Browse Arkansas Code titles and sections
20-3-111. Funds exempt from tax.
Arkansas Code — all titles (historical 2020) · legal_authorities
20-3-111. Funds exempt from tax.
(a) Except as otherwise indicated in this chapter, interest, dividends, and capital gains from funds invested in the Achieving a Better Life Experience Program are exempt from Arkansas income taxes.
(b)(1) A qualified distribution from a disability savings account established under the Achieving a Better Life Experience Program is exempt from Arkansas income tax with respect to the designated beneficiary's income.
(2)(A) Nonqualified distributions from a disability savings account established under the Achieving a Better Life Experience Program are subject to Arkansas income tax.
(B) The nonqualified distribution is taxable to the party, account owner, or designated beneficiary who actually makes the withdrawal.
(c) Earnings on a contribution that are included in a refund are subject to Arkansas income tax if an account owner receives a refund of contributions to a disability savings account established under the Achieving a Better Life Experience Program because of either:
(1) The death or disability of the designated beneficiary; or
(2) A scholarship, allowance, or payment described in 26 U.S.C. § 135(d)(1)(B) or (d)(1)(C), as in effect on January 1, 2014, received by the designated beneficiary.
(d)(1) Contributions to a disability savings account established under this chapter may be deducted from the taxpayer's adjusted gross income for the purpose of calculating Arkansas income tax under § 26-51-403(b).
(2) Deductible contributions under this subsection shall not exceed five thousand dollars ($5,000) per taxpayer in a tax year.
(3) A contribution that has been deducted from a taxpayer's income for a prior tax year under this subsection is subject to recapture if the taxpayer:
(A) Takes a subsequent nonqualified
Source: Arkansas Code — historical release 78 (November 6, 2020) · 20-3-111
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:20-3-111
Source file: gov.ar.code.title.20.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 49ed8130549daeb7d70c2669bbd1cc602088256077905db2d4d069d5cbef33b5
Source location: content.xml paragraph 289
Stored source content
20-3-111. Funds exempt from tax.
(a) Except as otherwise indicated in this chapter, interest, dividends, and capital gains from funds invested in the Achieving a Better Life Experience Program are exempt from Arkansas income taxes.
(b)(1) A qualified distribution from a disability savings account established under the Achieving a Better Life Experience Program is exempt from Arkansas income tax with respect to the designated beneficiary's income.
(2)(A) Nonqualified distributions from a disability savings account established under the Achieving a Better Life Experience Program are subject to Arkansas income tax.
(B) The nonqualified distribution is taxable to the party, account owner, or designated beneficiary who actually makes the withdrawal.
(c) Earnings on a contribution that are included in a refund are subject to Arkansas income tax if an account owner receives a refund of contributions to a disability savings account established under the Achieving a Better Life Experience Program because of either:
(1) The death or disability of the designated beneficiary; or
(2) A scholarship, allowance, or payment described in 26 U.S.C. § 135(d)(1)(B) or (d)(1)(C), as in effect on January 1, 2014, received by the designated beneficiary.
(d)(1) Contributions to a disability savings account established under this chapter may be deducted from the taxpayer's adjusted gross income for the purpose of calculating Arkansas income tax under § 26-51-403(b).
(2) Deductible contributions under this subsection shall not exceed five thousand dollars ($5,000) per taxpayer in a tax year.
(3) A contribution that has been deducted from a taxpayer's income for a prior tax year under this subsection is subject to recapture if the taxpayer:
(A) Takes a subsequent nonqualified distribution from the account; or
(B) Rolls the account over to a tax-deferred savings program established by another state or institution under 26 U.S.C. § 529A.
(4) A contribution that is subject to recapture under this subsection shall be recaptured by adding the amount previously deducted, not to exceed the amount of the nonqualified distribution, to the taxpayer's adjusted gross income for the tax year in which the nonqualified distribution occurred.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** In the case of an individual who pays qualified higher education expenses during the taxable year, no amount shall be includible in gross income by reason of the redemption during such year of any qualified United States savings bond.
**(b) Limitations**
(1) **Limitation where redemption proceeds exceed higher education expenses**
(A) *In general* — If—
(i) the aggregate proceeds of qualified United States savings bonds redeemed by the taxpayer during the taxable year exceed
(ii) the qualified higher education expenses paid by the taxpayer during such taxable year,
the amount excludable from gross income under subsection (a) shall not exceed the applicable fraction of the amount excludable from gross income under subsection (a) without regard to this subsection.
