HomeMy WebLinkAboutOrdinance 2016.003 Adopting the 2012-2014 Amendments to Tax CodeF. ANN RODRIGUEZ, RECORDER
Recorded By: LW
DEPUTY RECORDER .
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TOWN OF MARANA � � �
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MARANA ORDINANCE NO. 2016,003
REATING TO TRANSACTION PRIVILEGE TAX; ADOPTING "THE 2012 -2014
A.M E NI)M =iNTS '"rO THE TAX CODE OF THE TOWN OF MARANA" BY REFERENCE;
ESTABLISHING- EFFECTIVE DATES; PROVIDING FOR SEVERABILITY; AND
PROVIDING PENALTIES FOR VIOLATIONS
WHEREAS A.R.S. § 42 -6002 provides a procedure for the levy of transaction privilege
taxes by a city or town; and
WHEREAS A.R.S. § 9 -240 provides that the Town Council shall have control of the
finances of the town; and
WHEREAS the Town Council has adopted the Model City Tax Code as defined by
A.R.S. §42-6051; and
WHEREAS the Town Council finds that the amendments to the Town Tax Code
addressed by this ordinance are in the best interests of the community.
NOW, THEREFORE, BE IrI` ORDAINED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, as follows:
SECTION 1. That certain document known as "The 2012-2014 Amend to the Tax
Code of the "T own. of Marana ", three copies of which are on file in the office of the Town Clerk
of the Town of Marana, .Arizona, which document was made a public record by and attached as
Exhibit A to Resolution No. 201 - of the Town of Marana, Arizona, is hereby referred to,
adopted and made a part hereof~ as if fully set out in this ordinance.
SECTION 2. Any person found guilty of violating any provision of these amendments
to the tax code shall be guilty of a class one misdemeanor. Each day that a violation continues
shall be a separate offense punishable as herein above described.
SECTION 3. If any section, subsection, sentence, clause, phrase or portion of this
ordinance or any part of these amendments to the tax code adopted herein by reference 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.
SECTION 4. The provisions of this ordinance conforms this local code to the Model
City Tax Code, which is controlling. The provisions of each section are effective as stated in
each section and are as provided by the Municipal Tax Code Commission upon approval of the
stated change to the Model City Tax Code. Provisions subject to a retroactive effective date at
the time of approval by the Municipal Tax Code Commission favor taxpayers by reducing an
imposition of the tax or increasing an allowable deduction, exemption, or exclusion. Provisions
Marana Ordinance Nn. 2016.003 - 1 --
that increase the imposition of the tax or decrease the application of a deduction, exemption, or
exclusion had a prospective effective date at the time of approval b the Municipal Tax Code
Commission. Provisions creatin a new Option state the first effective date the new Option is
available for selection. Provisions eliminatin an existin Option state the last effective date of
the eliminated Option.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 16 1h da of Februar 2016. 4
. Bronson, Town Clerk
Marana Ordinance No, 2016.003
Ma Ed H(
APPROVED
10�'7 clr� j
F/a n k C a se! dd
-2-
TO FORM;-
y , Town )dtorney
MARANA RESOLUTION NO, 2016 -016
RELATING TO TRANSACTION PRIVILEGE TAX; DECLARING AS A PUBLIC RECORD
FILED WITH THE TOWN CLERK. THAT CERTAIN DOCUMENT KNOWN AS "THE 2012 -
20 14 AMENDMENTS TO THE TAX CODE OF THE TOWN OF MARANA"
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA., that that certain document known as `The 2012 -2014 Amendments to
the Tax Code of the Town of Marana ", a copy of which is attached to and incorporated in this
resolution as Exhibit A and three copies of which are on file in the office of the Town Clerk, is
hereby declared to be a public record and ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY THE MAYOR. AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 16"' day of February, 2016.
N
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MARANA r
ATTEST:
ocelyn C/.,3ronson, "Down Clerk
Mayor Ed flonea
APPROV D A TO FORM:
F nk C idy, Town A rt/rney
Mara a Resolution No. 2415 -016 1 -
EXHIBIT A TO MARANA RESOLUTION NO. 2016-01.6
2012-2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
Section I. Model City Tax Code Section 8-100 is amended as follows, with an effective
date of January 1, 2007 for the change to "Business"; October -1, 2007 for the chap to
"Prns.thetic_"
Sec. 8-100. General definitions.
For the purposes of this Chapter, the followin definitions appl
"Assembler" means a person who unites or combines products, wares, or articles of manufacture so as to
produce a chan in form or substance of such items without chan or alterin component parts.
"Broker" means an person en or continuin in business who acts for another for a consideration in the
conduct of a business activit taxable under this Chapter, and who receives for his principal all or part of the
g ross income from the taxable activit
"Business" INCLUDES all activities or acts, personal or corporate, en iii FOR caused to be
en in with the object of g ain, benefit, or advanta either directLY or indirectLY, but DOES not
INCLUDE EITHER: casual activities or sales; OR THE TRANSFER OF ELECTRICITY FROM A SOLAR
PHOTOVOLTAIC GENERATION SYSTEM TO AN ELECTRIC UTILITY DISTRIBUTION SYSTEM.
"Business 11 means an da of the week wlien the Tax Collector's office is open for the public to conduct
the Tax Collector's business.
"Casual Activi or Sale" means a transaction of an isolated nature made b a person who neither represents
himself to be nor is en in a business subject to a tax imposed b this Chapter. However, no sale, rental,
license for use, or lease transaction concernin real propert nor an activit entered into b a business taxable
b this Chapter shall be treated, or be exempt, as casual. This definition shall include sales of used capital
assets, provided that the volume and fre of such sales do not indicate that the seller re en in
sellin such propert
"Combined Taxes" means the sum of all applicable Arizona Transaction Privile and Use Taxes all
applicable transportation taxes imposed upon g ross income b this Count as authorized b Article I11, Chapter
6 Title 42 Arizona Revised Statutes and all applicable taxes imposed b this Chapter.
"Commercial Prop is an real propert or portion of such propert used for an purpose other than
lod or lod space, includin structures built for lod but used otherwise, such as model homes,
apartments used as offices, etc.
"Communications Channel" means an line, wire, cable, microwave, radio si li beam, telephone,
tele or an other electroma means of movin a messa
"Construction Contracting" refers to the activit of a construction contractor.
"Construction Contractor" means a person who undertakes to or offers to undertake to, or purports to have the
capacit to undertake to, or submits a bid to, or does himself or b or throu others, construct, alter, repair,
add to, subtract from, improve, move, wreck, or demolish an buildin hi road, railroad, excavation, or
other structure, project, development, or improvement to real propert or to do an part thereof, "Construction
contractor" includes Subcontractors, specialt contractors, prime contractors, and an pet-son receivin
Pa 1 of 50
EXHIBIT A TO MARANA RESOLUTION NO. 201 6-015
2012-2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN IMF MARANA
consideration for the general supervision and/or coordination of such a construction project except for
remediation contracting. This definition shall govern without regard to whether or not the construction
contractor is acting in fulfillment of a contract.
"Deliver of Notice b the Tax Collector" means "receipt (of notice) by the taxpayer ".
"Delivery, Installation or other Direct Customer Services" means services or labor, excluding repair labor,
provided by a taxpayer to or for his customer at the time of transfer of tangible personal property; provided
further that the charge for such labor or service is separately billed to the customer and maintained separately in
the taxpayer's books and records.
" Engaging ", when used with reference to engaging or continuing in business, includes the exercise of corporate
or franchise powers.
" Equivalent Excise Tax means either:
(1) a Privilege or Use Tax levied by another Arizona municipality upon the transaction in
question, and paid either to such Arizona municipality directly or to the vendor; or
( an excise tax levied by a political subdivision of a state other than Arizona upon the
transaction in question, and paid either to such jurisdiction directly or to the vendor; or
(3) an excise tax levied by a Native American Government organized under the laws of the
federal government upon the transaction in question, and paid either to such jurisdiction
directly or to the vendor.
" Federal Government means the United States Government, its departments and agencies; but not including
national banks or federally chartered or insured banks, savings and loan institutions, or credit unions.
" Food " means any items intended for human consumption as defined by rules and regulations adopted by the
Department of Revenue, State of Arizona, pursuant to A.R.S. Section 42-5106. Under no circumstances shall
"food" include alcoholic beverages or tobacco, or food items purchased for use in conversion to any form of
alcohol by distillation, fermentation, brewing, or other process. Under no circumstances shall "food" include an
edible product, beverage, or ingredient infused, mixed, or in any way combined with medical marijuana or an
active ingredient of medical marijuana.
" Hotel " means any public or private hotel, inn, hostelry, tourist home, house, motel, rooming house, apartment
house, trailer, or other lodging place within the Town offering lodging, wherein the owner thereof, for
compensation, furnishes lodging to any transient, except foster homes, rest homes, sheltered care homes,
nursing homes, or primary health care facilities.
" Jet Fuel means jet fuel as defined in A.R.S. Section 42 -5351.
" Job Printing means the activity of copying or reproducing an article by any means, process, or method. "Job
printing" includes engraving of printing plates, embossing, copying, micrographics, and photo reproduction.
" Lessee " includes the equivalent person in a rental or licensing agreement for all purposes of this Chapter.
" Lessor " includes the equivalent person in a rental or licensing agreement for all purposes of this Chapter.
Page 2 of 50
EXHIBIT A TO MARANA RESOLUTION NO. 201.6-016
2012 -2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
" Licensing (for Use) means any agreement between the user ( "licensee ") and the owner or the owner's agent
( "licensor ") for the use of the licensor's property whereby the licensor receives consideration, where such
agreement does not qualify as a "sales' or "lease" or "rental" agreement.
" Lodging (Lo.d gi ng Space) means any roorn or apartment in a hotel or any other provider of rooms, trailer
spaces, or other residential dwelling spaces; or the furnishings or services and accommodations accompanying
the use and possession of said dwelling space, including storage or parking space for the property of said
tenant.
"Manufactured Buildings" means a manufactured home, mobile home or factory built building, as defined in
A.R.S. Section 41-2142.
" Manufacturer " means a person engaged or continuing in the business of fabricating, producing, or
manufacturing products, wares, or articles for use from other forms of tangible personal property, imparting to
such new forms, qualities, properties, and combinations.
"Medical i means "marijuana" used for a "medical use" as those terms are defined in A.R.S. Section
36 -2801.
"Minin and Metallurgical Supplies" means all tangible personal property acquired by persons engaged in
activities defined in Section 8--432 for such use. This definition shall not include:
(1 ) janitorial equipment and supplies.
(2) office equipment, office furniture, and office supplies.
(3) motor vehicles licensed for use upon the highways of the State.
" Modifier " means a person who reworks, changes, or adds to products, wares, or articles of manufacture.
"Nonprofit Entity" means any entity organized and operated exclusively for charitable purposes, or operated by
the Federal Government, the State, or any political subdivision of the State.
" Occupancy (of Real Property) means any occupancy or use, or any right to occupy or use, real property
including any improvements, rights, or interests in such property.
" out --of Town Sale means the sale of tangible personal property and job printing if all of the fo I lowing occur:
(1 ) transference of title and possession occur without the Town; and
(2) the stock from which such personal property was taken was not within the corporate limits of
the Town; ad
(3) the order is received at a permanent business location of the seller located outside the Town;
which location is used for the substantial and regular conduct of such business sales activity.
In no event shall the place of business of the buyer be determinative of the situs of the receipt
of the order.
For the purpose of this definition it does not matter that all other indicia of business occur within the Town,
including, but not limited to, accounting, invoicing, payments, centralized purchasing, and supply to out-of-
Town storehouses and out -of -Town retail branch outlets from a primary storehouse within the Town.
Page 3 of 50
EXHIBIT A TO MARANA RESOLUTION NO. 2016-016
2012-2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
"Out-of-State Sale" i-neans the sale of tan personal propert and j ob printin if all of the followin Occur:
the order is placed from without the State of Arizona; and
( 2 ) the propert is delivered to the bu at a location outside the State; and
(3) the propert is purchased for use Outside the State.
"Owner-Builder" means an owner or lessor of real propert who, b himself or b or throu others, constructs
or has constructed or reconstructs or has reconstructed an improvement to real propert
"Person" means an individual, firm, partnership, joint venture, association, corporation, estate,, trust, receiver,
s broker, the Federal Government, this State, or an political subdivision or a of this State. For
the purposes of this Chapter, a person shall be considered a distinct and separate person from an g eneral or
limited partnership or j oint venture or other association with which such person is affiliated. A subsidiar
corporation shall be considered a separate person fi-orn its parent corporation for purposes of taxation of
transactions with its parent corporation.
"Prosthetic" means an of the followin tan personal propert if such items are prescribed or
recommended b a licensed podiatrist, chiropractor, dentist, ph or sur naturopath, optometrist,
osteopathic ph or sur ps hearin aid dispenser, ph assistant, nurse practitioner or
veterinarian:
1 } an man-made device for support or replacement of a part of the bod or to increase acuit of
one of the senses. Such items include: prescription e contact lenses hearin aids-,
artificial limbs or teeth neck, back, arm, le or similar braces.
(2) insulin, insulin s and g lucose test strips sold with or Without a prescription.
(3) hospital beds, crutches, wheelchairs, similar home health aids, or corrective shoes.
(4) dru or medicine, includin ox
(5) e used to g enerate, monitor, or provide health support s Such as respirator
e ox concentrator, dial machine.
(6 durable medical e which has a federal health care financin administration common
procedure code, is desi reimbursable b Medicare, can withstand repeated use, is
primaril and customaril used to serve a medical purpose, is g enerall y not useful to a person
in the absence of illness or injur and is appropriate for use In the home.
[a]
ORTHODONTIC DEVICES DISPENSED BY A DENTAL PROFESSIONAL WHO IS
LICENSED UNDER TITLE 32, CHAPTER I I TO A PATIENT AS PART OF THE
PRACTICE OF DENTISTRY.
(7-)M Under no circumstances shall "prosthetic" include medical mari re of whether it
is sold or dispensed pursuant to a prescription, recommendation, or written certification b
an authorized person.
"Qualif Communit Health Center"
Pa 4 of 50
EXHIBIT A TO MARANA RESOLUTION NO. 2016-016
2012 -2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
(l) means an entity that is recognized as nonprofit under 501(c)(3) of the United States Internal
Revenue Code, that is acommunity- based, primary care clinic that has acommunity -based
board of directors and that is either:
(a) the sole provider of primary care in the community.
(b) a nonhospital affiliated clinic that is located in a federally designated medically
underserved area in this State.
(2) includes clinics that are being constructed as qualifying community health centers.
" calif -Y inm Health Care Organ izat ion " means an entity that is recognized as nonprofit under Section 50 1 (c) of
the United States Internal Revenue Code and that uses, saves or invests at least eighty percent (SO %) of all
monies that it receives from all sources each year only for health and medical related educational and charitable
services, as documented by annual financial audits prepared by an independent certified public accountant,
performed according to generally accepted accounting standards and filed annually with the Arizona
Department of Revenue. Monies that are used, saved or invested to lease, purchase or construct a facility for
health and medical related education and charitable services are included in the eighty percent (SO %)
requirement.
