Legal Research
In this area, you will find topics regarding Decisions, Rulings, Procedures, and Private Taxpayer Rulings from the Arizona Department of Revenue:
- Arizona Administrative Code - the official rules of the state of Arizona are published. The Code is the official compilation of rules that govern state agencies, boards, and commissions.
- Arizona Revised Statutes - the statutory laws for the state of Arizona.
Find topics regarding Decisions, Rulings, Procedures, and Private Taxpayer Rulings from the Arizona Department of Revenue:
- Decisions from the Arizona Department of Revenue Hearing Office and the Director’s Office
- Private Taxpayer Rulings/Taxpayer Information Rulings - the department's interpretation of the law or rules only as they apply to the taxpayer and facts contained in the request
- Tax Procedure - provides procedural guidance to the general public to assist in the implementation of tax laws, administrative rules, and tax rulings
- Tax Rulings - written statement of the Arizona Department of Revenue's position interpreting the Arizona tax law and applying the law to a specific set of facts or a particular tax situation
- Draft Documents - In an ongoing effort to interact with and inform the public regarding issues relating to taxation, we would appreciate your written comments on these drafts. We will review all comments that are received by the noted due dates and make any appropriate revisions before issuing the final documents. For your convenience, you may submit your comments using the contact information provided on the cover page for each draft document
- Conformity to IRC Each year the Arizona legislature considers whether to amend Arizona Revised Statutes § 43-105 to conform to changes made to the Internal Revenue Code during the prior year. On February 14, 2011, the Governor signed House Bill 2008 which conformed to the definition of federal adjusted gross income including federal changes made during 2010 and did not add any new non-conformity additions or subtractions. However, all of the additions and subtractions created for non-conformity purposes for 2009 as well as prior non-conformity adjustments for issues such as bonus depreciation or the increased § 179 expenses are still in place.
| Document Type | Category | Document ID | Description | Tags | Decision Date |
|---|---|---|---|---|---|
| Decisions | Individual Income Tax | 201200214-I |
The method of determining income taxable by Arizona prescribed by ITR 93 20 is equally applicable whether a married couple, one of whom is a part-year Arizona resident, files separate returns or a joint return. |
Hearing | 03/07/2013 |
| Decisions | Individual Income Tax | 201200229-I |
Taxpayer abandoned Arizona residency for tax year at issue. Taxpayer was not subject to Arizona income tax on income earned from non-Arizona sources. |
Hearing | 01/23/2013 |
| Decisions | Individual Income Tax | 201200224-I |
Taxpayers did not establish they abandoned Arizona residency when Husband accepted out-of-state employment. |
Hearing | 01/10/2013 |
| Decisions | Individual Income Tax | 201200114-I |
Because Taxpayer was an Arizona resident he was required to report income from all sources, including income from the sale of his California business, on his Arizona tax return. |
Director | 01/09/2013 |
| Decisions | Individual Income Tax | 201200088-I |
Taxpayers, members of a limited liability company (LLC), could not deduct expenses of the LLC as unreimbursed ordinary and necessary partnership (LLC) expenses that they were not required to pay under the LLC agreement. |
Hearing | 09/28/2012 |
| Decisions | Individual Income Tax | 201200062-I |
Taxpayers, investors in real property, could only deduct their investment expenses on Schedule A as miscellaneous itemized deductions and not as business expenses on Schedule C. Taxpayers could not deduct car and truck expenses based on both standard mileage rates and also on actual car expenses. |
Hearing | 09/25/2012 |
| Decisions | Individual Income Tax | 201200089-I |
Interest component of the funds a person receives on the redemption of tax liens they purchased are not exempt from Arizona state income tax as interest on a county obligation. |
Hearing | 06/27/2012 |
| Decisions | Individual Income Tax | 201100294-I |
Wildlife photographers who had some pictures published in magazines showed that photography activity was engaged in with a profit motive. |
