reglab/statecodes huggingface dataset:
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 59 - ESTATE TAXES (§§ 26-59-101 — 26-59-122) › Section 26-59-107 - Tax imposed - Nonresident estates

(a)
A tax is imposed upon the transfer of all real, tangible, and intangible personal property located in the State of Arkansas of any nonresident of this state in a sum equal to the proportion of the federal credit allowable under the federal estate tax laws,
26 U.S.C. § 2001
et seq., as in effect on January 1, 2002, for estate, inheritance, legacy, and succession taxes that the Arkansas property of such a deceased person bears to the property of the entire estate, wherever located.
(b)
"Arkansas property" shall be construed to include, without limiting its generality by this specification, the following items of intangible personal property:
(1)
Debts including bank deposits owed to the decedent by any individual resident in this state, or by any bank or other corporation organized under the laws of this state, or by any national bank doing business in this state without regard to the physical location of any written evidence of indebtedness; and
(2)
Shares of the capital stock of any corporation organized under the laws of this state without regard to the physical location of the stock certificate.
(c)
However, if the decedent at the time of death was a resident of a state or territory of the United States that, at the time of his or her death, provides an exemption to a resident of this state from transfer or death taxes, then the nonresident of the other state or territory shall be exempt from the payment of the estate or inheritance tax in this state.
(d)
However, if no federal estate tax is imposed upon the transfer of property, no Arkansas estate tax shall be imposed on the transfer of property.
Acts 1941, No. 136, § 4; 1945, No. 294, § 3; 1949, No. 284, § 1; 1983, No. 379, § 18; A.S.A. 1947, § 63-104; Acts 1999, No. 1126, § 41; 2003, No. 645, § 3.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 59 - ESTATE TAXES (§§ 26-59-101 — 26-59-122) › Section 26-59-108 - Exemptions

(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.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 59 - ESTATE TAXES (§§ 26-59-101 — 26-59-122) › Section 26-59-109 - Estate tax returns generally

(a)
(1)
Returns by Executor.
In all cases in which the gross estate at the death of a citizen or resident of the United States exceeds one million dollars ($1,000,000) and a portion of the property comprising the gross estate is located in Arkansas, then the executor shall make a return with respect to the estate tax imposed by this chapter.
(2)
Citizens or Residents of the United States.
In all cases when the gross estate at the death of a citizen or resident of the United States exceeds three million five hundred thousand dollars ($3,500,000) and a portion of the property composing the gross estate is located in Arkansas, then the executor shall make a return with respect to the estate tax imposed by this chapter.
(3)
Nonresidents Not Citizens of the United States.
In the case of the estate of every nonresident not a citizen of the United States, if that part of the gross estate that is situated in the United States exceeds three million five hundred thousand dollars ($3,500,000) and a portion of the property composing the gross estate is located in Arkansas, then the executor shall make a return with respect to the estate tax imposed by this chapter.
(4)
Phase-in of Filing Requirement Amount.
In the case of decedents dying in:
Subdivisions (a)(2) and (3) of this section shall be applied by substituting for "$3,500,000" the following amount:
2002 and 2003 ...................................................................
$1,000,000
2004...............................................................................................
1,500,000
2005..................................................................................................
1,500,000
2006, 2007, and 2008.....................................................................
2,000,000
2009 and thereafter ..............................................................
3,500,000
(b)
Returns by Beneficiaries.
If the executor is unable to make a complete return as to any part of the gross estate of the decedent, he or she shall include in his or her return a description of such part and the name of every person holding a legal or beneficial interest therein. Upon notice from the Secretary of the Department of Finance and Administration, such person shall in like manner make a return as to such part of the gross estate.
(c)
Returns Due.
Returns made under subsection (a) of this section shall be filed within nine (9) months after the date of the decedent's death.
(d)
Place of Filing.
Estate tax returns shall be filed with the secretary at his or her office in Little Rock, Arkansas.
Amended by Act 2019, No. 910,§ 4279, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 4278, eff. 7/1/2019.
Acts 1941, No. 136, § 21; 1947, No. 388, § 1; 1983, No. 379, § 19; A.S.A. 1947, § 63-120; Acts 1999, No. 1126, § 10; 2003, No. 645, § 4.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 59 - ESTATE TAXES (§§ 26-59-101 — 26-59-122) › Section 26-59-110 - Estate tax returns - Contents