" Qualifying Hospital means any of the following:
1 } a licensed hospital which is organized and operated exclusively for charitable purposes, no
part of the net earnings of which inures to the benefit of any private shareholder or individual.
(2) a licensed nursing care institution or a licensed residential care institution or a residential care
facility operated in conjunction with a licensed nursing care institution or a licensed kidney
dialysis center, which provides medical services, nursing services or health related services
and is not used or held for profit.
(3) a hospital, nursing care institution or residential care institution which is operated by the
federal government, this State or a political subdivision of this State.
(4) a facility that is under construction and that on completion will be a facility under subdivision
(1), (2) or (3) of this paragraph.
"Receipt of Notice by the Taxpayer" means the earlier of actual receipt or the first attempted delivery by
certified United States mail to the taxpayer's address of record with the Tax Collector.
" Remediation " means those actions that are reasonable, necessary, cost - effective and technically feasible in the
event of the release or threat of release of hazardous substances into the environment such that the waters of the
State are or may be affected, such actions as may be necessary to monitor, assess and evaluate such release or
threat of release, actions of reined iation, removal or disposal of hazardous substances or taking such other
actions as may be necessary to prevent, minimize or mitigate damage to the public health or welfare or to the
waters of the State which may otherwise result from a release or threat of release of a hazardous substance that
will or may affect the waters of the State. Remediation activities include the use of biostimulation with
indigenous microbes and bioaugmentation using microbes that are nonpathogenic, nonopportunistic and that
are naturally occurring. Remediation activities may include commuzlity information and participation costs and
providing an alternative drinking water supply.
Page 5 of 50
EXHIBIT A To MARANA RESOLUTION No. 2016 -016
2012-2014 AMENDMENTS TO THE
TAX CODE Off` THE TOWN Off' MARANA
" Rental Equipment means tangible personal property sold, rented, leased, or licensed to customers to the
extent that the item is actually used by the customer for rental, lease, or license to others; provided that:
(1) the vendee is regularly engaged in the business of renting, leasing, or licensing such property
for a consideration; and
(2) the itern so claimed as "rental equipment" is not used by the person claiming the exemption
for any purpose other than rental, lease, or license for compensation, to an extent greater than
fifteen percent (15 %) of its actual use.
" Rental Supply means an expendable or nonexpendable repair or replacement part sold to become part of
"rental equipment ", provided that:
[ 1 the documentation relating to each purchased item so claimed specifically itemizes to the
vendor the actual item of "rental equipment" to which the purchased item is intended to be
attached as a repair or replacement part; and
(2) the vendee is regularly engaged in the business of renting, leasing, or licensing such property
for a consideration; and
(3) the item so claimed as "rental equipment" is not used by the person claiming the exemption
for any purpose other than rental, lease, or license for compensation, to an extent greater than
fifteen percent (15 %) of its actual use.
" Repairer " means a person who restores or renews products, wares, or articles of manufacture.
" Resides within the Town means in cases other than individuals, whose legal addresses are determinative of
residence, the engaging, continuing, or conducting of regular business activity within the Town.
" Restaurant " means any business activity where articles of food, drink, or condiment are customarily prepared
or served to patrons for consumption on or off the premises, also including bars, cocktail lounges, the dining
rooms of hotels, and all caterers. For the purposes of this Chapter, a "fast food" business, which includes street
vendors and mobile vendors selling in public areas or at entertainment or sports or similar events, who prepares
or sells food or drink for consumption on or off the premises is considered a "restaurant ", and not a "retailer ".
" Retail Sale (Sale at Retail rneans the sale of tangible personal property, except the sale of tangible personal
property to a person regularly engaged in the business of selling such property.
" Retailer " means any person engaged or continuing in the business of sales of tangible personal property at
retail.
„ Sale " means any transfer of title or possession, or both, exchange, barter, conditional or otherwise, in any
manner or by any means whatsoever, including consignment transactions and auctions, of property for a
consideration. "Sale" includes any transaction whereby the possession of such property is transferred but the
seller retains the title as security for the payment of the price. "Sale" also includes the fabrication of tangible
personal property for consumers who, in whole or in part, furnish either directly or indirectly the materials used
in such fabrication work.
Page 6 of 50
EXHIBIT A To MAR.ANA RESOLUTION NO. 2016-016
201.2 -2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
" Solar Daylighting means a device that is specifically designed to capture and redirect the visible portion of
the solar beam, while controlling the infrared portion, for use in illuminating interior building spaces in lieu of
artificial lighting.
" Solar Energy Device means a system or series of mechanisms designed primarily to provide heating, to
provide cooling, to produce electrical power, to produce mechanical power, to provide solar daylighting or to
provide any combination of the foregoing by means of collecting and transferring solar generated energy into
such uses either by active or passive means, including wind generator systems that produce electricity. Solar
energy systems may also have the capability of storing solar energy for future use. Passive systems shall clearly
be designed as a solar energy device, such as a trombe wall, and not merely as a part of a normal structure,
such as a window.
" Speculative Builder means either:
(1 ail owner- builder who sells or contracts to sell, at any time, improved real property (as
provided in Section 8-416) consisting of:
a) custom, model, or inventory homes, regardless of the stage of completion of such
homes; or
b) improved residential or commercial lots without a structure; or
(2) an owner - builder who sells or contracts to sell improved real property, other than improved
real property specified in subsection (1 ) above:
a) prior to completion; or
b) before the expiration of twenty -four (24) months after the improvements of the real
property sold are substantially complete.
" Substantially Complete means the construction contracting or reconstruction contracting:
(1) has passed final inspection or its equivalent; or
(2) certificate of occupancy or its equivalent has been issued; or
(3) is ready for immediate occupancy or use.
" Supplier " means any person who rents, leases, licenses, or makes sales of tangible personal property within
the Town, either directly to the consumer or customer or to wholesalers, jobbers, fabricators, manufacturers,
modifiers, assemblers, repairers, or those engaged in the business of providing services which involve the use,
sale, rental, lease, or license of tangible personal property.
" Tax Collector means the Town Manager or his designee or agent for all purposes under this Chapter.
„ Taxpayer " means any person liable for any tax under this Chapter.
"Taxpayer Problem Resolution Officer" means the individual designated by the Town to perform the duties
identified in Sections 8 -515 and 8 -516. In cities with a population of 50,000 or more, the Taxpayer Problem
Resolution Officer shall be an employee of the Town. In cities with a population of less than 50,000, the
"Taxpayer Problem Resolution officer need not be ail employee of the Town. Regardless of whether the
Taxpayer Problem Resolution Officer is or is not ail employee of the Town, the Taxpayer Problem Resolution
Page 7 of 50
EXHIBIT A TO MARANA RESOLUTION NO. 2016-016
2012-2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
Officer shall have substantive knowled of taxation. The identit of and telephone IlUrnber for the Taxpa
Problem Resolution Officer can be obtained froze the Tax Collector.
"Telecommunication Service" means an service or activit connected with the transmission or rela Of Sound,
Visual ima data, information, ima or material over a communications channel or an combination of
C0111111Unications channels.
"Transient" means an person who either at the pet-soil's own expense or at the expense of another obtains
lod space or the use of lod space on a dail or weekl basis, or oil an other basis for less than thirt
( 30 ) consecutive da
"Uti lit y Service" means the producin providin or furnishin of electricit electric li Current, power,
g as (natural or artificial), or water to consumers or ratepa
Section 11. Model City Tax Code Section 8-120 and Model Option #2 is repealed, with
an effective date of July 1, 2013.
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EXHIBIT A To MARANA RESOLUTION No. 2016-016
2012 -2014 AMENDMENTS TO THE
TAX CODE of THE TOWN of MARANA
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Page 9 of 50
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Page 9 of 50
EXHIBIT A TO MARANA RESOLUTION NO, 2016-016
2012-2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
Section 111. Model Citv Tax Code Section 8-200 is amended as follows, with an effective
date of July 1, 20130
Sec. 8-200. Determination of g ross income: in g eneral.
(a) Gross income includes:
(1) the value proceedin or accruin from the sale of propert the providin of service,
or both.
(2) the total amount of the sale, lease, license for use, or rental price at the time of such
sale, rental, lease, or license.
(3) all receipts, cash, credits, barter, exchan reduction of or for of
indebtedness, and propert of ever kind or nature derived from a sale, lease, license
for use, rental, or other taxable activit
(4) all other receipts whether pa is advanced prior to, contemporaneous with, or
deferred in whole or in part subse to the activit or transaction.
(b) Barter, exchan trade-outs, or similar transactions are includable in g ross income at the fair
market value of the service rendered or propert transferred, whichever is hi as the
represent consideration g iven for consideration received.
(c) No deduction or exclusion is allowed from g ross income on account of the cost of the
propert sold, the time value of mone expense of an kind or nature, losses, materials used,
labor or service performed, interest paid, or credits g ranted.
Dl FOR THE PURPOSES OF THIS CHAPTER THE TOTAL AMOUNT OF GROSS
INCOME., GROSS RECEIPTS OR GROSS PROCEEDS OF SALES FOR NUCLEAR
FUEL SHALL BE DEEMED TO BE THE VALUE OF THE PURCHASE PRICE OF
URANIUM OXIDE USED IN PRODUCING THE FUEL. THE TAX IMPOSED BY THIS
CHAPTER MAY BE IMPOSED ONLY ONCE FOR ANY ONE QUANTITY OR BATCH
OF NUCLEAR FUEL REGARDLESS OF THE NUMBER OF TRANSACTIONS OR
Pa 10 of 50
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Section 111. Model Citv Tax Code Section 8-200 is amended as follows, with an effective
date of July 1, 20130
Sec. 8-200. Determination of g ross income: in g eneral.
(a) Gross income includes:
(1) the value proceedin or accruin from the sale of propert the providin of service,
or both.
(2) the total amount of the sale, lease, license for use, or rental price at the time of such
sale, rental, lease, or license.
(3) all receipts, cash, credits, barter, exchan reduction of or for of
indebtedness, and propert of ever kind or nature derived from a sale, lease, license
for use, rental, or other taxable activit
(4) all other receipts whether pa is advanced prior to, contemporaneous with, or
deferred in whole or in part subse to the activit or transaction.
(b) Barter, exchan trade-outs, or similar transactions are includable in g ross income at the fair
market value of the service rendered or propert transferred, whichever is hi as the
represent consideration g iven for consideration received.
(c) No deduction or exclusion is allowed from g ross income on account of the cost of the
propert sold, the time value of mone expense of an kind or nature, losses, materials used,
labor or service performed, interest paid, or credits g ranted.
Dl FOR THE PURPOSES OF THIS CHAPTER THE TOTAL AMOUNT OF GROSS
INCOME., GROSS RECEIPTS OR GROSS PROCEEDS OF SALES FOR NUCLEAR
FUEL SHALL BE DEEMED TO BE THE VALUE OF THE PURCHASE PRICE OF
URANIUM OXIDE USED IN PRODUCING THE FUEL. THE TAX IMPOSED BY THIS
CHAPTER MAY BE IMPOSED ONLY ONCE FOR ANY ONE QUANTITY OR BATCH
OF NUCLEAR FUEL REGARDLESS OF THE NUMBER OF TRANSACTIONS OR
Pa 10 of 50
EXHIBIT A TO MARANA RESOLUTION NO. 2 16 -016
2012 -2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
FINANCING ARRANGEMENTS WHICH MAY OCCUR WITH RESPECT TO THAT
NUCLEAR FUEL.
Page II of 50
EXHIBIT A TO MARANA RESOLUTION NO. 2016-016
20122014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
Section IV. Model Cily Tax Code Article III is REPEALED AND REPLACED IN ITS
ENTIRETY with the following sections 8300 through 8 -380 effective Janua 1 2015.
Article III - Licensing and Recordkeeping
Sec. 8 -300. Licensing requirements.
(a) The following persons shall make application to the Tax Collector for a Transaction Privilege
and Use Tax License and no person shall engage or continue in business or engage in such
activities until he shall have such a license:
(I) Every person engaging or continuing in business activities within the city or town
upon which a Transaction Privilege Tax is imposed by this Chapter.
(2) Every person engaging or continuing in business within the city or town and storing
or using tangible personal property in this municipality upon which a Use Tax is
imposed by this Chapter.
(3) Every person required to report and pay a tax upon Rental Occupancy, as imposed by
Section 8 -440.
(b) For the purpose of determining whether a Transaction Privilege and Use Tax License is
required, a person shall be deemed to be "engaging or continuing in business" within the city
or town if:
(I) engaging in any activity as a principal or broker, the gross receipts of which may be
subject to Transaction Privilege Tax under Article IV of this Chapter, or
(2) maintaining within the city or town directly, or if a corporation by a subsidiary, an
office, distribution house, sales house, warehouse or other place of business;
maintaining within the city or town directly, or if a corporation by a subsidiary, any
real or tangible personal property; or having any agent or other representative
operating within the city or town under the authority of such person, or if a
corporation by a subsidiary, irrespective of whether such place of business, property,
or agent or other representative is located here permanently or temporarily, or
(3) soliciting sales, orders, contracts, leases, and other similar forms of business
relationships, within the city or town from customers, consumers, or users located
within the city or town, by means of salesmen, solicitors, agents, representatives,
brokers, and other similar agents or by means of catalogs or other advertising,
whether such orders are received or accepted within or without this city or town.
(4) A person shall also be deemed to be " engaging or continuing in business if engaging
in any activity subject to Use Tax under Article VI of this Chapter for business
purposes. Individuals who acquire items subject to Use Tax for their own personal
use or their family's personal use are not required to obtain a license.
Page 12 of 50
EXHIBIT A TO MARANA RESOLUTION NO. 2016 -01 G
2012 -2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
(5) Every person required to report and pay a tax upon Rental Occupancy, as imposed by
Section 8 -440.
(c) A person engaging in more than one activity subject to Transaction Privilege Tax at any one
business location is not required to obtain a separate license for each activity, provided that, at
the time such person mares application for a license, he shall list on such application each
category of activity in which he is engaged.
(d) The licensee shall inform the Tax Collector of any changes in his business activities, location,
or mailing address within thirty (30) days.
(e) Limitation The issuance of a Transaction Privilege and Use Tax License by the Tax Collector
shall in no way be construed as permission to operate a business activity in violation of any
other law or regulation to which such activity may be subject.
(f) Casual activily For the purposes of this Chapter, individuals engaging in a " casual ac tivi or
sale are not subject to the license requirements imposed under this Article provided that they
are only engaged in private sales activities, such as the sale of personal automobile or garage
sale, on no more than three separate occasions during any calendar year.
Sec. 5 -310. Licensing: special requirements.
(a) Partnerships Application for a Transaction Privilege and Use Tax License for a partnership
engaging or continuing in business shall provide, as a minimum, the names and addresses of
all general partners. Licenses issued to persons engaging in business as partners, limited or
general, shall be in the name of the partnership.
