Arkansas 2025 2025 Regular Session

Arkansas House Bill HB1960 Draft / Bill

Filed 04/01/2025

                    Stricken language would be deleted from and underlined language would be added to present law. 
*JLL377* 	04/01/2025 2:39:54 PM JLL377 
State of Arkansas     1 
95th General Assembly A Bill     2 
Regular Session, 2025  	HOUSE BILL 1960 3 
 4 
By: Representative Wardlaw 5 
 6 
 7 
For An Act To Be Entitled 8 
AN ACT TO AMEND THE LAW CONCERNING THE APPLICATION OF 9 
CERTAIN TAXES TO LEASED MOTOR VEHICLES; TO AMEND THE 10 
LAW CONCERNING THE ASSESSMENT AND PAYMENT OF PERSONAL 11 
PROPERTY TAXES ON CERTAIN LEASED MOTOR VEHICLES; TO 12 
PROVIDE THAT THE LESSEE OF A LEASED MOTOR VEHICLE IS 13 
THE OWNER OF THE LEASED MOTOR VEHICLE FOR PURPOSES OF 14 
THE ASSESSMENT AND PAYMENT OF PROPERTY TAXES; TO 15 
AMEND THE LAW CONCERNING THE MAXIMUM TAX LIMITATION 16 
ON THE LEVY OF LOCAL SALES AND USE TAXES ON SALES OF 17 
CERTAIN TANGIBLE PERSONAL PROPERTY; AND FOR OTHER 18 
PURPOSES. 19 
 20 
 21 
Subtitle 22 
TO PROVIDE THAT THE LESSEE OF A LEASED 23 
MOTOR VEHICLE IS THE OWNER FOR PURPOSES 24 
OF THE ASSESSMENT AND PAYMENT OF 25 
PROPERTY TAXES; AND TO AMEND THE LAW 26 
CONCERNING LOCAL SALES AND USE TAXES ON 27 
CERTAIN TANGIBLE PERSONAL PROPERTY. 28 
 29 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 30 
 31 
 SECTION 1.  Arkansas Code § 26 -26-706, concerning lists of motor 32 
vehicle licenses for the purpose of property tax assessment, is amended to 33 
add an additional subsection to read as follows: 34 
 (c)  As used in this section, "vehicle owner" means, for purposes of a 35 
motor vehicle that is leased pursuant to a contract providing for the use of 36    	HB1960 
 
 	2 	04/01/2025 2:39:54 PM JLL377 
the motor vehicle by the lessee for a period of more than thirty (30) days	, 1 
the lessee of the motor vehicle. 2 
 3 
 SECTION 2.  Arkansas Code § 26 -26-903, concerning the requirement that 4 
the owner of property list the property for assessment, is amended to add an 5 
additional subsection to read as follows: 6 
 (c)  As used in this section, "owner" means, for purposes of a motor 7 
vehicle that is leased pursuant to a contract providing for the use of the 8 
motor vehicle by the lessee for a period of more than thirty (30) days	, the 9 
lessee of the motor vehicle. 10 
 11 
 SECTION 3.  Arkansas Code § 26 -26-1408(a)(1), concerning the time for 12 
the assessment and payment of personal property taxes, is amended to read as 13 
follows: 14 
 (a)(1)(A) A taxpayer shall annually assess his or her tangible 15 
personal property for ad valorem taxes during the period from January 1 16 
through May 31. 17 
 (B)  A taxpayer's tangible personal property includes a 18 
motor vehicle that is leased pursuant to a contract providing for the use of 19 
the motor vehicle by the taxpayer as the lessee for a period of more than 20 
thirty (30) days. 21 
 22 
 SECTION 4.  Arkansas Code § 27 -14-1015(a), concerning the payment of 23 
personal property taxes and the listing for assessment required for motor 24 
vehicles, is amended to read as follows: 25 
 (a)(1) The owner of every vehicle subject to registration in Arkansas 26 
shall assess the vehicle with the county tax assessor in the county where 27 
required by law and within the time required by law. 28 
 (2)  As used in this section, "owner" means, for purposes of a 29 
vehicle that is leased pursuant to a contract providing for the use of the 30 
vehicle by the lessee for a period of more than thirty (30) days , the lessee 31 
of the vehicle. 32 
 33 
 SECTION 5.  Arkansas Code § 26 -73-301(a), concerning the limitation on 34 
the levy of a local sales or use tax, is amended to read as follows: 35 
 (a)(1) Any municipal or county sales or use tax levied pursuant to the 36    	HB1960 
 
