Arkansas 2023 Regular Session

Arkansas Senate Bill SB39 Latest Draft

Bill / Draft Version Filed 01/09/2023

                            Stricken language would be deleted from and underlined language would be added to present law. 
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State of Arkansas    1 
94th General Assembly A Bill     2 
Regular Session, 2023  	SENATE BILL 39 3 
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By: Senator J. Boyd 5 
By: Representatives L. Johnson, Crawford, Gramlich 6 
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For An Act To Be Entitled 8 
AN ACT TO AMEND THE GROSS RECEIPTS TAX L AWS; TO 9 
REQUIRE THE GROSS RE CEIPTS TAX DUE ON TH E RETAIL 10 
PURCHASE OF A NEW OR USED MOTORBOAT TO BE REMITTED BY 11 
THE BUYER DIRECTLY T O THE DEPARTMENT OF FINANCE AND 12 
ADMINISTRATION; AND FOR OTHER PURPOSES. 13 
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Subtitle 16 
TO REQUIRE THE GROSS RECEIPTS TAX DUE ON 17 
THE RETAIL PURCHASE OF A NEW OR USED 18 
MOTORBOAT TO BE REMITTED BY THE BUYER 19 
DIRECTLY TO THE DEPARTMENT OF FINANCE AND 20 
ADMINISTRATION. 21 
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24 
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 SECTION 1.  Arkansas Code Title 26, Chapter 52, Subchapter 5, is 26 
amended to add an additional section to read as follows: 27 
 26-52-524.  Direct payment of tax by buyer — New and used motorboats 28 
sold at retail. 29 
 (a)  As used in this subdivision: 30 
 (1)  "Motorboat" means the same as defined under § 27 -101-103(5); 31 
and 32 
 (2)  "Seller" means a motorboat dealer and not an individual. 33 
 (b)  The consumer shall pay to the Secretary of the Department of 34 
Finance and Administration the tax levied by this chapter and all other g	ross 35 
receipts taxes levied by the state with respect to the sale of a new or used 36     	SB39 
 
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motorboat required to be registered in this state under § 27 -101-304, instead 1 
of the taxes being collected by the seller. 2 
 (c)(1)  The consumer shall remit the gross receipt s tax at or before 3 
the time of registration required under § 27 -101-304.  4 
 (2)  If the consumer fails to pay the taxes when due: 5 
 (A)  There is assessed a penalty equal to ten percent (10%) 6 
of the amount of taxes due; and 7 
 (B)  The buyer shall pay to the secretary the penalty under 8 
subdivision (c)(2)(A) of this section and the taxes due before the secretary 9 
issues completes the registration of the motorboat.  10 
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 SECTION 2.  Section 1 of this act is effective on the first day of t he 12 
calendar quarter following the effective date of this act. 13 
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