Title 26 — Taxation

(a) If the allocation and apportionment provisions of this Act do not fairly represent the extent of the taxpayer's business activity in this state, the taxpayer may petition for or the Secretary of the Department of Finance and Administration may require, in respect to all or an…

This Act shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.

If any provision of this Act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Act which can be given effect without the invalid provision or application, and to this end the provisi…

Any law or parts of laws in conflict with this Act are hereby repealed.

The provisions of this Act shall be applicable to all income earned or accrued in the income years, both calendar and fiscal, beginning on or after January 1, 1961.

It is found and determined by the General Assembly that the laws of this state pertaining to the apportionment of income for income tax purposes derived from multi-state operations are in need of clarification in order that this state might derive its just taxes due from such inc…

(a) Every person owning property or doing business in the State of Arkansas shall file a return with the Secretary of the Department of Finance and Administration showing his or her gross income and the deductions or credits allowed by §§ 26-51-301 and 26-51-436 if he or she has …

(a) A partnership shall be classified and taxed for Arkansas income tax purposes in the same manner as it is classified and taxed for federal income tax purposes. (b) (1) Every partnership filing an Arkansas partnership return shall state specifically the items of its gross incom…

(a) Every fiduciary, except a receiver appointed by authority of law in possession of part only of the property of an individual, shall make return under oath for any individual trust or estate for whom he or she acts, when the returns are required by the provision of the Income …

(a) Every corporation subject to taxation under the Income Tax Act of 1929, § 26-51-101 et seq., shall make a return stating specifically the items of its gross income and the deductions and credits allowed by the Income Tax Act of 1929, § 26-51-101 et seq. (b) The return shall b…

(a) (1) All corporations which are eligible members of an affiliated group as that term is defined in 26 U.S.C. § 1504(a) and (b) as of January 1, 1989, which affiliated group files a federal consolidated corporate income tax return pursuant to 26 U.S.C. §§ 1501 — 1505 as of Janu…

(a) (1) Returns shall be in the form the Secretary of the Department of Finance and Administration prescribes and shall be filed with the secretary's office at Little Rock.(2) Returns for all income taxes other than cooperative associations and exempt organizations shall be filed…

(a) (1) Any person who requests an automatic extension of time for filing a federal income tax return and who attaches a copy of the request to the corresponding state income tax return shall be granted an extension of time until one (1) month after the due date of the federal in…

(a) If the Secretary of the Department of Finance and Administration shall be of the opinion that any taxpayer has failed to file a return or failed to include in a return filed, either intentionally or through error, items of taxable income, the secretary may require from the ta…

The Secretary of the Department of Finance and Administration shall give to any person making any payment a full written or printed receipt stating the amount paid and the particular account for which the payment was made and show for which installment it is paid.

The Secretary of the Department of Finance and Administration may impose a postage fee sufficient to defray the cost of postage for mailing out tax forms to tax practitioners.

(a) (1) Every individual, partnership, limited liability company, corporation, joint-stock company or association, or insurance company, being a resident or having a place of business in this state; members of a partnership or employees in whatever capacity acting, including less…

(a) The Secretary of the Department of Finance and Administration, whenever he or she deems it necessary to ensure compliance with the provisions of the Income Tax Act of 1929, § 26-51-101 et seq., may, under rules prescribed by him or her, require any individual, partnership, li…

(a) It shall be unlawful for the Department of Finance and Administration or any other public official or employee to divulge or otherwise make known in any manner any particulars set forth or disclosed in any report or return required by the Income Tax Act of 1929, § 26-51-101 e…

All reports and returns required by the Income Tax Act of 1929, § 26-51-101 et seq., shall be preserved for three (3) years and thereafter until the Secretary of the Department of Finance and Administration orders them destroyed.

(a) (1) (A) To the extent they apply to capital gains and losses realized or incurred during income years beginning after December 31, 1996, 26 U.S.C. §§ 1211 — 1231, 1232 [repealed], 1232A [repealed], 1232B [repealed], 1233 — 1237, 1239, 1240 [repealed], 1241 — 1245, 1246 [repea…

(a) The Secretary of the Department of Finance and Administration may require the originator, transmitter, or paid preparer of an electronically filed Arkansas income tax return to retain the signature document, form AR8453, as well as all other forms and schedules which support …

(a) A limited liability company and its member or members shall be classified and taxed for Arkansas income tax purposes in the same manner as the limited liability company and its member or members are classified and taxed for federal income tax purposes. (b) Subsection (a) of t…

This subchapter may be cited as the “Arkansas Income Tax Withholding Act of 1965”.

