HomeMy WebLinkAboutRes 2006-53RESOLUTION NO.2006-53
.. A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, DECLARING AS A PUBLIC RECORD THAT
CERTAIN DOCUMENT FILED WITH THE TOWN CLERK AND ENTITLED
THE "2007 AMENDMENTS TO THE TAX CODE OF THE TOWN OF
FOUNTAIN HILLS."
•
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, as follows:
SECTION 1. That certain document entitled the "2007 Amendments to the Tax Code of
the Town of Fountain Hills" of which three copies each are on file in the office of the Town
Clerk and open for public inspection during normal business hours, is hereby declared to be
public record, and said copies are ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills,
Arizona, November 16, 2006.
FOR THE TOWN OF FOUNTAIN HILLS:
W. J.
REVIEWED
c / _ / •
Timothy G. Pickering, Town
ATTESTED TO:
/ � r
APPROVED AS TO FORM:
04,
Andrew J. McGuire, Town Attorney
691328.1
2007 AMENDMENTS TO THE
TAX CODE OF THE TOWN OF FOUNTAIN HILLS
Section 1. Section 8A-100 of the Tax Code of the Town of Fountain Hills is amended to read:
Sec. 8A-100. General definitions.
For the purposes of this Chapter, the following definitions apply:
"Assembler" means a person who unites or combines products, wares, or articles of manufacture so
as to produce a change in form or substance of such items without changing or altering component
parts.
"Broker" means any person engaged or continuing in business who acts for another for a
consideration in the conduct of a business activity taxable under this Chapter, and who receives for
his principal all or part of the gross income from the taxable activity.
"Business" means all activities or acts, personal or corporate, engaged in and caused to be
engaged in with the object of gain, benefit, or advantage, either direct or indirect, but not casual
activities or sales.
"Business Day" means any day of the week when the Tax Collector's office is open for the public to
conduct the Tax Collector's business.
"Casual Activity or Sale" means a transaction of an isolated nature made by a person who neither
represents himself to be nor is engaged in a business subject to a tax imposed by this Chapter.
However, no sale, rental, license for use, or lease transaction concerning real property nor any
40 activity entered into by a business taxable by this Chapter shall be treated, or be exempt, as casual.
This definition shall include sales of used capital assets, provided that the volume and frequency of
such sales do not indicate that the seller regularly engages in selling such property.
"Combined Taxes" means the sum of all applicable Arizona Transaction Privilege and Use Taxes;
all applicable transportation taxes imposed upon gross income by this County as authorized by
Article III, Chapter 6, Title 42, Arizona Revised Statutes; and all applicable taxes imposed by this
Chapter.
"Commercial Property" is any real property, or portion of such property, used for any purpose other
than lodging or lodging space, including structures built for lodging but used otherwise, such as
model homes, apartments used as offices, etc.
"Communications Channel" means any line, wire, cable, microwave, radio signal, light beam,
telephone, telegraph, or any other electromagnetic means of moving a message.
"Construction Contracting" refers to the activity of a construction contractor.
"Construction Contractor" means a person who undertakes to or offers to undertake to, or purports
to have the capacity to undertake to, or submits a bid to, or does himself or by or through others,
construct, alter, repair, add to, subtract from, improve, move, wreck, or demolish any building,
highway, road, railroad, excavation, or other structure, project, development, or improvement to real
property, or to do any part thereof. "Construction contractor" includes subcontractors, specialty
contractors, prime contractors, and any person receiving consideration for the general supervision
and/or coordination of such a construction project except for remediation contracting. This definition
shall govern without regard to whether or not the construction contractor is acting in fulfillment of a
contract.
"Delivery (of Notice) y the Tax Collector" means "receipt (of notice) by the taxpayer".
"Delivery, Installation, or Other Direct Customer Services" means services or labor, excluding repair
labor, provided by a taxpayer to or for his customer at the time of transfer of tangible personal
�., property; provided further that the charge for such labor or service is separately billed to the
customer and maintained separately in the taxpayer's books and records.
"Engaging", when used with reference to engaging or continuing in business, includes the exercise
of corporate or franchise powers.
"Equivalent Excise Tax" means either:
(1) a Privilege or Use Tax levied by another Arizona municipality upon the transaction in
question, and paid either to such Arizona municipality directly or to the vendor; or
(2) an excise tax levied by a political subdivision of a state other than Arizona upon the
transaction in question, and paid either to such jurisdiction directly or to the vendor; or
(3) an excise tax levied by a Native American Government organized under the laws of the
federal government upon the transaction in question, and paid either to such
jurisdiction directly or to the vendor.
"Federal Government" means the United States Government, its departments and agencies; but not
including national banks or federally chartered or insured banks, savings and loan institutions, or
credit unions.
"Food" means any items intended for human consumption as defined by rules and regulations
adopted by the Department of Revenue, State of Arizona, pursuant to A.R.S. Section 42-5106.
Under no circumstances shall "food" include alcoholic beverages or tobacco, or food items
purchased for use in conversion to any form of alcohol by distillation, fermentation, brewing, or other
process.
6W "Hotel" means any public or private hotel, inn, hostelry, tourist home, house, motel, rooming house,
apartment house, trailer, or other lodging place within the Town offering lodging, wherein the owner
thereof, for compensation, furnishes lodging to any transient, except foster homes, rest homes,
sheltered care homes, nursing homes, or primary health care facilities.
"Job Printing" means the activity of copying or reproducing an article by any means, process, or
method. "Job printing" includes engraving of printing plates, embossing, copying, micrographics,
and photo reproduction.
"Lessee" includes the equivalent person in a rental or licensing agreement for all purposes of this
Chapter.
"Lessor" includes the equivalent person in a rental or licensing agreement for all purposes of this
Chapter.
"Licensing (for Use)" means any agreement between the user ("licensee") and the owner or the
owner's agent ("licensor") for the use of the licensor's property whereby the licensor receives
consideration, where such agreement does not qualify as a "sale" or "lease" or "rental" agreement.
"Lodging (Lodging Space)" means any room or apartment in a hotel or any other provider of rooms,
trailer spaces, or other residential dwelling spaces; or the furnishings or services and
accommodations accompanying the use and possession of said dwelling space, including storage
or parking space for the property of said tenant.
"Manufactured Buildings" means a manufactured home, mobile home or factory built building, as
defined in A.R.S. Section 41-2142.
"Manufacturer" means a person engaged or continuing in the business of fabricating, producing, or
manufacturing products, wares, or articles for use from other forms of tangible personal property,
imparting to such new forms, qualities, properties, and combinations.
*4, "Mining and Metalluraical Supplies" means all tangible personal property acquired by persons
engaged in activities defined in Section 8A-432 for such use. This definition shall not include:
(1) janitorial equipment and supplies.
(2) office equipment, office furniture, and office supplies.
(3) motor vehicles licensed for use upon the highways of the State.
"Modifier" means a person who reworks, changes, or adds to products, wares, or articles of
manufacture.
"Nonprofit Entity" means any entity organized and operated exclusively for charitable purposes, or
operated by the Federal Government, the State, or any political subdivision of the State.
"Occupancy (of Real Property)" means any occupancy or use, or any right to occupy or use, real
property including any improvements, rights, or interests in such property.
"Out -of -Town Sale" means the sale of tangible personal property and job printing if all of the
following occur:
(1) transference of title and possession occur without the Town; and
(2) the stock from which such personal property was taken was not within the corporate
limits of the Town; and
(3) the order is received at a permanent business location of the seller located outside the
Town; which location is used for the substantial and regular conduct of such business
sales activity. In no event shall the place of business of the buyer be determinative of
the situs of the receipt of the order.
For the purpose of this definition it does not matter that all other indicia of business occur within the
Town, including, but not limited to, accounting, invoicing, payments, centralized purchasing, and
supply to out -of -Town storehouses and out -of -Town retail branch outlets from a primary storehouse
within the Town.
"Out -of -State Sale" means the sale of tangible personal property and job printing if all of the
following occur:
(1) The order is placed from without the State of Arizona; and
(2) the order is placed by other than a resident of the State to be determined in a manner
similar to "resides within the Town"; and
(3) the property is delivered to the buyer at a location outside the State; and
(4) the property is purchased for use outside the State.
"Owner -Builder" means an owner or lessor of real property who, by himself or by or through others,
constructs or has constructed or reconstructs or has reconstructed any improvement to real
property.
"Person" means an individual, firm, partnership, joint venture, association, corporation, estate, trust,
receiver, syndicate, broker, the Federal Government, this State, or any political subdivision or
agency of this State. For the purposes of this Chapter, a person shall be considered a distinct and
separate person from any general or limited partnership or joint venture or other association with
which such person is affiliated. A subsidiary corporation shall be considered a separate person
from its parent corporation for purposes of taxation of transactions with its parent corporation.
