§ 26-62-208 - Prima facie presumptions -- Failure to keep records, issue invoices, or file reports -- Tax, penalties, and interest. - Arkansas Statutes

26-62-208. Prima facie presumptions -- Failure to keep records, issue invoices, or file reports -- Tax, penalties, and interest.

(a) Any alternative fuels supplier, user, interstate user, or IFTA carrier user who fails to keep the records, issue the invoices, or file the reports required by this chapter shall be prima facie presumed to have sold, delivered, or used for taxable purposes all alternative fuels shown by a verified audit by the Arkansas State Highway and Transportation Department, the Director of the Department of Finance and Administration, or any authorized representative.

(b) (1) The director is authorized to fix or establish the amount of taxes, penalties, and interest due the State of Arkansas from any record or information available to the director, or to the Arkansas State Highway and Transportation Department, and if the tax claim as developed from that procedure is not paid, the claim and any audit made by the Arkansas State Highway and Transportation Department, the director, or an authorized representative, or any report filed by such alternative fuels supplier, user, interstate user, or IFTA carrier user shall be admissible in evidence in any suit or judicial proceedings filed by the director and shall be prima facie evidence of the correctness of said claim or audit.

(2) However, the prima facie presumption of the correctness of the claim may be overcome by evidence adduced by the alternative fuels supplier, user, interstate user, or IFTA carrier user.