Arkansas Code Annotated

Ark. Code Ann. § 26-1-101 (2026)

Definitions

✓ current as of May 2026
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As used in this act, unless the context otherwise requires:

  1. “Credits” means the excess of the sum of all legal claims and demands, whether for money or other valuable things, or for labor or service due or to become due, to the person liable to pay taxes thereon, including deposits in banks or with persons in or out of this state, when added together, estimating every claim or demand at its true value in money, over and above the sum of legal bona fide debts owing by the person. In making up the sum of the debts owing, there shall be taken into account no obligation to any mutual insurance company; nor any unpaid subscription to the capital stock of any joint-stock company; nor any subscription for any religious, scientific, literary, or charitable purpose; nor any acknowledgment of any indebtedness, unless founded on some consideration actually received and believed at the time of making, the acknowledgment to be a full consideration therefor; nor any acknowledgment of debt made for the purpose of diminishing the amount of credits to be listed for taxation; nor any greater amount or portion of any liability as surety than the person required to make the statement of the credits believes that the surety is in equity bound and will be compelled to pay or contribute;
  2. “Investment in bonds” means all moneys invested in bonds of whatever kind or certificates of indebtedness commonly called scrip, whether issued by incorporated or unincorporated companies, towns, cities, townships, counties, states, or other corporations, held by persons residing in this state, either by themselves or by others for them, whether for themselves or as guardians, trustees, or agents;
  3. “Investment in stocks” means all moneys invested in public stocks of this or any other state or in any association, corporation, joint-stock company, or otherwise, the stock or capital of which is or may be divided into shares, which are transferable by each owner without the consent of the other partners or stockholders, for the taxation of which no special provision is made by this title, held by persons residing in this state, either for themselves or as guardians, trustees, or agents, or by others for them;
    1. “Money” means gold and silver coin, bank notes of solvent banks in actual possession, and every deposit which the person owning, holding in trust, or having the beneficial interest therein is entitled to withdraw in money on demand, within this state or elsewhere, provided it is subject to order.
    2. All citizens of this state shall, when they give to the county assessor a list of their personal property, moneys, and credits, state under oath whether they have any deposits or balances on accounts, or otherwise, and the amount of the deposits, balance, or otherwise on account;
  4. “Oath” means an oath or affirmation;
  5. “Pensions” receivable from the United States or from any state, salaries or payments excepted, shall not mean annuities;
  6. “Person” means a firm, company, or corporation;
  7. “Personal property” means:
    1. Every tangible thing being the subject of ownership, whether animate or inanimate, other than money and not forming a part of any parcel of real property as defined; and
    2. The capital stock, undivided profits, and all other means not forming part of the capital stock of every company, whether incorporated or unincorporated, and every share, portion, or interest in the stock, profits, or means, by whatsoever name it may be designated, inclusive of every share or portion, right, or interest, either legal or equitable, in and to every ship, vessel, or boat of whatsoever name and description used or designed to be used exclusively or partially in navigating any of the waters within or bordering on this state, whether the ship, vessel, or boat shall be within the jurisdiction of this state or elsewhere and whether it shall have been enrolled, registered, or licensed at any county collector's office or within any county collector's district of this state, or not;
  8. “Real property and lands” means not only the land itself, whether laid out in town lots or otherwise, with all things therein contained, but also all buildings, structures, improvements, and other fixtures of whatever kind thereon and all rights and privileges belonging or in anywise appertaining thereto; and
  9. “Town” or “city” means all cities or towns, incorporated or not incorporated, and all blocks or lots or parts thereof, assessed for taxation as such, whether they are situated in an incorporated city or town, or not.

History. Acts 1883, No. 114, §§ 1, 75, p. 199; C. & M. Dig., §§ 9792, 9939; Pope's Dig., §§ 13358, 13723; A.S.A. 1947, §§ 84-101, 84-102.

A.C.R.C. Notes. Pursuant to Arkansas Constitution, Amendments 57 and 71, and § 26-3-302, intangible personal property and “items of household furniture and furnishings, clothing, appliances, and other personal property used within the home, if not held for sale, rental, or other commercial or professional use”, are exempt from ad valorem taxes. Additional ad valorem tax exemptions for public property, churches, cemeteries, schools, libraries, charities, and textile mills are found in Arkansas Constitution, Article 16, § 5(b), and Arkansas Constitution, Amendment 12. See also § 26-3-301 et seq.

