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Arkansas General Assembly· HB 1960Notification that HB1960 is now Act 1013

An act TO AMEND THE LAW CONCERNING THE APPLICATION OF 10 CERTAIN TAXES TO LEASED MOTOR VEHICLES, the official text

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Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas           As Engrossed: S4/9/25
2 95th General Assembly
                                   A Bill

3 Regular Session, 2025                                           HOUSE BILL 1960

4

5 By: Representative Wardlaw

6 By: Senator Stone

7

8                             For An Act To Be Entitled

9   AN ACT TO AMEND THE LAW CONCERNING THE APPLICATION OF

10  CERTAIN TAXES TO LEASED MOTOR VEHICLES; TO AMEND THE

11  LAW CONCERNING THE ASSESSMENT AND PAYMENT OF PERSONAL

12  PROPERTY TAXES ON CERTAIN LEASED MOTOR VEHICLES; TO

13  PROVIDE THAT THE LESSEE OF A LEASED MOTOR VEHICLE IS

14  THE OWNER OF THE LEASED MOTOR VEHICLE FOR PURPOSES OF

15  THE ASSESSMENT AND PAYMENT OF PROPERTY TAXES; TO

16  AMEND THE LAW CONCERNING THE MAXIMUM TAX LIMITATION

17  ON THE LEVY OF LOCAL SALES AND USE TAXES ON SALES OF

18  CERTAIN TANGIBLE PERSONAL PROPERTY; AND FOR OTHER

19  PURPOSES.

20

21

22                            Subtitle

23                       TO PROVIDE THAT THE LESSEE OF A LEASED

24                       MOTOR VEHICLE IS THE OWNER FOR PURPOSES

25                       OF THE ASSESSMENT AND PAYMENT OF

26                       PROPERTY TAXES; AND TO AMEND THE LAW

27                       CONCERNING LOCAL SALES AND USE TAXES ON

28                       CERTAIN TANGIBLE PERSONAL PROPERTY.

29

30 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:

31

32  SECTION 1. Arkansas Code � 26-26-706, concerning lists of motor

33 vehicle licenses for the purpose of property tax assessment, is amended to

34 add an additional subsection to read as follows:

35  (c) As used in this section, "vehicle owner" means, for purposes of a

36 motor vehicle that is leased pursuant to a contract providing for the use of

    *JLL377*                                                      04-09-2025 18:26:21 JLL377
    As Engrossed: S4/9/25                                                   HB1960

1 the motor vehicle by the lessee for a period of more than thirty (30) days,

2 the lessee of the motor vehicle.

3

4   SECTION 2. Arkansas Code � 26-26-903, concerning the requirement that

5 the owner of property list the property for assessment, is amended to add an

6 additional subsection to read as follows:

7   (c) As used in this section, "owner" means, for purposes of a motor

8 vehicle that is leased pursuant to a contract providing for the use of the

9 motor vehicle by the lessee for a period of more than thirty (30) days, the

10 lessee of the motor vehicle.

11

12  SECTION 3. Arkansas Code � 26-26-1408(a)(1), concerning the time for

13 the assessment and payment of personal property taxes, is amended to read as

14 follows:

15  (a)(1)(A) A taxpayer shall annually assess his or her tangible

16 personal property for ad valorem taxes during the period from January 1

17 through May 31.

18                    (B) A taxpayer's tangible personal property includes a

19 motor vehicle that is leased pursuant to a contract providing for the use of

20 the motor vehicle by the taxpayer as the lessee for a period of more than

21 thirty (30) days.

22

23  SECTION 4. Arkansas Code � 27-14-1015(a), concerning the payment of

24 personal property taxes and the listing for assessment required for motor

25 vehicles, is amended to read as follows:

26  (a)(1) The owner of every vehicle subject to registration in Arkansas

27 shall assess the vehicle with the county tax assessor in the county where

28 required by law and within the time required by law.

29           (2) As used in this section, "owner" means, for purposes of a

30 vehicle that is leased pursuant to a contract providing for the use of the

31 vehicle by the lessee for a period of more than thirty (30) days, the lessee

32 of the vehicle.

33

34  SECTION 5. Arkansas Code � 26-73-301(a), concerning the limitation on

35 the levy of a local sales or use tax, is amended to read as follows:

36  (a)(1) Any municipal or county sales or use tax levied pursuant to the

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    As Engrossed: S4/9/25                                                   HB1960

1 laws of this state shall be levied and collected only on the first two

2 thousand five hundred dollars ($2,500) of gross receipts, gross proceeds, or

3 sales price on the sale of a:

4             (1)(A) Motor vehicle;

5             (2)(B) Aircraft;

6             (3)(C) Watercraft;

7             (4)(D) Modular home;

8             (5)(E) Manufactured home; and

9             (6)(F) Mobile home.

10            (2) If a sale or lease subject to subdivision (a)(1) of this

11 section involves periodic payments, the applicable sales and use tax shall

12 be:

13            (A) For the purpose of determining the application of the

14 limitation provided under subdivision (a)(1) of this section, applied to the

15 aggregate amount of all periodic payments due on the sale or lease; and

16            (B) Collected:

17                         (i) On the first periodic payment due on the sale or

18 lease; or

19                         (ii) Evenly distributed and collected on each

20 separate periodic payment due on the sale or lease.

21

22      SECTION 6. Arkansas Code � 26-74-220(a), concerning the maximum tax

23 limitation on the levy of a county sales and use tax for capital

24 improvements, is amended to add an additional subdivision to read as follows:

25            (3) If a sale or lease subject to subdivision (a)(1) of this

26 section involves periodic payments, the applicable sales and use tax shall

27 be:

28            (A) For the purpose of determining the application of the

29 limitation provided under subdivision (a)(1) of this section, applied to the

30 aggregate amount of all periodic payments due on the sale or lease; and

31            (B) Collected:

32                         (i) On the first periodic payment due on the sale or

33 lease; or

34                         (ii) Evenly distributed and collected on each

35 separate periodic payment due on the sale or lease.

36

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    As Engrossed: S4/9/25                                                   HB1960

1      SECTION 7. Arkansas Code � 26-74-320(a), concerning the maximum tax

2 limitation on the levy of a county sales tax for capital improvements, is

3 amended to add an additional subdivision to read as follows:

4              (3) If a sale or lease subject to subdivision (a)(1) of this

5 section involves periodic payments, the applicable sales and use tax shall

6 be:

7                     (A) For the purpose of determining the application of the

8 limitation provided under subdivision (a)(1) of this section, applied to the

9 aggregate amount of all periodic payments due on the sale or lease; and

10                    (B) Collected:

11                         (i) On the first periodic payment due on the sale or

12 lease; or

13                         (ii) Evenly distributed and collected on each

14 separate periodic payment due on the sale or lease.

15

16     SECTION 8. Arkansas Code � 26-74-412(a)(1), concerning the maximum tax

17 limitation on the levy of a county sales and use tax for counties without an

18 existing tax, is amended to add an additional subdivision to read as follows:

19                    (C) If a sale or lease subject to subdivision (a)(1)(A) of

20 this section involves periodic payments, the applicable sales and use tax

21 shall be:

22                         (i) For the purpose of determining the application

23 of the limitation provided under subdivision (a)(1)(A) of this section,

24 applied to the aggregate amount of all periodic payments due on the sale or

25 lease; and

26                         (ii) Collected:

27                         (a) On the first periodic payment due on the

28 sale or lease; or

29                         (b) Evenly distributed and collected on each

30 separate periodic payment due on the sale or lease.

31

32     SECTION 9. Arkansas Code � 26-74-612(a), concerning the maximum tax

33 limitation on the levy of a county sales and use tax for capital

34 improvements, is amended to add an additional subdivision to read as follows:

35             (3) If a sale or lease subject to subdivision (a)(1) of this

36 section involves periodic payments, the applicable sales and use tax shall

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    As Engrossed: S4/9/25                                                   HB1960

1 be:

2             (A) For the purpose of determining the application of the

3 limitation provided under subdivision (a)(1) of this section, applied to the

4 aggregate amount of all periodic payments due on the sale or lease; and

5             (B) Collected:

6                          (i) On the first periodic payment due on the sale or

7 lease; or

8                          (ii) Evenly distributed and collected on each

9 separate periodic payment due on the sale or lease.

10

11      SECTION 10. Arkansas Code � 26-75-222(a), concerning the maximum tax

12 limitation on the levy of a municipal sales and use tax for capital

13 improvements, is amended to add an additional subdivision to read as follows:

14            (3) If a sale or lease subject to subdivision (a)(1) of this

15 section involves periodic payments, the applicable sales and use tax shall

16 be:

17            (A) For the purpose of determining the application of the

18 limitation provided under subdivision (a)(1) of this section, applied to the

19 aggregate amount of all periodic payments due on the sale or lease; and

20            (B) Collected:

21                         (i) On the first periodic payment due on the sale or

22 lease; or

23                         (ii) Evenly distributed and collected on each

24 separate periodic payment due on the sale or lease.

