The Arkansas AR4PT form is a Nonresident Member Withholding Exemption Affidavit that allows nonresident members of pass-through entities, such as S-Corporations, Limited Liability Companies, Partnerships, Trusts, and others, to request exemption from Arkansas income tax withholding. This exemption is applicable according to the Arkansas Code Annotated 26-51-919(b)(1)(A) for the tax year indicated on the form and continues until a change is communicated to the Arkansas Department of Finance and Administration. Ensure your compliance and ease your tax filing process by clicking the button below to fill out the Arkansas AR4PT form.
Arkansas offers a route for nonresident members of pass-through entities, such as S-Corporations, partnerships, and limited liability companies, to exempt themselves from income tax withholding on their share of distributed Arkansas income through the AR4PT form, officially known as the Nonresident Member Withholding Exemption Affidavit. This detailed document not only permits a nonresident member to request exemption under specific conditions outlined in the Arkansas Code Annotated 26-51-919(b)(1)(A) but also sets forth the obligations for both nonresident members and the pass-through entities they are part of. By signing the AR4PT, a nonresident member agrees to submit to the jurisdiction of the Arkansas Department of Finance and Administration for tax purposes, timely file income tax returns, and pay any due taxes. The form is comprehensive in covering necessary member and entity information, the process for claiming the exemption, and the procedure to revoke this exemption if circumstances change. Moreover, it underscores the compliance requirements for both parties, including how entities should report exemptions and the annual submission of nonresident member details to the state. This system aims to streamline tax collection and compliance while providing flexibility for nonresident members engaged in business through pass-through entities in Arkansas.
STATE OF ARKANSAS
AR4PT
Nonresident Member Withholding
Exemption Afidavit
PART A: Pass-Through Entity Information
Name of Entity
FEIN
Address
Type of Pass-Through Entity
S-Corporation
Trust
City, State, Zip
Partnership
Other
Limited Liability Co.
PART B: Nonresident Member Information
Name of Member
SSN or FEIN
PART C: Withholding Tax Exemption
I,______________________________________________, as a nonresident member of the above named
pass-through entity, request to be exempt from Arkansas income tax withholding per Arkansas Code Annotated 26-51-919(b)(1)(A) for tax year ______________________, and all subsequent years, until I notify theArkansas
Department of Finance and Administration of a change in this election (see Part D.)
By signing this afidavit I agree to be subject to the personal jurisdiction of the Arkansas Department of Finance and Administration in the courts of this state for the purpose of determining and collecting any Arkansas taxes, including estimated tax payments, together with any related interest and penalties.
I agree to timely ile appropriate income tax returns, or be included in the pass-through entity’s income tax return, and make payment of all Arkansas taxes as required by law.
If I fail to abide by the terms of this afidavit I understand that the Arkansas Department of Finance and Administration may revoke at any time the withholding exemption granted under Arkansas Code Annotated 26-51-919(c)(5)(B).
PART D: Withholding Tax Exemption Revocation
pass-through entity, hereby revoke my previous withholding election dated_______________.
At this time, I request to be subject to income tax withholding on my share of distributed Arkansas income of the above named pass-through entity for tax year _______, and all subsequent years, until I notify theArkansas
Department of Finance and Administration of a change of this election.
PART E: Signature
____________________________________________________________
______________________
Signature of Nonresident Member
Date
Daytime Telephone Number __________________
AR4PT (R 10/29/09)
Instructions for Nonresident Member
Withholding Exemption Afidavit
Requirement to Make Withholding Payments
Arkansas Code Annotated 26-51-919(b)(1)(A) requires a pass-through entity to withhold income tax at the rate of 7% on each nonresident member’s share of distributed Arkansas income. A pass-through entity is not required to withhold income tax for any nonresident member who submits a Nonresident Member Withholding Exemption Afidavit (Form AR4PT).