"Prosthetic" means any of the following tangible personal property if such items are prescribed or
recommended by a licensed podiatrist, chiropractor, dentist, physician or surgeon, naturopath,
It optometrist, osteopathic physician or surgeon, psychologist, hearing aid dispenser, physician
assistant, nurse practitioner or veterinarian:
(1) any man-made device for support or replacement of a part of the body, or to increase
acuity of one of the senses. Such items include: prescription eyeglasses; contact
lenses; hearing aids; artificial limbs or teeth; neck, back, arm, leg, or similar braces.
(2) insulin, insulin syringes, and glucose test strips sold with or without a prescription.
(3) hospital beds, crutches, wheelchairs, similar home health aids, or corrective shoes.
(4) drugs or medicine, including oxygen.
(5) equipment used to generate, monitor, or provide health support systems, such as
respiratory equipment, oxygen concentrator, dialysis machine.
(6) durable medical equipment which has a federal health care financing administration
common procedure code, is designated reimbursable by Medicare, can withstand
repeated use, is primarily and customarily used to serve a medical purpose, is generally
not useful to a person in the absence of illness or injury and is appropriate for use in the
home.
"Qualifying Community Health Center"
(a1) means an entity that is recognized as nonprofit under Section 501(c)(3) of the United
States Internal Revenue Code, that is a community -based, primary care clinic that
has a community -based board of directors and that is either:
(4-a) the sole provider of primary care in the community.
(2b) a nonhospital affiliated clinic that is located in a federally designated
medically underserved area in this State.
(b2) includes clinics that are being constructed as qualifying community health centers.
"Qualifying Health Care Organization' means an entity that is recognized as nonprofit under Section
501(c) of the United States Internal Revenue Code and that uses, saves or invests at least eighty
percent (80%) of all monies that it receives from all sources each year only for health and medical
related educational and charitable services, as documented by annual financial audits prepared by
an independent certified public accountant, performed according to generally accepted accounting
standards and filed annually with the Arizona Department of Revenue. Monies that are used, saved
or invested to lease, purchase or construct a facility for health and medical related education and
charitable services are included in the eighty percent (80%) requirement.
"Qualifying Hospital" means any of the following:
(1) a licensed hospital which is organized and operated exclusively for charitable
purposes, no part of the net earnings of which inures to the benefit of any private
shareholder or individual.
(2) a licensed nursing care institution or a licensed residential care institution or a
residential care facility operated in conjunction with a licensed nursing care
institution or a licensed kidney dialysis center, which provides medical services,
nursing services or health related services and is not used or held for profit.
(3) a hospital, nursing care institution or residential care institution which is operated by
the federal government, this State or a political subdivision of this State.
(4) a facility that is under construction and that on completion will be a facility under
subdivision (1), (2) or (3) of this paragraph.
"Receipt (of Notice) by the Taxpayer" means the earlier of actual receipt or the first attempted
delivery by certified United States mail to the taxpayer's address of record with the Tax Collector.
"Remediation" means those actions that are reasonable, necessary, cost-effective and technically
feasible in the event of the release or threat of release of hazardous substances into the
environment such that the waters of the State are or may be affected, such actions as may be
necessary to monitor, assess and evaluate such release or threat of release, actions of remediation,
removal or disposal of hazardous substances or taking such other actions as may be necessary to
prevent, minimize or mitigate damage to the public health or welfare or to the waters of the State
`%W which may otherwise result from a release or threat of release of a hazardous substance that will or
may affect the waters of the State. Remediation activities include the use of biostimulation with
indigenous microbes and bioaugmentation using microbes that are nonpathogenic, nonopportunistic
and that are naturally occurring. Remediation activities may include community information and
participation costs and providing an alternative drinking water supply.
"Rental Equipment" means tangible personal property sold, rented, leased, or licensed to customers
to the extent that the item is actually used by the customer for rental, lease, or license to others;
provided that:
(1) (Reserved)
(31) the vendee is regularly engaged in the business of renting, leasing, or licensing such
property for a consideration; and
(32) the item so claimed as "rental equipment" is not used by the person claiming the
exemption for any purpose other than rental, lease, or license for compensation, to
an extent greater than fifteen percent (15%) of its actual use.
"Rental Supply" means an expendable or nonexpendable repair or replacement part sold to become
part of "rental equipment", provided that:
(1) the documentation relating to each purchased item so claimed specifically itemizes to
the vendor the actual item of "rental equipment" to which the purchased item is
intended to be attached as a repair or replacement part; and
(2) the vendee is regularly engaged in the business of renting, leasing, or licensing such
property for a consideration; and
(3) the item so claimed as "rental equipment" is not used by the person claiming the
exemption for any purpose other than rental, lease, or license for compensation, to an
extent greater than fifteen percent (15%) of its actual use.
"Repairer" means a person who restores or renews products, wares, or articles of manufacture.
"Resides within the Town" means in cases other than individuals, whose legal addresses are
determinative of residence, the engaging, continuing, or conducting of regular business activity
within the Town.
"Restaurant" means any business activity where articles of food, drink, or condiment are customarily
prepared or served to patrons for consumption on or off the premises, also including bars, cocktail
lounges, the dining rooms of hotels, and all caterers. For the purposes of this Chapter, a "fast food"
business, which includes street vendors and mobile vendors selling in public areas or at
entertainment or sports or similar events, who prepares or sells food or drink for consumption on or
off the premises is considered a "restaurant", and not a "retailer".
"Retail Sale (Sale at Retail)" means the sale of tangible personal property, except the sale of
tangible personal property to a person regularly engaged in the business of selling such property.
"Retailer" means any person engaged or continuing in the business of sales of tangible personal
property at retail.
"Sale" means any transfer of title or possession, or both, exchange, barter, conditional or otherwise,
in any manner or by any means whatsoever, including consignment transactions and auctions, of
property for a consideration. "Sale" includes any transaction whereby the possession of such
property is transferred but the seller retains the title as security for the payment of the price. "Sale"
also includes the fabrication of tangible personal property for consumers who, in whole or in part,
furnish either directly or indirectly the materials used in such fabrication work.
"Speculative Builder" means either:
(1) an owner -builder who sells or contracts to sell, at anytime, improved real property (as
provided in Section 8A-416) consisting of:
A) custom, model, or inventory homes, regardless of the stage of completion of such
homes; or
B) improved residential or commercial lots without a structure; or
(2) an owner -builder who sells or contracts to sell improved real property, other than
improved real property specified in subsection (1) above:
A) prior to completion; or
B) before the expiration of twenty-four (24) months after the improvements of the real
property sold are substantially complete.
"Substantially Complete" means the construction contracting or reconstruction contracting:
(1) has passed final inspection or its equivalent; or
(2) certificate of occupancy or its equivalent has been issued; or
(3) is ready for immediate occupancy or use.
"Su tier" means any person who rents, leases, licenses, or makes sales of tangible personal
property within the Town, either directly to the consumer or customer or to wholesalers, jobbers,
fabricators, manufacturers, modifiers, assemblers, repairers, or those engaged in the business of
providing services which involve the use, sale, rental, lease, or license of tangible personal property.
"Tax Collector" means the Town Manager or his designee or agent for all purposes under this
Chapter.
"Taxpayer" means any person liable for any tax under this Chapter.
"Taxpayer Problem Resolution Officer" means the individual designated by the Town to perform the
duties identified in Sections 8A-515 and 8A-516. In towns with a population of 50,000 or more, the
Taxpayer Problem Resolution Officer shall be an employee of the town. In towns with a population
of less than 50,000, the Taxpayer Problem Resolution Officer need not be an employee of the town.
Regardless of whether the Taxpayer Problem Resolution Officer is or is not an employee of the
town, the Taxpayer Problem Resolution Officer shall have substantive knowledge of taxation. The
identity of and telephone number for the Taxpayer Problem Resolution Officer can be obtained from
the Tax Collector.
"Telecommunication Service" means any service or activity connected with the transmission or relay
of sound, visual image, data, information, images, or material over a communications channel or
any combination of communications channels.
"TRANSIENT" MEANS ANY PERSON WHO EITHER AT THE PERSONS OWN EXPENSE OR AT THE EXPENSE OF
ANOTHER OBTAINS LODGING SPACE OR THE USE OF LODGING SPACE ON A DAILY OR WEEKLY BASIS, OR ON
ANY OTHER BASIS FOR LESS THAN THIRTY (30) CONSECUTIVE DAYS.
"Utility Service" means the producing, providing, or furnishing of electricity, electric lights, current,
power, gas (natural or artificial), or water to consumers or ratepayers.
