Stricken language would be deleted from and underlined language would be added to present law. *JLL317* 03/18/2025 1:18:20 PM JLL317 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 SENATE BILL 503 3 4 By: Senator Crowell 5 By: Representative Eaton 6 7 For An Act To Be Entitled 8 AN ACT TO AMEND THE ARKANSAS INCOME TAX WITHHOLDING 9 ACT OF 1965; TO REDUCE THE NUMBER OF EMPLOYEES AN 10 EMPLOYER MUST HAVE TO BE MANDATED TO FILE AN ANNUAL 11 WITHHOLDING STATEMENT ELECTRONICALLY; TO REQUIRE THE 12 ELECTRONIC FILING OF A WITHHOLDING RETURN FOR CERTAIN 13 EMPLOYERS; AND FOR OTHER PURPOSES. 14 15 16 Subtitle 17 TO REDUCE THE NUMBER OF EMPLOYEES AN 18 EMPLOYER MUST HAVE TO BE MANDATED TO 19 FILE AN ANNUAL INCOME TAX WITHHOLDING 20 STATEMENT ELECTRONICALLY; AND TO REQUIRE 21 THE ELECTRONIC FILING OF A WITHHOLDING 22 RETURN FOR CERTAIN EMPLOYERS. 23 24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25 26 SECTION 1. Arkansas Code § 26 -51-908, concerning an employer's 27 withholding return and payment of withheld taxes, is amended to add an 28 additional subsection to read as follows: 29 (i)(1) An employer that is required to file the annual statement of 30 withholding under § 26 -51-909(b) electronically shall file the withholding 31 return required under this section electronically. 32 (2) A company or other business enterprise that provides the 33 service of reporting and remitting withholding tax on the wages paid to 34 Arkansas employees by another employer for a withholding tax reporting period 35 shall file the withholding return required under this section with the 36 SB503 2 03/18/2025 1:18:20 PM JLL317 secretary electronically if the other employer is required to file the annual 1 statement of withholding under § 26 -51-909(b) electronically. 2 (3) The secretary may waive the requirements of this subsection 3 if the secretary determines, on the basis of an application by an employer, 4 that filing the withholding return electronically would cause an undue 5 hardship on the employer. 6 7 SECTION 2. Arkansas Code § 26 -51-909(b)(2)(B), concerning the annual 8 income tax withholding statement, is amended to read as follows: 9 (B) An employer who has one hundred twenty-five (125) 10 seventy-five (75) or more employees during the employer's income year shall 11 file the statement electronically. 12 13 SECTION 3. EFFECTIVE DATES. 14 (a) Section 1 of this act is effective for tax years beginning on or 15 after January 1, 2026. 16 (b) Section 2 of this act is effective for tax years beginning on or 17 after January 1, 2025. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36