costs of the facility. (B) If, on an annual basis, the business receives revenues from the operation of the childcare facility which exceed the direct operating costs of the facility, the businesses will not be entitled to the income tax credit. (2) As used in this subsection, "direct operating costs" means: (A) The cost of food and beverages provided to the children; (B) The cost of labor for personnel whose services are performed exclusively on the premises of the childcare facility for the care of the children and all related employment taxes paid by the employer; and (C) All materials and supplies necessary to operate the childcare facility.

(1) (A) To qualify for the income tax credit, the revenue to the business or businesses from the childcare facility cannot exceed the direct operating costs of the facility. (B) If, on an annual basis, the business receives revenues from the operation of the childcare facility which exceed the direct operating costs of the facility, the businesses will not be entitled to the income tax credit.

(A) To qualify for the income tax credit, the revenue to the business or businesses from the childcare facility cannot exceed the direct operating costs of the facility.

(B) If, on an annual basis, the business receives revenues from the operation of the childcare facility which exceed the direct operating costs of the facility, the businesses will not be entitled to the income tax credit.

(2) As used in this subsection, "direct operating costs" means: (A) The cost of food and beverages provided to the children; (B) The cost of labor for personnel whose services are performed exclusively on the premises of the childcare facility for the care of the children and all related employment taxes paid by the employer; and (C) All materials and supplies necessary to operate the childcare facility.

(A) The cost of food and beverages provided to the children;

(B) The cost of labor for personnel whose services are performed exclusively on the premises of the childcare facility for the care of the children and all related employment taxes paid by the employer; and

(C) All materials and supplies necessary to operate the childcare facility.

(d) The income tax credit created by subsection (a) of this section shall first be available in the taxable year following the year the business makes payment of wages to childcare workers. To the extent that the credit is not fully utilized in this first year, it may be carried forward for an additional two (2) years. Any credit remaining thereafter shall expire.

Acts 1995, No. 850, § 5.
Ark. Code Ann. § 26-26-704 — AR Code / Title 26 / Chapter 26 / Subchapter 7 / Section 26-26-704
Land book and list
Status: in_force

(a) To facilitate the assessment and collection of taxes, the county court of each county shall procure and keep a land book or books of maps of all the townships or fractional townships in the county. The book shall be well-bound and shall be deposited in the office of the county clerk. (b) The court shall also procure a list of the lands owned by the United States and by this state in their respective counties. Acts 1883, No. 114, § 85, p. 199; C. & M. Dig., § 9885; Pope's Dig., § 13651; A.S.A. 1947, § 84-404.

(a) To facilitate the assessment and collection of taxes, the county court of each county shall procure and keep a land book or books of maps of all the townships or fractional townships in the county. The book shall be well-bound and shall be deposited in the office of the county clerk.

(b) The court shall also procure a list of the lands owned by the United States and by this state in their respective counties.

Acts 1883, No. 114, § 85, p. 199; C. & M. Dig., § 9885; Pope's Dig., § 13651; A.S.A. 1947, § 84-404.
Ark. Code Ann. § 26-17-502 — AR Code / Title 26 / Chapter 17 / Subchapter 5 / Section 26-17-502
Duty to remit revenues
Status: in_force

The Secretary of the Department of Finance and Administration shall turn over to the Treasurer of State all revenues that may come into his or her possession or into the possession of any of his or her deputies, promptly on the day the funds reach his or her office unless received after the office of the Treasurer of State shall have closed for the day, in which event the funds shall be turned over to the Treasurer of State on the first day the Treasurer of State's office is open after the funds are received at the office of the secretary. Amended by Act 2019, No. 910,§ 3603, eff. 7/1/2019. Acts 1925, No. 88, § 16; 1927, No. 115, § 15; Pope's Dig., §§ 7629, 13343; A.S.A. 1947, § 84-1715.

The Secretary of the Department of Finance and Administration shall turn over to the Treasurer of State all revenues that may come into his or her possession or into the possession of any of his or her deputies, promptly on the day the funds reach his or her office unless received after the office of the Treasurer of State shall have closed for the day, in which event the funds shall be turned over to the Treasurer of State on the first day the Treasurer of State's office is open after the funds are received at the office of the secretary.

Amended by Act 2019, No. 910,§ 3603, eff. 7/1/2019.

