Arkansas COVID-19 guidance on estimated payments and nontaxability of Recovery Rebates; possible exemption for agricultural Market Facilitation Payments

There are handful of updates since our detailed coverage of Arkansas tax filing and payment extensions associated with COVID-19: (1) 2020 Q1 Arkansas income tax estimated payment guidance, (2) nontaxability of IRS stimulus checks; and (3) possible exemption from income tax of USDA Market Facilitation Program payments. [More]

Arkansas DFA legal opinion effectively adopts convenience of the employer test

With telework on the rise, the state taxation of remote employees has become a hot issue. The Arkansas Department of Finance and Administration has now published Revenue Legal Counsel Opinion no. 20200203 (Feb. 20, 2020), which adopts what is effectively a "convenience of the employer" test imposing income tax on remote, out-of-state employee income where the employee is working for an Arkansas-based office. This policy marks an apparent reversal of the position laid out in DFA's Individual Income Tax Regulation 1.26-52-202(c), which requires allocation of nonresident employment income based on where the work was performed. [More]

Arkansas COVID-19 Tax Extensions - Individuals & Passthroughs Delayed; Corporations Not (Except for Franchise Tax)

So far Arkansas is taking a limited approach to tax deadline extensions compared with other states, with the relief focused on individuals and small businesses:
- 2019 individual, passthrough, and fiduciary/estate income tax returns and payments extended to July 15.
- 2019 corporate income tax returns not extended.
- 2020 income tax estimated payments not extended (including estimated payments for individuals).
- Sales tax or excise tax reporting and payment deadlines not extended.
- Franchise tax late payment penalties and interest waived if filed and paid by July 15.
- Property tax payment deadline of October 15 and personal property rendition due May 31 have not been extended. [More]

DFA ALJ Denies Arm's Length Exception to Related-Party Interest Addback

The recent Administrative Decision of the Arkansas Department of Finance and Administration Office of Hearings and Appeals in dockets 20-109 and 20-110 (Dec. 9, 2019) highlights the challenge involved obtaining a refund on an amended return claiming an exception to the addback statute. Intercompany interest charges face substantial scrutiny, and taxpayers will need to be prepared to provide comprehensive documentation to claim an exception to add-back, and particularly if the intercompany interest is at a higher rate than the corporate group's third-party financing. [More]