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26-82-103. Authority to levy tax.

Arkansas Code — all titles (historical 2020) · legal_authorities

26-82-103. Authority to levy tax.

26-82-103. Authority to levy tax. (a)(1) The governing body of a city or county may adopt an ordinance levying a local sales and use tax in the amount of one-eighth of one percent (0.125%), one-fourth of one percent (0.25%), one-half of one percent (0.5%), three-fourths of one percent (0.75%), one percent (1%), or any combination of these amounts to pay project costs of an economic development project located within the levying entity or near the levying entity if still located within the state. (2)(A) The ordinance may levy multiple local sales and use taxes. (B) However, there shall not be in effect at any one (1) time local sales and use taxes levied under this chapter at an aggregate rate greater than one percent (1%). (b) A certified copy of the ordinance authorizing the levy of a local sales and use tax shall be provided to the Secretary of the Department of Finance and Administration as soon as practicable after the adoption of the ordinance. (c) The local entity shall: (1) Determine the maximum amount of revenue to be generated by each local sales and use tax levied under this chapter; and (2) State in the levying ordinance the maximum amount of revenue to be generated by each local sales and use tax levied under this chapter. (d)(1) The local sales and use tax levied under this chapter shall expire when the maximum amount of revenue determined under subdivision (c)(1) of this section has been collected as determined under this subsection. (2)(A) Except as otherwise provided in § 26-82-106, to provide for the accomplishment of the administrative duties of the secretary, the local sales and use tax shall terminate on the first day of the calendar quarter after the expiration of ninety (90) days from the date there is filed with the secretary a w

Source: Arkansas Code — historical release 78 (November 6, 2020) · 26-82-103

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:26-82-103
Source file: gov.ar.code.title.26.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 66ebdbee37d54016e93ae31f06e96b7eadd2c11cb4cfbd7bc1430893a1b6965c

Source location: content.xml paragraph 36487

Stored source content

26-82-103. Authority to levy tax. (a)(1) The governing body of a city or county may adopt an ordinance levying a local sales and use tax in the amount of one-eighth of one percent (0.125%), one-fourth of one percent (0.25%), one-half of one percent (0.5%), three-fourths of one percent (0.75%), one percent (1%), or any combination of these amounts to pay project costs of an economic development project located within the levying entity or near the levying entity if still located within the state. (2)(A) The ordinance may levy multiple local sales and use taxes. (B) However, there shall not be in effect at any one (1) time local sales and use taxes levied under this chapter at an aggregate rate greater than one percent (1%). (b) A certified copy of the ordinance authorizing the levy of a local sales and use tax shall be provided to the Secretary of the Department of Finance and Administration as soon as practicable after the adoption of the ordinance. (c) The local entity shall: (1) Determine the maximum amount of revenue to be generated by each local sales and use tax levied under this chapter; and (2) State in the levying ordinance the maximum amount of revenue to be generated by each local sales and use tax levied under this chapter. (d)(1) The local sales and use tax levied under this chapter shall expire when the maximum amount of revenue determined under subdivision (c)(1) of this section has been collected as determined under this subsection. (2)(A) Except as otherwise provided in § 26-82-106, to provide for the accomplishment of the administrative duties of the secretary, the local sales and use tax shall terminate on the first day of the calendar quarter after the expiration of ninety (90) days from the date there is filed with the secretary a written statement signed by the chief executive officer of the city or county levying the local sales and use tax and identifying the local sales and use tax to be terminated. (B) In the statement described in subdivision (d)(2)(A) of this section, the city or county levying the local sales and use tax shall certify that it has received the maximum amount of revenue stated in the levying ordinance. (3) The chief executive officer of the city or county shall file the certification required under this subsection not later than thirty (30) days after the receipt of the maximum amount of revenue stated in the levying ordinance. (4) Upon the termination of a local sales and use tax under this subsection, any surplus tax collections that may have accumulated from the local sales and use tax shall be transferred to the general fund of the city or county.

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Arkansas Code — all titles (historical 2020) · legal_authorities

26-82-106. Abolition of tax.

26-82-106. Abolition of tax. (a)(1) Except under subsection (b) of this section, the levying entity may abolish all or a portion of the local sales and use tax authorized under this chapter by: (A) A roll call vote of two-thirds (2/3) of all members elected to the governing body of the levying entity, excluding the mayor and county judge, if the governing body of the levying entity has determined that the purposes of the local sales and use tax cannot be fulfilled or cannot continue to be fulfilled; or (B) An election called by: (i) Action of the governing body of the levying entity; or (ii) A petition of the qualified voters in the levying entity. (2) A petition of the qualified voters and the calling and holding of an election concerning the abolition of the local sales and use tax under this subsection are governed by the initiative procedures in Arkansas Constitution, Article 5, § 1, and any ordinances of the levying entity governing initiative procedures. (3) The governing body of the levying entity may call for an election under this subsection subject to the same procedures stated in this chapter for the calling of the initial election. (4)(A) The ballot title for use in an election under this subsection shall be in substantially the following form: “[ ] FOR abolition of the percent ( %) local sales and use tax within (name of local entity) for economic development projects.” “[ ] AGAINST abolition of the percent ( %) local sales and use tax within (name of local entity) for economic development projects.” (B) However, a ballot title that contains a question for qualified voters on whether to continue the levy of a local sales and use tax complies with this subdivision (a)(4). (b)(1) In a levying entity in which a local sales

Source: Arkansas Code — historical release 78 (November 6, 2020) · 26-82-106

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 26-82-106. This identifies an authority to review, not proof of applicability.