Section 2. Section 8A-266 of the Tax Code of the Town of Fountain Hills is amended to read:
Sec. 8A-266. Exclusion of motor carrier revenues from gross income.
There shall be excluded from gross income the gross proceeds of sale or gross income derived
from any of the following:
(a) a motor carrier's use on the public highways in this State if the motor carrier is subject to a fee
prescribed in A.R.S. TITLE 28, CHAPTER 15, ARTICLE 4 OR A.R.S. Title 28, Chapter 16, Article
4.
(b) Leasing, renting or licensing a motor vehicle subject to and upon which the fee has been paid
under A.R.S. Title 28, Chapter 16.
(c) The sale of a motor vehicle and any repair and replacement parts and tangible personal
property becoming a part of such motor vehicle, to a motor carrier who is subject to a fee
prescribed in A.R.S. Title 28, Chapter 16 and who is engaged in the business of leasing,
renting or licensing such property.
(d) for the purposes of these exclusions, "motor carrier" includes a motor vehicle weighing 26,000
0 pounds or more, a lightweight motor vehicle which weighs 12,001 pounds to 26,000 pounds
and a light motor vehicle weighing 12,000 pounds or less, which pay the fee prescribed in
A.R.S. TITLE 28, CHAPTER 15 OR A.R.S. Title 28, Chapter 16.
Section 3. Section 8A-410 of the Tax Code of the Town of Fountain Hills is amended to read:
Sec. 8A-410. Amusements, exhibitions, and similar activities.
(a) The tax rate shall be at an amount equal to two and six -tenths percent (2.6%) of the gross
income from the business activity upon every person engaging or continuing in THE BUSINESS
OF PROVIDING AMUSEMENT THAT BEGINS IN THE TOWN OR TAKES PLACE ENTIRELY WITHIN THE
TOWN, WHICH INCLUDES the following type or nature of businesses:
(1) operating or conducting theaters, movies, operas, shows of any type or nature,
exhibitions, concerts, carnivals, circuses, amusement parks, menageries, fairs,
races, contests, games, billiard or pool parlors, bowling alleys, skating rinks, tennis
courts, golf courses, video games, pinball machines, public dances, dance halls,
sports events, jukeboxes, batting and driving ranges, animal rides, or any other
business charging admission for exhibition, amusement, or entertainment.
(2) (Reserved)
(b) (Reserved) DEDUCTIONS OR EXEMPTIONS. THE GROSS PROCEEDS OF SALES OR GROSS INCOME
DERIVED FROM THE FOLLOWING SOURCES IS EXEMPT FROM THE TAX IMPOSED BY THIS SECTION:
(1)
(RESERVED)
(2)
AMOUNTS RETAINED BY THE ARIZONA EXPOSITION AND STATE FAIR BOARD FROM RIDE
TICKET SALES AT THE ANNUAL ARIZONA STATE FAIR.
(3)
INCOME RECEIVED FROM A HOTEL BUSINESS SUBJECT TO TAX UNDER SECTION 8A-444, IF
ALL OF THE FOLLOWING APPLY:
(A) THE HOTEL BUSINESS RECEIVES GROSS INCOME FROM A CUSTOMER FOR THE
SPECIFIC BUSINESS ACTIVITY OTHERWISE SUBJECT TO AMUSEMENT TAX.
(B) THE CONSIDERATION RECEIVED BY THE HOTEL BUSINESS IS EQUAL TO OR GREATER
THAN THE AMOUNT TO BE DEDUCTED UNDER THIS SUBSECTION.
(C) THE HOTEL BUSINESS HAS PROVIDED AN EXEMPTION CERTIFICATE TO THE PERSON
ENGAGING IN BUSINESS UNDER THIS SECTION.
(4)
INCOME THAT IS SPECIFICALLY INCLUDED AS THE GROSS INCOME OF A BUSINESS ACTIVITY
UPON WHICH ANOTHER SECTION OF THIS ARTICLE IMPOSES A TAX, THAT IS SEPARATELY
STATED TO THE CUSTOMER AND IS TAXABLE TO THE PERSON ENGAGED IN THAT
CLASSIFICATION NOT TO EXCEED CONSIDERATION PAID TO THE PERSON CONDUCTING THE
ACTIVITY.
(5)
INCOME FROM ARRANGING TRANSPORTATION CONNECTED TO AMUSEMENT ACTIVITY THAT
IS SEPARATELY STATED TO THE CUSTOMER, NOT TO EXCEED CONSIDERATION PAID TO THE
TRANSPORTATION BUSINESS.
(c) THE TAX IMPOSED BY THIS SECTION SHALL NOT INCLUDE ARRANGING AN AMUSEMENT ACTIVITY AS A
SERVICE TO A PERSONS CUSTOMERS IF THAT PERSON IS NOT OTHERWISE ENGAGED IN THE
BUSINESS OF OPERATING OR CONDUCTING AN AMUSEMENT THEMSELVES OR THROUGH OTHERS.
THIS EXCEPTION DOES NOT APPLY TO BUSINESSES THAT OPERATE OR CONDUCT AMUSEMENTS
PURSUANT TO CUSTOMER ORDERS AND SEND THE BILLINGS AND RECEIVE THE PAYMENTS
ASSOCIATED WITH THAT ACTIVITY, INCLUDING WHEN THE AMUSEMENT IS PERFORMED BY THIRD
PARTY INDEPENDENT CONTRACTORS, FOR THE PURPOSES OF THIS PARAGRAPH, "ARRANGING"
INCLUDES BILLING FOR OR COLLECTING AMUSEMENT CHARGES FROM A PERSONS CUSTOMERS ON
BEHALF OF THE PERSONS PROVIDING THE AMUSEMENT.
IL Section 4. Section 8A-415 of the Tax Code of the Town of Fountain Hills is amended to read:
Sec. 8A-415. Construction contracting: construction contractors.
(a) The tax rate shall be at an amount equal to two and six -tenths percent (2.6%) of the gross
income from the business upon every construction contractor engaging or continuing in the
business activity of construction contracting within the Town.
(1) However, gross income from construction contracting shall not include charges related
to groundwater measuring devices required by A.R.S. Section 45-604.
(2) (Reserved)
(3) gross income from construction contracting shall not include gross income from the
sale of manufactured buildings taxable under Section 8A-427.
(b) Deductions and exemptions.
(1)
Gross income derived from acting as a "subcontractor" shall be exempt from the tax
imposed by this Section.
(2)
All construction contracting gross income subject to the tax and not deductible herein
shall be allowed a deduction of thirty-five percent (35%).
(3)
The gross proceeds of sales or gross income attributable to the purchase of machinery,
equipment or other tangible personal property that is exempt from or deductible from
privilege or use tax under:
(A) Section 8A-465, subsections (g) and (p)
(B) Section 8A-660, subsections (g) and (p)
shall be exempt or deductible, respectively, from the tax imposed by this Section.
(4)
The gross proceeds of sales or gross income that is derived from a contract entered
into for the installation, assembly, repair or maintenance of income -producing capital
equipment, as defined in Section 8A-110, that is deducted from the retail classification
pursuant to Section 8A-465(g) that does not become a permanent attachment to a
building, highway, road, railroad, excavation or manufactured building or other
structure, project, development or improvement shall be exempt from the tax imposed
by this Section. If the ownership of the realty is separate from the ownership of the
income -producing capital equipment, the determination as to permanent attachment
shall be made as if the ownership was the same. The deduction provided in this
paragraph does not include gross proceeds of sales or gross income from that portion
of any contracting activity which consists of the development of, or modification to, real
property in order to facilitate the installation, assembly, repair, maintenance or removal
of the income -producing capital equipment. For purposes of this paragraph,
"permanent attachment" means at least one of the following:
(A) to be incorporated into real property.
(B) to become so affixed to real property that it becomes part of the real property.
(C) to be so attached to real property that removal would cause substantial damage
to the real property from which it is removed.
(5)
The gross proceeds of sales or gross income received from a contract for the
construction of an environmentally controlled facility for the raising of poultry for the
production of eggs and the sorting, or cooling and packaging of eggs shall be exempt
from the tax imposed under this Section.
(6)
The gross proceeds of sales or gross income that is derived from the installation,
assembly, repair or maintenance of cleanrooms that are deducted from the tax base of
the retail classification pursuant to Section 8A-465, subsection (g) shall be exempt from
the tax imposed under this Section.
(7)
The gross proceeds of sales or gross income that is derived from a contract entered
into with a person who is engaged in the commercial production of livestock, livestock
products or agricultural, horticultural, viticultural or floricultural crops or products in this
State for the construction, alteration, repair, improvement, movement, wrecking or
demolition or addition to or subtraction from any building, highway, road, excavation,
manufactured building or other structure, project, development or improvement used
directly and primarily to prevent, monitor, control or reduce air, water or land pollution
shall be exempt from the tax imposed under this Section.
