The Arkansas AR4PT form is a Nonresident Member Withholding Exemption Affidavit that allows nonresident members of pass-through entities to request exemption from Arkansas income tax withholding. By completing this form, individuals can ensure that their share of distributed Arkansas income is not subject to withholding, provided they meet the necessary criteria. If you are a nonresident member, please take a moment to fill out the form by clicking the button below.
The Arkansas AR4PT form is an important document for nonresident members of pass-through entities, such as S-corporations, partnerships, and limited liability companies. This form allows these members to request an exemption from Arkansas income tax withholding on their share of distributed income. By completing the AR4PT, nonresident members can ensure that their pass-through entity does not withhold the standard 7% tax on their distributions, provided they meet the necessary criteria outlined in Arkansas Code Annotated 26-51-919(b)(1)(A). The form requires specific information, including details about the pass-through entity and the nonresident member, as well as a declaration of the exemption request. Additionally, if a nonresident member wishes to revoke a previously granted exemption, they can do so by submitting a revised form. The AR4PT also includes instructions for both nonresident members and pass-through entities, ensuring compliance with state tax regulations. Proper submission and record-keeping are essential, as the pass-through entity must retain the original affidavits and report them to the Arkansas Department of Finance and Administration as required.
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. Follow these steps to ensure you complete the form correctly. Once the form is filled out, submit it to the pass-through entity from which you receive Arkansas income distributions.
The Arkansas AR4PT form is designed for nonresident members of pass-through entities, such as partnerships or S-corporations, to claim an exemption from Arkansas income tax withholding. According to Arkansas law, pass-through entities are required to withhold 7% of a nonresident member's share of distributed Arkansas income. However, by submitting this affidavit, nonresident members can avoid this withholding, provided they meet certain criteria and agree to comply with Arkansas tax laws.
Any nonresident member receiving a distribution of Arkansas income from a pass-through entity may need to fill out the AR4PT form. This includes individuals who are part of various types of pass-through entities, such as partnerships, S-corporations, trusts, and limited liability companies. If a nonresident member has previously claimed an exemption but wishes to revoke it, they must also complete this form to indicate their new withholding preference.
The AR4PT form consists of several parts that require specific information:
Once the AR4PT form is completed, it should be submitted to the pass-through entity from which the nonresident member is receiving income. The pass-through entity is responsible for retaining the original form and may be required to provide copies to the Arkansas Department of Finance and Administration (DFA) upon request. If any information changes, such as the member's address or the entity's details, a new form must be submitted to ensure compliance with Arkansas tax regulations.
Failing to provide complete information in Part A and Part B can lead to delays or rejection of the form. It's essential to fill in the name of the entity, FEIN, and address accurately.
Overlooking the requirement to sign the affidavit in Part E is a common mistake. Without a signature, the form is not valid and cannot be processed.
Not specifying the correct tax year in Part C can result in confusion regarding the exemption period. Always ensure the year is clearly indicated.
Neglecting to notify the Arkansas Department of Finance and Administration of any changes in information can lead to unintended tax liabilities. Keep records updated and file a new affidavit if necessary.
Submitting the affidavit to the wrong entity or failing to provide it to the pass-through entity can cause the exemption to be disregarded. Always ensure that the completed form is sent to the correct address.
The Arkansas AR4PT form is an important document for nonresident members of pass-through entities who wish to claim an exemption from state income tax withholding. Alongside this form, several other documents may be used to ensure compliance with Arkansas tax regulations. Below is a list of these forms and documents, along with brief descriptions of each.
Each of these forms plays a vital role in the overall tax compliance process for nonresident members of pass-through entities in Arkansas. Understanding their purpose and how they interrelate can help ensure that all necessary filings are completed accurately and on time.
The Arkansas Nonresident Member Withholding Exemption Affidavit, known as the AR4PT form, shares similarities with the IRS Form W-8BEN. Both documents serve to establish the tax status of individuals who are not residents of the state or country where the income is generated. The W-8BEN is used by foreign individuals to claim a reduced rate or exemption from withholding on certain types of income, such as dividends or interest, while the AR4PT form allows nonresident members of pass-through entities to claim an exemption from Arkansas state income tax withholding. Each form requires personal identification information and a declaration of tax status, ensuring compliance with tax regulations while preventing unnecessary withholding.
Another document comparable to the AR4PT form is the IRS Form 8832, which is used by entities to elect their classification for federal tax purposes. Like the AR4PT, Form 8832 requires specific information about the entity, including its name, address, and tax identification number. Both forms facilitate the proper classification of tax obligations, ensuring that entities and their members are treated correctly under tax laws. The AR4PT specifically addresses state-level withholding exemptions for nonresident members, while Form 8832 focuses on federal classification, highlighting the importance of understanding both state and federal tax responsibilities.
The IRS Form 1065, which is the U.S. Return of Partnership Income, also bears resemblance to the AR4PT form. Form 1065 is filed by partnerships to report their income, deductions, and other tax-related information. Similar to the AR4PT, it requires detailed information about the partnership and its members. Both documents are crucial for tax compliance, as they ensure that income is accurately reported and that appropriate withholding or tax exemptions are applied. The AR4PT form specifically addresses the withholding exemption for nonresident members, while Form 1065 captures the overall financial picture of the partnership.
In addition, the IRS Form 990, which is used by tax-exempt organizations to provide information on their activities, finances, and governance, shares some common elements with the AR4PT form. Both forms require detailed information about the entity, including its purpose and the individuals involved. While Form 990 is focused on transparency and accountability for nonprofit organizations, the AR4PT form aims to clarify the tax status of nonresident members in pass-through entities. Each document plays a vital role in ensuring compliance with tax laws, albeit in different contexts.
Lastly, the Arkansas Form AR1000NR, the Nonresident Individual Income Tax Return, is another document that aligns closely with the AR4PT form. This form is utilized by nonresidents to report their income earned in Arkansas and to calculate their tax liability. Similar to the AR4PT, the AR1000NR requires personal information and details about the income sources. Both forms are essential for nonresidents navigating their tax obligations in Arkansas, as they help delineate the responsibilities of nonresident members in relation to their income and withholding exemptions.
When filling out the Arkansas AR4PT form, it is essential to follow specific guidelines to ensure accuracy and compliance. Below is a list of things you should and shouldn't do:
Misconceptions about the Arkansas AR4PT form can lead to confusion for nonresident members of pass-through entities. Here are nine common misconceptions, along with clarifications:
Understanding these misconceptions can help nonresident members navigate their responsibilities and ensure compliance with Arkansas tax laws.
When dealing with the Arkansas AR4PT form, there are several important points to keep in mind to ensure a smooth process. Below are key takeaways that can help navigate the requirements effectively.
These takeaways will help ensure compliance with Arkansas tax regulations and facilitate the proper handling of nonresident member income. Staying informed and organized is key to managing your tax obligations effectively.