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Arkansas Tax and Incentives Update

Will the FLIS Enterprises Case Be a Refund Opportunity for Sales Tax on Withdrawals from Stock?

Posted On: Thursday, June 01, 2017

A case is pending in the Arkansas Court of Appeals with significant implications for restaurants specifically and, potentially, for any manufacturers who make withdrawals from stock for finished goods. Taxpayers should evaluate their current positions and consider potential refund claims. Read More

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 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

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

Arkansas Tax Legislation Update: Governor's Tax Cuts, Digital Goods, and More

Posted On: Wednesday, January 25, 2017

With the legislative session in full swing, some updates on Arkansas tax legislation:
 Read More

Gov. Hutchinson Proposes Income Tax Cuts and Revenue Offsets

Posted On: Tuesday, December 13, 2016

Today Governor Hutchinson announced his much-awaited tax cut proposals. There are two main parts. First, income tax cuts for poorest Arkansans. Second, tax exemption for retired military benefits (and a reduction in the soda tax) paid for by an income tax increase on unemployment compensation and sales tax increases on manufactured housing and candy and soft drinks.The main tax cut is rate reductions for poorer Arkansans: Read More

Light Manufacturers Beware: DFA Only Allowing Exemption for "Industrial" Manufacturing

Posted On: Sunday, November 20, 2016

In a troubling recent administrative decision, docket nos. 17-041 and 17-170 (Nov. 1, 2016), the Department of Finance and Administration appears to have added an extrastatutory "industrial" requirement to the application of the manufacturing machinery and equipment exemption. Businesses engaged in nontraditional manufacturing need to evaluate their risks in claiming the manufacturing exemption. Read More

Arkansas Taxing Lawn-less "Lawn Care"

Posted On: Wednesday, October 26, 2016

Perhaps the scariest aspect of law to a small business is when words are defined to have a special meaning inconsistent with ordinary usage. An herbicide-spraying taxpayer learned this to its detriment in the Department of Finance and Administration's Office of Hearings and Appeals Administrative Decision no. 16-387 (Oct. 10, 2016), which upheld taxation of herbicide spraying as "lawn care" even in instances where no lawn apparently was involved. Read More


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Recent Posts


Will the FLIS Enterprises Case Be a Refund Opportunity for Sales Tax on Withdrawals from Stock? - June 1, 2017

Arkansas Tax Reform Task Force Gearing Up - May 29, 2017

Summary of 2017 Tax and Incentives Legislation - May 20, 2017


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