Any nonresident member receiving a distribution of Arkansas income from a pass-through entity may claim an exemption from the withholding requirement by completing Parts A, B, C and E and submitting the completed afidavit to the pass-through entity.
A nonresident member who has previously received an exemption from the withholding requirement may revoke such exemption by completing Parts A, B, D and E and submitting the completed afidavit to the pass-through entity.
If any of the information provided in Parts A or B changes, a new afidavit must be iled with the pass-through entity.
Instructions for Pass-through Entity
The pass-through entity must retain the original Nonresident Member Withholding Exemption Afidavits and provide copies to
the Arkansas Department of Finance and Administration (DFA) upon request. All pass-through entities must provide DFA on an annual basis with the name, address, and identiication number of all nonresident members for whom they have received a Nonresident Member Withholding Exemption Afidavit on an annual basis as described below:
a.Pass-through entities are required to ile the nonresident member afidavit information on a CD or diskette using a spreadsheet format (such as Excel), a database format (such as Access), or a Delimited Text File. Due to security
reasons, the information cannot be sent electronically at this time. All of the information shown in Parts A and B must be provided using the predeined record layouts. The predeined record layouts may be accessed on our website at www.arkansas.gov/dfa/income_tax/tax_wh_forms/.
b.Please ile the CD or diskette using transmittal Form AR4PT-A by the due date of the pass-through entity’s income tax return, including extensions, at the address below.
c.To obtain a waiver from iling on a CD or diskette, the pass-through entity must mail a request to the DFA at the address below and detail any hardship that would result if required to ile on a CD or diskette.
d.For those pass-through entities that are granted a waiver, copies of all Nonresident Member Withholding Exemption
Afidavits must be iled using transmittal Form AR4PT-A by the due date of the pass-through entity’s income tax return, including extensions, at the address below.
Mailing Address
Individual Income Tax Section
Pass-Through Entity
Post Ofice Box 3628
Little Rock, AR 72203-3628
AR4PT Instr (R 10/29/09)
Filling out the Arkansas AR4PT Form is a straightforward process that allows nonresident members of pass-through entities to claim an exemption from income tax withholding on their share of distributed Arkansas income. This exemption is crucial for nonresident members seeking to manage their tax obligations effectively. It's important to complete the form accurately to ensure compliance with Arkansas state tax laws.
Once the form is completed, it should be submitted to the pass-through entity, not directly to any tax authority. The pass-through entity is responsible for retaining the original form and providing information from it to the Arkansas Department of Finance and Administration as required. This ensures that the nonresident member's exemption from withholding is recognized and appropriately documented.
What is the purpose of Form AR4PT in Arkansas?
Form AR4PT, known as the Nonresident Member Withholding Exemption Affidavit, serves a specific purpose for nonresident members of pass-through entities in Arkansas. It allows these members to declare their exemption from the state's requirement to withhold income tax on their share of Arkansas-sourced income. The form ensures that nonresident members who wish to self-manage their tax liabilities in Arkansas can do so, under the condition that they comply with state tax laws, including filing income tax returns and paying any taxes due.
Who needs to file the AR4PT form?
This form must be filed by nonresident members of Arkansas pass-through entities, such as S-Corporations, Partnerships, Trusts, Limited Liability Companies, and others, who receive income from these entities and seek exemption from withholding tax on their share of distributed Arkansas income. The affidavit is crucial for those individuals or entities that prefer to handle their tax obligations independently rather than having the pass-through entity withhold taxes on their behalf.
What information is required to complete the AR4PT form?
Completing the AR4PT form requires several pieces of information, divided into parts that detail both the pass-through entity and the nonresident member. Specifically, it needs the name and Federal Employer Identification Number (FEIN) of the entity, the entity's address, and type. For the nonresident member, it requests their name, Social Security Number (SSN) or FEIN, and address. Furthermore, the affidavit requires the nonresident member to sign and date the form, signaling their agreement to the terms, including the commitment to file income tax returns and pay any due taxes to Arkansas.
