§ 26-52-510
               	 		
LexisNexis Practice Insights
      Direct Pay Permits are Allowed by Arkansas
26-52-510.    Direct payment of tax by consumer-user -- New and used motor vehicles, trailers, or semitrailers.
    (a)    (1)  On  or before the time for registration as prescribed by    27-14-903(a), a  consumer shall pay to the Director of the Department of Finance and  Administration the tax levied by this chapter and all other gross  receipts taxes levied by the state with respect to the sale of a new or  used motor vehicle, trailer, or semitrailer required to be licensed in  this state, instead of the taxes being collected by the dealer or  seller.
      (2)  The director shall  require the payment of the taxes at the time of registration before  issuing a license for the new or used motor vehicle, trailer, or  semitrailer.
      (3)    (A)  The  taxes apply regardless of whether the motor vehicle, trailer, or  semitrailer is sold by a vehicle dealer or an individual, corporation,  or partnership not licensed as a vehicle dealer.
            (B)  The exemption in    26-52-401(17) for isolated sales does not apply to the sale of a motor vehicle, trailer, or semitrailer.
      (4)  If the consumer fails to pay the taxes when due:
            (A)  There is assessed a penalty equal to ten percent (10%) of the amount of taxes due; and
            (B)  Before  the director issues a license for the motor vehicle, trailer, or  semitrailer, the consumer shall pay to the director the penalty under  subdivision (a)(4)(A) of this section and the taxes due.
(b)    (1)    (A)  Except  as provided in this section, when a used motor vehicle, trailer, or  semitrailer is taken in trade as a credit or part payment on the sale of  a new or used motor vehicle, trailer, or semitrailer, the tax levied by  this chapter and all other gross receipts taxes levied by the state  shall be paid on the net difference between the total consideration for  the new or used vehicle, trailer, or semitrailer sold and the credit for  the used vehicle, trailer, or semitrailer taken in trade.
            (B)  However,  if the total consideration for the sale of the new or used motor  vehicle, trailer, or semitrailer is less than two thousand five hundred  dollars ($2,500), no tax shall be due.
            (C)    (i)  When  a used motor vehicle, trailer, or semitrailer is sold by a consumer,  rather than traded-in as a credit or part payment on the sale of a new  or used motor vehicle, trailer, or semitrailer, and the consumer  subsequently purchases a new or used vehicle, trailer, or semitrailer of  greater value within forty-five (45) days of the sale, the tax levied  by this chapter and all other gross receipts taxes levied by the state  shall be paid on the net difference between the total consideration for  the new or used vehicle, trailer, or semitrailer purchased subsequently  and the amount received from the sale of the used vehicle, trailer, or  semitrailer sold in lieu of a trade-in.
                  (ii)    (a)  Upon  registration of the new or used motor vehicle, a consumer claiming the  deduction provided by subdivision (b)(1)(C)(i) of this section shall  provide a bill of sale signed by all parties to the transaction which  reflects the total consideration paid to the seller for the vehicle.
                        (b)  A  copy of the bill of sale shall be deposited with the revenue office at  the time of registration of the new or used motor vehicle.
                        (c)  The  deduction provided by this section shall not be allowed unless the  taxpayer claiming the deduction provides a copy of a bill of sale signed  by all parties to the transaction which reflects the total  consideration paid to the seller for the vehicle.
                  (iii)  If  the taxpayer claiming the deduction provided in this section fails to  provide a bill of sale signed by all parties to the transaction which  reflects the total consideration paid to the seller for the vehicle, tax  shall be due on the total consideration paid for the new or used  vehicle, trailer, or semitrailer without any deduction for the value of  the item sold.
      (2)    (A)    (i)  When  a motor vehicle dealer removes a vehicle from its inventory and the  vehicle is used by the dealership as a service vehicle, the dealer shall  register the vehicle, obtain a certificate of title, and pay sales tax  on the listed retail price of the new vehicle.
                  (ii)    (a)  When  the motor vehicle dealer returns the service vehicle to inventory as a  used vehicle and replaces it with a new vehicle for dealership use as a  service vehicle, the dealer shall pay sales tax on the difference  between the listed retail price of the new service vehicle to be used by  the dealership and the value of the used service vehicle being returned  to inventory.
                        (b)  The  value of the used service vehicle shall be the highest listed wholesale  price reflected in the most current edition of the National Automotive  Dealers Association's Official Used Car Guide.
            (B)    (i)  As  used in this subsection, "service vehicle" means a motor vehicle driven  exclusively by an employee of the dealership and used either to  transport dealership customers or dealership parts and equipment.
                  (ii)  "Service  vehicle" does not include motor vehicles which are rented by the  dealership, used as demonstration vehicles, used by dealership employees  for personal use, or used to haul or pull other vehicles.
(c)  All  parts and accessories purchased by motor vehicle sellers for resale or  used by them for the reconditioning or rebuilding of used motor vehicles  intended for resale are exempt from gross receipts tax, provided that  the motor vehicle seller meets the requirements of    26-52-401(12)(A)  and applicable regulations promulgated by the director.
(d)  Nothing in this section shall be construed to repeal any exemption from this chapter.
(e)  A  credit is not allowed for sales or use taxes paid to another state with  respect to the purchase of a motor vehicle, trailer, or semitrailer  that was first registered by the purchaser in Arkansas.
(f)    (1)    (A)  Any  motor vehicle dealer licensed pursuant to    27-14-601(a)(6) who has  purchased a used motor vehicle upon payment of all applicable  registration and title fees may register the vehicle for the sole  purpose of obtaining a certificate of title to the vehicle without  payment of gross receipts tax, except as provided in subdivision  (f)(1)(B) of this section.
            (B)    (i)  The  sale of a motor vehicle from the original franchise dealer to any other  dealer, person, corporation, or other entity other than a franchise  dealer of the same make of vehicle and which sale is reflected on the  statement of origin shall be subject to gross receipts tax.
                  (ii)  The  vehicle shall be considered a used motor vehicle which shall be  registered and titled, and tax shall be paid at the time of  registration.
                  (iii)  The provisions of subdivision (f)(1)(A) of this section shall not apply in those instances.
      (2)  No  license plate shall be provided with the registration, and the used  vehicle titled by a dealer under this subsection may not be operated on  the public highways unless there is displayed on the used vehicle a  dealer's license plate issued under the provisions of     27-14-601(a)(6)(B)(ii).
(g)    (1)    (A)  For  purposes of this section, the total consideration for a used motor  vehicle shall be presumed to be the greater of the actual sales price as  provided on the bill of sale, invoice or financing agreement, or the  average loan value price of the vehicle as listed in the most current  edition of a publication which is generally accepted by the industry as  providing an accurate valuation of used vehicles.
            (B)  If  the published loan value exceeds the invoiced price, then the taxpayer  must establish to the director's satisfaction that the price reflected  on the invoice or other document is true and correct.
            (C)  If  the director determines that the invoiced price is not the actual  selling price of the vehicle, then the total consideration will be  deemed to be the published loan value.
      (2)    (A)  For  purposes of this section, the total consideration for a new or used  trailer or semitrailer shall be the actual sales price as provided on a  bill of sale, invoice, or financing agreement.
            (B)  The  director may require additional information to conclusively establish  the true selling price of the new or used trailer or semitrailer.