(b) Limited Liability Companies. Application for a Transaction Privilege and Use Tax License
for a Limited Liability Company (LLC) engaging or continuing in business shall provide, as a
minimum, the names and addresses of all members and the manager. Licenses issued to
persons engaging in business as Limited Liability Companies, shall be in the name of the
LLC.
(c) Corporations Application for a Transaction Privilege and Use Tax License for a corporation
engaging or continuing in business shall provide, as a minimum, the names and addresses of
both the Chief Executive Officer and Chief Financial Officer of the corporation. Licenses
issued to persons engaging in business as corporations shall be in the name of the corporation.
(d) Multiple Locations or Multiple Business Names. A person engaging or continuing in one or
more businesses at two (2) or more locations or under two (2) or more business names shall
procure a license for each such location or business name. A "location" is a place of a separate
business establishment.
(e) Real Properly Rental Leasing, and Licensing for Use. In all cases the Transaction Privilege
and Use Tax License shall be issued only to the owner of the real property regardless of the
owner engaging a property manager or other broker to oversee the owner's business activity
including filing tax returns on behalf of the owner. Each. rental property that can be
Page 13 of 50
EXHIBIT A TO MARANA RESOLUTION NO. 2016-016
2012 -2014 AMENDMENTS To THE
TAX CODE OF THE TOwN OF MARANA
independently sold or transferred is deemed to be a separate business establishment. Each
planed parcel of real property subject to the tax imposed by this Chapter is deemed to be a
separate business establishment and requires a separate license, regardless of the number of
rental units located on that platted parcel. if one structure is located on multiple parcels in a
manner such that ownership of an individual parcel cannot be sold or transferred without
requiring alteration to divide the structure, one license shall be required for all affected
parcels.
Sec. 8 -320. License fees; annual renewal; renewal fees.
(a) The Transaction Privilege and Use Tax License shall be valid upon receipt of a non-
refundable license fee of five dollars ($5.00), except for a license to engage in the business
activity of residential or commercial real property rental, leasing, and licensing for use as
separately identified in this Section. The Transaction Privilege and Use Tax License shall be
valid only for the calendar year in which it is issued unless renewed each year by filing the
appropriate application for license renewal and paying an annual license renewal fee of zero
dollars ($0.00) for each license, subject to the limitations in A.R.S. 42 -5005. Such annual
renewal fee shall be due and payable on January l of each year and shall be considered
delinquent if not paid and received on or before the last business day of January.
(b) The Transaction Privilege and Use Tax License to engage in the business activity of
residential real property rental, leasing, and licensing for use shall be valid only upon receipt
of anon- refundable license fee of zero dollars ($0.00). The Transaction Privilege and Use
Tax License shall be valid only for the calendar year in which it is issued unless renewed each
year by filing the appropriate application for license renewal and paying an annual license
renewal fee of zero dollars ($0.00) for each license, subject to the limitations in A.R.S. 42-
5005. Such fee shall be due and payable on January 1 of each year and shall be considered
delinquent if not paid and received on or before the last business day of January.
(c) The Transaction Privilege and Use Tax License to engage in the business activity of
commercial real property rental, leasing, and licensing for use shall be valid only upon receipt
of anon- refundable license fee of five dollars ($5.00). The Transaction Privilege and Use Tax
License shall be valid only for the calendar year in which it is issued unless renewed each year
by filing the appropriate application for license renewal and paying an annual license renewal
fee of zero dollars ($0.00) for each license, subject to the limitations in A.R.S. 42 -5005. Such
fee shall be due and payable on January l of each year and shall be considered delinquent if
not paid and received on or before the last business day of January.
Sec. 8-330. Licensing: duration; transferability; display; penalties; penalty waiver; relicensing; fees
collectible as if taxes.
(a) The Transaction Privilege and Use Tax License shall be valid only for the calendar year in
which it is issued unless renewed each year by filing the appropriate application for license
Page 14 of 50
EXHIBIT A To MARANA RESOLUTION No. 2016 -016
2012 -2014 AMENDMENTS To THE
TAX CODE OF THE TOWN OF MARANA
renewal and paying the applicable license renewal fee for each license, subject to the
limitations in A.R.S. 425005. Such fee shall be due and payable on January i of each year
and shall be considered delinquent if not paid and received on or before the last business day
of January. Application and payment of the annual fee must be received in the Tax Collector's
office to be deemed paid and received.
(b) The Transaction Privilege and Use Tax License shall be nontransferable between owners or
locations, and shall be on display to the public in the licensee's place of business.
(c) Any person required to be licensed under this Chapter who fails to obtain a license on or
before conducting any business activity requiring such license shall be subject to the license
fees due for each year in business plus a penalty in the amount of fifty percent (50 %) of the
applicable fee for each period of time for which such fee would have been imposed, from and
after the date on which such activity commenced until paid. This penalty shall be in addition
to any other penalty imposed under this Chapter and must be paid prior to the issuance of any
license. License fee penalties may be waived by the Tax Collector subject to the same terms
as the waiver of tax penalties as provided for in Section 8 -540.
(d) Any licensee who fails to renew his license on or before the due date shall be deemed to be
operating without a license following such due date, and shall be subject to all penalties
imposed under this Chapter against persons required to be licensed and operating without a
license. The non - licensed status may be removed by payment of the annual license fee for
each year or portion of a year he operated without a license, plus a license fee penalty of 50%
of the license fee due for each year. License fee penalties may be waived by the Tax Collector
subject to the same terms as the waiver of tax penalties as provided for in Section 8-540.
(e) Any licensee who permits his license to expire through cancellation as provided in Section 8-
340, by his request for cancellation, by surrender of the license, or by the cessation of the
business activity for which the license was issued, and who thereafter applies for a license,
shall be granted a new license as a new applicant and shall pay the current license fee imposed
under Section 8.320.
(f) Any licensee who needs a copy of his Transaction Privilege and Use Tax License which is
still in effect shall be charged the current license fee for each reissuance of a license.
(g) Any person conducting a business activity subject to licensing without obtaining a
Transaction Privilege and Use Tax License shall be liable to the Town for all applicable fees
and penalties and shall be subject to the provisions of Sections 8 -580 and 8 -590, to the same
extent as if such fees and penalties were taxes and penalties under such Sections.
Sec. 5 -344. Licensing: cancellation; revocation.
(a) Cancellation The Tax Collector may cancel the Transaction Privilege and Use Tax License of
any licensee as "inactive" if the taxpayer, required to report monthly, has neither filed any
return nor remitted any taxes imposed by this Chapter for a period of six (6) consecutive
Page 15 of 50
EXHIBIT A TO MARANA RESOLUTION NO, 2016-016
2012 -2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
months; or, if required to report quarterly, has neither filed any return nor remitted any taxes
imposed by this Chapter for two (2) consecutive quarters; or, if required to report annually,
has neither filed any return nor remitted any taxes imposed by this Chapter when such annual
report and tax are due to be filed with and remitted to the Tax Collector.
(b) Revocation If any licensee fails to pay any tax, interest, penalty, fee, or sure required to be
paid under this Chapter, or if such licensee fails to comply with any other provisions of this
Chapter, the Tax Collector may revoke the Transaction Privilege and Use Tax License of said
licensee.
(c) Notice and Hearin. The Tax Collector shall deliver notice to such licensee of cancellation or
revocation of the Transaction Privilege and Use Tax License. If the licensee requests a
hearing within twenty (20) days of receipt of such notice, he shall be granted a hearing before
the Tax Collector.
(d) After cancellation or revocation of a taxpayer's license, the taxpayer shall not be issued a new
license until all reports have been filed; all fees, taxes, interest, and penalties due have been
paid; and he is in compliance with all provisions of this Chapter.
Sec. 8 -350. operating without a license.
It shall be unlawful for any person who is required by this Chapter to obtain a Transaction Privilege and Use
Tax License to engage in or continue in business without a license. The Tax Collector shall assess any
delinquencies in tax, interest, and penalties which may apply against such person upon any transactions subject
to the taxes imposed by this Chapter.
Sec. 8 -364. Recordkeeping requirements.
(a) It shall be the duty of every person subject to the tax imposed by this Chapter to keep and
preserve suitable records and such other books and accounts as may be necessary to determine
the amount of tax for which he is liable under this Chapter. The books and records must
contain, at a minimum, such detail and summary information as may be required by this
Article; or when records are maintained within an electronic data processing (EDP) system,
the requirements established by the Arizona Department of Revenue for privilege tax filings
will be accepted. It shall be the duty of every person to keep and preserve such books and
records for a period equal to the applicable limitation period for assessment of tax, and all
such books and records shall be open for inspection by the Tax Collector during any business
day.
(b) The Tax Collector may direct, by letter, a specific taxpayer to keep specific other books,
records, and documents. Such letter directive shall apply:
only for future reporting periods, and
Page 16 of 50
EXHIBIT A To MARANA RESOLUTION No, 2016 -016
2012 -2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
(2) only by express determination of the Tax Collector that such specific recordkeeping
is necessary due to the inability of the taxing jurisdiction to conduct an adequate
examination of the past activities of the taxpayer, which inability resulted from
inaccurate or inadequate books, records, or documentation maintained by the
taxpayer.
Sec. 8 -362. Recordkeeping: income.
The minimum records required for persons having gross income subject to, or exempt or excluded from, tax by
this Chapter must show:
(a) The gross income of the taxpayer attributable to any activity occurring in whole or in part in
the Town.
(b) The gross income taxable under this Chapter, divided into categories as stated in the official
Town tax return.
(c) The gross income subject to Arizona Transaction Privilege Taxes, divided into categories as
stated in the official State tax return.
(d) The gross income claimed to be exempt, and with respect to each activity or transaction so
claimed:
(1) if the transaction is claimed to be exempt as a sale for resale or as a sale, rental, lease,
or license for use of rental equipment:
(A) The Town Privilege License number and State Transaction Privilege Tax
License number of the customer (or the equivalent Town, if applicable, and
state tax numbers of the Town and state where the customer resides), and
(13) The name, business address, and business activity of the customer, and
(C) Evidence sufficient to persuade a reasonably prudent businessman that the
transaction is believed to be in good faith a purchase for resale, or a
purchase, rental, lease, or license for use of rental equipment, by the vendee
in the ordinary and regular course of his business activity, as provided by
Regulation.
(2) If the transaction is claimed to be exempt for any other reason:
(A) The name, business address, and business activity of the customer, and
(13) Evidence which would establish the applicability of the exemption to a
reasonably prudent businessman acting in good faith. Ordinary business
documentation which would reasonably indicate the applicability of an
exemption shall be sufficient to relieve the person on whom the tax would
otherwise be imposed from liability therein, if he acts in good faith as
provided by Regulation.
Page 17 of 50
EXHIBIT A TO MARANA RESOLUTION No, 2016 -016
201.2 -2014 AMENDMENTS TO THE
TAX. CODE of THE TOWN of MARANA
(e) with respect to those allowed deductions or exclusions for tax collected or charges for
delivery or other direct customer services, where applicable, evidence that the deductible
income has been separately stated and shown on the records of the taxpayer and on invoices
or receipts provided to the customer. All other deductions, exemptions, and exclusions shall
be separately shown and substantiated.
(f) with respect to special classes and activities, such other books, records, and documentation as
the Tax Collector, by regulation, shall deem necessary for specific classes of taxpayer by
reason of the specialized business activity of any such class.
(g) In all cases, the books and records of the taxpayer shall indicate both individual transaction
amounts and totals for each reporting period for each category of taxable, exempt, and
excluded income defined by this Chapter.
Sec. 8 -364. Recordkeeping: expenditures.
The minimum. records required for persons having expenditures, costs, purchases and rental or lease or license
expenses subject to, or exempt or excluded from, tax by this Chapter are:
(a) The total price of all goods acquired for use or storage in the Town.
(b) The date of acquisition and the name and business address of the seller or lessor of all goods
acquired for use or storage in the Town.
(c) Documentation of taxes, freight, and direct customer service labor separately charged and
paid for each purchase, rental, lease, or license.
(d) The gross price of each acquisition claimed as exempt from tax, and with respect to each
transaction so claimed, sufficient evidence to satisfy the Tax Collector that the exemption
Claimed is applicable.
(e) As applicable to each taxpayer, documentation sufficient to the Tax Collector, so that he may
ascertain:
(1) All construction expenditures and all Privilege and Use Taxes claimed paid, relating
to owner- builders and speculative builders.
(2) Disbursement of collected gratuities and related payroll information required of
restaurants.
(3) Franchise and license fee payments and computations thereto which relate to:
(A) Utility service
(13) Telecommunication service.
(4) The validity of any claims of proof of exemption.
(5) A claimed alternative prior value for reconstruction.
(6) All claimed exemptions to the Use Tax imposed by Article VI of this Chapter.
Page 18 of 50
EXHIBIT A TO MARA.NA RESOLUTION NO. 2016-016
2012-2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
(7) Costs used to compute the "computed charge" claimed for retail service and repair.
(8) Payments of tax to the Arizona Department of Transportation and computations
therefor, when amotor- vehicle transporter claims such the exemption.
(9) Payments by tenants subject to the tax upon Rental Occupancy imposed by Section 8-
440.
(f) Any additional documentation as the Tax Collector, by Regulation, shall deem necessary for
any specific class of taxpayer by reason of the specialized business activity of specific
exemptions afforded to that class of taxpayer.
(g) In all cases, the books and records of the taxpayer shall indicate both individual transaction
amounts and totals for each reporting period for each category of taxable, exempt, and
excluded expenditures as defined by this Chapter.
Sec. 8 -366. Recordkeeping: out-of -Town and out-of-State sales.
(a) Out -of -Town Sales. Any person engaging or continuing in a business who claims out -of-
Town sales shall maintain and keep accounting records or books indicating separately the
gross income from the sales of tangible personal property from such out -of -Town branches or
locations.
(b) Out -of -State sales. Persons engaged in a business claiming out -of -State sales shall maintain
accounting records or books indicating for each out -of -State sale the following
documentation:
(1) documentation of location of the buyer at the time of order placement; and
(2) shipping, delivery, or freight documents showing where the buyer took delivery; and
(3) documentation of intended location of use or storage of the tangible personal property
sold to such buyer.
Sec. 8.370. Recordkeeping: claim of exclusion, exemption, deduction, or credit; documentation; liability.
(a) All deductions, exclusions, exemptions, and credits provided in this Chapter are conditional
upon adequate proof and documentation of such as may be required either by this Chapter or
Regulation.
(b) Any person who claims and receives an exemption, deduction, exclusion, or credit to which
he is not entitled under this Chapter, shall be subject to, liable for, and pay the tax on the
transaction as if the vendor subject to the tax had passed the burden of the payment of the tax
to the person wrongfully claiming the exemption. A person who wrongfully claimed such
exemption shall be treated as if he is delinquent in the payment of the tax and shall be subject
to interest and penalties upon such delinquency. However, if the tax is collected from the
vendor on such transaction it shall not again be collected from the person claiming the
Page 19 of 50
EXHIBIT A TO MARANA RESOLUTION NO, 2016-016
2012-2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
exemption, or if collected from the person claimin the exemption it shall not also be
collected from the vendor.
