Ark. Code Ann. § 26-75-304 — AR Code / Title 26 / Chapter 75 / Subchapter 3 / Section 26-75-304
Issuance of bonds
Status: in_force

(a) A city levying the tax permitted in this subchapter in addition to the authority existing under the laws of this state is authorized to acquire, construct, equip, reconstruct, extend, and improve capital improvements of a public nature, collectively referred to as a "project", within or near such city and is authorized to issue bonds to provide funds for accomplishing projects and to pledge all or any part of the revenues from the tax levied by such city pursuant to this subchapter to pay lease rentals or the principal of, interest on, and fees and expenses in connection with such bonds. (b) Bonds issued by a city pursuant to this subchapter shall be authorized by ordinance of the governing body. The bonds may: (1) Be coupon bonds payable to bearer or may be registered as to principal or as to principal and interest; (2) Be exchangeable for bonds of another denomination; (3) Be in such form and denominations; (4) Be made payable at such places within or without the state; (5) Be issued in one (1) or more series; (6) Bear such date or dates; (7) Mature at such time or times, not exceeding forty (40) years from their respective dates; (8) Bear interest at such rate or rates; (9) Be payable in such medium of payment; (10) Be subject to such terms of redemption; and (11) Contain such other terms, covenants, and conditions, as the ordinance authorizing their issuance may provide including, without limitation, those pertaining to: (A) The custody, investment, and application of the proceeds of the bonds; (B) The collection and disposition of revenues; (C) The maintenance of various funds and reserves; (D) The nature and extent of the security and pledging of revenues; (E) The rights, duties, and obligations of the city and the trustee for the holders and registered owners of the bonds; and (F) The rights of the holders and registered owners of the bonds. (c) There may be successive bond issues for the purpose of financing the same project, and there may be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping projects already in existence, whether or not originally financed by bonds issued under this subchapter, and with each successive issue to be authorized as provided by this subchapter. Priority between and among issues and successive issues as to security of the pledge of revenues and lien on the project facilities involved may be controlled by the ordinance authorizing the issuance of bonds under this subchapter. Subject to the provisions of this subchapter pertaining to registration, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas. A copy of the ordinance authorizing bonds under this subchapter, certified by the clerk or recorder of the city, shall be filed with the Secretary of the Department of Finance and Administration and with the Treasurer of State. (d) The bonds shall be executed by the mayor of the city and attested by the clerk or recorder of the city, by their manual or facsimile signatures. Coupons attached to the bonds shall be executed by the facsimile signature of the mayor. In case any of the officers whose signatures appear on the bonds or coupons cease to be such officers before delivery of the bonds or coupons, their signatures shall nevertheless be valid and sufficient for all purposes. The bonds shall be sealed with the seal of the city issuing the bonds. (e) The bonds shall not be general obligations of the city involved but shall be special obligations secured and payable as provided in this subchapter. In no event shall the bonds constitute an indebtedness of the city within the meaning of any constitutional or statutory limitation. The principal of, and interest on, all bonds issued under the authority of this subchapter shall be secured by a pledge of, and shall be payable from, all or any part of the revenues derived from the tax levied by the city pursuant to this subchapter or from all or any part of the revenues derived from the operation of the project involved, if and to the extent permitted by other laws of the State of Arkansas authorizing the issuance of revenue bonds secured by the revenues of such facilities. The ordinance authorizing the issuance of bonds together with this subchapter shall constitute a contract by and between the city and the holders and registered owners of the bonds issued by the city under the authority of this subchapter, which contract, and all covenants, agreements, and obligations therein shall be promptly performed in strict compliance with the terms and provisions of the contract, and the contract and all rights of the holders and registered owners of the bonds and the obligations of the city may be enforced by mandamus or by any other appropriate proceeding at law or in equity. It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter. (f) The ordinance authorizing the bonds may provide for the execution by the city with a bank or trust company, within or without the State of Arkansas, of a trust indenture. The trust indenture may control the priority between and among successive issues and series, and may contain any other terms, covenants, and conditions that are deemed desirable by the governing body including, without limitation, those pertaining to: (1) The custody, investment, and application of the proceeds of bonds; (2) The collection and disposition of revenues; (3) The maintenance of various funds and reserves; (4) The nature and extent of the security; (5) The rights, duties, and obligations of the city and the trustee for the holders and registered owners of the bonds; and (6) The rights of the holders and registered owners of the bonds. (g) Bonds issued under the authority of this subchapter may be sold at public or private sale. If sold at public sale, the bonds shall be sold on sealed bids, and notice of the sale shall be published one (1) time in a newspaper having a general circulation throughout the State of Arkansas, at least ten (10) days prior to the date of the sale. In either case, the bonds may be sold at such price as the city may accept, including sale at a discount. (h) Bonds issued under the authority of this subchapter are made securities in which insurance companies, trust companies, banks, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds including capital in their control or belonging to them. Such bonds are made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is authorized by law. Any municipality or county, or any board, commission, or other authority duly established by any such municipality or county, or the boards of trustees, respectively, of any retirement fund or retirement system created by or pursuant to authority conferred by the General Assembly in its discretion may invest any of its funds not immediately needed for its purposes in bonds issued under the authority of this subchapter, and bonds issued under the authority of this subchapter shall be eligible to secure the deposit of public funds. (i) The principal of and interest on bonds issued under the authority of this subchapter shall be exempt from all state, county, school district, community college district, and municipal taxes. This exemption shall include income, property, inheritance, and estate taxes. (j) Revenue bonds may be issued under this subchapter for the purpose of refunding any obligations issued under this subchapter or under the authority of any other law for the purpose of providing all or part of the funds for the construction, reconstruction, extension, equipment, acquisition, or improvement of any capital improvements of a public nature. These refunding bonds may be combined with bonds issued under the provisions of this section into a single issue. When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations. If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof. The ordinance under which the refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby. These refunding bonds shall be issued and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of these bonds. Amended by Act 2019, No. 910,§ 4436, eff. 7/1/2019. Acts 1975, No. 990, § 14, as added by Acts 1983, No. 722, § 5; A.S.A. 1947, § 19-4522.1.

(a) A city levying the tax permitted in this subchapter in addition to the authority existing under the laws of this state is authorized to acquire, construct, equip, reconstruct, extend, and improve capital improvements of a public nature, collectively referred to as a "project", within or near such city and is authorized to issue bonds to provide funds for accomplishing projects and to pledge all or any part of the revenues from the tax levied by such city pursuant to this subchapter to pay lease rentals or the principal of, interest on, and fees and expenses in connection with such bonds.

(b) Bonds issued by a city pursuant to this subchapter shall be authorized by ordinance of the governing body. The bonds may: (1) Be coupon bonds payable to bearer or may be registered as to principal or as to principal and interest; (2) Be exchangeable for bonds of another denomination; (3) Be in such form and denominations; (4) Be made payable at such places within or without the state; (5) Be issued in one (1) or more series; (6) Bear such date or dates; (7) Mature at such time or times, not exceeding forty (40) years from their respective dates; (8) Bear interest at such rate or rates; (9) Be payable in such medium of payment; (10) Be subject to such terms of redemption; and (11) Contain such other terms, covenants, and conditions, as the ordinance authorizing their issuance may provide including, without limitation, those pertaining to: (A) The custody, investment, and application of the proceeds of the bonds; (B) The collection and disposition of revenues; (C) The maintenance of various funds and reserves; (D) The nature and extent of the security and pledging of revenues; (E) The rights, duties, and obligations of the city and the trustee for the holders and registered owners of the bonds; and (F) The rights of the holders and registered owners of the bonds.

(1) Be coupon bonds payable to bearer or may be registered as to principal or as to principal and interest;

(2) Be exchangeable for bonds of another denomination;

(3) Be in such form and denominations;

(4) Be made payable at such places within or without the state;

(5) Be issued in one (1) or more series;

(6) Bear such date or dates;

(7) Mature at such time or times, not exceeding forty (40) years from their respective dates;

(8) Bear interest at such rate or rates;

(9) Be payable in such medium of payment;

(10) Be subject to such terms of redemption; and

(11) Contain such other terms, covenants, and conditions, as the ordinance authorizing their issuance may provide including, without limitation, those pertaining to: (A) The custody, investment, and application of the proceeds of the bonds; (B) The collection and disposition of revenues; (C) The maintenance of various funds and reserves; (D) The nature and extent of the security and pledging of revenues; (E) The rights, duties, and obligations of the city and the trustee for the holders and registered owners of the bonds; and (F) The rights of the holders and registered owners of the bonds.

(A) The custody, investment, and application of the proceeds of the bonds;

(B) The collection and disposition of revenues;

(C) The maintenance of various funds and reserves;

(D) The nature and extent of the security and pledging of revenues;

(E) The rights, duties, and obligations of the city and the trustee for the holders and registered owners of the bonds; and

(F) The rights of the holders and registered owners of the bonds.

(c) There may be successive bond issues for the purpose of financing the same project, and there may be successive bond issues for financing the cost of reconstructing, replacing, constructing additions to, extending, improving, and equipping projects already in existence, whether or not originally financed by bonds issued under this subchapter, and with each successive issue to be authorized as provided by this subchapter. Priority between and among issues and successive issues as to security of the pledge of revenues and lien on the project facilities involved may be controlled by the ordinance authorizing the issuance of bonds under this subchapter. Subject to the provisions of this subchapter pertaining to registration, the bonds shall have all the qualities of negotiable instruments under the laws of the State of Arkansas. A copy of the ordinance authorizing bonds under this subchapter, certified by the clerk or recorder of the city, shall be filed with the Secretary of the Department of Finance and Administration and with the Treasurer of State.

(d) The bonds shall be executed by the mayor of the city and attested by the clerk or recorder of the city, by their manual or facsimile signatures. Coupons attached to the bonds shall be executed by the facsimile signature of the mayor. In case any of the officers whose signatures appear on the bonds or coupons cease to be such officers before delivery of the bonds or coupons, their signatures shall nevertheless be valid and sufficient for all purposes. The bonds shall be sealed with the seal of the city issuing the bonds.

(e) The bonds shall not be general obligations of the city involved but shall be special obligations secured and payable as provided in this subchapter. In no event shall the bonds constitute an indebtedness of the city within the meaning of any constitutional or statutory limitation. The principal of, and interest on, all bonds issued under the authority of this subchapter shall be secured by a pledge of, and shall be payable from, all or any part of the revenues derived from the tax levied by the city pursuant to this subchapter or from all or any part of the revenues derived from the operation of the project involved, if and to the extent permitted by other laws of the State of Arkansas authorizing the issuance of revenue bonds secured by the revenues of such facilities. The ordinance authorizing the issuance of bonds together with this subchapter shall constitute a contract by and between the city and the holders and registered owners of the bonds issued by the city under the authority of this subchapter, which contract, and all covenants, agreements, and obligations therein shall be promptly performed in strict compliance with the terms and provisions of the contract, and the contract and all rights of the holders and registered owners of the bonds and the obligations of the city may be enforced by mandamus or by any other appropriate proceeding at law or in equity. It shall be plainly stated on the face of each bond that it has been issued under the provisions of this subchapter.

(f) The ordinance authorizing the bonds may provide for the execution by the city with a bank or trust company, within or without the State of Arkansas, of a trust indenture. The trust indenture may control the priority between and among successive issues and series, and may contain any other terms, covenants, and conditions that are deemed desirable by the governing body including, without limitation, those pertaining to: (1) The custody, investment, and application of the proceeds of bonds; (2) The collection and disposition of revenues; (3) The maintenance of various funds and reserves; (4) The nature and extent of the security; (5) The rights, duties, and obligations of the city and the trustee for the holders and registered owners of the bonds; and (6) The rights of the holders and registered owners of the bonds.

(1) The custody, investment, and application of the proceeds of bonds;

(2) The collection and disposition of revenues;

(3) The maintenance of various funds and reserves;

(4) The nature and extent of the security;

(5) The rights, duties, and obligations of the city and the trustee for the holders and registered owners of the bonds; and

(6) The rights of the holders and registered owners of the bonds.

(g) Bonds issued under the authority of this subchapter may be sold at public or private sale. If sold at public sale, the bonds shall be sold on sealed bids, and notice of the sale shall be published one (1) time in a newspaper having a general circulation throughout the State of Arkansas, at least ten (10) days prior to the date of the sale. In either case, the bonds may be sold at such price as the city may accept, including sale at a discount.

(h) Bonds issued under the authority of this subchapter are made securities in which insurance companies, trust companies, banks, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds including capital in their control or belonging to them. Such bonds are made securities which may properly and legally be deposited with and received by any state or municipal officer or any agency or political subdivision of the state for any purpose for which the deposit of bonds or obligations of the state is authorized by law. Any municipality or county, or any board, commission, or other authority duly established by any such municipality or county, or the boards of trustees, respectively, of any retirement fund or retirement system created by or pursuant to authority conferred by the General Assembly in its discretion may invest any of its funds not immediately needed for its purposes in bonds issued under the authority of this subchapter, and bonds issued under the authority of this subchapter shall be eligible to secure the deposit of public funds.

(i) The principal of and interest on bonds issued under the authority of this subchapter shall be exempt from all state, county, school district, community college district, and municipal taxes. This exemption shall include income, property, inheritance, and estate taxes.

(j) Revenue bonds may be issued under this subchapter for the purpose of refunding any obligations issued under this subchapter or under the authority of any other law for the purpose of providing all or part of the funds for the construction, reconstruction, extension, equipment, acquisition, or improvement of any capital improvements of a public nature. These refunding bonds may be combined with bonds issued under the provisions of this section into a single issue. When bonds are issued under this section for refunding purposes, the bonds may either be sold or delivered in exchange for the outstanding obligations. If sold, the proceeds may be either applied to the payment of the obligations refunded or deposited in escrow for the retirement thereof. The ordinance under which the refunding bonds are issued may provide that any of the refunding bonds shall have the same priority of lien on the revenues pledged for their payment as was enjoyed by the obligations refunded thereby. These refunding bonds shall be issued and secured in the manner provided for other bonds issued under this subchapter and shall have all the attributes of these bonds.

Amended by Act 2019, No. 910,§ 4436, eff. 7/1/2019.

Acts 1975, No. 990, § 14, as added by Acts 1983, No. 722, § 5; A.S.A. 1947, § 19-4522.1.
Ark. Code Ann. § 26-51-2403 — AR Code / Title 26 / Chapter 51 / Subchapter 24 / Section 26-51-2403
Definitions
Status: in_force

As used in this subchapter: (1) "Central business improvement district" means the central business district of any municipality of the first class or municipality of the second class of the state that has been designated as a central business improvement district under the Central Business Improvement District Act, § 14-184-101 et seq.; (2) "Development" means the new construction of a structure or the expansion or rehabilitation of an existing structure; (3) "Eligibility certificate" means a certificate: (A) Authorized and issued by the governing body of the central business improvement district certifying that a project is a qualified project, has met the requirements of this subchapter, and is an eligible central business improvement district property; and (B) That specifies the total amount of qualified rehabilitation or development expenditures allowed; (4) "Eligible central business improvement district property" means property that is located within the physical boundaries of a central business improvement district and is a qualified project; (5) "Governing body of the central business improvement district" means the board of commissioners of the central business improvement district; (6) "Governing body of the municipality" means the city council, board of directors, commission, or other municipal body exercising general legislative power in the municipality; (7) "Investment tax credit" means the Arkansas Central Business Improvement District Rehabilitation and Development investment tax credit under this subchapter; (8) "Qualified project" means eligible central business improvement district property that has met the requirements of § 26-51-2404(b) and has been approved for rehabilitation or development by the governing body of the central business improvement district where the eligible central business improvement district property is located; (9) (A) "Qualified rehabilitation or development expenditures" means expenditures approved by the governing body of the central business improvement district where the eligible central business improvement district property is located that meet the requirements of this subchapter. (B) "Qualified rehabilitation or development expenditures" does not include: (i) The cost of acquiring the eligible central business improvement district property or real estate licensee's fees associated with the eligible central business improvement district property; (ii) Taxes due on the eligible central business improvement district property; (iii) Insurance costs; (iv) Costs of landscaping; or (v) Sales and marketing costs; and (10) "Taxpayer" means an individual, a partnership, limited liability company, or corporation subject to the state income tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq. Acts 2011, No. 1166, § 1.

As used in this subchapter:

(1) "Central business improvement district" means the central business district of any municipality of the first class or municipality of the second class of the state that has been designated as a central business improvement district under the Central Business Improvement District Act, § 14-184-101 et seq.;

(2) "Development" means the new construction of a structure or the expansion or rehabilitation of an existing structure;

(3) "Eligibility certificate" means a certificate: (A) Authorized and issued by the governing body of the central business improvement district certifying that a project is a qualified project, has met the requirements of this subchapter, and is an eligible central business improvement district property; and (B) That specifies the total amount of qualified rehabilitation or development expenditures allowed;

(A) Authorized and issued by the governing body of the central business improvement district certifying that a project is a qualified project, has met the requirements of this subchapter, and is an eligible central business improvement district property; and

(B) That specifies the total amount of qualified rehabilitation or development expenditures allowed;

(4) "Eligible central business improvement district property" means property that is located within the physical boundaries of a central business improvement district and is a qualified project;

(5) "Governing body of the central business improvement district" means the board of commissioners of the central business improvement district;

(6) "Governing body of the municipality" means the city council, board of directors, commission, or other municipal body exercising general legislative power in the municipality;

(7) "Investment tax credit" means the Arkansas Central Business Improvement District Rehabilitation and Development investment tax credit under this subchapter;

(8) "Qualified project" means eligible central business improvement district property that has met the requirements of § 26-51-2404(b) and has been approved for rehabilitation or development by the governing body of the central business improvement district where the eligible central business improvement district property is located;

(9) (A) "Qualified rehabilitation or development expenditures" means expenditures approved by the governing body of the central business improvement district where the eligible central business improvement district property is located that meet the requirements of this subchapter. (B) "Qualified rehabilitation or development expenditures" does not include: (i) The cost of acquiring the eligible central business improvement district property or real estate licensee's fees associated with the eligible central business improvement district property; (ii) Taxes due on the eligible central business improvement district property; (iii) Insurance costs; (iv) Costs of landscaping; or (v) Sales and marketing costs; and

(A) "Qualified rehabilitation or development expenditures" means expenditures approved by the governing body of the central business improvement district where the eligible central business improvement district property is located that meet the requirements of this subchapter.

