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Arkansas capital gains tax

Capital gains tax in Arkansas (2026): selling a business, real estate or farm

Short answerArkansas taxes only half of net capital gain, at a 3.7% top rate for 2026 (Act 2 of 2026), and stops counting at $10,000,000 of net capital gain per year (Form AR1000D). On a $15,000,000 gain taken in one year the engine shows $185,000 of Arkansas tax; spread over three years it rises to $277,500.

A ceiling no other state has: $10 million of net gain

Form AR1000D walks every Arkansas seller through the same steps: start with the federal long-term gain, adjust for depreciation differences, subtract any net short-term loss, and then, on line 7b, enter no more than $10,000,000. Line 8 multiplies that figure by 50% (AR1000D, revised April 2025). Net capital gain beyond $10 million in one year never reaches the tax table.

For the founder who sells a $40 million company, the Arkansas bill is capped at what $10 million of gain produces. The cap is annual, which is why timing matters more here than almost anywhere. Federal tax still applies to the whole gain: 20% above $613,700 of joint taxable income plus 3.8% NIIT where it applies (Rev. Proc. 2025-32, 2026); see the federal capital gains guide.

When spreading the sale costs more

Most state pages tell you an installment sale lowers the bill by keeping each year in a lower bracket. Arkansas is flat at the top, so spreading barely moves the rate, while it does multiply the $10 million ceiling problem in reverse. A $15,000,000 gain closed in cash in 2026 produces $185,000 of Arkansas tax and $3,750,065 in all. Report the same gain as $5,000,000 in each of three years and Arkansas takes $277,500, with total tax of $3,832,695, or $82,630 more.

A note can still make sense for buyer financing, security or federal reasons, and the gain in each year below $10 million gets the same 50% treatment. But for gains well above $10 million, the Arkansas math favors recognizing as much as possible in one year. A seller can elect out of the installment method; see electing out.

What the 50% exclusion does not reach

The half-off rule applies only to net capital gain. Three pieces of a typical sale are taxed in full at up to 3.7% for 2026:

  • Depreciation recapture on equipment and vehicles. Federal Form 4797 Part II ordinary gain goes on AR1000F line 15, adjusted for Arkansas depreciation (2025 instructions). In the $2,000,000 business example, the $400,000 of recapture is why Arkansas tax is $44,400 rather than a flat half-rate figure.
  • Short-term gain. AR1000D adds short-term gain separately on line 11, outside the 50% and outside the $10 million cap.
  • Ordinary income dressed up in the deal: consulting, non-compete and inventory payments. Purchase price allocation decides how much lands here.

Arkansas basis is not federal basis

Arkansas did not adopt federal bonus depreciation, so the instructions tell sellers to adjust gains and losses for depreciation differences on AR1000D lines 2, 5 and 10 (2025 AR1000F instructions). An owner who bonus-depreciated trucks or equipment federally has deducted less for Arkansas, so the Arkansas basis is higher and the Arkansas recapture smaller. Arkansas did adopt Section 179 as in effect on January 1, 2022, for purchases after 2022 (same instructions), which narrows the gap for newer assets. Keep a separate Arkansas depreciation schedule; without it the state return simply copies federal numbers and overstates the gain. More on the federal side in depreciation recapture.

Homes, land and the deed

Gain on a principal residence is exempt up to $250,000 per taxpayer or $500,000 for married couples on the same return, with the familiar two-of-five-years ownership and use test (2025 AR1000F instructions). Farmland and timberland that qualify as Section 1231 property flow through Schedule D as long-term gain and share in the 50% exclusion, which makes Arkansas a friendly place for farmland sales.

At closing, Arkansas levies a real property transfer tax of $3.30 per $1,000 of actual consideration on deeds over $100, mineral rights included (DFA). On a $5,000,000 property that is $16,500; the contract sets who pays.

The 2026 rate and planning around it

Arkansas cut its top rate from 3.9% to 3.7% for 2026 and later in SB1, which became Act 2 of the 2026 extraordinary session; the 3.7% bracket begins above $94,700 of net taxable income, with a bracket adjustment for incomes just above that line (DFA fiscal impact statement, April 2026).

With an effective rate near 1.85% on long-term gain in 2026, the state layer is rarely the deciding factor in an Arkansas sale; the federal 20%, NIIT and recapture are. Compare neighbors on the capital gains tax by state table, such as Oklahoma and Tennessee. To test a cash closing against a note, a 1031 and other paths with your numbers, get the Big Sale Tax Analysis.

What to know

The $10 million ceiling rewards one big year, but one big year also concentrates federal tax, and a cash closing gives up the interest a note would earn. If the buyer needs seller financing anyway, the note's down payment, security and personal guarantee terms matter more than the Arkansas difference. The 50% exclusion does nothing for recapture or short-term gain, and federal bonus depreciation means Arkansas numbers must be tracked separately. Rates here are 2026 law; Arkansas has changed its top rate several times in recent years.