See. 8 Proof of exemption: sale for resale sale, rental, lease, or license of rental e
A claim of purchase for resale or of purchase, rental, lease, or license for rent, lease, or license is valid onl if
the evidence is sufficient to persuade a reasonabl prudent businessman that the particular item is bein
ac for resale or for rental, lease, or license in the ordinar course of business. The fact that the ac
person possesses a Privile License number, and makes a verbal claim of "sale for resale or lease" or "lease
for re-lease" does not meet this burden and is insufficient to justif an exemption. The "reasonable evidence"
must be evidence which exists objectivel and not merel in the mind of the vendor, that the propert bein
ac is normall sold, rented, leased, or licensed b the ac person in the ordinar course of business.
Failure to obtain such reasonable evidence at the time of the transaction will be a basis for disallowance of an
claimed deduction on returns -filed for such transactions.
Sec. 8-380. Inade or unsuitable records.
In the event the records provided b the taxpa are considered b the Tax Collector to be inade or
unsuitable to determine the amount of the tax for which such taxpa is liable under the provisions of this
Chapter, it is the responsibilit of the taxpa either:
(a to provide such other records re b this Chapter or Re or
(b) to correct or to reconstruct his records, to the satisfaction of the Tax Collector.
This chanyte also eliminates the follow in-a-Reimlatio ns, effective Januar 1, 2015:
'n-a-latil" 8 300.1. Who must apply For a lieense-.
IRA L7%1 "
up
i0y A& 8300 0 A 0 1 Resenzed
•
Up R 310 1 1UAQPMrPd
A'%%O %A a" %IAXX IRA %-P %f -& NY 0 -a 0 k A,1ft%eL7%1A V VIW%.&)
n-avalat*an R 31fi a luesenzed
8 3.1 ( Resenzed )
ID J% MR I a t y-o ck N Q :1 r% C1 1 J2 rd L P ,
i oneome-.
X Y31%aVz11QtVCAn IQ 3r%0.2. Reeordlieepin
A .1. expenditures.
8r 3.550.3. Reeor-dik out of CALV and otyt. OAL State sales.
p'n"VA R 349) 1 pra"I! •
" Q010i for resale- sale rental lease wr • rental
%-P & A W."m, "' t, SIAXORK-D LY"A%W JL%Y "&%� I L7"z%.,,9 -a %'AlLwasal A%, AA1%1%W1AA"%V %YJ%
Pa 20 of 50
EXHIBIT A TO MARANA RESOLUTION NO. 2016-016
2012-2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
Section V. Model City Tax Code Section 8-425 is amended as follows to eliminate Local
Option #MM, which will no longer be used by any city or town, effective Jul 1 2 012.
New Subsection (7) is added with an effective date of September 214 2006.
See. 8-425. Job printin
( a ) The tax rate shall be at an amount e to two and one-half percent (2.5%) of the g ross
income from the business activit upon ever person en or continuin in the business
of job printin which includes en of printin plates, embossin cop
micro and photo reproduction.
( b ) The tax imposed b this Section shall not appl to:
( 1 ) job printin purchased for the purpose of resale b the purchaser in the form supplied
b the job printer.
( 2 ) out-of-Town sales.
(3) out-of-State sales.
(4) job printin of newspapers, ma or other periodicals or publications for a
person who is subject to the tax imposed b subsection 8-435 or an e
excise tax provided further that said person is properl licensed b the taxin
jurisdiction at the location of publication.
( 5 ) sales of job printin to a q ualif y in g hospital, q ualif y in g communit health center or a
q ualif y in g health care or except when the propert sold is for use in
activities resultin in g ross income from unrelated business income as that term is
defined in 26 U.S.C. Section 512.
(6) (Reserved)
(7) SALES OF POSTAGE AND FREIGHT EXCEPT THAT THE AMOUNT
DEDUCTED SHALL NOT EXCEED THE ACTUAL POSTAGE AND FREIGHT
EXPENSE THAT IS PAID TO THE UNITED STATES POSTAL SERVICE OR A
COMMERCIAL DELIVERY SERVICE AND THAT IS SEPARATELY
ITEMIZED BY THE TAXPAYER ON THE CUSTOMER'S INVOICE AND IN
THE TAXPAYER'S RECORDS.
Pa 21 of 50
EXHIBIT A To MARANA RESOLUTION No., 2016 -016
2012 -2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
Section VI. Model Ci Tax Code Section 5.445 is amended as follows, with an effective
date of July 1, 20130
Sec. 5-445. Rental, leasing, and licensing for use of real property.
(a) The tax rate shall be at an amount equal to two and one -half percent (2.5 %) of the gross
income from the business activity upon every person engaging or continuing in the business
of leasing or renting real property located within the Town for a consideration, to the tenant in
actual possession, or the licensing for use of real property to the final licensee located within
the Town for a consideration including any improvements, rights, or interest in such property;
provided further that:
Payments made by the lessee to, or on behalf of, the lessor for property taxes, repairs,
or improvements are considered to be part of the taxable gross income.
(2) Charges for such items as telecommunications, utilities, pet fees, or maintenance are
considered to be part of the taxable gross income.
(3) However, if the lessor engages in telecommunication activity, as evidenced by
installing individual metering equipment and by billing each tenant based upon actual
usage, such activity is taxable under Section 8.470.
(b) If individual utility meters have been installed for each tenant and the lessor separately
charges each single tenant for the exact billing from the utility company, such charges are
exempt.
(c) Charges by a qualifying hospital, qualifying community health center or a qualifying health
care organization to patients of such facilities for use of rooms or other real property during
the course of their treatment by such facilities are exempt.
(d) 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 are exempt from the tax imposed by this
Section.
(e) (Reserved)
(f) (Reserved)
(g) (Reserved)
(h) Except as may be provided in another Section of this Chapter, the tax prescribed by this
Section shall not include gross income from the rental, leasing, or licensing of lodging or
lodging space to an individual who resides therein.
(i) (Reserved)
(j) Exempt from the tax imposed by this Section is gross income derived from the activities
taxable under Section 8 -444 of this code.
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EXHIBIT A TO MARANA RESOLUTION NO. 2016-016
2012-2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
( k ) ( Reserved )
(1) ( Reserved)
( m ) ( Reserved )
( n ) Notwithstandin the provisions of Section 8-200(b), the fair market value of one ( 1 )
apartment, in an apartment complex provided rent free to an emplo of the apartment
complex is not subject to the tax imposed b this Section. For an apartment complex with
more than fift ( 50 ) units, an additional apartment provided rent free to an emplo for ever
additional fift ( 50 ) units is not subject to the tax imposed b this Section.
(0) Income derived from incarceratin or detainin prisoners who are under the jurisdiction of the
United States, this State or an other state or a political subdivision of this State or of an
other state in a privatel operated prison, jail or detention facilit is exempt from the tax
imposed b this Section.
(p) Char b an hospital, an licensed nursin care institution, or an kidne dial facilit
to patients of such facilities for the use of rooms or other real propert durin the course of
their treatment b such facilities are exempt.
(q) Char to patients receivin "personal care" or "directed care", b an licensed assisted
livin facilit licensed assisted livin center or licensed assisted livin home as defined and
licensed pursuant to Chapter 4 Title 36 Arizona Revised Statutes and Title 9 of the Arizona
Administrative Code are exempt.
( r ) Income received from the rental of an "low-income unit" as established under Section 42 of
the Internal Revenue Code, includin the low-income housin credit provided b IRC Section
421, to the extent that the collection of tax on rental income causes the " rent" defined b
IRC Section 42 to exceed the income limitation for the low-income unit is exempt. This
exemption also applies to income received from the rental of individual rental units subject to
statutor or re "low-income unit" rent restrictions similar to IRC Section 42 to the
extent that the collection of tax from the tenant causes the rental receipts to exceed a rent
restriction for the low-income unit. This subsection also applies to rent received b a person
other than the owner or lessor of the low-income unit, includin a broker. This subsection
does not appl unless a taxpa maintains the documentation to support the q ualification of a
unit as a low-income unit, the " rent" limitation for the unit and the rent received from
that unit.
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Pa 23 of 50
EXHIBIT A TO MARANA RESOLUTION NO. 2016-016
2012-2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
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THE GROSS PROCEEDS OF A COMMERCIAL LEASE OF REAL PROPERTY
BETWEEN AFFILIATED COMPANIES., BUSINESSES., PERSONS OR RECIPROCAL
fNSURERS ARE EXEMPT. FOR THE PURPOSES OF THIS PARAGRAPH:
Q) "AFFILIATED COMPANIES, BUSINESSES, PERSONS OR RECIPROCAL
INSURERS" MEANS THE LESSOR HOLDS A CONTROLLING INTEREST IN
THE LESSEE, THE LESSEE HOLDS A CONTROLLING INTEREST IN THE
L ESSOR, AN AFFILIATED ENTITY HOLDS A CONTROLLING INTEREST IN
.130TH THE LESSOR AND THE LESSEE OR AN UNRELATED PERSON
HOLDS A CONTROLLING INTEREST IN BOTH THE LESSOR AND LESSEE.
"CONTROLLING INTEREST" MEANS DIRECT OR INDIRECT OWNERSHIP
OF AT LEAST EIGHTY PER CENT OF THE VOTING SHARES OF A
CORPORATION OR OF THE INTERESTS IN A COMPANY, BUSINESS OR
PERSON OTHER THAN A CORPORATION.
"RECIPROCAL INSURER" HAS THE SAME MEANING AS PRESCRIBED IN
A.R.S. SECTION 20-762.
Section V11. Model City Tax Code Section 8-450 is amended as follows, with an effective
date of September 1, 2 044.
Sec. 8 Rental, leasin and licensin for use of tan personal propert
(a) The tax rate shall be at an amount e to two and one-half percent (2.5%) of the g ross
income from the business activit upon ever person en or continuin in the business
of leasin licensin for use, or rentin tan personal propert for a consideration,
includin that which is semi-permanentl or permanentl installed within the Town as
provided b Re
(b) Special provisions relatin to long-term motor vehicle leases. A lease transaction involvin a
motor vehicle for a minimum period of twent (24) months shall be considered to have
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EXHIBIT A TO MARANA RESOLUTION NO. 2016-016
2012 -2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
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 all 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 semi-
permanently or permanently installed within another city or town that levies all
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 5 -410, or to a radio station, television station, or subscription
television system,
(4) rental, leasing, or licensing for use of the following:
(A) prosthetics.
( income -- producing capital equipment.
(C) mining and metallurgical supplies.
These exemptions include the rental, leasing, or licensing for use of tangible personal
property which, if it had been purchased instead of leased, rented, or 1 icellsed by the
lessee or licensee, would qualify as income- producing capital equipment or mining
and metallurgical supplies.
(5) rental, leasing, or licensing for use of tangible personal property to a qualifying
hospital, qualifying community health center or a qualifying health care organization,
except when the property so rented, leased, or licensed is for use ill activities
resulting in gross income from unrelated business income as that tertln is defined in
26 U.S.C. Section 512 or rental, leasing, or licensing for use of tangible personal
property in this State by a nonprofit charitable organization that has qualified under
Section 501(c)(3) of the United States Internal Revenue Code and that engages in
and uses such property exclusively for training, job placement or rehabilitation
programs or testing for mentally or physically handicapped persons.
(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.
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EXHIBIT A TO MARANA RESOLUTION NO, 2016-016
2012-2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
(8) the g ross income from coin-operated washin dr and dr cleanin machines, or
from coin-operated car washin machines. This exemption shall not appl to
suppliers or distributors rentin leasin or licensin for use Of Such e to
persons en in the operation of coin-operated washin dr dr cleanin or
car washin establishments.
(9) rental, leasin or licensin of aircraft that Would q ualif y as aircraft ac for use
outside the State,, as prescribed b Re if such rental, leasin or licensin had
been a sale.
(10) rental, leasin and licensin for use of an alternative fuel vehicle if Such vehicle was
manufactured as a diesel fuel vehicle and converted to operate oil alternative fuel and
e that is installed in a conventional diesel fuel motor vehicle to convert the
vehicle to operate oil an alternative fuel, as defined in A.R.S. Section 1-215.
(1 1) rental, leasin and licensin for use of solar ener devices, for taxable periods
be from and after Jul 1, 2008. The lessor shall re with the department
of revenue as a solar ener retailer. B re the lessor acknowled that it
will make its books and records relatin to leases of solar ener devices available to
the Department of Revenue and Town, as applicable, for examination.
(12) LEASING OR RENTING CERTIFIED IGNITION INTERLOCK DEVICES
INSTALLED PURSUANT TO THE RE PRESCRIBED BY A.R.S.
SECTION 28 -1461. FOR THE PURPOSES OF THIS PARAGRAPH., "CERTIFIED
IGNITION INTERLOCK DEVICE" HAS THE SAME MEANING PRESCRIBED
IN A.R.S. SECTION 28-1301.
Section V111. Model Cit_y_Tax Code Section 8-460 is amended as follows with an
effective date of October I
See. 8-460. Retail sales: measure of tax; burden of proof exclusions.
(a) The tax rate shall be at an amount e to two and one-half percent (2.5%) of the g ross
income from the business activit upon ever person en or continuin in the business
of sellin tan personal propert at retail.
( b ) The burden of provin that a sale of tan personal propert is not a taxable retail sale shall
be upon the person who made the sale.
(c) Exclusions. For the purposes of this Chapter, sales of tan personal propert shall not
include:
(1) sales of stocks, bonds,, options, or other similar materials.
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EXHIBIT A TO MARANA RESOLUTION NO. 2016-016
2012 -2014 AMENDMENTS To THE
TAX. CODE OF THE TOWN OF MARANA
(2) sales of lottery tickets or shares pursuant to Article I, Chapter 5, Title 5, Arizona
Revised Statutes.
(3) sales of platinum, bullion, or monetized bullion, except minted or manufactured coins
transferred or acquired primarily for their numismatic Value as prescribed by
Regulation.
(4) gross income derived from the transfer of tangible personal property which is
specifically included as the gross income of a business activity upon which another
Section of this Article imposes a tax, shall be considered gross income of that
business activity, and are not includable as gross income subject to the tax imposed
by this Section.
(5) sales by professional or personal service occupations where such sales are
inconsequential elements of the service provided.
