# Ark. Code Ann. § 26-18-305: Examinations and investigations > Arkansas · Statutes · In force URL: https://www.frixlaw.com/law-library/statutes/STATE_AR_T26_C18_S3_S26-18-305 ## Section - **Citation:** Ark. Code Ann. § 26-18-305 - **Heading:** Examinations and investigations - **Jurisdiction:** Arkansas - **Kind:** Statutes - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** AR Code / Title 26 / Chapter 18 / Subchapter 3 / Section 26-18-305 ## Text (a) (1) (A) In the administration of any state tax law, the Secretary of the Department of Finance and Administration, for the purpose of determining the accuracy of a return or fixing any liability under any state tax law, may make an examination or investigation of the place of business, the tangible personal property, equipment, and facilities, and the books, records, papers, vouchers, accounts, and documents of any taxpayer or other person. (B) Every taxpayer or other person and his or her agents and employees shall exhibit to the secretary these places and items and facilitate any examination or investigation. (2) (A) The secretary may employ proper and reasonable audit methods as he or she deems necessary, including the use of sampling. (B) If sampling is to be employed as an audit method, the taxpayer's consent to the sampling technique must be obtained at the commencement of the audit. (b) No taxpayer shall be subjected to unnecessary examination or investigations, and only one (1) inspection of a taxpayer's books of account shall be made for each taxable year unless the taxpayer requests otherwise or unless the secretary, after investigation, notifies the taxpayer in writing that an additional inspection is necessary. (c) (1) When conducting an investigation or an audit of any taxpayer, the secretary may, in his or her discretion, examine the records and files of any person, except when privileged by law, any other business, institution, financial institution, the records of any state agency, agency of the United States Government, or agency of any other state when permitted by agreement or reciprocity. (2) (A) The secretary may compel production of these records by summons. (B) The summons may be served directly by the secretary. (d) In the administration of any state tax law, the secretary may: (1) Administer oaths, conduct hearings, and compel by summons the attendance of witnesses, testimony, and the production of any books, records, papers, or other data of any person or taxpayer; or (2) (A) Examine under oath any person regarding the business of any taxpayer concerning any matter incident to the administration of any state tax law. (B) (i) The fees of witnesses required by the secretary to attend any hearing shall be the same as those allowed to the witnesses appearing before circuit courts of this state. (ii) The fees shall be paid in the manner provided for the payment of other expenses incident to the administration of any state tax law. (e) (1) The investigation may extend to any person that the secretary determines has access to information which may be relevant to the examination or investigation. (2) When any summons requiring the production of records as described in subsection (c) of this section is served on a third-party recordkeeper, written notice of the summons shall be mailed to the taxpayer that his or her records are being summoned, at least fourteen (14) days prior to the date fixed in the summons as the day for the examination of the records. (3) Notice to the taxpayer required by this section is sufficient if it is mailed by certified mail to the last address on record with the secretary. (f) When the secretary has the power to issue a summons for his or her own investigative or auditing purposes, then the secretary shall honor any reasonable request by any taxpayer to issue a summons on the taxpayer's behalf. (g) (1) The secretary or the taxpayer may apply to the circuit court of the county of the taxpayer's residence, place of business, or county where the summons can be served as with any other case at law for any order compelling the production of the summoned records. (2) Failure to comply with the order of the court for the production of records may be punished by the court as for contempt. (h) (1) The cost of producing records of a third party required by a summons shall be borne by the taxpayer if he or she requests the summons to be issued he summons can be served as with any other case at law for any order compelling the production of the summoned records. (2) Failure to comply with the order of the court for the production of records may be punished by the court as for contempt. (h) (1) The cost of producing records of a third party required by a summons shall be borne by the taxpayer if he or she requests the summons to be issued. (2) (A) If the secretary initiates the summons for third-party records, the secretary shall bear the reasonable cost of producing the records. (B) The secretary may later assess the cost against any delinquent or deficient taxpayer as determined by the records. (i) (1) The secretary may examine the books, records, and other documents of transportation companies, agencies, firms, or persons that conduct business by truck, rail, water, airplane, or otherwise in order to determine any sales or use tax due on out-of-state purchases and to determine which dealers are importing or shipping articles of tangible personal property and are liable for any state tax. (2) If the transportation company, agency, firm, or