51 chapters · 1,912 sections in this title.
Ark. Code Ann. § 26-51-444 Deductions — Soil and water conservation
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Title 26 U.S.C. § 175, as in effect on January 1, 1995, regarding the deduction of certain expenditures related to soil and water conservation is hereby adopted.
Ark. Code Ann. § 26-51-445 Adoption expenses
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(a) Title 26 U.S.C. § 23, as in effect on January 2, 2013, and 26 U.S.C. § 36C, as in effect on January 2, 2013, are adopted for purposes of determining the allowable credit for adoption-related fees, costs, and expenses paid or incurred by a taxpayer. (b) (1) The amount of credi…
Ark. Code Ann. § 26-51-446 Long-term intergenerational security
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(a) (1) All distributions of funds other than principal from the long-term intergenerational trust shall be taxable as provided in the Income Tax Act of 1929, § 26-51-101 et seq. (2) All distributions from the long-term intergenerational trust shall be deemed principal until all …
Ark. Code Ann. § 26-51-447 Deductions — Tuition to postsecondary educational institutions — Definition
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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 a deduction in addition to all other deductions allowed by law for a portion of the amount paid by the taxpayer as tuition for the taxpayer, the taxpayer's s…
Ark. Code Ann. § 26-51-448 Educational individual retirement accounts
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(a) Title 26 U.S.C. § 530, as in effect on January 2, 2013, relating to educational individual retirement accounts, is adopted for the purpose of computing Arkansas income tax liability. (b) Any additional tax or penalty imposed by this section shall be ten percent (10%) of the a…
Ark. Code Ann. § 26-51-449 [Transferred]
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A.C.A. § 26-51-449Current 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. § 26-51-450 Deductions — Small business guaranty fees — Definition
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(a) In computing net income, there shall be allowed as a deduction the amount paid during a taxable year to the United States Small Business Administration as a guaranty fee associated with the acquisition of United States Small Business Administration financing. (b) The deductio…
Ark. Code Ann. § 26-51-453 Health savings accounts
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(a) Title 26 U.S.C. § 223(a)-(d), (e)(2), (f), and (g), as in effect on January 1, 2011, regarding a deduction from income for amounts deposited to health savings accounts, is adopted for purposes of computing Arkansas income tax liability. (b) A health savings account is exempt …
Ark. Code Ann. § 26-51-454 [Transferred]
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A.C.A. § 26-51-454Current 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. § 26-51-455 [Transferred]
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A.C.A. § 26-51-455Current 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. § 26-51-456 [Transferred]
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A.C.A. § 26-51-456Current 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. § 26-51-457 Claim of right
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(a) Title 26 U.S.C. § 1341(a)(1)-(3) and (b)(2), as they existed on January 1, 2013, regarding the computation of income tax when a taxpayer restores a substantial amount held under a claim of right, is adopted for purposes of computing income tax liability under this chapter. (b…
Ark. Code Ann. § 26-51-458 Deduction — Volunteer firefighter — Definition
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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 is allowed as a deduction in addition to all other deductions allowed by law for the:(1) Amount paid by a volunteer firefighter and not reimbursed by the fire department or fire…
Ark. Code Ann. § 26-51-459 Teacher's classroom investment deduction — Definitions
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(a) As used in this section:(1) “Qualified classroom investment expense” means the amount expended by a teacher during the tax year for materials used in the classroom, including without limitation the following:(A) Books;(B) School supplies;(C) Computer equipment and software;(D…
Ark. Code Ann. § 26-51-460 Opportunity zones — Definition
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(a) Except as provided in subsection (b) of this section, 26 U.S.C. § 1400Z-2, as in effect on January 1, 2018, regarding opportunity zones, is adopted for the purpose of computing Arkansas income tax liability. (b) As used in this section and for purposes of the adoption of 26 U…
Ark. Code Ann. § 26-51-461 Deduction — Research and development
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Title 26 U.S.C. §§ 174 and 280C, as in effect on January 1, 2019, concerning the deduction of research and development costs, are adopted for the purpose of computing Arkansas income tax liability.
