1 | 1 | | Stricken language would be deleted from and underlined language would be added to present law. |
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2 | 2 | | *JLL105* 01/16/2025 7:15:35 AM JLL105 |
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3 | 3 | | State of Arkansas 1 |
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4 | 4 | | 95th General Assembly A Bill 2 |
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5 | 5 | | Regular Session, 2025 SENATE BILL 73 3 |
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6 | 6 | | 4 |
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7 | 7 | | By: Senator B. Johnson 5 |
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8 | 8 | | By: Representative Beaty Jr. 6 |
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9 | 9 | | 7 |
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10 | 10 | | For An Act To Be Entitled 8 |
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11 | 11 | | AN ACT TO AMEND THE INCOME TAX LAWS; TO PROVIDE FOR 9 |
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12 | 12 | | INCOME TAX DEDUCTIONS FOR CERTAIN FINANCIAL 10 |
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13 | 13 | | INSTITUTIONS; TO CREATE THE ACCESS TO CREDIT FOR OUR 11 |
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14 | 14 | | RURAL ECONOMY (ACRE) ACT; TO PROVIDE AN INCOME TAX 12 |
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15 | 15 | | DEDUCTION FOR CERTAIN AGRICULTURAL LOANS; AND FOR 13 |
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16 | 16 | | OTHER PURPOSES. 14 |
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17 | 17 | | 15 |
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18 | 18 | | 16 |
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19 | 19 | | Subtitle 17 |
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20 | 20 | | TO CREATE THE ACCESS TO CREDIT FOR OUR 18 |
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21 | 21 | | RURAL ECONOMY (ACRE) ACT; AND TO PROVIDE 19 |
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22 | 22 | | AN INCOME TAX DEDUCTION FOR CERTAIN 20 |
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23 | 23 | | AGRICULTURAL LOANS. 21 |
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24 | 24 | | 22 |
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25 | 25 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 23 |
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26 | 26 | | 24 |
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27 | 27 | | SECTION 1. DO NOT CODIFY. Title. 25 |
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28 | 28 | | This act shall be known and may be cited as the "Access to Credit for 26 |
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29 | 29 | | Our Rural Economy (ACRE) Act". 27 |
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30 | 30 | | 28 |
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31 | 31 | | SECTION 2. Arkansas Code Title 26, Chapter 51, Subchapter 4, is 29 |
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32 | 32 | | amended to add an additional section to read as follows: 30 |
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33 | 33 | | 26-51-462. Deduction — Qualified agricultural loans — Definitions. 31 |
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34 | 34 | | (a) As used in this section: 32 |
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35 | 35 | | (1) “Eligible lending institution” means a: 33 |
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36 | 36 | | (A) National banking association; 34 |
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37 | 37 | | (B) State bank and a registered out -of-state bank, as 35 |
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38 | 38 | | those terms are defined in § 23 -45-102; 36 SB73 |
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39 | 39 | | |
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40 | 40 | | 2 01/16/2025 7:15:35 AM JLL105 |
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41 | 41 | | (C) State trust company, as defined in § 23 -51-102; or 1 |
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42 | 42 | | (D) Federal savings bank; 2 |
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43 | 43 | | (2) “Interest” means interest on indebtedness attributed to the 3 |
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44 | 44 | | state and incurred in the ordinary course of the active conduct of any 4 |
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45 | 45 | | business; 5 |
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46 | 46 | | (3) “Net interest income received from qualified agricultural 6 |
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47 | 47 | | loans” means the product of the ratio of the interest income earned on 7 |
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48 | 48 | | qualified agricultural loans over total interest income earned, in relation 8 |
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49 | 49 | | to the adjusted gross income of the eligible lending institution without 9 |
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50 | 50 | | regard to the deduction allowed under this section; and 10 |
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51 | 51 | | (4) “Qualified agricultural loan” means a loan that: 11 |
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52 | 52 | | (A) Is made on personal property used for an agricultural 12 |
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53 | 53 | | purpose, including without limitation equipment and machinery, livestock, and 13 |
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54 | 54 | | crops; or 14 |
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55 | 55 | | (B) Has the following characteristics: 15 |
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56 | 56 | | (i) Is made on real property that is substantially 16 |
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57 | 57 | | used for the production of one (1) or more agricultural products; 17 |
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58 | 58 | | (ii) Is secured by a: 18 |
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59 | 59 | | (a) First lien interest in real property; or 19 |
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60 | 60 | | (b) Second lien interest in the real property; 20 |
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61 | 61 | | and 21 |
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62 | 62 | | (iii) Has an outstanding loan balance that is: 22 |
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63 | 63 | | (a) Less than eighty -five percent (85%) of the 23 |
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64 | 64 | | appraised value of the real estate; or 24 |
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65 | 65 | | (b) More than eighty -five percent (85%) of the 25 |
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66 | 66 | | appraised value of the real estate if the loan balance in excess of eighty -26 |
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67 | 67 | | five percent (85%) of the appraised value is insured by private mortgage 27 |
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68 | 68 | | insurance. 28 |
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69 | 69 | | (b) In computing net income for the purposes of this chapter, there is 29 |
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70 | 70 | | allowed as a deduction in addition to all other deductions allowed by law for 30 |
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71 | 71 | | the net interest income received from qualified agricultural loans that is 31 |
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72 | 72 | | received by an eligible lending institution. 32 |
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73 | 73 | | 33 |
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74 | 74 | | SECTION 3. EFFECTIVE DATE. Section 2 of this act is effective for tax 34 |
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75 | 75 | | years beginning on or after January 1, 2025. 35 |
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76 | 76 | | 36 |
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