Ark. Code Ann. § 26-51-307 — AR Code / Title 26 / Chapter 51 / Subchapter 3 / Section 26-51-307
Retirement or disability benefits - Definition
Status: in_force

(a) (1) The first six thousand dollars ($6,000) of benefits received by a resident of this state from an individual retirement account or the first six thousand dollars ($6,000) of retirement benefits received by a resident of this state from public or private employment-related retirement systems, plans, or programs, regardless of the method of funding for these systems, plans, or programs, is exempt from the state income tax. (2) (A) Only individual retirement account benefits received by an individual retirement account participant after reaching fifty-nine and one-half (591/2) years of age qualify for the exemption. (B) The only other distributions or withdrawals from an individual retirement account that qualify for the exemption before the individual retirement account participant reaches fifty-nine and one-half (591/2) years of age are those made on account of the participant's death or disability. (C) All other premature distributions or early withdrawals, including without limitation those taken for medical-related expenses, higher education expenses, or a first-time home purchase, do not qualify for the exemption. (b) (1) (A) Except as provided in subdivision (b)(2) of this section and subsection (e) of this section, the exemption provided for in subsection (a) of this section for benefits received from an individual retirement account or from a public or private employment-related retirement system, plan, or program is the only exemption from the state income tax allowed for benefits received from an individual retirement account or from any publicly or privately supported employment-related retirement system, plan, or program, excepting only benefits received under systems, plans, or programs which are by federal law exempt from the state income tax. (B) Except as provided in subsection (e) of this section, a taxpayer shall not receive an exemption greater than six thousand dollars ($6,000) during any tax year under this section. (2) This section does not apply to retirement or disability benefits received under a plan, system, or fund described in § 26-51-404(b)(6) . (c) (1) Title 26 U.S.C. § 72 , as in effect on January 1, 2009, is the sole method by which a recipient of benefits from an individual retirement account or from public or private employment-related retirement systems, plans, or programs may deduct or recover his or her cost of contribution to the plan when computing his or her income for state income tax purposes. (2) A taxpayer shall not deduct or recover any portion of the taxpayer's cost of contribution to the plan that the taxpayer: (A) Has already deducted or recovered; or (B) Would have been allowed to deduct or recover under any provision of law or court decision. (d) (1) An individual who is sixty-five (65) years of age or older and who does not claim an exemption under subsection (a) of this section is entitled to an additional state income tax credit of twenty dollars ($20.00). (2) This credit is in addition to all other credits allowed by law. (e) (1) The following are exempt from the income tax imposed under this chapter: (A) Retirement benefits received by a member of the uniformed services from any of the uniformed services identified in subdivision (e)(2) of this section; and (B) Survivor benefits that are funded by the retirement pay of a member of the uniformed services. (2) As used in this subsection, "member of the uniformed services" means a retired member of any of the following: (A) The United States Army, the United States Marine Corps, the United States Navy, the United States Air Force, or the United States Coast Guard; (B) A reserve component of any of the United States Armed Forces listed in subdivision (e)(2)(A) of this section; (C) The National Guard of any state; (D) The commissioned regular or reserve corps of the United States Public Health Service; or (E) The National Oceanic and Atmospheric Administration Commissioned Officer Corps. (f) (1) Except as provided in subdivision (f)(2) of this section, a taxpayer claiming an exemption under subsection (e) of this section is not eligible for an exemption under subsection (a) of this section. (2) A taxpayer claiming an exemption of less than six thousand dollars ($6,000) for income from military retirement or survivor benefits under subsection (e) of this section may claim as exempt additional retirement benefits under subsection (a) of this section in an amount equal to the difference between the exemption claimed under subsection (e) of this section and six thousand dollars ($6,000). Amended by Act 2023, No. 358,§ 1, eff. 1/1/2023, app. for tax years beginning on or after January 1, 2023. Amended by Act 2017, No. 141,§ 3, eff. for tax years beginning on and after 1/1/2018. Acts 1985, No. 486, §§ 1, 2; A.S.A. 1947, §§ 84-2008.5, 84-2008.6; Acts 1987, No. 521, § 3; 1989, No. 512, § 1; 1989 (3rd Ex. Sess.), No. 27, § 1; 1999, No. 817, § 1; 2001, No. 773, §§ 1, 2; 2005, No. 189, § 3; 2007, No. 218, § 12; 2009, No. 372, § 2.

(a) (1) The first six thousand dollars ($6,000) of benefits received by a resident of this state from an individual retirement account or the first six thousand dollars ($6,000) of retirement benefits received by a resident of this state from public or private employment-related retirement systems, plans, or programs, regardless of the method of funding for these systems, plans, or programs, is exempt from the state income tax. (2) (A) Only individual retirement account benefits received by an individual retirement account participant after reaching fifty-nine and one-half (591/2) years of age qualify for the exemption. (B) The only other distributions or withdrawals from an individual retirement account that qualify for the exemption before the individual retirement account participant reaches fifty-nine and one-half (591/2) years of age are those made on account of the participant's death or disability. (C) All other premature distributions or early withdrawals, including without limitation those taken for medical-related expenses, higher education expenses, or a first-time home purchase, do not qualify for the exemption.

(1) The first six thousand dollars ($6,000) of benefits received by a resident of this state from an individual retirement account or the first six thousand dollars ($6,000) of retirement benefits received by a resident of this state from public or private employment-related retirement systems, plans, or programs, regardless of the method of funding for these systems, plans, or programs, is exempt from the state income tax.

(2) (A) Only individual retirement account benefits received by an individual retirement account participant after reaching fifty-nine and one-half (591/2) years of age qualify for the exemption. (B) The only other distributions or withdrawals from an individual retirement account that qualify for the exemption before the individual retirement account participant reaches fifty-nine and one-half (591/2) years of age are those made on account of the participant's death or disability. (C) All other premature distributions or early withdrawals, including without limitation those taken for medical-related expenses, higher education expenses, or a first-time home purchase, do not qualify for the exemption.

(A) Only individual retirement account benefits received by an individual retirement account participant after reaching fifty-nine and one-half (591/2) years of age qualify for the exemption.

(B) The only other distributions or withdrawals from an individual retirement account that qualify for the exemption before the individual retirement account participant reaches fifty-nine and one-half (591/2) years of age are those made on account of the participant's death or disability.

(C) All other premature distributions or early withdrawals, including without limitation those taken for medical-related expenses, higher education expenses, or a first-time home purchase, do not qualify for the exemption.

(b) (1) (A) Except as provided in subdivision (b)(2) of this section and subsection (e) of this section, the exemption provided for in subsection (a) of this section for benefits received from an individual retirement account or from a public or private employment-related retirement system, plan, or program is the only exemption from the state income tax allowed for benefits received from an individual retirement account or from any publicly or privately supported employment-related retirement system, plan, or program, excepting only benefits received under systems, plans, or programs which are by federal law exempt from the state income tax. (B) Except as provided in subsection (e) of this section, a taxpayer shall not receive an exemption greater than six thousand dollars ($6,000) during any tax year under this section. (2) This section does not apply to retirement or disability benefits received under a plan, system, or fund described in § 26-51-404(b)(6) .

(1) (A) Except as provided in subdivision (b)(2) of this section and subsection (e) of this section, the exemption provided for in subsection (a) of this section for benefits received from an individual retirement account or from a public or private employment-related retirement system, plan, or program is the only exemption from the state income tax allowed for benefits received from an individual retirement account or from any publicly or privately supported employment-related retirement system, plan, or program, excepting only benefits received under systems, plans, or programs which are by federal law exempt from the state income tax. (B) Except as provided in subsection (e) of this section, a taxpayer shall not receive an exemption greater than six thousand dollars ($6,000) during any tax year under this section.

(A) Except as provided in subdivision (b)(2) of this section and subsection (e) of this section, the exemption provided for in subsection (a) of this section for benefits received from an individual retirement account or from a public or private employment-related retirement system, plan, or program is the only exemption from the state income tax allowed for benefits received from an individual retirement account or from any publicly or privately supported employment-related retirement system, plan, or program, excepting only benefits received under systems, plans, or programs which are by federal law exempt from the state income tax.

(B) Except as provided in subsection (e) of this section, a taxpayer shall not receive an exemption greater than six thousand dollars ($6,000) during any tax year under this section.

(2) This section does not apply to retirement or disability benefits received under a plan, system, or fund described in § 26-51-404(b)(6) .

(c) (1) Title 26 U.S.C. § 72 , as in effect on January 1, 2009, is the sole method by which a recipient of benefits from an individual retirement account or from public or private employment-related retirement systems, plans, or programs may deduct or recover his or her cost of contribution to the plan when computing his or her income for state income tax purposes. (2) A taxpayer shall not deduct or recover any portion of the taxpayer's cost of contribution to the plan that the taxpayer: (A) Has already deducted or recovered; or (B) Would have been allowed to deduct or recover under any provision of law or court decision.

(1) Title 26 U.S.C. § 72 , as in effect on January 1, 2009, is the sole method by which a recipient of benefits from an individual retirement account or from public or private employment-related retirement systems, plans, or programs may deduct or recover his or her cost of contribution to the plan when computing his or her income for state income tax purposes.

(2) A taxpayer shall not deduct or recover any portion of the taxpayer's cost of contribution to the plan that the taxpayer: (A) Has already deducted or recovered; or (B) Would have been allowed to deduct or recover under any provision of law or court decision.

(A) Has already deducted or recovered; or

(B) Would have been allowed to deduct or recover under any provision of law or court decision.

(d) (1) An individual who is sixty-five (65) years of age or older and who does not claim an exemption under subsection (a) of this section is entitled to an additional state income tax credit of twenty dollars ($20.00). (2) This credit is in addition to all other credits allowed by law.

(1) An individual who is sixty-five (65) years of age or older and who does not claim an exemption under subsection (a) of this section is entitled to an additional state income tax credit of twenty dollars ($20.00).

(2) This credit is in addition to all other credits allowed by law.

(e) (1) The following are exempt from the income tax imposed under this chapter: (A) Retirement benefits received by a member of the uniformed services from any of the uniformed services identified in subdivision (e)(2) of this section; and (B) Survivor benefits that are funded by the retirement pay of a member of the uniformed services. (2) As used in this subsection, "member of the uniformed services" means a retired member of any of the following: (A) The United States Army, the United States Marine Corps, the United States Navy, the United States Air Force, or the United States Coast Guard; (B) A reserve component of any of the United States Armed Forces listed in subdivision (e)(2)(A) of this section; (C) The National Guard of any state; (D) The commissioned regular or reserve corps of the United States Public Health Service; or (E) The National Oceanic and Atmospheric Administration Commissioned Officer Corps.

(1) The following are exempt from the income tax imposed under this chapter: (A) Retirement benefits received by a member of the uniformed services from any of the uniformed services identified in subdivision (e)(2) of this section; and (B) Survivor benefits that are funded by the retirement pay of a member of the uniformed services.

(A) Retirement benefits received by a member of the uniformed services from any of the uniformed services identified in subdivision (e)(2) of this section; and

(B) Survivor benefits that are funded by the retirement pay of a member of the uniformed services.

(2) As used in this subsection, "member of the uniformed services" means a retired member of any of the following: (A) The United States Army, the United States Marine Corps, the United States Navy, the United States Air Force, or the United States Coast Guard; (B) A reserve component of any of the United States Armed Forces listed in subdivision (e)(2)(A) of this section; (C) The National Guard of any state; (D) The commissioned regular or reserve corps of the United States Public Health Service; or (E) The National Oceanic and Atmospheric Administration Commissioned Officer Corps.

(A) The United States Army, the United States Marine Corps, the United States Navy, the United States Air Force, or the United States Coast Guard;

(B) A reserve component of any of the United States Armed Forces listed in subdivision (e)(2)(A) of this section;

(C) The National Guard of any state;

(D) The commissioned regular or reserve corps of the United States Public Health Service; or

(E) The National Oceanic and Atmospheric Administration Commissioned Officer Corps.

(f) (1) Except as provided in subdivision (f)(2) of this section, a taxpayer claiming an exemption under subsection (e) of this section is not eligible for an exemption under subsection (a) of this section. (2) A taxpayer claiming an exemption of less than six thousand dollars ($6,000) for income from military retirement or survivor benefits under subsection (e) of this section may claim as exempt additional retirement benefits under subsection (a) of this section in an amount equal to the difference between the exemption claimed under subsection (e) of this section and six thousand dollars ($6,000).

(1) Except as provided in subdivision (f)(2) of this section, a taxpayer claiming an exemption under subsection (e) of this section is not eligible for an exemption under subsection (a) of this section.

(2) A taxpayer claiming an exemption of less than six thousand dollars ($6,000) for income from military retirement or survivor benefits under subsection (e) of this section may claim as exempt additional retirement benefits under subsection (a) of this section in an amount equal to the difference between the exemption claimed under subsection (e) of this section and six thousand dollars ($6,000).

Amended by Act 2023, No. 358,§ 1, eff. 1/1/2023, app. for tax years beginning on or after January 1, 2023.

Amended by Act 2017, No. 141,§ 3, eff. for tax years beginning on and after 1/1/2018.

Acts 1985, No. 486, §§ 1, 2; A.S.A. 1947, §§ 84-2008.5, 84-2008.6; Acts 1987, No. 521, § 3; 1989, No. 512, § 1; 1989 (3rd Ex. Sess.), No. 27, § 1; 1999, No. 817, § 1; 2001, No. 773, §§ 1, 2; 2005, No. 189, § 3; 2007, No. 218, § 12; 2009, No. 372, § 2.
Ark. Code Ann. § 26-18-313 — AR Code / Title 26 / Chapter 18 / Subchapter 3 / Section 26-18-313
Construction - Standard of proof for exemptions, deductions, and credits
Status: in_force

(a) When the state seeks to impose a tax under the terms of a state tax law, then the statute imposing the tax shall be strictly construed in limitation of the imposition of the tax. (b) When a taxpayer claims to be entitled to a tax exemption, deduction, or credit under the terms of a state tax law, then the statute providing the tax exemption, deduction, or credit shall be strictly construed in limitation of the exemption, deduction, or credit. (c) The burden of proof applied to matters of fact and evidence, whether placed on the taxpayer or the state, in controversies regarding the application of a state tax law shall be by preponderance of the evidence. (d) When the meaning of a state tax law is in controversy, the burden of establishing the proper construction of the statute shall be on the party claiming application of the tax or benefit of the tax exemption, deduction, or credit. (e) Words used in statutes imposing a tax and in statutes providing for a tax exemption, deduction, or credit shall be given their plain and ordinary meaning, not their narrowest possible meaning. (f) (1) Statutes imposing a tax and statutes providing a tax exemption, deduction, or credit shall be fairly and reasonably construed, taking into consideration the purpose and spirit of the tax, exemption, deduction, or credit and the public policy at the time the statute was passed. (2) If after taking this section and other applicable rules of statutory construction into account, a well-founded doubt exists with respect to the meaning of a statute imposing a tax or providing a tax exemption, deduction, or credit, the rule of strict construction shall require that the doubt be resolved against the tax, exemption, deduction, or credit. (g) This section is remedial and procedural and shall apply to all actions on and after October 1, 2015. Amended by Act 2015, No. 896,§ 3, eff. 10/1/2015. Acts 2009, No. 755, § 1; 2011, No. 983, § 3.

(a) When the state seeks to impose a tax under the terms of a state tax law, then the statute imposing the tax shall be strictly construed in limitation of the imposition of the tax.

(b) When a taxpayer claims to be entitled to a tax exemption, deduction, or credit under the terms of a state tax law, then the statute providing the tax exemption, deduction, or credit shall be strictly construed in limitation of the exemption, deduction, or credit.

(c) The burden of proof applied to matters of fact and evidence, whether placed on the taxpayer or the state, in controversies regarding the application of a state tax law shall be by preponderance of the evidence.

(d) When the meaning of a state tax law is in controversy, the burden of establishing the proper construction of the statute shall be on the party claiming application of the tax or benefit of the tax exemption, deduction, or credit.

(e) Words used in statutes imposing a tax and in statutes providing for a tax exemption, deduction, or credit shall be given their plain and ordinary meaning, not their narrowest possible meaning.

(f) (1) Statutes imposing a tax and statutes providing a tax exemption, deduction, or credit shall be fairly and reasonably construed, taking into consideration the purpose and spirit of the tax, exemption, deduction, or credit and the public policy at the time the statute was passed. (2) If after taking this section and other applicable rules of statutory construction into account, a well-founded doubt exists with respect to the meaning of a statute imposing a tax or providing a tax exemption, deduction, or credit, the rule of strict construction shall require that the doubt be resolved against the tax, exemption, deduction, or credit.

(1) Statutes imposing a tax and statutes providing a tax exemption, deduction, or credit shall be fairly and reasonably construed, taking into consideration the purpose and spirit of the tax, exemption, deduction, or credit and the public policy at the time the statute was passed.

(2) If after taking this section and other applicable rules of statutory construction into account, a well-founded doubt exists with respect to the meaning of a statute imposing a tax or providing a tax exemption, deduction, or credit, the rule of strict construction shall require that the doubt be resolved against the tax, exemption, deduction, or credit.

(g) This section is remedial and procedural and shall apply to all actions on and after October 1, 2015.

Amended by Act 2015, No. 896,§ 3, eff. 10/1/2015.

Acts 2009, No. 755, § 1; 2011, No. 983, § 3.
Ark. Code Ann. § 26-55-231 — AR Code / Title 26 / Chapter 55 / Subchapter 2 / Section 26-55-231
Failure to report or pay tax - Revocation or cancellation of license
Status: in_force

(a) (1) If a distributor at any time files a false monthly report of the data or information required by this subchapter or fails, refuses, or neglects to file the monthly report required by this subchapter, or to pay the full amount of the tax as required by this subchapter, the Secretary of the Department of Finance and Administration may give notice to the distributor of an intention to revoke the license of the distributor. (2) (A) The distributor is entitled to a period of five (5) days after receipt of the notice from the secretary within which to apply for a hearing on the question of having the distributor's license revoked. (B) A hearing conducted under this section shall be held under the Arkansas Tax Procedure Act, § 26-18-101 et seq., or the Independent Tax Appeals Commission Act, § 26-18-1101 et seq. (3) After the hearing, at which time the distributor is entitled to present evidence and argument of counsel, the secretary or the Tax Appeals Commission, as applicable, shall decide whether the distributor's license shall be revoked. (4) The distributor or the secretary may seek judicial relief from an adverse decision by filing suit under §§ 26-18-602 and 26-18-1117 . (5) If the distributor fails to apply for a hearing within the time set out in subdivision (a)(2)(A) of this section, the secretary: (A) May cancel the license of the distributor and notify the distributor of the cancellation by registered mail to the last known address of the distributor appearing on the files of the secretary; and (B) Shall notify the surety company on the distributor's bond in like manner. (b) (1) Upon receipt of a written request from any duly licensed distributor under this subchapter to cancel the license issued to the distributor, the secretary shall have the power to cancel the license effective sixty (60) days from the date of the receipt of the written request. (2) However, no license shall be cancelled upon the request of any distributor unless and until the distributor prior to the date of the cancellation shall have paid to the State of Arkansas all excise taxes payable under the laws of the State of Arkansas, together with any and all penalties, interest, and fines accruing under any of the provisions of this subchapter, and unless and until the distributor shall have surrendered to the secretary the license certificate theretofore issued to the distributor. (c) If upon investigation the secretary ascertains and finds that any person to whom a license has been issued under this subchapter is no longer engaged in the receipt, use, or sale of motor fuel as a distributor and has not been so engaged for a period of sixty (60) days, the secretary shall have the power to cancel the license by giving the person thirty (30) days' notice of the cancellation mailed to the last known address of the person, in which event the license certificate theretofore issued to the person shall be surrendered to the secretary. (d) In the event that the license of any distributor shall be cancelled by the secretary as provided in this section and in the further event that the distributor shall have paid to the State of Arkansas all excise taxes due and payable by it under this subchapter, together with any and all penalties accruing under any of the provisions of this subchapter, then the secretary shall cancel and surrender the bond filed by the distributor. Amended by Act 2021, No. 593,§ 29, eff. 1/1/2023. Amended by Act 2019, No. 910,§ 3958, eff. 7/1/2019. Acts 1941, No. 383, § 11; A.S.A. 1947, § 75-1113.

