Arizona 2022 2022 Regular Session

Arizona House Bill HB2204 Comm Sub / Analysis

Filed 06/23/2022

                      	HB 2204 
Initials PRB/NM 	Page 1 	Conference Committee 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-fifth Legislature 
Second Regular Session 
House: COM DPA/SE 9-1-0-0 | 3
rd
 Read 52-7-1-0  
Senate: FIN DP 6-3-1-0 | 3
rd
 Read 22-4-4-0 
 
HB 2204: technical correction; wage board; powers 
NOW: taxation; subtraction; virtual currency 
Sponsor: Representative Weninger, LD 17 
Conference Committee 
Overview 
Allows a person to subtract gas fees paid for virtual currency from their gross income, and permits 
virtual currency and non-fungible tokens (NFTs) received by airdrop to be considered a gift for tax 
purposes.  
History 
The Federal Internal Revenue Code (IRC) allows a person to exclude, as a taxable gift, the first 
$10,000 made to any person during the taxable calendar year. For gifts made after 1998, the 
amount may be increased by a cost-of-living adjustment. 
Provisions 
1. Allows the value of any virtual currency and NFTs which a person receives by airdrop to be 
subtracted from that individual's gross income. (Sec. 1)  
2. Limits the airdrop income subtraction to the threshold amount prescribed in the IRC. (Sec. 1) 
3. Permits a person to subtract gas fees from their gross income if, in calculating the gain or loss 
of virtual currency sales, that person did not include, in the basis of the virtual currency, any 
gas fees for the virtual currency. (Sec. 2) 
4. Outlines an optional itemized deduction from an individual's gross income for casualty 
deductions, including a 100% deduction for virtual currency and NFT losses. (Sec. 3)  
5. Defines airdrop as the receipt of virtual currency through a means of distribution of virtual 
currency to the distributed ledger addresses of multiple taxpayers. (Sec. 1) 
6. Contains a delayed effective date of January 1, 2023. (Sec. 4)  
7. Defines foreign currency, gas fee and virtual currency. (Sec. 2) 
8. Makes conforming changes. (Sec. 3) 
Senate Amendments  
1. Permits a person to subtract NFT gas fees from their gross income if, in calculating the gain 
or loss of NFT sales, that person did not include, in the basis of the NFT, any gas fees for the 
NFT.  
2. Modifies the optional itemized deduction from an individual's gross income for casualty 
deductions relating to the personal casualty loss of virtual currency and NFTs.  
3. Defines non-fungible token.  
Conference Committee Amendments  
1. Removes all statutory changes made by the bill relating to casualty losses.  
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☒ Fiscal Note