Stricken language would be deleted from and underlined language would be added to present law. Act 1013 of the Regular Session *JLL377* 04-09-2025 18:26:21 JLL377 State of Arkansas As Engrossed: S4/9/25 1 95th General Assembly A Bill 2 Regular Session, 2025 HOUSE BILL 1960 3 4 By: Representative Wardlaw 5 By: Senator Stone 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 As Engrossed: S4/9/25 HB1960 2 04-09-2025 18:26:21 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 As Engrossed: S4/9/25 HB1960 3 04-09-2025 18:26:21 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 As Engrossed: S4/9/25 HB1960 4 04-09-2025 18:26:21 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 As Engrossed: S4/9/25 HB1960 5 04-09-2025 18:26:21 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 As Engrossed: S4/9/25 HB1960 6 04-09-2025 18:26:21 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 As Engrossed: S4/9/25 HB1960 7 04-09-2025 18:26:21 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 As Engrossed: S4/9/25 HB1960 8 04-09-2025 18:26:21 JLL377 /s/Wardlaw 1 2 3 APPROVED: 4/22/25 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36