§ 14-164-333 — Capital improvement bonds - Local sales and use tax - Administration, collection, etc

(a) (1) A sales and use tax levied pursuant to the authority granted by this subchapter shall be administered and collected subject to the provisions of § 26-74-212 or § 26-75-216 , whichever shall be applicable. (2) (A) The Secretary of the Department of Finance and Administration shall perform all functions incidental to the administration, collection, enforcement, and operation of the tax, as provided in §§ 26-74-201 - 26-74-219 , 26-74-221 , 26-74-315 - 26-74-317 , 26-75-201 - 26-75-221 , 26-75-223 , 26-75-317 , and 26-75-318 . Provided, however, to the extent the provisions of § 14-164-329 conflict with any provisions of § 26-74-101 et seq. or § 26-75-101 et seq., or any other law, § 14-164-329 shall be deemed to supersede the conflicting statutes. (B) The tax levied in this subchapter on new and used motor vehicles shall be collected by the secretary directly from the purchaser in the manner prescribed in § 26-52-510 . (b) (1) (A) In each municipality or county where a local sales and use tax has been imposed in the manner provided in this subchapter, every retailer shall add the tax imposed by the Arkansas Gross Receipts Act of 1941, § 26-52-101 et seq., the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq., and the tax imposed by this subchapter to the sale price, and when added, the combined tax shall constitute a part of the price, shall be a debt of the purchaser to the retailer until paid, and shall be recoverable at law in the same manner as the purchase price. (B) A retailer shall be entitled to a discount with respect to tax remitted under this subchapter as authorized in § 26-52-503 . (2) (A) Any fraction of one cent (1¢) of tax which is less than one-half of one cent (0.5¢) shall not be collected. (B) Any fraction of one cent (1¢) of tax equal to one-half of one cent (0.5¢) or more shall be collected as a whole cent (1¢) of tax. (c) In the event the General Assembly or the electors of the state shall either increase or decrease the rate of the state gross receipts tax, the combined rate of the state gross receipts tax and the local sales tax shall be the sum of the two (2) rates. (d) (1) Each vendor who is liable for one (1) or more city sales or use taxes shall report a combined city sales tax and a combined city use tax on his or her sales and use tax report. The combined city sales tax is equal to the sum of all sales taxes levied by a city under this subchapter or any other provision of the Arkansas Code. The combined city use tax is equal to the sum of all use taxes levied by a city under this subchapter or any other provision of the Arkansas Code. This provision applies only to taxes collected by the secretary. (2) Each vendor who is liable for one (1) or more county sales or use taxes shall report a combined county sales tax and a combined county use tax on his or her sales and use tax report. The combined county sales tax is equal to the sum of all sales taxes levied by a county under this subchapter or any other provision of the Arkansas Code. The combined county use tax is equal to the sum of all use taxes levied by a county under this subchapter or any other provision of the Arkansas Code. This provision applies only to taxes collected by the secretary.

Legislative History

Amended by Act 2019, No. 910,§ 3389, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3388, eff. 7/1/2019. Acts 1985, No. 871, § 9; A.S.A. 1947, § 13-1247; Acts 1995, No. 565, § 21; 1997, No. 1176, § 2; 2003, No. 747, § 1; 2003, No. 1273, §§ 83, 84.