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26-18-402. Jeopardy assessment.
Arkansas Code — all titles (historical 2020) · legal_authorities
26-18-402. Jeopardy assessment.
(a) Regardless of the date on which a return or payment is due or a taxable period of a taxpayer closes, the Secretary of the Department of Finance and Administration shall declare the taxable period of any state tax terminated for that person and shall issue a jeopardy assessment and assess the tax from any information in his or her possession, notify the taxpayer, and demand immediate payment if the secretary believes that:
(1) The tax liability of any person who has a bond on file with the secretary to indemnify the state for the payment of any state tax is in excess of the amount of the bond;
(2) A taxpayer intends to depart from the state, to remove his or her property therefrom, or to conceal himself or herself or any of his or her property therein;
(3) A taxpayer intends to discontinue business without making adequate provisions for payment of all state tax; or
(4) A taxpayer intends to do any other act tending to prejudice, jeopardize, or render wholly or partially ineffectual proceedings to compute, assess, or collect any state tax.
(b)(1) Within five (5) days after the date on which a notice and demand for payment is made under subsection (a) of this section, the secretary shall provide the taxpayer with a written statement of the information upon which the secretary relies in making such assessment.
(2) If the taxpayer fails or refuses to pay the tax upon demand of the secretary or requests a hearing before the secretary within five (5) business days after the day the taxpayer is furnished the written statement described in subdivision (b)(1) of this section, the tax shall become delinquent and the secretary shall proceed to issue a certificate of indebtedness.
(c) When the taxpayer requests a hearing, the secre
Source: Arkansas Code — historical release 78 (November 6, 2020) · 26-18-402
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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Record provenance
Stable record: arkansas_code:legal_authorities:26-18-402
Source file: gov.ar.code.title.26.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 04d398dee11215b7e5720bfe23778e27213e7fa61ff07e7d205d0214b6c68477
Source location: content.xml paragraph 2259
Stored source content
26-18-402. Jeopardy assessment.
(a) Regardless of the date on which a return or payment is due or a taxable period of a taxpayer closes, the Secretary of the Department of Finance and Administration shall declare the taxable period of any state tax terminated for that person and shall issue a jeopardy assessment and assess the tax from any information in his or her possession, notify the taxpayer, and demand immediate payment if the secretary believes that:
(1) The tax liability of any person who has a bond on file with the secretary to indemnify the state for the payment of any state tax is in excess of the amount of the bond;
(2) A taxpayer intends to depart from the state, to remove his or her property therefrom, or to conceal himself or herself or any of his or her property therein;
(3) A taxpayer intends to discontinue business without making adequate provisions for payment of all state tax; or
(4) A taxpayer intends to do any other act tending to prejudice, jeopardize, or render wholly or partially ineffectual proceedings to compute, assess, or collect any state tax.
(b)(1) Within five (5) days after the date on which a notice and demand for payment is made under subsection (a) of this section, the secretary shall provide the taxpayer with a written statement of the information upon which the secretary relies in making such assessment.
(2) If the taxpayer fails or refuses to pay the tax upon demand of the secretary or requests a hearing before the secretary within five (5) business days after the day the taxpayer is furnished the written statement described in subdivision (b)(1) of this section, the tax shall become delinquent and the secretary shall proceed to issue a certificate of indebtedness.
(c) When the taxpayer requests a hearing, the secretary shall hold the hearing within five (5) business days of receipt of the request. After a hearing, the secretary shall determine whether the making of the assessment under subsection (a) of this section is reasonable under the circumstances and shall render his or her decision. The taxpayer has three (3) days after the receipt of the secretary's decision either to pay the tax and applicable penalty and interest due or to protest the decision of the secretary as provided by § 26-18-406(a) prior to the secretary's issuing a certificate of indebtedness.
(d) Whenever the secretary issues a jeopardy assessment, he or she shall have the burden of proving the reasonableness of the assessment.
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Arkansas Code — all titles (historical 2020) · legal_authorities
26-18-406. Judicial relief.
(a) After the issuance and service on the taxpayer of the final assessment of a deficiency in tax that is not protested by the taxpayer under § 26-18-403 or a final determination of the hearing officer or the Secretary of the Department of Finance and Administration under § 26-18-405, a taxpayer may seek judicial relief from the final assessment or determination by:
(1)(A) Filing suit for judicial relief from the final assessment or determination within one hundred eighty (180) days of the date of the final assessment or determination.
(B) A taxpayer filing suit under this subdivision (a)(1) shall not be required to pay the state tax, penalties, and interest due before filing suit;
(2) Paying the entire amount of state tax due within one (1) year of the date of the final assessment or determination and filing suit to recover that amount within one (1) year of the date of payment; or
(3) Filing suit to recover assessed tax, penalty, and interest paid prior to the time for issuance of the final assessment within one (1) year of the date of the final determination of the hearing officer or the secretary under § 26-18-405.
(b) A taxpayer may seek judicial relief from a final determination denying a claim for refund by filing suit to recover the amount claimed within one (1) year from the mailing of the denial of the secretary under § 26-18-507, or a final determination of the hearing officer or the secretary under § 26-18-405, whichever is later.
(c)(1) Jurisdiction for a suit to contest a final assessment or determination of the secretary under this section shall be in the Pulaski County Circuit Court or the circuit court of the county in which the taxpayer resides or has his or her principal place of business, where the matter sha
Source: Arkansas Code — historical release 78 (November 6, 2020) · 26-18-406
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 26-18-406. This identifies an authority to review, not proof of applicability.