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Arkansas Code of 1987 (2023)
Title 26 - TAXATION (§§ 26-1-101 — 26-82-119)
Subtitle 2 - ADMINISTRATION OF STATE TAXES (§§ 26-17-201 — 26-21-115)
Chapter 21 - STREAMLINED SALES TAX ADMINISTRATIVE ACT (§§ 26-21-101 — 26-21-115)
Section 26-21-108 - Returns and remittance of funds
Universal Citation:
AR Code § 26-21-108 (2023)
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- (a) The Secretary of the Department of Finance and Administration shall promulgate rules to provide:
- (1) An alternative method for making payments if an electronic funds transfer fails on its due date; and
- (2) A rounding algorithm for sales or use tax computation.
- (b)
- (1) The Department of Finance and Administration shall develop a simplified electronic return to be used for all state and local sales and use taxes levied by the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., and the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.
- (2) The department shall provide a separate reporting form for any other special or miscellaneous excise taxes so as not to violate the agreement.
- (3) The department shall allow all sellers, whether or not the seller is registered under the agreement, to file a simplified electronic return.
- (4) A model 4 seller that does not have a legal requirement to register in Arkansas is not required to submit information relating to exempt sales on the simplified electronic return.
- (5) A seller that elects to file a simplified electronic return shall give at least a three-month notice of the seller's intent to discontinue filing a simplified electronic return.
- (c) The department shall allow a seller to elect to compute the sales or use tax due on a transaction on an item or an invoice basis and shall allow the rounding rule to be applied to the aggregated state and local sales or use taxes.
- (d)
- (1) A seller that is registered under the agreement and indicated at the time of registration that it does not anticipate making a sale that would be sourced to Arkansas is not required to file a return.
- (2) If the seller makes a taxable sale sourced to Arkansas, the seller shall file a return on or before the twentieth day of the month following the sale.
- (e)
- (1) A seller registered under the agreement that does not have a legal requirement to register in Arkansas shall be given a minimum of thirty (30) days' notice before the department establishes a tax liability based solely on the seller's failure to timely file.
- (2) However, the department may establish a tax liability based solely on a seller's failure to timely file if the seller has a history of nonfiling or late filing.
Amended by Act 2019, No. 910,§ 3676, eff. 7/1/2019.
Acts 2005, No. 2163, § 1; 2007, No. 181, § 7; 2011, No. 291, § 6.
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