Arkansas Code Annotated

Ark. Code Ann. § 26-52-303 (2020)

Border cities or towns — Tax rate — Exemptions

✓ Arkansas Code release r76: Acts through about 2020 (2021-2025 sessions missing)
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History. Acts 1941, No. 386, § 4; 1957, No. 158, § 1; 1957, No. 233, § 1; 1961, No. 252, § 1; 1965, No. 122, § 1; 1971, No. 214, § 2; 1979, No. 401, § 48; 1983 (1st Ex. Sess.), No. 63, § 1; A.S.A. 1947, §§ 84-1903.1, 84-1904; Acts 1991, No. 3, § 2; 1995, No. 1008, § 3; 1999, No. 1492, § 5; 2003, No. 1273, § 7; 2009, No. 655, § 12; 2019, No. 910, § 3832.

Amendments. The 2009 amendment inserted “Upon conviction” and “is guilty of a violation and” in (c)(2), and made related and minor stylistic changes.

The 2019 amendment, in (c)(1), substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” and “secretary” for “director”.

Case Notes

Exemptions.

A sale by an Arkansas corporation located in a city adjoined to a city across the state line in a state with no sales tax is exempt from taxation under this section even though the item sold is delivered out side the city limits of either city. Comm'r of Revenues v. Dillard's, Inc., 224 Ark. 826, 276 S.W.2d 424 (1955).

Cited: Frank Lyon Co. v. United States, 435 U.S. 561, 98 S. Ct. 1291, 55 L. Ed. 2d 550 (1978); Southern Steel & Wire Co. v. Wooten, 276 Ark. 37, 631 S.W.2d 835 (1982).

Notes of Decisions
Cited in 1 case, 2001–2001 · leading case: Ghegan & Ghegan, Inc. v. Barclay, 49 S.W.3d 652 (Ark. 2001).
Ghegan & Ghegan, Inc. v. Barclay, 49 S.W.3d 652 (Ark. 2001). · cites it 2× “That section provides, in relevant part: *658 (a) If a distributor, manufacturer, or wholesale dealer sells bottled soft drinks, soft drink syrups, powders, or base products to retailers or retail dealers located in a city or incorporated town which is subject to the border city…”
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