Ark. Code Ann. § 26-80-402 — AR Code / Title 26 / Chapter 80 / Subchapter 4 / Section 26-80-402
Definitions
Status: in_force

As used in this subchapter and § 26-80-101 et seq.: (1) "Additional maintenance and operation millage" means millage levied by the electors of a local school district for maintenance and operation in excess of those required by the uniform rate of tax; (2) "Debt service millage" means the total number of mills voted by the electors of a school district to be pledged as security for the retirement of bonded indebtedness; (3) "Dedicated maintenance and operation millage" means millage levied by the electors of a local school district and used for those purposes set forth under § 26-80-110 ; (4) "Maintenance and operation millage" means millage levied by the electors of a local school district for the maintenance and operation of the school district; (5) "Millage rate" means the millage rate listed in the most recent tax ordinance approved by the county quorum court under the authority of § 14-14-904 ; (6) (A) "Net revenues" means actual revenues from taxes due and payable after January 1, 1997, rounded to the nearest hundredth minus any commission fees authorized by law to be collected or withheld for later distribution by the county offices. (B) No additional fees shall be charged for transmittal or redistribution of funds by any county or state office in carrying out the procedures established to comply with the requirements of Arkansas Constitution, Amendment 74; and (7) (A) "Uniform rate of tax" means a uniform rate of ad valorem property tax of twenty-five (25) mills to be levied on the assessed value of all taxable real property, personal property, and utility property in the state to be used solely for maintenance and operation of the schools. (B) (i) In calculating compliance with the uniform rate of tax imposed by Arkansas Constitution, Article 14, § 3, as amended by Arkansas Constitution, Amendments 11, 40, and 74, only those mills voted for maintenance and operation shall be used in the calculation. (ii) Dedicated maintenance and operation millage shall not be included in the calculation. Acts 2003 (2nd Ex. Sess.), No. 105, § 2.

As used in this subchapter and § 26-80-101 et seq.:

(1) "Additional maintenance and operation millage" means millage levied by the electors of a local school district for maintenance and operation in excess of those required by the uniform rate of tax;

(2) "Debt service millage" means the total number of mills voted by the electors of a school district to be pledged as security for the retirement of bonded indebtedness;

(3) "Dedicated maintenance and operation millage" means millage levied by the electors of a local school district and used for those purposes set forth under § 26-80-110 ;

(4) "Maintenance and operation millage" means millage levied by the electors of a local school district for the maintenance and operation of the school district;

(5) "Millage rate" means the millage rate listed in the most recent tax ordinance approved by the county quorum court under the authority of § 14-14-904 ;

(6) (A) "Net revenues" means actual revenues from taxes due and payable after January 1, 1997, rounded to the nearest hundredth minus any commission fees authorized by law to be collected or withheld for later distribution by the county offices. (B) No additional fees shall be charged for transmittal or redistribution of funds by any county or state office in carrying out the procedures established to comply with the requirements of Arkansas Constitution, Amendment 74; and

(A) "Net revenues" means actual revenues from taxes due and payable after January 1, 1997, rounded to the nearest hundredth minus any commission fees authorized by law to be collected or withheld for later distribution by the county offices.

(B) No additional fees shall be charged for transmittal or redistribution of funds by any county or state office in carrying out the procedures established to comply with the requirements of Arkansas Constitution, Amendment 74; and

(7) (A) "Uniform rate of tax" means a uniform rate of ad valorem property tax of twenty-five (25) mills to be levied on the assessed value of all taxable real property, personal property, and utility property in the state to be used solely for maintenance and operation of the schools. (B) (i) In calculating compliance with the uniform rate of tax imposed by Arkansas Constitution, Article 14, § 3, as amended by Arkansas Constitution, Amendments 11, 40, and 74, only those mills voted for maintenance and operation shall be used in the calculation. (ii) Dedicated maintenance and operation millage shall not be included in the calculation.

(A) "Uniform rate of tax" means a uniform rate of ad valorem property tax of twenty-five (25) mills to be levied on the assessed value of all taxable real property, personal property, and utility property in the state to be used solely for maintenance and operation of the schools.

(B) (i) In calculating compliance with the uniform rate of tax imposed by Arkansas Constitution, Article 14, § 3, as amended by Arkansas Constitution, Amendments 11, 40, and 74, only those mills voted for maintenance and operation shall be used in the calculation. (ii) Dedicated maintenance and operation millage shall not be included in the calculation.

(i) In calculating compliance with the uniform rate of tax imposed by Arkansas Constitution, Article 14, § 3, as amended by Arkansas Constitution, Amendments 11, 40, and 74, only those mills voted for maintenance and operation shall be used in the calculation.

(ii) Dedicated maintenance and operation millage shall not be included in the calculation.

Acts 2003 (2nd Ex. Sess.), No. 105, § 2.
Ark. Code Ann. § 26-57-604 — AR Code / Title 26 / Chapter 57 / Subchapter 6 / Section 26-57-604
Remittance of tax
Status: in_force

(a) (1) (A) Coincident with the filing of the tax report, each authorized life or accident and health insurer, including licensed health maintenance organizations, may apply for a credit for the noncommissioned salaries and wages of the insurer's Arkansas employees that are paid in connection with its insurance operations. (B) (i) The credit may be applied as an offset against the premium tax imposed in § 26-57-603(d) on life and accident and health insurance. (ii) However, the credit shall not be applied as an offset against the premium tax on collections resulting from an eligible individual insured under the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq., the Arkansas Health Insurance Marketplace Act, § 23-61-801 et seq., or individual qualified health insurance plans, including without limitation stand-alone dental plans, issued through the health insurance marketplace as defined by § 23-61-1003 . (iii) The credit shall not be applied as an offset against the premium tax on collections resulting from an eligible individual insured under the Arkansas Medicaid Program as administered by a risk-based provider organization. (2) (A) The offset shall not reduce the accident and health premium tax due by more than the following amounts: (i) For tax years beginning before January 1, 2021, eighty percent (80%); (ii) For the tax year beginning January 1, 2021, seventy percent (70%); (iii) For the tax year beginning January 1, 2022, sixty percent (60%); and (iv) For tax years beginning on and after January 1, 2023, fifty percent (50%). (B) Beginning January 1, 2020, an authorized accident or health insurer shall not receive a credit under this subsection that exceeds an annual total of eighteen million dollars ($18,000,000). (C) The offset shall not reduce the life premium tax due by more than seventy percent (70%). (D) The taxes shall be reported and paid on a quarterly estimated basis as prescribed by the Insurance Commissioner and shall be reconciled annually at the time of filing the annual report required in § 26-57-603(a) -(c). (3) An employee shall be employed for six (6) months for the salary or wages to be eligible to qualify for the life or accident and health premium tax credit. (4) (A) (i) Except as provided in subdivision (a)(4)(B) of this section, on or before March 1 of each year, any such authorized life or accident and health insurer, including health maintenance organizations, desiring to qualify under this provision shall furnish the appropriate data and request on forms prescribed by the commissioner. (ii) For purposes of calculating the taxes under §§ 23-63-102 - 23-63-104 , an insurer qualifying for a credit under this section shall compute the tax due under §§ 23-63-102 - 23-63-104 , if any, by using an Arkansas premium tax rate of two and one-half percent (21/2%). (B) (i) Subdivision (a)(4)(A) of this section shall only apply for tax years beginning prior to January 1, 2000. (ii) By March 1 of each year, an authorized life or accident and health insurer, including health maintenance organizations, desiring to qualify under this provision shall furnish the appropriate data and request on forms prescribed by the commissioner. (iii) However, for purposes of calculating the taxes under §§ 23-63-102 - 23-63-104 , an insurer qualifying for a credit under this section shall compute the tax due under §§ 23-63-102 - 23-63-104 , if any, by using an Arkansas premium tax rate of two and one-half percent (21/2%) without regard to the credit specified in this section. (b) (1) Each insurer other than those in § 26-57-603(d) and subsection (a) of this section shall pay to the Treasurer of State through the commissioner, as a tax imposed for the privilege of transacting business in this state, a tax at the rate of two and one-half percent (21/2%) upon the net premiums and net considerations on all kinds of insurance, except as provided in § 26-57-605 . (2) The taxes shall be paid on a quarterly estimate basis as prescribed by the commissioner and shall be reconciled annually at the time of filing the annual report required in § 26-57-603(a) -(c). (c) (1) In addition to any premium tax credit not related to the same eligible property for which an insurer qualifies under subsection (a) of this section, there is allowed a premium tax credit for the amount of the Arkansas historic rehabilitation income tax credit allowed by the certification of completion issued by the Division of Arkansas Heritage under the Arkansas Historic Rehabilitation Income Tax Credit Act, § 26-51-2201 et seq. (2) The premium tax credit under this subsection may be used to offset the premium tax imposed by §§ 26-57-603 - 26-57-605 . (3) The amount of the premium tax credit under this section that may be claimed by the taxpayer in a tax year shall not exceed the amount of premium tax due by the taxpayer. (4) Any unused premium tax credit may be carried forward for a maximum of five (5) consecutive taxable years for credit against the premium tax. (5) The commissioner shall promulgate rules to implement this section. Amended by Act 2021, No. 530,§ 7, eff. on and after January 1, 2022. Amended by Act 2019, No. 457,§ 1, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 5718, eff. 7/1/2019. Amended by Act 2016EX2, No. 2,§ 4, eff. 1/1/2017. Amended by Act 2016EX2, No. 1,§ 4, eff. 1/1/2017. Amended by Act 2015, No. 231,§ 8, eff. 7/22/2015. Amended by Act 2015, No. 871,§ 29, eff. 1/1/2015. Amended by Act 2015, No. 231,§ 7, eff. 7/22/2015. Acts 1959, No. 148, § 69; 1975, No. 450, § 1; 1979, No. 908, § 1; 1981, No. 595, § 1; A.S.A. 1947, § 66-2302; Acts 1987, No. 1033, § 1; 1989, No. 772, § 20; 1999, No. 881, § 23; 2001, No. 1604, § 124; 2009, No. 498, § 3.

(a) (1) (A) Coincident with the filing of the tax report, each authorized life or accident and health insurer, including licensed health maintenance organizations, may apply for a credit for the noncommissioned salaries and wages of the insurer's Arkansas employees that are paid in connection with its insurance operations. (B) (i) The credit may be applied as an offset against the premium tax imposed in § 26-57-603(d) on life and accident and health insurance. (ii) However, the credit shall not be applied as an offset against the premium tax on collections resulting from an eligible individual insured under the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq., the Arkansas Health Insurance Marketplace Act, § 23-61-801 et seq., or individual qualified health insurance plans, including without limitation stand-alone dental plans, issued through the health insurance marketplace as defined by § 23-61-1003 . (iii) The credit shall not be applied as an offset against the premium tax on collections resulting from an eligible individual insured under the Arkansas Medicaid Program as administered by a risk-based provider organization. (2) (A) The offset shall not reduce the accident and health premium tax due by more than the following amounts: (i) For tax years beginning before January 1, 2021, eighty percent (80%); (ii) For the tax year beginning January 1, 2021, seventy percent (70%); (iii) For the tax year beginning January 1, 2022, sixty percent (60%); and (iv) For tax years beginning on and after January 1, 2023, fifty percent (50%). (B) Beginning January 1, 2020, an authorized accident or health insurer shall not receive a credit under this subsection that exceeds an annual total of eighteen million dollars ($18,000,000). (C) The offset shall not reduce the life premium tax due by more than seventy percent (70%). (D) The taxes shall be reported and paid on a quarterly estimated basis as prescribed by the Insurance Commissioner and shall be reconciled annually at the time of filing the annual report required in § 26-57-603(a) -(c). (3) An employee shall be employed for six (6) months for the salary or wages to be eligible to qualify for the life or accident and health premium tax credit. (4) (A) (i) Except as provided in subdivision (a)(4)(B) of this section, on or before March 1 of each year, any such authorized life or accident and health insurer, including health maintenance organizations, desiring to qualify under this provision shall furnish the appropriate data and request on forms prescribed by the commissioner. (ii) For purposes of calculating the taxes under §§ 23-63-102 - 23-63-104 , an insurer qualifying for a credit under this section shall compute the tax due under §§ 23-63-102 - 23-63-104 , if any, by using an Arkansas premium tax rate of two and one-half percent (21/2%). (B) (i) Subdivision (a)(4)(A) of this section shall only apply for tax years beginning prior to January 1, 2000. (ii) By March 1 of each year, an authorized life or accident and health insurer, including health maintenance organizations, desiring to qualify under this provision shall furnish the appropriate data and request on forms prescribed by the commissioner. (iii) However, for purposes of calculating the taxes under §§ 23-63-102 - 23-63-104 , an insurer qualifying for a credit under this section shall compute the tax due under §§ 23-63-102 - 23-63-104 , if any, by using an Arkansas premium tax rate of two and one-half percent (21/2%) without regard to the credit specified in this section.

(1) (A) Coincident with the filing of the tax report, each authorized life or accident and health insurer, including licensed health maintenance organizations, may apply for a credit for the noncommissioned salaries and wages of the insurer's Arkansas employees that are paid in connection with its insurance operations. (B) (i) The credit may be applied as an offset against the premium tax imposed in § 26-57-603(d) on life and accident and health insurance. (ii) However, the credit shall not be applied as an offset against the premium tax on collections resulting from an eligible individual insured under the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq., the Arkansas Health Insurance Marketplace Act, § 23-61-801 et seq., or individual qualified health insurance plans, including without limitation stand-alone dental plans, issued through the health insurance marketplace as defined by § 23-61-1003 . (iii) The credit shall not be applied as an offset against the premium tax on collections resulting from an eligible individual insured under the Arkansas Medicaid Program as administered by a risk-based provider organization.

(A) Coincident with the filing of the tax report, each authorized life or accident and health insurer, including licensed health maintenance organizations, may apply for a credit for the noncommissioned salaries and wages of the insurer's Arkansas employees that are paid in connection with its insurance operations.

(B) (i) The credit may be applied as an offset against the premium tax imposed in § 26-57-603(d) on life and accident and health insurance. (ii) However, the credit shall not be applied as an offset against the premium tax on collections resulting from an eligible individual insured under the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq., the Arkansas Health Insurance Marketplace Act, § 23-61-801 et seq., or individual qualified health insurance plans, including without limitation stand-alone dental plans, issued through the health insurance marketplace as defined by § 23-61-1003 . (iii) The credit shall not be applied as an offset against the premium tax on collections resulting from an eligible individual insured under the Arkansas Medicaid Program as administered by a risk-based provider organization.

(i) The credit may be applied as an offset against the premium tax imposed in § 26-57-603(d) on life and accident and health insurance.

(ii) However, the credit shall not be applied as an offset against the premium tax on collections resulting from an eligible individual insured under the Arkansas Health and Opportunity for Me Act of 2021, § 23-61-1001 et seq., the Arkansas Health Insurance Marketplace Act, § 23-61-801 et seq., or individual qualified health insurance plans, including without limitation stand-alone dental plans, issued through the health insurance marketplace as defined by § 23-61-1003 .

(iii) The credit shall not be applied as an offset against the premium tax on collections resulting from an eligible individual insured under the Arkansas Medicaid Program as administered by a risk-based provider organization.

(2) (A) The offset shall not reduce the accident and health premium tax due by more than the following amounts: (i) For tax years beginning before January 1, 2021, eighty percent (80%); (ii) For the tax year beginning January 1, 2021, seventy percent (70%); (iii) For the tax year beginning January 1, 2022, sixty percent (60%); and (iv) For tax years beginning on and after January 1, 2023, fifty percent (50%). (B) Beginning January 1, 2020, an authorized accident or health insurer shall not receive a credit under this subsection that exceeds an annual total of eighteen million dollars ($18,000,000). (C) The offset shall not reduce the life premium tax due by more than seventy percent (70%). (D) The taxes shall be reported and paid on a quarterly estimated basis as prescribed by the Insurance Commissioner and shall be reconciled annually at the time of filing the annual report required in § 26-57-603(a) -(c).

(A) The offset shall not reduce the accident and health premium tax due by more than the following amounts: (i) For tax years beginning before January 1, 2021, eighty percent (80%); (ii) For the tax year beginning January 1, 2021, seventy percent (70%); (iii) For the tax year beginning January 1, 2022, sixty percent (60%); and (iv) For tax years beginning on and after January 1, 2023, fifty percent (50%).

(i) For tax years beginning before January 1, 2021, eighty percent (80%);

(ii) For the tax year beginning January 1, 2021, seventy percent (70%);

(iii) For the tax year beginning January 1, 2022, sixty percent (60%); and

(iv) For tax years beginning on and after January 1, 2023, fifty percent (50%).

(B) Beginning January 1, 2020, an authorized accident or health insurer shall not receive a credit under this subsection that exceeds an annual total of eighteen million dollars ($18,000,000).

(C) The offset shall not reduce the life premium tax due by more than seventy percent (70%).

(D) The taxes shall be reported and paid on a quarterly estimated basis as prescribed by the Insurance Commissioner and shall be reconciled annually at the time of filing the annual report required in § 26-57-603(a) -(c).

(3) An employee shall be employed for six (6) months for the salary or wages to be eligible to qualify for the life or accident and health premium tax credit.

(4) (A) (i) Except as provided in subdivision (a)(4)(B) of this section, on or before March 1 of each year, any such authorized life or accident and health insurer, including health maintenance organizations, desiring to qualify under this provision shall furnish the appropriate data and request on forms prescribed by the commissioner. (ii) For purposes of calculating the taxes under §§ 23-63-102 - 23-63-104 , an insurer qualifying for a credit under this section shall compute the tax due under §§ 23-63-102 - 23-63-104 , if any, by using an Arkansas premium tax rate of two and one-half percent (21/2%). (B) (i) Subdivision (a)(4)(A) of this section shall only apply for tax years beginning prior to January 1, 2000. (ii) By March 1 of each year, an authorized life or accident and health insurer, including health maintenance organizations, desiring to qualify under this provision shall furnish the appropriate data and request on forms prescribed by the commissioner. (iii) However, for purposes of calculating the taxes under §§ 23-63-102 - 23-63-104 , an insurer qualifying for a credit under this section shall compute the tax due under §§ 23-63-102 - 23-63-104 , if any, by using an Arkansas premium tax rate of two and one-half percent (21/2%) without regard to the credit specified in this section.

(A) (i) Except as provided in subdivision (a)(4)(B) of this section, on or before March 1 of each year, any such authorized life or accident and health insurer, including health maintenance organizations, desiring to qualify under this provision shall furnish the appropriate data and request on forms prescribed by the commissioner. (ii) For purposes of calculating the taxes under §§ 23-63-102 - 23-63-104 , an insurer qualifying for a credit under this section shall compute the tax due under §§ 23-63-102 - 23-63-104 , if any, by using an Arkansas premium tax rate of two and one-half percent (21/2%).