(B) "Qualified rehabilitation or development expenditures" does not include: (i) The cost of acquiring the eligible central business improvement district property or real estate licensee's fees associated with the eligible central business improvement district property; (ii) Taxes due on the eligible central business improvement district property; (iii) Insurance costs; (iv) Costs of landscaping; or (v) Sales and marketing costs; and

(i) The cost of acquiring the eligible central business improvement district property or real estate licensee's fees associated with the eligible central business improvement district property;

(ii) Taxes due on the eligible central business improvement district property;

(iii) Insurance costs;

(iv) Costs of landscaping; or

(v) Sales and marketing costs; and

(10) "Taxpayer" means an individual, a partnership, limited liability company, or corporation subject to the state income tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq.

Acts 2011, No. 1166, § 1.
Ark. Code Ann. § 26-53-146 — AR Code / Title 26 / Chapter 53 / Subchapter 1 / Section 26-53-146
Exemption for qualified museums - Definitions
Status: in_force

(a) As used in this section: (1) "Exemption certificate" means an exemption certificate issued by the Secretary of the Department of Finance and Administration under subdivision (d)(1) of this section; (2) "Nonprofit organization" means any organization described in 26 U.S.C. § 501(c)(3) , as in effect on January 1, 2005; (3) "Qualified museum" means any nonprofit organization that acquires a collection of artwork for purposes of establishing and operating a qualified museum facility, regardless of whether the nonprofit organization may engage in any other charitable activities if the: (A) Fair market value of the artwork collection of the nonprofit organization for public viewing and exhibition at the qualified museum facility exceeds one hundred million dollars ($100,000,000) prior to January 1, 2013; and (B) The secretary has issued an exemption certificate to the nonprofit organization; and (4) "Qualified museum facility" means a facility, including the structures, buildings, and any ancillary or related structures or buildings and real property associated with the facility, including auditoriums, parking areas, and educational facilities that house a collection of artwork or other exhibits for public viewing and exhibition if the: (A) Principal location and primary operations of the facility will be within the State of Arkansas; (B) Museum portion of the facility opens to the public after January 1, 2005, and prior to January 1, 2013; and (C) Aggregate total costs of the construction and acquisition of the facility exceed thirty million dollars ($30,000,000) prior to January 1, 2013. (b) (1) The storage, use, distribution, or consumption of tangible personal property, specified digital products, or a digital code by a qualified museum is exempt from this subchapter. (2) The exemption provided in subdivision (b)(1) of this section shall also apply to the storage, use, distribution, or consumption of materials by a qualified museum or its contractor or agent used in the construction, repair, expansion, or operation of the qualified museum facility. (c) A nonprofit organization requesting recognition as a qualified museum shall file with the secretary on forms prescribed by the secretary a written statement under oath: (1) (A) Describing the facts upon which the nonprofit organization claims the exemption under this section. (B) This statement shall be filed prior to first claiming the exemption under this section and shall include facts indicating that the nonprofit organization has a good faith plan and intent to satisfy the conditions under subdivision (c)(2) of this section; and (2) On or before June 30, 2013, stating that the following conditions have been met: (A) The nonprofit organization has established and operated prior to January 1, 2013, a facility that houses a collection of artwork or other exhibits for public viewing and exhibition; (B) The principal location and primary operations of the facility are within the State of Arkansas; (C) The museum portion of the facility first opened to the public after January 1, 2005, and prior to January 1, 2013; (D) The aggregate total costs of construction and acquisition of the facility, including the structures, buildings, ancillary or related structures or buildings, real property used in connection with the facility, auditoriums, parking areas, and educational facilities exceeded thirty million dollars ($30,000,000) prior to January 1, 2013; and (E) Prior to January 1, 2013, the nonprofit organization acquired a collection of artwork with a fair market value in excess of one hundred million dollars ($100,000,000) for public viewing and exhibition at the qualified museum facility. (d) (1) After filing the statement required under subdivision (c)(1) of this section, if the secretary finds that the nonprofit organization has a good faith plan and intent to satisfy the conditions of subdivision (c)(2) of this section prior to January 1, 2013, the secretary shall issue an exemption certificate to the nonprofit organization within sixty (60) days after the filing of the statement. (2) The secretary may revoke the exemption certificate at any time after it is issued if the secretary determines that the nonprofit organization is unable to satisfy the conditions under subdivision (c)(2) of this section prior to January 1, 2013. (3) After filing the statement required under subdivision (c)(2) of this section, if the secretary determines that the nonprofit organization has not met the conditions under subdivision (c)(2) of this section, the secretary shall revoke the exemption certificate of the nonprofit organization. (4) If the nonprofit organization fails to file the statement described in subdivision (c)(2) of this section on or prior to June 30, 2013, the secretary shall revoke the exemption certificate. (5) Revocation by the secretary of an exemption certificate shall be retroactive to the date of its issuance subject to subsection (e) of this section. (e) (1) If the secretary revokes the exemption certificate, any tax deficiency, related interest, and applicable penalties due under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., this subchapter, or the Arkansas Tax Procedure Act, § 26-18-101 et seq., may be assessed against the nonprofit organization but may not be assessed against a third party that has relied in good faith on the exemption certificate prior to its revocation. (2) If the secretary revokes the exemption certificate, any tax deficiency, related interest, and applicable penalties assessed against the nonprofit organization shall also include any tax deficiency, related interest, and applicable penalties assessed on purchases made by the nonprofit organization's contractors and agents for the benefit of the nonprofit organization in reliance on the exemption certificate. (3) (A) Any assessment by the secretary under subdivision (e)(1) or subdivision (e)(2) of this section shall be made in accordance with the Arkansas Tax Procedure Act, § 26-18-101 et seq. (B) However, the time period for the secretary to make the assessment is extended to whichever of the following occurs first: (i) Three (3) years from the date the nonprofit organization files the statement under subdivision (c)(2) of this section; or (ii) July 1, 2016. (4) The nonprofit organization may contest any assessment or other determination by the secretary in accordance with the Arkansas Tax Procedure Act, § 26-18-101 et seq. Amended by Act 2019, No. 910,§ 3926, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3925, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3924, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3923, eff. 7/1/2019. Amended by Act 2017, No. 141,§ 57, eff. for tax years beginning on and after 1/1/2018. Acts 2005, No. 1865, § 2.

(a) As used in this section: (1) "Exemption certificate" means an exemption certificate issued by the Secretary of the Department of Finance and Administration under subdivision (d)(1) of this section; (2) "Nonprofit organization" means any organization described in 26 U.S.C. § 501(c)(3) , as in effect on January 1, 2005; (3) "Qualified museum" means any nonprofit organization that acquires a collection of artwork for purposes of establishing and operating a qualified museum facility, regardless of whether the nonprofit organization may engage in any other charitable activities if the: (A) Fair market value of the artwork collection of the nonprofit organization for public viewing and exhibition at the qualified museum facility exceeds one hundred million dollars ($100,000,000) prior to January 1, 2013; and (B) The secretary has issued an exemption certificate to the nonprofit organization; and (4) "Qualified museum facility" means a facility, including the structures, buildings, and any ancillary or related structures or buildings and real property associated with the facility, including auditoriums, parking areas, and educational facilities that house a collection of artwork or other exhibits for public viewing and exhibition if the: (A) Principal location and primary operations of the facility will be within the State of Arkansas; (B) Museum portion of the facility opens to the public after January 1, 2005, and prior to January 1, 2013; and (C) Aggregate total costs of the construction and acquisition of the facility exceed thirty million dollars ($30,000,000) prior to January 1, 2013.

(1) "Exemption certificate" means an exemption certificate issued by the Secretary of the Department of Finance and Administration under subdivision (d)(1) of this section;

(2) "Nonprofit organization" means any organization described in 26 U.S.C. § 501(c)(3) , as in effect on January 1, 2005;

(3) "Qualified museum" means any nonprofit organization that acquires a collection of artwork for purposes of establishing and operating a qualified museum facility, regardless of whether the nonprofit organization may engage in any other charitable activities if the: (A) Fair market value of the artwork collection of the nonprofit organization for public viewing and exhibition at the qualified museum facility exceeds one hundred million dollars ($100,000,000) prior to January 1, 2013; and (B) The secretary has issued an exemption certificate to the nonprofit organization; and

(A) Fair market value of the artwork collection of the nonprofit organization for public viewing and exhibition at the qualified museum facility exceeds one hundred million dollars ($100,000,000) prior to January 1, 2013; and

(B) The secretary has issued an exemption certificate to the nonprofit organization; and

(4) "Qualified museum facility" means a facility, including the structures, buildings, and any ancillary or related structures or buildings and real property associated with the facility, including auditoriums, parking areas, and educational facilities that house a collection of artwork or other exhibits for public viewing and exhibition if the: (A) Principal location and primary operations of the facility will be within the State of Arkansas; (B) Museum portion of the facility opens to the public after January 1, 2005, and prior to January 1, 2013; and (C) Aggregate total costs of the construction and acquisition of the facility exceed thirty million dollars ($30,000,000) prior to January 1, 2013.

(A) Principal location and primary operations of the facility will be within the State of Arkansas;

(B) Museum portion of the facility opens to the public after January 1, 2005, and prior to January 1, 2013; and

(C) Aggregate total costs of the construction and acquisition of the facility exceed thirty million dollars ($30,000,000) prior to January 1, 2013.

(b) (1) The storage, use, distribution, or consumption of tangible personal property, specified digital products, or a digital code by a qualified museum is exempt from this subchapter. (2) The exemption provided in subdivision (b)(1) of this section shall also apply to the storage, use, distribution, or consumption of materials by a qualified museum or its contractor or agent used in the construction, repair, expansion, or operation of the qualified museum facility.

(1) The storage, use, distribution, or consumption of tangible personal property, specified digital products, or a digital code by a qualified museum is exempt from this subchapter.

(2) The exemption provided in subdivision (b)(1) of this section shall also apply to the storage, use, distribution, or consumption of materials by a qualified museum or its contractor or agent used in the construction, repair, expansion, or operation of the qualified museum facility.

(c) A nonprofit organization requesting recognition as a qualified museum shall file with the secretary on forms prescribed by the secretary a written statement under oath: (1) (A) Describing the facts upon which the nonprofit organization claims the exemption under this section. (B) This statement shall be filed prior to first claiming the exemption under this section and shall include facts indicating that the nonprofit organization has a good faith plan and intent to satisfy the conditions under subdivision (c)(2) of this section; and (2) On or before June 30, 2013, stating that the following conditions have been met: (A) The nonprofit organization has established and operated prior to January 1, 2013, a facility that houses a collection of artwork or other exhibits for public viewing and exhibition; (B) The principal location and primary operations of the facility are within the State of Arkansas; (C) The museum portion of the facility first opened to the public after January 1, 2005, and prior to January 1, 2013; (D) The aggregate total costs of construction and acquisition of the facility, including the structures, buildings, ancillary or related structures or buildings, real property used in connection with the facility, auditoriums, parking areas, and educational facilities exceeded thirty million dollars ($30,000,000) prior to January 1, 2013; and (E) Prior to January 1, 2013, the nonprofit organization acquired a collection of artwork with a fair market value in excess of one hundred million dollars ($100,000,000) for public viewing and exhibition at the qualified museum facility.

(1) (A) Describing the facts upon which the nonprofit organization claims the exemption under this section. (B) This statement shall be filed prior to first claiming the exemption under this section and shall include facts indicating that the nonprofit organization has a good faith plan and intent to satisfy the conditions under subdivision (c)(2) of this section; and

(A) Describing the facts upon which the nonprofit organization claims the exemption under this section.

(B) This statement shall be filed prior to first claiming the exemption under this section and shall include facts indicating that the nonprofit organization has a good faith plan and intent to satisfy the conditions under subdivision (c)(2) of this section; and

(2) On or before June 30, 2013, stating that the following conditions have been met: (A) The nonprofit organization has established and operated prior to January 1, 2013, a facility that houses a collection of artwork or other exhibits for public viewing and exhibition; (B) The principal location and primary operations of the facility are within the State of Arkansas; (C) The museum portion of the facility first opened to the public after January 1, 2005, and prior to January 1, 2013; (D) The aggregate total costs of construction and acquisition of the facility, including the structures, buildings, ancillary or related structures or buildings, real property used in connection with the facility, auditoriums, parking areas, and educational facilities exceeded thirty million dollars ($30,000,000) prior to January 1, 2013; and (E) Prior to January 1, 2013, the nonprofit organization acquired a collection of artwork with a fair market value in excess of one hundred million dollars ($100,000,000) for public viewing and exhibition at the qualified museum facility.

(A) The nonprofit organization has established and operated prior to January 1, 2013, a facility that houses a collection of artwork or other exhibits for public viewing and exhibition;

(B) The principal location and primary operations of the facility are within the State of Arkansas;

(C) The museum portion of the facility first opened to the public after January 1, 2005, and prior to January 1, 2013;

(D) The aggregate total costs of construction and acquisition of the facility, including the structures, buildings, ancillary or related structures or buildings, real property used in connection with the facility, auditoriums, parking areas, and educational facilities exceeded thirty million dollars ($30,000,000) prior to January 1, 2013; and

(E) Prior to January 1, 2013, the nonprofit organization acquired a collection of artwork with a fair market value in excess of one hundred million dollars ($100,000,000) for public viewing and exhibition at the qualified museum facility.

(d) (1) After filing the statement required under subdivision (c)(1) of this section, if the secretary finds that the nonprofit organization has a good faith plan and intent to satisfy the conditions of subdivision (c)(2) of this section prior to January 1, 2013, the secretary shall issue an exemption certificate to the nonprofit organization within sixty (60) days after the filing of the statement. (2) The secretary may revoke the exemption certificate at any time after it is issued if the secretary determines that the nonprofit organization is unable to satisfy the conditions under subdivision (c)(2) of this section prior to January 1, 2013. (3) After filing the statement required under subdivision (c)(2) of this section, if the secretary determines that the nonprofit organization has not met the conditions under subdivision (c)(2) of this section, the secretary shall revoke the exemption certificate of the nonprofit organization. (4) If the nonprofit organization fails to file the statement described in subdivision (c)(2) of this section on or prior to June 30, 2013, the secretary shall revoke the exemption certificate. (5) Revocation by the secretary of an exemption certificate shall be retroactive to the date of its issuance subject to subsection (e) of this section.

(1) After filing the statement required under subdivision (c)(1) of this section, if the secretary finds that the nonprofit organization has a good faith plan and intent to satisfy the conditions of subdivision (c)(2) of this section prior to January 1, 2013, the secretary shall issue an exemption certificate to the nonprofit organization within sixty (60) days after the filing of the statement.

(2) The secretary may revoke the exemption certificate at any time after it is issued if the secretary determines that the nonprofit organization is unable to satisfy the conditions under subdivision (c)(2) of this section prior to January 1, 2013.

(3) After filing the statement required under subdivision (c)(2) of this section, if the secretary determines that the nonprofit organization has not met the conditions under subdivision (c)(2) of this section, the secretary shall revoke the exemption certificate of the nonprofit organization.

(4) If the nonprofit organization fails to file the statement described in subdivision (c)(2) of this section on or prior to June 30, 2013, the secretary shall revoke the exemption certificate.

(5) Revocation by the secretary of an exemption certificate shall be retroactive to the date of its issuance subject to subsection (e) of this section.

(e) (1) If the secretary revokes the exemption certificate, any tax deficiency, related interest, and applicable penalties due under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., this subchapter, or the Arkansas Tax Procedure Act, § 26-18-101 et seq., may be assessed against the nonprofit organization but may not be assessed against a third party that has relied in good faith on the exemption certificate prior to its revocation. (2) If the secretary revokes the exemption certificate, any tax deficiency, related interest, and applicable penalties assessed against the nonprofit organization shall also include any tax deficiency, related interest, and applicable penalties assessed on purchases made by the nonprofit organization's contractors and agents for the benefit of the nonprofit organization in reliance on the exemption certificate. (3) (A) Any assessment by the secretary under subdivision (e)(1) or subdivision (e)(2) of this section shall be made in accordance with the Arkansas Tax Procedure Act, § 26-18-101 et seq. (B) However, the time period for the secretary to make the assessment is extended to whichever of the following occurs first: (i) Three (3) years from the date the nonprofit organization files the statement under subdivision (c)(2) of this section; or (ii) July 1, 2016. (4) The nonprofit organization may contest any assessment or other determination by the secretary in accordance with the Arkansas Tax Procedure Act, § 26-18-101 et seq.

(1) If the secretary revokes the exemption certificate, any tax deficiency, related interest, and applicable penalties due under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., this subchapter, or the Arkansas Tax Procedure Act, § 26-18-101 et seq., may be assessed against the nonprofit organization but may not be assessed against a third party that has relied in good faith on the exemption certificate prior to its revocation.

(2) If the secretary revokes the exemption certificate, any tax deficiency, related interest, and applicable penalties assessed against the nonprofit organization shall also include any tax deficiency, related interest, and applicable penalties assessed on purchases made by the nonprofit organization's contractors and agents for the benefit of the nonprofit organization in reliance on the exemption certificate.

(3) (A) Any assessment by the secretary under subdivision (e)(1) or subdivision (e)(2) of this section shall be made in accordance with the Arkansas Tax Procedure Act, § 26-18-101 et seq. (B) However, the time period for the secretary to make the assessment is extended to whichever of the following occurs first: (i) Three (3) years from the date the nonprofit organization files the statement under subdivision (c)(2) of this section; or (ii) July 1, 2016.

(A) Any assessment by the secretary under subdivision (e)(1) or subdivision (e)(2) of this section shall be made in accordance with the Arkansas Tax Procedure Act, § 26-18-101 et seq.

(B) However, the time period for the secretary to make the assessment is extended to whichever of the following occurs first: (i) Three (3) years from the date the nonprofit organization files the statement under subdivision (c)(2) of this section; or (ii) July 1, 2016.

(i) Three (3) years from the date the nonprofit organization files the statement under subdivision (c)(2) of this section; or

(ii) July 1, 2016.

(4) The nonprofit organization may contest any assessment or other determination by the secretary in accordance with the Arkansas Tax Procedure Act, § 26-18-101 et seq.

Amended by Act 2019, No. 910,§ 3926, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3925, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3924, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3923, eff. 7/1/2019.

Amended by Act 2017, No. 141,§ 57, eff. for tax years beginning on and after 1/1/2018.