person refuses to allow an examination of its books, records, and other documents, the secretary may petition the appropriate circuit court to require the transportation company, agency, firm, or person to show cause as to why its books, records, and other documents should not be examined and why a bond should not be required in an amount not to exceed two thousand dollars ($2,000) for a period of not more than one (1) year to guarantee compliance with the provisions of this section. (3) Refusal to permit the secretary to examine books, records, and other documents pursuant to this section is a Class C misdemeanor. Acts 1979, No. 401, § 14; A.S.A. 1947, § 84-4714; Acts 1995, No. 650, § 1; 1999, No. 1277, § 11. (a) (1) (A) In the administration of any state tax law, the Secretary of the Department of Finance and Administration, for the purpose of determining the accuracy of a return or fixing any liability under any state tax law, may make an examination or investigation of the place of business, the tangible personal property, equipment, and facilities, and the books, records, papers, vouchers, accounts, and documents of any taxpayer or other person. (B) Every taxpayer or other person and his or her agents and employees shall exhibit to the secretary these places and items and facilitate any examination or investigation. (2) (A) The secretary may employ proper and reasonable audit methods as he or she deems necessary, including the use of sampling. (B) If sampling is to be employed as an audit method, the taxpayer's consent to the sampling technique must be obtained at the commencement of the audit. (1) (A) In the administration of any state tax law, the Secretary of the Department of Finance and Administration, for the purpose of determining the accuracy of a return or fixing any liability under any state tax law, may make an examination or investigation of the place of business, the tangible personal property, equipment, and facilities, and the books, records, papers, vouchers, accounts, and documents of any taxpayer or other person. (B) Every taxpayer or other person and his or her agents and employees shall exhibit to the secretary these places and items and facilitate any examination or investigation. (A) In the administration of any state tax law, the Secretary of the Department of Finance and Administration, for the purpose of determining the accuracy of a return or fixing any liability under any state tax law, may make an examination or investigation of the place of business, the tangible personal property, equipment, and facilities, and the books, records, papers, vouchers, accounts, and documents of any taxpayer or other person. (B) Every taxpayer or other person and his or her agents and employees shall exhibit to the secretary these places and items and facilitate any examination or investigation. may make an examination or investigation of the place of business, the tangible personal property, equipment, and facilities, and the books, records, papers, vouchers, accounts, and documents of any taxpayer or other person. (B) Every taxpayer or other person and his or her agents and employees shall exhibit to the secretary these places and items and facilitate any examination or investigation. (2) (A) The secretary may employ proper and reasonable audit methods as he or she deems necessary, including the use of sampling. (B) If sampling is to be employed as an audit method, the taxpayer's consent to the sampling technique must be obtained at the commencement of the audit. (A) The secretary may employ proper and reasonable audit methods as he or she deems necessary, including the use of sampling. (B) If sampling is to be employed as an audit method, the taxpayer's consent to the sampling technique must be obtained at the commencement of the audit. (b) No taxpayer shall be subjected to unnecessary examination or investigations, and only one (1) inspection of a taxpayer's books of account shall be made for each taxable year unless the taxpayer requests otherwise or unless the secretary, after investigation, notifies the taxpayer in writing that an additional inspection is necessary. (c) (1) When conducting an investigation or an audit of any taxpayer, the secretary may, in his or her discretion, examine the records and files of any person, except when privileged by law, any other business, institution, financial institution, the records of any state agency, agency of the United States Government, or agency of any other state when permitted by agreement or reciprocity. (2) (A) The secretary may compel production of these records by summons. (B) The summons may be served directly by the secretary. (1) When conducting an investigation or an audit of any taxpayer, the secretary may, in his or her discretion, examine the records and files of any person, except when privileged by law, any other business, institution, financial institution, the records of any state agency, agency of the United States Government, or agency of any other state when permitted by agreement or reciprocity. (2) (A) The secretary may compel production of these records by summons. (B) The summons may be served directly by the secretary. (A) The secretary may compel production of these records by summons. (B) The summons may be served directly by the secretary. (d) In the administration of any state tax law, the secretary may: (1) Administer oaths, conduct hearings, and compel by summons the attendance of witnesses, testimony, and the production of any