Arkansas Code Annotated

Ark. Code Ann. § 26-52-322 (2026)

Withdrawals from stock — Definition

✓ current as of May 2026

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History. Acts 2009, No. 384, § 5; 2019, No. 583, § 1; 2019, No. 910, § 3845.

Amendments. The 2019 amendment by No. 583 added the (b)(2)(A) designation; rewrote (b)(2)(A); added (b)(2)(B); and made stylistic changes.

The 2019 amendment by No. 910 substituted “Secretary of the Department of Finance and Administration” for “Director of the Department of Finance and Administration” in (c).

Case Notes

Produced Good.

Circuit court erred in granting a restaurant summary judgment on the ground that the proper assessment for its manager meals had to be based on the wholesale value of the ingredients because the manager received the meal, a produced good, and thus Ark. Admin. Code 006.005.212-GR-18(D)(2) applied, and the tax was assessed on the retail value of the meal; the restaurant elected to give away a prepared meal, which was a business decision, and it was required to pay taxes on the full retail value of the meals. Walther v. FLIS Enters., 2018 Ark. 64, 540 S.W.3d 264 (2018).

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2018–2024 · leading case: Walther v. FLIS Enters., Inc., 540 S.W.3d 264 (Ark. 2018).

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Walther v. FLIS Enters., Inc., 540 S.W.3d 264 (Ark. 2018). · cites it 26× “Ark. Code Ann. § 26-52-322 reads, in pertinent part, as follows: (b)(2) For purposes of calculating the gross receipts tax or the compensating use tax .”

Arkansas Dep't of Fin. & Admin. v. Trotter Ford, Inc. & Trotter Auto, Inc., D/B/A Trotter Toyota, 2024 Ark. 31 (Ark. 2024). · cites it 54× “§ 26-52-322 ADFA contends that the use of the vehicles in Trotter’s inventory was subject to sales tax based on the plain language of Arkansas Code Annotated section 26-52-322, which provides, in pertinent part: (a) As used in this section, “withdrawal from stock” means the…”

— Ark. Code Ann. § 26-52-322(a) — 1 case

Arkansas Dep't of Fin. & Admin. v. Trotter Ford, Inc. & Trotter Auto, Inc., D/B/A Trotter Toyota, 2024 Ark. 31 (Ark. 2024). “§ 26-52-322 ADFA contends that the use of the vehicles in Trotter’s inventory was subject to sales tax based on the plain language of Arkansas Code Annotated section 26-52-322, which provides, in pertinent part: (a) As used in this section, “withdrawal from stock” means the…”

— Ark. Code Ann. § 26-52-322(b)(2)(c) — 1 case

Walther v. FLIS Enters., Inc., 540 S.W.3d 264 (Ark. 2018). “Ark. Code Ann. § 26-52-322 reads, in pertinent part, as follows: (b)(2) For purposes of calculating the gross receipts tax or the compensating use tax .”

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