AMENDING SECTIONS 20-2302, 43-1021, 43-1022, 43-1029 AND 43-1122, ARIZONA REVISED STATUTES; REPEALING SECTION 43-1028, ARIZONA REVISED STATUTES;
AMENDING TITLE 43, CHAPTER 10, ARTICLE 3, ARIZONA REVISED STATUTES, BY ADDING
A NEW SECTION 43-1028; RELATING TO INCOME TAX.
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 20-2302, Arizona Revised Statutes, is amended to read:
A. This article applies to any health benefits plan that provides coverage to eligible employees or dependents in this state and that is issued by an accountable health plan if:
1. Any portion of the premium or benefits is paid by or on behalf of the employer.
2. The eligible employee or dependent is reimbursed by or on behalf of the employer for any portion of the premium.
3. The health benefits plan is treated by the employer or any of the
eligible employees or dependents as part of a plan or program for the
purposes of section 106, 125
B. This article does not apply to any policy that is issued on an individual basis.
Sec. 2. Section 43-1021, Arizona Revised Statutes, is amended to read:
In computing Arizona adjusted gross income, the following amounts shall be added to Arizona gross income:
1. A beneficiary's share of trust or estate income includible under section 43-1344.
2. A beneficiary's share of trust or estate deductions allowable under the internal revenue code.
3. An amount equal to the "ordinary income portion" of a lump sum distribution that was excluded from federal adjusted gross income pursuant to section 402(e) of the internal revenue code.
4. The amount of interest income received on obligations of any state, territory or possession of the United States, or any political subdivision thereof, located outside the state of Arizona.
5. Annuity income received during the taxable year to the extent that the sum of the proceeds received from such annuity in all taxable years prior to and including the current taxable year exceeds the total consideration and premiums paid by the taxpayer. This paragraph applies only to those annuities with respect to which the first payment was received prior to December 31, 1978.
6. The excess of a partner's share of partnership taxable income required to be included under chapter 14, article 2 of this title over the income required to be reported under section 702(a)(8) of the internal revenue code.
7. The excess of a partner's share of partnership losses determined pursuant to section 702(a)(8) of the internal revenue code over the losses allowable under chapter 14, article 2 of this title.
8. The amount by which the adjusted basis of property described in this paragraph and computed pursuant to the internal revenue code exceeds the adjusted basis of such property computed pursuant to this title and the income tax act of 1954, as amended. This paragraph shall apply to all property which is held for the production of income and which is sold or otherwise disposed of during the taxable year, except depreciable property used in a trade or business.
9. The amount of depreciation or amortization of costs of any capital investment that is deducted pursuant to section 167 or 179 of the internal revenue code by a qualified defense contractor with respect to which an election is made to amortize pursuant to section 43-1024.
10. The amount of gain from the sale or other disposition of a capital investment which a qualified defense contractor has elected to amortize pursuant to section 43-1024.
11. The amount of depreciation or amortization of costs of child care facilities deducted pursuant to section 167 or 188 of the internal revenue code for which a credit is taken under section 43-1075, subsection A, paragraph 1.
12. Amounts withdrawn from the state retirement system, the corrections officer retirement plan, the public safety personnel retirement system, the elected officials' retirement plan or a county or city retirement plan by an employee upon termination of employment before retirement to the extent they were deducted in arriving at Arizona taxable income in any year.
13. That portion of the net operating loss included in federal adjusted gross income which has already been taken as a net operating loss for Arizona purposes.
14. Any nonitemized amount deducted pursuant to section 170 of the internal revenue code representing contributions to an educational institution which denies admission, enrollment or board and room accommodations on the basis of race, color or ethnic background except those institutions primarily established for the education of American Indians.
15. The amount of depreciation or amortization of costs of recycling equipment deducted pursuant to the internal revenue code for which an election is made pursuant to section 43-1076.
16. The amount paid as taxes on property in this state with respect to which a credit is claimed under section 43-1078.
18. Any amount of agricultural water conservation expenses that were deducted pursuant to the internal revenue code for which a credit is claimed under section 43-1084.
19. The amount by which the depreciation or amortization computed under the internal revenue code with respect to property for which a credit was taken under section 43-1080 exceeds the amount of depreciation or amortization computed pursuant to the internal revenue code on the Arizona adjusted basis of the property.
20. The amount by which the adjusted basis computed under the internal revenue code with respect to property for which a credit was claimed under section 43-1080 and which is sold or otherwise disposed of during the taxable year exceeds the adjusted basis of the property computed under section 43-1080.
21. The amount by which the depreciation or amortization computed under the internal revenue code with respect to property for which a credit was taken under section 43-1081 exceeds the amount of depreciation or amortization computed pursuant to the internal revenue code on the Arizona adjusted basis of the property.
