Browse Arkansas Code titles and sections
4-56-103. Reimbursement for taxes.
Arkansas Code — all titles (historical 2020) · legal_authorities
4-56-103. Reimbursement for taxes.
(a)(1) If a contract requires one (1) party to reimburse another party for the federal excise tax imposed by 26 U.S.C. § 4081 or 26 U.S.C. § 4091, whether as a separate item or as part of the contract price, the reimbursing party at its option and notwithstanding contrary terms of the contract shall not be required to make the reimbursement more than one (1) business day before the day on which the reimbursed party must remit the taxes to the Internal Revenue Service.
(2) Exercise of the option provided by subdivision (a)(1) of this section shall not relieve the reimbursing party of its obligation to make the reimbursement as required by the contract but shall affect only the timing of that reimbursement.
(b)(1) Written notice of the reimbursing party's intent to exercise the option provided in subsection (a) of this section shall be given to the reimbursed party.
(2) The notice shall state the effective date of the exercise of the option which shall be no earlier than thirty (30) days after the notice of intent is received by the reimbursed party or the beginning of the reimbursed party's next federal tax quarter, whichever is later.
(c)(1) If a reimbursing party exercises the option provided in subsection (a) of this section, the reimbursed party may demand security for the payment of the taxes in proportion to the amount the taxes represent compared to the security demanded on the contract as a whole.
(2) The reimbursed party may also require reimbursement to be made by electronic transfer of funds but may not change the other payment terms of the contract without a valid business reason.
(d)(1) This section shall apply to all contracts that are:
(A) Continuing contracts with no fixed expiration date and in effect on
Source: Arkansas Code — historical release 78 (November 6, 2020) · 4-56-103
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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Stable record: arkansas_code:legal_authorities:4-56-103
Source file: gov.ar.code.title.04.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f3c7576f936b43ad2ca2888f81d2d1ea87e329620306e94df5164d3eeec18b39
Source location: content.xml paragraph 28696
Stored source content
4-56-103. Reimbursement for taxes.
(a)(1) If a contract requires one (1) party to reimburse another party for the federal excise tax imposed by 26 U.S.C. § 4081 or 26 U.S.C. § 4091, whether as a separate item or as part of the contract price, the reimbursing party at its option and notwithstanding contrary terms of the contract shall not be required to make the reimbursement more than one (1) business day before the day on which the reimbursed party must remit the taxes to the Internal Revenue Service.
(2) Exercise of the option provided by subdivision (a)(1) of this section shall not relieve the reimbursing party of its obligation to make the reimbursement as required by the contract but shall affect only the timing of that reimbursement.
(b)(1) Written notice of the reimbursing party's intent to exercise the option provided in subsection (a) of this section shall be given to the reimbursed party.
(2) The notice shall state the effective date of the exercise of the option which shall be no earlier than thirty (30) days after the notice of intent is received by the reimbursed party or the beginning of the reimbursed party's next federal tax quarter, whichever is later.
(c)(1) If a reimbursing party exercises the option provided in subsection (a) of this section, the reimbursed party may demand security for the payment of the taxes in proportion to the amount the taxes represent compared to the security demanded on the contract as a whole.
(2) The reimbursed party may also require reimbursement to be made by electronic transfer of funds but may not change the other payment terms of the contract without a valid business reason.
(d)(1) This section shall apply to all contracts that are:
(A) Continuing contracts with no fixed expiration date and in effect on August 12, 2005; or
(B) Entered into or renewed after August 12, 2005.
(2) All contracts in effect on August 12, 2005, that contain a fixed expiration date shall be governed by the law as it existed prior to August 12, 2005.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Tax imposed**
(1) **Tax on removal, entry, or sale**
(A) *In general* — There is hereby imposed a tax at the rate specified in paragraph (2) on—
(i) the removal of a taxable fuel from any refinery,
(ii) the removal of a taxable fuel from any terminal,
(iii) the entry into the United States of any taxable fuel for consumption, use, or warehousing, and
(iv) the sale of a taxable fuel to any person who is not registered under section 4101 unless there was a prior taxable removal or entry of such fuel under clause (i), (ii), or (iii).