Acts 2005, No. 1865, § 2.
Ark. Code Ann. § 26-52-503 — AR Code / Title 26 / Chapter 52 / Subchapter 5 / Section 26-52-503
Discount for early payment
Status: in_force

(a) At the time of transmitting the returns required under this chapter to the Secretary of the Department of Finance and Administration, the taxpayer shall remit with the returns to the secretary ninety-eight percent (98%) of the state tax due under this chapter and ninety-eight percent (98%) of the city and county gross receipts taxes collected by the secretary. (b) Failure of the taxpayer to remit the tax on or before the twentieth day of the applicable month shall cause the taxpayer to forfeit his or her claim to the discount, and the taxpayer shall remit to the secretary one hundred percent (100%) of the amount of tax plus any penalty and interest due. (c) (1) (A) The discount for early payment of state tax shall not exceed one thousand dollars ($1,000) per month for a taxpayer filing monthly gross receipts tax reports. (B) A taxpayer filing a tax report on a quarterly, annual, or occasional basis is entitled to the discount for early payment of state tax, which shall not exceed one thousand dollars ($1,000) for each month included in the tax report. (2) (A) The aggregate state tax discount available to a taxpayer who operates more than one (1) permitted business location within this state and who does not file a consolidated monthly gross receipts tax report for all locations shall not exceed one thousand dollars ($1,000) per month. (B) In the case of a corporate taxpayer that is a parent corporation and that holds fifty percent (50%) or more of the outstanding shares of one (1) or more corporations that are subsidiaries and that are subject to the tax imposed by this chapter, the aggregate state tax discount available to the parent corporation and all subsidiaries shall not exceed one thousand dollars ($1,000) per month. (C) The limitations on the state tax discount under this section apply to early payment of city and county gross receipts taxes collected by the secretary, under the following schedule: (i) For the tax year beginning January 1, 2018, the discount shall not exceed five thousand dollars ($5,000); (ii) For the tax year beginning January 1, 2019, the discount shall not exceed four thousand dollars ($4,000); (iii) For the tax year beginning January 1, 2020, the discount shall not exceed three thousand dollars ($3,000); (iv) For the tax year beginning January 1, 2021, the discount shall not exceed two thousand dollars ($2,000); and (v) For tax years beginning on and after January 1, 2022, the discount shall not exceed one thousand dollars ($1,000). Amended by Act 2019, No. 910,§ 3867, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3866, eff. 7/1/2019. Amended by Act 2017, No. 1126,§ 1, eff. 8/1/2017. Acts 1941, No. 386, § 14; 1979, No. 915, § 4; A.S.A. 1947, § 84-1915; Acts 1992 (2nd Ex. Sess.), No. 6, § 1; 2003, No. 747, §§ 2, 3.

(a) At the time of transmitting the returns required under this chapter to the Secretary of the Department of Finance and Administration, the taxpayer shall remit with the returns to the secretary ninety-eight percent (98%) of the state tax due under this chapter and ninety-eight percent (98%) of the city and county gross receipts taxes collected by the secretary.

(b) Failure of the taxpayer to remit the tax on or before the twentieth day of the applicable month shall cause the taxpayer to forfeit his or her claim to the discount, and the taxpayer shall remit to the secretary one hundred percent (100%) of the amount of tax plus any penalty and interest due.

(c) (1) (A) The discount for early payment of state tax shall not exceed one thousand dollars ($1,000) per month for a taxpayer filing monthly gross receipts tax reports. (B) A taxpayer filing a tax report on a quarterly, annual, or occasional basis is entitled to the discount for early payment of state tax, which shall not exceed one thousand dollars ($1,000) for each month included in the tax report. (2) (A) The aggregate state tax discount available to a taxpayer who operates more than one (1) permitted business location within this state and who does not file a consolidated monthly gross receipts tax report for all locations shall not exceed one thousand dollars ($1,000) per month. (B) In the case of a corporate taxpayer that is a parent corporation and that holds fifty percent (50%) or more of the outstanding shares of one (1) or more corporations that are subsidiaries and that are subject to the tax imposed by this chapter, the aggregate state tax discount available to the parent corporation and all subsidiaries shall not exceed one thousand dollars ($1,000) per month. (C) The limitations on the state tax discount under this section apply to early payment of city and county gross receipts taxes collected by the secretary, under the following schedule: (i) For the tax year beginning January 1, 2018, the discount shall not exceed five thousand dollars ($5,000); (ii) For the tax year beginning January 1, 2019, the discount shall not exceed four thousand dollars ($4,000); (iii) For the tax year beginning January 1, 2020, the discount shall not exceed three thousand dollars ($3,000); (iv) For the tax year beginning January 1, 2021, the discount shall not exceed two thousand dollars ($2,000); and (v) For tax years beginning on and after January 1, 2022, the discount shall not exceed one thousand dollars ($1,000).

(1) (A) The discount for early payment of state tax shall not exceed one thousand dollars ($1,000) per month for a taxpayer filing monthly gross receipts tax reports. (B) A taxpayer filing a tax report on a quarterly, annual, or occasional basis is entitled to the discount for early payment of state tax, which shall not exceed one thousand dollars ($1,000) for each month included in the tax report.

(A) The discount for early payment of state tax shall not exceed one thousand dollars ($1,000) per month for a taxpayer filing monthly gross receipts tax reports.

(B) A taxpayer filing a tax report on a quarterly, annual, or occasional basis is entitled to the discount for early payment of state tax, which shall not exceed one thousand dollars ($1,000) for each month included in the tax report.

(2) (A) The aggregate state tax discount available to a taxpayer who operates more than one (1) permitted business location within this state and who does not file a consolidated monthly gross receipts tax report for all locations shall not exceed one thousand dollars ($1,000) per month. (B) In the case of a corporate taxpayer that is a parent corporation and that holds fifty percent (50%) or more of the outstanding shares of one (1) or more corporations that are subsidiaries and that are subject to the tax imposed by this chapter, the aggregate state tax discount available to the parent corporation and all subsidiaries shall not exceed one thousand dollars ($1,000) per month. (C) The limitations on the state tax discount under this section apply to early payment of city and county gross receipts taxes collected by the secretary, under the following schedule: (i) For the tax year beginning January 1, 2018, the discount shall not exceed five thousand dollars ($5,000); (ii) For the tax year beginning January 1, 2019, the discount shall not exceed four thousand dollars ($4,000); (iii) For the tax year beginning January 1, 2020, the discount shall not exceed three thousand dollars ($3,000); (iv) For the tax year beginning January 1, 2021, the discount shall not exceed two thousand dollars ($2,000); and (v) For tax years beginning on and after January 1, 2022, the discount shall not exceed one thousand dollars ($1,000).

(A) The aggregate state tax discount available to a taxpayer who operates more than one (1) permitted business location within this state and who does not file a consolidated monthly gross receipts tax report for all locations shall not exceed one thousand dollars ($1,000) per month.

(B) In the case of a corporate taxpayer that is a parent corporation and that holds fifty percent (50%) or more of the outstanding shares of one (1) or more corporations that are subsidiaries and that are subject to the tax imposed by this chapter, the aggregate state tax discount available to the parent corporation and all subsidiaries shall not exceed one thousand dollars ($1,000) per month.

(C) The limitations on the state tax discount under this section apply to early payment of city and county gross receipts taxes collected by the secretary, under the following schedule: (i) For the tax year beginning January 1, 2018, the discount shall not exceed five thousand dollars ($5,000); (ii) For the tax year beginning January 1, 2019, the discount shall not exceed four thousand dollars ($4,000); (iii) For the tax year beginning January 1, 2020, the discount shall not exceed three thousand dollars ($3,000); (iv) For the tax year beginning January 1, 2021, the discount shall not exceed two thousand dollars ($2,000); and (v) For tax years beginning on and after January 1, 2022, the discount shall not exceed one thousand dollars ($1,000).

(i) For the tax year beginning January 1, 2018, the discount shall not exceed five thousand dollars ($5,000);

(ii) For the tax year beginning January 1, 2019, the discount shall not exceed four thousand dollars ($4,000);

(iii) For the tax year beginning January 1, 2020, the discount shall not exceed three thousand dollars ($3,000);

(iv) For the tax year beginning January 1, 2021, the discount shall not exceed two thousand dollars ($2,000); and

(v) For tax years beginning on and after January 1, 2022, the discount shall not exceed one thousand dollars ($1,000).

Amended by Act 2019, No. 910,§ 3867, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3866, eff. 7/1/2019.

Amended by Act 2017, No. 1126,§ 1, eff. 8/1/2017.

Acts 1941, No. 386, § 14; 1979, No. 915, § 4; A.S.A. 1947, § 84-1915; Acts 1992 (2nd Ex. Sess.), No. 6, § 1; 2003, No. 747, §§ 2, 3.
Ark. Code Ann. § 26-57-251 — AR Code / Title 26 / Chapter 57 / Subchapter 2 / Section 26-57-251
Civil and criminal actions
Status: in_force

(a) All civil actions arising under this subchapter shall be brought by and in the name of the Secretary of the Department of Finance and Administration or the Director of Arkansas Tobacco Control, whichever is appropriate under the provisions of this subchapter. (b) All criminal actions shall be brought and prosecuted by the proper prosecuting attorney. Amended by Act 2019, No. 910,§ 4158, eff. 7/1/2019. Acts 1977, No. 546, § 32; A.S.A. 1947, § 84-4532; Acts 1997, No. 1337, § 22; 2009, No. 785, § 25.

(a) All civil actions arising under this subchapter shall be brought by and in the name of the Secretary of the Department of Finance and Administration or the Director of Arkansas Tobacco Control, whichever is appropriate under the provisions of this subchapter.

(b) All criminal actions shall be brought and prosecuted by the proper prosecuting attorney.

Amended by Act 2019, No. 910,§ 4158, eff. 7/1/2019.

Acts 1977, No. 546, § 32; A.S.A. 1947, § 84-4532; Acts 1997, No. 1337, § 22; 2009, No. 785, § 25.
Ark. Code Ann. § 26-51-1202 — AR Code / Title 26 / Chapter 51 / Subchapter 12 / Section 26-51-1202
Certification required
Status: in_force

(a) To claim the benefits of this section, § 26-51-1201 , and § 26-51-1203 , a taxpayer must obtain a certification from the Director of the Arkansas Economic Development Commission certifying to the Revenue Division of the Department of Finance and Administration that the taxpayer: (1) Operates a steel mill in Arkansas which began production after February 16, 1987; and (2) Has invested, after February 16, 1987, in excess of one hundred twenty million dollars ($120,000,000) in the steel mill, which investment expenditure is for one (1) of the following: (A) Property purchased for use in the construction of a building or buildings or any addition or improvement thereon to house the steel mill; (B) Machinery and equipment to be located in or in connection with the steel mill. Motor vehicles of a type subject to registration shall not be considered as machinery and equipment; or (C) Project planning costs or construction labor costs, including on-site direct labor and supervision, whether employed by a contractor or the project owner; architectural fees, engineering fees, or both; right-of-way purchases; utility extensions; site preparation; parking lots; disposal or containment systems; water and sewer treatment systems; rail spurs; streets and roads; purchase of mineral rights; land; buildings; building renovation; production, processing, and testing equipment; freight charges; building demolition; material handling equipment; drainage systems; water tanks and reservoirs; storage facilities; equipment rental; contractor's cost plus fees; builders risk insurance; original spare parts; job administrative expenses; office furnishings and equipment; rolling stock; capitalized start-up costs as recognized by generally accepted accounting principles; and other costs related to the construction. (b) As used in subdivision (a)(2)(C) of this section, "production and processing equipment" includes machinery and equipment essential for the receiving, storing, processing, and testing of raw materials and the production, storage, testing, and shipping of finished products, including facilities for the production of steam, electricity, chemicals, and other materials that are essential to the manufacturing process, but which are consumed in the manufacturing process and do not become essential components of the finished product. Acts 1987, No. 48, § 1; 1997, No. 540, § 89.

(a) To claim the benefits of this section, § 26-51-1201 , and § 26-51-1203 , a taxpayer must obtain a certification from the Director of the Arkansas Economic Development Commission certifying to the Revenue Division of the Department of Finance and Administration that the taxpayer: (1) Operates a steel mill in Arkansas which began production after February 16, 1987; and (2) Has invested, after February 16, 1987, in excess of one hundred twenty million dollars ($120,000,000) in the steel mill, which investment expenditure is for one (1) of the following: (A) Property purchased for use in the construction of a building or buildings or any addition or improvement thereon to house the steel mill; (B) Machinery and equipment to be located in or in connection with the steel mill. Motor vehicles of a type subject to registration shall not be considered as machinery and equipment; or (C) Project planning costs or construction labor costs, including on-site direct labor and supervision, whether employed by a contractor or the project owner; architectural fees, engineering fees, or both; right-of-way purchases; utility extensions; site preparation; parking lots; disposal or containment systems; water and sewer treatment systems; rail spurs; streets and roads; purchase of mineral rights; land; buildings; building renovation; production, processing, and testing equipment; freight charges; building demolition; material handling equipment; drainage systems; water tanks and reservoirs; storage facilities; equipment rental; contractor's cost plus fees; builders risk insurance; original spare parts; job administrative expenses; office furnishings and equipment; rolling stock; capitalized start-up costs as recognized by generally accepted accounting principles; and other costs related to the construction.

(1) Operates a steel mill in Arkansas which began production after February 16, 1987; and

(2) Has invested, after February 16, 1987, in excess of one hundred twenty million dollars ($120,000,000) in the steel mill, which investment expenditure is for one (1) of the following: (A) Property purchased for use in the construction of a building or buildings or any addition or improvement thereon to house the steel mill; (B) Machinery and equipment to be located in or in connection with the steel mill. Motor vehicles of a type subject to registration shall not be considered as machinery and equipment; or (C) Project planning costs or construction labor costs, including on-site direct labor and supervision, whether employed by a contractor or the project owner; architectural fees, engineering fees, or both; right-of-way purchases; utility extensions; site preparation; parking lots; disposal or containment systems; water and sewer treatment systems; rail spurs; streets and roads; purchase of mineral rights; land; buildings; building renovation; production, processing, and testing equipment; freight charges; building demolition; material handling equipment; drainage systems; water tanks and reservoirs; storage facilities; equipment rental; contractor's cost plus fees; builders risk insurance; original spare parts; job administrative expenses; office furnishings and equipment; rolling stock; capitalized start-up costs as recognized by generally accepted accounting principles; and other costs related to the construction.

(A) Property purchased for use in the construction of a building or buildings or any addition or improvement thereon to house the steel mill;

(B) Machinery and equipment to be located in or in connection with the steel mill. Motor vehicles of a type subject to registration shall not be considered as machinery and equipment; or

(C) Project planning costs or construction labor costs, including on-site direct labor and supervision, whether employed by a contractor or the project owner; architectural fees, engineering fees, or both; right-of-way purchases; utility extensions; site preparation; parking lots; disposal or containment systems; water and sewer treatment systems; rail spurs; streets and roads; purchase of mineral rights; land; buildings; building renovation; production, processing, and testing equipment; freight charges; building demolition; material handling equipment; drainage systems; water tanks and reservoirs; storage facilities; equipment rental; contractor's cost plus fees; builders risk insurance; original spare parts; job administrative expenses; office furnishings and equipment; rolling stock; capitalized start-up costs as recognized by generally accepted accounting principles; and other costs related to the construction.

(b) As used in subdivision (a)(2)(C) of this section, "production and processing equipment" includes machinery and equipment essential for the receiving, storing, processing, and testing of raw materials and the production, storage, testing, and shipping of finished products, including facilities for the production of steam, electricity, chemicals, and other materials that are essential to the manufacturing process, but which are consumed in the manufacturing process and do not become essential components of the finished product.

Acts 1987, No. 48, § 1; 1997, No. 540, § 89.
Ark. Code Ann. § 26-51-1106 — AR Code / Title 26 / Chapter 51 / Subchapter 11 / Section 26-51-1106
Application for credit approval
Status: in_force

(a) To apply for a credit under this subchapter, a taxpayer shall submit an original application and one (1) copy to the Director of the Arkansas Economic Development Commission on the forms prescribed by the director. (b) The director shall review each application submitted under this subchapter and shall either: (1) Approve the application; or (2) Reject the application and notify the applicant of the deficiencies in the application. (c) An applicant that receives approval from the director under this section shall sign a financial incentive agreement outlining the terms and conditions of the credit granted under this subchapter. (d) An applicant may resubmit a rejected application after addressing any deficiencies identified by the director. (e) For an application submitted on or after July 24, 2019, an expenditure incurred before the approval date of the financial incentive agreement required under subsection (b) of this section shall be denied a credit under this subchapter. Added by Act 2019, No. 203,§ 6, eff. 7/24/2019.

(a) To apply for a credit under this subchapter, a taxpayer shall submit an original application and one (1) copy to the Director of the Arkansas Economic Development Commission on the forms prescribed by the director.

(b) The director shall review each application submitted under this subchapter and shall either: (1) Approve the application; or (2) Reject the application and notify the applicant of the deficiencies in the application.

(1) Approve the application; or

(2) Reject the application and notify the applicant of the deficiencies in the application.

(c) An applicant that receives approval from the director under this section shall sign a financial incentive agreement outlining the terms and conditions of the credit granted under this subchapter.

(d) An applicant may resubmit a rejected application after addressing any deficiencies identified by the director.

(e) For an application submitted on or after July 24, 2019, an expenditure incurred before the approval date of the financial incentive agreement required under subsection (b) of this section shall be denied a credit under this subchapter.

Added by Act 2019, No. 203,§ 6, eff. 7/24/2019.
Ark. Code Ann. § 26-63-404 — AR Code / Title 26 / Chapter 63 / Subchapter 4 / Section 26-63-404
Exemptions
Status: in_force

There is exempted from the tourism tax levied by this subchapter the following: (1) Gross receipts or gross proceeds derived from the sale or rental of tangible personal property or taxable services to the Boy Scouts of America, chartered by the United States Congress in 1916, or the Girl Scouts of the United States of America, chartered by the United States Congress in 1950, or any of the scout councils in this state; (2) Gross receipts or gross proceeds derived from the sale or rental of tangible personal property or taxable services to the Boys and Girls Clubs of America or a local council or organization of the Boys and Girls Clubs of America; or (3) Gross receipts or gross proceeds derived from the sale or rental of tangible personal property or taxable services to 4-H clubs and FFA clubs in this state, to the Arkansas 4-H Foundation, Incorporated, the Arkansas FFA Foundation, and the Arkansas Division of the Future Farmers of America. Amended by Act 2021, No. 483,§ 20, eff. 7/28/2021. Acts 2007, No. 182, § 1.

There is exempted from the tourism tax levied by this subchapter the following:

(1) Gross receipts or gross proceeds derived from the sale or rental of tangible personal property or taxable services to the Boy Scouts of America, chartered by the United States Congress in 1916, or the Girl Scouts of the United States of America, chartered by the United States Congress in 1950, or any of the scout councils in this state;

(2) Gross receipts or gross proceeds derived from the sale or rental of tangible personal property or taxable services to the Boys and Girls Clubs of America or a local council or organization of the Boys and Girls Clubs of America; or

(3) Gross receipts or gross proceeds derived from the sale or rental of tangible personal property or taxable services to 4-H clubs and FFA clubs in this state, to the Arkansas 4-H Foundation, Incorporated, the Arkansas FFA Foundation, and the Arkansas Division of the Future Farmers of America.

