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REFERENCE TITLE: use tax declaration; repeal.. |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HB 2623 |
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Introduced by Representatives Lesko: Olson, Pierce, Senator Murphy
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AN ACT
amending sections 42‑5162 and 43-321, Arizona Revised Statutes; Repealing section 42-5169, Arizona Revised Statutes; relating to use tax reports.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 42-5162, Arizona Revised Statutes, is amended to read:
42-5162. Monthly return; time for payment; extension of time; quarterly payment
A. Except as provided in section 42‑5169, Every retailer engaged in the business of making sales of tangible personal property the use, storage or consumption of which is subject to the tax imposed by this article, and every person who purchases for use, storage or consumption any such property for which the tax is not paid to the retailer, shall file a return with the department on or before the twentieth day of the month next succeeding the month in which the tax accrues. The return shall be on a form prescribed by the department and shall show the tangible personal property sold for use, storage or consumption or purchased for use, storage or consumption within the state during the preceding calendar month. Such return shall be verified by oath or affirmation of the retailer or person making the report, or his agent, and shall be accompanied by payment of the tax shown to be due. The return and tax are delinquent if not postmarked on or before the twenty-fifth day of the month when due or if not received by the department on or before the business day preceding the last business day of that month for those taxpayers electing to file by mail, or are delinquent if not received by the department on the business day preceding the last business day of the month when due for those taxpayers electing to file in person.
B. The department may, for any taxpayer whose estimated annual liability for taxes imposed by this article is between five hundred and one thousand two hundred fifty dollars, may authorize such taxpayer to pay such taxes on a quarterly basis. The department may, for any taxpayer whose estimated annual liability for taxes imposed by this article is five hundred dollars or less, may authorize such taxpayer to pay such taxes on an annual basis.
C. For good cause shown the department may extend the time for making a return and paying the tax, but the time for filing the return shall not be extended beyond the first day of the third month next succeeding the regular due date of the return.
Sec. 2. Repeal
Section 42-5169, Arizona Revised Statutes, is repealed.
Sec. 3. Section 43-321, Arizona Revised Statutes, is amended to read:
43-321. Information required in returns
Each return required to be filed under this title shall contain the following:
1. It shall contain or be verified by a declaration that it is made under penalties of perjury. The declaration shall be written or in a form prescribed by the department pursuant to section 42‑1105, subsection B.
2. A specific statement of the items of the taxpayer's gross income and the adjustments, deductions and credits allowed by this title.
3. A specific statement of the taxpayer's use tax liability pursuant to section 42‑5169.
4. 3. Such other information as the department may by rule prescribe for the purpose of carrying out the provisions of this title.
Sec. 4. Retroactivity
This act is effective retroactively to July 20, 2011.