Ark. Code Ann. § 26-51-2704 — AR Code / Title 26 / Chapter 51 / Subchapter 27 / Section 26-51-2704
Arkansas wood energy products and forest maintenance income tax credit
Status: in_force

(a) There is allowed a tax credit against the tax imposed by this chapter in an amount equal to thirty percent (30%) of the costs of wood energy products equipment purchased for use in Arkansas after the date specified in the incentive agreement by a taxpayer that: (1) Is engaged in the business of collecting, separating, treating, pulverizing, drying, modifying, or manufacturing wood energy products; and (2) Has been certified as owning a qualified wood energy products and forest maintenance project or a qualified wood energy products and forest maintenance expansion project. (b) (1) If a tax credit is allowed under this section and, as of the end of the taxable year in which the tax credit is first allowed, the taxpayer does not have a public retirement system of the State of Arkansas as a proprietor, partner member, shareholder, or holding an interest, the lesser of five million dollars ($5,000,000) or the amount of income tax due by the taxpayer may be claimed each year. (2) (A) Any unused tax credit that cannot be claimed in a tax year under subdivision (b)(1) of this section may be carried forward indefinitely to apply the unused tax credit to future tax liability. (B) Beginning July 1, 2021, and by July 15 of each subsequent year, a taxpayer shall provide notice to the Department of Finance and Administration of the amount of tax credits, including without limitation tax credits the taxpayer expects will receive certification during the fiscal year by the Department of Energy and Environment, subject to the limitation in subdivision (b)(1) of this section, that will be sold or transferred for value. (c) (1) If at the time of the execution of the incentive agreement the taxpayer that owns a qualified wood energy products and forest maintenance project or a qualified wood energy products and forest maintenance expansion project is a proprietorship, partnership, limited liability company, or other business organization and any portion of the tax credits allowed under this section would be apportioned to a public retirement system of the State of Arkansas as proprietor, partner, member, or shareholder of the taxpayer, the public retirement system shall have the possession and control of all tax credits, including without limitation any tax credits allowed under this section and otherwise apportioned to the other proprietors, partners, members, shareholders, or beneficiaries. (2) The possession and control of tax credits by a public retirement system under this subsection shall be confirmed in writing by the office of the Department of Finance and Administration charged with the administration of the tax credits allowed under this section. (3) A public retirement system that has possession and control of tax credits under this subsection shall sell or transfer for value the tax credits allowed under this section to the State of Arkansas for eighty percent (80%) of the face value in lieu of the right of a proprietor, partner, member, shareholder, or beneficiary of the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project to claim the tax credits as otherwise allowed under applicable state law. (4) Subject to the total tax credit allowed under this section for a qualified wood energy products and forest maintenance project, the maximum amount of tax credits allowed under an incentive agreement between the taxpayer and the state, and the annual transfer by the Arkansas Economic Development Commission as agreed by the state and the taxpayer, no more than five million dollars ($5,000,000) of the tax credits in the possession and control of the public retirement system with respect to a qualified wood energy products and forest maintenance project under this subsection may be sold or transferred each year. (5) Subject to the total tax credit allowed under this section for a qualified wood energy products and forest maintenance expansion project, the maximum amount of tax credits allowed under an incentive agreement between the taxpayer and the state and the annual transfer by the commission as agreed by the state and the taxpayer, no more than five million dollars ($5,000,000) of the tax credits in the possession and control of the public retirement system with respect to a qualified wood energy products and forest maintenance expansion project under this subsection may be sold or transferred each year. (6) Any unused tax credit that cannot be sold or transferred in a tax year by the operation of subdivision (c)(4) or subdivision (c)(5) of this section may be carried forward indefinitely to be sold or transferred by future operation of subdivision (c)(4) or subdivision (c)(5) of this section. (7) Beginning July 1, 2021, by July 15 of each year, a public retirement system with possession and control of tax credits under this subsection shall provide notice to the Department of Finance and Administration of the amount of tax credits, including without limitation tax credits the public retirement system expects will receive certification during the fiscal year by the Department of Energy and Environment, subject to the limitations in subdivisions (c)(4) and (c)(5) of this section, to be sold or transferred for value. (8) (A) The State of Arkansas shall pay the purchase price equal to eighty percent (80%) of the face value of all the tax credits included in the notice required under subdivision (c)(7) of this section on or before June 30 of the calendar year following the calendar year in which the notice was provided for all tax credits certified by the Department of Energy and Environment by warrant from the Economic Development Incentive Fund funded by a transfer from general revenue. (B) Tax credits under this subsection sold or transferred for value to the State of Arkansas are extinguished upon payment of the purchase price as if claimed against the tax imposed by this chapter. (C) (i) In the event the State of Arkansas fails to timely pay the purchase price required under subdivision (c)(8)(A) of this section for the tax credits included in the notice required under subdivision (c)(7) of this section, the public retirement system may, before the end of the taxable year following the taxable year in which failure to pay occurs, sell or transfer for value such tax credits to one (1) or more persons. (ii) The person or persons to whom the tax credits are sold or transferred under subdivision (c)(8)(C)(i) of this section may claim the tax credits in accordance with applicable law. (iii) Any tax credits sold or transferred for value under subdivision (c)(8)(C)(i) of this section shall not expire before the end of the third taxable year following the year in which the tax credits were sold or transferred for value under this section. (D) The sale or transfer of tax credits under this subdivision (c)(8) shall be confirmed in writing by the office of the Department of Finance and Administration charged with the administration of the tax credit allowed under this section. (d) A tax credit under this section shall not be authorized without: (1) A cost-benefit analysis, including without limitation an analysis of other incentives offered by the State of Arkansas with respect to the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project subject to the tax credit, as certified by the Director of the Arkansas Economic Development Commission in consultation with the Chief Fiscal Officer of the State; and (2) An incentive agreement with performance criteria and clawback provisions as required under subsection (e) of this section. (e) The issuance, sale, and transfer of a tax credit authorized under this section shall be subject to an incentive agreement with performance criteria and clawback provisions between the taxpayer and the commission that: (1) (A) Is subject to the approval of the Chief Fiscal Officer of the State to ensure that the cost-benefit analysis required under subsection (d) of this section is met and maintained for a test period that is the longer of the life of the tax credits or twelve (12) years, subject to the limitation stated in subdivision (e)(1)(B) of this section. (B) The test period described in subdivision (e)(1)(A) of this section shall not be longer than fifteen (15) years; and (2) Shall include without limitation the: (A) Capital investment for the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project; (B) New full-time permanent employee positions created by the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project; (C) Annual salary requirements for the new full-time permanent employee positions created by the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project; (D) Timeline for fulfilling the investment and job creation targets stated in the performance and clawback agreement for the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project; and (E) Conditions for the clawback provisions, which are triggered if, during the test period stated in subdivision (e)(1) of this section, the taxpayer: (i) Does not meet the required targets of the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project related to capital investment, job creation, timeline, or annual salary amounts; or (ii) Fails to maintain a positive cost-benefit analysis. Amended by Act 2023, No. 845,§ 7, eff. 1/1/2023, app. for tax years beginning on or after January 1, 2023. Amended by Act 2023, No. 845,§ 6, 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.

(a) There is allowed a tax credit against the tax imposed by this chapter in an amount equal to thirty percent (30%) of the costs of wood energy products equipment purchased for use in Arkansas after the date specified in the incentive agreement by a taxpayer that: (1) Is engaged in the business of collecting, separating, treating, pulverizing, drying, modifying, or manufacturing wood energy products; and (2) Has been certified as owning a qualified wood energy products and forest maintenance project or a qualified wood energy products and forest maintenance expansion project.

(1) Is engaged in the business of collecting, separating, treating, pulverizing, drying, modifying, or manufacturing wood energy products; and

(2) Has been certified as owning a qualified wood energy products and forest maintenance project or a qualified wood energy products and forest maintenance expansion project.

(b) (1) If a tax credit is allowed under this section and, as of the end of the taxable year in which the tax credit is first allowed, the taxpayer does not have a public retirement system of the State of Arkansas as a proprietor, partner member, shareholder, or holding an interest, the lesser of five million dollars ($5,000,000) or the amount of income tax due by the taxpayer may be claimed each year. (2) (A) Any unused tax credit that cannot be claimed in a tax year under subdivision (b)(1) of this section may be carried forward indefinitely to apply the unused tax credit to future tax liability. (B) Beginning July 1, 2021, and by July 15 of each subsequent year, a taxpayer shall provide notice to the Department of Finance and Administration of the amount of tax credits, including without limitation tax credits the taxpayer expects will receive certification during the fiscal year by the Department of Energy and Environment, subject to the limitation in subdivision (b)(1) of this section, that will be sold or transferred for value.

(1) If a tax credit is allowed under this section and, as of the end of the taxable year in which the tax credit is first allowed, the taxpayer does not have a public retirement system of the State of Arkansas as a proprietor, partner member, shareholder, or holding an interest, the lesser of five million dollars ($5,000,000) or the amount of income tax due by the taxpayer may be claimed each year.

(2) (A) Any unused tax credit that cannot be claimed in a tax year under subdivision (b)(1) of this section may be carried forward indefinitely to apply the unused tax credit to future tax liability. (B) Beginning July 1, 2021, and by July 15 of each subsequent year, a taxpayer shall provide notice to the Department of Finance and Administration of the amount of tax credits, including without limitation tax credits the taxpayer expects will receive certification during the fiscal year by the Department of Energy and Environment, subject to the limitation in subdivision (b)(1) of this section, that will be sold or transferred for value.

(A) Any unused tax credit that cannot be claimed in a tax year under subdivision (b)(1) of this section may be carried forward indefinitely to apply the unused tax credit to future tax liability.

(B) Beginning July 1, 2021, and by July 15 of each subsequent year, a taxpayer shall provide notice to the Department of Finance and Administration of the amount of tax credits, including without limitation tax credits the taxpayer expects will receive certification during the fiscal year by the Department of Energy and Environment, subject to the limitation in subdivision (b)(1) of this section, that will be sold or transferred for value.

(c) (1) If at the time of the execution of the incentive agreement the taxpayer that owns a qualified wood energy products and forest maintenance project or a qualified wood energy products and forest maintenance expansion project is a proprietorship, partnership, limited liability company, or other business organization and any portion of the tax credits allowed under this section would be apportioned to a public retirement system of the State of Arkansas as proprietor, partner, member, or shareholder of the taxpayer, the public retirement system shall have the possession and control of all tax credits, including without limitation any tax credits allowed under this section and otherwise apportioned to the other proprietors, partners, members, shareholders, or beneficiaries. (2) The possession and control of tax credits by a public retirement system under this subsection shall be confirmed in writing by the office of the Department of Finance and Administration charged with the administration of the tax credits allowed under this section. (3) A public retirement system that has possession and control of tax credits under this subsection shall sell or transfer for value the tax credits allowed under this section to the State of Arkansas for eighty percent (80%) of the face value in lieu of the right of a proprietor, partner, member, shareholder, or beneficiary of the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project to claim the tax credits as otherwise allowed under applicable state law. (4) Subject to the total tax credit allowed under this section for a qualified wood energy products and forest maintenance project, the maximum amount of tax credits allowed under an incentive agreement between the taxpayer and the state, and the annual transfer by the Arkansas Economic Development Commission as agreed by the state and the taxpayer, no more than five million dollars ($5,000,000) of the tax credits in the possession and control of the public retirement system with respect to a qualified wood energy products and forest maintenance project under this subsection may be sold or transferred each year. (5) Subject to the total tax credit allowed under this section for a qualified wood energy products and forest maintenance expansion project, the maximum amount of tax credits allowed under an incentive agreement between the taxpayer and the state and the annual transfer by the commission as agreed by the state and the taxpayer, no more than five million dollars ($5,000,000) of the tax credits in the possession and control of the public retirement system with respect to a qualified wood energy products and forest maintenance expansion project under this subsection may be sold or transferred each year. (6) Any unused tax credit that cannot be sold or transferred in a tax year by the operation of subdivision (c)(4) or subdivision (c)(5) of this section may be carried forward indefinitely to be sold or transferred by future operation of subdivision (c)(4) or subdivision (c)(5) of this section. (7) Beginning July 1, 2021, by July 15 of each year, a public retirement system with possession and control of tax credits under this subsection shall provide notice to the Department of Finance and Administration of the amount of tax credits, including without limitation tax credits the public retirement system expects will receive certification during the fiscal year by the Department of Energy and Environment, subject to the limitations in subdivisions (c)(4) and (c)(5) of this section, to be sold or transferred for value. (8) (A) The State of Arkansas shall pay the purchase price equal to eighty percent (80%) of the face value of all the tax credits included in the notice required under subdivision (c)(7) of this section on or before June 30 of the calendar year following the calendar year in which the notice was provided for all tax credits certified by the Department of Energy and Environment by warrant from the Economic Development Incentive Fund funded by a transfer from general revenue. (B) Tax credits under this subsection sold or transferred for value to the State of Arkansas are extinguished upon payment of the purchase price as if claimed against the tax imposed by this chapter. (C) (i) In the event the State of Arkansas fails to timely pay the purchase price required under subdivision (c)(8)(A) of this section for the tax credits included in the notice required under subdivision (c)(7) of this section, the public retirement system may, before the end of the taxable year following the taxable year in which failure to pay occurs, sell or transfer for value such tax credits to one (1) or more persons. (ii) The person or persons to whom the tax credits are sold or transferred under subdivision (c)(8)(C)(i) of this section may claim the tax credits in accordance with applicable law. (iii) Any tax credits sold or transferred for value under subdivision (c)(8)(C)(i) of this section shall not expire before the end of the third taxable year following the year in which the tax credits were sold or transferred for value under this section. (D) The sale or transfer of tax credits under this subdivision (c)(8) shall be confirmed in writing by the office of the Department of Finance and Administration charged with the administration of the tax credit allowed under this section.

