Incentives

Incentives

Arkansas has an array of nationally competitive incentives designed to assist a wide selection of qualifying new and existing businesses in various stages of growth. Factors considered include business/industrial capital investment, payroll, workforce development, and community support in preparing incentive proposals.

AEDC Rules and Regulations 2011

AEDC RULES AND REPORTS

The links below contain copies of AEDC Rules and Regulations filed with the Bureau of Legislative Research and the Arkansas Secretary of State's Office in 2013.

Digital Product and Motion Picture Industry Development Act Rules and Regulations

New Markets Jobs Act of 2013 Rules and Regulations

Existing Workforce Training Program (EWTP) Rules and Regulations

Regional Economic Development Partnership (REDP) Act Rules and Regulations

Act 1282 Report to the Arkansas Legislative Council

Replacement and Repair of Manufacturing Machinery and Equipment Sales and Use Tax Refund Rule

 

AEDC Project managers work on new-business projects throughout the state and can assist with questions regarding the state’s incentives.

INVESTMENT INCENTIVES

Tax Back (Sales and Use Tax Refund)

The Tax Back program provides sales and use tax refunds on the purchase of building materials and taxable machinery and equipment to qualified businesses investing at least $100,000 and either a) sign a job creation agreement under the Advantage Arkansas or Create Rebate programs within 24 months of signing the Tax Back agreement or b) have met the requirements of an Advantage Arkansas or Create Rebate agreement within the previous 48 months.

Applicants for Tax Back must also obtain an endorsement resolution from the local governing authority authorizing the refund of its local taxes. Applicants must meet the qualification criteria under the requisite Advantage Arkansas or Create Rebate program in which they are participating and must be approved by AEDC.

The refund of sales and use taxes shall not include the refund of taxes dedicated to the Educational Adequacy Fund provided in §19-5-1227 or the taxes dedicated to the Conservation Tax Fund provided in §19-6-484.

If you have any questions concerning the Tax Back Program, please call Hunter Hauk, AEDC Incentives Manager, at 501-682-1682.

 

InvestArk (Sales and Use Tax Credit)

The requirements for InvestArk are the same for all tiers. The InvestArk sales and use tax credit is available to businesses established in Arkansas for two years or longer which invest $5 million or more at a single location in plant or equipment for new construction, expansion, or modernization. A credit against the business' state direct-pay sales and use tax liability, equal to one-half percent (1/2%) above the state sales and use tax rate in effect at the time of application, is earned based on the total eligible project cost. Currently the percentage that may be earned as credit is 7% of eligible project expenditures. In any year, tax credits claimed under this program cannot exceed 50% of the business' sales and use tax liability on taxable purchases. All reported expenditures will be audited by the Arkansas Department of Finance and Administration.

The credit is earned in the year the eligible expenditure is made and can be applied against the business' state direct-pay sales and use tax liability in the year following the year of expenditure. Any unused credits may be carried forward for a period of up to five (5) years. Total project expenditures must be incurred within four (4) years of the date the project is approved by AEDC.

The business must be approved for the program prior to beginning construction or incurring eligible project costs and obtain a direct-pay sales and use tax permit from the State of Arkansas.

An application for the InvestArk program may be obtained by contacting Hunter Hauk, AEDC Incentives Manager, at 501-682-1682.

Eligibility

The InvestArk incentive is available to non-retail businesses engaged in commerce for profit that fall into one or more of the following categories:

  • Manufacturers in NAICS codes 31-33
  • Businesses primarily engaged in the design and development of prepackaged software, digital content production and preservation, computer processing, data preparation services or information retrieval services. Eligible computer-related businesses must derive at least 75% of their revenue from out-of-state sales
  • Businesses primarily engaged in motion picture production that derive at least 75% of their revenue from out-of-state sales
  • Distribution centers or intermodal facilities
  • Office sector businesses
  • National or regional corporate headquarters as classified in the NAICS code 551114
  • Firms primarily engaged in commercial, physical and biological research as classified in the NAICS code 541710
  • Scientific and technical services businesses that derive at least 75% of their revenue from out-of-state sales. The average hourly wage paid by these businesses must exceed 150% of the county or state average hourly wage, whichever is less.

