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Arkansas Tax and Incentives Update

Summary of 2017 Arkansas Tax Procedure Legislation

Posted On: Tuesday, May 02, 2017

The 2017 legislative session saw seemingly minor adjustments to tax procedure, but with significant impacts to affected taxpayers: Read More

Summary of 2017 Arkansas Economic Development Credits and Incentives Legislation

Posted On: Monday, May 01, 2017

Here is a summary of the Arkansas economic development incentives legislation for 2017. Particularly significant is the expansion of local government authority to provide incentives under Acts 533, 685, and 686, after the voters' approval of Amendment 97 in the November 2016 election. Read More

Summary of 2017 Arkansas Property Tax Legislation

Posted On: Wednesday, April 26, 2017

Here is a summary of 2017 Arkansas property tax legislation. The most significant bill is Act 659, a property tax procedure fairness bill supported by the Arkansas State Chamber that should bring significantly more equity to Arkansas property tax disputes.  Read More

Summary of 2017 Arkansas Sales and Use Tax Legislation

Posted On: Wednesday, April 12, 2017

There were relatively limited changes to Arkansas sales and use tax laws in the 2017 legislative session. The big news is Act 465, which phases out the InvestArk sales/use tax credit program while bringing in an exemption for manufacturing partial repairs and replacement parts. While a welcome simplification of the Arkansas tax system, the loss of InvestArk will affect many Arkansas manufacturers. Businesses should consider filing a final InvestArk application by June 30, 2017. Beyond Act 465, the Act 141 expansion of the tax base to include digital products is significant and may affect taxpayers engaged in e-commerce. Read More

Summary of 2017 Arkansas Income Tax Legislation

Posted On: Tuesday, April 11, 2017

With the legislature in recess before returning for sine die in early May, here is a summary of the 2017 income tax legislation. Particularly significant adjustments have been made to passthrough taxation in terms of (1) federal S corporation election conformity, (2) passthrough entity-level apportionment instead of separate allocation, and (3) passthrough withholding on nonresident corporate partners; all are effective January 1, 2018. (If an effective date is not specifically listed, it should be 90 days after adjournment sine die, on or around July 30, 2017.) Read More

The "Arkansas Two-Step": Arkansas Income Tax for Multistate Passthroughs Before and After HB1562

Posted On: Wednesday, March 22, 2017

House Bill 1562, now Act 482, was a technical change to Arkansas taxation of multistate passthrough enterprises that basically conforms the law to what has been common compliance practice of apportionment at the partnership level. Arkansas law will continue to treat the resulting passthrough Arkansas income as allocable up to the partners.  Read More

Caution! Income Tax Apportionment Bill (MTC UDITPA Amendments) Advancing Quickly

Posted On: Thursday, March 09, 2017

Among the hundreds of bills filed on the March 6 deadline was HB2100, sponsored by House Revenue & Taxation Committee Chair Joe Jett. This is a Department of Finance and Administration bill that takes up the model amendments to the Uniform Division for Income Tax Purposes Act (UDITPA) that were adopted by the Multistate Tax Commission (MTC) in 2015. The legislation makes significant changes to Arkansas apportionment, particularly for receipts from services and intangibles. The expansion of the throwback rule and the adoption of a throwout rule particularly stand out for concern. Any affected taxpayers interested in adjusting the bill should act soon: the legislation already has moved out of the House Revenue & Taxation Committee and could be heard on the House floor next week. Read More

SB362 to Phase Out InvestArk and the Tax on Manufacturing Repair Parts and Services

Posted On: Sunday, February 19, 2017

A proposal is underway for major simplification of Arkansas sales and use taxes on manufacturing: SB362 would phase out both the InvestArk investment incentive program and the sales tax on partial replacements and repairs of manufacturing machinery and equipment. Manufacturers should consider whether they can apply for one more InvestArk project by June 30, 2017, after which InvestArk will cease taking new applications and will begin to wind down. Read More

SB140 Economic Nexus Bill Fails in House Revenue & Taxation Committee

Posted On: Tuesday, February 14, 2017

Senator Jake Files's economic nexus bill, SB140, failed a do pass vote in the House Revenue & Taxation Committee today; the legislation's prospects are now unclear. SB140, which had passed the Senate, is an economic nexus bill modeled on South Dakota's. It would provide a $100,000 or 200-transaction threshold to trigger a sales/use tax collection obligation for an out-of-state seller. Senator Files submitted an amendment to the House committee today that would add a use tax reporting alternative to create a hybrid remote seller bill giving sellers exceeding the threshold a choice of Colorado-style information reporting or sales tax collection; this amendment was approved. Read More

Manufacturing Process Resumed: DFA Hearing Allows Manufacturing Exemption for Packaging Equipment

Posted On: Monday, February 06, 2017

An Arkansas manufacturer was allowed to claim the manufacturing machinery and equipment exemption on equipment used in preparing goods for shipment in a notable hearing decision issued at the end of 2016. Department of Finance and Administration Hearing nos. 16-444, 16-445 (Dec. 27, 2016). Read More


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Recent Posts


DFA Hearing Calls Party Foul on Restaurant's Tax-Included Drink Pricing - August 8, 2017

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