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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.
Decision | Classification | Hearing Date | Decision Date | Section Number | Section | Tax Collector | |
---|---|---|---|---|---|---|---|
MTHO 329 | Residential Rental | January 24, 2007 | 445, 540 | Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3), Interest and civil penalties | Phoenix | ||
MTHO 302 | Spec Builder | August 3, 2006 | 416 | Construction contracting: speculative builders | Scottsdale | ||
MTHO 288 | Personal Property Rental | May 8, 2006 | 450 | Rental, leasing, and licensing for use of tangible personal property (Reg 450.1, Reg. 450.2, Reg 450.3) | Phoenix | ||
MTHO 274 | Retail | May 31, 2006 | 460, 540 | Retail sales: measure of tax; burden of proof; exclusions, Interest and civil penalties | Phoenix | ||
MTHO 694 | Retail | June 15, 2012 | 460 | Retail sales: measure of tax; burden of proof; exclusions | Peoria | ||
MTHO 686 | Restaurant | May 31, 2012 | 455, 460, 545 | Restaurants and Bars, Retail sales: measure of tax; burden of proof; exclusions, Deficiencies; when inaccurate return is filed; when no return is filed; estimates | Tucson | ||
MTHO 685 | Restaurant | May 31, 2012 | 455, 460, 545 | Restaurants and Bars, Retail sales: measure of tax; burden of proof; exclusions, Deficiencies; when inaccurate return is filed; when no return is filed; estimates | Tucson | ||
MTHO 684 | Restaurant | May 31, 2012 | 455, 460, 545 | Restaurants and Bars, Retail sales: measure of tax; burden of proof; exclusions, Deficiencies; when inaccurate return is filed; when no return is filed; estimates | Tucson | ||
MTHO 679 | Retail | August 13, 2012 | 460, 530 | Retail sales: measure of tax; burden of proof; exclusions, When tax due; when delinquent; verification of return; extensions | Tucson | ||
MTHO 670 | Restaurant | April 23, 2012 | 455 | Restaurants and Bars | Tucson | ||
MTHO 668 | Commercial Lease | February 16, 2012 | 100, 445 | General Conditions and Definitions, Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3) | Mesa | ||
MTHO 667 | Commercial Lease | February 16, 2012 | 100, 445 | General Conditions and Definitions, Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3) | Mesa | ||
MTHO 666 | Commercial Lease | February 16, 2012 | 100, 445 | General Conditions and Definitions, Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3) | Mesa | ||
MTHO 662 | Retail | December 1, 2011 | 460, 545 | Retail sales: measure of tax; burden of proof; exclusions, Deficiencies; when inaccurate return is filed; when no return is filed; estimates | Mesa | ||
MTHO 652 | Construction Contractor | September 20, 2011 | 415 | Construction contracting: construction contractors | Tucson | ||
MTHO 695 | Telecommunications | May 29, 2012 | 480, 540, 545 | Utility Services, Telecommunication Services (Reg. 470.1), Interest and civil penalties, Deficiencies; when inaccurate return is filed; when no return is filed; estimates | Tucson | ||
MTHO 702 | Construction Contractor | October 19, 2011 | 415 | Construction contracting: construction contractors | Tucson | ||
MTHO 704 | Spec Builder | December 17, 2012 | 416, 595 | Construction contracting: speculative builders, Collection of taxes when there is succession in and/or cessation of business | Mesa | ||
MTHO 713 | Contractor | September 5, 2012 | 100, 415 | General Conditions and Definitions, Construction contracting: construction contractors | Tucson | ||
MTHO 719 | Commercial Lease | September 28, 2012 | 445, 446, 545, 555 | Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3), (Reserved for future), Deficiencies; when inaccurate return is filed; when no return is filed; estimates, Tax Collector may examine books and other records; failure to provide records | Phoenix | ||
MTHO 735 | Spec Builder | December 31, 2012 | 416, 595 | Construction contracting: speculative builders, Collection of taxes when there is succession in and/or cessation of business | Scottsdale | ||
MTHO 744 | Personal Property Rental | April 18, 2013 | 450 | Rental, leasing, and licensing for use of tangible personal property (Reg 450.1, Reg. 450.2, Reg 450.3) | Phoenix | ||
MTHO 745 | Commercial Lease | January 17, 2013 | 445, 540, 550 | Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3), Interest and civil penalties, Limitation periods | Scottsdale | ||
MTHO 747 | Real Property Rental | February 6, 2013 | 445 | Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3) | Chandler | ||
MTHO 748 | Real Property Rental | February 6, 2013 | 445 | Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3) | Chandler |