Amended by Act 2021, No. 483,§ 20, eff. 7/28/2021.

Acts 2007, No. 182, § 1.
Ark. Code Ann. § 26-57-1307 — AR Code / Title 26 / Chapter 57 / Subchapter 13 / Section 26-57-1307
Miscellaneous provisions
Status: in_force

(a) Notice and Review of Determination. (1) A determination by the Attorney General to not include or to remove from the directory a brand family or tobacco product manufacturer shall be subject to review by the filing of a civil action for prospective declaratory or injunctive relief. (2) The Pulaski County Circuit Court shall have exclusive jurisdiction over the civil action. (3) In authorizing the civil action, the state does not waive its sovereign immunity from claims for monetary relief, costs, or attorney's fees, and no such relief shall be recoverable in any such civil action. (b) Applicants for Licenses. No person or entity shall be issued a license or permit or granted a renewal of a license or permit by the Director of Arkansas Tobacco Control unless the person or entity has certified in writing under penalty of perjury that the person or entity will comply fully with this subchapter. (c) Dates. For the year 2003: (1) The first report of wholesalers required by § 26-57-1305(a) shall be due thirty (30) calendar days after April 3, 2003; (2) The certifications by a tobacco product manufacturer described in § 26-57-1303(a) shall be due forty-five (45) calendar days after April 3, 2003; and (3) The directory described in § 26-57-1303(b) shall be published or made available within ninety (90) calendar days after April 3, 2003. (d) Promulgation of Rules. The Attorney General, the Arkansas Tobacco Control Board, and the Department of Finance and Administration may promulgate rules necessary to effect the purposes of this subchapter. (e) Recovery of Costs and Fees by Attorney General. In an action brought by the Attorney General to enforce this subchapter, the Attorney General shall be entitled to recover the costs of the investigation, expert witness fees, costs of the action, and reasonable attorney's fees. (f) Disgorgement of Profits for Violations of Subchapter. (1) If a court determines that a person or entity has violated this subchapter, the court shall order any profits, gain, gross receipts, or other benefit from the violation to be disgorged and paid to the Treasurer of State for deposit into the State Central Services Fund. (2) Unless otherwise expressly provided, the remedies or penalties provided by this subchapter are cumulative to each other and to the remedies or penalties available under all other laws of this state. (g) Construction and Severability. (1) If a court of competent jurisdiction finds that the provisions of this subchapter and of §§ 26-57-260 and 26-57-261 conflict and cannot be harmonized, the provisions of §§ 26-57-260 and 26-57-261 shall control. (2) If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this subchapter causes §§ 26-57-260 and 26-57-261 to no longer constitute a qualifying or model statute as those terms are defined in the Master Settlement Agreement, that portion of this subchapter shall not be valid. (3) If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this subchapter is for any reason held to be invalid, unlawful, or unconstitutional, the decision shall not affect the validity of the remaining portions of this subchapter or any part of this subchapter. (h) For each nonparticipating manufacturer located outside the United States, each importer into the United States of the nonparticipating manufacturer's brand families that are sold in the state has joint and several liability with the nonparticipating manufacturer for deposit of all escrow amounts due under § 26-57-261 and payment of all penalties imposed under § 26-57-261 . Amended by Act 2019, No. 315,§ 3042, eff. 7/24/2019. Acts 2003, No. 1073, § 7; 2009, No. 785, § 34; 2011, No. 836, § 17.

(a) Notice and Review of Determination. (1) A determination by the Attorney General to not include or to remove from the directory a brand family or tobacco product manufacturer shall be subject to review by the filing of a civil action for prospective declaratory or injunctive relief. (2) The Pulaski County Circuit Court shall have exclusive jurisdiction over the civil action. (3) In authorizing the civil action, the state does not waive its sovereign immunity from claims for monetary relief, costs, or attorney's fees, and no such relief shall be recoverable in any such civil action.

(1) A determination by the Attorney General to not include or to remove from the directory a brand family or tobacco product manufacturer shall be subject to review by the filing of a civil action for prospective declaratory or injunctive relief.

(2) The Pulaski County Circuit Court shall have exclusive jurisdiction over the civil action.

(3) In authorizing the civil action, the state does not waive its sovereign immunity from claims for monetary relief, costs, or attorney's fees, and no such relief shall be recoverable in any such civil action.

(b) Applicants for Licenses. No person or entity shall be issued a license or permit or granted a renewal of a license or permit by the Director of Arkansas Tobacco Control unless the person or entity has certified in writing under penalty of perjury that the person or entity will comply fully with this subchapter.

(c) Dates. For the year 2003: (1) The first report of wholesalers required by § 26-57-1305(a) shall be due thirty (30) calendar days after April 3, 2003; (2) The certifications by a tobacco product manufacturer described in § 26-57-1303(a) shall be due forty-five (45) calendar days after April 3, 2003; and (3) The directory described in § 26-57-1303(b) shall be published or made available within ninety (90) calendar days after April 3, 2003.

(1) The first report of wholesalers required by § 26-57-1305(a) shall be due thirty (30) calendar days after April 3, 2003;

(2) The certifications by a tobacco product manufacturer described in § 26-57-1303(a) shall be due forty-five (45) calendar days after April 3, 2003; and

(3) The directory described in § 26-57-1303(b) shall be published or made available within ninety (90) calendar days after April 3, 2003.

(d) Promulgation of Rules. The Attorney General, the Arkansas Tobacco Control Board, and the Department of Finance and Administration may promulgate rules necessary to effect the purposes of this subchapter.

(e) Recovery of Costs and Fees by Attorney General. In an action brought by the Attorney General to enforce this subchapter, the Attorney General shall be entitled to recover the costs of the investigation, expert witness fees, costs of the action, and reasonable attorney's fees.

(f) Disgorgement of Profits for Violations of Subchapter. (1) If a court determines that a person or entity has violated this subchapter, the court shall order any profits, gain, gross receipts, or other benefit from the violation to be disgorged and paid to the Treasurer of State for deposit into the State Central Services Fund. (2) Unless otherwise expressly provided, the remedies or penalties provided by this subchapter are cumulative to each other and to the remedies or penalties available under all other laws of this state.

(1) If a court determines that a person or entity has violated this subchapter, the court shall order any profits, gain, gross receipts, or other benefit from the violation to be disgorged and paid to the Treasurer of State for deposit into the State Central Services Fund.

(2) Unless otherwise expressly provided, the remedies or penalties provided by this subchapter are cumulative to each other and to the remedies or penalties available under all other laws of this state.

(g) Construction and Severability. (1) If a court of competent jurisdiction finds that the provisions of this subchapter and of §§ 26-57-260 and 26-57-261 conflict and cannot be harmonized, the provisions of §§ 26-57-260 and 26-57-261 shall control. (2) If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this subchapter causes §§ 26-57-260 and 26-57-261 to no longer constitute a qualifying or model statute as those terms are defined in the Master Settlement Agreement, that portion of this subchapter shall not be valid. (3) If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this subchapter is for any reason held to be invalid, unlawful, or unconstitutional, the decision shall not affect the validity of the remaining portions of this subchapter or any part of this subchapter.

(1) If a court of competent jurisdiction finds that the provisions of this subchapter and of §§ 26-57-260 and 26-57-261 conflict and cannot be harmonized, the provisions of §§ 26-57-260 and 26-57-261 shall control.

(2) If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this subchapter causes §§ 26-57-260 and 26-57-261 to no longer constitute a qualifying or model statute as those terms are defined in the Master Settlement Agreement, that portion of this subchapter shall not be valid.

(3) If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this subchapter is for any reason held to be invalid, unlawful, or unconstitutional, the decision shall not affect the validity of the remaining portions of this subchapter or any part of this subchapter.

(h) For each nonparticipating manufacturer located outside the United States, each importer into the United States of the nonparticipating manufacturer's brand families that are sold in the state has joint and several liability with the nonparticipating manufacturer for deposit of all escrow amounts due under § 26-57-261 and payment of all penalties imposed under § 26-57-261 .

Amended by Act 2019, No. 315,§ 3042, eff. 7/24/2019.

Acts 2003, No. 1073, § 7; 2009, No. 785, § 34; 2011, No. 836, § 17.
Ark. Code Ann. § 26-55-602 — AR Code / Title 26 / Chapter 55 / Subchapter 6 / Section 26-55-602
Applicability
Status: in_force

The provisions of this subchapter shall not be applicable to any licensed distributor or supplier of fuels within this state who does not import or export fuels. Acts 1987, No. 977, § 11.

The provisions of this subchapter shall not be applicable to any licensed distributor or supplier of fuels within this state who does not import or export fuels.

Acts 1987, No. 977, § 11.
Ark. Code Ann. § 26-18-207 — AR Code / Title 26 / Chapter 18 / Subchapter 2 / Section 26-18-207
Continuance of business after forfeiture of bond
Status: in_force

Any person who, after the forefeiture by the Secretary of the Department of Finance and Administration of any bond posted by him or her, continues or attempts to continue in the business or activities for which the bond was required to be posted, without having the bond reinstated or without making a new bond, is guilty of a Class D felony. Each day of continuing or conducting business or activities is a separate violation. Acts 1979, No. 401, § 35; A.S.A. 1947, § 84-4735; Acts 1987, No. 502, § 7.

Any person who, after the forefeiture by the Secretary of the Department of Finance and Administration of any bond posted by him or her, continues or attempts to continue in the business or activities for which the bond was required to be posted, without having the bond reinstated or without making a new bond, is guilty of a Class D felony. Each day of continuing or conducting business or activities is a separate violation.

Acts 1979, No. 401, § 35; A.S.A. 1947, § 84-4735; Acts 1987, No. 502, § 7.
Ark. Code Ann. § 26-58-210 — AR Code / Title 26 / Chapter 58 / Subchapter 2 / Section 26-58-210
Records
Status: in_force

A producer obtaining the benefits of the provisions of this subchapter shall maintain for a period of not less than three (3) years such records as may be required by the Secretary of the Department of Finance and Administration that may be necessary to justify the cost credits allowed by this subchapter. Amended by Act 2019, No. 910,§ 4269, eff. 7/1/2019. Acts 1959, No. 57, § 5; 1959, No. 138, § 2; A.S.A. 1947, § 84-2117; Acts 2011, No. 791, § 10.

A producer obtaining the benefits of the provisions of this subchapter shall maintain for a period of not less than three (3) years such records as may be required by the Secretary of the Department of Finance and Administration that may be necessary to justify the cost credits allowed by this subchapter.

Amended by Act 2019, No. 910,§ 4269, eff. 7/1/2019.

Acts 1959, No. 57, § 5; 1959, No. 138, § 2; A.S.A. 1947, § 84-2117; Acts 2011, No. 791, § 10.
Ark. Code Ann. § 26-51-1009 — AR Code / Title 26 / Chapter 51 / Subchapter 10 / Section 26-51-1009
Credit granted - Land leveling for water conservation
Status: in_force

(a) There shall be allowed a credit against the tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., to an approved applicant for agricultural land leveling to conserve irrigation water. (b) (1) The tax credit allowed to each approved applicant shall not exceed the lesser of twenty-five percent (25%) of the project cost incurred or thirty-five thousand dollars ($35,000). (2) (A) The amount of tax credit allowed to each approved applicant per project that may be used for a taxable year may not exceed the lesser of: (i) The amount of individual or corporate income tax otherwise due; or (ii) Eighteen thousand dollars ($18,000). (B) If the approved applicant is a pass-through entity such as a partnership, a limited liability company taxed as a partnership, a Subchapter S corporation, or a fiduciary, the amount of tax credit that may be used for a taxable year shall not exceed the lesser of: (i) The aggregate amount of individual or corporate income tax otherwise due by all members of the pass-through entity; or (ii) Eighteen thousand dollars ($18,000). (3) Any unused tax credit may be carried over for a maximum of fifteen (15) consecutive taxable years following the taxable year in which the credit originated. Amended by Act 2021, No. 875,§ 4, eff. for tax years beginning on or after January 1, 2021. Acts 1995, No. 341, § 10; 2011, No. 631, § 7.

(a) There shall be allowed a credit against the tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., to an approved applicant for agricultural land leveling to conserve irrigation water.

(b) (1) The tax credit allowed to each approved applicant shall not exceed the lesser of twenty-five percent (25%) of the project cost incurred or thirty-five thousand dollars ($35,000). (2) (A) The amount of tax credit allowed to each approved applicant per project that may be used for a taxable year may not exceed the lesser of: (i) The amount of individual or corporate income tax otherwise due; or (ii) Eighteen thousand dollars ($18,000). (B) If the approved applicant is a pass-through entity such as a partnership, a limited liability company taxed as a partnership, a Subchapter S corporation, or a fiduciary, the amount of tax credit that may be used for a taxable year shall not exceed the lesser of: (i) The aggregate amount of individual or corporate income tax otherwise due by all members of the pass-through entity; or (ii) Eighteen thousand dollars ($18,000). (3) Any unused tax credit may be carried over for a maximum of fifteen (15) consecutive taxable years following the taxable year in which the credit originated.

(1) The tax credit allowed to each approved applicant shall not exceed the lesser of twenty-five percent (25%) of the project cost incurred or thirty-five thousand dollars ($35,000).

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

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

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

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

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

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

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

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

Amended by Act 2021, No. 875,§ 4, eff. for tax years beginning on or after January 1, 2021.

Acts 1995, No. 341, § 10; 2011, No. 631, § 7.
Ark. Code Ann. § 26-53-109 — AR Code / Title 26 / Chapter 53 / Subchapter 1 / Section 26-53-109
Tax on use, storage, or distribution of computer software - Definitions
Status: in_force

The excise tax levied by this subchapter and by any act supplemental to this subchapter is levied on the privilege of storing, using, distributing, or consuming within this state any of the following: (1) (A) Computer software, including prewritten computer software, which shall be treated as a use, storage, distribution, or consumption of tangible personal property for purposes of tax. (B) As used in this section: (i) "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a result based on a sequence of instructions; (ii) (a) "Computer software" means a set of coded instructions designed to cause a computer or automatic data processing equipment to perform a task. (b) "Computer software" does not include software that is delivered electronically or by load and leave; (iii) "Delivered electronically" means delivered to the purchaser by means other than tangible storage media; (iv) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; (v) "Load and leave" means delivery to the purchaser by use of a tangible storage media in which the tangible storage media is not physically transferred to the purchaser; and (vi) "Prewritten computer software" means computer software, including prewritten upgrades, that is not designed and developed by the author or other creator to the specifications of a specific purchaser; and (2) Service of repairing or maintaining computer equipment or hardware in any form. Acts 1983 (1st Ex. Sess.), No. 88, §§ 2, 3; A.S.A. 1947, §§ 84-3105.3, 84-3105.3n; Acts 1989, No. 817, § 3; 2007, No. 181, § 32; 2009, No. 384, § 13; 2009, No. 655, § 32.

The excise tax levied by this subchapter and by any act supplemental to this subchapter is levied on the privilege of storing, using, distributing, or consuming within this state any of the following:

(1) (A) Computer software, including prewritten computer software, which shall be treated as a use, storage, distribution, or consumption of tangible personal property for purposes of tax. (B) As used in this section: (i) "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a result based on a sequence of instructions; (ii) (a) "Computer software" means a set of coded instructions designed to cause a computer or automatic data processing equipment to perform a task. (b) "Computer software" does not include software that is delivered electronically or by load and leave; (iii) "Delivered electronically" means delivered to the purchaser by means other than tangible storage media; (iv) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; (v) "Load and leave" means delivery to the purchaser by use of a tangible storage media in which the tangible storage media is not physically transferred to the purchaser; and (vi) "Prewritten computer software" means computer software, including prewritten upgrades, that is not designed and developed by the author or other creator to the specifications of a specific purchaser; and

(A) Computer software, including prewritten computer software, which shall be treated as a use, storage, distribution, or consumption of tangible personal property for purposes of tax.

(B) As used in this section: (i) "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a result based on a sequence of instructions; (ii) (a) "Computer software" means a set of coded instructions designed to cause a computer or automatic data processing equipment to perform a task. (b) "Computer software" does not include software that is delivered electronically or by load and leave; (iii) "Delivered electronically" means delivered to the purchaser by means other than tangible storage media; (iv) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities; (v) "Load and leave" means delivery to the purchaser by use of a tangible storage media in which the tangible storage media is not physically transferred to the purchaser; and (vi) "Prewritten computer software" means computer software, including prewritten upgrades, that is not designed and developed by the author or other creator to the specifications of a specific purchaser; and

(i) "Computer" means an electronic device that accepts information in digital or similar form and manipulates it for a result based on a sequence of instructions;

(ii) (a) "Computer software" means a set of coded instructions designed to cause a computer or automatic data processing equipment to perform a task. (b) "Computer software" does not include software that is delivered electronically or by load and leave;

(a) "Computer software" means a set of coded instructions designed to cause a computer or automatic data processing equipment to perform a task.

(b) "Computer software" does not include software that is delivered electronically or by load and leave;

(iii) "Delivered electronically" means delivered to the purchaser by means other than tangible storage media;

(iv) "Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;

(v) "Load and leave" means delivery to the purchaser by use of a tangible storage media in which the tangible storage media is not physically transferred to the purchaser; and

(vi) "Prewritten computer software" means computer software, including prewritten upgrades, that is not designed and developed by the author or other creator to the specifications of a specific purchaser; and

(2) Service of repairing or maintaining computer equipment or hardware in any form.

Acts 1983 (1st Ex. Sess.), No. 88, §§ 2, 3; A.S.A. 1947, §§ 84-3105.3, 84-3105.3n; Acts 1989, No. 817, § 3; 2007, No. 181, § 32; 2009, No. 384, § 13; 2009, No. 655, § 32.
Ark. Code Ann. § 26-52-914 — AR Code / Title 26 / Chapter 52 / Subchapter 9 / Section 26-52-914
Exemption of sales of natural gas and electricity
Status: in_force

Sales of natural gas and electricity to taxpayers qualified under § 26-52-912(1) or § 26-52-912(2) for use in connection with the steel mill shall be exempt from: (1) The Arkansas gross receipts tax levied by this chapter; (2) The Arkansas compensating use tax levied by the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.; and (3) Any other state or local tax administered under this chapter or the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq. Acts 1991, No. 136, § 4; 1991, No. 137, § 4; 2009, No. 655, § 27.