(i) Except as provided in subdivision (a)(4)(B) of this section, on or before March 1 of each year, any such authorized life or accident and health insurer, including health maintenance organizations, desiring to qualify under this provision shall furnish the appropriate data and request on forms prescribed by the commissioner.

(ii) For purposes of calculating the taxes under §§ 23-63-102 - 23-63-104 , an insurer qualifying for a credit under this section shall compute the tax due under §§ 23-63-102 - 23-63-104 , if any, by using an Arkansas premium tax rate of two and one-half percent (21/2%).

(B) (i) Subdivision (a)(4)(A) of this section shall only apply for tax years beginning prior to January 1, 2000. (ii) By March 1 of each year, an authorized life or accident and health insurer, including health maintenance organizations, desiring to qualify under this provision shall furnish the appropriate data and request on forms prescribed by the commissioner. (iii) However, for purposes of calculating the taxes under §§ 23-63-102 - 23-63-104 , an insurer qualifying for a credit under this section shall compute the tax due under §§ 23-63-102 - 23-63-104 , if any, by using an Arkansas premium tax rate of two and one-half percent (21/2%) without regard to the credit specified in this section.

(i) Subdivision (a)(4)(A) of this section shall only apply for tax years beginning prior to January 1, 2000.

(ii) By March 1 of each year, an authorized life or accident and health insurer, including health maintenance organizations, desiring to qualify under this provision shall furnish the appropriate data and request on forms prescribed by the commissioner.

(iii) However, for purposes of calculating the taxes under §§ 23-63-102 - 23-63-104 , an insurer qualifying for a credit under this section shall compute the tax due under §§ 23-63-102 - 23-63-104 , if any, by using an Arkansas premium tax rate of two and one-half percent (21/2%) without regard to the credit specified in this section.

(b) (1) Each insurer other than those in § 26-57-603(d) and subsection (a) of this section shall pay to the Treasurer of State through the commissioner, as a tax imposed for the privilege of transacting business in this state, a tax at the rate of two and one-half percent (21/2%) upon the net premiums and net considerations on all kinds of insurance, except as provided in § 26-57-605 . (2) The taxes shall be paid on a quarterly estimate basis as prescribed by the commissioner and shall be reconciled annually at the time of filing the annual report required in § 26-57-603(a) -(c).

(1) Each insurer other than those in § 26-57-603(d) and subsection (a) of this section shall pay to the Treasurer of State through the commissioner, as a tax imposed for the privilege of transacting business in this state, a tax at the rate of two and one-half percent (21/2%) upon the net premiums and net considerations on all kinds of insurance, except as provided in § 26-57-605 .

(2) The taxes shall be paid on a quarterly estimate basis as prescribed by the commissioner and shall be reconciled annually at the time of filing the annual report required in § 26-57-603(a) -(c).

(c) (1) In addition to any premium tax credit not related to the same eligible property for which an insurer qualifies under subsection (a) of this section, there is allowed a premium tax credit for the amount of the Arkansas historic rehabilitation income tax credit allowed by the certification of completion issued by the Division of Arkansas Heritage under the Arkansas Historic Rehabilitation Income Tax Credit Act, § 26-51-2201 et seq. (2) The premium tax credit under this subsection may be used to offset the premium tax imposed by §§ 26-57-603 - 26-57-605 . (3) The amount of the premium tax credit under this section that may be claimed by the taxpayer in a tax year shall not exceed the amount of premium tax due by the taxpayer. (4) Any unused premium tax credit may be carried forward for a maximum of five (5) consecutive taxable years for credit against the premium tax. (5) The commissioner shall promulgate rules to implement this section.

(1) In addition to any premium tax credit not related to the same eligible property for which an insurer qualifies under subsection (a) of this section, there is allowed a premium tax credit for the amount of the Arkansas historic rehabilitation income tax credit allowed by the certification of completion issued by the Division of Arkansas Heritage under the Arkansas Historic Rehabilitation Income Tax Credit Act, § 26-51-2201 et seq.

(2) The premium tax credit under this subsection may be used to offset the premium tax imposed by §§ 26-57-603 - 26-57-605 .

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

(4) Any unused premium tax credit may be carried forward for a maximum of five (5) consecutive taxable years for credit against the premium tax.

(5) The commissioner shall promulgate rules to implement this section.

Amended by Act 2021, No. 530,§ 7, eff. on and after January 1, 2022.

Amended by Act 2019, No. 457,§ 1, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 5718, eff. 7/1/2019.

Amended by Act 2016EX2, No. 2,§ 4, eff. 1/1/2017.

Amended by Act 2016EX2, No. 1,§ 4, eff. 1/1/2017.

Amended by Act 2015, No. 231,§ 8, eff. 7/22/2015.

Amended by Act 2015, No. 871,§ 29, eff. 1/1/2015.

Amended by Act 2015, No. 231,§ 7, eff. 7/22/2015.

Acts 1959, No. 148, § 69; 1975, No. 450, § 1; 1979, No. 908, § 1; 1981, No. 595, § 1; A.S.A. 1947, § 66-2302; Acts 1987, No. 1033, § 1; 1989, No. 772, § 20; 1999, No. 881, § 23; 2001, No. 1604, § 124; 2009, No. 498, § 3.
Ark. Code Ann. § 26-54-107 — AR Code / Title 26 / Chapter 54 / Section 26-54-107
Computation of tax - Penalty - Relief
Status: in_force

(a) Using the information reported on the franchise tax report under § 26-54-105 and any other information received by him or her bearing upon the subject, the Secretary of State shall compute the amount of tax of each corporation at the rate or rates provided by this chapter. (b) (1) (A) If the taxpayer fails to comply with the filing and remittance requirements under § 26-54-105(c) , the Secretary of State shall assess the corporation a penalty of twenty-five dollars ($25.00) plus interest on the tax and penalty from the date due until paid at the rate of ten percent (10%) per year. (B) However, the franchise tax, penalty, and interest for any tax year shall not exceed two (2) times the corporation's tax owed. (2) On or before November 1 of each year, the Secretary of State shall mail notice to the corporation at its last known address stating that the corporation is subject to revocation of its corporate charter under § 26-54-111 for the failure to pay corporate franchise tax. (c) The Secretary of State or his or her designee may agree to settle or compromise a dispute concerning interest or penalties associated with corporate franchise taxes if the taxpayer: (1) Disputes the proposed amount; or (2) Is insolvent or bankrupt. (d) (1) The Secretary of State may waive any accrued interest or assessed penalties imposed on a taxpayer due to a failure to remit corporate franchise taxes under § 26-54-105(c) , if: (A) The taxpayer is reasonably mistaken about the application of this chapter or the computation of the franchise tax to the corporation; or (B) A taxpayer cannot pay the accrued interest or assessed penalties because of the taxpayer's insolvency or bankruptcy. (2) The Secretary of State may waive any fees that a taxpayer owes if the taxpayer desires to dissolve the corporation. (3) If a taxpayer demonstrates that a corporation was not doing business in the state for the period for which penalties and interest are owed under this section, the Secretary of State shall waive the amount due under this section if the taxpayer demonstrates that the taxpayer intends to dissolve the corporation. (e) If the parties cannot resolve the dispute, the parties may pursue any other remedy available to them, including without limitation remedies available under the Arkansas Administrative Procedure Act, § 25-15-201 et seq. (f) The Secretary of State shall develop guidelines to assist a taxpayer in resolving a corporate franchise tax dispute. Amended by Act 2023, No. 459,§ 8, eff. 8/1/2023. Amended by Act 2021, No. 523,§ 16, eff. 4/1/2021. Amended by Act 2019, No. 819,§ 21, eff. 5/1/2021. Amended by Act 2015, No. 834,§ 2, eff. 7/22/2015. Amended by Act 2015, No. 834,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 1093,§ 1, eff. 4/11/2013. Acts 1979, No. 889, § 6; A.S.A. 1947, § 84-1838; Acts 1987, No. 19, § 3; 1991, No. 1046, § 3; 1991, No. 1140, § 3; 1999, No. 1037, § 1.

(a) Using the information reported on the franchise tax report under § 26-54-105 and any other information received by him or her bearing upon the subject, the Secretary of State shall compute the amount of tax of each corporation at the rate or rates provided by this chapter.

(b) (1) (A) If the taxpayer fails to comply with the filing and remittance requirements under § 26-54-105(c) , the Secretary of State shall assess the corporation a penalty of twenty-five dollars ($25.00) plus interest on the tax and penalty from the date due until paid at the rate of ten percent (10%) per year. (B) However, the franchise tax, penalty, and interest for any tax year shall not exceed two (2) times the corporation's tax owed. (2) On or before November 1 of each year, the Secretary of State shall mail notice to the corporation at its last known address stating that the corporation is subject to revocation of its corporate charter under § 26-54-111 for the failure to pay corporate franchise tax.

(1) (A) If the taxpayer fails to comply with the filing and remittance requirements under § 26-54-105(c) , the Secretary of State shall assess the corporation a penalty of twenty-five dollars ($25.00) plus interest on the tax and penalty from the date due until paid at the rate of ten percent (10%) per year. (B) However, the franchise tax, penalty, and interest for any tax year shall not exceed two (2) times the corporation's tax owed.

(A) If the taxpayer fails to comply with the filing and remittance requirements under § 26-54-105(c) , the Secretary of State shall assess the corporation a penalty of twenty-five dollars ($25.00) plus interest on the tax and penalty from the date due until paid at the rate of ten percent (10%) per year.

(B) However, the franchise tax, penalty, and interest for any tax year shall not exceed two (2) times the corporation's tax owed.

(2) On or before November 1 of each year, the Secretary of State shall mail notice to the corporation at its last known address stating that the corporation is subject to revocation of its corporate charter under § 26-54-111 for the failure to pay corporate franchise tax.

(c) The Secretary of State or his or her designee may agree to settle or compromise a dispute concerning interest or penalties associated with corporate franchise taxes if the taxpayer: (1) Disputes the proposed amount; or (2) Is insolvent or bankrupt.

(1) Disputes the proposed amount; or

(2) Is insolvent or bankrupt.

(d) (1) The Secretary of State may waive any accrued interest or assessed penalties imposed on a taxpayer due to a failure to remit corporate franchise taxes under § 26-54-105(c) , if: (A) The taxpayer is reasonably mistaken about the application of this chapter or the computation of the franchise tax to the corporation; or (B) A taxpayer cannot pay the accrued interest or assessed penalties because of the taxpayer's insolvency or bankruptcy. (2) The Secretary of State may waive any fees that a taxpayer owes if the taxpayer desires to dissolve the corporation. (3) If a taxpayer demonstrates that a corporation was not doing business in the state for the period for which penalties and interest are owed under this section, the Secretary of State shall waive the amount due under this section if the taxpayer demonstrates that the taxpayer intends to dissolve the corporation.

(1) The Secretary of State may waive any accrued interest or assessed penalties imposed on a taxpayer due to a failure to remit corporate franchise taxes under § 26-54-105(c) , if: (A) The taxpayer is reasonably mistaken about the application of this chapter or the computation of the franchise tax to the corporation; or (B) A taxpayer cannot pay the accrued interest or assessed penalties because of the taxpayer's insolvency or bankruptcy.

(A) The taxpayer is reasonably mistaken about the application of this chapter or the computation of the franchise tax to the corporation; or

(B) A taxpayer cannot pay the accrued interest or assessed penalties because of the taxpayer's insolvency or bankruptcy.

(2) The Secretary of State may waive any fees that a taxpayer owes if the taxpayer desires to dissolve the corporation.

(3) If a taxpayer demonstrates that a corporation was not doing business in the state for the period for which penalties and interest are owed under this section, the Secretary of State shall waive the amount due under this section if the taxpayer demonstrates that the taxpayer intends to dissolve the corporation.

(e) If the parties cannot resolve the dispute, the parties may pursue any other remedy available to them, including without limitation remedies available under the Arkansas Administrative Procedure Act, § 25-15-201 et seq.

(f) The Secretary of State shall develop guidelines to assist a taxpayer in resolving a corporate franchise tax dispute.

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

Amended by Act 2021, No. 523,§ 16, eff. 4/1/2021.

Amended by Act 2019, No. 819,§ 21, eff. 5/1/2021.

Amended by Act 2015, No. 834,§ 2, eff. 7/22/2015.

Amended by Act 2015, No. 834,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 1093,§ 1, eff. 4/11/2013.

Acts 1979, No. 889, § 6; A.S.A. 1947, § 84-1838; Acts 1987, No. 19, § 3; 1991, No. 1046, § 3; 1991, No. 1140, § 3; 1999, No. 1037, § 1.
Ark. Code Ann. § 26-26-1614 — AR Code / Title 26 / Chapter 26 / Subchapter 16 / Section 26-26-1614
Levy and collection of taxes
Status: in_force

(a) (1) Having ascertained and fixed the taxable value of the tangible and intangible property used or held for use in the operation of each intercounty bus line, intercounty motor freight, airline, or water transportation company, as required by law, the Tax Division of the Arkansas Public Service Commission shall levy and extend against each valuation the average rate of ad valorem levy prevailing throughout this state for the assessment year, and then ten (10) days before the due date, the division shall certify the tax to the Secretary of the Department of Finance and Administration for collection. (2) The secretary shall immediately forward by first-class mail a notice showing the assessed valuation, applicable rate of levy, the amount of tax charged, and the due date of the tax charged to each company against which a tax has been extended and so certified. (b) (1) If the taxes are not paid on or before the date on which ad valorem taxes or any part of ad valorem taxes on personal property become delinquent, the secretary shall add a penalty of ten percent (10%) and mail a statement of the tax and penalty to each person, company, or corporation so delinquent. (2) (A) If the tax and penalty are not paid on or before the date on which a county collector may collect taxes by distraint, in lieu of the ten percent (10%) penalty, the secretary shall add to the tax a penalty of twenty-five percent (25%). (B) The statement of tax and ten percent (10%) penalty from the secretary shall warn that if the tax and penalty are not paid within the time stated, in lieu of the ten percent (10%) penalty, a penalty of twenty-five percent (25%) will be added. (c) (1) For the purpose of collecting the taxes and penalties, in addition to the powers vested in the secretary for the collection of taxes, the secretary shall have all the powers vested in county collectors for the purpose of collecting delinquent personal property taxes. (2) The secretary may petition the Arkansas Public Service Commission for revocation of the certificate or permit of authority issued to the delinquent company to operate in the State of Arkansas. Amended by Act 2019, No. 910,§ 3688, eff. 7/1/2019. Acts 1939, No. 119, § 1; 1953, No. 168, § 1; 1961, No. 129, § 7; 1963, No. 131, § 3; 1983, No. 579, § 3; 1983, No. 602, § 3; A.S.A. 1947, § 84-614; Acts 2003, No. 831, § 3.

(a) (1) Having ascertained and fixed the taxable value of the tangible and intangible property used or held for use in the operation of each intercounty bus line, intercounty motor freight, airline, or water transportation company, as required by law, the Tax Division of the Arkansas Public Service Commission shall levy and extend against each valuation the average rate of ad valorem levy prevailing throughout this state for the assessment year, and then ten (10) days before the due date, the division shall certify the tax to the Secretary of the Department of Finance and Administration for collection. (2) The secretary shall immediately forward by first-class mail a notice showing the assessed valuation, applicable rate of levy, the amount of tax charged, and the due date of the tax charged to each company against which a tax has been extended and so certified.

(1) Having ascertained and fixed the taxable value of the tangible and intangible property used or held for use in the operation of each intercounty bus line, intercounty motor freight, airline, or water transportation company, as required by law, the Tax Division of the Arkansas Public Service Commission shall levy and extend against each valuation the average rate of ad valorem levy prevailing throughout this state for the assessment year, and then ten (10) days before the due date, the division shall certify the tax to the Secretary of the Department of Finance and Administration for collection.

(2) The secretary shall immediately forward by first-class mail a notice showing the assessed valuation, applicable rate of levy, the amount of tax charged, and the due date of the tax charged to each company against which a tax has been extended and so certified.

(b) (1) If the taxes are not paid on or before the date on which ad valorem taxes or any part of ad valorem taxes on personal property become delinquent, the secretary shall add a penalty of ten percent (10%) and mail a statement of the tax and penalty to each person, company, or corporation so delinquent. (2) (A) If the tax and penalty are not paid on or before the date on which a county collector may collect taxes by distraint, in lieu of the ten percent (10%) penalty, the secretary shall add to the tax a penalty of twenty-five percent (25%). (B) The statement of tax and ten percent (10%) penalty from the secretary shall warn that if the tax and penalty are not paid within the time stated, in lieu of the ten percent (10%) penalty, a penalty of twenty-five percent (25%) will be added.

(1) If the taxes are not paid on or before the date on which ad valorem taxes or any part of ad valorem taxes on personal property become delinquent, the secretary shall add a penalty of ten percent (10%) and mail a statement of the tax and penalty to each person, company, or corporation so delinquent.

(2) (A) If the tax and penalty are not paid on or before the date on which a county collector may collect taxes by distraint, in lieu of the ten percent (10%) penalty, the secretary shall add to the tax a penalty of twenty-five percent (25%). (B) The statement of tax and ten percent (10%) penalty from the secretary shall warn that if the tax and penalty are not paid within the time stated, in lieu of the ten percent (10%) penalty, a penalty of twenty-five percent (25%) will be added.

(A) If the tax and penalty are not paid on or before the date on which a county collector may collect taxes by distraint, in lieu of the ten percent (10%) penalty, the secretary shall add to the tax a penalty of twenty-five percent (25%).

(B) The statement of tax and ten percent (10%) penalty from the secretary shall warn that if the tax and penalty are not paid within the time stated, in lieu of the ten percent (10%) penalty, a penalty of twenty-five percent (25%) will be added.

(c) (1) For the purpose of collecting the taxes and penalties, in addition to the powers vested in the secretary for the collection of taxes, the secretary shall have all the powers vested in county collectors for the purpose of collecting delinquent personal property taxes. (2) The secretary may petition the Arkansas Public Service Commission for revocation of the certificate or permit of authority issued to the delinquent company to operate in the State of Arkansas.

(1) For the purpose of collecting the taxes and penalties, in addition to the powers vested in the secretary for the collection of taxes, the secretary shall have all the powers vested in county collectors for the purpose of collecting delinquent personal property taxes.

(2) The secretary may petition the Arkansas Public Service Commission for revocation of the certificate or permit of authority issued to the delinquent company to operate in the State of Arkansas.

Amended by Act 2019, No. 910,§ 3688, eff. 7/1/2019.

