| 1 | 1 | | PREFILED JAN 07 2022 REFERENCE TITLE: online lodging; regulation; property classification State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022 SB 1108 Introduced by Senator Mendez: Representative Salman AN ACT repealing sections 9-500.39 and 11-269.17, Arizona Revised Statutes; amending sections 42-1125.02, 42-2003, 42-5042, 42-5075, 42-5076, 42-12001, 42-12004, 42-12054 and 42-12056, Arizona Revised Statutes; relating to online lodging. (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 7 | 7 | | PREFILED JAN 07 2022 |
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| 9 | 9 | | REFERENCE TITLE: online lodging; regulation; property classification |
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| 10 | 10 | | State of Arizona Senate Fifty-fifth Legislature Second Regular Session 2022 |
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| 11 | 11 | | SB 1108 |
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| 12 | 12 | | Introduced by Senator Mendez: Representative Salman |
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| 14 | 14 | | REFERENCE TITLE: online lodging; regulation; property classification |
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| 24 | 24 | | State of Arizona |
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| 26 | 26 | | Senate |
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| 28 | 28 | | Fifty-fifth Legislature |
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| 30 | 30 | | Second Regular Session |
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| 32 | 32 | | 2022 |
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| 40 | 40 | | SB 1108 |
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| 44 | 44 | | Introduced by |
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| 46 | 46 | | Senator Mendez: Representative Salman |
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| 52 | 52 | | AN ACT |
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| 56 | 56 | | repealing sections 9-500.39 and 11-269.17, Arizona Revised Statutes; amending sections 42-1125.02, 42-2003, 42-5042, 42-5075, 42-5076, 42-12001, 42-12004, 42-12054 and 42-12056, Arizona Revised Statutes; relating to online lodging. |
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| 62 | 62 | | (TEXT OF BILL BEGINS ON NEXT PAGE) |
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| 66 | 66 | | Be it enacted by the Legislature of the State of Arizona: Section 1. Repeal Sections 9-500.39 and 11-269.17, Arizona Revised Statutes, are repealed. Sec. 2. Section 42-1125.02, Arizona Revised Statutes, is amended to read: START_STATUTE42-1125.02. Civil penalties; online lodging operators; definition A. An online lodging operator that fails to comply with section 42-5042 shall pay the following civil penalty: 1. For a first offense, $250. 2. For a second and any subsequent offense, $1,000. B. If an online lodging operator received a verified violation, the online lodging operator shall pay the following civil penalty: 1. For a first verified violation received for a property, either: (a) If the city, town or county did not impose a civil penalty on the online lodging operator for the verified violation, $500. (b) If the city, town or county imposed a civil penalty on the online lodging operator for the verified violation, the difference between the amount prescribed in subdivision (a) of this paragraph and the amount of the civil penalty the city, town or county imposed on the online lodging operator for the verified violation. 2. For a second verified violation received on the same property within a twelve-month period, either: (a) If the city, town or county did not impose a civil penalty on the online lodging operator for the verified violation, $1,000. (b) If the city, town or county imposed a civil penalty on the online lodging operator for the verified violation, the difference between the amount prescribed in subdivision (a) of this paragraph and the amount of the civil penalty the city, town or county imposed on the online lodging operator for the verified violation. 3. For a third and any subsequent verified violation received on the same property within the same twelve-month period, either: (a) If the city, town or county did not impose a civil penalty on the online lodging operator for the verified violation, fifty percent of the gross monthly revenues of the lodging accommodation at which the violation occurred for the month in which the violation occurred or $1,500, whichever is greater. (b) If the city, town or county imposed a civil penalty on the online lodging operator for the verified violation, the difference between the amount prescribed in subdivision (a) of this paragraph and the amount of the civil penalty the city, town or county imposed on the online lodging operator for the verified violation. C. If the department imposes a civil penalty pursuant to subsection B, paragraph 1 of this section and the online lodging operator appeals the civil penalty, the hearing officer may waive or lower the civil penalty based on the online lodging operator's diligence in attempting to prohibit renters from violating state law or the city's or town's applicable laws, regulations or ordinances. In determining whether to waive or lower the civil penalty, the hearing officer shall consider both of the following: 1. Whether rules that prohibit activities violating state law or the city's or town's applicable laws, regulations or ordinances were included in the advertisement for the lodging accommodation, vacation rental or short-term rental. 2. Whether the rules described in paragraph 1 of this subsection were posted in a conspicuous location inside the lodging accommodation, vacation rental or short-term rental. D. B. For the purposes of this section, : 1. "Lodging accommodation" has the same meaning prescribed in section 42-5076. 2. "Online lodging marketplace" has the same meaning prescribed in section 42-5076. 3. "online lodging operator" has the same meaning prescribed in section 42-5076 and includes an owner of a vacation rental or short-term rental that is not offered through an online lodging marketplace. 4. "Vacation rental" and "short-term rental" have the same meanings prescribed in section 9-500.39 or 11-269.17. 5. "Verified violation" has the same meaning prescribed in section 9-500.39 or 11-269.17. END_STATUTE Sec. 3. Section 42-2003, Arizona Revised Statutes, is amended to read: START_STATUTE42-2003. Authorized disclosure of confidential information A. Confidential information relating to: 1. A taxpayer may be disclosed to the taxpayer, its successor in interest or a designee of the taxpayer who is authorized in writing by the taxpayer. A principal corporate officer of a parent corporation may execute a written authorization for a controlled subsidiary. 2. A corporate taxpayer may be disclosed to any principal officer, any person designated by a principal officer or any person designated in a resolution by the corporate board of directors or other similar governing body. If a corporate officer signs a statement under penalty of perjury representing that the officer is a principal officer, the department may rely on the statement until the statement is shown to be false. For the purposes of this paragraph, "principal officer" includes a chief executive officer, president, secretary, treasurer, vice president of tax, chief financial officer, chief operating officer or chief tax officer or any other corporate officer who has the authority to bind the taxpayer on matters related to state taxes. 3. A partnership may be disclosed to any partner of the partnership. This exception does not include disclosure of confidential information of a particular partner unless otherwise authorized. 4. A limited liability company may be disclosed to any member of the company or, if the company is manager-managed, to any manager. 5. An estate may be disclosed to the personal representative of the estate and to any heir, next of kin or beneficiary under the will of the decedent if the department finds that the heir, next of kin or beneficiary has a material interest that will be affected by the confidential information. 6. A trust may be disclosed to the trustee or trustees, jointly or separately, and to the grantor or any beneficiary of the trust if the department finds that the grantor or beneficiary has a material interest that will be affected by the confidential information. 7. A government entity may be disclosed to the head of the entity or a member of the governing board of the entity, or any employee of the entity who has been delegated the authorization in writing by the head of the entity or the governing board of the entity. 8. Any taxpayer may be disclosed if the taxpayer has waived any rights to confidentiality either in writing or on the record in any administrative or judicial proceeding. 9. The name and taxpayer identification numbers of persons issued direct payment permits may be publicly disclosed. 10. Any taxpayer may be disclosed during a meeting or telephone call if the taxpayer is present during the meeting or telephone call and authorizes the disclosure of confidential information. B. Confidential information may be disclosed to: 1. Any employee of the department whose official duties involve tax administration. 2. The office of the attorney general solely for its use in preparation for, or in an investigation that may result in, any proceeding involving tax administration before the department or any other agency or board of this state, or before any grand jury or any state or federal court. 3. The department of liquor licenses and control for its use in determining whether a spirituous liquor licensee has paid all transaction privilege taxes and affiliated excise taxes incurred as a result of the sale of spirituous liquor, as defined in section 4-101, at the licensed establishment and imposed on the licensed establishments by this state and its political subdivisions. 4. Other state tax officials whose official duties require the disclosure for proper tax administration purposes if the information is sought in connection with an investigation or any other proceeding conducted by the official. Any disclosure is limited to information of a taxpayer who is being investigated or who is a party to a proceeding conducted by the official. 5. The following agencies, officials and organizations, if they grant substantially similar privileges to the department for the type of information being sought, pursuant to statute and a written agreement between the department and the foreign country, agency, state, Indian tribe or organization: (a) The United States internal revenue service, alcohol and tobacco tax and trade bureau of the United States treasury, United States bureau of alcohol, tobacco, firearms and explosives of the United States department of justice, United States drug enforcement agency and federal bureau of investigation. (b) A state tax official of another state. (c) An organization of states, federation of tax administrators or multistate tax commission that operates an information exchange for tax administration purposes. (d) An agency, official or organization of a foreign country with responsibilities that are comparable to those listed in subdivision (a), (b) or (c) of this paragraph. (e) An agency, official or organization of an Indian tribal government with responsibilities comparable to the responsibilities of the agencies, officials or organizations identified in subdivision (a), (b) or (c) of this paragraph. 6. The auditor general, in connection with any audit of the department subject to the restrictions in section 42-2002, subsection D. 7. Any person to the extent necessary for effective tax administration in connection with: (a) The processing, storage, transmission, destruction and reproduction of the information. (b) The programming, maintenance, repair, testing and procurement of equipment for purposes of tax administration. (c) The collection of the taxpayer's civil liability. 8. The office of administrative hearings relating to taxes administered by the department pursuant to section 42-1101, but the department shall not disclose any confidential information without the taxpayer's written consent: (a) Regarding income tax or withholding tax. (b) On any tax issue relating to information associated with the reporting of income tax or withholding tax. 9. The United States treasury inspector general for tax administration for the purpose of reporting a violation of internal revenue code section 7213A (26 United States Code section 7213A), unauthorized inspection of returns or return information. 10. The financial management service of the United States treasury department for use in the treasury offset program. 11. The United States treasury department or its authorized agent for use in the state income tax levy program and in the electronic federal tax payment system. 12. The Arizona commerce authority for its use in: (a) Qualifying renewable energy operations for the tax incentives under section 42-12006. (b) Qualifying businesses with a qualified facility for income tax credits under sections 43-1083.03 and 43-1164.04. (c) Fulfilling its annual reporting responsibility pursuant to section 41-1511, subsections U and V and section 41-1512, subsections U and V. (d) Certifying computer data centers for tax relief under section 41-1519. 13. A prosecutor for purposes of section 32-1164, subsection C. 14. The office of the state fire marshal for use in determining compliance with and enforcing title 37, chapter 9, article 5. 15. The department of transportation for its use in administering taxes, surcharges and penalties prescribed by title 28. 16. The Arizona health care cost containment system administration for its use in administering nursing facility provider assessments. 17. The department of administration risk management division and the office of the attorney general if the information relates to a claim against this state pursuant to section 12-821.01 involving the department of revenue. 18. Another state agency if the taxpayer authorizes the disclosure of confidential information in writing, including an authorization that is part of an application form or other document submitted to the agency. 19. The department of economic security for its use in determining whether an employer has paid all amounts due under the unemployment insurance program pursuant to title 23, chapter 4. 20. The department of health services for its use in determining the following: (a) Whether a medical marijuana dispensary is in compliance with the tax requirements of chapter 5 of this title for the purposes of section 36-2806, subsection A. (b) Whether a marijuana establishment, marijuana testing facility or dual licensee licensed under title 36, chapter 28.2 is in compliance with the tax obligations under this title or title 43. C. Confidential information may be disclosed in any state or federal judicial or administrative proceeding pertaining to tax administration pursuant to the following conditions: 1. One or more of the following circumstances must apply: (a) The taxpayer is a party to the proceeding. (b) The proceeding arose out of, or in connection with, determining the taxpayer's civil or criminal liability, or the collection of the taxpayer's civil liability, with respect to any tax imposed under this title or title 43. (c) The treatment of an item reflected on the taxpayer's return is directly related to the resolution of an issue in the proceeding. (d) Return information directly relates to a transactional relationship between a person who is a party to the proceeding and the taxpayer and directly affects the resolution of an issue in the proceeding. 2. Confidential information may not be disclosed under this subsection if the disclosure is prohibited by section 42-2002, subsection C or D. D. Identity information may be disclosed for purposes of notifying persons entitled to tax refunds if the department is unable to locate the persons after reasonable effort. E. The department, on the request of any person, shall provide the names and addresses of bingo licensees as defined in section 5-401, verify whether or not a person has a privilege license and number, a tobacco product distributor's license and number or a withholding license and number or disclose the information to be posted on the department's website or otherwise publicly accessible pursuant to section 42-1124, subsection F and section 42-3401. F. A department employee, in connection with the official duties relating to any audit, collection activity or civil or criminal investigation, may disclose return information to the extent that disclosure is necessary to obtain information that is not otherwise reasonably available. These official duties include the correct determination of and liability for tax, the amount to be collected or the enforcement of other state tax revenue laws. G. Confidential information relating to transaction privilege tax, use tax, severance tax, jet fuel excise and use tax and any other tax collected by the department on behalf of any jurisdiction may be disclosed to any county, city or town tax official if the information relates to a taxpayer who is or may be taxable by a county, city or town or who may be subject to audit by the department pursuant to section 42-6002. Any taxpayer information that is released by the department to the county, city or town: 1. May be used only for internal purposes, including audits. If there is a legitimate business need relating to enforcing laws, regulations and ordinances pursuant to section 9-500.39 or 11-269.17, a county, city or town tax official may redisclose transaction privilege tax information relating to a vacation rental or short-term rental property owner or online lodging operator from the new license report and license update report, subject to the following: (a) The information redisclosed is limited to the following: (i) The transaction privilege tax license number. (ii) The type of organization or ownership of the business. (iii) The legal business name and doing business as name, if different from the legal name. (iv) The business mailing address, tax record physical location address, telephone number, email address and fax number. (v) The date the business started in this state, the business description and the North American industry classification system code. (vi) The name, address and telephone number for each owner, partner, corporate officer, member, managing member or official of the employing unit. (b) Redisclosure is limited to nonelected officials in other units within the county, city or town. The information may not be redisclosed to an elected official or the elected official's staff. (c) All redisclosures of confidential information made pursuant to this paragraph are subject to paragraph 2 of this subsection. 2. May not be disclosed to the public in any manner that does not comply with confidentiality standards established by the department. The county, city or town shall agree in writing with the department that any release of confidential information that violates the confidentiality standards adopted by the department will result in the immediate suspension of any rights of the county, city or town to receive taxpayer information under this subsection. H. The department may disclose statistical information gathered from confidential information if it does not disclose confidential information attributable to any one taxpayer. The department may disclose statistical information gathered from confidential information, even if it discloses confidential information attributable to a taxpayer, to: 1. The state treasurer in order to comply with the requirements of section 42-5029, subsection A, paragraph 3. 2. The joint legislative income tax credit review committee, the joint legislative budget committee staff and the legislative staff in order to comply with the requirements of section 43-221. I. The department may disclose the aggregate amounts of any tax credit, tax deduction or tax exemption enacted after January 1, 1994. Information subject to disclosure under this subsection shall not be disclosed if a taxpayer demonstrates to the department that such information would give an unfair advantage to competitors. J. Except as provided in section 42-2002, subsection C, confidential information, described in section 42-2001, paragraph 1, subdivision (a), item (ii), may be disclosed to law enforcement agencies for law enforcement purposes. K. The department may provide transaction privilege tax license information to property tax officials in a county for the purpose of identification and verification of the tax status of commercial property. L. The department may provide transaction privilege tax, luxury tax, use tax, property tax and severance tax information to the ombudsman-citizens aide pursuant to title 41, chapter 8, article 5. M. Except as provided in section 42-2002, subsection D, a court may order the department to disclose confidential information pertaining to a party to an action. An order shall be made only on a showing of good cause and that the party seeking the information has made demand on the taxpayer for the information. N. This section does not prohibit the disclosure by the department of any information or documents submitted to the department by a bingo licensee. Before disclosing the information, the department shall obtain the name and address of the person requesting the information. O. If the department is required or permitted to disclose confidential information, it may charge the person or agency requesting the information for the reasonable cost of its services. P. Except as provided in section 42-2002, subsection D, the department of revenue shall release confidential information as requested by the department of economic security pursuant to section 42-1122 or 46-291. Information disclosed under this subsection is limited to the same type of information that the United States internal revenue service is authorized to disclose under section 6103(l)(6) of the internal revenue code. Q. Except as provided in section 42-2002, subsection D, the department shall release confidential information as requested by the courts and clerks of the court pursuant to section 42-1122. R. To comply with the requirements of section 42-5031, the department may disclose to the state treasurer, to the county stadium district board of directors and to any city or town tax official that is part of the county stadium district confidential information attributable to a taxpayer's business activity conducted in the county stadium district. S. The department shall release to the attorney general confidential information as requested by the attorney general for purposes of determining compliance with or enforcing any of the following: 1. Any public health control law relating to tobacco sales as provided under title 36, chapter 6, article 14. 2. Any law relating to reduced cigarette ignition propensity standards as provided under title 37, chapter 9, article 5. 3. Sections 44-7101 and 44-7111, the master settlement agreement referred to in those sections and all agreements regarding disputes under the master settlement agreement. T. For proceedings before the department, the office of administrative hearings, the state board of tax appeals or any state or federal court involving penalties that were assessed against a return preparer, an electronic return preparer or a payroll service company pursuant to section 42-1103.02, 42-1125.01 or 43-419, confidential information may be disclosed only before the judge or administrative law judge adjudicating the proceeding, the parties to the proceeding and the parties' representatives in the proceeding prior to its introduction into evidence in the proceeding. The confidential information may be introduced as evidence in the proceeding only if the taxpayer's name, the names of any dependents listed on the return, all social security numbers, the taxpayer's address, the taxpayer's signature and any attachments containing any of the foregoing information are redacted and if either: 1. The treatment of an item reflected on such a return is or may be related to the resolution of an issue in the proceeding. 2. Such a return or the return information relates or may relate to a transactional relationship between a person who is a party to the proceeding and the taxpayer that directly affects the resolution of an issue in the proceeding. 