§ 26-52-501-d-1 — [Effective for tax years beginning on or after January 1, 2024] Preparation of returns - Payment of tax

(a) (1) The tax levied under this chapter shall be due and payable on the first day of each month, except as provided in this subchapter, by any person liable for the payment of any tax due under this chapter. (2) When a taxpayer becomes liable to file a report with the Secretary of the Department of Finance and Administration, the taxpayer must continue to file the report, even though no tax is due, until such time as the taxpayer notifies the secretary, in writing, that the taxpayer is no longer liable for the report. (b) (1) For the purpose of ascertaining the amount of tax payable under this chapter, it shall be the duty of all taxpayers on or before the twentieth day of each month to deliver to the secretary, upon forms prescribed and furnished by the secretary, returns showing the total tax due derived from all taxable sales during the preceding calendar month. (2) The returns shall show such further information as the secretary may require to enable the secretary to compute correctly and collect the tax levied. (3) Whether an individual, corporation, partnership, limited liability company, or other entity, every taxpayer shall file a single report combining all taxes due derived from sales made from all Arkansas locations of the taxpayer's business which are registered and permitted with the secretary under the same federal employer's identification number or Social Security number. (c) In addition to the information required on returns, the secretary may request and the taxpayer must furnish any information deemed necessary for a correct computation of the tax levied. (d) The tax shall be computed by multiplying the tax rate by the amount of the total combined gross receipts or gross proceeds derived from all taxable sales during the preceding month without regard to the amount that may be allocated to gross receipts tax on the taxpayer's books of account. (e) The taxpayer shall compute and remit to the secretary the required tax due for the preceding calendar month, with the remittance of the tax to accompany the returns required in this subchapter. (f) The return and remittances by the taxpayer as required in subsections (a)-(e) of this section shall not be construed to constitute an assessment of the tax. (g) (1) If not paid on or before the twentieth of that month, the tax shall be delinquent from that date. (2) However, no penalty for delinquency shall be assessed if payment is made on or before the first day of the month next following. (h) When the average amount of tax for which the taxpayer is liable for the previous fiscal year beginning on July 1 and ending on June 30 does not exceed one hundred dollars ($100) per month, the secretary may notify the taxpayer that a quarterly report and remittance in lieu of a monthly report may be made on or before July 20, October 20, January 20, and April 20 of each year for the preceding three-month period. (i) When the average amount of tax for which the taxpayer is liable for the previous fiscal year beginning on July 1 and ending on June 30 does not exceed twenty-five dollars ($25.00) per month, the secretary may notify the taxpayer that a yearly report and remittance in lieu of a monthly report may be made on or before January 20 of each year for the preceding twelve-month period. (j) For tax years beginning on or after January 1, 2024, a taxpayer who has an average monthly gross receipts tax liability of five thousand dollars ($5,000) or more for the preceding fiscal year that began on July 1 and ended on June 30 shall file all returns and remittances required by this section electronically. (k) The secretary may waive the electronic filing and payment requirements under subsection (j) of this section if the secretary determines that filing the return electronically would cause an undue hardship on the taxpayer. (l) The secretary may establish by rule separate requirements for filing reports and returns and paying the tax levied under this chapter for taxpayers whose principal line of business does not include the retail selling of tangible personal property, specified digital products, or a digital code or performing taxable services. (m) A person that collects a tax under this chapter shall remit the tax to the state in accordance with this subchapter. This section is set out more than once due to postponed, multiple, or conflicting amendments.

Legislative History

Amended by Act 2023, No. 192,§ 1, eff. for tax years beginning on or after January 1, 2024. Amended by Act 2019, No. 822,§ 23, eff. 10/1/2019. Amended by Act 2019, No. 910,§ 3864, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3863, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3862, eff. 7/1/2019. Amended by Act 2019, No. 910,§ 3861, eff. 7/1/2019. Amended by Act 2019, No. 315,§ 2994, eff. 7/24/2019. Amended by Act 2017, No. 141,§ 35, eff. for tax years beginning on and after 1/1/2018. Acts 1941, No. 386, § 5; 1979, No. 915, § 1; A.S.A. 1947, § 84-1906; Acts 1989, No. 395, § 2; 1991, No. 688, § 2; 1995, No. 301, § 2; 1995, No. 835, § 5; 2003, No. 664, §§ 1, 2; 2007, No. 181, § 24.