books, records, papers, or other data of any person or taxpayer; or (2) (A) Examine under oath any person regarding the business of any taxpayer concerning any matter incident to the administration of any state tax law. (B) (i) The fees of witnesses required by the secretary to attend any hearing shall be the same as those allowed to the witnesses appearing before circuit courts of this state. (ii) The fees shall be paid in the manner provided for the payment of other expenses incident to the administration of any state tax law. (1) Administer oaths, conduct hearings, and compel by summons the attendance of witnesses, testimony, and the production of any books, records, papers, or other data of any person or taxpayer; or d to the witnesses appearing before circuit courts of this state. (ii) The fees shall be paid in the manner provided for the payment of other expenses incident to the administration of any state tax law. (1) Administer oaths, conduct hearings, and compel by summons the attendance of witnesses, testimony, and the production of any books, records, papers, or other data of any person or taxpayer; or (2) (A) Examine under oath any person regarding the business of any taxpayer concerning any matter incident to the administration of any state tax law. (B) (i) The fees of witnesses required by the secretary to attend any hearing shall be the same as those allowed to the witnesses appearing before circuit courts of this state. (ii) The fees shall be paid in the manner provided for the payment of other expenses incident to the administration of any state tax law. (A) Examine under oath any person regarding the business of any taxpayer concerning any matter incident to the administration of any state tax law. (B) (i) The fees of witnesses required by the secretary to attend any hearing shall be the same as those allowed to the witnesses appearing before circuit courts of this state. (ii) The fees shall be paid in the manner provided for the payment of other expenses incident to the administration of any state tax law. (i) The fees of witnesses required by the secretary to attend any hearing shall be the same as those allowed to the witnesses appearing before circuit courts of this state. (ii) The fees shall be paid in the manner provided for the payment of other expenses incident to the administration of any state tax law. (e) (1) The investigation may extend to any person that the secretary determines has access to information which may be relevant to the examination or investigation. (2) When any summons requiring the production of records as described in subsection (c) of this section is served on a third-party recordkeeper, written notice of the summons shall be mailed to the taxpayer that his or her records are being summoned, at least fourteen (14) days prior to the date fixed in the summons as the day for the examination of the records. (3) Notice to the taxpayer required by this section is sufficient if it is mailed by certified mail to the last address on record with the secretary. (1) The investigation may extend to any person that the secretary determines has access to information which may be relevant to the examination or investigation. (2) When any summons requiring the production of records as described in subsection (c) of this section is served on a third-party recordkeeper, written notice of the summons shall be mailed to the taxpayer that his or her records are being summoned, at least fourteen (14) days prior to the date fixed in the summons as the day for the examination of the records. (3) Notice to the taxpayer required by this section is sufficient if it is mailed by certified mail to the last address on record with the secretary. (f) When the secretary has the power to issue a summons for his or her own investigative or auditing purposes, then the secretary shall honor any reasonable request by any taxpayer to issue a summons on the taxpayer's behalf. nation of the records. (3) Notice to the taxpayer required by this section is sufficient if it is mailed by certified mail to the last address on record with the secretary. (f) When the secretary has the power to issue a summons for his or her own investigative or auditing purposes, then the secretary shall honor any reasonable request by any taxpayer to issue a summons on the taxpayer's behalf. (g) (1) The secretary or the taxpayer may apply to the circuit court of the county of the taxpayer's residence, place of business, or county where the summons can be served as with any other case at law for any order compelling the production of the summoned records. (2) Failure to comply with the order of the court for the production of records may be punished by the court as for contempt. (1) The secretary or the taxpayer may apply to the circuit court of the county of the taxpayer's residence, place of business, or county where the summons can be served as with any other case at law for any order compelling the production of the summoned records. (2) Failure to comply with the order of the court for the production of records may be punished by the court as for contempt. (h) (1) The cost of producing records of a third party required by a summons shall be borne by the taxpayer if he or she requests the summons to be issued. (2) (A) If the secretary initiates the summons for third-party records, the secretary shall bear the reasonable cost of producing the records. (B) The secretary may later assess the cost against any delinquent or deficient taxpayer as