Stricken language would be deleted from and underlined language would be added to present law.
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 49 3
4
By: Senator J. Boyd 5
By: Representative L. Johnson 6
7
For An Act To Be Entitled 8
AN ACT TO AMEND THE LAW CONCERNING THE SALES AND USE 9
TAX APPLICABLE TO PURCHASES OF NEW OR USED MOTOR 10
VEHICLES, TRAILERS, SEMITRAILERS, AND MOTORBOATS; TO 11
AMEND THE LAW CONCERNING THE COLLECTION OF SALES AND 12
USE TAX ON MOTOR VEHICLES, TRAILERS, SEMITRAILERS, 13
AND MOTORBOATS; TO SUBJECT CERTAIN USED MOTORBOATS TO 14
A SPECIAL RATE OF TAX; AND FOR OTHER PURPOSES. 15
16
17
Subtitle 18
TO AMEND THE LAW CONCERNING THE SALES 19
AND USE TAX APPLICABLE TO PURCHASES OF 20
NEW OR USED MOTOR VEHICLES, TRAILERS, 21
SEMITRAILERS, AND MOTORBOATS; AND TO 22
SUBJECT CERTAIN USED MOTORBOATS TO A 23
SPECIAL RATE OF TAX. 24
25
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 26
27
SECTION 1. Arkansas Code § 26 -52-324 is amended to read as follows: 28
26-52-324. Special tax rate for certain used motor vehicles, 29
motorboats, trailers, and semitrailers. 30
(a) In lieu of the gross receipts or gross proceeds taxes levied under 31
§§ 26-52-301 and 26-52-302, there is levied an excise tax on the gross 32
receipts or gross proceeds derived from the sale of a used motor vehicle, 33
trailer, or semitrailer that has a sales price of at least four thousand 34
dollars ($4,000) but less than ten thousand dollars ($10,000) the following 35
at the rate of two and eight hundred seventy -five thousandths percent 36 SB49
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(2.875%): 1
(1) A used motor vehicle that has a sales price of at least ten 2
thousand dollars ($10,000) but less than fifteen thousand dollars ($15,000); 3
and 4
(2) A used motorboat, trailer, or semitrailer that has a sales 5
price of at least four thousand dollars ($4,000) but less than ten thousand 6
dollars ($10,000). 7
(b) The tax levied in this section shall be in addition to: 8
(1) Any gross receipts or gross proceeds tax levied in the 9
Arkansas Constitution; 10
(2) Any gross receipts or gross proceeds tax levied by a 11
municipality or county; and 12
(3) Any additional gross receipts or gross proceeds tax levied 13
in an Arkansas city and resulting from an election within that city conducted 14
in accordance with §§ 26 -52-601 — 26-52-606. 15
(c) For the purpose of determining whether the tax levied by this 16
section applies to the sale of a used motor vehicle, motorboat, trailer, or 17
semitrailer, the sales price for the used motor vehicle, motorboat, trailer, 18
or semitrailer shall not be reduced by: 19
(1) The value of a motor vehicle, motorboat, trailer or 20
semitrailer traded in as part payment on the purchase price of the newly 21
acquired motor vehicle, motorboat, trailer, or semitrailer; or 22
(2) The amount received by the purchaser for the sale of another 23
motor vehicle, motorboat, trailer, or semitrailer. 24
(d) The revenues generated by the tax levied under this section shall 25
be distributed as follows: 26
(1) Seventy-six and six-tenths percent (76.6%) of the taxes, 27
interest, penalties, and costs received by the Secretary of the Department of 28
Finance and Administration under this section shall be deposited as general 29
revenues; 30
(2) Eight and five-tenths percent (8.5%) of the taxes, interest, 31
penalties, and costs received by the secretary under this section shall be 32
deposited into the Property Tax Relief Trust Fund; and 33
(3) Fourteen and nine -tenths percent (14.9%) of the taxes, 34
interest, penalties, and costs received by the secretary under this section 35
shall be deposited into the Educational Adequacy Fund. 36 SB49
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(e) The excise tax levied under this section shall be collected and 1
paid in the same manner and at the same time as is prescribed in : 2
(1) § 26-52-510 for the collection and payment of gross 3
receipts taxes on motor vehicles, trailers, and semitrailers ; and 4
(2) § 26-52-524 for the collection and payment of gross receipts 5
and taxes on motorboats . 6
(f) As used in this section, "motorboat" means the same as defined in 7
§ 27-101-103. 8
9
SECTION 2. Arkansas Code § 26 -52-510(b)(1)(B), concerning the direct 10
payment of sales tax by consumer -users on new and used motor vehicles, 11
trailers, or semitrailers, is amended to read as follows: 12
(B)(i)(a) If the total consideration for the sale of the 13
