Stricken language would be deleted from and underlined language would be added to present law.
Act 718 of the Regular Session
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State of Arkansas 1
95th General Assembly A Bill 2
Regular Session, 2025 SENATE BILL 495 3
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By: Senator J. Bryant 5
By: Representative Eaton 6
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For An Act To Be Entitled 8
AN ACT TO AMEND DEFINITIONS USED UNDER THE ARKANSAS 9
TOBACCO PRODUCTS TAX ACT OF 1977; TO AMEND THE 10
DEFINITION OF "INVOICE" AND THE DEFINITION OF 11
"INVOICE PRICE" USED UNDER THE ARKANSAS TOBACCO 12
PRODUCTS TAX ACT OF 1977; AND FOR OTHER PURPOSES. 13
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15
Subtitle 16
TO AMEND DEFINITIONS USED UNDER THE 17
ARKANSAS TOBACCO PRODUCTS TAX ACT OF 18
1977; AND TO AMEND THE DEFINITION OF 19
"INVOICE" AND THE DEFINITION OF "INVOICE 20
PRICE" USED UNDER THE ARKANSAS TOBACCO 21
PRODUCTS TAX ACT OF 1977. 22
23
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 24
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SECTION 1. Arkansas Code § 26-57-203(15) and (16), concerning the 26
definitions to be used under the Arkansas Tobacco Products Tax Act of 1977, 27
are amended to read as follows: 28
(15) “Invoice” means documentation that is: 29
(A) Made contemporaneously with a sale or purchase of 30
tobacco products, vapor products, alternative nicotine products, or e -liquid 31
products; and 32
(B) Sufficient to show an itemized list of the specific 33
merchandise or inventory shipped, purchased, or sold, including without 34
limitation the quantity and prices charged; and 35
(C) Sufficient to identify the parties to the transaction, 36 SB495
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including without limitation: 1
(i) The physical address of the permitted wholesaler 2
or the permitted manufacturer selling the tobacco products, vapor products, 3
alternative nicotine products, or e -liquid products; 4
(ii) The permit number of the permitted wholesaler 5
or the permitted manufacturer selling the tobacco products, vapor products, 6
alternative nicotine products, or e -liquid products; 7
(iii) The physical address of the permitted retailer 8
or wholesaler purchasing the tobacco products, vapor products, alternative 9
nicotine products, or e -liquid products; and 10
(iv) The permit number of the permitted retailer or 11
wholesaler purchasing the tobacco products, vapor products, alternative 12
nicotine products, or e -liquid products; 13
(16)(A) “Invoice price” means the price that a wholesaler or 14
retailer of tobacco products, vapor products, alternative nicotine products, 15
or e-liquid products pays to a manufacturer, importer, distributor, or any 16
other seller to acquire tobacco products, vapor products, alternative 17
nicotine products, or e -liquid products that the purchaser subsequently sells 18
in the state. 19
(B) In the absence of proof by the person possessing the 20
tobacco products, vapor products, alternative nicotine products, or e -liquid 21
products of the price at which the tobacco products, vapor products, 22
alternative nicotine products, or e -liquid products were purchased, “invoice 23
price” shall be the highest price, in the normal course of business and 24
before any discount, at which : the 25
(i) The manufacturer of the tobacco products, vapor 26
products, alternative nicotine products, or e -liquid products sells the 27
tobacco products, vapor products, alternative nicotine products, or e -liquid 28
products in question; or 29
(ii) In the absence of the information required 30
under subdivision (16)(B)(i) of this section, a similar wholesaler or 31
retailer that sells the same or comparable tobacco products, vapor products, 32
alternative nicotine products, or e -liquid products sells the same or 33
comparable tobacco products, vapor products, alternative nicotine products, 34
or e-liquid products. 35
APPROVED: 4/16/25 36