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 52 - GROSS RECEIPTS TAX (§§ 26-52-101 — 26-52-1601) › Subchapter 8 - CUSTOM MANUFACTURED HOMES (§§ 26-52-801 — 26-52-804) › Section 26-52-803 - Enforcement

(a)
Any permittee who fraudulently attempts to evade any provision of this section or of this chapter shall be subject to having his or her permit revoked after notice and hearing provided in §
26-52-209
.
(b)
(1)
Upon payment of all applicable registration and title fees, any manufactured home retailer licensed pursuant to §
27-14-601(a)(6)
that makes a subsequent purchase of a manufactured home for which the seller does not have a certificate of title may register the manufactured home for the sole purpose of obtaining a certificate of title.
(2)
No license plate or decal shall be provided with the registration.
Acts 1985, No. 1068, § 3; A.S.A. 1947, § 84-1936.3; Acts 2003, No. 365, § 1; 2005, No. 2254, § 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 52 - GROSS RECEIPTS TAX (§§ 26-52-101 — 26-52-1601) › Subchapter 9 - STEEL MILL TAX INCENTIVES (§§ 26-52-901 — 26-52-914) › Section 26-52-901 - Definitions

As used in this subchapter:
(1)
"Invested" includes expenditures made from the proceeds of bonds, including interim notes or other evidence of indebtedness, issued by a municipality, county, or an agency or instrumentality of a municipality, county, or the State of Arkansas, if the obligation to repay the bonds, including interest thereon, is a legal binding obligation, directly or indirectly, of the taxpayer; and
(2)
"Qualified manufacturer of steel" means any natural person, company, or corporation engaged in the manufacture, refinement, or processing of steel whenever more than fifty percent (50%) of the electricity or more than fifty percent (50%) of the natural gas consumed in the manufacture, refinement, or processing of steel is used to power an electric arc furnace or furnaces, continuous casting equipment, or rolling mill equipment in connection with the melting, continuous casting, or rolling of steel or in the preheating of steel for processing through a rolling mill or rolling mills, or both.
Acts 1987, No. 48, § 1; 1987, No. 575, § 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 52 - GROSS RECEIPTS TAX (§§ 26-52-101 — 26-52-1601) › Subchapter 9 - STEEL MILL TAX INCENTIVES (§§ 26-52-901 — 26-52-914) › Section 26-52-902 - Certification required

(a)
To claim the benefits of this subchapter, 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)
(i)
Machinery and equipment to be located in or in connection with the steel mill.
(ii)
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 or 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, processing, and testing 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.
(c)
To claim the benefits of §
26-52-903
, a taxpayer must be certified before July 1, 1989, pursuant to subsection (a) of this section or obtain a certification before July 1, 1989, from the Director of the Arkansas Economic Development Commission certifying to the division that the taxpayer meets the definition of "qualified manufacturer of steel" contained in §
26-52-901
.
Amended by Act 2013, No. 1135,§ 16, eff. 8/16/2013.
Acts 1987, No. 48, § 1; 1987, No. 575, § 1; 1993, No. 403, § 24; 1997, No. 540, §§ 60, 91.
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 52 - GROSS RECEIPTS TAX (§§ 26-52-101 — 26-52-1601) › Subchapter 9 - STEEL MILL TAX INCENTIVES (§§ 26-52-901 — 26-52-914) › Section 26-52-903 - Exemption from taxes

Sales of natural gas and electricity to taxpayers qualified under §
26-52-902
for use in connection with the steel mill shall be exempt from:
(1)
The gross receipts tax levied by this chapter;
(2)
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 1987, No. 48, § 4; 1987, No. 575, § 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 52 - GROSS RECEIPTS TAX (§§ 26-52-101 — 26-52-1601) › Subchapter 9 - STEEL MILL TAX INCENTIVES (§§ 26-52-901 — 26-52-914) › Section 26-52-911 - Definitions

