Albatross · Data Catalog

Arkansas

AR · state · 19 cited facts

CategoryProvisionValueSource
trust-nexusIncomplete-gift nongrantor trust / ING (income tax reach)ESCAPES: the official Code of Arkansas Rules supplies the state's ONLY trust-attribution test, and it keys to the TRUSTEE's residence or the trust's physical location (26 CAR §100-145), never the settlor's domicile. A NV-trusteed, NV-administered ING is a nonresident trust, and Arkansas does not tax a nonresident's intangible income even when the intangible sits in Arkansas (26 CAR §100-114(b)(1)). The contrary reading, that §26-51-201(b)'s exemption for a NONRESIDENT settlor's trust implies a resident settlor's trust is taxable, fails: an exemption cannot create an imposition, and that clause addresses the opposite facts (nonresident settlor WITH a resident trustee), which only makes sense if trustee residence is the hook. PERMANENT, not deferral: no throwback statute, and the retained gain is corpus gain outside DNI (IRC 643(a)(3)). Rests on a regulation plus statutory silence, with no Arkansas ruling either way, so audit-assertion risk is real
sources (4)
Ark. DFA Individual Income Tax Rule 1.26-51-803; Ark. Code Ann. 26-51-203 · high confidence · as of 2026-07-13 · TY 2026
Arkansas attributes trust income to the state only through a resident fiduciary
The income received by an estate or trust will be considered attributable to Arkansas when the estate or trust's trustee, administrator, executor, or personal representative is a resident of Arkansas.
Note: ESCAPES (re-verified 2026-07-13 against the OFFICIAL Code of Arkansas Rules, which by Ark. Code §25-15-218 'constitutes the official version'). This rule supplies the ONLY trust-attribution test Arkansas has, and it keys to the TRUSTEE's residence or the trust's physical location, never the settlor's domicile: a NV-trusteed, NV-administered ING satisfies neither. THE ARGUMENT THE OTHER WAY, AND WHY IT FAILS: §26-51-201(a) taxes 'every resident, individual, trust, or estate' without ever defining a resident trust, and §26-51-201(b) exempts trusts 'created by a nonresident donor, trustor, settlor ... even though administered by a resident trustee', so one might read a negative implication that a RESIDENT settlor's trust is taxable. It does not hold. An exemption cannot manufacture an imposition, and §201(b) addresses the OPPOSITE fact pattern (nonresident settlor WITH a resident trustee). That carve-out only makes sense if trustee residence is the operative hook, which is exactly what the rule says; on the reviewer's reading §201(b) would be surplusage. Our facts, a resident settlor with a nonresident trustee, are simply not addressed by §201(b) at all. Two independent skeptics reached this conclusion, including one instructed to build the DFA's strongest assessment, who could not make it survive. HONEST LIMIT: this rests on a regulation plus statutory silence, not on an on-point ruling. No Arkansas case, DFA legal opinion, or administrative decision on trust residency exists, so there is audit-assertion risk with no published guidance either way.
https://codeofarrules.arkansas.gov/Rules/Rule?levelType=section&titleID=26&chapterID=33&subChapterID=261&partID=941&subPartID=6195&sectionID=40252
26 CAR §100-114(b)(1) (Nonresidents, implementing Ark. Code Ann. §26-51-202) · high confidence · as of 2026-07-13 · TY 2026
Arkansas does not tax a nonresident's income from intangible personal property, even when the intangible is located in Arkansas
Income derived by a nonresident from intangible personal property located within Arkansas is not subject to Arkansas income tax.
Note: This is the second half of the escape, and it means the ING is not even making an EXEMPTION claim (so Arkansas's 'to doubt is to deny the exemption' canon never engages): there is simply no imposition. Once the trust is a nonresident (no AR trustee, not physically in AR, per 26 CAR §100-145), Arkansas reaches only its Arkansas-source income, and retained capital gain on stock is intangible income with no Arkansas source. The rule goes further than needed here, denying tax even on intangibles located IN the state.
https://codeofarrules.arkansas.gov/Rules/Rule?levelType=section&titleID=26&chapterID=33&subChapterID=261&partID=941&subPartID=6195&sectionID=40221
IRC §643(a)(3) · high confidence · as of 2026-07-13 · TY 2026
IRC §643(a)(3): capital gain allocated to corpus is excluded from distributable net income
Gains from the sale or exchange of capital assets shall be excluded to the extent that such gains are allocated to corpus and are not (A) paid, credited, or required to be distributed to any beneficiary during the taxable year, or (B) paid, permanently set aside, or to be used for the purposes specified in section 642(c).