Acts 1925, No. 88, § 16; 1927, No. 115, § 15; Pope's Dig., §§ 7629, 13343; A.S.A. 1947, § 84-1715.
Ark. Code Ann. § 26-36-301 — AR Code / Title 26 / Chapter 36 / Subchapter 3 / Section 26-36-301
Purposes
Status: in_force

(a) The purpose of this subchapter is to establish as policy that all claimant agencies and the Revenue Division of the Department of Finance and Administration shall cooperate in identifying debtors who: (1) Qualify for refunds from the division; and (2) Owe money to the state, to an Arkansas county, city, or town, or to a housing authority created under § 14-169-101 et seq., through its various claimant agencies. (b) It is also the intent of this subchapter that procedures be established for setting off against any such refund the sum of any debt owed to the state, to an Arkansas county, city, or town, or to a housing authority created under § 14-169-101 et seq. Acts 1983, No. 372, § 1; A.S.A. 1947, § 84-4901; Acts 2003, No. 1023, § 1; 2003, No. 1800, § 1.

(a) The purpose of this subchapter is to establish as policy that all claimant agencies and the Revenue Division of the Department of Finance and Administration shall cooperate in identifying debtors who: (1) Qualify for refunds from the division; and (2) Owe money to the state, to an Arkansas county, city, or town, or to a housing authority created under § 14-169-101 et seq., through its various claimant agencies.

(1) Qualify for refunds from the division; and

(2) Owe money to the state, to an Arkansas county, city, or town, or to a housing authority created under § 14-169-101 et seq., through its various claimant agencies.

(b) It is also the intent of this subchapter that procedures be established for setting off against any such refund the sum of any debt owed to the state, to an Arkansas county, city, or town, or to a housing authority created under § 14-169-101 et seq.

Acts 1983, No. 372, § 1; A.S.A. 1947, § 84-4901; Acts 2003, No. 1023, § 1; 2003, No. 1800, § 1.
Ark. Code Ann. § 26-52-102 — AR Code / Title 26 / Chapter 52 / Subchapter 1 / Section 26-52-102
Purposes of chapter
Status: in_force

The purposes of this chapter are to provide: (1) Relief of the common schools; (2) Funds to buy free textbooks for the first eight (8) grades thereof; (3) Funds for state charitable institutions; (4) Funds for circulating library service in connection with the public schools and funds to take the place of homestead exemptions; (5) For the wards of the state who will receive support through the Department of Human Services; and (6) For worthy causes. Acts 1941, No. 386, § 17; A.S.A. 1947, § 84-1917n.

The purposes of this chapter are to provide:

(1) Relief of the common schools;

(2) Funds to buy free textbooks for the first eight (8) grades thereof;

(3) Funds for state charitable institutions;

(4) Funds for circulating library service in connection with the public schools and funds to take the place of homestead exemptions;

(5) For the wards of the state who will receive support through the Department of Human Services; and

(6) For worthy causes.

Acts 1941, No. 386, § 17; A.S.A. 1947, § 84-1917n.
Ark. Code Ann. § 26-55-609 — AR Code / Title 26 / Chapter 55 / Subchapter 6 / Section 26-55-609
Responsibility for taxes - Provisions cumulative
Status: in_force

(a) Any person who shall violate any provision of this subchapter shall be immediately responsible for the taxes, as imposed by this state, on the fuels involved in the violation plus twenty percent (20%) as a penalty. (b) All fines and penalties imposed pursuant to this subchapter shall be in addition to any and all penalties imposed pursuant to the Arkansas Tax Procedure Act, § 26-18-101 et seq. Acts 1987, No. 977, § 7.

(a) Any person who shall violate any provision of this subchapter shall be immediately responsible for the taxes, as imposed by this state, on the fuels involved in the violation plus twenty percent (20%) as a penalty.

(b) All fines and penalties imposed pursuant to this subchapter shall be in addition to any and all penalties imposed pursuant to the Arkansas Tax Procedure Act, § 26-18-101 et seq.

Acts 1987, No. 977, § 7.
Ark. Code Ann. § 26-51-1602 — AR Code / Title 26 / Chapter 51 / Subchapter 16 / Section 26-51-1602
[Repealed]
Status: repealed

Repealed by Act 2017, No. 1042,§ 2, eff. for tax years beginning on or after 1/1/2018. Acts 1997, No. 1168, § 2.