As used in this section and §§
26-52-912
-
26-52-914
:
(1)
"Invested" includes expenditures made from the proceeds of bonds including interim notes or other evidence of indebtedness issued by a municipality, county, or an agency or instrumentality of a municipality, county, or the State of Arkansas, if the obligation to repay the bonds, including interest thereon, is a legal, binding obligation, directly or indirectly, of the taxpayer;
(2)
"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; and
(3)
A taxpayer is a "qualified manufacturer of steel" if:
(A)
The taxpayer is a natural person, company, or corporation engaged in the manufacture, refinement, or processing of steel; and
(B)
More than fifty percent (50%) of the electricity or natural gas consumed in the manufacture, refinement, or processing of steel by the taxpayer is used either:
(i)
To power an electric arc furnace or furnaces, continuous casting equipment, or rolling mill equipment in connection with melting, continuous casting, or rolling of steel; or
(ii)
In the preheating of steel for processing through a rolling mill.
Acts 1991, No. 136, § 1; 1991, No. 137, § 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 52 - GROSS RECEIPTS TAX (§§ 26-52-101 — 26-52-1601) › Subchapter 9 - STEEL MILL TAX INCENTIVES (§§ 26-52-901 — 26-52-914) › Section 26-52-912 - Certification required - Contents

To claim the benefits of §
26-52-911
, this section, and §§
26-52-913
-
26-52-914
, a taxpayer must obtain certification prior to June 30, 1994, from the Director of the Arkansas Economic Development Commission certifying to the Revenue Division of the Department of Finance and Administration that:
(1)
The taxpayer is a "qualified manufacturer of steel" as defined in §
26-52-911
; or
(2)
(A)
The taxpayer operates a steel mill in Arkansas which began production after February 13, 1991; and
(B)
The taxpayer has invested, after February 13, 1991, 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:
(i)
Property purchased for use in the construction of a building or buildings or any addition or improvement thereon to house the steel mill;
(ii)
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
(iii)
Project planning costs; construction labor costs, including on-site direct labor and supervision whether employed by a contractor or the project owner; architectural or engineering fees; 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 administration 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.
Acts 1991, No. 136, § 2; 1991, No. 137, § 2; 1997, No. 540, § 92.
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 52 - GROSS RECEIPTS TAX (§§ 26-52-101 — 26-52-1601) › Subchapter 9 - STEEL MILL TAX INCENTIVES (§§ 26-52-901 — 26-52-914) › Section 26-52-913 - Net operating loss deduction - Carry forward

Taxpayers qualified under §
26-52-912(2)
and entitled to a net operating loss deduction as provided in §
26-51-427
may carry forward that deduction to the next-succeeding taxable year following the year of the net operating loss and annually thereafter for a total period of ten (10) years or until the net operating loss has been exhausted, whichever is earlier. The net operating loss deduction must be carried forward in the order named above.
Acts 1991, No. 136, § 3; 1991, No. 137, § 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 52 - GROSS RECEIPTS TAX (§§ 26-52-101 — 26-52-1601) › Subchapter 9 - STEEL MILL TAX INCENTIVES (§§ 26-52-901 — 26-52-914) › Section 26-52-914 - Exemption of sales of natural gas and electricity

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.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-101 - Title

The title of this subchapter shall be cited as the "Arkansas Compensating Tax Act of 1949".
Acts 1949, No. 487, § 1; A.S.A. 1947, § 84-3101.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-103 - Administration of subchapter

(a)
The administration of this subchapter is vested in and shall be exercised by the Secretary of the Department of Finance and Administration.
(b)
The administration cost of this subchapter shall not exceed three percent (3%) of the actual revenues collected.
Amended by Act 2019, No. 910,§ 3896, eff. 7/1/2019.
Acts 1949, No. 487, §§ 3, 28; A.S.A. 1947, §§ 84-3103, 84-3128.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-104 - Rules - Forms

(a)
The Secretary of the Department of Finance and Administration shall promulgate rules and prescribe forms for the proper enforcement of this subchapter.
(b)
(1)
The rules and forms shall be dated and issued under a systematic method of numbering, and copies shall be made available to any person requesting them.
(2)
A complete file of all the rules and forms shall be kept in the office of the secretary.
Amended by Act 2019, No. 315,§ 2998, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3898, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 3897, eff. 7/1/2019.
Acts 1949, No. 487, § 3; A.S.A. 1947, § 84-3103.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-105 - Sales and Use Tax Section

The Secretary of the Department of Finance and Administration shall create within the Revenue Division of the Department of Finance and Administration the Sales and Use Tax Section for the collection, enforcement, and administration of the tax levied by this subchapter.
Amended by Act 2019, No. 910,§ 3899, eff. 7/1/2019.
Acts 1949, No. 487, § 2; A.S.A. 1947, § 84-3102.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-108 - Imposition and rate of tax on certain personal property