(1) If at the time of the execution of the incentive agreement the taxpayer that owns a qualified wood energy products and forest maintenance project or a qualified wood energy products and forest maintenance expansion project is a proprietorship, partnership, limited liability company, or other business organization and any portion of the tax credits allowed under this section would be apportioned to a public retirement system of the State of Arkansas as proprietor, partner, member, or shareholder of the taxpayer, the public retirement system shall have the possession and control of all tax credits, including without limitation any tax credits allowed under this section and otherwise apportioned to the other proprietors, partners, members, shareholders, or beneficiaries.

(2) The possession and control of tax credits by a public retirement system under this subsection shall be confirmed in writing by the office of the Department of Finance and Administration charged with the administration of the tax credits allowed under this section.

(3) A public retirement system that has possession and control of tax credits under this subsection shall sell or transfer for value the tax credits allowed under this section to the State of Arkansas for eighty percent (80%) of the face value in lieu of the right of a proprietor, partner, member, shareholder, or beneficiary of the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project to claim the tax credits as otherwise allowed under applicable state law.

(4) Subject to the total tax credit allowed under this section for a qualified wood energy products and forest maintenance project, the maximum amount of tax credits allowed under an incentive agreement between the taxpayer and the state, and the annual transfer by the Arkansas Economic Development Commission as agreed by the state and the taxpayer, no more than five million dollars ($5,000,000) of the tax credits in the possession and control of the public retirement system with respect to a qualified wood energy products and forest maintenance project under this subsection may be sold or transferred each year.

(5) Subject to the total tax credit allowed under this section for a qualified wood energy products and forest maintenance expansion project, the maximum amount of tax credits allowed under an incentive agreement between the taxpayer and the state and the annual transfer by the commission as agreed by the state and the taxpayer, no more than five million dollars ($5,000,000) of the tax credits in the possession and control of the public retirement system with respect to a qualified wood energy products and forest maintenance expansion project under this subsection may be sold or transferred each year.

(6) Any unused tax credit that cannot be sold or transferred in a tax year by the operation of subdivision (c)(4) or subdivision (c)(5) of this section may be carried forward indefinitely to be sold or transferred by future operation of subdivision (c)(4) or subdivision (c)(5) of this section.

(7) Beginning July 1, 2021, by July 15 of each year, a public retirement system with possession and control of tax credits under this subsection shall provide notice to the Department of Finance and Administration of the amount of tax credits, including without limitation tax credits the public retirement system expects will receive certification during the fiscal year by the Department of Energy and Environment, subject to the limitations in subdivisions (c)(4) and (c)(5) of this section, to be sold or transferred for value.

(8) (A) The State of Arkansas shall pay the purchase price equal to eighty percent (80%) of the face value of all the tax credits included in the notice required under subdivision (c)(7) of this section on or before June 30 of the calendar year following the calendar year in which the notice was provided for all tax credits certified by the Department of Energy and Environment by warrant from the Economic Development Incentive Fund funded by a transfer from general revenue. (B) Tax credits under this subsection sold or transferred for value to the State of Arkansas are extinguished upon payment of the purchase price as if claimed against the tax imposed by this chapter. (C) (i) In the event the State of Arkansas fails to timely pay the purchase price required under subdivision (c)(8)(A) of this section for the tax credits included in the notice required under subdivision (c)(7) of this section, the public retirement system may, before the end of the taxable year following the taxable year in which failure to pay occurs, sell or transfer for value such tax credits to one (1) or more persons. (ii) The person or persons to whom the tax credits are sold or transferred under subdivision (c)(8)(C)(i) of this section may claim the tax credits in accordance with applicable law. (iii) Any tax credits sold or transferred for value under subdivision (c)(8)(C)(i) of this section shall not expire before the end of the third taxable year following the year in which the tax credits were sold or transferred for value under this section. (D) The sale or transfer of tax credits under this subdivision (c)(8) shall be confirmed in writing by the office of the Department of Finance and Administration charged with the administration of the tax credit allowed under this section.

(A) The State of Arkansas shall pay the purchase price equal to eighty percent (80%) of the face value of all the tax credits included in the notice required under subdivision (c)(7) of this section on or before June 30 of the calendar year following the calendar year in which the notice was provided for all tax credits certified by the Department of Energy and Environment by warrant from the Economic Development Incentive Fund funded by a transfer from general revenue.

(B) Tax credits under this subsection sold or transferred for value to the State of Arkansas are extinguished upon payment of the purchase price as if claimed against the tax imposed by this chapter.

(C) (i) In the event the State of Arkansas fails to timely pay the purchase price required under subdivision (c)(8)(A) of this section for the tax credits included in the notice required under subdivision (c)(7) of this section, the public retirement system may, before the end of the taxable year following the taxable year in which failure to pay occurs, sell or transfer for value such tax credits to one (1) or more persons. (ii) The person or persons to whom the tax credits are sold or transferred under subdivision (c)(8)(C)(i) of this section may claim the tax credits in accordance with applicable law. (iii) Any tax credits sold or transferred for value under subdivision (c)(8)(C)(i) of this section shall not expire before the end of the third taxable year following the year in which the tax credits were sold or transferred for value under this section.

(i) In the event the State of Arkansas fails to timely pay the purchase price required under subdivision (c)(8)(A) of this section for the tax credits included in the notice required under subdivision (c)(7) of this section, the public retirement system may, before the end of the taxable year following the taxable year in which failure to pay occurs, sell or transfer for value such tax credits to one (1) or more persons.

(ii) The person or persons to whom the tax credits are sold or transferred under subdivision (c)(8)(C)(i) of this section may claim the tax credits in accordance with applicable law.

(iii) Any tax credits sold or transferred for value under subdivision (c)(8)(C)(i) of this section shall not expire before the end of the third taxable year following the year in which the tax credits were sold or transferred for value under this section.

(D) The sale or transfer of tax credits under this subdivision (c)(8) shall be confirmed in writing by the office of the Department of Finance and Administration charged with the administration of the tax credit allowed under this section.

(d) A tax credit under this section shall not be authorized without: (1) A cost-benefit analysis, including without limitation an analysis of other incentives offered by the State of Arkansas with respect to the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project subject to the tax credit, as certified by the Director of the Arkansas Economic Development Commission in consultation with the Chief Fiscal Officer of the State; and (2) An incentive agreement with performance criteria and clawback provisions as required under subsection (e) of this section.

(1) A cost-benefit analysis, including without limitation an analysis of other incentives offered by the State of Arkansas with respect to the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project subject to the tax credit, as certified by the Director of the Arkansas Economic Development Commission in consultation with the Chief Fiscal Officer of the State; and

(2) An incentive agreement with performance criteria and clawback provisions as required under subsection (e) of this section.

(e) The issuance, sale, and transfer of a tax credit authorized under this section shall be subject to an incentive agreement with performance criteria and clawback provisions between the taxpayer and the commission that: (1) (A) Is subject to the approval of the Chief Fiscal Officer of the State to ensure that the cost-benefit analysis required under subsection (d) of this section is met and maintained for a test period that is the longer of the life of the tax credits or twelve (12) years, subject to the limitation stated in subdivision (e)(1)(B) of this section. (B) The test period described in subdivision (e)(1)(A) of this section shall not be longer than fifteen (15) years; and (2) Shall include without limitation the: (A) Capital investment for the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project; (B) New full-time permanent employee positions created by the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project; (C) Annual salary requirements for the new full-time permanent employee positions created by the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project; (D) Timeline for fulfilling the investment and job creation targets stated in the performance and clawback agreement for the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project; and (E) Conditions for the clawback provisions, which are triggered if, during the test period stated in subdivision (e)(1) of this section, the taxpayer: (i) Does not meet the required targets of the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project related to capital investment, job creation, timeline, or annual salary amounts; or (ii) Fails to maintain a positive cost-benefit analysis.

(1) (A) Is subject to the approval of the Chief Fiscal Officer of the State to ensure that the cost-benefit analysis required under subsection (d) of this section is met and maintained for a test period that is the longer of the life of the tax credits or twelve (12) years, subject to the limitation stated in subdivision (e)(1)(B) of this section. (B) The test period described in subdivision (e)(1)(A) of this section shall not be longer than fifteen (15) years; and

(A) Is subject to the approval of the Chief Fiscal Officer of the State to ensure that the cost-benefit analysis required under subsection (d) of this section is met and maintained for a test period that is the longer of the life of the tax credits or twelve (12) years, subject to the limitation stated in subdivision (e)(1)(B) of this section.

(B) The test period described in subdivision (e)(1)(A) of this section shall not be longer than fifteen (15) years; and

(2) Shall include without limitation the: (A) Capital investment for the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project; (B) New full-time permanent employee positions created by the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project; (C) Annual salary requirements for the new full-time permanent employee positions created by the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project; (D) Timeline for fulfilling the investment and job creation targets stated in the performance and clawback agreement for the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project; and (E) Conditions for the clawback provisions, which are triggered if, during the test period stated in subdivision (e)(1) of this section, the taxpayer: (i) Does not meet the required targets of the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project related to capital investment, job creation, timeline, or annual salary amounts; or (ii) Fails to maintain a positive cost-benefit analysis.

(A) Capital investment for the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project;

(B) New full-time permanent employee positions created by the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project;

(C) Annual salary requirements for the new full-time permanent employee positions created by the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project;

(D) Timeline for fulfilling the investment and job creation targets stated in the performance and clawback agreement for the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project; and

(E) Conditions for the clawback provisions, which are triggered if, during the test period stated in subdivision (e)(1) of this section, the taxpayer: (i) Does not meet the required targets of the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project related to capital investment, job creation, timeline, or annual salary amounts; or (ii) Fails to maintain a positive cost-benefit analysis.

(i) Does not meet the required targets of the qualified wood energy products and forest maintenance project or the qualified wood energy products and forest maintenance expansion project related to capital investment, job creation, timeline, or annual salary amounts; or

(ii) Fails to maintain a positive cost-benefit analysis.

Amended by Act 2023, No. 845,§ 7, eff. 1/1/2023, app. for tax years beginning on or after January 1, 2023.

Amended by Act 2023, No. 845,§ 6, 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. § 26-51-418 — AR Code / Title 26 / Chapter 51 / Subchapter 4 / Section 26-51-418
Deductions - Child with disability - Definitions
Status: in_force

(a) In addition to any other state income tax deduction permitted by law, a taxpayer in this state who is maintaining, supporting, and caring for a totally and permanently disabled child in his or her home shall be permitted a deduction on his or her Arkansas income taxes of five hundred dollars ($500) for each income year that the taxpayer maintains, supports, and cares for such totally and permanently disabled child. (b) As used in this section: (1) "Child" means a natural or adopted child of the taxpayer; and (2) (A) "Totally and permanently disabled" means any child who is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve (12) months. (B) A physical or mental impairment is an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical or laboratory diagnostic techniques. (c) The Secretary of the Department of Finance and Administration may adopt appropriate rules to carry out the purpose and intent of this section and to prevent abuse of the deduction provided for in this section. Amended by Act 2019, No. 315,§ 2964, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3716, eff. 7/1/2019. Acts 1991, No. 708, §§ 1, 2, 4; 1999, No. 417, § 2.

(a) In addition to any other state income tax deduction permitted by law, a taxpayer in this state who is maintaining, supporting, and caring for a totally and permanently disabled child in his or her home shall be permitted a deduction on his or her Arkansas income taxes of five hundred dollars ($500) for each income year that the taxpayer maintains, supports, and cares for such totally and permanently disabled child.

(b) As used in this section: (1) "Child" means a natural or adopted child of the taxpayer; and (2) (A) "Totally and permanently disabled" means any child who is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve (12) months. (B) A physical or mental impairment is an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical or laboratory diagnostic techniques.

(1) "Child" means a natural or adopted child of the taxpayer; and

(2) (A) "Totally and permanently disabled" means any child who is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve (12) months. (B) A physical or mental impairment is an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical or laboratory diagnostic techniques.

(A) "Totally and permanently disabled" means any child who is unable to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than twelve (12) months.

(B) A physical or mental impairment is an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical or laboratory diagnostic techniques.

(c) The Secretary of the Department of Finance and Administration may adopt appropriate rules to carry out the purpose and intent of this section and to prevent abuse of the deduction provided for in this section.

Amended by Act 2019, No. 315,§ 2964, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3716, eff. 7/1/2019.

Acts 1991, No. 708, §§ 1, 2, 4; 1999, No. 417, § 2.
Ark. Code Ann. § 26-82-119 — AR Code / Title 26 / Chapter 82 / Section 26-82-119
Rules
Status: in_force

The Secretary of the Department of Finance and Administration may promulgate reasonable rules to implement the enforcement, administration, and collection of a local sales and use tax authorized in this chapter. Amended by Act 2019, No. 910,§ 4483, eff. 7/1/2019. Amended by Act 2013, No. 1135,§ 24, eff. 8/16/2013. Acts 2011, No. 828, § 1.