Acts 1939, No. 119, § 1; 1953, No. 168, § 1; 1961, No. 129, § 7; 1963, No. 131, § 3; 1983, No. 579, § 3; 1983, No. 602, § 3; A.S.A. 1947, § 84-614; Acts 2003, No. 831, § 3.
Ark. Code Ann. § 26-74-409 — AR Code / Title 26 / Chapter 74 / Subchapter 4 / Section 26-74-409
Disposition of funds
Status: in_force

(a) (1) The Secretary of the Department of Finance and Administration shall maintain a record of the total amount of tax collected pursuant to this subchapter and all other subchapters authorizing a county sales and use tax in each county and shall deposit all such revenues with the Treasurer of State. (2) (A) Upon receipt of the funds, the Treasurer of State shall deduct three percent (3%) thereof as a charge by the state for its services as specified in this subchapter and shall credit the three percent (3%) to the Constitutional Officers Fund and the State Central Services Fund. (B) In addition, the Treasurer of State is authorized to retain in the Local Sales and Use Tax Trust Fund an amount not to exceed five percent (5%) of the total amount received from the tax levied by each county, to be used by the Treasurer of State to: (i) Make remittances to the county for rebates made by the county for taxes in excess of amounts specified by the particular county ordinances paid by a taxpayer on a single transaction; (ii) Make refunds for overpayment of the taxes; and (iii) Redeem dishonored checks and drafts received and deposited into the Local Sales and Use Tax Trust Fund. (3) Furthermore, the Treasurer of State shall determine which cities or towns within the county do not levy a local sales tax and remit to those cities or towns a percentage of the tax based upon the population of the city or town versus the population of the county. (b) (1) Except as set forth in subsections (g) and (h) of this section, all funds received by the Treasurer of State from the sales tax levied by each county, after deducting the amounts required by subsection (a) of this section, shall be credited to the account of the county where collected. (2) (A) The Treasurer of State shall monthly transmit to the county treasurer the moneys received by the Treasurer of State from the sales tax levied by such county and credited to the account of the county in the Local Sales and Use Tax Trust Fund. (B) The county treasurer of any county which has levied a sales tax pursuant to this subchapter and which rebates taxes paid on a single transaction in excess of a specified amount shall monthly certify to the Treasurer of State the total amount of rebates paid since the preceding certification, and the Treasurer of State shall remit that amount to the county treasurer from the Local Sales and Use Tax Trust Fund. (c) Funds received by the counties pursuant to the provisions of this subchapter may be used by the counties for any purpose for which the county general fund or county road fund may be used, including allocating portions to municipalities located therein. (d) The Treasurer of State is authorized to make refunds for overpayment of the county sales tax and to redeem dishonored checks and drafts issued in payment of the county sales tax from the Local Sales and Use Tax Trust Fund. (e) When any tax adopted by a county pursuant to this subchapter ceases, the secretary shall retain in the account of that county in the Local Sales and Use Tax Trust Fund for a period of one (1) year an amount equal to five percent (5%) of the final remittance to the county and municipalities therein at the time of termination of the collection of the tax to: (1) Cover possible rebates by the county; (2) Cover refunds for overpayment of taxes; and (3) Redeem dishonored checks and drafts deposited to the credit of the Local Sales and Use Tax Trust Fund. (f) After one (1) year has elapsed after the tax ceases in any county, the secretary shall transfer the balance in that county's account to the county and shall close the account. (g) (1) Except for revenue collected under subdivision (g)(2) of this section, money collected that is derived from a tax on aviation fuel levied by a county where a regional airport as described by the Regional Airport Act, § 14-362-101 et seq., is located shall not be deposited into the State Treasury but shall be deposited as cash funds by the Treasurer of State into a bank or banks designated by the regional airport located within the levying county and transmitted to the regional airport, subject to the charges by the state for its services as specified in this section. (2) Revenue derived from a tax on aviation fuel in effect on December 30, 1987, is not subject to this section. (h) Money collected that is derived from a tax on aviation fuel levied by a county that is not dedicated to a specific purpose and may legally be used for any lawful purpose shall not be deposited into the State Treasury but shall be deposited as cash funds by the Treasurer of State into a bank or banks designated by the county and transmitted directly to the publicly owned airport where the aviation fuel was sold, subject to the charges by the state for its services as specified in this section. Amended by Act 2019, No. 910,§ 4400, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4399, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4398, eff. 7/1/2019. Acts 1991, No. 885, § 1; 1997, No. 1176, § 8; 2007, No. 166, § 4; 2009, No. 840, §§ 5, 6.

(a) (1) The Secretary of the Department of Finance and Administration shall maintain a record of the total amount of tax collected pursuant to this subchapter and all other subchapters authorizing a county sales and use tax in each county and shall deposit all such revenues with the Treasurer of State. (2) (A) Upon receipt of the funds, the Treasurer of State shall deduct three percent (3%) thereof as a charge by the state for its services as specified in this subchapter and shall credit the three percent (3%) to the Constitutional Officers Fund and the State Central Services Fund. (B) In addition, the Treasurer of State is authorized to retain in the Local Sales and Use Tax Trust Fund an amount not to exceed five percent (5%) of the total amount received from the tax levied by each county, to be used by the Treasurer of State to: (i) Make remittances to the county for rebates made by the county for taxes in excess of amounts specified by the particular county ordinances paid by a taxpayer on a single transaction; (ii) Make refunds for overpayment of the taxes; and (iii) Redeem dishonored checks and drafts received and deposited into the Local Sales and Use Tax Trust Fund. (3) Furthermore, the Treasurer of State shall determine which cities or towns within the county do not levy a local sales tax and remit to those cities or towns a percentage of the tax based upon the population of the city or town versus the population of the county.

(1) The Secretary of the Department of Finance and Administration shall maintain a record of the total amount of tax collected pursuant to this subchapter and all other subchapters authorizing a county sales and use tax in each county and shall deposit all such revenues with the Treasurer of State.

(2) (A) Upon receipt of the funds, the Treasurer of State shall deduct three percent (3%) thereof as a charge by the state for its services as specified in this subchapter and shall credit the three percent (3%) to the Constitutional Officers Fund and the State Central Services Fund. (B) In addition, the Treasurer of State is authorized to retain in the Local Sales and Use Tax Trust Fund an amount not to exceed five percent (5%) of the total amount received from the tax levied by each county, to be used by the Treasurer of State to: (i) Make remittances to the county for rebates made by the county for taxes in excess of amounts specified by the particular county ordinances paid by a taxpayer on a single transaction; (ii) Make refunds for overpayment of the taxes; and (iii) Redeem dishonored checks and drafts received and deposited into the Local Sales and Use Tax Trust Fund.

(A) Upon receipt of the funds, the Treasurer of State shall deduct three percent (3%) thereof as a charge by the state for its services as specified in this subchapter and shall credit the three percent (3%) to the Constitutional Officers Fund and the State Central Services Fund.

(B) In addition, the Treasurer of State is authorized to retain in the Local Sales and Use Tax Trust Fund an amount not to exceed five percent (5%) of the total amount received from the tax levied by each county, to be used by the Treasurer of State to: (i) Make remittances to the county for rebates made by the county for taxes in excess of amounts specified by the particular county ordinances paid by a taxpayer on a single transaction; (ii) Make refunds for overpayment of the taxes; and (iii) Redeem dishonored checks and drafts received and deposited into the Local Sales and Use Tax Trust Fund.

(i) Make remittances to the county for rebates made by the county for taxes in excess of amounts specified by the particular county ordinances paid by a taxpayer on a single transaction;

(ii) Make refunds for overpayment of the taxes; and

(iii) Redeem dishonored checks and drafts received and deposited into the Local Sales and Use Tax Trust Fund.

(3) Furthermore, the Treasurer of State shall determine which cities or towns within the county do not levy a local sales tax and remit to those cities or towns a percentage of the tax based upon the population of the city or town versus the population of the county.

(b) (1) Except as set forth in subsections (g) and (h) of this section, all funds received by the Treasurer of State from the sales tax levied by each county, after deducting the amounts required by subsection (a) of this section, shall be credited to the account of the county where collected. (2) (A) The Treasurer of State shall monthly transmit to the county treasurer the moneys received by the Treasurer of State from the sales tax levied by such county and credited to the account of the county in the Local Sales and Use Tax Trust Fund. (B) The county treasurer of any county which has levied a sales tax pursuant to this subchapter and which rebates taxes paid on a single transaction in excess of a specified amount shall monthly certify to the Treasurer of State the total amount of rebates paid since the preceding certification, and the Treasurer of State shall remit that amount to the county treasurer from the Local Sales and Use Tax Trust Fund.

(1) Except as set forth in subsections (g) and (h) of this section, all funds received by the Treasurer of State from the sales tax levied by each county, after deducting the amounts required by subsection (a) of this section, shall be credited to the account of the county where collected.

(2) (A) The Treasurer of State shall monthly transmit to the county treasurer the moneys received by the Treasurer of State from the sales tax levied by such county and credited to the account of the county in the Local Sales and Use Tax Trust Fund. (B) The county treasurer of any county which has levied a sales tax pursuant to this subchapter and which rebates taxes paid on a single transaction in excess of a specified amount shall monthly certify to the Treasurer of State the total amount of rebates paid since the preceding certification, and the Treasurer of State shall remit that amount to the county treasurer from the Local Sales and Use Tax Trust Fund.

(A) The Treasurer of State shall monthly transmit to the county treasurer the moneys received by the Treasurer of State from the sales tax levied by such county and credited to the account of the county in the Local Sales and Use Tax Trust Fund.

(B) The county treasurer of any county which has levied a sales tax pursuant to this subchapter and which rebates taxes paid on a single transaction in excess of a specified amount shall monthly certify to the Treasurer of State the total amount of rebates paid since the preceding certification, and the Treasurer of State shall remit that amount to the county treasurer from the Local Sales and Use Tax Trust Fund.

(c) Funds received by the counties pursuant to the provisions of this subchapter may be used by the counties for any purpose for which the county general fund or county road fund may be used, including allocating portions to municipalities located therein.

(d) The Treasurer of State is authorized to make refunds for overpayment of the county sales tax and to redeem dishonored checks and drafts issued in payment of the county sales tax from the Local Sales and Use Tax Trust Fund.

(e) When any tax adopted by a county pursuant to this subchapter ceases, the secretary shall retain in the account of that county in the Local Sales and Use Tax Trust Fund for a period of one (1) year an amount equal to five percent (5%) of the final remittance to the county and municipalities therein at the time of termination of the collection of the tax to: (1) Cover possible rebates by the county; (2) Cover refunds for overpayment of taxes; and (3) Redeem dishonored checks and drafts deposited to the credit of the Local Sales and Use Tax Trust Fund.

(1) Cover possible rebates by the county;

(2) Cover refunds for overpayment of taxes; and

(3) Redeem dishonored checks and drafts deposited to the credit of the Local Sales and Use Tax Trust Fund.

(f) After one (1) year has elapsed after the tax ceases in any county, the secretary shall transfer the balance in that county's account to the county and shall close the account.

(g) (1) Except for revenue collected under subdivision (g)(2) of this section, money collected that is derived from a tax on aviation fuel levied by a county where a regional airport as described by the Regional Airport Act, § 14-362-101 et seq., is located shall not be deposited into the State Treasury but shall be deposited as cash funds by the Treasurer of State into a bank or banks designated by the regional airport located within the levying county and transmitted to the regional airport, subject to the charges by the state for its services as specified in this section. (2) Revenue derived from a tax on aviation fuel in effect on December 30, 1987, is not subject to this section.

(1) Except for revenue collected under subdivision (g)(2) of this section, money collected that is derived from a tax on aviation fuel levied by a county where a regional airport as described by the Regional Airport Act, § 14-362-101 et seq., is located shall not be deposited into the State Treasury but shall be deposited as cash funds by the Treasurer of State into a bank or banks designated by the regional airport located within the levying county and transmitted to the regional airport, subject to the charges by the state for its services as specified in this section.

(2) Revenue derived from a tax on aviation fuel in effect on December 30, 1987, is not subject to this section.

(h) Money collected that is derived from a tax on aviation fuel levied by a county that is not dedicated to a specific purpose and may legally be used for any lawful purpose shall not be deposited into the State Treasury but shall be deposited as cash funds by the Treasurer of State into a bank or banks designated by the county and transmitted directly to the publicly owned airport where the aviation fuel was sold, subject to the charges by the state for its services as specified in this section.

Amended by Act 2019, No. 910,§ 4400, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4399, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4398, eff. 7/1/2019.

Acts 1991, No. 885, § 1; 1997, No. 1176, § 8; 2007, No. 166, § 4; 2009, No. 840, §§ 5, 6.
Ark. Code Ann. § 26-36-209 — AR Code / Title 26 / Chapter 36 / Subchapter 2 / Section 26-36-209
Time and manner - Returns
Status: in_force

(a) The county collector may collect, at any time, all delinquent personal property tax in his or her county, or any that may be sent from another county, by the sale of property or otherwise, and the county collector shall make returns of the amount so collected to the proper counties and officers. (b) (1) The county collector shall pay over to the county treasurer on the first day of each month or within ten (10) days after the first day of each month all amounts collected for his or her county under this section. (2) However, upon a certificate of distribution of the amounts collected under this section being prepared by the county clerk, county collector, or other county officer designated pursuant to § 26-28-102(a) , which certificate shall be issued on or before the fifteenth day of each month, the county treasurer shall transfer to the various funds the amount due each fund. (c) (1) All costs associated with such delinquent personal property taxes shall be prorated to the original taxing entities. (2) All penalties shall be deposited as county revenues into the county general fund. (d) For purposes of this section, the costs and penalties associated with delinquent personal property taxes shall not be considered a portion of the county collector's revenue in calculating excess commissions. Amended by Act 2023, No. 472,§ 4, eff. 8/1/2023. Amended by Act 2017, No. 197,§ 1, eff. 8/1/2017. Amended by Act 2013, No. 958,§ 3, eff. 8/16/2013. Acts 1883, No. 114, § 125, p. 199; C. & M. Dig., §§ 10078, 10079; Pope's Dig., §§ 13839, 13840; A.S.A. 1947, § 84-1018; Acts 1997, No. 213, § 1; 1999, No. 1078, § 88; 2009, No. 721, § 5.

(a) The county collector may collect, at any time, all delinquent personal property tax in his or her county, or any that may be sent from another county, by the sale of property or otherwise, and the county collector shall make returns of the amount so collected to the proper counties and officers.

(b) (1) The county collector shall pay over to the county treasurer on the first day of each month or within ten (10) days after the first day of each month all amounts collected for his or her county under this section. (2) However, upon a certificate of distribution of the amounts collected under this section being prepared by the county clerk, county collector, or other county officer designated pursuant to § 26-28-102(a) , which certificate shall be issued on or before the fifteenth day of each month, the county treasurer shall transfer to the various funds the amount due each fund.

(1) The county collector shall pay over to the county treasurer on the first day of each month or within ten (10) days after the first day of each month all amounts collected for his or her county under this section.

(2) However, upon a certificate of distribution of the amounts collected under this section being prepared by the county clerk, county collector, or other county officer designated pursuant to § 26-28-102(a) , which certificate shall be issued on or before the fifteenth day of each month, the county treasurer shall transfer to the various funds the amount due each fund.

(c) (1) All costs associated with such delinquent personal property taxes shall be prorated to the original taxing entities. (2) All penalties shall be deposited as county revenues into the county general fund.

(1) All costs associated with such delinquent personal property taxes shall be prorated to the original taxing entities.

(2) All penalties shall be deposited as county revenues into the county general fund.

(d) For purposes of this section, the costs and penalties associated with delinquent personal property taxes shall not be considered a portion of the county collector's revenue in calculating excess commissions.

Amended by Act 2023, No. 472,§ 4, eff. 8/1/2023.

Amended by Act 2017, No. 197,§ 1, eff. 8/1/2017.

Amended by Act 2013, No. 958,§ 3, eff. 8/16/2013.

Acts 1883, No. 114, § 125, p. 199; C. & M. Dig., §§ 10078, 10079; Pope's Dig., §§ 13839, 13840; A.S.A. 1947, § 84-1018; Acts 1997, No. 213, § 1; 1999, No. 1078, § 88; 2009, No. 721, § 5.
Ark. Code Ann. § 26-19-105 — AR Code / Title 26 / Chapter 19 / Section 26-19-105
Payment by taxpayer - Definition
Status: in_force

(a) (1) If the Secretary of the Department of Finance and Administration determines that a taxpayer's monthly liability for the following taxes for any calendar year equals or exceeds twenty thousand dollars ($20,000), the taxpayer shall pay any tax due by electronic funds transfer: (A) Income withholding taxes under the Arkansas Income Tax Withholding Act of 1965, § 26-51-901 et seq.; (B) Gross receipts or sales taxes under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., §§ 26-74-201 - 26-75-705 , or the Local Government Bond Act of 1985, § 14-164-301 et seq.; (C) Compensating or use taxes under the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.; (D) Privilege taxes; (E) Special alcoholic beverage excise taxes under § 3-7-201 ; (F) Alcoholic beverage supplemental taxes under §§ 3-9-213 and 3-9-223 ; and (G) Any other taxes supplemental to the taxes in subdivisions (a)(1)(A)-(F) of this section or required to be collected and remitted in the same manner as sales or use taxes or any other law of this state. (2) If the secretary determines that a taxpayer's monthly liability for the following taxes for any calendar year equals or exceeds twenty thousand dollars ($20,000), the taxpayer shall pay the taxes due by electronic funds transfer: (A) Taxes on tobacco products under the Arkansas Tobacco Products Tax Act of 1977, § 26-57-201 et seq.; (B) Severance taxes under §§ 26-58-101 - 26-58-303 ; or (C) Taxes on spirituous liquors, wines, malt liquors, and beer under §§ 3-5-101 - 3-7-114 . (3) If the secretary determines that a taxpayer's monthly liability for soft drink taxes under the Arkansas Soft Drink Tax Act, § 26-57-901 et seq., for any calendar year equals or exceeds twenty thousand dollars ($20,000), the taxpayer shall pay the taxes due by electronic funds transfer. (b) Monthly liability for taxes shall be determined by the secretary on the basis of average monthly liability for the preceding year. (c) (1) The transfer shall be made no later than the day before the due date for payment of the taxes so that payment of the taxes is received by the secretary on or before the due date for payment of the taxes as required by the laws of this state. (2) (A) A taxpayer who pays income withholding tax by electronic funds transfer or through the state module of the electronic funds transfer payment system of the United States Department of the Treasury in the time and manner required by this section shall not be required to file a monthly withholding return. (B) However, the taxpayer shall annually file a withholding return, setting forth the basis for each monthly payment made during the year by electronic funds transfer or through the state module of the electronic funds transfer payment system of the United States Department of the Treasury, on or before the fifteenth day following the end of each year. (C) The annual withholding return shall be made on such a form and shall include such information as the secretary prescribes. (3) Except as otherwise provided by this subchapter, no taxpayer required to pay tax by electronic funds transfer or who remits tax through the state module of the electronic funds transfer payment system of the United States Department of the Treasury shall be relieved from filing returns or complying with all other requirements of state tax laws. (4) (A) For any withholding tax reporting period, a company or any other business enterprise that provides the service of reporting and remitting withholding tax on the wages paid to Arkansas employees by other employers shall remit all such withholding taxes to the secretary by electronic funds transfer. (B) However, a company or business that provides tax reporting and remitting services shall not be required to remit withholding taxes by electronic funds transfer if the company or business provides those services for fewer than one hundred (100) Arkansas employers. (C) As used in this subdivision (c)(4), "Arkansas employer" means any employer required by Arkansas law to withhold, report, and remit Arkansas income tax on the wages, salary, or other compensation paid to its employees within this state. (5) (A) If the Federal Reserve Bank is closed on a due date that prohibits a taxpayer from being able to make a payment through electronic funds transfer, the payment shall be accepted as timely if made on the next day the Federal Reserve Bank is open. (B) A return filed in conjunction with a remittance that cannot be made due to the closure of the Federal Reserve Bank shall be accepted as timely if filed in conjunction with the payment on the next day the Federal Reserve Bank is open. (d) The following may elect to utilize the state module of the electronic funds transfer payment system of the United States Department of the Treasury to pay monthly income withholding taxes by electronic funds transfer: (1) Any taxpayer who is not required by subdivision (a)(1) of this section to pay income withholding taxes by electronic funds transfer; or (2) Any business that provides tax reporting and remitting services that is not required by subdivision (c)(4) of this section to pay income withholding taxes by electronic funds transfer. Amended by Act 2019, No. 910,§ 3665, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3664, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3663, eff. 7/1/2019. Acts 1993, No. 848, § 5; 1995, No. 301, § 1; 1999, No. 1132, § 6; 2005, No. 389, §§ 1, 2; 2007, No. 827, §§ 198, 199, 200; 2011, No. 291, § 1.

