Current with legislation from 2024 Fiscal and Special Sessions.
Section 26-54-104 - Annual franchise tax(a) Unless exempted under § 26-54-105, every corporation shall file an annual franchise tax report and pay an annual franchise tax as follows: (1)(A) Each life, fire, accident, surety, liability, steam boiler, tornado, health, or other kind of insurance company of whatever nature, having an outstanding capital stock of less than five hundred thousand dollars ($500,000) shall pay three hundred dollars ($300).(B) Each company having an outstanding capital stock of five hundred thousand dollars ($500,000) or more shall pay four hundred dollars ($400);(2)(A) Each legal reserve mutual insurance corporation having assets of less than one hundred million dollars ($100,000,000) shall pay three hundred dollars ($300).(B) Each corporation having assets of one hundred million dollars ($100,000,000) or more shall pay four hundred dollars ($400);(3) Each mutual assessment insurance corporation shall pay three hundred dollars ($300);(4)(A) Each mortgage loan corporation shall pay an amount equivalent to three-tenths of one percent (0.3%) of that proportion of the par value of its outstanding capital stock that its aggregate outstanding loans made in Arkansas bears to the total aggregate outstanding loans made in all states.(B) No corporation shall pay an annual tax of less than three hundred dollars ($300);(5) Each corporation, other than those in subdivisions (2)-(4) of this section, without authorized capital stock shall pay three hundred dollars ($300);(6)(A) Each corporation, other than those in subdivisions (1)-(5) of this section, shall pay an amount equivalent to three-tenths of one percent (0.3%) of that proportion of the par value of its outstanding capital stock that the value of its real and personal property in Arkansas bears to the total value of the real and personal property of the corporation.(B) No corporation shall pay an annual tax of less than one hundred fifty dollars ($150);(7) Each corporation actually and actively in the process of liquidation and which does not rent or lease its property but which retains its corporate charter or authority for the sole purpose of winding up its affairs shall pay an annual tax as provided in subdivision (6) of this section or an amount equivalent to three-tenths of one percent (0.3%) of the value of its real and tangible personal property in Arkansas, whichever is smaller, but in no instance shall the tax be less than one hundred fifty dollars ($150); and(8) An organization formed pursuant to the Uniform Limited Liability Company Act, § 4-38-101 et seq., shall pay the minimum franchise tax.(b)(1) In addition to the filing fees prescribed by law, the Secretary of State shall collect a processing fee for each document required under this chapter when delivered by electronic means.(2) The processing fee collected by the Secretary of State under subdivision (b)(1) of this section shall be: (A) Four dollars ($4.00) when the filing fee is fifty dollars ($50.00) or less;(B) Five dollars ($5.00) when the filing fee is between fifty-one dollars ($51.00) and one hundred sixty-seven dollars ($167); and(C) Three percent (3%) of the total amount of the filing fee if the filing fee is more than one hundred sixty-seven dollars ($167).Amended by Act 2023, No. 459,§ 5, eff. 8/1/2023.Amended by Act 2021, No. 1041,§ 34, eff. 7/28/2021.Acts 1979, No. 889, § 3; 1983, No. 863, § 1; A.S.A. 1947, § 84-1835; Acts 1987 (1st Ex. Sess.), No. 29, § 1; 1993, No. 1285, §§ 3, 4; 1997, No. 479, § 9; 1997, No. 1104, § 3; 2003 (2nd Ex. Sess.), No. 94, § 1.