3. The method of payment of the taxpayer's withholding tax liability or the method of filing the taxpayer's withholding tax return is an issue for the period. U. The department and attorney general may share the information specified in subsection S of this section with any of the following: 1. Federal, state or local agencies located in this state for the purposes of enforcement of the statutes or agreements specified in subsection S of this section or for the purposes of enforcement of corresponding laws of other states. 2. Indian tribes located in this state for the purposes of enforcement of the statutes or agreements specified in subsection S of this section. 3. A court, arbitrator, data clearinghouse or similar entity for the purpose of assessing compliance with or making calculations required by the master settlement agreement or agreements regarding disputes under the master settlement agreement, and with counsel for the parties or expert witnesses in any such proceeding, if the information otherwise remains confidential. V. The department may provide the name and address of qualifying hospitals and qualifying health care organizations, as defined in section 42-5001, to a business that is classified and reporting transaction privilege tax under the utilities classification. W. The department may disclose to an official of any city, town or county in a current agreement or considering a prospective agreement with the department as described in section 42-5032.02, subsection G any information relating to amounts that are subject to distribution and that are required by section 42-5032.02. Information disclosed by the department under this subsection: 1. May only be used by the city, town or county for internal purposes. 2. May not be disclosed to the public in any manner that does not comply with confidentiality standards established by the department. The city, town or county must agree with the department in writing that any release of confidential information that violates the confidentiality standards will result in the immediate suspension of any rights of the city, town or county to receive information under this subsection. X. Notwithstanding any other provision of this section, the department may not disclose information provided by an online lodging marketplace, as defined in section 42-5076, without the written consent of the online lodging marketplace, and the information may be disclosed only pursuant to subsection A, paragraphs 1 through 6, 8 and 10, subsection B, paragraphs 1, 2, 7 and 8 and subsections C, and D and G of this section. Such information: 1. Is not subject to disclosure pursuant to title 39, relating to public records. 2. May not be disclosed to any agency of this state or of any county, city, town or other political subdivision of this state. END_STATUTE Sec. 4. Section 42-5042, Arizona Revised Statutes, is amended to read: START_STATUTE42-5042. Online lodging operators; requirements; definitions A. An online lodging operator may not offer for rent or rent a lodging accommodation without a current transaction privilege tax license. The online lodging operator shall list the transaction privilege tax license number on each advertisement for each lodging accommodation the online lodging operator maintains, including online lodging marketplace postings. B. For the purposes of this section, : 1. "lodging accommodation", has "online lodging marketplace" and "online lodging operator" have the same meaning meanings prescribed in section 42-5076. 2. "Online lodging marketplace" has the same meaning prescribed in section 42-5076. 3. "Online lodging operator" has the same meaning prescribed in section 42-5076 and includes an owner of a vacation rental or short-term rental, as defined in section 9-500.39 or 11-269.17, that is not offered through an online lodging marketplace. END_STATUTE Sec. 5. Section 42-5075, Arizona Revised Statutes, is amended to read: START_STATUTE42-5075. Prime contracting classification; exemptions; definitions A. The prime contracting classification is comprised of the business of prime contracting and the business of manufactured building dealer. Sales for resale to another manufactured building dealer are not subject to tax. Sales for resale do not include sales to a lessor of manufactured buildings. The sale of a used manufactured building is not taxable under this chapter. The prime contracting classification does not include any work or operation performed by a person that is not required to be licensed by the registrar of contractors pursuant to section 32-1121. B. The tax base for the prime contracting classification is sixty-five percent of the gross proceeds of sales or gross income derived from the business. The following amounts shall be deducted from the gross proceeds of sales or gross income before computing the tax base: 1. The sales price of land, which shall not exceed the fair market value. 2. Sales and installation of groundwater measuring devices required under section 45-604 and groundwater monitoring wells required by law, including monitoring wells installed for acquiring information for a permit required by law. 3. The sales price of furniture, furnishings, fixtures, appliances and attachments that are not incorporated as component parts of or attached to a manufactured building or the setup site. The sale of such items may be subject to the taxes imposed by article 1 of this chapter separately and distinctly from the sale of the manufactured building. 4. The gross proceeds of sales or gross income received from a contract entered into for the modification of any building, highway, road, railroad, excavation, manufactured building or other structure, project, development or improvement located in a military reuse zone for providing aviation or aerospace services or for a manufacturer, assembler or fabricator of aviation or aerospace products within an active military reuse zone after the zone is initially established or renewed under section 41-1531. To be eligible to qualify for this deduction, before beginning work under the contract, the prime contractor must have applied for a letter of qualification from the department of revenue. 5. The gross proceeds of sales or gross income derived from a contract to construct a qualified environmental technology manufacturing, producing or processing facility, as described in section 41-1514.02, and from subsequent construction and installation contracts that begin within ten years after the start of initial construction. To qualify for this deduction, before beginning work under the contract, the prime contractor must obtain a letter of qualification from the department of revenue. This paragraph shall apply for ten full consecutive calendar or fiscal years after the start of initial construction. 6. The gross proceeds of sales or gross income from a contract to provide for one or more of the following actions, or a contract for site preparation, constructing, furnishing or installing machinery, equipment or other tangible personal property, including structures necessary to protect exempt incorporated materials or installed machinery or equipment, and tangible personal property incorporated into the project, to perform one or more of the following actions in response to a release or suspected release of a hazardous substance, pollutant or contaminant from a facility to the environment, unless the release was authorized by a permit issued by a governmental authority: (a) Actions to monitor, assess and evaluate such a release or a suspected release. (b) Excavation, removal and transportation of contaminated soil and its treatment or disposal. (c) Treatment of contaminated soil by vapor extraction, chemical or physical stabilization, soil washing or biological treatment to reduce the concentration, toxicity or mobility of a contaminant. (d) Pumping and treatment or in situ treatment of contaminated groundwater or surface water to reduce the concentration or toxicity of a contaminant. (e) The installation of structures, such as cutoff walls or caps, to contain contaminants present in groundwater or soil and prevent them from reaching a location where they could threaten human health or welfare or the environment. This paragraph does not include asbestos removal or the construction or use of ancillary structures such as maintenance sheds, offices or storage facilities for unattached equipment, pollution control equipment, facilities or other control items required or to be used by a person to prevent or control contamination before it reaches the environment. 7. The gross proceeds of sales or gross income that is derived from a contract for the installation, assembly, repair or maintenance of machinery, equipment or other tangible personal property that is either deducted from the tax base of the retail classification under section 42-5061, subsection B or that is exempt from use tax under section 42-5159, subsection B and that has independent functional utility, pursuant to the following provisions: (a) The deduction provided in this paragraph includes the gross proceeds of sales or gross income derived from all of the following: (i) Any activity performed on machinery, equipment or other tangible personal property with independent functional utility. (ii) Any activity performed on any tangible personal property relating to machinery, equipment or other tangible personal property with independent functional utility in furtherance of any of the purposes provided for under subdivision (d) of this paragraph. (iii) Any activity that is related to the activities described in items (i) and (ii) of this subdivision, including inspecting the installation of or testing the machinery, equipment or other tangible personal property. (b) The deduction provided in this paragraph does not include gross proceeds of sales or gross income from the portion of any contracting activity that consists of the development of, or modification to, real property in order to facilitate the installation, assembly, repair, maintenance or removal of machinery, equipment or other tangible personal property that is either deducted from the tax base of the retail classification under section 42-5061, subsection B or exempt from use tax under section 42-5159, subsection B. (c) The deduction provided in this paragraph shall be determined without regard to the size or useful life of the machinery, equipment or other tangible personal property. (d) For the purposes of this paragraph, "independent functional utility" means that the machinery, equipment or other tangible personal property can independently perform its function without attachment to real property, other than attachment for any of the following purposes: (i) Assembling the machinery, equipment or other tangible personal property. (ii) Connecting items of machinery, equipment or other tangible personal property to each other. (iii) Connecting the machinery, equipment or other tangible personal property, whether as an individual item or as a system of items, to water, power, gas, communication or other services. (iv) Stabilizing or protecting the machinery, equipment or other tangible personal property during operation by bolting, burying or performing other similar nonpermanent connections to either real property or real property improvements. 8. The gross proceeds of sales or gross income attributable to the purchase of machinery, equipment or other tangible personal property that is exempt from or deductible from transaction privilege and use tax under: (a) Section 42-5061, subsection A, paragraph 25, 29 or 58. (b) Section 42-5061, subsection B. (c) Section 42-5159, subsection A, paragraph 13, subdivision (a), (b), (c), (d), (e), (f), (j), (k), (m) or (n) or paragraph 55. (d) Section 42-5159, subsection B. 9. The gross proceeds of sales or gross income received from a contract for the construction of an environmentally controlled facility for the raising of poultry for the production of eggs and the sorting, cooling and packaging of eggs. 10. The gross proceeds of sales or gross income that is derived from a contract entered into with a person who is engaged in the commercial production of livestock, livestock products or agricultural, horticultural, viticultural or floricultural crops or products in this state for the modification of any building, highway, road, excavation, manufactured building or other structure, project, development or improvement used directly and primarily to prevent, monitor, control or reduce air, water or land pollution. 11. The gross proceeds of sales or gross income that is derived from the installation, assembly, repair or maintenance of clean rooms that are deducted from the tax base of the retail classification pursuant to section 42-5061, subsection B, paragraph 17. 12. For taxable periods beginning from and after June 30, 2001, the gross proceeds of sales or gross income derived from a contract entered into for the construction of a residential apartment housing facility that qualifies for a federal housing subsidy for low income persons over sixty-two years of age and that is owned by a nonprofit charitable organization that has qualified under section 501(c)(3) of the internal revenue code. 13. For taxable periods beginning from and after December 31, 1996 and ending before January 1, 2017, the gross proceeds of sales or gross income derived from a contract to provide and install a solar energy device. The contractor shall register with the department as a solar energy contractor. By registering, the contractor acknowledges that it will make its books and records relating to sales of solar energy devices available to the department for examination. 14. The gross proceeds of sales or gross income derived from a contract entered into for the construction of a launch site, as defined in 14 Code of Federal Regulations section 401.5. 15. The gross proceeds of sales or gross income derived from a contract entered into for the construction of a domestic violence shelter that is owned and operated by a nonprofit charitable organization that has qualified under section 501(c)(3) of the internal revenue code. 16. The gross proceeds of sales or gross income derived from contracts to perform postconstruction treatment of real property for termite and general pest control, including wood-destroying organisms. 17. The gross proceeds of sales or gross income received from contracts entered into before July 1, 2006 for constructing a state university research infrastructure project if the project has been reviewed by the joint committee on capital review before the university enters into the construction contract for the project. For the purposes of this paragraph, "research infrastructure" has the same meaning prescribed in section 15-1670. 18. The gross proceeds of sales or gross income received from a contract for the construction of any building, or other structure, project, development or improvement owned by a qualified business under section 41-1516 for harvesting or processing qualifying forest products removed from qualifying projects as defined in section 41-1516 if actual construction begins before January 1, 2024. To qualify for this deduction, the prime contractor must obtain a letter of qualification from the Arizona commerce authority before beginning work under the contract. 19. Any amount of the gross proceeds of sales or gross income attributable to development fees that are incurred in relation to a contract for construction, development or improvement of real property and that are paid by a prime contractor or subcontractor. For the purposes of this paragraph: (a) The attributable amount shall not exceed the value of the development fees actually imposed. (b) The attributable amount is equal to the total amount of development fees paid by the prime contractor or subcontractor, and the total development fees credited in exchange for the construction of, contribution to or dedication of real property for providing public infrastructure, public safety or other public services necessary to the development. The real property must be the subject of the development fees. (c) "Development fees" means fees imposed to offset capital costs of providing public infrastructure, public safety or other public services to a development and authorized pursuant to section 9-463.05, section 11-1102 or title 48 regardless of the jurisdiction to which the fees are paid. 20. The gross proceeds of sales or gross income derived from a contract entered into for the construction of a mixed waste processing facility that is located on a municipal solid waste landfill and that is constructed for the purpose of recycling solid waste or producing renewable energy from landfill waste. For the purposes of this paragraph: (a) "Mixed waste processing facility" means a solid waste facility that is owned, operated or used for the treatment, processing or disposal of solid waste, recyclable solid waste, conditionally exempt small quantity generator waste or household hazardous waste. For the purposes of this subdivision, "conditionally exempt small quantity generator waste", "household hazardous waste" and "solid waste facility" have the same meanings prescribed in section 49-701, except that solid waste facility does include a site that stores, treats or processes paper, glass, wood, cardboard, household textiles, scrap metal, plastic, vegetative waste, aluminum, steel or other recyclable material. (b) "Municipal solid waste landfill" has the same meaning prescribed in section 49-701. (c) "Recycling" means collecting, separating, cleansing, treating and reconstituting recyclable solid waste that would otherwise become solid waste, but does not include incineration or other similar processes. (d) "Renewable energy" has the same meaning prescribed in section 41-1511. C. Entitlement to the deduction pursuant to subsection B, paragraph 7 of this section is subject to the following provisions: 1. A prime contractor may establish entitlement to the deduction by both: (a) Marking the invoice for the transaction to indicate that the gross proceeds of sales or gross income derived from the transaction was deducted from the base. (b) Obtaining a certificate executed by the purchaser indicating the name and address of the purchaser, the precise nature of the business of the purchaser, the purpose for which the purchase was made, the necessary facts to establish the deductibility of the property under section 42-5061, subsection B, and a certification that the person executing the certificate is authorized to do so on behalf of the purchaser. The certificate may be disregarded if the prime contractor has reason to believe that the information contained in the certificate is not accurate or complete. 2. A person who does not comply with paragraph 1 of this subsection may establish entitlement to the deduction by presenting facts necessary to support the entitlement, but the burden of proof is on that person. 3. The department may prescribe a form for the certificate described in paragraph 1, subdivision (b) of this subsection. The department may also adopt rules that describe the transactions with respect to which a person is not entitled to rely solely on the information contained in the certificate provided in paragraph 1, subdivision (b) of this subsection but must instead obtain such additional information as required in order to be entitled to the deduction. 4. If a prime contractor is entitled to a deduction by complying with paragraph 1 of this subsection, the department may require the purchaser who caused the execution of the certificate to establish the accuracy and completeness of the information required to be contained in the certificate that would entitle the prime contractor to the deduction. If the purchaser cannot establish the accuracy and completeness of the information, the purchaser is liable in an amount equal to any tax, penalty and interest that the prime contractor would have been required to pay under article 1 of this chapter if the prime contractor had not complied with paragraph 1 of this subsection. Payment of the amount under this paragraph exempts the purchaser from liability for any tax imposed under article 4 of this chapter. The amount shall be treated as a transaction privilege tax to the purchaser and as tax revenues collected from the prime contractor in order to designate the distribution base for purposes of section 42-5029. D. Subcontractors or others who perform modification activities are not subject to tax if they can demonstrate that the job was within the control of a prime contractor or contractors or a dealership of manufactured buildings and that the prime contractor or dealership is liable for the tax on the gross income, gross proceeds of sales or gross receipts attributable to the job and from which the subcontractors or others were paid. E. Amounts received by a contractor for a project are excluded from the contractor's gross proceeds of sales or gross income derived from the business if the person who hired the contractor executes and provides a certificate to the contractor stating that the person providing the certificate is a prime contractor and is liable for the tax under article 1 of this chapter. The department shall prescribe the form of the certificate. If the contractor has reason to believe that the information contained on the certificate is erroneous or incomplete, the department may disregard the certificate. If the person who provides the certificate is not liable for the tax as a prime contractor, that person is nevertheless deemed to be the prime contractor in lieu of the contractor and is subject to the tax under this section on the gross receipts or gross proceeds received by the contractor. F. Every person engaging or continuing in this state in the business of prime contracting or dealership of manufactured buildings shall present to the purchaser of such prime contracting or manufactured building a written receipt of the gross income or gross proceeds of sales from such activity and shall separately state the taxes to be paid pursuant to this section. G. For the purposes of section 42-5032.01, the department shall separately account for revenues collected under the prime contracting classification from any prime contractor engaged in the preparation or construction of a multipurpose facility, and related infrastructure, that is owned, operated or leased by the tourism and sports authority pursuant to title 5, chapter 8. H. For the purposes of section 42-5032.02, from and after September 30, 2013, the department shall separately account for revenues reported and collected under the prime contracting classification from any prime contractor engaged in the construction of any buildings and associated improvements that are for the benefit of a manufacturing facility. For the purposes of this subsection, "associated improvements" and "manufacturing facility" have the same meanings prescribed in section 42-5032.02. I. The gross proceeds of sales or gross income derived from a contract for lawn maintenance services is not subject to tax under this section if the contract does not include landscaping activities. Lawn maintenance service is a service pursuant to section 42-5061, subsection A, paragraph 1, and includes lawn mowing and edging, weeding, repairing sprinkler heads or drip irrigation heads, seasonal replacement of flowers, refreshing gravel, lawn dethatching, seeding winter lawns, leaf and debris collection and removal, tree or shrub pruning or clipping, garden and gravel raking and applying pesticides, as defined in section 3-361, and fertilizer materials, as defined in section 3-262. J. Except as provided in subsection O of this section, the gross proceeds of sales or gross income derived from landscaping activities is subject to tax under this section. Landscaping includes installing lawns, grading or leveling ground, installing gravel or boulders, planting trees and other plants, felling trees, removing or mulching tree stumps, removing other imbedded plants, building irrigation berms, installing railroad ties and installing underground sprinkler or watering systems. K. The portion of gross proceeds of sales or gross income attributable to the actual direct costs of providing architectural or engineering services that are incorporated in a contract is not subject to tax under this section. For the purposes of this subsection, "direct costs" means the portion of the actual costs that are directly expended in providing architectural or engineering services. L. Operating a landfill or a solid waste disposal facility is not subject to taxation under this section, including filling, compacting and creating vehicle access to and from cell sites within the landfill. Constructing roads to a landfill or solid waste disposal facility and constructing cells within a landfill or solid waste disposal facility may be deemed prime contracting under this section. M. The following apply in determining the taxable situs of sales of manufactured buildings: 1. For sales in this state where the manufactured building dealer contracts to deliver the building to a setup site or to perform the setup in this state, the taxable situs is the setup site. 2. For sales in this state where the manufactured building dealer does not contract to deliver the building to a setup site or does not perform the setup, the taxable situs is the location of the dealership where the building is delivered to the buyer. 