JOB CREATION INCENTIVES

Arkansas's job-creation incentives are based on payroll and use a tier system based on poverty rate, unemployment rate, per capita personal income and population growth to determine qualification criteria and benefits. Tiers are assigned annually based on current data.

Consolidated Incentive Act Rules

Advantage Arkansas

(Income Tax Credit)

Advantage Arkansas offers a state income tax credit for job creation based on the payroll of new, full-time, permanent employees hired as a result of the project.

Tier

Payroll Threshold

Benefit Based on Payroll of New, Full-time, Permanent Employees

1

$125,000

1% of payroll

2

$100,000

2% of payroll

3

$75,000

3% of payroll

4

$50,000

4% of payroll

(See Tier Map)

 

 

 In all tiers, in order to qualify for the Advantage Arkansas program, the proposed average hourly wage of the new employees hired as a result of the project must be equal to or greater than the lowest county average hourly wage.  Currently, the average hourly wage threshold for the Advantage Arkansas program is $10.86.

The payroll threshold for qualifying for Advantage Arkansas and the benefit received depends on the tier in which the business locates or expands.

Arkansas's counties are ranked into four tiers based on poverty rate, population growth, per capita personal income and unemployment rate. (See Tier Map)

The Advantage Arkansas income tax credit is earned each tax year for a period of five years. The income tax credit cannot offset more than 50 percent of a business' income tax liability in any one year and may be carried forward for nine years beyond the tax year in which the credit was first earned. The credit begins in the tax year in which the new employees are hired. Employees must be Arkansas taxpayers.

If you have any questions concerning the Advantage Arkansas program, please call Hunter Hauk, AEDC Incentives Manager, at 501-682-1682.

Eligibility

The Advantage Arkansas incentive is available to non-retail businesses engaged in commerce for profit that fall into one or more of the following categories:

  • Manufacturers in NAICS codes 31-33
  • Businesses primarily engaged in the design and development of prepackaged software, digital content production and preservation, computer processing, data preparation services or information retrieval services. Eligible computer-related businesses must derive at least 75% of their revenue from out-of-state sales
  • Businesses primarily engaged in motion picture production that derive at least 75% of their revenue from out-of-state sales
  • Distribution centers or intermodal facilities
  • Office sector businesses
  • National or regional corporate headquarters as classified in the NAICS code 551114
  • Firms primarily engaged in commercial, physical and biological research as classified in the NAICS code 541710
  • Scientific and technical services businesses that derive at least 75% of their revenue from out-of-state sales. The average hourly wage paid by these businesses must exceed 150% of the county or state average hourly wage, whichever is less.

DISCRETIONARY INCENTIVES

(Negotiated by AEDC in highly competitive situations)

Create Rebate Program

The Create Rebate program may be offered at the discretion of the AEDC director in highly competitive situations.

Tier

Benefit Based on Payroll of New, Full-time, Permanent Employees

1

3.9%

2

4.25%

3

4.5%

4

5.0%

(See Tier Map)

 

Create Rebate provides annual cash payments based on a company's annual payroll for new, full-time, permanent employees. The benefit depends on the tier in which the company locates. (See Tier Map)

In all tiers, a minimum payroll of new, full-time, permanent employees of $2 million annually is required. The minimum payroll threshold must be met within 24 months of the effective date of the financial incentive agreement.  No benefits may be claimed until the $2 million annual payroll threshold is met.

The Create Rebate benefits are available after the business certifies to the Arkansas Department of Finance and Administration that it has fulfilled the minimum payroll requirements and the reported payroll has been verified by the Arkansas Department of Finance and Administration.