(a)
For the following public carriers, a state compensating tax of three percent (3%) of the gross purchase price is levied on the tangible personal property of:
(1)
Motor carriers, consisting of tractors, trailers, semitrailers, trucks, buses, and other rolling stock, including replacement tires, used directly in the transportation of persons or property in intrastate or interstate common carrier transportation;
(2)
Railroads, except fuel consumed in the operation of railroad rolling stock;
(3)
Pipelines, consisting of transmission lines and pumping or pressure control equipment used directly in or connected to the primary pipeline facility engaged in intrastate or interstate common carrier transportation of property; and
(4)
Airlines, consisting of airplanes and navigation instruments used directly in or becoming a part of flight aircraft engaged in transportation of persons or property in regular scheduled intrastate or interstate common carrier transportation.
(b)
For public telephone and telegraph companies, a state compensating tax of three percent (3%) of the gross purchase price is levied on tangible personal property consisting of exchange equipment, lines, boards, and all accessory devices used directly in and connected to the primary facility engaged in transmission of messages.
(c)
For the following public utilities, a state compensating tax of three percent (3%) of the gross purchase price is levied on the tangible personal property of:
(1)
Gas companies, consisting of transmission and distribution pipelines and pumping or pressure control equipment used in connection with transmission and distribution pipelines that are used directly in the primary pipeline facility for the purpose of transporting and delivering natural gas;
(2)
Water companies, consisting of transmission and distribution lines, pumping machinery and controls used in connection with transmission and distribution lines, and cleaning or treating equipment of a primary water distribution system; and
(3)
Public electric power companies, consisting of all machinery and equipment, including reactor cores, related accessory devices used in the generation and production of electric power and energy, and transmission facilities consisting of the lines, including poles, towers, and other supporting structures, transmitting electric power and energy with substations located on and attached to the lines.
Acts 1971, No. 222, §§ 1, 2; A.S.A. 1947, §§ 84-3105.1, 84-3105.2; Acts 2009, No. 655, § 31.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-109 - Tax on use, storage, or distribution of computer software - Definitions

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.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-110 - Financial institutions

Sales of tangible personal property, specified digital products, a digital code, and services to financial institutions are subject to the state compensating tax levied in this subchapter, the same as such sales to other business corporations.
Amended by Act 2017, No. 141,§ 49, eff. for tax years beginning on and after 1/1/2018.
Acts 1973, No. 182, § 6; A.S.A. 1947, § 84-1937.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-111 - Deduction for bad debts

A bad debt deduction from a taxable sale under this subchapter is allowed and shall be taken in the same manner as provided in §
26-52-309
.
Acts 1983 (1st Ex. Sess.), No. 94, § 1; A.S.A. 1947, § 84-1950; Acts 2003, No. 1273, §§ 18-21; 2007, No. 181, § 33.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-112 - Exemptions generally

There are specifically exempted from the taxes levied in this subchapter:
(1)
Property or services, the storage, use, distribution, or consumption of which this state is prohibited from taxing under the United States Constitution or laws or the Arkansas Constitution or laws; and
(2)
Sales of tangible personal property, specified digital products, a digital code, or services on which the tax under the Arkansas Gross Receipts Act of 1941, §
26-52-101
et seq., is levied and any tangible personal property, specified digital products, digital codes, or services specifically exempted from taxation by the Arkansas Gross Receipts Act of 1941, §
26-52-101
et seq., and legislation enacted subsequent to the Arkansas Gross Receipts Act of 1941, §
26-52-101
et seq.
Amended by Act 2017, No. 141,§ 50, eff. for tax years beginning on and after 1/1/2018.
Acts 1949, No. 487, § 6; 1971, No. 222, § 3; A.S.A. 1947, § 84-3106; Acts 2003, No. 1273, § 22.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-113 - Exemption for unprocessed crude oil

Unprocessed crude oil is specifically exempted from the taxes levied in this subchapter.
Acts 1949, No. 487, § 6; 1968 (1st Ex. Sess.), No. 5, § 2; 1971, No. 222, § 3; A.S.A. 1947, § 84-3106.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-115 - Exemption for certain aircraft and railroad cars, parts, and equipment