22. The amount by which the adjusted basis computed under the internal revenue code with respect to property for which a credit was claimed under section 43-1081 and which is sold or otherwise disposed of during the taxable year exceeds the adjusted basis of the property computed under section 43-1081.
23. The deduction referred to in section 1341(a)(4) of the internal revenue code for restoration of a substantial amount held under a claim of right.
24. The amount by which a net operating loss carryover or capital loss carryover allowable pursuant to section 1341(b)(5) of the internal revenue code exceeds the net operating loss carryover or capital loss carryover allowable pursuant to section 43-1029, subsection F.
Sec. 3. Section 43-1022, Arizona Revised Statutes, is amended to read:
In computing Arizona adjusted gross income, the following amounts shall be subtracted from Arizona gross income:
1. The amount of exemptions allowed by section 43-1023.
2. Benefits, annuities and pensions in an amount totalling not more than two thousand five hundred dollars received from one or more of the following:
(a) The United States government service retirement and disability fund, retired or retainer pay of the uniformed services of the United States, the United States foreign service retirement and disability system and any other retirement system or plan established by federal law.
(b) The state retirement system, the state retirement plan, the corrections officer retirement plan, the public safety personnel retirement system, the elected officials' retirement plan, an optional retirement program established by the Arizona board of regents under section 15-1628 or a retirement plan established for employees of a county, city or town in this state.
3. A beneficiary's share of trust or estate income recognized pursuant to the internal revenue code.
4. The amount of any distributions from an individual retirement account as provided for in section 408 of the internal revenue code or from a qualified retirement plan of a self-employed individual as provided for in section 401 of the internal revenue code to the extent that total adjustments made pursuant to this paragraph in all tax years do not exceed the total of all contributions made by the taxpayer to such plans prior to December 31, 1975, which were included in computing Arizona taxable income.
5. The amount of income on an installment receivable which is recognized pursuant to the internal revenue code and which has already been recognized on the death of the taxpayer for purposes of this title for tax years ending before January 1, 1990.
6. Interest income received on obligations of the United States, less any interest on indebtedness, or other related expenses, and deducted in arriving at Arizona gross income, which were incurred or continued to purchase or carry such obligations.
7. The amount of any income tax refunds which were received from states other than Arizona and which were included as income in computing federal adjusted gross income.
8. Annuity income included in federal adjusted gross income pursuant to section 72 of the internal revenue code if the first payment with respect to such annuity was received prior to December 31, 1978.
9. The excess of a partner's share of income required to be included under section 702(a)(8) of the internal revenue code over the income required to be included under chapter 14, article 2 of this title.
10. The excess of a partner's share of partnership losses determined pursuant to chapter 14, article 2 of this title over the losses allowable under section 702(a)(8) of the internal revenue code.
11. The amount by which the adjusted basis of property described in this paragraph and computed pursuant to this title and the income tax act of 1954, as amended, exceeds the adjusted basis of such property computed pursuant to the internal revenue code. This paragraph shall apply to all property which is held for the production of income and which is sold or otherwise disposed of during the taxable year other than depreciable property used in a trade or business.
12. The amount allowed by section 43-1024 for amortization, by a qualified defense contractor certified by the department of commerce under section 41-1508, of a capital investment for private commercial activities.
13. The amount of gain included in federal adjusted gross income on the sale or other disposition of a capital investment that a qualified defense contractor has elected to amortize pursuant to section 43-1024.
14. The amount allowed by section 43-1025 for contributions during the taxable year of agricultural crops to charitable organizations.
15. The amount of prizes or winnings less than five thousand dollars in a single taxable year from any of the state lotteries established and operated pursuant to title 5, chapter 5, article 1, except that all such winnings before March 22, 1983, including periodic distributions from such winnings made after March 22, 1983, may be subtracted.
16. The amount of exploration expenses determined pursuant to section 617 of the internal revenue code which have been deferred in a taxable year ending before January 1, 1990 and for which a subtraction has not previously been made. The subtraction shall be made on a ratable basis as the units of produced ores or minerals discovered or explored as a result of this exploration are sold.
17. The amount included in federal adjusted gross income pursuant to section 86 of the internal revenue code, relating to taxation of social security and railroad retirement benefits.
18. To the extent not already excluded from Arizona gross income under section 112 of the internal revenue code, compensation received for active service as a member of the armed forces of the United States for any month during any part of which the member served in a combat zone as determined under section 112 of the internal revenue code or in an area given the same treatment as a combat zone for purposes of section 112 of the internal revenue code.
19. The amount of
20. The amount authorized by section 43-1026 for the taxable year for purchases of, and equipment relating to, alternative fuel vehicles.