3. For sales in this state where the manufactured building dealer contracts to deliver the building to a setup site that is outside this state, the situs is outside this state and the transaction is excluded from tax. N. The gross proceeds of sales or gross income attributable to a written contract for design phase services or professional services, executed before modification begins and with terms, conditions and pricing of all of these services separately stated in the contract from those for construction phase services, is not subject to tax under this section, regardless of whether the services are provided sequential to or concurrent with prime contracting activities that are subject to tax under this section. This subsection does not include the gross proceeds of sales or gross income attributable to construction phase services. For the purposes of this subsection: 1. "Construction phase services" means services for the execution and completion of any modification, including the following: (a) Administration or supervision of any modification performed on the project, including team management and coordination, scheduling, cost controls, submittal process management, field management, safety program, close-out process and warranty period services. (b) Administration or supervision of any modification performed pursuant to a punch list. For the purposes of this subdivision, "punch list" means minor items of modification work performed after substantial completion and before final completion of the project. (c) Administration or supervision of any modification performed pursuant to change orders. For the purposes of this subdivision, "change order" means a written instrument issued after execution of a contract for modification work, providing for all of the following: (i) The scope of a change in the modification work, contract for modification work or other contract documents. (ii) The amount of an adjustment, if any, to the guaranteed maximum price as set in the contract for modification work. For the purposes of this item, "guaranteed maximum price" means the amount guaranteed to be the maximum amount due to a prime contractor for the performance of all modification work for the project. (iii) The extent of an adjustment, if any, to the contract time of performance set forth in the contract. (d) Administration or supervision of any modification performed pursuant to change directives. For the purposes of this subdivision, "change directive" means a written order directing a change in modification work before agreement on an adjustment of the guaranteed maximum price or contract time. (e) Inspection to determine the dates of substantial completion or final completion. (f) Preparation of any manuals, warranties, as-built drawings, spares or other items the prime contractor must furnish pursuant to the contract for modification work. For the purposes of this subdivision, "as-built drawing" means a drawing that indicates field changes made to adapt to field conditions, field changes resulting from change orders or buried and concealed installation of piping, conduit and utility services. (g) Preparation of status reports after modification work has begun detailing the progress of work performed, including preparation of any of the following: (i) Master schedule updates. (ii) Modification work cash flow projection updates. (iii) Site reports made on a periodic basis. (iv) Identification of discrepancies, conflicts or ambiguities in modification work documents that require resolution. (v) Identification of any health and safety issues that have arisen in connection with the modification work. (h) Preparation of daily logs of modification work, including documentation of personnel, weather conditions and on-site occurrences. (i) Preparation of any submittals or shop drawings used by the prime contractor to illustrate details of the modification work performed. (j) Administration or supervision of any other activities for which a prime contractor receives a certificate for payment or certificate for final payment based on the progress of modification work performed on the project. 2. "Design phase services" means services for developing and completing a design for a project that are not construction phase services, including the following: (a) Evaluating surveys, reports, test results or any other information on-site conditions for the project, including physical characteristics, legal limitations and utility locations for the site. (b) Evaluating any criteria or programming objectives for the project to ascertain requirements for the project, such as physical requirements affecting cost or projected utilization of the project. (c) Preparing drawings and specifications for architectural program documents, schematic design documents, design development documents, modification work documents or documents that identify the scope of or materials for the project. (d) Preparing an initial schedule for the project, excluding the preparation of updates to the master schedule after modification work has begun. (e) Preparing preliminary estimates of costs of modification work before completion of the final design of the project, including an estimate or schedule of values for any of the following: (i) Labor, materials, machinery and equipment, tools, water, heat, utilities, transportation and other facilities and services used in the execution and completion of modification work, regardless of whether they are temporary or permanent or whether they are incorporated in the modifications. (ii) The cost of labor and materials to be furnished by the owner of the real property. (iii) The cost of any equipment of the owner of the real property to be assigned by the owner to the prime contractor. (iv) The cost of any labor for installation of equipment separately provided by the owner of the real property that has been designed, specified, selected or specifically provided for in any design document for the project. (v) Any fee paid by the owner of the real property to the prime contractor pursuant to the contract for modification work. (vi) Any bond and insurance premiums. (vii) Any applicable taxes. (viii) Any contingency fees for the prime contractor that may be used before final completion of the project. (f) Reviewing and evaluating cost estimates and project documents to prepare recommendations on site use, site improvements, selection of materials, building systems and equipment, modification feasibility, availability of materials and labor, local modification activity as related to schedules and time requirements for modification work. (g) Preparing the plan and procedures for selection of subcontractors, including any prequalification of subcontractor candidates. 3. "Professional services" means architect services, engineer services, geologist services, land surveying services or landscape architect services that are within the scope of those services as provided in title 32, chapter 1 and for which gross proceeds of sales or gross income has not otherwise been deducted under subsection K of this section. O. The gross proceeds of sales or gross income derived from a contract with the owner of real property or improvements to real property for the maintenance, repair, replacement or alteration of existing property is not subject to tax under this section if the contract does not include modification activities, except as specified in this subsection. The gross proceeds of sales or gross income derived from a de minimis amount of modification activity does not subject the contract or any part of the contract to tax under this section. For the purposes of this subsection: 1. Tangible personal property that is incorporated or fabricated into a project described in this subsection may be subject to the amount prescribed in section 42-5008.01. 2. Each contract is independent of any other contract, except that any change order that directly relates to the scope of work of the original contract shall be treated the same as the original contract under this chapter, regardless of the amount of modification activities included in the change order. If a change order does not directly relate to the scope of work of the original contract, the change order shall be treated as a new contract, with the tax treatment of any subsequent change order to follow the tax treatment of the contract to which the scope of work of the subsequent change order directly relates. P. Notwithstanding subsection O of this section, a contract that primarily involves surface or subsurface improvements to land and that is subject to title 28, chapter 19, 20 or 22 or title 34, chapter 2 or 6 is taxable under this section, even if the contract also includes vertical improvements. Agencies that are subject to procurement processes under those provisions shall include in the request for proposals a notice to bidders when those projects are subject to this section. This subsection does not apply to contracts with: 1. Community facilities districts, fire districts, county television improvement districts, community park maintenance districts, cotton pest control districts, hospital districts, pest abatement districts, health service districts, agricultural improvement districts, county free library districts, county jail districts, county stadium districts, special health care districts, public health services districts, theme park districts or revitalization districts. 2. Any special taxing district not specified in paragraph 1 of this subsection if the district does not substantially engage in the modification, maintenance, repair, replacement or alteration of surface or subsurface improvements to land. Q. Notwithstanding subsection R, paragraph 10 of this section, a person owning real property who enters into a contract for sale of the real property, who is responsible to the new owner of the property for modifications made to the property in the period subsequent to the transfer of title and who receives a consideration for the modifications is considered a prime contractor solely for purposes of taxing the gross proceeds of sale or gross income received for the modifications made subsequent to the transfer of title. The original owner's gross proceeds of sale or gross income received for the modifications shall be determined according to the following methodology: 1. If any part of the contract for sale of the property specifies amounts to be paid to the original owner for the modifications to be made in the period subsequent to the transfer of title, the amounts are included in the original owner's gross proceeds of sale or gross income under this section. Proceeds from the sale of the property that are received after transfer of title and that are unrelated to the modifications made subsequent to the transfer of title are not considered gross proceeds of sale or gross income from the modifications. 2. If the original owner enters into an agreement separate from the contract for sale of the real property providing for amounts to be paid to the original owner for the modifications to be made in the period subsequent to the transfer of title to the property, the amounts are included in the original owner's gross proceeds of sale or gross income received for the modifications made subsequent to the transfer of title. 3. If the original owner is responsible to the new owner for modifications made to the property in the period subsequent to the transfer of title and derives any gross proceeds of sale or gross income from the project subsequent to the transfer of title other than a delayed disbursement from escrow unrelated to the modifications, it is presumed that the amounts are received for the modifications made subsequent to the transfer of title unless the contrary is established by the owner through its books, records and papers kept in the regular course of business. 4. The tax base of the original owner is computed in the same manner as a prime contractor under this section. R. For the purposes of this section: 1. "Alteration" means an activity or action that causes a direct physical change to existing property. For the purposes of this paragraph: (a) For existing property that is properly classified as class one property under section 42-12001, paragraph 15, class two property under section 42-12002, paragraph 1, subdivision (c) or paragraph 2, subdivision (c) and that is used for residential purposes, class three property under section 42-12003 or class four property under section 42-12004, this paragraph does not apply if the contract amount is more than twenty-five percent of the most recent full cash value established under chapter 13, article 2 of this title as of the date of any bid for the work or the date of the contract, whichever value is higher. (b) For all existing property other than existing property described in subdivision (a) of this paragraph, this paragraph does not apply if the contract amount is more than $750,000. (c) Project elements may not be artificially separated from a contract to cause a project to qualify as an alteration. The department has the burden of proof that project elements have been artificially separated from a contract. (d) If a project for which the owner and the person performing the work reasonably believed, at the inception of the contract, would be treated as an alteration under this paragraph and, on completion of the project, the project exceeded the applicable threshold described in either subdivision (a) or (b) of this paragraph by no more than twenty-five percent of the applicable threshold for any reason, the work performed under the contract qualifies as an alteration. (e) A change order that directly relates to the scope of work of the original contract shall be treated as part of the original contract, and the contract amount shall include any amount attributable to a change order that directly relates to the scope of work of the original contract. (f) Alteration does not include maintenance, repair or replacement. 2. "Contracting" means engaging in business as a contractor. 3. "Contractor" is synonymous with the term "builder" and means any person or organization that undertakes to or offers to undertake to, or purports to have the capacity to undertake to, or submits a bid to, or does personally or by or through others, modify any building, highway, road, railroad, excavation, manufactured building or other structure, project, development or improvement, or to do any part of such a project, including the erection of scaffolding or other structure or works in connection with such a project, and includes subcontractors and specialty contractors. For all purposes of taxation or deduction, this definition shall govern without regard to whether or not such a contractor is acting in fulfillment of a contract. 4. "Manufactured building" means a manufactured home, mobile home or factory-built building, as defined in section 41-4001. 5. "Manufactured building dealer" means a dealer who either: (a) Is licensed pursuant to title 41, chapter 37, article 4 and who sells manufactured buildings to the final consumer. (b) Supervises, performs or coordinates the excavation and completion of site improvements or the setup of a manufactured building, including the contracting, if any, with any subcontractor or specialty contractor for the completion of the contract. 6. "Modification" means construction, grading and leveling ground, wreckage or demolition. Modification does not include: (a) Any project described in subsection O of this section. (b) Any wreckage or demolition of existing property, or any other activity that is a necessary component of a project described in subsection O of this section. (c) Any mobilization or demobilization related to a project described in subsection O of this section, such as the erection or removal of temporary facilities to be used by those persons working on the project. 7. "Modify" means to make a modification or cause a modification to be made. 8. "Owner" means the person that holds title to the real property or improvements to real property that is the subject of the work, as well as an agent of the title holder and any person with the authority to perform or authorize work on the real property or improvements, including a tenant and a property manager. For the purposes of subsection O of this section, a person who is hired by a general contractor that is hired by an owner, or a subcontractor of a general contractor that is hired by an owner, is considered to be hired by the owner. 9. "Prime contracting" means engaging in business as a prime contractor. 10. "Prime contractor" means a contractor who supervises, performs or coordinates the modification of any building, highway, road, railroad, excavation, manufactured building or other structure, project, development or improvement, including the contracting, if any, with any subcontractors or specialty contractors and who is responsible for the completion of the contract. Except as provided in subsections E and Q of this section, a person who owns real property, who engages one or more contractors to modify that real property and who does not itself modify that real property is not a prime contractor within the meaning of this paragraph regardless of the existence of a contract for sale or the subsequent sale of that real property. 11. "Replacement" means the removal from service of one component or system of existing property or tangible personal property installed in existing property, including machinery or equipment, and the installation of a new component or system or new tangible personal property, including machinery or equipment, that provides the same, a similar or an upgraded design or functionality, regardless of the contract amount and regardless of whether the existing component or system or existing tangible personal property is physically removed from the existing property. 12. "Sale of a used manufactured building" does not include a lease of a used manufactured building. END_STATUTE Sec. 6. Section 42-5076, Arizona Revised Statutes, is amended to read: START_STATUTE42-5076. Online lodging marketplace classification; definitions A. The online lodging marketplace classification is comprised of the business of operating an online lodging marketplace. B. The tax base for the online lodging marketplace classification is the gross proceeds of sales or gross income derived from the business measured by the total amount charged for an online transient lodging transaction by the online lodging operator. C. Through December 31, 2018, the online lodging marketplace classification does not include any online lodging marketplace that has not entered into an agreement with the department to register for, or has not otherwise obtained from the department, a license to collect tax pursuant to section 42-5005, subsection L. D. The tax base for the online lodging marketplace classification does not include the gross proceeds of sales or gross income derived from charges to an occupant who is a transient as defined in section 42-5070 for the occupancy of any lodging accommodation in this state that is classified for property tax purposes under section 42-12001. E. For the purposes of this section: 1. "Online lodging marketplace" means a person that provides a digital platform for compensation through which an unaffiliated third party offers to rent lodging accommodations in this state to an occupant, including a transient, as defined in section 42-5070, and the accommodations are not classified for property tax purposes under section 42-12001, paragraph 15 or section 42-12003 or 42-12004. For the purposes of this paragraph: (a) "Lodging accommodations" means any space offered to the public for lodging, including any hotel, motel, inn, tourist home or house, dude ranch, resort, campground, studio or bachelor hotel, lodging house, rooming house, residential home, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location in this state or other similar structure or space. (b) "Unaffiliated third party" means a person that is not owned or controlled, directly or indirectly, by the same interests. 2. "Online lodging operator" means a person that is engaged in the business of renting to an occupant, including a transient as defined in section 42-5070, any lodging accommodation in this state offered through an online lodging marketplace. 3. "Online lodging transaction" means a charge to an occupant, including a transient as defined in section 42-5070, by an online lodging operator for the occupancy of any lodging accommodation in this state and includes an online transient lodging transaction. 4. "Online transient lodging transaction" means a charge to an occupant who is a transient as defined in section 42-5070 by an online lodging operator for the occupancy of any lodging accommodation in this state. END_STATUTE Sec. 7. Section 42-12001, Arizona Revised Statutes, is amended to read: START_STATUTE42-12001. Class one property For the purposes of taxation, class one is established consisting of the following subclasses: 1. Producing mines and mining claims, personal property used on mines and mining claims, improvements to mines and mining claims and mills and smelters operated in conjunction with mines and mining claims that are valued at full cash value pursuant to section 42-14053. 2. Standing timber that is valued at full cash value. 3. Real and personal property of gas distribution companies, electric transmission companies, electric distribution companies, combination gas and electric transmission and distribution companies, and companies engaged in the generation of generating electricity that are valued at full cash value pursuant to section 42-14151. 4. Real and personal property of airport fuel delivery companies that are valued pursuant to section 42-14503. 5. Real and personal property that is used by producing oil, gas and geothermal resource interests that are valued at full cash value pursuant to section 42-14102. 6. Real and personal property of water, sewer and wastewater utility companies that are valued at full cash value pursuant to section 42-14151. 7. Real and personal property of pipeline companies that are valued at full cash value pursuant to section 42-14201. 8. Real and personal property of shopping centers that are valued at full cash value or pursuant to chapter 13, article 5 of this title, as applicable, other than property that is included in class nine. 9. Real and personal property of golf courses that are valued at full cash value or pursuant to chapter 13, article 4 of this title. 10. All property, both real and personal, of manufacturers, assemblers or fabricators, other than property that is specifically included in another class described in this article, that is valued under this title. 11. Real and personal property that is used in communications transmission facilities and that provides public telephone or telecommunications exchange or interexchange access for compensation to effect two-way communication to, from, through or within this state. 12. Real property and improvements that are devoted to any other commercial or industrial use, other than property that is specifically included in another class described in this article, and that are valued at full cash value. 13. Personal property that is devoted to any other commercial or industrial use, other than property that is specifically included in another class described in this article, and that is valued at full cash value. 14. Real and personal property of electric cooperatives that are valued at full cash value pursuant to section 42-14159. 