(a) (1) If a distributor at any time files a false monthly report of the data or information required by this subchapter or fails, refuses, or neglects to file the monthly report required by this subchapter, or to pay the full amount of the tax as required by this subchapter, the Secretary of the Department of Finance and Administration may give notice to the distributor of an intention to revoke the license of the distributor. (2) (A) The distributor is entitled to a period of five (5) days after receipt of the notice from the secretary within which to apply for a hearing on the question of having the distributor's license revoked. (B) A hearing conducted under this section shall be held under the Arkansas Tax Procedure Act, § 26-18-101 et seq., or the Independent Tax Appeals Commission Act, § 26-18-1101 et seq. (3) After the hearing, at which time the distributor is entitled to present evidence and argument of counsel, the secretary or the Tax Appeals Commission, as applicable, shall decide whether the distributor's license shall be revoked. (4) The distributor or the secretary may seek judicial relief from an adverse decision by filing suit under §§ 26-18-602 and 26-18-1117 . (5) If the distributor fails to apply for a hearing within the time set out in subdivision (a)(2)(A) of this section, the secretary: (A) May cancel the license of the distributor and notify the distributor of the cancellation by registered mail to the last known address of the distributor appearing on the files of the secretary; and (B) Shall notify the surety company on the distributor's bond in like manner.

(1) If a distributor at any time files a false monthly report of the data or information required by this subchapter or fails, refuses, or neglects to file the monthly report required by this subchapter, or to pay the full amount of the tax as required by this subchapter, the Secretary of the Department of Finance and Administration may give notice to the distributor of an intention to revoke the license of the distributor.

(2) (A) The distributor is entitled to a period of five (5) days after receipt of the notice from the secretary within which to apply for a hearing on the question of having the distributor's license revoked. (B) A hearing conducted under this section shall be held under the Arkansas Tax Procedure Act, § 26-18-101 et seq., or the Independent Tax Appeals Commission Act, § 26-18-1101 et seq.

(A) The distributor is entitled to a period of five (5) days after receipt of the notice from the secretary within which to apply for a hearing on the question of having the distributor's license revoked.

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

(3) After the hearing, at which time the distributor is entitled to present evidence and argument of counsel, the secretary or the Tax Appeals Commission, as applicable, shall decide whether the distributor's license shall be revoked.

(4) The distributor or the secretary may seek judicial relief from an adverse decision by filing suit under §§ 26-18-602 and 26-18-1117 .

(5) If the distributor fails to apply for a hearing within the time set out in subdivision (a)(2)(A) of this section, the secretary: (A) May cancel the license of the distributor and notify the distributor of the cancellation by registered mail to the last known address of the distributor appearing on the files of the secretary; and (B) Shall notify the surety company on the distributor's bond in like manner.

(A) May cancel the license of the distributor and notify the distributor of the cancellation by registered mail to the last known address of the distributor appearing on the files of the secretary; and

(B) Shall notify the surety company on the distributor's bond in like manner.

(b) (1) Upon receipt of a written request from any duly licensed distributor under this subchapter to cancel the license issued to the distributor, the secretary shall have the power to cancel the license effective sixty (60) days from the date of the receipt of the written request. (2) However, no license shall be cancelled upon the request of any distributor unless and until the distributor prior to the date of the cancellation shall have paid to the State of Arkansas all excise taxes payable under the laws of the State of Arkansas, together with any and all penalties, interest, and fines accruing under any of the provisions of this subchapter, and unless and until the distributor shall have surrendered to the secretary the license certificate theretofore issued to the distributor.

(1) Upon receipt of a written request from any duly licensed distributor under this subchapter to cancel the license issued to the distributor, the secretary shall have the power to cancel the license effective sixty (60) days from the date of the receipt of the written request.

(2) However, no license shall be cancelled upon the request of any distributor unless and until the distributor prior to the date of the cancellation shall have paid to the State of Arkansas all excise taxes payable under the laws of the State of Arkansas, together with any and all penalties, interest, and fines accruing under any of the provisions of this subchapter, and unless and until the distributor shall have surrendered to the secretary the license certificate theretofore issued to the distributor.

(c) If upon investigation the secretary ascertains and finds that any person to whom a license has been issued under this subchapter is no longer engaged in the receipt, use, or sale of motor fuel as a distributor and has not been so engaged for a period of sixty (60) days, the secretary shall have the power to cancel the license by giving the person thirty (30) days' notice of the cancellation mailed to the last known address of the person, in which event the license certificate theretofore issued to the person shall be surrendered to the secretary.

(d) In the event that the license of any distributor shall be cancelled by the secretary as provided in this section and in the further event that the distributor shall have paid to the State of Arkansas all excise taxes due and payable by it under this subchapter, together with any and all penalties accruing under any of the provisions of this subchapter, then the secretary shall cancel and surrender the bond filed by the distributor.

Amended by Act 2021, No. 593,§ 29, eff. 1/1/2023.

Amended by Act 2019, No. 910,§ 3958, eff. 7/1/2019.

Acts 1941, No. 383, § 11; A.S.A. 1947, § 75-1113.
Ark. Code Ann. § 26-17-304 — AR Code / Title 26 / Chapter 17 / Subchapter 3 / Section 26-17-304
Suits and other proceedings
Status: in_force

(a) (1) (A) The Secretary of the Department of Finance and Administration may: (i) Institute and prosecute in his or her name as such all suits and other proceedings necessary for the collection of any taxes or fees collectible by him or her and which have become delinquent; and (ii) Defend all suits and other proceedings concerning taxes, fees, or licenses administered by the secretary. (B) All suits and proceedings instituted by the secretary or defended by the secretary that concern taxes, fees, or licenses administered by the Revenue Division of the Department of Finance and Administration may be maintained or defended by an attorney authorized to represent the interests of the division pursuant to § 26-17-202 . (2) No deposits of advance cost shall be required of the secretary in any suit or proceedings, nor shall he or she be required to give bond for cost, indemnity, or stay as a condition to the institution of any suit or proceedings or to the issuance, service, or execution of any process in any suit or proceedings or ancillary to any suit or proceedings or to the appeal from any adverse action. (b) (1) The secretary shall not be required to advance or pay any court costs to any court clerk for the institution or prosecution of any suit filed in his or her official capacity. (2) No bond shall be required of the secretary in obtaining restraining orders, injunctions, or any other cases in which a bond is required to be made by a litigant, including supersedeas bond upon appeal. (c) (1) The secretary shall give notice to the cochairs of the Legislative Council and the Joint Budget Committee of state tax litigation if the litigation: (A) Originated in state circuit court; (B) Pertained to a tax administered by the division; (C) Made the secretary a defendant; (D) Reached a final resolution in the previous calendar year with no further right of appeal for either party; and (E) The amount in controversy exceeded twenty-five thousand dollars ($25,000). (2) The notice shall include: (A) The style of the case that was litigated; (B) The identity of the court before which the matter was filed; and (C) A brief description of the issues involved. (3) The secretary shall provide the notice required by this section annually on or before January 10 of each year. (4) Upon filing of the notice under subdivision (c)(3) of this section, the secretary, or his or her designee, may be called to appear before the Legislative Council or the Joint Budget Committee regarding the contents of the notice. Amended by Act 2023, No. 557,§ 3, eff. 8/1/2023. Amended by Act 2019, No. 910,§ 3599, eff. 7/1/2019. Acts 1935, No. 131, § 2; 1935, No. 234, § 8; Pope's Dig., §§ 13352, 13354; A.S.A. 1947, §§ 84-1718, 84-1720; Acts 2001, No. 456, § 2.

(a) (1) (A) The Secretary of the Department of Finance and Administration may: (i) Institute and prosecute in his or her name as such all suits and other proceedings necessary for the collection of any taxes or fees collectible by him or her and which have become delinquent; and (ii) Defend all suits and other proceedings concerning taxes, fees, or licenses administered by the secretary. (B) All suits and proceedings instituted by the secretary or defended by the secretary that concern taxes, fees, or licenses administered by the Revenue Division of the Department of Finance and Administration may be maintained or defended by an attorney authorized to represent the interests of the division pursuant to § 26-17-202 . (2) No deposits of advance cost shall be required of the secretary in any suit or proceedings, nor shall he or she be required to give bond for cost, indemnity, or stay as a condition to the institution of any suit or proceedings or to the issuance, service, or execution of any process in any suit or proceedings or ancillary to any suit or proceedings or to the appeal from any adverse action.

(1) (A) The Secretary of the Department of Finance and Administration may: (i) Institute and prosecute in his or her name as such all suits and other proceedings necessary for the collection of any taxes or fees collectible by him or her and which have become delinquent; and (ii) Defend all suits and other proceedings concerning taxes, fees, or licenses administered by the secretary. (B) All suits and proceedings instituted by the secretary or defended by the secretary that concern taxes, fees, or licenses administered by the Revenue Division of the Department of Finance and Administration may be maintained or defended by an attorney authorized to represent the interests of the division pursuant to § 26-17-202 .

(A) The Secretary of the Department of Finance and Administration may: (i) Institute and prosecute in his or her name as such all suits and other proceedings necessary for the collection of any taxes or fees collectible by him or her and which have become delinquent; and (ii) Defend all suits and other proceedings concerning taxes, fees, or licenses administered by the secretary.

(i) Institute and prosecute in his or her name as such all suits and other proceedings necessary for the collection of any taxes or fees collectible by him or her and which have become delinquent; and

(ii) Defend all suits and other proceedings concerning taxes, fees, or licenses administered by the secretary.

(B) All suits and proceedings instituted by the secretary or defended by the secretary that concern taxes, fees, or licenses administered by the Revenue Division of the Department of Finance and Administration may be maintained or defended by an attorney authorized to represent the interests of the division pursuant to § 26-17-202 .

(2) No deposits of advance cost shall be required of the secretary in any suit or proceedings, nor shall he or she be required to give bond for cost, indemnity, or stay as a condition to the institution of any suit or proceedings or to the issuance, service, or execution of any process in any suit or proceedings or ancillary to any suit or proceedings or to the appeal from any adverse action.

(b) (1) The secretary shall not be required to advance or pay any court costs to any court clerk for the institution or prosecution of any suit filed in his or her official capacity. (2) No bond shall be required of the secretary in obtaining restraining orders, injunctions, or any other cases in which a bond is required to be made by a litigant, including supersedeas bond upon appeal.

(1) The secretary shall not be required to advance or pay any court costs to any court clerk for the institution or prosecution of any suit filed in his or her official capacity.

(2) No bond shall be required of the secretary in obtaining restraining orders, injunctions, or any other cases in which a bond is required to be made by a litigant, including supersedeas bond upon appeal.

(c) (1) The secretary shall give notice to the cochairs of the Legislative Council and the Joint Budget Committee of state tax litigation if the litigation: (A) Originated in state circuit court; (B) Pertained to a tax administered by the division; (C) Made the secretary a defendant; (D) Reached a final resolution in the previous calendar year with no further right of appeal for either party; and (E) The amount in controversy exceeded twenty-five thousand dollars ($25,000). (2) The notice shall include: (A) The style of the case that was litigated; (B) The identity of the court before which the matter was filed; and (C) A brief description of the issues involved. (3) The secretary shall provide the notice required by this section annually on or before January 10 of each year. (4) Upon filing of the notice under subdivision (c)(3) of this section, the secretary, or his or her designee, may be called to appear before the Legislative Council or the Joint Budget Committee regarding the contents of the notice.

(1) The secretary shall give notice to the cochairs of the Legislative Council and the Joint Budget Committee of state tax litigation if the litigation: (A) Originated in state circuit court; (B) Pertained to a tax administered by the division; (C) Made the secretary a defendant; (D) Reached a final resolution in the previous calendar year with no further right of appeal for either party; and (E) The amount in controversy exceeded twenty-five thousand dollars ($25,000).

(A) Originated in state circuit court;

(B) Pertained to a tax administered by the division;

(C) Made the secretary a defendant;

(D) Reached a final resolution in the previous calendar year with no further right of appeal for either party; and

(E) The amount in controversy exceeded twenty-five thousand dollars ($25,000).

(2) The notice shall include: (A) The style of the case that was litigated; (B) The identity of the court before which the matter was filed; and (C) A brief description of the issues involved.

(A) The style of the case that was litigated;

(B) The identity of the court before which the matter was filed; and

(C) A brief description of the issues involved.

(3) The secretary shall provide the notice required by this section annually on or before January 10 of each year.

(4) Upon filing of the notice under subdivision (c)(3) of this section, the secretary, or his or her designee, may be called to appear before the Legislative Council or the Joint Budget Committee regarding the contents of the notice.

Amended by Act 2023, No. 557,§ 3, eff. 8/1/2023.

Amended by Act 2019, No. 910,§ 3599, eff. 7/1/2019.

Acts 1935, No. 131, § 2; 1935, No. 234, § 8; Pope's Dig., §§ 13352, 13354; A.S.A. 1947, §§ 84-1718, 84-1720; Acts 2001, No. 456, § 2.
Ark. Code Ann. § 26-57-504 — AR Code / Title 26 / Chapter 57 / Subchapter 5 / Section 26-57-504
License fee
Status: in_force

Any person, firm, partnership, limited liability company, or corporation now engaged in or who becomes engaged in a business as set forth in this subchapter is taxed a license of two hundred dollars ($200) per year. Acts 1939, No. 151, § 3; A.S.A. 1947, § 84-2216; Acts 1995, No. 1160, § 36.

Any person, firm, partnership, limited liability company, or corporation now engaged in or who becomes engaged in a business as set forth in this subchapter is taxed a license of two hundred dollars ($200) per year.

Acts 1939, No. 151, § 3; A.S.A. 1947, § 84-2216; Acts 1995, No. 1160, § 36.
Ark. Code Ann. § 26-26-1704 — AR Code / Title 26 / Chapter 26 / Subchapter 17 / Section 26-26-1704
Failure to make statements
Status: in_force

(a) If any private car company shall fail or refuse to make and file the statement required by § 26-26-1702 within the time therein prescribed or shall fail or refuse to authorize in writing the use of the information and data submitted by the several railroads in determining its assessment, the Tax Division of the Arkansas Public Service Commission shall proceed to determine and fix the assessment of each car company on the basis of information reported to it by the several railroad companies and other information it may obtain. Each assessed valuation so determined shall be increased by ten percent (10%) as a penalty for failure to file its report, and taxes shall be extended and certified on the increased amount. (b) If any railroad shall fail or refuse to make and file the statement as required in § 26-26-1703 , it shall forfeit to the state, as a penalty for the failure or refusal, the sum of five hundred dollars ($500). Any failure or refusal shall be certified by the division to the Attorney General, whose duty it shall be to institute such action as he or she may deem proper for the collection of any penalty. Acts 1915, No. 224, § 6; C. & M. Dig., § 10006; Acts 1923, No. 560, § 6; Pope's Dig., § 13756; Acts 1953, No. 167, § 4; A.S.A. 1947, § 84-622.

(a) If any private car company shall fail or refuse to make and file the statement required by § 26-26-1702 within the time therein prescribed or shall fail or refuse to authorize in writing the use of the information and data submitted by the several railroads in determining its assessment, the Tax Division of the Arkansas Public Service Commission shall proceed to determine and fix the assessment of each car company on the basis of information reported to it by the several railroad companies and other information it may obtain. Each assessed valuation so determined shall be increased by ten percent (10%) as a penalty for failure to file its report, and taxes shall be extended and certified on the increased amount.

(b) If any railroad shall fail or refuse to make and file the statement as required in § 26-26-1703 , it shall forfeit to the state, as a penalty for the failure or refusal, the sum of five hundred dollars ($500). Any failure or refusal shall be certified by the division to the Attorney General, whose duty it shall be to institute such action as he or she may deem proper for the collection of any penalty.

Acts 1915, No. 224, § 6; C. & M. Dig., § 10006; Acts 1923, No. 560, § 6; Pope's Dig., § 13756; Acts 1953, No. 167, § 4; A.S.A. 1947, § 84-622.
Ark. Code Ann. § 26-55-236 — AR Code / Title 26 / Chapter 55 / Subchapter 2 / Section 26-55-236
Failure to file reports, statements, or returns - Falsification - Penalties
Status: in_force

Upon conviction, a person who refuses or neglects to make any statement, report, or return required by this subchapter or who knowingly makes, aids, or assists another person in making a false statement in a return or report required by this subchapter to the Secretary of the Department of Finance and Administration is guilty of an unclassified misdemeanor and shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000) or imprisonment for a term of not less than thirty (30) days and not more than one (1) year, or both fine and imprisonment. Amended by Act 2019, No. 910,§ 3967, eff. 7/1/2019. Acts 1941, No. 383, § 25; A.S.A. 1947, § 75-1127; Acts 2009, No. 655, § 50.

Upon conviction, a person who refuses or neglects to make any statement, report, or return required by this subchapter or who knowingly makes, aids, or assists another person in making a false statement in a return or report required by this subchapter to the Secretary of the Department of Finance and Administration is guilty of an unclassified misdemeanor and shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000) or imprisonment for a term of not less than thirty (30) days and not more than one (1) year, or both fine and imprisonment.

Amended by Act 2019, No. 910,§ 3967, eff. 7/1/2019.

Acts 1941, No. 383, § 25; A.S.A. 1947, § 75-1127; Acts 2009, No. 655, § 50.
Ark. Code Ann. § 26-27-204 — AR Code / Title 26 / Chapter 27 / Subchapter 2 / Section 26-27-204
Order of adjustment
Status: in_force

(a) A record of the proceedings of the Arkansas Public Service Commission shall be kept by the secretary thereof. (b) (1) A certified copy of the record or such part thereof as affects his or her county shall, on or before the third Monday in November, be furnished the county clerk of each county in which property, the assessed valuation of which has been ordered by the commission increased or reduced, is situated. (2) In carrying out the order of the commission, the county clerk shall add to or deduct from the valuation of any property, as adjusted by the local assessment and equalization officials, such percentage or amount as the commission might so order and shall enter the adjusted or equalized valuation in the proper record and extend taxes thereon. Amended by Act 2023, No. 365,§ 88, eff. 7/1/2023. Acts 1927, No. 129, § 33; Pope's Dig., § 2059; A.S.A. 1947, § 84-716.

(a) A record of the proceedings of the Arkansas Public Service Commission shall be kept by the secretary thereof.

(b) (1) A certified copy of the record or such part thereof as affects his or her county shall, on or before the third Monday in November, be furnished the county clerk of each county in which property, the assessed valuation of which has been ordered by the commission increased or reduced, is situated. (2) In carrying out the order of the commission, the county clerk shall add to or deduct from the valuation of any property, as adjusted by the local assessment and equalization officials, such percentage or amount as the commission might so order and shall enter the adjusted or equalized valuation in the proper record and extend taxes thereon.

(1) A certified copy of the record or such part thereof as affects his or her county shall, on or before the third Monday in November, be furnished the county clerk of each county in which property, the assessed valuation of which has been ordered by the commission increased or reduced, is situated.

(2) In carrying out the order of the commission, the county clerk shall add to or deduct from the valuation of any property, as adjusted by the local assessment and equalization officials, such percentage or amount as the commission might so order and shall enter the adjusted or equalized valuation in the proper record and extend taxes thereon.

Amended by Act 2023, No. 365,§ 88, eff. 7/1/2023.

Acts 1927, No. 129, § 33; Pope's Dig., § 2059; A.S.A. 1947, § 84-716.
Ark. Code Ann. § 26-19-102 — AR Code / Title 26 / Chapter 19 / Section 26-19-102
Applicability of Arkansas Tax Procedure Act
Status: in_force

The provisions of the Arkansas Tax Procedure Act, § 26-18-101 et seq., shall be applicable to this subchapter. Acts 1993, No. 848, § 2.

The provisions of the Arkansas Tax Procedure Act, § 26-18-101 et seq., shall be applicable to this subchapter.