21. The amount authorized by section 43-1027 for the taxable year for purchases of, and nonoptional equipment directly related to the operation of, qualified wood stoves, wood fireplaces or gas fired fireplaces.
22. With respect to
(a)
(i) The amount of contributions made by the
(ii) The amount deposited by the
(b) The
23. The amount by which a net operating loss carryover or capital loss carryover allowable pursuant to section 43-1029, subsection F exceeds the net operating loss carryover or capital loss carryover allowable pursuant to section 1341(b)(5) of the internal revenue code.
Sec. 4.
Section
Sec. 5. Title 43, chapter 10, article 3, Arizona Revised Statutes, is amended by adding a new section 43-1028, to read:
1. AN INDIVIDUAL MAY SUBTRACT AMOUNTS CONTRIBUTED TO A MEDICAL SAVINGS
ACCOUNT AS PROVIDED BY THIS SECTION TO THE EXTENT THAT THE CONTRIBUTIONS ARE
INCLUDED IN THE INDIVIDUAL'S FEDERAL ADJUSTED GROSS INCOME.
2. THE INDIVIDUAL'S EMPLOYER MAY SUBTRACT THE AMOUNT OF CONTRIBUTIONS
MADE BY THE EMPLOYER TO A MEDICAL SAVINGS ACCOUNT ESTABLISHED ON THE
INDIVIDUALS' BEHALF TO THE EXTENT THAT THE CONTRIBUTIONS ARE NOT DEDUCTIBLE
UNDER THE INTERNAL REVENUE CODE.
B. FOR PURPOSES OF THIS SECTION, THE MEDICAL SAVINGS ACCOUNT SHALL BE
ESTABLISHED AND MAINTAINED AS PROVIDED BY SECTION 220 OF THE INTERNAL REVENUE
CODE, EXCEPT THAT:
1. THE LIMITATIONS RELATING TO THE SIZE OF THE EMPLOYER UNDER SECTION
220(
2. THE LIMITATION RELATING TO THE NUMBER OF TAXPAYERS HAVING MEDICAL
SAVINGS ACCOUNTS UNDER SECTION 220
3. ON THE LAST BUSINESS DAY OF A CALENDAR YEAR AN INDIVIDUAL MAY
WITHDRAW MONIES FROM THE INDIVIDUAL'S MEDICAL SAVINGS ACCOUNT FOR PURPOSES
OTHER THAN PAYING MEDICAL EXPENSES WITHOUT INCURRING A WITHDRAWAL PENALTY.
IF AN INDIVIDUAL MAKES ANY OTHER WITHDRAWAL FROM A MEDICAL SAVINGS ACCOUNT
FOR PURPOSES OTHER THAN PAYING QUALIFIED MEDICAL EXPENSES, AS DEFINED IN
SECTION 213
C. THE TRUSTEE OF A MEDICAL SAVINGS ACCOUNT SHALL MAKE REPORTS
REGARDING THE ACCOUNT TO THE DEPARTMENT AND THE INDIVIDUAL WITH RESPECT TO
CONTRIBUTIONS, INCOME EARNED DURING THE TAXABLE YEAR, DISTRIBUTIONS AND OTHER
MATTERS AS THE DEPARTMENT MAY REQUIRE BY RULE. THE REPORT SHALL BE FILED
WITH THE DEPARTMENT AT THE TIME AND IN THE MANNER PRESCRIBED BY THE
DEPARTMENT AND FURNISHED TO THE INDIVIDUAL IN THE MANNER PRESCRIBED BY THE
DEPARTMENT ON OR BEFORE JANUARY 31 OF THE CALENDAR YEAR FOLLOWING THE
CALENDAR YEAR TO WHICH THE REPORT RELATES.
Sec. 6. Section 43-1029, Arizona Revised Statutes, is amended to read:
A. This section applies if:
1. An item of income was included in gross income for a prior taxable year or years because it appeared that the taxpayer had an unrestricted right to the item.
2. A deduction would be allowable under the internal revenue code or
this title for the taxable year, without application of section 1341(b)(3)
of the internal revenue code or section 43-1021, paragraph
3. The amount of the deduction exceeds three thousand dollars.
B. If all of the conditions in subsection A of this section apply, the tax imposed by this chapter for the taxable year is an amount equal to the tax for the taxable year computed without the deduction, minus the decrease in tax under this chapter for the prior taxable year or years that would result solely from excluding the item or portion of the item from gross income for the prior taxable year or years.
C. If the decrease in tax exceeds the tax imposed by this chapter for the taxable year, computed without the deduction, the excess is considered to be a payment of tax on the last day prescribed by law for the payment of tax for the taxable year and shall be refunded or credited in the same manner as if it were an overpayment for the taxable year.
