(a) The gross receipts or gross proceeds derived from the sale of machinery, new and used equipment, and related attachments that are sold to or used by a person engaged primarily in the harvesting of timber are exempt from the taxes levied by this chapter and the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.(b) The machinery, new or used equipment, and related attachments are exempt under this section only if they are:(1) Purchased by a person whose primary activity is the harvesting of timber; and(2) Used exclusively in the off-road activity of harvesting of timber.(c) The exemption provided in this section does not apply to a purchase of a repair or replacement part for the machinery, new or used equipment, or related attachment.(d) As used in this section: (1) 'Equipment' means only complete systems or units that operate exclusively and directly in the harvesting of timber;(2) 'Harvesting of timber' means the use of off-road equipment and related attachments in every forestry procedure starting with the severing of a tree from the ground through the point at which the tree or its parts in any form have been loaded in the field in or on a truck or other vehicle for orestry procedure starting with the severing of a tree from the ground through the point at which the tree or its parts in any form have been loaded in the field in or on a truck or other vehicle for transport to the place of use;(3) 'Machinery' means only complete systems or units that operate exclusively and directly in the harvesting of timber;(4) 'Off-road equipment' means skidders, feller bunchers, delimbers of all types, chippers of all types, loaders of all types, and bulldozers equipped with grapples used as skidders; and(5) 'Primary activity' means the principal business activity in which a person is engaged and to which more than fifty percent (50%) of all the resources of his or her business activities are committed.Amended by Act 2013, No. 1402,§ 1, eff. 7/1/2014.Acts 1999, No. 1334, § 1; 2001, No. 622, § 1; 2007, No. 860, § 4. (a) The gross receipts or gross proceeds derived from the sale of machinery, new and used equipment, and related attachments that are sold to or used by a person engaged primarily in the harvesting of timber are exempt from the taxes levied by this chapter and the Arkansas Compensating Tax Act of 1949, § 26-53-101 et seq.(b) The machinery, new or used equipment, and related attachments are exempt under this section only if they are:(1) Purchased by a person whose primary activity is the harvesting of timber; and(2) Used exclusively in the off-road activity of harvesting of timber.(c) The exemption provided in this section does not apply to a purchase of a repair or replacement part for the machinery, new or used equipment, or related attachment.(d) As used in this section: (1) 'Equipment' means only complete systems or units that operate exclusively and directly in the harvesting of timber;(2) 'Harvesting of timber' means the use of off-road equipment and related attachments in every forestry procedure starting with the severing of a tree from the ground through the point at which the tree or its parts in any form have been loaded in the field in or on a truck or other vehicle for orestry procedure starting with the severing of a tree from the ground through the point at which the tree or its parts in any form have been loaded in the field in or on a truck or other vehicle for transport to the place of use;(3) 'Machinery' means only complete systems or units that operate exclusively and directly in the harvesting of timber;(4) 'Off-road equipment' means skidders, feller bunchers, delimbers of all types, chippers of all types, loaders of all types, and bulldozers equipped with grapples used as skidders; and(5) 'Primary activity' means the principal business activity in which a person is engaged and to which more than fifty percent (50%) of all the resources of his or her business activities are committed.Amended by Act 2013, No. 1402,§ 1, eff. 7/1/2014.Acts 1999, No. 1334, § 1; 2001, No. 622, § 1; 2007, No. 860, § 4.
Arkansas Legal Code