Code of Arkansas Rules Title 26 — Taxation
26 CAR § 100-132
Deductions — Expenses — Arkansas Code § 26-51-423
# (a) Types of deductions— Arkansas Code § 26-51-423(a)
(a) Types of deductions — Arkansas Code § 26-51-423(a).
(1)(A) In computing an individual's taxable income, the individual is permitted to claim certain deductions.
(B) Some of these deductions may be subtracted from gross income, while other types of deductions must be claimed as itemized deductions and subtracted from the individual's adjusted gross income.
(C) A deduction from adjusted gross income is generally referred to as an itemized deduction.
(D) To be deductible as a trade or business expense, an expense must be:
(i) An ordinary and necessary expense of the taxpayer's trade or business;
(ii) Paid or incurred during the tax year in which it is deducted; and
(iii) Connected with a trade or business conducted by the taxpayer.
(2) The business expenses of a sole proprietorship or a statutory employee are claimed on Schedule C of Internal Revenue Service Form 1040.
(3) A "trade or business", although not defined in the tax law, has been characterized as an activity carried on for a livelihood or for profit.
(4)(A) A profit motive must be present, and some type of economic activity must be conducted.
(B) With respect to the profit motive, an activity is considered a business if it is entered into and carried on in good faith for the purpose of making profit.
(C) Moreover, a trade or business is characterized by:
(i) Regularity of activities and transactions; and
(ii) The production of income.
# (b) Business expenses — Long-term care insurance premiums — Arkansas Code § 26-51-423(a)(1)
(b) Business expenses — Long-term care insurance premiums — Arkansas Code § 26-51-423(a)(1).
(1) A self-employed taxpayer can deduct as a business expense on Internal Revenue Service Form 1040, Schedule C, a percentage of the premiums paid during the tax year for qualified long-term care insurance.
(2) The definition of "qualified long-term care insurance” is set forth in I.R.C. § 7702B(b)(1).
(3) The applicable percentage begins with forty percent (40%) for the 1997 tax year and increases up to a maximum of eighty percent (80%) in 2006.
(4) The percentages are as follows:
1997 40% 2004 60% 1998 through 2002 45% 2005 70% 2003 50% 2006 or thereafter 80%
# (c) Medical expenses — Long-term care insurance premiums — Arkansas Code § 26-51-423(a)(2)
(c) Medical expenses — Long-term care insurance premiums — Arkansas Code § 26-51-423(a)(2).
(1)(A) Under certain circumstances, expenses incurred by a taxpayer for eligible long-term care insurance premiums may be taken as an itemized deduction.
(B) This deduction for unreimbursed medical expenses can be taken only to the extent such expenses exceed seven and one-half percent (7.5%) of the taxpayer's AGI.
(C) I.R.C. § 213(d)(1)(D).
(2)(A) Eligible long-term care insurance premiums may be deductible as medical expenses when such premiums are paid towards qualified long-term care insurance.
(B) The definition of “qualified long-term care insurance” is set forth in I.R.C. § 7702B(b)(1).
# (d) Travel and entertainment — Arkansas Code § 26-51-423(b)
(d) Travel and entertainment — Arkansas Code § 26-51-423(b).
(1) For tax years beginning before January 1, 1995, I.R.C. § 274 as in effect January 1, 1989, shall apply.
(2) For tax years 1995 and 1996, I.R.C. § 274 as in effect on January 1, 1995, shall apply.
(3) Beginning with the 1997 tax year, I.R.C. § 274 as in effect on January 1, 1997, shall apply.
(4) Eighty percent (80%) of qualified expenses will be allowed for tax years beginning before January 1, 1995, and fifty percent (50%) of qualified expenses will be allowed for tax years beginning on or after January 1, 1995.
# (e) Business expenses — Medical care insurance premiums — Arkansas Code § 26-51-423(c)(1)
(e) Business expenses — Medical care insurance premiums — Arkansas Code § 26-51-423(c)(1).
(1) A self-employed taxpayer can deduct as a business expense on Internal Revenue Service Form 1040, Schedule C, a percentage of the premiums paid during the tax year for insurance that constitutes medical care for:
(A) The taxpayer; or
(B) His or her spouse and dependents.
(2)(A) The applicable percentage begins with forty percent (40%) in 1997 and increases up to a maximum of eighty percent (80%) in 2006.
(B) I.R.C. § 162(l).
(3) The percentages are as follows:
1997 40% 2004 60% 1998 through 2002 45% 2005 70% 2003 50% 2006 or thereafter 80%
Source: view the official text
In this chapter (40 sections)
- 100-112 · Taxpayer Bill of Rights — Arkansas Code § 26-18-801 et seq
- 100-113 · Definitions — Arkansas Code § 26-51-102
- 100-114 · Nonresidents — Arkansas Code § 26-51-202
- 100-115 · Fiduciaries — Arkansas Code § 26-51-203
- 100-116 · Income from sale of home — Arkansas Code § 26-51-305…
- 100-117 · Compensation and benefits from military service — Arkansas…
- 100-118 · Retirement plans and disability benefits — Arkansas Code §…
- 100-119 · Tax year — Accounting method — Arkansas Code § 26-51-401
- 100-120 · Tax year — Basis for determining liability — Arkansas Code §…
- 100-121 · Income generally — Arkansas Code § 26-51-403
- 100-122 · Gross income generally — Arkansas Code § 26-51-404
- 100-123 · Partnership income — Arkansas Code § 26-51-405
- 100-124 · Federal Subchapter S adopted — Arkansas Code § 26-51-409
- 100-125 · Inventory — What constitutes inventory — Arkansas Code §…
- 100-126 · Gain or loss — Sales of property — Arkansas Code § 26-51-411
- 100-127 · Gain or loss — Exchange of property — Arkansas Code §…
- 100-128 · Corporate liquidations — Arkansas Code § 26-51-413
- 100-129 · Deferred compensation plans — Arkansas Code § 26-51-414
- 100-130 · Deductions — State income taxes — Arkansas Code § 26-51-416
- 100-131 · Deductions — Charitable contributions — Arkansas Code §…
- 100-132 · Deductions — Expenses — Arkansas Code § 26-51-423
- 100-133 · Deductions — Losses — Arkansas Code § 26-51-424
- 100-134 · Deductions — Worthless debts — Arkansas Code § 26-51-425
- 100-135 · Deductions — Net operating loss carryover — Arkansas Code §…
- 100-136 · Deductions — Depreciation — Expensing of property — Arkansas…
- 100-137 · Nonresidents or part-year residents — Arkansas Code §…
- 100-138 · Medical savings accounts — Arkansas Code § 26-51-436
- 100-139 · FASITs — Arkansas Code § 26-51-440
- 100-140 · Deduction — College and technical school tuition — Arkansas…
- 100-141 · Household and dependent care services — Arkansas Code §…
- 100-142 · Income from sources outside Arkansas — Arkansas Code §…
- 100-143 · Returns by individuals — Arkansas Code § 26-51-801
- 100-144 · Partnership returns — Arkansas Code § 26-51-802
- 100-145 · Fiduciary returns — Arkansas Code § 26-51-803
- 100-146 · Filing returns — Time and place — Forms — Arkansas Code §…
- 100-147 · Filing returns — Extensions of time — Arkansas Code §…
- 100-148 · Failure to file return or include income — Arkansas Code §…
- 100-149 · Receipts for taxes — Arkansas Code § 26-51-809
- 100-150 · Forms for tax practitioners — Fee charged by department —…
- 100-151 · Information at source as to recipients of income — Arkansas…