House of Representatives

HB 2254

state healthcare contracts; rates

Sponsors: Representatives Knaperek, Blendu, Sen. Solomon

 

X

Committee on Appropriations

 

Caucus and COW

 

 

As Passed the House

 

HB 2254 sets employee health care insurance copayment rates at five dollars for single coverage and seventy-five dollars for family coverage. 

 

There is a proposed strike-everything amendment in the Appropriations Committee which provides a transaction privilege tax and use tax exemption for sales by nonprofit organizations at cultural and civic events.

 

Background for proposed strike-everything amendment

Arizona imposes a transaction privilege (sales) tax on a several types of taxable activities.  The most common activity is the retail classification, however, the tax also applies under such activities as amusements and restaurants. 

 

Current law allows exemptions from the amusement and restaurant classifications for certain events or activities sponsored by nonprofit organizations if no part of the net income from these activities is for the benefit of any private shareholder or individual.  Some of the current exemptions from the amusement classification include religious events, events by the state fair board, cactus league games, rodeos and activities by a musical or dance group, museums or zoos.   Under the restaurant classification, exemptions are made for churches, fraternal organizations, veterans organizations, and nonprofits selling food and beverage items at certain exempted activities.

 

The proposed strike-everything amendment would expand these exemptions to include sales of items under the retail classification for nonprofit organizations at cultural or civic related festivals or events.  An exemption is also provided under the amusement classification.  The exemptions are retroactive to 1983 tax year.

 

The bill also allows for refunds for any tax paid on these items to date.  The refund provisions are limited to $10,000 for all taxpayers.  If total refund amount requests exceed $10,000, then DOR will prorate the refunds so that the total of all refunds are limited to $10,000.

 

The Mill Avenue Merchants Association (MAMA) is a nonprofit organization that is exempt under 501(c)(6) of the Internal Revenue Code (IRC). MAMA has put on a number of cultural and civic related festivals and events over the last twenty years to raise funds to support it’s non- profit operations and provide funding to other nonprofit and civic organizations.  

 

DOR conducted a tpt audit of MAMA and imposed sales tax on the revenue generated from its fundraising activities.  Specifically, DOR imposed the tpt on its sales of commemorative event tee shirts and gate receipts, however, it did grant exemptions under the current restaurant classification.  DOR conducted the audit in 1993 and made the assessment for the period from January 1983 through May 1993.  Taxes were abated under the restaurant classification.

 

Provisions of the strike-everything amendment

·                      Provides a transaction privilege (sales) and use tax exemption under the retail classification for the sales of tangible personal property by a nonprofit organization that is exempt under section 501(c)(6) of the IRC if the nonprofit organization produces, organizes or promotes cultural or civic related festivals or events.  No part of the earnings can benefit any private shareholder or individual.

·                      Provides a transaction privilege (sales) exemption under the amusement classification for activities and fees received by a nonprofit organization that is exemption under 502(c)(6) of the IRC if the nonprofit organizes or promotes cultural or civic related festivals or events. No part of the earnings can benefit any private shareholder or individual.

·                      Provides that the exemption is retroactive to taxable periods beginning in 1983.

·                      Claims for refunds must be submitted to DOR by December 31, 2001.  Failure to do so constitutes a waiver of the claim for refund.

·                      The burden of the refund amount is on the taxpayer.  DOR must review all refund claims and notify the taxpayer of its determination.

·                      DOR will not issue any refunds until after a final determination has been made as to the total of all refund claims under this section.  The total amount of all refunds is limited to $10,000.  If refunds exceed this amount, DOR will reduce each claim proportionately to limit the total to $10,000.  No interest will be paid on these amounts, unless DOR does not issue a refund until after June 30, 2002.

·                      The act is nonseverable.

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·                      45th Legislature                                                                                                                       

·                      First Regular Session                           2                                                          March 12, 2001

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