Hearing | 06/13/2012 |
| Decisions | Individual Income Tax | 201200056-I |
Taxpayer, a security trader, could deduct his expenses on his Schedule C as business expenses. However, losses incurred by a security trader are not ordinary losses but capital losses limited to a maximum of $3,000 each year. |
Hearing | 05/24/2012 |
| Decisions | Individual Income Tax | 201200048-I |
Distributions from a tribe located in another state received by a member of the tribe who was an Arizona resident was subject to Arizona income tax. |
Hearing | 05/09/2012 |
| Decisions | Individual Income Tax | 201100302-I |
Payments received by a spouse pursuant to a temporary family support order that did not provide a fixed sum for child support are considered alimony payments subject to income tax. |
Hearing | 04/17/2012 |
| Decisions | Individual Income Tax | 201100255-I |
Taxpayer, a security investor, could only deduct his expenses on his Schedule A, not as business expenses on Schedule C. Losses incurred by security investors and security traders are not ordinary losses but capital losses limited to a maximum of $3,000 each year. |
Hearing | 04/11/2012 |
| Decisions | Individual Income Tax | 201100305-I |
Equitable recoupment, even if available as a defense in an Arizona tax case, could only be used as a defense and cannot be used to recover erroneously paid tax for which a timely claim for refund was not filed. |
Hearing | 03/30/2012 |
| Decisions | Individual Income Tax | 201100259-I |
The IRS has specific rules regarding the level of substantiation required for charitable contributions depending on the amount contributed and the nature of the contribution. Taxpayers failed to adequately substantiate most of their claimed charitable deductions. |
Hearing | 03/27/2012 |
| Decisions | Individual Income Tax | 201100249-I |
Book author who had some of his books published showed that his writing activity was engaged in with a profit motive. |
Hearing | 03/13/2012 |
| Decisions | Individual Income Tax | 201100248-I |
Contribution to the clean election fund made by Taxpayers’ wholly owned LLC, at their direction and which was accounted for by the LLC as a distribution to Taxpayers, constituted a payment by Taxpayers within the meaning of A.R.S. § 16‑954(B). |
Hearing | 02/22/2012 |
| Decisions | Individual Income Tax | 201100238-I |
Audit interest is not a penalty, but compensation to the state for the lost time-value of money received after the due date and cannot generally be waived. |
Hearing | 01/05/2012 |
| Decisions | Individual Income Tax | 201100228-I |
Taxpayer showed that his business activities were undertaken with an intent to make a profit so his business loss was deductible. |
Hearing | 12/09/2011 |
| Decisions | Individual Income Tax | 201100210-I |
Taxpayer’s payments were made pursuant to a written instrument incident to a divorce decree and were deductible. |
Hearing | 10/28/2011 |
| Decisions | Individual Income Tax | 201100156-I |
Taxpayers could not maintain a claim for refund for tax years closed by a closing agreement. The closing agreement took the form of two letters, an offer by the Department and the acceptance of the offer by the taxpayers. |
Hearing | 09/29/2011 |
| Decisions | Individual Income Tax | 201000058-I |
Non-resident spouse of resident active military spouse subject to Arizona income tax on one-half of resident spouse’s wages as his share of the community income. |
Hearing | 09/29/2011 |
| Decisions | Individual Income Tax | 201100061-I |
Taxpayers are not entitled to a credit for additional research expenses for research funded by a contract or another person. |
08/05/2011 | |
| Decisions | Individual Income Tax | 201000308-I |
Married taxpayer receiving community property income are jointly and severally liable for the income tax on the income. |
Hearing | 06/30/2011 |
| Decisions | Individual Income Tax | 201100112-I |
To take an alimony deduction for payments, the obligation to make payments must necessarily stop on death of the other ex-spouse. Allowance a deduction in prior tax year does not prevent the Department from assessing tax on payments made in a later tax year. |
Hearing | 06/24/2011 |
| Decisions | Individual Income Tax | 201100056-I |
Arizona domicile is not abandoned by a Taxpayer taking a job on a cruise ship with no evidence of an intention to abandon Arizona domicile or residence. |
Hearing | 06/17/2011 |