§ 26-53-101. Title
The title of this subchapter shall be cited as the “Arkansas Compensating Tax Act of 1949”.
§ 26-53-102. Definitions
As used in this subchapter: (1) “Alcoholic beverage” means a beverage that is suitable for human consumption and contains five-tenths of one percent (0.5%) or more of alcohol by volume; (2) (A) “Bundled transaction” means a retail sale of two (2) or more products, except real property and services to real property, in which: (i) […]
§ 26-53-105. Sales and Use Tax Section
The Secretary of the Department of Finance and Administration shall create within the Revenue Division of the Department of Finance and Administration the Sales and Use Tax Section for the collection, enforcement, and administration of the tax levied by this subchapter.
§ 26-53-109. Tax on use, storage, or distribution of computer software — Definitions
The excise tax levied by this subchapter and by any act supplemental to this subchapter is levied on the privilege of storing, using, distributing, or consuming within this state any of the following: (1) (A) Computer software, including prewritten computer software, which shall be treated as a use, storage, distribution, or consumption of tangible personal […]
§ 26-53-110. Financial institutions
Sales of tangible personal property, specified digital products, a digital code, and services to financial institutions are subject to the state compensating tax levied in this subchapter, the same as such sales to other business corporations.
§ 26-53-111. Deduction for bad debts
A bad debt deduction from a taxable sale under this subchapter is allowed and shall be taken in the same manner as provided in § 26-52-309.
§ 26-53-112. Exemptions generally
There are specifically exempted from the taxes levied in this subchapter: (1) Property or services, the storage, use, distribution, or consumption of which this state is prohibited from taxing under the United States Constitution or laws or the Arkansas Constitution or laws; and (2) Sales of tangible personal property, specified digital products, a digital code, […]
§ 26-53-113. Exemption for unprocessed crude oil
Unprocessed crude oil is specifically exempted from the taxes levied in this subchapter.
§ 26-53-116. Exemption for sale and purchase of certain vessels
The gross receipts and gross proceeds derived from the sale and purchase of vessels, barges, and towboats of at least a fifty-ton load displacement and parts and labor used in the repair and construction of them are exempt from the state compensating tax levied by this subchapter.
§ 26-53-118. Exemption for modular homes
The storage, use, or consumption of a modular home constructed from materials on which the Arkansas gross receipts tax or state compensating tax has once been paid shall be exempt from the state compensating tax.
§ 26-53-119. Exemption for sale of products for treating livestock and poultry and other commercial agricultural production
The gross receipts or gross proceeds derived from sales of the following are exempt from the state compensating tax as levied by this subchapter: (1) Agricultural fertilizer; (2) Agricultural limestone; and (3) Agricultural chemicals, including, but not limited to: (A) Agricultural pesticides and herbicides used in commercial production of agricultural products; (B) Vaccines, medications, and […]
§ 26-53-121. Registration of vendors
Every vendor selling tangible personal property, specified digital products, a digital code, or taxable services for storage, use, distribution, or consumption in this state shall: (1) Register with the Secretary of the Department of Finance and Administration; (2) Provide the location of any distribution or sales houses or offices of other places of business in […]
§ 26-53-122. Agents furnished statements of compliance
Every vendor selling tangible personal property, specified digital products, a digital code, or taxable services for storage, use, distribution, or consumption in this state shall furnish all agents with a statement to the effect that the agent’s principal has been and is complying with the provisions of this subchapter.
§ 26-53-127. Refunds to governmental agencies
A governmental agency may apply to the Secretary of the Department of Finance and Administration for refund of the amount of the tax levied and paid upon sales to it for food and food ingredients used for free distribution to the poor and needy or to public penal and eleemosynary institutions, as provided by law.
§ 26-53-128. Tax — A lien upon property
The tax or excise levied by this subchapter shall constitute a lien upon the property of the purchaser of tangible personal property coming within the provisions of this subchapter.
§ 26-53-133. Exemption for manufacturing forms
Forms constructed of plaster, cardboard, fiberglass, natural fibers, synthetic fibers, or composites thereof which determine the physical characteristics of an item of tangible personal property and which are destroyed or consumed during the manufacture of the item for which the destroyed or consumed form was built are hereby exempt from the taxes levied in this […]
§ 26-53-134. Exemption for natural gas used in manufacture of glass
The gross receipts or gross proceeds derived from sales of natural gas used as fuel in the process of manufacturing glass is hereafter exempt from: (1) The Arkansas gross receipts tax levied by §§ 26-52-301 and 26-52-302; (2) The Arkansas compensating use tax levied by §§ 26-53-106 and 26-53-107; and (3) All city and county […]
§ 26-53-135. Exemption for sales to Community Services Clearinghouse, Inc., of Fort Smith
The gross receipts or gross proceeds derived from sales to the Community Services Clearinghouse, Inc., of Fort Smith are hereafter exempt from: (1) The Arkansas gross receipts tax levied by §§ 26-52-301, 26-52-302, and 26-63-402; (2) The Arkansas compensating use tax levied by §§ 26-53-106 and 26-53-107; and (3) All city and county sales and […]
§ 26-53-136. Exemption for nonprofit food distribution agencies
The gross receipts or gross proceeds derived from the sale of food and food ingredients to nonprofit agencies organized under the Arkansas Nonprofit Corporation Act, § 4-28-201 et seq., for free distribution to the poor and needy shall be exempt from the Arkansas gross receipts tax levied by this subchapter.
§ 26-53-137. Exemption for railroad rolling stock manufactured for use in interstate commerce
Railroad rolling stock manufactured for use in transporting persons or property in interstate commerce is exempt from the taxes levied in this subchapter.