6) SALES OF CASH EQUIVALENTS. THE GROSS PROCEEDS OF SALES OR
GROSS INCOME DERIVED FROM THE REDEMPTION OF ANY CASH
EQUIVALENT BY THE HOLDER AS A MEANS OF PAYMENT FOR GOODS
OR SERVICES THAT ARE TAXABLE UNDER THIS ARTICLE IS SUBJECT
TO THE TAX. "CASH EQUIVALENTS" MEANS ITEMS OR INTANGIBLES
WHETHER. OR NOT NEGOTIABLE, THAT ARE SOLD TO ONE OR MORE
PERSONS THROUGH WHICH A VALUE DENOMINATED IN MONEY IS
PURCHASED IN ADVANCE AND MAY BE REDEEMED IN FULL OR IN
PART FOR TANGIBLE PERSONAL PROPERTY, INTANGIBLES OR
SERVICES. CASH EQUIVALENTS INCLUDE GIFT CARDS, STORED VALUE
CARDS, GIFT CERTIFICATES, VOUCHERS, TRAVELER'S CHECKS, MONEY
ORDERS OR OTHER INSTRUMENTS, ORDERS OR ELECTRONIC
MECHANISMS SUCH AS AN ELECTRONIC CODE PERSONAL
IDENTIFICATION NUMBER OR DIGITAL PAYMENT MECHANISM OR
ANY OTHER PREPAID INTANGIBLE RIGHT TO ACQUIRE TANGIBLE
PERSONAL PROPERTY INTANGIBLES OR SERVICES IN THE FUTURE
WHETHER FROM THE SELLER OF THE CASH EQUIVALENT OR FROM
ANOTHER PERSON. CASH EQUIVALENTS DO NOT INCLUDE EITHER OF
THE FOLLOWING:
( A) ITEMS OR INTANGIBLES THAT ARE SOLD To ONE OR
MORE PERSONS, THROUGH WHICH A VALUE IS NOT
DENOMINATED IN MONEY.
(B) PREPAID CALLING CARDS OR PREPAID AUTHORIZATION
NUMBERS FOR TELECOMMUNICATIONS SERVICES MADE
TAXABLE BY SUBSECTION (R,) OF THIS SECTION.
(d) Notwithstanding the provisions of subsection (a) above, when the gross income from the sale
of a single item of tangible personal property exceeds five thousand dollars ($5,000), the two
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EXHIBIT A TO MARANA RESOLUTION NO. 2016-016
2012 -2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
and one -half percent (2.5 %) tax rate shall apply to the first $5,000. Above $5,000, the
measure of tax shall be at a rate of two percent (2 %).
(e) when this Town and another Arizona city or town with an equivalent excise tax could claim
nexus for taxing a retail sale, the city or town where the permanent business location of the
seller at which the order was received shall be deemed to have precedence, and for the
purposes of this Chapter such city or town has sole and exclusive right to such tax.
(f) The appropriate tax liability for any retail sale where the order is received at a permanent
business location of the seller located in this Town or in an Arizona city or town that levies an
equivalent excise tax shall be at the tax rate of the city or town of such seller's location.
(g) Retail sales of prepaid calling cards or prepaid authorization numbers for telecommunications
services, including sales of reauthorization of a prepaid card or authorization number, are
subject to tax under this Section.
Section IX. Model City Tax Code Section 8 -462 is added as follows with an effective
date of July 1, 20130
SEC. 8 -462. RETAIL SALES: FOOD FOR HOME CONSUMPTION.
a THE TAX RATE SHALL BE AT AN AMOUNT EQUAL TO ZERO PERCENT 0% OF
THE GROSS INCOME FROM THE BUSINESS ACTIVITY UPON EVERY PERSON
ENGAGING OR CONTINUING IN THE BUSINESS OF SELLING FOOD FOR HOME
CONSUMPTION AT RETAIL.
b) FOR THE PURPOSES OF THIS SECTION ONLY, THE FOLLOWING DEFINITIONS
SHALL BE APPLICABLE:
1 } "ELIGIBLE GROCERY BUSINESS" MEANS AN ESTABLISHMENT WHOSE
SALES OF FOOD ARE SUCH THAT IT IS ELIGIBLE TO PARTICIPATE IN
THE FOOD STAMP PROGRAM ESTABLISHED BY THE FOOD STAMP ACT
OF 1977 P.L. 95 -113; 91 STAT. 958.7 U.S.C. SECTION 2011 ET SEQ.),
ACCORDING TO REGULATIONS IN EFFECT ON JANUARY 1 1979. AN
ESTABLISHMENT IS DEEMED ELIGIBLE TO PARTICIPATE IN THE FOOD
STAMP PROGRAM IF IT IS AUTHORIZED TO PARTICIPATE IN THE
PROGRAM BY THE UNITED STATES DEPARTMENT OF AGRICULTURE
FOOD AND NUTRITION SERVICE FIELD OFFICE ON THE EFFECTIVE
DATE OF THIS SECTION OR IF. PRIOR TO A REPORTING PERIOD FOR
WHICH THE RETURN IS FILED SUCH RETAILER PROVES TO THE
SATISFACTION OF THE TAX COLLECTOR THAT THE ESTABLISHMENT
BASED ON THE NATURE OF THE RETAILER'S FOOD SALES, COULD BE
ELIGIBLE TO PARTICIPATE IN THE FOOD STAMP PROGRAM
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EXHIBIT A To MARANA RESOLUTION No. 2016 -016
2012 -2014 AMENDMEN'T'S TO THE
TAX CODE OF THE TOWN OF MARANA
ESTABLISHED BY THE FOOD STAMP ACT OF 1977 ACCORDING TO
REGULATIONS IN EFFECT ON JANUARY 1, 1979.
"FACILITIES FOR THE CONSUMPTION OF FOOD " MEANS TABLES
CHAIRS BENCHES BOOTHS STOOLS COUNTERS AND SIMILAR
CONVENIENCES TRAYS GLASSES DISHES OR OTHER TABLEWARE
AND PARKING ARE FOR THE CONVENIENCE OF IN --CAR
CONSUMPTION OF FOOD IN OR ON THE PREMISES ON WHICH THE
RETAILER. CONDUCTS BUSINESS.
3) "FOOD FOR CONSUMPTION ON THE PREMISES" MEANS ANY OF THE
A) "HOT PREPARED FOOD" AS DEFINED BELOW.
B) HOT OR COLD SANDWICHES.
Cl FOOD SERVED BY AN ATTENDANT TO BE EATEN AT TABLES
CHAIRS BENCHES BOOTHS STOOLS COUNTERS AND SIMILAR
CONVENIENCES AND WITHIN PARKING AREAS FOR THE
CONVENIENCE OF IN -CAR CONSUMPTION OF FOOD.
D FOOD SERVED WITH TRAYS GLASSES DISHES OR OTHER
'FA DY CAll ADD
E) BEVERAGES SOLD IN CUPS, GLASSES, OR OPEN CONTAINERS.
FOOD SOLD BY CATERERS.
( G) FOOD SOLD WITHIN THE PREMISES OF THEATRES MOVIES
OPERAS, SHOWS OF ANY TYPE OR NATURE, EXHIBITIONS,
CONCERTS CARNIVALS CIRCUSES AMUSEMENT PARKS FAIRS
RACES, CONTESTS, GAMES, ATHLETIC EVENTS, RODEOS,
BILLIARD AND POOL PARLORS, BOWLING ALLEYS, PUBLIC
DANCES, DANCE HALLS BOXING, WRESTLING AND OTHER
MATCHES, AND ANY BUSINESS WHICH CHARGES ADMISSION,
ENTRANCE OR COVER FEES FOR EXHIBITION AMUSEMENT
ENTERTAINMENT OR INSTRUCTION.
(H) ANY ITEMS CONTAINED IN SUBSECTIONS (A)(3)(A) THROUGH (G)
ABOVE EVEN THOUGH THEY ARE SOLD ON A "TAKE-OUT" OR
"TO GO" BASIS, AND WHETHER OR NOT THE ITEM IS PACKAGED,
WRAPPED. OR IS ACTUALLY TAKEN FROM THE PREMISES.
4) " "HOT PREPARED FOOD'" MEANS T140SE PRODUCTS, ITEM OR
INGREDIENTS OF FOOD WHICH ARE PREPARED AND INTENDED FOR
CONSUMPTION IN A HEATED CONDITION. "HOT PREPARED FOOD "
INCLUDES A COMBINATION OF HOT AND COLD FOOD ITEMS OR
INGREDIENTS IF A SINGLE PRICE HAS BEEN ESTABLISHED.
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EXHIBIT A TO MARANA RESOLUTION N0.2016 -016
2012 -2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
5) "PREMISES" MEANS THE TOTAL SPACE AND FACILITIES IN OR ON
WHICH A VENDOR CONDUCTS BUSINESS AND WHICH ARE OWNED OR
CONTROLLED, IN WHOLE OR IN PART, BY A VENDOR OR WHICH ARE
MADE AVAILABLE FOR THE USE OF CUSTOMERS OF THE VENDOR OR
GROUP OF VENDORS, INCLUDING ANY BUILDING OR PART OF A
BUILDING. PARKING LOT. OR GROUNDS.
"FOOD FOR HOME CONSUMPTION" MEANS ALL FOOD EXCEPT FOOD
FOR CONSUMPTION ON THE PREMISES, IF SOLD BY ANY OF THE
1pnI I nVAI C.-
A) AN ELIGIBLE GROCERY BUSINESS.
B A PERSON WHO CONDUCTS A BUSINESS WHOSE PRIMARY
BUSINESS IS NOT THE SALE OF FOOD BUT WHO SELLS FOOD
WHICH IS DISPLAYED] PACKAGED AND SOLD IN A SIMILAR
MANNER AS AN ELIGIBLE GROCERY BUSINESS.
C A PERSON WHO SELLS FOOD AND DOES NOT PROVIDE OR MADE
AVAILABLE ANY FACILITIES FOR THE CONSUMPTION OF FOOD
ON THE PREMISES.
D A PERSON WHO CONDUCTS A DELICATESSEN BUSINESS EITHER
FROM A COUNTER. WHICH IS SEPARATE FROM THE PLACE AND
CASH REGISTER WHERE TAXABLE SALES ARE MADE OR FROM
A COUNTER WHICH HAS TWO CASH REGISTERS AND 'WHICH
ARE USED TO RECORD TAXABLE AND TAX EXEMPT SALES, OR
A RETAILER WHO CONDUCTS A DELICATESSEN BUSINESS WHO
USES A CASH REGISTER 'WHICH HAS AT LEAST TWO TAX
COMPUTING KEYS WHICH ARE USED TO RECORD TAXABLE
AND TAX EXEMPT SALES.
(E) VENDING MACHINES AND OTHER TYPES OF AUTOMATIC
UPTAII FRC
F) A PERSON'S SALES OF FOOD, DRINK AND CONDIMENT FOR
CONSUMPTION WITHIN THE PREMISES OF ANY PRISON JAIL OR
OTHER INSTITUTION UNDER THE JURISDICTION OF THE STATE
DEPARTMENT OF CORRECTIONS THE DEPARTMENT OF PUBLIC
SAFETY. THE DEPARTMENT OF JUVENILE CORRECTIONS OR A
COUNTY SHERIFF.
c) INCOME DERIVED FROM THE FOLLOWING SOURCES IS EXEMPT FROM THE
TAX IMPOSED BY THIS SECTION:
l SALES OF FOOD FOR HOME CONSUMPTION TO A PERSON REGULARLY
ENGAGED IN THE BUSINESS OF SELLING SUCH PROPERTY,
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EXHIBIT A TO MARANA RESOLUTION NO, 2016 -016
2012 -2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
2) OUT -OF -TOWN SALES OR OUT -OF -STATE SALES.
'3 CHARGES FOR DELIVERY OR OTHER "DIRECT CUSTOMER SERVICES"'
AS PRESCRIBED BY REGULATION.
4 FOOD PURCHASED WITH FOOD STAMPS PROVIDED THROUGH THE
FOOD STAMP PROGRAM ESTABLISHED BY THE FOOD STAMP ACT OF
1977 (P.L. 95 -113; 91 STAT. 958.7 U.S.C. SECTION 2011 ET SEQ.) R
PURCHASED WITH FOOD INSTRUMENTS ISSUED UNDER SECTION 17 OF
THE CHILI] NUTRITION ACT P.L. 95-627 STAT. 3603; AND P.L. 99 -+��9
SECTION 4302; 42 UNITED STATES CODE SECTION 1786 BUT ONLY TO
THE EXTENT THAT FOOD STAMPS OR FOOD IN STRU INTENTS WERE
ACTUALLY USED TO PURCHASE SUCH FOOD.
5 SALES OF FOOD PRODUCTS BY PRODUCERS AS PROVIDED FOR BY
A.R.S. SECTIONS 3-561,3-562 AND 3 -563.
6 SALES OF FOOD BEVERAGES CONDIMENTS AND ACCESSORIES TO A
PUBLIC EDUCATIONAL ENTITY. PURSUANT TO ANY OF THE
PROVISIONS OF TITLE 15, ARIZONA REVISED STATUTES, INCLUDING A
REGULARLY ORGANIZED PRIVATE OR PAROCHIAL SCHOOL THAT
OFFERS AN EDUCATIONAL PROGRAM FOR GRADE TWELVE OR UNDER
WHICH MAY BE ATTENDED IN SUBSTITUTION FOR A PUBLIC SCHOOL
PURSUANT TO A.R.S. 15-802; TO THE EXTENT SUCH ITEMS ARE TO BE
PREPARED OR SERVED TO INDIVIDUALS FOR CONSUMPTION ON THE
PREMISES OF A PUBLIC EDUCATIONAL ENTITY DURING SCHOOL
HOURS. FOR THE PURPOSES OF THIS SUBSECTION, "ACCESSORIES"
MEANS PAPER PLATES PLASTIC EATING UTENSILS NAPKINS PAPER
CUPS DRINKING STRAWS PAPER SACKS OR OTHER DISPOSABLE
CONTAINERS OR OTHER. ITEMS WHICH FACILITATE THE
CONSUMPTION OF THE FOOD.
7 SALES OF FOOD, BEVERAGES, CONDIMENTS AND ACCESSORIES TO A
NONPROFIT CHARITABLE ORGANIZATION THAT HAS UALIFIED AS AN
EXEMPT ORGANIZATION UNDER 26 U.S.C. SECTION 501 CI(3 AND
REGULARLY SERVES MEALS TO THE NEEDY AND INDIGENT ON A
CONTINUING BASIS AT NO COST. FOR THE PURPOSES OF THIS
SUBSECTION "ACCESSORIES" MEANS PAPER PLATES PLA EATING
UTENSILS, NAPKINS, PAPER Cu PS, DRINKING STRA'W'S, PAPER SACKS
OR OTHER DISPOSABLE CONTAINERS,_ OR OTHER ITEMS WHICH
FACILITATE THE CONSUMPTION OF THE FOOD.
�d REPORTING. SUCH PERSONS WHO SELL FOOD FOR HOME CONSUMPTION
SHALL, IN CONJUNCTION WITH THE RETURN REQUIRED PURSUANT TO
SECTION 8 -520, REPORT TO THE TAX COLLECTOR IN A _M ANNER PRESCRIBED
Page 31 of 50
EXHIBIT A TO MARANA RESOLUTION NO. 20145 --01. G
2012 -2014 AMENDMENTS TO THE
TAX CODE IMF THE TOWN CAF MARANA
BY THE TAX COLLECTOR ALL SALES OF FOOD FOR HOME CONSUMPTION
EXEMPTED FROM TAXES IMPOSED BY THIS CHAPTER.
