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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 749 | Real Property Rental | February 6, 2013 | 445 | Mining | Chandler | ||
MTHO 752 | Spec Builder | March 18, 2013 | 416, 595 | Construction contracting: speculative builders, Collection of taxes when there is succession in and/or cessation of business | Tucson | ||
MTHO 753 | Personal Property Rental | February 21, 2013 | 445, 450, 545, 555 | Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3), Rental, leasing, and licensing for use of tangible personal property (Reg 450.1, Reg. 450.2, Reg 450.3), Deficiencies; when inaccurate return is filed; when no return is filed; estimates, Tax Collector may examine books and other records; failure to provide records | Scottsdale | ||
MTHO 758 | Commercial Lease | April 30, 2013 | 445, 545, 555 | 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, Tax Collector may examine books and other records; failure to provide records | Peoria | ||
MTHO 763 | Spec Builder | April 29, 2013 | 310, 416, 540 | Construction contracting: speculative builders, Interest and civil penalties, Licensing: special requirements | Scottsdale | ||
MTHO 765 | Amusement | May 10, 2013 | 410 | Amusements, exhibitions, and similar activities | Tucson | ||
MTHO 769 | Spec Builder | May 29, 2013 | 200, 416, 540 | Determination of gross income: in general, Construction contracting: speculative builders, Interest and civil penalties | Scottsdale | ||
MTHO 772 | Contracting | May 28, 2013 | 415 | Construction contracting: construction contractors | Tucson | ||
MTHO 775 | Commercial Lease | June 12, 2013 | 445 | Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3) | Sedona | ||
MTHO 649 | Spec Builder | October 17, 2011 | 416 | Construction contracting: speculative builders | Scottsdale | ||
MTHO 648 | Spec Builder | December 27, 2011 | 416 | Construction contracting: speculative builders | Scottsdale | ||
MTHO 646 | Spec Builder | October 11, 2011 | 416 | Construction contracting: speculative builders | Tempe | ||
MTHO 640 | Spec Builder | September 22, 2011 | 416, 540 | Construction contracting: speculative builders, Interest and civil penalties | Chandler | ||
MTHO 637 | Spec Builder | September 30, 2011 | 416 | Construction contracting: speculative builders | Flagstaff | ||
MTHO 626 | Use Tax | November 21, 2011 | 610, 660 | Use tax: imposition of tax; presumption, Use tax: exemptions | Phoenix | ||
MTHO 620 | Commercial Lease | April 6, 2011 | 445, 540 | Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3), Interest and civil penalties | Tucson | ||
MTHO 618 | Spec Builder | June 14, 2011 | 416 | Construction contracting: speculative builders | Scottsdale | ||
MTHO 616 | Retail | May 31, 2011 | 350, 360, 460, 545 | Retail sales: measure of tax; burden of proof; exclusions, Deficiencies; when inaccurate return is filed; when no return is filed; estimates, Operating without a license, Recordkeeping requirements | Mesa | ||
MTHO 611 | Spec Builder | April 29, 2011 | 416 | Construction contracting: speculative builders | Mesa | ||
MTHO 608 | Spec Builder | March 25, 2011 | 416 | Construction contracting: speculative builders | Scottsdale | ||
MTHO 600 | Commercial Lease | July 5, 2011 | 445, 540 | Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3), Interest and civil penalties | Mesa | ||
MTHO 596 | Spec Builder | April 6, 2011 | 416, 595 | Construction contracting: speculative builders, Collection of taxes when there is succession in and/or cessation of business | Scottsdale | ||
MTHO 592 | Contracting | December 20, 2010 | 416, 416.2 | Construction contracting: speculative builders | Mesa | ||
MTHO 588 | Retail | October 27, 2010 | 460 | Retail sales: measure of tax; burden of proof; exclusions | Prescott | ||
MTHO 586 | Spec Builder | September 30, 2010 | 416 | Construction contracting: speculative builders | Flagstaff |