Repealed by Act 2017, No. 1042,§ 2, eff. for tax years beginning on or after 1/1/2018.

Acts 1997, No. 1168, § 2.
Ark. Code Ann. § 26-74-412 — AR Code / Title 26 / Chapter 74 / Subchapter 4 / Section 26-74-412
Maximum tax limitation
Status: in_force

(a) (1) (A) Any county general sales or use tax levied pursuant to this subchapter shall be levied and collected only on the first two thousand five hundred dollars ($2,500) of gross receipts, gross proceeds, or sales price on the sale of a: (i) Motor vehicle; (ii) Aircraft; (iii) Watercraft; (iv) Modular home; (v) Manufactured home; or (vi) Mobile home. (B) A vendor shall be responsible for collecting and remitting the tax only on the first two thousand five hundred dollars ($2,500) of gross receipts, gross proceeds, or sales price on the sale of a: (i) Motor vehicle; (ii) Aircraft; (iii) Watercraft; (iv) Modular home; (v) Manufactured home; or (vi) Mobile home. (2) A vendor collecting, reporting, and remitting the county sales or use taxes shall show county sales taxes as a separate entry on the tax report form filed with the Secretary of the Department of Finance and Administration. (b) (1) In the case of any taxpayer not subject to the levy of a use tax on tangible personal property or taxable services brought into the State of Arkansas for storage until such property is subsequently initially used in the State of Arkansas, a county use tax shall be computed on each purchase of such property and services by the taxpayer as if all the property was subject upon purchase to the county use tax up to the first two thousand five hundred dollars ($2,500) of gross receipts, gross proceeds, or sales price on the sale of a: (A) Motor vehicle; (B) Aircraft; (C) Watercraft; (D) Modular home; (E) Manufactured home; or (F) Mobile home. (2) The taxes so computed shall be aggregated on a monthly basis, and the aggregate monthly amount shall be divided by the sum of the total purchases of such property on which the taxes are computed, and the quotient shall be multiplied by the amount of the taxpayer's property subsequently initially used and subject to levy of a use tax within the county during the month for which the monthly aggregate tax figure was computed, and the product shall be the amount of county use tax liability for the taxpayer for the month computed. Amended by Act 2019, No. 910,§ 4404, eff. 7/1/2019. Acts 1991, No. 885, § 1; 1997, No. 1176, § 9; 1999, No. 1137, § 4; 2003, No. 1273, § 47.

(a) (1) (A) Any county general sales or use tax levied pursuant to this subchapter shall be levied and collected only on the first two thousand five hundred dollars ($2,500) of gross receipts, gross proceeds, or sales price on the sale of a: (i) Motor vehicle; (ii) Aircraft; (iii) Watercraft; (iv) Modular home; (v) Manufactured home; or (vi) Mobile home. (B) A vendor shall be responsible for collecting and remitting the tax only on the first two thousand five hundred dollars ($2,500) of gross receipts, gross proceeds, or sales price on the sale of a: (i) Motor vehicle; (ii) Aircraft; (iii) Watercraft; (iv) Modular home; (v) Manufactured home; or (vi) Mobile home. (2) A vendor collecting, reporting, and remitting the county sales or use taxes shall show county sales taxes as a separate entry on the tax report form filed with the Secretary of the Department of Finance and Administration.

(1) (A) Any county general sales or use tax levied pursuant to this subchapter shall be levied and collected only on the first two thousand five hundred dollars ($2,500) of gross receipts, gross proceeds, or sales price on the sale of a: (i) Motor vehicle; (ii) Aircraft; (iii) Watercraft; (iv) Modular home; (v) Manufactured home; or (vi) Mobile home. (B) A vendor shall be responsible for collecting and remitting the tax only on the first two thousand five hundred dollars ($2,500) of gross receipts, gross proceeds, or sales price on the sale of a: (i) Motor vehicle; (ii) Aircraft; (iii) Watercraft; (iv) Modular home; (v) Manufactured home; or (vi) Mobile home.

(A) Any county general sales or use tax levied pursuant to this subchapter shall be levied and collected only on the first two thousand five hundred dollars ($2,500) of gross receipts, gross proceeds, or sales price on the sale of a: (i) Motor vehicle; (ii) Aircraft; (iii) Watercraft; (iv) Modular home; (v) Manufactured home; or (vi) Mobile home.