(8) The gross proceeds of sales or gross income received from a post construction
contract to perform post -construction treatment of real property for termite and general
pest control, including wood destroying organisms, shall be exempt from tax imposed
under this Section.
(9) THROUGH DECEMBER 31, 2009, THE GROSS PROCEEDS OF SALES OR GROSS INCOME
RECEIVED FROM A CONTRACT FOR CONSTRUCTING ANY LAKE FACILITY DEVELOPMENT IN A
COMMERCIAL ENHANCEMENT REUSE DISTRICT THAT IS DESIGNATED PURSUANT TO A.R.S. § 9-
499.08 IF THE CONTRACTOR MAINTAINS THE FOLLOWING RECORDS IN A FORM SATISFACTORY
TO THE ARIZONA DEPARTMENT OF REVENUE AND TO THE TOWN:
(A) THE CERTIFICATE OF QUALIFICATION OF THE LAKE FACILITY DEVELOPMENT ISSUED BY
THE TOWN PURSUANT TO A.R.S. § 9-499.08, SUBSECTION D.
(B) ALL STATE AND LOCAL TRANSACTION PRIVILEGE TAX RETURNS FOR THE PERIOD OF
TIME DURING WHICH THE CONTRACTOR RECEIVED GROSS PROCEEDS OF SALES OR
GROSS INCOME FROM A CONTRACT TO CONSTRUCT A LAKE FACILITY DEVELOPMENT IN
A DESIGNATED COMMERCIAL ENHANCEMENT REUSE DISTRICT, SHOWING THE AMOUNT
EXEMPTED FROM STATE AND LOCAL TAXATION.
(C) ANY OTHER INFORMATION CONSIDERED TO BE NECESSARY.
(10) DEVELOPMENT OR IMPACT FEES INCLUDED IN A CONSTRUCTION OR DEVELOPMENT CONTRACT
FOR PAYMENT TO THE STATE OR LOCAL GOVERNMENT TO OFFSET GOVERNMENTAL COSTS OF
PROVIDING PUBLIC INFRASTRUCTURE, PUBLIC SAFETY AND OTHER PUBLIC SERVICES TO A
DEVELOPMENT.
(c) Subcontractor means a construction contractor performing work for either:
(1) a construction contractor who has provided the subcontractor with a written declaration
that he is liable for the tax for the project and has provided the subcontractor his town
Privilege License number.
(2) an owner -builder who has provided the subcontractor with a written declaration that:
(A) the owner -builder is improving the property for sale; and
- (B) the owner -builder is liable for the tax for such construction contracting activity;
,%W and
(C) the owner -builder has provided the contractor his town Privilege License number.
(3) a person selling new manufactured buildings who has provided the subcontractor with
a written declaration that he is liable for the tax for the site preparation and set-up; and
provided the subcontractor his Town Privilege License number.
Subcontractor also includes a construction contractor performing work for another subcontractor as
defined above.
Section 5. Section 8A-416 of the Tax Code of the Town of Fountain Hills is amended to read:
Sec. 8A-416. Construction contracting: speculative builders.
(a) The tax shall be equal to two and six -tenths percent (2.6%) of the gross income from the
business activity upon every person engaging or continuing in business as a speculative
builder within the Town.
(1) The gross income of a speculative builder considered taxable shall include the total
selling price from the sale of improved real property at the time of closing of escrow or
transfer of title.
(2) "Improved Real Property" means any real property:
(A) upon which a structure has been constructed; or
(B) where improvements have been made to land containing no structure (such as
paving or landscaping); or
(C) which has been reconstructed as provided by Regulation; or
® (D) where water, power, and streets have been constructed to the property line.
(3) "Sale of Improved Real Property" includes any form of transaction, whether
characterized as a lease or otherwise, which in substance is a transfer of title of, or
equitable ownership in, improved real property and includes any lease of the property
for a term of thirty (30) years or more (with all options for renewal being included as a
part of the term). In the case of multiple unit projects, "sale" refers to the sale of the
entire project or to the sale of any individual parcel or unit.
(4) "Partially Improved Residential Real Property," as used in this Section, means any
improved real property, as defined in subsection (a)(2) above, being developed for sale
to individual homeowners, where the construction of the residence upon such property
is not substantially complete at the time of the sale.
(b) Exclusions.
(1) In cases involving reconstruction contracting, the speculative builder may exclude from
gross income the prior value allowed for reconstruction contracting in determining his
taxable gross income, as provided by Regulation.
(2) Neither the cost nor the fair market value of the land which constitutes part of the
improved real property sold may be excluded or deducted from gross income subject to
the tax imposed by this Section.
(3) (Reserved)
(4) A speculative builder may exclude gross income from the sale of partially improved
residential real property as defined in (a)(4) above to another speculative builder only if
all of the following conditions are satisfied:
(A) The speculative builder purchasing the partially improved residential real
property has a valid Town privilege license for construction contracting as a
speculative builder; and
(B) At the time of the transaction, the purchaser provides the seller with a properly
completed written declaration that the purchaser assumes liability for and will
pay all privilege taxes which would otherwise be due the Town at the time of sale
of the partially improved residential real property; and
(C) The seller also:
(i) maintains proper records of such transactions in a manner similar to the
requirements provided in this chapter relating to sales for resale; and
(ii) retains a copy of the written declaration provided by the buyer for the
transaction; and
(iii) is properly licensed with the Town as a speculative builder and provides the
Town with the written declaration attached to the Town privilege tax return
where he claims the exclusion.
(c) Tax liability for speculative builder s occurs at close of escrow or transfer of title , whichever
occurs earlier, and is subject to the following provisions, relating to exemptions, deductions
and tax credits:
(1) Exemptions.
(A) The gross proceeds of sales or gross income attributable to the purchase of machinery,
equipment or other tangible personal property that is exempt from or deductible
from privilege or use tax under:
(i) Section 8A-465, subsections (g) and (p)
(ii)Section 8A-660, subsections (g) and (p)
shall be exempt or deductible, respectively, from the tax imposed by this Section.
(B) The gross proceeds of sales or gross income received from a contract for the
construction of an environmentally controlled facility for the raising of poultry for
the production of eggs and the sorting, or cooling and packaging of eggs shall be
exempt from the tax imposed under this Section.
(C) The gross proceeds of sales or gross income that is derived from the installation,
assembly, repair or maintenance of cleanrooms that are deducted from the tax
base of the retail classification pursuant to Section 8A-465, subsection (g) shall
be exempt from the tax imposed under this section.
(D) The gross proceeds of sales or gross income that is derived from a contract
entered into with a person who is engaged in the commercial production of
livestock, livestock products or agricultural, horticultural, viticultural or floricultural
crops or products in this state for the construction, alteration, repair,
improvement, movement, wrecking or demolition or addition to or subtraction
from any building, highway, road, excavation, manufactured building or other
structure, project, development or improvement used directly and primarily to
prevent, monitor, control or reduce air, water or land pollution shall be exempt
from the tax imposed under this Section.
(E) DEVELOPMENT OR IMPACT FEES INCLUDED IN A CONSTRUCTION OR DEVELOPMENT
CONTRACT FOR PAYMENT TO THE STATE OR LOCAL GOVERNMENT TO OFFSET
GOVERNMENTAL COSTS OF PROVIDING PUBLIC INFRASTRUCTURE, PUBLIC SAFETY AND
OTHER PUBLIC SERVICES TO A DEVELOPMENT.
(2) Deductions.
(A) All amounts subject to the tax shall be allowed a deduction in the amount of
thirty-five percent (35%).
(B) The gross proceeds of sales or gross income that is derived from a contract
entered into for the installation, assembly, repair or maintenance of income -
producing capital equipment, as defined in Section 8A-110, that is deducted from
the retail classification pursuant to Section 8A-465(g), that does not become a
permanent attachment to a building, highway, road, railroad, excavation or
manufactured building or other structure, project, development or improvement
shall be exempt from the tax imposed by this Section. If the ownership of the
realty is separate from the ownership of the income -producing capital equipment,
the determination as to permanent attachment shall be made as if the ownership
was the same. The deduction provided in this paragraph does not include gross
proceeds of sales or gross income from that portion of any contracting activity
which consists of the development of, or modification to, real property in order to
facilitate the installation, assembly, repair, maintenance or removal of the
income -producing capital equipment. For purposes of this paragraph,
"permanent attachment" means at least one of the following:
(i) to be incorporated into real property.
(ii) to become so affixed to real property that it becomes part of the real
property.
(iii) to be so attached to real property that removal would cause substantial
damage to the real property from which it is removed.
(3) Tax credits.
The following tax credits are available to owner -builders or speculative builder s, not to
exceed the tax liability against which such credits apply, provided such credits are
documented to the satisfaction of the tax collector:
(A) A tax credit equal to the amount of town privilege or use tax, or the equivalent
excise tax, paid directly to a taxing jurisdiction or as a separately itemized charge
paid directly to the vendor with respect to the tangible personal property
incorporated into the said structure or improvement to real property undertaken
by the owner -builder or speculative builder.
(B) A tax credit equal to the amount of privilege taxes paid to this Town, or charged
separately to the speculative builder, by a construction contractor , on the gross
income derived by said person from the construction of any improvement to the
real property.
(C) No credits provided herein may be claimed until such time that the gross income
against which said credits apply is reported.
Section 6. Section 8A-417 of the Tax Code of the Town of Fountain Hills is amended to read:
Sec. 8A-417. Construction contracting: owner -builders who are not speculative builders.
(a) At the expiration of twenty-four (24) months after improvement to the property is substantially
complete, the tax liability for an owner -builder who is not a speculative builder shall be at an
amount equal to two and six -tenths percent (2.6%) of:
(1) the gross income from the activity of construction contracting upon the real property in
question which was realized by those construction contractors to whom the owner -
builder provided written declaration that they were not responsible for the taxes as
prescribed in Subsection 8A-415(c)(2); and
(2) the purchase of tangible personal property for incorporation into any improvement to
real property, computed on the sales price.
(b) The tax liability of this Section is subject to the following provisions, relating to exemptions,
deductions and tax credits:
(1) Exemptions.
(A) The gross proceeds of sales or gross income attributable to the purchase of
machinery, equipment or other tangible personal property that is exempt from or
deductible from privilege or use tax under:
(i) Section 8A-465, subsections (g) and (p)
(ii) Section 8A-660, subsections (g) and (p)
shall be exempt or deductible, respectively, from the tax imposed by this Section.
(B) The gross proceeds of sales or gross income received from a contract for the
construction of an environmentally controlled facility for the raising of poultry for
the production of eggs and the sorting, or cooling and packaging of eggs shall be
exempt from the tax imposed under this Section.
(C) The gross proceeds of sales or gross income that is derived from the installation,
assembly, repair or maintenance of cleanrooms that are deducted from the tax
base of the retail classification pursuant to Section 8A-465, subsection (g) shall
be exempt from the tax imposed under this Section.
(D) The gross proceeds of sales or gross income that is derived from a contract
entered into with a person who is engaged in the commercial production of
livestock, livestock products or agricultural, horticultural, viticultural or floricultural
crops or products in this state for the construction, alteration, repair,
improvement, movement, wrecking or demolition or addition to or subtraction
from any building, highway, road, excavation, manufactured building or other
structure, project, development or improvement used directly and primarily to
prevent, monitor, control or reduce air, water or land pollution shall be exempt
from the tax imposed under this Section.
(E) DEVELOPMENT OR IMPACT FEES INCLUDED IN A CONSTRUCTION OR DEVELOPMENT
CONTRACT FOR PAYMENT TO THE STATE OR LOCAL GOVERNMENT TO OFFSET
GOVERNMENTAL COSTS OF PROVIDING PUBLIC INFRASTRUCTURE, PUBLIC SAFETY AND
OTHER PUBLIC SERVICES TO A DEVELOPMENT.
(2) Deductions.
(A) All amounts subject to the tax shall be allowed a deduction in the amount of
thirty-five percent (35%).
(B) The gross proceeds of sales or gross income that is derived from a contract
entered into for the installation, assembly, repair or maintenance of income -
producing capital equipment, as defined in Section 8A-110, that is deducted from
the retail classification pursuant to Section 8A-465(g), that does not become a
permanent attachment to a building, highway, road, railroad, excavation or
manufactured building or other structure, project, development or improvement
shall be exempt from the tax imposed by this Section. If the ownership of the
realty is separate from the ownership of the income -producing capital equipment,
the determination as to permanent attachment shall be made as if the ownership
was the same. The deduction provided in this paragraph does not include gross
proceeds of sales or gross income from that portion of any contracting activity
which consists of the development of, or modification to, real property in order to
facilitate the installation, assembly, repair, maintenance or removal of the
income -producing capital equipment. For purposes of this paragraph,
"permanent attachment" means at least one of the following:
(i) to be incorporated into real property.
(ii) to become so affixed to real property that it becomes part of the real
property.
(iii) to be so attached to real property that removal would cause substantial
damage to the real property from which it is removed.
(3) Tax credits.
The following tax credits are available to owner -builders and speculative builders, not
to exceed the tax liability against which such credits apply, provided such credits are
documented to the satisfaction of the tax collector:
(A) A tax credit equal to the amount of town privilege or use tax, or the equivalent
excise tax, paid directly to a taxing jurisdiction or as a separately itemized charge
paid directly to the vendor with respect to the tangible personal property
incorporated into the said structure or improvement to real property undertaken
by the owner -builder or speculative builder .
(B) A tax credit equal to the amount of privilege taxes paid to this Town, or charged
separately to the speculative builder, by a construction contractor , on the gross
income derived by said person from the construction of any improvement to the
real property.
(C) No credits provided herein may be claimed until such time that the gross income
against which said credits apply is reported.
(c) The limitation period for the assessment of taxes imposed by this Section is measured based
upon when such liability is reportable, that is, in the reporting period that encompasses the
twenty-fifth (25th) month after said unit or project was substantially complete. Interest and
penalties, as provided in Section 8A-540, will be based on reportable date.
(d) (Reserved)
11
Section 7. Section 8A-444 of the Tax Code of the Town of Fountain Hills is amended to read:
Sec.8A-444. Hotels.
The tax rate shall be at an amount equal to two and six -tenths percent (2.6%) of the gross income
from the business activity upon every person engaging or continuing in the business of operating a
hotel charging for lodging and/or lodging space furnished to any:
(a) Person.
(B) EXCLUSIONS. THE TAX IMPOSED BY THIS SECTION SHALL NOT INCLUDE:
(1) INCOME DERIVED FROM INCARCERATING OR DETAINING PRISONERS WHO ARE UNDER THE
JURISDICTION OF THE UNITED STATES, THIS STATE OR ANY OTHER STATE OR A POLITICAL
SUBDIVISION OF THIS STATE OR OF ANY OTHER STATE IN A PRIVATELY OPERATED PRISON,
JAIL OR DETENTION FACILITY.
(2) GROSS PROCEEDS OF SALES OR GROSS INCOME THAT IS PROPERLY INCLUDED IN ANOTHER
BUSINESS ACTIVITY UNDER THIS ARTICLE AND THAT IS TAXABLE TO THE PERSON ENGAGED
IN THAT BUSINESS ACTIVITY, BUT THE GROSS PROCEEDS OF SALES OR GROSS INCOME TO
BE DEDUCTED SHALL NOT EXCEED THE CONSIDERATION PAID TO THE PERSON CONDUCTING
THE ACTIVITY.
(3) GROSS PROCEEDS OF SALES OR GROSS INCOME FROM TRANSACTIONS OR ACTIVITIES THAT
ARE NOT LIMITED TO TRANSIENTS AND THAT WOULD NOT BE TAXABLE IF ENGAGED IN BY A
PERSON NOT SUBJECT TO TAX UNDER THIS ARTICLE.
(4) GROSS PROCEEDS OF SALES OR GROSS INCOME FROM TRANSACTIONS OR ACTIVITIES THAT
ARE NOT LIMITED TO TRANSIENTS AND THAT WOULD NOT BE TAXABLE IF ENGAGED IN BY A
PERSON SUBJECT TO TAXATION UNDER SECTION 8A-410 OR SECTION 8A-475 DUE TO AN
EXCLUSION, EXEMPTION OR DEDUCTION.
(5) GROSS PROCEEDS OF SALES OR GROSS INCOME FROM COMMISSIONS RECEIVED FROM A
PERSON PROVIDING SERVICES OR PROPERTY TO THE CUSTOMERS OF THE HOTEL.
HOWEVER, SUCH COMMISSIONS MAY BE SUBJECT TO TAX UNDER SECTION 8A-445 OR
SECTION 8A-450 AS RENTAL, LEASING OR LICENSING FOR USE OF REAL OR TANGIBLE
PERSONAL PROPERTY.
