Arkansas Code of 1987 (2023) › Title 15 - NATURAL RESOURCES AND ECONOMIC DEVELOPMENT (§§ 15-1-101 — 15-76-324) › Subtitle 1 - DEVELOPMENT OF ECONOMIC AND NATURAL RESOURCES GENERALLY (§§ 15-1-101 — 15-14-108) › Chapter 4 - DEVELOPMENT OF BUSINESS AND INDUSTRY GENERALLY (§§ 15-4-101 — 15-4-3910) › Subchapter 27 - CONSOLIDATED INCENTIVE ACT OF 2003 (§§ 15-4-2701 — 15-4-2714) › Section 15-4-2709 - Targeted business special incentive

(a)
A special incentive based on the payroll of targeted businesses in the state may be offered, at the discretion of the Director of the Arkansas Economic Development Commission, to:
(1)
Encourage the development of jobs that pay significantly more than the average hourly wage in the county in which the targeted business locates or the state average hourly wage if the state average hourly wage is less than the county average hourly wage; and
(2)
Provide an incentive to assist with the start-up of businesses targeted for growth.
(b)
To qualify for the special incentive provided by subsection (c) of this section, a business shall:
(1)
Be identified by the Arkansas Economic Development Commission as being one of those business sectors targeted for growth under §
15-4-2703
;
(2)
(A)
Have an annual payroll of the business for Arkansas taxpayers of not less than one hundred thousand dollars ($100,000) or more than one million dollars ($1,000,000).
(B)
The payroll requirement under subdivision (b)(2)(A) of this section applies only to the initial eligibility determination and does not preclude qualified businesses from receiving incentives if, at any time after the financial incentive agreement has been approved, actual payroll does not satisfy the requirements in subdivision (b)(2)(A) of this section;
(3)
Show proof of an equity investment of two hundred fifty thousand dollars ($250,000) or more; and
(4)
Pay average hourly wages in excess of the lesser of one hundred fifty percent (150%) of the county or state average hourly wage for the county in which the targeted business locates or expands.
(c)
(1)
A targeted business may earn an income tax credit equal to ten percent (10%) of its annual payroll, with the maximum payroll credit not to exceed one hundred thousand dollars ($100,000) in any year during the term of the financial incentive agreement.
(2)
(A)
The term of the financial incentive agreement shall be established by the director for a period not to exceed five (5) years.
(B)
The term of the financial incentive agreement for targeted businesses earning a tax credit under this subsection shall begin on January 1 of the year following the year in which the financial incentive agreement was approved.
(C)
The director may allow a qualified targeted business to sell any income tax credits earned through one (1) or more incentives authorized by this subchapter.
(d)
(1)
To sell income tax credits earned through incentives authorized by this subchapter, the targeted business shall apply to the commission and furnish information necessary to facilitate the sale of income tax credits.
(2)
(A)
Any unused tax credits may be carried forward for up to nine (9) years after the year in which the credit was first earned or until exhausted, whichever occurs first.
(B)
Taxpayers purchasing tax credits under this subsection shall be subject to the same carry-forward provisions as the targeted business that earned the credits.
(C)
The purchase of the tax credits does not establish a new carry-forward period for the ultimate recipient.
(e)
A targeted business claiming or selling tax credits earned under this section or §
15-4-2708
shall not receive the credit granted by §
26-51-1102(b)
for the same expenditures.
Amended by Act 2019, No. 327,§ 1, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 414, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 413, eff. 7/1/2019.
Acts 2003, No. 182, § 1; 2005, No. 1232, § 2; 2005, No. 1296, §§ 7, 8; 2007, No. 1596, § 5; 2009, No. 716, § 10.