Acts 1993, No. 848, § 2.
Ark. Code Ann. § 26-4-212 — AR Code / Title 26 / Chapter 4 / Subchapter 2 / Section 26-4-212
[Repealed]
Status: repealed

Repealed by Act 2013, No. 1143,§ 1, eff. 8/16/2013. Acts 1983, No. 276, § 13; A.S.A. 1947, § 84-4813.

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

Acts 1983, No. 276, § 13; A.S.A. 1947, § 84-4813.
Ark. Code Ann. § 26-57-611 — AR Code / Title 26 / Chapter 57 / Subchapter 6 / Section 26-57-611
Disposition of nonallocated funds
Status: in_force

The Insurance Commissioner shall deposit all premium taxes collected under this subchapter that are not allocated and appropriated for the various funds under the Workers' Compensation Law, § 11-9-101 et seq., for the Arkansas Fire and Police Pension Review Board and firemen's relief and pension funds under § 24-11-809 and for the Arkansas Fire and Police Pension Review Board and policemen's pension and relief funds under § 24-11-301 into the State Treasury as general revenues. Acts 1987, No. 1033, § 1; 2009, No. 655, § 91.

The Insurance Commissioner shall deposit all premium taxes collected under this subchapter that are not allocated and appropriated for the various funds under the Workers' Compensation Law, § 11-9-101 et seq., for the Arkansas Fire and Police Pension Review Board and firemen's relief and pension funds under § 24-11-809 and for the Arkansas Fire and Police Pension Review Board and policemen's pension and relief funds under § 24-11-301 into the State Treasury as general revenues.

Acts 1987, No. 1033, § 1; 2009, No. 655, § 91.
Ark. Code Ann. § 26-53-119 — AR Code / Title 26 / Chapter 53 / Subchapter 1 / Section 26-53-119
Exemption for sale of products for treating livestock and poultry and other commercial agricultural production
Status: in_force

The gross receipts or gross proceeds derived from sales of the following are exempt from the state compensating tax as levied by this subchapter: (1) Agricultural fertilizer; (2) Agricultural limestone; and (3) Agricultural chemicals, including, but not limited to: (A) Agricultural pesticides and herbicides used in commercial production of agricultural products; (B) Vaccines, medications, and medicinal preparations used in treating livestock and poultry being grown for commercial purposes; and (C) Chemicals, nutrients, and other ingredients used in the commercial production of yeast. Acts 1973, No. 68, § 1; 1985, No. 1013, § 1; A.S.A. 1947, § 84-1905.2; Acts 1993, No. 98, § 2; 1993, No. 151, § 2; 1995, No. 1296, § 87.

The gross receipts or gross proceeds derived from sales of the following are exempt from the state compensating tax as levied by this subchapter:

(1) Agricultural fertilizer;

(2) Agricultural limestone; and

(3) Agricultural chemicals, including, but not limited to: (A) Agricultural pesticides and herbicides used in commercial production of agricultural products; (B) Vaccines, medications, and medicinal preparations used in treating livestock and poultry being grown for commercial purposes; and (C) Chemicals, nutrients, and other ingredients used in the commercial production of yeast.

(A) Agricultural pesticides and herbicides used in commercial production of agricultural products;

(B) Vaccines, medications, and medicinal preparations used in treating livestock and poultry being grown for commercial purposes; and

(C) Chemicals, nutrients, and other ingredients used in the commercial production of yeast.

Acts 1973, No. 68, § 1; 1985, No. 1013, § 1; A.S.A. 1947, § 84-1905.2; Acts 1993, No. 98, § 2; 1993, No. 151, § 2; 1995, No. 1296, § 87.
Ark. Code Ann. § 26-51-1005 — AR Code / Title 26 / Chapter 51 / Subchapter 10 / Section 26-51-1005
Credit granted - Water impoundments
Status: in_force

(a) There shall be allowed a credit against the tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., to an approved applicant that constructs and installs or restores water impoundments or water control structures of twenty (20) acre-feet or more designed for the purpose of storing water to be used primarily for agricultural, commercial, or industrial purposes. (b) (1) The tax credit allowed to each approved applicant shall not exceed the lesser of fifty percent (50%) of the project cost incurred or one hundred twenty thousand dollars ($120,000). (2) (A) The amount of tax credit allowed to each approved applicant per project that may be used for a taxable year shall not exceed the lesser of: (i) The amount of individual or corporate income tax otherwise due; or (ii) Eighteen thousand dollars ($18,000). (B) If the approved applicant is a pass-through entity such as a partnership, a limited liability company taxed as a partnership, a Subchapter S corporation, or a fiduciary, the amount of tax credit that may be used for a taxable year shall not exceed the lesser of: (i) The aggregate amount of individual or corporate income tax otherwise due by all members of the pass-through entity; or (ii) Eighteen thousand dollars ($18,000). (3) Any unused credit may be carried over for a maximum of fifteen (15) consecutive taxable years following the taxable year in which the credit originated. Amended by Act 2021, No. 875,§ 1, eff. for tax years beginning on or after January 1, 2021. Amended by Act 2017, No. 1125,§ 1, eff. for tax years beginning on and after 1/1/2017. Acts 1995, No. 341, § 6; 2001, No. 727, § 2; 2011, No. 631, § 3.

(a) There shall be allowed a credit against the tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., to an approved applicant that constructs and installs or restores water impoundments or water control structures of twenty (20) acre-feet or more designed for the purpose of storing water to be used primarily for agricultural, commercial, or industrial purposes.

(b) (1) The tax credit allowed to each approved applicant shall not exceed the lesser of fifty percent (50%) of the project cost incurred or one hundred twenty thousand dollars ($120,000). (2) (A) The amount of tax credit allowed to each approved applicant per project that may be used for a taxable year shall not exceed the lesser of: (i) The amount of individual or corporate income tax otherwise due; or (ii) Eighteen thousand dollars ($18,000). (B) If the approved applicant is a pass-through entity such as a partnership, a limited liability company taxed as a partnership, a Subchapter S corporation, or a fiduciary, the amount of tax credit that may be used for a taxable year shall not exceed the lesser of: (i) The aggregate amount of individual or corporate income tax otherwise due by all members of the pass-through entity; or (ii) Eighteen thousand dollars ($18,000). (3) Any unused credit may be carried over for a maximum of fifteen (15) consecutive taxable years following the taxable year in which the credit originated.

(1) The tax credit allowed to each approved applicant shall not exceed the lesser of fifty percent (50%) of the project cost incurred or one hundred twenty thousand dollars ($120,000).

(2) (A) The amount of tax credit allowed to each approved applicant per project that may be used for a taxable year shall not exceed the lesser of: (i) The amount of individual or corporate income tax otherwise due; or (ii) Eighteen thousand dollars ($18,000). (B) If the approved applicant is a pass-through entity such as a partnership, a limited liability company taxed as a partnership, a Subchapter S corporation, or a fiduciary, the amount of tax credit that may be used for a taxable year shall not exceed the lesser of: (i) The aggregate amount of individual or corporate income tax otherwise due by all members of the pass-through entity; or (ii) Eighteen thousand dollars ($18,000).

(A) The amount of tax credit allowed to each approved applicant per project that may be used for a taxable year shall not exceed the lesser of: (i) The amount of individual or corporate income tax otherwise due; or (ii) Eighteen thousand dollars ($18,000).

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

(ii) Eighteen thousand dollars ($18,000).

(B) If the approved applicant is a pass-through entity such as a partnership, a limited liability company taxed as a partnership, a Subchapter S corporation, or a fiduciary, the amount of tax credit that may be used for a taxable year shall not exceed the lesser of: (i) The aggregate amount of individual or corporate income tax otherwise due by all members of the pass-through entity; or (ii) Eighteen thousand dollars ($18,000).

(i) The aggregate amount of individual or corporate income tax otherwise due by all members of the pass-through entity; or

(ii) Eighteen thousand dollars ($18,000).

(3) Any unused credit may be carried over for a maximum of fifteen (15) consecutive taxable years following the taxable year in which the credit originated.

Amended by Act 2021, No. 875,§ 1, eff. for tax years beginning on or after January 1, 2021.

Amended by Act 2017, No. 1125,§ 1, eff. for tax years beginning on and after 1/1/2017.

Acts 1995, No. 341, § 6; 2001, No. 727, § 2; 2011, No. 631, § 3.
Ark. Code Ann. § 26-35-501 — AR Code / Title 26 / Chapter 35 / Subchapter 5 / Section 26-35-501
Time to pay - Installments
Status: in_force

(a) (1) (A) Except as provided in subdivision (a)(1)(B) of this section, all ad valorem taxes levied on real and personal property by the several county courts of the state when assembled for the purpose of levying taxes, except taxes on the property of utilities and carriers and all ad valorem taxes on real property held in escrow, are due and payable between the first business day in March and October 15 inclusive in the year succeeding the year in which the levy is made. (B) A county collector may open the tax books for payment of ad valorem taxes before the first business day in March if: (i) The tax books have been delivered; and (ii) The real and personal property taxes have been certified for collection. (2) (A) Except as provided in § 26-35-601 , every taxpayer other than a utility or carrier has the option to pay the current taxes on real property and personal property of the taxpayer in installments as follows: (i) The first installment of one-fourth (1/4) of the amount of the taxes is payable between the first business day in March or, if the county collector opens the tax books early under subdivision (a)(1)(B) of this section, the date the county collector opens the tax books, and the third Monday in April inclusive; (ii) A second installment of one-fourth (1/4) or a first installment of one-half (1/2) if no payment was made before the third Monday in April is payable between the third Monday in April and the third Monday in July inclusive; and (iii) The third installment of one-half (1/2) is payable between the third Monday in July and October 15 inclusive. (B) (i) A county collector may authorize the county's taxpayers other than a utility or carrier to pay current real property taxes and personal property taxes in installments in any amount between the first business day in March and October 15 inclusive. (ii) Except as provided in § 26-35-601 , a county collector shall not accept payment of delinquent real property taxes from a taxpayer unless the delinquent personal property taxes of the taxpayer are paid in full. (b) All ad valorem taxes levied on the real and personal property of utilities and carriers are due and payable as follows: (1) One-fourth (1/4) between the first business day in March and the third Monday in April inclusive; (2) One-fourth (1/4) between the third Monday in April and the second Monday in June inclusive; and (3) One-half (1/2) between the second Monday in June and October 15 inclusive in the year succeeding the year in which the levy is made. (c) (1) A county collector shall assess a penalty of ten percent (10%) against all unpaid tax balances remaining after October 15 for every taxpayer other than a utility or carrier or after the prescribed dates listed in subsection (b) of this section for utilities and carriers. (2) (A) A taxpayer paying in installments under subdivision (a)(2) of this section shall not be assessed a penalty until the taxes become due and remain unpaid after October 15. (B) However, if the last day for the payment of taxes on any installment is a Saturday, Sunday, or postal holiday, the last day to pay taxes without a penalty is the following business day. (3) (A) A property tax balance payment is timely received under this subsection if mailed through the United States Postal Service and postmarked by October 15. (B) If October 15 is a Saturday, Sunday, or postal holiday, a property tax balance payment is timely received if mailed and postmarked through the United States Postal Service the following business day. Amended by Act 2021, No. 307,§ 3, eff. 3/9/2021. Amended by Act 2021, No. 307,§ 2, eff. 3/9/2021. Acts 1911, No. 415, § 1; C. & M. Dig., § 10066; Acts 1927, No. 340, § 3; 1933 (1st Ex. Sess.), No. 16, § 1; 1935, No. 282, § 3; Pope's Dig., § 13826; Acts 1975, No. 574, § 3; 1977 (1st Ex. Sess.), No. 20, § 1; 1979, No. 1050, § 1; A.S.A. 1947, § 84-913; Acts 1989, No. 697, § 1; 2003, No. 295, § 8; 2007, No. 215, § 1; 2011, No. 175, § 10; 2011, No. 821, § 3.

(a) (1) (A) Except as provided in subdivision (a)(1)(B) of this section, all ad valorem taxes levied on real and personal property by the several county courts of the state when assembled for the purpose of levying taxes, except taxes on the property of utilities and carriers and all ad valorem taxes on real property held in escrow, are due and payable between the first business day in March and October 15 inclusive in the year succeeding the year in which the levy is made. (B) A county collector may open the tax books for payment of ad valorem taxes before the first business day in March if: (i) The tax books have been delivered; and (ii) The real and personal property taxes have been certified for collection. (2) (A) Except as provided in § 26-35-601 , every taxpayer other than a utility or carrier has the option to pay the current taxes on real property and personal property of the taxpayer in installments as follows: (i) The first installment of one-fourth (1/4) of the amount of the taxes is payable between the first business day in March or, if the county collector opens the tax books early under subdivision (a)(1)(B) of this section, the date the county collector opens the tax books, and the third Monday in April inclusive; (ii) A second installment of one-fourth (1/4) or a first installment of one-half (1/2) if no payment was made before the third Monday in April is payable between the third Monday in April and the third Monday in July inclusive; and (iii) The third installment of one-half (1/2) is payable between the third Monday in July and October 15 inclusive. (B) (i) A county collector may authorize the county's taxpayers other than a utility or carrier to pay current real property taxes and personal property taxes in installments in any amount between the first business day in March and October 15 inclusive. (ii) Except as provided in § 26-35-601 , a county collector shall not accept payment of delinquent real property taxes from a taxpayer unless the delinquent personal property taxes of the taxpayer are paid in full.

(1) (A) Except as provided in subdivision (a)(1)(B) of this section, all ad valorem taxes levied on real and personal property by the several county courts of the state when assembled for the purpose of levying taxes, except taxes on the property of utilities and carriers and all ad valorem taxes on real property held in escrow, are due and payable between the first business day in March and October 15 inclusive in the year succeeding the year in which the levy is made. (B) A county collector may open the tax books for payment of ad valorem taxes before the first business day in March if: (i) The tax books have been delivered; and (ii) The real and personal property taxes have been certified for collection.

(A) Except as provided in subdivision (a)(1)(B) of this section, all ad valorem taxes levied on real and personal property by the several county courts of the state when assembled for the purpose of levying taxes, except taxes on the property of utilities and carriers and all ad valorem taxes on real property held in escrow, are due and payable between the first business day in March and October 15 inclusive in the year succeeding the year in which the levy is made.

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

(i) The tax books have been delivered; and

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

(2) (A) Except as provided in § 26-35-601 , every taxpayer other than a utility or carrier has the option to pay the current taxes on real property and personal property of the taxpayer in installments as follows: (i) The first installment of one-fourth (1/4) of the amount of the taxes is payable between the first business day in March or, if the county collector opens the tax books early under subdivision (a)(1)(B) of this section, the date the county collector opens the tax books, and the third Monday in April inclusive; (ii) A second installment of one-fourth (1/4) or a first installment of one-half (1/2) if no payment was made before the third Monday in April is payable between the third Monday in April and the third Monday in July inclusive; and (iii) The third installment of one-half (1/2) is payable between the third Monday in July and October 15 inclusive. (B) (i) A county collector may authorize the county's taxpayers other than a utility or carrier to pay current real property taxes and personal property taxes in installments in any amount between the first business day in March and October 15 inclusive. (ii) Except as provided in § 26-35-601 , a county collector shall not accept payment of delinquent real property taxes from a taxpayer unless the delinquent personal property taxes of the taxpayer are paid in full.

(A) Except as provided in § 26-35-601 , every taxpayer other than a utility or carrier has the option to pay the current taxes on real property and personal property of the taxpayer in installments as follows: (i) The first installment of one-fourth (1/4) of the amount of the taxes is payable between the first business day in March or, if the county collector opens the tax books early under subdivision (a)(1)(B) of this section, the date the county collector opens the tax books, and the third Monday in April inclusive; (ii) A second installment of one-fourth (1/4) or a first installment of one-half (1/2) if no payment was made before the third Monday in April is payable between the third Monday in April and the third Monday in July inclusive; and (iii) The third installment of one-half (1/2) is payable between the third Monday in July and October 15 inclusive.

(i) The first installment of one-fourth (1/4) of the amount of the taxes is payable between the first business day in March or, if the county collector opens the tax books early under subdivision (a)(1)(B) of this section, the date the county collector opens the tax books, and the third Monday in April inclusive;

(ii) A second installment of one-fourth (1/4) or a first installment of one-half (1/2) if no payment was made before the third Monday in April is payable between the third Monday in April and the third Monday in July inclusive; and

(iii) The third installment of one-half (1/2) is payable between the third Monday in July and October 15 inclusive.

(B) (i) A county collector may authorize the county's taxpayers other than a utility or carrier to pay current real property taxes and personal property taxes in installments in any amount between the first business day in March and October 15 inclusive. (ii) Except as provided in § 26-35-601 , a county collector shall not accept payment of delinquent real property taxes from a taxpayer unless the delinquent personal property taxes of the taxpayer are paid in full.

(i) A county collector may authorize the county's taxpayers other than a utility or carrier to pay current real property taxes and personal property taxes in installments in any amount between the first business day in March and October 15 inclusive.

(ii) Except as provided in § 26-35-601 , a county collector shall not accept payment of delinquent real property taxes from a taxpayer unless the delinquent personal property taxes of the taxpayer are paid in full.

(b) All ad valorem taxes levied on the real and personal property of utilities and carriers are due and payable as follows: (1) One-fourth (1/4) between the first business day in March and the third Monday in April inclusive; (2) One-fourth (1/4) between the third Monday in April and the second Monday in June inclusive; and (3) One-half (1/2) between the second Monday in June and October 15 inclusive in the year succeeding the year in which the levy is made.

(1) One-fourth (1/4) between the first business day in March and the third Monday in April inclusive;

(2) One-fourth (1/4) between the third Monday in April and the second Monday in June inclusive; and

(3) One-half (1/2) between the second Monday in June and October 15 inclusive in the year succeeding the year in which the levy is made.

(c) (1) A county collector shall assess a penalty of ten percent (10%) against all unpaid tax balances remaining after October 15 for every taxpayer other than a utility or carrier or after the prescribed dates listed in subsection (b) of this section for utilities and carriers. (2) (A) A taxpayer paying in installments under subdivision (a)(2) of this section shall not be assessed a penalty until the taxes become due and remain unpaid after October 15. (B) However, if the last day for the payment of taxes on any installment is a Saturday, Sunday, or postal holiday, the last day to pay taxes without a penalty is the following business day. (3) (A) A property tax balance payment is timely received under this subsection if mailed through the United States Postal Service and postmarked by October 15. (B) If October 15 is a Saturday, Sunday, or postal holiday, a property tax balance payment is timely received if mailed and postmarked through the United States Postal Service the following business day.

(1) A county collector shall assess a penalty of ten percent (10%) against all unpaid tax balances remaining after October 15 for every taxpayer other than a utility or carrier or after the prescribed dates listed in subsection (b) of this section for utilities and carriers.

(2) (A) A taxpayer paying in installments under subdivision (a)(2) of this section shall not be assessed a penalty until the taxes become due and remain unpaid after October 15. (B) However, if the last day for the payment of taxes on any installment is a Saturday, Sunday, or postal holiday, the last day to pay taxes without a penalty is the following business day.

(A) A taxpayer paying in installments under subdivision (a)(2) of this section shall not be assessed a penalty until the taxes become due and remain unpaid after October 15.

(B) However, if the last day for the payment of taxes on any installment is a Saturday, Sunday, or postal holiday, the last day to pay taxes without a penalty is the following business day.

(3) (A) A property tax balance payment is timely received under this subsection if mailed through the United States Postal Service and postmarked by October 15. (B) If October 15 is a Saturday, Sunday, or postal holiday, a property tax balance payment is timely received if mailed and postmarked through the United States Postal Service the following business day.

(A) A property tax balance payment is timely received under this subsection if mailed through the United States Postal Service and postmarked by October 15.

(B) If October 15 is a Saturday, Sunday, or postal holiday, a property tax balance payment is timely received if mailed and postmarked through the United States Postal Service the following business day.

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

Amended by Act 2021, No. 307,§ 2, eff. 3/9/2021.