The Secretary of the Department of Finance and Administration may promulgate reasonable rules to implement the enforcement, administration, and collection of a local sales and use tax authorized in this chapter.

Amended by Act 2019, No. 910,§ 4483, eff. 7/1/2019.

Amended by Act 2013, No. 1135,§ 24, eff. 8/16/2013.

Acts 2011, No. 828, § 1.
Ark. Code Ann. § 26-57-1308 — AR Code / Title 26 / Chapter 57 / Subchapter 13 / Section 26-57-1308
Bond
Status: in_force

(a) (1) A nonparticipating manufacturer shall post a bond with the Attorney General as a condition of the inclusion of its brand families in the state directory. (2) Proof that the bond has been posted shall be submitted as part of the annual and quarterly certifications required by this subchapter. (b) The bond shall be in effect at least ten (10) days in advance of each calendar quarter. (c) The amount of the bond shall be the greater of: (1) The highest required escrow amount due from the nonparticipating manufacturer or its predecessor for any one (1) of the twelve (12) previous calendar quarters; or (2) Fifty thousand dollars ($50,000). (d) The bond shall be written in favor of the State of Arkansas and shall be conditioned on the performance by the nonparticipating manufacturer of all obligations imposed under §§ 26-57-260 and 26-57-261 , including any fees, penalties, or related financial obligations. (e) (1) If a nonparticipating manufacturer that posted a bond has failed to make or have made on its behalf deposits equal to the full amount owed for a quarter within fifteen (15) days following the due date of the quarter, the state may execute on the bond in the amount equal to any amount of the escrow due. (2) Amounts that the state collects on a bond shall be general revenue of the state and shall reduce the amount of escrow due from that nonparticipating manufacturer in the dollar amount collected. (3) Escrow obligations above the amount collected on the bond remain due from that nonparticipating manufacturer and from the importers that sold its cigarettes during that calendar quarter. (f) (1) The state may also execute on the bond after having obtained a judgment against a nonparticipating manufacturer. (2) Any financial obligations, including fees and penalties, recoverable under §§ 26-57-260 and 26-57-261 shall be covered by the bond. (3) Any amounts collected on the bond shall first be allocated to reduce any escrow obligation by payment into the State Treasury. (g) The Attorney General may adopt rules necessary to implement this section. Amended by Act 2021, No. 929,§ 8, eff. 7/28/2021. Acts 2011, No. 836, § 18.

(a) (1) A nonparticipating manufacturer shall post a bond with the Attorney General as a condition of the inclusion of its brand families in the state directory. (2) Proof that the bond has been posted shall be submitted as part of the annual and quarterly certifications required by this subchapter.

(1) A nonparticipating manufacturer shall post a bond with the Attorney General as a condition of the inclusion of its brand families in the state directory.

(2) Proof that the bond has been posted shall be submitted as part of the annual and quarterly certifications required by this subchapter.

(b) The bond shall be in effect at least ten (10) days in advance of each calendar quarter.

(c) The amount of the bond shall be the greater of: (1) The highest required escrow amount due from the nonparticipating manufacturer or its predecessor for any one (1) of the twelve (12) previous calendar quarters; or (2) Fifty thousand dollars ($50,000).

(1) The highest required escrow amount due from the nonparticipating manufacturer or its predecessor for any one (1) of the twelve (12) previous calendar quarters; or

(2) Fifty thousand dollars ($50,000).

(d) The bond shall be written in favor of the State of Arkansas and shall be conditioned on the performance by the nonparticipating manufacturer of all obligations imposed under §§ 26-57-260 and 26-57-261 , including any fees, penalties, or related financial obligations.

(e) (1) If a nonparticipating manufacturer that posted a bond has failed to make or have made on its behalf deposits equal to the full amount owed for a quarter within fifteen (15) days following the due date of the quarter, the state may execute on the bond in the amount equal to any amount of the escrow due. (2) Amounts that the state collects on a bond shall be general revenue of the state and shall reduce the amount of escrow due from that nonparticipating manufacturer in the dollar amount collected. (3) Escrow obligations above the amount collected on the bond remain due from that nonparticipating manufacturer and from the importers that sold its cigarettes during that calendar quarter.

(1) If a nonparticipating manufacturer that posted a bond has failed to make or have made on its behalf deposits equal to the full amount owed for a quarter within fifteen (15) days following the due date of the quarter, the state may execute on the bond in the amount equal to any amount of the escrow due.

(2) Amounts that the state collects on a bond shall be general revenue of the state and shall reduce the amount of escrow due from that nonparticipating manufacturer in the dollar amount collected.

(3) Escrow obligations above the amount collected on the bond remain due from that nonparticipating manufacturer and from the importers that sold its cigarettes during that calendar quarter.

(f) (1) The state may also execute on the bond after having obtained a judgment against a nonparticipating manufacturer. (2) Any financial obligations, including fees and penalties, recoverable under §§ 26-57-260 and 26-57-261 shall be covered by the bond. (3) Any amounts collected on the bond shall first be allocated to reduce any escrow obligation by payment into the State Treasury.

(1) The state may also execute on the bond after having obtained a judgment against a nonparticipating manufacturer.

(2) Any financial obligations, including fees and penalties, recoverable under §§ 26-57-260 and 26-57-261 shall be covered by the bond.

(3) Any amounts collected on the bond shall first be allocated to reduce any escrow obligation by payment into the State Treasury.

(g) The Attorney General may adopt rules necessary to implement this section.

Amended by Act 2021, No. 929,§ 8, eff. 7/28/2021.

Acts 2011, No. 836, § 18.
Ark. Code Ann. § 26-53-122 — AR Code / Title 26 / Chapter 53 / Subchapter 1 / Section 26-53-122
Agents furnished statements of compliance
Status: in_force

Every vendor selling tangible personal property, specified digital products, a digital code, or taxable services for storage, use, distribution, or consumption in this state shall furnish all agents with a statement to the effect that the agent's principal has been and is complying with the provisions of this subchapter. Amended by Act 2017, No. 141,§ 51, eff. for tax years beginning on and after 1/1/2018. Acts 1949, No. 487, § 7; A.S.A. 1947, § 84-3107; Acts 2003, No. 1273, § 24.

Every vendor selling tangible personal property, specified digital products, a digital code, or taxable services for storage, use, distribution, or consumption in this state shall furnish all agents with a statement to the effect that the agent's principal has been and is complying with the provisions of this subchapter.

Amended by Act 2017, No. 141,§ 51, eff. for tax years beginning on and after 1/1/2018.

Acts 1949, No. 487, § 7; A.S.A. 1947, § 84-3107; Acts 2003, No. 1273, § 24.
Ark. Code Ann. § 26-59-119 — AR Code / Title 26 / Chapter 59 / Section 26-59-119
Executor - Notice of appointment
Status: in_force

The executor within two (2) months after the decedent's death or within a like period after qualifying as executor, shall give written notice of his or her qualification as executor to the Secretary of the Department of Finance and Administration. Amended by Act 2019, No. 910,§ 4287, eff. 7/1/2019. Acts 1941, No. 136, § 20; A.S.A. 1947, § 63-119.

The executor within two (2) months after the decedent's death or within a like period after qualifying as executor, shall give written notice of his or her qualification as executor to the Secretary of the Department of Finance and Administration.

Amended by Act 2019, No. 910,§ 4287, eff. 7/1/2019.

Acts 1941, No. 136, § 20; A.S.A. 1947, § 63-119.
Ark. Code Ann. § 26-27-305 — AR Code / Title 26 / Chapter 27 / Subchapter 3 / Section 26-27-305
Terms of office - Vacancies
Status: in_force

(a) The terms of office of the members of the county equalization boards shall be staggered as follows: (1) (A) In those counties having a county equalization board composed of five (5) members, the members shall serve three-year staggered terms of office, with each expiring term to expire on the first Monday of June of each year, or until his or her successor is selected or appointed and qualified. (B) However, on the first Monday in July, 1999, the terms of the present members of each county equalization board with three (3) or five (5) members shall expire and new members shall be appointed as is provided by law, and within thirty (30) days thereafter, the five (5) new members shall meet and determine by lot their respective staggered terms in such a manner that one (1) member's term should expire one (1) year thereafter, two (2) members' terms should expire two (2) years thereafter, and two (2) members' terms should expire three (3) years thereafter; and (2) (A) In those counties having a county equalization board composed of nine (9) members, the members shall serve three-year staggered terms of office, with each expiring term to expire on the first Monday of June of each year, or until his or her successor is selected or appointed and qualified. (B) However, on the first Monday in July, 1999, the terms of the present members of each county equalization board with nine (9) members shall expire and new members shall be appointed as is provided by law, and within thirty (30) days thereafter, the new members shall meet and determine by lot their respective staggered terms in such a manner that the terms of three (3) members each should expire one (1), two (2), and three (3) years, respectively, thereafter. (b) (1) Upon the expiration of a member's term under the provisions of this section, the successor member shall be appointed or selected for a three-year term or until his or her successor is selected or appointed and qualified. (2) Upon the expiration of the term of any member of any county equalization board or upon the vacancy of a membership of any county equalization board, the member to fill the vacancy shall be selected by the same group, either the directors of the several districts of the county, the members of the city and town councils of the cities and incorporated towns in the county, the county judge, or the county quorum court that made the selection of the member whose term has expired or has been vacated. Acts 1955, No. 230, §§ 3, 5; 1957, No. 235, §§ 1, 2; 1977, No. 287, § 1; A.S.A. 1947, §§ 84-702, 84-702.2; Acts 1999, No. 1326, § 4.

(a) The terms of office of the members of the county equalization boards shall be staggered as follows: (1) (A) In those counties having a county equalization board composed of five (5) members, the members shall serve three-year staggered terms of office, with each expiring term to expire on the first Monday of June of each year, or until his or her successor is selected or appointed and qualified. (B) However, on the first Monday in July, 1999, the terms of the present members of each county equalization board with three (3) or five (5) members shall expire and new members shall be appointed as is provided by law, and within thirty (30) days thereafter, the five (5) new members shall meet and determine by lot their respective staggered terms in such a manner that one (1) member's term should expire one (1) year thereafter, two (2) members' terms should expire two (2) years thereafter, and two (2) members' terms should expire three (3) years thereafter; and (2) (A) In those counties having a county equalization board composed of nine (9) members, the members shall serve three-year staggered terms of office, with each expiring term to expire on the first Monday of June of each year, or until his or her successor is selected or appointed and qualified. (B) However, on the first Monday in July, 1999, the terms of the present members of each county equalization board with nine (9) members shall expire and new members shall be appointed as is provided by law, and within thirty (30) days thereafter, the new members shall meet and determine by lot their respective staggered terms in such a manner that the terms of three (3) members each should expire one (1), two (2), and three (3) years, respectively, thereafter.

(1) (A) In those counties having a county equalization board composed of five (5) members, the members shall serve three-year staggered terms of office, with each expiring term to expire on the first Monday of June of each year, or until his or her successor is selected or appointed and qualified. (B) However, on the first Monday in July, 1999, the terms of the present members of each county equalization board with three (3) or five (5) members shall expire and new members shall be appointed as is provided by law, and within thirty (30) days thereafter, the five (5) new members shall meet and determine by lot their respective staggered terms in such a manner that one (1) member's term should expire one (1) year thereafter, two (2) members' terms should expire two (2) years thereafter, and two (2) members' terms should expire three (3) years thereafter; and

(A) In those counties having a county equalization board composed of five (5) members, the members shall serve three-year staggered terms of office, with each expiring term to expire on the first Monday of June of each year, or until his or her successor is selected or appointed and qualified.

(B) However, on the first Monday in July, 1999, the terms of the present members of each county equalization board with three (3) or five (5) members shall expire and new members shall be appointed as is provided by law, and within thirty (30) days thereafter, the five (5) new members shall meet and determine by lot their respective staggered terms in such a manner that one (1) member's term should expire one (1) year thereafter, two (2) members' terms should expire two (2) years thereafter, and two (2) members' terms should expire three (3) years thereafter; and

(2) (A) In those counties having a county equalization board composed of nine (9) members, the members shall serve three-year staggered terms of office, with each expiring term to expire on the first Monday of June of each year, or until his or her successor is selected or appointed and qualified. (B) However, on the first Monday in July, 1999, the terms of the present members of each county equalization board with nine (9) members shall expire and new members shall be appointed as is provided by law, and within thirty (30) days thereafter, the new members shall meet and determine by lot their respective staggered terms in such a manner that the terms of three (3) members each should expire one (1), two (2), and three (3) years, respectively, thereafter.

(A) In those counties having a county equalization board composed of nine (9) members, the members shall serve three-year staggered terms of office, with each expiring term to expire on the first Monday of June of each year, or until his or her successor is selected or appointed and qualified.

(B) However, on the first Monday in July, 1999, the terms of the present members of each county equalization board with nine (9) members shall expire and new members shall be appointed as is provided by law, and within thirty (30) days thereafter, the new members shall meet and determine by lot their respective staggered terms in such a manner that the terms of three (3) members each should expire one (1), two (2), and three (3) years, respectively, thereafter.

