everything you want to know (and don't) about arkansas politics

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Taxes & Budget

SB233

To Amend The Income Tax Laws Relating To Certain Trusts; To Preserve Certain Trust Assets; And To Exempt Certain Trusts From Income Tax.

Failed

Last Action (May 5, 2025): Died in Senate Committee at Sine Die adjournment.

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AI-Generated Summary

Senate Bill 233 seeks to amend Arkansas income tax law to provide a tax exemption for certain nongrantor trusts. The bill specifically targets trusts administered by trustees who are residents of Arkansas, provided the trust is not considered a grantor trust under federal tax laws. The legislative intent is to improve the state's competitiveness in the financial services sector by incentivizing residents to keep trust assets within Arkansas rather than establishing trusts in other states to avoid taxation. By removing the trust-level income tax on these entities, the state aims to attract more assets for management and administration by Arkansas-based trustees. The act is intended to apply to tax years beginning on or after January 1, 2025.

Potential Impact Analysis

Who Might Benefit?

The primary beneficiaries include Arkansas-based trustees, financial services firms, and wealthy individuals or families who utilize nongrantor trusts for asset management and estate planning. By exempting these trusts from state income tax, these individuals may see reduced tax liability on trust assets, while Arkansas financial institutions and trust administrators stand to gain increased business and economic activity.

Who Might Suffer?

The state government of Arkansas would be negatively impacted in the short term through a reduction in state income tax revenue collected from trusts that would have otherwise been taxable. Additionally, taxpayers who do not utilize nongrantor trusts may perceive a shift in the tax burden, as the state foregoes revenue that could have otherwise been allocated to public services.

Read Full Bill on arkleg.state.ar.us