2019 Arkansas Code
Title 26 - Taxation
Subtitle 5 - State Taxes
Chapter 52 - Gross Receipts Tax
Subchapter 1 - General Provisions
§ 26-52-111. Remote Sellers and Marketplace Facilitators
(a) A remote seller or a marketplace facilitator that sells or facilitates the sale of tangible personal property, taxable services, a digital code, or specified digital products for delivery into Arkansas shall collect and remit the applicable sales tax levied under this chapter or the applicable compensating use tax levied under the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., if in the previous calendar year or in the current calendar year, the remote seller or the marketplace facilitator had aggregate sales of tangible personal property, taxable services, digital codes, or specified digital products subject to Arkansas sales or use tax within this state or delivered to locations within this state exceeding:
(1) One hundred thousand dollars ($100,000); or
(2) Two hundred (200) transactions.
(b) A sale made through a marketplace facilitator:
(1) Is a sale of the marketplace facilitator for purposes of determining whether a person satisfies the criteria stated in subsection (a) of this section; and
(2) Is not a sale of the marketplace seller for purposes of determining whether a person satisfies the criteria stated in subsection (a) of this section.
(c) The requirement to collect and remit sales or use tax under this section shall not be applied retroactively.
(d) This section does not affect or impair the:
(1) Obligation of a purchaser in this state to remit use tax on any applicable transaction in which the seller does not collect and remit sales or use tax;
(2) Obligation of a seller, when the seller is transacting business in the state and a point-of-sale tax is collected on the transaction, to remit all state and local taxes on any applicable transaction in which the seller provides goods or furnishes services within the state; or
(3) Ability of a state entity to immediately collect the taxes described in subdivision (d)(2) of this section.
(e)
(1) The Department of Finance and Administration shall audit a marketplace facilitator solely for sales made by marketplace sellers and facilitated by the marketplace facilitator.
(2) The department shall not audit marketplace sellers for sales facilitated by a marketplace facilitator except to the extent the marketplace facilitator seeks relief from liability under subsection (f) of this section.
(f)
(1) A marketplace facilitator is relieved of liability under this section for failure to collect and remit the correct amount of tax under this section to the extent that the failure was due to incorrect or insufficient information given to the marketplace facilitator by the marketplace seller.
(2) This subsection does not apply if the marketplace facilitator and the marketplace seller are related.
