Although commonly referred to as a sales tax, the Arizona transaction privilege tax (TPT) is actually a tax on a vendor for the privilege of doing business in the state. Various business activities are subject to transaction privilege tax and must be licensed.
If a business is selling a product or engaging in a service subject to TPT, a license from the Arizona Department of Revenue (ADOR) would likely be needed as well as a transaction privilege tax or business/occupational license from the city or cities in which the business is based and/or operates.
ADOR collects the tax for the counties and cities; however, tax rates vary depending on the type of business activity, the city and the county.
Please note that businesses with multiple locations or business lines can opt to license and report for each location separately or have a consolidated license (and report aggregate sales). The cost for each license per location is $12.
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What’s New with TPT?
Out-of-State Businesss Code 605
Out-of-state businesses under the remote seller tax law that went into effect on October 1 are reminded to use business code 605 (Retail Classification). The tax applies to remote sellers and marketplace facilitators that have no physical presence in Arizona and meet certain economic thresholds.
Third-Party Prepared Food Delivery Companies
It is our understanding that with the recent legislation passed in Arizona regarding economic nexus that some prepared food delivery (PFD) companies believe their business activity falls within the definition of a “marketplace facilitator.”
The Arizona statutes define a marketplace facilitator as a person or business operating a marketplace and facilitating retail sales. Third-party prepared food delivery companies are not “marketplace facilitators.”
The main difference is that these companies do not facilitate retail sales. Third-party prepared food delivery companies facilitate restaurant sales and transport food between the restaurant and consumer. As such, these companies are not a marketplace facilitator by definition.
The restaurant’s sales are taxable under the restaurant classification. The restaurant must report and remit the TPT on the full price of the prepared food (even if a portion is retained by PFD) because they are engaged in a taxable activity.
Please contact the Tax Research and Analysis for additional information on this issue.
New TPT law for remote sellers and marketplace facilitators starting October 1, 2019
On May 31, 2019, Arizona Governor Doug Ducey signed into law, legislation requiring remote sellers and marketplace facilitators that have not been collecting transaction privilege tax (TPT) under current state law to begin filing and paying TPT in Arizona starting October 1, 2019.
Under the new Arizona law, a threshold has been established for remote sellers to pay TPT if their annual gross retail sales or income from online sales into Arizona is more than $200,000 in 2019, $150,000 in 2020 and $100,000 in 2021 and thereafter.
Starting October 1, 2019, marketplace facilitators will be required to collect and remit TPT on taxable sales in Arizona made through its platform on its behalf or for at least one remote marketplace seller if gross retail proceeds or income for that marketplace facilitator exceeds $100,000 annually.
- Remote sellers do not need to collect TPT on transactions when a marketplace facilitator is collecting and remitting TPT for them.
- Under the legislation, municipal license fees are waived for both remote sellers and online marketplace facilitators.
For more information, click here.
Businesses with an annual transaction privilege tax and use tax liability of $5,000 or more during the prior calendar year are required to file and pay electronically.
Failure to comply with the electronic filing and payment requirements may result in penalties.
||E-File and E-Pay THreshold
||$5,000 annual liability
||$500 annual liability
Penalty for not filing and paying electronically:
- Taxpayers required to file an electronic return will be subject to a penalty of 5 percent of the tax amount due for filing a paper return. The minimum penalty is $25, including filings with zero liability.
- Taxpayers required to pay electronically will be subject to a penalty of 5 percent of the amount of payment made by check or cash.
- Taxpayers who file their tax return late will be subject to a late file penalty of 4.5 percent of the tax required to be shown on the return for each month or fraction of a month the return is late. There is a minimum of $25 and a maximum 25 percent of the tax due or $100, per return, whichever is greater.
Businesses needing updated information on transaction privilege tax can access ADOR’s monthly newsletter, TPT Tax Rate Table and Model City Tax Code changes here by clicking on the appropriate month and year. For older information, please visit our archives.
Businesses can also subscribe to ADOR’s TPT newsletter and get updates through email or text alerts. They can receive notices regarding TPT due dates, city tax rate changes, license renewals and new features on AZTaxes.gov.
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TPT and Use Tax:
Individuals are subject to use tax when a retailer does not collect tax for tangible personal property used, stored or consumed.
Those individuals and businesses subject to use tax include the following:
- An out-of-state retailer or utility business making sales of tangible personal property to Arizona purchasers.
- An Arizona resident who purchases goods from an out-of-state vendor who did not collect the use tax.
- Arizona residents who purchase goods using a resale certificate, and the goods are used, stored or consumed in Arizona contrary to the purpose stated on the certificate.
- Arizona residents who purchase goods in which another state’s sale tax or other excise tax was imposed and the rate of that tax is less than Arizona’s use tax rate.
For more information on use tax, including sales of casual goods, vehicles and aircraft and use tax rate and exemptions, please see ADOR Publication 610.
See our Reporting Guide for convenient access to TPT-related guidance and resources.