 	3 	04/01/2025 2:39:54 PM JLL377 
laws of this state shall be levied and collected only on the first two 1 
thousand five hundred dollars ($2,500) of gross receipts, gross proceeds, or 2 
sales price on the sale of a: 3 
 (1)(A) Motor vehicle; 4 
 (2)(B) Aircraft; 5 
 (3)(C) Watercraft; 6 
 (4)(D) Modular home; 7 
 (5)(E) Manufactured home; and 8 
 (6)(F) Mobile home. 9 
 (2)  If a sale or lease subject to subdivision (a)(1) of this 10 
section involves periodic payments, the applicable sales and use tax shall 11 
be: 12 
 (A)  For the purpose of determining the application of the 13 
limitation provided under subdivision (a)(1) of this section, applied to the 14 
aggregate amount of all periodic payments due on the sale or lease; and 15 
 (B)  Collected: 16 
 (i)  On the first periodic payment due on the sale or 17 
lease; or 18 
 (ii)  Evenly distributed and collected on each 19 
separate periodic payment due on the sale or lease. 20 
 21 
 SECTION 6.  Arkansas Code § 26 -74-220(a), concerning the maximum tax 22 
limitation on the levy of a county sales and use tax for capital 23 
improvements, is amended to add an additional subdivision to read as follows: 24 
 (3)  If a sale or lease subject to subdivision (a)(1) of this 25 
section involves periodic payments, the applicable sales and use tax shall 26 
be: 27 
 (A)  For the purpose of determining the application of the 28 
limitation provided under subdivision (a)(1) of this section, applied to the 29 
aggregate amount of all periodic payments due on the sale or lease; and 30 
 (B)  Collected: 31 
 (i)  On the first periodic payment due on the sale or 32 
lease; or 33 
 (ii)  Evenly distributed and collected on each 34 
separate periodic payment due on the sale or lease. 35 
 36    	HB1960 
 
 	4 	04/01/2025 2:39:54 PM JLL377 
 SECTION 7.  Arkansas Code § 26 -74-320(a), concerning the maximum tax 1 
limitation on the levy of a county sales tax for capital improvements, is 2 
amended to add an additional subdivision to read as follows: 3 
 (3)  If a sale or lease subject to subdivision (a)(1) of this 4 
section involves periodic payments, the applicable sales and use tax shall 5 
be: 6 
 (A)  For the purpose of determining the application of the 7 
limitation provided under subdivision (a)(1) of this section, applied to the 8 
aggregate amount of all periodic payments due on the sale or lease; and 9 
 (B)  Collected: 10 
 (i)  On the first periodic payment due on the sale or 11 
lease; or 12 
 (ii)  Evenly distributed and collected on each 13 
separate periodic payment due on the sale or lease. 14 
 15 
 SECTION 8.  Arkansas Code § 26 -74-412(a)(1), concerning the maximum tax 16 
limitation on the levy of a county sales and use tax for counties without an 17 
existing tax, is amended to add an additional subdivision to read as follows: 18 
 (C)  If a sale or lease subject to subdivision (a)(1)(A) of 19 
this section involves periodic payments, the applicable sales and use tax 20 
shall be: 21 
 (i)  For the purpose of determining the application 22 
of the limitation provided under subdivision (a)(1)(A) of this section, 23 
applied to the aggregate amount of all periodic payments due on the sale or 24 
lease; and 25 
 (ii)  Collected: 26 
 (a)  On the first periodic payment due on the 27 
sale or lease; or 28 
 (b)  Evenly distributed and collected on each 29 
separate periodic payment due on the sale or lease. 30 
 31 
 SECTION 9.  Arkansas Code § 26 -74-612(a), concerning the maximum tax 32 
limitation on the levy of a county sales and use tax for capital 33 
improvements, is amended to add an additional subdivision to read as follows: 34 
 (3)  If a sale or lease subject to subdivision (a)(1) of this 35 
section involves periodic payments, the applicable sales and use tax shall 36    	HB1960 
 
 	5 	04/01/2025 2:39:54 PM JLL377 
be: 1 
 (A)  For the purpose of determining the application of the 2 
limitation provided under subdivision (a)(1) of this section, applied to the 3 
aggregate amount of all periodic payments due on the sale or lease; and 4 
 (B)  Collected: 5 
 (i)  On the first periodic payment due on the sale or 6 
lease; or 7 
 (ii)  Evenly distributed and collected on each 8 
separate periodic payment due on the sale or lease. 9 
 10 
 SECTION 10.  Arkansas Code § 26 -75-222(a), concerning the maximum tax 11 
limitation on the levy of a municipal sales and use tax for capital 12 
improvements, is amended to add an additional subdivision to read as follows: 13 
 (3)  If a sale or lease subject to subdivision (a)(1) of this 14 
section involves periodic payments, the applicable sales and use tax shall 15 
be: 16 
 (A)  For the purpose of determining the application of the 17 
limitation provided under subdivision (a)(1) of this section, applied to the 18 
aggregate amount of all periodic payments due on the sale or lease; and 19 
 (B)  Collected: 20 
 (i)  On the first periodic payment due on the sale or 21 
lease; or 22 
 (ii)  Evenly distributed and collected on each 23 
separate periodic payment due on the sale or lease. 24 
 25 
 SECTION 11.  Arkansas Code § 26 -75-319(a), concerning the maximum tax 26 
limitation on the levy of a municipal sales tax for capital improvements, is 27 
amended to add an additional subdivision to read as follows: 28 
 (3)  If a sale or lease subject to subdivision (a)(1) of this 29 
section involves periodic payments, the applicable sales and use tax shall 30 
be: 31 
 (A)  For the purpose of determining the application of the 32 
limitation provided under subdivision (a)(1) of this section, applied to the 33 
aggregate amount of all periodic payments due on the sale or lease; and 34 
 (B)  Collected: 35 
 (i)  On the first periodic payment due on the sale or 36    	HB1960 
 