(a)
The tax levied in this subchapter shall not apply to aircraft, aircraft equipment, and railroad parts, cars, and equipment, or to tangible personal property owned or leased by aircraft, airmotive, or railroad companies brought into the State of Arkansas solely and exclusively for:
(1)
Refurbishing, conversion, or modification within this state and which is not used or intended for use in this state, and the presence of such tangible personal property within this state shall not be construed as storage, use, or consumption in this state for the purpose of this subchapter if the aircraft, aircraft equipment, and railroad parts, cars, and equipment, or tangible personal property is removed from this state within sixty (60) days from the date of the completion of the refurbishing, conversion, or modification; or
(2)
Storage for use outside or inside the State of Arkansas regardless of the length of time any such property is so stored in the State of Arkansas.
(b)
If any such property is subsequently initially used in the State of Arkansas, the tax levied by this subchapter shall be and become applicable to the property so used in Arkansas.
(c)
The General Assembly determines that it was not the intent of this subchapter to impose the compensating tax upon aircraft, aircraft equipment, and railroad parts, cars, and equipment or to any tangible personal property owned or leased by aircraft, airmotive, or railroad companies as provided in §
26-53-106
and as classified by this section.
Acts 1949, No. 487, § 5; 1957, No. 19, § 2; 1959, No. 260, § 2; 1975 (Extended Sess., 1976), No. 1237, §§ 1, 2; A.S.A. 1947, §§ 84-3105, 84-3105n; reen. Acts 1987, No. 772, § 1; 1995, No. 848, § 3; 2009, No. 655, § 33.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-116 - Exemption for sale and purchase of certain vessels

The gross receipts and gross proceeds derived from the sale and purchase of vessels, barges, and towboats of at least a fifty-ton load displacement and parts and labor used in the repair and construction of them are exempt from the state compensating tax levied by this subchapter.
Acts 1979, No. 449, § 1; A.S.A. 1947, § 84-1904.8.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-117 - Exemption for motor fuels used in municipal buses - Penalties for abuse of exemption

(a)
The gross receipts or gross proceeds derived from the sale of motor fuel to the owner or operator of a motor bus operated on designated streets according to regular schedule under municipal franchise which is used for municipal transportation purposes shall be exempt from the tax levied in this subchapter.
(b)
However, it shall be unlawful for the owner or operator of a motor bus operating under municipal franchise as provided in this section to use any or permit the use of any motor fuel upon which the compensating tax has not been paid in any motor vehicle other than a motor bus operated on designated streets according to regular schedules under municipal franchise.
(c)
(1)
Any owner or operator of a motor bus permitting motor fuel to be used in violation of this section shall be guilty of a violation and upon conviction shall be fined in an amount of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000).
(2)
In addition to the fine in subdivision (c)(1) of this section, the owner or operator shall be liable to the State of Arkansas for a penalty of triple the amount of compensating tax due the State of Arkansas on any motor fuel upon which the compensating taxes have not been paid and which was used in violation of the provisions of this section.
Acts 1971, No. 600, § 3; A.S.A. 1947, § 75-1148.9; Acts 2005, No. 1994, § 174.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-118 - Exemption for modular homes

The storage, use, or consumption of a modular home constructed from materials on which the Arkansas gross receipts tax or state compensating tax has once been paid shall be exempt from the state compensating tax.
Acts 1985, No. 1068; § 4; A.S.A. 1947, § 84-3106.1; Acts 2003, No. 365, § 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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-119 - Exemption for sale of products for treating livestock and poultry and other commercial agricultural production

The gross receipts or gross proceeds derived from sales of the following are exempt from the state compensating tax as levied by this subchapter:
(1)
Agricultural fertilizer;
(2)
Agricultural limestone; and
(3)
Agricultural chemicals, including, but not limited to:
(A)
Agricultural pesticides and herbicides used in commercial production of agricultural products;
(B)
Vaccines, medications, and medicinal preparations used in treating livestock and poultry being grown for commercial purposes; and
(C)
Chemicals, nutrients, and other ingredients used in the commercial production of yeast.
Acts 1973, No. 68, § 1; 1985, No. 1013, § 1; A.S.A. 1947, § 84-1905.2; Acts 1993, No. 98, § 2; 1993, No. 151, § 2; 1995, No. 1296, § 87.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-120 - Feedstuffs used for livestock - Definition

(a)
All feedstuffs used in the commercial production of livestock or poultry in this state are exempt from the state compensating tax as levied by this subchapter.
(b)
As used in this section, "feedstuffs" means:
(1)
Processed or unprocessed grains;
(2)
Mixed or unmixed grains;
(3)
Whole or ground hay;
(4)
Whole or ground straw;
(5)
Hulls, whether or not mixed with other materials; and
(6)
All food supplements, whether or not nutritional or medicinal, including hormones, antibiotics, vitamins, minerals, and medications ingested by poultry or livestock.
Acts 1955, No. 94, § 1; 1985, No. 1013, § 3; A.S.A. 1947, § 84-1924.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-121 - Registration of vendors