Acts 1911, No. 415, § 1; C. & M. Dig., § 10066; Acts 1927, No. 340, § 3; 1933 (1st Ex. Sess.), No. 16, § 1; 1935, No. 282, § 3; Pope's Dig., § 13826; Acts 1975, No. 574, § 3; 1977 (1st Ex. Sess.), No. 20, § 1; 1979, No. 1050, § 1; A.S.A. 1947, § 84-913; Acts 1989, No. 697, § 1; 2003, No. 295, § 8; 2007, No. 215, § 1; 2011, No. 175, § 10; 2011, No. 821, § 3.
Ark. Code Ann. § 26-24-101 — AR Code / Title 26 / Chapter 24 / Section 26-24-101
Tax Division created
Status: in_force

For the purpose of assisting it in the carrying out of its functions, powers, and duties, there are created within the Arkansas Public Service Commission the following divisions: (1) (A) A Tax Division which shall have the responsibility of performing all functions and duties regarding assessment and equalization of properties of public utilities and public carriers. (B) (i) (a) All rules and procedures to be followed by the Tax Division in assessing public utilities shall be promulgated by the Arkansas Public Service Commission, and all assessments of public utilities made by the Tax Division shall be upon the approval of the Arkansas Public Service Commission. (b) Any person aggrieved by any assessment of any public utility made by the Tax Division and approved by the Arkansas Public Service Commission shall, upon petition, be entitled to a hearing before the Arkansas Public Service Commission, and appeals from the rulings of the Arkansas Public Service Commission shall be to the circuit court upon the record made before the Arkansas Public Service Commission in the manner provided by law. (ii) (a) All rules and procedures to be followed by the Tax Division in assessing public carriers shall be promulgated by the Arkansas Transportation Commission [abolished], and all assessments of public carriers made by the Tax Division shall be upon the approval of the Arkansas Transportation Commission [abolished]. (b) Any person aggrieved by any assessment of any public carrier made by the Tax Division and approved by the Arkansas Transportation Commission [abolished] shall, upon petition, be entitled to a hearing before the Arkansas Public Service Commission, and appeals from the rulings of the Arkansas Transportation Commission [abolished] shall be to the circuit court upon the record made before the Arkansas Transportation Commission [abolished] in the manner provided by law; and (2) An Assessment Coordination Division [abolished], the duties of which shall be such of those formerly imposed upon the Arkansas Assessment Coordination Department [abolished] as shall be assigned to the Assessment Coordination Division [abolished] by the Arkansas Public Service Commission. None of the duties so assigned shall relate to the assessment of the properties of public carriers or public utilities. Amended by Act 2019, No. 315,§ 2951, eff. 7/24/2019. Amended by Act 2019, No. 315,§ 2950, eff. 7/24/2019. Acts 1959, No. 245, § 1; 1961, No. 129, § 8; A.S.A. 1947, § 84-114; Acts 2009, No. 218, § 1; 2009, No. 951, §§ 1, 2.

For the purpose of assisting it in the carrying out of its functions, powers, and duties, there are created within the Arkansas Public Service Commission the following divisions:

(1) (A) A Tax Division which shall have the responsibility of performing all functions and duties regarding assessment and equalization of properties of public utilities and public carriers. (B) (i) (a) All rules and procedures to be followed by the Tax Division in assessing public utilities shall be promulgated by the Arkansas Public Service Commission, and all assessments of public utilities made by the Tax Division shall be upon the approval of the Arkansas Public Service Commission. (b) Any person aggrieved by any assessment of any public utility made by the Tax Division and approved by the Arkansas Public Service Commission shall, upon petition, be entitled to a hearing before the Arkansas Public Service Commission, and appeals from the rulings of the Arkansas Public Service Commission shall be to the circuit court upon the record made before the Arkansas Public Service Commission in the manner provided by law. (ii) (a) All rules and procedures to be followed by the Tax Division in assessing public carriers shall be promulgated by the Arkansas Transportation Commission [abolished], and all assessments of public carriers made by the Tax Division shall be upon the approval of the Arkansas Transportation Commission [abolished]. (b) Any person aggrieved by any assessment of any public carrier made by the Tax Division and approved by the Arkansas Transportation Commission [abolished] shall, upon petition, be entitled to a hearing before the Arkansas Public Service Commission, and appeals from the rulings of the Arkansas Transportation Commission [abolished] shall be to the circuit court upon the record made before the Arkansas Transportation Commission [abolished] in the manner provided by law; and

(A) A Tax Division which shall have the responsibility of performing all functions and duties regarding assessment and equalization of properties of public utilities and public carriers.

(B) (i) (a) All rules and procedures to be followed by the Tax Division in assessing public utilities shall be promulgated by the Arkansas Public Service Commission, and all assessments of public utilities made by the Tax Division shall be upon the approval of the Arkansas Public Service Commission. (b) Any person aggrieved by any assessment of any public utility made by the Tax Division and approved by the Arkansas Public Service Commission shall, upon petition, be entitled to a hearing before the Arkansas Public Service Commission, and appeals from the rulings of the Arkansas Public Service Commission shall be to the circuit court upon the record made before the Arkansas Public Service Commission in the manner provided by law. (ii) (a) All rules and procedures to be followed by the Tax Division in assessing public carriers shall be promulgated by the Arkansas Transportation Commission [abolished], and all assessments of public carriers made by the Tax Division shall be upon the approval of the Arkansas Transportation Commission [abolished]. (b) Any person aggrieved by any assessment of any public carrier made by the Tax Division and approved by the Arkansas Transportation Commission [abolished] shall, upon petition, be entitled to a hearing before the Arkansas Public Service Commission, and appeals from the rulings of the Arkansas Transportation Commission [abolished] shall be to the circuit court upon the record made before the Arkansas Transportation Commission [abolished] in the manner provided by law; and

(i) (a) All rules and procedures to be followed by the Tax Division in assessing public utilities shall be promulgated by the Arkansas Public Service Commission, and all assessments of public utilities made by the Tax Division shall be upon the approval of the Arkansas Public Service Commission. (b) Any person aggrieved by any assessment of any public utility made by the Tax Division and approved by the Arkansas Public Service Commission shall, upon petition, be entitled to a hearing before the Arkansas Public Service Commission, and appeals from the rulings of the Arkansas Public Service Commission shall be to the circuit court upon the record made before the Arkansas Public Service Commission in the manner provided by law.

(a) All rules and procedures to be followed by the Tax Division in assessing public utilities shall be promulgated by the Arkansas Public Service Commission, and all assessments of public utilities made by the Tax Division shall be upon the approval of the Arkansas Public Service Commission.

(b) Any person aggrieved by any assessment of any public utility made by the Tax Division and approved by the Arkansas Public Service Commission shall, upon petition, be entitled to a hearing before the Arkansas Public Service Commission, and appeals from the rulings of the Arkansas Public Service Commission shall be to the circuit court upon the record made before the Arkansas Public Service Commission in the manner provided by law.

(ii) (a) All rules and procedures to be followed by the Tax Division in assessing public carriers shall be promulgated by the Arkansas Transportation Commission [abolished], and all assessments of public carriers made by the Tax Division shall be upon the approval of the Arkansas Transportation Commission [abolished]. (b) Any person aggrieved by any assessment of any public carrier made by the Tax Division and approved by the Arkansas Transportation Commission [abolished] shall, upon petition, be entitled to a hearing before the Arkansas Public Service Commission, and appeals from the rulings of the Arkansas Transportation Commission [abolished] shall be to the circuit court upon the record made before the Arkansas Transportation Commission [abolished] in the manner provided by law; and

(a) All rules and procedures to be followed by the Tax Division in assessing public carriers shall be promulgated by the Arkansas Transportation Commission [abolished], and all assessments of public carriers made by the Tax Division shall be upon the approval of the Arkansas Transportation Commission [abolished].

(b) Any person aggrieved by any assessment of any public carrier made by the Tax Division and approved by the Arkansas Transportation Commission [abolished] shall, upon petition, be entitled to a hearing before the Arkansas Public Service Commission, and appeals from the rulings of the Arkansas Transportation Commission [abolished] shall be to the circuit court upon the record made before the Arkansas Transportation Commission [abolished] in the manner provided by law; and

(2) An Assessment Coordination Division [abolished], the duties of which shall be such of those formerly imposed upon the Arkansas Assessment Coordination Department [abolished] as shall be assigned to the Assessment Coordination Division [abolished] by the Arkansas Public Service Commission. None of the duties so assigned shall relate to the assessment of the properties of public carriers or public utilities.

Amended by Act 2019, No. 315,§ 2951, eff. 7/24/2019.

Amended by Act 2019, No. 315,§ 2950, eff. 7/24/2019.

Acts 1959, No. 245, § 1; 1961, No. 129, § 8; A.S.A. 1947, § 84-114; Acts 2009, No. 218, § 1; 2009, No. 951, §§ 1, 2.
Ark. Code Ann. § 26-53-136 — AR Code / Title 26 / Chapter 53 / Subchapter 1 / Section 26-53-136
Exemption for nonprofit food distribution agencies
Status: in_force

The gross receipts or gross proceeds derived from the sale of food and food ingredients to nonprofit agencies organized under the Arkansas Nonprofit Corporation Act, § 4-28-201 et seq., for free distribution to the poor and needy shall be exempt from the Arkansas gross receipts tax levied by this subchapter. Acts 1993, No. 1144, § 1; 2007, No. 181, § 37.

The gross receipts or gross proceeds derived from the sale of food and food ingredients to nonprofit agencies organized under the Arkansas Nonprofit Corporation Act, § 4-28-201 et seq., for free distribution to the poor and needy shall be exempt from the Arkansas gross receipts tax levied by this subchapter.

Acts 1993, No. 1144, § 1; 2007, No. 181, § 37.
Ark. Code Ann. § 26-61-109 — AR Code / Title 26 / Chapter 61 / Section 26-61-109
Penalty and delinquency
Status: in_force

(a) If the tax is not paid within the time provided in this chapter, a penalty of up to twenty-five percent (25%) as determined by ordinance of the county quorum court of the amount shall be added thereto and shall be collected at the time delinquent real property taxes thereon are paid. (b) Any delinquent taxes under the provisions of this chapter shall be collected in the same procedures as provided by law for the collection and payment of taxes on real estate. These taxes shall be transmitted monthly by the county collector to the county treasurer for deposit with the Arkansas Forestry Commission as provided in this chapter. Acts 1969, No. 354, § 3; A.S.A. 1947, § 84-312; Acts 1993, No. 1039, § 2.

(a) If the tax is not paid within the time provided in this chapter, a penalty of up to twenty-five percent (25%) as determined by ordinance of the county quorum court of the amount shall be added thereto and shall be collected at the time delinquent real property taxes thereon are paid.

(b) Any delinquent taxes under the provisions of this chapter shall be collected in the same procedures as provided by law for the collection and payment of taxes on real estate. These taxes shall be transmitted monthly by the county collector to the county treasurer for deposit with the Arkansas Forestry Commission as provided in this chapter.

Acts 1969, No. 354, § 3; A.S.A. 1947, § 84-312; Acts 1993, No. 1039, § 2.
Ark. Code Ann. § 26-74-202 — AR Code / Title 26 / Chapter 74 / Subchapter 2 / Section 26-74-202
Construction
Status: in_force

This subchapter shall be liberally construed to accomplish the purposes of this subchapter. Acts 1981 (1st Ex. Sess.), No. 26, § 24, as added by Acts 1983, No. 723, § 7; A.S.A. 1947, § 17-2042.

This subchapter shall be liberally construed to accomplish the purposes of this subchapter.

Acts 1981 (1st Ex. Sess.), No. 26, § 24, as added by Acts 1983, No. 723, § 7; A.S.A. 1947, § 17-2042.
Ark. Code Ann. § 26-75-605 — AR Code / Title 26 / Chapter 75 / Subchapter 6 / Section 26-75-605
Advertising and promotion commissions
Status: in_force

(a) Any municipality levying a tax pursuant to this subchapter shall create by ordinance a municipal advertising and promotion commission, to be composed of seven (7) members, as follows: (1) (A) Four (4) members shall be owners or managers of businesses in the tourism industry, and the owner or manager shall reside in the levying municipality or, if the governing body of the municipality provides for by ordinance, the owner or manager may reside outside of the municipality but within the county where the municipality is located. (B) At least three (3) of these members shall be owners or managers of hotels, motels, or restaurants and shall serve for staggered terms of four (4) years; (2) Two (2) members of the commission shall be members of the governing body of the municipality and selected by the governing body and shall serve at the will of the governing body; and (3) One (1) member shall be from the public at large who shall reside within the levying municipality or in the county of the levying municipality and shall serve for a term of four (4) years. (b) In the case of a city creating the commission authorized in this section after March 4, 1993, the initial members of the commission shall be selected as follows: (1) The four (4) tourism industry positions provided for in subdivision (a)(1) of this section shall be filled by appointment made by the governing body of the city for staggered terms so that: (A) One (1) member will serve for a term of one (1) year; (B) One (1) for a term of two (2) years; (C) One (1) for a term of three (3) years; and (D) One (1) for a term of four (4) years. (2) The at-large position provided for in subdivision (a)(3) of this section shall be filled by nomination by the chief administrator of the city and approval by the governing body of the city. (c) (1) In the case of a city in which a city advertising and promotion commission exists on March 4, 1993, the members of the commission shall continue in office for the balance of the terms to which they have been previously appointed. (2) However, if on that date no commission member has been appointed to hold an at-large position, the mayor shall designate one (1) of the commission members who is also a member of the governing body of the city to fill the at-large position provided for in subdivision (a)(3) of this section for a term of not longer than one (1) year. (d) Whether resulting from expiration of a regular term or otherwise, a vacancy on the commission in any of the four (4) tourism industry positions provided for in subdivision (a)(1) of this section or in the at-large position provided for in subdivision (a)(3) of this section shall be filled by appointment made by the remaining members of the commission, with the approval of the governing body of the city. Acts 1965, No. 185, § 5; 1969, No. 123, § 2; A.S.A. 1947, § 19-4616; Acts 1993, No. 364, § 3; 1997, No. 913, § 1; 2005, No. 2314, § 2.

(a) Any municipality levying a tax pursuant to this subchapter shall create by ordinance a municipal advertising and promotion commission, to be composed of seven (7) members, as follows: (1) (A) Four (4) members shall be owners or managers of businesses in the tourism industry, and the owner or manager shall reside in the levying municipality or, if the governing body of the municipality provides for by ordinance, the owner or manager may reside outside of the municipality but within the county where the municipality is located. (B) At least three (3) of these members shall be owners or managers of hotels, motels, or restaurants and shall serve for staggered terms of four (4) years; (2) Two (2) members of the commission shall be members of the governing body of the municipality and selected by the governing body and shall serve at the will of the governing body; and (3) One (1) member shall be from the public at large who shall reside within the levying municipality or in the county of the levying municipality and shall serve for a term of four (4) years.

(1) (A) Four (4) members shall be owners or managers of businesses in the tourism industry, and the owner or manager shall reside in the levying municipality or, if the governing body of the municipality provides for by ordinance, the owner or manager may reside outside of the municipality but within the county where the municipality is located. (B) At least three (3) of these members shall be owners or managers of hotels, motels, or restaurants and shall serve for staggered terms of four (4) years;

(A) Four (4) members shall be owners or managers of businesses in the tourism industry, and the owner or manager shall reside in the levying municipality or, if the governing body of the municipality provides for by ordinance, the owner or manager may reside outside of the municipality but within the county where the municipality is located.

(B) At least three (3) of these members shall be owners or managers of hotels, motels, or restaurants and shall serve for staggered terms of four (4) years;

(2) Two (2) members of the commission shall be members of the governing body of the municipality and selected by the governing body and shall serve at the will of the governing body; and

(3) One (1) member shall be from the public at large who shall reside within the levying municipality or in the county of the levying municipality and shall serve for a term of four (4) years.

(b) In the case of a city creating the commission authorized in this section after March 4, 1993, the initial members of the commission shall be selected as follows: (1) The four (4) tourism industry positions provided for in subdivision (a)(1) of this section shall be filled by appointment made by the governing body of the city for staggered terms so that: (A) One (1) member will serve for a term of one (1) year; (B) One (1) for a term of two (2) years; (C) One (1) for a term of three (3) years; and (D) One (1) for a term of four (4) years. (2) The at-large position provided for in subdivision (a)(3) of this section shall be filled by nomination by the chief administrator of the city and approval by the governing body of the city.

(1) The four (4) tourism industry positions provided for in subdivision (a)(1) of this section shall be filled by appointment made by the governing body of the city for staggered terms so that: (A) One (1) member will serve for a term of one (1) year; (B) One (1) for a term of two (2) years; (C) One (1) for a term of three (3) years; and (D) One (1) for a term of four (4) years.

(A) One (1) member will serve for a term of one (1) year;

(B) One (1) for a term of two (2) years;

(C) One (1) for a term of three (3) years; and

(D) One (1) for a term of four (4) years.

(2) The at-large position provided for in subdivision (a)(3) of this section shall be filled by nomination by the chief administrator of the city and approval by the governing body of the city.

(c) (1) In the case of a city in which a city advertising and promotion commission exists on March 4, 1993, the members of the commission shall continue in office for the balance of the terms to which they have been previously appointed. (2) However, if on that date no commission member has been appointed to hold an at-large position, the mayor shall designate one (1) of the commission members who is also a member of the governing body of the city to fill the at-large position provided for in subdivision (a)(3) of this section for a term of not longer than one (1) year.

(1) In the case of a city in which a city advertising and promotion commission exists on March 4, 1993, the members of the commission shall continue in office for the balance of the terms to which they have been previously appointed.

(2) However, if on that date no commission member has been appointed to hold an at-large position, the mayor shall designate one (1) of the commission members who is also a member of the governing body of the city to fill the at-large position provided for in subdivision (a)(3) of this section for a term of not longer than one (1) year.

(d) Whether resulting from expiration of a regular term or otherwise, a vacancy on the commission in any of the four (4) tourism industry positions provided for in subdivision (a)(1) of this section or in the at-large position provided for in subdivision (a)(3) of this section shall be filled by appointment made by the remaining members of the commission, with the approval of the governing body of the city.

Acts 1965, No. 185, § 5; 1969, No. 123, § 2; A.S.A. 1947, § 19-4616; Acts 1993, No. 364, § 3; 1997, No. 913, § 1; 2005, No. 2314, § 2.
Ark. Code Ann. § 26-28-110 — AR Code / Title 26 / Chapter 28 / Subchapter 1 / Section 26-28-110
Public records - Preservation
Status: in_force

The tax books delivered to the county collector shall be a public record. At the expiration of the county collector's term of office, they shall be delivered to and deposited in the office of the county clerk, there to be preserved as other records of the county. Acts 1883, No. 114, § 95, p. 199; C. & M. Dig., § 10018; Pope's Dig., § 13765; A.S.A. 1947, § 84-809.

The tax books delivered to the county collector shall be a public record. At the expiration of the county collector's term of office, they shall be delivered to and deposited in the office of the county clerk, there to be preserved as other records of the county.

Acts 1883, No. 114, § 95, p. 199; C. & M. Dig., § 10018; Pope's Dig., § 13765; A.S.A. 1947, § 84-809.
Ark. Code Ann. § 26-5-104 — AR Code / Title 26 / Chapter 5 / Section 26-5-104
[Repealed]
Status: repealed

Repealed by Act 2015, No. 385,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1287,§ 4, eff. 8/16/2013. Acts 1967, No. 410, § 5; A.S.A. 1947, § 84-4105; Acts 1995, No. 1160, § 14.

Repealed by Act 2015, No. 385,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1287,§ 4, eff. 8/16/2013.

Acts 1967, No. 410, § 5; A.S.A. 1947, § 84-4105; Acts 1995, No. 1160, § 14.
Ark. Code Ann. § 26-75-617 — AR Code / Title 26 / Chapter 75 / Subchapter 6 / Section 26-75-617
Refunding bonds
Status: in_force

(a) Bonds may be issued under this subchapter to refund any outstanding bonds issued pursuant to this subchapter or to refund any outstanding bonds issued pursuant to any other law for the purpose of financing convention center projects. (b) (1) The refunding bonds may be either sold for cash or delivered in exchange for the outstanding obligations. (2) If sold for cash, the proceeds may be either applied to the payment of the obligations refunded or deposited into irrevocable trust for the retirement thereof either at maturity or on an authorized redemption date. (c) Refunding bonds shall in all respects be authorized, issued, and secured in the manner provided in this subchapter. (d) The ordinance under which the refunding bonds are issued may provide that any refunding bonds shall have the same priority of lien on all project revenues as originally pledged for payment of the obligation refunded thereby. Acts 1993, No. 364, § 11.