How can a nonresident member revoke their withholding exemption?
If a nonresident member wishes to revoke their exemption from income tax withholding by Arkansas pass-through entities, they must fill out parts A, B, and D of a new AR4PT form and sign part E. This action effectively reverses their previous decision to be exempt from withholding and subjects them to automatic withholding on their share of Arkansas-sourced income by the pass-through entity. The revocation remains in effect until the nonresident member decides to change this election again and notifies the Arkansas Department of Finance and Administration accordingly.
What are the responsibilities of a pass-through entity regarding the AR4PT form?
Pass-through entities have specific obligations concerning the AR4PT form. Firstly, they must retain the original affidavits submitted by their nonresident members and be ready to provide these documents to the Arkansas Department of Finance and Administration (DFA) upon request. Annually, these entities are required to furnish the DFA with a list of all nonresident members who have submitted a withholding exemption affidavit. This information must be submitted using a predefined format on a CD, diskette, or other approved method, by the due date of the entity's tax return, including extensions. Should there be a valid reason that prevents the use of these digital formats, entities can request a waiver to submit paper copies of the affidavits instead.
When filling out the Arkansas AR4PT form, people often make a variety of mistakes. Understanding these common errors can help ensure the process goes more smoothly and accurately. Here's a closer look at seven common mistakes:
Avoiding these mistakes not only ensures compliance with the Arkansas Department of Finance and Administration's requirements but also helps streamline the tax process for both nonresident members and pass-through entities.
When navigating the specifics of tax responsibilities in Arkansas, especially concerning the AR4PT Nonresident Member Withholding Exemption Affidavit, it's crucial to understand relevant documents and forms that often accompany or are utilized in conjunction with it. The successful management of tax obligations, exemptions, and compliance for nonresident members and their pass-through entities hinges on a comprehensive approach that includes an array of necessary legal and tax documentation.
Fulfilling tax responsibilities necessitates attention to detail and a thorough understanding of both state and federal tax laws. It requires a strategic approach that incorporates proper documentation, timely submissions, and a proactive stance on compliance. Entities and individuals dealing with Arkansas tax matters, particularly with the AR4PT, must ensure they are well-prepared with the appropriate forms and documents to navigate the complexities of tax compliance successfully.
The Arkansas AR4PT form shares similarities with several other documents across various jurisdictions, each playing a crucial role in the regulation and management of taxation for nonresident members of pass-through entities. Understanding these documents helps in grasping the breadth and depth of tax obligations for nonresident members in different contexts.
First, there's the California Form 592-B, which serves a similar purpose by providing a withholding tax statement to nonresident recipients, indicating the amount of income and withholding from California sources. Like the AR4PT, this form is fundamental for nonresidents to understand their tax obligations and for the state to ensure compliance with its tax laws, focusing on income earned within its borders by nonresidents.
Next, the IRS Form W-8BEN, Certificate of Foreign Status of Beneficial Owner for United States Tax Withholding, is akin to the AR4PT in its function to certify a nonresident's tax status to reduce or exempt them from tax withholding on income connected with U.S. sources. This form parallels the AR4PT's goal of establishing a nonresident member's tax liability to ensure proper tax treatment of earnings in the United States.
Another comparable document is the New York IT-2104-P, which is used by partnerships to certify the amount of New York State, New York City, or Yonkers tax to be withheld from nonresident partners. Similar to the AR4PT, this form ensures that nonresidents pay the appropriate amount of tax on income derived from sources within the jurisdiction, emphasizing the state's approach to tax compliance by nonresident entities.
The IRS Form 8804, Annual Return for Partnership Withholding Tax (Section 1446), also parallels the AR4PT form. This document is used by partnerships to report and pay the withholding tax on effectively connected taxable income allocable to foreign partners. Both forms are integral to the framework that governs how pass-through entities and their nonresident members fulfill their tax obligations, ensuring that income is properly reported and taxed.
