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 529 Licensing Real Property For Use December 21, 2009 February 28, 2010 445 Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3) Mesa
MTHO 541 Commercial Lease February 28, 2010 445 Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3) Tempe
MTHO 533 Real Property Rental December 15, 2009 February 08, 2010 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 Mesa
MTHO 479 Real Property Rental December 14, 2009 January 28, 2010 445 Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3) Mesa
MTHO 476 Construction Contractor October 07, 2009 January 04, 2010 415 Construction contracting: construction contractors Mesa
MTHO 505 Spec Builder August 23, 2009 December 20, 2009 Construction contracting: speculative builders, Interest and civil penalties Peoria
MTHO 481 Retail May 19, 2009 December 11, 2009 Determination of gross income: artificially contrived transactions, Retail sales: measure of tax; burden of proof; exclusions, Retail sales: exemptions, Administrative review; petition for hearing or for redetermination; finality of order Peoria, Phoenix
MTHO 481 Retail May 19, 2009 December 11, 2009 Determination of gross income: artificially contrived transactions, Retail sales: measure of tax; burden of proof; exclusions, Retail sales: exemptions, Administrative review; petition for hearing or for redetermination; finality of order Peoria, Phoenix
MTHO 526 Spec Builder October 21, 2009 November 29, 2009 Interest and civil penalties Mesa
MTHO 520 Residential Rental October 19, 2009 November 29, 2009 445 Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3) Mesa
MTHO 535 Spec Builder November 29, 2009 General Conditions and Definitions, Construction contracting: speculative builders Mesa
MTHO 532 Personal Property Rental November 29, 2009 450 Rental, leasing, and licensing for use of tangible personal property (Reg 450.1, Reg. 450.2, Reg 450.3) Chandler
MTHO 527 Real Property Rental September 21, 2009 October 29, 2009 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, Operating without a license, Recordkeeping requirements Chandler
MTHO 478 Contracting September 14, 2009 October 27, 2009 Construction contracting: construction contractors , Recordkeeping requirements Mesa
MTHO 487 Real Property Rental September 30, 2009 October 21, 2009 Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3) Mesa
MTHO 453 Spec Builder February 22, 2009 October 13, 2009 Construction contracting: speculative builders Chandler
MTHO 507 Spec Builder September 23, 2009 October 12, 2009 Construction contracting: speculative builders, Interest and civil penalties Chandler
MTHO 467 Spec Builder August 30, 2009 Construction contracting: speculative builders, No additional audits or proposed assessments; exceptions Mesa
MTHO 474 Residential Rental May 25, 2009 June 29, 2009 Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3) Mesa
MTHO 411 Retail February 08, 2009 June 29, 2009 Retail sales: measure of tax; burden of proof; exclusions, Retail sales: exemptions Phoenix