The executor at such times and in such manner as may be required by rules made pursuant to law shall also file with the Secretary of the Department of Finance and Administration a return under oath, setting forth:
(1)
A description and the value of the gross estate of the decedent at the time of the decedent's death, as defined in the applicable federal revenue act, or in case of the estate of a decedent who at the time of death was not domiciled in the United States, of that part of the decedent's gross estate situated in the United States;
(2)
The deductions allowable under this chapter;
(3)
The value of the net estate of the decedent as defined in this chapter;
(4)
A description and the value of such part of the real property and tangible personal property of the gross estate of a decedent who at the time of the decedent's death was a resident of the State of Arkansas as shall be located or situate, at the time of the decedent's death, without the State of Arkansas;
(5)
A description and the value of such part of the real property and tangible personal property of the gross estate of a decedent who at the time of the decedent's death was a nonresident of the State of Arkansas but a resident of the United States as shall be located or situate, at the time of the decedent's death, within the State of Arkansas;
(6)
A description and the value of real property situate and personal property having an actual situs in this state and intangible personal property physically present within this state of the estate of a decedent who at the time of the decedent's death was not a resident of the United States; and
(7)
The tax paid or payable thereon and the manner of computing the tax, or such part of such information as may at the time be ascertainable and such supplemental data as may be necessary to determine and establish the correct tax.
Amended by Act 2019, No. 315,§ 3046, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 4280, eff. 7/1/2019.
Acts 1941, No. 136, § 20; A.S.A. 1947, § 63-119.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 59 - ESTATE TAXES (§§ 26-59-101 — 26-59-122) › Section 26-59-111 - Estate tax return - Extension of filing time

(a)
Any person who requests and receives an extension of time in which to file a federal estate tax return, as provided by
26 U.S.C. § 6081
, as amended and in effect on January 1, 2002, shall be granted an extension of time in which to file the Arkansas estate tax return for the same period of time as granted for the filing of the federal estate tax return.
(b)
This request for extension of time in which to file shall be granted by the timely filing of a copy of the federal application form with the Secretary of the Department of Finance and Administration and then attaching to the Arkansas estate tax return, when actually filed with the secretary, a copy of the document granting such federal extension.
(c)
The secretary shall assess interest at the rate of ten percent (10%) per annum on the amount of estate tax finally determined to be due from the date the estate tax return was originally due to be filed.
Amended by Act 2019, No. 910,§ 4281, eff. 7/1/2019.
Acts 1941, No. 136, § 22; 1979, No. 401, § 48; 1983, No. 379, § 20; A.S.A. 1947, § 63-121; Acts 1999, No. 1126, § 42; 2003, No. 645, § 5.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 59 - ESTATE TAXES (§§ 26-59-101 — 26-59-122) › Section 26-59-112 - Secretary to make return when no return filed

If any executor, administrator, fiduciary, trustee, person, corporation, company, or association fails to make and file a return or list at the time prescribed by law or by rule made under authority of law, or makes, willfully or otherwise, a false or fraudulent return or list, the Secretary of the Department of Finance and Administration shall make the return or list from the secretary's own knowledge and from such information as the secretary can obtain through testimony or otherwise. Any return or list so made by the secretary shall be prima facie good and sufficient for all legal purposes.
Amended by Act 2019, No. 315,§ 3047, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 4282, eff. 7/1/2019.
Acts 1941, No. 136, § 23; A.S.A. 1947, § 63-122.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 59 - ESTATE TAXES (§§ 26-59-101 — 26-59-122) › Section 26-59-113 - Payment - Time limitations - Federal election

(a)
The tax imposed by this chapter shall be due and payable nine (9) months after a decedent's death and shall be paid by the executor to the Secretary of the Department of Finance and Administration.
(b)
(1)
(A)
When the secretary finds that the payment on the due date of the tax or any part of the tax would impose undue hardship upon the estate, the secretary may extend the time for any payment of any such part.
(B)
However, no extension shall be for more than eighteen (18) months, and the aggregate of the extension with respect to any estate shall not exceed five (5) years from the due date, except as provided in subsection (c) of this section.
(2)
In such case, the amount in respect of which the extension is granted shall be paid on or before the date of the expiration of the period of the extension unless further extension is granted.
(c)
(1)
The provisions of
26 U.S.C. § 6166
, as amended and in effect on January 1, 2002, which provide for an election by the representative of a decedent's estate to pay the federal estate tax due on certain qualifying assets of the estate in deferred installments for a period of up to fifteen (15) years at a two-percent interest rate regarding either the estate original shown due on the estate tax return or as later determined to be due following audit shall be adopted as a state estate tax law.
(2)
(A)
However, the two-percent interest rate shall only apply to the "2-percent portion" as that term is defined in
26 U.S.C. § 6601(j)(2)
, as amended and in effect on January 1, 2002.
(B)
The interest rate on the estate tax exceeding the "2-percent portion" shall be at the rate specified in §
26-18-508
concerning tax deficiencies.
(3)
Any timely filed election by the representative of the decedent's estate for deferral of the payment of federal estate taxes shall be deemed to also defer the payment of the applicable portion of Arkansas estate tax for the same periods of time for the Arkansas assets qualifying for this special federal election.
Amended by Act 2019, No. 910,§ 4284, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 4283, eff. 7/1/2019.
Acts 1941, No. 136, §§ 24, 25; 1943, No. 142, §§ 1, 2; 1975, No. 472, § 1; A.S.A. 1947, §§ 63-123, 63-124; Acts 1989, No. 910, § 2; 1999, No. 1126, § 11; 2003, No. 645, § 6.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 59 - ESTATE TAXES (§§ 26-59-101 — 26-59-122) › Section 26-59-114 - Payment of tax - Discharge of executor

