HomeMy WebLinkAboutOrdinance 91.03 Amending the tax code relating to privilege license taxORDINANCE NO. 91.03
AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, RELATING TO THE PRIVILEGE lICENSE TAX;
ADOPTING AN AMENDMENT TO THE TOWN TAX CODE OF THE TOWN OF MARANA, ARIZONA TO
EXEMPT FROM TAXATION RENTAL OF CERTAIN TANGIBLE PERSONAL PROPERTY INCLUDING COIN-
OPERATED WASHING, DRYING, CAR WASH AND DRY CLEANING MACHINES AS SET FORTH iN THE
MODEL CITY TAX CODE; PROVIDING FOR SEVERABILITY AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA:
Section 1: Section 1-450 of the town tax code is amended to read:
Section 1-450. Rental, leasing, and licensing for use of tangible personal property.
(a)
The tax rate shall be at an amount equal to two percent (2%) of the gross income from the
business activity upon every person engaging or continuing in the business of leasing, licensing
for use, or renting tangible personal property for a consideration, including that which is semi-
permanently or permanently installed within the Town as provided by Regulation.
(b)
Special provisions relatin(~ to Iona-term motor vehicle leases. A lease transaction involving a
motor vehicle for a minimum period of twenty-four (24) months shall be considered to have
occurred at the location of the motor vehicle dealership, rather than the location of the place
of business of the lessor, even if the lessor's interest in the lease and its proceeds are sold,
transferred, or otherwise assigned to a lease financing institution; provided further that the city
or town where such motor vehicle dealership is located levies a Privilege Tax or an equivalent
excise tax upon the transaction.
(c) Gross income derived from the following transactions shall be exempt from Privilege Taxes
imposed by this Section:
(1) rental, leasing, or licensing for use of tangible personal property to persons engaged
or continuing in the business of leasing, licensing for use, or rental of such property.
(2) rental, leasing, or licensing for use of tangible personal property that is seml.permanenUy
or permanently installed within another city or town that levies an equivalent excise tax
on the transaction.
(3) rental, leasing, or licensing for use of film, tape, or slides to a theater or other person
taxed under Section 1-410, or to a radio station, television station, or subscription
television system.
(4) rental, leasing, or licensing for use of the following:
(A) prosthetics.
lB) income-producing capital equipment.
(C) mining and metallurgical supplies.
(5) rental, leasing, or licensing for use of tangible personal property to any nonprofit primary
health care facility, except when the property so rented, leased, or licensed is for use
in activities resuiting in gross income from unrelated business income as thai term is
defined in 26 U.S.C. Section .512.
(6) separately billed charges for delivery, installation, repair, and/or maintenance as
provided by Regulation.
(7) charges for joint pole usage by a person engaged in the business of providing or
furnishing utility or telecommunication services to another person engaged in the
business of providing or furnishing utility or telecommunication services.
(8) ~Rese~-~-~ THE GROSS INCOME FROM COIN-OPERATED WASHING, DRYING, AND
DRY CLEANING MACHINES, OR FROM COIN-OPERATED CAR WASHING MACHINES.
THIS EXEMPTION SHALL NOT APPLY TO SUPPLIERS OR DISTRIBUTORS RENTING,
LEASING, OR LICENSING FOR USE OF SUCH EQUIPMENT TO PERSONS ENGAGED
IN THE OPERATION OF COiN-OPERATED WASHING, DRYING, DRY CLEANING, OR
CAR WASHING ESTABLISHMENTS.
(9)(Reserved)
Section 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance
or any part of this amendment to the tax code is for any reason held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining
portions thereof.
PASSED AND ADOPTED by the Town Council of the Town of Marana,
Arizona this 5th day of February, 1991.
MAYOR
Date Signed: February 6, 1991
ATTEST:
~TOWN CLERK
APPROVED AS TO FORM: