Arizona 2024 2024 Regular Session

Arizona House Bill HB2382 Comm Sub / Analysis

Filed 04/05/2024

                      	HB 2382 
Initials VP 	Page 1 	Transmitted to the Governor 
 
ARIZONA HOUSE OF REPRESENTATIVES 
Fifty-sixth Legislature 
Second Regular Session 
House: WM DPA 8-1-0-1 | 3
rd
 Read 55-0-4-0-1 | FINAL 57-1-2-0-0 
Senate: FICO DPA 4-0-3-0 | 3
rd
 Read 26-1-3-0-0 
 
HB 2382: TPT; sourcing; validation 
Sponsor: Representative Carter, LD 15 
Transmitted to the Governor 
Overview 
 Requires the Department of Revenue (DOR), by January 1, 2026, to establish a process for a 
third-party provider that offers sourcing services to taxpayers for transactions involving 
tangible personal property. Outlines how liability is determined for sourcing errors. 
History 
Current law provides for the licensing, renewal and revocation of state and municipal TPT 
licenses but excludes any taxpayer assistance (A.R.S. § 42-5005). 
Provides that retail sales of tangible personal property be sourced to the seller's business 
location if the seller receives the order at a business location in Arizona (A.R.S. § 42-5040). 
Provisions 
1. Requires DOR, on or before January 1, 2026, to establish a process for a third-party 
provider that offers sourcing services to become certified in Arizona. (Sec. 1) 
2. Requires a certified third-party service provider to meet all requirements established by 
DOR. (Sec. 1) 
3. Requires the director of DOR (Director) to: 
a) supervise and regulate certified third-party providers; 
b) establish minimum standards for certification and a quality assurance program; 
c) post a list of the certified third-party service providers on the DOR website; and 
d) adopt rules to administer and enforce this section of law. (Sec. 1) 
4. Allows the Director to investigate and audit certified third-party service providers and to 
require them, their employees or agents to be certified by DOR. (Sec. 1) 
5. Allows a person to apply to be a certified third-party service provider on a form prescribed 
by DOR that includes specific minimum required information. (Sec. 1) 
6. Allows a taxpayer to use a certified third-party service provider to assist in sourcing 
transactions. (Sec. 1) 
7. States that a taxpayer that uses a certified third-party service provider for sourcing of 
transactions involving tangible personal property is not liable for incorrectly reporting 
the correct amount of tax due to an error in sourcing the transaction. (Sec. 1) 
8. Establishes that a certified third-party service provider is liable for the correct amount of 
tax that the taxpayer failed to pay if the failure was due to a sourcing issue unless the 
error was due to incorrect information received from DOR. (Sec. 1) 
☐ Prop 105 (45 votes)     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes) ☐ Fiscal Note