(a)
The Secretary of the Department of Finance and Administration shall issue to the executor upon payment of the tax imposed by this chapter receipts in triplicate any of which shall be sufficient evidence of the payment, and shall entitle the executor to be credited and allowed the amount thereof by any court having jurisdiction to audit or settle the executor's accounts.
(b)
If the executor files a complete return and makes written application to the secretary for determination of the amount of the tax and discharge from personal liability, the secretary as soon as possible, and in any event within one (1) year after receipt of such application, shall notify the executor of the amount of the tax and, upon payment thereof, the executor shall be discharged from personal liability for any additional tax thereafter found to be due and shall be entitled to receive from the secretary a receipt in writing showing such discharge.
(c)
The discharge shall not operate to release the gross estate of the lien of any additional tax that may thereafter be found to be due while the title to such gross estate remains in the executor or in the heirs, devisees, or distributees thereof. However, after the discharge is given no part of the gross estate shall be subject to the lien or to any claim or demand for any such tax after the title thereto has passed to a bona fide purchaser for value.
Amended by Act 2019, No. 910,§ 4285, eff. 7/1/2019.
Acts 1941, No. 136, § 30; A.S.A. 1947, § 63-129.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 59 - ESTATE TAXES (§§ 26-59-101 — 26-59-122) › Section 26-59-116 - Payment of tax - Reimbursement to person paying tax

(a)
If the tax or any part thereof is paid or collected out of that part of the estate passing to or in possession of any person other than the executor in his or her capacity as such, the person shall be entitled to a reimbursement out of any part of the estate still undistributed or by a just and equitable contribution by the person whose interest in the estate of the decedent would have been reduced if the tax had been paid before the distribution of the estate or whose interest in the estate is subject to an equal or prior liability for the payment of tax, debts, or other charges against the estate.
(b)
It is the purpose and intent of this section that insofar as is practical and unless otherwise directed by the will of the decedent, the tax shall be paid out of the estate before its distribution. However, the Secretary of the Department of Finance and Administration shall not be charged with enforcing contribution from any person.
Amended by Act 2019, No. 910,§ 4286, eff. 7/1/2019.
Acts 1941, No. 136, § 32; A.S.A. 1947, § 63-131.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 59 - ESTATE TAXES (§§ 26-59-101 — 26-59-122) › Section 26-59-117 - Payment of tax - Executor's liability

If any executor makes distribution either in whole or in part of any of the property of an estate to the heirs, next of kin, distributees, legatees, or devisees without having paid or secured the tax due the State of Arkansas under this chapter or obtained the release of the property from the lien of such tax, the executor shall become personally liable for the tax so due the state, or so much of the tax as may remain due and unpaid, to the full extent of the full value of any property belonging to such person or estate which may come into the executor's hands, custody, or control.
Acts 1941, No. 136, § 34; A.S.A. 1947, § 63-133.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 59 - ESTATE TAXES (§§ 26-59-101 — 26-59-122) › Section 26-59-118 - Payment of tax - Executor's right to sell real estate

Every executor shall have the same right and power to take possession of or sell, convey, and dispose of real estate as assets of the estate for payment of the tax imposed by this chapter as the executor may have for the payment of the debts of the decedent.
Acts 1941, No. 136, § 35; A.S.A. 1947, § 63-134.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 59 - ESTATE TAXES (§§ 26-59-101 — 26-59-122) › Section 26-59-119 - Executor - Notice of appointment

The executor within two (2) months after the decedent's death or within a like period after qualifying as executor, shall give written notice of his or her qualification as executor to the Secretary of the Department of Finance and Administration.
Amended by Act 2019, No. 910,§ 4287, eff. 7/1/2019.
Acts 1941, No. 136, § 20; A.S.A. 1947, § 63-119.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 59 - ESTATE TAXES (§§ 26-59-101 — 26-59-122) › Section 26-59-120 - Duties of probate clerks - Information required