new or used motor vehicle, or the new or used trailer, or semitrailer is less 14
than four thousand dollars ($4,000), no tax is due. 15
(b) If the total consideration for the sale of 16
the used motor vehicle is less than ten thousand dollars ($10,000), no tax is 17
due. 18
(c) If the total consideration for the sale of 19
a new motor vehicle, trailer, or semitrailer is four thousand dollars 20
($4,000) or more, the full gross receipts tax rate levied under this chapter 21
shall be levied and collected. 22
(ii) If the total consideration for the sale of a 23
used motor vehicle, trailer, or semitrailer is at least four thousand dollars 24
($4,000) but less than ten thousand dollars ($10,000), the gross receipts tax 25
due shall be determined under § 26 -52-324. 26
(iii) If the total consideration for the sale of a 27
used motor vehicle, trailer, or semitrailer is ten thousand dollars ($10,000) 28
or more:, 29
(a) The exemption under subdivision 30
(b)(1)(B)(i)(a) of this section does not apply; 31
(b) The special tax rate provided in § 26 -52-32
324 does not apply; and 33
(c) The the full gross receipts tax rate 34
levied under this chapter shall be levied and collected. 35
(iv) If the total consideration for the sale of the 36 SB49
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used motor vehicle is at least ten thousand dollars ($10,000) but less than 1
fifteen thousand dollars ($15,000), the gross receipts tax due shall be 2
determined under §26 -52-324. 3
(v) If the total consideration for the sale of the 4
used motor vehicle is fifteen thousand dollars ($15,000) or more, the full 5
gross receipts tax rate levied under this chapter shall be levied and 6
collected. 7
8
SECTION 3. Arkansas Code Title 26, Chapter 52, Subchapter 5, is 9
amended to add an additional section to read as follows: 10
26-52-524. Direct payment of tax by consumer -user — New and used 11
motorboats — Definition. 12
(a) As used in this section, "motorboat" means the same as defined in 13
§ 27-101-103. 14
(b)(1) On or before the time for applying for a certificate of number 15
as prescribed by § 27 -101-304, a consumer shall pay to the Secretary of the 16
Department of Finance and Administration the tax levied by this chapter and 17
all other gross receipts taxes levied by the state with respect to the sale 18
of a new or used motorboat required to be numbered in this state, instead of 19
the taxes being collected by the dealer or seller. 20
(2) The secretary shall require the payment of the taxes at the 21
time of registration before issuing a certificate of number for the new or 22
used motorboat. 23
(3)(A) The taxes apply regardless of whether the motorboat is 24
sold by a motorboat dealer or an individual, corporation, or partnership not 25
licensed as a motorboat dealer. 26
(B) The exemption in § 26 -52-401(17) for isolated sales 27
does not apply to the sale of a motorboat. 28
(4) If the consumer fails to pay the taxes when due: 29
(A) There is assessed a penalty equal to ten percent (10%) 30
of the amount of taxes due; and 31
(B) The consumer shall pay to the secretary the penalty 32
under subdivision (b)(4)(A) of this section and the taxes due before the 33
secretary issues a certificate of number for the motorboat. 34
(c)(1)(A) Except as provided in this section, when a used motorboat is 35
taken in trade as a credit or part payment on the sale of a new or used 36 SB49
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motorboat, the tax levied by this chapter and all other gross receipts taxes 1
levied by the state shall be paid on the net difference between the total 2
consideration for the new or used motorboat sold and the credit for the used 3
motorboat taken in trade. 4
(B)(i)(a) If the total consideration for the sale of the 5
new or used motorboat is less than four thousand dollars ($4,000), no tax is 6
due. 7
(b) If the total consideration for the sale of 8
a new motorboat is four thousand dollars ($4,000) or more, the full gross 9
receipts tax rate levied under this chapter shall be levied and collected. 10
(ii) If the total consideration for the sale of a 11
used motorboat is at least four thousand dollars ($4,000) but less than ten 12
thousand dollars ($10,000), the gross receipts tax due shall be determined 13
under § 26-52-324. 14
(iii) If the total consideration for the sale of a 15
used motorboat is ten thousand dollars ($10,000) or more, the full gross 16