(1) As used in this subchapter:(1) “Agricultural labor” means agricultural labor as defined in 26 U.S.C. § 3121(g), as in effect January 1, 1993;(2) “Calendar quarter” means the period of three (3) consecutive months ending on March 31, June 30, September 30, or December 31;(3) “…

The provisions of this subchapter are declared to be supplemental to the provisions of the Income Tax Act of 1929, § 26-51-101 et seq., and shall not be construed to repeal any part thereof not in direct conflict with this subchapter.

The Secretary of the Department of Finance and Administration shall make and prescribe such rules and forms as he or she shall deem necessary to carry out the purposes of this subchapter.

(a) (1) Every employer making payments of wages to employees shall deduct and withhold from the employees' wages an amount determined from withholding tables promulgated by the Secretary of the Department of Finance and Administration and furnished to the employer.(2) The full am…

The Secretary of the Department of Finance and Administration is authorized and directed to enter into an agreement with the United States Secretary of the Treasury with respect to withholding of income tax as provided by this subchapter and pursuant to Pub. L. No. 587 of 1952 an…

The Secretary of the Department of Finance and Administration shall prepare and furnish to employers state income tax withholding tables based on the current income tax laws of the state, taking into consideration the various deductions and personal tax credits allowed therein. T…

(a) (1) Every employer required to deduct and withhold from wages under this subchapter shall file a withholding return on an annual basis as prescribed by the Secretary of the Department of Finance and Administration and annually pay over to the secretary the full amount require…

(a) Every employer shall file an annual statement of withholding for each employee. (b) (1) The annual statement of withholding shall be in the form prescribed by the Secretary of the Department of Finance and Administration.(2) (A) The statement from the employer shall be filed …

Any employer who makes an overpayment of the tax required to be remitted to the Secretary of the Department of Finance and Administration by § 26-51-908 may file application with the secretary, on a form prescribed by the secretary, to have the amount of such overpayment refunded…

(a) Every taxpayer subject to the tax levied by the Income Tax Act of 1929, § 26-51-101 et seq., shall make and file with the Secretary of the Department of Finance and Administration a declaration of the estimated tax for the income year if the taxpayer can reasonably expect the…

A taxpayer who makes a declaration of estimated tax for the income year shall estimate an amount not less than ninety percent (90%) of the amount actually due.

(a) The estimated tax as shown on the declaration filed with the Secretary of the Department of Finance and Administration shall be paid as follows:(1) If the estimated tax is not more than one thousand dollars ($1,000), payment may be made at the time the declaration is filed or…

(a) Every employee whose wages are subject to the withholding provisions of this subchapter shall furnish his or her employer with a certificate showing the number of dependents claimed by the employee for purposes of withholding. (b) If any employee fails or refuses to furnish h…

(a) All payments received by the Secretary of the Department of Finance and Administration from employers for taxes withheld from employees and all payments received by the secretary from taxpayers as herein provided shall be deposited into the State Treasury as general revenues …

Every employer shall be liable for amounts required to be deducted and withheld by this subchapter regardless of whether or not the amounts were in fact deducted and withheld. However, if the employer fails to deduct and withhold the required amounts and if the tax against which …

Every employer, as defined in this subchapter, shall make application to the Revenue Division of the Department of Finance and Administration for and be assigned an employer's withholding account number. The account number assigned to an employer shall be used by the employer on …

(a) (1) Title 26 U.S.C. § 3405, as in effect on January 1, 2005, regarding withholding from deferred income, is adopted as modified by subdivision (a)(2) of this section.(2) For the purposes of Arkansas withholding tax under this section:(A) The amount of withholding required und…

(a) As used in this section:(1) “Lower-tier pass-through entity” means a member of a pass-through entity that is itself a pass-through entity;(2) “Member” means a shareholder of a Subchapter S corporation, a partner in a general partnership, a partner in a limited partnership, a …

(a) (1) A casino operating under the authority of The Arkansas Casino Gaming Amendment of 2018, Arkansas Constitution, Amendment 100, that is required to make a return under 26 U.S.C. § 6041, as in effect on January 1, 2021, with respect to the payment of gambling winnings to a p…