(a)
When letters of administration or letters testamentary are issued by any probate clerk of a county of the State of Arkansas, the probate clerk shall immediately advise the Revenue Division of the Department of Finance and Administration that such letters were granted, giving the name of the executor or administrator and an estimate of the value of the estate of the deceased person so far as the probate clerk is able to ascertain from information obtained, and the number of heirs of the deceased person.
(b)
The probate clerk of the county shall also furnish the division a certified copy of the appraisement of the real and personal property of each estate when the appraisement of the property of each of the estates is filed with the probate clerk.
Acts 1945, No. 156, § 3; A.S.A. 1947, § 63-149.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 59 - ESTATE TAXES (§§ 26-59-101 — 26-59-122) › Section 26-59-121 - Corporate executors of nonresident decedents - Restrictions

(a)
If the executor of the estate of a nonresident is a corporation authorized, qualified, and acting as executor in the jurisdiction of the domicile of the decedent, it shall be under the same duties and obligations as to the giving of notices and filing of returns required by this chapter and may bring and defend actions and suits as may be authorized or permitted by this chapter, to the same extent as an individual executor, notwithstanding that the corporation may be prohibited from exercising in this state any powers as executor.
(b)
Nothing contained in this section shall be taken or construed as authorizing corporations not authorized to do business in this state to qualify or act as executor, administrator, or in any other fiduciary capacity if otherwise prohibited by the laws of this state except to the extent herein expressly provided.
Acts 1941, No. 136, § 40; A.S.A. 1947, § 63-139.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 59 - ESTATE TAXES (§§ 26-59-101 — 26-59-122) › Section 26-59-122 - Disposition and allocation of funds

(a)
All taxes, fees, penalties, and costs received by the Secretary of the Department of Finance and Administration under this chapter shall be general revenues and shall be deposited into the State Treasury to the credit of the State Apportionment Fund, except that the amount of estate taxes collected in a calendar year that exceeds ten percent (10%) of the average annual estate taxes collected for a five-year period immediately preceding the calendar year or fifteen million dollars ($15,000,000), whichever is greater, shall be deposited into the State Treasury as special revenues and credited to the General Improvement Fund or its successor fund or fund accounts, including the Development and Enhancement Fund.
(b)
The Treasurer of State shall allocate and transfer the funds to the various State Treasury funds participating in general revenues in the respective proportions to each as provided by and to be used for the respective purposes set forth in the Revenue Stabilization Law, §
19-5-101
et seq.
Amended by Act 2019, No. 82,§ 22, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 4288, eff. 7/1/2019.
Acts 1941, No. 136, § 45 as added by Acts 1953, No. 118, § 32(J); A.S.A. 1947, § 63-144; Acts 1993, No. 590, § 1; 1995, No. 270, § 8; 1999, No. 1568, § 1; 2001, No. 1681, § 4.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 60 - REAL PROPERTY TRANSFER TAX (§§ 26-60-101 — 26-60-112) › Section 26-60-101 - Definition

As used in this chapter, "consideration" means the amount of full actual consideration paid or to be paid for the property conveyed, including the amount of any purchase-money encumbrance executed by the purchaser.
Acts 1971, No. 275, § 9; A.S.A. 1947, § 84-4308.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 60 - REAL PROPERTY TRANSFER TAX (§§ 26-60-101 — 26-60-112) › Section 26-60-102 - Transfers to which chapter inapplicable