(i) Motor vehicle;

(ii) Aircraft;

(iii) Watercraft;

(iv) Modular home;

(v) Manufactured home; or

(vi) Mobile home.

(B) A vendor shall be responsible for collecting and remitting the tax only on the first two thousand five hundred dollars ($2,500) of gross receipts, gross proceeds, or sales price on the sale of a: (i) Motor vehicle; (ii) Aircraft; (iii) Watercraft; (iv) Modular home; (v) Manufactured home; or (vi) Mobile home.

(i) Motor vehicle;

(ii) Aircraft;

(iii) Watercraft;

(iv) Modular home;

(v) Manufactured home; or

(vi) Mobile home.

(2) A vendor collecting, reporting, and remitting the county sales or use taxes shall show county sales taxes as a separate entry on the tax report form filed with the Secretary of the Department of Finance and Administration.

(b) (1) In the case of any taxpayer not subject to the levy of a use tax on tangible personal property or taxable services brought into the State of Arkansas for storage until such property is subsequently initially used in the State of Arkansas, a county use tax shall be computed on each purchase of such property and services by the taxpayer as if all the property was subject upon purchase to the county use tax up to the first two thousand five hundred dollars ($2,500) of gross receipts, gross proceeds, or sales price on the sale of a: (A) Motor vehicle; (B) Aircraft; (C) Watercraft; (D) Modular home; (E) Manufactured home; or (F) Mobile home. (2) The taxes so computed shall be aggregated on a monthly basis, and the aggregate monthly amount shall be divided by the sum of the total purchases of such property on which the taxes are computed, and the quotient shall be multiplied by the amount of the taxpayer's property subsequently initially used and subject to levy of a use tax within the county during the month for which the monthly aggregate tax figure was computed, and the product shall be the amount of county use tax liability for the taxpayer for the month computed.

(1) In the case of any taxpayer not subject to the levy of a use tax on tangible personal property or taxable services brought into the State of Arkansas for storage until such property is subsequently initially used in the State of Arkansas, a county use tax shall be computed on each purchase of such property and services by the taxpayer as if all the property was subject upon purchase to the county use tax up to the first two thousand five hundred dollars ($2,500) of gross receipts, gross proceeds, or sales price on the sale of a: (A) Motor vehicle; (B) Aircraft; (C) Watercraft; (D) Modular home; (E) Manufactured home; or (F) Mobile home.

(A) Motor vehicle;

(B) Aircraft;

(C) Watercraft;

(D) Modular home;

(E) Manufactured home; or

(F) Mobile home.

(2) The taxes so computed shall be aggregated on a monthly basis, and the aggregate monthly amount shall be divided by the sum of the total purchases of such property on which the taxes are computed, and the quotient shall be multiplied by the amount of the taxpayer's property subsequently initially used and subject to levy of a use tax within the county during the month for which the monthly aggregate tax figure was computed, and the product shall be the amount of county use tax liability for the taxpayer for the month computed.

Amended by Act 2019, No. 910,§ 4404, eff. 7/1/2019.

Acts 1991, No. 885, § 1; 1997, No. 1176, § 9; 1999, No. 1137, § 4; 2003, No. 1273, § 47.
Ark. Code Ann. § 26-65-101 — AR Code / Title 26 / Chapter 65 / Section 26-65-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Elective Pass-Through Entity Tax Act". Added by Act 2021, No. 362,§ 2, eff. for tax years beginning on or after January 1, 2022..

This chapter shall be known and may be cited as the "Elective Pass-Through Entity Tax Act".

Added by Act 2021, No. 362,§ 2, eff. for tax years beginning on or after January 1, 2022..
Ark. Code Ann. § 26-2-106 — AR Code / Title 26 / Chapter 2 / Section 26-2-106
Failure to list and value property
Status: in_force