Sales of natural gas and electricity to taxpayers qualified under § 26-52-912(1) or § 26-52-912(2) for use in connection with the steel mill shall be exempt from:

(1) The Arkansas gross receipts tax levied by this chapter;

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

(3) Any other state or local tax administered under this chapter or the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.

Acts 1991, No. 136, § 4; 1991, No. 137, § 4; 2009, No. 655, § 27.
Ark. Code Ann. § 26-55-202 — AR Code / Title 26 / Chapter 55 / Subchapter 2 / Section 26-55-202
Definitions
Status: in_force

As used in this subchapter: (1) "Bill of lading" means any serially numbered document which shall clearly indicate the following: (A) The seller's distributor license number; (B) The origin of the transport trip; (C) The approximate destination or destinations of the transport trip; (D) The type or types of motor fuel being transported and quantity or quantities of motor fuel to be delivered to each destination; (E) The person or persons responsible for the payment of the motor fuel tax; and (F) Such other information or forms as the Secretary of the Department of Finance and Administration by rule may adopt or require to implement the intent of this subchapter; (2) "Dealer" means any person except a distributor engaged in the business of selling motor fuel in the State of Arkansas; (3) "Distributor" means any person, including the State of Arkansas and any political subdivision of the state, but not including the United States or any of its instrumentalities except to the extent permitted by the United States Constitution or laws, that is customarily in the wholesale business offering for resale or delivery of motor fuel to dealers, consumers, or others in tanks of two hundred gallons (200 gals.) or more which are not connected to a motor vehicle and that is: (A) Making the first sale in the State of Arkansas of any motor fuel, imported into the state from any other state, territory, or foreign country, after it shall have been received within this state within the meaning of this subchapter; (B) Consuming or using in the State of Arkansas any motor fuel so imported and shall have purchased it before it shall have been received by any other person in this state, within the meaning of this subchapter; or (C) Producing, refining, preparing, distilling, manufacturing, blending, or compounding motor fuel in this state; (4) "Duly licensed distributor" means any distributor holding an unrevoked license issued by the secretary; (5) "Exporting" means taking motor fuel out of this state; (6) "Importing" means bringing motor fuel into this state; (7) (A) "Motor fuel" means all products commonly or commercially known or sold as gasoline regardless of their classification or uses. (B) "Motor fuel" includes casinghead, absorption, and natural gasoline and condensate when used without blending as a motor fuel or sold for use in motors directly or sold to those who blend for their own use. (C) However, "motor fuel" does not include: (i) Casinghead, absorption, and natural gasoline and condensate when sold to be blended or compounded with other less volatile liquids in the manufacture of commercial gasoline for motor fuel; (ii) Leaded gasoline with an octane rating one hundred ten (110) or higher used solely for off-highway testing; (iii) Oil that is: (a) Derived solely from plants or animals or any mixture of plants or animals; (b) Free from any petroleum products; and (c) Not chemically altered by distillation, transestrification, or other similar chemical process; or (iv) Oil that is: (a) Normally sold for cooking purposes and purchased from retail outlets; or (b) Used cooking oil recycled and gathered from restaurants and commercial food processors; (8) "Motor vehicle" means all vehicles, engines, machines, or mechanical contrivances which are propelled by internal combustion engines or motors and used for travel on public roads and public highways; (9) "Person" includes any individual, company, partnership, limited liability company, joint venture, joint agreement, mutual or other association, corporation, estate, trust, business trust, receiver or trustee appointed by any state, federal, or other court, syndicate, this state, any county, city, municipality, school district, or any other political subdivision of this state or group or combination acting as a unit, in the plural or singular number; (10) (A) "Pipeline importer" means a distributor who imports motor fuel by common carrier pipeline, barge, or rail. (B) A distributor who imports motor fuel exclusively by motor vehicle tank truck is not a pipeline importer; (11) "Public highways" means every way or place of whatever nature, generally open to the use of the public as a matter of right, for the purposes of vehicular travel, and notwithstanding that it may be temporarily closed for the purpose of construction, reconstruction, maintenance, or repair; (12) "Purchase" includes any acquisition of ownership; (13) "Received" means: (A) Motor fuel produced, refined, prepared, distilled, manufactured, blended, or compounded at any refinery at any place in the State of Arkansas by any person shall be deemed to be received by the person when the motor fuel shall have been loaded at the refinery or other place into tank cars, ships, or barges, or when the motor fuel shall have been placed in any tank at or by the refinery from which any withdrawals are made direct into tank trucks, tank wagons, pipelines, or other types of transportation equipment, containers, or facilities other than tank cars, ships, or barges, or from which any sales or deliveries not involving transportation are made directly; (B) Motor fuel imported into the State of Arkansas from any other state, territory, or foreign country by vessel and delivered in that vessel to any person, at a marine terminal in the State of Arkansas for storage, or so imported by pipeline and delivered to any person by the pipeline or a connecting pipeline at a pipeline terminal or pipeline tank farm in the State of Arkansas for storage, shall be deemed to have been received by the person when the motor fuel shall have been loaded into tank cars, ships, or barges at the marine or pipeline terminal or tank farm for any purpose, or when the motor fuel shall have been placed in any tank of less than one hundred thousand gallons (100,000 gals.) capacity thereat, or elsewhere by the person, or when the motor fuel shall have been placed in any tank thereat, or elsewhere by the person, from which any withdrawals are made direct into tank trucks, tank wagons, pipelines or other types of transportation equipment, containers, or facilities other than tank cars, ships, or barges or from which tank any sales or deliveries not involving transportation are made directly, but not before; (C) Motor fuel purchased in a tank car which shall be unloaded in the State of Arkansas shall be deemed to be received at the time when and place where the tank car is unloaded, but not before; (D) (i) Motor fuel imported by any person into this state from any other state, territory, or foreign country, other than by vessel for storage at marine terminals as set forth in this section, or by pipeline for storage at pipeline terminals or pipeline tank farms as hereinbefore set forth, or by tank car, shall be deemed to be received, in the case of motor fuel imported from a foreign country, at the time when and the place where the motor fuel shall be withdrawn from the original container in which the motor fuel was imported, but not before, and shall be deemed to be received in the case of motor fuel imported from another state or territory of the United States at the time when and the place where the interstate transportation of the motor fuel shall have been completed within this state, but not before. (ii) However, nothing in this subdivision (13) shall be construed to allow the transportation of gasoline by any person without first having secured the proper and necessary permit for the transportation from the secretary; and (E) Motor fuel purchased by one (1) duly licensed distributor from another duly licensed distributor shall be deemed to be received by the distributor purchasing the motor fuel at the time title to the motor fuel passes; (14) "Sale" includes any exchange, gift, or other disposition; and (15) "Terminal" means every person in the business of withdrawing or removing motor fuel from any pipeline outlet in this state and then storing the motor fuel in any type of storage container. Amended by Act 2019, No. 315,§ 3005, eff. 7/24/2019. Acts 1941, No. 383, § 2; 1943, No. 254, § 1; 1957, No. 352, § 1; 1967, No. 198, § 1; 1977, No. 346, § 3; A.S.A. 1947, § 75-1102; Acts 1987, No. 763, § 2; 1993, No. 1029, § 1; 1995, No. 1160, § 26; 2001, No. 1035, § 1; 2007, No. 690, § 1.

As used in this subchapter:

(1) "Bill of lading" means any serially numbered document which shall clearly indicate the following: (A) The seller's distributor license number; (B) The origin of the transport trip; (C) The approximate destination or destinations of the transport trip; (D) The type or types of motor fuel being transported and quantity or quantities of motor fuel to be delivered to each destination; (E) The person or persons responsible for the payment of the motor fuel tax; and (F) Such other information or forms as the Secretary of the Department of Finance and Administration by rule may adopt or require to implement the intent of this subchapter;

(A) The seller's distributor license number;

(B) The origin of the transport trip;

(C) The approximate destination or destinations of the transport trip;

(D) The type or types of motor fuel being transported and quantity or quantities of motor fuel to be delivered to each destination;

(E) The person or persons responsible for the payment of the motor fuel tax; and

(F) Such other information or forms as the Secretary of the Department of Finance and Administration by rule may adopt or require to implement the intent of this subchapter;

(2) "Dealer" means any person except a distributor engaged in the business of selling motor fuel in the State of Arkansas;

(3) "Distributor" means any person, including the State of Arkansas and any political subdivision of the state, but not including the United States or any of its instrumentalities except to the extent permitted by the United States Constitution or laws, that is customarily in the wholesale business offering for resale or delivery of motor fuel to dealers, consumers, or others in tanks of two hundred gallons (200 gals.) or more which are not connected to a motor vehicle and that is: (A) Making the first sale in the State of Arkansas of any motor fuel, imported into the state from any other state, territory, or foreign country, after it shall have been received within this state within the meaning of this subchapter; (B) Consuming or using in the State of Arkansas any motor fuel so imported and shall have purchased it before it shall have been received by any other person in this state, within the meaning of this subchapter; or (C) Producing, refining, preparing, distilling, manufacturing, blending, or compounding motor fuel in this state;

(A) Making the first sale in the State of Arkansas of any motor fuel, imported into the state from any other state, territory, or foreign country, after it shall have been received within this state within the meaning of this subchapter;

(B) Consuming or using in the State of Arkansas any motor fuel so imported and shall have purchased it before it shall have been received by any other person in this state, within the meaning of this subchapter; or

(C) Producing, refining, preparing, distilling, manufacturing, blending, or compounding motor fuel in this state;

(4) "Duly licensed distributor" means any distributor holding an unrevoked license issued by the secretary;

(5) "Exporting" means taking motor fuel out of this state;

(6) "Importing" means bringing motor fuel into this state;

(7) (A) "Motor fuel" means all products commonly or commercially known or sold as gasoline regardless of their classification or uses. (B) "Motor fuel" includes casinghead, absorption, and natural gasoline and condensate when used without blending as a motor fuel or sold for use in motors directly or sold to those who blend for their own use. (C) However, "motor fuel" does not include: (i) Casinghead, absorption, and natural gasoline and condensate when sold to be blended or compounded with other less volatile liquids in the manufacture of commercial gasoline for motor fuel; (ii) Leaded gasoline with an octane rating one hundred ten (110) or higher used solely for off-highway testing; (iii) Oil that is: (a) Derived solely from plants or animals or any mixture of plants or animals; (b) Free from any petroleum products; and (c) Not chemically altered by distillation, transestrification, or other similar chemical process; or (iv) Oil that is: (a) Normally sold for cooking purposes and purchased from retail outlets; or (b) Used cooking oil recycled and gathered from restaurants and commercial food processors;

(A) "Motor fuel" means all products commonly or commercially known or sold as gasoline regardless of their classification or uses.

(B) "Motor fuel" includes casinghead, absorption, and natural gasoline and condensate when used without blending as a motor fuel or sold for use in motors directly or sold to those who blend for their own use.

(C) However, "motor fuel" does not include: (i) Casinghead, absorption, and natural gasoline and condensate when sold to be blended or compounded with other less volatile liquids in the manufacture of commercial gasoline for motor fuel; (ii) Leaded gasoline with an octane rating one hundred ten (110) or higher used solely for off-highway testing; (iii) Oil that is: (a) Derived solely from plants or animals or any mixture of plants or animals; (b) Free from any petroleum products; and (c) Not chemically altered by distillation, transestrification, or other similar chemical process; or (iv) Oil that is: (a) Normally sold for cooking purposes and purchased from retail outlets; or (b) Used cooking oil recycled and gathered from restaurants and commercial food processors;

(i) Casinghead, absorption, and natural gasoline and condensate when sold to be blended or compounded with other less volatile liquids in the manufacture of commercial gasoline for motor fuel;

(ii) Leaded gasoline with an octane rating one hundred ten (110) or higher used solely for off-highway testing;

(iii) Oil that is: (a) Derived solely from plants or animals or any mixture of plants or animals; (b) Free from any petroleum products; and (c) Not chemically altered by distillation, transestrification, or other similar chemical process; or

(a) Derived solely from plants or animals or any mixture of plants or animals;

(b) Free from any petroleum products; and

(c) Not chemically altered by distillation, transestrification, or other similar chemical process; or

(iv) Oil that is: (a) Normally sold for cooking purposes and purchased from retail outlets; or (b) Used cooking oil recycled and gathered from restaurants and commercial food processors;

(a) Normally sold for cooking purposes and purchased from retail outlets; or

(b) Used cooking oil recycled and gathered from restaurants and commercial food processors;

(8) "Motor vehicle" means all vehicles, engines, machines, or mechanical contrivances which are propelled by internal combustion engines or motors and used for travel on public roads and public highways;

(9) "Person" includes any individual, company, partnership, limited liability company, joint venture, joint agreement, mutual or other association, corporation, estate, trust, business trust, receiver or trustee appointed by any state, federal, or other court, syndicate, this state, any county, city, municipality, school district, or any other political subdivision of this state or group or combination acting as a unit, in the plural or singular number;

(10) (A) "Pipeline importer" means a distributor who imports motor fuel by common carrier pipeline, barge, or rail. (B) A distributor who imports motor fuel exclusively by motor vehicle tank truck is not a pipeline importer;

(A) "Pipeline importer" means a distributor who imports motor fuel by common carrier pipeline, barge, or rail.

(B) A distributor who imports motor fuel exclusively by motor vehicle tank truck is not a pipeline importer;

(11) "Public highways" means every way or place of whatever nature, generally open to the use of the public as a matter of right, for the purposes of vehicular travel, and notwithstanding that it may be temporarily closed for the purpose of construction, reconstruction, maintenance, or repair;

(12) "Purchase" includes any acquisition of ownership;

(13) "Received" means: (A) Motor fuel produced, refined, prepared, distilled, manufactured, blended, or compounded at any refinery at any place in the State of Arkansas by any person shall be deemed to be received by the person when the motor fuel shall have been loaded at the refinery or other place into tank cars, ships, or barges, or when the motor fuel shall have been placed in any tank at or by the refinery from which any withdrawals are made direct into tank trucks, tank wagons, pipelines, or other types of transportation equipment, containers, or facilities other than tank cars, ships, or barges, or from which any sales or deliveries not involving transportation are made directly; (B) Motor fuel imported into the State of Arkansas from any other state, territory, or foreign country by vessel and delivered in that vessel to any person, at a marine terminal in the State of Arkansas for storage, or so imported by pipeline and delivered to any person by the pipeline or a connecting pipeline at a pipeline terminal or pipeline tank farm in the State of Arkansas for storage, shall be deemed to have been received by the person when the motor fuel shall have been loaded into tank cars, ships, or barges at the marine or pipeline terminal or tank farm for any purpose, or when the motor fuel shall have been placed in any tank of less than one hundred thousand gallons (100,000 gals.) capacity thereat, or elsewhere by the person, or when the motor fuel shall have been placed in any tank thereat, or elsewhere by the person, from which any withdrawals are made direct into tank trucks, tank wagons, pipelines or other types of transportation equipment, containers, or facilities other than tank cars, ships, or barges or from which tank any sales or deliveries not involving transportation are made directly, but not before; (C) Motor fuel purchased in a tank car which shall be unloaded in the State of Arkansas shall be deemed to be received at the time when and place where the tank car is unloaded, but not before; (D) (i) Motor fuel imported by any person into this state from any other state, territory, or foreign country, other than by vessel for storage at marine terminals as set forth in this section, or by pipeline for storage at pipeline terminals or pipeline tank farms as hereinbefore set forth, or by tank car, shall be deemed to be received, in the case of motor fuel imported from a foreign country, at the time when and the place where the motor fuel shall be withdrawn from the original container in which the motor fuel was imported, but not before, and shall be deemed to be received in the case of motor fuel imported from another state or territory of the United States at the time when and the place where the interstate transportation of the motor fuel shall have been completed within this state, but not before. (ii) However, nothing in this subdivision (13) shall be construed to allow the transportation of gasoline by any person without first having secured the proper and necessary permit for the transportation from the secretary; and (E) Motor fuel purchased by one (1) duly licensed distributor from another duly licensed distributor shall be deemed to be received by the distributor purchasing the motor fuel at the time title to the motor fuel passes;

(A) Motor fuel produced, refined, prepared, distilled, manufactured, blended, or compounded at any refinery at any place in the State of Arkansas by any person shall be deemed to be received by the person when the motor fuel shall have been loaded at the refinery or other place into tank cars, ships, or barges, or when the motor fuel shall have been placed in any tank at or by the refinery from which any withdrawals are made direct into tank trucks, tank wagons, pipelines, or other types of transportation equipment, containers, or facilities other than tank cars, ships, or barges, or from which any sales or deliveries not involving transportation are made directly;

(B) Motor fuel imported into the State of Arkansas from any other state, territory, or foreign country by vessel and delivered in that vessel to any person, at a marine terminal in the State of Arkansas for storage, or so imported by pipeline and delivered to any person by the pipeline or a connecting pipeline at a pipeline terminal or pipeline tank farm in the State of Arkansas for storage, shall be deemed to have been received by the person when the motor fuel shall have been loaded into tank cars, ships, or barges at the marine or pipeline terminal or tank farm for any purpose, or when the motor fuel shall have been placed in any tank of less than one hundred thousand gallons (100,000 gals.) capacity thereat, or elsewhere by the person, or when the motor fuel shall have been placed in any tank thereat, or elsewhere by the person, from which any withdrawals are made direct into tank trucks, tank wagons, pipelines or other types of transportation equipment, containers, or facilities other than tank cars, ships, or barges or from which tank any sales or deliveries not involving transportation are made directly, but not before;

(C) Motor fuel purchased in a tank car which shall be unloaded in the State of Arkansas shall be deemed to be received at the time when and place where the tank car is unloaded, but not before;

(D) (i) Motor fuel imported by any person into this state from any other state, territory, or foreign country, other than by vessel for storage at marine terminals as set forth in this section, or by pipeline for storage at pipeline terminals or pipeline tank farms as hereinbefore set forth, or by tank car, shall be deemed to be received, in the case of motor fuel imported from a foreign country, at the time when and the place where the motor fuel shall be withdrawn from the original container in which the motor fuel was imported, but not before, and shall be deemed to be received in the case of motor fuel imported from another state or territory of the United States at the time when and the place where the interstate transportation of the motor fuel shall have been completed within this state, but not before. (ii) However, nothing in this subdivision (13) shall be construed to allow the transportation of gasoline by any person without first having secured the proper and necessary permit for the transportation from the secretary; and

(i) Motor fuel imported by any person into this state from any other state, territory, or foreign country, other than by vessel for storage at marine terminals as set forth in this section, or by pipeline for storage at pipeline terminals or pipeline tank farms as hereinbefore set forth, or by tank car, shall be deemed to be received, in the case of motor fuel imported from a foreign country, at the time when and the place where the motor fuel shall be withdrawn from the original container in which the motor fuel was imported, but not before, and shall be deemed to be received in the case of motor fuel imported from another state or territory of the United States at the time when and the place where the interstate transportation of the motor fuel shall have been completed within this state, but not before.