Note: This is the rule that makes an ING's escape PERMANENT rather than deferral. Income reaches a beneficiary only through DNI (IRC 652/662); a retained corpus gain is outside DNI, so a later distribution of it is principal, not income, and never enters the beneficiary's federal taxable income. Every escape state starts from the federal number, so it never enters the state base either. Conditional on the gain ACTUALLY being allocated to corpus and not distributed in the year realized: a gain routed to fiduciary accounting income, or distributed in the sale year, is in DNI and is taxable to the resident beneficiary.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section643&num=0&edition=prelim
IRC §665(c) · high confidence · as of 2026-07-13 · TY 2026
IRC §665(c): the accumulation-distribution (throwback) rules do not reach a qualified domestic trust
(1) In general In the case of a qualified trust, any distribution in any taxable year beginning after the date of the enactment of this subsection shall be computed without regard to any undistributed net income. (2) Qualified trust For purposes of this subsection, the term 'qualified trust' means any trust other than- (A) a foreign trust (or, except as provided in regulations, a domestic trust which at any time was a foreign trust), or (B) a trust created before March 1, 1984, unless it is established that the trust would not be aggregated with other trusts under section 643(f) if such section applied to such trust.
Note: A modern NV/DE ING is a 'qualified trust', so the federal accumulation-distribution regime is computed without regard to undistributed net income: it is empty. States whose only accumulation rule piggybacks IRC 665-668 (OR OAR 150-316-0575, IA, KS, SC) therefore recapture nothing. Only a state with its OWN throwback keyed to income untaxed by any state can claw the gain back, and of the verified escape states only Utah has one (59-10-114(1)(g)).
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section665&num=0&edition=prelim
estate-noneEstate and inheritance taxNone
sources (1)
Act 645 of 2003 (per AR DFA FAQ Subject 605) · high confidence · as of 2026-07-02 · TY 2025
Act 645 of 2003 repealed the Arkansas estate tax for deaths on or after Jan 1, 2005
Act 645 of 2003 repealed Arkansas Estate Tax for estates of those who died on or after January 1, 2005. No estate tax return is required by the State of Arkansas for any decedents after December 31, 2004.
Note: PDF read directly; the full substantive text of FAQ Subject 605 (revised 12/22/2020). Old survey said Subject 705; live source is Subject 605.
https://www.dfa.arkansas.gov/wp-content/uploads/605-EstateTax.pdf
rateTop income tax rate (TY2025)3.9% nominal top; ~13.9% implicit marginal in smoothing zone $94,701 to $97,800
sources (1)
Ark. Code §26-51-201; 2025 AR1000F/AR1000NR Instructions · medium confidence · as of 2026-06-10 · TY 2025
Arkansas top income tax rate is 3.9% (TY2025); smoothing zone at $94,701 to $97,800 creates ~13.9% implicit marginal
The marginal income tax rates for 2025 are 3.9%, as amended in 2024.
Note: Full bracket schedule (TY2025, same for all statuses): 0% to $5,600; 2% from $5,601 to $11,200; 3% from $11,201 to $16,000; 3.4% from $16,001 to $26,400; 3.9% above $100,000 (and $3,809 + 3.9% for the segment above $26,400). A minus-adjustment table creates a smoothing zone between $94,701 to $97,800 with ~13.9% implicit marginal (phase-out of lower-bracket benefits).
https://www.dfa.arkansas.gov/wp-content/uploads/2025_AR1000F_and_AR1000NR_Instructions.pdf
rateTop income tax rate (TY2026)3.7% top (Act 2, 2026 First Extraordinary Session); two-table cliff with a bracket-adjustment credit smoothing $94,701 to $97,600
sources (1)
Ark. Code Ann. §26-51-201(a)(4) as amended by Act 2 of the 2026 First Extraordinary Session (SB1, approved 5/6/2026) · high confidence · as of 2026-07-12 · TY 2026
Arkansas top individual income tax rate falls to 3.7% for tax years beginning on or after January 1, 2026
Every resident, individual, trust, or estate having net income greater than ninety-four thousand seven hundred dollars ($94,700) shall determine the amount of income tax due ... $4,701 and above 3.7%
Note: Enrolled act PDF, whitespace normalized. The standard table (net income <= $94,700) runs 0% to $5,599, 2% to $11,199, 3% to $15,999, 3.4% to $26,399, 3.7% above; over $94,700 the upper table applies from dollar zero (2% to $4,700, 3.7% above) with a bracket-adjustment credit smoothing $94,701 to $97,600. Thresholds in the act are the already-indexed 2026 figures; §26-51-201(a)(5) continues annual indexing. The corporate cut to 4.1% is TY2027+.