 	6 	04/01/2025 2:39:54 PM JLL377 
lease; or 1 
 (ii)  Evenly distributed and collected on each 2 
separate periodic payment due on the sale or lease. 3 
 4 
 SECTION 12.  Arkansas Code § 26 -81-104(a)(2), concerning the amount of 5 
the tax levied under the Multicounty Airport and Riverport Financing Act, is 6 
amended to read as follows: 7 
 (2)(A)  Any tax levied pursuant to this chapter shall be levied 8 
and collected only on the first two thousand five hundred dollars ($2,500) of 9 
gross receipts, gross proceeds, or sales price from the sale of a: 10 
 (i)  Motor vehicle; 11 
 (ii)  Aircraft; 12 
 (iii)  Watercraft; 13 
 (iv)  Modular home; 14 
 (v)  Manufactured home; or 15 
 (vi)  Mobile home. 16 
 (B)  A vendor shall be responsible for collecting and 17 
remitting the tax only on the first two thousand five hundred dollars 18 
($2,500) of gross receipts, gross proceeds, or sales price from the sale of 19 
a: 20 
 (i)  Motor vehicle; 21 
 (ii)  Aircraft; 22 
 (iii)  Watercraft; 23 
 (iv)  Modular home; 24 
 (v)  Manufactured home; or 25 
 (vi)  Mobile home. 26 
 (C)  If a sale or lease subject to subdivision (a)(2)(A) of 27 
this section involves periodic payments, the applicable sales and use tax 28 
shall be: 29 
 (i)  For the purpose of determining the application 30 
of the limitation provided under subdivision (a)(2)(A) of this section, 31 
applied to the aggregate amount of all periodic payments due on the sale or 32 
lease; and 33 
 (ii)  Collected: 34 
 (a)  On the first periodic payment due on the 35 
sale or lease; or 36    	HB1960 
 
 	7 	04/01/2025 2:39:54 PM JLL377 
 (b)  Evenly distributed and collected on each 1 
separate periodic payment due on the sale or lease. 2 
 (D) A vendor collecting, reporting, and remitting the 3 
county sales or use taxes shall show county taxes as a separate entry on the 4 
tax report form. 5 
 6 
 SECTION 13.  Arkansas Code § 26 -82-115(a), concerning the maximum tax 7 
limitation on the levy of a sales and use tax under the Local Sales and Use 8 
Tax Economic Development Project Funding Act, is amended to read as follows: 9 
 (a)(1) A sales and use tax levied under this chapter shall be levied 10 
and collected only on the first two thousand five hundred dollars ($2,500) of 11 
gross receipts, gross proceeds, or sales price on the sale of: 12 
 (1)(A) Motor vehicles; 13 
 (2)(B) Aircraft; 14 
 (3)(C) Watercraft; 15 
 (4)(D) Modular homes; 16 
 (5)(E) Manufactured homes; or 17 
 (6)(F) Mobile homes. 18 
 (2)  If a sale or lease subject to subdivision (a)(1) of this 19 
section involves periodic payments, the applicable sales and use tax shall 20 
be: 21 
 (A)  For the purpose of determining the application of the 22 
limitation provided under subdivision (a)(1) of this section, applied to the 23 
aggregate amount of all periodic payments due on the sale or lease; and 24 
 (B)  Collected: 25 
 (i)  On the first periodic payment due on the sale or 26 
lease; or 27 
 (ii)  Evenly distributed and collected on each 28 
separate periodic payment due on the sale or lease. 29 
 30 
 SECTION 14.  DO NOT CODIFY.  Effective dates.   31 
 (a)  Sections 1-4 of this act are effective for assessment years 32 
beginning on or after January 1, 2025. 33 
 (b)  Sections 5-13 of this act are effective on the first day of the 34 
calendar quarter following the effective date of this act. 35 
 36