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26-52-303. Border cities or towns — Tax rate — Exemptions.

Arkansas Code — all titles (historical 2020) · legal_authorities

26-52-303. Border cities or towns — Tax rate — Exemptions.

26-52-303. Border cities or towns — Tax rate — Exemptions. (a) The rate of tax shall be one percent (1%) above the state sales tax rate as levied by the General Assembly, by initiatives enacted by the people of the State of Arkansas, and by amendments to the Arkansas Constitution if: (1) An Arkansas city or incorporated town is divided by a state line from an incorporated city or town in an adjoining state; (2) The city or town in the adjoining state is of greater population than the Arkansas city or town; (3) A tax imposed in the adjoining state is in the nature of a selective sales tax or limited to specific items as a special excise tax; and (4) The border city has voted to levy an additional one-percent gross receipts tax in the city in lieu of paying state income taxes by individuals who are residents of the city as authorized by § 26-52-601 et seq. (b) With respect to a motor vehicle sold in any such city or incorporated town, the exemption authorized in this section shall be applicable only to a motor vehicle sold to and registered by a bona fide resident of such an Arkansas city or incorporated town and shall not be applicable to a motor vehicle sold to a nonresident. (c)(1) The Secretary of the Department of Finance and Administration shall require any person claiming this exemption to file a sworn statement in writing that the person is a resident of that city or incorporated town and such other information as the secretary may determine is necessary to establish the residence of the person. (2) Upon conviction, a person filing a false statement or otherwise falsely obtaining or assisting another person to falsely obtain the benefits of the exemption authorized in this section is guilty of a violation and shall be fined in a sum of not less tha

Source: Arkansas Code — historical release 78 (November 6, 2020) · 26-52-303

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:26-52-303
Source file: gov.ar.code.title.26.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 5da3f56a4eac66c45653ccbfe3c0c462b89a4a6c4762268d140b69efd65cdd98

Source location: content.xml paragraph 18235

Stored source content

26-52-303. Border cities or towns — Tax rate — Exemptions. (a) The rate of tax shall be one percent (1%) above the state sales tax rate as levied by the General Assembly, by initiatives enacted by the people of the State of Arkansas, and by amendments to the Arkansas Constitution if: (1) An Arkansas city or incorporated town is divided by a state line from an incorporated city or town in an adjoining state; (2) The city or town in the adjoining state is of greater population than the Arkansas city or town; (3) A tax imposed in the adjoining state is in the nature of a selective sales tax or limited to specific items as a special excise tax; and (4) The border city has voted to levy an additional one-percent gross receipts tax in the city in lieu of paying state income taxes by individuals who are residents of the city as authorized by § 26-52-601 et seq. (b) With respect to a motor vehicle sold in any such city or incorporated town, the exemption authorized in this section shall be applicable only to a motor vehicle sold to and registered by a bona fide resident of such an Arkansas city or incorporated town and shall not be applicable to a motor vehicle sold to a nonresident. (c)(1) The Secretary of the Department of Finance and Administration shall require any person claiming this exemption to file a sworn statement in writing that the person is a resident of that city or incorporated town and such other information as the secretary may determine is necessary to establish the residence of the person. (2) Upon conviction, a person filing a false statement or otherwise falsely obtaining or assisting another person to falsely obtain the benefits of the exemption authorized in this section is guilty of a violation and shall be fined in a sum of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).

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Arkansas Code — all titles (historical 2020) · legal_authorities

26-52-601. Legislative findings and intent.

26-52-601. Legislative findings and intent. (a)(1) In the passage of this subchapter, the General Assembly is cognizant of the inequities faced by cities and towns in this state and their inhabitants when the cities and towns are divided by a state line from an incorporated city or town in another state in which the tax burden of the citizens of the city or town in the adjoining state is substantially less than the tax burden imposed by the laws of this state upon the citizens of a border city or town in this state. (2) The General Assembly is also cognizant that these tax inequities offer inducements to citizens who would otherwise settle in Arkansas and operate businesses in Arkansas to move to the border cities in the adjoining states. (b) The passage of this subchapter is designed to establish a method of equalizing the inequities imposed under the tax laws of this state, thereby offering inducements to persons to establish their homes and businesses in the Arkansas border city or town.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 26-52-601

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 26-52-601. This identifies an authority to review, not proof of applicability.