(ii) However, nothing in this subdivision (13) shall be construed to allow the transportation of gasoline by any person without first having secured the proper and necessary permit for the transportation from the secretary; and

(E) Motor fuel purchased by one (1) duly licensed distributor from another duly licensed distributor shall be deemed to be received by the distributor purchasing the motor fuel at the time title to the motor fuel passes;

(14) "Sale" includes any exchange, gift, or other disposition; and

(15) "Terminal" means every person in the business of withdrawing or removing motor fuel from any pipeline outlet in this state and then storing the motor fuel in any type of storage container.

Amended by Act 2019, No. 315,§ 3005, eff. 7/24/2019.

Acts 1941, No. 383, § 2; 1943, No. 254, § 1; 1957, No. 352, § 1; 1967, No. 198, § 1; 1977, No. 346, § 3; A.S.A. 1947, § 75-1102; Acts 1987, No. 763, § 2; 1993, No. 1029, § 1; 1995, No. 1160, § 26; 2001, No. 1035, § 1; 2007, No. 690, § 1.
Ark. Code Ann. § 26-19-103 — AR Code / Title 26 / Chapter 19 / Section 26-19-103
Authority of Secretary of the Department of Finance and Administration
Status: in_force

The Secretary of the Department of Finance and Administration is authorized to require, and to contract for services necessary to implement, payment of taxes as specified in this subchapter by electronic funds transfer. Provided, however, that this subchapter shall not be construed to require the secretary to contract for such services or implement a system for payment of any taxes by electronic funds transfer if the secretary determines that it is fiscally unsound or administratively burdensome to do so. Amended by Act 2019, No. 910,§ 3662, eff. 7/1/2019. Acts 1993, No. 848, § 3.

The Secretary of the Department of Finance and Administration is authorized to require, and to contract for services necessary to implement, payment of taxes as specified in this subchapter by electronic funds transfer. Provided, however, that this subchapter shall not be construed to require the secretary to contract for such services or implement a system for payment of any taxes by electronic funds transfer if the secretary determines that it is fiscally unsound or administratively burdensome to do so.

Amended by Act 2019, No. 910,§ 3662, eff. 7/1/2019.

Acts 1993, No. 848, § 3.
Ark. Code Ann. § 26-51-424 — AR Code / Title 26 / Chapter 51 / Subchapter 4 / Section 26-51-424
Deductions - Losses
Status: in_force

(a) (1) In computing net income there shall be allowed as a deduction any loss sustained during the income year and not compensated for by insurance or otherwise. (2) In the case of an individual, the deduction under subdivision (a)(1) of this section shall be limited to: (A) Losses incurred in a trade or business; or (B) Losses incurred in any transaction entered into for profit, though not connected with the trade or business, including without limitation gambling losses, which are: (i) Deductible to the extent of gambling winnings; and (ii) Not subject to the two percent (2%) limitation on miscellaneous itemized deductions. (b) Title 26 U.S.C. § 165(h) and (i) , as in effect on January 1, 2009, regarding losses arising from a casualty or a disaster, are adopted for the purpose of computing Arkansas income tax liability. (c) Title 26 U.S.C. § 183 , as in effect on January 1, 1999, regarding hobby losses, is adopted for the purpose of computing Arkansas income tax liability. Amended by Act 2017, No. 155,§ 21, eff. for tax years beginning on and after 1/1/2015. Acts 1929, No. 118, Art. 3, § 13; Pope's Dig., § 14036; Acts 1957, No. 147, § 1; 1983, No. 379, § 10; A.S.A. 1947, § 84-2016; Acts 1999, No. 1126, § 31; 2009, No. 372, § 17.

(a) (1) In computing net income there shall be allowed as a deduction any loss sustained during the income year and not compensated for by insurance or otherwise. (2) In the case of an individual, the deduction under subdivision (a)(1) of this section shall be limited to: (A) Losses incurred in a trade or business; or (B) Losses incurred in any transaction entered into for profit, though not connected with the trade or business, including without limitation gambling losses, which are: (i) Deductible to the extent of gambling winnings; and (ii) Not subject to the two percent (2%) limitation on miscellaneous itemized deductions.

(1) In computing net income there shall be allowed as a deduction any loss sustained during the income year and not compensated for by insurance or otherwise.

(2) In the case of an individual, the deduction under subdivision (a)(1) of this section shall be limited to: (A) Losses incurred in a trade or business; or (B) Losses incurred in any transaction entered into for profit, though not connected with the trade or business, including without limitation gambling losses, which are: (i) Deductible to the extent of gambling winnings; and (ii) Not subject to the two percent (2%) limitation on miscellaneous itemized deductions.

(A) Losses incurred in a trade or business; or

(B) Losses incurred in any transaction entered into for profit, though not connected with the trade or business, including without limitation gambling losses, which are: (i) Deductible to the extent of gambling winnings; and (ii) Not subject to the two percent (2%) limitation on miscellaneous itemized deductions.

(i) Deductible to the extent of gambling winnings; and

(ii) Not subject to the two percent (2%) limitation on miscellaneous itemized deductions.

(b) Title 26 U.S.C. § 165(h) and (i) , as in effect on January 1, 2009, regarding losses arising from a casualty or a disaster, are adopted for the purpose of computing Arkansas income tax liability.

(c) Title 26 U.S.C. § 183 , as in effect on January 1, 1999, regarding hobby losses, is adopted for the purpose of computing Arkansas income tax liability.

Amended by Act 2017, No. 155,§ 21, eff. for tax years beginning on and after 1/1/2015.

Acts 1929, No. 118, Art. 3, § 13; Pope's Dig., § 14036; Acts 1957, No. 147, § 1; 1983, No. 379, § 10; A.S.A. 1947, § 84-2016; Acts 1999, No. 1126, § 31; 2009, No. 372, § 17.
Ark. Code Ann. § 26-56-232 — AR Code / Title 26 / Chapter 56 / Subchapter 2 / Section 26-56-232
Electronic reports - Electronic funds transfer
Status: in_force

(a) The Secretary of the Department of Finance and Administration shall make all necessary preparations in order that all reports submitted by: (1) Distributors of motor fuel, as required by the Motor Fuel Tax Law, § 26-55-201 et seq.; (2) Suppliers of distillate special fuel and liquefied gas special fuels, as required by this chapter; (3) Alternative fuel suppliers, as required by the Alternative Fuels Tax Law, § 26-62-101 et seq.; and (4) All other persons required to submit any type of reports to the secretary pursuant to those tax laws, shall be submitted by electronic means and to ensure that the reports shall be processed electronically by the Department of Finance and Administration. (b) The secretary shall also make and promulgate rules to ensure that the distributors, suppliers, and alternative fuel suppliers remit all taxes due the state pursuant to those tax laws by electronic funds transfer. Amended by Act 2019, No. 315,§ 3028, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 4074, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4073, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4072, eff. 7/1/2019. Acts 1995, No. 954, § 2.

(a) The Secretary of the Department of Finance and Administration shall make all necessary preparations in order that all reports submitted by: (1) Distributors of motor fuel, as required by the Motor Fuel Tax Law, § 26-55-201 et seq.; (2) Suppliers of distillate special fuel and liquefied gas special fuels, as required by this chapter; (3) Alternative fuel suppliers, as required by the Alternative Fuels Tax Law, § 26-62-101 et seq.; and (4) All other persons required to submit any type of reports to the secretary pursuant to those tax laws, shall be submitted by electronic means and to ensure that the reports shall be processed electronically by the Department of Finance and Administration.

(1) Distributors of motor fuel, as required by the Motor Fuel Tax Law, § 26-55-201 et seq.;

(2) Suppliers of distillate special fuel and liquefied gas special fuels, as required by this chapter;

(3) Alternative fuel suppliers, as required by the Alternative Fuels Tax Law, § 26-62-101 et seq.; and

(4) All other persons required to submit any type of reports to the secretary pursuant to those tax laws, shall be submitted by electronic means and to ensure that the reports shall be processed electronically by the Department of Finance and Administration.

shall be submitted by electronic means and to ensure that the reports shall be processed electronically by the Department of Finance and Administration.

(b) The secretary shall also make and promulgate rules to ensure that the distributors, suppliers, and alternative fuel suppliers remit all taxes due the state pursuant to those tax laws by electronic funds transfer.

Amended by Act 2019, No. 315,§ 3028, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 4074, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4073, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4072, eff. 7/1/2019.

Acts 1995, No. 954, § 2.
Ark. Code Ann. § 26-51-316 — AR Code / Title 26 / Chapter 51 / Subchapter 3 / Section 26-51-316
Disaster relief payments and rebates
Status: in_force

(a) There is allowed an exemption from the income tax imposed under this chapter for: (1) Payments made to a taxpayer by the United States Department of Agriculture under the Market Facilitation Program authorized by 15 U.S.C. § 714c , as it existed on January 1, 2020; and (2) Recovery rebates provided by the United States Department of the Treasury under Section 2201 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136. (b) Expenses for losses related to the receipt of a payment from the Market Facilitation Program to a taxpayer are not deductible or otherwise permitted to offset any other income from the tax year in which the loss or expenses are incurred. Added by Act 2020F, No. 95,§ 37, eff. 4/20/2020, and for tax years beginning on or after 1/1/2020 .

(a) There is allowed an exemption from the income tax imposed under this chapter for: (1) Payments made to a taxpayer by the United States Department of Agriculture under the Market Facilitation Program authorized by 15 U.S.C. § 714c , as it existed on January 1, 2020; and (2) Recovery rebates provided by the United States Department of the Treasury under Section 2201 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136.

(1) Payments made to a taxpayer by the United States Department of Agriculture under the Market Facilitation Program authorized by 15 U.S.C. § 714c , as it existed on January 1, 2020; and

(2) Recovery rebates provided by the United States Department of the Treasury under Section 2201 of the Coronavirus Aid, Relief, and Economic Security Act, Pub. L. No. 116-136.

(b) Expenses for losses related to the receipt of a payment from the Market Facilitation Program to a taxpayer are not deductible or otherwise permitted to offset any other income from the tax year in which the loss or expenses are incurred.

Added by Act 2020F, No. 95,§ 37, eff. 4/20/2020, and for tax years beginning on or after 1/1/2020 .
Ark. Code Ann. § 26-52-101 — AR Code / Title 26 / Chapter 52 / Subchapter 1 / Section 26-52-101
Title
Status: in_force

This chapter shall be known and cited as the "Arkansas Gross Receipts Act of 1941". Acts 1941, No. 386, § 1; A.S.A. 1947, § 84-1901; Acts 2003, No. 1273, § 3.

This chapter shall be known and cited as the "Arkansas Gross Receipts Act of 1941".

Acts 1941, No. 386, § 1; A.S.A. 1947, § 84-1901; Acts 2003, No. 1273, § 3.
Ark. Code Ann. § 26-74-603 — AR Code / Title 26 / Chapter 74 / Subchapter 6 / Section 26-74-603
Call for tax election
Status: in_force

(a) Any eligible county may by ordinance of its quorum court levy a countywide sales and use tax in the amount of one-eighth of one percent (0.125%), one-fourth of one percent (0.25%), one-half of one percent (0.5%), three-fourths of one percent (0.75%), or one percent (1%) to provide capital improvements to or the maintenance and operation of an eligible campus. (b) (1) No ordinance shall be adopted by the quorum court of an eligible county for the purpose of levying a tax under this subchapter unless the quorum court shall have been requested to adopt the ordinance by the local board and until a majority of the qualified electors of the eligible county voting on the question at a special election shall have approved levy of the tax. (2) The election shall be called by ordinance and proclamation issued in accordance with § 7-11-201 et seq. (3) The ballot for the election shall be subject to the approval of the local board. (c) (1) The quorum court of an eligible county levying a tax under this subchapter may refer to the voters of the county the question of an extension of the period during which the tax is to be levied and an extension of the period during which the tax cannot be repealed or reduced. (2) The end of the period for which the tax is levied shall be the last day of a calendar quarter. (3) The election to extend the period during which the tax authorized under this subchapter is to be levied and to extend the period during which the tax cannot be repealed or reduced shall be called by ordinance issued under § 7-11-201 et seq. (4) An election to extend the period of the levy of the tax and to extend the period during which the tax cannot be repealed or reduced is not an election on the levy of the tax. (d) The quorum court shall notify its county board of election commissioners that a measure has been referred to the vote of the people under this section and shall submit a copy of the ordinance calling the election and the proposed ballot language to its county board of election commissioners. Amended by Act 2013, No. 1087,§ 1, eff. 8/16/2013. Acts 2001, No. 1796, § 1; 2005, No. 2145, § 69; 2007, No. 1049, § 91; 2009, No. 1480, § 110.

(a) Any eligible county may by ordinance of its quorum court levy a countywide sales and use tax in the amount of one-eighth of one percent (0.125%), one-fourth of one percent (0.25%), one-half of one percent (0.5%), three-fourths of one percent (0.75%), or one percent (1%) to provide capital improvements to or the maintenance and operation of an eligible campus.

(b) (1) No ordinance shall be adopted by the quorum court of an eligible county for the purpose of levying a tax under this subchapter unless the quorum court shall have been requested to adopt the ordinance by the local board and until a majority of the qualified electors of the eligible county voting on the question at a special election shall have approved levy of the tax. (2) The election shall be called by ordinance and proclamation issued in accordance with § 7-11-201 et seq. (3) The ballot for the election shall be subject to the approval of the local board.

(1) No ordinance shall be adopted by the quorum court of an eligible county for the purpose of levying a tax under this subchapter unless the quorum court shall have been requested to adopt the ordinance by the local board and until a majority of the qualified electors of the eligible county voting on the question at a special election shall have approved levy of the tax.

(2) The election shall be called by ordinance and proclamation issued in accordance with § 7-11-201 et seq.

(3) The ballot for the election shall be subject to the approval of the local board.

(c) (1) The quorum court of an eligible county levying a tax under this subchapter may refer to the voters of the county the question of an extension of the period during which the tax is to be levied and an extension of the period during which the tax cannot be repealed or reduced. (2) The end of the period for which the tax is levied shall be the last day of a calendar quarter. (3) The election to extend the period during which the tax authorized under this subchapter is to be levied and to extend the period during which the tax cannot be repealed or reduced shall be called by ordinance issued under § 7-11-201 et seq. (4) An election to extend the period of the levy of the tax and to extend the period during which the tax cannot be repealed or reduced is not an election on the levy of the tax.

(1) The quorum court of an eligible county levying a tax under this subchapter may refer to the voters of the county the question of an extension of the period during which the tax is to be levied and an extension of the period during which the tax cannot be repealed or reduced.

(2) The end of the period for which the tax is levied shall be the last day of a calendar quarter.

(3) The election to extend the period during which the tax authorized under this subchapter is to be levied and to extend the period during which the tax cannot be repealed or reduced shall be called by ordinance issued under § 7-11-201 et seq.

(4) An election to extend the period of the levy of the tax and to extend the period during which the tax cannot be repealed or reduced is not an election on the levy of the tax.

(d) The quorum court shall notify its county board of election commissioners that a measure has been referred to the vote of the people under this section and shall submit a copy of the ordinance calling the election and the proposed ballot language to its county board of election commissioners.

Amended by Act 2013, No. 1087,§ 1, eff. 8/16/2013.

Acts 2001, No. 1796, § 1; 2005, No. 2145, § 69; 2007, No. 1049, § 91; 2009, No. 1480, § 110.
Ark. Code Ann. § 26-36-305 — AR Code / Title 26 / Chapter 36 / Subchapter 3 / Section 26-36-305
Setoffs for claimant agencies
Status: in_force

Subject to the limitations contained in this subchapter, the Revenue Division of the Department of Finance and Administration shall, upon request, render assistance in the collection of any delinquent account or debt owing to any claimant agency. This assistance shall be provided by setting off any refunds due the debtor from the division by the sum certified by the claimant agency as due and owing. Acts 1983, No. 372, § 5; A.S.A. 1947, § 84-4905.

Subject to the limitations contained in this subchapter, the Revenue Division of the Department of Finance and Administration shall, upon request, render assistance in the collection of any delinquent account or debt owing to any claimant agency. This assistance shall be provided by setting off any refunds due the debtor from the division by the sum certified by the claimant agency as due and owing.

Acts 1983, No. 372, § 5; A.S.A. 1947, § 84-4905.
Ark. Code Ann. § 26-74-211 — AR Code / Title 26 / Chapter 74 / Subchapter 2 / Section 26-74-211
Notification of results
Status: in_force

(a) Within ten (10) days after the certification of the votes of any election resulting in the adoption or abolition of a tax levied pursuant to this subchapter and ninety (90) days before its effective date, the county court shall notify the Secretary of the Department of Finance and Administration of the results. (b) A rate change will be effective only on the first day of a calendar quarter after a minimum of sixty (60) days' notice by the secretary to sellers. (c) A rate change on a purchase from a printed catalog in which the purchaser computed the tax based upon local tax rates published in the catalog will be applicable on the first day of a calendar quarter after a minimum of one hundred twenty (120) days' notice by the secretary to the sellers. (d) For sales and use tax purposes only, a local boundary change will become effective on the first day of a calendar quarter after a minimum of sixty (60) days' notice by the secretary to sellers. Amended by Act 2019, No. 910,§ 4371, eff. 7/1/2019. Acts 1981 (1st Ex. Sess.), No. 26 § 9; A.S.A. 1947, § 17-2029; Acts 2003, No. 383, § 3; 2003, No. 1273, § 35.

(a) Within ten (10) days after the certification of the votes of any election resulting in the adoption or abolition of a tax levied pursuant to this subchapter and ninety (90) days before its effective date, the county court shall notify the Secretary of the Department of Finance and Administration of the results.

(b) A rate change will be effective only on the first day of a calendar quarter after a minimum of sixty (60) days' notice by the secretary to sellers.

(c) A rate change on a purchase from a printed catalog in which the purchaser computed the tax based upon local tax rates published in the catalog will be applicable on the first day of a calendar quarter after a minimum of one hundred twenty (120) days' notice by the secretary to the sellers.

(d) For sales and use tax purposes only, a local boundary change will become effective on the first day of a calendar quarter after a minimum of sixty (60) days' notice by the secretary to sellers.

Amended by Act 2019, No. 910,§ 4371, eff. 7/1/2019.