https://arkleg.state.ar.us/Home/FTPDocument?path=%2FActs%2F2026S1%2FPublic%2FACT2.pdf
characterNet capital gain exclusion50% of net capital gain excluded post-netting; gains above $10,000,000 per taxpayer 100% exempt
sources (1)
2025 AR1000D (Capital Gains schedule), lines 7b and 8; Ark. Code §26-51-815 · high confidence · as of 2026-07-21 · TY 2025
Arkansas: 50% net capital gain exclusion post-netting; gains above $10,000,000 per taxpayer are 100% exempt
If the amount on line 7a is over $10,000,000, only enter $10,000,000. If less than $10,000,000, enter the total amount ... [multiply line 7b by] 50 percent (.50).
Note: Verbatim from the AR1000D form lines (extracted from the live DFA PDF). A prior version quoted a reconstructed 'deduction from net income ... excluded from Arkansas net income' sentence; Ark. Code §26-51-815 actually frames it as an EXEMPTION (50% of net capital gain 'is exempt', and net capital gain over $10,000,000 'is exempt from the state income tax'). Values (50% exclusion, $10M cap) unchanged. The $10M exemption cap is per TAXPAYER COLUMN on AR1000D (not per joint return). Under Filing Status 4 (married filing separately on same return), each spouse gets their own column with their own $10M exemption. Combined effective AR tax on a very large LT gain: approximately $195,000 maximum. Capital loss limit: '$3,000 ($1,500 per taxpayer for filing Status 4 or 5)' per AR1000F instructions.
https://www.dfa.arkansas.gov/wp-content/uploads/2025_AR1000D_CapitalGains.pdf
threshold$10M full exemption threshold (per taxpayer)$10,000,000 all AR net capital gain above this is 100% exempt; cap state tax ~$195,000
sources (1)
2025 AR1000D (Capital Gains schedule), lines 7b and 8; Ark. Code §26-51-815 · high confidence · as of 2026-07-21 · TY 2025
Arkansas: 50% net capital gain exclusion post-netting; gains above $10,000,000 per taxpayer are 100% exempt
If the amount on line 7a is over $10,000,000, only enter $10,000,000. If less than $10,000,000, enter the total amount ... [multiply line 7b by] 50 percent (.50).
Note: Verbatim from the AR1000D form lines (extracted from the live DFA PDF). A prior version quoted a reconstructed 'deduction from net income ... excluded from Arkansas net income' sentence; Ark. Code §26-51-815 actually frames it as an EXEMPTION (50% of net capital gain 'is exempt', and net capital gain over $10,000,000 'is exempt from the state income tax'). Values (50% exclusion, $10M cap) unchanged. The $10M exemption cap is per TAXPAYER COLUMN on AR1000D (not per joint return). Under Filing Status 4 (married filing separately on same return), each spouse gets their own column with their own $10M exemption. Combined effective AR tax on a very large LT gain: approximately $195,000 maximum. Capital loss limit: '$3,000 ($1,500 per taxpayer for filing Status 4 or 5)' per AR1000F instructions.
https://www.dfa.arkansas.gov/wp-content/uploads/2025_AR1000D_CapitalGains.pdf
conformityLoss carryforwardConforms to IRC §1212 federal carryforward applies ($3,000/$1,500 annual limit)
sources (1)
IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025
IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback
In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year.
Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim
muni-instateIn-state muni bond interestExempt: Ark. Code §26-51-404 exempts Arkansas state and local bond interest from Arkansas income tax
sources (1)
Arkansas DFA, 2024 AR4 Interest and Dividend Instructions · medium confidence · as of 2026-06-18 · TY 2025
AR exempts AR-issued bonds; out-of-state muni bond interest is taxable per Ark. Code §26-51-404
Interest on obligations of other states and subdivisions are also fully taxable.