(a) (1) Any county assessor or any member of a county equalization board who shall knowingly and willfully fail or refuse to list and value any item of property subject to taxation, knowing that the item of property is subject to taxation and is not listed and valued for that year, or who shall fail or refuse to value any property at the percent of its market value as certified by the Arkansas Public Service Commission shall be subject to a penalty of five hundred dollars ($500) for each offense, to be recovered by a civil action in the name of the state. (2) Not exceeding twenty percent (20%) of these recoveries may be retained by the commission to pay the fee of the attorney for them and the other expenses of the litigation, with the remainder of the recovery to be deposited into the State Treasury to the credit of the General Revenue Fund Account. (b) (1) Any suits under subsection (a) of this section shall be brought within one (1) year after the cause of action shall accrue and not thereafter. (2) All actions may be brought in the county where the defendant resides, or in any adjoining county, and service of summons had on the defendant in the county of his or her residence. (c) The powers granted in this section to the commission shall be cumulative to the powers heretofore granted to the commission. Acts 1917, No. 263, §§ 2, 3, 4, p. 1359; C. & M. Dig., §§ 9922, 9923; Pope's Dig., §§ 13690, 13691; A.S.A. 1947, §§ 84-1606, 84-1607, 84-1607n.

(a) (1) Any county assessor or any member of a county equalization board who shall knowingly and willfully fail or refuse to list and value any item of property subject to taxation, knowing that the item of property is subject to taxation and is not listed and valued for that year, or who shall fail or refuse to value any property at the percent of its market value as certified by the Arkansas Public Service Commission shall be subject to a penalty of five hundred dollars ($500) for each offense, to be recovered by a civil action in the name of the state. (2) Not exceeding twenty percent (20%) of these recoveries may be retained by the commission to pay the fee of the attorney for them and the other expenses of the litigation, with the remainder of the recovery to be deposited into the State Treasury to the credit of the General Revenue Fund Account.

(1) Any county assessor or any member of a county equalization board who shall knowingly and willfully fail or refuse to list and value any item of property subject to taxation, knowing that the item of property is subject to taxation and is not listed and valued for that year, or who shall fail or refuse to value any property at the percent of its market value as certified by the Arkansas Public Service Commission shall be subject to a penalty of five hundred dollars ($500) for each offense, to be recovered by a civil action in the name of the state.

(2) Not exceeding twenty percent (20%) of these recoveries may be retained by the commission to pay the fee of the attorney for them and the other expenses of the litigation, with the remainder of the recovery to be deposited into the State Treasury to the credit of the General Revenue Fund Account.

(b) (1) Any suits under subsection (a) of this section shall be brought within one (1) year after the cause of action shall accrue and not thereafter. (2) All actions may be brought in the county where the defendant resides, or in any adjoining county, and service of summons had on the defendant in the county of his or her residence.

(1) Any suits under subsection (a) of this section shall be brought within one (1) year after the cause of action shall accrue and not thereafter.

(2) All actions may be brought in the county where the defendant resides, or in any adjoining county, and service of summons had on the defendant in the county of his or her residence.

(c) The powers granted in this section to the commission shall be cumulative to the powers heretofore granted to the commission.

Acts 1917, No. 263, §§ 2, 3, 4, p. 1359; C. & M. Dig., §§ 9922, 9923; Pope's Dig., §§ 13690, 13691; A.S.A. 1947, §§ 84-1606, 84-1607, 84-1607n.
Ark. Code Ann. § 26-52-111 — AR Code / Title 26 / Chapter 52 / Subchapter 1 / Section 26-52-111
Remote sellers and marketplace facilitators
Status: in_force

(a) A remote seller or a marketplace facilitator that sells or facilitates the sale of tangible personal property, taxable services, a digital code, or specified digital products for delivery into Arkansas shall collect and remit the applicable sales tax levied under this chapter or the applicable compensating use tax levied under the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., if in the previous calendar year or in the current calendar year, the remote seller or the marketplace facilitator had aggregate sales of tangible personal property, taxable services, digital codes, or specified digital products subject to Arkansas sales or use tax within this state or delivered to locations within this state exceeding: (1) One hundred thousand dollars ($100,000); or (2) Two hundred (200) transactions. (b) A sale made through a marketplace facilitator: (1) Is a sale of the marketplace facilitator for purposes of determining whether a person satisfies the criteria stated in subsection (a) of this section; and (2) Is not a sale of the marketplace seller for purposes of determining whether a person satisfies the criteria stated in subsection (a) of this section. (c) The requirement to collect and remit sales or use tax under this section shall not be applied retroactively. (d) This section does not affect or impair the: (1) Obligation of a purchaser in this state to remit use tax on any applicable transaction in which the seller does not collect and remit sales or use tax; (2) Obligation of a seller, when the seller is transacting business in the state and a point-of-sale tax is collected on the transaction, to remit all state and local taxes on any applicable transaction in which the seller provides goods or furnishes services within the state; or (3) Ability of a state entity to immediately collect the taxes described in subdivision (d)(2) of this section. (e) (1) The Department of Finance and Administration shall audit a marketplace facilitator solely for sales made by marketplace sellers and facilitated by the marketplace facilitator. (2) The department shall not audit marketplace sellers for sales facilitated by a marketplace facilitator except to the extent the marketplace facilitator seeks relief from liability under subsection (f) of this section. (f) (1) A marketplace facilitator is relieved of liability under this section for failure to collect and remit the correct amount of tax under this section to the extent that the failure was due to incorrect or insufficient information given to the marketplace facilitator by the marketplace seller. (2) This subsection does not apply if the marketplace facilitator and the marketplace seller are related. Added by Act 2019, No. 822,§ 19, eff. 7/1/2019.