Acts 1981 (1st Ex. Sess.), No. 26 § 9; A.S.A. 1947, § 17-2029; Acts 2003, No. 383, § 3; 2003, No. 1273, § 35.
Ark. Code Ann. § 26-57-266 — AR Code / Title 26 / Chapter 57 / Subchapter 2 / Section 26-57-266
Enforcement agents - Selection - Qualifications - Authority
Status: in_force

(a) Arkansas Tobacco Control is designated as a law enforcement agency. (b) The Director of Arkansas Tobacco Control shall assign personnel as agents of Arkansas Tobacco Control to conduct investigations of violations of tobacco laws in this state. (c) Personnel assigned as agents of Arkansas Tobacco Control shall: (1) Be considered fulltime law enforcement officers by the Arkansas Commission on Law Enforcement Standards and Training under § 12-9-101 et seq.; and (2) Have statewide law enforcement authority. Added by Act 2015, No. 1235,§ 27, eff. 5/1/2015.

(a) Arkansas Tobacco Control is designated as a law enforcement agency.

(b) The Director of Arkansas Tobacco Control shall assign personnel as agents of Arkansas Tobacco Control to conduct investigations of violations of tobacco laws in this state.

(c) Personnel assigned as agents of Arkansas Tobacco Control shall: (1) Be considered fulltime law enforcement officers by the Arkansas Commission on Law Enforcement Standards and Training under § 12-9-101 et seq.; and (2) Have statewide law enforcement authority.

(1) Be considered fulltime law enforcement officers by the Arkansas Commission on Law Enforcement Standards and Training under § 12-9-101 et seq.; and

(2) Have statewide law enforcement authority.

Added by Act 2015, No. 1235,§ 27, eff. 5/1/2015.
Ark. Code Ann. § 26-52-801 — AR Code / Title 26 / Chapter 52 / Subchapter 8 / Section 26-52-801
Definitions
Status: in_force

As used in this subchapter: (1) "Acquisition price" means the purchase price of the new manufactured home or modular home to be paid by the purchaser as set forth on the actual invoice or bill of sale, excluding transportation and delivery fees, installation fees, and other items or services that are to be included as part of the final sale of the new manufactured home or modular home by the retailer before the consideration of a trade-in allowance or down payment paid in cash or otherwise; (2) "Manufactured home" means a factory-built structure produced in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq., and designed to be used as a dwelling unit; (3) "Mobile home" means a structure built in a factory prior to the enactment of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq., and designed to be used as a dwelling unit; and (4) "Modular home" means a factory-built structure produced in accordance to state or local construction codes and standards and designed to be used as a dwelling unit. Acts 1985, No. 1068, § 1; A.S.A. 1947, § 84-1936.1; Acts 2003, No. 365, § 1; 2005, No. 2254, § 1; 2009, No. 384, § 9.

As used in this subchapter:

(1) "Acquisition price" means the purchase price of the new manufactured home or modular home to be paid by the purchaser as set forth on the actual invoice or bill of sale, excluding transportation and delivery fees, installation fees, and other items or services that are to be included as part of the final sale of the new manufactured home or modular home by the retailer before the consideration of a trade-in allowance or down payment paid in cash or otherwise;

(2) "Manufactured home" means a factory-built structure produced in accordance with the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq., and designed to be used as a dwelling unit;

(3) "Mobile home" means a structure built in a factory prior to the enactment of the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. § 5401 et seq., and designed to be used as a dwelling unit; and

(4) "Modular home" means a factory-built structure produced in accordance to state or local construction codes and standards and designed to be used as a dwelling unit.

Acts 1985, No. 1068, § 1; A.S.A. 1947, § 84-1936.1; Acts 2003, No. 365, § 1; 2005, No. 2254, § 1; 2009, No. 384, § 9.
Ark. Code Ann. § 26-60-109 — AR Code / Title 26 / Chapter 60 / Section 26-60-109
Documentary stamps or symbols
Status: in_force

(a) The Secretary of the Department of Finance and Administration shall: (1) Design documentary stamps or documentary symbols in appropriate denominations; and (2) Make the documentary stamps and documentary symbols available for purchase at offices of the Revenue Division of the Department of Finance and Administration and by consignment arrangement with title companies, banks, and savings and loan associations throughout the state. (b) The secretary may: (1) (A) Investigate the possibility of replacing or supplementing the paper documentary stamps presently used as proof of compliance with the real property transfer tax with alternative proofs of payment, including without limitation ink-based or computer-generated symbols to be placed on instruments evidencing a transfer of real property. (B) The secretary shall collaborate with attorneys at law, representatives of title companies, county recorders, and other interested parties to recommend possible alternative methods of providing proof of payment of the real property transfer tax. (C) If an investigation is undertaken, the secretary shall complete the investigation by July 1, 2012; and (2) (A) Promulgate rules to implement alternative methods of providing proof of payment of the real property transfer tax that ensure that the grantee is in full compliance with the law. (B) Before promulgating any rules, the secretary shall report the finding of the investigation authorized under § 26-60-107(f)(1) to the Speaker of the House of Representatives and the President Pro Tempore of the Senate if the General Assembly is in session or to the Legislative Council during the interim. Amended by Act 2019, No. 910,§ 4300, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4299, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4298, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 4297, eff. 7/1/2019. Acts 1971, No. 275, § 5; 1971, No. 398, § 1; 1985, No. 926, § 4; 1985, No. 1063, §§ 1, 3; 1985, No. 1081, § 3; A.S.A. 1947, § 84-4305; Acts 1989, No. 513, § 1; 2005, No. 260, § 1; 2011, No. 700, § 3.

(a) The Secretary of the Department of Finance and Administration shall: (1) Design documentary stamps or documentary symbols in appropriate denominations; and (2) Make the documentary stamps and documentary symbols available for purchase at offices of the Revenue Division of the Department of Finance and Administration and by consignment arrangement with title companies, banks, and savings and loan associations throughout the state.

(1) Design documentary stamps or documentary symbols in appropriate denominations; and

(2) Make the documentary stamps and documentary symbols available for purchase at offices of the Revenue Division of the Department of Finance and Administration and by consignment arrangement with title companies, banks, and savings and loan associations throughout the state.

(b) The secretary may: (1) (A) Investigate the possibility of replacing or supplementing the paper documentary stamps presently used as proof of compliance with the real property transfer tax with alternative proofs of payment, including without limitation ink-based or computer-generated symbols to be placed on instruments evidencing a transfer of real property. (B) The secretary shall collaborate with attorneys at law, representatives of title companies, county recorders, and other interested parties to recommend possible alternative methods of providing proof of payment of the real property transfer tax. (C) If an investigation is undertaken, the secretary shall complete the investigation by July 1, 2012; and (2) (A) Promulgate rules to implement alternative methods of providing proof of payment of the real property transfer tax that ensure that the grantee is in full compliance with the law. (B) Before promulgating any rules, the secretary shall report the finding of the investigation authorized under § 26-60-107(f)(1) to the Speaker of the House of Representatives and the President Pro Tempore of the Senate if the General Assembly is in session or to the Legislative Council during the interim.

(1) (A) Investigate the possibility of replacing or supplementing the paper documentary stamps presently used as proof of compliance with the real property transfer tax with alternative proofs of payment, including without limitation ink-based or computer-generated symbols to be placed on instruments evidencing a transfer of real property. (B) The secretary shall collaborate with attorneys at law, representatives of title companies, county recorders, and other interested parties to recommend possible alternative methods of providing proof of payment of the real property transfer tax. (C) If an investigation is undertaken, the secretary shall complete the investigation by July 1, 2012; and

(A) Investigate the possibility of replacing or supplementing the paper documentary stamps presently used as proof of compliance with the real property transfer tax with alternative proofs of payment, including without limitation ink-based or computer-generated symbols to be placed on instruments evidencing a transfer of real property.

(B) The secretary shall collaborate with attorneys at law, representatives of title companies, county recorders, and other interested parties to recommend possible alternative methods of providing proof of payment of the real property transfer tax.

(C) If an investigation is undertaken, the secretary shall complete the investigation by July 1, 2012; and

(2) (A) Promulgate rules to implement alternative methods of providing proof of payment of the real property transfer tax that ensure that the grantee is in full compliance with the law. (B) Before promulgating any rules, the secretary shall report the finding of the investigation authorized under § 26-60-107(f)(1) to the Speaker of the House of Representatives and the President Pro Tempore of the Senate if the General Assembly is in session or to the Legislative Council during the interim.

(A) Promulgate rules to implement alternative methods of providing proof of payment of the real property transfer tax that ensure that the grantee is in full compliance with the law.

(B) Before promulgating any rules, the secretary shall report the finding of the investigation authorized under § 26-60-107(f)(1) to the Speaker of the House of Representatives and the President Pro Tempore of the Senate if the General Assembly is in session or to the Legislative Council during the interim.

Amended by Act 2019, No. 910,§ 4300, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4299, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4298, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 4297, eff. 7/1/2019.

Acts 1971, No. 275, § 5; 1971, No. 398, § 1; 1985, No. 926, § 4; 1985, No. 1063, §§ 1, 3; 1985, No. 1081, § 3; A.S.A. 1947, § 84-4305; Acts 1989, No. 513, § 1; 2005, No. 260, § 1; 2011, No. 700, § 3.
Ark. Code Ann. § 26-74-220 — AR Code / Title 26 / Chapter 74 / Subchapter 2 / Section 26-74-220
Maximum tax limitation
Status: in_force

(a) (1) Any county general sales or use tax levied pursuant to this subchapter shall be levied and collected only on the first two thousand five hundred dollars ($2,500) of gross receipts, gross proceeds, or sales price on the sale of a: (A) Motor vehicle; (B) Aircraft; (C) Watercraft; (D) Modular home; (E) Manufactured home; or (F) Mobile home. (2) A vendor shall be responsible for collecting and remitting the tax only on the first two thousand five hundred dollars ($2,500) of gross receipts, gross proceeds, or sales price on the sale of a: (A) Motor vehicle; (B) Aircraft; (C) Watercraft; (D) Modular home; (E) Manufactured home; or (F) Mobile home. (b) (1) Each vendor who is liable for one (1) or more county sales or use taxes shall report a combined county sales tax and a combined county use tax on his or her sales and use tax report. (2) The combined county sales tax is equal to the sum of all sales taxes levied by a county under this subchapter or any other provision of the Arkansas Code. (3) The combined county use tax is equal to the sum of all use taxes levied by a county under this subchapter or any other provision of the Arkansas Code. (c) This section applies only to a tax collected by the Secretary of the Department of Finance and Administration. Amended by Act 2019, No. 910,§ 4379, eff. 7/1/2019. Acts 1983, No. 802, §§ 1, 2; A.S.A. 1947, §§ 17-2044, 17-2045; Acts 1993, No. 669, § 3; 1997, No. 1176, § 5; 1999, No. 1137, § 3; 2003, No. 1273, § 38.

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

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

(A) Motor vehicle;

(B) Aircraft;

(C) Watercraft;

(D) Modular home;

(E) Manufactured home; or

(F) Mobile home.

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

(A) Motor vehicle;

(B) Aircraft;

(C) Watercraft;

(D) Modular home;

(E) Manufactured home; or

(F) Mobile home.

(b) (1) Each vendor who is liable for one (1) or more county sales or use taxes shall report a combined county sales tax and a combined county use tax on his or her sales and use tax report. (2) The combined county sales tax is equal to the sum of all sales taxes levied by a county under this subchapter or any other provision of the Arkansas Code. (3) The combined county use tax is equal to the sum of all use taxes levied by a county under this subchapter or any other provision of the Arkansas Code.

(1) Each vendor who is liable for one (1) or more county sales or use taxes shall report a combined county sales tax and a combined county use tax on his or her sales and use tax report.

(2) The combined county sales tax is equal to the sum of all sales taxes levied by a county under this subchapter or any other provision of the Arkansas Code.

(3) The combined county use tax is equal to the sum of all use taxes levied by a county under this subchapter or any other provision of the Arkansas Code.

(c) This section applies only to a tax collected by the Secretary of the Department of Finance and Administration.

Amended by Act 2019, No. 910,§ 4379, eff. 7/1/2019.

Acts 1983, No. 802, §§ 1, 2; A.S.A. 1947, §§ 17-2044, 17-2045; Acts 1993, No. 669, § 3; 1997, No. 1176, § 5; 1999, No. 1137, § 3; 2003, No. 1273, § 38.
Ark. Code Ann. § 26-52-446 — AR Code / Title 26 / Chapter 52 / Subchapter 4 / Section 26-52-446
Grain drying and storage facilities - Definition
Status: in_force

(a) As used in this section, "utility" means electricity, liquefied petroleum gas, and natural gas. (b) (1) The gross receipts or gross proceeds derived from the sale of a utility used by a grain drying and storage facility are exempt from the gross receipts tax levied by this chapter, and the compensating use tax levied by the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq. (2) A utility sold for a purpose other than the purposes stated in subdivision (b)(1) of this section is subject to the full gross receipts tax levied by this chapter, and the full compensating use tax levied by the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq. (c) (1) A utility subject to the exemption provided under this section shall be separately metered from a utility used for any other purpose by the taxpayer. (2) However, the rules promulgated under subsection (e) of this section may establish additional or alternate requirements for the metering of utilities under this section. (d) Before allowing the exemption of a utility under this section, the Secretary of the Department of Finance and Administration may require a seller of a utility to obtain a certificate from the taxpayer in the form prescribed by the secretary, certifying that the taxpayer is eligible for the exemption. (e) The secretary shall promulgate rules for the proper administration of this section. Amended by Act 2019, No. 910,§ 3859, eff. 7/1/2019. Added by Act 2013, No. 1401,§ 1, eff. 7/1/2014.

(a) As used in this section, "utility" means electricity, liquefied petroleum gas, and natural gas.

(b) (1) The gross receipts or gross proceeds derived from the sale of a utility used by a grain drying and storage facility are exempt from the gross receipts tax levied by this chapter, and the compensating use tax levied by the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq. (2) A utility sold for a purpose other than the purposes stated in subdivision (b)(1) of this section is subject to the full gross receipts tax levied by this chapter, and the full compensating use tax levied by the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.

(1) The gross receipts or gross proceeds derived from the sale of a utility used by a grain drying and storage facility are exempt from the gross receipts tax levied by this chapter, and the compensating use tax levied by the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.

(2) A utility sold for a purpose other than the purposes stated in subdivision (b)(1) of this section is subject to the full gross receipts tax levied by this chapter, and the full compensating use tax levied by the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.

(c) (1) A utility subject to the exemption provided under this section shall be separately metered from a utility used for any other purpose by the taxpayer. (2) However, the rules promulgated under subsection (e) of this section may establish additional or alternate requirements for the metering of utilities under this section.

(1) A utility subject to the exemption provided under this section shall be separately metered from a utility used for any other purpose by the taxpayer.

(2) However, the rules promulgated under subsection (e) of this section may establish additional or alternate requirements for the metering of utilities under this section.

(d) Before allowing the exemption of a utility under this section, the Secretary of the Department of Finance and Administration may require a seller of a utility to obtain a certificate from the taxpayer in the form prescribed by the secretary, certifying that the taxpayer is eligible for the exemption.

(e) The secretary shall promulgate rules for the proper administration of this section.

Amended by Act 2019, No. 910,§ 3859, eff. 7/1/2019.

Added by Act 2013, No. 1401,§ 1, eff. 7/1/2014.
Ark. Code Ann. § 26-37-306 — AR Code / Title 26 / Chapter 37 / Subchapter 3 / Section 26-37-306
[Repealed]
Status: repealed

Repealed by Act 2015, No. 1229,§ 2, eff. 7/22/2015. Acts 1877, No. 34, §§ 1-6, p. 29; 1879, No. 59, § 10, p. 70; C. & M. Dig., §§ 6696-6701; Pope's Dig., §§ 8666-8671; A.S.A. 1947, No. §§ 84-1211 -- 84-1216.

Repealed by Act 2015, No. 1229,§ 2, eff. 7/22/2015.

Acts 1877, No. 34, §§ 1-6, p. 29; 1879, No. 59, § 10, p. 70; C. & M. Dig., §§ 6696-6701; Pope's Dig., §§ 8666-8671; A.S.A. 1947, No. §§ 84-1211 -- 84-1216.
Ark. Code Ann. § 26-55-209 — AR Code / Title 26 / Chapter 55 / Subchapter 2 / Section 26-55-209
Local taxes prohibited
Status: in_force

No city, village, town, county, township, or other subdivision or municipal corporation of this state shall levy or collect any excise tax upon or measured by the sale, receipt, or distribution of motor fuel. Acts 1941, No. 383, § 28; A.S.A. 1947, § 75-1130.

No city, village, town, county, township, or other subdivision or municipal corporation of this state shall levy or collect any excise tax upon or measured by the sale, receipt, or distribution of motor fuel.

Acts 1941, No. 383, § 28; A.S.A. 1947, § 75-1130.
Ark. Code Ann. § 26-51-811 — AR Code / Title 26 / Chapter 51 / Subchapter 8 / Section 26-51-811
Information at source as to recipients of income
Status: in_force

(a) (1) Every individual, partnership, limited liability company, corporation, joint-stock company or association, or insurance company, being a resident or having a place of business in this state; members of a partnership or employees in whatever capacity acting, including lessees or mortgagees, of real or personal property; members or managers of limited liability companies or employees in whatever capacity acting; fiduciaries; employers and all officers and employees of this state, or of any political subdivision of this state, having the control, receipt, custody, disposal, or payment of interest, rent, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, or other fixed or determinable annual or periodical gains, profits, and income amounting to two thousand five hundred dollars ($2,500) or over, paid or payable during any year to any taxpayer shall make complete returns under oath to the Secretary of the Department of Finance and Administration, under such rules and in such form and manner and to such extent as may be prescribed by the secretary with the approval of the Governor. (2) Unless the income is so reported, the secretary may disallow such payments as deductions or credits in computing the tax of the payer. (b) The returns may be required, regardless of amounts: (1) In the case of payments of interest upon bonds, mortgages, deeds of trust, or other similar obligations of corporations; and (2) In the case of dividends paid by corporations. (c) When necessary to make effective the provisions of this section, the name and address of the recipient of income shall be furnished upon demand of the person paying the income. (d) The provisions of this section shall not apply to the payment of interest obligations not taxable under the Income Tax Act of 1929, § 26-51-101 et seq. Amended by Act 2019, No. 315,§ 2971, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3743, eff. 7/1/2019. Acts 1929, No. 118, Art. 4, § 21; Pope's Dig., § 14044; Acts 1939, No. 140, § 3; 1947, No. 335, § 2; A.S.A. 1947, § 84-2026; Acts 1995, No. 1160, § 18.

