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26-18-1001. Business closure authority — Notice.
Arkansas Code — all titles (historical 2020) · legal_authorities
26-18-1001. Business closure authority — Notice.
(a) In addition to all other remedies provided by law for the collection of unpaid taxes, the Secretary of the Department of Finance and Administration may close the business of a noncompliant taxpayer as defined by § 26-18-104, subject to the administrative and judicial appeal procedures in this subchapter, if the noncompliant taxpayer for three (3) times within any consecutive twenty-four-month period fails to either:
(1) Report in the manner required by Arkansas law:
(A) Gross receipts or compensating use tax; or
(B) State income tax withholding for employees; or
(2) Remit the tax that is due for the reporting period for:
(A) Gross receipts or compensating use tax; or
(B) State income tax withholding for employees.
(b)(1) The secretary shall give notice to the noncompliant taxpayer that the third delinquency in reporting or remitting tax in any consecutive twenty-four-month period will result in the closure of the business.
(2) The notice must be in writing and delivered to the noncompliant taxpayer by the United States Postal Service or by hand delivery.
(c)(1) If the noncompliant taxpayer has a third delinquency in reporting or remitting tax in any consecutive twenty-four-month period after the issuance of the notice provided in subsection (b) of this section, the secretary shall notify the noncompliant taxpayer by certified mail or by hand delivery that the business will be closed within five (5) business days from the date of the notice unless the noncompliant taxpayer makes arrangements with the secretary to satisfy the tax delinquency.
(2) When the fifth day falls on a Saturday, Sunday, or legal holiday, the performance of the act is considered timely if it is performed on the next succeedin
Source: Arkansas Code — historical release 78 (November 6, 2020) · 26-18-1001
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:26-18-1001
Source file: gov.ar.code.title.26.odt
Pages: Not recorded – Not recorded
Passage SHA-256: db6690dede0315ca6d88a3e9fc504bfd3c0df161f83e5572a6a6a86223d0f34e
Source location: content.xml paragraph 3072
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26-18-1001. Business closure authority — Notice.
(a) In addition to all other remedies provided by law for the collection of unpaid taxes, the Secretary of the Department of Finance and Administration may close the business of a noncompliant taxpayer as defined by § 26-18-104, subject to the administrative and judicial appeal procedures in this subchapter, if the noncompliant taxpayer for three (3) times within any consecutive twenty-four-month period fails to either:
(1) Report in the manner required by Arkansas law:
(A) Gross receipts or compensating use tax; or
(B) State income tax withholding for employees; or
(2) Remit the tax that is due for the reporting period for:
(A) Gross receipts or compensating use tax; or
(B) State income tax withholding for employees.
(b)(1) The secretary shall give notice to the noncompliant taxpayer that the third delinquency in reporting or remitting tax in any consecutive twenty-four-month period will result in the closure of the business.
(2) The notice must be in writing and delivered to the noncompliant taxpayer by the United States Postal Service or by hand delivery.
(c)(1) If the noncompliant taxpayer has a third delinquency in reporting or remitting tax in any consecutive twenty-four-month period after the issuance of the notice provided in subsection (b) of this section, the secretary shall notify the noncompliant taxpayer by certified mail or by hand delivery that the business will be closed within five (5) business days from the date of the notice unless the noncompliant taxpayer makes arrangements with the secretary to satisfy the tax delinquency.
(2) When the fifth day falls on a Saturday, Sunday, or legal holiday, the performance of the act is considered timely if it is performed on the next succeeding business day that is not a Saturday, Sunday, or legal holiday.
(d) A noncompliant taxpayer may avoid closure of the business by:
(1) Filing all delinquent reports and by remitting the delinquent tax including any interest and penalty; or
(2) Entering into a payment agreement approved by the secretary to satisfy the tax delinquency.
(e) After written notice delivered to a lottery retailer by the United States Postal Service or by hand delivery, the secretary may pursue a remedy under this subchapter against a lottery retailer as a noncompliant taxpayer upon receiving a referral from the Office of the Arkansas Lottery under § 23-115-605.
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Arkansas Code — all titles (historical 2020) · legal_authorities
23-115-605. Retailers — Fiduciary duty — Protection against loss.
(a)(1) Proceeds from the sale of tickets or shares shall be held in trust until paid to the Office of the Arkansas Lottery either directly or through the office's authorized collection representative.
(2) A retailer and officers of a retailer's business have a fiduciary duty to preserve and account for retail lottery proceeds, and retailers are personally liable for all lottery proceeds.
(3) For the purpose of this section, lottery proceeds include without limitation:
(A) Unsold instant tickets received by a retailer;
(B) Cash proceeds of the sale of lottery products;
(C) Net of allowable sales commissions; and
(D) Credit for lottery prizes paid to winners by retailers.
(4) Sales proceeds and unused instant tickets shall be delivered to the office or its authorized collection representative upon demand.
(b)(1) The office shall require retailers to place all lottery proceeds due the office in accounts in institutions insured by the Federal Deposit Insurance Corporation not later than the close of the next banking day after the date of their collection by the retailer until the date they are paid to the office.
(2) At the time of the deposit, lottery proceeds shall be deemed to be the property of the office.
(3) The office may require a retailer to establish a single separate electronic funds transfer account when available for the purpose of:
(A) Receiving moneys from ticket or share sales;
(B) Making payments to the office; and
(C) Receiving payments for the office.
(4) Unless authorized in writing by the office, each retailer shall establish a separate bank account for lottery proceeds that shall be kept separate and apart from all other funds and assets and shall not be com
Source: Arkansas Code — historical release 78 (November 6, 2020) · 23-115-605
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 23-115-605. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
26-18-104. Definitions.
As used in this chapter:
(1) “Assessment” means the determination and imposition of the amount of any state tax due and owing, whether made on a return filed by a taxpayer or by the Secretary of the Department of Finance and Administration on audit or otherwise;
(2) “Corporation” means an organization, other than a partnership, defined as follows:
(A) Created or organized under the laws of Arkansas; or
(B) Qualified to do or doing business in Arkansas, whether or not for profit, in a corporate or organized capacity, by virtue of creation or organization under the laws of the United States or some state, territory, district, or of a foreign country;
(C) Associations, joint-stock companies, insurance companies, including surety and bond companies;
(D) Unless otherwise expressly stated, common law or statutory trusts;
(E) All other business organizations or entities which are organized for profit when the business is conducted by a trustee, or when the interest or ownership in the business is evidenced by a certificate, declaration of trust, or other written instrument; and
(F) National banking associations, state banks, and trust companies, state or national savings and loan associations, or building and loan associations;
(3) “Decision of the secretary” means any order, ruling, finding, regulation, or action taken by the secretary in the administration and enforcement of any state tax law;
(4) “Erroneously paid refund” means a refund of tax received by a taxpayer that was not entitled to receive the refund;
(5) “Excise tax” means any state tax other than an individual, corporate, or fiduciary income tax;
(6) “Fiduciary” means a guardian, trustee, executor, administrator, receiver, conservator, or any other person, whether
Source: Arkansas Code — historical release 78 (November 6, 2020) · 26-18-104
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 26-18-104. This identifies an authority to review, not proof of applicability.