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AR SB331

Bill

Status

Failed

4/27/2011

Primary Sponsor

Jake Files

Click for details

Origin

Senate

88th General Assembly (2011 Regular)

AI Summary

  • Amends Arkansas Code § 26-52-402(a)(2) to clarify that machinery purchased to replace existing machinery includes partial replacements, additions, or enhancements that improve efficiency, modernize obsolete equipment, or expand manufacturing facilities within the state.

  • Defines "substantially all" machinery replacement to exclude routine repairs and maintenance while allowing economically adapted or refurbished foundations and minor components rather than complete replacement when full replacement is impracticable or expensive.

  • Makes identical amendments to Arkansas Code Section 26-53-114(a)(2) regarding compensating use taxation of manufacturing machinery and equipment with the same clarifications and definitions.

  • Declares an emergency clause, citing disputes between the Department of Finance and Administration and Arkansas manufacturers over the meaning of the manufacturing machinery exemption, particularly regarding modernization and efficiency improvements without full machine replacement.

  • Establishes the intent to encourage location of new manufacturing plants in Arkansas, expansion of existing plants, and modernization through replacement of old, inefficient, or technologically obsolete machinery and equipment.

Legislative Description

To Clarify The Exemption From Sales And Use Tax For Replacements Of Manufacturing Machinery And Equipment That Improve, Modernize, And Expand Existing Facilities And To Declare An Emergency.

Last Action

Senate Sine Die adjournment

4/27/2011

Committee Referrals

Revenue & Taxation2/15/2011

Full Bill Text

No bill text available