Arkansas Foreign Registration · May 1 tax report
The Arkansas May 1 franchise tax report for a foreign LLC
An LLC that registered here as a foreign company files an annual franchise tax report and pays $150 on or before May 1 each year. A late report adds $25 plus daily interest, and Arkansas gives no extensions. For an LLC this one report is the whole yearly filing, since the LLC act treats it as the annual report.
The report at a glance
| Name | Annual LLC franchise tax report (Arkansas Secretary of State) |
|---|---|
| Amount | $150 when filed on time |
| Due | May 1 each year |
| Tax year | the year ending December 31 before the reporting year |
| Late | $25 penalty, plus daily interest: the tax plus the 25 dollar penalty multiplied by .000274 for each day deficient |
| Extensions | None; all reports are due on or before May 1 |
| Law | A.C.A. 4-38-212 and the franchise tax statute, 26-54-101 et seq. |
Why a tax report is also the annual report
The LLC act requires a registered foreign LLC to deliver an annual report to the Secretary of State, stating its name, its agent, its principal office, at least one member or manager, and for a foreign company its jurisdiction and any alternate name (A.C.A. 4-38-212). The same section says an LLC has satisfied that duty if it has met the requirements of the Arkansas Corporate Franchise Tax Act (A.C.A. 4-38-212(f)). So for an LLC, the May 1 franchise tax report is the one yearly filing.
What the report asks
The report collects the tax contact, the registered agent, the principal office in Arkansas, whether members or managers manage, and the names of the members or managers, the tax preparer, the federal tax ID and the nature of the business. It is signed by any manager, or any member if members manage, or the tax preparer, in black ink. Because the statute treats differing agent information in the report as a statement of change (A.C.A. 4-38-212(e)), a company can correct the agent there, though the separate Form DO-03 costs nothing and makes the change clear. Changes of name or similar must go to the Business and Commercial Services Division and cannot be noted on the report ().
The deadline, exactly
To be timely, the report and payment must be received by the close of business on May 1 or postmarked by the U.S. Postal Service no later than midnight on May 1. A postage meter date does not count. There is no extension: the instructions say the 1991 acts eliminated them (). Note the March 20 rule: a company that has not received a form by March 20 must ask in writing for paper forms, or download the fillable PDF, or file online. The first report is the one after registration: the form's tax sheet places the first due date on May 1 of the year after formation.
The late math
| Item | How it is figured | Example |
|---|---|---|
| Original tax | The franchise tax due May 1 | $150 |
| Late filing penalty | Added once the report is late | $25 |
| Subtotal | Tax plus penalty | $175 |
| Interest | Subtotal times .000274 times the days deficient | $1.44 for 30 days |
| Total due | Subtotal plus interest | $176.44 |
The days are counted from May 1.
Filing mechanics
Filing is online, or by mail to Business and Commercial Services, P.O. Box 8014, Little Rock, Arkansas 72203-8014. The Secretary of State says franchise taxes can also be paid in person at its Little Rock or Fayetteville office. Annual reports are generally processed in one to two weeks, and online filings are updated nightly. For an LLC that registered through us, we put the first May 1 on your calendar.
What a missed report leads to
The Secretary of State explains that revocation occurs for failure to meet franchise tax obligations, most often an unpaid annual tax (). For a registered foreign LLC, the Code lets the Secretary of State terminate the registration if the annual report is not delivered within 60 days of its due date or a fee or tax goes unpaid for 60 days (A.C.A. 4-38-910(a)). The notice gives at least 60 days, and the company can cure by filing and paying.
Who is not in the system
The instructions exclude nonprofit corporations that are exempt from federal income tax, and entities formed under the Uniform Partnership Act and the Uniform Limited Partnership Act, from franchise tax reports (). A foreign LLC is not excluded; every LLC, domestic or foreign, owes the same $150 if it files on time.
Franchise tax questions
Is the tax based on revenue?
For an LLC that files on time, the instructions say the liability is only $150.
Can I ask for an extension?
No. The instructions state that extensions were eliminated.
Does registering in March mean a report in May?
The tax sheet puts the first due date on May 1 of the year after formation. We confirm your first date when we file.
Can I file the report myself?
Yes. It is filed online or on paper by the company, and the first date is on the calendar we give you.
Our fee and the Arkansas fee
Register in Arkansas
+ $270 Arkansas fee
- Form FL-01, Application for Certificate of Registration of Foreign Limited Liability Company, filed online at the lower fee
- Your home state's certificate of existence, ordered for the filing
- An Arkansas registered agent: ours, or the one you already have
- The filed certificate of registration, sent to you with your first franchise tax date
- Renewal: after the first year, the agent service renews at $149 a year
$199
Arkansas
Start my Arkansas filingWe show our fee and the Arkansas fee as two lines at checkout. The Arkansas fee passes through at cost. $199 plus the state fee, including your first year of registered agent service; after that the agent service renews at $149 a year.
Working in Arkansas?
File through us and your company pays the online rate while we handle the certificate, the application and the agent.