HomeMy WebLinkAboutRes 2015-56RESOLUTION 2015-56
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 2012-2014 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 2012-2014 Amendments to the Tax
Code ofthe Town of Fountain Hills,"of which one copy ison file in the office of the Town Clerk
and open for public inspection during normal business hours,is hereby declared to be a 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 19,2015.
FOR THE TOWN OF FOUNTAIN HILLS:ATTESTED TO:
fnda M.Kavanagh,MayorC/
REVIEWED BY:
4 .waAc^
wn Manager
2497772.1
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fder,Town Clerk
APPROVED AS TO FORM:
Andrew J. McGuire, Town Attorney
SUMMARY OF CHANGES TO MODEL CITY TAX CODE
The attached Ordinance and Resolution incorporate into the local tax code all of the Model City Tax Code
changes approved by the Municipal Tax Code Commission from 2012 through 2014,as described below
by Resolution Section number.
Section 1
Section 100 adds language to the existing definitions of "Business"and "Prosthetic".This change
excludes thesaleof electricity generated by consumer equipment from the definition of "Business".
Adding this exclusion means persons that make such sales (e.g.residential solar energy sales)are not
deemed to be in the business of providing Utilities,and thus are not required to have a Privilege Tax
License to makesuch sales.The additional language thatadds Orthodontics tothe definition of
"Prosthetic"isa change intended to conform the Code to State statute.These changes are effective
retroactively fromandafter January 1,2007for "Business,"and October 1,2007for "Prosthetic."
Section 2
Section 120 is repealed,eliminating the definition of "Food for Home Consumption."The elements of
this definition are incorporated in new Section 462,creating a separate "Food for Home Consumption"
tax classification apart from the Retail classification.This section is effective from and after July 1,2013.
Section 3
Section 200 is amended to add conforming language under the determination of gross income that is
related to nuclear fuel sales as found in State statute.This section is effective from and after July 1,2013.
Section 4
This section repeals and replaces all of Article III -Licensing and Recordkeeping.This is a critical step in
TPT Simplification that has the effect of making licensing as uniform as possible across all cities and
towns.Note that this section completely replaces the entirety of Article III in every city and town's tax
code.This change also eliminates all Regulations numbered in the 300's,as well as eliminating all Green
Sheetitemsrelatedto tax licensing.This sectionalso eliminatesthe useof the taxlicenseas a meansto
regulate business for any purpose other than tax collection.From now on,all licensing and enforcement
ofa regulatory nature such as zoning,use permits,special events,inspections,etc.,must be accomplished
by a separate business license.This section is effective from and after January 1,2015.
Section 5
Section 422 is amended to remove an obsolete code reference related to Jet Fuel Sales. This section is
effective retroactively fromandafter September 21,2006.
Section 6
Section 425 is amended to add an exemption from tax on Job Printing for sales of postage and freight in
conformity with State statute.This element is effective retroactively from and after September 21,2006.
Also,Local Option #MM is eliminated effective July1,2012,also in conformity with State statute.
Section 7
Section 445 is amended to adopt the final version ofa new exemption for Real Property Leases between
Affiliated Entities.Thissectionis effective retroactively fromandafterJuly20,2011.
Section 8
Section 450is amended to conform tothenewState exemption andcity preemption that makes the
leasing of certified ignition interlock devices required under DUI laws exempt from tax under Tangible
Personal Property Rental.This sectioniseffective retroactively fromandafterSeptember1,2004.