(a) (1) If the Secretary of the Department of Finance and Administration determines that a taxpayer's monthly liability for the following taxes for any calendar year equals or exceeds twenty thousand dollars ($20,000), the taxpayer shall pay any tax due by electronic funds transfer: (A) Income withholding taxes under the Arkansas Income Tax Withholding Act of 1965, § 26-51-901 et seq.; (B) Gross receipts or sales taxes under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., §§ 26-74-201 - 26-75-705 , or the Local Government Bond Act of 1985, § 14-164-301 et seq.; (C) Compensating or use taxes under the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.; (D) Privilege taxes; (E) Special alcoholic beverage excise taxes under § 3-7-201 ; (F) Alcoholic beverage supplemental taxes under §§ 3-9-213 and 3-9-223 ; and (G) Any other taxes supplemental to the taxes in subdivisions (a)(1)(A)-(F) of this section or required to be collected and remitted in the same manner as sales or use taxes or any other law of this state. (2) If the secretary determines that a taxpayer's monthly liability for the following taxes for any calendar year equals or exceeds twenty thousand dollars ($20,000), the taxpayer shall pay the taxes due by electronic funds transfer: (A) Taxes on tobacco products under the Arkansas Tobacco Products Tax Act of 1977, § 26-57-201 et seq.; (B) Severance taxes under §§ 26-58-101 - 26-58-303 ; or (C) Taxes on spirituous liquors, wines, malt liquors, and beer under §§ 3-5-101 - 3-7-114 . (3) If the secretary determines that a taxpayer's monthly liability for soft drink taxes under the Arkansas Soft Drink Tax Act, § 26-57-901 et seq., for any calendar year equals or exceeds twenty thousand dollars ($20,000), the taxpayer shall pay the taxes due by electronic funds transfer.

(1) If the Secretary of the Department of Finance and Administration determines that a taxpayer's monthly liability for the following taxes for any calendar year equals or exceeds twenty thousand dollars ($20,000), the taxpayer shall pay any tax due by electronic funds transfer: (A) Income withholding taxes under the Arkansas Income Tax Withholding Act of 1965, § 26-51-901 et seq.; (B) Gross receipts or sales taxes under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., §§ 26-74-201 - 26-75-705 , or the Local Government Bond Act of 1985, § 14-164-301 et seq.; (C) Compensating or use taxes under the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.; (D) Privilege taxes; (E) Special alcoholic beverage excise taxes under § 3-7-201 ; (F) Alcoholic beverage supplemental taxes under §§ 3-9-213 and 3-9-223 ; and (G) Any other taxes supplemental to the taxes in subdivisions (a)(1)(A)-(F) of this section or required to be collected and remitted in the same manner as sales or use taxes or any other law of this state.

(A) Income withholding taxes under the Arkansas Income Tax Withholding Act of 1965, § 26-51-901 et seq.;

(B) Gross receipts or sales taxes under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., §§ 26-74-201 - 26-75-705 , or the Local Government Bond Act of 1985, § 14-164-301 et seq.;

(C) Compensating or use taxes under the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.;

(D) Privilege taxes;

(E) Special alcoholic beverage excise taxes under § 3-7-201 ;

(F) Alcoholic beverage supplemental taxes under §§ 3-9-213 and 3-9-223 ; and

(G) Any other taxes supplemental to the taxes in subdivisions (a)(1)(A)-(F) of this section or required to be collected and remitted in the same manner as sales or use taxes or any other law of this state.

(2) If the secretary determines that a taxpayer's monthly liability for the following taxes for any calendar year equals or exceeds twenty thousand dollars ($20,000), the taxpayer shall pay the taxes due by electronic funds transfer: (A) Taxes on tobacco products under the Arkansas Tobacco Products Tax Act of 1977, § 26-57-201 et seq.; (B) Severance taxes under §§ 26-58-101 - 26-58-303 ; or (C) Taxes on spirituous liquors, wines, malt liquors, and beer under §§ 3-5-101 - 3-7-114 .

(A) Taxes on tobacco products under the Arkansas Tobacco Products Tax Act of 1977, § 26-57-201 et seq.;

(B) Severance taxes under §§ 26-58-101 - 26-58-303 ; or

(C) Taxes on spirituous liquors, wines, malt liquors, and beer under §§ 3-5-101 - 3-7-114 .

(3) If the secretary determines that a taxpayer's monthly liability for soft drink taxes under the Arkansas Soft Drink Tax Act, § 26-57-901 et seq., for any calendar year equals or exceeds twenty thousand dollars ($20,000), the taxpayer shall pay the taxes due by electronic funds transfer.

(b) Monthly liability for taxes shall be determined by the secretary on the basis of average monthly liability for the preceding year.

(c) (1) The transfer shall be made no later than the day before the due date for payment of the taxes so that payment of the taxes is received by the secretary on or before the due date for payment of the taxes as required by the laws of this state. (2) (A) A taxpayer who pays income withholding tax by electronic funds transfer or through the state module of the electronic funds transfer payment system of the United States Department of the Treasury in the time and manner required by this section shall not be required to file a monthly withholding return. (B) However, the taxpayer shall annually file a withholding return, setting forth the basis for each monthly payment made during the year by electronic funds transfer or through the state module of the electronic funds transfer payment system of the United States Department of the Treasury, on or before the fifteenth day following the end of each year. (C) The annual withholding return shall be made on such a form and shall include such information as the secretary prescribes. (3) Except as otherwise provided by this subchapter, no taxpayer required to pay tax by electronic funds transfer or who remits tax through the state module of the electronic funds transfer payment system of the United States Department of the Treasury shall be relieved from filing returns or complying with all other requirements of state tax laws. (4) (A) For any withholding tax reporting period, a company or any other business enterprise that provides the service of reporting and remitting withholding tax on the wages paid to Arkansas employees by other employers shall remit all such withholding taxes to the secretary by electronic funds transfer. (B) However, a company or business that provides tax reporting and remitting services shall not be required to remit withholding taxes by electronic funds transfer if the company or business provides those services for fewer than one hundred (100) Arkansas employers. (C) As used in this subdivision (c)(4), "Arkansas employer" means any employer required by Arkansas law to withhold, report, and remit Arkansas income tax on the wages, salary, or other compensation paid to its employees within this state. (5) (A) If the Federal Reserve Bank is closed on a due date that prohibits a taxpayer from being able to make a payment through electronic funds transfer, the payment shall be accepted as timely if made on the next day the Federal Reserve Bank is open. (B) A return filed in conjunction with a remittance that cannot be made due to the closure of the Federal Reserve Bank shall be accepted as timely if filed in conjunction with the payment on the next day the Federal Reserve Bank is open.

(1) The transfer shall be made no later than the day before the due date for payment of the taxes so that payment of the taxes is received by the secretary on or before the due date for payment of the taxes as required by the laws of this state.

(2) (A) A taxpayer who pays income withholding tax by electronic funds transfer or through the state module of the electronic funds transfer payment system of the United States Department of the Treasury in the time and manner required by this section shall not be required to file a monthly withholding return. (B) However, the taxpayer shall annually file a withholding return, setting forth the basis for each monthly payment made during the year by electronic funds transfer or through the state module of the electronic funds transfer payment system of the United States Department of the Treasury, on or before the fifteenth day following the end of each year. (C) The annual withholding return shall be made on such a form and shall include such information as the secretary prescribes.

(A) A taxpayer who pays income withholding tax by electronic funds transfer or through the state module of the electronic funds transfer payment system of the United States Department of the Treasury in the time and manner required by this section shall not be required to file a monthly withholding return.

(B) However, the taxpayer shall annually file a withholding return, setting forth the basis for each monthly payment made during the year by electronic funds transfer or through the state module of the electronic funds transfer payment system of the United States Department of the Treasury, on or before the fifteenth day following the end of each year.

(C) The annual withholding return shall be made on such a form and shall include such information as the secretary prescribes.

(3) Except as otherwise provided by this subchapter, no taxpayer required to pay tax by electronic funds transfer or who remits tax through the state module of the electronic funds transfer payment system of the United States Department of the Treasury shall be relieved from filing returns or complying with all other requirements of state tax laws.

(4) (A) For any withholding tax reporting period, a company or any other business enterprise that provides the service of reporting and remitting withholding tax on the wages paid to Arkansas employees by other employers shall remit all such withholding taxes to the secretary by electronic funds transfer. (B) However, a company or business that provides tax reporting and remitting services shall not be required to remit withholding taxes by electronic funds transfer if the company or business provides those services for fewer than one hundred (100) Arkansas employers. (C) As used in this subdivision (c)(4), "Arkansas employer" means any employer required by Arkansas law to withhold, report, and remit Arkansas income tax on the wages, salary, or other compensation paid to its employees within this state.

(A) For any withholding tax reporting period, a company or any other business enterprise that provides the service of reporting and remitting withholding tax on the wages paid to Arkansas employees by other employers shall remit all such withholding taxes to the secretary by electronic funds transfer.

(B) However, a company or business that provides tax reporting and remitting services shall not be required to remit withholding taxes by electronic funds transfer if the company or business provides those services for fewer than one hundred (100) Arkansas employers.

(C) As used in this subdivision (c)(4), "Arkansas employer" means any employer required by Arkansas law to withhold, report, and remit Arkansas income tax on the wages, salary, or other compensation paid to its employees within this state.

(5) (A) If the Federal Reserve Bank is closed on a due date that prohibits a taxpayer from being able to make a payment through electronic funds transfer, the payment shall be accepted as timely if made on the next day the Federal Reserve Bank is open. (B) A return filed in conjunction with a remittance that cannot be made due to the closure of the Federal Reserve Bank shall be accepted as timely if filed in conjunction with the payment on the next day the Federal Reserve Bank is open.

(A) If the Federal Reserve Bank is closed on a due date that prohibits a taxpayer from being able to make a payment through electronic funds transfer, the payment shall be accepted as timely if made on the next day the Federal Reserve Bank is open.

(B) A return filed in conjunction with a remittance that cannot be made due to the closure of the Federal Reserve Bank shall be accepted as timely if filed in conjunction with the payment on the next day the Federal Reserve Bank is open.

(d) The following may elect to utilize the state module of the electronic funds transfer payment system of the United States Department of the Treasury to pay monthly income withholding taxes by electronic funds transfer: (1) Any taxpayer who is not required by subdivision (a)(1) of this section to pay income withholding taxes by electronic funds transfer; or (2) Any business that provides tax reporting and remitting services that is not required by subdivision (c)(4) of this section to pay income withholding taxes by electronic funds transfer.

(1) Any taxpayer who is not required by subdivision (a)(1) of this section to pay income withholding taxes by electronic funds transfer; or

(2) Any business that provides tax reporting and remitting services that is not required by subdivision (c)(4) of this section to pay income withholding taxes by electronic funds transfer.

Amended by Act 2019, No. 910,§ 3665, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3664, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3663, eff. 7/1/2019.

Acts 1993, No. 848, § 5; 1995, No. 301, § 1; 1999, No. 1132, § 6; 2005, No. 389, §§ 1, 2; 2007, No. 827, §§ 198, 199, 200; 2011, No. 291, § 1.
Ark. Code Ann. § 26-26-1305 — AR Code / Title 26 / Chapter 26 / Subchapter 13 / Section 26-26-1305
Effect of reassessment
Status: in_force

Any reassessment shall, when completed, be treated exactly as an original assessment and be subject to equalization by the county equalization board and to appeals from the action of any officer having to do with the reassessment as are provided by law in the case of original assessments. Acts 1927, No. 129, § 29; Pope's Dig., § 2055; A.S.A. 1947, § 84-464.

Any reassessment shall, when completed, be treated exactly as an original assessment and be subject to equalization by the county equalization board and to appeals from the action of any officer having to do with the reassessment as are provided by law in the case of original assessments.

Acts 1927, No. 129, § 29; Pope's Dig., § 2055; A.S.A. 1947, § 84-464.
Ark. Code Ann. § 26-75-215 — AR Code / Title 26 / Chapter 75 / Subchapter 2 / Section 26-75-215
Repeal of taxes upon levy of additional statewide gross receipts tax - Exception
Status: in_force

(a) Subject to the provisions of subsection (b) of this section, if the General Assembly shall levy an additional statewide gross receipts tax of one percent (1%) or more, the governing body of any city which has levied a city sales and use tax pursuant to the authority granted in this subchapter, or under the provisions of § 26-75-301 et seq., § 26-75-501 et seq., or the Advertising and Promotion Commission Act, § 26-75-601 et seq., by ordinance approved by the governing body may repeal such city sales tax or city sales and use tax. (b) In any city in which a local sales and use tax has been adopted in the manner provided for in this subchapter and all or any portion pledged to secure the payment of lease rentals or bonds as authorized by this subchapter, that portion of the tax pledged to the payment of lease rentals or bonds shall not be repealed, abolished, or reduced so long as the lease is in effect or any of the bonds are outstanding. Acts 1981 (1st Ex. Sess.), No. 25, § 5; 1983, No. 726, § 4; A.S.A. 1947, § 19-4527.

(a) Subject to the provisions of subsection (b) of this section, if the General Assembly shall levy an additional statewide gross receipts tax of one percent (1%) or more, the governing body of any city which has levied a city sales and use tax pursuant to the authority granted in this subchapter, or under the provisions of § 26-75-301 et seq., § 26-75-501 et seq., or the Advertising and Promotion Commission Act, § 26-75-601 et seq., by ordinance approved by the governing body may repeal such city sales tax or city sales and use tax.

(b) In any city in which a local sales and use tax has been adopted in the manner provided for in this subchapter and all or any portion pledged to secure the payment of lease rentals or bonds as authorized by this subchapter, that portion of the tax pledged to the payment of lease rentals or bonds shall not be repealed, abolished, or reduced so long as the lease is in effect or any of the bonds are outstanding.

Acts 1981 (1st Ex. Sess.), No. 25, § 5; 1983, No. 726, § 4; A.S.A. 1947, § 19-4527.
Ark. Code Ann. § 26-37-204 — AR Code / Title 26 / Chapter 37 / Subchapter 2 / Section 26-37-204
Sales set aside
Status: in_force

(a) In the event the sale is set aside by legal action or if the land is proven to be nonexistent or double assessed, the purchaser shall be entitled to reimbursement of moneys paid. (b) The Commissioner of State Lands shall have the authority to set aside any sale. In the event the Commissioner of State Lands determines that a sale shall be set aside, the purchaser may be entitled to reimbursement of moneys paid to the Commissioner of State Lands. (c) In cases where sales may be set aside by the Commissioner of State Lands or by legal action by the record owner or the heirs or assigns of the record owner, the record owner or the heirs or assigns of the record owner shall pay all back taxes, penalties, interest, and costs charged against the land. (d) If the Commissioner of State Lands determines that the owner and all interested parties did not receive the required notice of sale and right to redeem, the Commissioner of State Lands shall: (1) Set aside the sale; or (2) Notify the owner and interested parties of the reasons why the Commissioner of State Lands does not believe the sale should be set aside. (e) As used in this section, "interested party" means the same as in § 26-37-301 . (f) The Commissioner of State Lands shall not be liable for any monetary damages to any owner, interested party, or purchaser of tax-delinquent land for any action taken or any omission of action related to the sale of tax-delinquent land. (g) An owner or interested party shall tender cash or certified funds, including without limitation a money order, cashier's check, or certified bank check equal to the amount of all taxes, penalties, interest, and costs charged against the tax-delinquent land: (1) Into the registry of the court before filing a complaint, counterclaim, cross-claim, third-party complaint, or any other pleading to set aside a sale of the tax-delinquent land; or (2) With the Commissioner of State Lands upon request by the Commissioner of State Lands before asking the Commissioner of State Lands to set aside a sale of the tax-delinquent land. Amended by Act 2015, No. 1230,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 574,§ 1, eff. 8/16/2013. Acts 1983, No. 626, § 5; A.S.A. 1947, § 84-1130; Acts 1991, No. 1080, § 2; 2007, No. 706, § 3; 2011, No. 862, § 3.

(a) In the event the sale is set aside by legal action or if the land is proven to be nonexistent or double assessed, the purchaser shall be entitled to reimbursement of moneys paid.

(b) The Commissioner of State Lands shall have the authority to set aside any sale. In the event the Commissioner of State Lands determines that a sale shall be set aside, the purchaser may be entitled to reimbursement of moneys paid to the Commissioner of State Lands.

(c) In cases where sales may be set aside by the Commissioner of State Lands or by legal action by the record owner or the heirs or assigns of the record owner, the record owner or the heirs or assigns of the record owner shall pay all back taxes, penalties, interest, and costs charged against the land.

