Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of March 28, 2024 | Updated by Findlaw Staff
As used in this subchapter:
(1) “Application” means a written plan for development and operation of the project, including all requirements the Arkansas Natural Resources Commission may adopt by rule;
(2) “Commission” means the Arkansas Natural Resources Commission;
(3) [Repealed by Acts of 2023, Act 691, § 210, eff. July 1, 2023.]
(4) “Division” means the Revenue Division of the Department of Finance and Administration;
(5)(A) “Eligible donee” means a qualified organization under 26 U.S.C. § 170(h)(3), as in effect on January 1, 2009, and corresponding regulations in 26 C.F.R. § 1.170A-14(c), as in effect on January 1, 2009.
(B) A nongovernmental qualified organization must have adopted the Land Trust Alliance Land Trust Standards and Practices, as in effect on January 1, 2009, in order to qualify as an “eligible donee”;
(6) “Eligible donor” means any person or entity that owns a qualified real property interest, including without limitation an individual, corporation, trust, estate, and partnership or other pass-through legal entity;
(7) “Project” means wetlands or riparian zones created or restored by activities for which tax credits are claimed;
(8) “Project cost” means the actual expenditure for a project, less any reimbursement received by the taxpayer from cost-share programs;
(9) “Qualified appraisal” means an appraisal in accordance with 26 C.F.R. § 1.170A-13(c)(3), as in effect on January 1, 2009, and the Uniform Standards of Professional Appraisal Practice, as in effect on January 1, 2009;
(10) “Qualified conservation purpose” means a conservation purpose as defined by 26 U.S.C. § 170(h)(4), as in effect on January 1, 2009, and corresponding regulations in 26 C.F.R. § 1.170A-14(d), as in effect on January 1, 2009;
(11) “Qualified real property interest” means an interest in real property located completely in this state and containing wetlands or riparian zones, which also meets the definition of a qualified real property interest under 26 U.S.C. § 170(h)(2), as in effect on January 1, 2009, and the corresponding regulations in 26 C.F.R. § 1.170A-14(b), as in effect on January 1, 2009;
(12) “Riparian zone” means:
(A) An area of land along the bank of a natural watercourse or contiguous to a body of water that is set aside to reduce impacts of adjoining land use on the stream or water body; or
(B) Any other definition promulgated by the Arkansas Natural Resources Commission; and
(13) “Wetlands” means:
(A) An area that:
(i) Has water at or near the surface of the ground at some time during the growing season, wetland hydrology;
(ii) Contains plants that are adapted to wet habitats, hydrophytic vegetation; and
(iii) Is made up of soils that have developed under wet conditions, hydric soils; or
(B) Any other definition promulgated by the Arkansas Natural Resources Commission.
Cite this article: FindLaw.com - Arkansas Code Title 26. Taxation § 26-51-1503. Definitions - last updated March 28, 2024 | https://codes.findlaw.com/ar/title-26-taxation/ar-code-sect-26-51-1503/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)