ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
tax court;
direct appeals
(NOW: taxes; administrative procedure)
Transfers the transaction privilege and use tax appeals to the Department of Revenue from the Office of Administrative Hearings.
The appeals process for property tax, income tax and transaction privilege tax disputes differ under Arizona statute. Property tax disputes are currently either brought before the tax court or are placed in an administrative appeals process. Individual income tax disputes must first be appealed to the Director of the Department of Revenue (DOR). The Director’s decision may either be appealed to the State Board of Tax Appeals (BOTA) or to tax court (appeals of the Director’s decision in individual income tax disputes of less than $5,000 must first be appealed to BOTA before they may be appealed to tax court). Transaction privilege and use tax disputes are currently appealed through the Office of Administrative Hearings (OAH). If a decision of OAH is appealed, it must be appealed to DOR, then to BOTA before an appeal is made to tax court.
H.B. 2244 transfers administrative appeals for transaction privilege and use tax from OAH to DOR. An appeal of DOR’s decision may then be appealed to either BOTA or directly to tax court.
According to DOR, there is no anticipated fiscal impact to the state general fund associated with this bill.
1. Exempts all contested cases with or appealable agency actions of DOR from the application of administrative procedural rules except for specified cases regarding unclaimed property
2. Removes statutory references to cases heard by OAH regarding taxes.
3.
Restores DOR’s exemption from the application of the uniform
administrative appeals procedures regarding the notice of appealable agency
actions, hearings, informal settlement conferences, final administrative
decisions and rehearing or review of such decisions.
4. Removes DOR’s ability to disclose confidential information to OAH relating to taxes.
5. Requires that all taxes levied and assessed against property for the year on which an appeal has been filed be paid by the property owner before they become delinquent.
6. Provides exceptions to the tax court’s authority to dismiss an appeal if the taxes become delinquent if either of the following occurs:
a) The full year tax for the year is paid on or before December 31 of the tax year.
b) The remaining one-half tax that is unpaid is delinquent after the immediately following May 1 is paid by July 1, including interest due.
7. Requires the budgets and full‑time employees for OAH and DOR to be adjusted to account for the transfer of duties and responsibilities from OAH to DOR.
8. Requires the Directors of DOR and OAH to coordinate the docketing of tax cases to implement the transfer of duties and responsibilities from OAH to DOR.
9. Makes conforming changes.
10. Provides for a general effective date.
Amendments Adopted by Finance Committee
1. Restores DOR's exemption from the application of the uniform administrative appeals procedures regarding the notice of appealable agency actions, hearings, informal settlement conferences, final administrative hearings and rehearings or review of such cases.
2. Exempts all contested cases with or appealable agency actions of DOR from the application of administrative procedural rules except in specified cases regarding unclaimed property.
3. Makes a conforming change.
WM 3/26/02 DPA/SE 8-0-0-2-0 FIN 4/15/02 DPA 7-0-1-0
3rd Read 4/8/02 43-7-10-0 COM 4/24/02 DPA 6-0-0-0
Prepared by Senate Staff
April 26, 2002