(6) INCOME FROM PROVIDING TELEPHONE, FAX OR INTERNET SERVICES TO CUSTOMERS AT AN
ADDITIONAL CHARGE, THAT IS SEPARATELY STATED TO THE CUSTOMER AND IS SEPARATELY
MAINTAINED IN THE HOTEL'S BOOKS AND RECORDS. HOWEVER, SUCH GROSS PROCEEDS
OF SALES OR GROSS INCOME MAY BE SUBJECT TO TAX UNDER SECTION 8A-470 AS
TELECOMMUNICATION SERVICES.
United States, this State or any ether ssta4te �F'_ApGlikal subdivisieR of this State eF e��
ether state iR a privately operated prisen, jam! eF detentien faGility is exempt fmm the tax
Section 8. Section 8A-447 of the Tax Code of the Town of Fountain Hills is amended to read:
Sec. 8A-447. Rental, leasing, and licensing for use of real property: additional tax upon
transient lodging.
In addition to the taxes levied as provided in Section 8A-444, there is hereby levied and shall be
collected an additional tax in the amount equal to three percent (3%) of the gross income from the
business activity of any hotel engaging or continuing within the Town in the business of charging for
lodging and/or lodging space furnished to any transient. " " means any person whe, for any
peFiod Of RGt mere than thiFty (30) GanSeGutive days, eitheF at hi6 own expense OF at the expense of
another, obtains lodging or the use ef any lodging spa- . n any hotel feF whooh ledging or use ef
Section 9. Section 8A-450 of the Tax Code of the Town of Fountain Hills is amended to read:
Sec. 8A-450. Rental, leasing, and licensing for use of tangible personal property.
(a) The tax rate shall be at an amount equal to two and six -tenths percent (2.6%) of the gross
income from the business activity upon every person engaging or continuing in the business
of leasing, licensing for use, or renting tangible personal property for a consideration,
including that which is semi -permanently or permanently installed within the Town as provided
by Regulation.
(b) Special provisions relating to long-term motor vehicle leases. A lease transaction involving a
motor vehicle for a minimum period of twenty-four (24) months shall be considered to have
occurred at the location of the motor vehicle dealership, rather than the location of the place
of business of the lessor, even if the lessor's interest in the lease and its proceeds are sold,
transferred, or otherwise assigned to a lease financing institution; provided further that the city
or town where such motor vehicle dealership is located levies a Privilege Tax or an equivalent
excise tax upon the transaction.
(c) Gross income derived from the following transactions shall be exempt from Privilege Taxes
imposed by this Section:
(1) rental, leasing, or licensing for use of tangible personal property to persons engaged or
continuing in the business of leasing, licensing for use, or rental of such property.
(2) rental, leasing, or licensing for use of tangible personal property that is semi -
permanently or permanently installed within another city or town that levies an
equivalent excise tax on the transaction.
(3) rental, leasing, or licensing for use of film, tape, or slides to a theater or other person
taxed under Section 8A-410, or to a radio station, television station, or subscription
television system.
(4) rental, leasing, or licensing for use of the following:
(A) prosthetics.
(B) income -producing capital equipment.
(C) mining and metallurgical supplies.
These exemptions include the rental, leasing, or licensing for use of tangible personal
property which, if it had been purchased instead of leased, rented, or licensed by the
lessee or licensee, would qualify as income -producing capital equipment or mining and
metallurgical supplies.
(5) rental, leasing, or licensing for use of tangible personal property to a qualifying hospital,
qualifying community health center or a qualifying health care organization, except
when the property so rented, leased, or licensed is for use in activities resulting in gross
income from unrelated business income as that term is defined in 26 U.S.C. Section
512 or rental, leasing, or licensing for use of tangible personal property in this State by
a nonprofit charitable organization that has qualified under Section 501(c)(3) of the
United States Internal Revenue Code and that engages in and uses such property
exclusively for training, job placement or rehabilitation programs or testing for mentally
or physically handicapped persons.
(6) separately billed charges for delivery, installation, repair, and/or maintenance as
provided by Regulation.
(7) charges for joint pole usage by a person engaged in the business of providing or
furnishing utility or telecommunication services to another person engaged in the
business of providing or furnishing utility or telecommunication services.
(8) (Reserved)
(9) rental, leasing, or licensing of aircraft that would qualify as aircraft acquired for use
outside the State, as prescribed by Regulation, if such rental, leasing, or licensing had
been a sale.
(10) rental, leasing and licensing for use of an alternative fuel vehicle as defined in A.R.S.
if such vehicle was manufactured as a diesel fuel vehicle and
converted to operate on alternative fuel and equipment that is installed in a
conventional diesel fuel motor vehicle to convert the vehicle to operate on an
alternative fuel, as defined in A.R.S. Section 1-215.
Section 10. Section 8A-455 of the Tax Code of the Town of Fountain Hills is amended to read:
Sec. 8A-455. Restaurants and Bars.
(a) The tax rate shall be at an amount equal to two and six -tenths percent (2.6%) of the gross
income from the business activity upon every person engaging or continuing in the business
of preparing or serving food or beverage in a bar, cocktail lounge, restaurant, or similar
establishment where articles of food or drink are prepared or served for consumption on or off
the premises, including also the activity of catering. Cover charges and minimum charges
must be included in the gross income of this business activity.
(b) Caterers and other taxpayers subject to the tax who deliver food and/or serve such food off
premises shall also be allowed to exclude separately charged delivery, set-up, and clean-up
charges, provided that the charges are also maintained separately in the books and records.
When a taxpayer delivers food and/or serves such food off premises, his regular business
location shall still be deemed the location of the transaction for the purposes of the tax
imposed by this Section.
(c) The tax imposed by this Section shall not apply to sales to a qualifying hospital, qualifying
community health center or a qualifying health care organization, except when sold for use in
activities resulting in gross income from unrelated business income as that term is defined in
26 U.S.C. Section 512.
(d) The tax imposed by this Section shall not apply to sales of food, beverages, condiments and
accessories used for serving food and beverages to a commercial airline, as defined in A.R.S.
§ 42-1310.01(A)(48)_5061(A)49, that serves the food and beverages to its passengers,
without additional charge, for consumption in flight.
(e) The tax imposed by this Section shall not apply to sales of prepared food, beverages,
condiments or accessories to a public educational entity, pursuant to any of the provisions of
Title 15, Arizona Revised Statutes, to the extent such items are to be prepared or served to
individuals for consumption on the premises of a public educational entity during school
hours.
(f) For the purposes of this Section, "accessories" means paper plates, plastic eating utensils,
napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other
items which facilitate the consumption of the food.
1.1
Section 11. Section 8A-465 of the Tax Code of the Town of Fountain Hills is amended to read:
Sec. 8A-465. Retail sales: exemptions.
Iitb.. Income derived from the following sources is exempt from the tax imposed by Section 8A-460:
(a) sales of tangible personal property to a person regularly engaged in the business of selling
such property.
(b) out -of -Town sales or out -of -State sales.
(c) charges for delivery, installation, or other direct customer services as prescribed by
Regulation.
(d) charges for repair services as prescribed by Regulation, when separately charged and
separately maintained in the books and records of the taxpayer.
(e) sales of warranty, maintenance, and service contracts, when separately charged and
separately maintained in the books and records of the taxpayer.
(f) sales of prosthetics.
(g) sales of income -producing capital equipment.
(h) sales of rental equipment and rental supplies.
(i) sales of mining and metallurgical supplies.
(j) sales of motor vehicle fuel and use fuel which are subject to a tax imposed under the
provisions of Article I or II, Chapter 16, Title 28, Arizona Revised Statutes; or sales of use fuel
to a holder of a valid single trip use fuel tax permit issued under A.R.S. Section 28-5739, or
sales of natural gas or liquefied petroleum gas used to propel a motor vehicle.
(k) sales of tangible personal property to a construction contractor who holds a valid Privilege
Tax License for engaging or continuing in the business of construction contracting where the
tangible personal property sold is incorporated into any structure or improvement to real
property as part of construction contracting activity.
(1) sales of motor vehicles to nonresidents of this State for use outside this State if the vendor
ships or delivers the motor vehicle to a destination outside this State.
(m) sales of tangible personal property which directly enters into and becomes an ingredient or
component part of a product sold in the regular course of the business of job printing,
manufacturing, or publication of newspapers, magazines, or other periodicals. Tangible
personal property which is consumed or used up in a manufacturing, job printing, publishing,
or production process is not an ingredient nor component part of a product.
(n) (Reserved)
(1) (Reserved)
(2) (Reserved)
(o) sales to hotels, bars, restaurants, dining cars, lunchrooms, boarding houses, or similar
establishments of articles consumed as food, drink, or condiment, whether simple, mixed, or
compounded, where such articles are customarily prepared or served to patrons for
consumption on or off the premises, where the purchaser is properly licensed and paying a
tax under Section 8A-455 or the equivalent excise tax upon such income.
