§ 26-18-104 - Definitions.
               	 		
26-18-104.    Definitions.
    As used in this chapter:
      (1)  "Assessment"  means the determination and imposition of the amount of any state tax  due and owing, whether made on a return filed by a taxpayer or by the  Director of the Department of Finance and Administration on audit or  otherwise;
      (2)  "Corporation" means an organization, other than a partnership, defined as follows:
            (A)  Created or organized under the laws of Arkansas; or
            (B)  Qualified  to do or doing business in Arkansas, whether or not for profit, in a  corporate or organized capacity, by virtue of creation or organization  under the laws of the United States or some state, territory, district,  or of a foreign country;
            (C)  Associations, joint-stock companies, insurance companies, including surety and bond companies;
            (D)  Unless otherwise expressly stated, common law or statutory trusts;
            (E)  All  other business organizations or entities which are organized for profit  when the business is conducted by a trustee, or when the interest or  ownership in the business is evidenced by a certificate, declaration of  trust, or other written instrument; and
            (F)  National  banking associations, state banks, and trust companies, state or  national savings and loan associations, or building and loan  associations;
      (3)  "Decision of  the director" means any order, ruling, finding, regulation, or action  taken by the director in the administration and enforcement of any state  tax law;
      (4)  "Director" means  the Director of the Department of Finance and Administration, State of  Arkansas, or the Administrative Assistant for Revenue, or his or her  authorized agent;
      (5)  "Excise tax" means any state tax other than an individual, corporate, or fiduciary income tax;
      (6)  "Fiduciary"  means a guardian, trustee, executor, administrator, receiver,  conservator, or any other person, whether individual or corporate,  acting in any fiduciary capacity for any person, trust, or estate;
      (7)  "Individual" means a natural person;
      (8)  "Noncompliant taxpayer" means any taxpayer who has failed to:
            (A)  File two (2) returns during any consecutive twenty-four-month period for:
                  (i)  Gross receipts or compensating use tax; or
                  (ii)  State income tax withholding for employees; or
            (B)  Pay  the tax reported on the tax return or determined by the Department of  Finance and Administration to be due for any two (2) months during any  consecutive twenty-four-month period for:
                  (i)  Gross receipts or compensating use tax; or
                  (ii)  State income tax withholding for employees;
      (9)  "Overpayment"  means the amount of any state tax paid in excess of the amount required  to be paid under the particular state tax law in question;
      (10)    (A)  "Partnership"  includes a syndicate, group, pool, joint venture, or other  unincorporated organization, through or by means of which any business,  financial operation, or venture is carried on, and which is not a trust  or estate or classed as a corporation within the provisions of this  chapter.
            (B)  "Partner" includes a member of a syndicate, group, pool, joint venture, or organization;
      (11)    (A)  "Person" means an individual, trust, estate, fiduciary, firm, partnership, limited liability company, or corporation.
            (B)  "Person" shall include:
                  (i)  The directors, officers, agents, and employees of any person;
                  (ii)  Beneficiaries, members, managers, and partners; and
                  (iii)  Any county or municipal subdivision of the state;
      (12)    (A)  "Return"  means any tax or information return, report, declaration of estimated  tax, or claim for refund required by, or provided for or permitted  under, the provisions of any state tax law which is filed with the  director by, on behalf of, or with respect to any person, and any  amendment or supplement to a tax or information return, report,  declaration of estimated tax, or claim for refund, including supporting  schedules, attachments, or lists which are supplemental to, or part of,  the return so filed.
            (B)  "Return" does not include:
                  (i)  An application for any motor vehicle registration or license or any operator's or chauffeur's license;
                  (ii)  A list showing the issuance of any motor vehicle registration or license or any operator's or chauffeur's license; or
                  (iii)  Any information relating to any motor vehicle registration or license or any operator's or chauffeur's license;
      (13)  "State  tax" means any tax, or any fee for a license, permit, or registration  which is payable to, collected by, or administered by the Revenue  Division, Department of Finance and Administration, State of Arkansas;
      (14)  "State  tax law" means this chapter and any other law of the State of Arkansas  which levies, imposes, or relates procedurally or otherwise to any state  tax;
      (15)  "Tax deficiency" or "deficiency" means the amount by which the tax imposed by any state tax exceeds the excess of the sum of:
            (A)  The amount shown as the tax by the taxpayer on his or her return if a return was made by the taxpayer; plus
            (B)  The amounts previously assessed or collected without assessment as a deficiency;
      (16)  "Taxpayer" means:
            (A)  Any person subject to or liable for any state tax;
            (B)  Any person required to file a return, to pay, or to withhold and remit any tax required by the provisions of any state tax law;
            (C)  Any person required to obtain a license or a permit or to keep any records under any state tax law; or
            (D)  Any person who files a return and pays a reported tax without regard to whether he or she was required to file the return;
      (17)    (A)  "Tax  return preparer" means any person who prepares for compensation, or who  employs one (1) or more persons to prepare for compensation, any state  tax return or claim for refund.
            (B)  For  purposes of this subdivision (17), the preparation of a substantial  portion of a return or claim for refund shall be treated as if it were  the preparation of the return or claim for refund; and
      (18)  "Underpayment"  means the difference between the state tax paid and the amount required  to be paid under the particular state tax law in question.