The real property transfer tax imposed by this chapter shall not apply to a transfer of the following:
(1)
A transfer to or from the United States, the State of Arkansas, or any of the instrumentalities, agencies, or political subdivisions of the United States or the State of Arkansas;
(2)
Any instrument or writing given solely to secure a debt;
(3)
Any instrument solely for the purpose of correcting or replacing an instrument that has been previously recorded with full payment of the tax having been paid at the time of the previous recordation;
(4)
An instrument conveying land sold for delinquent taxes;
(5)
An instrument conveying a leasehold interest in land only;
(6)
An instrument, including a timber deed, that conveys or grants the right to remove timber from land if the instrument grants or conveys the right to remove the timber for a period of not to exceed twenty-four (24) months;
(7)
An instrument given by one (1) party in a divorce action to the other party to the divorce action as a division of marital property whether by agreement or order of the court;
(8)
An instrument given in a judicial proceeding or a nonjudicial proceeding under §
18-50-101
et seq. to enforce a security interest in real estate when the instrument transfers the property to the same person who is seeking to enforce the security interest;
(9)
An instrument given to a secured party in lieu of or to avoid a judicial proceeding or a nonjudicial proceeding under §
18-50-101
et seq. to enforce a security interest in real estate;
(10)
An instrument conveying a home financed by the Federal Housing Administration, the United States Department of Veterans Affairs, or the United States Department of Agriculture Rural Development, if the sale price of the home is sixty thousand dollars ($60,000) or less and the seller files with the county recorder of deeds a sworn statement by the buyer stating that neither the buyer nor the spouse of the buyer has owned a home within three (3) years of the date of closing and also stating the sale price of the home;
(11)
An instrument conveying land between corporations, partnerships, limited liability companies, or other business entities or between a business entity and its shareholder, partner, or member incident to the organization, reorganization, merger, consolidation, capitalization, asset distribution, or liquidation of a corporation, partnership, limited liability company, or other business entity; and
(12)
A beneficiary deed under §
18-12-608
.
Amended by Act 2015, No. 1098,§ 1, eff. 7/22/2015.
Acts 1971, No. 275, § 2; 1975, No. 992, § 1; 1981, No. 287, § 1; 1983, No. 413, § 1; 1983, No. 754, § 1; 1985, No. 926, § 1; 1985, No. 1063, § 4; 1985, No. 1081, § 4; A.S.A. 1947, § 84-4302; Acts 1987, No. 642, § 1; 1993, No. 1046, § 1; 1997, No. 833, § 1; 2003, No. 1086, § 1; 2007, No. 243, § 3.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 60 - REAL PROPERTY TRANSFER TAX (§§ 26-60-101 — 26-60-112) › Section 26-60-103 - Enforcement by Secretary of the Department of Finance and Administration

The enforcement of the provisions of this chapter shall be the responsibility of the Secretary of the Department of Finance and Administration under rules to be promulgated by the secretary.
Amended by Act 2019, No. 315,§ 3048, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 4289, eff. 7/1/2019.
Acts 1971, No. 275, § 8; A.S.A. 1947, § 84-4307.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 60 - REAL PROPERTY TRANSFER TAX (§§ 26-60-101 — 26-60-112) › Section 26-60-104 - Rules

The Secretary of the Department of Finance and Administration is authorized to promulgate rules to carry out the purposes of this chapter which shall be submitted to the House Committee on City, County, and Local Affairs and the Senate Committee on City, County, and Local Affairs.
Amended by Act 2019, No. 315,§ 3049, eff. 7/24/2019.
Amended by Act 2019, No. 393,§ 4, eff. 7/24/2019.
Acts 1983, No. 754, § 7; A.S.A. 1947, § 84-4309; Acts 1997, No. 385, § 4.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 60 - REAL PROPERTY TRANSFER TAX (§§ 26-60-101 — 26-60-112) › Section 26-60-105 - Levy on deeds, instruments, and writings - Additional tax

(a)
There is levied on each deed, instrument, or writing by which any lands, tenements, or other realty is granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or any other person by the purchaser's direction, when the consideration for the lands, tenements, or other realty conveyed exceeds one hundred dollars ($100), a tax at the rate of one dollar and ten cents ($1.10) for each one thousand dollars ($1,000) or fractional part thereof.
(b)
In addition to the tax levied in subsection (a) of this section, there is levied an additional tax of two dollars and twenty cents ($2.20) for each one thousand dollars ($1,000) or fractional part thereof to be paid by the purchaser and to be allocated and used for the purposes stated in §
15-12-103
.
(c)
(1)
The taxes levied under this section shall be based solely on the consideration given for the lands, tenements, or other realty, and a tax shall not be levied under this section on the consideration given for tangible personal property or intangible personal property.
(2)
If a grant, assignment, transfer, or other conveyance involves lands, tenements, or other realty in addition to tangible personal property or intangible personal property, then the taxes levied under this section shall be based solely on the consideration for the lands, tenements, or other realty.
Acts 1971, No. 275, § 1; A.S.A. 1947, § 84-4301; Acts 1987, No. 729, § 4; 1993, No. 1181, § 1; 2011, No. 795, § 1.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 60 - REAL PROPERTY TRANSFER TAX (§§ 26-60-101 — 26-60-112) › Section 26-60-106 - Payment of tax