receipts tax rate levied under this chapter shall be levied and collected. 17
(C)(i) When a used motorboat is sold by a consumer, rather 18
than traded in as a credit or part payment on the sale of a new or used 19
motorboat, and the consumer subsequently purchases a new or used motorboat of 20
greater value within sixty (60) days of the sale, the tax levied by this 21
chapter and all other gross receipts taxes levied by the state shall be paid 22
on the net difference between the total consideration for the new or used 23
motorboat purchased subsequently and the amount received from the sale of the 24
used motorboat sold in lieu of a trade -in. 25
(ii)(a) Upon applying for a certificate of number 26
for the new or used motorboat, a consumer claiming the deduction provided by 27
subdivision (c)(1)(C)(i) of this section shall provide a bill of sale signed 28
by all parties to the transaction which reflects the total consideration paid 29
to the seller for the motorboat. 30
(b) A copy of the bill of sale shall be 31
deposited with the department at the time of applying for a certificate of 32
number for the new or used motorboat. 33
(c) The deduction provided by this section 34
shall not be allowed unless the taxpayer claiming the deduction provides a 35
copy of a bill of sale signed by all parties to the transaction which 36 SB49
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reflects the total consideration paid to the seller for the motorboat. 1
(iii) If the taxpayer claiming the deduction 2
provided in this section fails to provide a bill of sale signed by all 3
parties to the transaction that reflects the total consideration paid to the 4
seller for the motorboat, tax shall be due on the total consideration paid 5
for the new or used motorboat without any deduction for the value of the item 6
sold. 7
(2)(A)(i) When a motorboat dealer removes a motorboat from its 8
inventory and the motorboat is used by the dealership as a service motorboat, 9
the dealer shall obtain a certificate of number, register and obtain a 10
certificate of title, and pay sales tax on the listed retail price of the new 11
motorboat. 12
(ii)(a) When the motorboat dealer returns the 13
service motorboat to inventory as a used motorboat and replaces it with a new 14
motorboat for dealership use as a service motorboat, the dealer shall pay 15
sales tax on the difference between the listed retail price of the new 16
service motorboat to be used by the dealership and the value of the used 17
service motorboat being returned to inventory. 18
(b) The value of the used service motorboat 19
shall be the highest listed wholesale price reflected in the most current 20
edition of a publication that is generally accepted by the industry as 21
providing an accurate valuation of used motorboats. 22
(B)(i) As used in this subsection, “service motorboat” 23
means a motorboat driven exclusively by an employee of the dealership and 24
used either to transport dealership customers or dealership parts and 25
equipment. 26
(ii) “Service motorboat” does not include motorboats 27
that are rented by the dealership, used as demonstration motorboats, or used 28
by dealership employees for personal use. 29
(d) All parts and accessories purchased by motorboat sellers for 30
resale or used by motorboat sellers for the reconditioning or rebuilding of 31
used motorboats intended for resale are exempt from gross receipts tax, 32
provided that the motorboat seller meets the requirements of § 26 -52-33
401(12)(A) and applicable rules promulgated by the secretary. 34
(e) This section does not repeal any exemption from this chapter. 35
(f) A credit is not allowed for sales or use taxes paid to another 36 SB49
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state with respect to the purchase of a motorboat that first obtained a 1
certificate of number or title by the purchaser in Arkansas. 2
(g)(1)(A) A motorboat dealer with a permit under § 27 -101-302(5) who 3
has purchased a used motorboat upon payment of all applicable fees may apply 4
for a certificate of number for the motorboat for the sole purpose of 5
obtaining a certificate of title to the motorboat without payment of gross 6
receipts tax, except as provided in subdivision (g)(1)(B) of this section. 7
(B)(i) The sale of a motorboat from the original franchise 8
dealer to any other dealer, person, corporation, or other entity other than a 9
franchise dealer of the same make of motorboat and which sale is reflected on 10