(e) RECORDKEEPING.
(1) RETAILERS SHALL MAINTAIN ACCURATE VERIFIABLE AND
COMPLETE RECORDS OF ALL PURCHASES AND SALES OF TANGIBLE
PERSONAL PROPERTY IN ORDER To VERIFY EXEMPTIONS FROM TAXES
IMPOSED BY THIS CHAPTER. A RETAILER MAY USE ANY METHOD OF
REPORTING THAT PROPERLY REFLECTS ALL PURCHASES AND SALES
OF FOOD FOR HOME CONSUMPTION, AS WELL AS ALL PURCHASES AND
SALES OF ITEMS SUBJECT TO TAXES IMPOSED BY THIS CHAPTER
PROVIDED THAT SUCH RECORDS ARE MAINTAINED IN ACCORDANCE
WITH ARTICLE III, AND REGULATIONS OF THE TAX COLLECTOR.
(2) ANY PERSON WHO FAILS To MAINTAIN RECORDS AS PROVIDED
HEREIN SHALL BE DEEMED To HAVE HAD NO SALES OF FOOD FOR
HOME CONSUMPTION, AND IF UPON REQUEST BY THE TAX
COLLECTOR A PERSON CANNOT DEMONSTRATE To THE TAX
COLLECTOR THAT SUCH RECORDS AND REPORTS DO PROPERLY
REFLECT ALL SALES OF FOOD FOR HOME CONSUMPTION, THE _TAX
COLLECTOR MAY RECOMPUTE THE AMOUNT OF TAX TO BE PAID AS
PROVIDED IN SECTIONS 8 -370 AND 8- 545(B).
Section X. Model City Tax Code Section 8 -465 is amended as follows. All than es are
effective July 1 2013 except new subsection mm which is effective January 1 2007.
Sec. 8 -465. Retail sales: exemptions.
Income derived from the -allowing sources is exempt from the tax irnposed by Section 8 -464:
(a) sales of tangible personal property to a person regularly engaged in the br.rsiness of selling
such property.
(b) oLrt -of =Town sales or oUt -of- -State sales.
(c) charges for delivery, installation, or other direct cLrstorner services as prescribed by
Regulation.
(d) charges for repair services as prescribed by Rego 1 ation, when separately charged and
separately maintained in the books and records of the taxpayer.
(e) sales of warranty, rnaintenance, and service contracts, when separately charged and separately
rnaintained iri the books and records of the taxpayer.
Page 32 of 50
EXHIBIT A TO MARANA RESOLUTION NO. 2016- 016
2012 -2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
(f) sales of prosthetics.
(g) sales of income - producing capital equipment.
(h) sales of rental equipment and rental supplies.
(i) sales of mining and metallurgical supplies.
(j} sales of motor vehicle fuel and use fuel which are subject to a tax imposed under the
provisions of Article I or II, Chapter 16, Title 28, Arizona Revised Statutes; or sales of use
fuel to a holder of a valid single trip use fuel tax permit issued under A.R.S. Section 25 -5739,
or sales of natural gas or liquefied petroleum gas used to propel a motor vehicle.
(k) sales of tangible personal property to a construction contractor who holds a valid Privilege
Tax License for engaging or continuing in the business of construction contracting where the
tangible personal property sold is incorporated into any structure or improvement to real
property as part of construction contracting activity.
(l) sales of motor vehicles to nonresidents of this State for use outside this State if the vendor
ships or delivers the motor vehicle to a destination outside this State.
(m) sales of tangible personal property which directly enters into and becornes an ingredient or
component part of a product sold in the regular course of the business of job printing,
manufacturing, or publication of newspapers, magazines, or other periodicals. Tangible
personal property which is consumed or used up in a manufacturing, job printing, publishing,
or production process is not an ingredient nor component part of a product.
(n) sales made directly to the Federal government to the extent of:
(1) one hundred percent (100 %) of the gross income derived from retail sales made by a
manufacturer, modifier, assembler, or repairer.
(2) fifty percent (50 %) of the gross income derived from retail sales made by any other
person.
(o) sales to hotels, bars, restaurants, dining cars, lunchrooms, boarding houses, or similar
establishments of articles consumed as food, drink, or condiment, whether simple, mixed, or
compounded, where such articles are customarily prepared or served to patrons for
consumption on or off the premises, where the purchaser is properly licensed and paying a tax
under Section 5 --455 or the equivalent excise tax upon such income.
(p) sales of tangible personal property to a qualifying hospital, qualifying community health
center or a qualifying health care organization, except when the property sold is for use in
activities resulting in gross income from unrelated business income as that term is defined in
26 U.S.C. Section 512 or sales of tangible personal property purchased in this State by a
nonprofit charitable organization that has qualified under Section 501(c)(3) of the United
States Internal Revenue Code and that engages in and uses such property exclusively for
training, job placement or rehabilitation programs or testing for mentally or physically
handicapped persons.
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EXHIBIT A TO MARANARES0(L0TI0NN NO. 2016-016
2012-2014 AMENDMENTS TO THE
TAXCODEOFTHETOWNOFMARANA
(o)
hi (Reserved)
( ( [D (3)
` ' ` Re '
(s sales of groundwater nmemsur(ngdevicea required by A.R.S. Section 45-604-
A) (Reserved)
(u) sales o[ aircraft acquired for Use out idetho State, as prescribed by Regulation.
(v) sales of food products hy producers as provided for by/\.;l.S.Sections 3'58],3-562 and 3'
563.
(w) (Reserved)
`' ` ' OF FOOD AND DRINK TO A PERSON WHO IS ENGAGED IN
BUSINESS THAT IS CLASSIFIED UNDER THE RESTAURANT CLASSIFICATION
AND THAT PROVIDES SUCH FOOD AND DRINK WITHOUT MONETARY CHARGE
TO ITS EMPLOYEES FOR THEIR OWN CONSUMPTION ON THE PREMISES
DURING SUCH EMPLOYEES'HOURS OF EMPLOYMENT.
h@ (Reserved)
(o) (Reserved)
(um) the mn|c of tangible personal property used in rcxnoJio1(on contracting osdcfined in Section 0'
|00 and Regulation 0-|O0.5.
(bb) sales of materials that are purchased by or [br publicly funded libraries including school
district libraries', charter school libraries, oommuoiLyco\lege libraries, state un(versiLy libraries
or federal, state, county or municipal libraries [br use by the public as follows:
( printed orphotographic materials.
(2) electronic or digital nned(omaterials.
(cc) sales o[ food, beverages, condiments and accessories used for serving food and beverages too
commercial airline, as dcUnu] in A.R.S. Section 42-5061 (A)(49), that serves the food and
beverages 10 its passengers, Without additional charge, for consumption in flight. For the
Purposes Of this Subsection, "accessories" rneans paper plates, plastic eating utensils, napkins,
paper Cups, drinking straws, paper sacks or otlier disposable containers, or other items which
facilitate iheuonsunm[t|on of the food.
(dd) in conmpuiing the tax base in the ooae of the sale or transfer ofwireless b:\ecommuuion1ioo
equipment as an inducement to o ouy1omcr 10 enter into or cmntinuc o contract for
Pa 34 of 50
EXHIBIT A TO MARANA RESOLUTION NO. 2016-016
2012-2014 AMENDMENTS TO THE
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te lecomIll Lill ication services that are taxable under Section 8-470, g ross proceeds of sales or
g ross income does not inClUde an sales commissions or other compensation received b the
retailer as a reSLIlt of the Customer enterin into or continuin a contract for the
telecomi-nUnications services.
( ee ) for the purposes of this Section, a sale of wireless telecommunication e to a person
who holds the e for sale or transfer to a customer as an inducement to enter into or
continue a contract for telecomInI.Mication services that are taxable under Section 8-470 is
considered to be a sale for resale in the re course of business.
( ff sales of alternative fuel as defined in A.R.S. Section 1-215, to a used oil fuel burner who has
received a Department of Environmental Q ualit y permit to burn used oil or used oil fuel under
A.R.S. Section 49-426 or Section 49-480.
sales of food, bevera condiments and accessories to a public educational entit pursuant
to an of the provisions of Title 15, Arizona Revised Statutes, INCLUDING A
REGULARLY ORGANIZED PRIVATE OR PAROCHIAL SCHOOL THAT OFFERS AN
EDUCATIONAL PROGRAM FOR GRADE TWELVE OR UNDER WHICH MAY BE
ATTENDED IN SUBSTITUTION FOR A PUBLIC SCHOOL PURSUANT TO A.R.S. 15-
802; to the extent Such items are to be prepared or served to individuals for consumption Oil
the premises of a public educational entit durin SC11001 hours. For the put-poses of this
subsection, "accessories" means paper plates, plastic eatin utensils, napkins, paper CLI
drinkin straws, paper sacks or other disposable containers, or other items which facilitate the
consumption of the food.
(lih) sales of personal h items to a person en in the business of and Subject to tax Linder
Section 8-444 of this code if the tan personal propert is furnished without additional
char to and intended to be COIISLit-ned b the person &II•in his occupanc
(ii} for the purposes of this Section, the diversion of g as fi•om a pipeline b a person en in
the business of operatin a natural or artificial g as pipeline, for the sole purpose of fuelin
compressor e to pressurize the pipeline, is not a sale of the g as to the operator of the
pipeline.
6j) sales of food, bevera condiments and accessories to a nonprofit charitable or
that has q ualified as an exempt or Linder 26 U.S.C. Section 501(c }(3} and re
serves meals to the need and indi on a Continuin basis at no cost. For the purposes of
this Subsection, "accessories" means paper plates, plastic eatin utensils, napkins, paper cups,
drinkin straws, paper sacks or other disposable containers, or other items which facilitate the
consumption of the food.
(kk) sales of motor vehicles that use alternative fuel if Such vehicle was manufactured as a diesel
fuel vehicle and converted to operate on alternative fuel and sales of e that is
installed in a conventional diesel fuel motor vehicle to convert the vehicle to operate on an
alternative fuel, as defined in A.R.S. Section 1-215.
Pa 35 of 50
EXHIBIT A To MARANA RESOLUTION NO, 2016 -016
2012 -2014 AMENDMENTS To THE
TAX CODE OF THE T[)WN OF MARANA
1 l� sales of solar energy devices, for taxable periods beginning from and after July 1, 2008. The
retailer shall register with the department of revenue as a solar energy retailer. By registering,
the retailer acknowledges that it will make its books and records relating to sales of solar
energy devices available to the department of revenue and Town, as applicable, for
examination.
MM SALES OR OTHER TRANSFERS OF RENEWABLE ENERGY CREDITS OR ANY
OTHER UNIT CREATED TO TRACK ENERGY DERIVED FROM RENEWABLE
ENERGY RESOURCES. FOR THE PURPOSES OF THIS PARAGRAPH "RENEWABLE
ENERGY CREDIT" MEANS A UNIT CREATED ADMINISTRATIVELY BY THE
CORPORATION COMMISSION OR GOVERNING BODY OF A PUBLIC POWER
UTILITY TO TRACK KILOWATT HOURS OF ELECTRICITY DERIVED FROM A
RENEWABLE ENERGY RESOURCE OR THE KILOWATT HOUR EQUIVALENT OF
CONVENTIONAL ENERGY RESOURCES DISPLACED BY DISTRIBUTED
RENEWABLE ENERGY RESOURCES.
NN SALES OF MAGAZINES OR OTHER PERIODICALS OR OTHER PUBLICATIONS BY
THIS STATE TO ENCOURAGE TOURIST TRAVEL.
SALES OF PAPER MACHINE CLOTHING SUCH AS FORMING FABRICS AND
DRYER FELTS SOLD TO A PAPER MANUFACTURER AND DIRECTLY USED OR
CONSUMED IN PAPER MANUFACTURING.
SALES OF OVERHEAD MATERIALS OR OTHER TANGIBLE PERSONAL
PROPERTY THAT IS USED IN PERFORMING A CONTRACT BETWEEN THE
UNITED STATES GOVERNMENT AND A MANUFACTURER. MODIFIER
ASSEMBLER OR REPAIRER, INCLUDING PROPERTY USED IN PERFORMING A
SUBCONTRACT WITH A GOVERNMENT CONTRACTOR WHO IS A
MANUFACTURER, MODIFIER., ASSEMBLER OR REPAIRER, TO WHICH TITLE
PASSES TO THE GOVERNMENT UNDER THE TERMS OF THE CONTRACT OR
SUBCONTRACT.
Q SALES OF COAL. PETROLEUM COKE,, NATURAL GAS VIRGIN FUEL OIL AND
ELECTRICITY SOLD TO A QUALIFIED ENVIRONMENTAL TECHNOLOGY
MANUFACTURER, PRODUCER OR PROCESSOR AS DEFINED IN A.R.S. SECTION
41- 1514.02 AND DIRECTLY USED OR CONSUMED IN THE GENERATION OR
PROVISION OF ON -SITE POWER OR ENERGY SOLELY FOR ENVIRONMENTAL
TECHNOLOGY MANUFACTURING PRODUCING OR PROCESSING OR
ENVIRONMENTAL PROTECTION. THIS PARAGRAPH SHALL APPLY FOR
TWENTY FULL CONSECUTIVE CALENDAR OR FISCAL YEARS FROM THE DATE
THE FIRST PAPER MANUFACTURING MACHINE IS PLACED IN SERVICE. IN THE
CASE OF AN ENVIRONMENTAL TECHNOLOGY MANUFACTURER PRODUCER
OR PROCESSOR WHO DOES NOT MANUFACTURE PAPER THE TIME PERIOD
SHALL BEGIN WITH THE DATE THE FIRST MANUFACTURING, PROCESSING OR
PRODUCTION EQUIPMENT IS PLACED IN SERVICE.
Page 36 of 50
EXHIBIT Al[O MARANA RESOLUTION NO. 2016-016
2012-2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
SALES OR GROSS INCOME DERIVED FROM SALES OF MACHINE
EQUIPMENT, MATERIALS AND OTHER TANGIBLE PERSONAL PROPERTY USED
DIRECTLY AND PREDOMINANTLY TO CONSTRUCT A--_-_QUALIFIED
ENVIRONMENTAL TECHNOLOGY MANUFACTURING., PRODUCING OR
PROCESSING FACILITY AS DESCRIBED IN A.R.S. SECTION 41-1514.02. THIS
SUBSECTION APPLIES FOR TEN FULL CONSECUTIVE CALENDAR OR FISCAL
YEARS AFTER THE START OF INITIAL CONSTRUCTION.
Section X1. Model City Tax Code Section 8-480 is amended as follows, with an effective
date of January 1, 2007.
Sec. 8-480. Utilit services.
