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Arkansas General Assembly· SB 495Notification that SB495 is now Act 718

An act TO AMEND DEFINITIONS USED UNDER THE ARKANSAS 10 TOBACCO PRODUCTS TAX ACT OF 1977, the official text

Shown verbatim: the complete text as captured from the official PDF posted by the Arkansas General Assembly, fetched 2026-07-23. Page and line markers are part of the official record; nothing is edited or removed. The official bill page.
Stricken language would be deleted from and underlined language would be added to present law.

1 State of Arkansas                 A Bill
2 95th General Assembly

3 Regular Session, 2025                                            SENATE BILL 495

4

5 By: Senator J. Bryant

6 By: Representative Eaton

7

8                           For An Act To Be Entitled

9   AN ACT TO AMEND DEFINITIONS USED UNDER THE ARKANSAS

10  TOBACCO PRODUCTS TAX ACT OF 1977; TO AMEND THE

11  DEFINITION OF "INVOICE" AND THE DEFINITION OF

12  "INVOICE PRICE" USED UNDER THE ARKANSAS TOBACCO

13  PRODUCTS TAX ACT OF 1977; AND FOR OTHER PURPOSES.

14

15

16                                  Subtitle

17                       TO AMEND DEFINITIONS USED UNDER THE

18                       ARKANSAS TOBACCO PRODUCTS TAX ACT OF

19                       1977; AND TO AMEND THE DEFINITION OF

20                       "INVOICE" AND THE DEFINITION OF "INVOICE

21                       PRICE" USED UNDER THE ARKANSAS TOBACCO

22                       PRODUCTS TAX ACT OF 1977.

23

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

25

26  SECTION 1. Arkansas Code � 26-57-203(15) and (16), concerning the

27 definitions to be used under the Arkansas Tobacco Products Tax Act of 1977,

28 are amended to read as follows:

29  (15) "Invoice" means documentation that is:

30                       (A) Made contemporaneously with a sale or purchase of

31 tobacco products, vapor products, alternative nicotine products, or e-liquid

32 products; and

33                       (B) Sufficient to show an itemized list of the specific

34 merchandise or inventory shipped, purchased, or sold, including without

35 limitation the quantity and prices charged; and

36                       (C) Sufficient to identify the parties to the transaction,

    *JLL109*                                                     03/17/2025 5:24:19 PM JLL109
                                                                            SB495

1 including without limitation:

2                         (i) The physical address of the permitted wholesaler

3 or the permitted manufacturer selling the tobacco products, vapor products,

4 alternative nicotine products, or e-liquid products;

5                         (ii) The permit number of the permitted wholesaler

6 or the permitted manufacturer selling the tobacco products, vapor products,

7 alternative nicotine products, or e-liquid products;

8                         (iii) The physical address of the permitted retailer

9 or wholesaler purchasing the tobacco products, vapor products, alternative

10 nicotine products, or e-liquid products; and

11                        (iv) The permit number of the permitted retailer or

12 wholesaler purchasing the tobacco products, vapor products, alternative

13 nicotine products, or e-liquid products;

14  (16)(A) "Invoice price" means the price that a wholesaler or

15 retailer of tobacco products, vapor products, alternative nicotine products,

16 or e-liquid products pays to a manufacturer, importer, distributor, or any

17 other seller to acquire tobacco products, vapor products, alternative

18 nicotine products, or e-liquid products that the purchaser subsequently sells

19 in the state.

20                (B) In the absence of proof by the person possessing the

21 tobacco products, vapor products, alternative nicotine products, or e-liquid

22 products of the price at which the tobacco products, vapor products,

23 alternative nicotine products, or e-liquid products were purchased, "invoice

24 price" shall be the highest price, in the normal course of business and

25 before any discount, at which: the

26                        (i) The manufacturer of the tobacco products, vapor

27 products, alternative nicotine products, or e-liquid products sells the

28 tobacco products, vapor products, alternative nicotine products, or e-liquid

29 products in question; or

30                        (ii) In the absence of the information required

31 under subdivision (16)(B)(i) of this section, a similar wholesaler or

32 retailer that sells the same or comparable tobacco products, vapor products,

33 alternative nicotine products, or e-liquid products sells the same or

34 comparable tobacco products, vapor products, alternative nicotine products,

35 or e-liquid products.

36

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