the statement of origin shall be subject to gross receipts tax. 11
(ii) The motorboat shall be considered a used 12
motorboat that shall have a registered certificate of number and be titled, 13
and tax shall be paid at the time of application for a certificate of number. 14
(iii) Subdivision (g)(1)(A) of this section does not 15
apply in the circumstances described in subdivisions (g)(1)(B)(i) and (ii). 16
(2) If a certificate of number is issued for a motorboat under § 17
27-101-302(5)(C), the used motorboat titled by a dealer under this subsection 18
shall not be operated on the waters of this state unless there is displayed 19
on the used motorboat the identifying certificate of number issued under § 20
27-101-302(5)(C). 21
(h)(1) For purposes of this section, the total consideration for a 22
used motorboat shall be presumed to be the greater of the actual sales price 23
as provided on the bill of sale, invoice or financing agreement, or the 24
average loan value price of the motorboat as listed in the most current 25
edition of a publication that is generally accepted by the industry as 26
providing an accurate valuation of used motorboats. 27
(2) If the published loan value exceeds the invoiced price, the 28
taxpayer shall establish to the secretary's satisfaction that the price 29
reflected on the invoice or other document is true and correct. 30
(3) If the secretary determines that the invoiced price is not 31
the actual selling price of the motorboat, the total consideration will be 32
deemed to be the published loan value. 33
34
SECTION 4. Arkansas Code § 26 -53-126(b)(2), concerning the 35
compensating use tax on new and used motor vehicles, trailers, or 36 SB49
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semitrailers, is amended to read as follows: 1
(2)(A)(i) If the total consideration for the sale of the new or 2
used motor vehicle, or the new or used trailer, or semitrailer is less than 3
four thousand dollars ($4,000), no tax is due. 4
(ii) If the total consideration for the sale of the 5
used motor vehicle is less than ten thousand dollars ($10,000), no tax is 6
due. 7
(iii) If the total consideration for the sale of a 8
new motor vehicle, trailer, or semitrailer is four thousand dollars ($4,000) 9
or more, the full compensating use tax rate levied under this chapter shall 10
be levied and collected. 11
(B) If the total consideration for the sale of a used 12
motor vehicle, trailer, or semitrailer is at least four thousand dollars 13
($4,000) but less than ten thousand dollars ($10,000), the compensating use 14
tax due shall be determined under § 26 -53-150. 15
(C) If the total consideration for the sale of a used 16
motor vehicle, trailer, or semitrailer is ten thousand dollars ($10,000) or 17
more:, 18
(i) The exemption under subdivision (b)(2)(A)(i) of 19
this section does not apply; 20
(ii) The special tax rate provided in § 26 -53-150 21
does not apply; and 22
(iii) The the full compensating use tax rate levied 23
under this chapter shall be levied and collected. 24
(D) If the total consideration for the sale of the used 25
motor vehicle is at least ten thousand dollars ($10,000) but less than 26
fifteen thousand dollars ($15,000), the compensating use tax due shall be 27
determined under § 26 -53-150. 28
(E) If the total consideration for the sale of the used 29
motor vehicle is fifteen thousand dollars ($15,000) or more, the full 30
compensating use tax rate levied under this chapter shall be levied and 31
collected. 32
33
SECTION 5. Arkansas Code § 26 -53-150 is amended to read as follows: 34
26-53-150. Special tax rate for certain used motor vehicles, 35
motorboats, trailers, and semitrailers. 36 SB49
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(a)(1) In lieu of the compensating use taxes levied under §§ 26 -53-106 1
and 26-53-107, there is levied an excise tax for the privilege of storing, 2
using, distributing, or consuming a used motor vehicle, motorboat, trailer, 3
or semitrailer within this state if the sales price of the used motor 4
vehicle, trailer, or semitrailer is: 5
(A) For a used motor vehicle, at least ten thousand 6
dollars ($10,000) but less than fifteen thousand dollars ($15,000); and 7
(B) For a used motorboat, trailer, or semitrailer, at 8
least four thousand dollars ($4,000) but less than ten thousand dollars 9
($10,000). 10
(2) The excise tax levied under subdivision (a)(1) of this 11
