(a) Depreciation — Arkansas Code § 26-51-428(a).
(1)
- (A) For property placed in service during tax years beginning before January 1, 1995, I.R.C. §§ 167, 168, and 179 as in effect on January 1, 1991, shall apply.
- (B) The I.R.C. § 179 deduction is limited to ten thousand dollars ($10,000).
- (C) Any I.R.C. § 179 expense disallowed because of the limitation:
(i) May be depreciated by regular depreciation methods appropriate for that property; or
- (ii) Can be carried forward.
(2)
- (A) Property placed in service during tax years beginning before January 1, 1995, will have a useful life as determined by I.R.C. § 168 as in effect on January 1, 1991.
- (B) Property placed in service during tax years beginning on or after January 1, 1995, will have a useful life as determined by I.R.C. § 168 as in effect on January 1, 1995.
- (3) Any differences in basis because of depreciation differences must be included in the determination of gain or loss upon disposition of the property.
(b) Amortization of intangibles — Arkansas Code § 26-51-428(c).
- (1) For tax years beginning before January 1, 1995, I.R.C. § 197 regarding amortization of intangibles shall apply.
- (2) For tax years beginning on or after January 1, 1995, I.R.C. § 197 shall apply.
- (3) Any differences in Arkansas and federal basis must be considered in calculating gain or loss upon disposition of the intangibles.
Codification Notes: I.R.C. § 167 is codified at 26 U.S.C. § 167. I.R.C. § 168 is codified at 26 U.S.C. § 168. I.R.C. § 179 is codified at 26 U.S.C. § 179. I.R.C. § 197 is codified at 26 U.S.C. § 197.