Worked example

Married filing jointly, $150,000 of other income; $1,600,000 long-term gain plus $400,000 of equipment recapture, cash in 2026. NIIT applies (passive owner). Same couple sells a company for a $15,000,000 long-term gain paid in cash at closing. Same gain reported on the installment method, $5,000,000 a year in 2026, 2027 and 2028; note interest left out.

Engine runBusiness asset sale, $2M gain$15M gain, all in 2026$15M gain over three years
Filing statusMarried, jointMarried, jointMarried, joint
StateArkansasArkansasArkansas
Tax years113
Other income (wages, pension, interest) per year$150,000$150,000$150,000
Long-term capital gain$1,600,000$15,000,000$15,000,000
Section 1245 recapture (ordinary income)$400,000$0$0
Federal income tax on the sale$448,975$2,998,865$2,996,595
Net investment income tax (3.8%)$72,200$566,200$558,600
State income tax on the sale$44,400$185,000$277,500
Total tax caused by the sale$565,575$3,750,065$3,832,695
Effective rate on the gain28.3%25.0%25.6%
Gain kept after these taxes$1,434,425$11,249,935$11,167,305

Computed October 7, 2026 by the Big Sale Tax engine (engine.js yearTax): federal brackets, 0/15/20% thresholds and AMT from Rev. Proc. 2025-32 (OBBBA-adjusted) and the One Big Beautiful Bill Act (P.L. 119-21); NIIT under IRC 1411 (thresholds not indexed); state tax from the engine's state table. "Tax caused by the sale" = tax with the sale minus tax without it. Excludes selling costs, local taxes and estimated-tax timing. Education only.

Run your own numbers

Federal on the sale$0
NIIT$0
State$0
Total tax, held over a year$0
Effective rate0%
If held one year or less$0

2026 law from the engine: federal 0/15/20% brackets (Rev. Proc. 2025-32), 25% cap on unrecaptured 1250 gain, ordinary rates on 1245 recapture, 3.8% NIIT over $200,000 single / $250,000 joint (IRC 1411), AMT, and your state's rules. Tax shown is the tax caused by the sale. Excludes selling costs, local taxes and NIIT exceptions for active business owners. Education only.

Free PDF sheet

Long-Term vs Short-Term Capital Gains (2026)

The one-year holding rule, the 2026 0/15/20% thresholds for every filing status, NIIT, recapture, the state layer and a worked $200,000 example: 11 months vs 13 months, and what spreading the gain can save.

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Frequently asked questions

What is the $10 million capital gains exclusion in Arkansas?
On Form AR1000D, net capital gain above $10,000,000 in a tax year is simply not entered: line 7b caps the figure at $10,000,000, and only 50% of that capped figure is taxed. A $25 million gain in one year is taxed as if it were $10 million, and then only half of it.
What is Arkansas's 50% capital gains exclusion, exactly?
Arkansas taxes 50% of net capital gain, meaning long-term gain after subtracting any net short-term loss (AR1000D line 8). Short-term gain and ordinary gain from Form 4797, such as Section 1245 recapture, are taxed in full. At the 2026 top rate of 3.7%, the effective rate on qualifying long-term gain is about 1.85%.
What is Arkansas's top income tax rate for 2026?
3.7% on net taxable income above $94,700, cut from 3.9% by SB1 (Act 2 of the 2026 extraordinary session) for 2026 and later years. Capital gains are not taxed at a separate rate; half of net capital gain is simply added to income and taxed under the same table.
Does Arkansas have capital gains tax on real estate?
Yes, at the same reduced rate: 50% of the long-term gain on land or a building is taxed, up to 3.7% in 2026. Gain on a principal residence is exempt up to $250,000 per taxpayer ($500,000 married) if you owned and lived there two of the last five years.
Does Arkansas tax long-term capital gains?
Yes, but lightly: half of net long-term gain is exempt, and net capital gain over $10 million in a year is fully exempt. On a typical $1 million to $5 million sale the Arkansas bill is a small fraction of the federal one.
Should I use an installment sale in Arkansas?
Below $10 million of gain, an installment sale changes the Arkansas bill very little because the top rate is flat. Above $10 million, spreading the gain can raise Arkansas tax, since each year gets its own ceiling only up to $10 million of taxable net gain. Federal and credit considerations usually decide it.
How Hans helps: the $5,000 Big Sale Tax Analysis runs your sale through every path that fits: a cash sale, a Section 453 installment sale, 1031, Opportunity Zones, charitable trusts, timing and loss offsets, year by year, and ends with a written recommendation your CPA can check. Get the Big Sale Tax Analysis.
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