section is levied at the rate of two and eight hundred seventy -five 12
thousandths percent (2.875%) of the sales price of the used motor vehicle, 13
motorboat, trailer, or semitrailer. 14
(b) The tax levied in this section shall be in addition to: 15
(1) Any compensating use tax levied in the Arkansas 16
Constitution; 17
(2) Any compensating use tax levied by a municipality or county; 18
and 19
(3) Any additional compensating use tax levied in an Arkansas 20
city under § 26-52-607. 21
(c) For the purpose of determining whether the tax levied by this 22
section applies to the sale of a used motor vehicle, motorboat, trailer, or 23
semitrailer, the sales price for the used motor vehicle, motorboat trailer, 24
or semitrailer shall not be reduced by: 25
(1) The value of a motor vehicle, motorboat, trailer, or 26
semitrailer traded in as part payment on the purchase price of the newly 27
acquired motor vehicle, motorboat, trailer, or semitrailer; or 28
(2) The amount received by the purchaser for the sale of another 29
motor vehicle, motorboat, trailer, or semitrailer. 30
(d) The revenues generated by the tax levied under this section shall 31
be distributed as follows: 32
(1) Seventy-six and six-tenths percent (76.6%) of the taxes, 33
interest, penalties, and costs received by the Secretary of the Department of 34
Finance and Administration under this section shall be deposited as general 35
revenues; 36 SB49
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(2) Eight and five-tenths percent (8.5%) of the taxes, interest, 1
penalties, and costs received by the secretary under this section shall be 2
deposited into the Property Tax Relief Trust Fund; and 3
(3) Fourteen and nine -tenths percent (14.9%) of the taxes, 4
interest, penalties, and costs received by the secretary under this section 5
shall be deposited into the Educational Adequacy Fund. 6
(e) The excise tax levied under this section shall be collected and 7
paid in the same manner and at the same time as is prescribed in § 26 -53-126 8
for the collection and payment of compensating use taxes on motor vehicles, 9
motorboat, trailers, and semitrailers. 10
(f) As used in this section, "motorboat" means the same as defined in 11
§ 27-101-103. 12
13
SECTION 6. Arkansas Code Title 26, Chapter 53, Subchapter 1, is 14
amended to add an additional section to read as follows: 15
26-53-151. Tax on new and used motorboats — Payment and collection — 16
Definition. 17
(a) As used in this section, "motorboat" means the same as defined in 18
§ 27-101-103. 19
(b)(1) Upon applying for a certificate of number in this state, a new 20
or used motorboat required to be registered with a certificate of number in 21
this state is subject to the tax levied in this subchapter and all other use 22
taxes levied by the state regardless of whether the motorboat was purchased 23
from a dealer or an individual. 24
(2)(A) On or before the time for applying for a certificate of 25
number as prescribed by § 27 -101-304, the person making application for a 26
certificate of number for the motorboat shall pay the taxes to the Secretary 27
of the Department of Finance and Administration instead of the taxes being 28
collected by the dealer or individual seller. 29
(B) The secretary shall collect the taxes before issuing a 30
certificate of number for the motorboat. 31
(3) The exemption in § 26 -52-401(17) for isolated sales does not 32
apply to the sale of a motorboat. 33
(4) If the person making application for a certificate of number 34
for a motorboat fails to pay the taxes when due: 35
(A) There is assessed a penalty equal to ten percent (10%) 36 SB49
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of the amount of taxes due; and 1
(B) The person making application for a certificate of 2
number for a motorboat shall pay to the secretary the penalty under 3
subdivision (b)(4)(A) of this section and the taxes due before the secretary 4
issues a certificate of number for the motorboat. 5
(c)(1) When a used motorboat is taken in trade as a credit or part 6
payment on the sale of a new or used motorboat, the tax levied in this 7
subchapter and all other use taxes levied by the state shall be paid on the 8
net difference between the total consideration for the new or used motorboat 9
sold and the credit for the used motorboat taken in trade. 10
(2)(A)(i) If the total consideration for the sale of the new or 11
used motorboat is less than four thousand dollars ($4,000), no tax is due. 12