D. Subsection B of this section does not apply to any deduction that is allowable with respect to an item that was included in gross income by reason of the sale or other disposition of stock in trade of the taxpayer, or other property of a kind that would properly have been included in the inventory of the taxpayer on hand at the close of the prior taxable year, or property that is held by the taxpayer primarily for sale to customers in the ordinary course of the taxpayer's trade or business. This subsection does not apply if the deduction arises out of refunds or repayments with respect to rates made by a regulated public utility that is listed in section 7701(a)(33)(A) through (H) of the internal revenue code, if the refunds or repayments are:
1. Required to be made by the government, political subdivision, agency or instrumentality referred to in that section.
2. Required to be made by an order of a court.
3. Made in settlement of litigation or under threat or imminence of litigation.
E. If the exclusion under subsection B of this section results in:
1. A net operating loss for the prior taxable year or years for purposes of computing the decrease in tax for the prior year or years under subsection B of this section:
(a) The loss shall be:
(i) Carried over under this chapter to the same extent and in the same manner as was provided under prior law for taxable years beginning on or before December 31, 1989.
(ii) Carried back and carried over to the same extent and in the same manner as provided under section 172 of the internal revenue code for taxable years beginning from and after December 31, 1989.
(b) No carryover beyond the taxable year may be taken into account.
2. A capital loss for the prior taxable year or years, for purposes of computing the decrease in tax for the prior taxable year or years under subsection B of this section:
(a) The loss shall be carried back and carried over to the same extent and in the same manner as is provided under section 1212 of the internal revenue code.
(b) No carryover beyond the taxable year may be taken into account.
F. In computing Arizona taxable income for taxable years subsequent to the current taxable year, the net operating loss or capital loss determined in subsection E of this section shall be taken into account to the same extent and in the same manner as a net operating loss or capital loss sustained for prior taxable years.
Sec. 7. Section 43-1122, Arizona Revised Statutes, is amended to read:
In computing Arizona taxable income for a corporation, the following amounts shall be subtracted from Arizona gross income:
1. The amounts computed pursuant to section 43-1022, paragraphs 8 through 14.
2. The amount of dividend income received from Arizona corporations as prescribed by section 43-1128.
3. The amount of Arizona capital loss carryover as defined in section 43-1124 in an amount not to exceed one thousand dollars.
4. Expenses and interest relating to tax-exempt income disallowed pursuant to section 265 of the internal revenue code.
5. Dividends received from another corporation owned or controlled directly or indirectly by a recipient corporation. "Control" for purposes of this paragraph means direct or indirect ownership or control of fifty per cent or more of the voting stock of the payor corporation by the recipient corporation. Dividends shall have the meaning provided in section 316 of the internal revenue code. This subtraction shall apply without regard to the provisions of section 43-961, paragraph 2 and article 4 of this chapter. A corporation that has its commercial domicile, as defined in section 43-1131, in this state may subtract the full amount of the dividends. A corporation that does not have its commercial domicile in this state may subtract:
(a) For its taxable year beginning in 1990, an amount equal to one-half of the dividends.
(b) For taxable years beginning in 1991 and thereafter, the full amount of the dividends.
6. Interest income received on obligations of the United States.
7. The amount of dividend income from foreign corporations.
8. The amount of net operating loss allowed by section 43-1123.
9. The amount of any income tax refunds received from states other than Arizona which were included as income in computing federal taxable income.
10. The amount of expense recapture included in income pursuant to section 617 of the internal revenue code for mine exploration expenses.
11. The amount of deferred exploration expenses allowed by section 43-1127.
12. The amount of exploration expenses related to the exploration of oil, gas or geothermal resources, computed in the same manner and on the same basis as a deduction for mine exploration pursuant to section 617 of the internal revenue code. This computation is subject to the adjustments contained in section 43-1121, paragraph 8 and paragraphs 10 and 11 of this section relating to exploration expenses.
13. The amortization of pollution control devices allowed by section 43-1129.
14. The amount of amortization of the cost of child care facilities pursuant to section 43-1130.
15. The amount of income from a domestic international sales corporation required to be included in the income of its shareholders pursuant to section 995 of the internal revenue code.
16. The amount authorized by section 43-1128.01 for the taxable year for purchases of, and equipment relating to, alternative fuel vehicles.
17. The income of an insurance company that is exempt under section 43-1201 to the extent that it is included in computing Arizona gross income on a consolidated return pursuant to section 43-947.
18. The amount of contributions by the taxpayer during the taxable year
to
19. The amount by which a capital loss carryover allowable pursuant to section 43-1130.01, subsection F exceeds the capital loss carryover allowable pursuant to section 1341(b)(5) of the internal revenue code.
Sec. 8.
This act applies retroactively to taxable years beginning from and after December 31, 1996.
APPROVED BY THE GOVERNOR APRIL 24, 1997.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 25, 1997.
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