(B) *Applicable fraction* — For purposes of subparagraph (A), the term “applicable fraction” means the fraction the numerator of which is the amount described in subparagraph (A)(ii) and the denominator of which is the amount described in subparagraph (A)(i).
(2) **Limitation based on modified adjusted gross income**
(A) *In general* — If the modified adjusted gross income of the taxpayer for the taxable year exceeds $40,000 ($60,000 in the case of a joint return), the amount which would (but for this paragraph) be excludable from gross income under subsection (a) shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which would be so excludable as such excess bears to $15,000 ($30,000 in the case of a joint return).
(B) *Inflation adjustment* — In the case of any taxable year beginning in a calendar year after 1990, the $40,000 and $60,000 amounts contained in subparagraph (A) shall be increased by an amount equal to—
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 135
Stored review status: release_metadata_unconfirmed. The source passage cites 26 U.S.C. § 135. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 612
TITLE 26—INTERNAL REVENUE CODE
§ 135
Subsec. (b)(3)(C). Pub. L. 108–121, § 102(b)(1), added sub-
par. (C).
Subsec. (b)(4). Pub. L. 108–121, § 106(a), added par. (4).
1988—Subsec. (b)(1). Pub. L. 100–647, § 1011B(f)(2)(A),
inserted ‘‘(other than personal use of a vehicle)’’ after
‘‘in-kind benefit’’ in introductory text.
Subsec. (b)(1)(B). Pub. L. 100–647, § 1011B(f)(1), sub-
stituted ‘‘, regulation, or administrative practice’’ for
‘‘or regulation thereunder’’.
Subsec. (b)(3)(A). Pub. L. 100–647, § 1011B(f)(3), struck
out ‘‘under any provision of law or regulation described
in paragraph (1)’’ after ‘‘September 9, 1986,’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110–245, title I, § 112(b), June 17, 2008, 122 Stat.
1635, provided that: ‘‘The amendment made by this sec-
tion [amending this section] shall apply to payments
made before, on, or after the date of the enactment of
this Act [June 17, 2008].’’
EFFECTIVE DATE OF 2004 AMENDMENT
Pub. L. 108–375, div. A, title V, § 585(b)(3), Oct. 28, 2004,
118 Stat. 1932, provided that: ‘‘The amendments made
by this subsection [amending this section and sections
3121, 3306, and 3401 of this title] shall apply to travel
benefits provided after the date of the enactment of
this Act [Oct. 28, 2004].’’
EFFECTIVE DATE OF 2003 AMENDMENT
Pub. L. 108–121, title I, § 102(b)(3), Nov. 11, 2003, 117
Stat. 1337, provided that: ‘‘The amendments made by
this subsection [amending this section] shall apply
with respect to deaths occurring after September 10,
2001.’’
Pub. L. 108–121, title I, § 106(c), Nov. 11, 2003, 117 Stat.
1339, provided that: ‘‘The amendments made by this
section [amending this section and sections 3121, 3306,
and 3401 of this title] shall apply to ta
Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 135
Stored review status: historical_2024_not_currentness_verified. The source passage cites 26 U.S.C. § 135. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** A qualified ABLE program shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, such program shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations).
**(b) Qualified ABLE program** For purposes of this section—
(1) **In general** — The term “qualified ABLE program” means a program established and maintained by a State, or agency or instrumentality thereof—
(A) under which a person may make contributions for a taxable year, for the benefit of an individual who is an eligible individual for such taxable year, to an ABLE account which is established for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account,
(B) which limits a designated beneficiary to 1 ABLE account for purposes of this section, and
(C) which meets the other requirements of this section.