(ii) If the total consideration for the sale of a 13
new motorboat is four thousand dollars ($4,000) or more, the full 14
compensating use tax rate levied under this chapter shall be levied and 15
collected. 16
(B) If the total consideration for the sale of a used 17
motorboat is at least four thousand dollars ($4,000) but less than ten 18
thousand dollars ($10,000), the compensating use tax due shall be determined 19
under § 26-53-150. 20
(C) If the total consideration for the sale of a used 21
motorboat is ten thousand dollars ($10,000) or more: 22
(i) The exemption under subdivision (c)(2)(A)(i) of 23
this section does not apply; 24
(ii) The special tax rate provided in § 26 -53-150 25
does not apply; and 26
(iii) The full compensating use tax rate levied 27
under this chapter shall be levied and collected. 28
(3)(A) When a used motorboat is sold by a consumer, rather than 29
traded in as a credit or part payment on the sale of a new or used motorboat, 30
and the consumer subsequently purchases a new or used motorboat of greater 31
value within sixty (60) days of the sale, the tax levied by this chapter and 32
all other gross receipts taxes levied by the state shall be paid on the net 33
difference between the total consideration for the new or used motorboat 34
purchased subsequently and the amount received from the sale of the used 35
motorboat sold in lieu of a trade -in. 36 SB49
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(B)(i) Upon applying for a certificate of number for the 1
new or used motorboat, a consumer claiming the deduction provided by 2
subdivision (c)(3)(A) of this section shall provide a bill of sale signed by 3
all parties to the transaction which reflects the total consideration paid to 4
the seller for the motorboat. 5
(ii) A copy of the bill of sale shall be deposited 6
with the department at the time of registration of the new or used motorboat. 7
(iii) The deduction provided by this subdivision 8
(c)(3) shall not be allowed unless the taxpayer claiming the deduction 9
provides a copy of a bill of sale signed by all parties to the transaction 10
that reflects the total consideration paid to the seller for the motorboat. 11
(C) If the taxpayer claiming the deduction provided in 12
this subdivision (c)(3) fails to provide a bill of sale signed by all parties 13
to the transaction that reflects the total consideration paid to the seller 14
for the motorboat, tax shall be due on the total consideration paid for the 15
new or used motorboat without any deduction for the value of the item sold. 16
(d) The tax imposed by this subchapter does not apply to a motorboat 17
to be registered by a bona fide nonresident of this state. 18
(e) This section does not repeal any exemption from this subchapter. 19
(f)(1) Upon payment of all applicable fees, a motorboat dealer with a 20
permit under § 27-101-302(5) who has purchased a used motorboat may apply for 21
a certificate of number for the motorboat for the sole purpose of obtaining a 22
certificate of title to the vehicle without payment of use tax. 23
(2) If a certificate of number is issued for a motorboat under § 24
27-101-302(5)(C), the used motorboat titled by a dealer under this subsection 25
may not be operated on the waters of this state unless there is displayed on 26
the used motorboat the identifying certificate of number issued under § 27 -27
101-302(5)(C). 28
(g)(1) For purposes of this section, the total consideration for a 29
used motorboat shall be presumed to be the greater of the actual sales price 30
as provided on a bill of sale, invoice or financing agreement, or the average 31
loan value of the motorboat as listed in the most current edition of a 32
publication which is generally accepted by the industry as providing an 33
accurate valuation of used motorboats. 34
(2) If the published loan value exceeds the invoiced price, the 35
taxpayer shall establish to the secretary's satisfaction that the price 36 SB49
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reflected on the invoice or other document is true and correct. 1
(3) If the secretary determines that the invoiced price is not 2
the actual selling price of the motorboat, the total consideration shall be 3
deemed to be the published loan value. 4
5
SECTION 7. EFFECTIVE DATE. Sections 1 through 6 of this act are 6
effective on the first day of the calendar quarter following the effective 7
date of this act. 8
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