(d) If the Commissioner of State Lands determines that the owner and all interested parties did not receive the required notice of sale and right to redeem, the Commissioner of State Lands shall: (1) Set aside the sale; or (2) Notify the owner and interested parties of the reasons why the Commissioner of State Lands does not believe the sale should be set aside.

(1) Set aside the sale; or

(2) Notify the owner and interested parties of the reasons why the Commissioner of State Lands does not believe the sale should be set aside.

(e) As used in this section, "interested party" means the same as in § 26-37-301 .

(f) The Commissioner of State Lands shall not be liable for any monetary damages to any owner, interested party, or purchaser of tax-delinquent land for any action taken or any omission of action related to the sale of tax-delinquent land.

(g) An owner or interested party shall tender cash or certified funds, including without limitation a money order, cashier's check, or certified bank check equal to the amount of all taxes, penalties, interest, and costs charged against the tax-delinquent land: (1) Into the registry of the court before filing a complaint, counterclaim, cross-claim, third-party complaint, or any other pleading to set aside a sale of the tax-delinquent land; or (2) With the Commissioner of State Lands upon request by the Commissioner of State Lands before asking the Commissioner of State Lands to set aside a sale of the tax-delinquent land.

(1) Into the registry of the court before filing a complaint, counterclaim, cross-claim, third-party complaint, or any other pleading to set aside a sale of the tax-delinquent land; or

(2) With the Commissioner of State Lands upon request by the Commissioner of State Lands before asking the Commissioner of State Lands to set aside a sale of the tax-delinquent land.

Amended by Act 2015, No. 1230,§ 1, eff. 7/22/2015.

Amended by Act 2013, No. 574,§ 1, eff. 8/16/2013.

Acts 1983, No. 626, § 5; A.S.A. 1947, § 84-1130; Acts 1991, No. 1080, § 2; 2007, No. 706, § 3; 2011, No. 862, § 3.
Ark. Code Ann. § 26-26-1607 — AR Code / Title 26 / Chapter 26 / Subchapter 16 / Section 26-26-1607
Method of valuing property - Definition
Status: in_force

(a) The valuation of the taxable property, both real and personal, of all persons, firms, companies, copartnerships, cooperatives, associations, and corporations required by law to be assessed by the Tax Division of the Arkansas Public Service Commission shall be made upon the consideration of what a clear fee simple title thereto would sell for under conditions which usually govern the sale of property of that character. (b) The division in determining fair market value, insofar as other evidence and information in its possession does not make it appear improper or unjust for it to do so, shall ascertain and determine as nearly as it can and consider: (1) Original cost less depreciation, replacement cost less depreciation, or reconstruction cost less depreciation. Proper consideration may be made for functional or economic obsolescence and for operation of nonprofitable facilities which necessitate regulatory body approval to eliminate; (2) (A) The market value of all outstanding capital stock and funded debt, excluding current and deferred liabilities, except accumulated deferred income taxes, investment tax credits, and items associated therewith. A premium or discount to capital stock may be considered above or below the current market price where evidence warrants. (B) In cases where the outstanding capital stock is not traded or is not capable of reasonably accurate determination, book values may be substituted; (3) (A) (i) The utility operating income after deduction of all actual income taxes paid, capitalized in the manner and at such rates as shall be just and reasonable, but in no event shall the capitalization rate be less than six percent (6%). The deduction from income of deferred income taxes, investment tax credits, and items associated therewith is specifically prohibited for purposes of this subsection. (ii) The utility operating income after the deduction of all income tax expense capitalized in a manner which recognizes the utility's ability to defer income taxes, utilizing accumulated deferred income taxes, investment tax credits, and items associated therewith as cost-free debt in the capital structure to determine the capitalization rate. (B) The utility operating income to be capitalized should be determined by reference to the company's historical income stream, appropriately weighted, with consideration to the future income stream. (C) Directory sales revenue produced in this state is considered attributable to utility real and personal property located in this state and is to be appropriately considered in determining operating income; and (4) Such other information as evidence to value as may be obtained that will enable the division to determine the fair market value of the property of the companies. The fair market value of affiliated properties separately assessed and the nonoperating properties of such companies shall be ascertained and determined as nearly as possible and deducted from the total unit value of the properties of the companies if the properties are included in the unit value. Insofar as it is possible or practical to do so, the same method of evaluating the properties of the companies separately assessed, or nonoperating properties, shall be used as was used in determining the unit value of the company. (c) The division, in valuing property pursuant to subsection (b) of this section for broadband communications entities, shall exclude all intangible property acquired after January 1, 2015, in accordance with the following provisions, provided that the values determined pursuant to this subsection shall be correlated to a final unit value and then allocated to the state: (1) The cost approach should be calculated based on the total original cost of the tangible and intangible operating property, less depreciation and amortization reflected on the company's balance sheet; (2) The cost approach value determined pursuant to subdivision (c)(1) of this section shall be adjusted to determine the "adjusted cost indicator value". The adjusted cost indicator equals the value determined pursuant to subdivision (c)(1) of this section reduced by all intangible property acquired after January 1, 2015. Intangible assets acquired after January 1, 2015, shall not include assets previously included in an Arkansas property tax valuation; (3) The value determined pursuant to subdivisions (b)(2) and (3) of this section shall be adjusted by multiplying each by a fraction as follows; provided, however, that this adjustment shall only apply if the original cost less depreciation of the tangible property located in this state is less than or equal to the adjusted value allocated to this state: (A) The numerator equals the "adjusted cost indicator value" determined pursuant to subdivision (c)(2) of this section; and (B) The denominator equals the original cost of the operating assets less depreciation as reflected on the balance sheet determined pursuant to subdivision (c)(1) of this section; (4) For purposes of this section, intangible property includes but is not limited to goodwill, trademarks and trade names, licenses, established customer base and lists, patents, franchises, rights and proprietary technology, but, solely for purposes of this subsection, intangible property does not include software; and (5) For purposes of this subsection, "broadband communications entities" means entities investing in intangible and tangible property to enhance broadband deployment and connectivity and shall include the following: (A) Commercial mobile service as defined in § 23-17-403 ; (B) Telecommunications providers as defined in § 23-17-403 ; (C) Video service providers as defined in § 23-19-202 ; and (D) Cable television systems as defined in § 26-26-1801 . Amended by Act 2015, No. 1118,§ 1, eff. 7/22/2015. Acts 1927, No. 129, § 18; Pope's Dig., § 2044; Acts 1963, No. 215, § 1; 1980 (2nd Ex. Sess.), No. 9, § 1; A.S.A. 1947, § 84-606.

(a) The valuation of the taxable property, both real and personal, of all persons, firms, companies, copartnerships, cooperatives, associations, and corporations required by law to be assessed by the Tax Division of the Arkansas Public Service Commission shall be made upon the consideration of what a clear fee simple title thereto would sell for under conditions which usually govern the sale of property of that character.

(b) The division in determining fair market value, insofar as other evidence and information in its possession does not make it appear improper or unjust for it to do so, shall ascertain and determine as nearly as it can and consider: (1) Original cost less depreciation, replacement cost less depreciation, or reconstruction cost less depreciation. Proper consideration may be made for functional or economic obsolescence and for operation of nonprofitable facilities which necessitate regulatory body approval to eliminate; (2) (A) The market value of all outstanding capital stock and funded debt, excluding current and deferred liabilities, except accumulated deferred income taxes, investment tax credits, and items associated therewith. A premium or discount to capital stock may be considered above or below the current market price where evidence warrants. (B) In cases where the outstanding capital stock is not traded or is not capable of reasonably accurate determination, book values may be substituted; (3) (A) (i) The utility operating income after deduction of all actual income taxes paid, capitalized in the manner and at such rates as shall be just and reasonable, but in no event shall the capitalization rate be less than six percent (6%). The deduction from income of deferred income taxes, investment tax credits, and items associated therewith is specifically prohibited for purposes of this subsection. (ii) The utility operating income after the deduction of all income tax expense capitalized in a manner which recognizes the utility's ability to defer income taxes, utilizing accumulated deferred income taxes, investment tax credits, and items associated therewith as cost-free debt in the capital structure to determine the capitalization rate. (B) The utility operating income to be capitalized should be determined by reference to the company's historical income stream, appropriately weighted, with consideration to the future income stream. (C) Directory sales revenue produced in this state is considered attributable to utility real and personal property located in this state and is to be appropriately considered in determining operating income; and (4) Such other information as evidence to value as may be obtained that will enable the division to determine the fair market value of the property of the companies. The fair market value of affiliated properties separately assessed and the nonoperating properties of such companies shall be ascertained and determined as nearly as possible and deducted from the total unit value of the properties of the companies if the properties are included in the unit value. Insofar as it is possible or practical to do so, the same method of evaluating the properties of the companies separately assessed, or nonoperating properties, shall be used as was used in determining the unit value of the company.

(1) Original cost less depreciation, replacement cost less depreciation, or reconstruction cost less depreciation. Proper consideration may be made for functional or economic obsolescence and for operation of nonprofitable facilities which necessitate regulatory body approval to eliminate;

(2) (A) The market value of all outstanding capital stock and funded debt, excluding current and deferred liabilities, except accumulated deferred income taxes, investment tax credits, and items associated therewith. A premium or discount to capital stock may be considered above or below the current market price where evidence warrants. (B) In cases where the outstanding capital stock is not traded or is not capable of reasonably accurate determination, book values may be substituted;

(A) The market value of all outstanding capital stock and funded debt, excluding current and deferred liabilities, except accumulated deferred income taxes, investment tax credits, and items associated therewith. A premium or discount to capital stock may be considered above or below the current market price where evidence warrants.

(B) In cases where the outstanding capital stock is not traded or is not capable of reasonably accurate determination, book values may be substituted;

(3) (A) (i) The utility operating income after deduction of all actual income taxes paid, capitalized in the manner and at such rates as shall be just and reasonable, but in no event shall the capitalization rate be less than six percent (6%). The deduction from income of deferred income taxes, investment tax credits, and items associated therewith is specifically prohibited for purposes of this subsection. (ii) The utility operating income after the deduction of all income tax expense capitalized in a manner which recognizes the utility's ability to defer income taxes, utilizing accumulated deferred income taxes, investment tax credits, and items associated therewith as cost-free debt in the capital structure to determine the capitalization rate. (B) The utility operating income to be capitalized should be determined by reference to the company's historical income stream, appropriately weighted, with consideration to the future income stream. (C) Directory sales revenue produced in this state is considered attributable to utility real and personal property located in this state and is to be appropriately considered in determining operating income; and

(A) (i) The utility operating income after deduction of all actual income taxes paid, capitalized in the manner and at such rates as shall be just and reasonable, but in no event shall the capitalization rate be less than six percent (6%). The deduction from income of deferred income taxes, investment tax credits, and items associated therewith is specifically prohibited for purposes of this subsection. (ii) The utility operating income after the deduction of all income tax expense capitalized in a manner which recognizes the utility's ability to defer income taxes, utilizing accumulated deferred income taxes, investment tax credits, and items associated therewith as cost-free debt in the capital structure to determine the capitalization rate.

(i) The utility operating income after deduction of all actual income taxes paid, capitalized in the manner and at such rates as shall be just and reasonable, but in no event shall the capitalization rate be less than six percent (6%). The deduction from income of deferred income taxes, investment tax credits, and items associated therewith is specifically prohibited for purposes of this subsection.

(ii) The utility operating income after the deduction of all income tax expense capitalized in a manner which recognizes the utility's ability to defer income taxes, utilizing accumulated deferred income taxes, investment tax credits, and items associated therewith as cost-free debt in the capital structure to determine the capitalization rate.

(B) The utility operating income to be capitalized should be determined by reference to the company's historical income stream, appropriately weighted, with consideration to the future income stream.

(C) Directory sales revenue produced in this state is considered attributable to utility real and personal property located in this state and is to be appropriately considered in determining operating income; and

(4) Such other information as evidence to value as may be obtained that will enable the division to determine the fair market value of the property of the companies. The fair market value of affiliated properties separately assessed and the nonoperating properties of such companies shall be ascertained and determined as nearly as possible and deducted from the total unit value of the properties of the companies if the properties are included in the unit value. Insofar as it is possible or practical to do so, the same method of evaluating the properties of the companies separately assessed, or nonoperating properties, shall be used as was used in determining the unit value of the company.

(c) The division, in valuing property pursuant to subsection (b) of this section for broadband communications entities, shall exclude all intangible property acquired after January 1, 2015, in accordance with the following provisions, provided that the values determined pursuant to this subsection shall be correlated to a final unit value and then allocated to the state: (1) The cost approach should be calculated based on the total original cost of the tangible and intangible operating property, less depreciation and amortization reflected on the company's balance sheet; (2) The cost approach value determined pursuant to subdivision (c)(1) of this section shall be adjusted to determine the "adjusted cost indicator value". The adjusted cost indicator equals the value determined pursuant to subdivision (c)(1) of this section reduced by all intangible property acquired after January 1, 2015. Intangible assets acquired after January 1, 2015, shall not include assets previously included in an Arkansas property tax valuation; (3) The value determined pursuant to subdivisions (b)(2) and (3) of this section shall be adjusted by multiplying each by a fraction as follows; provided, however, that this adjustment shall only apply if the original cost less depreciation of the tangible property located in this state is less than or equal to the adjusted value allocated to this state: (A) The numerator equals the "adjusted cost indicator value" determined pursuant to subdivision (c)(2) of this section; and (B) The denominator equals the original cost of the operating assets less depreciation as reflected on the balance sheet determined pursuant to subdivision (c)(1) of this section; (4) For purposes of this section, intangible property includes but is not limited to goodwill, trademarks and trade names, licenses, established customer base and lists, patents, franchises, rights and proprietary technology, but, solely for purposes of this subsection, intangible property does not include software; and (5) For purposes of this subsection, "broadband communications entities" means entities investing in intangible and tangible property to enhance broadband deployment and connectivity and shall include the following: (A) Commercial mobile service as defined in § 23-17-403 ; (B) Telecommunications providers as defined in § 23-17-403 ; (C) Video service providers as defined in § 23-19-202 ; and (D) Cable television systems as defined in § 26-26-1801 .

(1) The cost approach should be calculated based on the total original cost of the tangible and intangible operating property, less depreciation and amortization reflected on the company's balance sheet;

(2) The cost approach value determined pursuant to subdivision (c)(1) of this section shall be adjusted to determine the "adjusted cost indicator value". The adjusted cost indicator equals the value determined pursuant to subdivision (c)(1) of this section reduced by all intangible property acquired after January 1, 2015. Intangible assets acquired after January 1, 2015, shall not include assets previously included in an Arkansas property tax valuation;

(3) The value determined pursuant to subdivisions (b)(2) and (3) of this section shall be adjusted by multiplying each by a fraction as follows; provided, however, that this adjustment shall only apply if the original cost less depreciation of the tangible property located in this state is less than or equal to the adjusted value allocated to this state: (A) The numerator equals the "adjusted cost indicator value" determined pursuant to subdivision (c)(2) of this section; and (B) The denominator equals the original cost of the operating assets less depreciation as reflected on the balance sheet determined pursuant to subdivision (c)(1) of this section;

(A) The numerator equals the "adjusted cost indicator value" determined pursuant to subdivision (c)(2) of this section; and

(B) The denominator equals the original cost of the operating assets less depreciation as reflected on the balance sheet determined pursuant to subdivision (c)(1) of this section;

(4) For purposes of this section, intangible property includes but is not limited to goodwill, trademarks and trade names, licenses, established customer base and lists, patents, franchises, rights and proprietary technology, but, solely for purposes of this subsection, intangible property does not include software; and

(5) For purposes of this subsection, "broadband communications entities" means entities investing in intangible and tangible property to enhance broadband deployment and connectivity and shall include the following: (A) Commercial mobile service as defined in § 23-17-403 ; (B) Telecommunications providers as defined in § 23-17-403 ; (C) Video service providers as defined in § 23-19-202 ; and (D) Cable television systems as defined in § 26-26-1801 .

(A) Commercial mobile service as defined in § 23-17-403 ;

(B) Telecommunications providers as defined in § 23-17-403 ;

(C) Video service providers as defined in § 23-19-202 ; and

(D) Cable television systems as defined in § 26-26-1801 .

Amended by Act 2015, No. 1118,§ 1, eff. 7/22/2015.