Note: Form AR4 instructions describe the exemption rule under Ark. Code §26-51-404. AR interest on out-of-state bonds is explicitly fully taxable. AR bonds are exempt.
https://www.dfa.arkansas.gov/wp-content/uploads/2024_AR4_Interest_and_Dividend.pdf
muni-outstateOut-of-state muni bond interestTaxable: Ark. Code §26-51-404: 'interest on obligations of other states and subdivisions are also fully taxable'
sources (1)
Arkansas DFA, 2024 AR4 Interest and Dividend Instructions · medium confidence · as of 2026-06-18 · TY 2025
AR exempts AR-issued bonds; out-of-state muni bond interest is taxable per Ark. Code §26-51-404
Interest on obligations of other states and subdivisions are also fully taxable.
Note: Form AR4 instructions describe the exemption rule under Ark. Code §26-51-404. AR interest on out-of-state bonds is explicitly fully taxable. AR bonds are exempt.
https://www.dfa.arkansas.gov/wp-content/uploads/2024_AR4_Interest_and_Dividend.pdf
qoz-conformityQOZ conformity (IRC §1400Z-2)Partial conformity: Arkansas conforms only for investments in Arkansas-designated opportunity zones; QOF investments in out-of-state zones do not qualify for AR deferral or exclusion
sources (1)
Ark. Code Ann. §26-51-460; Act 201 of 2019 (SB196), §1 · high confidence · as of 2026-06-22 · TY 2025
Arkansas partially conforms to IRC §1400Z-2 QOZ gain deferral and exclusion
Except as provided in subsection (b) of this section, 26 U.S.C. § 1400Z-2, as in effect on January 1, 2018, regarding opportunity zones, is adopted for the purpose of computing Arkansas income tax liability. As used in this section and for purposes of the adoption of 26 U.S.C. § 1400Z-2, 'opportunity zone' means a population census tract located in Arkansas that is designated as a qualified opportunity zone under 26 U.S.C. § 1400Z, as of January 1, 2019.
Note: Verbatim text of Ark. Code Ann. §26-51-460(a)(b) enacted by Act 201 of 2019 (SB196), effective for tax years beginning on or after January 1, 2018. Conformity is limited to census tracts in Arkansas designated as QOZs as of January 1, 2019; out-of-state QOF investments in non-AR zones do not qualify for AR deferral or exclusion.
https://www.arkleg.state.ar.us/Bills/Detail?id=SB196&ddBienniumSession=2019%2F2019R
qsbs-conformityQSBS conformity (IRC §1202)Conforms to IRC §1202 QSBS exclusion via Ark. Code Ann. §26-51-815(c) explicit statutory conformity
sources (1)
Ark. Code Ann. §26-51-815(c); Act 155 of 2017 (HB1390), §24 · high confidence · as of 2026-06-22 · TY 2025
Arkansas conforms to IRC §1202 QSBS exclusion
Title 26 U.S.C. § 1202, as in effect on January 1, 2017, regarding the exclusion from gain of certain small business stock, is adopted for the purpose of computing Arkansas income tax liability.
Note: Verbatim text of Ark. Code Ann. §26-51-815(c) enacted by Act 155 of 2017 (HB1390), §24, effective for tax years beginning on or after January 1, 2015. Adoption is as of the IRC in effect on January 1, 2017.
https://www.arkleg.state.ar.us/Bills/Detail?id=HB1390&ddBienniumSession=2017%2F2017R
agency-obligationsFNMA/FHLMC bond interestTaxable: AR1000F/NR Instructions and DFA FAQ 201 limit exemption to 'direct United States obligations'; FNMA/FHLMC are privately chartered GSEs, not direct U.S. obligations
sources (1)
Arkansas DFA, 2024 AR1000F/AR1000NR Instructions (p. 9, item 7); Arkansas DFA FAQ 201 (rev. 2/24/2023) · medium confidence · as of 2026-06-20 · TY 2025
Arkansas exemption limited to 'direct United States obligations'; FNMA and FHLMC are not direct U.S. obligations and their interest is taxable
Interest you received from direct United States obligations, its possessions, the State of Arkansas, or any political subdivision of the State of Arkansas is exempt from tax.