Eligibility

The Create Rebate incentive is available to non-retail businesses engaged in commerce for profit that fall into one or more of the following categories:

  • Manufacturers in NAICS codes 31-33
  • Businesses primarily engaged in the design and development of prepackaged software, digital content production and preservation, computer processing, data preparation services or information retrieval services. Eligible computer-related businesses must derive at least 75% of their revenue from out-of-state sales
  • Businesses primarily engaged in motion picture production that derive at least 75% of their revenue from out-of-state sales
  • Distribution centers or intermodal facilities
  • Office sector businesses that derive at least 75% of their revenue from out-of-state sales
  • National or regional corporate headquarters as classified in the NAICS code 551114
  • Firms primarily engaged in commercial, physical and biological research as classified in the NAICS code 541710
  • Scientific and technical services businesses that derive at least 75% of their revenue from out-of-state sales. The average hourly wage paid by these businesses must exceed 150% of the county or state average hourly wage, whichever is less.

If you have any questions concerning the Create Rebate Program, please call Hunter Hauk, AEDC Incentives Manager, at 501-682-1682.

ArkPlus

The ArkPlus program may be offered at the discretion of the director of the AEDC executive director in highly competitive situations.

Tier

Minimum Investment

Minimum Payroll

1

$5,000,000

$2,000,000

2

$3,750,000

$1,500,000

3

$3,000,000

$1,200,000

4

$2,000,000

$800,000

(See Tier Map)

 

 

ArkPlus is a state income tax credit program that provides tax credits of 10% of the total investment in a new location or expansion project.

ArkPlus requires both a minimum investment and a minimum payroll of new, full-time, permanent employees hired as a result of the project, depending on the tier in which the business locates. Arkansas's counties are ranked into four tiers based on poverty rate, population growth, per capita personal income and unemployment rate. (See Tier Map)  

Total project expenditures must be incurred within four (4) years of the date the project is approved by AEDC. New, full-time, permanent employees must be hired within 48 months of the date the financial agreement is signed.

The income tax credits may be used to offset 50% of the Arkansas income tax liability in the tax year the credit is earned. Any unused credits may be carried forward for nine (9) years beyond the tax year in which the credit was first earned.

Eligibility

The ArkPlus incentive is available to non-retail businesses engaged in commerce for profit that fall into one or more of the following categories:

  • Manufacturers in NAICS codes 31-33
  • Businesses primarily engaged in the design and development of prepackaged software, digital content production and preservation, computer processing, data preparation services or information retrieval services. Eligible computer-related businesses must derive at least 75% of their revenue from out-of-state sales
  • Businesses primarily engaged in motion picture production that derive at least 75% of their revenue from out-of-state sales
  • Distribution centers or intermodal facilities
  • Office sector businesses
  • National or regional corporate headquarters as classified in the NAICS code 551114
  • Firms primarily engaged in commercial, physical and biological research as classified in the NAICS code 541710
  • Scientific and technical services businesses that derive at least 75% of their revenue from out-of-state sales. The average hourly wage paid by these businesses must exceed 150% of the county or state average hourly wage, whichever is less.

If you have any questions concerning the ArkPlus Program, please call Hunter Hauk, AEDC Incentives Manager, at 501-682-1682.

TARGETED BUSINESS INCENTIVES

Qualified targeted businesses may be offered, at the AEDC executive director, three special incentives designed to help new, knowledge-based, start-up businesses:

  • A refund of sales and use taxes paid on the purchase of building materials and machinery and equipment associated with the approved project
  • A transferable income tax credit equal to 10% of payroll for up to five years
  • A transferable income tax credit equal to 33% of eligible research and development expenditures

The income tax credits earned under this program may be sold upon approval by the AEDC.

Eligibility

To qualify as a targeted business, companies must meet the following requirements and be classified by AEDC in one of the six targeted emerging technology sectors listed below:

  • Be less than five-years old
  • Show proof of an equity investment of at least $250,000
  • Pay at least 150% of the lesser of the state or county average hourly wage where the business is located
  • Meet requisite payroll thresholds
  • Additional eligibility criteria may be required for individual targeted programs (sales and use tax refund for targeted businesses, payroll income tax credit for targeted businesses, payroll rebate for targeted businesses, and targeted ArkPlus.

