Stricken language would be deleted from and underlined language would be added to present law. *JLL104* 01/21/2025 8:37:08 AM JLL104 State of Arkansas 1 95th General Assembly A Bill 2 Regular Session, 2025 SENATE BILL 82 3 4 By: Senator J. Payton 5 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, AND SEMITRAILERS; TO INCREASE THE 11 SALES AND USE TAX EXEMPTION FOR USED MOTOR VEHICLES; 12 TO AMEND THE REDUCED SALES AND USE TAX RATE 13 APPLICABLE TO PURCHASES OF USED MOTOR VEHICLES; AND 14 FOR OTHER PURPOSES. 15 16 17 Subtitle 18 TO INCREASE THE SALES AND USE TAX 19 EXEMPTION FOR USED MOTOR VEHICLES; AND 20 TO AMEND THE REDUCED SALES AND USE TAX 21 RATE APPLICABLE TO PURCHASES OF USED 22 MOTOR VEHICLES. 23 24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 25 26 SECTION 1. DO NOT CODIFY. Legislative findings. 27 The General Assembly finds that: 28 (1) Because Arkansas is a rural state, having reliable personal 29 transportation is essential for Arkansans to maintain employment, access 30 medical care, and obtain groceries and other daily necessities; 31 (2) Many working Arkansans have limited income and need 32 affordable personal transportation, which is impeded by the added expense of 33 sales and use tax on motor vehicles; 34 (3) The majority of motor vehicles that are sold for fifteen 35 thousand dollars ($15,000) or less are used motor vehicles, which means that 36 SB82 2 01/21/2025 8:37:08 AM JLL104 sales or use tax has been collected previously on those motor vehicles at 1 least one (1) time and often multiple times for motor vehicles that have been 2 sold several times; and 3 (4) Arkansans who can afford only a motor vehicle valued at 4 fifteen thousand dollars ($15,000) or less often have to trade motor vehicles 5 more often than those who can afford more expensive motor vehicles, which 6 results in these Arkansans continually having to pay sales or use tax on 7 motor vehicle purchases even though they have the least ability to afford the 8 repeated payment of those taxes. 9 10 SECTION 2. Arkansas Code § 26 -52-324(a), concerning the special tax 11 rate for certain used motor vehicles, trailers, and semitrailers, is amended 12 to read as follows: 13 (a) In lieu of the gross receipts or gross proceeds taxes levied under 14 §§ 26-52-301 and 26-52-302, there is levied an excise tax on the gross 15 receipts or gross proceeds derived from the sale of a used motor vehicle, 16 trailer, or semitrailer that has a sales price of at least four thousand 17 dollars ($4,000) but less than ten thousand dollars ($10,000) the following 18 at the rate of two and eight hundred seventy -five thousandths percent 19 (2.875%): 20 (1) A used motor vehicle that has a sales price of at least ten 21 thousand dollars ($10,000) but less than fifteen thousand dollars ($15,000); 22 and 23 (2) A used trailer or semitrailer that has a sales price of at 24 least four thousand dollars ($4,000) but less than ten thousand dollars 25 ($10,000). 26 27 SECTION 3. Arkansas Code § 26 -52-324, concerning the special tax rate 28 for certain used motor vehicles, trailers, and semitrailers, is amended to 29 add an additional subsection to read as follows: 30 (f) This section does not affect the exemptions provided under § 26 -31 52-436. 32 33 SECTION 4. Arkansas Code § 26 -52-510(b)(1)(B), concerning the direct 34 payment of sales tax by consumer -users on new and used motor vehicles, 35 trailers, or semitrailers, is amended to read as follows: 36 SB82 3 01/21/2025 8:37:08 AM JLL104 (B)(i)(a) If the total consideration for the sale of the 1 new or used motor vehicle, or the new or used trailer, or semitrailer is less 2 than four thousand dollars ($4,000), no tax is due. 3 (b) If the total consideration for the sale of 4 the used motor vehicle is less than ten thousand dollars ($10,000), no tax is 5 due. 6 (c) If the total consideration for the sale of 7 a new motor vehicle, trailer, or semitrailer is four thousand dollars 8 ($4,000) or more, the full gross receipts tax rate levied under this chapter 9 shall be levied and collected. 10 (ii) If the total consideration for the sale of a 11 used motor vehicle, trailer, or semitrailer is at least four thousand dollars 12 ($4,000) but less than ten thousand dollars ($10,000), the gross receipts tax 13 due shall be determined under § 26-52-324. 14 (iii) If the total consideration for the sale of a 15 used motor vehicle, trailer, or semitrailer is ten thousand dollars ($10,000) 16 or more:, 17 (a) The exemption under subdivision 18 (b)(1)(B)(i)(a) of this section does not apply; 19 (b) The special tax rate provided in § 26-52-20 324 does not apply; and 21 (c) The the full gross receipts tax rate 22 levied under this chapter shall be levied and collected. 23 (iv) If the total consideration for the sale of the 24 used motor vehicle is at least ten thousand dollars ($10,000) but less than 25 fifteen thousand dollars ($15,000) , the gross receipts tax due shall be 26 determined under § 26-52-324. 27 (v) If the total consideration for the sale of the 28 used motor vehicle is fifteen thousand dollars ($15,000) or more, the full 29 gross receipts tax rate levied under this chapter shall be levied and 30 collected. 31 (vi) This subdivision (b)(1)(B) does not affect the 32 exemptions provided under § 26 -52-436. 33 34 SECTION 5. Arkansas Code § 26 -53-126(b)(2), concerning the 35 compensating use tax on new and used motor vehicles, trailers, or 36 SB82 4 01/21/2025 8:37:08 AM JLL104 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 (F) This subdivision (b)(2) does not affect the exemptions 33 provided under § 26-53-144. 34 35 SECTION 6. Arkansas Code § 26 -53-150(a)(1), concerning the special tax 36 SB82 5 01/21/2025 8:37:08 AM JLL104 rate for certain used motor vehicles, trailers, and semitrailers, is amended 1 to read as follows: 2 (a)(1) In lieu of the compensating use taxes levied under §§ 26 -53-106 3 and 26-53-107, there is levied an excise tax for the privilege of storing, 4 using, distributing, or consuming a used motor vehicle, trailer, or 5 semitrailer within this state if the sales price of the used motor vehicle, 6 trailer, or semitrailer is: 7 (A) For a used motor vehicle, at least ten thousand 8 dollars ($10,000) but less than fifteen thousand dollars ($15,000); and 9 (B) For a used trailer or semitrailer, at least four 10 thousand dollars ($4,000) but less than ten thousand dollars ($10,000). 11 12 SECTION 7. Arkansas Code § 26 -53-150, concerning the special tax rate 13 for certain used motor vehicles, trailers, and semitrailers, is amended to 14 add an additional subsection to read as follows: 15 (f) This section does not affect the exemptions provided under § 26 -16 53-144. 17 18 SECTION 8. EFFECTIVE DATE. Sections 2-7 of this act are effective on 19 the first day of the calendar quarter following the effective date of this 20 act. 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36