Ark. Code Ann. § 26-51-501 Personal tax credits — Definitions
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(a) There shall be deducted from the tax after the tax has been computed as set forth in the Income Tax Act of 1929, § 26-51-101 et seq., a personal tax credit as follows:(1) (A) For a single individual, the adjusted individual credit.(B) However, a taxpayer who was blind or deaf…
Ark. Code Ann. § 26-51-502 Household and dependent care services — Definitions
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(a) A credit shall be allowed to individuals against the income tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., for expenses for household and dependent care services necessary for gainful employment in the manner prescribed by subsection (b) of this section. (b) …
Ark. Code Ann. § 26-51-503 Support of child with developmental disability — Definitions
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(a) In addition to the state income tax credit permitted by § 26-51-501(a) and (b), any taxpayer in this state who is maintaining, supporting, and caring for an individual with a diagnosis of a developmental disability in the taxpayer's home is permitted, in addition to all other…
Ark. Code Ann. § 26-51-504 Income from sources outside Arkansas — Definition
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(a) (1) (A) For the purpose of ascertaining the income tax due by an individual resident of Arkansas whose gross income includes income derived from property located outside the State of Arkansas, or from business transacted outside the State of Arkansas, the tax shall first be c…
Ark. Code Ann. § 26-51-505 Establishment or expansion of manufacturing enterprise — Definitions
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(a) There shall be allowed a credit against the tax imposed by the Income Tax Act of 1929, § 26-51-101 et seq., § 26-51-205, and § 26-51-303, an amount as determined in subsection (c) of this section, for any taxpayer who establishes or expands a manufacturing enterprise in the S…
Ark. Code Ann. § 26-51-506 Tax credit for waste reduction, reuse, or recycling equipment — Eligibility — Definitions
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(a) The intent and purpose of this section is to increase capacity in the State of Arkansas for the use of recovered materials. (b) As used in this section:(1) “Cost”, in the case of a transfer of title or a finance lease, means the amount of the purchase price, and, in the case …
Ark. Code Ann. § 26-51-507 Employer-provided child care — As qualified under former § 26-52-401 — Definition
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(a) A business which qualifies for the exemption from the gross receipts tax under former § 26-52-401(29) shall be allowed an income tax credit of three and nine-tenths percent (3.9%) of the annual salary of employees employed exclusively in providing childcare services. (b) If t…
Ark. Code Ann. § 26-51-508 Employer-provided child care — As qualified under § 26-52-516 or § 26-53-132 — Definition
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(a) A business which qualifies for the refund of the gross receipts tax or compensating use tax under § 26-52-516 or § 26-53-132 shall be allowed an income tax credit of three and nine-tenths percent (3.9%) of the annual salary of its employees employed exclusively in providing c…
Ark. Code Ann. § 26-51-509 Apprenticeship program — Definition
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(a) As used in this section, “apprentice” means a worker who is at least sixteen (16) years of age and is employed:(1) To learn an apprenticeable occupation under 29 C.F.R. § 29.1 et seq., as it existed on January 1, 1995; or(2) In an apprenticeship or work-based learning program…
Ark. Code Ann. § 26-51-510 [Repealed.]
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A.C.A. § 26-51-510Current 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. § 26-51-511 Coal mining, producing, and extracting — Definitions
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(a) As used in this section:(1) “Coal mining enterprise” means:(A) An Arkansas taxpayer primarily engaged in surface or highwall mining, producing, or extracting coal in Arkansas; and(B) A holder of a valid mining permit issued by the Division of Environmental Quality to allow su…
Ark. Code Ann. § 26-51-512 Rice straw tax credit — Definitions
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(a) As used in this section:(1) “End user” means a person who purchases and uses rice straw for processing, manufacturing, generating energy, or producing ethanol; and(2) “Rice straw” means the dry stems of rice left after the seed heads have been removed. (1) “End user” means a …
Ark. Code Ann. § 26-51-513 Arkansas historic rehabilitation income tax credit
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(a) In addition to any income tax credit not related to the same eligible property for which a taxpayer qualifies, the taxpayer is allowed an income tax credit for the amount of the Arkansas historic rehabilitation income tax credit allowed by the certification of completion issu…
Ark. Code Ann. § 26-51-514 [Repealed.]
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A.C.A. § 26-51-514Current 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. § 26-51-515 Work on cold cases by retired law enforcement officers
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(a) (1) Subject to the restrictions stated in this section, there is allowed an income tax credit against the income tax imposed under this chapter for up to three thousand five hundred dollars ($3,500) for work performed by the taxpayer on behalf of the Division of Arkansas Stat…
Ark. Code Ann. § 26-51-516 Paisley's Law — Stillborn child tax credit — Definition
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(a) This section shall be known and may be cited as “Paisley's Law”. (b) There is allowed an income tax credit against the income tax imposed by this chapter in the amount of five hundred dollars ($500) for a stillborn child:(1) Who was in gestation for twenty (20) weeks or more;…
Ark. Code Ann. § 26-51-517 Waterways investment tax credit
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(a) There is allowed an income tax credit against the income tax imposed by this chapter in the amount stated in subsection (b) of this section for the cost of making capital improvements to a facility or property related to using water transportation in the state, including with…
Ark. Code Ann. § 26-51-701 Definitions. [Effective for tax years beginning on and after January 1, 2026.]