(p) sales of tangible personal property to a qualifying hospital, qualifying community health center
or a qualifying health care organization, except when the property sold is for use in activities
resulting in gross income from unrelated business income as that term is defined in 26 U.S.C.
Section 512 or sales of tangible personal property purchased in this State by a nonprofit
charitable organization that has qualified under Section 501(c)(3) of the United States Internal
Revenue Code and that engages in and uses such property exclusively for training, job
placement or rehabilitation programs or testing for mentally or physically handicapped
persons.
(q) food purchased with food stamps provided through the food stamp program established by
the Food Stamp Act of 1977 (P.L. 95-113; 91 Stat. 958.7 U.S.C. Section 2011 et seq.) or
purchased with food instruments issued under Section 17 of the Child Nutrition Act (P.L. 95-
627; 92 Stat. 3603; and P.L. 99-669; Section 4302; 42 United States Code Section 1786) but
only to the extent that food stamps or food instruments were actually used to purchase such
food.
(r) (Reserved)
(1)
(Reserved)
(2)
(Reserved)
(3)
(Reserved)
(4)
(Reserved)
(s) sales of groundwater measuring devices required by A.R.S. Section 45-604.
(t) (Reserved)
(u) sales of aircraft acquired for use outside the State, as prescribed by Regulation.
(v) sales of food products by producers as provided for by A.R.S. Sections 3-561, 3-562 and 3-
563.
(w) (Reserved)
(x) (Reserved)
(y) (Reserved)
(z) (Reserved)
(aa) the sale of tangible personal property used in remediation contracting as defined in
Section 8A-100 and Regulation 8A-100.5.
(bb) sales of materials that are purchased by or for publicly funded libraries including school
district libraries, charter school libraries, community college libraries, state university libraries
or federal, state, county or municipal libraries for use by the public as follows:
(1) printed or photographic materials.
(2) electronic or digital media materials.
(cc)
� -1
sales of food, beverages, condiments and accessories used for serving food and beverages
to a commercial airline, as defined in A.R.S. § 42-5061(A)(5849), that serves the food and
beverages to its passengers, without additional charge, for consumption in flight. For the
purposes of this subsection, "accessories" means paper plates, plastic eating utensils,
napkins, paper cups, drinking straws, paper sacks or other disposable conta'
items which facilitate the consumption of the food.
(dd) in computing the tax base in the case of the sale or transfer of wireless telecommunication
equipment as an inducement to a customer to enter into or continue a contract for
telecommunication services that are taxable under Section 8A-470, gross proceeds of sales
or gross income does not include any sales commissions or other compensation received by
the retailer as a result of the customer entering into or continuing a contract for the
telecommunications services.
(ee) for the purposes of this Section, a sale of wireless telecommunication equipment to a person
who holds the equipment for sale or transfer to a customer as an inducement to enter into or
continue a contract for telecommunication services that are taxable under Section 8A-470 is
considered to be a sale for resale in the regular course of business.
(ff) sales of alternative fuel as defined in A.R.S. § 1-215, to a used oil fuel burner who has
received a Department of Environmental Quality permit to burn used oil or used oil fuel under
A.R.S. § 49-426 or § 49-480.
(gg) sales of food, beverages, condiments and accessories to a public educational entity,
pursuant to any of the provisions of Title 15, Arizona Revised Statutes; to the extent such
items are to be prepared or served to individuals for consumption on the premises of a public
educational entity during school hours. For the purposes of this subsection, "accessories"
means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper
sacks or other disposable containers, or other items which facilitate the consumption of the
food.
(hh) sales of personal hygiene items to a person engaged in the business of and subject to tax
under Section 8A-444 of this code if the tangible personal property is furnished without
additional charge to and intended to be consumed by the person during his occupancy.
(ii) For the purposes of this Section, the diversion of gas from a pipeline by a person engaged in
IL the business of operating a natural or artificial gas pipeline, for the sole purpose of fueling
compressor equipment to pressurize the pipeline, is not a sale of the gas to the operator of
the pipeline.
(jj) Sales of food , beverages, condiments and accessories to a nonprofit charitable organization
that has qualified as an exempt organization under 26 U.S.0 Section 501(c)(3) and regularly
serves meals to the needy and indigent on a continuing basis at no cost. For the purposes of
this subsection, "accessories" means paper plates, plastic eating utensils, napkins, paper
cups, drinking straws, paper sacks or other disposable containers, or other items which
facilitate the consumption of the food.
(Res Ned)
04 (kk) sales of motor vehicles that use alternative fuel
vehicle was manufactured as a diesel fuel vehicle and converted to operate on alternative
fuel and sales of equipment that is installed in a conventional diesel fuel motor vehicle to
convert the vehicle to operate on an alternative fuel, as defined in A.R.S. § 1-215.
r�
L
Section 12. Section 8A-470 the Tax Code of the Town of Fountain Hills is amended to read:
Sec. 8A-470. Telecommunication services.
(a) The tax rate shall be at an amount equal to two and six -tenths percent (2.6%) of the gross
income from the business activity upon every person engaging or continuing in the business
of providing telecommunication services to consumers within this Town.
(1) Telecommunication services shall include:
(A) two-way voice, sound, and/or video communication over a communications
channel.
(B) one-way voice, sound, and/or video transmission or relay over a communications
channel.
(C) facsimile transmissions.
(D) providing relay or repeater service.
(E) providing computer interface services over a communications channel.
(F) time-sharing activities with a computer accomplished through the use of a
communications channel.
(2) Gross income from the business activity of providing telecommunication services to
consumers within this Town shall include:
(A) all fees for connection to a telecommunication system.
(B) toll charges, charges for transmissions, and charges for other
telecommunications services; provided that such charges relate to transmissions
originating in the Town and terminating in this State.
(C) fees charged for access to or subscription to or membership in a
telecommunication system or network.
(D) charges for monitoring services relating to a security or burglar alarm system
located within the Town where such system transmits or receives signals or data
over a communications channel.
(E) CHARGES FOR TELEPHONE, FAX OR INTERNET ACCESS SERVICES PROVIDED AT AN
ADDITIONAL CHARGE BY A HOTEL BUSINESS SUBJECT TO TAXATION UNDER
SECTION 8A-444.
(b) Resale telecommunication services. Gross income from sales of telecommunication services
to another provider of telecommunication services for the purpose of providing the
purchaser's customers with such service shall be exempt from the tax imposed by this
Section; provided, however, that such purchaser is properly licensed by the Town to engage
in such business.
(c) Interstate transmissions. Charges by a provider of telecommunication services for
transmissions originating in the Town and terminating outside the State are exempt from the
tax imposed by this Section.
(d) (Reserved)
(e) (Reserved)
(f) Prepaid calling cards. Telecommunications services purchased with a prepaid calling card
that are taxable under Section 8A-460 are exempt from the tax imposed under this Section.
(g) Internet Access Services - the gross income subject to tax under this section shall not include
sales of internet access services to the person's subscribers and customers. For the
purposes of this subsection:
(1) "Internet" means the computer and telecommunications facilities that comprise the
® interconnected worldwide network of networks that employ the transmission control
® protocol or internet protocol, or any predecessor or successor protocol, to communicate
information of all kinds by wire or radio.
(2) "Internet Access" means a service that enables users to access content, information,
electronic mail or other services over the internet. Internet access does not include
telecommunication services provided by a common carrier.
Section 13. Section 8A-475 the Tax Code of the Town of Fountain Hills is amended to read:
Sec. 8A-475. Transporting for hire.
The tax rate shall be at an amount equal to two and six -tenths percent (2.6%) of the gross income
from the business activity upon every person engaging or continuing in the business of providing the
following forms of transportation for hire from this Town to another point within the State:
(a) transporting of persons or property by railroad; provided, however, that the tax imposed by
this subsection shall not apply to transporting freight or property for hire by a railroad
operating exclusively in this State if the transportation comprises a portion of a single
shipment of freight or property, involving more than one railroad, either from a point in this
State to a point outside this State or from a point outside this State to a point in this State. For
purposes of this paragraph, "a single shipment" means the transportation that begins at the
point at which one of the railroads first takes possession of the freight or property and
continues until the point at which one of the railroads relinquishes possession of the freight or
property to a party other than one of the railroads.
(b) transporting of oil or natural or artificial gas through pipe or conduit.
(c) transporting of property by aircraft.
(d) transporting of persons or property by motor vehicle, including towing and the operation of
private car lines, as such are defined in Article VII, Chapter 14, Title 42 , Arizona Revised
Statutes; provided, however, that the tax imposed by this subsection shall not apply to:
(1) gross income subject to the tax imposed by Article IV, Chapter 16, Title 28, Arizona
® Revised Statutes.
