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006.05.307-26-51-403. INCOME GENERALLY

AR ADC 006.05.307-26-51-403Arkansas Administrative Code

West's Arkansas Administrative Code
Title 006. Department of Finance and Administration
Division 05. Division of Revenues
Rule 307. Comprehensive Individual Income Tax Regulations (Refs & Annos)
Ark. Admin. Code 006.05.307-26-51-403
006.05.307-26-51-403. INCOME GENERALLY
1.26-51-403(b) Income Generally
Each year's return should be completed in itself and taxpayer's are expected to make every reasonable effort to ascertain the facts necessary to make a correct return. The expenses of one year can not be used to reduce the income of a subsequent year. A taxpayer has the right to deduct all authorized allowances, and it follows that if he does not within any year deduct certain of his expenses, losses, interest, taxes or other charges, he can not deduct them from the income of the next or any succeeding year. It is recognized, however, that particularly in a going business of any magnitude, there are certain overlapping items of both income and deductions, and so long as these overlapping items do not materially distort the income they may be included in the year in which the taxpayer, pursuant to a consistent policy, takes them into his accounts. Judgements[sic] or other binding adjudications, such as decisions of referees and boards of review under workman's compensation laws, on account of damages for patent infringement, personal injuries, or other causes, are deductible from gross income when the claim is so adjudicated or paid, unless taken under other methods of accounting which clearly reflects, the correct deduction, less any amount of such damages as may have been compensated for by insurance or otherwise. If, subsequent to its occurrence, however, a taxpayer first ascertains the amount of a loss sustained during a prior taxable year which has not been deducted from gross income, he may render an amended return for such preceding taxable year including such amount of loss in the deductions from gross income and may file a claim for refund of the excess tax paid by reason of the failure to deduct such loss on the original return. A loss from theft or embezzlement occurring in one year and discovered in another year is ordinarily deductible for the year in which sustained.
2.26-51-403(b) - Long-Term Intergenerational Trusts
A long-term intergenerational trust is a trust established for an individual under the age of 18. The purpose of the trust is to provide tax-deferred growth of funds for the minor's retirement. The trustee must be a resident of Arkansas and cannot distribute any of the trust's funds to the beneficiary until the beneficiary reaches the age of 55. Up to $4,000.00 per year can be contributed to the trust.
Contributions to the trust are taken as an adjustment (that is, subtracted) from the contributor's gross income for purposes of calculating the contributor's adjusted gross income.
Income tax on trust earnings is deferred until such time that the earnings are distributed to the trust's beneficiaries.
*All distributions from the trust, whether principal, earnings or a combination thereof, are taxable to the beneficiary who receives them. Prior to August 1, 1997, distributions of trust principal were not taxable, while distributions of trust earnings were taxable.
*All distributions from long-term intergenerational security trusts are taxable pursuant to ACA 28-72-505(a)(1).
1.26-51-403(b)(13) Border City Tax Exemption -- Texarkana
Under certain circumstances, as set forth below in Income Tax Regulation 1977-5, the income of residents of Texarkana, Arkansas and Texarkana, Texas, which would normally be subject to Arkansas income tax, will be exempt from Arkansas income tax due to Arkansas' “border city tax exemption” as established by ACA 26-52-602.
The Commissioner of Revenues of the State of Arkansas, pursuant to the authority vested in him by Act 118 of 1929, and Act 132 of 1965, with the approval of the Governor, does hereby promulgate the following regulations and rules for the orderly administration of Act 48 of 1977, as amended by Act 177 of 1977.
Definitions. The following words shall have, when used in this regulation, the following meaning:
Texarkana, Arkansas, Resident -- Shall mean an individual who maintains a place of abode within the city limits of Texarkana, Arkansas.
Texarkana, Texas, Resident -- Shall mean an individual who maintains a place of bode within the city limits of Texarkana, Texas.
Individual Taxpayer -- Shall mean a natural person.
1. Texarkana, Arkansas residents are exempt from the Arkansas Income Tax on income received while a bona fide resident of Texarkana, Arkansas, but they shall be required to file an Arkansas Income Tax return.
2. Texarkana, Texas residents are subject to the Arkansas Income Tax on taxable income earned in Arkansas, other than income earned in Texarkana, Arkansas.
3. All other residents of Texas, other than those residents of Texarkana, Texas are subject to the Arkansas Income Tax on taxable income earned in Arkansas, including Texarkana, Arkansas.
4. Texarkana, Arkansas residents are subject to the Arkansas Income Tax on taxable income earned in Arkansas while a resident of any city other than Texarkana, Arkansas.
*5. Employers shall verify to the State of Arkansas the residency of those employees on whom they do not withhold Arkansas Income Tax. Employees shall file the Employee's Withholding Exemption Certificate with the employer if the employee is claiming a Texarkana, Arkansas, residency exemption or a Texarkana, Texas, residency exemption for income earned in Texarkana, Arkansas. The employer shall keep this certificate with his records, under the penalty of being liable for any taxes not properly withheld on his employees. Employers shall also list the names and addresses of all employees during the course of the quarterly tax period or at the time a report is due from the employer.
6. Information furnished by the employee to the employer shall include the physical location of the employee if his mailing address is different from his residence address.
7. An individual taxpayer who is claiming an exemption from Arkansas Income Tax because of a Texarkana, Arkansas, or a Texarkana, Texas residence shall verify to the State of Arkansas that he is indeed a bona fide resident of Texarkana, Arkansas or Texarkana, Texas in a manner that is acceptable to the State of Arkansas.
The effective date of this regulation shall be January 1, 1978.
* Withholding forms associated with this exemption are:
AR-4EC (TX) -- Texarkana employee's withholding exemption certificate.
AR-TX -- Completed by employer and provided to employee, shows wages paid during the preceding tax year that are exempt from Arkansas income tax because of the border city exemption.
AR-3Q-Tex -- Completed by employer. All of the employees' Form AR-TXs (a copy of one for each employee) are attached to the AR-3Q-Tex form and sent in to the Withholding Unit.
Current with amendments received through August 15, 2023. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.05.307-26-51-403, AR ADC 006.05.307-26-51-403
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