(b) (1) Upon the expiration of a member's term under the provisions of this section, the successor member shall be appointed or selected for a three-year term or until his or her successor is selected or appointed and qualified. (2) Upon the expiration of the term of any member of any county equalization board or upon the vacancy of a membership of any county equalization board, the member to fill the vacancy shall be selected by the same group, either the directors of the several districts of the county, the members of the city and town councils of the cities and incorporated towns in the county, the county judge, or the county quorum court that made the selection of the member whose term has expired or has been vacated.

(1) Upon the expiration of a member's term under the provisions of this section, the successor member shall be appointed or selected for a three-year term or until his or her successor is selected or appointed and qualified.

(2) Upon the expiration of the term of any member of any county equalization board or upon the vacancy of a membership of any county equalization board, the member to fill the vacancy shall be selected by the same group, either the directors of the several districts of the county, the members of the city and town councils of the cities and incorporated towns in the county, the county judge, or the county quorum court that made the selection of the member whose term has expired or has been vacated.

Acts 1955, No. 230, §§ 3, 5; 1957, No. 235, §§ 1, 2; 1977, No. 287, § 1; A.S.A. 1947, §§ 84-702, 84-702.2; Acts 1999, No. 1326, § 4.
Ark. Code Ann. § 26-60-105 — AR Code / Title 26 / Chapter 60 / Section 26-60-105
Levy on deeds, instruments, and writings - Additional tax
Status: in_force

(a) There is levied on each deed, instrument, or writing by which any lands, tenements, or other realty is granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or any other person by the purchaser's direction, when the consideration for the lands, tenements, or other realty conveyed exceeds one hundred dollars ($100), a tax at the rate of one dollar and ten cents ($1.10) for each one thousand dollars ($1,000) or fractional part thereof. (b) In addition to the tax levied in subsection (a) of this section, there is levied an additional tax of two dollars and twenty cents ($2.20) for each one thousand dollars ($1,000) or fractional part thereof to be paid by the purchaser and to be allocated and used for the purposes stated in § 15-12-103 . (c) (1) The taxes levied under this section shall be based solely on the consideration given for the lands, tenements, or other realty, and a tax shall not be levied under this section on the consideration given for tangible personal property or intangible personal property. (2) If a grant, assignment, transfer, or other conveyance involves lands, tenements, or other realty in addition to tangible personal property or intangible personal property, then the taxes levied under this section shall be based solely on the consideration for the lands, tenements, or other realty. Acts 1971, No. 275, § 1; A.S.A. 1947, § 84-4301; Acts 1987, No. 729, § 4; 1993, No. 1181, § 1; 2011, No. 795, § 1.

(a) There is levied on each deed, instrument, or writing by which any lands, tenements, or other realty is granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or any other person by the purchaser's direction, when the consideration for the lands, tenements, or other realty conveyed exceeds one hundred dollars ($100), a tax at the rate of one dollar and ten cents ($1.10) for each one thousand dollars ($1,000) or fractional part thereof.

(b) In addition to the tax levied in subsection (a) of this section, there is levied an additional tax of two dollars and twenty cents ($2.20) for each one thousand dollars ($1,000) or fractional part thereof to be paid by the purchaser and to be allocated and used for the purposes stated in § 15-12-103 .

(c) (1) The taxes levied under this section shall be based solely on the consideration given for the lands, tenements, or other realty, and a tax shall not be levied under this section on the consideration given for tangible personal property or intangible personal property. (2) If a grant, assignment, transfer, or other conveyance involves lands, tenements, or other realty in addition to tangible personal property or intangible personal property, then the taxes levied under this section shall be based solely on the consideration for the lands, tenements, or other realty.

(1) The taxes levied under this section shall be based solely on the consideration given for the lands, tenements, or other realty, and a tax shall not be levied under this section on the consideration given for tangible personal property or intangible personal property.

(2) If a grant, assignment, transfer, or other conveyance involves lands, tenements, or other realty in addition to tangible personal property or intangible personal property, then the taxes levied under this section shall be based solely on the consideration for the lands, tenements, or other realty.

Acts 1971, No. 275, § 1; A.S.A. 1947, § 84-4301; Acts 1987, No. 729, § 4; 1993, No. 1181, § 1; 2011, No. 795, § 1.
Ark. Code Ann. § 26-27-317 — AR Code / Title 26 / Chapter 27 / Subchapter 3 / Section 26-27-317
Applications for adjustment
Status: in_force

(a) (1) A property owner or an agent of a property owner may apply in person, by petition, or by letter to the secretary of the county equalization board on or before the third Monday in August of each year for the adjustment of the county assessor's assessment on the property owner's property or the property of another person. (2) The county equalization board may not adjust any assessment other than the assessment made during the year it meets to consider an application made under subdivision (a)(1) of this section. (3) The county equalization board does not have jurisdiction over and shall not accept or consider a petition or letter under subdivision (a)(1) of this section for the adjustment of the: (A) County assessor's determination of a property's tax-exempt status under Arkansas Constitution, Article 16, § 5(b); (B) Valuation of agricultural land, pasture land, or timberland derived by the guidelines and methods set forth by the Assessment Coordination Division under § 26-26-407 ; or (C) Valuation of producing mineral rights in accordance with the directions and methods established by the division under § 26-26-1110 . (b) (1) A property owner or an agent of the property owner may personally appear before the county equalization board or pursue the appeal by supplying written documentation as to the adjustment desired. (2) The property owner or an agent of the property owner shall notify the secretary of the county equalization board, who shall schedule a hearing, and, if practicable, the hearing shall be held at the convenience of the property owner. (c) (1) The county equalization board shall begin hearing appeals no later than the second Monday in August. (2) On at least one (1) day each week, appeals shall be heard after normal business hours to accommodate working property owners. (d) (1) (A) At a hearing before a county equalization board, the county assessor shall first present to the county equalization board any evidence that the county assessor's office or a contracted appraisal company considered when determining the valuation of the property that is the subject of the hearing. (B) After the county assessor has presented the evidence as required in subdivision (d)(1)(A) of this section, the appealing property owner or his or her agent shall present to the county equalization board any evidence that supports a valuation of the property that is different from the valuation set by the county assessor. (C) (i) After the appealing property owner or his or her agent presents evidence under subdivision (d)(1)(B) of this section, the county assessor shall have the opportunity to rebut the evidence presented by the appealing property owner or his or her agent in the proceeding. (ii) If the appealing property owner presents material evidence that has not been provided to the county assessor at least five (5) business days before the hearing, the county equalization board may continue the hearing to a future date in order for the county assessor to review and prepare a response, including without limitation additional evidence. (D) (i) For protests and appeals of commercial and industrial property, operating as such at the time of assessment, any party that intends to offer into evidence a sale or lease transaction as evidence of the value of the property that is the subject of the protest or appeal before the county equalization board shall have an affirmative duty to disclose both of the following at least five (5) days prior to the hearing: (a) Whether the proposed comparable property was occupied or unoccupied at the time of the transaction; and (b) Whether the proposed comparable property was subject to any use, deed, or lease restriction at the time of the transaction that prohibits the property on which a building or structure sits from being used for the purpose for which the building or structure was designed, constructed, altered, renovated, or modified. (ii) (a) The purpose of the disclosure is so that the county equalization board can determine whether the proposed comparable property is similarly situated to the subject property on appeal. (b) If the information required under this section is not disclosed as required under this section, the county assessor shall advise the county equalization board that the failure to disclose the information should be considered a material omission affecting the weight of the evidence. (E) After the evidence has been presented by both parties under this subsection, the county equalization board shall consider all evidence presented at the hearing and make a determination based on evidence presented by the parties to either accept the valuation of the subject property set by the county assessor or raise or lower the valuation of the subject property. (F) (i) Except as necessary during other hearings of the county equalization board for the purpose of comparison or equalization, or both, ex parte communications between members of the county equalization board or between a member of the county equalization board and other persons concerning property on appeal before the county equalization board are prohibited. (ii) However, members of the county equalization board may communicate with the attorneys for the county equalization board and with the secretary for the county equalization board for purposes of scheduling. (e) (1) The county equalization board shall decide the merits of an adjustment of assessment application and notify the property owner of its decision in writing at least ten (10) business days after the hearing. (2) The county equalization board's notification shall include: (A) The county equalization board's decision; (B) The right of the property owner to appeal the county equalization board's decision to the county court; (C) The deadline for petitioning the county court for a hearing; and (D) A statement that a petition filed in county court for a hearing on behalf of a corporation, limited liability company, or other business entity shall be signed and filed by an attorney licensed to practice law in Arkansas. Amended by Act 2019, No. 737,§ 1, eff. 7/1/2019. Amended by Act 2019, No. 509,§ 1, eff. for assessment years beginning on or after 1/1/2019. Amended by Act 2017, No. 659,§ 4, eff. 8/1/2017. Amended by Act 2017, No. 162,§ 2, eff. 8/1/2017. Acts 1919, No. 147, § 11; C. & M. Dig., § 9911; Acts 1929, No. 172, § 30; Pope's Dig., § 13671; Acts 1951, No. 367, § 1; A.S.A. 1947, § 84-708; Acts 1999, No. 572, § 4; 1999, No. 1326, § 8; 2001, No. 1567, § 2; 2009, No. 276, § 1.

(a) (1) A property owner or an agent of a property owner may apply in person, by petition, or by letter to the secretary of the county equalization board on or before the third Monday in August of each year for the adjustment of the county assessor's assessment on the property owner's property or the property of another person. (2) The county equalization board may not adjust any assessment other than the assessment made during the year it meets to consider an application made under subdivision (a)(1) of this section. (3) The county equalization board does not have jurisdiction over and shall not accept or consider a petition or letter under subdivision (a)(1) of this section for the adjustment of the: (A) County assessor's determination of a property's tax-exempt status under Arkansas Constitution, Article 16, § 5(b); (B) Valuation of agricultural land, pasture land, or timberland derived by the guidelines and methods set forth by the Assessment Coordination Division under § 26-26-407 ; or (C) Valuation of producing mineral rights in accordance with the directions and methods established by the division under § 26-26-1110 .

(1) A property owner or an agent of a property owner may apply in person, by petition, or by letter to the secretary of the county equalization board on or before the third Monday in August of each year for the adjustment of the county assessor's assessment on the property owner's property or the property of another person.

(2) The county equalization board may not adjust any assessment other than the assessment made during the year it meets to consider an application made under subdivision (a)(1) of this section.

(3) The county equalization board does not have jurisdiction over and shall not accept or consider a petition or letter under subdivision (a)(1) of this section for the adjustment of the: (A) County assessor's determination of a property's tax-exempt status under Arkansas Constitution, Article 16, § 5(b); (B) Valuation of agricultural land, pasture land, or timberland derived by the guidelines and methods set forth by the Assessment Coordination Division under § 26-26-407 ; or (C) Valuation of producing mineral rights in accordance with the directions and methods established by the division under § 26-26-1110 .

(A) County assessor's determination of a property's tax-exempt status under Arkansas Constitution, Article 16, § 5(b);

(B) Valuation of agricultural land, pasture land, or timberland derived by the guidelines and methods set forth by the Assessment Coordination Division under § 26-26-407 ; or

(C) Valuation of producing mineral rights in accordance with the directions and methods established by the division under § 26-26-1110 .

(b) (1) A property owner or an agent of the property owner may personally appear before the county equalization board or pursue the appeal by supplying written documentation as to the adjustment desired. (2) The property owner or an agent of the property owner shall notify the secretary of the county equalization board, who shall schedule a hearing, and, if practicable, the hearing shall be held at the convenience of the property owner.

(1) A property owner or an agent of the property owner may personally appear before the county equalization board or pursue the appeal by supplying written documentation as to the adjustment desired.

(2) The property owner or an agent of the property owner shall notify the secretary of the county equalization board, who shall schedule a hearing, and, if practicable, the hearing shall be held at the convenience of the property owner.

(c) (1) The county equalization board shall begin hearing appeals no later than the second Monday in August. (2) On at least one (1) day each week, appeals shall be heard after normal business hours to accommodate working property owners.

(1) The county equalization board shall begin hearing appeals no later than the second Monday in August.

(2) On at least one (1) day each week, appeals shall be heard after normal business hours to accommodate working property owners.