Emerging technology sectors are:

Advanced materials and manufacturing systems, with emphases on the following:

    1. Photonics
    2. Nanotechnology
    3. Electronics manufacturing
    4. Environmental issues related to material and manufacturing
    5. Photovoltaics
    6. Energy-efficient storage devices

Agriculture, food and environmental sciences, with emphases on the following:

    1. Rice
    2. Poultry
    3. Aquaculture
    4. Toxicology
    5. Agricultural medicine
    6. Forestry
    7. Nutrition
    8. Waste minimization
    9. Energy reduction
    10. Distributed energy generation
    11. Spatial technology

 Biotechnology, bioengineering and life sciences, with emphases on the following:

    1. Genetics
    2. Oncology
    3. Geriatrics
    4. Neuroscience
    5. Medical devices
    6. Rehabilitation
    7. Biopharmaceuticals and drug discovery
    8. Protein structure and function
    9. Cell molecular biology
    10. Sensor technology

Information technology, with emphases on the following:

    1. Knowledge and data engineering
    2. Database systems
    3. Distributed systems
    4. Wireless systems
    5. Software development
    6. State of the art applications of information technology to:
      • Bioinformatics
      • Healthcare

Transportation logistics, with emphases on the following:

    1. Intelligent material handling
    2. Automated systems
    3. Transportation management systems

Bio-based products, with emphases on the following:

    1. Biodiesel
    2. Ethanol
    3. Methanol
    4. Synthetic transportation fuels
    5. Adhesives
    6. Polymers
    7. Automotive components
    8. Engineered products from non-traditional biomass sources

 

Sales and Use Tax Refund for Targeted Businesses

Act 182 of 2003 § 15-4-2706(e)(1)

This incentive program provides a refund of sales and use taxes paid on the purchases of building materials and taxable machinery and equipment associated with the approved project for targeted businesses, as defined above. In addition to meeting targeted business eligiblity requirements, the business must invest at least $100,000 and meet the eligibility criteria of the Targeted Business Payroll Income Tax Credit Program § 15-4-2709.

A targeted business with an annual payroll in excess of one million dollars ($1 million) is excluded from participating in this program.

The application for a sales and use tax refund must be accompanied by an endorsement resolution from the local governing authority (city council or quorum court) that authorizes the refund of its local taxes.

Payroll Income Tax Credit for Targeted Businesses

Act 182 of 2003 § 15-4-2709

The discretionary payroll income tax credit for targeted businesses assists start-up businesses in targeted sectors that pay significantly more than the state or county average wage of the county in which the business locates. A targeted business with an annual payroll in excess of one million dollars ($1 million) is excluded from participating.

The benefit for a qualifying targeted business is a 10% income tax credit based on its annual payroll, with a cap of $100,000 per year in earned income tax credits. The incentive may be offered for a period not to exceed five years.

A unique feature of this incentive is the ability of the business that earns the targeted business income tax credit to sell the credits. The business must make application to AEDC for the sale of credits. Upon approval by AEDC, the business may sell earned income tax credits. AEDC may assist the business in finding a buyer for the tax credits.

Since one of the allowable costs under the research and development tax credits (discussed below) is the salary of a person performing research, a business earning job creation income tax credits for targeted businesses is prohibited from earning research and development tax credits, as authorized by § 15-4-2708 or by § 26-51-1102(b) for the same expenditure.

Payroll Rebate for Targeted Businesses

Targeted businesses with payrolls exceeding $250,000 may be offered, at the discretion of the AEDC Executive Director, rebates of five percent of payroll for up to ten years.  To qualify, the average hourly wage of the new, full-time permanent employees must be at least 175% of the state or county average hourly wage, whichever is less.  The payroll rebate for targeted businesses may not be used in conjunction with the payroll income tax credit for targeted businesses.