15. Real and personal property and improvements that are used for residential purposes, that are solely leased or rented to lodgers for periods of less than thirty days and that are valued at full cash value, except for: (a) Property that is occupied by the owner of the property as the owner's primary residence and included in class three. (b) Property for residential purposes that is leased or rented and included in class four. END_STATUTE Sec. 8. Section 42-12004, Arizona Revised Statutes, is amended to read: START_STATUTE42-12004. Class four property A. For the purposes of taxation, class four is established consisting of: 1. Real and personal property and improvements to the property that are used for residential purposes, including residential property that is owned in foreclosure by a financial institution, that is not otherwise included in another classification and that is valued at full cash value. The homesite that is included in class four may include: (a) Up to ten acres on a single parcel of real property on which the residential improvement is located. (b) More than ten, but not more than forty, acres on a single parcel of real property on which the residential improvement is located if it is zoned exclusively for residential purposes or contains legal restrictions or physical conditions that prevent the division of the parcel. For the purposes of this subdivision, "physical conditions" means topography, mountains, washes, rivers, roads or any other configuration that limits the residential usable land area. 2. Real and personal property and improvements to the property that are used solely as leased or rented property for residential purposes, that are not included in class one, two, three, six, seven or eight and that are valued at full cash value. 3. Child care facilities that are licensed under title 36, chapter 7.1 and that are valued at full cash value. 4. Real and personal property and improvements to property that are used to operate nonprofit residential housing facilities that are structured to house or care for persons with disabilities or who are sixty-two years of age or older and that are valued at full cash value. 5. Real and personal property and improvements that are used to operate licensed residential care institutions or licensed nursing care institutions that provide medical services, nursing services or health related health-related services and that are structured to house or care for persons with disabilities or who are sixty-two years of age or older and that are valued at full cash value. 6. Real and personal property consisting of no not more than eight rooms of residential property that are leased or rented to transient lodgers, together with furnishing no not more than a breakfast meal, by the owner who resides on the property and that is valued at full cash value. 7. Real and personal property consisting that consists of residential dwellings that are maintained for occupancy by agricultural employees as a condition of employment or as a convenience to the employer, that is not included in class three and that is valued at full cash value. The land associated with these dwellings shall be valued as agricultural land pursuant to chapter 13, article 3 of this title. 8. Real property and improvements to property constituting common areas that are valued pursuant to chapter 13, article 9 of this title. 9. Real and personal property that is defined as timeshare property by section 32-2197 and valued pursuant to chapter 13, article 10 of this title, except for any property used for commercial, industrial or transient occupancy purposes and included in class one to the extent of that use. 10. Real and personal property and improvements that are used for residential purposes and that are leased or rented to lodgers, except for: (a) Property occupied by the owner of the property as the owner's primary residence and included in class three. (b) Property used for commercial purposes and included in class one. 11. 1o. Low-income multifamily residential rental properties that are valued pursuant to chapter 13, article 13 of this title. B. Subsection A, paragraphs 4 and 5 of this section do not limit eligibility for exemption from taxation under chapter 11, article 3 of this title. END_STATUTE Sec. 9. Section 42-12054, Arizona Revised Statutes, is amended to read: START_STATUTE42-12054. Change in classification of owner-occupied residence A. If a person purchases or converts property that is listed as class one pursuant to section 42-12001, paragraph 12, or 13 or 15, class two or class four pursuant to article 1 of this chapter and occupies the property as the person's primary residence, the person may have the classification reviewed for change to class three from the date of conversion and occupancy as a primary residence and may appeal from the decision resulting from the review in the same manner as provided by law for review of a valuation for ad valorem property taxes and appeal from that review. B. If a person purchases or converts property that is listed as class one pursuant to section 42-12001, paragraph 12, or 13 or 15, class two or class four pursuant to article 1 of this chapter and the property is occupied by a member of the owner's immediate family as described in section 42-12053, the person may have the classification reviewed for change to class three from the date of occupancy and may appeal the decision resulting from the review in the same manner as provided by law for review of a valuation for ad valorem property taxes and appeal from that review. C. If a person makes such a conversion or occupancy or appeals the classification after the county assessor has closed the rolls, the person may petition the county board of supervisors to change the classification and reduce the assessed valuation from the date of conversion or occupancy. D. The board of supervisors shall entertain the petition in the same manner as a board of equalization hears a request for reduction in valuation. E. The petitioner may appeal the board of supervisors' decision in the same manner as provided in section 42-16111, except that the petitioner shall file the notice of appeal within fifteen days after the board's finding. F. If the board of supervisors finds that the property is in fact being used for the owner's primary residence and should be listed as class three property, it the board shall change the classification on the roll and fix the assessed valuation from the date of occupancy. The amount of taxes that is assessed against the property shall be computed by applying the current tax rate to the original assessed valuation prorated for the portion of the tax year before the property was occupied plus the current tax rate applied to the reassessed value of the property prorated for the balance of the year. G. The board of supervisors shall notify the department, assessor and county treasurer of the change in classification, the change in assessed valuation and the amount of tax assessed. The department and the assessor may appeal any such decision in the same manner as provided in section 42-16111. The assessor and treasurer shall note the change on their records, and the treasurer may issue a future tax credit, endorsed by the board, to the person whose property is liable for the tax. The tax credit shall be used on the next or several succeeding property tax assessments that the person may owe thereafter. END_STATUTE Sec. 10. Section 42-12056, Arizona Revised Statutes, is amended to read: START_STATUTE42-12056. Renewable energy systems valuation; definition A. For properties that are subject to this chapter and that are class one as prescribed in section 42-12001, paragraph 15, class three as defined prescribed in section 42-12003 or class four as defined prescribed in section 42-12004, renewable energy systems and any other device or system designed primarily for the production of to produce renewable energy in which the majority of the energy is consumed on-site, are considered to add no value to the property. B. For the purposes of this section, "renewable energy systems" means electric generation systems and electric transmission and distribution systems that is are used or useful for the generation, storage, transmission generating, storing, transmitting or distribution of distributing electric power, energy or fuel derived from solar, wind or other nonpetroleum renewable sources, including materials and supplies. END_STATUTE |
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| 67 | 67 | | |
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| 68 | 68 | | Be it enacted by the Legislature of the State of Arizona: |
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| 69 | 69 | | |
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| 70 | 70 | | Section 1. Repeal |
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| 71 | 71 | | |
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| 72 | 72 | | Sections 9-500.39 and 11-269.17, Arizona Revised Statutes, are repealed. |
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| 73 | 73 | | |
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| 74 | 74 | | Sec. 2. Section 42-1125.02, Arizona Revised Statutes, is amended to read: |
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| 75 | 75 | | |
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| 76 | 76 | | START_STATUTE42-1125.02. Civil penalties; online lodging operators; definition |
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| 77 | 77 | | |
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| 78 | 78 | | A. An online lodging operator that fails to comply with section 42-5042 shall pay the following civil penalty: |
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| 79 | 79 | | |
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| 80 | 80 | | 1. For a first offense, $250. |
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| 81 | 81 | | |
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| 82 | 82 | | 2. For a second and any subsequent offense, $1,000. |
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| 83 | 83 | | |
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| 84 | 84 | | B. If an online lodging operator received a verified violation, the online lodging operator shall pay the following civil penalty: |
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| 85 | 85 | | |
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| 86 | 86 | | 1. For a first verified violation received for a property, either: |
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| 87 | 87 | | |
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| 88 | 88 | | (a) If the city, town or county did not impose a civil penalty on the online lodging operator for the verified violation, $500. |
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| 89 | 89 | | |
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| 90 | 90 | | (b) If the city, town or county imposed a civil penalty on the online lodging operator for the verified violation, the difference between the amount prescribed in subdivision (a) of this paragraph and the amount of the civil penalty the city, town or county imposed on the online lodging operator for the verified violation. |
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| 91 | 91 | | |
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| 92 | 92 | | 2. For a second verified violation received on the same property within a twelve-month period, either: |
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| 93 | 93 | | |
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| 94 | 94 | | (a) If the city, town or county did not impose a civil penalty on the online lodging operator for the verified violation, $1,000. |
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| 95 | 95 | | |
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| 96 | 96 | | (b) If the city, town or county imposed a civil penalty on the online lodging operator for the verified violation, the difference between the amount prescribed in subdivision (a) of this paragraph and the amount of the civil penalty the city, town or county imposed on the online lodging operator for the verified violation. |
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| 97 | 97 | | |
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| 98 | 98 | | 3. For a third and any subsequent verified violation received on the same property within the same twelve-month period, either: |
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| 99 | 99 | | |
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| 100 | 100 | | (a) If the city, town or county did not impose a civil penalty on the online lodging operator for the verified violation, fifty percent of the gross monthly revenues of the lodging accommodation at which the violation occurred for the month in which the violation occurred or $1,500, whichever is greater. |
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| 101 | 101 | | |
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| 102 | 102 | | (b) If the city, town or county imposed a civil penalty on the online lodging operator for the verified violation, the difference between the amount prescribed in subdivision (a) of this paragraph and the amount of the civil penalty the city, town or county imposed on the online lodging operator for the verified violation. |
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| 103 | 103 | | |
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| 104 | 104 | | C. If the department imposes a civil penalty pursuant to subsection B, paragraph 1 of this section and the online lodging operator appeals the civil penalty, the hearing officer may waive or lower the civil penalty based on the online lodging operator's diligence in attempting to prohibit renters from violating state law or the city's or town's applicable laws, regulations or ordinances. In determining whether to waive or lower the civil penalty, the hearing officer shall consider both of the following: |
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| 105 | 105 | | |
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| 106 | 106 | | 1. Whether rules that prohibit activities violating state law or the city's or town's applicable laws, regulations or ordinances were included in the advertisement for the lodging accommodation, vacation rental or short-term rental. |
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| 107 | 107 | | |
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| 108 | 108 | | 2. Whether the rules described in paragraph 1 of this subsection were posted in a conspicuous location inside the lodging accommodation, vacation rental or short-term rental. |
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| 109 | 109 | | |
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| 110 | 110 | | D. B. For the purposes of this section, : |
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| 111 | 111 | | |
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| 112 | 112 | | 1. "Lodging accommodation" has the same meaning prescribed in section 42-5076. |
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| 113 | 113 | | |
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| 114 | 114 | | 2. "Online lodging marketplace" has the same meaning prescribed in section 42-5076. |
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| 115 | 115 | | |
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| 116 | 116 | | 3. "online lodging operator" has the same meaning prescribed in section 42-5076 and includes an owner of a vacation rental or short-term rental that is not offered through an online lodging marketplace. |
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| 117 | 117 | | |
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| 118 | 118 | | 4. "Vacation rental" and "short-term rental" have the same meanings prescribed in section 9-500.39 or 11-269.17. |
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| 119 | 119 | | |
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| 120 | 120 | | 5. "Verified violation" has the same meaning prescribed in section 9-500.39 or 11-269.17. END_STATUTE |
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| 121 | 121 | | |
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| 122 | 122 | | Sec. 3. Section 42-2003, Arizona Revised Statutes, is amended to read: |
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| 123 | 123 | | |
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| 124 | 124 | | START_STATUTE42-2003. Authorized disclosure of confidential information |
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| 125 | 125 | | |
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| 126 | 126 | | A. Confidential information relating to: |
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| 127 | 127 | | |
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| 128 | 128 | | 1. A taxpayer may be disclosed to the taxpayer, its successor in interest or a designee of the taxpayer who is authorized in writing by the taxpayer. A principal corporate officer of a parent corporation may execute a written authorization for a controlled subsidiary. |
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| 129 | 129 | | |
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| 130 | 130 | | 2. A corporate taxpayer may be disclosed to any principal officer, any person designated by a principal officer or any person designated in a resolution by the corporate board of directors or other similar governing body. If a corporate officer signs a statement under penalty of perjury representing that the officer is a principal officer, the department may rely on the statement until the statement is shown to be false. For the purposes of this paragraph, "principal officer" includes a chief executive officer, president, secretary, treasurer, vice president of tax, chief financial officer, chief operating officer or chief tax officer or any other corporate officer who has the authority to bind the taxpayer on matters related to state taxes. |
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| 131 | 131 | | |
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| 132 | 132 | | 3. A partnership may be disclosed to any partner of the partnership. This exception does not include disclosure of confidential information of a particular partner unless otherwise authorized. |
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| 133 | 133 | | |
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| 134 | 134 | | 4. A limited liability company may be disclosed to any member of the company or, if the company is manager-managed, to any manager. |
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| 135 | 135 | | |
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| 136 | 136 | | 5. An estate may be disclosed to the personal representative of the estate and to any heir, next of kin or beneficiary under the will of the decedent if the department finds that the heir, next of kin or beneficiary has a material interest that will be affected by the confidential information. |
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| 137 | 137 | | |
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| 138 | 138 | | 6. A trust may be disclosed to the trustee or trustees, jointly or separately, and to the grantor or any beneficiary of the trust if the department finds that the grantor or beneficiary has a material interest that will be affected by the confidential information. |
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| 139 | 139 | | |
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| 140 | 140 | | 7. A government entity may be disclosed to the head of the entity or a member of the governing board of the entity, or any employee of the entity who has been delegated the authorization in writing by the head of the entity or the governing board of the entity. |
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| 141 | 141 | | |
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| 142 | 142 | | 8. Any taxpayer may be disclosed if the taxpayer has waived any rights to confidentiality either in writing or on the record in any administrative or judicial proceeding. |
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| 143 | 143 | | |
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| 144 | 144 | | 9. The name and taxpayer identification numbers of persons issued direct payment permits may be publicly disclosed. |
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| 145 | 145 | | |
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| 146 | 146 | | 10. Any taxpayer may be disclosed during a meeting or telephone call if the taxpayer is present during the meeting or telephone call and authorizes the disclosure of confidential information. |
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| 147 | 147 | | |
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| 148 | 148 | | B. Confidential information may be disclosed to: |
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| 149 | 149 | | |
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| 150 | 150 | | 1. Any employee of the department whose official duties involve tax administration. |
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| 151 | 151 | | |
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| 152 | 152 | | 2. The office of the attorney general solely for its use in preparation for, or in an investigation that may result in, any proceeding involving tax administration before the department or any other agency or board of this state, or before any grand jury or any state or federal court. |
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| 153 | 153 | | |
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| 154 | 154 | | 3. The department of liquor licenses and control for its use in determining whether a spirituous liquor licensee has paid all transaction privilege taxes and affiliated excise taxes incurred as a result of the sale of spirituous liquor, as defined in section 4-101, at the licensed establishment and imposed on the licensed establishments by this state and its political subdivisions. |
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| 155 | 155 | | |
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| 156 | 156 | | 4. Other state tax officials whose official duties require the disclosure for proper tax administration purposes if the information is sought in connection with an investigation or any other proceeding conducted by the official. Any disclosure is limited to information of a taxpayer who is being investigated or who is a party to a proceeding conducted by the official. |
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| 157 | 157 | | |
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| 158 | 158 | | 5. The following agencies, officials and organizations, if they grant substantially similar privileges to the department for the type of information being sought, pursuant to statute and a written agreement between the department and the foreign country, agency, state, Indian tribe or organization: |
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| 159 | 159 | | |
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| 160 | 160 | | (a) The United States internal revenue service, alcohol and tobacco tax and trade bureau of the United States treasury, United States bureau of alcohol, tobacco, firearms and explosives of the United States department of justice, United States drug enforcement agency and federal bureau of investigation. |
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| 161 | 161 | | |
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| 162 | 162 | | (b) A state tax official of another state. |
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| 163 | 163 | | |
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| 164 | 164 | | (c) An organization of states, federation of tax administrators or multistate tax commission that operates an information exchange for tax administration purposes. |
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| 165 | 165 | | |
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| 166 | 166 | | (d) An agency, official or organization of a foreign country with responsibilities that are comparable to those listed in subdivision (a), (b) or (c) of this paragraph. |
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| 167 | 167 | | |
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| 168 | 168 | | (e) An agency, official or organization of an Indian tribal government with responsibilities comparable to the responsibilities of the agencies, officials or organizations identified in subdivision (a), (b) or (c) of this paragraph. |