(a) A remote seller or a marketplace facilitator that sells or facilitates the sale of tangible personal property, taxable services, a digital code, or specified digital products for delivery into Arkansas shall collect and remit the applicable sales tax levied under this chapter or the applicable compensating use tax levied under the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., if in the previous calendar year or in the current calendar year, the remote seller or the marketplace facilitator had aggregate sales of tangible personal property, taxable services, digital codes, or specified digital products subject to Arkansas sales or use tax within this state or delivered to locations within this state exceeding: (1) One hundred thousand dollars ($100,000); or (2) Two hundred (200) transactions.

(1) One hundred thousand dollars ($100,000); or

(2) Two hundred (200) transactions.

(b) A sale made through a marketplace facilitator: (1) Is a sale of the marketplace facilitator for purposes of determining whether a person satisfies the criteria stated in subsection (a) of this section; and (2) Is not a sale of the marketplace seller for purposes of determining whether a person satisfies the criteria stated in subsection (a) of this section.

(1) Is a sale of the marketplace facilitator for purposes of determining whether a person satisfies the criteria stated in subsection (a) of this section; and

(2) Is not a sale of the marketplace seller for purposes of determining whether a person satisfies the criteria stated in subsection (a) of this section.

(c) The requirement to collect and remit sales or use tax under this section shall not be applied retroactively.

(d) This section does not affect or impair the: (1) Obligation of a purchaser in this state to remit use tax on any applicable transaction in which the seller does not collect and remit sales or use tax; (2) Obligation of a seller, when the seller is transacting business in the state and a point-of-sale tax is collected on the transaction, to remit all state and local taxes on any applicable transaction in which the seller provides goods or furnishes services within the state; or (3) Ability of a state entity to immediately collect the taxes described in subdivision (d)(2) of this section.

(1) Obligation of a purchaser in this state to remit use tax on any applicable transaction in which the seller does not collect and remit sales or use tax;

(2) Obligation of a seller, when the seller is transacting business in the state and a point-of-sale tax is collected on the transaction, to remit all state and local taxes on any applicable transaction in which the seller provides goods or furnishes services within the state; or

(3) Ability of a state entity to immediately collect the taxes described in subdivision (d)(2) of this section.

(e) (1) The Department of Finance and Administration shall audit a marketplace facilitator solely for sales made by marketplace sellers and facilitated by the marketplace facilitator. (2) The department shall not audit marketplace sellers for sales facilitated by a marketplace facilitator except to the extent the marketplace facilitator seeks relief from liability under subsection (f) of this section.

(1) The Department of Finance and Administration shall audit a marketplace facilitator solely for sales made by marketplace sellers and facilitated by the marketplace facilitator.

(2) The department shall not audit marketplace sellers for sales facilitated by a marketplace facilitator except to the extent the marketplace facilitator seeks relief from liability under subsection (f) of this section.

(f) (1) A marketplace facilitator is relieved of liability under this section for failure to collect and remit the correct amount of tax under this section to the extent that the failure was due to incorrect or insufficient information given to the marketplace facilitator by the marketplace seller. (2) This subsection does not apply if the marketplace facilitator and the marketplace seller are related.

(1) A marketplace facilitator is relieved of liability under this section for failure to collect and remit the correct amount of tax under this section to the extent that the failure was due to incorrect or insufficient information given to the marketplace facilitator by the marketplace seller.

(2) This subsection does not apply if the marketplace facilitator and the marketplace seller are related.