(2) **Cash contributions** — A program shall not be treated as a qualified ABLE program unless it provides that no contribution will be accepted—
(A) unless it is in cash, or
(B) except in the case of contributions under subsection (c)(1)(C) or received in a qualified ABLE rollover contribution described in section 530A(d)(4)(B), if such contribution to an ABLE account would result in aggregate contributions from all contributors to the ABLE account for the taxable year exceeding the sum of—
(i) the amount in effect under section 2503(b) (determined by substituting “1996” for “1997” in paragraph (2)(B) thereof) for the calendar year in which the taxable year begins, plus
(ii) in the case of any contribution by a designated beneficiary described in paragraph (7), the lesser of—
(I) compensation (as def
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 529A
Stored review status: release_metadata_unconfirmed. The source passage cites 26 U.S.C. § 529A. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1739
TITLE 26—INTERNAL REVENUE CODE
§ 529A
EFFECTIVE DATE OF 1998 AMENDMENT
Amendment by Pub. L. 105–206 effective, except as
otherwise provided, as if included in the provisions of
the Taxpayer Relief Act of 1997, Pub. L. 105–34, to which
such amendment relates, see section 6024 of Pub. L.
105–206, set out as a note under section 1 of this title.
EFFECTIVE DATE OF 1997 AMENDMENT
Pub. L. 105–34, title II, § 211(f), Aug. 5, 1997, 111 Stat.
812, provided that:
‘‘(1) IN
GENERAL.—Except as otherwise provided in
this subsection, the amendments made by this section
[amending this section and sections 135 and 6693 of this
title] shall take effect on January 1, 1998.
‘‘(2) EXPENSES
TO
INCLUDE
ROOM
AND
BOARD.—The
amendment made by subsection (a) shall take effect as
if included in the amendments made by section 1806 of
the Small Business Job Protection Act of 1996 [Pub. L.
104–188].
‘‘(3) ELIGIBLE EDUCATIONAL INSTITUTION.—The amend-
ment made by subsection (b)(2) [amending this section]
shall apply to distributions after December 31, 1997,
with respect to expenses paid after such date (in tax-
able years ending after such date), for education fur-
nished in academic periods beginning after such date.
‘‘(4) COORDINATION WITH EDUCATION SAVINGS BONDS.—
The amendment made by subsection (c) [amending sec-
tion 135 of this title] shall apply to taxable years begin-
ning after December 31, 1997.
‘‘(5) ESTATE AND GIFT TAX CHANGES.—
‘‘(A) GIFT TAX CHANGES.—Paragraphs (2) and (5) of
section 529(c) of the Internal Revenue Code of 1986, as
amended by this section, shall apply to transfers (in-
cluding designations of new beneficiaries) made after
the date of the enactment of this Act [Aug. 5, 1997].
‘‘(B) ESTATE TAX CHANGES.—Paragraph (4) of such
section 529
Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 529A
Stored review status: historical_2024_not_currentness_verified. The source passage cites 26 U.S.C. § 529A. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
26-51-403. Income generally.
(a) The term “net income” means the adjusted gross income of a taxpayer less the deductions allowed by the Income Tax Act of 1929, § 26-51-101 et seq.
(b) “Adjusted gross income” means, in the case of an individual, gross income minus the following deductions:
(1) Trade and business deductions otherwise allowable as deductions under this chapter that are attributable to a trade or business carried on by the taxpayer if the trade or business does not consist of the performance of services by the taxpayer as an employee;
(2) Trade and business deductions of employees otherwise allowable as deductions under this chapter;
(3) Deductions that consist of expenses paid or incurred by the taxpayer in connection with the performance by him or her of services as an employee under a reimbursement or other expense allowance arrangement with his or her employer;
(4) Losses from the sale or exchange of property;
(5) Deductions attributable to property held for the production of rents and royalties;
(6)(A) Certain deductions of life tenants and income beneficiaries of property.
(B) In the case of a life tenant of property, an income beneficiary of property held in trust, or an heir, legatee, or devisee of an estate, the deduction for depreciation allowed by 26 U.S.C. § 167, as provided in § 26-51-428, and the deduction allowed by 26 U.S.C. § 611, as provided in § 26-51-429;
(7) Deductions for certain portions of lump-sum distributions from pension plans taxed under 26 U.S.C. § 402(e), as set forth in § 26-51-414;
(8) Deductions for moving expenses, as set forth in § 26-51-423(a)(4);
(9) Deductions for alimony payments;
(10) Deductions for separate maintenance payments;
(11) Deductions for interest forfeited to a bank, savings as
Source: Arkansas Code — historical release 78 (November 6, 2020) · 26-51-403
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 26-51-403. This identifies an authority to review, not proof of applicability.