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TWIST - This Week in State Tax

06.24.2024 | Duration: 1:30

Summary of an Arkansas corporate income tax rate change, and sales tax legislation in Oklahoma and Vermont.

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Weekly TWIST recap

Welcome to TWIST for the week of June 24, 2024 featuring Sarah McGahan from KPMG’s Washington National Tax State and Local Tax practice.

Today we are covering an Arkansas corporate income tax rate change, and sales tax legislation in Oklahoma and Vermont.

After a short special session, Senate Bill 1 has been signed into law reducing Arkansas’ corporate income tax rate. Under prior law, a corporate rate of 4.8 percent applied to net income exceeding $11,000. Under Senate Bill 1, that highest rate is reduced to 4.3 percent. This change is retroactive to tax years beginning on or after January 1, 2024.

Oklahoma House Bill 1600, which was recently enacted, creates a new sales and use tax exemption for certain types of equipment used to mine digital assets. During the period beginning November 1, 2024 through December 31, 2029, the exemption applies to sales of machinery and equipment, as well as electricity, used for commercial mining of digital assets in a colocation facility.

Finally, a Vermont bill enacted over Governor Phil Scott’s veto changes the taxation of remotely accessed software. Going forward, taxable “tangible personal property” includes prewritten computer software regardless of the method in which the prewritten computer software is paid for, delivered, or accessed. This change is effective July 1, 2024. 

Arkansas: Additional Rate Reductions Pass During Special Session

After a short special session, legislation (Senate Bill 1) has been signed into law reducing Arkansas’ corporate income tax rate. Under prior law, a corporate rate of 4.8 percent applied to net income exceeding $11,000. Under Senate Bill 1, that highest rate is reduced to 4.3 percent. This change is retroactive to tax years beginning on or after January 1, 2024. This is the third tax rate change enacted in Arkansas in recent years; there were two separate rate reductions enacted in 2023.  Please stay tuned to TWIST for future corporate rate changes. 

Oklahoma: Exemption for Equipment Used in Digital Asset Mining

Oklahoma House Bill 1600, which was recently enacted, creates a new sales and use tax exemption for certain types of equipment used to mine digital assets. During the period beginning November 1, 2024 through December 31, 2029, the exemption applies to sales of machinery and equipment, including but not limited to, servers and computers, racks, power distribution units, cabling, switchgear, transformers, substations, software, and network equipment, as well as electricity used for commercial mining of digital assets in a colocation facility. "Commercial mining of digital assets" means the process through which blockchain technology is used to mine digital assets at a colocation facility. A “colocation facility" means a facility in Oklahoma utilized in the commercial mining of digital assets or in hosting persons engaged in the commercial mining of digital assets. A facility will not qualify as a "colocation facility" unless the facility has entered into a load reduction agreement, which is defined as an agreement between the customer and the local electric cooperative, municipality, electric utility, or market operator to temporarily reduce or curtail the customer's use of electric power to respond to inclement weather or other adverse conditions.  Please contact Brian Culvey with questions on the new Oklahoma exemption. 

Vermont: Bill to Tax Remotely Accessed Software Enacted

In 2015, Vermont law was changed to specifically provide that charges for the right to remotely access prewritten computer software are not considered charges for tangible personal property. The sale of tangible personal property is, of course, subject to sales and use tax. Recently, legislation (House Bill 887) was enacted over Governor Phil Scott’s veto that changes the taxation of remotely accessed software. Going forward, “tangible personal property” includes electricity, water, gas, steam, and prewritten computer software regardless of the method in which the prewritten computer software is paid for, delivered, or accessed. This change is effective July 1, 2024, so relatively quickly. Please contact Ryanne Tannenbaum with questions. 

Meet our podcast team

Image of Sarah McGahan
Sarah McGahan
Managing Director, State & Local Tax, KPMG US

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