Arizona 2023 2023 Regular Session

Arizona Senate Bill SB1184 Comm Sub / Analysis

Filed 02/17/2023

                      	HB 2067 
Initials VP 	Page 1 	Transmitted 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
First Regular Session 
Senate: COM DP 4-3-0-0 | 3
rd
 Read 16-14-0-0 
House: 3
rd
 Read 32-28-0-0 
 
SB1184: municipal tax exemption; residential leases (Substituted for HB2067) 
Sponsor: Senator Kaiser, LD 15 
Transmitted to the Governor 
Overview 
Prohibits municipalities from levying municipal tax on the business of renting or leasing real 
property for residential purposes effective January 1, 2024. 
History 
Residential rental is the rental of real property for a period of 30 or more consecutive days for 
residential purposes only. Residential rental properties are subject to transaction privilege tax and 
imposed when engaged in business under the residential rental classification by the Model City 
Tax Code. Some cities, not all, opt to tax residential rental income under Section 445 of the Model 
City Tax Code. 
Provisions 
1. Prohibits a city or town from levying a tax on the business of renting or leasing property for 
residential purposes. (Sec. 1) 
2. Prohibits a county from levying a tax on the business of renting or leasing property for 
residential purposes. (Sec. 2)  
3. Requires that a landlord affected by the elimination of TPT in a city or town that levies TPT on 
the business of residential rentals to reduce the rent amount by an amount equal to the 
difference caused by the elimination of the tax by January 1, 2024 and repeals this 
requirement effective January 1, 2026.  (Sec. 4, 5) 
4. Stipulates that revenues collected from remote sellers must be accounted for separately when 
depositing TPT revenues into the GF. (Sec. 6)  
5. Requires municipalities to use monies from remote seller revenues for public safety before 
any other municipal purpose. (Sec. 6) 
6. Prohibits, as of January 1, 2024 a city, town or other taxing jurisdiction from levying a 
transaction privilege, sales, gross receipts, use, franchise or other similar tax on the business 
of renting or leasing residential property for residential purposes and repeals the statute that 
allows that taxation to occur. (Sec. 7, 8) 
7. Excludes health care facilities, long term care facilities, hotels or other transient lodging 
businesses. (Sec. 7) 
8. States that the tax prohibitions apply regardless of whether the city or town has adopted the 
Model City Tax Code. (Sec. 7) 
9. Strikes the ability for cities or towns to fine or penalize a lessor for not paying TPT on 
residential rent. (Sec. 9) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☒ Fiscal Note    	HB 2067 
Initials VP 	Page 2 	Transmitted 
10. Directs the county treasurer to distribute $14,965,600 each month from the portion of TPT 
revenues to cities and towns that levied a residential rental TPT based on the city's or town's 
average monthly TPT collections. (Sec. 11)  
11. Contains a statement of legislative intent. (Sec. 12) 
12. Makes technical and conforming changes. (Sec. 1, 2, 3, 6, 7, 9)