Arkansas § 26-51-812 Withholding tax at source

Arkansas Statutes

§ 26-51-812 — Withholding tax at source

(a)The Secretary of the Department of Finance and Administration, whenever he or she deems it necessary to ensure compliance with the provisions of the Income Tax Act of 1929, § 26-51-101 et seq., may, under rules prescribed by him or her, require any individual, partnership, limited liability company, corporation, joint-stock company, or association, including lessees or mortgagors and employees of the state or of any political subdivision of the state having control, receipt, custody, disposal, or payment of interest, other than interest coupons payable to bearer, rent, salaries, wages, premiums, compensation, remunerations, emoluments, or other fixed or determinable annual or periodical gains, profits, and income paid or payable to any taxpayer, to deduct and withhold the tax due from

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(a) The Secretary of the Department of Finance and Administration, whenever he or she deems it necessary to ensure compliance with the provisions of the Income Tax Act of 1929, § 26-51-101 et seq., may, under rules prescribed by him or her, require any individual, partnership, limited liability company, corporation, joint-stock company, or association, including lessees or mortgagors and employees of the state or of any political subdivision of the state having control, receipt, custody, disposal, or payment of interest, other than interest coupons payable to bearer, rent, salaries, wages, premiums, compensation, remunerations, emoluments, or other fixed or determinable annual or periodical gains, profits, and income paid or payable to any taxpayer, to deduct and withhold the tax due from the taxpayer and make return thereof and pay the tax to the secretary. (b) (1) Upon the giving of notice by the secretary to the fiduciary of an estate or trust that the taxes due under the Income Tax Act of 1929, § 26-51-101 et seq., from the grantor or beneficiary of an estate or trust on income of the estate or trust, which is taxable to the grantor or beneficiary under the provisions of § 26-51-201 , have not been paid, the fiduciary shall withhold the amount of the taxes from any payments or distribution due or to become due from the estate or trust to the grantor or beneficiary and transmit the amount so withheld to the secretary. (2) The notice required in this section is to be served on the fiduciary or other person named above by registered mail, the letter to be directed to the last known address of the fiduciary or other person so named above, as the address appears in the records of the secretary. (3) Any person failing or refusing to deduct and withhold the tax due from any taxpayer as required by the secretary pursuant to this section shall be personally liable for such tax, and the secretary may proceed against him or her as provided for in § 27 [repealed] of the Income Tax Act of 1929, § 26-51-101 et seq. (c) The provisions of this section shall not apply to the payment of interest obligations not taxable under the Income Tax Act of 1929, § 26-51-101 et seq.

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Legislative History

Amended by Act 2019, No. 315,§ 2972, eff. 7/24/2019. Amended by Act 2019, No. 910,§ 3744, eff. 7/1/2019. Acts 1929, No. 118, Art. 4, § 21; Pope's Dig., § 14044; Acts 1939, No. 140, § 3; 1947, No. 335, § 2; A.S.A. 1947, § 84-2026; Acts 1995, No. 1160, § 19.