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006.05.523-V. Calculation or Pass-Through Entity Tax.

AR ADC 006.05.523-VArkansas Administrative CodeEffective: November 28, 2022

West's Arkansas Administrative Code
Title 006. Department of Finance and Administration
Division 05. Division of Revenues
Rule 523. Arkansas Elective Pass-Through Entity Tax
Effective: November 28, 2022
Ark. Admin. Code 006.05.523-V
006.05.523-V. Calculation or Pass-Through Entity Tax.
(a) The affected business entity shall calculate its tax rate as follows:
(1) The affected business entity shall pay a tax equal to the top marginal income tax rate for the taxable year under Ark. Code Ann. § 26-51-201(a) on its net taxable income computed as described in this rule.
(2) Any net capital gain earned by the affected business entity, regardless of whether that gain is a short or long-term capital gain or the amount of the gain, shall be taxed at fifty percent (50%) of the top marginal income tax rate for the taxable year under Ark. Code Ann. § 26-51-201(a).
(b) On its tax return, an affected business entity shall compute its net taxable income as determined by the Income Tax Act of 1929. The affected business entity shall make any applicable basis adjustments in computing the net taxable income of the entity.
(c) An affected business entity that receives or earns income tax credits under Arkansas law may elect to apply those tax credits to reduce the Pass-Through Entity Tax owed by the entity. The tax credits shall be subject to the same limitations that would have been applicable had the credit been used to reduce an income tax liability. Entitlement to an income tax credit, deduction, or exemption by a member or members is not relevant to and must not be considered in the computation of the Pass-Through Entity Tax.
(d) If the affected business entity has income from both within and without Arkansas for the taxable year, the business entity shall apportion or allocate its income to Arkansas as required by Ark. Code Ann. § 26-51-701 et seq.
(e) An affected business entity that incurs a net operating loss may carry forward the loss for the period of years as allowed by Arkansas Code Annotated § 26-51-427.
(f) An affected business entity may deduct guaranteed payments to its members as ordinary and necessary business expenses to the extent they are not required to be capitalized by Arkansas law and otherwise meet the definition of an ordinary and necessary business expense.
(g) If an affected business entity is a member of one or more other affected business entities, that entity shall subtract its distributive share of the income or add its distributive share of the losses from the other affected business entity or entities, to the extent the income or loss from the other affected business entity or entities was apportioned or allocated to Arkansas or otherwise attributable to Arkansas.
(h) Penalty and interest will be calculated and imposed pursuant to the Arkansas Tax Procedure Act.

Credits

Adopted Nov. 28, 2022.
Authority. Ark. Code Ann. § 26-18-301; Ark. Code Ann. § 26-65-102; Ark. Code Ann. § 26-65-105; Ark. Code Ann. § 26-65-106.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.05.523-V, AR ADC 006.05.523-V
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