Targeted ArkPlus

Targeted businesses creating new payroll exceeding $250,000 may be offered, at the discretion of the AEDC Executive Director, income or sales and use tax credits based upon investment.  Prior to the execution of the financial incentive agreement, the targeted business must elect to receive the credits as sales and use tax credits or income tax credits.

To qualify, the average hourly wage of the new, full-time permanent employees must be at least 175% of the state or county average hourly wage, whichever is less.  Additionally, targeted businesses must invest a minimum of two hundred fifty thousand dollars ($250,000) within four (4) years of the effective date of the financial incentive agreement.

The credit earned by the targeted business shall be based upon a percentage of the investment as follows:

  1. The credit amount shall be two percent (2%) of investments from two hundred fifty thousand dollars ($250,000) up to five hundred thousand dollars ($500,000);
  2. The credit amount shall be two percent (2%) of the investment up to five hundred thousand dollars ($500,000) plus four percent (4%) of the investment in excess of five hundred thousand dollars ($500,000) up to one million dollars ($1,000,000);
  3. The credit amount shall be two percent (2%) of the investment up to five hundred thousand dollars ($500,000) plus four percent (4%) of the investment in excess of five hundred thousand dollars ($500,000) up to one million dollars ($1,000,000) plus six percent (6%) of the investment in excess of one million dollars ($1,000,000) up to two million dollars ($2,000,000); and,
  4. The credit amount shall be two percent (2%) of the investment up to five hundred thousand dollars ($500,000) plus four percent (4%) of the investment in excess of five hundred thousand dollars ($500,000) up to one million dollars ($1,000,000) plus six percent (6%) of the investment in excess of one million dollars ($1,000,000) up to two million dollars ($2,000,000) plus eight percent (8%) of the investment in excess of two million dollars ($2,000,000).

The percentage of tax liability that may be offset is determined by the average hourly wage paid to the new, full-time permanent employees as follows:

  1. A targeted business that pays at least one hundred seventy-five percent (175%) of the state or county average hourly wage, whichever is less, may offset fifty percent (50%) of its tax liability.
  2. A targeted business that pays at least two hundred percent (200%) of the state or county average hourly wage, whichever is less, may offset seventy-five percent (75%) of its tax liability.
  3. A targeted business that pays at least two hundred twenty-five percent (225%) of the state or county average hourly wage, whichever is less, may offset one hundred percent (100%) of its tax liability.

The income tax credit may be applied against the approved company’s Arkansas income tax liability.  The sales and use tax credit may be applied against the company’s state sales and use tax liability as reported on its monthly sales and use tax report in the calendar year following the calendar year of expenditure.  Any unused credit may be carried forward for a period not to exceed nine (9) tax years after the tax year in which it was first earned.

 

RESEARCH AND DEVELOPMENT INCENTIVES

Arkansas's Research and Development incentive programs are intended to provide incentives for university-based research, in-house research, and research and development in start-up, technology-based enterprises. Tax credits under these programs may be carried forward for nine years and may offset up to 100 percent of a business' tax liability in a given year.

University Based Research and Development

An eligible business that contracts with one or more Arkansas colleges or universities in performing research may qualify for a 33% income tax credit for qualified research expenditures.

In-House Research and Development

New and existing eligible businesses that conduct "in-house" research that qualifies for federal research and development tax credits may qualify for in-house research income tax credits.  

The credit allowed is 20% of qualified research expenditures that exceed the base year, for a period of three years and the incremental increase in qualified research and expenditures for the succeeding two years. For a new in-house research facility, the base year is zero. Therefore, in the first three years following the date of the financial incentive agreement, all eligible expenditures can qualify for the credit.

Research and Development in Area of Strategic Value

The Strategic Value Research and Development incentives are for qualifying businesses that invest in:  1) in-house research in an area of strategic value; or 2) a research and development project offered by the Arkansas Science and Technology Authority. Research in an area of strategic value means research in fields having long-term economic or commercial value to the state, and that have been identified in the research and development plan approved from time to time by the Board of Directors of the Arkansas Science and Technology Authority.  

