51 chapters · 1,912 sections in this title.
Ark. Code Ann. § 26-51-307 Retirement or disability benefits — Definition
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(a) (1) The first six thousand dollars ($6,000) of benefits received by a resident of this state from an individual retirement account or the first six thousand dollars ($6,000) of retirement benefits received by a resident of this state from public or private employment-related …
Ark. Code Ann. § 26-51-308 Trusts for qualified deferred compensation plans exempt
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An organization or trust described in 26 U.S.C. § 401(a), as in effect on January 1, 2009, is exempt from income taxation under the Income Tax Act of 1929, § 26-51-101 et seq.
Ark. Code Ann. § 26-51-309 Charitable remainder trusts
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(a) Title 26 U.S.C. § 664, as in effect on January 1, 2017, and the regulations of the United States Secretary of the Treasury promulgated under 26 U.S.C. § 664 and in effect on January 1, 2017, are adopted for the purpose of computing the tax liability of charitable remainder tr…
Ark. Code Ann. § 26-51-310 Foreign income exclusion
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Title 26 U.S.C. §§ 911 and 912, as in effect on January 1, 2007, 26 U.S.C. § 911 regarding citizens or residents of the United States living abroad, and 26 U.S.C. § 912 regarding certain allowances for citizens or residents of the United States living abroad, are adopted for the …
Ark. Code Ann. § 26-51-311 Qualified windmill blade manufacturing exemption
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(a) A qualified windmill blade manufacturer that meets the criteria found in subsection (b) of this section is exempt from income taxes levied under the Income Tax Act of 1929, § 26-51-101 et seq., until December 31, 2033. (b) A windmill blade manufacturer shall meet the followin…
Ark. Code Ann. § 26-51-312 Qualified windmill blade and windmill component manufacturing exemption
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(a) A qualified windmill blade or windmill component manufacturer that meets the criteria under this section is eligible for a limited exemption from the income taxes levied under the Income Tax Act of 1929, § 26-51-101 et seq. (b) To qualify for a limited exemption under this se…
Ark. Code Ann. § 26-51-313 Qualified drop-in biofuels manufacturing exemption — Definitions
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(a) There is allowed an exemption from the income tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., for the period of time determined under subsection (b) of this section for a qualified drop-in biofuels manufacturer. (b) The number of years that an income tax exemp…
Ark. Code Ann. § 26-51-314 Payments from an agricultural disaster program to a cattle farmer or cattle rancher — Definition
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(a) As used in this section, “agricultural disaster program” means a program that provides compensation to a cattle farmer or cattle rancher who has suffered a loss as the result of an emergency, a disaster, or declining market prices or value, including without limitation the fo…
Ark. Code Ann. § 26-51-315 Community Match Rural Physician Recruitment Program incentives
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There is allowed an exemption from the income tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., for a community match income incentive received by a taxpayer under the Community Match Rural Physician Recruitment Program, §§ 6-81-701 — 6-81-722.
Ark. Code Ann. § 26-51-316 Disaster relief payments and rebates
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(a) There is allowed an exemption from the income tax imposed under this chapter for:(1) Payments made to a taxpayer by the United States Department of Agriculture under the Market Facilitation Program authorized by 15 U.S.C. § 714c, as it existed on January 1, 2020;(2) Recovery …
Ark. Code Ann. § 26-51-401 Tax year — Accounting method
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(a) A taxpayer must calculate his or her Arkansas income tax liability using the same accounting method for Arkansas income tax purposes as used for federal income tax purposes. (b) A taxpayer must provide to the Secretary of the Department of Finance and Administration a copy of…
Ark. Code Ann. § 26-51-402 Tax year — Basis for determining liability
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(a) A taxpayer must calculate his or her Arkansas income tax liability using the same income year for Arkansas income tax purposes as used for federal income tax purposes. (b) A taxpayer must provide to the Secretary of the Department of Finance and Administration a copy of any c…
Ark. Code Ann. § 26-51-403 Income generally
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(a) The term “net income” means the adjusted gross income of a taxpayer less the deductions allowed by the Income Tax Act of 1929, § 26-51-101 et seq. (b) “Adjusted gross income” means, in the case of an individual, gross income minus the following deductions:(1) Trade and busine…
Ark. Code Ann. § 26-51-404 Gross income generally
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(a) (1) “Gross income” includes:(A) Gains, profits, and income derived from salaries, wages, or compensation for personal service of whatever kind and in whatever form paid;(B) Gains, profits, and income derived from professions, vocations, trades, business, commerce, or sales;(C…
Ark. Code Ann. § 26-51-405 Partnership income
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(a) An individual carrying on business as a partner in a partnership shall be liable for income tax only in his or her individual capacity and shall include in his or her gross income the distributive share of the net income or net loss of the partnership received by him or her o…
Ark. Code Ann. § 26-51-406 Income to beneficiaries of trusts and estates
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(a) Every individual, taxable under the Income Tax Act of 1929, § 26-51-101 et seq., who is a beneficiary of an estate or trust shall include in his or her gross income the distributive share of the income or loss of the estate or trust received by him or her or distributable to …
Ark. Code Ann. § 26-51-407 Financial institutions
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(a) A financial institution having its principal office in this state shall be taxed as a business corporation organized and existing under the laws of this state. (b) (1) A financial institution having its principal office outside this state but doing business in this state shal…
Ark. Code Ann. § 26-51-408 Dividends of financial institutions taxable
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Dividends paid on shares of stock of financial institutions shall be subject to income tax under the Income Tax Act of 1929, § 26-51-101 et seq., on the same basis as dividends on shares of stock of business corporations.