(d) (1) (A) At a hearing before a county equalization board, the county assessor shall first present to the county equalization board any evidence that the county assessor's office or a contracted appraisal company considered when determining the valuation of the property that is the subject of the hearing. (B) After the county assessor has presented the evidence as required in subdivision (d)(1)(A) of this section, the appealing property owner or his or her agent shall present to the county equalization board any evidence that supports a valuation of the property that is different from the valuation set by the county assessor. (C) (i) After the appealing property owner or his or her agent presents evidence under subdivision (d)(1)(B) of this section, the county assessor shall have the opportunity to rebut the evidence presented by the appealing property owner or his or her agent in the proceeding. (ii) If the appealing property owner presents material evidence that has not been provided to the county assessor at least five (5) business days before the hearing, the county equalization board may continue the hearing to a future date in order for the county assessor to review and prepare a response, including without limitation additional evidence. (D) (i) For protests and appeals of commercial and industrial property, operating as such at the time of assessment, any party that intends to offer into evidence a sale or lease transaction as evidence of the value of the property that is the subject of the protest or appeal before the county equalization board shall have an affirmative duty to disclose both of the following at least five (5) days prior to the hearing: (a) Whether the proposed comparable property was occupied or unoccupied at the time of the transaction; and (b) Whether the proposed comparable property was subject to any use, deed, or lease restriction at the time of the transaction that prohibits the property on which a building or structure sits from being used for the purpose for which the building or structure was designed, constructed, altered, renovated, or modified. (ii) (a) The purpose of the disclosure is so that the county equalization board can determine whether the proposed comparable property is similarly situated to the subject property on appeal. (b) If the information required under this section is not disclosed as required under this section, the county assessor shall advise the county equalization board that the failure to disclose the information should be considered a material omission affecting the weight of the evidence. (E) After the evidence has been presented by both parties under this subsection, the county equalization board shall consider all evidence presented at the hearing and make a determination based on evidence presented by the parties to either accept the valuation of the subject property set by the county assessor or raise or lower the valuation of the subject property. (F) (i) Except as necessary during other hearings of the county equalization board for the purpose of comparison or equalization, or both, ex parte communications between members of the county equalization board or between a member of the county equalization board and other persons concerning property on appeal before the county equalization board are prohibited. (ii) However, members of the county equalization board may communicate with the attorneys for the county equalization board and with the secretary for the county equalization board for purposes of scheduling.

(1) (A) At a hearing before a county equalization board, the county assessor shall first present to the county equalization board any evidence that the county assessor's office or a contracted appraisal company considered when determining the valuation of the property that is the subject of the hearing. (B) After the county assessor has presented the evidence as required in subdivision (d)(1)(A) of this section, the appealing property owner or his or her agent shall present to the county equalization board any evidence that supports a valuation of the property that is different from the valuation set by the county assessor. (C) (i) After the appealing property owner or his or her agent presents evidence under subdivision (d)(1)(B) of this section, the county assessor shall have the opportunity to rebut the evidence presented by the appealing property owner or his or her agent in the proceeding. (ii) If the appealing property owner presents material evidence that has not been provided to the county assessor at least five (5) business days before the hearing, the county equalization board may continue the hearing to a future date in order for the county assessor to review and prepare a response, including without limitation additional evidence. (D) (i) For protests and appeals of commercial and industrial property, operating as such at the time of assessment, any party that intends to offer into evidence a sale or lease transaction as evidence of the value of the property that is the subject of the protest or appeal before the county equalization board shall have an affirmative duty to disclose both of the following at least five (5) days prior to the hearing: (a) Whether the proposed comparable property was occupied or unoccupied at the time of the transaction; and (b) Whether the proposed comparable property was subject to any use, deed, or lease restriction at the time of the transaction that prohibits the property on which a building or structure sits from being used for the purpose for which the building or structure was designed, constructed, altered, renovated, or modified. (ii) (a) The purpose of the disclosure is so that the county equalization board can determine whether the proposed comparable property is similarly situated to the subject property on appeal. (b) If the information required under this section is not disclosed as required under this section, the county assessor shall advise the county equalization board that the failure to disclose the information should be considered a material omission affecting the weight of the evidence. (E) After the evidence has been presented by both parties under this subsection, the county equalization board shall consider all evidence presented at the hearing and make a determination based on evidence presented by the parties to either accept the valuation of the subject property set by the county assessor or raise or lower the valuation of the subject property. (F) (i) Except as necessary during other hearings of the county equalization board for the purpose of comparison or equalization, or both, ex parte communications between members of the county equalization board or between a member of the county equalization board and other persons concerning property on appeal before the county equalization board are prohibited. (ii) However, members of the county equalization board may communicate with the attorneys for the county equalization board and with the secretary for the county equalization board for purposes of scheduling.

(A) At a hearing before a county equalization board, the county assessor shall first present to the county equalization board any evidence that the county assessor's office or a contracted appraisal company considered when determining the valuation of the property that is the subject of the hearing.

(B) After the county assessor has presented the evidence as required in subdivision (d)(1)(A) of this section, the appealing property owner or his or her agent shall present to the county equalization board any evidence that supports a valuation of the property that is different from the valuation set by the county assessor.

(C) (i) After the appealing property owner or his or her agent presents evidence under subdivision (d)(1)(B) of this section, the county assessor shall have the opportunity to rebut the evidence presented by the appealing property owner or his or her agent in the proceeding. (ii) If the appealing property owner presents material evidence that has not been provided to the county assessor at least five (5) business days before the hearing, the county equalization board may continue the hearing to a future date in order for the county assessor to review and prepare a response, including without limitation additional evidence.

(i) After the appealing property owner or his or her agent presents evidence under subdivision (d)(1)(B) of this section, the county assessor shall have the opportunity to rebut the evidence presented by the appealing property owner or his or her agent in the proceeding.

(ii) If the appealing property owner presents material evidence that has not been provided to the county assessor at least five (5) business days before the hearing, the county equalization board may continue the hearing to a future date in order for the county assessor to review and prepare a response, including without limitation additional evidence.

(D) (i) For protests and appeals of commercial and industrial property, operating as such at the time of assessment, any party that intends to offer into evidence a sale or lease transaction as evidence of the value of the property that is the subject of the protest or appeal before the county equalization board shall have an affirmative duty to disclose both of the following at least five (5) days prior to the hearing: (a) Whether the proposed comparable property was occupied or unoccupied at the time of the transaction; and (b) Whether the proposed comparable property was subject to any use, deed, or lease restriction at the time of the transaction that prohibits the property on which a building or structure sits from being used for the purpose for which the building or structure was designed, constructed, altered, renovated, or modified. (ii) (a) The purpose of the disclosure is so that the county equalization board can determine whether the proposed comparable property is similarly situated to the subject property on appeal. (b) If the information required under this section is not disclosed as required under this section, the county assessor shall advise the county equalization board that the failure to disclose the information should be considered a material omission affecting the weight of the evidence.

(i) For protests and appeals of commercial and industrial property, operating as such at the time of assessment, any party that intends to offer into evidence a sale or lease transaction as evidence of the value of the property that is the subject of the protest or appeal before the county equalization board shall have an affirmative duty to disclose both of the following at least five (5) days prior to the hearing: (a) Whether the proposed comparable property was occupied or unoccupied at the time of the transaction; and (b) Whether the proposed comparable property was subject to any use, deed, or lease restriction at the time of the transaction that prohibits the property on which a building or structure sits from being used for the purpose for which the building or structure was designed, constructed, altered, renovated, or modified.

(a) Whether the proposed comparable property was occupied or unoccupied at the time of the transaction; and

(b) Whether the proposed comparable property was subject to any use, deed, or lease restriction at the time of the transaction that prohibits the property on which a building or structure sits from being used for the purpose for which the building or structure was designed, constructed, altered, renovated, or modified.

(ii) (a) The purpose of the disclosure is so that the county equalization board can determine whether the proposed comparable property is similarly situated to the subject property on appeal. (b) If the information required under this section is not disclosed as required under this section, the county assessor shall advise the county equalization board that the failure to disclose the information should be considered a material omission affecting the weight of the evidence.

(a) The purpose of the disclosure is so that the county equalization board can determine whether the proposed comparable property is similarly situated to the subject property on appeal.

(b) If the information required under this section is not disclosed as required under this section, the county assessor shall advise the county equalization board that the failure to disclose the information should be considered a material omission affecting the weight of the evidence.

(E) After the evidence has been presented by both parties under this subsection, the county equalization board shall consider all evidence presented at the hearing and make a determination based on evidence presented by the parties to either accept the valuation of the subject property set by the county assessor or raise or lower the valuation of the subject property.

(F) (i) Except as necessary during other hearings of the county equalization board for the purpose of comparison or equalization, or both, ex parte communications between members of the county equalization board or between a member of the county equalization board and other persons concerning property on appeal before the county equalization board are prohibited. (ii) However, members of the county equalization board may communicate with the attorneys for the county equalization board and with the secretary for the county equalization board for purposes of scheduling.

(i) Except as necessary during other hearings of the county equalization board for the purpose of comparison or equalization, or both, ex parte communications between members of the county equalization board or between a member of the county equalization board and other persons concerning property on appeal before the county equalization board are prohibited.

(ii) However, members of the county equalization board may communicate with the attorneys for the county equalization board and with the secretary for the county equalization board for purposes of scheduling.

(e) (1) The county equalization board shall decide the merits of an adjustment of assessment application and notify the property owner of its decision in writing at least ten (10) business days after the hearing. (2) The county equalization board's notification shall include: (A) The county equalization board's decision; (B) The right of the property owner to appeal the county equalization board's decision to the county court; (C) The deadline for petitioning the county court for a hearing; and (D) A statement that a petition filed in county court for a hearing on behalf of a corporation, limited liability company, or other business entity shall be signed and filed by an attorney licensed to practice law in Arkansas.

(1) The county equalization board shall decide the merits of an adjustment of assessment application and notify the property owner of its decision in writing at least ten (10) business days after the hearing.

(2) The county equalization board's notification shall include: (A) The county equalization board's decision; (B) The right of the property owner to appeal the county equalization board's decision to the county court; (C) The deadline for petitioning the county court for a hearing; and (D) A statement that a petition filed in county court for a hearing on behalf of a corporation, limited liability company, or other business entity shall be signed and filed by an attorney licensed to practice law in Arkansas.

(A) The county equalization board's decision;

(B) The right of the property owner to appeal the county equalization board's decision to the county court;

(C) The deadline for petitioning the county court for a hearing; and

(D) A statement that a petition filed in county court for a hearing on behalf of a corporation, limited liability company, or other business entity shall be signed and filed by an attorney licensed to practice law in Arkansas.

Amended by Act 2019, No. 737,§ 1, eff. 7/1/2019.

Amended by Act 2019, No. 509,§ 1, eff. for assessment years beginning on or after 1/1/2019.

Amended by Act 2017, No. 659,§ 4, eff. 8/1/2017.

Amended by Act 2017, No. 162,§ 2, eff. 8/1/2017.

Acts 1919, No. 147, § 11; C. & M. Dig., § 9911; Acts 1929, No. 172, § 30; Pope's Dig., § 13671; Acts 1951, No. 367, § 1; A.S.A. 1947, § 84-708; Acts 1999, No. 572, § 4; 1999, No. 1326, § 8; 2001, No. 1567, § 2; 2009, No. 276, § 1.
Ark. Code Ann. § 26-51-430 — AR Code / Title 26 / Chapter 51 / Subchapter 4 / Section 26-51-430
Deductions - Standard deduction - Definition
Status: in_force

(a) (1) In lieu of itemizing deductions, each taxpayer may elect to use the standard deduction. (2) In the case of a married couple, both spouses must elect to use the standard deduction or both spouses must claim itemized deductions, without regard to whether the spouses file separate returns or file separately on the same return. (b) (1) The standard deduction shall be: (A) For the tax year beginning January 1, 2014, two thousand dollars ($2,000) per taxpayer; and (B) For tax years beginning on and after January 1, 2015, two thousand two hundred dollars ($2,200) per taxpayer. (2) In the case of a married couple, each spouse shall be entitled to claim a standard deduction of: (A) For the tax year beginning January 1, 2014, two thousand dollars ($2,000); and (B) For tax years beginning on and after January 1, 2015, two thousand two hundred dollars ($2,200). (c) (1) The Secretary of the Department of Finance and Administration shall increase annually the standard deduction provided under subsection (b) of this section by the cost-of-living adjustment for the current calendar year, rounding the amount to the nearest ten dollars ($10.00). (2) (A) (i) For purposes of subdivision (c)(1) of this section, the cost-of-living adjustment for a calendar year is the percentage, if any, by which the Consumer Price Index for the current calendar year exceeds the Consumer Price Index for the preceding calendar year, not to exceed three percent (3%). (ii) If the Consumer Price Index for the current calendar year does not exceed the Consumer Price Index for the preceding calendar year, the standard deduction shall not be adjusted under this subsection for that year. (B) The Consumer Price Index for a calendar year is the average of the Consumer Price Index as of the close of the twelve-month period ending on August 31 of that calendar year. (C) As used in this subsection, "Consumer Price Index" means the most recent Consumer Price Index for All Urban Consumers published by the United States Department of Labor. Amended by Act 2021EX2, No. 2,§ 9, eff. for tax years beginning on or after January 1, 2022. Amended by Act 2021EX2, No. 1,§ 9, eff. for tax years beginning on or after January 1, 2022. Amended by Act 2013, No. 1488,§ 1, eff. for tax years beginning on and after January 1, 2014. Acts 1929, No. 118, Art. 3, § 13; Pope's Dig., § 14036; Acts 1951, No. 124, § 1; 1957, No. 147, § 1; A.S.A. 1947, § 84-2016; Acts 1997, No. 328, § 1; 2003, No. 997, § 1.

(a) (1) In lieu of itemizing deductions, each taxpayer may elect to use the standard deduction. (2) In the case of a married couple, both spouses must elect to use the standard deduction or both spouses must claim itemized deductions, without regard to whether the spouses file separate returns or file separately on the same return.

(1) In lieu of itemizing deductions, each taxpayer may elect to use the standard deduction.

(2) In the case of a married couple, both spouses must elect to use the standard deduction or both spouses must claim itemized deductions, without regard to whether the spouses file separate returns or file separately on the same return.