Every vendor selling tangible personal property, specified digital products, a digital code, or taxable services for storage, use, distribution, or consumption in this state shall:
(1)
Register with the Secretary of the Department of Finance and Administration;
(2)
Provide the location of any distribution or sales houses or offices of other places of business in this state; and
(3)
Provide other information as the secretary may require.
Amended by Act 2019, No. 910,§ 3902, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 3901, eff. 7/1/2019.
Amended by Act 2017, No. 141,§ 51, eff. for tax years beginning on and after 1/1/2018.
Acts 1949, No. 487, § 7; A.S.A. 1947, § 84-3107; Acts 1987 No. 27, § 1; 1993, No. 617, § 3; 2003, No. 1273, § 23; 2007, No. 181, § 34.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-122 - Agents furnished statements of compliance

Every vendor selling tangible personal property, specified digital products, a digital code, or taxable services for storage, use, distribution, or consumption in this state shall furnish all agents with a statement to the effect that the agent's principal has been and is complying with the provisions of this subchapter.
Amended by Act 2017, No. 141,§ 51, eff. for tax years beginning on and after 1/1/2018.
Acts 1949, No. 487, § 7; A.S.A. 1947, § 84-3107; Acts 2003, No. 1273, § 24.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-123 - Liability for tax

(a)
Every person storing, using, distributing, or consuming in this state tangible personal property, specified digital products, a digital code, or taxable services purchased from a vendor shall be liable for the tax imposed by this subchapter, and the liability shall not be extinguished until the tax has been paid to this state.
(b)
However, a receipt from a vendor authorized by the Secretary of the Department of Finance and Administration under such rules as he or she may prescribe to collect the tax imposed given to the purchaser in accordance with the provisions of §§
26-53-121
and
26-53-122
shall be sufficient to relieve the purchaser from further liability for the tax to which the receipt may refer.
Amended by Act 2019, No. 315,§ 3001, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3903, eff. 7/1/2019.
Amended by Act 2017, No. 141,§ 52, eff. for tax years beginning on and after 1/1/2018.
Acts 1949, No. 487, § 5; 1957, No. 19, § 2; 1959, No. 260, § 2; A.S.A. 1947, § 84-3105; Acts 2003, No. 1273, § 25.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-124 - Collection of tax by vendor - Definition

(a)
(1)
(A)
Every vendor making a sale of tangible personal property, specified digital products, a digital code, or taxable services directly or indirectly for the purpose of storage, use, distribution, or consumption in this state shall collect the tax from the purchaser and give a receipt for the tangible personal property, specified digital products, digital code, or taxable services.
(B)
Subdivision (a)(1)(A) of this section includes all out-of-state vendors who deliver merchandise and taxable services into Arkansas in their own conveyance when such merchandise or services will be stored, used, distributed, or consumed within this state.
(C)
The sale of tangible personal property, specified digital products, a digital code, or taxable services shall be sourced according to §§
26-52-521
-
26-52-523
.
(2)
The required amount of the tax collected by the vendor from the purchaser shall be displayed separately upon the check, sales slip, bill, receipt, or other evidence of sale.
(3)
The processing of orders electronically, by fax, telephone, the internet, or other electronic ordering process, or the processing of orders by non-electronic means, by mail order, fax, telephone, or otherwise, does not relieve a vendor of responsibility for collection of the tax from the purchaser if both the following conditions exist:
(A)
The vendor holds a substantial ownership interest, directly or through a subsidiary, in a retailer maintaining sales locations in Arkansas or is owned in whole or in substantial part by a retailer or by a parent or subsidiary of the retailer; and
(B)
The vendor sells the same or a substantially similar line of products as the Arkansas retailer under the same or a substantially similar business name, or the facilities or employees of the Arkansas retailer are used to advertise or promote sales by the vendor to Arkansas purchasers.
(4)
As used in this section, "substantial ownership interest" in an entity means that degree of ownership of equity interests in an entity that is not less than that degree of ownership specified by
26 U.S.C. § 267
, as in effect on January 1, 2001, with respect to a person other than a director or officer.
(b)
Nothing in this section shall be construed to repeal any exemption from the Arkansas Gross Receipts Act of 1941, §
26-52-101
et seq., or this subchapter.
Amended by Act 2017, No. 141,§ 53, eff. for tax years beginning on and after 1/1/2018.
Acts 1949, No. 487, § 8; 1957, No. 19, §§ 3, 4; A.S.A. 1947, §§ 84-3108, 84-3108n; Acts 1997, No. 951, § 31; 2001, No. 922, § 1; 2003, No. 1273, § 26.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-127 - Refunds to governmental agencies