(a) (1) Every individual, partnership, limited liability company, corporation, joint-stock company or association, or insurance company, being a resident or having a place of business in this state; members of a partnership or employees in whatever capacity acting, including lessees or mortgagees, of real or personal property; members or managers of limited liability companies or employees in whatever capacity acting; fiduciaries; employers and all officers and employees of this state, or of any political subdivision of this state, having the control, receipt, custody, disposal, or payment of interest, rent, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, or other fixed or determinable annual or periodical gains, profits, and income amounting to two thousand five hundred dollars ($2,500) or over, paid or payable during any year to any taxpayer shall make complete returns under oath to the Secretary of the Department of Finance and Administration, under such rules and in such form and manner and to such extent as may be prescribed by the secretary with the approval of the Governor. (2) Unless the income is so reported, the secretary may disallow such payments as deductions or credits in computing the tax of the payer.

(1) Every individual, partnership, limited liability company, corporation, joint-stock company or association, or insurance company, being a resident or having a place of business in this state; members of a partnership or employees in whatever capacity acting, including lessees or mortgagees, of real or personal property; members or managers of limited liability companies or employees in whatever capacity acting; fiduciaries; employers and all officers and employees of this state, or of any political subdivision of this state, having the control, receipt, custody, disposal, or payment of interest, rent, salaries, wages, premiums, annuities, compensations, remunerations, emoluments, or other fixed or determinable annual or periodical gains, profits, and income amounting to two thousand five hundred dollars ($2,500) or over, paid or payable during any year to any taxpayer shall make complete returns under oath to the Secretary of the Department of Finance and Administration, under such rules and in such form and manner and to such extent as may be prescribed by the secretary with the approval of the Governor.

(2) Unless the income is so reported, the secretary may disallow such payments as deductions or credits in computing the tax of the payer.

(b) The returns may be required, regardless of amounts: (1) In the case of payments of interest upon bonds, mortgages, deeds of trust, or other similar obligations of corporations; and (2) In the case of dividends paid by corporations.

(1) In the case of payments of interest upon bonds, mortgages, deeds of trust, or other similar obligations of corporations; and

(2) In the case of dividends paid by corporations.

(c) When necessary to make effective the provisions of this section, the name and address of the recipient of income shall be furnished upon demand of the person paying the income.

(d) The provisions of this section shall not apply to the payment of interest obligations not taxable under the Income Tax Act of 1929, § 26-51-101 et seq.

Amended by Act 2019, No. 315,§ 2971, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3743, eff. 7/1/2019.

Acts 1929, No. 118, Art. 4, § 21; Pope's Dig., § 14044; Acts 1939, No. 140, § 3; 1947, No. 335, § 2; A.S.A. 1947, § 84-2026; Acts 1995, No. 1160, § 18.
Ark. Code Ann. § 26-52-303 — AR Code / Title 26 / Chapter 52 / Subchapter 3 / Section 26-52-303
Border cities or towns - Tax rate - Exemptions
Status: in_force

(a) The rate of tax shall be one percent (1%) above the state sales tax rate as levied by the General Assembly, by initiatives enacted by the people of the State of Arkansas, and by amendments to the Arkansas Constitution if: (1) An Arkansas city or incorporated town is divided by a state line from an incorporated city or town in an adjoining state; (2) The city or town in the adjoining state is of greater population than the Arkansas city or town; (3) A tax imposed in the adjoining state is in the nature of a selective sales tax or limited to specific items as a special excise tax; and (4) The border city has voted to levy an additional one-percent gross receipts tax in the city in lieu of paying state income taxes by individuals who are residents of the city as authorized by § 26-52-601 et seq. (b) With respect to a motor vehicle sold in any such city or incorporated town, the exemption authorized in this section shall be applicable only to a motor vehicle sold to and registered by a bona fide resident of such an Arkansas city or incorporated town and shall not be applicable to a motor vehicle sold to a nonresident. (c) (1) The Secretary of the Department of Finance and Administration shall require any person claiming this exemption to file a sworn statement in writing that the person is a resident of that city or incorporated town and such other information as the secretary may determine is necessary to establish the residence of the person. (2) Upon conviction, a person filing a false statement or otherwise falsely obtaining or assisting another person to falsely obtain the benefits of the exemption authorized in this section is guilty of a violation and shall be fined in a sum of not less than one hundred dollars ($100) nor more than five hundred dollars ($500). Amended by Act 2019, No. 910,§ 3832, eff. 7/1/2019. Acts 1941, No. 386, § 4; 1957, No. 158, § 1; 1957, No. 233, § 1; 1961, No. 252, § 1; 1965, No. 122, § 1; 1971, No. 214, § 2; 1979, No. 401, § 48; 1983 (1st Ex. Sess.), No. 63, § 1; A.S.A. 1947, §§ 84-1903.1, 84-1904; Acts 1991, No. 3, § 2; 1995, No. 1008, § 3; 1999, No. 1492, § 5; 2003, No. 1273, § 7; 2009, No. 655, § 12.

(a) The rate of tax shall be one percent (1%) above the state sales tax rate as levied by the General Assembly, by initiatives enacted by the people of the State of Arkansas, and by amendments to the Arkansas Constitution if: (1) An Arkansas city or incorporated town is divided by a state line from an incorporated city or town in an adjoining state; (2) The city or town in the adjoining state is of greater population than the Arkansas city or town; (3) A tax imposed in the adjoining state is in the nature of a selective sales tax or limited to specific items as a special excise tax; and (4) The border city has voted to levy an additional one-percent gross receipts tax in the city in lieu of paying state income taxes by individuals who are residents of the city as authorized by § 26-52-601 et seq.

(1) An Arkansas city or incorporated town is divided by a state line from an incorporated city or town in an adjoining state;

(2) The city or town in the adjoining state is of greater population than the Arkansas city or town;

(3) A tax imposed in the adjoining state is in the nature of a selective sales tax or limited to specific items as a special excise tax; and

(4) The border city has voted to levy an additional one-percent gross receipts tax in the city in lieu of paying state income taxes by individuals who are residents of the city as authorized by § 26-52-601 et seq.

(b) With respect to a motor vehicle sold in any such city or incorporated town, the exemption authorized in this section shall be applicable only to a motor vehicle sold to and registered by a bona fide resident of such an Arkansas city or incorporated town and shall not be applicable to a motor vehicle sold to a nonresident.

(c) (1) The Secretary of the Department of Finance and Administration shall require any person claiming this exemption to file a sworn statement in writing that the person is a resident of that city or incorporated town and such other information as the secretary may determine is necessary to establish the residence of the person. (2) Upon conviction, a person filing a false statement or otherwise falsely obtaining or assisting another person to falsely obtain the benefits of the exemption authorized in this section is guilty of a violation and shall be fined in a sum of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

(1) The Secretary of the Department of Finance and Administration shall require any person claiming this exemption to file a sworn statement in writing that the person is a resident of that city or incorporated town and such other information as the secretary may determine is necessary to establish the residence of the person.

(2) Upon conviction, a person filing a false statement or otherwise falsely obtaining or assisting another person to falsely obtain the benefits of the exemption authorized in this section is guilty of a violation and shall be fined in a sum of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

Amended by Act 2019, No. 910,§ 3832, eff. 7/1/2019.

Acts 1941, No. 386, § 4; 1957, No. 158, § 1; 1957, No. 233, § 1; 1961, No. 252, § 1; 1965, No. 122, § 1; 1971, No. 214, § 2; 1979, No. 401, § 48; 1983 (1st Ex. Sess.), No. 63, § 1; A.S.A. 1947, §§ 84-1903.1, 84-1904; Acts 1991, No. 3, § 2; 1995, No. 1008, § 3; 1999, No. 1492, § 5; 2003, No. 1273, § 7; 2009, No. 655, § 12.
Ark. Code Ann. § 26-59-108 — AR Code / Title 26 / Chapter 59 / Section 26-59-108
Exemptions
Status: in_force

(a) There shall not be imposed any estate taxes, inheritance taxes, or transfer taxes upon the succession of title to any property from any person, association, company, or corporation, whether resident or nonresident of this state, passing to or for the use of: (1) The State of Arkansas or to or for the use of municipal corporations or other political subdivisions thereof for exclusively public purposes; (2) Public institutions of learning; or (3) Any public hospital not for profit within this state. (b) No estate taxes, inheritance taxes, or transfer taxes levied by this state shall be imposed upon any bequest made by a resident of this state to any religious, charitable, or educational institution, organization, or foundation, whether incorporated or unincorporated, no part of the net earnings of which inures to the benefit of any private stockholder or other individual or corporation, even though the institution, organization, or foundation is located in another state, if the law of such other state provides an equal and like exemption for bequests made by residents of that state to such institutions, organizations, or foundations located in this state. Acts 1943, No. 19, § 1; 1963, No. 25, § 1; 1965, No. 169, § 1; A.S.A. 1947, § 63-151.

(a) There shall not be imposed any estate taxes, inheritance taxes, or transfer taxes upon the succession of title to any property from any person, association, company, or corporation, whether resident or nonresident of this state, passing to or for the use of: (1) The State of Arkansas or to or for the use of municipal corporations or other political subdivisions thereof for exclusively public purposes; (2) Public institutions of learning; or (3) Any public hospital not for profit within this state.

(1) The State of Arkansas or to or for the use of municipal corporations or other political subdivisions thereof for exclusively public purposes;

(2) Public institutions of learning; or

(3) Any public hospital not for profit within this state.

(b) No estate taxes, inheritance taxes, or transfer taxes levied by this state shall be imposed upon any bequest made by a resident of this state to any religious, charitable, or educational institution, organization, or foundation, whether incorporated or unincorporated, no part of the net earnings of which inures to the benefit of any private stockholder or other individual or corporation, even though the institution, organization, or foundation is located in another state, if the law of such other state provides an equal and like exemption for bequests made by residents of that state to such institutions, organizations, or foundations located in this state.

Acts 1943, No. 19, § 1; 1963, No. 25, § 1; 1965, No. 169, § 1; A.S.A. 1947, § 63-151.
Ark. Code Ann. § 26-51-807 — AR Code / Title 26 / Chapter 51 / Subchapter 8 / Section 26-51-807
Filing returns - Extensions of time
Status: in_force

(a) (1) Any person who requests an automatic extension of time for filing a federal income tax return and who attaches a copy of the request to the corresponding state income tax return shall be granted an extension of time until one (1) month after the due date of the federal income tax return to file the corresponding state income tax return. (2) Any person who receives an extension of time for filing a federal income tax return in addition to an automatic extension, and who attaches a copy of the document granting the federal extension to the corresponding state income tax return, shall be granted an extension of time until one (1) month after the due date of the federal income tax return to file the corresponding state income tax return. (b) (1) The Secretary of the Department of Finance and Administration shall assess the taxpayer interest at the rate of ten percent (10%) per annum on the amount of tax finally determined to be due. (2) (A) (i) The interest on income tax other than corporation income tax may be computed from April 16 if the return covers the preceding calendar year. (ii) If the return covers a fiscal year, interest shall be computed from the day following the expiration of three and one-half (31/2) months after the closing date of the period covered. (B) The interest on corporation income tax shall be computed as follows: (i) If the return covers a calendar year, from March 16; or (ii) If the return covers a fiscal year, from the day following the expiration of two and one-half (21/2) months after the closing date of the period covered. (c) The secretary may grant a taxpayer's written request to extend the time for filing a corporation income tax return for a period of time not to exceed sixty (60) days in addition to the extensions provided in subsection (a) of this section that correspond to the extensions for filing a federal return. (d) The secretary may promulgate rules granting automatic extensions of time to file income tax returns and information returns without the taxpayer being required to submit a written application, a copy of the federal request for extension, or a copy of the document granting the federal extension if the secretary determines that such requirements are unnecessary for the administration of the income tax laws. Amended by Act 2021, No. 629,§ 2, eff. for tax years beginning on or after January 1, 2021. Amended by Act 2019, No. 315,§ 2970, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3739, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3738, eff. 7/1/2019. Acts 1929, No. 118, Art. 4, § 22; 1935, No. 23, § 1; 1937, No. 183, § 1; Pope's Dig., § 14045; Acts 1979, No. 600, § 1; 1981, No. 403, § 1; 1983, No. 832, § 1; A.S.A. 1947, § 84-2027; Acts 1991, No. 685, § 9; 2003, No. 774, § 3; 2007, No. 369, § 2.

(a) (1) Any person who requests an automatic extension of time for filing a federal income tax return and who attaches a copy of the request to the corresponding state income tax return shall be granted an extension of time until one (1) month after the due date of the federal income tax return to file the corresponding state income tax return. (2) Any person who receives an extension of time for filing a federal income tax return in addition to an automatic extension, and who attaches a copy of the document granting the federal extension to the corresponding state income tax return, shall be granted an extension of time until one (1) month after the due date of the federal income tax return to file the corresponding state income tax return.

(1) Any person who requests an automatic extension of time for filing a federal income tax return and who attaches a copy of the request to the corresponding state income tax return shall be granted an extension of time until one (1) month after the due date of the federal income tax return to file the corresponding state income tax return.

(2) Any person who receives an extension of time for filing a federal income tax return in addition to an automatic extension, and who attaches a copy of the document granting the federal extension to the corresponding state income tax return, shall be granted an extension of time until one (1) month after the due date of the federal income tax return to file the corresponding state income tax return.

(b) (1) The Secretary of the Department of Finance and Administration shall assess the taxpayer interest at the rate of ten percent (10%) per annum on the amount of tax finally determined to be due. (2) (A) (i) The interest on income tax other than corporation income tax may be computed from April 16 if the return covers the preceding calendar year. (ii) If the return covers a fiscal year, interest shall be computed from the day following the expiration of three and one-half (31/2) months after the closing date of the period covered. (B) The interest on corporation income tax shall be computed as follows: (i) If the return covers a calendar year, from March 16; or (ii) If the return covers a fiscal year, from the day following the expiration of two and one-half (21/2) months after the closing date of the period covered.

(1) The Secretary of the Department of Finance and Administration shall assess the taxpayer interest at the rate of ten percent (10%) per annum on the amount of tax finally determined to be due.

(2) (A) (i) The interest on income tax other than corporation income tax may be computed from April 16 if the return covers the preceding calendar year. (ii) If the return covers a fiscal year, interest shall be computed from the day following the expiration of three and one-half (31/2) months after the closing date of the period covered. (B) The interest on corporation income tax shall be computed as follows: (i) If the return covers a calendar year, from March 16; or (ii) If the return covers a fiscal year, from the day following the expiration of two and one-half (21/2) months after the closing date of the period covered.

(A) (i) The interest on income tax other than corporation income tax may be computed from April 16 if the return covers the preceding calendar year. (ii) If the return covers a fiscal year, interest shall be computed from the day following the expiration of three and one-half (31/2) months after the closing date of the period covered.

(i) The interest on income tax other than corporation income tax may be computed from April 16 if the return covers the preceding calendar year.

(ii) If the return covers a fiscal year, interest shall be computed from the day following the expiration of three and one-half (31/2) months after the closing date of the period covered.

(B) The interest on corporation income tax shall be computed as follows: (i) If the return covers a calendar year, from March 16; or (ii) If the return covers a fiscal year, from the day following the expiration of two and one-half (21/2) months after the closing date of the period covered.

(i) If the return covers a calendar year, from March 16; or

(ii) If the return covers a fiscal year, from the day following the expiration of two and one-half (21/2) months after the closing date of the period covered.

(c) The secretary may grant a taxpayer's written request to extend the time for filing a corporation income tax return for a period of time not to exceed sixty (60) days in addition to the extensions provided in subsection (a) of this section that correspond to the extensions for filing a federal return.

(d) The secretary may promulgate rules granting automatic extensions of time to file income tax returns and information returns without the taxpayer being required to submit a written application, a copy of the federal request for extension, or a copy of the document granting the federal extension if the secretary determines that such requirements are unnecessary for the administration of the income tax laws.

Amended by Act 2021, No. 629,§ 2, eff. for tax years beginning on or after January 1, 2021.

Amended by Act 2019, No. 315,§ 2970, eff. 7/24/2019.

Amended by Act 2019, No. 910,§ 3739, eff. 7/1/2019.

Amended by Act 2019, No. 910,§ 3738, eff. 7/1/2019.

Acts 1929, No. 118, Art. 4, § 22; 1935, No. 23, § 1; 1937, No. 183, § 1; Pope's Dig., § 14045; Acts 1979, No. 600, § 1; 1981, No. 403, § 1; 1983, No. 832, § 1; A.S.A. 1947, § 84-2027; Acts 1991, No. 685, § 9; 2003, No. 774, § 3; 2007, No. 369, § 2.
Ark. Code Ann. § 26-55-905 — AR Code / Title 26 / Chapter 55 / Subchapter 9 / Section 26-55-905
Testing stations
Status: in_force

The Director of the State Plant Board shall establish at locations to be determined by the director a sufficient number of checking stations either fixed or mobile to carry out the purposes of this subchapter. However, the number of stations so established shall not exceed five (5) for the state. Acts 1955, No. 50, § 5; A.S.A. 1947, § 75-1163.

The Director of the State Plant Board shall establish at locations to be determined by the director a sufficient number of checking stations either fixed or mobile to carry out the purposes of this subchapter. However, the number of stations so established shall not exceed five (5) for the state.

Acts 1955, No. 50, § 5; A.S.A. 1947, § 75-1163.
Ark. Code Ann. § 26-27-320 — AR Code / Title 26 / Chapter 27 / Subchapter 3 / Section 26-27-320
Assessed values entered on record
Status: in_force

(a) It is the duty of the county clerk of each county to enter upon the assessment record of his or her county the adjusted or equalized assessed value of any and all property as found and fixed by the county equalization board. (b) In making the tax books of the county, unless further adjustments are ordered by the county court or the Arkansas Public Service Commission, the county clerk shall extend the taxes on the adjusted or equalized values. Amended by Act 2023, No. 365,§ 89, eff. 7/1/2023. Acts 1929, No. 172, § 32; Pope's Dig., § 13673; A.S.A. 1947, § 84-712.

(a) It is the duty of the county clerk of each county to enter upon the assessment record of his or her county the adjusted or equalized assessed value of any and all property as found and fixed by the county equalization board.

(b) In making the tax books of the county, unless further adjustments are ordered by the county court or the Arkansas Public Service Commission, the county clerk shall extend the taxes on the adjusted or equalized values.

Amended by Act 2023, No. 365,§ 89, eff. 7/1/2023.

Acts 1929, No. 172, § 32; Pope's Dig., § 13673; A.S.A. 1947, § 84-712.