(b) (1) The standard deduction shall be: (A) For the tax year beginning January 1, 2014, two thousand dollars ($2,000) per taxpayer; and (B) For tax years beginning on and after January 1, 2015, two thousand two hundred dollars ($2,200) per taxpayer. (2) In the case of a married couple, each spouse shall be entitled to claim a standard deduction of: (A) For the tax year beginning January 1, 2014, two thousand dollars ($2,000); and (B) For tax years beginning on and after January 1, 2015, two thousand two hundred dollars ($2,200).

(1) The standard deduction shall be: (A) For the tax year beginning January 1, 2014, two thousand dollars ($2,000) per taxpayer; and (B) For tax years beginning on and after January 1, 2015, two thousand two hundred dollars ($2,200) per taxpayer.

(A) For the tax year beginning January 1, 2014, two thousand dollars ($2,000) per taxpayer; and

(B) For tax years beginning on and after January 1, 2015, two thousand two hundred dollars ($2,200) per taxpayer.

(2) In the case of a married couple, each spouse shall be entitled to claim a standard deduction of: (A) For the tax year beginning January 1, 2014, two thousand dollars ($2,000); and (B) For tax years beginning on and after January 1, 2015, two thousand two hundred dollars ($2,200).

(A) For the tax year beginning January 1, 2014, two thousand dollars ($2,000); and

(B) For tax years beginning on and after January 1, 2015, two thousand two hundred dollars ($2,200).

(c) (1) The Secretary of the Department of Finance and Administration shall increase annually the standard deduction provided under subsection (b) of this section by the cost-of-living adjustment for the current calendar year, rounding the amount to the nearest ten dollars ($10.00). (2) (A) (i) For purposes of subdivision (c)(1) of this section, the cost-of-living adjustment for a calendar year is the percentage, if any, by which the Consumer Price Index for the current calendar year exceeds the Consumer Price Index for the preceding calendar year, not to exceed three percent (3%). (ii) If the Consumer Price Index for the current calendar year does not exceed the Consumer Price Index for the preceding calendar year, the standard deduction shall not be adjusted under this subsection for that year. (B) The Consumer Price Index for a calendar year is the average of the Consumer Price Index as of the close of the twelve-month period ending on August 31 of that calendar year. (C) As used in this subsection, "Consumer Price Index" means the most recent Consumer Price Index for All Urban Consumers published by the United States Department of Labor.

(1) The Secretary of the Department of Finance and Administration shall increase annually the standard deduction provided under subsection (b) of this section by the cost-of-living adjustment for the current calendar year, rounding the amount to the nearest ten dollars ($10.00).

(2) (A) (i) For purposes of subdivision (c)(1) of this section, the cost-of-living adjustment for a calendar year is the percentage, if any, by which the Consumer Price Index for the current calendar year exceeds the Consumer Price Index for the preceding calendar year, not to exceed three percent (3%). (ii) If the Consumer Price Index for the current calendar year does not exceed the Consumer Price Index for the preceding calendar year, the standard deduction shall not be adjusted under this subsection for that year. (B) The Consumer Price Index for a calendar year is the average of the Consumer Price Index as of the close of the twelve-month period ending on August 31 of that calendar year. (C) As used in this subsection, "Consumer Price Index" means the most recent Consumer Price Index for All Urban Consumers published by the United States Department of Labor.

(A) (i) For purposes of subdivision (c)(1) of this section, the cost-of-living adjustment for a calendar year is the percentage, if any, by which the Consumer Price Index for the current calendar year exceeds the Consumer Price Index for the preceding calendar year, not to exceed three percent (3%). (ii) If the Consumer Price Index for the current calendar year does not exceed the Consumer Price Index for the preceding calendar year, the standard deduction shall not be adjusted under this subsection for that year.

(i) For purposes of subdivision (c)(1) of this section, the cost-of-living adjustment for a calendar year is the percentage, if any, by which the Consumer Price Index for the current calendar year exceeds the Consumer Price Index for the preceding calendar year, not to exceed three percent (3%).

(ii) If the Consumer Price Index for the current calendar year does not exceed the Consumer Price Index for the preceding calendar year, the standard deduction shall not be adjusted under this subsection for that year.

(B) The Consumer Price Index for a calendar year is the average of the Consumer Price Index as of the close of the twelve-month period ending on August 31 of that calendar year.

(C) As used in this subsection, "Consumer Price Index" means the most recent Consumer Price Index for All Urban Consumers published by the United States Department of Labor.

Amended by Act 2021EX2, No. 2,§ 9, eff. for tax years beginning on or after January 1, 2022.

Amended by Act 2021EX2, No. 1,§ 9, eff. for tax years beginning on or after January 1, 2022.

Amended by Act 2013, No. 1488,§ 1, eff. for tax years beginning on and after January 1, 2014.

Acts 1929, No. 118, Art. 3, § 13; Pope's Dig., § 14036; Acts 1951, No. 124, § 1; 1957, No. 147, § 1; A.S.A. 1947, § 84-2016; Acts 1997, No. 328, § 1; 2003, No. 997, § 1.
Ark. Code Ann. § 26-53-135 — AR Code / Title 26 / Chapter 53 / Subchapter 1 / Section 26-53-135
Exemption for sales to Community Services Clearinghouse, Inc., of Fort Smith
Status: in_force

The gross receipts or gross proceeds derived from sales to the Community Services Clearinghouse, Inc., of Fort Smith are hereafter exempt from: (1) The Arkansas gross receipts tax levied by §§ 26-52-301 , 26-52-302 , and 26-63-402 ; (2) The Arkansas compensating use tax levied by §§ 26-53-106 and 26-53-107 ; and (3) All city and county sales and use taxes. Acts 1993, No. 913, § 1; 2007, No. 182, § 25.

The gross receipts or gross proceeds derived from sales to the Community Services Clearinghouse, Inc., of Fort Smith are hereafter exempt from:

(1) The Arkansas gross receipts tax levied by §§ 26-52-301 , 26-52-302 , and 26-63-402 ;

(2) The Arkansas compensating use tax levied by §§ 26-53-106 and 26-53-107 ; and

(3) All city and county sales and use taxes.

Acts 1993, No. 913, § 1; 2007, No. 182, § 25.
Ark. Code Ann. § 26-51-1304 — AR Code / Title 26 / Chapter 51 / Subchapter 13 / Section 26-51-1304
Administration
Status: in_force

This subchapter shall be administered in accordance with the Arkansas Tax Procedure Act, § 26-18-101 et seq. Acts 1987, No. 899, § 7.

This subchapter shall be administered in accordance with the Arkansas Tax Procedure Act, § 26-18-101 et seq.

Acts 1987, No. 899, § 7.
Ark. Code Ann. § 26-52-442 — AR Code / Title 26 / Chapter 52 / Subchapter 4 / Section 26-52-442
Thermal imaging equipment
Status: in_force

The gross receipts or gross proceeds derived from the sale of thermal imaging equipment purchased by a county government for use by law enforcement aircraft are exempt from the: (1) Gross receipts tax levied by this chapter; and (2) Compensating use tax levied by the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq. Acts 2009, No. 767, § 1.

The gross receipts or gross proceeds derived from the sale of thermal imaging equipment purchased by a county government for use by law enforcement aircraft are exempt from the:

(1) Gross receipts tax levied by this chapter; and

(2) Compensating use tax levied by the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.

Acts 2009, No. 767, § 1.
Ark. Code Ann. § 26-59-116 — AR Code / Title 26 / Chapter 59 / Section 26-59-116
Payment of tax - Reimbursement to person paying tax
Status: in_force

(a) If the tax or any part thereof is paid or collected out of that part of the estate passing to or in possession of any person other than the executor in his or her capacity as such, the person shall be entitled to a reimbursement out of any part of the estate still undistributed or by a just and equitable contribution by the person whose interest in the estate of the decedent would have been reduced if the tax had been paid before the distribution of the estate or whose interest in the estate is subject to an equal or prior liability for the payment of tax, debts, or other charges against the estate. (b) It is the purpose and intent of this section that insofar as is practical and unless otherwise directed by the will of the decedent, the tax shall be paid out of the estate before its distribution. However, the Secretary of the Department of Finance and Administration shall not be charged with enforcing contribution from any person. Amended by Act 2019, No. 910,§ 4286, eff. 7/1/2019. Acts 1941, No. 136, § 32; A.S.A. 1947, § 63-131.

(a) If the tax or any part thereof is paid or collected out of that part of the estate passing to or in possession of any person other than the executor in his or her capacity as such, the person shall be entitled to a reimbursement out of any part of the estate still undistributed or by a just and equitable contribution by the person whose interest in the estate of the decedent would have been reduced if the tax had been paid before the distribution of the estate or whose interest in the estate is subject to an equal or prior liability for the payment of tax, debts, or other charges against the estate.

(b) It is the purpose and intent of this section that insofar as is practical and unless otherwise directed by the will of the decedent, the tax shall be paid out of the estate before its distribution. However, the Secretary of the Department of Finance and Administration shall not be charged with enforcing contribution from any person.

Amended by Act 2019, No. 910,§ 4286, eff. 7/1/2019.

Acts 1941, No. 136, § 32; A.S.A. 1947, § 63-131.
Ark. Code Ann. § 26-53-102 — AR Code / Title 26 / Chapter 53 / Subchapter 1 / Section 26-53-102
Definitions
Status: in_force