Acts 1927, No. 129, § 18; Pope's Dig., § 2044; Acts 1963, No. 215, § 1; 1980 (2nd Ex. Sess.), No. 9, § 1; A.S.A. 1947, § 84-606.
Ark. Code Ann. § 26-51-205 — AR Code / Title 26 / Chapter 51 / Subchapter 2 / Section 26-51-205
Corporations - Work Force 2000 Development Fund
Status: in_force

(a) (1) Every corporation organized under the laws of this state shall pay annually an income tax with respect to carrying on or doing business on the entire net income of the corporation, as now defined by the laws of the State of Arkansas, received by the corporation during the income year, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the second three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); (D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); (E) On the next seventy-five thousand dollars ($75,000) of net income or any part thereof, but not exceeding one hundred thousand dollars ($100,000), six percent (6%); and (F) On net income exceeding one hundred thousand dollars ($100,000), six and five-tenths percent (6.5%). (2) For the tax year beginning January 1, 2021, every corporation organized under the laws of this state shall pay annually an income tax with respect to carrying on or doing business on the entire net income of the corporation, as now defined by the laws of this state, received by the corporation during the income year, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); (D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); (E) On the next seventy-five thousand dollars ($75,000) of net income or any part thereof, six percent (6%); and (F) On net income exceeding one hundred thousand dollars ($100,000), six and two-tenths percent (6.2%). (3) For tax years beginning on or after January 1, 2022, every corporation organized under the laws of this state shall pay annually an income tax with respect to carrying on or doing business on the entire net income of the corporation, as now defined by the laws of this state, received by the corporation during the income year, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); (D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); and (E) On net income exceeding twenty-five thousand dollars ($25,000), five and nine-tenths percent (5.9%). (4) For tax years beginning on or after January 1, 2023, every corporation organized under the laws of this state shall pay annually an income tax with respect to carrying on or doing business on the entire net income of the corporation, as now defined by the laws of this state, received by the corporation during the income year, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); (D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); and (E) On net income exceeding twenty-five thousand dollars ($25,000), five and one-tenths percent (5.1%). (5) For tax years beginning on or after January 1, 2024, every corporation organized under the laws of this state shall pay annually an income tax with respect to carrying on or doing business on the entire net income of the corporation, as now defined by the laws of this state, received by the corporation during the income year, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); and (D) On net income exceeding eleven thousand dollars ($11,000), four and three-tenths percent (4.3%). (b) (1) Every foreign corporation doing business within the jurisdiction of this state shall pay annually an income tax on the proportion of its entire net income as now determined by the income tax laws of this state, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the second three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); (D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); (E) On the next seventy-five thousand dollars ($75,000) of net income or any part thereof, but not exceeding one hundred thousand dollars ($100,000), six percent (6%); and (F) On net income exceeding one hundred thousand dollars ($100,000), six and five-tenths percent (6.5%). (2) For the tax year beginning January 1, 2021, every foreign corporation doing business within the jurisdiction of this state shall pay annually an income tax on the proportion of its entire net income as now determined by the income tax laws of this state, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); (D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); (E) On the next seventy-five thousand dollars ($75,000) of net income or any part thereof, six percent (6%); and (F) On net income exceeding one hundred thousand dollars ($100,000), six and two-tenths percent (6.2%). (3) For tax years beginning on or after January 1, 2022, every foreign corporation doing business within the jurisdiction of this state shall pay annually an income tax on the proportion of its entire net income as now determined by the income tax laws of this state, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); (D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); and (E) On net income exceeding twenty-five thousand dollars ($25,000), five and nine-tenths percent (5.9%). (4) For tax years beginning on or after January 1, 2023, every foreign corporation doing business within the jurisdiction of this state shall pay annually an income tax on the proportion of its entire net income as now defined by the income tax laws of this state, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); (D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); and (E) On net income exceeding twenty-five thousand dollars ($25,000), five and one-tenths percent (5.1%). (5) For tax years beginning on or after January 1, 2024, every foreign corporation doing business within the jurisdiction of this state shall pay annually an income tax on the proportion of its entire net income as now defined by the income tax laws of this state, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); and (D) On net income exceeding eleven thousand dollars ($11,000), four and three-tenths percent (4.3%). (c) (1) (A) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Work Force 2000 Development Fund". (B) The Work Force 2000 Development Fund shall consist of those special revenues as specified in subdivision (c)(2) of this section and all other revenues as may be authorized by law. (2) (A) The Revenue Division of the Department of Finance and Administration shall deposit the funds collected under the provisions of this section for corporate income tax into the State Treasury, there to be credited to the Revenue Holding Fund Account of the State Apportionment Fund. (B) (i) (a) For each of the state's fiscal years, the Chief Fiscal Officer of the State shall determine as an annual allocation available under the provisions of this section an amount based on the total net revenues, as enumerated in subsections (a) and (b) of this section, which were collected in the immediate past year, multiplied by a factor of six hundred seventy-eight ten thousandths (.0678). (b) On the last day of each month of the respective fiscal year, the Chief Fiscal Officer of the State shall certify to the Treasurer of State an amount based on one-twelfth ( 1 / 12 ) of the annual allocation provided in this section for transfer as specified in subdivision (c)(2)(B)(ii) of this section. (ii) The Treasurer of State shall then transfer the amount so certified to the Special Revenue Fund Account as part of the gross special revenues. (iii) After the deductions as set out in § 19-5-203 have been made, the remaining amount shall be credited to the Work Force 2000 Development Fund. (iv) The remaining corporate income tax collections remaining in the Revenue Holding Fund Account shall be credited to the General Revenue Fund Account of the State Apportionment Fund, there to be distributed with the other gross general revenue collections for that month in accordance with the provisions of § 19-5-201 et seq. (d) (1) All proceeds derived from the additional tax levied by this section shall be used exclusively for the authorized educational activities of: (A) Any postsecondary vocational-technical school, technical institute, comprehensive lifelong learning center, technical college, community college; or (B) Any postsecondary vocational-technical school, technical institute, comprehensive lifelong learning center, or technical college that merges with a two-year branch of a four-year institution, a four-year institution, a technical college, or a community college. (2) (A) The distribution of the proceeds shall be supervised by the Career Education and Workforce Development Board for the postsecondary vocational-technical schools, technical institutes, and comprehensive lifelong learning centers. (B) The distribution of the proceeds for technical colleges, community colleges, or any postsecondary vocational-technical school, technical institute, comprehensive lifelong learning center, or technical college that merges with a two-year branch of a four-year institution, a four-year institution, a technical college, or a community college shall continue at the same proportion as those distributions made in fiscal year 1996-1997, excluding one-time capital disbursements and professional development disbursements made in fiscal year 1996-1997 equal to the amount of funds distributed in fiscal year 1998-1999. (C) Any increase in the amount of funds in the Work Force 2000 Development Fund above the amount distributed in fiscal year 1998-1999 shall be supervised by the Arkansas Higher Education Coordinating Board and shall be distributed after a review of needs including, but not limited to, equity considerations and workforce development and after consultation with the presidents and chancellors of the technical and former technical colleges. (e) (1) (A) After the amounts to be made available to the various technical institutes or comprehensive lifelong learning centers have been determined under subdivisions (d)(2)(A) and (d)(2)(B) of this section, such documents as may be necessary shall be processed so that funds may be transferred from the Work Force 2000 Development Fund to the State Treasury fund or fund account from which the technical institute or comprehensive lifelong learning center draws its general revenue support. (B) The amount of the funds transferred under subdivision (e)(1)(A) of this section shall not exceed six and three hundred nine thousandths percent (6.309%) of the total funds available from the Work Force 2000 Development Fund during each fiscal year. (2) If a technical college, community college, or educational institution that receives support from the Work Force 2000 Development Fund as determined by law transfers from the Arkansas Technical College and Community College system for which Work Force 2000 Development Fund moneys are determined by law, then the actual amount of support from the Work Force 2000 Development Fund in the preceding fiscal year for the transferring educational institution shall be made available regardless of any other provision of law that sets out maximum levels of support from such fund. (3) (A) The funds distributed under subdivision (d)(2)(C) of this section in excess of those amounts collected and distributed before June 30, 2014, shall be deposited into the Skills Development Fund to be used only for personal services, grants, operation, support, and improvement of occupational, vocational, technical, and workforce development programs by the Office of Skills Development of the Department of Commerce. (B) The distributions of funds under subdivision (d)(2)(C) of this section in excess of those amounts collected and distributed before June 30, 2014, shall not apply to proceeds allocated to schools, colleges, and educational institutions under subdivisions (d)(2)(A) and (d)(2)(B) of this section. Amended by Act 2024EX2, No. 4,§ 3, eff. 6/19/2024. Amended by Act 2024EX2, No. 4,§ 2, eff. 6/19/2024. Amended by Act 2024EX2, No. 1,§ 3, eff. 6/19/2024. Amended by Act 2024EX2, No. 1,§ 2, eff. 6/19/2024. Amended by Act 2023EX1, No. 6,§ 3, eff. 9/14/2023. Amended by Act 2023EX1, No. 6,§ 2, eff. 9/14/2023. Amended by Act 2023, No. 532,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 532,§ 3, eff. 8/1/2023. Amended by Act 2023, No. 796,§ 71, eff. 7/1/2023. Amended by Act 2022EX3, No. 2,§ 3, eff. effective for tax years beginning on or after January 1, 2023. Amended by Act 2022EX3, No. 1,§ 3, eff. effective for tax years beginning on or after January 1, 2023. Amended by Act 2022EX3, No. 2,§ 2, eff. effective for tax years beginning on or after January 1, 2023. Amended by Act 2022EX3, No. 1,§ 2, eff. effective for tax years beginning on or after January 1, 2023. Amended by Act 2021EX2, No. 2,§ 7, eff. for tax years beginning on or after January 1, 2022. Amended by Act 2021EX2, No. 2,§ 6, eff. for tax years beginning on or after January 1, 2022. Amended by Act 2021EX2, No. 1,§ 7, eff. for tax years beginning on or after January 1, 2022. Amended by Act 2021EX2, No. 1,§ 6, eff. for tax years beginning on or after January 1, 2022. Amended by Act 2019, No. 822,§ 4, eff. 1/1/2021. Acts 1941, No. 129, § 2; 1969, No. 392, §§ 1, 2; A.S.A. 1947, § 84-2004; Acts 1991, No. 1052, §§ 1-4; 1997, No. 171, § 2; 1999, No. 1315, §§ 2, 3.

(a) (1) Every corporation organized under the laws of this state shall pay annually an income tax with respect to carrying on or doing business on the entire net income of the corporation, as now defined by the laws of the State of Arkansas, received by the corporation during the income year, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the second three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); (D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); (E) On the next seventy-five thousand dollars ($75,000) of net income or any part thereof, but not exceeding one hundred thousand dollars ($100,000), six percent (6%); and (F) On net income exceeding one hundred thousand dollars ($100,000), six and five-tenths percent (6.5%). (2) For the tax year beginning January 1, 2021, every corporation organized under the laws of this state shall pay annually an income tax with respect to carrying on or doing business on the entire net income of the corporation, as now defined by the laws of this state, received by the corporation during the income year, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); (D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); (E) On the next seventy-five thousand dollars ($75,000) of net income or any part thereof, six percent (6%); and (F) On net income exceeding one hundred thousand dollars ($100,000), six and two-tenths percent (6.2%). (3) For tax years beginning on or after January 1, 2022, every corporation organized under the laws of this state shall pay annually an income tax with respect to carrying on or doing business on the entire net income of the corporation, as now defined by the laws of this state, received by the corporation during the income year, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); (D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); and (E) On net income exceeding twenty-five thousand dollars ($25,000), five and nine-tenths percent (5.9%). (4) For tax years beginning on or after January 1, 2023, every corporation organized under the laws of this state shall pay annually an income tax with respect to carrying on or doing business on the entire net income of the corporation, as now defined by the laws of this state, received by the corporation during the income year, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); (D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); and (E) On net income exceeding twenty-five thousand dollars ($25,000), five and one-tenths percent (5.1%). (5) For tax years beginning on or after January 1, 2024, every corporation organized under the laws of this state shall pay annually an income tax with respect to carrying on or doing business on the entire net income of the corporation, as now defined by the laws of this state, received by the corporation during the income year, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); and (D) On net income exceeding eleven thousand dollars ($11,000), four and three-tenths percent (4.3%).

(1) Every corporation organized under the laws of this state shall pay annually an income tax with respect to carrying on or doing business on the entire net income of the corporation, as now defined by the laws of the State of Arkansas, received by the corporation during the income year, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the second three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); (D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); (E) On the next seventy-five thousand dollars ($75,000) of net income or any part thereof, but not exceeding one hundred thousand dollars ($100,000), six percent (6%); and (F) On net income exceeding one hundred thousand dollars ($100,000), six and five-tenths percent (6.5%).

(A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%);

(B) On the second three thousand dollars ($3,000) of net income or any part thereof, two percent (2%);

(C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%);

(D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%);

(E) On the next seventy-five thousand dollars ($75,000) of net income or any part thereof, but not exceeding one hundred thousand dollars ($100,000), six percent (6%); and

(F) On net income exceeding one hundred thousand dollars ($100,000), six and five-tenths percent (6.5%).

(2) For the tax year beginning January 1, 2021, every corporation organized under the laws of this state shall pay annually an income tax with respect to carrying on or doing business on the entire net income of the corporation, as now defined by the laws of this state, received by the corporation during the income year, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); (D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); (E) On the next seventy-five thousand dollars ($75,000) of net income or any part thereof, six percent (6%); and (F) On net income exceeding one hundred thousand dollars ($100,000), six and two-tenths percent (6.2%).

(A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%);

(B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%);

(C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%);

(D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%);

(E) On the next seventy-five thousand dollars ($75,000) of net income or any part thereof, six percent (6%); and

(F) On net income exceeding one hundred thousand dollars ($100,000), six and two-tenths percent (6.2%).

(3) For tax years beginning on or after January 1, 2022, every corporation organized under the laws of this state shall pay annually an income tax with respect to carrying on or doing business on the entire net income of the corporation, as now defined by the laws of this state, received by the corporation during the income year, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); (D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); and (E) On net income exceeding twenty-five thousand dollars ($25,000), five and nine-tenths percent (5.9%).

(A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%);

(B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%);

(C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%);

(D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); and

(E) On net income exceeding twenty-five thousand dollars ($25,000), five and nine-tenths percent (5.9%).

(4) For tax years beginning on or after January 1, 2023, every corporation organized under the laws of this state shall pay annually an income tax with respect to carrying on or doing business on the entire net income of the corporation, as now defined by the laws of this state, received by the corporation during the income year, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); (D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); and (E) On net income exceeding twenty-five thousand dollars ($25,000), five and one-tenths percent (5.1%).

(A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%);

(B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%);

(C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%);

(D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); and

(E) On net income exceeding twenty-five thousand dollars ($25,000), five and one-tenths percent (5.1%).

(5) For tax years beginning on or after January 1, 2024, every corporation organized under the laws of this state shall pay annually an income tax with respect to carrying on or doing business on the entire net income of the corporation, as now defined by the laws of this state, received by the corporation during the income year, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); and (D) On net income exceeding eleven thousand dollars ($11,000), four and three-tenths percent (4.3%).

(A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%);

(B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%);

(C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); and

(D) On net income exceeding eleven thousand dollars ($11,000), four and three-tenths percent (4.3%).

(b) (1) Every foreign corporation doing business within the jurisdiction of this state shall pay annually an income tax on the proportion of its entire net income as now determined by the income tax laws of this state, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the second three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); (D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); (E) On the next seventy-five thousand dollars ($75,000) of net income or any part thereof, but not exceeding one hundred thousand dollars ($100,000), six percent (6%); and (F) On net income exceeding one hundred thousand dollars ($100,000), six and five-tenths percent (6.5%). (2) For the tax year beginning January 1, 2021, every foreign corporation doing business within the jurisdiction of this state shall pay annually an income tax on the proportion of its entire net income as now determined by the income tax laws of this state, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); (D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); (E) On the next seventy-five thousand dollars ($75,000) of net income or any part thereof, six percent (6%); and (F) On net income exceeding one hundred thousand dollars ($100,000), six and two-tenths percent (6.2%). (3) For tax years beginning on or after January 1, 2022, every foreign corporation doing business within the jurisdiction of this state shall pay annually an income tax on the proportion of its entire net income as now determined by the income tax laws of this state, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); (D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); and (E) On net income exceeding twenty-five thousand dollars ($25,000), five and nine-tenths percent (5.9%). (4) For tax years beginning on or after January 1, 2023, every foreign corporation doing business within the jurisdiction of this state shall pay annually an income tax on the proportion of its entire net income as now defined by the income tax laws of this state, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); (D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); and (E) On net income exceeding twenty-five thousand dollars ($25,000), five and one-tenths percent (5.1%). (5) For tax years beginning on or after January 1, 2024, every foreign corporation doing business within the jurisdiction of this state shall pay annually an income tax on the proportion of its entire net income as now defined by the income tax laws of this state, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); and (D) On net income exceeding eleven thousand dollars ($11,000), four and three-tenths percent (4.3%).

(1) Every foreign corporation doing business within the jurisdiction of this state shall pay annually an income tax on the proportion of its entire net income as now determined by the income tax laws of this state, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the second three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); (D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); (E) On the next seventy-five thousand dollars ($75,000) of net income or any part thereof, but not exceeding one hundred thousand dollars ($100,000), six percent (6%); and (F) On net income exceeding one hundred thousand dollars ($100,000), six and five-tenths percent (6.5%).

(A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%);

(B) On the second three thousand dollars ($3,000) of net income or any part thereof, two percent (2%);

(C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%);

(D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%);

(E) On the next seventy-five thousand dollars ($75,000) of net income or any part thereof, but not exceeding one hundred thousand dollars ($100,000), six percent (6%); and

(F) On net income exceeding one hundred thousand dollars ($100,000), six and five-tenths percent (6.5%).

(2) For the tax year beginning January 1, 2021, every foreign corporation doing business within the jurisdiction of this state shall pay annually an income tax on the proportion of its entire net income as now determined by the income tax laws of this state, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); (D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); (E) On the next seventy-five thousand dollars ($75,000) of net income or any part thereof, six percent (6%); and (F) On net income exceeding one hundred thousand dollars ($100,000), six and two-tenths percent (6.2%).

(A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%);

(B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%);

(C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%);

(D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%);

(E) On the next seventy-five thousand dollars ($75,000) of net income or any part thereof, six percent (6%); and

(F) On net income exceeding one hundred thousand dollars ($100,000), six and two-tenths percent (6.2%).

(3) For tax years beginning on or after January 1, 2022, every foreign corporation doing business within the jurisdiction of this state shall pay annually an income tax on the proportion of its entire net income as now determined by the income tax laws of this state, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); (D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); and (E) On net income exceeding twenty-five thousand dollars ($25,000), five and nine-tenths percent (5.9%).

(A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%);

(B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%);

(C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%);

(D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); and

(E) On net income exceeding twenty-five thousand dollars ($25,000), five and nine-tenths percent (5.9%).

(4) For tax years beginning on or after January 1, 2023, every foreign corporation doing business within the jurisdiction of this state shall pay annually an income tax on the proportion of its entire net income as now defined by the income tax laws of this state, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); (D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); and (E) On net income exceeding twenty-five thousand dollars ($25,000), five and one-tenths percent (5.1%).

(A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%);

(B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%);

(C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%);

(D) On the next fourteen thousand dollars ($14,000) of net income or any part thereof, five percent (5%); and

(E) On net income exceeding twenty-five thousand dollars ($25,000), five and one-tenths percent (5.1%).

(5) For tax years beginning on or after January 1, 2024, every foreign corporation doing business within the jurisdiction of this state shall pay annually an income tax on the proportion of its entire net income as now defined by the income tax laws of this state, on the following basis: (A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%); (B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%); (C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); and (D) On net income exceeding eleven thousand dollars ($11,000), four and three-tenths percent (4.3%).

(A) On the first three thousand dollars ($3,000) of net income or any part thereof, one percent (1%);

(B) On the next three thousand dollars ($3,000) of net income or any part thereof, two percent (2%);

(C) On the next five thousand dollars ($5,000) of net income or any part thereof, three percent (3%); and

(D) On net income exceeding eleven thousand dollars ($11,000), four and three-tenths percent (4.3%).