determined by the records. (1) The cost of producing records of a third party required by a summons shall be borne by the taxpayer if he or she requests the summons to be issued. (2) (A) If the secretary initiates the summons for third-party records, the secretary shall bear the reasonable cost of producing the records. (B) The secretary may later assess the cost against any delinquent or deficient taxpayer as determined by the records. (A) If the secretary initiates the summons for third-party records, the secretary shall bear the reasonable cost of producing the records. (B) The secretary may later assess the cost against any delinquent or deficient taxpayer as determined by the records. (i) (1) The secretary may examine the books, records, and other documents of transportation companies, agencies, firms, or persons that conduct business by truck, rail, water, airplane, or otherwise in order to determine any sales or use tax due on out-of-state purchases and to determine which dealers are importing or shipping articles of tangible personal property and are liable for any state tax. (2) If the transportation company, agency, firm, or person refuses to allow an examination of its books, records, and other documents, the secretary may petition the appropriate circuit court to require the transportation company, agency, firm, or person to show cause as to why its books, records, and other documents should not be examined and why a bond should not be required in an amount not to exceed two thousand dollars ($2,000) for a period of not more than one (1) year to guarantee compliance with the provisions of this section. (3) Refusal to permit the secretary to examine books, records, and other documents pursuant to this section is a Class C misdemeanor. (1) The secretary may examine the books, records, and other documents of transportation companies, agencies, firms, or persons that conduct business by truck, rail, water, airplane, or otherwise in order to determine any sales or use tax due on out-of-state purchases and to determine which dealers are importing or shipping articles of tangible personal property and are liable for any state tax. . (1) The secretary may examine the books, records, and other documents of transportation companies, agencies, firms, or persons that conduct business by truck, rail, water, airplane, or otherwise in order to determine any sales or use tax due on out-of-state purchases and to determine which dealers are importing or shipping articles of tangible personal property and are liable for any state tax. (2) If the transportation company, agency, firm, or person refuses to allow an examination of its books, records, and other documents, the secretary may petition the appropriate circuit court to require the transportation company, agency, firm, or person to show cause as to why its books, records, and other documents should not be examined and why a bond should not be required in an amount not to exceed two thousand dollars ($2,000) for a period of not more than one (1) year to guarantee compliance with the provisions of this section. (3) Refusal to permit the secretary to examine books, records, and other documents pursuant to this section is a Class C misdemeanor. Acts 1979, No. 401, § 14; A.S.A. 1947, § 84-4714; Acts 1995, No. 650, § 1; 1999, No. 1277, § 11. ## Nearby sections - [Ark. Code Ann. § 26-18-301 Duties of secretary](https://www.frixlaw.com/law-library/statutes/STATE_AR_T26_C18_S3_S26-18-301.md) - [Ark. Code Ann. § 26-18-302 Preservation of records and copies](https://www.frixlaw.com/law-library/statutes/STATE_AR_T26_C18_S3_S26-18-302.md) - [Ark. Code Ann. § 26-18-303 Records confidential and privileged - Exceptions](https://www.frixlaw.com/law-library/statutes/STATE_AR_T26_C18_S3_S26-18-303.md) - [Ark. Code Ann. § 26-18-304 Bonds](https://www.frixlaw.com/law-library/statutes/STATE_AR_T26_C18_S3_S26-18-304.md) - [Ark. Code Ann. § 26-18-305 Examinations and investigations](https://www.frixlaw.com/law-library/statutes/STATE_AR_T26_C18_S3_S26-18-305.md) - [Ark. Code Ann. § 26-18-306 Time limitations for assessments, collection, refunds, and prosecution](https://www.frixlaw.com/law-library/statutes/STATE_AR_T26_C18_S3_S26-18-306.md) - [Ark. Code Ann. § 26-18-307 Notice requirements](https://www.frixlaw.com/law-library/statutes/STATE_AR_T26_C18_S3_S26-18-307.md) - [Ark. Code Ann. § 26-18-308 Disposition of revenues](https://www.frixlaw.com/law-library/statutes/STATE_AR_T26_C18_S3_S26-18-308.md) - [Ark. Code Ann. § 26-18-309 Defense of secretary in civil suits](https://www.frixlaw.com/law-library/statutes/STATE_AR_T26_C18_S3_S26-18-309.md) - [Ark. Code Ann. § 26-18-310 Secretary's authority](https://www.frixlaw.com/law-library/statutes/STATE_AR_T26_C18_S3_S26-18-310.md) - [Ark. Code Ann. § 26-18-311 Electronic tax administration policy](https://www.frixlaw.com/law-library/statutes/STATE_AR_T26_C18_S3_S26-18-311.md) - [Ark. Code Ann. § 26-18-312 Signatures on electronic forms](https://www.frixlaw.com/law-library/statutes/STATE_AR_T26_C18_S3_S26-18-312.md) - [Ark. Code Ann. § 26-18-313 Construction - Standard of proof for exemptions, deductions, and credits](https://www.frixlaw.com/law-library/statutes/STATE_AR_T26_C18_S3_S26-18-313.md) - [Ark. Code Ann. § 26-18-314 Transparency](https://www.frixlaw.com/law-library/statutes/STATE_AR_T26_C18_S3_S26-18-314.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_AR_T26_C18_S3_S26-18-305. Check the current official text before relying on it. Not legal advice.