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006.05.212-UT-5. COLLECTION OF TAX:

AR ADC 006.05.212-UT-5Arkansas Administrative Code

West's Arkansas Administrative Code
Title 006. Department of Finance and Administration
Division 05. Division of Revenues
Rule 212. 2008-3 Gross Receipts Tax Rules
Compensating Use Tax Rules
Ark. Admin. Code 006.05.212-UT-5
006.05.212-UT-5. COLLECTION OF TAX:
A. 1. Every vendor making a sale of tangible personal property or taxable services directly or indirectly for the purpose of storage, use, consumption, or distribution in this state shall collect the tax from the purchaser and give a receipt to the customer. The required amount of tax collected by the vendor from the purchaser shall be displayed separately on the document evidencing the sale. The tax shall be displayed either as a separate line item or included within the total sales price on the document evidencing the sale. If the tax is included within the total sales price the vendor shall state “Arkansas Tax Included” on the document evidencing the sale.
2. Arkansas compensating use tax is applicable to the sale of tangible personal property or a taxable service if the sale is sourced to Arkansas pursuant to Ark. Code Ann. §§ 26-52-521, 26-52-522, and GR-76. Notwithstanding the laws of another state, the sourcing provisions determine a vendor's obligation to collect or pay Arkansas compensating use tax on the vendor's retail sale of tangible personal property or a taxable service.
B. Every vendor selling tangible personal property or taxable services for storage, use, consumption, or distribution in this state shall register with the Commissioner.
C. Irrespective of the foregoing rule, every person storing, using, consuming, or distributing tangible personal property or taxable services in this state which was purchased from a vendor shall be liable for the tax levied by Ark. Code Ann. § 26-53-101 et seq. The liability shall not be extinguished until the tax has been paid to the state unless that person has a receipt from a vendor authorized by the Commissioner under such rules as the Commissioner may prescribe to collect the tax imposed hereunder. Such a receipt given to the purchaser, by a registered vendor, in accordance with the foregoing rule shall be sufficient to relieve the purchaser from liability for the tax to which such receipt may refer.

Credits

AUTHORITY: Ark. Code Ann. § 26-53-106
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.05.212-UT-5, AR ADC 006.05.212-UT-5
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