Furthermore, the Oregon Form WR, Withholding Tax Return, shares similarities with the AR4PT in its role in reporting and remitting withholding taxes for nonresident members. This form highlights the mechanism through which states manage and track the withholding tax obligations of entities operating within their jurisdiction, ensuring that nonresidents are taxed appropriately on income earned within the state.
The Pennsylvania REV-1832, Nonresident Withholding Tax Declaration, is another document that resembles the AR4PT. This form outlines the declaration of withholding tax by partnerships or S Corporations on behalf of their nonresident members, ensuring that these members are accounted for in the state's tax system and that their tax obligations are met in a manner similar to those stipulated by the AR4PT in Arkansas.
Michigan's Form 4918, Withholding Annual Reconciliation, serves a parallel purpose by summarizing the withholding tax details on nonresident members and ensuring that the correct amount of tax has been withheld and remitted to the state. This document reflects the ongoing regulatory efforts to ensure tax compliance by pass-through entities on behalf of their nonresident members, resonating with the objectives of the AR4PT.
Last, the Wisconsin Form PW-1, Nonresident Income or Franchise Tax Withholding on Pass-Through Entity Income, like the AR4PT, mandates the withholding of state income tax for nonresident members. This form is crucial in the framework governing pass-through entities and their nonresident members, ensuring that income earned within the state by nonresidents is properly taxed, highlighting a common goal shared by various states to maintain tax compliance among nonresident earners.
Filling out the Arkansas AR4PT Nonresident Member Withholding Exemption Affidavit correctly is essential for nonresident members of pass-through entities looking to claim an exemption from Arkansas income tax withholding. Here are ten things you should and shouldn't do when completing this form:
When dealing with the Arkansas AR4PT Nonresident Member Withholding Exemption Affidavit, it's easy to come across misunderstandings. Let's clear up some of the most common misconceptions.
Only for Individuals: A common mistake is thinking the AR4PT form is solely for individual use. In reality, both individuals and entities acting as nonresident members of a pass-through entity can use this form to declare their exemption from withholding tax.
Yearly Submission Required: Another misconception is that the AR4PT needs to be submitted annually. However, once submitted, the exemption remains effective for subsequent years unless the nonresident member or the regulations change.
Applies Automatically: It's often mistakenly believed that exemptions apply automatically. The truth is, nonresident members must actively submit the AR4PT form to claim their withholding tax exemption.
Complex Submission Process: There's a belief that submitting the AR4PT form is a complex process. Actually, the form is straightforward and requires only completion of identified sections and submission to the pass-through entity, not directly to the Department of Finance and Administration.
For Arkansas Residents Only: Some people incorrectly assume this form is for Arkansas residents. The AR4PT form is specifically designed for nonresident members to claim exemption from Arkansas income tax withholding.
Electronic Submission Available: A prevalent misunderstanding is that the form can be submitted electronically. Current security measures require the submission on a CD, diskette, or as a printed document, with online or email submission not available for this form.
No Follow-Up Required: A common misplaced belief is that once the form is submitted, no further action is necessary. In reality, if a nonresident member's information changes, a new affidavit must be filed to reflect the changes.
Withholding Applies Only to Income Tax: Often, there is confusion thinking that the form exempts nonresident members from all types of withholding. It specifically pertains to income tax withholding on distributed income from pass-through entities and does not cover other taxes or withholdings.
Understanding these misconceptions can greatly simplify the process of dealing with Arkansas income tax withholding for nonresident members of pass-through entities, ensuring compliance and avoiding any potential issues with the Arkansas Department of Finance and Administration.
Filing the Arkansas AR4PT form is crucial for nonresident members of pass-through entities who wish to claim an exemption from Arkansas income tax withholding. Here are key takeaways to ensure the process is smooth and compliant:
This detailed approach to handling the AR4PT form ensures both the nonresident member and the pass-through entity understand their responsibilities and the importance of compliance with Arkansas tax statutes.
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