Is my property exempt?

Category: Real Property Questions

The first question to be answered to determine if a property is exempt is, what property in Arkansas is exempt from taxation?

The Arkansas Constitution is very specific in determining what property is exempt, that being; (1) public property used exclusively for public purposes; (2) churches used as such; (3) cemeteries used exclusively as such; (4) school buildings and apparatus; (5) libraries and grounds used exclusively for school purposes; and (6) buildings and grounds and material used exclusively for charity, Ark. Constitution Art. 16 Sec. 5. (7) All capital invested in a textile mill for the manufacture of cotton and fiber goods in any manner is exempt for seven years from the date of the location of said mill, Arkansas Constitution Amd. 12. (8) Intangible personal property may be designated as one or more classes of personal property and such class or classes may be exempted by the legislature, Arkansas Constitution Amd. 57. All intangible personal property has been exempted by the legislature, ACA 26-3-302. Household furniture and furnishings, clothing, appliances, and other personal property within the home, if not held for sale, rental, or other commercial or professional use, are exempt, Arkansas Constitution Amd. 71.

Who makes the decision as to whether a property is exempt or not?

The assessor and the assessor alone has the full and sole authority to make the decision, but the decision is subject to appeal, The assessor will use the guidelines specified above, court decisions, and statutory mandates to determine exemption status.

How do I apply for exemption?

1. You need to fill out an exemption application which can be obtained on line or by coming to the office. This document, as well as other requested documents will be used in making a determination. If you do not agree with the determination you do have the right to appeal the assessors decision.

2. What property in Arkansas is exempt from taxation? (1) public property used exclusively for public purposes; (2) churches used as such; (3) cemeteries used exclusively as such; (4) school buildings and apparatus; (5) libraries and grounds used exclusively for school purposes; and (6) buildings and grounds and material used exclusively for charity, Ark. Constitution Art. 16 Sec. 5. (7) All capital invested in a textile mill for the manufacture of cotton and fiber goods in any manner is exempt for seven years from the date of the location of said mill, Arkansas Constitution Amd. 12. (8) Intangible personal property may be designated as one or more classes of personal property and such class or classes may be exempted by the legislature, Arkansas Constitution Amd. 57. All intangible personal property has been exempted by the legislature, ACA 26-3-302. Household furniture and furnishings, clothing, appliances, and other personal property within the home, if not held for sale, rental, or other commercial or professional use, are exempt, Arkansas Constitution Amd. 71.

3. Are there any uses of property not contained in the constitution that are exempt? No, all laws exempting property from taxation, other than as provided in the constitution, shall be void, Arkansas Constitution Art.16 Sec. 6. This section is a limitation upon the legislature to exempt property, Brodie v. Fitzgerald, 57 Ark. 445, 22 S.W. 29 (1893), Wayland v. Snapp, 232 Ark 57, 334 S.W.2d 633 (1960).