The tax levied by this chapter:
(1)
Applies at the time of transfer;
(2)
Shall be computed on the basis of the full consideration for the real estate transferred; and
(3)
Unless agreed upon otherwise, shall be paid one-half (1/2) by the grantor or seller and one-half (1/2) by the grantee or purchaser.
Acts 1971, No. 275, § 3; 1983, No. 754, § 2; 1985, No. 926, § 2; 1985, No. 1081, § 1; 1985, No. 1063, § 1; A.S.A. 1947, § 84-4303; Acts 1995, No. 383, § 1.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 60 - REAL PROPERTY TRANSFER TAX (§§ 26-60-101 — 26-60-112) › Section 26-60-108 - Real Property Transfer Tax Affidavit of Compliance form and receipt - Completion, storage, audit, etc

(a)
The Secretary of the Department of Finance and Administration or his or her agent before accepting payment of the real property transfer tax shall require that the affidavit portion of the Real Property Transfer Tax Affidavit of Compliance form and receipt be completed, including the statement of the full amount of the consideration for the transaction and the amount of tax to be reflected on the receipt portion thereof in evidence that such information was furnished by the person signing the affidavit before the secretary shall receive payment of the tax, and sign the receipt. The secretary shall attach the stamps to the face of the instrument.
(b)
(1)
The original copy of the affidavit and receipt shall be retained by the secretary or his or her agent and shall be treated as a confidential tax record in the same manner as required by law for confidentiality of state income tax returns.
(2)
The information shall be released to duly elected county assessors and become a public document.
(c)
If authorized by the secretary, an electronic copy of an affidavit described in this section may be used and retained in the same manner as other electronic documents.
Amended by Act 2019, No. 910,§ 4296, eff. 7/1/2019.
Amended by Act 2015, No. 165,§ 1, eff. 7/22/2015.
Amended by Act 2015, No. 165,§ 2, eff. 7/22/2015.
Acts 1971, No. 275, § 5; 1983, No. 754, § 4; 1985, No. 926, § 4; 1985, No. 1063, § 3; 1985, No. 1081, § 3; A.S.A. 1947, § 84-4305n; Acts 2011, No. 700, § 2.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 60 - REAL PROPERTY TRANSFER TAX (§§ 26-60-101 — 26-60-112) › Section 26-60-109 - Documentary stamps or symbols

(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.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 60 - REAL PROPERTY TRANSFER TAX (§§ 26-60-101 — 26-60-112) › Section 26-60-110 - Recordation of deed

(a)
Before an instrument evidencing a transfer of real property is accepted by a county recorder for recordation, the grantee, buyer, or the agent of the grantee or buyer shall furnish proof of payment of tax or proof of an exemption from payment of the tax required in this chapter.
(b)
The county recorder shall not record any instrument evidencing a transfer of title subject to this chapter unless:
(1)
(A)
The instrument has:
(i)
An attached or accompanying affidavit in the form containing the information required in this chapter; and
(ii)
Documentary stamps or a documentary symbol attached to the face of the instrument evidencing full payment of the real property transfer tax on the transaction.
(B)
The instrument shall contain a notation on its face, which shall be recorded as part of the instrument, that the affidavit was completed; or
(2)
(A)
In the alternative, the instrument has marked on the instrument or attached to the instrument in a manner that will cause it to be recorded as a part of the instrument the following statement:
"I certify under penalty of false swearing that documentary stamps or a documentary symbol in the legally correct amount has been placed on this instrument."
(B)
This statement shall be signed by the grantee or his or her agent, and the grantee's address shall be clearly shown on the instrument.
(C)
An affidavit or compliance form from the Department of Finance and Administration or a receipt showing proof of tax paid is not required to be attached to an instrument that is exempt from the payment of the real property transfer tax if the instrument contains the following statement or a substantially similar statement, acknowledged in the same manner required under subdivision (b)(2)(B) of this section:
"This instrument is exempt from the real property transfer tax."
(c)
The county recorder shall not record any instrument on which a documentary stamp or a documentary symbol is attached in a manner that the amount printed on or within each documentary stamp or documentary symbol is not visible.
Amended by Act 2017, No. 656,§ 1, eff. 8/1/2017.
Acts 1971, No. 275, §§ 3, 4; 1983, No. 754, §§ 2, 3; 1985, No. 926, §§ 2, 3; 1985, No. 1063, §§ 1, 2; 1985, No. 1081, §§ 1, 2; A.S.A. 1947, §§ 84-4303, 84-4304; Acts 1995, No. 1299, §§ 1, 2; 2011, No. 700, § 4.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 60 - REAL PROPERTY TRANSFER TAX (§§ 26-60-101 — 26-60-112) › Section 26-60-111 - Filing deed in violation - False information - Penalties