(d The Lan rote shall be at an amount equal 10 four and one-half percent (4.5%) of the gross
income from the business activity upon every person engaging or continuing in the business
of producing, providin or furnishin od\hv services, includin electricity, electric lights,
current, poner, gas (natural oruuiOcusU"or water to:
( consumers or ratepayers who reside within the Town.
(2) consumers or ratepayers of this Town, whether within the Town or without, to the
extent that this Town provides such persons utility services, excluding consumers or
ratepayers who are residents of another city or town which levies au equivalent excise
tax upon this Town for providin such utilit services to such persons.
(b) the provisions of
subsection (a) above, the gross income derived from the sale o[ natural gas 1oa public utility
for the purpose of generation of power tobe transferred hv the utility 10 its ratepayers shall be
considered a retail sale of tangible personal property subject to Sections 8-460 and 8-465, and
not considered g ross income taxable under this Section.
Resale utili1y services. Sales of utility services io another provider ofthe same utility services
for the purpose of providing such utility services either to another properly licensed utility
provider or directly to such purchaser's customers or ratepayers ahu\ be ezornpi and
deductible from the cross income subject to the tax imposed hv this Section, provided that the
purchaser is properly licensed by all applicable taxing jurisdictions to engage or continue in
the business of providing utility services, and further provided that the seller maintains proper
documentation', in a manner similar to that for sales for resale,, of such transactions.
(d) Tax credit offset for franchise fees. There ybo|| be allowed as on offset any franchise fees paid
to the Town pursuant to the terms of a franchise agreement. However, such offset shall not be
allowed against taxes imposed by any other Section of this Chapter. Such offsets shall not be
deemed in conflict with or violation ofsubsection 8-400(b).
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EXHIBIT A TO MARANA RESOLUTION NO. 2016-016
2012-2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
fie} The tax unposed by this Section shall not apply to sales of utility services to a qualifying
hospital, qualifying community health center or a qualifying health care organization, except
when sold for use in activities resulting in gross income frorn unrelated business income as
that term is defined in 26 U.S.C. Section 512.
�f} The tax imposed by this Section shall not apply to sales of natural gas or liquefied petroleum
gas used to propel a motor vehicle.
(g) The tax imposed by this Section shall not apply to:
�1 } revenues received by a municipally owned utility in the form of fees charged to
persons constructing residential, commercial or industrial developments or
connecting residential, commercial or industrial developments to a municipal utility
system or systems if the fees are segregated and used only for capital expansion,
system enlargement or debt service of the utility system or systems.
(2) revenues received by any person or persons owning a utility system in the form of
reimbursement or contribution compensation for property and equipment installed to
provide utility access to, on or across the land of an actual utility consumer if the
property and equipment become the property of the utility. This exclusion shall not
exceed the value of such property and equipment.
(h) The tax imposed by this Section shall not apply to sales of alternative fuel as defined in
A.R.S. Section 1 --215, to a used oil fuel burner who has received a Department of
Environmental Quality permit to burn used oil or used oil fuel under A.R.S. Section 49 -426 or
Section 49 -480.
THE TAX IMPOSED BY THIS SECTION SHALL NOT APPLY TO SALES OR OTHER
TRANSFERS OF RENEWABLE ENERGY CREDITS OR ANY OTHER UNIT CREATED
TO TRACK ENERGY DERIVED FROM RENEWABLE ENERGY RESOURCES. FOR
THE PURPOSES OF THIS PARAGRAPH "RENEWABLE ENERGY CREDIT" MEANS
A UNIT CREATED ADMINISTRATIVELY BY THE CORPORATION COMMISSION
OR GOVERNING BODY OF A PUBLIC POWER UTILITY TO TRACK. KILOWATT
HOURS OF ELECTRICITY DERIVED FROM A RENEWABLE ENERGY RESOURCE
OR THE KILOWATT HOUR EQUIVALENT OF CONVENTIONAL ENERGY
RESOURCES DISPLACED BY DISTRIBUTED RENEWABLE ENERGY RESOURCES.
THE TAX IMPOSED BY THIS SECTION SHALL NOT APPLY TO THE PORTION OF
GROSS PROCEEDS OF SALES OR GROSS INCOME ATTRIBUTABLE TO
TRANSFERS OF ELECTRICITY BY ANY RETAIL ELECTRIC CUSTOMER OWNING
A SOLAR PHOTOVOLTAIC ENERGY GENERATING SYSTEM TO AN ELECTRIC
DISTRIBUTION SYSTEM IF THE ELECTRICITY TRANSFERRED IS GENERATED
BY THE CUSTOMER'S SYSTEM.
K} (RESERVED)
Page 38 of 50
EXHIBIT A TO MARANA RESOLUTION NO. 2016-016
2012-2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
Section X11. Model City Tax Code Section 8-485 is amended as follows, with an effective
date of July 1, 2 013.
Sec. 8-485. ( JR.P.S. erizee*,J)k3wyASTEWATER REMOVAL SERVICES
(a) THE TAX RATE SHALL BE AN AMOUNT EQUAL TO ZERO PERCENT ( 0%) OF THE
GROSS INCOME FROM THE BUSINESS ACTIVITY UPON EVERY PERSON
ENGAGING OR CONTINUING IN THE BUSINESS OF PROVIDING WASTEWATER
REMOVAL SERVICES BY MEANS OF SEWER LINES OR SIMILAR PIPELINES TO:
CONSUMERS OR RATEPAYERS WHO RESIDE WITHIN THE TOWN.
2) CONSUMERS OR RATEPAYERS OF THIS TOWN, WHETHER WITHIN THE
TOWN OR WITHOUT, TO THE EXTENT THAT THIS TOWN PROVIDES
SUCH PERSONS WASTEWATER REMOVAL SERVICES, EXCLUDING
CONSUMERS OR RATEPAYERS WHO ARE RESIDENTS OF ANOTHER
CITY OR TOWN WHICH LEVIES AN EQ UIVALENT EXCISE TAX UPON
THIS TOWN FOR PROVIDING SUCH WASTEWATER REMOVAL SERVICES
TO SUCH PERSONS.
b) THE TAX IMPOSED BY THIS SECTION SHALL NOT APPLY TO GROSS INCOME
RELATING TO THE PROVIDING OF WASTEWATER REMOVAL SERVICES FROM A
Q UALIFYING HOSPITAL, Q UALIFYING COMMUNITY HEALTH CENTER OR A
Q UALIFYING HEALTH CARE ORGANIZATION.
Section X111. Model Ci ax Code, Appendix IV, Se ction 8-570 is amended as follows
to conform the Appendix lan with prior changes made to Section 8-570 of the
Model language, with an effective date of July 1, 2008,
Sec. 8 -570. Administrative review petition for hearin or for redetermination; finalit of order. (State
Administration and Audits
(a) Closin agreements between the Tax Collector and a taxpa have no force of law unless
made in accordance with the provisions of A.R.S. Section 42-1113.
NJ
Administrative review.
(1) Petitions of appeal shall be made to, and hearin shall be conducted b the Arizona
Department of Revenue, in accordance with the provisions of A.R.S. Section 42-
1251, as modified b Section 8-571.
( 2 ) (Reserved)
Pa 39 of 50
EXHIBIT A TO MABANA RESOLUTION No. 2016 -016
2012 -2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF NIARANA
(3) (Reserved)
(4) (Reserved)
(5) Hearings shall be held by the Arizona Department of Revenue in accordance with the
provisions of A.R.S. Section 42 -1251. The Department's decision may be appealed to
the State Board of Tax Appeals, in accordance with the provisions of A.R.S. Section
42 -1253.
(6) (Reserved)
(7) (Reserved)
(S) (Reserved)
(c) (Reserved)
(d) (Reserved)
(e) Taxpayers shall be subject to the state taxpayer bill of rights (A.R.S. § 42 -2051 et. seq.).
Sec. 5 -570. Administrative review; petition for hearing or for redetermination; finality of order. (Local
Audits)
For the purposes of this section, "Municipal Tax Hearing Office" means the administrative offices of the
Municipal Tax Hearing Officer.
(a) Informal Conference. A taxpayer shall have the right to discuss any proposed assessment with
the auditor prior to the issuance of any assessment, but any such informal conference is not
required for the taxpayer to file a petition for administrative review.
(b) Administrative Review.
(1) Filing a Petition. Other than in the case of a jeopardy assessment, a taxpayer may
contest the applicability or amount of tax, penalty, or interest imposed upon or paid
by him pursuant to this Chapter by filing a petition for a hearing or for
redetermination with the Tax Collector as set forth below:
(A) within forty -five (45) days of receipt by the taxpayer of notice of a
determination by the Tax Collector that a tax, penalty, or interest amount is
due, or that a request for refund or credit has been denied; or
(B) by voluntary payment of any contested amount when accompanied by a
timely filed return and a petition requesting a refund of the protested portion
of said payment; or
(C) by petition accompanying a timely filed return contesting an amount reported
but not paid; or
(D) by petition requesting review of denial of waiver of penalty as provided in
subsection 8- 540(8).
Page 40 of 50
EX]HIBITA TO MARANA RESOLUTION NO. 2016-016
2012'2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
CD Extension to file a petition. ln all cases, the taxpayer may request
extension from the Tax Collector. Such request must be in writing, state the reasons
for the requested delay and must be fi!edwith the Tax
Collector within the period allowed above for originally fi\ingo petition. The Tax
Collector shall allow extension 10 file apct(tion,
when such written request has been properly and timely made hy the 1ax
&Aly fifin a netition. THE TAX COLLECTOR MAY GRANT AN
ADDITIONAL EXTENSION AND MAY DETERMINE THE CORRESPONDING
TIME OF ANY SUCH EXTENSION AT HIS SOLE DISCRETION.
(3 Re for petition.
(A) The petition shall be in writing and shall set forth the reasons why any
correction, abatement, or refund abouk] be granted, and the amount of
reduction or refund requested. The petition may be amended at any time
prior to the time the taxpayer rests his case at the hearing or such time as the
Hearing Officer allows for submitting of amendments incases of
rcde1enmina1iona without hearings. The Beoz(n8 Officer may require that
amendments be in writing, and in that case, he shall provide ao:osonoble
period of time io file the amendment. The Hearing [)ffioershall provide u
reasonable period of time for the Tax Collector to review and respond to the
petition and to any written amendments.
(13) The taxpayer, am part of the petition, may request a hearing which shall br
granted hv the Hearing Officer. [[no request for hearing is made the petition
shall be considered to be submitted for decision by the Hearing Officer on
the matters contained in the petition and in any reply made by the Tax
Collector.
(C) The provisions of this Section are exclusive, and no petition seeking any
correction, abatement, or refund shall be considered unless the petition is
timely and properly filed under the Section.
(4) Transmittal to Hearing Officer. The city/town shall designate a Hearing [)ffiuer,who
may be other than an employee of the (city/town). The Tax Collector, if designated to
receive petitions, shall forward any petition to the Municipal Tux Hearing Officer
within twenty (20) days after receipt, auoornpom\ed by documentation as to
tirnr\\nema. In cases where the Hearing Officer determines that the petition is not
timely or not in proper form, he shall notify both the taxpayer and the Tax Collector;
and in nomcs of petitions not in proper form only" the Hearing Officer shall provide
the taxpayer with an extension up1ofbrty'five(45) days Lo correct the petition.
(5) Hearings shall be conducted bya Hearing Offioorand shall bc continuous until the
Hearing Officer closes the record. The taxpayer may be heard in person or by his
authorized representative at such hearing. Hearings shall be conducted informally as
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EXHIBIT A TO MARANA RESOLUTION NO. 2016- 016
2012 -2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
to the order of proceeding and presentation of evidence. The Hearing Officer shall
admit evidence over hearsay objections where the offered evidence has substantial
probative value and reliability. Further, copies of records and documents prepared in
the ordinary course of business may be admitted, without objection as to foundation,
but subject to argument as to weight, admissibility, and authenticity. Summary
accounting records may be admitted subject to satisfactory proof of the reliability of
the summaries. In all cases, the decision of the Hearing Officer shall be made solely
upon substantial and reliable evidence. All expenses incurred in the hearing shall be
paid by the party incurring the same.
(6) Redeterminations upon a "petition for redetermination" shall follow the same
conditions, except that no oral hearing shall be held.
(7) Hearing Ruling. In either case, the Hearing Officer shall issue his ruling not later than
forty -five (45) days after the close of the record by the Hearing Officer.
(8) Notice of Refund or Ad'usted Assessment. within sixty (60) days of the issuance of
the Hearing Officer's decision, the Tax Collector shall issue to the taxpayer either a
notice of refund or an adjusted assessment recalculated to conform to the Hearing
Officer's decision.
(c) Sti ulations that future tax is also protested. A taxpayer may enter into a stipulation with the
Tax Collector that future taxes of similar nature are also at issue in any protest or appeal.
However, unless such stipulation is made, it is presumed that the protest or appeal deals solely
and exclusively with the tax specifically protested and no other. When a taxpayer enters into
such a stipulation with the Tax Collector that future taxes of similar nature will be included in
any redetermination, hearing, or court case, it is the burden of that taxpayer to identify,
segregate, and keep record of such income or protested taxable amount in his books and
records in the same manner as the taxpayer is required to segregate exempt income.
(d) When an assessment is final.
(1) If a request for administrative review and petition for hearing or redetermination of
an assessment made by the Tax Collector is not filed within the period required by
subsection (b) above, such person shall be deemed to have waived and abandoned the
right to question the amount determined to be due and any tax, interest, or penalty
determined to be due shall be final as provided in subsections 8- 545(a) and 8- 5550.
(2) The decision made by the Hearing Officer upon administrative review by hearing or
redetermination shall become final thirty (30) days after the taxpayer receives the
notice of refund or adjusted assessment required by subsection (b)(8) above, unless
the taxpayer appeals the order or decision in the manner provided in Section 8 -575.
(e) The provisions of the state taxpayer bill of rights (A.R.S. Section 42 -2051 et. seq.) shall not
apply.
Page 42 of 50
EXHIBIT A TO MARANA RESOLUTION NO. 2016-016
2012 -2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARA.NA
Section KIV. Model CitV Tax Code Section 8 -660 is amended as follows. All changes are
effective July 1 2013 except new subsection mm which is effective January 1 20070
Sec. 8-660. Use tax: exemptions.
The storage or use in this Town of the following tangible personal property is exempt from the Use Tax
imposed by this Article:
(a) tangible personal property brought into the Town by an individual who was not a resident of
the Town at the time the property was acquired for his own use, if the first actual use of such
property was outside the Town, unless such property is used in conducting a business in this
Town.
(b) tangible personal property, the value of which does not exceed the amount of one thousand
dollars ($1,000) per item, acquired by an individual outside the limits of the Town for his
personal use and enjoyment.
(c) charges for delivery, installation, or other customer services, as prescribed by Regulation.
(d) charges for repair services, as prescribed by Regulation.
(e) separately iternized charges for warranty, maintenance, and service contracts.
(f) prosthetics.
(g) income - producing capital equipment.
(h) rental equipment and rental supplies.
(i) mining and metallurgical supplies.