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| 169 | 169 | | |
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| 170 | 170 | | 6. The auditor general, in connection with any audit of the department subject to the restrictions in section 42-2002, subsection D. |
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| 171 | 171 | | |
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| 172 | 172 | | 7. Any person to the extent necessary for effective tax administration in connection with: |
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| 173 | 173 | | |
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| 174 | 174 | | (a) The processing, storage, transmission, destruction and reproduction of the information. |
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| 175 | 175 | | |
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| 176 | 176 | | (b) The programming, maintenance, repair, testing and procurement of equipment for purposes of tax administration. |
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| 177 | 177 | | |
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| 178 | 178 | | (c) The collection of the taxpayer's civil liability. |
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| 179 | 179 | | |
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| 180 | 180 | | 8. The office of administrative hearings relating to taxes administered by the department pursuant to section 42-1101, but the department shall not disclose any confidential information without the taxpayer's written consent: |
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| 181 | 181 | | |
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| 182 | 182 | | (a) Regarding income tax or withholding tax. |
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| 183 | 183 | | |
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| 184 | 184 | | (b) On any tax issue relating to information associated with the reporting of income tax or withholding tax. |
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| 185 | 185 | | |
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| 186 | 186 | | 9. The United States treasury inspector general for tax administration for the purpose of reporting a violation of internal revenue code section 7213A (26 United States Code section 7213A), unauthorized inspection of returns or return information. |
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| 187 | 187 | | |
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| 188 | 188 | | 10. The financial management service of the United States treasury department for use in the treasury offset program. |
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| 189 | 189 | | |
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| 190 | 190 | | 11. The United States treasury department or its authorized agent for use in the state income tax levy program and in the electronic federal tax payment system. |
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| 191 | 191 | | |
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| 192 | 192 | | 12. The Arizona commerce authority for its use in: |
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| 193 | 193 | | |
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| 194 | 194 | | (a) Qualifying renewable energy operations for the tax incentives under section 42-12006. |
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| 195 | 195 | | |
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| 196 | 196 | | (b) Qualifying businesses with a qualified facility for income tax credits under sections 43-1083.03 and 43-1164.04. |
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| 197 | 197 | | |
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| 198 | 198 | | (c) Fulfilling its annual reporting responsibility pursuant to section 41-1511, subsections U and V and section 41-1512, subsections U and V. |
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| 199 | 199 | | |
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| 200 | 200 | | (d) Certifying computer data centers for tax relief under section 41-1519. |
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| 201 | 201 | | |
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| 202 | 202 | | 13. A prosecutor for purposes of section 32-1164, subsection C. |
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| 203 | 203 | | |
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| 204 | 204 | | 14. The office of the state fire marshal for use in determining compliance with and enforcing title 37, chapter 9, article 5. |
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| 205 | 205 | | |
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| 206 | 206 | | 15. The department of transportation for its use in administering taxes, surcharges and penalties prescribed by title 28. |
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| 207 | 207 | | |
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| 208 | 208 | | 16. The Arizona health care cost containment system administration for its use in administering nursing facility provider assessments. |
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| 209 | 209 | | |
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| 210 | 210 | | 17. The department of administration risk management division and the office of the attorney general if the information relates to a claim against this state pursuant to section 12-821.01 involving the department of revenue. |
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| 211 | 211 | | |
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| 212 | 212 | | 18. Another state agency if the taxpayer authorizes the disclosure of confidential information in writing, including an authorization that is part of an application form or other document submitted to the agency. |
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| 213 | 213 | | |
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| 214 | 214 | | 19. The department of economic security for its use in determining whether an employer has paid all amounts due under the unemployment insurance program pursuant to title 23, chapter 4. |
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| 215 | 215 | | |
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| 216 | 216 | | 20. The department of health services for its use in determining the following: |
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| 217 | 217 | | |
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| 218 | 218 | | (a) Whether a medical marijuana dispensary is in compliance with the tax requirements of chapter 5 of this title for the purposes of section 36-2806, subsection A. |
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| 219 | 219 | | |
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| 220 | 220 | | (b) Whether a marijuana establishment, marijuana testing facility or dual licensee licensed under title 36, chapter 28.2 is in compliance with the tax obligations under this title or title 43. |
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| 221 | 221 | | |
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| 222 | 222 | | C. Confidential information may be disclosed in any state or federal judicial or administrative proceeding pertaining to tax administration pursuant to the following conditions: |
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| 223 | 223 | | |
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| 224 | 224 | | 1. One or more of the following circumstances must apply: |
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| 225 | 225 | | |
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| 226 | 226 | | (a) The taxpayer is a party to the proceeding. |
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| 227 | 227 | | |
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| 228 | 228 | | (b) The proceeding arose out of, or in connection with, determining the taxpayer's civil or criminal liability, or the collection of the taxpayer's civil liability, with respect to any tax imposed under this title or title 43. |
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| 229 | 229 | | |
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| 230 | 230 | | (c) The treatment of an item reflected on the taxpayer's return is directly related to the resolution of an issue in the proceeding. |
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| 231 | 231 | | |
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| 232 | 232 | | (d) Return information directly relates to a transactional relationship between a person who is a party to the proceeding and the taxpayer and directly affects the resolution of an issue in the proceeding. |
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| 233 | 233 | | |
|---|
| 234 | 234 | | 2. Confidential information may not be disclosed under this subsection if the disclosure is prohibited by section 42-2002, subsection C or D. |
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| 235 | 235 | | |
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| 236 | 236 | | D. Identity information may be disclosed for purposes of notifying persons entitled to tax refunds if the department is unable to locate the persons after reasonable effort. |
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| 237 | 237 | | |
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| 238 | 238 | | E. The department, on the request of any person, shall provide the names and addresses of bingo licensees as defined in section 5-401, verify whether or not a person has a privilege license and number, a tobacco product distributor's license and number or a withholding license and number or disclose the information to be posted on the department's website or otherwise publicly accessible pursuant to section 42-1124, subsection F and section 42-3401. |
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| 239 | 239 | | |
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| 240 | 240 | | F. A department employee, in connection with the official duties relating to any audit, collection activity or civil or criminal investigation, may disclose return information to the extent that disclosure is necessary to obtain information that is not otherwise reasonably available. These official duties include the correct determination of and liability for tax, the amount to be collected or the enforcement of other state tax revenue laws. |
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| 241 | 241 | | |
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| 242 | 242 | | G. Confidential information relating to transaction privilege tax, use tax, severance tax, jet fuel excise and use tax and any other tax collected by the department on behalf of any jurisdiction may be disclosed to any county, city or town tax official if the information relates to a taxpayer who is or may be taxable by a county, city or town or who may be subject to audit by the department pursuant to section 42-6002. Any taxpayer information that is released by the department to the county, city or town: |
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| 243 | 243 | | |
|---|
| 244 | 244 | | 1. May be used only for internal purposes, including audits. If there is a legitimate business need relating to enforcing laws, regulations and ordinances pursuant to section 9-500.39 or 11-269.17, a county, city or town tax official may redisclose transaction privilege tax information relating to a vacation rental or short-term rental property owner or online lodging operator from the new license report and license update report, subject to the following: |
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| 245 | 245 | | |
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| 246 | 246 | | (a) The information redisclosed is limited to the following: |
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| 247 | 247 | | |
|---|
| 248 | 248 | | (i) The transaction privilege tax license number. |
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| 249 | 249 | | |
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| 250 | 250 | | (ii) The type of organization or ownership of the business. |
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| 251 | 251 | | |
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| 252 | 252 | | (iii) The legal business name and doing business as name, if different from the legal name. |
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| 253 | 253 | | |
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| 254 | 254 | | (iv) The business mailing address, tax record physical location address, telephone number, email address and fax number. |
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| 255 | 255 | | |
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| 256 | 256 | | (v) The date the business started in this state, the business description and the North American industry classification system code. |
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| 257 | 257 | | |
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| 258 | 258 | | (vi) The name, address and telephone number for each owner, partner, corporate officer, member, managing member or official of the employing unit. |
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| 259 | 259 | | |
|---|
| 260 | 260 | | (b) Redisclosure is limited to nonelected officials in other units within the county, city or town. The information may not be redisclosed to an elected official or the elected official's staff. |
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| 261 | 261 | | |
|---|
| 262 | 262 | | (c) All redisclosures of confidential information made pursuant to this paragraph are subject to paragraph 2 of this subsection. |
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| 263 | 263 | | |
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| 264 | 264 | | 2. May not be disclosed to the public in any manner that does not comply with confidentiality standards established by the department. The county, city or town shall agree in writing with the department that any release of confidential information that violates the confidentiality standards adopted by the department will result in the immediate suspension of any rights of the county, city or town to receive taxpayer information under this subsection. |
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| 265 | 265 | | |
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| 266 | 266 | | H. The department may disclose statistical information gathered from confidential information if it does not disclose confidential information attributable to any one taxpayer. The department may disclose statistical information gathered from confidential information, even if it discloses confidential information attributable to a taxpayer, to: |
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| 267 | 267 | | |
|---|
| 268 | 268 | | 1. The state treasurer in order to comply with the requirements of section 42-5029, subsection A, paragraph 3. |
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| 269 | 269 | | |
|---|
| 270 | 270 | | 2. The joint legislative income tax credit review committee, the joint legislative budget committee staff and the legislative staff in order to comply with the requirements of section 43-221. |
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| 271 | 271 | | |
|---|
| 272 | 272 | | I. The department may disclose the aggregate amounts of any tax credit, tax deduction or tax exemption enacted after January 1, 1994. Information subject to disclosure under this subsection shall not be disclosed if a taxpayer demonstrates to the department that such information would give an unfair advantage to competitors. |
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| 273 | 273 | | |
|---|
| 274 | 274 | | J. Except as provided in section 42-2002, subsection C, confidential information, described in section 42-2001, paragraph 1, subdivision (a), item (ii), may be disclosed to law enforcement agencies for law enforcement purposes. |
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| 275 | 275 | | |
|---|
| 276 | 276 | | K. The department may provide transaction privilege tax license information to property tax officials in a county for the purpose of identification and verification of the tax status of commercial property. |
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| 277 | 277 | | |
|---|
| 278 | 278 | | L. The department may provide transaction privilege tax, luxury tax, use tax, property tax and severance tax information to the ombudsman-citizens aide pursuant to title 41, chapter 8, article 5. |
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| 279 | 279 | | |
|---|
| 280 | 280 | | M. Except as provided in section 42-2002, subsection D, a court may order the department to disclose confidential information pertaining to a party to an action. An order shall be made only on a showing of good cause and that the party seeking the information has made demand on the taxpayer for the information. |
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| 281 | 281 | | |
|---|
| 282 | 282 | | N. This section does not prohibit the disclosure by the department of any information or documents submitted to the department by a bingo licensee. Before disclosing the information, the department shall obtain the name and address of the person requesting the information. |
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| 283 | 283 | | |
|---|
| 284 | 284 | | O. If the department is required or permitted to disclose confidential information, it may charge the person or agency requesting the information for the reasonable cost of its services. |
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| 285 | 285 | | |
|---|
| 286 | 286 | | P. Except as provided in section 42-2002, subsection D, the department of revenue shall release confidential information as requested by the department of economic security pursuant to section 42-1122 or 46-291. Information disclosed under this subsection is limited to the same type of information that the United States internal revenue service is authorized to disclose under section 6103(l)(6) of the internal revenue code. |
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| 287 | 287 | | |
|---|
| 288 | 288 | | Q. Except as provided in section 42-2002, subsection D, the department shall release confidential information as requested by the courts and clerks of the court pursuant to section 42-1122. |
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| 289 | 289 | | |
|---|
| 290 | 290 | | R. To comply with the requirements of section 42-5031, the department may disclose to the state treasurer, to the county stadium district board of directors and to any city or town tax official that is part of the county stadium district confidential information attributable to a taxpayer's business activity conducted in the county stadium district. |
|---|
| 291 | 291 | | |
|---|
| 292 | 292 | | S. The department shall release to the attorney general confidential information as requested by the attorney general for purposes of determining compliance with or enforcing any of the following: |
|---|
| 293 | 293 | | |
|---|
| 294 | 294 | | 1. Any public health control law relating to tobacco sales as provided under title 36, chapter 6, article 14. |
|---|
| 295 | 295 | | |
|---|
| 296 | 296 | | 2. Any law relating to reduced cigarette ignition propensity standards as provided under title 37, chapter 9, article 5. |
|---|
| 297 | 297 | | |
|---|
| 298 | 298 | | 3. Sections 44-7101 and 44-7111, the master settlement agreement referred to in those sections and all agreements regarding disputes under the master settlement agreement. |
|---|
| 299 | 299 | | |
|---|
| 300 | 300 | | T. For proceedings before the department, the office of administrative hearings, the state board of tax appeals or any state or federal court involving penalties that were assessed against a return preparer, an electronic return preparer or a payroll service company pursuant to section 42-1103.02, 42-1125.01 or 43-419, confidential information may be disclosed only before the judge or administrative law judge adjudicating the proceeding, the parties to the proceeding and the parties' representatives in the proceeding prior to its introduction into evidence in the proceeding. The confidential information may be introduced as evidence in the proceeding only if the taxpayer's name, the names of any dependents listed on the return, all social security numbers, the taxpayer's address, the taxpayer's signature and any attachments containing any of the foregoing information are redacted and if either: |
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| 301 | 301 | | |
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| 302 | 302 | | 1. The treatment of an item reflected on such a return is or may be related to the resolution of an issue in the proceeding. |
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| 303 | 303 | | |
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| 304 | 304 | | 2. Such a return or the return information relates or may relate to a transactional relationship between a person who is a party to the proceeding and the taxpayer that directly affects the resolution of an issue in the proceeding. |
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| 305 | 305 | | |
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| 306 | 306 | | 3. The method of payment of the taxpayer's withholding tax liability or the method of filing the taxpayer's withholding tax return is an issue for the period. |
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| 307 | 307 | | |
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| 308 | 308 | | U. The department and attorney general may share the information specified in subsection S of this section with any of the following: |
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| 309 | 309 | | |
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| 310 | 310 | | 1. Federal, state or local agencies located in this state for the purposes of enforcement of the statutes or agreements specified in subsection S of this section or for the purposes of enforcement of corresponding laws of other states. |
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| 311 | 311 | | |
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| 312 | 312 | | 2. Indian tribes located in this state for the purposes of enforcement of the statutes or agreements specified in subsection S of this section. |
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| 313 | 313 | | |
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| 314 | 314 | | 3. A court, arbitrator, data clearinghouse or similar entity for the purpose of assessing compliance with or making calculations required by the master settlement agreement or agreements regarding disputes under the master settlement agreement, and with counsel for the parties or expert witnesses in any such proceeding, if the information otherwise remains confidential. |
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| 315 | 315 | | |
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| 316 | 316 | | V. The department may provide the name and address of qualifying hospitals and qualifying health care organizations, as defined in section 42-5001, to a business that is classified and reporting transaction privilege tax under the utilities classification. |
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| 317 | 317 | | |
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| 318 | 318 | | W. The department may disclose to an official of any city, town or county in a current agreement or considering a prospective agreement with the department as described in section 42-5032.02, subsection G any information relating to amounts that are subject to distribution and that are required by section 42-5032.02. Information disclosed by the department under this subsection: |
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| 319 | 319 | | |
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| 320 | 320 | | 1. May only be used by the city, town or county for internal purposes. |
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| 321 | 321 | | |
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| 322 | 322 | | 2. May not be disclosed to the public in any manner that does not comply with confidentiality standards established by the department. The city, town or county must agree with the department in writing that any release of confidential information that violates the confidentiality standards will result in the immediate suspension of any rights of the city, town or county to receive information under this subsection. |