(c) (1) (A) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Work Force 2000 Development Fund". (B) The Work Force 2000 Development Fund shall consist of those special revenues as specified in subdivision (c)(2) of this section and all other revenues as may be authorized by law. (2) (A) The Revenue Division of the Department of Finance and Administration shall deposit the funds collected under the provisions of this section for corporate income tax into the State Treasury, there to be credited to the Revenue Holding Fund Account of the State Apportionment Fund. (B) (i) (a) For each of the state's fiscal years, the Chief Fiscal Officer of the State shall determine as an annual allocation available under the provisions of this section an amount based on the total net revenues, as enumerated in subsections (a) and (b) of this section, which were collected in the immediate past year, multiplied by a factor of six hundred seventy-eight ten thousandths (.0678). (b) On the last day of each month of the respective fiscal year, the Chief Fiscal Officer of the State shall certify to the Treasurer of State an amount based on one-twelfth ( 1 / 12 ) of the annual allocation provided in this section for transfer as specified in subdivision (c)(2)(B)(ii) of this section. (ii) The Treasurer of State shall then transfer the amount so certified to the Special Revenue Fund Account as part of the gross special revenues. (iii) After the deductions as set out in § 19-5-203 have been made, the remaining amount shall be credited to the Work Force 2000 Development Fund. (iv) The remaining corporate income tax collections remaining in the Revenue Holding Fund Account shall be credited to the General Revenue Fund Account of the State Apportionment Fund, there to be distributed with the other gross general revenue collections for that month in accordance with the provisions of § 19-5-201 et seq.

(1) (A) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Work Force 2000 Development Fund". (B) The Work Force 2000 Development Fund shall consist of those special revenues as specified in subdivision (c)(2) of this section and all other revenues as may be authorized by law.

(A) There is created on the books of the Treasurer of State, the Auditor of State, and the Chief Fiscal Officer of the State a fund to be known as the "Work Force 2000 Development Fund".

(B) The Work Force 2000 Development Fund shall consist of those special revenues as specified in subdivision (c)(2) of this section and all other revenues as may be authorized by law.

(2) (A) The Revenue Division of the Department of Finance and Administration shall deposit the funds collected under the provisions of this section for corporate income tax into the State Treasury, there to be credited to the Revenue Holding Fund Account of the State Apportionment Fund. (B) (i) (a) For each of the state's fiscal years, the Chief Fiscal Officer of the State shall determine as an annual allocation available under the provisions of this section an amount based on the total net revenues, as enumerated in subsections (a) and (b) of this section, which were collected in the immediate past year, multiplied by a factor of six hundred seventy-eight ten thousandths (.0678). (b) On the last day of each month of the respective fiscal year, the Chief Fiscal Officer of the State shall certify to the Treasurer of State an amount based on one-twelfth ( 1 / 12 ) of the annual allocation provided in this section for transfer as specified in subdivision (c)(2)(B)(ii) of this section. (ii) The Treasurer of State shall then transfer the amount so certified to the Special Revenue Fund Account as part of the gross special revenues. (iii) After the deductions as set out in § 19-5-203 have been made, the remaining amount shall be credited to the Work Force 2000 Development Fund. (iv) The remaining corporate income tax collections remaining in the Revenue Holding Fund Account shall be credited to the General Revenue Fund Account of the State Apportionment Fund, there to be distributed with the other gross general revenue collections for that month in accordance with the provisions of § 19-5-201 et seq.

(A) The Revenue Division of the Department of Finance and Administration shall deposit the funds collected under the provisions of this section for corporate income tax into the State Treasury, there to be credited to the Revenue Holding Fund Account of the State Apportionment Fund.

(B) (i) (a) For each of the state's fiscal years, the Chief Fiscal Officer of the State shall determine as an annual allocation available under the provisions of this section an amount based on the total net revenues, as enumerated in subsections (a) and (b) of this section, which were collected in the immediate past year, multiplied by a factor of six hundred seventy-eight ten thousandths (.0678). (b) On the last day of each month of the respective fiscal year, the Chief Fiscal Officer of the State shall certify to the Treasurer of State an amount based on one-twelfth ( 1 / 12 ) of the annual allocation provided in this section for transfer as specified in subdivision (c)(2)(B)(ii) of this section. (ii) The Treasurer of State shall then transfer the amount so certified to the Special Revenue Fund Account as part of the gross special revenues. (iii) After the deductions as set out in § 19-5-203 have been made, the remaining amount shall be credited to the Work Force 2000 Development Fund. (iv) The remaining corporate income tax collections remaining in the Revenue Holding Fund Account shall be credited to the General Revenue Fund Account of the State Apportionment Fund, there to be distributed with the other gross general revenue collections for that month in accordance with the provisions of § 19-5-201 et seq.

(i) (a) For each of the state's fiscal years, the Chief Fiscal Officer of the State shall determine as an annual allocation available under the provisions of this section an amount based on the total net revenues, as enumerated in subsections (a) and (b) of this section, which were collected in the immediate past year, multiplied by a factor of six hundred seventy-eight ten thousandths (.0678). (b) On the last day of each month of the respective fiscal year, the Chief Fiscal Officer of the State shall certify to the Treasurer of State an amount based on one-twelfth ( 1 / 12 ) of the annual allocation provided in this section for transfer as specified in subdivision (c)(2)(B)(ii) of this section.

(a) For each of the state's fiscal years, the Chief Fiscal Officer of the State shall determine as an annual allocation available under the provisions of this section an amount based on the total net revenues, as enumerated in subsections (a) and (b) of this section, which were collected in the immediate past year, multiplied by a factor of six hundred seventy-eight ten thousandths (.0678).

(b) On the last day of each month of the respective fiscal year, the Chief Fiscal Officer of the State shall certify to the Treasurer of State an amount based on one-twelfth ( 1 / 12 ) of the annual allocation provided in this section for transfer as specified in subdivision (c)(2)(B)(ii) of this section.

(ii) The Treasurer of State shall then transfer the amount so certified to the Special Revenue Fund Account as part of the gross special revenues.

(iii) After the deductions as set out in § 19-5-203 have been made, the remaining amount shall be credited to the Work Force 2000 Development Fund.

(iv) The remaining corporate income tax collections remaining in the Revenue Holding Fund Account shall be credited to the General Revenue Fund Account of the State Apportionment Fund, there to be distributed with the other gross general revenue collections for that month in accordance with the provisions of § 19-5-201 et seq.

(d) (1) All proceeds derived from the additional tax levied by this section shall be used exclusively for the authorized educational activities of: (A) Any postsecondary vocational-technical school, technical institute, comprehensive lifelong learning center, technical college, community college; or (B) Any postsecondary vocational-technical school, technical institute, comprehensive lifelong learning center, or technical college that merges with a two-year branch of a four-year institution, a four-year institution, a technical college, or a community college. (2) (A) The distribution of the proceeds shall be supervised by the Career Education and Workforce Development Board for the postsecondary vocational-technical schools, technical institutes, and comprehensive lifelong learning centers. (B) The distribution of the proceeds for technical colleges, community colleges, or any postsecondary vocational-technical school, technical institute, comprehensive lifelong learning center, or technical college that merges with a two-year branch of a four-year institution, a four-year institution, a technical college, or a community college shall continue at the same proportion as those distributions made in fiscal year 1996-1997, excluding one-time capital disbursements and professional development disbursements made in fiscal year 1996-1997 equal to the amount of funds distributed in fiscal year 1998-1999. (C) Any increase in the amount of funds in the Work Force 2000 Development Fund above the amount distributed in fiscal year 1998-1999 shall be supervised by the Arkansas Higher Education Coordinating Board and shall be distributed after a review of needs including, but not limited to, equity considerations and workforce development and after consultation with the presidents and chancellors of the technical and former technical colleges.

(1) All proceeds derived from the additional tax levied by this section shall be used exclusively for the authorized educational activities of: (A) Any postsecondary vocational-technical school, technical institute, comprehensive lifelong learning center, technical college, community college; or (B) Any postsecondary vocational-technical school, technical institute, comprehensive lifelong learning center, or technical college that merges with a two-year branch of a four-year institution, a four-year institution, a technical college, or a community college.

(A) Any postsecondary vocational-technical school, technical institute, comprehensive lifelong learning center, technical college, community college; or

(B) Any postsecondary vocational-technical school, technical institute, comprehensive lifelong learning center, or technical college that merges with a two-year branch of a four-year institution, a four-year institution, a technical college, or a community college.

(2) (A) The distribution of the proceeds shall be supervised by the Career Education and Workforce Development Board for the postsecondary vocational-technical schools, technical institutes, and comprehensive lifelong learning centers. (B) The distribution of the proceeds for technical colleges, community colleges, or any postsecondary vocational-technical school, technical institute, comprehensive lifelong learning center, or technical college that merges with a two-year branch of a four-year institution, a four-year institution, a technical college, or a community college shall continue at the same proportion as those distributions made in fiscal year 1996-1997, excluding one-time capital disbursements and professional development disbursements made in fiscal year 1996-1997 equal to the amount of funds distributed in fiscal year 1998-1999. (C) Any increase in the amount of funds in the Work Force 2000 Development Fund above the amount distributed in fiscal year 1998-1999 shall be supervised by the Arkansas Higher Education Coordinating Board and shall be distributed after a review of needs including, but not limited to, equity considerations and workforce development and after consultation with the presidents and chancellors of the technical and former technical colleges.

(A) The distribution of the proceeds shall be supervised by the Career Education and Workforce Development Board for the postsecondary vocational-technical schools, technical institutes, and comprehensive lifelong learning centers.

(B) The distribution of the proceeds for technical colleges, community colleges, or any postsecondary vocational-technical school, technical institute, comprehensive lifelong learning center, or technical college that merges with a two-year branch of a four-year institution, a four-year institution, a technical college, or a community college shall continue at the same proportion as those distributions made in fiscal year 1996-1997, excluding one-time capital disbursements and professional development disbursements made in fiscal year 1996-1997 equal to the amount of funds distributed in fiscal year 1998-1999.

(C) Any increase in the amount of funds in the Work Force 2000 Development Fund above the amount distributed in fiscal year 1998-1999 shall be supervised by the Arkansas Higher Education Coordinating Board and shall be distributed after a review of needs including, but not limited to, equity considerations and workforce development and after consultation with the presidents and chancellors of the technical and former technical colleges.

(e) (1) (A) After the amounts to be made available to the various technical institutes or comprehensive lifelong learning centers have been determined under subdivisions (d)(2)(A) and (d)(2)(B) of this section, such documents as may be necessary shall be processed so that funds may be transferred from the Work Force 2000 Development Fund to the State Treasury fund or fund account from which the technical institute or comprehensive lifelong learning center draws its general revenue support. (B) The amount of the funds transferred under subdivision (e)(1)(A) of this section shall not exceed six and three hundred nine thousandths percent (6.309%) of the total funds available from the Work Force 2000 Development Fund during each fiscal year. (2) If a technical college, community college, or educational institution that receives support from the Work Force 2000 Development Fund as determined by law transfers from the Arkansas Technical College and Community College system for which Work Force 2000 Development Fund moneys are determined by law, then the actual amount of support from the Work Force 2000 Development Fund in the preceding fiscal year for the transferring educational institution shall be made available regardless of any other provision of law that sets out maximum levels of support from such fund. (3) (A) The funds distributed under subdivision (d)(2)(C) of this section in excess of those amounts collected and distributed before June 30, 2014, shall be deposited into the Skills Development Fund to be used only for personal services, grants, operation, support, and improvement of occupational, vocational, technical, and workforce development programs by the Office of Skills Development of the Department of Commerce. (B) The distributions of funds under subdivision (d)(2)(C) of this section in excess of those amounts collected and distributed before June 30, 2014, shall not apply to proceeds allocated to schools, colleges, and educational institutions under subdivisions (d)(2)(A) and (d)(2)(B) of this section.

(1) (A) After the amounts to be made available to the various technical institutes or comprehensive lifelong learning centers have been determined under subdivisions (d)(2)(A) and (d)(2)(B) of this section, such documents as may be necessary shall be processed so that funds may be transferred from the Work Force 2000 Development Fund to the State Treasury fund or fund account from which the technical institute or comprehensive lifelong learning center draws its general revenue support. (B) The amount of the funds transferred under subdivision (e)(1)(A) of this section shall not exceed six and three hundred nine thousandths percent (6.309%) of the total funds available from the Work Force 2000 Development Fund during each fiscal year.

(A) After the amounts to be made available to the various technical institutes or comprehensive lifelong learning centers have been determined under subdivisions (d)(2)(A) and (d)(2)(B) of this section, such documents as may be necessary shall be processed so that funds may be transferred from the Work Force 2000 Development Fund to the State Treasury fund or fund account from which the technical institute or comprehensive lifelong learning center draws its general revenue support.

(B) The amount of the funds transferred under subdivision (e)(1)(A) of this section shall not exceed six and three hundred nine thousandths percent (6.309%) of the total funds available from the Work Force 2000 Development Fund during each fiscal year.

(2) If a technical college, community college, or educational institution that receives support from the Work Force 2000 Development Fund as determined by law transfers from the Arkansas Technical College and Community College system for which Work Force 2000 Development Fund moneys are determined by law, then the actual amount of support from the Work Force 2000 Development Fund in the preceding fiscal year for the transferring educational institution shall be made available regardless of any other provision of law that sets out maximum levels of support from such fund.

(3) (A) The funds distributed under subdivision (d)(2)(C) of this section in excess of those amounts collected and distributed before June 30, 2014, shall be deposited into the Skills Development Fund to be used only for personal services, grants, operation, support, and improvement of occupational, vocational, technical, and workforce development programs by the Office of Skills Development of the Department of Commerce. (B) The distributions of funds under subdivision (d)(2)(C) of this section in excess of those amounts collected and distributed before June 30, 2014, shall not apply to proceeds allocated to schools, colleges, and educational institutions under subdivisions (d)(2)(A) and (d)(2)(B) of this section.

(A) The funds distributed under subdivision (d)(2)(C) of this section in excess of those amounts collected and distributed before June 30, 2014, shall be deposited into the Skills Development Fund to be used only for personal services, grants, operation, support, and improvement of occupational, vocational, technical, and workforce development programs by the Office of Skills Development of the Department of Commerce.

(B) The distributions of funds under subdivision (d)(2)(C) of this section in excess of those amounts collected and distributed before June 30, 2014, shall not apply to proceeds allocated to schools, colleges, and educational institutions under subdivisions (d)(2)(A) and (d)(2)(B) of this section.

Amended by Act 2024EX2, No. 4,§ 3, eff. 6/19/2024.

Amended by Act 2024EX2, No. 4,§ 2, eff. 6/19/2024.

Amended by Act 2024EX2, No. 1,§ 3, eff. 6/19/2024.

Amended by Act 2024EX2, No. 1,§ 2, eff. 6/19/2024.

Amended by Act 2023EX1, No. 6,§ 3, eff. 9/14/2023.

Amended by Act 2023EX1, No. 6,§ 2, eff. 9/14/2023.

Amended by Act 2023, No. 532,§ 4, eff. 8/1/2023.

Amended by Act 2023, No. 532,§ 3, eff. 8/1/2023.

Amended by Act 2023, No. 796,§ 71, eff. 7/1/2023.

Amended by Act 2022EX3, No. 2,§ 3, eff. effective for tax years beginning on or after January 1, 2023.

Amended by Act 2022EX3, No. 1,§ 3, eff. effective for tax years beginning on or after January 1, 2023.

Amended by Act 2022EX3, No. 2,§ 2, eff. effective for tax years beginning on or after January 1, 2023.

Amended by Act 2022EX3, No. 1,§ 2, eff. effective for tax years beginning on or after January 1, 2023.

Amended by Act 2021EX2, No. 2,§ 7, eff. for tax years beginning on or after January 1, 2022.

Amended by Act 2021EX2, No. 2,§ 6, eff. for tax years beginning on or after January 1, 2022.

Amended by Act 2021EX2, No. 1,§ 7, eff. for tax years beginning on or after January 1, 2022.

Amended by Act 2021EX2, No. 1,§ 6, eff. for tax years beginning on or after January 1, 2022.

Amended by Act 2019, No. 822,§ 4, eff. 1/1/2021.

Acts 1941, No. 129, § 2; 1969, No. 392, §§ 1, 2; A.S.A. 1947, § 84-2004; Acts 1991, No. 1052, §§ 1-4; 1997, No. 171, § 2; 1999, No. 1315, §§ 2, 3.
Ark. Code Ann. § 26-26-1609 — AR Code / Title 26 / Chapter 26 / Subchapter 16 / Section 26-26-1609
Hearing prior to assessment
Status: in_force

At any time after the meeting of the Tax Division of the Arkansas Public Service Commission on the first Monday in March and before the assessment of the property of any company is determined, any company or person interested shall have the right, on written application, to appear before the division and be heard in the matter of the valuation of the property of any company for taxation. Acts 1927, No. 129, § 21; Pope's Dig., § 2047; A.S.A. 1947, § 84-609.

At any time after the meeting of the Tax Division of the Arkansas Public Service Commission on the first Monday in March and before the assessment of the property of any company is determined, any company or person interested shall have the right, on written application, to appear before the division and be heard in the matter of the valuation of the property of any company for taxation.

Acts 1927, No. 129, § 21; Pope's Dig., § 2047; A.S.A. 1947, § 84-609.
Ark. Code Ann. § 26-57-1212 — AR Code / Title 26 / Chapter 57 / Subchapter 12 / Section 26-57-1212
Procedure upon forfeiture
Status: in_force

(a) Upon the seizure of a vending device, the vending device shall be delivered, together with the cash, if any, contained in the receptacle of the vending device, to the Secretary of the Department of Finance and Administration. (b) The owner of a seized vending device may seek administrative relief from the seizure under the Arkansas Tax Procedure Act, § 26-18-101 et seq., or under the Independent Tax Appeals Commission Act, § 26-18-1101 et seq., by filing a written protest of the seizure and proposed forfeiture with the secretary under § 26-18-404 or by filing a petition with the Tax Appeals Commission under the Independent Tax Appeals Commission Act, § 26-18-1101 et seq., as applicable, within ten (10) business days of the date of the seizure. (c) (1) The owner of the vending device shall be given at least five (5) business days' written notice of the date of the hearing on the seizure and proposed forfeiture of the vending device. (2) An administrative decision on the seizure and proposed forfeiture of the vending device shall be issued within five (5) business days after the date of the administrative hearing. (d) (1) The owner of a seized vending device may seek relief from an adverse decision of the secretary or the commission by filing suit in the Pulaski County Circuit Court or in the circuit court of the owner's residence or principal place of business, where the matter shall be tried de novo. (2) The secretary may seek relief under § 26-18-1117 from an adverse decision of the commission by filing suit in the Pulaski County Circuit Court or in the circuit court of the county in which the owner of a seized vending device resides or has its principal place of business in the state, where the matter shall be tried de novo. (3) An action for relief under this subsection shall be filed within thirty (30) days of the date of service of the decision of the secretary or the commission. (4) An appeal may be had from the judgment of the circuit court as in other cases as provided by law. Amended by Act 2021, No. 593,§ 38, eff. 1/1/2023. Amended by Act 2019, No. 910,§ 4219, eff. 7/1/2019. Acts 1997, No. 928, § 12.

(a) Upon the seizure of a vending device, the vending device shall be delivered, together with the cash, if any, contained in the receptacle of the vending device, to the Secretary of the Department of Finance and Administration.