(B) *Exemption for bulk transfers to registered terminals or refineries*
(i) *In general* — The tax imposed by this paragraph shall not apply to any removal or entry of a taxable fuel transferred in bulk by pipeline or vessel to a terminal or refinery if the person removing or entering the taxable fuel, the operator of such pipeline or vessel (except as provided in clause (ii)), and the operator of such terminal or refinery are registered under section 4101.
(ii) *Nonapplication of registration to vessel operators entering by deep-draft vessel* — For purposes of clause (i), a vessel operator is not required to be registered with respect to the entry of a taxable fuel transferred in bulk by a vessel described in section 4042(c)(1).
(2) **Rates of tax**
(A) *In general* — The rate of the tax imposed by this section is—
(i) in the case of gasoline other than aviation gasoline, 18.3 cents per gallon,
(ii) in the case of aviation gasoline, 19.3 cents per gallon, and
(iii) in the case of diesel fuel or kerosene, 24.3 cents per gallon.
(B) *Leaking Underground Storage Tank Trust Fund tax* — The rates of tax specified in subparagraph (A) shall each be increased by 0.1 cent per gallon. Th
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 4081
Stored review status: release_metadata_unconfirmed. The source passage cites 26 U.S.C. § 4081. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2897
TITLE 26—INTERNAL REVENUE CODE
§ 4081
1987—Pub. L. 100–203, title X, § 10502(d)(18), Dec. 22,
1987, 101 Stat. 1330–445, added item relating to subpart
B.
1983—Pub. L. 97–424, title V, § 515(b)(13), Jan. 6, 1983, 96
Stat. 2182, struck out the item for subpart B ‘‘Lubri-
cating oil’’.
SUBPART A—MOTOR AND AVIATION FUELS
Sec.
4081.
Imposition of tax.
4082.
Exemptions for diesel fuel and kerosene.
4083.
Definitions; special rule; administrative au-
thority.
4084.
Cross references.
Editorial Notes
AMENDMENTS
2004—Pub. L. 108–357, title VIII, § 853(d)(2)(S), Oct. 22,
2004, 118 Stat. 1614, substituted ‘‘Motor and Aviation
Fuels’’ for ‘‘Gasoline and Diesel Fuel’’ in subpart head-
ing.
1997—Pub. L. 105–34, title X, § 1032(e)(3)(B), Aug. 5,
1997, 111 Stat. 935, inserted ‘‘and kerosene’’ after ‘‘diesel
fuel’’ in item 4082.
1993—Pub. L. 103–66, title XIII, § 13242(a), Aug. 10, 1993,
107 Stat. 514, substituted ‘‘Gasoline and Diesel Fuel’’
for ‘‘Gasoline’’ in subpart heading and amended section
analysis generally, substituting ‘‘Exemptions for diesel
fuel’’ for ‘‘Definitions’’ in item 4082 and ‘‘Definitions;
special rule; administrative authority’’ for ‘‘Cross ref-
erences’’ in item 4083 and adding item 4084.
1986—Pub. L. 99–514, title XVII, § 1703(a), Oct. 22, 1986,
100 Stat. 2774, struck out item 4083 ‘‘Exemption of sales
to producer’’ and redesignated former item 4084 as 4083.
1956—Act June 29, 1956, ch. 462, title II, § 208(e)(2), 70
Stat. 397, substituted ‘‘Cross references’’ for ‘‘Relief of
farmers from tax in case of gasoline used on the farm’’
in item 4084.
Act Apr. 2, 1956, ch. 160, § 4(a)(2), 70 Stat. 90, added
item 4084.
§ 4081. Imposition of tax
(a) Tax imposed
(1) Tax on removal, entry, or sale
(A) In general
There is here
Source: Supplied 2024 U.S. Code historical extraction · 26 U.S.C. § 4081
Stored review status: historical_2024_not_currentness_verified. The source passage cites 26 U.S.C. § 4081. This identifies an authority to review, not proof of applicability.