51 chapters · 1,912 sections in this title.
Ark. Code Ann. § 26-75-405 Items subject to tax
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(a) When any city or town levies a sales and use tax pursuant to the authority granted in this subchapter, the tax shall be levied upon the same sales and the same items and services as are subject to taxation under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., an…
Ark. Code Ann. § 26-75-406 Manner of collection
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(a) (1) In each city or town in which a local sales and use tax has been imposed in the manner provided by this subchapter, every retailer shall add the tax imposed by the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., the Arkansas Compensating Tax Act of 1949, § 26-53…
Ark. Code Ann. § 26-75-407 Disposition of taxes
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(a) The Secretary of the Department of Finance and Administration shall deposit all local sales and use taxes collected under this subchapter with the Treasurer of State. (b) All deposits and transfers shall be made in the same manner and subject to the same charges and retainage…
Ark. Code Ann. § 26-75-408 Use of funds
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(a) All revenues received by a city or town from taxes levied pursuant to the authority granted in this subchapter shall be deposited into the city or town treasury and credited to a special account and shall be used for the acquisition, construction, or improvement of parks and …
Ark. Code Ann. § 26-75-409 Administration, etc
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(a) (1) On and after the effective date of any tax imposed pursuant to the provisions of this subchapter, the Secretary of the Department of Finance and Administration shall perform all functions incidental to the administration, collection, enforcement, and operation of the tax.…
Ark. Code Ann. § 26-75-410 Rules
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The Secretary of the Department of Finance and Administration shall adopt appropriate rules not inconsistent with the provisions of this subchapter to implement the enforcement, administration, and collection of the taxes authorized in this subchapter.
Ark. Code Ann. § 26-75-411 Definition
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As used in this subchapter, “calendar quarter” means the three-month period beginning on January 1, April 1, July 1, or October 1.
Ark. Code Ann. § 26-75-501 Tax additional
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The tax authorized by this subchapter shall be in addition to all other fees and taxes which cities of the first class and cities of the second class are now authorized by law to levy, whether levied in the form of excise, license, or privilege taxes.
Ark. Code Ann. § 26-75-502 Authority to levy
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(a) Any city of the first class or city of the second class having a population of not more than forty thousand (40,000) persons according to the most recent federal census and that has been or may in the future be designated as a model city under the Demonstration Cities and Met…
Ark. Code Ann. § 26-75-503 Election requirements
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(a) An ordinance of a city of the first class or city of the second class as provided in § 26-75-502 shall not become operative until approved in an election in the city levying such a tax. (b) An election shall be held in the levying city on the question of whether the ordinance…
Ark. Code Ann. § 26-75-504 Certification of tax
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When the levy of the tax authorized in this subchapter has been approved in a city of the first class or city of the second class as provided in this subchapter, the governing body of the city shall certify to the Secretary of the Department of Finance and Administration that suc…
Ark. Code Ann. § 26-75-505 Collection of tax
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(a) The Secretary of the Department of Finance and Administration shall collect the tax levied under this subchapter concurrently with and in the same manner as taxes collected under the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., and the Arkansas Compensating Tax A…
Ark. Code Ann. § 26-75-506 Disposition of revenues
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(a) All revenues collected by the Secretary of the Department of Finance and Administration pursuant to the provisions of this subchapter, less three percent (3%) thereof which shall be deducted as a cost of collection and deposited into the State Treasury to the credit of the Co…
Ark. Code Ann. § 26-75-507 Repeal of tax
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Any ordinance of a city adopted pursuant to the authority granted in this subchapter may be repealed in the same manner as is provided in this subchapter for its adoption.
Ark. Code Ann. § 26-75-508 Levy of use tax
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(a) In all cities of the first class or cities of the second class that have adopted an ordinance prior to January 1, 1995, levying a local sales tax as provided in § 26-75-502, there is also levied a local compensating use tax. (b) The rate of the use tax levied by this section …
Ark. Code Ann. § 26-75-601 Penalty
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Any person or entity liable for the additional one percent (1%) gross receipts tax authorized by this subchapter to be levied by cities of the first class in which is located a city park of one thousand (1,000) acres or more shall be subject to a fine of fifty dollars ($50.00) pe…
Ark. Code Ann. § 26-75-602 Gross receipts taxes authorized — Voter approval of levy or increase of tax
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(a) (1) A city of the first class, city of the second class, or incorporated town by ordinance of the governing body thereof may levy a tax not to exceed three percent (3%) upon the gross receipts or gross proceeds identified in subsection (c) of this section.(2) (A) If the gover…
Ark. Code Ann. § 26-75-603 Collection of tax
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(a) A person liable for a tax levied under § 26-75-602 shall pay the tax, and the advertising and promotion commission of the levying city or a designated agent of the commission shall collect the tax in the same manner and at the same time as the tax levied by the Arkansas Gross…
Ark. Code Ann. § 26-75-604 Disposition of revenues
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(a) All taxes, interest, penalties, and costs collected pursuant to a tax levied by the city as authorized in this subchapter shall be credited to the city advertising and promotion fund which shall be created by the ordinance levying the tax in the city. (b) When the electors of…
Ark. Code Ann. § 26-75-605 Advertising and promotion commissions
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(a) Any municipality levying a tax pursuant to this subchapter shall create by ordinance a municipal advertising and promotion commission, to be composed of seven (7) members, as follows:(1) (A) Four (4) members shall be owners or managers of businesses in the tourism industry, a…
Ark. Code Ann. § 26-75-606 Use of funds collected
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(a) (1) (A) In the manner as shall be determined by the municipal advertising and promotion commission, all funds credited to the city advertising and promotion fund pursuant to this subchapter shall be used for the:(i) Advertising and promoting of the city and its environs;(ii) …
Ark. Code Ann. § 26-75-607 Authority to issue bonds
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(1) Cities of the first class levying the tax and creating the commission as permitted in this subchapter are authorized to:(1) Acquire sites for, construct, reconstruct, extend, equip, improve, maintain, and operate convention centers and facilities necessary for, supporting, or…
Ark. Code Ann. § 26-75-608 Issuance of bonds
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(a) Bonds issued by a municipality pursuant to this subchapter shall be authorized by ordinance of the governing body of the city. (b) The bonds may:(1) Be in registered or other form;(2) Be exchangeable for bonds of another denomination;(3) Be in such form and denominations;(4) …
Ark. Code Ann. § 26-75-609 Execution of bonds
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The bonds shall be executed in the manner provided by the Registered Public Obligations Act of Arkansas, § 19-6-401 et seq., as that act may be amended.
