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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 322 | Publishing | December 6, 2006 | May 1, 2007 | 435 | Publishing and periodicals distribution (Reg. 435.1) | Cave Creek | |
MTHO 294 | Spec Builder | August 30, 2006 | October 16, 2006 | 416, 417, 595 | 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 30, 2006 | October 16, 2006 | 416, 417, 595 | 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 296 | Real Property Rental | June 26, 2006 | July 27, 2006 | 445, 460, 470, 546 | 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 232 | Restaurant | June 15, 2006 | September 26, 2006 | 455 | Restaurants and Bars | Peoria | |
MTHO 292 | Restaurant | April 19, 2006 | June 2, 2006 | 455, 540, 545 | Restaurants and Bars, Interest and civil penalties, Deficiencies; when inaccurate return is filed; when no return is filed; estimates | Nogales | |
MTHO 290 | Residential Rental | April 16, 2006 | November 27, 2006 | 445, 556 | 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 293 | Retail | April 11, 2006 | August 8, 2006 | 460, 465 | Retail sales: measure of tax; burden of proof; exclusions, Retail sales: exemptions | Tucson | |
MTHO 272 | Spec Builder | February 7, 2006 | March 27, 2006 | 416, 540 | Construction contracting: speculative builders, Interest and civil penalties | Tucson | |
MTHO 257 | Penalty | February 1, 2006 | June 12, 2006 | 540 | Interest and civil penalties | Scottsdale | |
MTHO 246 | Licensing Real Property For Use | December 2, 2005 | May 23, 2006 | 450 | Rental, leasing, and licensing for use of tangible personal property (Reg 450.1, Reg. 450.2, Reg 450.3) | Phoenix | |
MTHO 252 | Residential Rental | November 16, 2005 | January 5, 2006 | 445 | Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3) | Tempe | |
MTHO 248 | Retail | November 14, 2005 | December 20, 2005 | 100, 460, 465 | General Conditions and Definitions, Retail sales: measure of tax; burden of proof; exclusions, Retail sales: exemptions | Tempe | |
MTHO 232 | Restaurant | October 25, 2005 | September 26, 2006 | 455 | Restaurants and Bars | Peoria | |
MTHO 211 | Telecommunications | October 17, 2005 | July 10, 2006 | 470 | Telecommunication Services (Reg. 470.1) | Peoria | |
MTHO 211 | Telecommunications | October 17, 2005 | July 10, 2006 | 470 | Telecommunication Services (Reg. 470.1) | Phoenix | |
MTHO 239 | Rental | October 5, 2005 | November 28, 2005 | 445, 545 | Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3) | Mesa | |
MTHO 235 | Restaurant | September 21, 2005 | November 7, 2005 | 455, 545, 620 | Restaurants and Bars, Deficiencies; when inaccurate return is filed; when no return is filed; estimates, Use tax: liability for tax | Tempe | |
MTHO 243 | Spec Builder | September 13, 2005 | October 8, 2005 | 250, 416, 540, 620 | Exclusion of combined taxes from gross income; itemization; notice; limitations, Construction contracting: speculative builders, Interest and civil penalties, Use tax: liability for tax | Peoria | |
MTHO 228 | Spec Builder | August 29, 2005 | April 19, 2006 | 416 | Construction contracting: speculative builders | Phoenix | |
MTHO 187 | Use Tax | August 18, 2005 | January 17, 2006 | 620 | Use tax: liability for tax | Mesa | |
MTHO 155 | Use Tax | August 18, 2005 | January 17, 2006 | 620 | Use tax: liability for tax | Mesa | |
MTHO 240 | Use Tax | August 8, 2005 | September 30, 2005 | 620, 540 | Interest and civil penalties, Use tax: liability for tax | Phoenix | |
MTHO 234 | Spec Builder | July 21, 2005 | August 31, 2005 | 416, 540 | Construction contracting: speculative builders, Interest and civil penalties | Phoenix | |
MTHO 233 | Spec Builder | July 19, 2005 | October 20, 2005 | 416 | Construction contracting: speculative builders | Tucson |