Ark. Code Ann. § 26-51-409 Federal Subchapter S adopted
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(a) Subchapter S of the Internal Revenue Code, 26 U.S.C. § 1361 et seq., as in effect on January 1, 2019, regarding small business corporations, is adopted for the purpose of computing Arkansas income tax liability. (b) (1) (A) A corporation shall be treated as a Subchapter S cor…
Ark. Code Ann. § 26-51-410 Inventory
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Whenever, in the opinion of the Secretary of the Department of Finance and Administration, the use of inventories is necessary in order to clearly determine the income of any taxpayer, inventories shall be taken by the taxpayer, upon such basis as the secretary may prescribe, con…
Ark. Code Ann. § 26-51-411 Gain or loss — Sale of property
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(a) For the purpose of ascertaining the gain or loss from the sale or other disposition of real, personal, or mixed property, the basis shall be, in the case of property acquired before January 1, 1928, the assessed valuation of such property on the county tax books as of that da…
Ark. Code Ann. § 26-51-412 Gain or loss — Exchange of property
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(a) (1) For the purpose of determining gain or loss, when property is exchanged for other property the property received in exchange shall be treated as the equivalent of cash to the amount of its fair market value if a market exists in which all the property so received can be d…
Ark. Code Ann. § 26-51-413 Corporate liquidations
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(a) Title 26 U.S.C. §§ 332, 334, 336, 337, and 338, as in effect on January 1, 2007, regarding the liquidations of corporations, are adopted for the purpose of computing Arkansas income tax liability. (b) For the purposes of the application of this section, the transition rule of…
Ark. Code Ann. § 26-51-414 Deferred compensation plans
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(a) (1) The following sections relating to annuities, retirement savings, and employee benefit plans are adopted for the purpose of computing Arkansas income tax liability, except Arkansas capital gains treatment and the Arkansas tax rates shall apply:(A) Title 26 U.S.C. §§ 72, 2…
Ark. Code Ann. § 26-51-415 Deductions — Interest
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Title 26 U.S.C. § 163, as in effect on January 1, 2017, regarding deductions for interest expenses, is adopted for the purpose of computing Arkansas income tax liability.
Ark. Code Ann. § 26-51-416 Deductions — Taxes
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In computing net income, there shall be allowed as deductions taxes paid or accrued within the income year, imposed by the authority of the United States or any of its possessions or of any state, territory, or any political subdivision of any state or territory, or the District …
Ark. Code Ann. § 26-51-417 Deductions — Alimony or separate maintenance
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(a) Title 26 U.S.C. § 71 [repealed], in effect on January 1, 1987, is adopted for purposes of determining the amount of alimony or separate maintenance to include in the gross income of the recipient. (b) Title 26 U.S.C. § 215 [repealed], in effect on January 1, 1987, is adopted …
Ark. Code Ann. § 26-51-418 Deductions — Child with disability — Definitions
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(a) In addition to any other state income tax deduction permitted by law, a taxpayer in this state who is maintaining, supporting, and caring for a totally and permanently disabled child in his or her home shall be permitted a deduction on his or her Arkansas income taxes of five…
Ark. Code Ann. § 26-51-419 Deductions — Charitable contributions
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(a) (1) Title 26 U.S.C. § 170, as in effect on January 1, 2019, regarding deductions for charitable contributions, is adopted for the purpose of computing Arkansas income tax liability.(2) However, with respect to contributions of qualified appreciated stock within the meaning of…
Ark. Code Ann. § 26-51-420 Deductions — Education service cooperative contributions
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Education service cooperatives created under The Education Service Cooperative Act of 1985, § 6-13-1001 et seq., are declared instrumentalities and political subdivisions of the State of Arkansas, and all contributions and donations made to them in any calendar year are deductibl…
Ark. Code Ann. § 26-51-421 [Repealed.]
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A.C.A. § 26-51-421Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 26-51-422 Deductions — Fair market value of donated artistic, literary, and musical creations
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(a) In computing net income for the purposes of the Income Tax Act of 1929, § 26-51-101 et seq., there shall be allowed as deductions in addition to all other deductions allowed by law the fair market value of donated artistic, literary, and musical creations if:(1) The taxpayer …
Ark. Code Ann. § 26-51-423 Deductions — Expenses
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(a) (1) In computing net income, there shall be allowed as deductions the following expenses:(A) BUSINESS EXPENSES. All of 26 U.S.C. § 162, except subsection (n), as in effect on January 1, 2019, regarding trade or business expenses, is adopted for the purpose of computing Arkans…
Ark. Code Ann. § 26-51-424 Deductions — Losses
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(a) (1) In computing net income there shall be allowed as a deduction any loss sustained during the income year and not compensated for by insurance or otherwise.(2) In the case of an individual, the deduction under subdivision (a)(1) of this section shall be limited to:(A) Losse…
Ark. Code Ann. § 26-51-425 Deductions — Worthless debts
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In computing net income there shall be allowed as deductions debts ascertained to be worthless and actually charged off the books of the taxpayer within the income year.