A governmental agency may apply to the Secretary of the Department of Finance and Administration for refund of the amount of the tax levied and paid upon sales to it for food and food ingredients used for free distribution to the poor and needy or to public penal and eleemosynary institutions, as provided by law.
Amended by Act 2019, No. 910,§ 3912, eff. 7/1/2019.
Acts 1949, No. 487, § 6; 1971, No. 222, § 3; A.S.A. 1947, § 84-3106; Acts 2007, No. 181, § 36.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-128 - Tax - A lien upon property

The tax or excise levied by this subchapter shall constitute a lien upon the property of the purchaser of tangible personal property coming within the provisions of this subchapter.
Acts 1949, No. 487, § 5; 1957, No. 19, § 2; 1959, No. 260, § 2; A.S.A. 1947, § 84-3105.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-129 - Suits for violations of subchapter - Agent for service

(a)
In all suits brought in any of the courts of this state by the Secretary of the Department of Finance and Administration against any vendor for any violation of this subchapter, the suits shall be brought thereon in any courts of this state having jurisdiction of the subject matter.
(b)
(1)
Every vendor shall designate with the Secretary of the Department of Finance and Administration an agent for service within this state for the purpose of enforcing this subchapter.
(2)
If a vendor has not designated or shall fail to designate with the Secretary of the Department of Finance and Administration an agent for service within this state, then the Secretary of State shall be deemed the agent for service, or any agent or employee of the vendor within this state shall be deemed agent for service.
Amended by Act 2019, No. 910,§ 3913, eff. 7/1/2019.
Acts 1949, No. 487, § 11; A.S.A. 1947, § 84-3111.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-131 - Credit for tax paid in another state

(a)
(1)
(A)
(i)
This subchapter does not apply to tangible personal property, specified digital products, a digital code, or taxable services used, consumed, distributed, or stored in this state upon which a like tax equal to or greater than the tax imposed by this subchapter has been paid in another state.
(ii)
Proof of payment of such a tax shall be made according to the rules promulgated by the Secretary of the Department of Finance and Administration.
(B)
If the amount of tax paid in another state is less than the amount of Arkansas compensating tax imposed on the property or services by this subchapter, then the taxpayer shall pay to the secretary an amount of Arkansas compensating tax sufficient to make the combined amount of tax paid in the other state and this state equal to the total amount of Arkansas compensating tax that would be due if no tax on the property or services had been paid to any other state.
(2)
No credit shall be given under this section for taxes paid on the property or services in another state if that state does not grant credit for taxes paid on similar tangible personal property, specified digital products, digital codes, or services in this state.
(b)
The provisions of this section shall be cumulative to the provisions of this subchapter and shall not be construed as repealing or modifying any of the provisions of this subchapter.
(c)
A credit is not allowed for sales or use taxes paid to another state with respect to the purchase of a motor vehicle, trailer, or semitrailer that was first registered by the purchaser in Arkansas.
Amended by Act 2019, No. 315,§ 3002, eff. 7/24/2019.
Amended by Act 2019, No. 910,§ 3915, eff. 7/1/2019.
Amended by Act 2019, No. 910,§ 3914, eff. 7/1/2019.
Amended by Act 2017, No. 141,§ 56, eff. for tax years beginning on and after 1/1/2018.
Acts 1989, No. 395, § 3; 1989 (3rd Ex. Sess.), No. 9, § 2; 2003, No. 1273, § 31; 2009, No. 655, § 37; 2011, No. 983, § 12.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-132 - Refund for construction of childcare facility - Definition