(a) Bonds may be issued under this subchapter to refund any outstanding bonds issued pursuant to this subchapter or to refund any outstanding bonds issued pursuant to any other law for the purpose of financing convention center projects.

(b) (1) The refunding bonds may be either sold for cash or delivered in exchange for the outstanding obligations. (2) If sold for cash, the proceeds may be either applied to the payment of the obligations refunded or deposited into irrevocable trust for the retirement thereof either at maturity or on an authorized redemption date.

(1) The refunding bonds may be either sold for cash or delivered in exchange for the outstanding obligations.

(2) If sold for cash, the proceeds may be either applied to the payment of the obligations refunded or deposited into irrevocable trust for the retirement thereof either at maturity or on an authorized redemption date.

(c) Refunding bonds shall in all respects be authorized, issued, and secured in the manner provided in this subchapter.

(d) The ordinance under which the refunding bonds are issued may provide that any refunding bonds shall have the same priority of lien on all project revenues as originally pledged for payment of the obligation refunded thereby.

Acts 1993, No. 364, § 11.
Ark. Code Ann. § 26-78-107 — AR Code / Title 26 / Chapter 78 / Section 26-78-107
Disposition of revenues
Status: in_force

(a) For the purpose of segregating and keeping apart the revenues derived from the County and Municipality Vehicle Tax from the other revenues of the county or the municipality, as the case may be, there shall be established a separate account, styled "............... County Vehicle Tax Account", in the case of a county, and "............... Municipality Vehicle Tax Account", in the case of a municipality, in a bank that is an authorized depository of county funds in the case of a county and municipal funds in the case of a municipality. All revenues derived from the tax shall be deposited into the separate account. (b) Withdrawals shall be made from the separate account only for the purpose of paying the cost of duplicate receipts, windshield stickers, or other types of identification to be attached to vehicles as required under this chapter, for payment of the county collector's commission, and thereafter, for transmittal to the county treasurer in the case of the county tax and to the treasurers of the respective municipalities in the county in the case of the municipal tax. Acts 1965, No. 446, § 6; A.S.A. 1947, § 76-2306.

(a) For the purpose of segregating and keeping apart the revenues derived from the County and Municipality Vehicle Tax from the other revenues of the county or the municipality, as the case may be, there shall be established a separate account, styled "............... County Vehicle Tax Account", in the case of a county, and "............... Municipality Vehicle Tax Account", in the case of a municipality, in a bank that is an authorized depository of county funds in the case of a county and municipal funds in the case of a municipality. All revenues derived from the tax shall be deposited into the separate account.

(b) Withdrawals shall be made from the separate account only for the purpose of paying the cost of duplicate receipts, windshield stickers, or other types of identification to be attached to vehicles as required under this chapter, for payment of the county collector's commission, and thereafter, for transmittal to the county treasurer in the case of the county tax and to the treasurers of the respective municipalities in the county in the case of the municipal tax.

Acts 1965, No. 446, § 6; A.S.A. 1947, § 76-2306.
Ark. Code Ann. § 26-51-2803 — AR Code / Title 26 / Chapter 51 / Subchapter 28 / Section 26-51-2803
Tax credit - Transferability
Status: in_force

(a) (1) Subject to the limitation stated in subdivision (a)(2) of this section, there is allowed an income tax credit against the income tax imposed by this chapter in an amount equal to fifty percent (50%) of an eligible taxpayer's railroad track maintenance expenditures. (2) The amount of the income tax credit allowed an eligible taxpayer under this subsection shall not exceed the product of: (A) Five thousand dollars ($5,000); and (B) The number of miles of railroad track owned or leased within the state by the eligible taxpayer at the close of the taxable year. (b) The amount of the income tax credit under this section that may be claimed by a taxpayer in a tax year shall not exceed the amount of income tax due by the taxpayer. (c) Any unused income tax credit under this section may be carried forward for five (5) consecutive tax years following the tax year in which the income tax credit was earned. (d) (1) The income tax credit allowed under this section may be transferred: (A) By written agreement to a taxpayer subject to the income tax imposed by this chapter; and (B) At any time during the five (5) years following the year the income tax credit was originally earned by the eligible taxpayer. (2) The written agreement required for a transfer under this subsection shall: (A) Be filed jointly by the transferor and the transferee with the Department of Finance and Administration within thirty (30) days of the transfer; and (B) Contain the following information: (i) The name, address, and taxpayer identification number for the transferor and the transferee; (ii) The amount of the income tax credit being transferred; (iii) The year the income tax credit was originally earned by the eligible taxpayer under this section; and (iv) The remaining tax years for which the income tax credit may be claimed. Added by Act 2021, No. 967,§ 1, eff. for tax years beginning on or after January 1, 2021.

(a) (1) Subject to the limitation stated in subdivision (a)(2) of this section, there is allowed an income tax credit against the income tax imposed by this chapter in an amount equal to fifty percent (50%) of an eligible taxpayer's railroad track maintenance expenditures. (2) The amount of the income tax credit allowed an eligible taxpayer under this subsection shall not exceed the product of: (A) Five thousand dollars ($5,000); and (B) The number of miles of railroad track owned or leased within the state by the eligible taxpayer at the close of the taxable year.

(1) Subject to the limitation stated in subdivision (a)(2) of this section, there is allowed an income tax credit against the income tax imposed by this chapter in an amount equal to fifty percent (50%) of an eligible taxpayer's railroad track maintenance expenditures.

(2) The amount of the income tax credit allowed an eligible taxpayer under this subsection shall not exceed the product of: (A) Five thousand dollars ($5,000); and (B) The number of miles of railroad track owned or leased within the state by the eligible taxpayer at the close of the taxable year.

(A) Five thousand dollars ($5,000); and

(B) The number of miles of railroad track owned or leased within the state by the eligible taxpayer at the close of the taxable year.

(b) The amount of the income tax credit under this section that may be claimed by a taxpayer in a tax year shall not exceed the amount of income tax due by the taxpayer.

(c) Any unused income tax credit under this section may be carried forward for five (5) consecutive tax years following the tax year in which the income tax credit was earned.

(d) (1) The income tax credit allowed under this section may be transferred: (A) By written agreement to a taxpayer subject to the income tax imposed by this chapter; and (B) At any time during the five (5) years following the year the income tax credit was originally earned by the eligible taxpayer. (2) The written agreement required for a transfer under this subsection shall: (A) Be filed jointly by the transferor and the transferee with the Department of Finance and Administration within thirty (30) days of the transfer; and (B) Contain the following information: (i) The name, address, and taxpayer identification number for the transferor and the transferee; (ii) The amount of the income tax credit being transferred; (iii) The year the income tax credit was originally earned by the eligible taxpayer under this section; and (iv) The remaining tax years for which the income tax credit may be claimed.

(1) The income tax credit allowed under this section may be transferred: (A) By written agreement to a taxpayer subject to the income tax imposed by this chapter; and (B) At any time during the five (5) years following the year the income tax credit was originally earned by the eligible taxpayer.

(A) By written agreement to a taxpayer subject to the income tax imposed by this chapter; and

(B) At any time during the five (5) years following the year the income tax credit was originally earned by the eligible taxpayer.

(2) The written agreement required for a transfer under this subsection shall: (A) Be filed jointly by the transferor and the transferee with the Department of Finance and Administration within thirty (30) days of the transfer; and (B) Contain the following information: (i) The name, address, and taxpayer identification number for the transferor and the transferee; (ii) The amount of the income tax credit being transferred; (iii) The year the income tax credit was originally earned by the eligible taxpayer under this section; and (iv) The remaining tax years for which the income tax credit may be claimed.

(A) Be filed jointly by the transferor and the transferee with the Department of Finance and Administration within thirty (30) days of the transfer; and

(B) Contain the following information: (i) The name, address, and taxpayer identification number for the transferor and the transferee; (ii) The amount of the income tax credit being transferred; (iii) The year the income tax credit was originally earned by the eligible taxpayer under this section; and (iv) The remaining tax years for which the income tax credit may be claimed.

(i) The name, address, and taxpayer identification number for the transferor and the transferee;

(ii) The amount of the income tax credit being transferred;

(iii) The year the income tax credit was originally earned by the eligible taxpayer under this section; and

(iv) The remaining tax years for which the income tax credit may be claimed.

Added by Act 2021, No. 967,§ 1, eff. for tax years beginning on or after January 1, 2021.
Ark. Code Ann. § 26-51-815 — AR Code / Title 26 / Chapter 51 / Subchapter 8 / Section 26-51-815
Computing capital gains and losses - Definitions
Status: in_force

(a) (1) (A) To the extent they apply to capital gains and losses realized or incurred during income years beginning after December 31, 1996, 26 U.S.C. §§ 1211 - 1231 , 1232 [repealed], 1232A [repealed], 1232B [repealed], 1233 - 1237, 1239, 1240 [repealed], 1241 - 1245, 1246 [repealed], 1247 [repealed], 1248 - 1250, 1251 [repealed], and 1252 - 1257, as in effect on January 1, 2011, and the regulations of the United States Secretary of the Treasury promulgated under 26 U.S.C. §§ 1211 - 1231 , 1232 [repealed], 1232A [repealed], 1232B [repealed], 1233 - 1237, 1239, 1240 [repealed], 1241 - 1245, 1246 [repealed], 1247 [repealed], 1248 - 1250, 1251 [repealed], and 1252 - 1257, as in effect on January 1, 2011, are adopted for the purpose of computing tax liability under the Income Tax Act of 1929, § 26-51-101 et seq. (B) However, the provisions of this section shall not apply to a C corporation as defined in 26 U.S.C. § 1361 , as in effect on January 1, 2011. (2) Furthermore, any other provisions of the federal income tax law and regulations necessary for interpreting and implementing 26 U.S.C. §§ 1211 - 1231 , 1232 [repealed], 1232A [repealed], 1232B [repealed], 1233 - 1237, 1239, 1240 [repealed], 1241 - 1245, 1246 [repealed], 1247 [repealed], 1248 - 1250, 1251 [repealed], and 1252 - 1257 are adopted to that extent and as in effect on January 1, 2007. (b) (1) Except as otherwise provided in this subsection, if a taxpayer has a net capital gain for tax years beginning on and after January 1, 1999, thirty percent (30%) of the gain is exempt from state income tax. (2) If a taxpayer has a net capital gain, the following portion of the gain is exempt from state income tax: (A) From January 1, 2015, through January 31, 2015, fifty percent (50%); (B) Beginning February 1, 2015, forty-five percent (45%); and (C) Beginning on and after July 1, 2016, fifty percent (50%). (3) The amount of net capital gain in excess of ten million dollars ($10,000,000) from a gain realized on or after January 1, 2014, is exempt from the state income tax. (c) Title 26 U.S.C. § 1202 , as in effect on January 1, 2017, regarding the exclusion from gain of certain small business stock, is adopted for the purpose of computing Arkansas income tax liability. (d) (1) If a taxpayer has a net capital gain from a venture capital investment, one hundred percent (100%) of the gain shall be exempt from the Income Tax Act of 1929, § 26-51-101 et seq., if: (A) The venture capital investment was initially made on or after January 1, 2001; and (B) The venture capital investment was held for at least five (5) years prior to disposition. (2) (A) "Venture capital" means equity financing, broadly defined, including early stage research, development, commercialization, seed capital for startup enterprises, and other risk capital for expansion of entrepreneurial enterprises doing business in Arkansas that are: (i) Qualified technology-based enterprises doing business in Arkansas; (ii) Qualified biotechnology enterprises doing business in Arkansas; or (iii) Qualified technology incubator clients doing business in Arkansas. (B) "Venture capital" does not include the purchase of a share of stock in a company if, on the date on which the share of stock is purchased, the company has securities outstanding that are: (i) Registered on a national securities exchange under § 12(b) of Title I of the Securities Exchange Act of 1934, 15 U.S.C. § 78l , as it existed on January 1, 2001; (ii) Registered or required to be registered under § 12(g) of Title I of the Securities Exchange Act of 1934, 15 U.S.C. § 78l , as it existed on January 1, 2001; or (iii) Required to be registered except for the exemptions in § 12(g)(2) of Title I of the Securities Exchange Act of 1934, 15 U.S.C. § 78l , as it existed on January 1, 2001. (C) "Qualified biotechnology enterprise" means a corporation, partnership, limited liability company, sole proprietorship, or other entity that is certified by the Arkansas Economic Development Commission pursuant to § 2-8-108 [repealed]. (D) "Qualified technology incubator" means a business incubator certified by the Director of the Arkansas Economic Development Commission with the advice of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission as being a facility operated in cooperation with an Arkansas college or university to foster the growth of technology-based enterprises. (E) "Qualified technology incubator client" means a corporation, partnership, limited liability company, sole proprietorship, or other entity that, as of the date of the venture capital investment, is certified by an Arkansas college or university as currently receiving, or having received within the previous three (3) years, the services of a qualified technology incubator. (F) "Qualified technology-based enterprise" means a corporation, partnership, limited liability company, sole proprietorship, or other legal entity whose primary business directly involves commercializing the results of research in fields having long-term economic or commercial value to the state and having been identified in the research and development plan approved by the board. Amended by Act 2019, No. 910,§ 632, eff. 7/1/2019. Amended by Act 2017, No. 155,§ 24, eff. for tax years beginning on and after 1/1/2015. Amended by Act 2015EX1, No. 8,§ 117, eff. 7/1/2015. Amended by Act 2015EX1, No. 7,§ 117, eff. 7/1/2015. Amended by Act 2015, No. 1173,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 1173,§ 1, eff. 7/22/2015. Amended by Act 2015, No. 22,§ 3, eff. 2/6/2015. Amended by Act 2013, No. 1488,§ 2, eff. for tax years beginning on and after January 1, 2014. Acts 1929, No. 118, §§ 45, 46, as added by 1985, No. 848, § 1; 1985 (1st Ex. Sess.), No. 20, § 1; 1985 (1st Ex. Sess.), No. 32, § 1; A.S.A. 1947, §§ 84-2048.1, 84-2048.2; Acts 1987, No. 35, § 2; 1989, No. 933, § 2; 1991, No. 882, § 1; 1995, No. 1160, § 9; 1997, No. 951, § 16; 1999, No. 1005, § 1; 1999, No. 1126, § 39; 2001, No. 1584, § 1; 2003, No. 857, § 1; 2007, No. 218, § 36; 2011, No. 787, § 34.

(a) (1) (A) To the extent they apply to capital gains and losses realized or incurred during income years beginning after December 31, 1996, 26 U.S.C. §§ 1211 - 1231 , 1232 [repealed], 1232A [repealed], 1232B [repealed], 1233 - 1237, 1239, 1240 [repealed], 1241 - 1245, 1246 [repealed], 1247 [repealed], 1248 - 1250, 1251 [repealed], and 1252 - 1257, as in effect on January 1, 2011, and the regulations of the United States Secretary of the Treasury promulgated under 26 U.S.C. §§ 1211 - 1231 , 1232 [repealed], 1232A [repealed], 1232B [repealed], 1233 - 1237, 1239, 1240 [repealed], 1241 - 1245, 1246 [repealed], 1247 [repealed], 1248 - 1250, 1251 [repealed], and 1252 - 1257, as in effect on January 1, 2011, are adopted for the purpose of computing tax liability under the Income Tax Act of 1929, § 26-51-101 et seq. (B) However, the provisions of this section shall not apply to a C corporation as defined in 26 U.S.C. § 1361 , as in effect on January 1, 2011. (2) Furthermore, any other provisions of the federal income tax law and regulations necessary for interpreting and implementing 26 U.S.C. §§ 1211 - 1231 , 1232 [repealed], 1232A [repealed], 1232B [repealed], 1233 - 1237, 1239, 1240 [repealed], 1241 - 1245, 1246 [repealed], 1247 [repealed], 1248 - 1250, 1251 [repealed], and 1252 - 1257 are adopted to that extent and as in effect on January 1, 2007.

(1) (A) To the extent they apply to capital gains and losses realized or incurred during income years beginning after December 31, 1996, 26 U.S.C. §§ 1211 - 1231 , 1232 [repealed], 1232A [repealed], 1232B [repealed], 1233 - 1237, 1239, 1240 [repealed], 1241 - 1245, 1246 [repealed], 1247 [repealed], 1248 - 1250, 1251 [repealed], and 1252 - 1257, as in effect on January 1, 2011, and the regulations of the United States Secretary of the Treasury promulgated under 26 U.S.C. §§ 1211 - 1231 , 1232 [repealed], 1232A [repealed], 1232B [repealed], 1233 - 1237, 1239, 1240 [repealed], 1241 - 1245, 1246 [repealed], 1247 [repealed], 1248 - 1250, 1251 [repealed], and 1252 - 1257, as in effect on January 1, 2011, are adopted for the purpose of computing tax liability under the Income Tax Act of 1929, § 26-51-101 et seq. (B) However, the provisions of this section shall not apply to a C corporation as defined in 26 U.S.C. § 1361 , as in effect on January 1, 2011.

(A) To the extent they apply to capital gains and losses realized or incurred during income years beginning after December 31, 1996, 26 U.S.C. §§ 1211 - 1231 , 1232 [repealed], 1232A [repealed], 1232B [repealed], 1233 - 1237, 1239, 1240 [repealed], 1241 - 1245, 1246 [repealed], 1247 [repealed], 1248 - 1250, 1251 [repealed], and 1252 - 1257, as in effect on January 1, 2011, and the regulations of the United States Secretary of the Treasury promulgated under 26 U.S.C. §§ 1211 - 1231 , 1232 [repealed], 1232A [repealed], 1232B [repealed], 1233 - 1237, 1239, 1240 [repealed], 1241 - 1245, 1246 [repealed], 1247 [repealed], 1248 - 1250, 1251 [repealed], and 1252 - 1257, as in effect on January 1, 2011, are adopted for the purpose of computing tax liability under the Income Tax Act of 1929, § 26-51-101 et seq.

(B) However, the provisions of this section shall not apply to a C corporation as defined in 26 U.S.C. § 1361 , as in effect on January 1, 2011.

(2) Furthermore, any other provisions of the federal income tax law and regulations necessary for interpreting and implementing 26 U.S.C. §§ 1211 - 1231 , 1232 [repealed], 1232A [repealed], 1232B [repealed], 1233 - 1237, 1239, 1240 [repealed], 1241 - 1245, 1246 [repealed], 1247 [repealed], 1248 - 1250, 1251 [repealed], and 1252 - 1257 are adopted to that extent and as in effect on January 1, 2007.

(b) (1) Except as otherwise provided in this subsection, if a taxpayer has a net capital gain for tax years beginning on and after January 1, 1999, thirty percent (30%) of the gain is exempt from state income tax. (2) If a taxpayer has a net capital gain, the following portion of the gain is exempt from state income tax: (A) From January 1, 2015, through January 31, 2015, fifty percent (50%); (B) Beginning February 1, 2015, forty-five percent (45%); and (C) Beginning on and after July 1, 2016, fifty percent (50%). (3) The amount of net capital gain in excess of ten million dollars ($10,000,000) from a gain realized on or after January 1, 2014, is exempt from the state income tax.

(1) Except as otherwise provided in this subsection, if a taxpayer has a net capital gain for tax years beginning on and after January 1, 1999, thirty percent (30%) of the gain is exempt from state income tax.

(2) If a taxpayer has a net capital gain, the following portion of the gain is exempt from state income tax: (A) From January 1, 2015, through January 31, 2015, fifty percent (50%); (B) Beginning February 1, 2015, forty-five percent (45%); and (C) Beginning on and after July 1, 2016, fifty percent (50%).

(A) From January 1, 2015, through January 31, 2015, fifty percent (50%);

(B) Beginning February 1, 2015, forty-five percent (45%); and

(C) Beginning on and after July 1, 2016, fifty percent (50%).

