006.05.203. Soft Drink Tax Regulation
AR ADC 006.05.203Arkansas Administrative Code
Ark. Admin. Code 006.05.203
006.05.203. Soft Drink Tax Regulation
These rules and regulations are promulgated for the enforcement and administration of Act 7 of 1992 (2nd Ex. Sess.).
17. “Soft drink” means any non-alcoholic beverage sold for human consumption including ready-to-drink coffee and tea sold in bottles, cans or other sealed containers and “diet” or low-calorie soft drinks. “Soft drink” does not include products used solely for coloring or flavoring other beverages. Examples of such products include lime and lemon juice, bitters, and clam juice. Examples of a “soft drink” include, but are not limited to:
d. artificially or naturally flavored drinks of ten percent (10%) or less natural fruit or vegetable juice, including grape soda, cherry soda, root beer, strawberry soda, lime soda, limeade, lemon soda, lemonade, lemon-lime soda, orange soda, orangeade, flavored water, Mountain Dew, 7-Up, Sprite, CountryTime, Crystal Lite, Clearly Canadian, and including decaffeinated, sugarless or “diet” soft drinks;
18. “Syrup” means any liquid mixture of basic ingredients used to make, mix or compound soft drinks with water, simple syrup, ice, fruits, vegetables, fruit juice, vegetable juice or any other product suitable to make a complete soft drink. “Syrups” include mixtures to which water and alcohol may be added to produce a margarita, pina colada, Tom Collins, daiquiri or other similar beverage.
3. A licensee who as a single entity acts as both a retailer and a distributor may report and remit the tax on the 15th of each month following the month in which the soft drinks, syrups, powders, or base products were withdrawn from the licensee's inventory and delivered to the licensee's retail outlets in Arkansas.
4. If bottled soft drinks, syrups, simple syrups, powders or base products (“products”) are sold to a retailer with a place of business in an Arkansas city or unincorporated town which is divided by a state line from an incorporated city or town in an adjoining state and which has a population less than the population in the adjoining city, then the tax imposed on the licensee shall be at the same rate as imposed in the adjoining state on similar sales; provided, that the products are delivered to the retailer within the boundaries of the city or town to be held for sale in the city or town to the ultimate consumer.
c. the sale of any powder or base product which when mixed with water or other liquid produces coffee or tea. Examples include powdered instant tea and coffee, whether caffeinated, decaffeinated or herbal. Loose or bagged tea leaves, coffee beans, and loose or bagged ground coffee are not “powders or base products” subject to the tax.
(1) retail businesses who purchase the powder for resale to customers, such as grocery stores, health food stores and convenience stores. This exemption also applies to retail businesses that purchase the powder for both resale and for mixing and sale of soft drinks to the public, such as stores which operate delicatessens, grills, and fountains.
(2) entities that purchase the powder for mixing and in-house consumption or as part of a service provided to customers, and not for resale. Examples include hospitals, nursing homes, rehabilitation centers, daycares, and churches. This exemption also applies to sales to entities which purchase the powder for both in-house consumption and retail sale, such as hospitals and nursing homes which operate cafeterias open to the public. This exemption does not apply to the sale of powders to entities that are solely in the business of selling prepared food and beverages to customers, such as bars, restaurants, and fast-food restaurants.
2. There is no exemption from soft drink tax for soft drinks, syrups, simple syrups, powders or base products a) donated by a licensee to churches, schools, clubs, charitable organizations or other organizations, or b) distributed free of charge by a licensee for promotional or other purposes at political fund-raisers, rallies, sporting events, civic group meetings or other similar gatherings.
Credits
Amended Apr. 2008.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.05.203, AR ADC 006.05.203
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