(a)
A business which operates, or contracts for the operation of, a childcare facility for the primary purpose of providing childcare services to its employees may obtain a refund of the compensating use tax paid on the purchase of construction materials and furnishings used in the initial construction and equipping of the childcare facility after the facility is licensed pursuant to the Childcare Facility Licensing Act, §
20-78-201
et seq.
(b)
(1)
As used in this section, "childcare facility" means a childcare facility licensed under the Childcare Facility Licensing Act, §
20-78-201
et seq. To qualify as a childcare facility, the child care shall provide an appropriate early childhood program as defined in §
6-45-103
.
(2)
A childcare facility may be operated for the use of one (1) or more employers.
Acts 1993, No. 820, § 2; 1993, No. 987, § 2; 1995, No. 850, § 4; 2009, No. 655, § 38.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-133 - Exemption for manufacturing forms

Forms constructed of plaster, cardboard, fiberglass, natural fibers, synthetic fibers, or composites thereof which determine the physical characteristics of an item of tangible personal property and which are destroyed or consumed during the manufacture of the item for which the destroyed or consumed form was built are hereby exempt from the taxes levied in this subchapter.
Acts 1993, No. 1001, § 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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-134 - Exemption for natural gas used in manufacture of glass

The gross receipts or gross proceeds derived from sales of natural gas used as fuel in the process of manufacturing glass is hereafter exempt from:
(1)
The Arkansas gross receipts tax levied by §§
26-52-301
and
26-52-302
;
(2)
The Arkansas compensating use tax levied by §§
26-53-106
and
26-53-107
; and
(3)
All city and county sales and use taxes.
Acts 1993, No. 1140, § 1; 2007, No. 182, § 24.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-135 - Exemption for sales to Community Services Clearinghouse, Inc., of Fort Smith

The gross receipts or gross proceeds derived from sales to the Community Services Clearinghouse, Inc., of Fort Smith are hereafter exempt from:
(1)
The Arkansas gross receipts tax levied by §§
26-52-301
,
26-52-302
, and
26-63-402
;
(2)
The Arkansas compensating use tax levied by §§
26-53-106
and
26-53-107
; and
(3)
All city and county sales and use taxes.
Acts 1993, No. 913, § 1; 2007, No. 182, § 25.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-136 - Exemption for nonprofit food distribution agencies

The gross receipts or gross proceeds derived from the sale of food and food ingredients to nonprofit agencies organized under the Arkansas Nonprofit Corporation Act, §
4-28-201
et seq., for free distribution to the poor and needy shall be exempt from the Arkansas gross receipts tax levied by this subchapter.
Acts 1993, No. 1144, § 1; 2007, No. 181, § 37.
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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-137 - Exemption for railroad rolling stock manufactured for use in interstate commerce

Railroad rolling stock manufactured for use in transporting persons or property in interstate commerce is exempt from the taxes levied in this subchapter.
Acts 1994 (2nd Ex. Sess.), No. 25, § 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 53 - COMPENSATING OR USE TAXES (§§ 26-53-101 — 26-53-303) › Subchapter 1 - ARKANSAS COMPENSATING TAX ACT OF 1949 (§§ 26-53-101 — 26-53-150) › Section 26-53-138 - Exemption for property purchased for use in performance of construction contract - Definition

(a)
A contractor that purchases tangible personal property which becomes a recognizable part of a completed structure or improvement to real property and which is purchased for use or consumption in the performance of construction contracts shall be entitled to a rebate on any additional gross receipts tax or compensating use tax levied by the state or any city or county if:
(1)
The construction contract for which the tangible personal property was purchased is entered into prior to the effective date of the levy of the additional state, city, or county gross receipts tax or compensating use tax; and
(2)
The contractor paid the additional gross receipts or compensating use tax to the seller.
(b)
As used in this section, "construction contract" means a contract to construct, manage, or supervise the construction, erection, or substantial modification of a building or other improvement or structure affixed to real property. "Construction contract" shall not mean a contract to produce tangible personal property.
(c)
The rebate provided by this section shall apply to tangible personal property purchased within five (5) years from the effective date of the levy of the additional state, city, or county gross receipts tax or compensating use tax.
(d)
The rebate provided by this section shall not apply to cost-plus contracts which allow the contractor to pass any additional tax on to the principal as a part of the contractor's costs.
(e)
Interest shall not accrue or be paid on an amount subject to a claim for rebate pursuant to this section.
(f)
The Secretary of the Department of Finance and Administration shall promulgate rules and prescribe forms for claiming a rebate as provided by this section.
Amended by Act 2019, No. 910,§ 3916, eff. 7/1/2019.
Acts 1995, No. 387, §§ 1-3; 2007, No. 181, § 38.