Municipal Tax Hearing Office Archive

Municipal Tax Hearing Office Hearing Decisions

Per A.R.S. 42-6056, the hearing office shall hear all reviews of petitions for hearing or redetermination under the Model City Tax Code for cities and towns not in the state collection system as of January 1, 2013 and for appeals from supplementary audits performed by cities and towns under the state collection system for all audits and assessments initiated by a city or town prior to January 1, 2015. All matters initiated by a city or town from and after January 1, 2015 shall be subject to review pursuant to A.R.S. 42-6002.

The following decisions of the Municipal Tax Hearing Office (MTHO) are presented for informational purposes only. Final decisions of the MTHO are binding only to the specific case presented in the hearing. These decisions do not have the force of law; cities are not required to abide by decisions of the MTHO in determining the tax treatment of transactions in similar situations.

The decisions are solely the product of the hearing officer. Neither the cities nor the affected taxpayers review the decisions prior to issuance. Consequently, no opinion is expressed as to the accuracy of any facts presented in the decisions, the inclusion of all relevant facts presented at the hearing, or on the fairness of presentation of either the cities’ or taxpayers’ arguments and positions.

Either the taxpayer or the cities may appeal an MTHO decision by initiating an action in the appropriate court. No effort has been made to either identify or update any MTHO decision which may have been appealed.

Municipal Tax Hearing Office Hearing Decisions List

MTHO Hearings

Decision Classification Hearing Date Decision Date Section Number Section Tax Collector
MTHO 412 Use Tax May 20, 2008 July 04, 2008 Interest and civil penalties, Use tax: liability for tax Mesa
MTHO 398 Contracting May 15, 2008 June 29, 2008 415 Construction contracting: construction contractors Flagstaff
MTHO 408 Restaurant April 08, 2008 June 29, 2008 455 Restaurants and Bars Litchfield Park
MTHO 403 Catering March 30, 2008 455 Restaurants and Bars Tempe
MTHO 380 Spec Builder January 06, 2008 January 30, 2008 General Conditions and Definitions, Construction contracting: speculative builders, Collection of taxes when there is succession in and/or cessation of business Chandler
MTHO 379 Spec Builder January 06, 2008 January 30, 2008 Construction contracting: speculative builders, Interest and civil penalties Chandler
MTHO 384 Contracting November 19, 2007 December 30, 2007 Construction contracting: construction contractors , Construction contracting: speculative builders Tucson
MTHO 355 Spec Builder September 12, 2007 December 06, 2007 Construction contracting: speculative builders, Interest and civil penalties Scottsdale
MTHO 375 Publishing October 16, 2007 October 30, 2007 Publishing and periodicals distribution (Reg. 435.1), Interest and civil penalties Mesa
MTHO 357 Commercial Rental September 18, 2007 October 30, 2007 Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3), Deficiencies; when inaccurate return is filed; when no return is filed; estimates Mesa
MTHO 353 Contracting June 17, 2007 October 29, 2007 415 Construction contracting: construction contractors Tucson
MTHO 320 Residential Rental April 15, 2007 July 22, 2007 445 Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3) Surprise
MTHO 351 Commercial Rental June 25, 2007 July 19, 2007 Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3), Interest and civil penalties Tempe
MTHO 324 Retail February 13, 2007 July 01, 2007 Retail sales: measure of tax; burden of proof; exclusions, Retail sales: exemptions Mesa
MTHO 341 Spec Builder March 13, 2007 May 16, 2007 416 Construction contracting: speculative builders Mesa
MTHO 322 Publishing March 07, 2007 April 30, 2007 435 Publishing and periodicals distribution (Reg. 435.1) Cave Creek
MTHO 322 Publishing December 05, 2006 April 30, 2007 435 Publishing and periodicals distribution (Reg. 435.1) Cave Creek
MTHO 330 Commercial Lease February 01, 2007 April 29, 2007 Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3), Interest and civil penalties, Limitation periods Flagstaff
MTHO 326 Retail January 21, 2007 February 21, 2007 Construction contracting: construction contractors , Retail sales: measure of tax; burden of proof; exclusions Tucson
MTHO 332 Retail February 21, 2007 460 Retail sales: measure of tax; burden of proof; exclusions Mesa