House of Representatives

HB 2300

direct use tax payments

Sponsor: Rep. May

 

DPA

Committee on Ways and Means

DPA

Caucus and COW

X

Third Read

 

 

As Passed the House

 

HB 2300 would allow businesses that buy at least $500,000 worth of tangible personal property annually to pay their use taxes directly to the Department of Revenue (DOR).

 

Current Status

HB 2300 was amended in the Ways and Means to allow DOR to disclose and post online permit holders, require bonds from permit applicants, removes municipality provisions, clarifies that purchasers are liable for use taxes, interest, and penalties when their permit is accepted in good faith, and adds an effective date of January 1, 2003.  The Committee of the Whole adopted the Ways and Means amendment.

 

History

Currently, businesses that are subject to TPT file their use tax obligation monthly with their TPT tax returns.  Several businesses that are not subject to TPT (i.e., services like dry cleaners and hair dressers), but that do owe use taxes, apply for a use tax license and pay use taxes on a monthly, quarterly, or annual basis.  Additionally, it is unclear that if taxes are paid on a purchase from an out-of-state vendor, whether the taxes collected by the vendor are sent back to Arizona or remitted to the vendor’s home state.

 

HB 2300 would allow businesses that spend at least $500,000 on tangible personal property annually to apply for a direct use tax payment permit.  The permit would clarify to out-of-state vendors that in-state purchasers accept the responsibility of paying owed use taxes to DOR.

 

 

Provisions

·          Allows businesses that spend at least $500,000 on tangible personal property annually to pay use taxes directly to DOR with a direct payment permit.

·          Requires businesses with a direct payment permit to self-assess and pay use taxes directly to DOR for all tangible personal property subject to use tax.

·          Requires DOR to issue direct payment permits to applicants that fit the necessary criteria.

·          Allows valid direct payment permit holders to issue use tax direct payment certificates to retailers, shifting the responsibility of paying use taxes to the permit holders for that transaction.

·          Requires cities and town to allow taxpayers to pay use taxes directly using the above procedures.

·          Makes technical changes.

 

Amendments

HB 2300 was amended in the Ways and Means Committee as follows:

·          Allows DOR to publicly disclose the name and taxpayer ID number of those who have been issued direct use tax payment permits.  Also allows DOR to publish this information on their web site.

·          Allows DOR to require a bond, if necessary, for persons who apply for a direct use payment permit.

·          Clarifies that if a purchaser gives a vendor a direct use tax payment permit in good faith and the vendor accepts the permit, then the purchaser is responsible for any use tax, penalties and interest. 

·          Removes provisions relating to municipalities.

·          Adds an effective date of January 1, 2003.

The Ways and Means amendment was adopted in Committee of the Whole.

 

 

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45th Legislature                    

Second Regular Session        2          April 1, 2002

 

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