Ark. Code Ann. § 26-75-610 Nature of bonds generally
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(a) (1) The bonds shall not be general obligations of the city involved, but shall be special obligations secured and payable as provided in this subchapter.(2) In no event shall the bonds constitute an indebtedness of the city within the meaning of any constitutional or statutor…
Ark. Code Ann. § 26-75-611 Bonds as securities
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(a) Bonds issued under the authority of this subchapter are made securities in which insurance companies, trust companies, banks, investment companies, executors, administrators, trustees, and other fiduciaries may properly and legally invest funds, including capital in their con…
Ark. Code Ann. § 26-75-612 Tax exemption for bonds
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(a) The principal of and interest on bonds issued under the authority of this subchapter shall be exempt from all state, county, and municipal taxes. (b) This exemption shall include income, inheritance, and estate taxes.
Ark. Code Ann. § 26-75-613 Pledge of revenues
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(a) (1) Any city of the first class levying the tax and creating the commission as permitted in this subchapter is authorized to pledge all or any part of the revenues from the tax levied pursuant to this subchapter to the payment of principal of and interest on bonds issued by t…
Ark. Code Ann. § 26-75-614 Trust indenture
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(a) The ordinance authorizing the bonds may provide for the execution by the chief executive officer of the municipality of a trust indenture which defines the rights of the owners of the bonds and provides for the appointment of a trustee for the owners of the bonds. (b) The tru…
Ark. Code Ann. § 26-75-615 Sale of bonds
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The bonds may be sold at public or private sale for such price, including, without limitation, sale at a discount, and in such manner as the governing body of the municipality may determine.
Ark. Code Ann. § 26-75-616 No personal liability
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No official, officer, employee, or member of the governing body of the municipality or the advertising and promotion commission shall be personally liable on any bonds issued under the provisions of this subchapter or for any damages sustained by any person in connection with any…
Ark. Code Ann. § 26-75-617 Refunding bonds
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(a) Bonds may be issued under this subchapter to refund any outstanding bonds issued pursuant to this subchapter or to refund any outstanding bonds issued pursuant to any other law for the purpose of financing convention center projects. (b) (1) The refunding bonds may be either …
Ark. Code Ann. § 26-75-618 Title
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This subchapter may be referred to as the “Advertising and Promotion Commission Act”.
Ark. Code Ann. § 26-75-619 Authority to perform joint audits — Definitions
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(a) As used in this section:(1) “City” means a city of the first class, city of the second class, or incorporated town in this state;(2) “Joint audit” means an audit that is performed by a joint auditor to examine the records of one (1) or more taxpayers and that is necessary to …
Ark. Code Ann. § 26-75-701 Tax authorized — Definitions
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(a) Any city of the first class having a population of less than five thousand (5,000) inhabitants, a portion of which has been designated as a historic district and is included on the National Register of Historic Places, by ordinance of its governing body, may levy a tax not to…
Ark. Code Ann. § 26-75-702 Election required
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(a) (1) If a governing body of a city enacts an ordinance levying or increasing a tax under § 26-75-701, the governing body levying or increasing the tax shall submit the question of levying or increasing the tax to the electors of the city at the earliest date permitted for a sp…
Ark. Code Ann. § 26-75-703 City advertising and promotion commission
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(a) Any city levying a tax pursuant to this subchapter in the ordinance levying the tax shall create a city advertising and promotion commission to be composed of seven (7) members as follows:(1) Four (4) members shall be hotel, motel, or restaurant owners or managers of business…
Ark. Code Ann. § 26-75-704 Collection and administration
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(a) From the effective date of the levying ordinance, the tax so levied shall be paid by the persons, firms, and corporations liable therefor and shall be collected by the city which has passed the levying ordinance in the same manner and at the same time as the gross receipts ta…
Ark. Code Ann. § 26-75-705 Use of funds
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All funds derived from the levy of the tax authorized and imposed under the provisions of this subchapter shall be credited to the city advertising and promotion fund and shall be used in accordance with the provisions of §§ 26-75-602 — 26-75-613, it being the intent of this subc…
Ark. Code Ann. § 26-75-801 Sales tax on sales made on or near airport premises
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(a) Every city of the first class, city of the second class, and incorporated town by its ordinance may levy a tax of not more than twenty-five dollars ($25.00) per transaction on all sales of goods and services by businesses located on the premises of a municipal airport or a re…