Current through Register Vol. 49, No. 9, September, 2024
Pursuant to the authority granted by Act 474 of 1999, the
Director of the. Department of Finance and Administration, in compliance with
Ark. Code Ann. §
25-15-204,
does hereby promulgate the following rules and regulations for the enforcement
and administration of Arkansas law.
A.
DEFINITIONS. For purposes of this regulation, unless otherwise
required by their context, the following definitions apply:
(1) SURCHARGE. The term 'surcharge" means a
fee to be collected at the rate of fifty cents ($.50) per each one thousand
dollars ($1,000) of construction authorized on non-residential construction
permits issued by a political subdivision.
(2) NON-RESIDENTIAL CONSTRUCTION PERMIT. The
term "nonresidential construction permit" means any construction permit issued
by a political subdivision of this state for a non-residential construction
project.
(3) NON-RESIDENTIAL
CONSTRUCTION PROJECT. The term "nonresidential construction project" means
construction of a building or structure for any use other than a residential
construction project.
(4)
RESIDENTIAL CONSTRUCTION PROJECT. The term "residential construction project"
means any project consisting of one (1) but not more than four (4) units of new
construction for residential occupancy. (The term "unit" includes any building
or structure intended for use as a residence or living quarters for an
individual or their family, and shall include any storage buildings, utility
buildings, garages or fences appurtenant thereto.)
B.
EFFECTIVE DATE.
Effective August 1, 1999, every political subdivision of this
state shall collect a surcharge in the amount of fifty cents ($.50) per each
one thousand dollars ($1,000) of construction authorized on any non-residential
construction permit issued by any political subdivision of tins state. Each
subdivision of tins state shall be limited to collecting a maximum surcharge of
one thousand dollars ($ 1,000) on each non-residential construction project
receiving a permit.
C.
ADMINISTRATION.
(1) The office
of the political subdivision issuing the pennit is responsible for remitting
the surcharge to the Department of Finance and Administration,
Miscellaneous Tax Section. This remittance must be made by the
fifteenth (15th) day of the month following the
month in which the fee was collected. The remittance shall be made on reports
prescribed by the Director.
(2) The political subdivision shall retain
five percent (5%) of each permit surcharge to cover the cost of
administration.
D.
AUDIT AND RECORDS
(1) Each
political subdivision shall submit a report with remittance of the surcharge to
the Department on the fifteenth (15) day of the month following collection of
the surcharge. The report shall detail the total dollar amount of
non-residential construction permits issued by the political subdivision for
the month, the total dollar amount of surcharge remitted to the Department for
the month, the total dollar amount retained by the political subdivision for
administrative cost and any other information requested by the Department
related to the collection of the surcharge.
(2) The Department of Finance and
Administration shall audit and administer the surcharge in accordance with the
Arkansas Tax Procedure Act, Ark. Code Ann. §
26-18-101 et
seq.
(3) Each political subdivision
of the state is required to maintain records relating to the issuance of
non-residential construction permits and the collection of the surcharge from
such issuances in accordance with the record keeping requirements of the
Arkansas Tax Procedure Act.