Meaning of “this act”. Acts 1883, No. 114, codified as §§ 14-15-201, 14-15-505, 16-20-106, 16-92-113 [repealed], 16-92-114, 16-92-115 [repealed], 16-96-401, 21-6-305, 25-16-517, 26-1-101, 26-2-101, 26-2-103, 26-2-108, 26-3-201, 26-3-204, 26-3-301, 26-25-10126-25-103, 26-25-105, 26-26-70226-26-704, 26-26-714, 26-26-716, 26-26-717, 26-26-90326-26-909, 26-26-914, 26-26-1001, 26-26-1102, 26-26-1107, 26-26-120226-26-1205, 26-26-1505, 26-28-101, 26-28-10326-28-108, 26-28-110, 26-28-111, 26-34-10126-34-103, 26-34-108, 26-35-201, 26-35-301, 26-35-302 [repealed], 26-35-303, 26-35-401, 26-35-402, 26-35-503, 26-35-504, 26-35-603, 26-35-604, 26-35-901, 26-35-100126-35-1003 [repealed], 26-35-1004, 26-36-202, 26-36-204, 26-36-20626-36-209, 26-36-211, 26-37-106, 26-37-206, 26-37-208, 26-37-209, 26-37-305, 26-37-307, 26-38-106, 26-38-107, 26-39-204, 26-39-205 [repealed], 26-39-20626-39-221, 26-39-30226-39-305 [repealed], 26-39-403, 26-39-406, 26-39-50126-39-502, 26-39-50326-39-509 [repealed], 26-76-10226-76-108, 26-76-201 [repealed], and 26-76-202.

Case Notes

Person.

A domestic insurance company is a “person” required to assess its stock for taxation. Dallas County v. Banks, 87 Ark. 484, 113 S.W. 37 (1908); Dallas County v. Home Fire Ins. Co., 97 Ark. 254, 133 S.W. 1113 (1911).

Real Property.

Buildings, machinery, and fixtures situated on leased lands and belonging to the lessee are taxable as real property. Union Compress Co. v. State, 64 Ark. 136, 41 S.W. 52 (1897).

Interest in oil and gas leases in another state must be deemed an interest in real property, and not taxable in this state. Greene County v. Smith, 148 Ark. 33, 228 S.W. 738 (1921).

Arkansas courts have adopted a three-part test to determine whether an item is a fixture: (1) whether the item is annexed to the realty; (2) whether the item is appropriate and adapted to the use or purpose of that part of the realty to which the item is connected; and (3) whether the party making annexation intended to make it permanent. Rice v. Fas Fax Corp. (In re Hot Shots Burgers & Fries, Inc.), 169 B.R. 920 (Bankr. E.D. Ark. 1994).

Town or City.

Whether a community is incorporated or not is not the test as to whether it is a town or city under this section. Southeast Ark. Levee Dist. v. Turner, 184 Ark. 1147, 45 S.W.2d 512 (1932).

Cited: Ritchie Grocer Co. v. Texarkana, 182 Ark. 137, 30 S.W.2d 213 (1930); Baldwin v. Rushing, 254 Ark. 1042, 497 S.W.2d 668 (1973).

Chapter 2 Penalties and Offenses Generally

Cross References. Illegal exactions, Ark. Const., Art. 16, § 13.

Effective Dates. Acts 1869 (Adj. Sess.), No. 47, § 4: effective on passage.

Acts 1873, No. 124, § 200: effective on passage.

Acts 1879, No. 76, § 5: effective on passage.

Acts 1883, No. 114, § 226: effective on passage.

Acts 1917, No. 263, § 4: Mar. 17, 1917. Emergency declared.

Acts 1927, No. 129, § 38: Mar. 9, 1927. Emergency clause provided: “This act being necessary for the immediate preservation of the public peace, health and safety, an emergency is hereby declared to exist, and this act shall take effect and be in force from and after its passage.”

Acts 1975, No. 928, § 1: effective simultaneously with the Arkansas Criminal Code on Jan. 1, 1976.

Notes of Decisions
Cited in 2 cases, 1996–2009 · leading case: Brock v. Townsell, 309 S.W.3d 179 (Ark. 2009).
Brock v. Townsell, 309 S.W.3d 179 (Ark. 2009). · cites it 2× “ng that no municipal corporation exercising eminent-domain power shall provide water service to any existing customer of any incorporated city or town without approval of the incorporated city or town); section 24-ll-422(c) (providing additional retirement pay to members of…”
Pledger v. Halvorson, 921 S.W.2d 576 (Ark. 1996). · cites it 4× “Finally, the majority opinion is at odds with the general definitions contained in Ark. Code Ann. § 26-1-101 (Repl.1992). That code section defines real property as: not only the land itself, whether laid out in town lots or otherwise, with all things therein contained, but also…”
— Ark. Code Ann. § 26-1-101(10) — 1 case
Brock v. Townsell, 309 S.W.3d 179 (Ark. 2009). “ng that no municipal corporation exercising eminent-domain power shall provide water service to any existing customer of any incorporated city or town without approval of the incorporated city or town); section 24-ll-422(c) (providing additional retirement pay to members of…”
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