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Latest News:

May 28th, 2020

Waterfall Installation in Arkansas

The Arkansas Department of Finance recently addressed the taxability of waterfalls, retaining walls, patios, and rock planter beds. The ruling found that the installation of waterfalls, retaining walls, and planter beds is taxable, but the installation of patios is not taxable.

Arkansas taxes commercial and residential landscaping services, commercial lawn care services, and the initial installation, alteration, addition, cleaning, refinishing, replacement, and repair of machines and other mechanical items.

The waterfall installation was found to be taxable as landscaping or as the initial installation of machinery or other mechanical items. However, waterfall installation is only taxable as landscaping if the service otherwise involves the installation of ground covering (e.g., trees, bushes, grass, etc.).

The installation of retaining walls was found to be taxable as landscaping because it involves the "installation of edging." However, no tax applies if the wall becomes real property upon installation. The installation of rock planter beds was found to be taxable as lawn care because it involves "maintaining the ground cover in beds by adding additional rock, gravel, tree bark or other material used to provide ground cover in beds..."

Finally, the installation of the patio was found to be nontaxable because Arkansas does not tax the initial installation of nonmechanical, passive, or manually operated components of real property.