(3) The amount of net capital gain in excess of ten million dollars ($10,000,000) from a gain realized on or after January 1, 2014, is exempt from the state income tax.

(c) Title 26 U.S.C. § 1202 , as in effect on January 1, 2017, regarding the exclusion from gain of certain small business stock, is adopted for the purpose of computing Arkansas income tax liability.

(d) (1) If a taxpayer has a net capital gain from a venture capital investment, one hundred percent (100%) of the gain shall be exempt from the Income Tax Act of 1929, § 26-51-101 et seq., if: (A) The venture capital investment was initially made on or after January 1, 2001; and (B) The venture capital investment was held for at least five (5) years prior to disposition. (2) (A) "Venture capital" means equity financing, broadly defined, including early stage research, development, commercialization, seed capital for startup enterprises, and other risk capital for expansion of entrepreneurial enterprises doing business in Arkansas that are: (i) Qualified technology-based enterprises doing business in Arkansas; (ii) Qualified biotechnology enterprises doing business in Arkansas; or (iii) Qualified technology incubator clients doing business in Arkansas. (B) "Venture capital" does not include the purchase of a share of stock in a company if, on the date on which the share of stock is purchased, the company has securities outstanding that are: (i) Registered on a national securities exchange under § 12(b) of Title I of the Securities Exchange Act of 1934, 15 U.S.C. § 78l , as it existed on January 1, 2001; (ii) Registered or required to be registered under § 12(g) of Title I of the Securities Exchange Act of 1934, 15 U.S.C. § 78l , as it existed on January 1, 2001; or (iii) Required to be registered except for the exemptions in § 12(g)(2) of Title I of the Securities Exchange Act of 1934, 15 U.S.C. § 78l , as it existed on January 1, 2001. (C) "Qualified biotechnology enterprise" means a corporation, partnership, limited liability company, sole proprietorship, or other entity that is certified by the Arkansas Economic Development Commission pursuant to § 2-8-108 [repealed]. (D) "Qualified technology incubator" means a business incubator certified by the Director of the Arkansas Economic Development Commission with the advice of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission as being a facility operated in cooperation with an Arkansas college or university to foster the growth of technology-based enterprises. (E) "Qualified technology incubator client" means a corporation, partnership, limited liability company, sole proprietorship, or other entity that, as of the date of the venture capital investment, is certified by an Arkansas college or university as currently receiving, or having received within the previous three (3) years, the services of a qualified technology incubator. (F) "Qualified technology-based enterprise" means a corporation, partnership, limited liability company, sole proprietorship, or other legal entity whose primary business directly involves commercializing the results of research in fields having long-term economic or commercial value to the state and having been identified in the research and development plan approved by the board.

(1) If a taxpayer has a net capital gain from a venture capital investment, one hundred percent (100%) of the gain shall be exempt from the Income Tax Act of 1929, § 26-51-101 et seq., if: (A) The venture capital investment was initially made on or after January 1, 2001; and (B) The venture capital investment was held for at least five (5) years prior to disposition.

(A) The venture capital investment was initially made on or after January 1, 2001; and

(B) The venture capital investment was held for at least five (5) years prior to disposition.

(2) (A) "Venture capital" means equity financing, broadly defined, including early stage research, development, commercialization, seed capital for startup enterprises, and other risk capital for expansion of entrepreneurial enterprises doing business in Arkansas that are: (i) Qualified technology-based enterprises doing business in Arkansas; (ii) Qualified biotechnology enterprises doing business in Arkansas; or (iii) Qualified technology incubator clients doing business in Arkansas. (B) "Venture capital" does not include the purchase of a share of stock in a company if, on the date on which the share of stock is purchased, the company has securities outstanding that are: (i) Registered on a national securities exchange under § 12(b) of Title I of the Securities Exchange Act of 1934, 15 U.S.C. § 78l , as it existed on January 1, 2001; (ii) Registered or required to be registered under § 12(g) of Title I of the Securities Exchange Act of 1934, 15 U.S.C. § 78l , as it existed on January 1, 2001; or (iii) Required to be registered except for the exemptions in § 12(g)(2) of Title I of the Securities Exchange Act of 1934, 15 U.S.C. § 78l , as it existed on January 1, 2001. (C) "Qualified biotechnology enterprise" means a corporation, partnership, limited liability company, sole proprietorship, or other entity that is certified by the Arkansas Economic Development Commission pursuant to § 2-8-108 [repealed]. (D) "Qualified technology incubator" means a business incubator certified by the Director of the Arkansas Economic Development Commission with the advice of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission as being a facility operated in cooperation with an Arkansas college or university to foster the growth of technology-based enterprises. (E) "Qualified technology incubator client" means a corporation, partnership, limited liability company, sole proprietorship, or other entity that, as of the date of the venture capital investment, is certified by an Arkansas college or university as currently receiving, or having received within the previous three (3) years, the services of a qualified technology incubator. (F) "Qualified technology-based enterprise" means a corporation, partnership, limited liability company, sole proprietorship, or other legal entity whose primary business directly involves commercializing the results of research in fields having long-term economic or commercial value to the state and having been identified in the research and development plan approved by the board.

(A) "Venture capital" means equity financing, broadly defined, including early stage research, development, commercialization, seed capital for startup enterprises, and other risk capital for expansion of entrepreneurial enterprises doing business in Arkansas that are: (i) Qualified technology-based enterprises doing business in Arkansas; (ii) Qualified biotechnology enterprises doing business in Arkansas; or (iii) Qualified technology incubator clients doing business in Arkansas.

(i) Qualified technology-based enterprises doing business in Arkansas;

(ii) Qualified biotechnology enterprises doing business in Arkansas; or

(iii) Qualified technology incubator clients doing business in Arkansas.

(B) "Venture capital" does not include the purchase of a share of stock in a company if, on the date on which the share of stock is purchased, the company has securities outstanding that are: (i) Registered on a national securities exchange under § 12(b) of Title I of the Securities Exchange Act of 1934, 15 U.S.C. § 78l , as it existed on January 1, 2001; (ii) Registered or required to be registered under § 12(g) of Title I of the Securities Exchange Act of 1934, 15 U.S.C. § 78l , as it existed on January 1, 2001; or (iii) Required to be registered except for the exemptions in § 12(g)(2) of Title I of the Securities Exchange Act of 1934, 15 U.S.C. § 78l , as it existed on January 1, 2001.

(i) Registered on a national securities exchange under § 12(b) of Title I of the Securities Exchange Act of 1934, 15 U.S.C. § 78l , as it existed on January 1, 2001;

(ii) Registered or required to be registered under § 12(g) of Title I of the Securities Exchange Act of 1934, 15 U.S.C. § 78l , as it existed on January 1, 2001; or

(iii) Required to be registered except for the exemptions in § 12(g)(2) of Title I of the Securities Exchange Act of 1934, 15 U.S.C. § 78l , as it existed on January 1, 2001.

(C) "Qualified biotechnology enterprise" means a corporation, partnership, limited liability company, sole proprietorship, or other entity that is certified by the Arkansas Economic Development Commission pursuant to § 2-8-108 [repealed].

(D) "Qualified technology incubator" means a business incubator certified by the Director of the Arkansas Economic Development Commission with the advice of the Board of Directors of the Division of Science and Technology of the Arkansas Economic Development Commission as being a facility operated in cooperation with an Arkansas college or university to foster the growth of technology-based enterprises.

(E) "Qualified technology incubator client" means a corporation, partnership, limited liability company, sole proprietorship, or other entity that, as of the date of the venture capital investment, is certified by an Arkansas college or university as currently receiving, or having received within the previous three (3) years, the services of a qualified technology incubator.

(F) "Qualified technology-based enterprise" means a corporation, partnership, limited liability company, sole proprietorship, or other legal entity whose primary business directly involves commercializing the results of research in fields having long-term economic or commercial value to the state and having been identified in the research and development plan approved by the board.

Amended by Act 2019, No. 910,§ 632, eff. 7/1/2019.

Amended by Act 2017, No. 155,§ 24, eff. for tax years beginning on and after 1/1/2015.

Amended by Act 2015EX1, No. 8,§ 117, eff. 7/1/2015.

Amended by Act 2015EX1, No. 7,§ 117, eff. 7/1/2015.

Amended by Act 2015, No. 1173,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 1173,§ 1, eff. 7/22/2015.

Amended by Act 2015, No. 22,§ 3, eff. 2/6/2015.

Amended by Act 2013, No. 1488,§ 2, eff. for tax years beginning on and after January 1, 2014.

Acts 1929, No. 118, §§ 45, 46, as added by 1985, No. 848, § 1; 1985 (1st Ex. Sess.), No. 20, § 1; 1985 (1st Ex. Sess.), No. 32, § 1; A.S.A. 1947, §§ 84-2048.1, 84-2048.2; Acts 1987, No. 35, § 2; 1989, No. 933, § 2; 1991, No. 882, § 1; 1995, No. 1160, § 9; 1997, No. 951, § 16; 1999, No. 1005, § 1; 1999, No. 1126, § 39; 2001, No. 1584, § 1; 2003, No. 857, § 1; 2007, No. 218, § 36; 2011, No. 787, § 34.
Ark. Code Ann. § 26-57-1203 — AR Code / Title 26 / Chapter 57 / Subchapter 12 / Section 26-57-1203
Definitions
Status: in_force

As used in this subchapter: (1) (A) "Coin-operated bulk vending device" means machines or devices containing unsorted merchandise which upon insertion of a coin or coins dispenses the merchandise in approximately equal portions, at random, and without selection by the customer. (B) The vending machine is a simple mechanical device capable of accepting a coin of only one (1) denomination with one (1) coin slot. (C) Sorted or unsorted merchandise dispensed by the vending machines include gum, candy, toys, novelties, sanitary napkins, or other similar merchandise; (2) (A) "Coin-operated manually powered vending device" means any and all machines or devices that: (i) Use manual power rather than electromotive power for dispensing products; and (ii) Upon payment or insertion of coins, tokens, or similar objects, dispense the type of tangible personal property described in subdivision (4)(A) of this section. (B) "Coin-operated manually powered vending device" is intended to include: (i) Coin-operated manually powered vending devices that have one (1) or more coin slots as long as the dispensing devices are housed in one (1) cabinet; and (ii) Manually powered devices that dispense prophylactics. (C) "Coin-operated manually powered vending device" is not intended to refer to a coin-operated bulk vending device, which term itself is otherwise defined by this section; (3) "Coin-operated tabletop snack vending device" means any and all machines or devices without refrigeration capabilities that: (A) Sit upon a counter, tabletop, or stand and provide for eighteen (18) selections, or less; and (B) Upon the payment or insertion of a coin, token, or similar object, dispenses tangible personal property, including candies, gum, chips, cookies, crackers, or other edible snacks, but not cold drinks, hot drinks, or sandwiches; (4) (A) "Coin-operated vending device" means any and all machines or devices which, upon the payment or insertion of a coin, token, or similar object, dispense tangible personal property, including, but not limited to, candies, gum, cold drinks, hot drinks, sandwiches, chips, ballpoint pens, combs, cigarette lighters, soaps or detergents, or other edible or inedible items. (B) "Coin-operated vending device" does not mean: (i) Amusement and game machines; (ii) Devices used exclusively for the purpose of selling cigarettes, newspapers, magazines, or postage stamps; or (iii) Devices used for the purpose of selling services such as pay telephone booths, parking meters, gas and electric meters, automatic teller machines, compressed air, or other devices used in the distribution of the needed services; (5) "Decal registration year" or "decal fee year" means the period that begins on July 1 of a given year, and expires on June 30 of the following year, during which a vending device decal as required by this subchapter must be purchased and affixed to all vending devices operating within the state; (6) "Operator" means the person who as owner, lessee, bailee, or otherwise is responsible for removing money from the vending device and who is the person who would otherwise be responsible for reporting and paying the applicable gross receipts sales taxes on sales made through the vending device; (7) "Owner" means the person who is the owner of any vending device; (8) "Person" means any individual, partnership, association, or corporation; and (9) "Vending device" means a: (A) Coin-operated vending device; (B) Coin-operated bulk vending device; (C) Coin-operated manually powered vending device; and (D) Coin-operated tabletop snack vending device. Acts 1997, No. 928, § 3.

As used in this subchapter:

(1) (A) "Coin-operated bulk vending device" means machines or devices containing unsorted merchandise which upon insertion of a coin or coins dispenses the merchandise in approximately equal portions, at random, and without selection by the customer. (B) The vending machine is a simple mechanical device capable of accepting a coin of only one (1) denomination with one (1) coin slot. (C) Sorted or unsorted merchandise dispensed by the vending machines include gum, candy, toys, novelties, sanitary napkins, or other similar merchandise;

(A) "Coin-operated bulk vending device" means machines or devices containing unsorted merchandise which upon insertion of a coin or coins dispenses the merchandise in approximately equal portions, at random, and without selection by the customer.

(B) The vending machine is a simple mechanical device capable of accepting a coin of only one (1) denomination with one (1) coin slot.

(C) Sorted or unsorted merchandise dispensed by the vending machines include gum, candy, toys, novelties, sanitary napkins, or other similar merchandise;

(2) (A) "Coin-operated manually powered vending device" means any and all machines or devices that: (i) Use manual power rather than electromotive power for dispensing products; and (ii) Upon payment or insertion of coins, tokens, or similar objects, dispense the type of tangible personal property described in subdivision (4)(A) of this section. (B) "Coin-operated manually powered vending device" is intended to include: (i) Coin-operated manually powered vending devices that have one (1) or more coin slots as long as the dispensing devices are housed in one (1) cabinet; and (ii) Manually powered devices that dispense prophylactics. (C) "Coin-operated manually powered vending device" is not intended to refer to a coin-operated bulk vending device, which term itself is otherwise defined by this section;

(A) "Coin-operated manually powered vending device" means any and all machines or devices that: (i) Use manual power rather than electromotive power for dispensing products; and (ii) Upon payment or insertion of coins, tokens, or similar objects, dispense the type of tangible personal property described in subdivision (4)(A) of this section.

(i) Use manual power rather than electromotive power for dispensing products; and

(ii) Upon payment or insertion of coins, tokens, or similar objects, dispense the type of tangible personal property described in subdivision (4)(A) of this section.

(B) "Coin-operated manually powered vending device" is intended to include: (i) Coin-operated manually powered vending devices that have one (1) or more coin slots as long as the dispensing devices are housed in one (1) cabinet; and (ii) Manually powered devices that dispense prophylactics.

(i) Coin-operated manually powered vending devices that have one (1) or more coin slots as long as the dispensing devices are housed in one (1) cabinet; and

(ii) Manually powered devices that dispense prophylactics.

(C) "Coin-operated manually powered vending device" is not intended to refer to a coin-operated bulk vending device, which term itself is otherwise defined by this section;

(3) "Coin-operated tabletop snack vending device" means any and all machines or devices without refrigeration capabilities that: (A) Sit upon a counter, tabletop, or stand and provide for eighteen (18) selections, or less; and (B) Upon the payment or insertion of a coin, token, or similar object, dispenses tangible personal property, including candies, gum, chips, cookies, crackers, or other edible snacks, but not cold drinks, hot drinks, or sandwiches;

(A) Sit upon a counter, tabletop, or stand and provide for eighteen (18) selections, or less; and

(B) Upon the payment or insertion of a coin, token, or similar object, dispenses tangible personal property, including candies, gum, chips, cookies, crackers, or other edible snacks, but not cold drinks, hot drinks, or sandwiches;

(4) (A) "Coin-operated vending device" means any and all machines or devices which, upon the payment or insertion of a coin, token, or similar object, dispense tangible personal property, including, but not limited to, candies, gum, cold drinks, hot drinks, sandwiches, chips, ballpoint pens, combs, cigarette lighters, soaps or detergents, or other edible or inedible items. (B) "Coin-operated vending device" does not mean: (i) Amusement and game machines; (ii) Devices used exclusively for the purpose of selling cigarettes, newspapers, magazines, or postage stamps; or (iii) Devices used for the purpose of selling services such as pay telephone booths, parking meters, gas and electric meters, automatic teller machines, compressed air, or other devices used in the distribution of the needed services;

(A) "Coin-operated vending device" means any and all machines or devices which, upon the payment or insertion of a coin, token, or similar object, dispense tangible personal property, including, but not limited to, candies, gum, cold drinks, hot drinks, sandwiches, chips, ballpoint pens, combs, cigarette lighters, soaps or detergents, or other edible or inedible items.

(B) "Coin-operated vending device" does not mean: (i) Amusement and game machines; (ii) Devices used exclusively for the purpose of selling cigarettes, newspapers, magazines, or postage stamps; or (iii) Devices used for the purpose of selling services such as pay telephone booths, parking meters, gas and electric meters, automatic teller machines, compressed air, or other devices used in the distribution of the needed services;

(i) Amusement and game machines;

(ii) Devices used exclusively for the purpose of selling cigarettes, newspapers, magazines, or postage stamps; or

(iii) Devices used for the purpose of selling services such as pay telephone booths, parking meters, gas and electric meters, automatic teller machines, compressed air, or other devices used in the distribution of the needed services;

(5) "Decal registration year" or "decal fee year" means the period that begins on July 1 of a given year, and expires on June 30 of the following year, during which a vending device decal as required by this subchapter must be purchased and affixed to all vending devices operating within the state;

(6) "Operator" means the person who as owner, lessee, bailee, or otherwise is responsible for removing money from the vending device and who is the person who would otherwise be responsible for reporting and paying the applicable gross receipts sales taxes on sales made through the vending device;

(7) "Owner" means the person who is the owner of any vending device;

(8) "Person" means any individual, partnership, association, or corporation; and

(9) "Vending device" means a: (A) Coin-operated vending device; (B) Coin-operated bulk vending device; (C) Coin-operated manually powered vending device; and (D) Coin-operated tabletop snack vending device.

(A) Coin-operated vending device;

(B) Coin-operated bulk vending device;

(C) Coin-operated manually powered vending device; and

(D) Coin-operated tabletop snack vending device.

Acts 1997, No. 928, § 3.
Ark. Code Ann. § 26-58-103 — AR Code / Title 26 / Chapter 58 / Subchapter 1 / Section 26-58-103
Liability for other taxes not affected by subchapter
Status: in_force

Payment of the severance tax shall not affect the liability of the producers for all state, county, municipal, district, and special taxes upon their real and other corporeal property. Acts 1947, No. 136, § 11; 1947, No. 299, § 1; 1983, No. 254, § 9; A.S.A. 1947, § 84-2111.

Payment of the severance tax shall not affect the liability of the producers for all state, county, municipal, district, and special taxes upon their real and other corporeal property.

Acts 1947, No. 136, § 11; 1947, No. 299, § 1; 1983, No. 254, § 9; A.S.A. 1947, § 84-2111.
Ark. Code Ann. § 26-18-101 — AR Code / Title 26 / Chapter 18 / Subchapter 1 / Section 26-18-101
Title
Status: in_force

This chapter shall be known and may be cited as the "Arkansas Tax Procedure Act". Acts 1979, No. 401, § 1; A.S.A. 1947, § 84-4701.

This chapter shall be known and may be cited as the "Arkansas Tax Procedure Act".

Acts 1979, No. 401, § 1; A.S.A. 1947, § 84-4701.
Ark. Code Ann. § 26-24-102 — AR Code / Title 26 / Chapter 24 / Section 26-24-102
Power and authority generally
Status: in_force

The Arkansas Public Service Commission shall have the full power and authority in the administration of the tax laws of this state to have and exercise general and complete supervision and control over: (1) The valuation, assessment, and equalization of all property, privileges, and franchises; and (2) The several county assessors, county equalization boards, and other officers charged with the assessment or equalization of property taxes throughout the state, to the end that all assessments on property, privileges, and franchises in this state shall be made in relative proportion to the just and true value of the property, privileges, and franchises, in substantial compliance with the law. Acts 1927, No. 129, § 12; Pope's Dig., § 2038; A.S.A. 1947, § 84-103; Acts 1999, No. 228, § 1.