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| 323 | 323 | | |
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| 324 | 324 | | X. Notwithstanding any other provision of this section, the department may not disclose information provided by an online lodging marketplace, as defined in section 42-5076, without the written consent of the online lodging marketplace, and the information may be disclosed only pursuant to subsection A, paragraphs 1 through 6, 8 and 10, subsection B, paragraphs 1, 2, 7 and 8 and subsections C, and D and G of this section. Such information: |
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| 325 | 325 | | |
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| 326 | 326 | | 1. Is not subject to disclosure pursuant to title 39, relating to public records. |
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| 327 | 327 | | |
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| 328 | 328 | | 2. May not be disclosed to any agency of this state or of any county, city, town or other political subdivision of this state. END_STATUTE |
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| 329 | 329 | | |
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| 330 | 330 | | Sec. 4. Section 42-5042, Arizona Revised Statutes, is amended to read: |
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| 331 | 331 | | |
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| 332 | 332 | | START_STATUTE42-5042. Online lodging operators; requirements; definitions |
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| 333 | 333 | | |
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| 334 | 334 | | A. An online lodging operator may not offer for rent or rent a lodging accommodation without a current transaction privilege tax license. The online lodging operator shall list the transaction privilege tax license number on each advertisement for each lodging accommodation the online lodging operator maintains, including online lodging marketplace postings. |
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| 335 | 335 | | |
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| 336 | 336 | | B. For the purposes of this section, : |
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| 337 | 337 | | |
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| 338 | 338 | | 1. "lodging accommodation", has "online lodging marketplace" and "online lodging operator" have the same meaning meanings prescribed in section 42-5076. |
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| 339 | 339 | | |
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| 340 | 340 | | 2. "Online lodging marketplace" has the same meaning prescribed in section 42-5076. |
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| 341 | 341 | | |
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| 342 | 342 | | 3. "Online lodging operator" has the same meaning prescribed in section 42-5076 and includes an owner of a vacation rental or short-term rental, as defined in section 9-500.39 or 11-269.17, that is not offered through an online lodging marketplace. END_STATUTE |
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| 343 | 343 | | |
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| 344 | 344 | | Sec. 5. Section 42-5075, Arizona Revised Statutes, is amended to read: |
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| 345 | 345 | | |
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| 346 | 346 | | START_STATUTE42-5075. Prime contracting classification; exemptions; definitions |
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| 347 | 347 | | |
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| 348 | 348 | | A. The prime contracting classification is comprised of the business of prime contracting and the business of manufactured building dealer. Sales for resale to another manufactured building dealer are not subject to tax. Sales for resale do not include sales to a lessor of manufactured buildings. The sale of a used manufactured building is not taxable under this chapter. The prime contracting classification does not include any work or operation performed by a person that is not required to be licensed by the registrar of contractors pursuant to section 32-1121. |
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| 349 | 349 | | |
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| 350 | 350 | | B. The tax base for the prime contracting classification is sixty-five percent of the gross proceeds of sales or gross income derived from the business. The following amounts shall be deducted from the gross proceeds of sales or gross income before computing the tax base: |
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| 351 | 351 | | |
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| 352 | 352 | | 1. The sales price of land, which shall not exceed the fair market value. |
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| 353 | 353 | | |
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| 354 | 354 | | 2. Sales and installation of groundwater measuring devices required under section 45-604 and groundwater monitoring wells required by law, including monitoring wells installed for acquiring information for a permit required by law. |
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| 355 | 355 | | |
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| 356 | 356 | | 3. The sales price of furniture, furnishings, fixtures, appliances and attachments that are not incorporated as component parts of or attached to a manufactured building or the setup site. The sale of such items may be subject to the taxes imposed by article 1 of this chapter separately and distinctly from the sale of the manufactured building. |
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| 357 | 357 | | |
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| 358 | 358 | | 4. The gross proceeds of sales or gross income received from a contract entered into for the modification of any building, highway, road, railroad, excavation, manufactured building or other structure, project, development or improvement located in a military reuse zone for providing aviation or aerospace services or for a manufacturer, assembler or fabricator of aviation or aerospace products within an active military reuse zone after the zone is initially established or renewed under section 41-1531. To be eligible to qualify for this deduction, before beginning work under the contract, the prime contractor must have applied for a letter of qualification from the department of revenue. |
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| 359 | 359 | | |
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| 360 | 360 | | 5. The gross proceeds of sales or gross income derived from a contract to construct a qualified environmental technology manufacturing, producing or processing facility, as described in section 41-1514.02, and from subsequent construction and installation contracts that begin within ten years after the start of initial construction. To qualify for this deduction, before beginning work under the contract, the prime contractor must obtain a letter of qualification from the department of revenue. This paragraph shall apply for ten full consecutive calendar or fiscal years after the start of initial construction. |
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| 361 | 361 | | |
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| 362 | 362 | | 6. The gross proceeds of sales or gross income from a contract to provide for one or more of the following actions, or a contract for site preparation, constructing, furnishing or installing machinery, equipment or other tangible personal property, including structures necessary to protect exempt incorporated materials or installed machinery or equipment, and tangible personal property incorporated into the project, to perform one or more of the following actions in response to a release or suspected release of a hazardous substance, pollutant or contaminant from a facility to the environment, unless the release was authorized by a permit issued by a governmental authority: |
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| 363 | 363 | | |
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| 364 | 364 | | (a) Actions to monitor, assess and evaluate such a release or a suspected release. |
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| 365 | 365 | | |
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| 366 | 366 | | (b) Excavation, removal and transportation of contaminated soil and its treatment or disposal. |
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| 367 | 367 | | |
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| 368 | 368 | | (c) Treatment of contaminated soil by vapor extraction, chemical or physical stabilization, soil washing or biological treatment to reduce the concentration, toxicity or mobility of a contaminant. |
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| 369 | 369 | | |
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| 370 | 370 | | (d) Pumping and treatment or in situ treatment of contaminated groundwater or surface water to reduce the concentration or toxicity of a contaminant. |
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| 371 | 371 | | |
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| 372 | 372 | | (e) The installation of structures, such as cutoff walls or caps, to contain contaminants present in groundwater or soil and prevent them from reaching a location where they could threaten human health or welfare or the environment. |
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| 373 | 373 | | |
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| 374 | 374 | | This paragraph does not include asbestos removal or the construction or use of ancillary structures such as maintenance sheds, offices or storage facilities for unattached equipment, pollution control equipment, facilities or other control items required or to be used by a person to prevent or control contamination before it reaches the environment. |
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| 375 | 375 | | |
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| 376 | 376 | | 7. The gross proceeds of sales or gross income that is derived from a contract for the installation, assembly, repair or maintenance of machinery, equipment or other tangible personal property that is either deducted from the tax base of the retail classification under section 42-5061, subsection B or that is exempt from use tax under section 42-5159, subsection B and that has independent functional utility, pursuant to the following provisions: |
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| 377 | 377 | | |
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| 378 | 378 | | (a) The deduction provided in this paragraph includes the gross proceeds of sales or gross income derived from all of the following: |
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| 379 | 379 | | |
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| 380 | 380 | | (i) Any activity performed on machinery, equipment or other tangible personal property with independent functional utility. |
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| 381 | 381 | | |
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| 382 | 382 | | (ii) Any activity performed on any tangible personal property relating to machinery, equipment or other tangible personal property with independent functional utility in furtherance of any of the purposes provided for under subdivision (d) of this paragraph. |
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| 383 | 383 | | |
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| 384 | 384 | | (iii) Any activity that is related to the activities described in items (i) and (ii) of this subdivision, including inspecting the installation of or testing the machinery, equipment or other tangible personal property. |
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| 385 | 385 | | |
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| 386 | 386 | | (b) The deduction provided in this paragraph does not include gross proceeds of sales or gross income from the portion of any contracting activity that consists of the development of, or modification to, real property in order to facilitate the installation, assembly, repair, maintenance or removal of machinery, equipment or other tangible personal property that is either deducted from the tax base of the retail classification under section 42-5061, subsection B or exempt from use tax under section 42-5159, subsection B. |
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| 387 | 387 | | |
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| 388 | 388 | | (c) The deduction provided in this paragraph shall be determined without regard to the size or useful life of the machinery, equipment or other tangible personal property. |
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| 389 | 389 | | |
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| 390 | 390 | | (d) For the purposes of this paragraph, "independent functional utility" means that the machinery, equipment or other tangible personal property can independently perform its function without attachment to real property, other than attachment for any of the following purposes: |
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| 391 | 391 | | |
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| 392 | 392 | | (i) Assembling the machinery, equipment or other tangible personal property. |
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| 393 | 393 | | |
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| 394 | 394 | | (ii) Connecting items of machinery, equipment or other tangible personal property to each other. |
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| 395 | 395 | | |
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| 396 | 396 | | (iii) Connecting the machinery, equipment or other tangible personal property, whether as an individual item or as a system of items, to water, power, gas, communication or other services. |
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| 397 | 397 | | |
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| 398 | 398 | | (iv) Stabilizing or protecting the machinery, equipment or other tangible personal property during operation by bolting, burying or performing other similar nonpermanent connections to either real property or real property improvements. |
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| 399 | 399 | | |
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| 400 | 400 | | 8. The gross proceeds of sales or gross income attributable to the purchase of machinery, equipment or other tangible personal property that is exempt from or deductible from transaction privilege and use tax under: |
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| 401 | 401 | | |
|---|
| 402 | 402 | | (a) Section 42-5061, subsection A, paragraph 25, 29 or 58. |
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| 403 | 403 | | |
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| 404 | 404 | | (b) Section 42-5061, subsection B. |
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| 405 | 405 | | |
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| 406 | 406 | | (c) Section 42-5159, subsection A, paragraph 13, subdivision (a), (b), (c), (d), (e), (f), (j), (k), (m) or (n) or paragraph 55. |
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| 407 | 407 | | |
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| 408 | 408 | | (d) Section 42-5159, subsection B. |
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| 409 | 409 | | |
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| 410 | 410 | | 9. The gross proceeds of sales or gross income received from a contract for the construction of an environmentally controlled facility for the raising of poultry for the production of eggs and the sorting, cooling and packaging of eggs. |
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| 411 | 411 | | |
|---|
| 412 | 412 | | 10. The gross proceeds of sales or gross income that is derived from a contract entered into with a person who is engaged in the commercial production of livestock, livestock products or agricultural, horticultural, viticultural or floricultural crops or products in this state for the modification of any building, highway, road, excavation, manufactured building or other structure, project, development or improvement used directly and primarily to prevent, monitor, control or reduce air, water or land pollution. |
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| 413 | 413 | | |
|---|
| 414 | 414 | | 11. The gross proceeds of sales or gross income that is derived from the installation, assembly, repair or maintenance of clean rooms that are deducted from the tax base of the retail classification pursuant to section 42-5061, subsection B, paragraph 17. |
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| 415 | 415 | | |
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| 416 | 416 | | 12. For taxable periods beginning from and after June 30, 2001, the gross proceeds of sales or gross income derived from a contract entered into for the construction of a residential apartment housing facility that qualifies for a federal housing subsidy for low income persons over sixty-two years of age and that is owned by a nonprofit charitable organization that has qualified under section 501(c)(3) of the internal revenue code. |
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| 417 | 417 | | |
|---|
| 418 | 418 | | 13. For taxable periods beginning from and after December 31, 1996 and ending before January 1, 2017, the gross proceeds of sales or gross income derived from a contract to provide and install a solar energy device. The contractor shall register with the department as a solar energy contractor. By registering, the contractor acknowledges that it will make its books and records relating to sales of solar energy devices available to the department for examination. |
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| 419 | 419 | | |
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| 420 | 420 | | 14. The gross proceeds of sales or gross income derived from a contract entered into for the construction of a launch site, as defined in 14 Code of Federal Regulations section 401.5. |
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| 421 | 421 | | |
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| 422 | 422 | | 15. The gross proceeds of sales or gross income derived from a contract entered into for the construction of a domestic violence shelter that is owned and operated by a nonprofit charitable organization that has qualified under section 501(c)(3) of the internal revenue code. |
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| 423 | 423 | | |
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| 424 | 424 | | 16. The gross proceeds of sales or gross income derived from contracts to perform postconstruction treatment of real property for termite and general pest control, including wood-destroying organisms. |
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| 425 | 425 | | |
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| 426 | 426 | | 17. The gross proceeds of sales or gross income received from contracts entered into before July 1, 2006 for constructing a state university research infrastructure project if the project has been reviewed by the joint committee on capital review before the university enters into the construction contract for the project. For the purposes of this paragraph, "research infrastructure" has the same meaning prescribed in section 15-1670. |
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| 427 | 427 | | |
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| 428 | 428 | | 18. The gross proceeds of sales or gross income received from a contract for the construction of any building, or other structure, project, development or improvement owned by a qualified business under section 41-1516 for harvesting or processing qualifying forest products removed from qualifying projects as defined in section 41-1516 if actual construction begins before January 1, 2024. To qualify for this deduction, the prime contractor must obtain a letter of qualification from the Arizona commerce authority before beginning work under the contract. |
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| 429 | 429 | | |
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| 430 | 430 | | 19. Any amount of the gross proceeds of sales or gross income attributable to development fees that are incurred in relation to a contract for construction, development or improvement of real property and that are paid by a prime contractor or subcontractor. For the purposes of this paragraph: |
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| 431 | 431 | | |
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| 432 | 432 | | (a) The attributable amount shall not exceed the value of the development fees actually imposed. |
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| 433 | 433 | | |
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| 434 | 434 | | (b) The attributable amount is equal to the total amount of development fees paid by the prime contractor or subcontractor, and the total development fees credited in exchange for the construction of, contribution to or dedication of real property for providing public infrastructure, public safety or other public services necessary to the development. The real property must be the subject of the development fees. |
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| 435 | 435 | | |
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| 436 | 436 | | (c) "Development fees" means fees imposed to offset capital costs of providing public infrastructure, public safety or other public services to a development and authorized pursuant to section 9-463.05, section 11-1102 or title 48 regardless of the jurisdiction to which the fees are paid. |
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| 437 | 437 | | |
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| 438 | 438 | | 20. The gross proceeds of sales or gross income derived from a contract entered into for the construction of a mixed waste processing facility that is located on a municipal solid waste landfill and that is constructed for the purpose of recycling solid waste or producing renewable energy from landfill waste. For the purposes of this paragraph: |
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| 439 | 439 | | |
|---|
| 440 | 440 | | (a) "Mixed waste processing facility" means a solid waste facility that is owned, operated or used for the treatment, processing or disposal of solid waste, recyclable solid waste, conditionally exempt small quantity generator waste or household hazardous waste. For the purposes of this subdivision, "conditionally exempt small quantity generator waste", "household hazardous waste" and "solid waste facility" have the same meanings prescribed in section 49-701, except that solid waste facility does include a site that stores, treats or processes paper, glass, wood, cardboard, household textiles, scrap metal, plastic, vegetative waste, aluminum, steel or other recyclable material. |
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| 441 | 441 | | |
|---|
| 442 | 442 | | (b) "Municipal solid waste landfill" has the same meaning prescribed in section 49-701. |
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| 443 | 443 | | |
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| 444 | 444 | | (c) "Recycling" means collecting, separating, cleansing, treating and reconstituting recyclable solid waste that would otherwise become solid waste, but does not include incineration or other similar processes. |
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| 445 | 445 | | |
|---|
| 446 | 446 | | (d) "Renewable energy" has the same meaning prescribed in section 41-1511. |
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| 447 | 447 | | |
|---|
| 448 | 448 | | C. Entitlement to the deduction pursuant to subsection B, paragraph 7 of this section is subject to the following provisions: |
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| 449 | 449 | | |
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| 450 | 450 | | 1. A prime contractor may establish entitlement to the deduction by both: |
