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 323 Contracting December 10, 2006 January 30, 2007 415 Construction contracting: construction contractors Phoenix
MTHO 321 Use Tax January 07, 2007 January 28, 2007 Use tax: liability for tax, Use tax: exclusion when acquisition subject to Use Tax is taxed or taxable elsewhere in this Chapter; limitation Phoenix
MTHO 329 Residential Rental January 23, 2007 Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3), Interest and civil penalties Phoenix
MTHO 290 Residential Rental April 15, 2006 November 26, 2006 Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3), No additional audits or proposed assessments; exceptions San Luis
MTHO 294 Spec Builder August 29, 2006 October 15, 2006 Construction contracting: speculative builders, Construction contracting: owner-builders who are not speculative builders, Collection of taxes when there is succession in and/or cessation of business Scottsdale
MTHO 286 Spec Builder August 29, 2006 October 15, 2006 Construction contracting: speculative builders, Construction contracting: owner-builders who are not speculative builders, Collection of taxes when there is succession in and/or cessation of business Scottsdale
MTHO 232 Restaurant October 24, 2005 September 25, 2006 455 Restaurants and Bars Peoria
MTHO 232 Restaurant June 14, 2006 September 25, 2006 455 Restaurants and Bars Peoria
MTHO 293 Retail April 10, 2006 August 07, 2006 Retail sales: measure of tax; burden of proof; exclusions, Retail sales: exemptions Tucson
MTHO 302 Spec Builder August 02, 2006 416 Construction contracting: speculative builders Scottsdale
MTHO 296 Real Property Rental June 25, 2006 July 26, 2006 Telecommunication Services (Reg. 470.1), Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3), Retail sales: measure of tax; burden of proof; exclusions, Closing agreements in cases of extensive taxpayer misunderstanding or misapplication; approval; rules Mesa
MTHO 211 Telecommunications October 16, 2005 July 09, 2006 470 Telecommunication Services (Reg. 470.1) Phoenix, Peoria
MTHO 211 Telecommunications October 16, 2005 July 09, 2006 470 Telecommunication Services (Reg. 470.1) Phoenix, Peoria
MTHO 257 Penalty January 31, 2006 June 11, 2006 540 Interest and civil penalties Scottsdale
MTHO 292 Restaurant April 18, 2006 June 01, 2006 Restaurants and Bars, Interest and civil penalties, Deficiencies; when inaccurate return is filed; when no return is filed; estimates Nogales
MTHO 274 Retail May 30, 2006 Retail sales: measure of tax; burden of proof; exclusions, Interest and civil penalties Phoenix
MTHO 246 Licensing Real Property For Use December 01, 2005 May 22, 2006 450 Rental, leasing, and licensing for use of tangible personal property (Reg 450.1, Reg. 450.2, Reg 450.3) Phoenix
MTHO 288 Personal Property Rental May 07, 2006 450 Rental, leasing, and licensing for use of tangible personal property (Reg 450.1, Reg. 450.2, Reg 450.3) Phoenix
MTHO 228 Spec Builder August 28, 2005 April 18, 2006 416 Construction contracting: speculative builders Phoenix
MTHO 272 Spec Builder February 06, 2006 March 26, 2006 Construction contracting: speculative builders, Interest and civil penalties Tucson