(2) gross income derived from the operation of a governmentally adopted and controlled
program to provide urban mass transportation.
(3) (Reserved)
(4) (Reserved)
(E) (RESERVED)
(F) DEDUCTIONS OR EXEMPTIONS. THE GROSS PROCEEDS OF SALES OR GROSS INCOME DERIVED
FROM THE FOLLOWING SOURCES IS EXEMPT FROM THE TAX IMPOSED BY THIS SECTION:
(1) INCOME THAT IS SPECIFICALLY INCLUDED AS THE GROSS INCOME OF A BUSINESS ACTIVITY
UPON WHICH ANOTHER SECTION OF ARTICLE IV IMPOSES A TAX, THAT IS SEPARATELY
STATED TO THE CUSTOMER AND IS TAXABLE TO THE PERSON ENGAGED IN THAT
CLASSIFICATION NOT TO EXCEED CONSIDERATION PAID TO THE PERSON CONDUCTING THE
ACTIVITY.
(2) INCOME FROM ARRANGING AMUSEMENT OR TRANSPORTATION WHEN THE AMUSEMENT OR
TRANSPORTATION IS CONDUCTED BY ANOTHER PERSON NOT TO EXCEED CONSIDERATION
PAID TO THE AMUSEMENT OR TRANSPORTATION BUSINESS.
(G) THE TAX IMPOSED BY THIS SECTION SHALL NOT INCLUDE ARRANGING TRANSPORTATION AS A
CONVENIENCE TO A PERSONS CUSTOMERS IF THAT PERSON IS NOT OTHERWISE ENGAGED IN THE
BUSINESS OF TRANSPORTING PERSONS, FREIGHT OR PROPERTY FOR HIRE. THIS EXCEPTION DOES
NOT APPLY TO BUSINESSES THAT DISPATCH VEHICLES PURSUANT TO CUSTOMER ORDERS AND SEND
THE BILLINGS AND RECEIVE THE PAYMENTS ASSOCIATED WITH THAT ACTIVITY, INCLUDING WHEN
THE TRANSPORTATION IS PERFORMED BY THIRD PARTY INDEPENDENT CONTRACTORS. FOR THE
PURPOSES OF THIS PARAGRAPH, "ARRANGING" INCLUDES BILLING FOR OR COLLECTING
TRANSPORTATION CHARGES FROM A PERSON°S CUSTOMERS ON BEHALF OF THE PERSONS
PROVIDING THE TRANSPORTATION.
Section 14. Section 8A-660 of the Tax Code of the Town of Fountain Hills is amended to read:
Sec. 8A-660. Use tax: exemptions.
The storage or use in this Town of the following tangible personal property is exempt from the Use
Tax imposed by this Article:
(a) tangible personal property brought into the Town by an individual who was not a resident of
the Town at the time the property was acquired for his own use, if the first actual use of such
property was outside the Town, unless such property is used in conducting a business in this
Town.
(b) tangible personal property, the value of which does not exceed the amount of one thousand
dollars ($1,000) per item, acquired by an individual outside the limits of the Town for his
personal use and enjoyment.
(c) charges for delivery, installation, or other customer services, as prescribed by Regulation.
(d) charges for repair services, as prescribed by Regulation.
(e) separately itemized charges for warranty, maintenance, and service contracts.
(f) prosthetics.
(g) income -producing capital equipment.
(h) rental equipment and rental supplies.
(i) mining and metallurgical supplies.
(j) motor vehicle fuel and use fuel which are used upon the highways of this State and upon
which a tax has been imposed under the provisions of Article I or II, Chapter 16, Title 28,
Arizona Revised Statutes.
(k) tangible personal property purchased by a construction contractor, but not an owner -builder,
when such person holds a valid Privilege License for engaging or continuing in the business
of construction contracting, and where the property acquired is incorporated into any structure
or improvement to real property in fulfillment of a construction contract.
(1) sales of motor vehicles to nonresidents of this State for use outside this State if the vendor
ships or delivers the motor vehicle to a destination outside this State.
(m) tangible personal property which directly enters into and becomes an ingredient or component
part of a product sold in the regular course of the business of job printing, manufacturing, or
publication of newspapers, magazines or other periodicals. Tangible personal property which
is consumed or used up in a manufacturing, job printing, publishing, or production process is
not an ingredient nor component part of a product.
(n) rental, leasing, or licensing for use of film, tape, or slides by a theater or other person taxed
under Section 8A-410, or by a radio station, television station, or subscription television
system.
(o) food served to patrons for a consideration by any person engaged in a business properly
licensed and taxed under Section 8A-455, but not food consumed by owners, agents, or
employees of such business.
(p) tangible personal property acquired by a qualifying hospital, qualifying community health
center or a qualifying health care organization, except when the property is in fact used in
activities resulting in gross income from unrelated business income as that term is defined in
26 U.S.C. Section 512.
(q) food purchased with food stamps provided through the food stamp program established by
the Food Stamp Act of 1977 (P.L. 95-113; 91 Stat. 958.7 U.S.C. Section 2011 et sea.) or
purchased with food instruments issued under Section 17 of the Child Nutrition Act (P.L. 95-
627; 92 Stat. 3603; and P.L. 99-669; Section 4302; 42 United States Code Section 1786).
(r) (Reserved)
(1)
(Reserved)
(2)
(Reserved)
(3)
(Reserved)
(4)
(Reserved)
(s) groundwater measuring devices required by A.R.S. Section 45-604.
(t) (Reserved)
(u) aircraft acquired for use outside the State, as prescribed by Regulation.
(v) sales of food products by producers as provided for by A.R.S. Sections 3-561, 3-562 and 3-
563.
(w) (Reserved)
(x) (Reserved)
(y) (Reserved)
(z) tangible personal property used or stored by this Town.
(aa) tangible personal property used in remediation contracting as defined in Section 8A-100 and
Regulation 8A-100.5.
(bb) materials that are purchased by or for publicly funded libraries including school district
libraries, charter school libraries, community college libraries, state university libraries or
federal, state, county or municipal libraries for use by the public as follows:
(1) printed or photographic materials.
(2) electronic or digital media materials.
(cc) food, beverages, condiments and accessories used for serving food and beverages to a
commercial airline, as defined in A.R.S. § 42-5061(A)(5949), that serves the food and
beverages to its passengers, without additional charge, for consumption in flight. For the
purposes of this subsection, "accessories" means paper plates, plastic eating utensils,
napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other
items which facilitate the consumption of the food.
(dd) wireless telecommunication equipment that is held for sale or transfer to a customer as an
inducement to enter into or continue a contract for telecommunication services that are
taxable under Section 8A-470.
,, (ee) (Reserved)
(ff) alternative fuel as defined in A.R.S. § 1-215, by a used oil fuel burner who has received a
Department of Environmental Quality permit to burn used oil or used oil fuel under A.R.S. §
49-426 or § 49-480.
(gg) food, beverages, condiments and accessories purchased by or for a public educational entity,
pursuant to any of the provisions of Title 15, Arizona Revised Statutes; to the extent such
items are to be prepared or served to individuals for consumption on the premises of a public
educational entity during school hours. For the purposes of this subsection, "accessories"
means paper plates, plastic eating utensils, napkins, paper cups, drinking straws, paper
sacks or other disposable containers, or other items which facilitate the consumption of the
food.
(hh) personal hygiene items purchased by a person engaged in the business of and subject to tax
under Section 8A-444 of this code if the tangible personal property is furnished without
additional charge to and intended to be consumed by the person during his occupancy.
(ii) The diversion of gas from a pipeline by a person engaged in the business of operating a
natural or artificial gas pipeline, for the sole purpose of fueling compressor equipment to
pressurize the pipeline, is not a sale of the gas to the operator of the pipeline.
(jj) Food , beverages, condiments and accessories purchased by or for a nonprofit charitable
organization that has qualified as an exempt organization under 26 U.S.0 Section 501(c)(3)
and regularly serves meals to the needy and indigent on a continuing basis at no cost. For
the purposes of this subsection, "accessories" means paper plates, plastic eating utensils,
napkins, paper cups, drinking straws, paper sacks or other disposable containers, or other
items which facilitate the consumption of the food.
(kk) —(served)
ID (-41-} (kk) sales of motor vehicles that use alternative fuel if such
vehicle was manufactured as a diesel fuel vehicle and converted to operate on alternative
fuel and sales of equipment that is installed in a conventional diesel fuel motor vehicle to
convert the vehicle to operate on an alternative fuel, as defined in A.R.S. § 1-215.
Section 15. Regulation 8A-447.1 of the Tax Code of the Town of Fountain Hills is amended to
read:
Regulation 8A-447.1 of the Tax Code of the Town of Fountain Hills is repealed.
C]