Ark. Code Ann. § 26-51-426 Deductions — Reserve for bad debts or liabilities
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Any bank, building and loan, savings and loan, or any other savings institution chartered and supervised as a savings and loan or similar associations under federal or state law shall be allowed a bad debt expense deduction computed in accordance with 26 U.S.C. §§ 582, 585, and 5…
Ark. Code Ann. § 26-51-427 Deductions — Net operating loss carryover — Definitions
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(1) In addition to other deductions allowed by this chapter, there is allowed as a deduction from gross income a net operating loss carryover under the following rules:(1) (A) The net operating loss for any taxable year may be carried over to the next-succeeding taxable year and …
Ark. Code Ann. § 26-51-428 Depreciation — Deductions — Expensing of property
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(a) (1) Title 26 U.S.C. §§ 167 and 168(a)-(j), as in effect on January 1, 2019, are adopted for the purpose of computing Arkansas income tax liability for property purchased in tax years beginning on or after January 1, 2014.(2) Title 26 U.S.C. § 179, as in effect on January 1, 2…
Ark. Code Ann. § 26-51-429 Deductions — Depletion allowances
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(a) In the case of all natural resources for which a deduction for depletion is allowed under 26 U.S.C. §§ 611, the provisions of 26 U.S.C. §§ 611 — 613, 614, 616, and 617, as in effect on January 1, 2019, are adopted in computing the depletion allowance deduction under Arkansas …
Ark. Code Ann. § 26-51-430 Deductions — Standard deduction — Definition
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(a) (1) In lieu of itemizing deductions, each taxpayer may elect to use the standard deduction.(2) In the case of a married couple, both spouses must elect to use the standard deduction or both spouses must claim itemized deductions, without regard to whether the spouses file sep…
Ark. Code Ann. § 26-51-431 Items not deductible in net income computation
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(a) In computing net income, no deduction shall in any case be allowed in respect of:(1) Personal, living, or family expenses, except that any payments of alimony made by an individual pursuant to a court order shall be deductible;(2) Any amount paid for new buildings or for perm…
Ark. Code Ann. § 26-51-435 Nonresidents or part-year residents
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(a) Nonresidents or part-year residents of Arkansas shall compute their taxable income as if all income were earned in Arkansas. (b) Using Arkansas income tax rates, nonresident or part-year residents of Arkansas shall compute their tax liability on the amount computed in subsect…
Ark. Code Ann. § 26-51-436 Deductions — Limitations
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(1) Notwithstanding any other provision of the Income Tax Act of 1929, § 26-51-101 et seq., with regard to deductions allowed in computing net income:(1) Title 26 U.S.C. § 465, as in effect on January 1, 1987, is adopted to limit deductions claimed under the Income Tax Act of 192…
Ark. Code Ann. § 26-51-437 Miscellaneous itemized deductions — Definition
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(a) In the case of an individual, the miscellaneous itemized deductions for any taxable year shall be allowed only to the extent that the aggregate of those deductions exceeds two percent (2%) of adjusted gross income. (b) As used in this section, “miscellaneous itemized deductio…
Ark. Code Ann. § 26-51-438 [Repealed.]
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A.C.A. § 26-51-438Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 26-51-439 Capitalization of certain expenses
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(a) Title 26 U.S.C. § 263A(a)-(h), as in effect on January 1, 2019, regarding capitalization and inclusion in inventory costs of certain expenses, are adopted for the purpose of computing Arkansas income tax liability. (b) Title 26 U.S.C. § 195, as in effect on January 1, 2001, r…
Ark. Code Ann. § 26-51-440 Federal Subchapter M adopted — Definition
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(a) (1) Subchapter M of the Internal Revenue Code, 26 U.S.C. § 851 et seq., as in effect on January 1, 2019, relating to regulated investment companies, real estate investment trusts, real estate mortgage investment conduits, and financial asset securitization investment trusts, …
Ark. Code Ann. § 26-51-441 [Transferred]
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A.C.A. § 26-51-441Current through all legislation of the 2025 Regular Session.Arkansas Code of 1987 Annotated Official EditionCopyright © 2026 by the State of Arkansas All rights reserved
Ark. Code Ann. § 26-51-442 Sale of property to comply with conflict-of-interest requirements
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Title 26 U.S.C. § 1043, as in effect on January 1, 1993, is hereby adopted.
Ark. Code Ann. § 26-51-443 Allocation of unstated interest — Foregone interest
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(a) Title 26 U.S.C. § 483, as in effect on January 1, 1999, regarding the allocation of unstated interest, is adopted for the purpose of computing Arkansas income tax liability. (b) Title 26 U.S.C. § 7872, as in effect on January 1, 2019, regarding the taxation of foregone intere…