(a)
(1)
Any person filing a deed for record who knowingly, willfully, and fraudulently files the deed in violation of this chapter upon conviction thereof in addition to other penalties provided by law shall be subject to a fine of five hundred dollars ($500) or one percent (1%) of the amount of the transaction, whichever is greater.
(2)
In addition to such fine and penalties, the affidavit and certification provided for by this chapter are declared to be a return within the meaning of the Arkansas Tax Procedure Act, §
26-18-101
et seq., and the purchase of documentary stamps or a documentary symbol is the payment of the tax due on the return, and the person required to furnish proof of payment is a taxpayer within the meaning of the Arkansas Tax Procedure Act, §
26-18-101
et seq.
(b)
Any person guilty of providing false information on the affidavit or making a false certification or who shall fail to disclose the full amount of the consideration of the transaction on the affidavit and pay the tax due thereon or who makes a false certification and fails to pay the correct amount of tax due as required by this chapter, shall be subject to the penalties provided for in §§
26-18-201
-
26-18-204
.
Acts 1971, No. 275, § 8; 1983, No. 754, § 6; 1985, No. 926, § 5; 1985, No. 1063, § 5; 1985, No. 1081, § 5; A.S.A. 1947, § 84-4307; Acts 2011, No. 700, § 5.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 61 - TAX ON TIMBERLANDS AND RANGELANDS (§§ 26-61-101 — 26-61-112) › Section 26-61-101 - Title

This chapter shall be known and cited as the "Forest Fire Protection Tax Act of 1969".
Acts 1969, No. 354, § 5; A.S.A. 1947, § 84-314.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 61 - TAX ON TIMBERLANDS AND RANGELANDS (§§ 26-61-101 — 26-61-112) › Section 26-61-102 - Definition

As used in this chapter, "timberlands" shall be defined in the manner prescribed in Arkansas Constitution, Amendment 59, and legislation enacted to implement the provisions of Arkansas Constitution, Amendment 59.
Acts 1977, No. 388, § 1; 1981, No. 426, § 2; 1985, No. 1010, § 2; A.S.A. 1947, § 84-310.1.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 61 - TAX ON TIMBERLANDS AND RANGELANDS (§§ 26-61-101 — 26-61-112) › Section 26-61-103 - Levy of tax

There is levied on all timberlands in this state an annual tax of twenty cents (20¢) per acre to be collected under this chapter for deposit into the State Treasury for credit to the State Forestry Fund as special revenues to be used for the maintenance, operation, and improvement of the Arkansas Forestry Commission in its statewide program for the detection, prevention, and suppression of forest fires.
Amended by Act 2013, No. 1391,§ 1, eff. for assessment years beginning on and after 2013.
Acts 1969, No. 354, § 1; 1977, No. 388, § 2; 1981, No. 426, § 1; 1985, No. 1010, § 1; A.S.A. 1947, § 84-310; Acts 1993, No. 865, § 1; 1993, No. 1112, § 1.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 61 - TAX ON TIMBERLANDS AND RANGELANDS (§§ 26-61-101 — 26-61-112) › Section 26-61-104 - Nature of tax

The tax levied in this chapter shall not be construed as an ad valorem tax but shall constitute a special tax upon each acre of timberland to assist in defraying the cost of a statewide program of forest fire protection.
Acts 1969, No. 354, § 3; A.S.A. 1947, § 84-312.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 61 - TAX ON TIMBERLANDS AND RANGELANDS (§§ 26-61-101 — 26-61-112) › Section 26-61-105 - Lien on property

The tax if not paid in the manner provided in this chapter shall constitute a lien upon and bind the property on which the tax is imposed until paid.
Acts 1969, No. 354, § 3; A.S.A. 1947, § 84-312.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 61 - TAX ON TIMBERLANDS AND RANGELANDS (§§ 26-61-101 — 26-61-112) › Section 26-61-107 - Classification of lands

(a)
The Assessment Coordination Division shall establish standards for the classification of lands in this state which are deemed as timberlands and shall certify these standards to the respective county assessors of the various counties in this state.
(b)
(1)
It shall be the duty of the several county assessors in the respective counties of this state to identify upon the assessment records of all taxable real property in their respective counties the number of acres of property which are classified as timberlands.
(2)
This information shall be extended on the assessment records submitted to the respective county clerks and shall be extended on the tax books, at the rate of tax per acre of timberlands as provided in this chapter, as a separate item of taxes to be collected by the respective county collectors at the same time that real property taxes are paid.
(c)
The county clerk shall be entitled to a fee of two percent (2%) of the taxes collected under this chapter to defray the costs incurred by the county clerk in performing his or her duties in connection with the taxes levied in this chapter.
Acts 1969, No. 354, § 2; 1971, No. 668, § 1; A.S.A. 1947, § 84-311.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 61 - TAX ON TIMBERLANDS AND RANGELANDS (§§ 26-61-101 — 26-61-112) › Section 26-61-108 - Time for payment