As used in this subchapter: (1) "Alcoholic beverage" means a beverage that is suitable for human consumption and contains five-tenths of one percent (0.5%) or more of alcohol by volume; (2) (A) "Bundled transaction" means a retail sale of two (2) or more products, except real property and services to real property, in which: (i) The products are otherwise distinct and identifiable; and (ii) The products are sold for one (1) nonitemized price. (B) "Bundled transaction" does not include the sale of any product in which the sales price varies or is negotiable based on the selection by the purchaser of the products included in the transaction. (C) The Department of Finance and Administration shall promulgate rules to implement this subdivision (2); (3) (A) "Candy" means a preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruits, nuts, or other ingredients or flavorings in the form of bars, drops, or pieces. (B) "Candy" shall not include a preparation containing flour and shall require no refrigeration; (4) "Dietary supplement" means any product, other than tobacco, intended to supplement the diet that: (A) Contains one (1) or more of the following dietary ingredients: (i) A vitamin; (ii) A mineral; (iii) An herb or other botanical; (iv) An amino acid; (v) A dietary substance for use by humans to supplement the diet by increasing the total dietary intake; or (vi) A concentrate, metabolite, constituent, extract, or combination of any ingredient described in this subdivision (4)(A) and is intended for ingestion in tablet, capsule, powder, softgel, gelcap, or liquid form, or if not intended for ingestion in that form, is not represented as conventional food and is not represented for use as a sole item of a meal or of the diet; and (B) Is required to be labeled as a dietary supplement, identifiable by the "Supplement Facts" box found on the label and as required pursuant to 21 C.F.R. § 101.36 , as in effect on January 1, 2007; (5) "Digital audio works" means works that result from the fixation of a series of musical, spoken, or other sounds, including ringtones; (6) "Digital audio-visual works" means a series of related images that, when shown in succession, impart an impression of motion, together with accompanying sounds, if any; (7) "Digital books" means works that are generally recognized in the ordinary and usual sense as "books"; (8) "Digital code" means a code that: (A) Provides a purchaser with a right to obtain one (1) or more specified digital products; and (B) May be obtained by any means, including email or tangible means, regardless of its designation as a song code, video code, or book code; (9) (A) "End user" means a person who purchases specified digital products or the code for specified digital products for his or her own use or for the purpose of giving away the product or code. (B) "End user" does not include a person who receives by contract a product transferred electronically for further commercial broadcast, rebroadcast, transmission, retransmission, licensing, relicensing, distribution, redistribution, or exhibition of the product, in whole or in part, to another person or persons; (10) (A) "Food" and "food ingredients" mean substances, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that are sold for ingestion or chewing by humans and are consumed for their taste or nutritional value. (B) "Food" and "food ingredients" do not include candy, a soft drink, an alcoholic beverage, tobacco, or a dietary supplement; (11) "In this state" or "in the state" or "within this state" means within the exterior limits of the State of Arkansas and includes all territory within those limits owned by or ceded to the United States of America; (12) "Motor vehicle" means a vehicle that is self-propelled and is required to be registered for use on the highway; (13) "Person" means any individual, partnership, limited liability company, limited liability partnership, corporation, estate, trust, fiduciary, or any other legal entity; (14) "Prepared food" means: (A) Food sold in a heated state or heated by the seller; (B) Two (2) or more food ingredients mixed or combined by the seller for sale as a single item; or (C) (i) Food sold with an eating utensil provided by the seller, including a plate, knife, fork, spoon, glass, cup, napkin, or straw. (ii) As used in subdivision (14)(C)(i) of this section, "plate" does not include a container or packaging used to transport the food; (15) (A) "Purchase" means the sale of tangible personal property, specified digital products, a digital code, or taxable services by a vendor to a person for the purpose of storage, use, distribution, or consumption in this state. (B) (i) "Purchase" also includes any withdrawal of tangible personal property, specified digital products, or a digital code from a stock or reserve maintained outside of the state by a person and subsequently brought into this state and thereafter stored, consumed, distributed, or used by that person or by any other person. (ii) In such an event, the tax shall be computed on the value of the tangible personal property, specified digital products, or digital code at the time it is brought into this state. (C) No tax shall be computed to the extent that a withdrawal consists of carbonaceous materials such as petroleum coke or carbon anodes that are to be directly used or consumed in the electrolytic reduction process of producing tangible personal property for ultimate sale at retail; (16) "Purchaser" means a person to whom a sale of tangible personal property, specified digital products, or a digital code is made or to whom a taxable service is furnished; (17) "Ringtones" means digitized sound files that: (A) Are downloaded onto a device; and (B) May be used to alert the customer with respect to a communication; (18) (A) "Sale" means a transfer, barter, or exchange of the title or ownership of tangible personal property, specified digital products, a digital code, or taxable services or the right to use, store, distribute, or consume the tangible personal property, specified digital products, a digital code, or taxable services for a consideration paid or to be paid in installments or otherwise and includes any transaction whether called leases, rentals, bailments, loans, conditional sales, or otherwise, notwithstanding that the title or possession of the property, or both, is retained for security. (B) For the purpose of this subchapter, the sale of tangible personal property, specified digital products, a digital code, or taxable services shall be sourced according to §§ 26-52-521 - 26-52-523 ; (19) (A) "Sales price" or "purchase price" means the total amount of consideration, including cash, credit, property, and services, for which tangible personal property, specified digital products, a digital code, or services are sold, leased, or rented, valued in money, whether received in money or otherwise, without any deduction for the following: (i) The seller's cost of the property sold; (ii) The cost of materials used, labor or service cost, interest, losses, all costs of transportation to the seller, all taxes imposed on the seller, and any other expense of the seller; (iii) A charge by the seller for any service necessary to complete the sale, other than a delivery or installation charge; (iv) Delivery charge; (v) (a) Installation charge. (b) However, installation charges shall not be included in the sales price if they are not a specifically taxable service under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., or this subchapter and the installation charges have been separately stated on the invoice, billing, or similar document given to the purchaser; or (vi) Credit for any trade-in. (B) "Sales price" or "purchase price" does not include: (i) A discount, including cash, term, or a coupon that is not reimbursed by a third party and that is allowed by a seller and taken by a purchaser on a sale; (ii) Interest, financing, and carrying charges from credit extended on the sale of tangible personal property, specified digital products, a digital code, or services if the amount is separately stated on the invoice, bill of sale, or similar document given to the purchaser; and (iii) Any tax legally imposed directly on the consumer that is separately stated on the invoice, bill of sale, or similar document given to the purchaser; (20) "Seller" means a person making a sale, lease, or rental of tangible personal property, specified digital products, a digital code, or services; (21) (A) "Soft drink" means a nonalcoholic beverage that contains natural or artificial sweeteners. (B) "Soft drink" does not include a beverage that contains milk or milk products, soy, rice, or similar milk substitutes, or that is greater than fifty percent (50%) of vegetable or fruit juice by volume; (22) "Specified digital products" means the following when transferred electronically: (A) Digital audio works; (B) Digital audio-visual works; and (C) Digital books; (23) "Storage" means any keeping or retention in this state of tangible personal property, specified digital products, a digital code, or taxable services purchased from a vendor for any purpose except sale or subsequent use solely outside this state; (24) (A) "Tangible personal property" means personal property that may be seen, weighed, measured, felt, or touched or is in any other manner perceptible to the senses. (B) "Tangible personal property" includes electricity, water, gas, steam, and prewritten computer software. (C) "Tangible personal property" does not include specified digital products or digital codes; (25) "Taxable service" means a service that is taxable under this subchapter or the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq.; (26) "Taxpayer" means any person remitting the tax or who should remit the tax or should have remitted the tax levied by this subchapter; (27) "Tobacco" means a cigarette, cigar, chewing or pipe tobacco, or any other item that contains tobacco; (28) "Transferred electronically" means obtained by the purchaser by means other than tangible storage media; (29) (A) "Use", with respect to tangible personal property, specified digital products, or a digital code, means the exercise of any right or power over tangible personal property, specified digital products, or a digital code incident to the ownership or control of that tangible personal property, specified digital product, or digital code except that it does not include the sale of that tangible personal property, specified digital product, or digital code in the regular course of business. (B) With respect to a taxable service, "use" means the privilege of using the service, enjoyment of the service, or the first act within this state by which the purchaser takes or assumes dominion or control over the service or the tangible personal property, specified digital products, or digital code upon which the service was performed; and (30) (A) (i) "Vendor" means a person engaged in making sales of tangible personal property, specified digital products, digital codes, or taxable services by mail order, by advertising, or by agent, by peddling tangible personal property, specified digital products, a digital code, or taxable services, by soliciting, or by taking orders for such sales for storage, use, distribution, or consumption in this state. (ii) "Vendor" includes all salespersons, solicitors, hawkers, representatives, consignees, peddlers, or canvassers as agents of the dealers, distributors, consignors, supervisors, principals, or employers under whom they operate or from whom they obtain the tangible personal property, specified digital products, digital code, or taxable services sold by them. (B) Regardless of whether a person is making sales on his or her own behalf or on behalf of dealers, distributors, consignors, supervisors, principals, or employers, the person must be regarded as a vendor, and the dealers, distributors, consignors, supervisors, principals, or employers must be regarded as vendors for purposes of this subchapter. Amended by Act 2019, No. 910,§ 3895, eff. 7/1/2019. Amended by Act 2017, No. 141,§ §44-47, eff. for tax years beginning on and after 1/1/2018. Acts 1949, No. 487, § 4; 1961, No. 43, §§ 1, 2; 1983, No. 829, § 1; 1985, No. 999, § 1; A.S.A. 1947, §§ 84-3104, 84-3104n; Acts 1995, No. 1160, § 22; 2003, No. 1273, § 12; 2007, No. 181, § 31; 2009, No. 384, §§ 11, 12; 2009, No. 655, § 28.

As used in this subchapter:

(1) "Alcoholic beverage" means a beverage that is suitable for human consumption and contains five-tenths of one percent (0.5%) or more of alcohol by volume;

(2) (A) "Bundled transaction" means a retail sale of two (2) or more products, except real property and services to real property, in which: (i) The products are otherwise distinct and identifiable; and (ii) The products are sold for one (1) nonitemized price. (B) "Bundled transaction" does not include the sale of any product in which the sales price varies or is negotiable based on the selection by the purchaser of the products included in the transaction. (C) The Department of Finance and Administration shall promulgate rules to implement this subdivision (2);

(A) "Bundled transaction" means a retail sale of two (2) or more products, except real property and services to real property, in which: (i) The products are otherwise distinct and identifiable; and (ii) The products are sold for one (1) nonitemized price.

(i) The products are otherwise distinct and identifiable; and

(ii) The products are sold for one (1) nonitemized price.

(B) "Bundled transaction" does not include the sale of any product in which the sales price varies or is negotiable based on the selection by the purchaser of the products included in the transaction.

(C) The Department of Finance and Administration shall promulgate rules to implement this subdivision (2);

(3) (A) "Candy" means a preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruits, nuts, or other ingredients or flavorings in the form of bars, drops, or pieces. (B) "Candy" shall not include a preparation containing flour and shall require no refrigeration;

(A) "Candy" means a preparation of sugar, honey, or other natural or artificial sweeteners in combination with chocolate, fruits, nuts, or other ingredients or flavorings in the form of bars, drops, or pieces.

(B) "Candy" shall not include a preparation containing flour and shall require no refrigeration;

(4) "Dietary supplement" means any product, other than tobacco, intended to supplement the diet that: (A) Contains one (1) or more of the following dietary ingredients: (i) A vitamin; (ii) A mineral; (iii) An herb or other botanical; (iv) An amino acid; (v) A dietary substance for use by humans to supplement the diet by increasing the total dietary intake; or (vi) A concentrate, metabolite, constituent, extract, or combination of any ingredient described in this subdivision (4)(A) and is intended for ingestion in tablet, capsule, powder, softgel, gelcap, or liquid form, or if not intended for ingestion in that form, is not represented as conventional food and is not represented for use as a sole item of a meal or of the diet; and (B) Is required to be labeled as a dietary supplement, identifiable by the "Supplement Facts" box found on the label and as required pursuant to 21 C.F.R. § 101.36 , as in effect on January 1, 2007;

(A) Contains one (1) or more of the following dietary ingredients: (i) A vitamin; (ii) A mineral; (iii) An herb or other botanical; (iv) An amino acid; (v) A dietary substance for use by humans to supplement the diet by increasing the total dietary intake; or (vi) A concentrate, metabolite, constituent, extract, or combination of any ingredient described in this subdivision (4)(A) and is intended for ingestion in tablet, capsule, powder, softgel, gelcap, or liquid form, or if not intended for ingestion in that form, is not represented as conventional food and is not represented for use as a sole item of a meal or of the diet; and

(i) A vitamin;

(ii) A mineral;

(iii) An herb or other botanical;

(iv) An amino acid;

(v) A dietary substance for use by humans to supplement the diet by increasing the total dietary intake; or

(vi) A concentrate, metabolite, constituent, extract, or combination of any ingredient described in this subdivision (4)(A) and is intended for ingestion in tablet, capsule, powder, softgel, gelcap, or liquid form, or if not intended for ingestion in that form, is not represented as conventional food and is not represented for use as a sole item of a meal or of the diet; and

(B) Is required to be labeled as a dietary supplement, identifiable by the "Supplement Facts" box found on the label and as required pursuant to 21 C.F.R. § 101.36 , as in effect on January 1, 2007;

(5) "Digital audio works" means works that result from the fixation of a series of musical, spoken, or other sounds, including ringtones;

(6) "Digital audio-visual works" means a series of related images that, when shown in succession, impart an impression of motion, together with accompanying sounds, if any;

(7) "Digital books" means works that are generally recognized in the ordinary and usual sense as "books";

(8) "Digital code" means a code that: (A) Provides a purchaser with a right to obtain one (1) or more specified digital products; and (B) May be obtained by any means, including email or tangible means, regardless of its designation as a song code, video code, or book code;

(A) Provides a purchaser with a right to obtain one (1) or more specified digital products; and

(B) May be obtained by any means, including email or tangible means, regardless of its designation as a song code, video code, or book code;

(9) (A) "End user" means a person who purchases specified digital products or the code for specified digital products for his or her own use or for the purpose of giving away the product or code. (B) "End user" does not include a person who receives by contract a product transferred electronically for further commercial broadcast, rebroadcast, transmission, retransmission, licensing, relicensing, distribution, redistribution, or exhibition of the product, in whole or in part, to another person or persons;

(A) "End user" means a person who purchases specified digital products or the code for specified digital products for his or her own use or for the purpose of giving away the product or code.

(B) "End user" does not include a person who receives by contract a product transferred electronically for further commercial broadcast, rebroadcast, transmission, retransmission, licensing, relicensing, distribution, redistribution, or exhibition of the product, in whole or in part, to another person or persons;

(10) (A) "Food" and "food ingredients" mean substances, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that are sold for ingestion or chewing by humans and are consumed for their taste or nutritional value. (B) "Food" and "food ingredients" do not include candy, a soft drink, an alcoholic beverage, tobacco, or a dietary supplement;

(A) "Food" and "food ingredients" mean substances, whether in liquid, concentrated, solid, frozen, dried, or dehydrated form, that are sold for ingestion or chewing by humans and are consumed for their taste or nutritional value.

(B) "Food" and "food ingredients" do not include candy, a soft drink, an alcoholic beverage, tobacco, or a dietary supplement;

(11) "In this state" or "in the state" or "within this state" means within the exterior limits of the State of Arkansas and includes all territory within those limits owned by or ceded to the United States of America;

(12) "Motor vehicle" means a vehicle that is self-propelled and is required to be registered for use on the highway;

(13) "Person" means any individual, partnership, limited liability company, limited liability partnership, corporation, estate, trust, fiduciary, or any other legal entity;

(14) "Prepared food" means: (A) Food sold in a heated state or heated by the seller; (B) Two (2) or more food ingredients mixed or combined by the seller for sale as a single item; or (C) (i) Food sold with an eating utensil provided by the seller, including a plate, knife, fork, spoon, glass, cup, napkin, or straw. (ii) As used in subdivision (14)(C)(i) of this section, "plate" does not include a container or packaging used to transport the food;

(A) Food sold in a heated state or heated by the seller;

(B) Two (2) or more food ingredients mixed or combined by the seller for sale as a single item; or

(C) (i) Food sold with an eating utensil provided by the seller, including a plate, knife, fork, spoon, glass, cup, napkin, or straw. (ii) As used in subdivision (14)(C)(i) of this section, "plate" does not include a container or packaging used to transport the food;

(i) Food sold with an eating utensil provided by the seller, including a plate, knife, fork, spoon, glass, cup, napkin, or straw.

(ii) As used in subdivision (14)(C)(i) of this section, "plate" does not include a container or packaging used to transport the food;

(15) (A) "Purchase" means the sale of tangible personal property, specified digital products, a digital code, or taxable services by a vendor to a person for the purpose of storage, use, distribution, or consumption in this state. (B) (i) "Purchase" also includes any withdrawal of tangible personal property, specified digital products, or a digital code from a stock or reserve maintained outside of the state by a person and subsequently brought into this state and thereafter stored, consumed, distributed, or used by that person or by any other person. (ii) In such an event, the tax shall be computed on the value of the tangible personal property, specified digital products, or digital code at the time it is brought into this state. (C) No tax shall be computed to the extent that a withdrawal consists of carbonaceous materials such as petroleum coke or carbon anodes that are to be directly used or consumed in the electrolytic reduction process of producing tangible personal property for ultimate sale at retail;

(A) "Purchase" means the sale of tangible personal property, specified digital products, a digital code, or taxable services by a vendor to a person for the purpose of storage, use, distribution, or consumption in this state.

(B) (i) "Purchase" also includes any withdrawal of tangible personal property, specified digital products, or a digital code from a stock or reserve maintained outside of the state by a person and subsequently brought into this state and thereafter stored, consumed, distributed, or used by that person or by any other person. (ii) In such an event, the tax shall be computed on the value of the tangible personal property, specified digital products, or digital code at the time it is brought into this state.

(i) "Purchase" also includes any withdrawal of tangible personal property, specified digital products, or a digital code from a stock or reserve maintained outside of the state by a person and subsequently brought into this state and thereafter stored, consumed, distributed, or used by that person or by any other person.

(ii) In such an event, the tax shall be computed on the value of the tangible personal property, specified digital products, or digital code at the time it is brought into this state.

(C) No tax shall be computed to the extent that a withdrawal consists of carbonaceous materials such as petroleum coke or carbon anodes that are to be directly used or consumed in the electrolytic reduction process of producing tangible personal property for ultimate sale at retail;

(16) "Purchaser" means a person to whom a sale of tangible personal property, specified digital products, or a digital code is made or to whom a taxable service is furnished;

(17) "Ringtones" means digitized sound files that: (A) Are downloaded onto a device; and (B) May be used to alert the customer with respect to a communication;

(A) Are downloaded onto a device; and

(B) May be used to alert the customer with respect to a communication;

(18) (A) "Sale" means a transfer, barter, or exchange of the title or ownership of tangible personal property, specified digital products, a digital code, or taxable services or the right to use, store, distribute, or consume the tangible personal property, specified digital products, a digital code, or taxable services for a consideration paid or to be paid in installments or otherwise and includes any transaction whether called leases, rentals, bailments, loans, conditional sales, or otherwise, notwithstanding that the title or possession of the property, or both, is retained for security. (B) For the purpose of this subchapter, the sale of tangible personal property, specified digital products, a digital code, or taxable services shall be sourced according to §§ 26-52-521 - 26-52-523 ;

(A) "Sale" means a transfer, barter, or exchange of the title or ownership of tangible personal property, specified digital products, a digital code, or taxable services or the right to use, store, distribute, or consume the tangible personal property, specified digital products, a digital code, or taxable services for a consideration paid or to be paid in installments or otherwise and includes any transaction whether called leases, rentals, bailments, loans, conditional sales, or otherwise, notwithstanding that the title or possession of the property, or both, is retained for security.

(B) For the purpose of this subchapter, the sale of tangible personal property, specified digital products, a digital code, or taxable services shall be sourced according to §§ 26-52-521 - 26-52-523 ;

(19) (A) "Sales price" or "purchase price" means the total amount of consideration, including cash, credit, property, and services, for which tangible personal property, specified digital products, a digital code, or services are sold, leased, or rented, valued in money, whether received in money or otherwise, without any deduction for the following: (i) The seller's cost of the property sold; (ii) The cost of materials used, labor or service cost, interest, losses, all costs of transportation to the seller, all taxes imposed on the seller, and any other expense of the seller; (iii) A charge by the seller for any service necessary to complete the sale, other than a delivery or installation charge; (iv) Delivery charge; (v) (a) Installation charge. (b) However, installation charges shall not be included in the sales price if they are not a specifically taxable service under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., or this subchapter and the installation charges have been separately stated on the invoice, billing, or similar document given to the purchaser; or (vi) Credit for any trade-in. (B) "Sales price" or "purchase price" does not include: (i) A discount, including cash, term, or a coupon that is not reimbursed by a third party and that is allowed by a seller and taken by a purchaser on a sale; (ii) Interest, financing, and carrying charges from credit extended on the sale of tangible personal property, specified digital products, a digital code, or services if the amount is separately stated on the invoice, bill of sale, or similar document given to the purchaser; and (iii) Any tax legally imposed directly on the consumer that is separately stated on the invoice, bill of sale, or similar document given to the purchaser;

(A) "Sales price" or "purchase price" means the total amount of consideration, including cash, credit, property, and services, for which tangible personal property, specified digital products, a digital code, or services are sold, leased, or rented, valued in money, whether received in money or otherwise, without any deduction for the following: (i) The seller's cost of the property sold; (ii) The cost of materials used, labor or service cost, interest, losses, all costs of transportation to the seller, all taxes imposed on the seller, and any other expense of the seller; (iii) A charge by the seller for any service necessary to complete the sale, other than a delivery or installation charge; (iv) Delivery charge; (v) (a) Installation charge. (b) However, installation charges shall not be included in the sales price if they are not a specifically taxable service under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., or this subchapter and the installation charges have been separately stated on the invoice, billing, or similar document given to the purchaser; or (vi) Credit for any trade-in.

(i) The seller's cost of the property sold;

(ii) The cost of materials used, labor or service cost, interest, losses, all costs of transportation to the seller, all taxes imposed on the seller, and any other expense of the seller;

(iii) A charge by the seller for any service necessary to complete the sale, other than a delivery or installation charge;

(iv) Delivery charge;

(v) (a) Installation charge. (b) However, installation charges shall not be included in the sales price if they are not a specifically taxable service under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., or this subchapter and the installation charges have been separately stated on the invoice, billing, or similar document given to the purchaser; or

(a) Installation charge.

(b) However, installation charges shall not be included in the sales price if they are not a specifically taxable service under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., or this subchapter and the installation charges have been separately stated on the invoice, billing, or similar document given to the purchaser; or

(vi) Credit for any trade-in.

(B) "Sales price" or "purchase price" does not include: (i) A discount, including cash, term, or a coupon that is not reimbursed by a third party and that is allowed by a seller and taken by a purchaser on a sale; (ii) Interest, financing, and carrying charges from credit extended on the sale of tangible personal property, specified digital products, a digital code, or services if the amount is separately stated on the invoice, bill of sale, or similar document given to the purchaser; and (iii) Any tax legally imposed directly on the consumer that is separately stated on the invoice, bill of sale, or similar document given to the purchaser;

(i) A discount, including cash, term, or a coupon that is not reimbursed by a third party and that is allowed by a seller and taken by a purchaser on a sale;

(ii) Interest, financing, and carrying charges from credit extended on the sale of tangible personal property, specified digital products, a digital code, or services if the amount is separately stated on the invoice, bill of sale, or similar document given to the purchaser; and

(iii) Any tax legally imposed directly on the consumer that is separately stated on the invoice, bill of sale, or similar document given to the purchaser;

(20) "Seller" means a person making a sale, lease, or rental of tangible personal property, specified digital products, a digital code, or services;

(21) (A) "Soft drink" means a nonalcoholic beverage that contains natural or artificial sweeteners. (B) "Soft drink" does not include a beverage that contains milk or milk products, soy, rice, or similar milk substitutes, or that is greater than fifty percent (50%) of vegetable or fruit juice by volume;

(A) "Soft drink" means a nonalcoholic beverage that contains natural or artificial sweeteners.

(B) "Soft drink" does not include a beverage that contains milk or milk products, soy, rice, or similar milk substitutes, or that is greater than fifty percent (50%) of vegetable or fruit juice by volume;

(22) "Specified digital products" means the following when transferred electronically: (A) Digital audio works; (B) Digital audio-visual works; and (C) Digital books;

(A) Digital audio works;

(B) Digital audio-visual works; and

(C) Digital books;

(23) "Storage" means any keeping or retention in this state of tangible personal property, specified digital products, a digital code, or taxable services purchased from a vendor for any purpose except sale or subsequent use solely outside this state;

(24) (A) "Tangible personal property" means personal property that may be seen, weighed, measured, felt, or touched or is in any other manner perceptible to the senses. (B) "Tangible personal property" includes electricity, water, gas, steam, and prewritten computer software. (C) "Tangible personal property" does not include specified digital products or digital codes;

(A) "Tangible personal property" means personal property that may be seen, weighed, measured, felt, or touched or is in any other manner perceptible to the senses.

(B) "Tangible personal property" includes electricity, water, gas, steam, and prewritten computer software.

(C) "Tangible personal property" does not include specified digital products or digital codes;

(25) "Taxable service" means a service that is taxable under this subchapter or the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq.;

(26) "Taxpayer" means any person remitting the tax or who should remit the tax or should have remitted the tax levied by this subchapter;

(27) "Tobacco" means a cigarette, cigar, chewing or pipe tobacco, or any other item that contains tobacco;

(28) "Transferred electronically" means obtained by the purchaser by means other than tangible storage media;

(29) (A) "Use", with respect to tangible personal property, specified digital products, or a digital code, means the exercise of any right or power over tangible personal property, specified digital products, or a digital code incident to the ownership or control of that tangible personal property, specified digital product, or digital code except that it does not include the sale of that tangible personal property, specified digital product, or digital code in the regular course of business. (B) With respect to a taxable service, "use" means the privilege of using the service, enjoyment of the service, or the first act within this state by which the purchaser takes or assumes dominion or control over the service or the tangible personal property, specified digital products, or digital code upon which the service was performed; and

(A) "Use", with respect to tangible personal property, specified digital products, or a digital code, means the exercise of any right or power over tangible personal property, specified digital products, or a digital code incident to the ownership or control of that tangible personal property, specified digital product, or digital code except that it does not include the sale of that tangible personal property, specified digital product, or digital code in the regular course of business.

(B) With respect to a taxable service, "use" means the privilege of using the service, enjoyment of the service, or the first act within this state by which the purchaser takes or assumes dominion or control over the service or the tangible personal property, specified digital products, or digital code upon which the service was performed; and

(30) (A) (i) "Vendor" means a person engaged in making sales of tangible personal property, specified digital products, digital codes, or taxable services by mail order, by advertising, or by agent, by peddling tangible personal property, specified digital products, a digital code, or taxable services, by soliciting, or by taking orders for such sales for storage, use, distribution, or consumption in this state. (ii) "Vendor" includes all salespersons, solicitors, hawkers, representatives, consignees, peddlers, or canvassers as agents of the dealers, distributors, consignors, supervisors, principals, or employers under whom they operate or from whom they obtain the tangible personal property, specified digital products, digital code, or taxable services sold by them. (B) Regardless of whether a person is making sales on his or her own behalf or on behalf of dealers, distributors, consignors, supervisors, principals, or employers, the person must be regarded as a vendor, and the dealers, distributors, consignors, supervisors, principals, or employers must be regarded as vendors for purposes of this subchapter.

(A) (i) "Vendor" means a person engaged in making sales of tangible personal property, specified digital products, digital codes, or taxable services by mail order, by advertising, or by agent, by peddling tangible personal property, specified digital products, a digital code, or taxable services, by soliciting, or by taking orders for such sales for storage, use, distribution, or consumption in this state. (ii) "Vendor" includes all salespersons, solicitors, hawkers, representatives, consignees, peddlers, or canvassers as agents of the dealers, distributors, consignors, supervisors, principals, or employers under whom they operate or from whom they obtain the tangible personal property, specified digital products, digital code, or taxable services sold by them.

(i) "Vendor" means a person engaged in making sales of tangible personal property, specified digital products, digital codes, or taxable services by mail order, by advertising, or by agent, by peddling tangible personal property, specified digital products, a digital code, or taxable services, by soliciting, or by taking orders for such sales for storage, use, distribution, or consumption in this state.

(ii) "Vendor" includes all salespersons, solicitors, hawkers, representatives, consignees, peddlers, or canvassers as agents of the dealers, distributors, consignors, supervisors, principals, or employers under whom they operate or from whom they obtain the tangible personal property, specified digital products, digital code, or taxable services sold by them.

(B) Regardless of whether a person is making sales on his or her own behalf or on behalf of dealers, distributors, consignors, supervisors, principals, or employers, the person must be regarded as a vendor, and the dealers, distributors, consignors, supervisors, principals, or employers must be regarded as vendors for purposes of this subchapter.

Amended by Act 2019, No. 910,§ 3895, eff. 7/1/2019.

Amended by Act 2017, No. 141,§ §44-47, eff. for tax years beginning on and after 1/1/2018.

Acts 1949, No. 487, § 4; 1961, No. 43, §§ 1, 2; 1983, No. 829, § 1; 1985, No. 999, § 1; A.S.A. 1947, §§ 84-3104, 84-3104n; Acts 1995, No. 1160, § 22; 2003, No. 1273, § 12; 2007, No. 181, § 31; 2009, No. 384, §§ 11, 12; 2009, No. 655, § 28.
Ark. Code Ann. § 26-51-2201 — AR Code / Title 26 / Chapter 51 / Subchapter 22 / Section 26-51-2201
Title
Status: in_force

This subchapter shall be known and may be cited as the "Arkansas Historic Rehabilitation Income Tax Credit Act". Acts 2009, No. 498, § 1.

This subchapter shall be known and may be cited as the "Arkansas Historic Rehabilitation Income Tax Credit Act".

Acts 2009, No. 498, § 1.