The Arkansas Public Service Commission shall have the full power and authority in the administration of the tax laws of this state to have and exercise general and complete supervision and control over:

(1) The valuation, assessment, and equalization of all property, privileges, and franchises; and

(2) The several county assessors, county equalization boards, and other officers charged with the assessment or equalization of property taxes throughout the state, to the end that all assessments on property, privileges, and franchises in this state shall be made in relative proportion to the just and true value of the property, privileges, and franchises, in substantial compliance with the law.

Acts 1927, No. 129, § 12; Pope's Dig., § 2038; A.S.A. 1947, § 84-103; Acts 1999, No. 228, § 1.
Ark. Code Ann. § 26-57-1502 — AR Code / Title 26 / Chapter 57 / Subchapter 15 / Section 26-57-1502
Administration of law
Status: in_force

The provisions of this subchapter are subject to the provisions of the Arkansas Tax Procedure Act, § 26-18-101 et seq., as those provisions apply to the administration of this subchapter by the Secretary of the Department of Finance and Administration, including without limitation the provisions regarding interest and penalty on delinquent taxes. Amended by Act 2019, No. 910,§ 4225, eff. 7/1/2019. Added by Act 2017, No. 1098,§ 2, eff. 7/1/2017.

The provisions of this subchapter are subject to the provisions of the Arkansas Tax Procedure Act, § 26-18-101 et seq., as those provisions apply to the administration of this subchapter by the Secretary of the Department of Finance and Administration, including without limitation the provisions regarding interest and penalty on delinquent taxes.

Amended by Act 2019, No. 910,§ 4225, eff. 7/1/2019.

Added by Act 2017, No. 1098,§ 2, eff. 7/1/2017.
Ark. Code Ann. § 26-51-303 — AR Code / Title 26 / Chapter 51 / Subchapter 3 / Section 26-51-303
Exempt organizations
Status: in_force

(a) The following organizations shall be exempt from taxation under the Income Tax Act of 1929, § 26-51-101 et seq.: (1) Fraternal benefit societies, orders, or associations: (A) Operating under the lodge system or for the exclusive benefit of the members of a fraternity itself operating under the lodge system; and (B) Providing for the payment of life, sickness, accident, or other benefits to the members of such society, order, or association or their dependents; (2) Domestic life and disability insurance companies and foreign insurance companies; (3) Cemetery corporations; (4) Business leagues, chambers of commerce, or boards of trade not organized for profit and no part of the net earnings of which inures to the benefit of any private stockholders or individuals; (5) Civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare; (6) Farmers' or other mutual hail, cyclone, or fire insurance companies, or other domestic insurance companies writing lines of insurance other than those specified in subdivisions (a)(1) and (2) of this section, mutual ditch or irrigation companies, mutual or cooperative telephone companies, or like organizations of a purely local character, but only if eighty-five percent (85%) or more of the income of the organization consists solely of assessments, dues, and fees collected from members for the sole purpose of meeting losses and expenses; (7) Farmers', fruit growers', or like organizations organized and operated as sales agent for the purpose of marketing the products of members and turning back to them the proceeds of sales, less the necessary selling expenses, on the basis of the quantity of produce furnished by them; (8) Labor, agricultural, or horticultural organizations, no part of the net earnings of which inures to the benefit of any private stockholder or member; (9) Corporations, trusts, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda or otherwise attempting to influence legislation, and which does not participate in, or intervene in, including the publishing or distributing of statements, any political campaign on behalf of or in opposition to any candidate for public office; and (10) A political organization that does not have political organization taxable income for the tax year under 26 U.S.C. § 527 , as in effect on January 1, 2009. (b) (1) Every organization claiming exemption under the Income Tax Act of 1929, § 26-51-101 et seq., shall notify the Revenue Division of the Department of Finance and Administration of its exempt status. (2) Each such organization shall provide such additional information as the division shall also reasonably require for verification of the organization's exempt status. (3) Provided, however, that any organization which is determined to be exempt from income taxation under the provisions of the Internal Revenue Code, 26 U.S.C. § 1 et seq., for any one (1) or more of the purposes set forth in subsection (a) of this section shall verify its exempt status hereunder by delivery to the division of a copy of the document declaring its exempt status under the Internal Revenue Code, 26 U.S.C. § 1 et seq. Acts 1929, No. 118, Art. 2, § 6; Pope's Dig., §§ 7979, 14029; Acts 1941, No. 129, § 4; 1957, No. 259, § 1; 1973, No. 182, § 3; A.S.A. 1947, § 84-2006; Acts 1987, No. 1033, § 6; 1991, No. 1123, § 18; 1993, No. 1147, § 1804; 2009, No. 372, § 1.

(a) The following organizations shall be exempt from taxation under the Income Tax Act of 1929, § 26-51-101 et seq.: (1) Fraternal benefit societies, orders, or associations: (A) Operating under the lodge system or for the exclusive benefit of the members of a fraternity itself operating under the lodge system; and (B) Providing for the payment of life, sickness, accident, or other benefits to the members of such society, order, or association or their dependents; (2) Domestic life and disability insurance companies and foreign insurance companies; (3) Cemetery corporations; (4) Business leagues, chambers of commerce, or boards of trade not organized for profit and no part of the net earnings of which inures to the benefit of any private stockholders or individuals; (5) Civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare; (6) Farmers' or other mutual hail, cyclone, or fire insurance companies, or other domestic insurance companies writing lines of insurance other than those specified in subdivisions (a)(1) and (2) of this section, mutual ditch or irrigation companies, mutual or cooperative telephone companies, or like organizations of a purely local character, but only if eighty-five percent (85%) or more of the income of the organization consists solely of assessments, dues, and fees collected from members for the sole purpose of meeting losses and expenses; (7) Farmers', fruit growers', or like organizations organized and operated as sales agent for the purpose of marketing the products of members and turning back to them the proceeds of sales, less the necessary selling expenses, on the basis of the quantity of produce furnished by them; (8) Labor, agricultural, or horticultural organizations, no part of the net earnings of which inures to the benefit of any private stockholder or member; (9) Corporations, trusts, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda or otherwise attempting to influence legislation, and which does not participate in, or intervene in, including the publishing or distributing of statements, any political campaign on behalf of or in opposition to any candidate for public office; and (10) A political organization that does not have political organization taxable income for the tax year under 26 U.S.C. § 527 , as in effect on January 1, 2009.

(1) Fraternal benefit societies, orders, or associations: (A) Operating under the lodge system or for the exclusive benefit of the members of a fraternity itself operating under the lodge system; and (B) Providing for the payment of life, sickness, accident, or other benefits to the members of such society, order, or association or their dependents;

(A) Operating under the lodge system or for the exclusive benefit of the members of a fraternity itself operating under the lodge system; and

(B) Providing for the payment of life, sickness, accident, or other benefits to the members of such society, order, or association or their dependents;

(2) Domestic life and disability insurance companies and foreign insurance companies;

(3) Cemetery corporations;

(4) Business leagues, chambers of commerce, or boards of trade not organized for profit and no part of the net earnings of which inures to the benefit of any private stockholders or individuals;

(5) Civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare;

(6) Farmers' or other mutual hail, cyclone, or fire insurance companies, or other domestic insurance companies writing lines of insurance other than those specified in subdivisions (a)(1) and (2) of this section, mutual ditch or irrigation companies, mutual or cooperative telephone companies, or like organizations of a purely local character, but only if eighty-five percent (85%) or more of the income of the organization consists solely of assessments, dues, and fees collected from members for the sole purpose of meeting losses and expenses;

(7) Farmers', fruit growers', or like organizations organized and operated as sales agent for the purpose of marketing the products of members and turning back to them the proceeds of sales, less the necessary selling expenses, on the basis of the quantity of produce furnished by them;

(8) Labor, agricultural, or horticultural organizations, no part of the net earnings of which inures to the benefit of any private stockholder or member;

(9) Corporations, trusts, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda or otherwise attempting to influence legislation, and which does not participate in, or intervene in, including the publishing or distributing of statements, any political campaign on behalf of or in opposition to any candidate for public office; and

(10) A political organization that does not have political organization taxable income for the tax year under 26 U.S.C. § 527 , as in effect on January 1, 2009.

(b) (1) Every organization claiming exemption under the Income Tax Act of 1929, § 26-51-101 et seq., shall notify the Revenue Division of the Department of Finance and Administration of its exempt status. (2) Each such organization shall provide such additional information as the division shall also reasonably require for verification of the organization's exempt status. (3) Provided, however, that any organization which is determined to be exempt from income taxation under the provisions of the Internal Revenue Code, 26 U.S.C. § 1 et seq., for any one (1) or more of the purposes set forth in subsection (a) of this section shall verify its exempt status hereunder by delivery to the division of a copy of the document declaring its exempt status under the Internal Revenue Code, 26 U.S.C. § 1 et seq.

(1) Every organization claiming exemption under the Income Tax Act of 1929, § 26-51-101 et seq., shall notify the Revenue Division of the Department of Finance and Administration of its exempt status.

(2) Each such organization shall provide such additional information as the division shall also reasonably require for verification of the organization's exempt status.

(3) Provided, however, that any organization which is determined to be exempt from income taxation under the provisions of the Internal Revenue Code, 26 U.S.C. § 1 et seq., for any one (1) or more of the purposes set forth in subsection (a) of this section shall verify its exempt status hereunder by delivery to the division of a copy of the document declaring its exempt status under the Internal Revenue Code, 26 U.S.C. § 1 et seq.

Acts 1929, No. 118, Art. 2, § 6; Pope's Dig., §§ 7979, 14029; Acts 1941, No. 129, § 4; 1957, No. 259, § 1; 1973, No. 182, § 3; A.S.A. 1947, § 84-2006; Acts 1987, No. 1033, § 6; 1991, No. 1123, § 18; 1993, No. 1147, § 1804; 2009, No. 372, § 1.
Ark. Code Ann. § 26-51-1011 — AR Code / Title 26 / Chapter 51 / Subchapter 10 / Section 26-51-1011
Development, operation, and tax credits
Status: in_force

(a) Project activities shall meet or exceed those standards as established by the Arkansas Natural Resources Commission, and the project must be maintained for a minimum life of ten (10) years after issuance of a certificate of completion. (b) Project costs incurred after issuance of a tax credit approval certificate may be claimed for tax credit, subject to other limitations contained in this subchapter. (c) (1) All projects must be completed within five (5) years of the date of the certificate of tax credit approval. (2) If the approved applicant does not complete the project within the period provided in subdivision (c)(1) of this section, all tax credits claimed shall be repaid to the Department of Finance and Administration, and the project will be disallowed as a project for tax credit purposes. (d) (1) If the approved applicant terminates the project prior to expiration of the minimum project life, the approved applicant shall provide written notification to the commission and the department. In addition, the approved applicant shall file an amended tax return and repay the amount of tax credit claimed that was not allowable. (2) If the commission determines that the approved applicant has terminated the project, it shall notify the department. (e) (1) Upon the termination of a project, the approved applicant shall not be allowed any further tax credits provided in this subchapter, and the department shall recapture the pro rata share of any tax credits claimed under this subchapter for the period of termination. (2) The pro rata share for recapture of the disallowed tax credits shall be determined by dividing the period of time from termination of the project until the expiration of the minimum life of the project by the required minimum life of the project times the tax credit claimed. (f) Notwithstanding the provisions of § 26-18-306 , the department may make necessary assessments to recapture disallowed tax credits for a period of three (3) years from the date of expiration of the minimum life of the project. (g) For purposes of this subchapter, the recordkeeping provisions of § 26-18-506 requiring an approved applicant to maintain records for six (6) years after a return is filed shall be extended to require the approved applicant claiming a credit under this subchapter to maintain the required records for the required minimum life of the project plus three (3) years. Amended by Act 2021, No. 563,§ 1, eff. retroactively to all projects for which a certificate of tax credit approval was issued on or after January 1, 2017. Acts 1995, No. 341, § 12; 2011, No. 631, § 9. The amendment to subdivison (c)(1) by Act 2021, No. 563 is effective retroactively to all projects for which a certificate of tax credit approval was issued on or after January 1, 2017.

(a) Project activities shall meet or exceed those standards as established by the Arkansas Natural Resources Commission, and the project must be maintained for a minimum life of ten (10) years after issuance of a certificate of completion.

(b) Project costs incurred after issuance of a tax credit approval certificate may be claimed for tax credit, subject to other limitations contained in this subchapter.

(c) (1) All projects must be completed within five (5) years of the date of the certificate of tax credit approval. (2) If the approved applicant does not complete the project within the period provided in subdivision (c)(1) of this section, all tax credits claimed shall be repaid to the Department of Finance and Administration, and the project will be disallowed as a project for tax credit purposes.

(1) All projects must be completed within five (5) years of the date of the certificate of tax credit approval.

(2) If the approved applicant does not complete the project within the period provided in subdivision (c)(1) of this section, all tax credits claimed shall be repaid to the Department of Finance and Administration, and the project will be disallowed as a project for tax credit purposes.

(d) (1) If the approved applicant terminates the project prior to expiration of the minimum project life, the approved applicant shall provide written notification to the commission and the department. In addition, the approved applicant shall file an amended tax return and repay the amount of tax credit claimed that was not allowable. (2) If the commission determines that the approved applicant has terminated the project, it shall notify the department.

(1) If the approved applicant terminates the project prior to expiration of the minimum project life, the approved applicant shall provide written notification to the commission and the department. In addition, the approved applicant shall file an amended tax return and repay the amount of tax credit claimed that was not allowable.

(2) If the commission determines that the approved applicant has terminated the project, it shall notify the department.

(e) (1) Upon the termination of a project, the approved applicant shall not be allowed any further tax credits provided in this subchapter, and the department shall recapture the pro rata share of any tax credits claimed under this subchapter for the period of termination. (2) The pro rata share for recapture of the disallowed tax credits shall be determined by dividing the period of time from termination of the project until the expiration of the minimum life of the project by the required minimum life of the project times the tax credit claimed.

(1) Upon the termination of a project, the approved applicant shall not be allowed any further tax credits provided in this subchapter, and the department shall recapture the pro rata share of any tax credits claimed under this subchapter for the period of termination.

(2) The pro rata share for recapture of the disallowed tax credits shall be determined by dividing the period of time from termination of the project until the expiration of the minimum life of the project by the required minimum life of the project times the tax credit claimed.

(f) Notwithstanding the provisions of § 26-18-306 , the department may make necessary assessments to recapture disallowed tax credits for a period of three (3) years from the date of expiration of the minimum life of the project.

(g) For purposes of this subchapter, the recordkeeping provisions of § 26-18-506 requiring an approved applicant to maintain records for six (6) years after a return is filed shall be extended to require the approved applicant claiming a credit under this subchapter to maintain the required records for the required minimum life of the project plus three (3) years.

Amended by Act 2021, No. 563,§ 1, eff. retroactively to all projects for which a certificate of tax credit approval was issued on or after January 1, 2017.

Acts 1995, No. 341, § 12; 2011, No. 631, § 9.

The amendment to subdivison (c)(1) by Act 2021, No. 563 is effective retroactively to all projects for which a certificate of tax credit approval was issued on or after January 1, 2017.
Ark. Code Ann. § 26-24-107 — AR Code / Title 26 / Chapter 24 / Section 26-24-107
Rules
Status: in_force

The Arkansas Public Service Commission shall have the full power and authority in the administration of the tax laws of this state to: (1) Prescribe from time to time such general and uniform rules and issue such orders and instructions, not inconsistent with law, as may be deemed necessary respecting the manner of the exercise of the powers and discharge of the duties of any and all taxing officials; and (2) Require compliance with the commission's forms, rules, orders, and instructions. Amended by Act 2019, No. 315,§ 2952, eff. 7/24/2019. Acts 1927, No. 129, § 12; Pope's Dig., § 2038; A.S.A. 1947, § 84-103.

The Arkansas Public Service Commission shall have the full power and authority in the administration of the tax laws of this state to:

(1) Prescribe from time to time such general and uniform rules and issue such orders and instructions, not inconsistent with law, as may be deemed necessary respecting the manner of the exercise of the powers and discharge of the duties of any and all taxing officials; and

(2) Require compliance with the commission's forms, rules, orders, and instructions.

Amended by Act 2019, No. 315,§ 2952, eff. 7/24/2019.

Acts 1927, No. 129, § 12; Pope's Dig., § 2038; A.S.A. 1947, § 84-103.
Ark. Code Ann. § 26-55-907 — AR Code / Title 26 / Chapter 55 / Subchapter 9 / Section 26-55-907
Testing and sealing
Status: in_force

(a) Every compartment of a vehicle tank shall be equipped with permanently attached indicators of the capacity of the compartment. (b) After each compartment has been gauged or calibrated, if it is approved, the Director of the State Plant Board shall place a seal on each indicator. (c) It shall be the duty of the owner or operator of the vehicle tank to report to the director immediately the breaking of the seal on the indicator which was placed there by the director. Acts 1955, No. 50, § 8; A.S.A. 1947, § 75-1166.

(a) Every compartment of a vehicle tank shall be equipped with permanently attached indicators of the capacity of the compartment.

(b) After each compartment has been gauged or calibrated, if it is approved, the Director of the State Plant Board shall place a seal on each indicator.

(c) It shall be the duty of the owner or operator of the vehicle tank to report to the director immediately the breaking of the seal on the indicator which was placed there by the director.

Acts 1955, No. 50, § 8; A.S.A. 1947, § 75-1166.
Ark. Code Ann. § 26-25-104 — AR Code / Title 26 / Chapter 25 / Section 26-25-104
State levy in cities one mile from state line
Status: in_force

The rate of all taxes levied by the State of Arkansas, not including county, city, and other local tax levies, in cities and incorporated towns whose corporate limits on March 11, 1957, extend to within one (1) mile of the corporate limits of an Arkansas city which adjoins a city in another state and is separated therefrom only by a state line, shall be at the rate at which the tax is levied and collected in the Arkansas city which adjoins a city in another state and is separated therefrom only by a state line. Acts 1957, No. 201, § 1; A.S.A. 1947, § 84-307.

The rate of all taxes levied by the State of Arkansas, not including county, city, and other local tax levies, in cities and incorporated towns whose corporate limits on March 11, 1957, extend to within one (1) mile of the corporate limits of an Arkansas city which adjoins a city in another state and is separated therefrom only by a state line, shall be at the rate at which the tax is levied and collected in the Arkansas city which adjoins a city in another state and is separated therefrom only by a state line.

Acts 1957, No. 201, § 1; A.S.A. 1947, § 84-307.
Ark. Code Ann. § 26-36-306 — AR Code / Title 26 / Chapter 36 / Subchapter 3 / Section 26-36-306
Minimum sum collectible
Status: in_force

A claimant agency shall not be allowed to effect final setoff and collect debts through use of the remedy established under this subchapter unless the debt is at least twenty dollars ($20.00). However, the Revenue Division of the Department of Finance and Administration may set off any lesser sum, regardless of this provision, which the Secretary of the Department of Finance and Administration shall establish as economically justifiable. Amended by Act 2019, No. 910,§ 3691, eff. 7/1/2019. Acts 1983, No. 372, § 4; 1985, No. 987, § 2; A.S.A. 1947, § 84-4904.

A claimant agency shall not be allowed to effect final setoff and collect debts through use of the remedy established under this subchapter unless the debt is at least twenty dollars ($20.00). However, the Revenue Division of the Department of Finance and Administration may set off any lesser sum, regardless of this provision, which the Secretary of the Department of Finance and Administration shall establish as economically justifiable.

Amended by Act 2019, No. 910,§ 3691, eff. 7/1/2019.