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| 451 | 451 | | |
|---|
| 452 | 452 | | (a) Marking the invoice for the transaction to indicate that the gross proceeds of sales or gross income derived from the transaction was deducted from the base. |
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| 453 | 453 | | |
|---|
| 454 | 454 | | (b) Obtaining a certificate executed by the purchaser indicating the name and address of the purchaser, the precise nature of the business of the purchaser, the purpose for which the purchase was made, the necessary facts to establish the deductibility of the property under section 42-5061, subsection B, and a certification that the person executing the certificate is authorized to do so on behalf of the purchaser. The certificate may be disregarded if the prime contractor has reason to believe that the information contained in the certificate is not accurate or complete. |
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| 455 | 455 | | |
|---|
| 456 | 456 | | 2. A person who does not comply with paragraph 1 of this subsection may establish entitlement to the deduction by presenting facts necessary to support the entitlement, but the burden of proof is on that person. |
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| 457 | 457 | | |
|---|
| 458 | 458 | | 3. The department may prescribe a form for the certificate described in paragraph 1, subdivision (b) of this subsection. The department may also adopt rules that describe the transactions with respect to which a person is not entitled to rely solely on the information contained in the certificate provided in paragraph 1, subdivision (b) of this subsection but must instead obtain such additional information as required in order to be entitled to the deduction. |
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| 459 | 459 | | |
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| 460 | 460 | | 4. If a prime contractor is entitled to a deduction by complying with paragraph 1 of this subsection, the department may require the purchaser who caused the execution of the certificate to establish the accuracy and completeness of the information required to be contained in the certificate that would entitle the prime contractor to the deduction. If the purchaser cannot establish the accuracy and completeness of the information, the purchaser is liable in an amount equal to any tax, penalty and interest that the prime contractor would have been required to pay under article 1 of this chapter if the prime contractor had not complied with paragraph 1 of this subsection. Payment of the amount under this paragraph exempts the purchaser from liability for any tax imposed under article 4 of this chapter. The amount shall be treated as a transaction privilege tax to the purchaser and as tax revenues collected from the prime contractor in order to designate the distribution base for purposes of section 42-5029. |
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| 461 | 461 | | |
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| 462 | 462 | | D. Subcontractors or others who perform modification activities are not subject to tax if they can demonstrate that the job was within the control of a prime contractor or contractors or a dealership of manufactured buildings and that the prime contractor or dealership is liable for the tax on the gross income, gross proceeds of sales or gross receipts attributable to the job and from which the subcontractors or others were paid. |
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| 463 | 463 | | |
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| 464 | 464 | | E. Amounts received by a contractor for a project are excluded from the contractor's gross proceeds of sales or gross income derived from the business if the person who hired the contractor executes and provides a certificate to the contractor stating that the person providing the certificate is a prime contractor and is liable for the tax under article 1 of this chapter. The department shall prescribe the form of the certificate. If the contractor has reason to believe that the information contained on the certificate is erroneous or incomplete, the department may disregard the certificate. If the person who provides the certificate is not liable for the tax as a prime contractor, that person is nevertheless deemed to be the prime contractor in lieu of the contractor and is subject to the tax under this section on the gross receipts or gross proceeds received by the contractor. |
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| 465 | 465 | | |
|---|
| 466 | 466 | | F. Every person engaging or continuing in this state in the business of prime contracting or dealership of manufactured buildings shall present to the purchaser of such prime contracting or manufactured building a written receipt of the gross income or gross proceeds of sales from such activity and shall separately state the taxes to be paid pursuant to this section. |
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| 467 | 467 | | |
|---|
| 468 | 468 | | G. For the purposes of section 42-5032.01, the department shall separately account for revenues collected under the prime contracting classification from any prime contractor engaged in the preparation or construction of a multipurpose facility, and related infrastructure, that is owned, operated or leased by the tourism and sports authority pursuant to title 5, chapter 8. |
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| 469 | 469 | | |
|---|
| 470 | 470 | | H. For the purposes of section 42-5032.02, from and after September 30, 2013, the department shall separately account for revenues reported and collected under the prime contracting classification from any prime contractor engaged in the construction of any buildings and associated improvements that are for the benefit of a manufacturing facility. For the purposes of this subsection, "associated improvements" and "manufacturing facility" have the same meanings prescribed in section 42-5032.02. |
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| 471 | 471 | | |
|---|
| 472 | 472 | | I. The gross proceeds of sales or gross income derived from a contract for lawn maintenance services is not subject to tax under this section if the contract does not include landscaping activities. Lawn maintenance service is a service pursuant to section 42-5061, subsection A, paragraph 1, and includes lawn mowing and edging, weeding, repairing sprinkler heads or drip irrigation heads, seasonal replacement of flowers, refreshing gravel, lawn dethatching, seeding winter lawns, leaf and debris collection and removal, tree or shrub pruning or clipping, garden and gravel raking and applying pesticides, as defined in section 3-361, and fertilizer materials, as defined in section 3-262. |
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| 473 | 473 | | |
|---|
| 474 | 474 | | J. Except as provided in subsection O of this section, the gross proceeds of sales or gross income derived from landscaping activities is subject to tax under this section. Landscaping includes installing lawns, grading or leveling ground, installing gravel or boulders, planting trees and other plants, felling trees, removing or mulching tree stumps, removing other imbedded plants, building irrigation berms, installing railroad ties and installing underground sprinkler or watering systems. |
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| 475 | 475 | | |
|---|
| 476 | 476 | | K. The portion of gross proceeds of sales or gross income attributable to the actual direct costs of providing architectural or engineering services that are incorporated in a contract is not subject to tax under this section. For the purposes of this subsection, "direct costs" means the portion of the actual costs that are directly expended in providing architectural or engineering services. |
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| 477 | 477 | | |
|---|
| 478 | 478 | | L. Operating a landfill or a solid waste disposal facility is not subject to taxation under this section, including filling, compacting and creating vehicle access to and from cell sites within the landfill. Constructing roads to a landfill or solid waste disposal facility and constructing cells within a landfill or solid waste disposal facility may be deemed prime contracting under this section. |
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| 479 | 479 | | |
|---|
| 480 | 480 | | M. The following apply in determining the taxable situs of sales of manufactured buildings: |
|---|
| 481 | 481 | | |
|---|
| 482 | 482 | | 1. For sales in this state where the manufactured building dealer contracts to deliver the building to a setup site or to perform the setup in this state, the taxable situs is the setup site. |
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| 483 | 483 | | |
|---|
| 484 | 484 | | 2. For sales in this state where the manufactured building dealer does not contract to deliver the building to a setup site or does not perform the setup, the taxable situs is the location of the dealership where the building is delivered to the buyer. |
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| 485 | 485 | | |
|---|
| 486 | 486 | | 3. For sales in this state where the manufactured building dealer contracts to deliver the building to a setup site that is outside this state, the situs is outside this state and the transaction is excluded from tax. |
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| 487 | 487 | | |
|---|
| 488 | 488 | | N. The gross proceeds of sales or gross income attributable to a written contract for design phase services or professional services, executed before modification begins and with terms, conditions and pricing of all of these services separately stated in the contract from those for construction phase services, is not subject to tax under this section, regardless of whether the services are provided sequential to or concurrent with prime contracting activities that are subject to tax under this section. This subsection does not include the gross proceeds of sales or gross income attributable to construction phase services. For the purposes of this subsection: |
|---|
| 489 | 489 | | |
|---|
| 490 | 490 | | 1. "Construction phase services" means services for the execution and completion of any modification, including the following: |
|---|
| 491 | 491 | | |
|---|
| 492 | 492 | | (a) Administration or supervision of any modification performed on the project, including team management and coordination, scheduling, cost controls, submittal process management, field management, safety program, close-out process and warranty period services. |
|---|
| 493 | 493 | | |
|---|
| 494 | 494 | | (b) Administration or supervision of any modification performed pursuant to a punch list. For the purposes of this subdivision, "punch list" means minor items of modification work performed after substantial completion and before final completion of the project. |
|---|
| 495 | 495 | | |
|---|
| 496 | 496 | | (c) Administration or supervision of any modification performed pursuant to change orders. For the purposes of this subdivision, "change order" means a written instrument issued after execution of a contract for modification work, providing for all of the following: |
|---|
| 497 | 497 | | |
|---|
| 498 | 498 | | (i) The scope of a change in the modification work, contract for modification work or other contract documents. |
|---|
| 499 | 499 | | |
|---|
| 500 | 500 | | (ii) The amount of an adjustment, if any, to the guaranteed maximum price as set in the contract for modification work. For the purposes of this item, "guaranteed maximum price" means the amount guaranteed to be the maximum amount due to a prime contractor for the performance of all modification work for the project. |
|---|
| 501 | 501 | | |
|---|
| 502 | 502 | | (iii) The extent of an adjustment, if any, to the contract time of performance set forth in the contract. |
|---|
| 503 | 503 | | |
|---|
| 504 | 504 | | (d) Administration or supervision of any modification performed pursuant to change directives. For the purposes of this subdivision, "change directive" means a written order directing a change in modification work before agreement on an adjustment of the guaranteed maximum price or contract time. |
|---|
| 505 | 505 | | |
|---|
| 506 | 506 | | (e) Inspection to determine the dates of substantial completion or final completion. |
|---|
| 507 | 507 | | |
|---|
| 508 | 508 | | (f) Preparation of any manuals, warranties, as-built drawings, spares or other items the prime contractor must furnish pursuant to the contract for modification work. For the purposes of this subdivision, "as-built drawing" means a drawing that indicates field changes made to adapt to field conditions, field changes resulting from change orders or buried and concealed installation of piping, conduit and utility services. |
|---|
| 509 | 509 | | |
|---|
| 510 | 510 | | (g) Preparation of status reports after modification work has begun detailing the progress of work performed, including preparation of any of the following: |
|---|
| 511 | 511 | | |
|---|
| 512 | 512 | | (i) Master schedule updates. |
|---|
| 513 | 513 | | |
|---|
| 514 | 514 | | (ii) Modification work cash flow projection updates. |
|---|
| 515 | 515 | | |
|---|
| 516 | 516 | | (iii) Site reports made on a periodic basis. |
|---|
| 517 | 517 | | |
|---|
| 518 | 518 | | (iv) Identification of discrepancies, conflicts or ambiguities in modification work documents that require resolution. |
|---|
| 519 | 519 | | |
|---|
| 520 | 520 | | (v) Identification of any health and safety issues that have arisen in connection with the modification work. |
|---|
| 521 | 521 | | |
|---|
| 522 | 522 | | (h) Preparation of daily logs of modification work, including documentation of personnel, weather conditions and on-site occurrences. |
|---|
| 523 | 523 | | |
|---|
| 524 | 524 | | (i) Preparation of any submittals or shop drawings used by the prime contractor to illustrate details of the modification work performed. |
|---|
| 525 | 525 | | |
|---|
| 526 | 526 | | (j) Administration or supervision of any other activities for which a prime contractor receives a certificate for payment or certificate for final payment based on the progress of modification work performed on the project. |
|---|
| 527 | 527 | | |
|---|
| 528 | 528 | | 2. "Design phase services" means services for developing and completing a design for a project that are not construction phase services, including the following: |
|---|
| 529 | 529 | | |
|---|
| 530 | 530 | | (a) Evaluating surveys, reports, test results or any other information on-site conditions for the project, including physical characteristics, legal limitations and utility locations for the site. |
|---|
| 531 | 531 | | |
|---|
| 532 | 532 | | (b) Evaluating any criteria or programming objectives for the project to ascertain requirements for the project, such as physical requirements affecting cost or projected utilization of the project. |
|---|
| 533 | 533 | | |
|---|
| 534 | 534 | | (c) Preparing drawings and specifications for architectural program documents, schematic design documents, design development documents, modification work documents or documents that identify the scope of or materials for the project. |
|---|
| 535 | 535 | | |
|---|
| 536 | 536 | | (d) Preparing an initial schedule for the project, excluding the preparation of updates to the master schedule after modification work has begun. |
|---|
| 537 | 537 | | |
|---|
| 538 | 538 | | (e) Preparing preliminary estimates of costs of modification work before completion of the final design of the project, including an estimate or schedule of values for any of the following: |
|---|
| 539 | 539 | | |
|---|
| 540 | 540 | | (i) Labor, materials, machinery and equipment, tools, water, heat, utilities, transportation and other facilities and services used in the execution and completion of modification work, regardless of whether they are temporary or permanent or whether they are incorporated in the modifications. |
|---|
| 541 | 541 | | |
|---|
| 542 | 542 | | (ii) The cost of labor and materials to be furnished by the owner of the real property. |
|---|
| 543 | 543 | | |
|---|
| 544 | 544 | | (iii) The cost of any equipment of the owner of the real property to be assigned by the owner to the prime contractor. |
|---|
| 545 | 545 | | |
|---|
| 546 | 546 | | (iv) The cost of any labor for installation of equipment separately provided by the owner of the real property that has been designed, specified, selected or specifically provided for in any design document for the project. |
|---|
| 547 | 547 | | |
|---|
| 548 | 548 | | (v) Any fee paid by the owner of the real property to the prime contractor pursuant to the contract for modification work. |
|---|
| 549 | 549 | | |
|---|
| 550 | 550 | | (vi) Any bond and insurance premiums. |
|---|
| 551 | 551 | | |
|---|
| 552 | 552 | | (vii) Any applicable taxes. |
|---|
| 553 | 553 | | |
|---|
| 554 | 554 | | (viii) Any contingency fees for the prime contractor that may be used before final completion of the project. |
|---|
| 555 | 555 | | |
|---|
| 556 | 556 | | (f) Reviewing and evaluating cost estimates and project documents to prepare recommendations on site use, site improvements, selection of materials, building systems and equipment, modification feasibility, availability of materials and labor, local modification activity as related to schedules and time requirements for modification work. |
|---|
| 557 | 557 | | |
|---|
| 558 | 558 | | (g) Preparing the plan and procedures for selection of subcontractors, including any prequalification of subcontractor candidates. |
|---|
| 559 | 559 | | |
|---|
| 560 | 560 | | 3. "Professional services" means architect services, engineer services, geologist services, land surveying services or landscape architect services that are within the scope of those services as provided in title 32, chapter 1 and for which gross proceeds of sales or gross income has not otherwise been deducted under subsection K of this section. |
|---|
| 561 | 561 | | |
|---|
| 562 | 562 | | O. The gross proceeds of sales or gross income derived from a contract with the owner of real property or improvements to real property for the maintenance, repair, replacement or alteration of existing property is not subject to tax under this section if the contract does not include modification activities, except as specified in this subsection. The gross proceeds of sales or gross income derived from a de minimis amount of modification activity does not subject the contract or any part of the contract to tax under this section. For the purposes of this subsection: |
|---|
| 563 | 563 | | |
|---|
| 564 | 564 | | 1. Tangible personal property that is incorporated or fabricated into a project described in this subsection may be subject to the amount prescribed in section 42-5008.01. |
|---|
| 565 | 565 | | |
|---|
| 566 | 566 | | 2. Each contract is independent of any other contract, except that any change order that directly relates to the scope of work of the original contract shall be treated the same as the original contract under this chapter, regardless of the amount of modification activities included in the change order. If a change order does not directly relate to the scope of work of the original contract, the change order shall be treated as a new contract, with the tax treatment of any subsequent change order to follow the tax treatment of the contract to which the scope of work of the subsequent change order directly relates. |
|---|
| 567 | 567 | | |
|---|
| 568 | 568 | | P. Notwithstanding subsection O of this section, a contract that primarily involves surface or subsurface improvements to land and that is subject to title 28, chapter 19, 20 or 22 or title 34, chapter 2 or 6 is taxable under this section, even if the contract also includes vertical improvements. Agencies that are subject to procurement processes under those provisions shall include in the request for proposals a notice to bidders when those projects are subject to this section. This subsection does not apply to contracts with: |
|---|
| 569 | 569 | | |
|---|
| 570 | 570 | | 1. Community facilities districts, fire districts, county television improvement districts, community park maintenance districts, cotton pest control districts, hospital districts, pest abatement districts, health service districts, agricultural improvement districts, county free library districts, county jail districts, county stadium districts, special health care districts, public health services districts, theme park districts or revitalization districts. |
|---|
| 571 | 571 | | |
|---|
| 572 | 572 | | 2. Any special taxing district not specified in paragraph 1 of this subsection if the district does not substantially engage in the modification, maintenance, repair, replacement or alteration of surface or subsurface improvements to land. |
|---|
| 573 | 573 | | |
|---|
| 574 | 574 | | Q. Notwithstanding subsection R, paragraph 10 of this section, a person owning real property who enters into a contract for sale of the real property, who is responsible to the new owner of the property for modifications made to the property in the period subsequent to the transfer of title and who receives a consideration for the modifications is considered a prime contractor solely for purposes of taxing the gross proceeds of sale or gross income received for the modifications made subsequent to the transfer of title. The original owner's gross proceeds of sale or gross income received for the modifications shall be determined according to the following methodology: |
|---|
| 575 | 575 | | |
|---|
| 576 | 576 | | 1. If any part of the contract for sale of the property specifies amounts to be paid to the original owner for the modifications to be made in the period subsequent to the transfer of title, the amounts are included in the original owner's gross proceeds of sale or gross income under this section. Proceeds from the sale of the property that are received after transfer of title and that are unrelated to the modifications made subsequent to the transfer of title are not considered gross proceeds of sale or gross income from the modifications. |
|---|
| 577 | 577 | | |
|---|
| 578 | 578 | | 2. If the original owner enters into an agreement separate from the contract for sale of the real property providing for amounts to be paid to the original owner for the modifications to be made in the period subsequent to the transfer of title to the property, the amounts are included in the original owner's gross proceeds of sale or gross income received for the modifications made subsequent to the transfer of title. |
|---|
| 579 | 579 | | |
|---|
| 580 | 580 | | 3. If the original owner is responsible to the new owner for modifications made to the property in the period subsequent to the transfer of title and derives any gross proceeds of sale or gross income from the project subsequent to the transfer of title other than a delayed disbursement from escrow unrelated to the modifications, it is presumed that the amounts are received for the modifications made subsequent to the transfer of title unless the contrary is established by the owner through its books, records and papers kept in the regular course of business. |
|---|
| 581 | 581 | | |
|---|
| 582 | 582 | | 4. The tax base of the original owner is computed in the same manner as a prime contractor under this section. |
|---|
| 583 | 583 | | |
|---|
| 584 | 584 | | R. For the purposes of this section: |
|---|
| 585 | 585 | | |
|---|
| 586 | 586 | | 1. "Alteration" means an activity or action that causes a direct physical change to existing property. For the purposes of this paragraph: |
|---|
| 587 | 587 | | |
|---|
| 588 | 588 | | (a) For existing property that is properly classified as class one property under section 42-12001, paragraph 15, class two property under section 42-12002, paragraph 1, subdivision (c) or paragraph 2, subdivision (c) and that is used for residential purposes, class three property under section 42-12003 or class four property under section 42-12004, this paragraph does not apply if the contract amount is more than twenty-five percent of the most recent full cash value established under chapter 13, article 2 of this title as of the date of any bid for the work or the date of the contract, whichever value is higher. |
|---|
| 589 | 589 | | |