(j) motor vehicle fuel and use fuel which are used upon the highways of this State and upon
which a tax has been imposed under the provisions of Article 1 or 11, Chapter 16, Title 28,
Arizona Revised Statutes.
(k) tangible personal property purchased by a construction contractor, but not an owner - builder,
when such person holds a valid Privilege License for engaging or continuing in the business
of construction contracting, and where the property acquired is incorporated into any structure
or improvement to real property in fulfillment of a construction contract.
(1) sales of motor vehicles to nonresidents of this State for use outside this State if the vendor
ships or delivers the motor vehicle to a destination outside this State.
(m) tangible personal property which directly enters into and becomes an ingredient or component
part of a product sold in the regular course of the business of job printing, manufacturing, or
publication of newspapers, magazines or other periodicals. Tangible personal property which
IS c011sLImed or used up in a manufacturing, jab printing, publishing, or production process is
not an ingredient nor component part of a product.
Page 43 of 50
EXJHDBDTA TO MARANARES0yLU]TI@N NO. 2016-016
2012-2084 AMENDMENTS TO THE
TAXCODEOFTHETOWNOFMARANA
(11) rental, leasing, or licensing for use of film, tape, mslides by a theater or other person taxed
under Section N'4\O"orhvu radio station, television station, or subscription 1elevisionsystenn.
( food served to patrons for u consideration hv any person engaged innbusiness properl
licensed and taxed under Section 8-455 but not food consumed by owneny" agents,, or
employees o[ such business.
(n) tangible personal property acquired by u qualifying hospital, qualifying community hooi(h
center oraqualifying health care organization, except when the property is in fact used in
oo({videa resulting in gross income from unrelated bua|neam income as that term is defined in
26 U.S.C. 8ccbun 512.
kd `' ` Re '
(i)
(4) (Reserved)
kA groundwater nmcaauhng devices required hvA.DLS. Section 45-604.
M ( Reserved )
(u) aircraft acquired for use outside the State, as prescribed by QcgukUkxn.
kA sales of food products by producers as provided for hvA.VL.S. Sections 3-561, 3-562 and 3-
563.
(w) (Reserved)
AND DRINK PROVIDED BY A PERSON WHO IS ENGAGED IN
(x) If
BUSINESS THAT IS CLASSIFIED UNDER THE RESTAURANT CLASSIFICATION
WITHOUT MONETARY CHARGE TO ITS EMPLOYEES FOR THEIR OWN
CONSUMPTION ON THE PREMISES DURING SUCH EMPLOYEES'HOURS OF
(Y) Tangible personal property donated to all organization or entity qualifying as all exempt
organization under 260.S.0 Section 50|(o)(3);i[ and on|yi[
(|) thedonoriseugugodmrcontinuinginohusinessao1ivityauhieo((ou1az|nmposcdhv
Article IV; and
(2) the donor originally purchased the donated property for resale in tile ordinary Course
uf tile donor's business; and
(3) the donor obtained from the donee o letter or other evidence satisfactory Lothe Tax
Collector o[quul|Oon{ion under 26 U.S.C. Section 501(u)(3) [mm the Internal
Revenue Service or other appropriate federal a and
Pa 44 of 50
EXHIBIT A TO MARANA RESOLUTION NO. 201.6-016
2012-2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OFMARANA
( 4 ) the donor maintains, and provides upon demand, Such evidence to the Tax Collector,
in a manner similar to other documentation re under Article 111.
W ( Reserved )
( aa ) tan personal propert used in remediation contractin as defined in Section 8-100 and
Re 8-100.5.
( bb ) materials that are purchased b or for publicl funded libraries includin school district
libraries, charter school libraries, communit colle libraries, state universit libraries or
federal, state, Count Or municipal libraries for use b the public as follows:
(1) printed or photo materials.
( 2 ) electronic or di media materials.
( cc ) food, bevera condiments and accessories used for servin food and bevera b a
commercial airline, as defined in A.R.S. Section 42-5061 that serves the food and
bevera to its passen without additional char for COIISLI111pti011 in fli For the
purposes of this Subsection, "accessories" means paper plates, plastic eatin utensils, napkins,
paper Cups, drinkin straws, paper sacks or other disposable containers, or other items which
facilitate the CO11SL1111ptiO11 of the food.
(dd wireless telecommunication e that is held for sale or transfer to a customer as an
inducement to enter into or continue a contract for telecom III Lin ication set-vices that are
taxable Under Section 8-470.
( ee ) ( Reserved)
(ff) alternative fuel as defined in A.R.S. Section 1-215, b a used oil fuel burner who has received
a Department of Environmental Qualit permit to burn. used Oil Or used oil fUCI Under A.R.S.
Section 49-426 or Section 49-480.
(gg) food, bevera condiments and accessories purchased b or for a public educational entit
P ursuant to an of the provisions of Title 15, Arizona Revised Statutes, INCLUDING A
REG U LA RLY ORGAN WED PRIVATE OR PAROCHIAL SCHOOL THAT OFFERS AN
EDUCATIONAL PROGRAM FOR GRADE TWELVE OR UNDER WHICH MAY BE
ATTENDED IN SUBSTITUTION FOR A PUBLIC SCHOOL PURSUANT TO A.R.S. 15-
802; to the extent Such items are to be prepared or served to individuals for consumption on
the premises of a public educational entit durin school hours. For the purposes of this
Subsection, "accessories" means paper plates, plastic eatin utensils, napkins, paper cups,
drinkin straws, paper sacks or other disposable containers, or other items which facilitate the
C011SLIMptiOn of the food.
personal h items purchased b a person en in the business of and subject to tax
under Section 8-444 of this code if the tan personal propert is furnished withOLIt
additional char to and intended to be consumed b the person durin his OCCLIpanc
Pa 45 of 50
EXHIBIT A TO MARANA RESOLUTION NO. 2016-016
2012-2014 AMENDMENTS TO THE
TAX MODE OF THE TOWN OF MARANA
the diversion of gas from a pipeline by a person engaged in the business of operating a natural
or artificial gas pipeline, for the sole purpose of fueling compressor equipment to pressurize
the pipeline, is not a sale of the gas to the operator of the pipeline.
(jj) food, beverages, condiments and accessories purchased by or for a nonprofit charitable
organization that has qualified as an exempt organization under 26 U.S.C. Section 501(c)(3)
and regularly serves meals to the needy and indigent on a C11tinuing basis at no cost. For the
purposes of this subsection, "accessories" means paper plates, plastic eating utensils, napkins,
paper cups, drinking straws, paper sacks or other disposable containers, or other items which
facilitate the consumption of the food.
(kk) sales of motor Vehicles that use alternative fuel if such Vehicle was manufactured as a diesel
fuel vehicle and converted to operate on alternative fuel and sales of equipment that is
installed in a conventional diesel fuel motor Vehicle to convert the Vehicle to operate on an
alternative fuel, as defined in A.R.S. Section 1 -215.
(11) The storage, use or corrsurnption of tangible personal property in the city or town by a school
district or charter school.
RENEWABLE ENERGY CREDITS OR ANY OTHER UNIT CREATED TO TRAM{
ENERGY DERIVED FROM RENEWABLE ENERGY RESOURCES. FOR THE
PURPOSES OF THIS PARAGRAPH "RENEWABLE ENERGY CREDIT" MEANS A
UNIT CREATED ADMINISTRATIVELY BY THE CORPORATION COMMISSION OR
GOVERNING BODY OF A PUBLIC POWER UTILITY TO TRACK KILOWATT
HOURS OF ELECTRICITY DERIVED FROM A RENEWABLE ENERGY RESOURCE
OR THE KILOWATT HOUR EQUIVALENT OF CONVENTIONAL ENERGY
RESOURCES DISPLACED BY DISTRIBUTED RENEWABLE ENERGY RESOURCES.
MAGAZINES OR OTHER PERIODICALS OR OTHER PUBLICATIONS BY THIS
STATE TO ENCOURAGE TOURIST TRAVEL.
PAPER MACHINE CLOTHING, SUCH AS FORMING FABRICS AND DRYER FELTS,
SOLD TO A PAPER MANUFACTURER AND DIRECTLY USED OR CONSUMED IN
PAPER MANUFACTURING.
OVERHEAD MATERIALS OR OTHER. TANGIBLE PERSONAL PROPERTY THAT IS
USED IN PERFORMIN A CONTRACT BETWEEN THE UNITED STATES
GOVERNMENT AND A MANUFACTURER MODIFIER ASSEMBLER OR
REPAIRER, INCLUDING PROPERTY USED IN PERFORMING A SUBCONTRACT
WITH A GOVERNMENT CONTRACTOR WHO IS A MANUFACTURER MODIFIER
ASSEMBLER OR REPAIRER TO WHICH TITLE PASSES TO THE GOVERNMENT
UNDER. THE TERMS OF THE CONTRACT OR SUBCONTRACT.
(� COAL PETROLEUM COKE. NATURAL GAS VIRGIN FUEL OIL AND
ELECTRICITY SOLD TO A QUALIFIED ENVIRONMENTAL TECHNOLOGY
MANUFACTURER PRODUCER OR PROCESSOR AS DEFINED IN A.R.S. SECTION
41-1514.02 AND DIRECTLY USED OR CONSUMED IN THE GENERATION OR
Page 46 of 50
EXHIBIT A TO MARANA RESOLUTION NH. 2016-016
2012 -2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
PROVISION OF ON -SITE POWER OR ENERGY SOLELY FOR ENVIRONMENTAL
TECHNOLOGY MANUFACTURING, PRODUCING OR PROCESSING OR
ENVIRONMENTAL PROTECTION. THIS PARAGRAPH SHALL APPLY FOR
TWENTY FULL CONSECUTIVE CALENDAR OR FISCAL YEARS FROM THE DATE
THE FIRST PAPER MANUFACTURING MACHINE IS PLACED IN SERVICE. IN THE
CASE OF AN ENVIRONMENTAL TECHNOLOGY MANUFACTURER PRODUCER
OR PROCESSOR WHO DOES NOT MANUFACTURE PAPER THE TIME PERIOD
SHALL BEGIN WITH THE DATE THE FIRST MANUFACTURING PROCESSING OR
PRODUCTION EQUIPMENT IS PLACED IN SERVICE.
MACHINERY, EQUIPMENT, MATERIALS AND OTHER TANGIBLE PERSONAL
PROPERTY USED DIRECTLY AND PREDOMINANTLY TO CONSTRUCT A
UALIFIED ENVIRONMENTAL TECHNOLOGY MANUFACTURING PRODUCING
OR PROCESSING FACILITY AS DESCRIBED IN A.R.S. SECTION 41-1514.02. THIS
SUBSECTION APPLIES FOR TEN FULL CONSECUTIVE CALENDAR OR FISCAL
YEARS AFTER THE START OF INITIAL CONSTRUCTION.
(RESERVED)
Section XV■ Model City Tax Code Regulation 5 -120.1 is re ealed with an effective date
of July 1, 20130
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Page 47 of 50
EXHIBIT A TO MARANA RESOLUTION NO, 2016-016
2012-2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
'Ash
AMWANE owA = UM
Section XV1. Model City Tax Code Regulation 8-270.1 is amended as follows, with an
effective date of July 1, 2013.
Re 8-270.1. Proprietar activities of municipalities are not considered activities of a g overnmental
entit
The followin activities, when performed b a municipalit are considered to be activities of a person en
in business for the purposes of this Chapter, and not excludable b reason of Section 8-270:
( a ) rental, leasin or licensin for use of real propert to other than another department or a
of the municipalit
(b) producin providin or furnishin electricit electric li current, power, g as ( natural or
artificial), or water to consumers or ratepa
(c) sale of tan personal propert to the public, when similar tan personal propert is
available for sale b other persons, as, for example, at police or surplus auctions.
( d )
PROVIDING WASTEWATER REMOVAL SERVICES TO CONSUMERS OR
RATEPAYERS BY MEANS OF SEWER LINES OR SIMILAR PIPELINES.
Section XVIL Model City Tax Code Re 8-460.1 is amended as follows, with an
effective date of July 1, 20130
Re 8-460.1. Distinction between retail sales and certain other transfers of tan personal propert
(a) Char for transfer of tan personal propert included in the g ross income of the business
activit of persons en in the followin business activities shall be deemed onl as g ross
income from such business activit and not sales at retail taxed b Section 8-460:
(1) tan personal propert incorporated into real propert as part of reconstruction or
construction contractin per Sections 8-415 throu 8-418.
(2) ( Reserved )
(3) job printin per Section 8-425.
( 4 ) minin timberin and other extraction, but not sales of sand, g ravel, or rock
extracted from the g round, per Section 8-430.
Pa 48 of 50
EXHIBIT TOMARANA RESOLUTION NO. 2016-016
2082-2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
iS\ publication of newspapers, magazines, and other periodicals, per Section 8-435.
kB rental, leasing, and licensing of real or tangible personal property, per Sections 8'445
or 8-450.
( 7 ) y estaurants and bars, per Section 8-455.
(7)( FOOD FOR HOME CONSUMPTION, PER SECTION 8-462.
teleoommunica1ous services, per Section 0-470.
A9)(0) utility services, per Section 8-480.
( 11 ) WASTEWATER REMOVAL SERVICESI ER SECTION 8-485.
`-' Distinction between construction contractin retail, and certain direct customer service
( When om item is attached or installed om real property, itiaaconstruction contractin
uo1h/hv and any subsequent repair, removal, or replacement of that benz is
construction
(2) Items attached or installed oo tangible personal property are retail sales.
(3) Transactions vvbore no tangible personal property in attached or installed are
considered direct customer mc/v|oe activities (for example: carpet cleaning, !opvo
mowing, landscape maintenance).
(4) Demolition, cadb moving, and wrecking activities are considered construction
contracting.
(u) The sale of sand, rock, and aravel extracted from the wound shall be deemed msa!e of
tangible personal property and not mining or metallurgical activity.
(d) Sale of consumable goods incorporated into or applied to real property im considered aretail
sale and not construction contracting. Examples of consumable goods are lubricants, faucet
washers, and air conditioning coolant, but not paint.
(e) Installation or removal of tangible personal provejj which has independent functional ut
io considered a retail activity.
(l) "Tangible personal property which has independent functional utility" must be able to
substantially perform its function(s) without attachment to real property. "Attachment
to n:a) property" must include more than connection 10 water, power,, gas,
oornmnuniootion,or other service.
(2) Examples of tangible personal property which has independent functional utility
include artwork, furnishings, "plug-in" kitchen equipment, or similar items installed
by bolts or similar fastenings.
Pa 49 of 50
EXHIBIT A To MARANA RESOLUTION No. 2016-016
2012-2014 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF MARANA
(3) Examples of tangible personal property which does not have independent functional
utility include wall -to --wall carpeting, flooring, wallpaper, kitchen cabinets, or "built -
in" dishwashers or ranges.
(4) The installation of window coverings (drapes, mini - blinds, etc.) is always a retail
activity.
Page 50 of 50