Arizona 2022 2022 Regular Session

Arizona Senate Bill SB1372 Comm Sub / Analysis

Filed 04/05/2022

                      	SB 1372 
Initials VP/ES 	Page 1 	Transmitted 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-fifth Legislature 
Second Regular Session 
Senate: FIN DPA 8-2-0-0 | 3rd Read 18-10-2-0 
House: WM DP 6-3-0-1 | 3rd Read 38-20-2-0  
 
SB 1372: TPT; exemptions; motor vehicles; nonresidents 
Sponsor: Senator Pace, LD  25 
Transmitted to the Governor 
Overview 
Exempts the gross proceeds of sales or gross income derived from the sale of vehicles, trailers 
or semitrailers to a nonresident for use outside of the state from Transaction Privilege Tax (TPT) 
and municipal tax. Outlines the qualifications for an eligible vehicle, trailer or semitrailer.  
History 
The TPT retail classification is comprised of the business of selling tangible personal property at 
retail. The tax base for the retail classification is the gross proceeds of sales or gross income 
derived from these businesses. Currently, there are two TPT exemptions for: 
1) Sales of motor vehicles to nonresidents of the state for use outside of this state if the motor 
vehicle dealer ships or delivers the motor vehicle to a destination outside of the state; and 
2) Sales of motor vehicles to nonresidents of the state for use outside of the state if the motor 
vehicle is sold at auction and is shipped or delivered to a destination outside of the state 
(A.R.S. § 42-5061.A.14, 44). 
A municipality may levy TPT on the gross proceeds of sales or gross income deriving from the 
sale of a motor vehicle to a nonresident of the state if: 
1) Their state of residence does not allow a use tax exemption; and 
2) They have secured a special ninety-day nonresident registration permit. 
Municipalities may not levy this TPT if the nonresident takes possession of the vehicle outside of 
the state (A.R.S. § 42-6017). 
Provisions 
1. Exempts from TPT the gross proceeds of sales or gross income derived from the sale of a 
vehicle, trailer or semitrailer to a nonresident for use outside of the state, so long as the 
vehicle, trailer or semitrailer: 
a) Has a gross weight of over 10,000 pounds; 
b) Is used or maintained to transport property in the furtherance of interstate commerce; and 
c) Meets statute's definition of a commercial motor vehicle. (Sec. 2, 3) 
2. Exempts from municipal tax the sale of a vehicle, trailer or semitrailer to nonresidents for use 
outside of the state, so long as the vehicle, trailer or semitrailer: 
a) Has a gross weight of over 10,000 pounds; 
b) Is used or maintained to transport property in the furtherance of interstate commerce; and 
c) Meets the statutory definition of a commercial motor vehicle. (Sec. 4, 5) 
3. Applies to taxable periods beginning on or after the first day of the month following the general 
effective date. (Sec. 6) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☒ Fiscal Note    	SB 1372 
Initials VP/ES 	Page 2 	Transmitted 
4. Contains a conditional enactment clause. (Sec. 7) 
5. Makes technical and conforming changes (Sec. 1, 2, 3, 4, 5)