§ 15-4-1906 - Refund of sales and use tax -- Income tax credit.
               	 		
15-4-1906.    Refund of sales and use tax -- Income tax credit.
    (a)    (1)  The  Revenue Division of the Department of Finance and Administration shall  authorize a refund of sales and use taxes imposed by the state and a  municipality or county if the municipality or county authorized the  refund of its local tax on the purchases of the material used in the  construction of a building or buildings or any addition or improvement  thereon for housing any legitimate business enterprise and machinery and  equipment to be located in or in connection with such a building.
      (2)  A refund shall not be authorized for routine operating expenditures.
      (3)    (A)    (i)  A  refund shall not be authorized for the purchase of replacements of  items previously purchased as part of a project under this subchapter  unless the items previously purchased will not enable the project to  function as originally intended.
                  (ii)  In  order to qualify for a refund under this subchapter, the replacement of  an item previously purchased must be necessary for the implementation  or completion of the project.
            (B)  However,  a program participant may make changes in a project by amendment to the  financial incentive plan entered into with the Arkansas Economic  Development Commission.
      (4)    (A)  All  claims for sales and use tax refunds under this subchapter shall be  filed with the division within three (3) years from the date of the  qualified purchase or purchases.
            (B)  Claims filed after three (3) years from the date of the qualified purchase or purchases shall be disallowed.
      (5)    (A)  The time limitation in this section for filing claims shall be tolled if:
                  (i)  A program participant fails to pay sales or use tax on an item that was taxable; and
                  (ii)  The applicable tax is subsequently assessed as a result of an audit by the division.
            (B)  All  claims for sales and use tax refunds relating to an audited purchase  shall be filed with the division within one (1) year after payment of  the assessed tax or the date of a final administrative or judicial  order, whichever is later.
      (6)  A  program participant that files a claim for a sales or use tax refund  relating to an audited purchase shall be entitled to a refund of  interest paid on the amount of tax assessed on the audited purchase if a  refund is approved for the purchase.
(b)    (1)  A sales and use tax refund as provided for in subsection (a) of this section shall be authorized, provided that:
            (A)  The company is an eligible business as defined in    15-4-1902;
            (B)  The  business and its contractors give preference and priority to Arkansas  manufacturers, suppliers, contractors, and labor, except when it is not  reasonably possible to do so without added expense, substantial  inconvenience, or sacrifice in operational efficiency; and
            (C)    (i)  The business:
                        (a)  Files an endorsement resolution with the commission and the Department of Finance and Administration; and
                        (b)  Files with the department a copy of the financial incentive plan the business entered into with the commission.
                  (ii)  The  endorsement resolution must be approved by the governing body of a  municipality or county in whose jurisdiction the facility is located and  must:
                        (a)  Approve the specific entity's participation in the program; and
                        (b)    (1)  Specifically  state whether the municipality or county authorizes the commission to  refund local sales and use taxes to the entity under the program.
                              (2 )  A  municipality or county can authorize the refund of all or part of a tax  levied by it but cannot authorize the refund of any tax not levied by  it.
      (2)    (A)  The requisite  number of net new full-time permanent employees must be employed by the  business within twenty-four (24) months following the date the  financial incentive plan was signed.
            (B)  In  the event that the requisite number of net new full-time permanent  employees cannot be employed within the twenty-four-month period, the  business can file a written application with the commission explaining  why additional time is necessary. The business can be afforded up to  twenty-four (24) more months to hire the requisite number of employees  if the Director of the Arkansas Economic Development Commission and the  Chief Fiscal Officer of the State determine that the need for additional  time is due to:
                  (i)  Unanticipated and unavoidable delay in the construction of a facility that must be completed before the employees can be hired;
                  (ii)  The project as originally planned will require more than twenty-four (24) months to complete; or
                  (iii)  A change in the business ownership or business structure due to a merger or acquisition.
(c)    (1)    (A)  The  division shall authorize an income tax credit based on the total  investment in land, buildings, and equipment divided by the term of the  financial incentive plan for each tax year.
            (B)    (i)  The  amount of income tax credit taken during any tax year shall not exceed  the Arkansas income tax liability resulting from the project plant or  facility.
                  (ii)  The income  tax liability of the project plant or facility shall be determined by  adding the sales factor, the payroll factor, and the property factor of  the plant or facility and dividing the sum by three (3) to arrive at the  project apportionment percentage. The total Arkansas corporate income  tax liability of the corporation shall be multiplied by the project  apportionment percentage to arrive at the income tax liability arising  from the project.
                  (iii)  The  income tax credit available may then be used to offset the income tax  liability arising from the project as agreed upon in the financial  incentive plan.
      (2)  However, if  the entire credit cannot be used in the year earned, the remainder may  be applied against the income tax for the succeeding nine (9) tax years  or until the financial incentive plan expires, whichever occurs first.
(d)  An income tax credit as provided for in subsection (c) of this section shall be authorized, provided that:
      (1)  The  request for such a credit is accompanied by an endorsement resolution  approved by the governing body of the appropriate municipality or county  in whose jurisdiction the establishment is to be located and a copy of  the financial incentive plan the business entered into with the  commission;
      (2)  All of the net new full-time permanent employees are employed at the facility; and
      (3)  Benefits  for the same project are not being claimed under the Arkansas Economic  Development Incentive Act of 1993,    15-4-1601 et seq.
(e)    (1)    (A)  If  the number of net new full-time permanent employees drops below one  hundred (100) after twenty-four (24) months from the date the financial  incentive plan is signed, all benefits under the financial incentive  plan will be terminated unless the Chief Fiscal Officer of the State  approves a written request filed by the business explaining why the  number of net new full-time permanent employees fell below one hundred  (100).
            (B)  The Chief Fiscal  Officer of the State may grant the business up to twenty-four (24)  months to bring the number of net new full-time permanent employees back  up to at least one hundred (100) and may approve the continuation of  the benefits during that period.
      (2)  In  the event that a business fails to notify the department that the  number of employees has fallen below one hundred (100) or that the  average hourly wage has fallen below the amount specified in the  financial incentive plan, the business will be liable for the repayment  of all benefits which were received by the business, plus penalty and  interest.
(f)    (1)  Any  business receiving benefits under this program shall be liable for the  repayment of any benefits received, plus penalty and interest, if it  does not comply with:
            (A)  The terms of the financial incentive plan;
            (B)  The requirements of this subchapter; or
            (C)  Any rule or regulation promulgated pursuant to this subchapter.
      (2)  The Chief Fiscal Officer of the State may bring any lawful action to recover any amount for which the recipient is liable.