ARIZONA STATE SENATE
Phoenix, Arizona
FINAL
REVISED
direct use tax payments
Allows businesses that buy at least $500,000 worth of tangible personal property annually to pay use tax directly to the Department of Revenue (DOR).
Use tax is imposed upon the purchaser of tangible personal property that is used, stored, or consumed in Arizona when the sale was not subject to the transaction privilege tax (TPT). Out-of-state vendors or utility businesses selling tangible personal property to Arizona purchasers are required to register with DOR for the collection of the use tax. If an out-of-state vendor is not registered with DOR to collect the use tax, the purchaser is required to register with DOR to collect the use tax.
Purchasers that are subject to TPT file their use tax obligation monthly with their TPT tax returns. Purchasers that are not subject to TPT, but owe use tax, apply for a use tax license and pay use tax on a monthly, quarterly or annual basis. According to DOR, it is unclear whether taxes collected by an out-of-state vendor are sent back to Arizona or remitted to the vendor’s home state.
H.B. 2300 allows liable purchasers 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 taxes owed.
DOR states there is no fiscal impact associated with this measure. However, Joint Legislative Budget Committee staff indicates that it is possible that this bill could result in an undetermined increase in use tax revenues through greater compliance and easier enforcement. It is unlikely, though, that there would be a substantial increase in use tax revenue as this measure would only impact large business use taxpayers, who generally comply with existing law.
1. Allows purchasers that buy at least $500,000 worth of tangible personal property annually to pay use tax to DOR.
2. Requires a purchaser to apply for a permit and agree to self-assess use tax liability.
3. Requires DOR to issue a use tax permit to persons who meet the requirements.
4. Allows DOR to require a bond, if necessary, for persons who apply for a direct use payment permit.
5. Allows a use tax permit holder to issue a DOR prescribed certificate to any retailer until a holder's permit is withdrawn or revoked.
6. Shifts the transaction responsibility of paying use tax from the retailer to the permit holder when a certificate is given to the retailer.
7. Stipulates that the permit holder is liable for all use tax and related interest and penalties.
8. Allows DOR to publicly disclose the name and taxpayer identification number of those taxpayers who have been issued a direct use tax payment permit and to post this information on its web site.
9. Becomes effective on January 1, 2003.
Amendment Adopted by Conference Committee
· Makes a technical change.
WM 2/12/02 DPA 6-0-0-4 FIN 4/5/02 DP 7-0-1-0
3rd Read 4/04/02 54-0-6-0 3rd Read 4/25/02 28-0-2-0
Final Read 5/21/02 47-0-13-0 Final Read 5/22/02 27-0-3-0
Signed by Governor 6/4/02
Chapter 338
Prepared by Senate Staff
June 11, 2002