Arizona 2022 2022 Regular Session

Arizona Senate Bill SB1579 Comm Sub / Analysis

Filed 02/10/2022

                    Assigned to FIN 	AS PASSED BY COMMITTEE 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Fifth Legislature, First Regular Session 
 
AMENDED 
FACT SHEET FOR S.B. 1579 
 
tax corrections act of 2022 
Purpose 
Corrects errors and obsolete language, addresses blending problems and provides 
clarifying changes to tax statutes. 
Background 
The Arizona Department of Revenue (ADOR) and Legislative Council review the tax 
statutes for errors, obsolete language and blending problems. These recommendations are then 
compiled into an annual bill.  
Current statute requires ADOR to include the repeal of an individual or corporate income tax 
credit that has not been used for four years in the annual Tax Corrections Act (A.R.S. § 43-224). 
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation. 
Provisions 
Tax Credits 
1. Repeals the following tax credits and removes the credits from the income tax credit review 
schedule: 
a) the individual Credit for Pollution Control Equipment; 
b) the corporate Credit for Construction Costs of Qualified Environmental Technology 
Facility; and 
c) the corporate Credit for Employment by a Healthy Forest Enterprise.  
2. Specifies that the repeal of the tax credits does not affect the continuing validity of any amount 
of the credit carried forward from previous taxable years for application against tax liabilities. 
3. Prohibits partners in a partnership that is not a corporation from claiming a share of the 
corporate Credit for Pollution Control Equipment.  
Credit for Entity-Level Income Tax 
(Retroactive to January 1, 2022) 
4. Establishes the corporate Credit for Entity-Level Income Tax, allowed against corporate 
income tax for a taxpayer who is a partner in a partnership or a shareholder of an S corporation 
that has elected to pay the entity-level tax.   FACT SHEET – Amended  
S.B. 1579 
Page 2 
 
 
5. Specifies that the amount of the individual Credit for Entity-Level Income Tax paid by the 
partnership or S corporation that is attributable to the partner or shareholder's share of income 
taxable in Arizona.  
6. Requires the estate or trust and its noncorporate beneficiaries to apportion the Credit for Entity-
Level Income Tax in the same proportion as their respective shares of the federal distributable 
net income of the estate or trust from the partnership or S corporation.  
7. Requires noncorporate beneficiaries to treat their share of the corporate Credit for Entity-Level 
Income Tax as an individual Credit for Entity-Level Income Tax. 
8. Allows the corporate Credit for Entity-Level Income Tax to be carried forward for no more 
than five consecutive TYs, if the allowable credit exceeds the taxes due or if there are no taxes 
due. 
9. Specifies that the taxable income of an S corporation who has elected to pay the entity-level 
tax is the total of all distributive income passed through to the shareholders. 
10. Clarifies that the entity-level election applies to a partner or shareholder who is an individual, 
estate or trust that waived the right to opt out of the election. 
ADOR Administration  
11. Includes, as a form of written authorization allowing ADOR to disclose personal income tax 
information to a taxpayer's designee, a taxpayer's Arizona small business income tax return. 
12. Allows a taxpayer's confidential information to be disclosed to the Arizona Department of 
Agriculture to ascertain agriculture licensure compliance.  
Income Tax  
13. Prohibits a taxpayer who elects to file an Arizona small business income tax return from 
making individual income tax additions or subtractions on their individual income tax return 
for amounts that are correctly made as additions or subtractions on their Arizona small business 
income tax return. 
14. Includes, in determining a taxpayer's Arizona adjusted gross income (AGI) for the Family 
Income Tax Credit, the amount of any net long-term capital gain included in federal AGI.  
15. Delays, from January 1, 2021, until January 1, 2022, retroactive to January 1, 2022, ADOR's 
annual adjustment of the income dollar amount for the tax rate brackets of estates and trusts.  
Miscellaneous  
16. Includes a fantasy sports contest operator and an event wagering operator in the entities 
required to deduct and withhold federal withholding tax from each payment of prize winnings. 
   FACT SHEET – Amended  
S.B. 1579 
Page 3 
 
 
17. Reinserts electric transmission or distribution systems to the centrally assessed property for 
which ADOR must annually determine the valuation. 
18. Makes technical and conforming changes.  
19. Becomes effective on the general effective date, with retroactive provisions as noted.  
Amendments Adopted by Committee 
1. Adds electric transmission and distribution systems to the annual determination of centrally 
assessed property. 
2. Makes technical changes.  
Senate Action 
FIN  2/9/22  DPA  9-1-0 
Prepared by Senate Research 
February 10, 2022 
MG/slp