Added by Act 2019, No. 822,§ 19, eff. 7/1/2019.
Ark. Code Ann. § 26-37-314 — AR Code / Title 26 / Chapter 37 / Subchapter 3 / Section 26-37-314
Sale of tax-delinquent severed mineral interests prohibited
Status: in_force

(a) (1) When severed mineral interests are forfeited to the state and conveyed by certification to the Commissioner of State Lands for nonpayment of property taxes, title to the severed mineral interests shall vest in the State of Arkansas in the care of the Commissioner of State Lands. (2) The Commissioner of State Lands shall so notify the owner of record by certified mail at his or her last known address. (3) (A) Except as provided in subsection (b) of this section, the Commissioner of State Lands shall not sell the severed mineral interests but shall retain the severed mineral interests indefinitely for redemption. (B) However, the severed mineral interests may be leased by the Commissioner of State Lands if he or she determines that a lease is in the best interest of the state. (C) All benefits, including royalty and leasehold payments, accruing after title vests in the state and before redemption shall be payable to the Commissioner of State Lands. (D) Upon receipt of any such benefits, the Commissioner of State Lands shall deposit the funds into financial institutions in this state. (4) (A) The tax-delinquent severed mineral interests may be redeemed at any time in the manner prescribed for the redemption of tax-delinquent real property. (B) However, upon redemption the owner shall not be entitled to any payments received by the Commissioner of State Lands before redemption. (5) All funds derived from redemption shall be held in escrow by the Commissioner of State Lands for one (1) year, at which time they shall be distributed the same as funds derived from the redemption of real property. (b) (1) After the expiration of the redemption period prescribed by this chapter, the Commissioner of State Lands shall sell the severed mineral interests to the surface owners if the surface owners opt to purchase the tax-delinquent severed mineral interests. (2) The surface owner purchasing severed mineral interests under subdivision (b)(1) of this section shall be allowed to purchase the severed mineral interests for an amount equal to the delinquent taxes and shall not be required to pay any interest or penalties if the surface owner was not the owner of the severed mineral interests at the time the taxes became delinquent. (c) All benefits, including royalty and leasehold payments, payable to the Commissioner of State Lands pursuant to this section are not subject to the provisions of § 18-28-201 et seq. and § 18-28-401 et seq. (d) The provisions of this section shall be applicable to all tax-delinquent severed mineral interests currently forfeited to the state and certified to the Commissioner of State Lands as well as to all tax-delinquent severed mineral interests forfeited to the state in the future. (e) (1) No deed issued under this section shall be void or voidable on the ground that the assessment of the property taxes on the severed mineral interests was not subjoined to the assessment of the property taxes on the surface realty. (2) This subsection shall be retroactive to all certifications of delinquent severed mineral interests in the records of the office of the Commissioner of State Lands. Acts 1993, No. 864, §§ 1-4; 2003, No. 1279, § 1.

(a) (1) When severed mineral interests are forfeited to the state and conveyed by certification to the Commissioner of State Lands for nonpayment of property taxes, title to the severed mineral interests shall vest in the State of Arkansas in the care of the Commissioner of State Lands. (2) The Commissioner of State Lands shall so notify the owner of record by certified mail at his or her last known address. (3) (A) Except as provided in subsection (b) of this section, the Commissioner of State Lands shall not sell the severed mineral interests but shall retain the severed mineral interests indefinitely for redemption. (B) However, the severed mineral interests may be leased by the Commissioner of State Lands if he or she determines that a lease is in the best interest of the state. (C) All benefits, including royalty and leasehold payments, accruing after title vests in the state and before redemption shall be payable to the Commissioner of State Lands. (D) Upon receipt of any such benefits, the Commissioner of State Lands shall deposit the funds into financial institutions in this state. (4) (A) The tax-delinquent severed mineral interests may be redeemed at any time in the manner prescribed for the redemption of tax-delinquent real property. (B) However, upon redemption the owner shall not be entitled to any payments received by the Commissioner of State Lands before redemption. (5) All funds derived from redemption shall be held in escrow by the Commissioner of State Lands for one (1) year, at which time they shall be distributed the same as funds derived from the redemption of real property.

(1) When severed mineral interests are forfeited to the state and conveyed by certification to the Commissioner of State Lands for nonpayment of property taxes, title to the severed mineral interests shall vest in the State of Arkansas in the care of the Commissioner of State Lands.

(2) The Commissioner of State Lands shall so notify the owner of record by certified mail at his or her last known address.

