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REFERENCE TITLE: sales tax credit; tribal taxes |
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State of Arizona Senate Fiftieth Legislature Second Regular Session 2012
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SB 1270 |
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Introduced by Senator Jackson; Representative Hale: Senators Cajero Bedford, Lopez, Lujan
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AN ACT
Amending title 42, chapter 5, article 1, Arizona Revised Statutes, by adding section 42-5015; relating to transaction privilege tax.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 42, chapter 5, article 1, Arizona Revised Statutes, is amended by adding section 42-5015, to read:
42-5015. Credit for taxes paid to Indian tribe; applicability; definition
A. A credit is allowed against the taxes imposed by this article in the amount of taxes levied by an Indian tribe on the same tax base, and paid by the taxpayer to the tribe during the same taxable period, as the taxes imposed by this article. To qualify for the credit the tribal tax must be levied on the gross proceeds of sales or gross income from the business conducted in this state. The amount of the credit shall not exceed the amount of the taxes due under this article for the taxable period.
B. The taxpayer must claim the credit for each taxable period in the manner prescribed by the department, which may be incorporated in the return form prescribed by section 42-5014. A claim for credit is not allowed if the taxpayer fails to pay the tax due under this article before the payment becomes delinquent.
C. This section does not apply to the gross proceeds of sales or gross income from a business that is located within an Indian gaming facility, the construction of an Indian gaming facility or the business of mining, quarrying or producing for sale, profit or commercial use any nonmetalliferous mineral product that has been mined, quarried or otherwise extracted within the boundaries of this state as described in article I, section 1, Constitution of Arizona.
D. For the purposes of this section, "tribe" includes any federally recognized tribe, nation, band or community of Indians that levy taxes on the gross proceeds of sales or gross income from business conducted in this state.