Acts 1983, No. 372, § 4; 1985, No. 987, § 2; A.S.A. 1947, § 84-4904.
Ark. Code Ann. § 26-53-131 — AR Code / Title 26 / Chapter 53 / Subchapter 1 / Section 26-53-131
Credit for tax paid in another state
Status: in_force

(a) (1) (A) (i) This subchapter does not apply to tangible personal property, specified digital products, a digital code, or taxable services used, consumed, distributed, or stored in this state upon which a like tax equal to or greater than the tax imposed by this subchapter has been paid in another state. (ii) Proof of payment of such a tax shall be made according to the rules promulgated by the Secretary of the Department of Finance and Administration. (B) If the amount of tax paid in another state is less than the amount of Arkansas compensating tax imposed on the property or services by this subchapter, then the taxpayer shall pay to the secretary an amount of Arkansas compensating tax sufficient to make the combined amount of tax paid in the other state and this state equal to the total amount of Arkansas compensating tax that would be due if no tax on the property or services had been paid to any other state. (2) No credit shall be given under this section for taxes paid on the property or services in another state if that state does not grant credit for taxes paid on similar tangible personal property, specified digital products, digital codes, or services in this state. (b) The provisions of this section shall be cumulative to the provisions of this subchapter and shall not be construed as repealing or modifying any of the provisions of this subchapter. (c) A credit is not allowed for sales or use taxes paid to another state with respect to the purchase of a motor vehicle, trailer, or semitrailer that was first registered by the purchaser in Arkansas. Amended by Act 2019, No. 315,§ 3002, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3915, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3914, eff. 7/1/2019. Amended by Act 2017, No. 141,§ 56, eff. for tax years beginning on and after 1/1/2018. Acts 1989, No. 395, § 3; 1989 (3rd Ex. Sess.), No. 9, § 2; 2003, No. 1273, § 31; 2009, No. 655, § 37; 2011, No. 983, § 12.

(a) (1) (A) (i) This subchapter does not apply to tangible personal property, specified digital products, a digital code, or taxable services used, consumed, distributed, or stored in this state upon which a like tax equal to or greater than the tax imposed by this subchapter has been paid in another state. (ii) Proof of payment of such a tax shall be made according to the rules promulgated by the Secretary of the Department of Finance and Administration. (B) If the amount of tax paid in another state is less than the amount of Arkansas compensating tax imposed on the property or services by this subchapter, then the taxpayer shall pay to the secretary an amount of Arkansas compensating tax sufficient to make the combined amount of tax paid in the other state and this state equal to the total amount of Arkansas compensating tax that would be due if no tax on the property or services had been paid to any other state. (2) No credit shall be given under this section for taxes paid on the property or services in another state if that state does not grant credit for taxes paid on similar tangible personal property, specified digital products, digital codes, or services in this state.

(1) (A) (i) This subchapter does not apply to tangible personal property, specified digital products, a digital code, or taxable services used, consumed, distributed, or stored in this state upon which a like tax equal to or greater than the tax imposed by this subchapter has been paid in another state. (ii) Proof of payment of such a tax shall be made according to the rules promulgated by the Secretary of the Department of Finance and Administration. (B) If the amount of tax paid in another state is less than the amount of Arkansas compensating tax imposed on the property or services by this subchapter, then the taxpayer shall pay to the secretary an amount of Arkansas compensating tax sufficient to make the combined amount of tax paid in the other state and this state equal to the total amount of Arkansas compensating tax that would be due if no tax on the property or services had been paid to any other state.

(A) (i) This subchapter does not apply to tangible personal property, specified digital products, a digital code, or taxable services used, consumed, distributed, or stored in this state upon which a like tax equal to or greater than the tax imposed by this subchapter has been paid in another state. (ii) Proof of payment of such a tax shall be made according to the rules promulgated by the Secretary of the Department of Finance and Administration.

(i) This subchapter does not apply to tangible personal property, specified digital products, a digital code, or taxable services used, consumed, distributed, or stored in this state upon which a like tax equal to or greater than the tax imposed by this subchapter has been paid in another state.

(ii) Proof of payment of such a tax shall be made according to the rules promulgated by the Secretary of the Department of Finance and Administration.

(B) If the amount of tax paid in another state is less than the amount of Arkansas compensating tax imposed on the property or services by this subchapter, then the taxpayer shall pay to the secretary an amount of Arkansas compensating tax sufficient to make the combined amount of tax paid in the other state and this state equal to the total amount of Arkansas compensating tax that would be due if no tax on the property or services had been paid to any other state.

(2) No credit shall be given under this section for taxes paid on the property or services in another state if that state does not grant credit for taxes paid on similar tangible personal property, specified digital products, digital codes, or services in this state.

(b) The provisions of this section shall be cumulative to the provisions of this subchapter and shall not be construed as repealing or modifying any of the provisions of this subchapter.

(c) A credit is not allowed for sales or use taxes paid to another state with respect to the purchase of a motor vehicle, trailer, or semitrailer that was first registered by the purchaser in Arkansas.

Amended by Act 2019, No. 315,§ 3002, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3915, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3914, eff. 7/1/2019.

Amended by Act 2017, No. 141,§ 56, eff. for tax years beginning on and after 1/1/2018.

Acts 1989, No. 395, § 3; 1989 (3rd Ex. Sess.), No. 9, § 2; 2003, No. 1273, § 31; 2009, No. 655, § 37; 2011, No. 983, § 12.
Ark. Code Ann. § 26-18-404 — AR Code / Title 26 / Chapter 18 / Subchapter 4 / Section 26-18-404
Taxpayer relief
Status: in_force

(a) Any taxpayer who wishes to seek administrative relief from any proposed assessment of taxes or from a denial of a claim for refund by the Secretary of the Department of Finance and Administration shall follow the procedure provided by this section. (b) (1) A taxpayer may at his or her option either request the secretary to consider his or her request for relief solely upon written documents furnished by the taxpayer or upon the written documents and any evidence produced by the taxpayer at a hearing. (2) A taxpayer who requests the secretary to render his or her decision based on written documents is not entitled by law to any other administrative hearing prior to the secretary's rendering of his or her decision and, if necessary, the issuing of a final assessment and demand for payment or issuing of a certificate of indebtedness. (c) (1) Within sixty (60) days after service of notice of the proposed assessment or denial of a claim for refund, the taxpayer may file with the secretary a written protest under oath, signed by the taxpayer or the taxpayer's authorized agent, setting forth the taxpayer's reasons for opposing the proposed assessment or the denial of a claim for refund. (2) No administrative relief will be available to a taxpayer who fails to protest or to a taxpayer who fails to request an extension of time to protest a proposed assessment of tax or denial of a claim for refund within the sixty (60) days following the service of notice of the proposed assessment or denial of a claim for refund. (d) The secretary may, in his or her discretion, extend the time for filing a protest for any period of time not to exceed an additional ninety-day period. (e) Administrative relief is not available to a taxpayer under this section for a proposed assessment or a refund claim denial issued by the secretary on or after January 1, 2023. Amended by Act 2021, No. 593,§ 13, eff. 1/1/2023. Acts 1979, No. 401, § 19; A.S.A. 1947, § 84-4719; Acts 1997, No. 1139, §§ 2, 3; 1999, No. 1277, §§ 1, 2; 2007, No. 212, § 1.

(a) Any taxpayer who wishes to seek administrative relief from any proposed assessment of taxes or from a denial of a claim for refund by the Secretary of the Department of Finance and Administration shall follow the procedure provided by this section.

(b) (1) A taxpayer may at his or her option either request the secretary to consider his or her request for relief solely upon written documents furnished by the taxpayer or upon the written documents and any evidence produced by the taxpayer at a hearing. (2) A taxpayer who requests the secretary to render his or her decision based on written documents is not entitled by law to any other administrative hearing prior to the secretary's rendering of his or her decision and, if necessary, the issuing of a final assessment and demand for payment or issuing of a certificate of indebtedness.

(1) A taxpayer may at his or her option either request the secretary to consider his or her request for relief solely upon written documents furnished by the taxpayer or upon the written documents and any evidence produced by the taxpayer at a hearing.

(2) A taxpayer who requests the secretary to render his or her decision based on written documents is not entitled by law to any other administrative hearing prior to the secretary's rendering of his or her decision and, if necessary, the issuing of a final assessment and demand for payment or issuing of a certificate of indebtedness.

(c) (1) Within sixty (60) days after service of notice of the proposed assessment or denial of a claim for refund, the taxpayer may file with the secretary a written protest under oath, signed by the taxpayer or the taxpayer's authorized agent, setting forth the taxpayer's reasons for opposing the proposed assessment or the denial of a claim for refund. (2) No administrative relief will be available to a taxpayer who fails to protest or to a taxpayer who fails to request an extension of time to protest a proposed assessment of tax or denial of a claim for refund within the sixty (60) days following the service of notice of the proposed assessment or denial of a claim for refund.

(1) Within sixty (60) days after service of notice of the proposed assessment or denial of a claim for refund, the taxpayer may file with the secretary a written protest under oath, signed by the taxpayer or the taxpayer's authorized agent, setting forth the taxpayer's reasons for opposing the proposed assessment or the denial of a claim for refund.

(2) No administrative relief will be available to a taxpayer who fails to protest or to a taxpayer who fails to request an extension of time to protest a proposed assessment of tax or denial of a claim for refund within the sixty (60) days following the service of notice of the proposed assessment or denial of a claim for refund.

(d) The secretary may, in his or her discretion, extend the time for filing a protest for any period of time not to exceed an additional ninety-day period.

(e) Administrative relief is not available to a taxpayer under this section for a proposed assessment or a refund claim denial issued by the secretary on or after January 1, 2023.

Amended by Act 2021, No. 593,§ 13, eff. 1/1/2023.

Acts 1979, No. 401, § 19; A.S.A. 1947, § 84-4719; Acts 1997, No. 1139, §§ 2, 3; 1999, No. 1277, §§ 1, 2; 2007, No. 212, § 1.
Ark. Code Ann. § 26-35-603 — AR Code / Title 26 / Chapter 35 / Subchapter 6 / Section 26-35-603
Moneys paid over upon resignation
Status: in_force

(a) (1) Any county collector who shall resign, be removed, or be disqualified shall pay over all moneys, which may be in his or her hands, due the state, county, city, town, or school district, to his or her successor in office and take duplicate receipts therefor. (2) One (1) of the receipts shall be filed with the county clerk and the other retained by the county collector. (b) The county clerk shall certify to the Auditor of the State the amount of the receipt, and it shall be the duty of the county collector charged therewith to pay it into the county treasury in the same manner and at the same time as regular revenues are to be paid. (c) In the receipts, it shall be specified particularly on what account the moneys mentioned were received, whether from taxes or from other sources. Acts 1883, No. 114, §§ 109, 110, p. 199; C. & M. Dig., §§ 10040, 10041; Pope's Dig., §§ 13786, 13787; A.S.A. 1947, §§ 84-911, 84-912.

(a) (1) Any county collector who shall resign, be removed, or be disqualified shall pay over all moneys, which may be in his or her hands, due the state, county, city, town, or school district, to his or her successor in office and take duplicate receipts therefor. (2) One (1) of the receipts shall be filed with the county clerk and the other retained by the county collector.

(1) Any county collector who shall resign, be removed, or be disqualified shall pay over all moneys, which may be in his or her hands, due the state, county, city, town, or school district, to his or her successor in office and take duplicate receipts therefor.

(2) One (1) of the receipts shall be filed with the county clerk and the other retained by the county collector.

(b) The county clerk shall certify to the Auditor of the State the amount of the receipt, and it shall be the duty of the county collector charged therewith to pay it into the county treasury in the same manner and at the same time as regular revenues are to be paid.

(c) In the receipts, it shall be specified particularly on what account the moneys mentioned were received, whether from taxes or from other sources.

Acts 1883, No. 114, §§ 109, 110, p. 199; C. & M. Dig., §§ 10040, 10041; Pope's Dig., §§ 13786, 13787; A.S.A. 1947, §§ 84-911, 84-912.
Ark. Code Ann. § 26-74-103 — AR Code / Title 26 / Chapter 74 / Subchapter 1 / Section 26-74-103
Fort Smith Clearinghouse
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, § 28.

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, § 28.
Ark. Code Ann. § 26-52-501 — AR Code / Title 26 / Chapter 52 / Subchapter 5 / Section 26-52-501
[Effective Until for tax years beginning on or after January 1, 2024] Preparation of returns - Payment of tax
Status: in_force

(a) (1) The tax levied under this chapter shall be due and payable on the first day of each month, except as provided in this subchapter, by any person liable for the payment of any tax due under this chapter. (2) When a taxpayer becomes liable to file a report with the Secretary of the Department of Finance and Administration, the taxpayer must continue to file the report, even though no tax is due, until such time as the taxpayer notifies the secretary, in writing, that the taxpayer is no longer liable for the report. (b) (1) For the purpose of ascertaining the amount of tax payable under this chapter, it shall be the duty of all taxpayers on or before the twentieth day of each month to deliver to the secretary, upon forms prescribed and furnished by the secretary, returns showing the total tax due derived from all taxable sales during the preceding calendar month. (2) The returns shall show such further information as the secretary may require to enable the secretary to compute correctly and collect the tax levied. (3) Whether an individual, corporation, partnership, limited liability company, or other entity, every taxpayer shall file a single report combining all taxes due derived from sales made from all Arkansas locations of the taxpayer's business which are registered and permitted with the secretary under the same federal employer's identification number or Social Security number. (c) In addition to the information required on returns, the secretary may request and the taxpayer must furnish any information deemed necessary for a correct computation of the tax levied. (d) The tax shall be computed by multiplying the tax rate by the amount of the total combined gross receipts or gross proceeds derived from all taxable sales during the preceding month without regard to the amount that may be allocated to gross receipts tax on the taxpayer's books of account. (e) The taxpayer shall compute and remit to the secretary the required tax due for the preceding calendar month, with the remittance of the tax to accompany the returns required in this subchapter. (f) The return and remittances by the taxpayer as required in subsections (a)-(e) of this section shall not be construed to constitute an assessment of the tax. (g) (1) If not paid on or before the twentieth of that month, the tax shall be delinquent from that date. (2) However, no penalty for delinquency shall be assessed if payment is made on or before the first day of the month next following. (h) When the average amount of tax for which the taxpayer is liable for the previous fiscal year beginning on July 1 and ending on June 30 does not exceed one hundred dollars ($100) per month, the secretary may notify the taxpayer that a quarterly report and remittance in lieu of a monthly report may be made on or before July 20, October 20, January 20, and April 20 of each year for the preceding three-month period. (i) When the average amount of tax for which the taxpayer is liable for the previous fiscal year beginning on July 1 and ending on June 30 does not exceed twenty-five dollars ($25.00) per month, the secretary may notify the taxpayer that a yearly report and remittance in lieu of a monthly report may be made on or before January 20 of each year for the preceding twelve-month period. (j) The secretary may establish by rule separate requirements for filing reports and returns and paying the tax levied under this chapter for taxpayers whose principal line of business does not include the retail selling of tangible personal property, specified digital products, or a digital code or performing taxable services. (k) A person that collects a tax under this chapter shall remit the tax to the state in accordance with this subchapter. Amended by Act 2019, No. 822,§ 23, eff. 10/1/2019. Amended by Act 2019, No. 910,§ 3864, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3863, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3862, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3861, eff. 7/1/2019. Amended by Act 2019, No. 315,§ 2994, eff. 7/24/2019. Amended by Act 2017, No. 141,§ 35, eff. for tax years beginning on and after 1/1/2018. Acts 1941, No. 386, § 5; 1979, No. 915, § 1; A.S.A. 1947, § 84-1906; Acts 1989, No. 395, § 2; 1991, No. 688, § 2; 1995, No. 301, § 2; 1995, No. 835, § 5; 2003, No. 664, §§ 1, 2; 2007, No. 181, § 24. This section is set out more than once due to postponed, multiple, or conflicting amendments.

(a) (1) The tax levied under this chapter shall be due and payable on the first day of each month, except as provided in this subchapter, by any person liable for the payment of any tax due under this chapter. (2) When a taxpayer becomes liable to file a report with the Secretary of the Department of Finance and Administration, the taxpayer must continue to file the report, even though no tax is due, until such time as the taxpayer notifies the secretary, in writing, that the taxpayer is no longer liable for the report.

(1) The tax levied under this chapter shall be due and payable on the first day of each month, except as provided in this subchapter, by any person liable for the payment of any tax due under this chapter.

(2) When a taxpayer becomes liable to file a report with the Secretary of the Department of Finance and Administration, the taxpayer must continue to file the report, even though no tax is due, until such time as the taxpayer notifies the secretary, in writing, that the taxpayer is no longer liable for the report.

(b) (1) For the purpose of ascertaining the amount of tax payable under this chapter, it shall be the duty of all taxpayers on or before the twentieth day of each month to deliver to the secretary, upon forms prescribed and furnished by the secretary, returns showing the total tax due derived from all taxable sales during the preceding calendar month. (2) The returns shall show such further information as the secretary may require to enable the secretary to compute correctly and collect the tax levied. (3) Whether an individual, corporation, partnership, limited liability company, or other entity, every taxpayer shall file a single report combining all taxes due derived from sales made from all Arkansas locations of the taxpayer's business which are registered and permitted with the secretary under the same federal employer's identification number or Social Security number.

(1) For the purpose of ascertaining the amount of tax payable under this chapter, it shall be the duty of all taxpayers on or before the twentieth day of each month to deliver to the secretary, upon forms prescribed and furnished by the secretary, returns showing the total tax due derived from all taxable sales during the preceding calendar month.

(2) The returns shall show such further information as the secretary may require to enable the secretary to compute correctly and collect the tax levied.

(3) Whether an individual, corporation, partnership, limited liability company, or other entity, every taxpayer shall file a single report combining all taxes due derived from sales made from all Arkansas locations of the taxpayer's business which are registered and permitted with the secretary under the same federal employer's identification number or Social Security number.

(c) In addition to the information required on returns, the secretary may request and the taxpayer must furnish any information deemed necessary for a correct computation of the tax levied.

(d) The tax shall be computed by multiplying the tax rate by the amount of the total combined gross receipts or gross proceeds derived from all taxable sales during the preceding month without regard to the amount that may be allocated to gross receipts tax on the taxpayer's books of account.

(e) The taxpayer shall compute and remit to the secretary the required tax due for the preceding calendar month, with the remittance of the tax to accompany the returns required in this subchapter.

(f) The return and remittances by the taxpayer as required in subsections (a)-(e) of this section shall not be construed to constitute an assessment of the tax.

(g) (1) If not paid on or before the twentieth of that month, the tax shall be delinquent from that date. (2) However, no penalty for delinquency shall be assessed if payment is made on or before the first day of the month next following.

(1) If not paid on or before the twentieth of that month, the tax shall be delinquent from that date.

(2) However, no penalty for delinquency shall be assessed if payment is made on or before the first day of the month next following.

(h) When the average amount of tax for which the taxpayer is liable for the previous fiscal year beginning on July 1 and ending on June 30 does not exceed one hundred dollars ($100) per month, the secretary may notify the taxpayer that a quarterly report and remittance in lieu of a monthly report may be made on or before July 20, October 20, January 20, and April 20 of each year for the preceding three-month period.

(i) When the average amount of tax for which the taxpayer is liable for the previous fiscal year beginning on July 1 and ending on June 30 does not exceed twenty-five dollars ($25.00) per month, the secretary may notify the taxpayer that a yearly report and remittance in lieu of a monthly report may be made on or before January 20 of each year for the preceding twelve-month period.

(j) The secretary may establish by rule separate requirements for filing reports and returns and paying the tax levied under this chapter for taxpayers whose principal line of business does not include the retail selling of tangible personal property, specified digital products, or a digital code or performing taxable services.

(k) A person that collects a tax under this chapter shall remit the tax to the state in accordance with this subchapter.

Amended by Act 2019, No. 822,§ 23, eff. 10/1/2019.

Amended by Act 2019, No. 910,§ 3864, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3863, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3862, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3861, eff. 7/1/2019.

Amended by Act 2019, No. 315,§ 2994, eff. 7/24/2019.

Amended by Act 2017, No. 141,§ 35, eff. for tax years beginning on and after 1/1/2018.

Acts 1941, No. 386, § 5; 1979, No. 915, § 1; A.S.A. 1947, § 84-1906; Acts 1989, No. 395, § 2; 1991, No. 688, § 2; 1995, No. 301, § 2; 1995, No. 835, § 5; 2003, No. 664, §§ 1, 2; 2007, No. 181, § 24.

This section is set out more than once due to postponed, multiple, or conflicting amendments.