25

26      SECTION 11. Arkansas Code � 26-75-319(a), concerning the maximum tax

27 limitation on the levy of a municipal sales tax for capital improvements, is

28 amended to add an additional subdivision to read as follows:

29            (3) If a sale or lease subject to subdivision (a)(1) of this

30 section involves periodic payments, the applicable sales and use tax shall

31 be:

32            (A) For the purpose of determining the application of the

33 limitation provided under subdivision (a)(1) of this section, applied to the

34 aggregate amount of all periodic payments due on the sale or lease; and

35            (B) Collected:

36                         (i) On the first periodic payment due on the sale or

                              5                         04-09-2025 18:26:21 JLL377
    As Engrossed: S4/9/25                                                   HB1960

1 lease; or

2                          (ii) Evenly distributed and collected on each

3 separate periodic payment due on the sale or lease.

4

5      SECTION 12. Arkansas Code � 26-81-104(a)(2), concerning the amount of

6 the tax levied under the Multicounty Airport and Riverport Financing Act, is

7 amended to read as follows:

8              (2)(A) Any tax levied pursuant to this chapter shall be levied

9 and collected only on the first two thousand five hundred dollars ($2,500) of

10 gross receipts, gross proceeds, or sales price from the sale of a:

11                         (i) Motor vehicle;

12                         (ii) Aircraft;

13                         (iii) Watercraft;

14                         (iv) Modular home;

15                         (v) Manufactured home; or

16                         (vi) Mobile home.

17                    (B) A vendor shall be responsible for collecting and

18 remitting the tax only on the first two thousand five hundred dollars

19 ($2,500) of gross receipts, gross proceeds, or sales price from the sale of

20 a:

21                         (i) Motor vehicle;

22                         (ii) Aircraft;

23                         (iii) Watercraft;

24                         (iv) Modular home;

25                         (v) Manufactured home; or

26                         (vi) Mobile home.

27                    (C) If a sale or lease subject to subdivision (a)(2)(A) of

28 this section involves periodic payments, the applicable sales and use tax

29 shall be:

30                         (i) For the purpose of determining the application

31 of the limitation provided under subdivision (a)(2)(A) of this section,

32 applied to the aggregate amount of all periodic payments due on the sale or

33 lease; and

34                         (ii) Collected:

35                             (a) On the first periodic payment due on the

36 sale or lease; or

                               6                       04-09-2025 18:26:21 JLL377
    As Engrossed: S4/9/25                                                   HB1960

1                          (b) Evenly distributed and collected on each

2 separate periodic payment due on the sale or lease.

3                   (D) A vendor collecting, reporting, and remitting the

4 county sales or use taxes shall show county taxes as a separate entry on the

5 tax report form.

6

7       SECTION 13. Arkansas Code � 26-82-115(a), concerning the maximum tax

8 limitation on the levy of a sales and use tax under the Local Sales and Use

9 Tax Economic Development Project Funding Act, is amended to read as follows:

10      (a)(1) A sales and use tax levied under this chapter shall be levied

11 and collected only on the first two thousand five hundred dollars ($2,500) of

12 gross receipts, gross proceeds, or sales price on the sale of:

13                  (1)(A) Motor vehicles;

14                  (2)(B) Aircraft;

15                  (3)(C) Watercraft;

16                  (4)(D) Modular homes;

17                  (5)(E) Manufactured homes; or

18                  (6)(F) Mobile homes.

19            (2) If a sale or lease subject to subdivision (a)(1) of this

20 section involves periodic payments, the applicable sales and use tax shall

21 be:

22                  (A) For the purpose of determining the application of the

23 limitation provided under subdivision (a)(1) of this section, applied to the

24 aggregate amount of all periodic payments due on the sale or lease; and

25                  (B) Collected:

26                         (i) On the first periodic payment due on the sale or

27 lease; or

28                         (ii) Evenly distributed and collected on each

29 separate periodic payment due on the sale or lease.

30

31      SECTION 14. DO NOT CODIFY. Effective dates.

32      (a) Sections 1-4 of this act are effective for assessment years

33 beginning on or after January 1, 2025.

34      (b) Sections 5-13 of this act are effective on the first day of the

35 calendar quarter following the effective date of this act.

36

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         As Engrossed: S4/9/25              HB1960

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