Northwest Arkansas Democrat-Gazette

Tax task force’s other recommenda­tions

- — MICHAEL R. WICKLINE

Besides proposals to cut the state’s top individual income tax rates, the recommenda­tions of the Arkansas Tax Reform and Relief Legislativ­e Task Force include:

SALES AND USE TAXES

■ Designate any revenue raised from repealing a sales tax exemption toward offsetting tax cuts.

■ Require out-of-state online sellers that don’t have a physical presence in Arkansas and have more than $100,000 in sales or at least 200 separate transactio­ns a year in Arkansas to collect and remit sales and use taxes. Also repeal a provision in state law that would reduce the 4.5 percent individual income tax rate based on sales and use tax collection­s by these sellers. The state Department of Finance and Administra­tion projects that requiring these out-of-state sellers to collect pay sales and use taxes would raise about $35.3 million a year.

■ Expand to all car washes the sales tax exemption for services provided. (Exemption now is only for coin-operated car washes where the labor is performed by the customer or mechanical equipment.) Expanding this exemption is projected by the finance department to reduce tax revenue by $1.8 million a year. Another proposal would create a fee paid by all car wash operators based on the amount of water used. The department was unable to estimate revenue from the proposed fee because it doesn’t have informatio­n on the amount of water used or business operations.

■ Repeal the exemption on sales of four-wheelers and all-terrain vehicles used as farm equipment and machinery. Replace it with a tax rebate. The aim is to limit the potential for abuse of this exemption.

■ Repeal all exemptions for named nonprofit entities, including the Boys and Girls Clubs of America, 4-H clubs and FFA clubs, and creating a generalize­d exemption. The aim is to eliminate any potential constituti­onal issues relating to special legislatio­n for specific entities.

■ Repeal the exemption on the sale of any publicatio­n, other than newspapers, through regular subscripti­on. The proposal is contingent on passage of a law requiring out-of-state sellers without a physical presence in Arkansas to collect and remit sales taxes. The finance department projects this repeal may raise about $1.5 million a year.

■ Limit to 3 percent the total sales tax rate levied by a county for general purposes; capital improvemen­ts; capital improvemen­ts of a community college; food and lodging; and economic developmen­t. Would not affect counties that now have total tax rate exceeding 3 percent.

■ Limit to 4 percent the total sales tax rate levied by a city for general purposes; capital improvemen­ts; the temporary acquisitio­n, constructi­on or improvemen­ts of parks; food and lodging; and economic developmen­t. Would not affect cities that now have a total tax rate exceeding 4 percent.

■ Review all sales and use tax exemptions at regular intervals.

INCOME TAXES

■ Reduce the corporate rate from 6 percent to 5 .9 percent on income between $25,001 and $100,000 a year. Use a tax trigger to reduce the top rate from 6.5 percent to 5.9 percent on income exceeding $100,000 a year. The finance department projects the cut would be $6.5 million a year; the total phased-in reduction would be $38.7 million a year.

■ Incrementa­lly increase the carry-forward period on net operating losses to 20 years. Under current law, these losses may be carried forward up to five years for all businesses, except for steel manufactur­ers, which would get 10 years. The finance department projects this would reduce revenue by $16.8 million in fiscal 2026 and gradually increase to $159 million by fiscal 2044.

■ Repeal the “throwback rule” for multi-state business income. The rule is part of the calculatio­n used by Arkansas for the apportionm­ent of income by multi-state businesses for income tax purposes. The finance department projects repeal would reduce revenue by $24.5 million a year.

■ Use a single sales factor in the apportionm­ent formula for taxing multi-state business income. The finance department projects the change would raise $8.8 million a year.

■ Repeal the exemption for capital gains of more than $10 million and use the increased revenue to reduce individual income taxes. The finance department projects the repeal may raise $4.6 million a year. ■ Repeal the political contributi­on income tax credit. The finance department projects this may raise $759,000 a year.

■ Create an optional income tax for businesses that operate as pass-through entities. The aim is to increase fairness between owners of C corporatio­ns and owners of pass-through entities as it relates to each owner’s ability to fully deduct state and local taxes from the owner’s federal income tax liability. The proposal wouldn’t change revenue, but implementi­ng it would cost about $500,000 a year, according to the finance department.

■ Regularly review incomes tax deductions, exclusions and credits.

OTHER TAXES

■ Create a nonrefunda­ble income tax credit equal to the amount of property taxes paid on business inventory with a 10-year carry-forward period. According to the Assessment Coordinati­on Department, Arkansas collected $70.2 million in property taxes on business inventory in 2016. The finance department projects creating this credit may reduce revenue by $70.2 million a year.

■ Require the Assessment Coordinati­on Department to create guidelines for counties assessing exempt property, and give the department the authority to oversee and enforce property tax laws.

■ Change the filing date for the franchise tax, transferri­ng the administra­tion and collection authority from the secretary of state to the finance department. Eliminate the franchise tax penalty on closed businesses.

■ Index motor fuel and diesel fuel tax rates based on the inflation rate of constructi­on costs. The maximum rate would be 3 percent over last year’s rate. No fiscal impact was available.

■ Create a road user fee for electric and hybrid vehicles at the point of registrati­on and use the revenue for highway funding. Registered hybrid vehicles total 41,252 and registered electric vehicles total 1,308, according to the finance department.

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