The special taxes levied under this chapter shall be paid by the respective owners of timberlands at the time real property taxes are paid but in no event later than October 15 of the year next following the year in which the taxes were extended on the tax records.
Acts 1969, No. 354, § 2; 1971, No. 668, § 1; A.S.A. 1947, § 84-311; Acts 1993, No. 1039, § 1; 2011, No. 175, § 14.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 61 - TAX ON TIMBERLANDS AND RANGELANDS (§§ 26-61-101 — 26-61-112) › Section 26-61-109 - Penalty and delinquency

(a)
If the tax is not paid within the time provided in this chapter, a penalty of up to twenty-five percent (25%) as determined by ordinance of the county quorum court of the amount shall be added thereto and shall be collected at the time delinquent real property taxes thereon are paid.
(b)
Any delinquent taxes under the provisions of this chapter shall be collected in the same procedures as provided by law for the collection and payment of taxes on real estate. These taxes shall be transmitted monthly by the county collector to the county treasurer for deposit with the Arkansas Forestry Commission as provided in this chapter.
Acts 1969, No. 354, § 3; A.S.A. 1947, § 84-312; Acts 1993, No. 1039, § 2.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 61 - TAX ON TIMBERLANDS AND RANGELANDS (§§ 26-61-101 — 26-61-112) › Section 26-61-110 - Disposition of taxes collected

(a)
The county treasurer on or before the twentieth day following the end of each calendar quarter shall transmit to the Arkansas Forestry Commission all taxes collected under the provisions of this chapter during the preceding calendar quarter.
(b)
The county collector shall be allowed a fee of two percent (2%) as a fee of his or her office to defray the cost of collection, and the county treasurer shall be allowed a two percent (2%) commission in accordance with §
21-6-302
.
(c)
The commission upon receipt thereof shall deposit the same with the Treasurer of State, who shall deposit the moneys as special revenues into the State Forestry Fund as provided in §
26-61-103
.
Acts 1969, No. 354, § 2; 1971, No. 668, § 1; A.S.A. 1947, § 84-311; Acts 1993, No. 1039, § 3.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 61 - TAX ON TIMBERLANDS AND RANGELANDS (§§ 26-61-101 — 26-61-112) › Section 26-61-112 - Exemption from tax

Disabled veterans, surviving spouses of disabled veterans, and surviving minor dependent children of disabled veterans who are eligible for the exemption from the payment of all state taxes on the homestead and personal property owned by them, as provided for in §
26-3-306
, shall be exempt from the payment of the tax levied in this chapter if the amount of tax owed is less than five dollars ($5.00).
Acts 1993, No. 1082, § 1; 1995, No. 1296, § 88.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 62 - ALTERNATIVE FUELS TAX (§§ 26-62-101 — 26-62-214) › Subchapter 1 - GENERAL PROVISIONS (§§ 26-62-101 — 26-62-111) › Section 26-62-101 - Title

This chapter may be known and cited as the "Alternative Fuels Tax Law".
Acts 1993, No. 1119, § 1.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 62 - ALTERNATIVE FUELS TAX (§§ 26-62-101 — 26-62-214) › Subchapter 1 - GENERAL PROVISIONS (§§ 26-62-101 — 26-62-111) › Section 26-62-103 - Penalties

Any person who violates or fails or refuses to comply with any provision of this chapter for which a specific penalty is not otherwise prescribed shall be guilty of a misdemeanor, and upon conviction shall be fined not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000) or imprisoned not less than ten (10) days nor more than sixty (60) days, or both so fined and imprisoned.
Acts 1993, No. 1119, § 3.
Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 5 - STATE TAXES (§§ 26-50-101 — 26-65-108) › Chapter 62 - ALTERNATIVE FUELS TAX (§§ 26-62-101 — 26-62-214) › Subchapter 1 - GENERAL PROVISIONS (§§ 26-62-101 — 26-62-111) › Section 26-62-104 - Rules

The Secretary of the Department of Finance and Administration is authorized and empowered in consultation with the Director of State Highways and Transportation to make and promulgate such rules not inconsistent with this chapter as they shall deem necessary and desirable to facilitate the collection of the taxes levied in this chapter and to otherwise effectuate the purposes of this chapter, and these rules shall have the same effect as if specifically set forth in this chapter.
Amended by Act 2019, No. 315,§ 3050, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 4303, eff. 7/1/2019.
Amended by Act 2017, No. 707,§ 302, eff. 8/1/2017.
Acts 1993, No. 1119, § 4.