Note: The AR1000F/NR instructions (p.9, item 7) and FAQ 201 (https://www.dfa.arkansas.gov/wp-content/uploads/201-InterestReceived.pdf) limit the exemption to 'direct United States obligations.' FNMA and FHLMC are federal GSEs but are not 'direct obligations of the United States'; they are privately chartered corporations without full faith and credit backing and without a federal bondholder exemption statute.
https://www.dfa.arkansas.gov/wp-content/uploads/2024_AR1000F_and_AR1000NR_Instructions.pdf
dividend-qualifiedQualified dividend rate (IRC §1(h)(11))Ordinary rate: DFA FAQ 202 states dividends 'are ordinary income to you and are fully taxable'; the 50% NCG exclusion (Ark. Code §26-51-815) applies only to capital gains from sales or exchanges, not dividend income
sources (2)
Arkansas DFA, FAQ 202 'Dividends' (rev. 2/24/2023) · medium confidence · as of 2026-06-20 · TY 2025
Arkansas DFA FAQ 202 states dividends are ordinary income and fully taxable; the 50% net capital gain exclusion applies only to capital gains from sale or exchange, not dividends
Ordinary dividends are the most common type of distribution from a corporation and are paid out of the earnings and profits of the corporation. They are ordinary income to you and are fully taxable.
Note: FAQ 202 verbatim. Arkansas's 50% NCG exclusion (Ark. Code §26-51-815; AR1000D) applies to 'net capital gain' from the sale or exchange of capital assets; not to dividend income. Qualified dividends per IRC §1(h)(11) are a rate category (preferential tax RATE), not capital gains. Arkansas has no equivalent of IRC §1(h)(11); dividends are fully taxable at ordinary rates.
https://www.dfa.arkansas.gov/wp-content/uploads/202-Dividends.pdf
Ark. Code §26-51-201; 2025 AR1000F/AR1000NR Instructions · medium confidence · as of 2026-06-10 · TY 2025
Arkansas top income tax rate is 3.9% (TY2025); smoothing zone at $94,701 to $97,800 creates ~13.9% implicit marginal
The marginal income tax rates for 2025 are 3.9%, as amended in 2024.
Note: Full bracket schedule (TY2025, same for all statuses): 0% to $5,600; 2% from $5,601 to $11,200; 3% from $11,201 to $16,000; 3.4% from $16,001 to $26,400; 3.9% above $100,000 (and $3,809 + 3.9% for the segment above $26,400). A minus-adjustment table creates a smoothing zone between $94,701 to $97,800 with ~13.9% implicit marginal (phase-out of lower-bracket benefits).
https://www.dfa.arkansas.gov/wp-content/uploads/2025_AR1000F_and_AR1000NR_Instructions.pdf
treasuryU.S. Treasury interestExempt: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations (T-bills, T-notes, T-bonds, TIPS, I-bonds)
sources (1)
31 U.S.C. §3124(a) · high confidence · as of 2026-06-20 · TY 2025
U.S. Treasury interest exempt from Arkansas income tax: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations
Stocks and obligations of the United States Government are exempt from taxation by a State or political subdivision of a State. The exemption applies to each form of taxation that would require the obligation, the interest on the obligation, or both, to be considered in computing a tax.
Note: 31 U.S.C. §3124(a) preempts state income taxation of U.S. government obligations. Covers T-bills, T-notes, T-bonds, TIPS, and I-bonds. Most states allow a deduction or subtraction by statute cross-referencing this federal preemption.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3124
fhlb-ffcbFHLB and FFCB bond interestExempt: 12 U.S.C. §1433 (Federal Home Loan Bank Act) and 12 U.S.C. §2023 (Farm Credit Act) mandate state tax exemption for FHLB and FFCB securities
sources (2)
12 U.S.C. §1433 (Federal Home Loan Bank Act) · high confidence · as of 2026-06-20 · TY 2025
FHLB and FFCB bond interest exempt from Arkansas income tax: federal enabling statutes mandate state tax exemption
Any security issued under this chapter by a Federal home loan bank, including the stock thereof, shall be exempt from taxation, except taxes upon real estate, by any State, county, municipality, or local taxing authority.
Note: 12 U.S.C. §1433 (FHLB) and 12 U.S.C. §2023 (FFCB/Farm Credit Act) both mandate state tax exemption for securities issued under their chapters. Contrasts with FNMA (12 U.S.C. §§1719(e), 1723a(c)) and FHLMC (12 U.S.C. §1455(a)) which have no bondholder exemption statute and whose interest is taxable by income-tax states.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1433&num=0&edition=prelim
12 U.S.C. §2023 (Farm Credit Act) · high confidence · as of 2026-06-20 · TY 2025
Farm Credit Act: notes, bonds, debentures, and other obligations of Farm Credit Banks are instrumentalities of the United States exempt from all State, municipal, and local taxation
The mortgages held by the Farm Credit Banks and the notes, bonds, debentures, and other obligations issued by the banks shall be considered and held to be instrumentalities of the United States and, as such, they and the income therefrom shall be exempt from all Federal, State, municipal, and local taxation, other than Federal income tax liability of the holder thereof under the Public Debt Act of 1941 (31 U.S.C. 3124).