(b) The owner of a seized vending device may seek administrative relief from the seizure under the Arkansas Tax Procedure Act, § 26-18-101 et seq., or under the Independent Tax Appeals Commission Act, § 26-18-1101 et seq., by filing a written protest of the seizure and proposed forfeiture with the secretary under § 26-18-404 or by filing a petition with the Tax Appeals Commission under the Independent Tax Appeals Commission Act, § 26-18-1101 et seq., as applicable, within ten (10) business days of the date of the seizure.

(c) (1) The owner of the vending device shall be given at least five (5) business days' written notice of the date of the hearing on the seizure and proposed forfeiture of the vending device. (2) An administrative decision on the seizure and proposed forfeiture of the vending device shall be issued within five (5) business days after the date of the administrative hearing.

(1) The owner of the vending device shall be given at least five (5) business days' written notice of the date of the hearing on the seizure and proposed forfeiture of the vending device.

(2) An administrative decision on the seizure and proposed forfeiture of the vending device shall be issued within five (5) business days after the date of the administrative hearing.

(d) (1) The owner of a seized vending device may seek relief from an adverse decision of the secretary or the commission by filing suit in the Pulaski County Circuit Court or in the circuit court of the owner's residence or principal place of business, where the matter shall be tried de novo. (2) The secretary may seek relief under § 26-18-1117 from an adverse decision of the commission by filing suit in the Pulaski County Circuit Court or in the circuit court of the county in which the owner of a seized vending device resides or has its principal place of business in the state, where the matter shall be tried de novo. (3) An action for relief under this subsection shall be filed within thirty (30) days of the date of service of the decision of the secretary or the commission. (4) An appeal may be had from the judgment of the circuit court as in other cases as provided by law.

(1) The owner of a seized vending device may seek relief from an adverse decision of the secretary or the commission by filing suit in the Pulaski County Circuit Court or in the circuit court of the owner's residence or principal place of business, where the matter shall be tried de novo.

(2) The secretary may seek relief under § 26-18-1117 from an adverse decision of the commission by filing suit in the Pulaski County Circuit Court or in the circuit court of the county in which the owner of a seized vending device resides or has its principal place of business in the state, where the matter shall be tried de novo.

(3) An action for relief under this subsection shall be filed within thirty (30) days of the date of service of the decision of the secretary or the commission.

(4) An appeal may be had from the judgment of the circuit court as in other cases as provided by law.

Amended by Act 2021, No. 593,§ 38, eff. 1/1/2023.

Amended by Act 2019, No. 910,§ 4219, eff. 7/1/2019.

Acts 1997, No. 928, § 12.
Ark. Code Ann. § 26-35-802 — AR Code / Title 26 / Chapter 35 / Subchapter 8 / Section 26-35-802
Payment pending assessment appeal
Status: in_force

(a) Real or personal property shall not be returned as delinquent for nonpayment of taxes, nor shall any penalty or interest be added to taxes in excess of the amount required to be paid before the delinquency date under this section, while there is pending in the circuit court, Court of Appeals, or the Supreme Court an appeal from an order of the county court fixing the assessed value of property. (b) If there has been no final disposition of an appeal before the last day fixed by law for the payment of the taxes without penalty, the taxpayer shall have thirty (30) days after final disposition of the appeal within which to pay any taxes in excess of the amount required to be paid before the delinquency date under this section without penalty or interest. (c) A property owner appealing a personal property tax assessment to the circuit court shall pay: (1) To the county collector as otherwise provided by law the amount the taxpayer claims is owed under the personal property tax assessment; and (2) Into the registry of the circuit court an amount equal to the difference between the personal property tax assessment and the amount the taxpayer claims is owed under the personal property tax assessment. (d) A property owner appealing a real property tax assessment to the circuit court shall pay to the county collector the least of: (1) The amount of taxes due on the portion of the taxable value of the real property that is not in dispute, subject to this section; (2) The amount of taxes due on the real property under the court order from which the appeal is taken; or (3) The amount of taxes due on the real property based on the previous year's assessment. (e) (1) In the case of a property owner who elects to pay the amount of taxes under subdivision (d)(1) of this section, the property owner shall include in the complaint filed in the circuit court, or declare by subsequent affidavit filed with the circuit court, not less than sixty (60) days before the last day fixed by law for the payment of taxes without penalty, the taxes due on the portion of the taxable value of the property that is not in dispute or the lawful basis for any claim of exemption. (2) On the motion of a party, the circuit court with jurisdiction over the appeal shall hold a hearing to review and determine compliance with this section, including verification of the amount of taxes the taxpayer claims is owed under subdivision (d)(1) of this section. (3) Upon conclusion of the hearing, the circuit court shall order the property owner to pay to the county collector the amount that the circuit court determines is the proper undisputed amount under subdivision (d)(1) of this section. (4) (A) If the circuit court determines that the property owner has not substantially complied with this section, the circuit court shall dismiss the pending action. (B) If the circuit court determines that the property owner has substantially but not fully complied with this section, the circuit court shall dismiss the pending action unless the property owner fully complies with the circuit court's determination within thirty (30) days of the determination. (f) (1) A property owner may include a request in the complaint on appeal to the circuit court, or file a motion with the circuit court, to waive payment of taxes due during the pendency of appeal if the payment would constitute an unreasonable restraint on the party's right of access to the courts. (2) The request or motion to waive payment shall include a sworn affidavit of inability to pay the taxes at issue. (3) Upon the filing of a request or motion, the circuit court shall hold a hearing to review the property owner's request and may set terms and conditions on any grant of relief as may be reasonably required by the circumstances. (4) A property owner may be excused from the payment requirements under this section if upon hearing the circuit court finds that the payment would constitute an unreasonable restraint on the property owner's right of access to the courts. (g) Except as provided under subsection (f) of this section, a property owner who appeals a property tax assessment to the circuit court shall pay taxes on the property subject to the appeal in the amount required by this section before the last day fixed by law for the payment of taxes without penalty, or the property owner forfeits the right to proceed to a final determination of appeal. (h) (1) A property owner who pays to the county collector an amount of taxes greater than the amount required by this section does not forfeit the property owner's right to a final determination of the appeal by making the payment. (2) The property owner may pay an additional amount of taxes at any time. (3) If the property owner files a proper and timely appeal to the circuit court, taxes paid on the property are considered under protest, whether paid before or after the appeal is filed. (i) (1) The pendency of an appeal of a property tax assessment does not affect the delinquency date for the taxes on the property subject to appeal. (2) However, the delinquency date applies only to the amount of taxes required to be paid under this section. (j) (1) In an appeal of an order of the county court to a circuit court as to the sole claim or issue of whether property is exempt under Arkansas Constitution, Article 16, § 5, the property owner shall not be required to pay any portion of the taxes assessed on the real property at issue in the appeal and shall not be found delinquent for nonpayment of real property taxes during the pendency of the appeal to the circuit court, the Court of Appeals, or the Supreme Court. (2) (A) Within sixty (60) days before the delinquency date, a party may file a motion, based upon a good faith belief that the personal property at issue in the appeal will be removed from the jurisdiction of the county during the pendency of the appeal, requesting that the court order the property owner to file with the circuit court an irrevocable letter of credit or surety bond in the amount of the personal property taxes due. (B) If a party elects not to file a motion, the property owner shall not be required to pay any portion of the taxes assessed on the personal property at issue in the appeal and shall not be found delinquent for nonpayment of personal property taxes during the pendency of the appeal to the circuit court, the Court of Appeals, or the Supreme Court. (3) The property owner may elect to pay any real or personal property taxes due before the date of delinquency under subsection (c) or subsection (d) of this section, and such payment shall not affect the taxpayer's ability to appeal the exempt status of the property to the court of proper jurisdiction. (4) After final disposition of an appeal: (A) The property owner shall be required to pay the amount of taxes the court determines is owed, if any, within thirty (30) days of final disposition; and (B) Any award of a refund shall be made by the county upon the order of a court of proper jurisdiction. Amended by Act 2019, No. 657,§ 1, eff. 7/24/2019. Amended by Act 2015, No. 1057,§ 1, eff. 7/22/2015. Acts 1959, No. 258, § 2; A.S.A. 1947, § 84-913.1.

(a) Real or personal property shall not be returned as delinquent for nonpayment of taxes, nor shall any penalty or interest be added to taxes in excess of the amount required to be paid before the delinquency date under this section, while there is pending in the circuit court, Court of Appeals, or the Supreme Court an appeal from an order of the county court fixing the assessed value of property.

(b) If there has been no final disposition of an appeal before the last day fixed by law for the payment of the taxes without penalty, the taxpayer shall have thirty (30) days after final disposition of the appeal within which to pay any taxes in excess of the amount required to be paid before the delinquency date under this section without penalty or interest.

(c) A property owner appealing a personal property tax assessment to the circuit court shall pay: (1) To the county collector as otherwise provided by law the amount the taxpayer claims is owed under the personal property tax assessment; and (2) Into the registry of the circuit court an amount equal to the difference between the personal property tax assessment and the amount the taxpayer claims is owed under the personal property tax assessment.

(1) To the county collector as otherwise provided by law the amount the taxpayer claims is owed under the personal property tax assessment; and

(2) Into the registry of the circuit court an amount equal to the difference between the personal property tax assessment and the amount the taxpayer claims is owed under the personal property tax assessment.

(d) A property owner appealing a real property tax assessment to the circuit court shall pay to the county collector the least of: (1) The amount of taxes due on the portion of the taxable value of the real property that is not in dispute, subject to this section; (2) The amount of taxes due on the real property under the court order from which the appeal is taken; or (3) The amount of taxes due on the real property based on the previous year's assessment.

(1) The amount of taxes due on the portion of the taxable value of the real property that is not in dispute, subject to this section;

(2) The amount of taxes due on the real property under the court order from which the appeal is taken; or

(3) The amount of taxes due on the real property based on the previous year's assessment.

(e) (1) In the case of a property owner who elects to pay the amount of taxes under subdivision (d)(1) of this section, the property owner shall include in the complaint filed in the circuit court, or declare by subsequent affidavit filed with the circuit court, not less than sixty (60) days before the last day fixed by law for the payment of taxes without penalty, the taxes due on the portion of the taxable value of the property that is not in dispute or the lawful basis for any claim of exemption. (2) On the motion of a party, the circuit court with jurisdiction over the appeal shall hold a hearing to review and determine compliance with this section, including verification of the amount of taxes the taxpayer claims is owed under subdivision (d)(1) of this section. (3) Upon conclusion of the hearing, the circuit court shall order the property owner to pay to the county collector the amount that the circuit court determines is the proper undisputed amount under subdivision (d)(1) of this section. (4) (A) If the circuit court determines that the property owner has not substantially complied with this section, the circuit court shall dismiss the pending action. (B) If the circuit court determines that the property owner has substantially but not fully complied with this section, the circuit court shall dismiss the pending action unless the property owner fully complies with the circuit court's determination within thirty (30) days of the determination.

(1) In the case of a property owner who elects to pay the amount of taxes under subdivision (d)(1) of this section, the property owner shall include in the complaint filed in the circuit court, or declare by subsequent affidavit filed with the circuit court, not less than sixty (60) days before the last day fixed by law for the payment of taxes without penalty, the taxes due on the portion of the taxable value of the property that is not in dispute or the lawful basis for any claim of exemption.

(2) On the motion of a party, the circuit court with jurisdiction over the appeal shall hold a hearing to review and determine compliance with this section, including verification of the amount of taxes the taxpayer claims is owed under subdivision (d)(1) of this section.

(3) Upon conclusion of the hearing, the circuit court shall order the property owner to pay to the county collector the amount that the circuit court determines is the proper undisputed amount under subdivision (d)(1) of this section.

(4) (A) If the circuit court determines that the property owner has not substantially complied with this section, the circuit court shall dismiss the pending action. (B) If the circuit court determines that the property owner has substantially but not fully complied with this section, the circuit court shall dismiss the pending action unless the property owner fully complies with the circuit court's determination within thirty (30) days of the determination.

(A) If the circuit court determines that the property owner has not substantially complied with this section, the circuit court shall dismiss the pending action.

(B) If the circuit court determines that the property owner has substantially but not fully complied with this section, the circuit court shall dismiss the pending action unless the property owner fully complies with the circuit court's determination within thirty (30) days of the determination.

(f) (1) A property owner may include a request in the complaint on appeal to the circuit court, or file a motion with the circuit court, to waive payment of taxes due during the pendency of appeal if the payment would constitute an unreasonable restraint on the party's right of access to the courts. (2) The request or motion to waive payment shall include a sworn affidavit of inability to pay the taxes at issue. (3) Upon the filing of a request or motion, the circuit court shall hold a hearing to review the property owner's request and may set terms and conditions on any grant of relief as may be reasonably required by the circumstances. (4) A property owner may be excused from the payment requirements under this section if upon hearing the circuit court finds that the payment would constitute an unreasonable restraint on the property owner's right of access to the courts.

(1) A property owner may include a request in the complaint on appeal to the circuit court, or file a motion with the circuit court, to waive payment of taxes due during the pendency of appeal if the payment would constitute an unreasonable restraint on the party's right of access to the courts.

(2) The request or motion to waive payment shall include a sworn affidavit of inability to pay the taxes at issue.

(3) Upon the filing of a request or motion, the circuit court shall hold a hearing to review the property owner's request and may set terms and conditions on any grant of relief as may be reasonably required by the circumstances.

(4) A property owner may be excused from the payment requirements under this section if upon hearing the circuit court finds that the payment would constitute an unreasonable restraint on the property owner's right of access to the courts.

(g) Except as provided under subsection (f) of this section, a property owner who appeals a property tax assessment to the circuit court shall pay taxes on the property subject to the appeal in the amount required by this section before the last day fixed by law for the payment of taxes without penalty, or the property owner forfeits the right to proceed to a final determination of appeal.

(h) (1) A property owner who pays to the county collector an amount of taxes greater than the amount required by this section does not forfeit the property owner's right to a final determination of the appeal by making the payment. (2) The property owner may pay an additional amount of taxes at any time. (3) If the property owner files a proper and timely appeal to the circuit court, taxes paid on the property are considered under protest, whether paid before or after the appeal is filed.

(1) A property owner who pays to the county collector an amount of taxes greater than the amount required by this section does not forfeit the property owner's right to a final determination of the appeal by making the payment.

(2) The property owner may pay an additional amount of taxes at any time.

(3) If the property owner files a proper and timely appeal to the circuit court, taxes paid on the property are considered under protest, whether paid before or after the appeal is filed.

(i) (1) The pendency of an appeal of a property tax assessment does not affect the delinquency date for the taxes on the property subject to appeal. (2) However, the delinquency date applies only to the amount of taxes required to be paid under this section.

(1) The pendency of an appeal of a property tax assessment does not affect the delinquency date for the taxes on the property subject to appeal.

(2) However, the delinquency date applies only to the amount of taxes required to be paid under this section.

(j) (1) In an appeal of an order of the county court to a circuit court as to the sole claim or issue of whether property is exempt under Arkansas Constitution, Article 16, § 5, the property owner shall not be required to pay any portion of the taxes assessed on the real property at issue in the appeal and shall not be found delinquent for nonpayment of real property taxes during the pendency of the appeal to the circuit court, the Court of Appeals, or the Supreme Court. (2) (A) Within sixty (60) days before the delinquency date, a party may file a motion, based upon a good faith belief that the personal property at issue in the appeal will be removed from the jurisdiction of the county during the pendency of the appeal, requesting that the court order the property owner to file with the circuit court an irrevocable letter of credit or surety bond in the amount of the personal property taxes due. (B) If a party elects not to file a motion, the property owner shall not be required to pay any portion of the taxes assessed on the personal property at issue in the appeal and shall not be found delinquent for nonpayment of personal property taxes during the pendency of the appeal to the circuit court, the Court of Appeals, or the Supreme Court. (3) The property owner may elect to pay any real or personal property taxes due before the date of delinquency under subsection (c) or subsection (d) of this section, and such payment shall not affect the taxpayer's ability to appeal the exempt status of the property to the court of proper jurisdiction. (4) After final disposition of an appeal: (A) The property owner shall be required to pay the amount of taxes the court determines is owed, if any, within thirty (30) days of final disposition; and (B) Any award of a refund shall be made by the county upon the order of a court of proper jurisdiction.

(1) In an appeal of an order of the county court to a circuit court as to the sole claim or issue of whether property is exempt under Arkansas Constitution, Article 16, § 5, the property owner shall not be required to pay any portion of the taxes assessed on the real property at issue in the appeal and shall not be found delinquent for nonpayment of real property taxes during the pendency of the appeal to the circuit court, the Court of Appeals, or the Supreme Court.

(2) (A) Within sixty (60) days before the delinquency date, a party may file a motion, based upon a good faith belief that the personal property at issue in the appeal will be removed from the jurisdiction of the county during the pendency of the appeal, requesting that the court order the property owner to file with the circuit court an irrevocable letter of credit or surety bond in the amount of the personal property taxes due. (B) If a party elects not to file a motion, the property owner shall not be required to pay any portion of the taxes assessed on the personal property at issue in the appeal and shall not be found delinquent for nonpayment of personal property taxes during the pendency of the appeal to the circuit court, the Court of Appeals, or the Supreme Court.

(A) Within sixty (60) days before the delinquency date, a party may file a motion, based upon a good faith belief that the personal property at issue in the appeal will be removed from the jurisdiction of the county during the pendency of the appeal, requesting that the court order the property owner to file with the circuit court an irrevocable letter of credit or surety bond in the amount of the personal property taxes due.

(B) If a party elects not to file a motion, the property owner shall not be required to pay any portion of the taxes assessed on the personal property at issue in the appeal and shall not be found delinquent for nonpayment of personal property taxes during the pendency of the appeal to the circuit court, the Court of Appeals, or the Supreme Court.

(3) The property owner may elect to pay any real or personal property taxes due before the date of delinquency under subsection (c) or subsection (d) of this section, and such payment shall not affect the taxpayer's ability to appeal the exempt status of the property to the court of proper jurisdiction.

(4) After final disposition of an appeal: (A) The property owner shall be required to pay the amount of taxes the court determines is owed, if any, within thirty (30) days of final disposition; and (B) Any award of a refund shall be made by the county upon the order of a court of proper jurisdiction.

(A) The property owner shall be required to pay the amount of taxes the court determines is owed, if any, within thirty (30) days of final disposition; and

(B) Any award of a refund shall be made by the county upon the order of a court of proper jurisdiction.

Amended by Act 2019, No. 657,§ 1, eff. 7/24/2019.

Amended by Act 2015, No. 1057,§ 1, eff. 7/22/2015.

Acts 1959, No. 258, § 2; A.S.A. 1947, § 84-913.1.