Arkansas House Bill HB1221

Arkansas 2023 Regular Session

• Introduced: 1/24/23
• Refer: 1/24/23
• Failed: 5/1/23

Caption

To Exclude Certain Involuntary Sales Of Livestock From Gross Income Under The Income Tax Act Of 1929.

Impact

If enacted, HB1221 would impact state law by effectively changing the income tax liability for individuals in agricultural sectors affected by natural disasters. Specifically, the bill hopes to alleviate the financial burden on farmers who lose livestock under adverse conditions, thereby encouraging recovery and continuity in livestock farming. Farmers receiving income from involuntary livestock sales would not be penalized with additional taxation if they comply with the requirements set forth in the bill, thus fostering a supportive legislative environment for those in the agriculture industry.

Summary

House Bill 1221 aims to amend the definition of 'gross income' under the Income Tax Act of 1929 specifically by excluding certain involuntary sales of livestock from the taxable income calculation. This amendment is particularly relevant in scenarios where livestock is sold due to adverse conditions, such as drought or flood, under the declaration of a state of disaster by the Governor. The intent behind this exclusion is to provide some financial relief to farmers and livestock owners who face such involuntary circumstances, allowing them to reinvest the proceeds from these sales into purchasing replacement livestock within five years of the event.

Contention

While the bill provides a clear benefit to affected farmers, potential points of contention may arise from how the definitions and eligibility criteria are interpreted, as well as discussions around the broader implications of excluding such income from taxation. Critics may argue that the exemption could lead to abuse or exploitation of the provision if not managed correctly. Additionally, there could be debates surrounding the adequacy of the declared state of emergencies and whether enough support is offered to those in need or if stricter regulations are warranted to govern the tax-exempt status granted through this bill.