|---|
| 590 | 590 | | (b) For all existing property other than existing property described in subdivision (a) of this paragraph, this paragraph does not apply if the contract amount is more than $750,000. |
|---|
| 591 | 591 | | |
|---|
| 592 | 592 | | (c) Project elements may not be artificially separated from a contract to cause a project to qualify as an alteration. The department has the burden of proof that project elements have been artificially separated from a contract. |
|---|
| 593 | 593 | | |
|---|
| 594 | 594 | | (d) If a project for which the owner and the person performing the work reasonably believed, at the inception of the contract, would be treated as an alteration under this paragraph and, on completion of the project, the project exceeded the applicable threshold described in either subdivision (a) or (b) of this paragraph by no more than twenty-five percent of the applicable threshold for any reason, the work performed under the contract qualifies as an alteration. |
|---|
| 595 | 595 | | |
|---|
| 596 | 596 | | (e) A change order that directly relates to the scope of work of the original contract shall be treated as part of the original contract, and the contract amount shall include any amount attributable to a change order that directly relates to the scope of work of the original contract. |
|---|
| 597 | 597 | | |
|---|
| 598 | 598 | | (f) Alteration does not include maintenance, repair or replacement. |
|---|
| 599 | 599 | | |
|---|
| 600 | 600 | | 2. "Contracting" means engaging in business as a contractor. |
|---|
| 601 | 601 | | |
|---|
| 602 | 602 | | 3. "Contractor" is synonymous with the term "builder" and means any person or organization that undertakes to or offers to undertake to, or purports to have the capacity to undertake to, or submits a bid to, or does personally or by or through others, modify any building, highway, road, railroad, excavation, manufactured building or other structure, project, development or improvement, or to do any part of such a project, including the erection of scaffolding or other structure or works in connection with such a project, and includes subcontractors and specialty contractors. For all purposes of taxation or deduction, this definition shall govern without regard to whether or not such a contractor is acting in fulfillment of a contract. |
|---|
| 603 | 603 | | |
|---|
| 604 | 604 | | 4. "Manufactured building" means a manufactured home, mobile home or factory-built building, as defined in section 41-4001. |
|---|
| 605 | 605 | | |
|---|
| 606 | 606 | | 5. "Manufactured building dealer" means a dealer who either: |
|---|
| 607 | 607 | | |
|---|
| 608 | 608 | | (a) Is licensed pursuant to title 41, chapter 37, article 4 and who sells manufactured buildings to the final consumer. |
|---|
| 609 | 609 | | |
|---|
| 610 | 610 | | (b) Supervises, performs or coordinates the excavation and completion of site improvements or the setup of a manufactured building, including the contracting, if any, with any subcontractor or specialty contractor for the completion of the contract. |
|---|
| 611 | 611 | | |
|---|
| 612 | 612 | | 6. "Modification" means construction, grading and leveling ground, wreckage or demolition. Modification does not include: |
|---|
| 613 | 613 | | |
|---|
| 614 | 614 | | (a) Any project described in subsection O of this section. |
|---|
| 615 | 615 | | |
|---|
| 616 | 616 | | (b) Any wreckage or demolition of existing property, or any other activity that is a necessary component of a project described in subsection O of this section. |
|---|
| 617 | 617 | | |
|---|
| 618 | 618 | | (c) Any mobilization or demobilization related to a project described in subsection O of this section, such as the erection or removal of temporary facilities to be used by those persons working on the project. |
|---|
| 619 | 619 | | |
|---|
| 620 | 620 | | 7. "Modify" means to make a modification or cause a modification to be made. |
|---|
| 621 | 621 | | |
|---|
| 622 | 622 | | 8. "Owner" means the person that holds title to the real property or improvements to real property that is the subject of the work, as well as an agent of the title holder and any person with the authority to perform or authorize work on the real property or improvements, including a tenant and a property manager. For the purposes of subsection O of this section, a person who is hired by a general contractor that is hired by an owner, or a subcontractor of a general contractor that is hired by an owner, is considered to be hired by the owner. |
|---|
| 623 | 623 | | |
|---|
| 624 | 624 | | 9. "Prime contracting" means engaging in business as a prime contractor. |
|---|
| 625 | 625 | | |
|---|
| 626 | 626 | | 10. "Prime contractor" means a contractor who supervises, performs or coordinates the modification of any building, highway, road, railroad, excavation, manufactured building or other structure, project, development or improvement, including the contracting, if any, with any subcontractors or specialty contractors and who is responsible for the completion of the contract. Except as provided in subsections E and Q of this section, a person who owns real property, who engages one or more contractors to modify that real property and who does not itself modify that real property is not a prime contractor within the meaning of this paragraph regardless of the existence of a contract for sale or the subsequent sale of that real property. |
|---|
| 627 | 627 | | |
|---|
| 628 | 628 | | 11. "Replacement" means the removal from service of one component or system of existing property or tangible personal property installed in existing property, including machinery or equipment, and the installation of a new component or system or new tangible personal property, including machinery or equipment, that provides the same, a similar or an upgraded design or functionality, regardless of the contract amount and regardless of whether the existing component or system or existing tangible personal property is physically removed from the existing property. |
|---|
| 629 | 629 | | |
|---|
| 630 | 630 | | 12. "Sale of a used manufactured building" does not include a lease of a used manufactured building. END_STATUTE |
|---|
| 631 | 631 | | |
|---|
| 632 | 632 | | Sec. 6. Section 42-5076, Arizona Revised Statutes, is amended to read: |
|---|
| 633 | 633 | | |
|---|
| 634 | 634 | | START_STATUTE42-5076. Online lodging marketplace classification; definitions |
|---|
| 635 | 635 | | |
|---|
| 636 | 636 | | A. The online lodging marketplace classification is comprised of the business of operating an online lodging marketplace. |
|---|
| 637 | 637 | | |
|---|
| 638 | 638 | | B. The tax base for the online lodging marketplace classification is the gross proceeds of sales or gross income derived from the business measured by the total amount charged for an online transient lodging transaction by the online lodging operator. |
|---|
| 639 | 639 | | |
|---|
| 640 | 640 | | C. Through December 31, 2018, the online lodging marketplace classification does not include any online lodging marketplace that has not entered into an agreement with the department to register for, or has not otherwise obtained from the department, a license to collect tax pursuant to section 42-5005, subsection L. |
|---|
| 641 | 641 | | |
|---|
| 642 | 642 | | D. The tax base for the online lodging marketplace classification does not include the gross proceeds of sales or gross income derived from charges to an occupant who is a transient as defined in section 42-5070 for the occupancy of any lodging accommodation in this state that is classified for property tax purposes under section 42-12001. |
|---|
| 643 | 643 | | |
|---|
| 644 | 644 | | E. For the purposes of this section: |
|---|
| 645 | 645 | | |
|---|
| 646 | 646 | | 1. "Online lodging marketplace" means a person that provides a digital platform for compensation through which an unaffiliated third party offers to rent lodging accommodations in this state to an occupant, including a transient, as defined in section 42-5070, and the accommodations are not classified for property tax purposes under section 42-12001, paragraph 15 or section 42-12003 or 42-12004. For the purposes of this paragraph: |
|---|
| 647 | 647 | | |
|---|
| 648 | 648 | | (a) "Lodging accommodations" means any space offered to the public for lodging, including any hotel, motel, inn, tourist home or house, dude ranch, resort, campground, studio or bachelor hotel, lodging house, rooming house, residential home, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location in this state or other similar structure or space. |
|---|
| 649 | 649 | | |
|---|
| 650 | 650 | | (b) "Unaffiliated third party" means a person that is not owned or controlled, directly or indirectly, by the same interests. |
|---|
| 651 | 651 | | |
|---|
| 652 | 652 | | 2. "Online lodging operator" means a person that is engaged in the business of renting to an occupant, including a transient as defined in section 42-5070, any lodging accommodation in this state offered through an online lodging marketplace. |
|---|
| 653 | 653 | | |
|---|
| 654 | 654 | | 3. "Online lodging transaction" means a charge to an occupant, including a transient as defined in section 42-5070, by an online lodging operator for the occupancy of any lodging accommodation in this state and includes an online transient lodging transaction. |
|---|
| 655 | 655 | | |
|---|
| 656 | 656 | | 4. "Online transient lodging transaction" means a charge to an occupant who is a transient as defined in section 42-5070 by an online lodging operator for the occupancy of any lodging accommodation in this state. END_STATUTE |
|---|
| 657 | 657 | | |
|---|
| 658 | 658 | | Sec. 7. Section 42-12001, Arizona Revised Statutes, is amended to read: |
|---|
| 659 | 659 | | |
|---|
| 660 | 660 | | START_STATUTE42-12001. Class one property |
|---|
| 661 | 661 | | |
|---|
| 662 | 662 | | For the purposes of taxation, class one is established consisting of the following subclasses: |
|---|
| 663 | 663 | | |
|---|
| 664 | 664 | | 1. Producing mines and mining claims, personal property used on mines and mining claims, improvements to mines and mining claims and mills and smelters operated in conjunction with mines and mining claims that are valued at full cash value pursuant to section 42-14053. |
|---|
| 665 | 665 | | |
|---|
| 666 | 666 | | 2. Standing timber that is valued at full cash value. |
|---|
| 667 | 667 | | |
|---|
| 668 | 668 | | 3. Real and personal property of gas distribution companies, electric transmission companies, electric distribution companies, combination gas and electric transmission and distribution companies, and companies engaged in the generation of generating electricity that are valued at full cash value pursuant to section 42-14151. |
|---|
| 669 | 669 | | |
|---|
| 670 | 670 | | 4. Real and personal property of airport fuel delivery companies that are valued pursuant to section 42-14503. |
|---|
| 671 | 671 | | |
|---|
| 672 | 672 | | 5. Real and personal property that is used by producing oil, gas and geothermal resource interests that are valued at full cash value pursuant to section 42-14102. |
|---|
| 673 | 673 | | |
|---|
| 674 | 674 | | 6. Real and personal property of water, sewer and wastewater utility companies that are valued at full cash value pursuant to section 42-14151. |
|---|
| 675 | 675 | | |
|---|
| 676 | 676 | | 7. Real and personal property of pipeline companies that are valued at full cash value pursuant to section 42-14201. |
|---|
| 677 | 677 | | |
|---|
| 678 | 678 | | 8. Real and personal property of shopping centers that are valued at full cash value or pursuant to chapter 13, article 5 of this title, as applicable, other than property that is included in class nine. |
|---|
| 679 | 679 | | |
|---|
| 680 | 680 | | 9. Real and personal property of golf courses that are valued at full cash value or pursuant to chapter 13, article 4 of this title. |
|---|
| 681 | 681 | | |
|---|
| 682 | 682 | | 10. All property, both real and personal, of manufacturers, assemblers or fabricators, other than property that is specifically included in another class described in this article, that is valued under this title. |
|---|
| 683 | 683 | | |
|---|
| 684 | 684 | | 11. Real and personal property that is used in communications transmission facilities and that provides public telephone or telecommunications exchange or interexchange access for compensation to effect two-way communication to, from, through or within this state. |
|---|
| 685 | 685 | | |
|---|
| 686 | 686 | | 12. Real property and improvements that are devoted to any other commercial or industrial use, other than property that is specifically included in another class described in this article, and that are valued at full cash value. |
|---|
| 687 | 687 | | |
|---|
| 688 | 688 | | 13. Personal property that is devoted to any other commercial or industrial use, other than property that is specifically included in another class described in this article, and that is valued at full cash value. |
|---|
| 689 | 689 | | |
|---|
| 690 | 690 | | 14. Real and personal property of electric cooperatives that are valued at full cash value pursuant to section 42-14159. |
|---|
| 691 | 691 | | |
|---|
| 692 | 692 | | 15. Real and personal property and improvements that are used for residential purposes, that are solely leased or rented to lodgers for periods of less than thirty days and that are valued at full cash value, except for: |
|---|
| 693 | 693 | | |
|---|
| 694 | 694 | | (a) Property that is occupied by the owner of the property as the owner's primary residence and included in class three. |
|---|
| 695 | 695 | | |
|---|
| 696 | 696 | | (b) Property for residential purposes that is leased or rented and included in class four. END_STATUTE |
|---|
| 697 | 697 | | |
|---|
| 698 | 698 | | Sec. 8. Section 42-12004, Arizona Revised Statutes, is amended to read: |
|---|
| 699 | 699 | | |
|---|
| 700 | 700 | | START_STATUTE42-12004. Class four property |
|---|
| 701 | 701 | | |
|---|
| 702 | 702 | | A. For the purposes of taxation, class four is established consisting of: |
|---|
| 703 | 703 | | |
|---|
| 704 | 704 | | 1. Real and personal property and improvements to the property that are used for residential purposes, including residential property that is owned in foreclosure by a financial institution, that is not otherwise included in another classification and that is valued at full cash value. The homesite that is included in class four may include: |
|---|
| 705 | 705 | | |
|---|
| 706 | 706 | | (a) Up to ten acres on a single parcel of real property on which the residential improvement is located. |
|---|
| 707 | 707 | | |
|---|
| 708 | 708 | | (b) More than ten, but not more than forty, acres on a single parcel of real property on which the residential improvement is located if it is zoned exclusively for residential purposes or contains legal restrictions or physical conditions that prevent the division of the parcel. For the purposes of this subdivision, "physical conditions" means topography, mountains, washes, rivers, roads or any other configuration that limits the residential usable land area. |
|---|
| 709 | 709 | | |
|---|
| 710 | 710 | | 2. Real and personal property and improvements to the property that are used solely as leased or rented property for residential purposes, that are not included in class one, two, three, six, seven or eight and that are valued at full cash value. |
|---|
| 711 | 711 | | |
|---|
| 712 | 712 | | 3. Child care facilities that are licensed under title 36, chapter 7.1 and that are valued at full cash value. |
|---|
| 713 | 713 | | |
|---|
| 714 | 714 | | 4. Real and personal property and improvements to property that are used to operate nonprofit residential housing facilities that are structured to house or care for persons with disabilities or who are sixty-two years of age or older and that are valued at full cash value. |
|---|
| 715 | 715 | | |
|---|
| 716 | 716 | | 5. Real and personal property and improvements that are used to operate licensed residential care institutions or licensed nursing care institutions that provide medical services, nursing services or health related health-related services and that are structured to house or care for persons with disabilities or who are sixty-two years of age or older and that are valued at full cash value. |
|---|
| 717 | 717 | | |
|---|
| 718 | 718 | | 6. Real and personal property consisting of no not more than eight rooms of residential property that are leased or rented to transient lodgers, together with furnishing no not more than a breakfast meal, by the owner who resides on the property and that is valued at full cash value. |
|---|
| 719 | 719 | | |
|---|
| 720 | 720 | | 7. Real and personal property consisting that consists of residential dwellings that are maintained for occupancy by agricultural employees as a condition of employment or as a convenience to the employer, that is not included in class three and that is valued at full cash value. The land associated with these dwellings shall be valued as agricultural land pursuant to chapter 13, article 3 of this title. |
|---|
| 721 | 721 | | |
|---|
| 722 | 722 | | 8. Real property and improvements to property constituting common areas that are valued pursuant to chapter 13, article 9 of this title. |
|---|
| 723 | 723 | | |
|---|
| 724 | 724 | | 9. Real and personal property that is defined as timeshare property by section 32-2197 and valued pursuant to chapter 13, article 10 of this title, except for any property used for commercial, industrial or transient occupancy purposes and included in class one to the extent of that use. |
|---|
| 725 | 725 | | |
|---|
| 726 | 726 | | 10. Real and personal property and improvements that are used for residential purposes and that are leased or rented to lodgers, except for: |
|---|
| 727 | 727 | | |
|---|
| 728 | 728 | | (a) Property occupied by the owner of the property as the owner's primary residence and included in class three. |
|---|
| 729 | 729 | | |
|---|
| 730 | 730 | | (b) Property used for commercial purposes and included in class one. |
|---|
| 731 | 731 | | |
|---|
| 732 | 732 | | 11. 1o. Low-income multifamily residential rental properties that are valued pursuant to chapter 13, article 13 of this title. |
|---|
| 733 | 733 | | |
|---|
| 734 | 734 | | B. Subsection A, paragraphs 4 and 5 of this section do not limit eligibility for exemption from taxation under chapter 11, article 3 of this title. END_STATUTE |
|---|
| 735 | 735 | | |
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| 736 | 736 | | Sec. 9. Section 42-12054, Arizona Revised Statutes, is amended to read: |
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| 737 | 737 | | |
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| 738 | 738 | | START_STATUTE42-12054. Change in classification of owner-occupied residence |
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| 739 | 739 | | |
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| 740 | 740 | | A. If a person purchases or converts property that is listed as class one pursuant to section 42-12001, paragraph 12, or 13 or 15, class two or class four pursuant to article 1 of this chapter and occupies the property as the person's primary residence, the person may have the classification reviewed for change to class three from the date of conversion and occupancy as a primary residence and may appeal from the decision resulting from the review in the same manner as provided by law for review of a valuation for ad valorem property taxes and appeal from that review. |
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| 741 | 741 | | |
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| 742 | 742 | | B. If a person purchases or converts property that is listed as class one pursuant to section 42-12001, paragraph 12, or 13 or 15, class two or class four pursuant to article 1 of this chapter and the property is occupied by a member of the owner's immediate family as described in section 42-12053, the person may have the classification reviewed for change to class three from the date of occupancy and may appeal the decision resulting from the review in the same manner as provided by law for review of a valuation for ad valorem property taxes and appeal from that review. |
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| 743 | 743 | | |
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| 744 | 744 | | C. If a person makes such a conversion or occupancy or appeals the classification after the county assessor has closed the rolls, the person may petition the county board of supervisors to change the classification and reduce the assessed valuation from the date of conversion or occupancy. |
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| 745 | 745 | | |
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| 746 | 746 | | D. The board of supervisors shall entertain the petition in the same manner as a board of equalization hears a request for reduction in valuation. |
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| 747 | 747 | | |
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| 748 | 748 | | E. The petitioner may appeal the board of supervisors' decision in the same manner as provided in section 42-16111, except that the petitioner shall file the notice of appeal within fifteen days after the board's finding. |
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| 749 | 749 | | |
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| 750 | 750 | | F. If the board of supervisors finds that the property is in fact being used for the owner's primary residence and should be listed as class three property, it the board shall change the classification on the roll and fix the assessed valuation from the date of occupancy. The amount of taxes that is assessed against the property shall be computed by applying the current tax rate to the original assessed valuation prorated for the portion of the tax year before the property was occupied plus the current tax rate applied to the reassessed value of the property prorated for the balance of the year. |
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| 751 | 751 | | |
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| 752 | 752 | | G. The board of supervisors shall notify the department, assessor and county treasurer of the change in classification, the change in assessed valuation and the amount of tax assessed. The department and the assessor may appeal any such decision in the same manner as provided in section 42-16111. The assessor and treasurer shall note the change on their records, and the treasurer may issue a future tax credit, endorsed by the board, to the person whose property is liable for the tax. The tax credit shall be used on the next or several succeeding property tax assessments that the person may owe thereafter. END_STATUTE |
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| 753 | 753 | | |
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| 754 | 754 | | Sec. 10. Section 42-12056, Arizona Revised Statutes, is amended to read: |
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| 755 | 755 | | |
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| 756 | 756 | | START_STATUTE42-12056. Renewable energy systems valuation; definition |
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| 757 | 757 | | |
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| 758 | 758 | | A. For properties that are subject to this chapter and that are class one as prescribed in section 42-12001, paragraph 15, class three as defined prescribed in section 42-12003 or class four as defined prescribed in section 42-12004, renewable energy systems and any other device or system designed primarily for the production of to produce renewable energy in which the majority of the energy is consumed on-site, are considered to add no value to the property. |
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| 759 | 759 | | |
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| 760 | 760 | | B. For the purposes of this section, "renewable energy systems" means electric generation systems and electric transmission and distribution systems that is are used or useful for the generation, storage, transmission generating, storing, transmitting or distribution of distributing electric power, energy or fuel derived from solar, wind or other nonpetroleum renewable sources, including materials and supplies. END_STATUTE |
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