Arkansas Code Annotated

Ark. Code Ann. § 21-6-305 (2020)

Collector of revenue

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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  1. The collector of revenue shall be allowed commissions for collecting the revenue and for certifying the amount of real property tax reduction to the Chief Fiscal Officer of the State pursuant to § 26-26-310, as follows:
    1. For the first ten thousand dollars ($10,000) collected, five percent (5%) in kind;
    2. For all sums over ten thousand dollars ($10,000) and under twenty thousand dollars ($20,000) collected, four and one-half percent (4.5%) in kind;
    3. For all sums over twenty thousand dollars ($20,000) collected, four percent (4%) in kind; and
    4. For the amount of real property tax reduction certified to the Chief Fiscal Officer of the State, four percent (4%) in kind.
  2. All commissions allowed to the collector by this section or any other law shall be paid into the county treasury as general revenues.
    1. Commissions received by the county collector shall be used by the county collector to offset administrative costs.
      1. The county collector may set aside up to ten percent (10%) of the gross commissions collected annually to be credited to the county collector's automation fund:
        1. To operate the office of the county collector;
        2. For administrative costs; and
        3. To purchase, maintain, and operate an automated record-keeping system.
      2. The acquisition and update of software for the automated accounting and record-keeping system shall be a permitted use of these funds.
    2. Moneys deposited into this fund may accumulate and shall be appropriated and expended for the uses designated in this section by the quorum court at the direction of the county collector.
  3. All moneys not used by the county collector to offset administrative costs or set aside into the county collector's automation fund shall be prorated to the appropriate taxing entities.

History. Acts 1883, No. 114, § 120 (last par.), p. 199; C. & M. Dig., § 10071; Pope's Dig., § 13832; Acts 1941, No. 120, § 1; 1943, No. 31, § 1; 1949, No. 348, §§ 1, 2; 1951, No. 105, § 1; A.S.A. 1947, §§ 12-1726, 12-1726n; Acts 2001, No. 1215, § 1; 2001, No. 1275, § 1; 2003, No. 847, § 1.

Amendments. The 2001 amendment by No. 1215 added present (c) and (d) and made stylistic changes.

The 2001 amendment by No. 1275 inserted “and for certifying … § 26-26-310” in the introductory language of (a); deleted former (a)(4), (b), and (c); and added present (a)(4) and (b).

The 2003 amendment redesignated former (c)(2)(A) as present (c)(2)(A) and (c)(2)(A)(iii); and inserted present (c)(2)(A)(i) and (c)(2)(A)(ii).

Case Notes

Road Taxes.

Commission for collection of road taxes is determined from the total amount of all taxes collected. Road Imp. Dist. v. Smith, 164 Ark. 522, 262 S.W. 314 (1924).

Special Act.

Where the Auditor of State settled with a tax collector on the basis of this section instead of a special act (Acts 1917, No. 48) providing fees for that tax collector, thereby leaving in his hands a sum as commission on the state taxes to which he was not entitled under the special act, the county was not entitled to such surplus. Independence County v. Wright, 154 Ark. 184, 241 S.W. 903 (1922).

Cited: Venhaus v. Board of Educ., 280 Ark. 441, 659 S.W.2d 179 (1983).