(3) (A) Except as provided in subsection (b) of this section, the Commissioner of State Lands shall not sell the severed mineral interests but shall retain the severed mineral interests indefinitely for redemption. (B) However, the severed mineral interests may be leased by the Commissioner of State Lands if he or she determines that a lease is in the best interest of the state. (C) All benefits, including royalty and leasehold payments, accruing after title vests in the state and before redemption shall be payable to the Commissioner of State Lands. (D) Upon receipt of any such benefits, the Commissioner of State Lands shall deposit the funds into financial institutions in this state.

(A) Except as provided in subsection (b) of this section, the Commissioner of State Lands shall not sell the severed mineral interests but shall retain the severed mineral interests indefinitely for redemption.

(B) However, the severed mineral interests may be leased by the Commissioner of State Lands if he or she determines that a lease is in the best interest of the state.

(C) All benefits, including royalty and leasehold payments, accruing after title vests in the state and before redemption shall be payable to the Commissioner of State Lands.

(D) Upon receipt of any such benefits, the Commissioner of State Lands shall deposit the funds into financial institutions in this state.

(4) (A) The tax-delinquent severed mineral interests may be redeemed at any time in the manner prescribed for the redemption of tax-delinquent real property. (B) However, upon redemption the owner shall not be entitled to any payments received by the Commissioner of State Lands before redemption.

(A) The tax-delinquent severed mineral interests may be redeemed at any time in the manner prescribed for the redemption of tax-delinquent real property.

(B) However, upon redemption the owner shall not be entitled to any payments received by the Commissioner of State Lands before redemption.

(5) All funds derived from redemption shall be held in escrow by the Commissioner of State Lands for one (1) year, at which time they shall be distributed the same as funds derived from the redemption of real property.

(b) (1) After the expiration of the redemption period prescribed by this chapter, the Commissioner of State Lands shall sell the severed mineral interests to the surface owners if the surface owners opt to purchase the tax-delinquent severed mineral interests. (2) The surface owner purchasing severed mineral interests under subdivision (b)(1) of this section shall be allowed to purchase the severed mineral interests for an amount equal to the delinquent taxes and shall not be required to pay any interest or penalties if the surface owner was not the owner of the severed mineral interests at the time the taxes became delinquent.

(1) After the expiration of the redemption period prescribed by this chapter, the Commissioner of State Lands shall sell the severed mineral interests to the surface owners if the surface owners opt to purchase the tax-delinquent severed mineral interests.

(2) The surface owner purchasing severed mineral interests under subdivision (b)(1) of this section shall be allowed to purchase the severed mineral interests for an amount equal to the delinquent taxes and shall not be required to pay any interest or penalties if the surface owner was not the owner of the severed mineral interests at the time the taxes became delinquent.

(c) All benefits, including royalty and leasehold payments, payable to the Commissioner of State Lands pursuant to this section are not subject to the provisions of § 18-28-201 et seq. and § 18-28-401 et seq.

(d) The provisions of this section shall be applicable to all tax-delinquent severed mineral interests currently forfeited to the state and certified to the Commissioner of State Lands as well as to all tax-delinquent severed mineral interests forfeited to the state in the future.

(e) (1) No deed issued under this section shall be void or voidable on the ground that the assessment of the property taxes on the severed mineral interests was not subjoined to the assessment of the property taxes on the surface realty. (2) This subsection shall be retroactive to all certifications of delinquent severed mineral interests in the records of the office of the Commissioner of State Lands.

(1) No deed issued under this section shall be void or voidable on the ground that the assessment of the property taxes on the severed mineral interests was not subjoined to the assessment of the property taxes on the surface realty.

(2) This subsection shall be retroactive to all certifications of delinquent severed mineral interests in the records of the office of the Commissioner of State Lands.

Acts 1993, No. 864, §§ 1-4; 2003, No. 1279, § 1.
Ark. Code Ann. § 26-4-210 — AR Code / Title 26 / Chapter 4 / Subchapter 2 / Section 26-4-210
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1143,§ 1, eff. 8/16/2013. Acts 1983, No. 276, § 11; A.S.A. 1947, § 84-4811.

Repealed by Act 2013, No. 1143,§ 1, eff. 8/16/2013.

Acts 1983, No. 276, § 11; A.S.A. 1947, § 84-4811.