§ 26-51-812 - Withholding tax at source. - Arkansas Statutes

26-51-812. Withholding tax at source.

(a) The Director of the Department of Finance and Administration, whenever he deems it necessary to ensure compliance with the provisions of this act, may, under rules and regulations prescribed by him, require any individual, partnership, limited liability company, corporation, joint-stock company, or association, including lessees or mortgagors and employees of the state or of any political subdivision of the state having control, receipt, custody, disposal, or payment of interest, other than interest coupons payable to bearer, rent, salaries, wages, premiums, compensation, remunerations, emoluments, or other fixed or determinable annual or periodical gains, profits, and income paid or payable to any taxpayer, to deduct and withhold the tax due from the taxpayer and make return thereof and pay the tax to the director.

(b) (1) Upon the giving of notice by the director to the fiduciary of an estate or trust that the taxes due under this act from the grantor or beneficiary of an estate or trust on income of the estate or trust, which is taxable to the grantor or beneficiary under the provisions of 26-51-201, have not been paid, the fiduciary shall withhold the amount of the taxes from any payments or distribution due or to become due from the estate or trust to the grantor or beneficiary and transmit the amount so withheld to the director.

(2) The notice required in this section is to be served on the fiduciary or other person named above by registered mail, the letter to be directed to the last known address of the fiduciary or other person so named above, as the address appears in the records of the director.

(3) Any person failing or refusing to deduct and withhold the tax due from any taxpayer as required by the director pursuant to this section shall be personally liable for such tax, and the director may proceed against him as provided for in 27 [repealed] of this act.

(c) The provisions of this section shall not apply to the payment of interest obligations not taxable under this act.