Note: 12 U.S.C. §2023 explicitly covers 'the income therefrom' (i.e., interest payments to bondholders), exempting it from all State and local taxation. The only carve-out is federal income tax on the holder. Parallel to 12 U.S.C. §1433 (FHLB Act), which exempts FHLB securities from state taxation. Together §1433 and §2023 mandate state and local tax exemption for both FHLB and FFCB bond interest. Shared across all jurisdictions: a single object reference satisfies buildCitationIndex() identity check.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2023&num=0&edition=prelim
carrybackCapital loss carrybackNone: IRC §1212(b) provides carryforward only for non-corporate taxpayers; no carryback to prior years
sources (1)
IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025
IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback
In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year.
Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim
filing-status-identicalSame bracket schedule for all filing statusesYes: Ark. Code §26-51-201 imposes tax on all residents at one graduated rate schedule (0% to 3.9%) with no MFJ-specific thresholds; same brackets for Single and MFJ, creating the maximum marriage penalty on a joint return vs. two singles
sources (1)
Ark. Code §26-51-201; 2025 AR1000F/AR1000NR Instructions · medium confidence · as of 2026-06-10 · TY 2025
Arkansas top income tax rate is 3.9% (TY2025); smoothing zone at $94,701 to $97,800 creates ~13.9% implicit marginal
The marginal income tax rates for 2025 are 3.9%, as amended in 2024.
Note: Full bracket schedule (TY2025, same for all statuses): 0% to $5,600; 2% from $5,601 to $11,200; 3% from $11,201 to $16,000; 3.4% from $16,001 to $26,400; 3.9% above $100,000 (and $3,809 + 3.9% for the segment above $26,400). A minus-adjustment table creates a smoothing zone between $94,701 to $97,800 with ~13.9% implicit marginal (phase-out of lower-bracket benefits).
https://www.dfa.arkansas.gov/wp-content/uploads/2025_AR1000F_and_AR1000NR_Instructions.pdf
marital-udcprdaUniform Community Property Disposition at Death ActYes: Ark. Code §§28-15-101 to 28-15-115 preserves community property character of assets acquired in CP states at death of an Arkansas resident (effective August 1, 2023, 2021 revised act); surviving spouse retains one-half CP interest
sources (1)
Ark. Code §§28-15-101 to 28-15-115 (Act 582 of 2023, effective August 1, 2023) · high confidence · as of 2026-06-22 · TY 2025
Arkansas adopted Uniform Community Property Disposition at Death Act (effective August 1, 2023)
This article may be cited as the 'Uniform Community Property Disposition at Death Act.'
Note: Arkansas enacted UDCPRDA (the 2021 NCCUSL revised version) via Act 582 of 2023, effective August 1, 2023. Protects the community property character of assets acquired in community property states when a couple moves to Arkansas.
https://arkleg.state.ar.us/Acts/FTPDocument?path=%2FACTS%2F2023R%2FPublic%2F&file=582.pdf&ddBienniumSession=2023%2F2023R
migration-loss-conformityMigration loss carryforward conformityFull conform (structural inference): Arkansas computes its income tax from the federal base, so an imported federal section 1212 capital-loss carryforward flows through to offset post-residency gains; no published guidance addresses the imported pre-residency carryforward.
sources (1)
Ark. Code §26-51-201; 2025 AR1000F/AR1000NR Instructions · medium confidence · as of 2026-07-03 · TY 2025
Arkansas conforms to the federal capital-loss base; treatment of an imported pre-residency section 1212 carryforward is a structural inference
The amount of capital loss that can be deducted after offsetting capital gains is limited to $3,000 ($1,500 per taxpayer for filing Status 4 or 5). If your capital loss was more than the yearly limit on capital loss deductions, you can carry over the unused part to later years until used up.
Note: The 2025 AR1000F/AR1000NR instructions mirror the federal $3,000 capital-loss cap and section 1212 carryover mechanism verbatim, so Arkansas starts from the federal capital-loss base and the carryover flows through. No published guidance addresses the imported pre-residency carryforward, so that application remains a structural inference.
https://www.dfa.arkansas.gov/wp-content/uploads/2025_AR1000F_and_AR1000NR_Instructions.pdf