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(a) As used in this Act, unless the context otherwise requires:(a) “Apportionable income” means:(1) All income that is apportionable under the United States Constitution and is not allocated under the laws of this state, including:(A) income arising from transactions and activity…
Ark. Code Ann. § 26-51-702 Apportionment of net income authorized
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Any taxpayer having income from business activity which is taxable both within and without this state, other than activity as a railroad or public utility or the rendering of purely personal services by an individual, shall allocate and apportion his net income as provided in thi…
Ark. Code Ann. § 26-51-703 Taxpayer taxable in another state
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For purposes of allocation and apportionment of income under this Act, a taxpayer is taxable in another state if (1) in that state the taxpayer is subject to a net income tax, a franchise tax measured by net income, or any other tax measured by income or other measure of business…
Ark. Code Ann. § 26-51-704 Nonbusiness income. [Effective until tax years beginning on or after January 1, 2026.]
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Rents and royalties from real or tangible personal property, capital gains, interest, dividends, or patent or copyright royalties, to the extent that they constitute nonbusiness income, shall be allocated as provided in §§ 26-51-705 — 26-51-708.
Ark. Code Ann. § 26-51-705 Rents and royalties — Extent of utilization of tangible personal property
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(a) Net rents and royalties from real property located in this state are allocable to this state. (b) Net rents and royalties from tangible personal property are allocable to this state:(1) if and to the extent that the property is utilized in this state, or(2) in their entirety …
Ark. Code Ann. § 26-51-706 Capital gains and losses from sales of property
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(a) Capital gains and losses from sales of real property located in this state are allocable to this state. (b) Capital gains and losses from sales of tangible personal property are allocable to this state if:(1) the property had a situs in this state at the time of the sale, or(…
Ark. Code Ann. § 26-51-707 Interest and dividends
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Interest and dividends are allocable to this state if the taxpayer's commercial domicile is in this state.
Ark. Code Ann. § 26-51-708 Patent and copyright royalties
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(a) Patent and copyright royalties are allocable to this state:(1) if and to the extent that the patent or copyright is utilized by the payer in this state, or(2) if and to the extent that the patent or copyright is utilized by the payer in a state in which the taxpayer is not ta…
Ark. Code Ann. § 26-51-709 Business income. [Effective until tax years beginning on and after January 1, 2026.]
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For the tax year beginning January 1, 2021, all business income shall be apportioned to this state by multiplying the income by a fraction, the numerator of which is the total sales of the taxpayer in this state during the tax period and the denominator of which is the total sale…
Ark. Code Ann. § 26-51-710 Real and tangible personal property — Factor. [Repealed effective January 1, 2021.]
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The property factor is a fraction, the numerator of which is the average value of the taxpayer's real and tangible personal property owned or rented and used in this state during the tax period and the denominator of which is the average value of all the taxpayer's real and tangi…
Ark. Code Ann. § 26-51-711 Original cost of property — Annual rental rate. [Repealed effective January 1, 2021.]
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Property owned by the taxpayer is valued at its original cost. Property rented by the taxpayer is valued at eight times the net annual rental rate. Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from sub-…
Ark. Code Ann. § 26-51-712 Average value of property. [Repealed effective January 1, 2021.]
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The average value of property shall be determined by averaging the values at the beginning and ending of the tax period, but the Secretary of the Department of Finance and Administration may require the averaging of monthly values during the tax period if reasonably required to r…
Ark. Code Ann. § 26-51-713 Payroll factor. [Repealed effective January 1, 2021.]
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The payroll factor is a fraction, the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensation, and the denominator of which is the total compensation paid everywhere during the tax period.
Ark. Code Ann. § 26-51-714 Compensation for service — Determination of payment in state. [Repealed effective January 1, 2021.]
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(a) Compensation is paid in this state if:(a) the individual's service is performed entirely within the state; or(b) the individual's service is performed both within and without the state, but the service performed without the state is incidental to the individual's service with…
Ark. Code Ann. § 26-51-715 Sales factor. [Repealed effective January 1, 2021.]
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The sales factor is a fraction, the numerator of which is the total sales of the taxpayer in this state during the tax period, and the denominator of which is the total sales of the taxpayer everywhere during the tax period.
Ark. Code Ann. § 26-51-716 Sales of tangible personal property. [Effective for tax years beginning on or after January 1, 2024, but before January 1, 2026.]
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(a) Sales of tangible personal property are in this state if:(a) the property is delivered or shipped to a purchaser within this state regardless of the f.o.b. point or other conditions of the sale; or(b) the property is shipped from an office, store, warehouse, factory, or other…
Ark. Code Ann. § 26-51-717 Sales — Income-producing activity. [Effective until tax years beginning on or after January 1, 2026.]
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(a) Sales, other than sales of tangible personal property, are in this state if:(a) the income-producing activity is performed in this state; or(b) the income-producing activity is performed both within and without the state, in which event the portion of income allocable to this…