The income tax credit is equal to 33% of qualified research expenditures. The maximum tax credit that may be claimed by a taxpayer under this program is $50,000 per tax year.

R&D Tax Incentives

In-House Research by a Targeted Business

Act 182 of 2003 § 15-4-2708(c)

Targeted businesses, at the discretion of the AEDC executive director, may be offered income tax credits equal to 33% of the qualified research and development expenditures incurred each year for up to five years. The application for this income tax credit shall include a project plan, which clearly identifies the intent of the project, the expenditures planned, the start and end dates of the project and an estimate of total project costs.

Qualified research expenditures include in-house expenses for taxable wages paid and supplies used in the conduct of qualified research. Qualified research must satisfy all of the following tests in order to qualify:

  • The activity must be undertaken for the purpose of discovering information which is technological in nature;
  • The application of technological information must be intended to be useful in the new or improved business component; and
  • Substantially all of the activities related to the research effort must constitute elements of a process of experimentation relating to a new or improved function, performance, reliability or quality.

Income tax credit for research and development earned by targeted businesses may be sold. The business must make application to AEDC for the sale of credits earned under this section. Upon application and approval by AEDC, the business may sell earned income tax credits. AEDC may assist the targeted business in finding a buyer for the tax credits.

A targeted business earning research and development tax credits is prohibited from earning job creation tax credits, as authorized by § 15-4-2709 or research tax credits as authorized by § 15-4-2708(a), for the same expenditure.

Combination with other incentives: The income tax credit for research by a targeted business authorized by 15-4-2708(c) may not be used with:

  • Other in-house research and development incentives as authorized by § 15-4-2708(b) or § 15-4-2708(d)(1)(A); or
  • Any other incentive in Act 182 of 2003 (Consolidated Incentive Act of 2003) for the same expenditures.

EQUITY INVESTMENT TAX CREDIT

The Equity Investment Incentive Program is a discretionary incentive targeted toward new, technology-based businesses paying wages in excess of the state or county average wage.  If offered, this program allows an approved business to offer an income tax credit to investors purchasing an equity investment in the business.

The income tax credits issued under this program are equal to 33 1/3% of the amount invested by an investor in an eligible business.   

The income tax credit earned may be used to offset 50% of the investor's Arkansas income tax liability.  Any unused credit may be carried forward for a period of nine years.

The income tax credit earned may be sold upon approval by AEDC.

Rules

If you have any questions concerning the Equity Investment Tax Credit Program, please call Hunter Hauk, AEDC Incentives Manager, at 501-682-1682.

Equity Investment Tax Rules

NON-PROFIT INCENTIVES

The Non-Profit Incentive Program, offered at the discretion of the AEDC executive director, provides an annual payroll rebate for up to five years equal to 4 percent of the payroll of new, full-time, permanent employees, hired by national or regional non-profit headquarters locating or expanding in Arkansas.

Eligible non-profit organizations must create a payroll for new, full-time, permanent employees of at least $500,000 and pay an average wage in excess of 110% of the state or county average wage (whichever is less) in the county in which the organization locates or expands. In addition, the non-profit organization must receive 75% of its income from out-of-state sources.

In addition to the payroll rebate, this program also provides a sales and use tax refund for eligible projects that invest a minimum of $250,000. The refund is eligible for taxes paid on construction materials, and machinery and equipment associated with the approved project.

Rules

If you have any questions concerning the Non-Profit Incentive Program, please call Hunter Hauk, AEDC Incentives Manager, at 501-682-1682.

Non-Profit Incentive Final Rules 2009

TOURISM DEVELOPMENT INCENTIVES

The Arkansas Tourism Development Act provides state sales and use tax credits and income tax credits to businesses initiating approved tourism attraction projects.

Sales tax credits shall be determined in accordance with the following criteria:

  • Eligible minimum project costs must be $1 million, except in high unemployment counties,* where it is $500,000.
  • The sales tax credits are calculated based upon 15% of eligible project cost for projects spending more than $1 million; credits are 25% of eligible project cost for the projects in high unemployment counties.*
  • The sales tax credit may be applied against the business's increased sales tax liability that results from the project.
  • Other review criteria may be requested by AEDC to determine whether the tourism attraction project meets the intent of the Act.

