Arkansas Code Annotated

Ark. Code Ann. § 26-51-428 (2026)

Depreciation — Deductions — Expensing of property. [Effective if contingency in Acts 2007, No. 613, § 2 is met.]

✓ current as of May 2026
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History. Acts 1929, No. 118, Art. 3, § 13; Pope's Dig., § 14036; Acts 1957, No. 147, § 1; 1957, No. 156, § 1; 1983, No. 379, §§ 8-11; 1983, No. 854; §§ 1, 5; A.S.A. 1947, §§ 84-2016, 84-2016.16; Acts 1987, No. 382, §§ 17, 32; 1989, No. 826, §§ 29, 30; 1991, No. 685, § 7; 1995, No. 1160, § 4; 1997, No. 951, § 12; 1999, No. 1126, § 33; 2007, No. 218, § 26; 2007, No. 613, § 1.

A.C.R.C. Notes. Acts 2007, No. 613, § 2, provided: “The provisions of this act shall not be effective until the Chief Fiscal Officer of the State certifies that additional funding has been provided to state general revenues from other funding sources and is available for use during fiscal year 2008 and fiscal year 2009 in an amount sufficient to replace the general revenue reduction for each of the fiscal years 2008 and 2009 that would result from the adoption of the provisions of section 179 of the Internal Revenue Code, as in effect on January 1, 2007, as provided by this act.”

The Chief Fiscal Officer of the State made the certification described in Acts 2007, No. 613, § 2, on August 10th, 2007, making this version of § 26-51-428 effective. However, Acts 2009, No. 372, § 18, amended the expired version of § 26-51-428.

Publisher's Notes. For text effective until contingency in Acts 2007, No. 613, § 2 is met, see the preceding version.

Research References

U. Ark. Little Rock L.J.

Legislation of the 1983 General Assembly, Taxation, 6 U. Ark. Little Rock L.J. 636.

Case Notes

Common Carriers.

A corporation engaged in interstate and intrastate transportation of property as a common carrier held not free to calculate and claim depreciation as it desires under this section. Cheney v. East Tex. Motor Freight, Inc., 233 Ark. 675, 346 S.W.2d 513 (1961).

Cited: Wiseman v. Interstate Pub. Serv. Co., 191 Ark. 255, 85 S.W.2d 700 (1935).

Notes of Decisions
Cited in 1 case, 1999–1999 · leading case: Gray v. Gray, 994 S.W.2d 506 (Ark. Ct. App. 1999).
Gray v. Gray, 994 S.W.2d 506 (Ark. Ct. App. 1999). · cites it 4× “Ark.Code Ann. § 26-51-428 (Repl.1997). [4] See generally 26 U.”
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