Ark. Code Ann. § 26-57-604 (2026)
Remittance of tax
History. Acts 1959, No. 148, § 69; 1975, No. 450, § 1; 1979, No. 908, § 1; 1981, No. 595, § 1; A.S.A. 1947, § 66-2302; Acts 1987, No. 1033, § 1; 1989, No. 772, § 20; 1999, No. 881, § 23; 2001, No. 1604, § 124; 2009, No. 498, § 3; 2015, No. 231, §§ 7, 8; 2015, No. 871, § 29; 2016 (2nd Ex. Sess.), No. 1, § 4; 2016 (2nd Ex. Sess.), No. 2, § 4; 2017, No. 775, § 5; 2019, No. 457, § 1; 2019, No. 910, § 5718.
Amendments. The 2009 amendment added (c).
The 2015 amendment by No. 231, in (a)(3), substituted “An employee shall” for “Furthermore, an employee must” and “accident and health” for “disability” and deleted “in the facilities” following “months”; and substituted “By March 1 of each year, an authorized life or accident and health” for “On or before March 1 of 2000 and each year thereafter, any such authorized life or disability” in (a)(4)(B)(ii).
The 2015 amendment by No. 871 substituted “that” for “which” in (a)(1)(A); added (a)(1)(B)(i) designation; and added (a)(1)(B)(ii).
The 2016 (2nd Ex. Sess.) amendment by identical acts Nos. 1 and 2 substituted “the Arkansas Works Act of 2016, § 23-61-1001 et seq., the Arkansas Health Insurance Marketplace Act, § 23-61-801 et seq., or individual qualified health insurance plans, including without limitation stand-alone dental plans, issued through the health insurance marketplace as defined by § 23-61-1003” for “or the Arkansas Health Insurance Marketplace Act, § 23-61-801 et seq.” in (a)(1)(B)(ii).
The 2017 amendment added (a)(1)(B)(iii).
The 2019 amendment by No. 457 substituted “The offset shall not reduce” for “In no event shall the offset reduce” in (a)(2)(A) and (a)(2)(C); inserted “the following amounts” in (a)(2)(A); subdivided part of (a)(2)(A) as (a)(2)(A)(i); added “For tax years beginning before January 1, 2021” in (a)(2)(A)(i); added (a)(2)(A)(ii) through (iv); and inserted (a)(2)(B) and redesignated former (a)(2)(B) and (a)(2)(C) as (a)(2)(C) and (a)(2)(D).
The 2019 amendment by No. 910 substituted “Division of Arkansas Heritage” for “Department of Arkansas Heritage” in (c)(1).
Case Notes
In General.
Tax levied by this section is a privilege tax rather than an income tax. American Ins. Co. v. Harkey, 247 Ark. 297, 445 S.W.2d 84 (1969).
Insurance company whose authority to do business in Arkansas was revoked was liable for tax on premiums collected before its authority was revoked, but was not liable for tax on premiums collected after such revocation. American Ins. Co. v. Harkey, 247 Ark. 297, 445 S.W.2d 84 (1969).
Purpose.
Immunity of domestic corporations from gross premium tax was intended to give encouragement and to promote domestic development and not as an advantage to be claimed by policyholders. United Mut. Life Ins. Co. v. State ex rel. Att'y Gen., 194 Ark. 371, 108 S.W.2d 484 (1937) (decision under prior law).
Exemptions.
A legal reserve mutual company was not liable for taxes on premiums collected from policyholders on business acquired from a fraternal beneficiary company when the fraternal beneficiary company was itself exempt from payment of such taxes. United Mut. Life Ins. Co. v. State ex rel. Att'y Gen., 194 Ark. 371, 108 S.W.2d 484 (1937) (decision under prior law).
Exemption provisions from gross premium tax in favor of fraternal beneficiary society were intended to inure to the certificate holders as distinguished from the parent agency. United Mut. Life Ins. Co. v. State ex rel. Att'y Gen., 194 Ark. 371, 108 S.W.2d 484 (1937) (decision under prior law).