Additionally, eligible businesses may receive a state income tax credit equal to 4% of the annual payroll of new, full-time, permanent employees.

The income tax credits begin in the year in which the new employees are hired. Any unused portion of the credit may be carried forward against corporate income tax for the succeeding nine years.

* The following Arkansas counties are designated as "high unemployment" counties based upon the 2014 statewide annual labor force statistics compiled by the Arkansas Department of Workforce Services: Ashley, Chicot, Clay, Crittenden, Desha, Drew, Lee, Mississippi, Phillips, St. Francis, and Stone.

Rules

Tourism Rules and Regulations

SPECIALIZED INCENTIVES

 

Digital Production/Film

Arkansas offers financial incentives to foster the development of the digital and traditional film industry in Arkansas. Act 496 of 2013 allows for a rebate of 20% of eligible expenditures for approved projects.

Arkansas Digital Product and Motion Picture Industry Development Act

(Act 816 of 2009, as amended) Rules and Regulations

Tuition Reimbursement

Arkansas provides a 30% state income tax credit to eligible companies for reimbursements they make on behalf of employees for approved educational expenses. The employees must successfully complete the course at an accredited Arkansas post-secondary educational institution. The credit authorized by this program cannot offset more than 25% of the company's state income tax liability in any tax year.

Tuition Reimbursement

Child Care Facilities

Arkansas offers tax incentives for businesses that provide childcare for their employees.

A business may choose between two state income tax credit options: 1) a credit of 3.9% of the total annual payroll of the employees working in the childcare facility, or 2) a one-time $5,000 state income tax credit for the first year that the business provides its employees with a childcare facility. The income tax credit may be carried forward for two years or until used entirely, whichever occurs first.

In addition to either option, businesses may receive a refund on sales and use taxes on construction materials and furnishings purchased to equip an approved childcare facility.

To qualify for these incentives, the business must be approved to operate an early childcare program. Eligibility is determined by the Arkansas Department of Human Services, Division of Child Care and Early Childhood Education. The business may choose to operate the facility or contract the operations.

Recycling Equipment

Arkansas allows taxpayers to receive an income tax credit for the purchase of equipment used exclusively for reduction, reuse or recycling of solid waste material for commercial purposes, whether or not for profit, and the cost of installation of such equipment by outside contractors.

Expenditures eligible for tax credit certification include:

  • waste reduction, reuse, or recycling equipment used exclusively for waste reduction, reuse or recycling of solid waste for commercial purposes, whether or not for profit, including the cost of installation of such equipment by outside contractors;
  • waste reduction, reuse or recycling equipment must be used exclusively in the collection, separation, processing, modification, conversion, treatment, or manufacturing of products containing at least fifty percent (50%) recovered materials, of which at least ten percent (10%) of the recovered materials shall be post-consumer waste;
  • the cost of replacing existing waste reduction, reuse, or recycling equipment shall be eligible for certification only if the replacement provides greater capacity for recycling or provides the capability to collect, separate, process, modify, convert, treat, or manufacture additional or a different type of solid waste.

The amount of the tax credit shall equal 30% of the cost of equipment and installation costs deemed eligible by the Arkansas Department of Environmental Quality. Credits may be carried forward for three consecutive years following the taxable year in which the credits accrued.

Taxpayers receiving credit under this Act for the purchase of machinery and equipment shall not be entitled to any other state or local tax credit or deduction based on the purchase of the machinery or equipment, except normal depreciation.

Bond Financing (Amendment 82)

Amendment 82 allows the State of Arkansas to issue General Obligation Bonds to finance infrastructure costs associated with eligible companies locating or expanding operations in Arkansas. The state can issue bonds to fund a prospect’s infrastructure needs through the Arkansas Development Finance Authority, limited to 5% of net general revenues during the most recent fiscal year.