There is a newer version of the Arizona Revised Statutes
2010 Arizona Revised Statutes
Title 43 - Taxation of Income
Chapter 1 | DEFINITIONS AND GENERAL PROVISIONS |
Article 1 | General Provisions |
43-101 | Title |
43-102 | Declaration of intent |
43-103 | Effective date |
43-104 | Definitions |
43-105 | Internal revenue code; definition; application |
43-106 | Application of internal revenue code to income tax for the 1993 taxable year |
Chapter 2 | ADMINISTRATION |
Article 1 | General Administrative Provisions |
43-201 | Preemption by state of income taxation |
43-202 | Object of tax |
43-203 | Severability |
43-204 | Repeal; savings clause |
43-206 | Urban revenue sharing fund; allocation; distribution |
43-207 | Illegal income; duty of law enforcement or prosecuting agency; distribution of revenue; definitions |
43-208 | Administration and enforcement |
43-209 | Collection of tax on income of professional athletes earned in this state; separate accounting for tax revenue from professional football; definition |
43-210 | Premium tax credit; health insurance; certification of qualified persons; violation; classification; definitions |
43-211 | I didn't pay enough fund |
Article 2 | Income Tax Credit Review |
43-221 | Joint legislative income tax credit review committee |
43-222 | Income tax credit review schedule |
43-223 | Requirements for new income tax credits established by the legislature |
Article 3 | Miscellaneous Provisions |
43-241 | Time for performance of acts; definition |
Chapter 3 | RETURNS |
Article 1 | Taxpayers Required to File Returns |
43-301 | Individual returns; definition |
43-303 | Returns by agent or guardian |
43-304 | Fiduciary returns |
43-305 | Fiduciary returns; two or more fiduciaries |
43-306 | Partnership returns |
43-307 | Corporation returns |
43-308 | Gross income defined for purposes of determination to file |
43-309 | Joint returns of husband and wife |
43-310 | Separate returns after filing joint returns |
43-311 | Joint return after filing separate return |
Article 2 | Form, Place and Time of Filing Returns |
43-321 | Information required in returns |
43-322 | Signature presumed to be taxpayer's |
43-323 | Place and form of filing returns |
43-324 | Rounding to the nearest dollar |
43-325 | Time for filing returns |
43-327 | Recomputation of tax or amended return due after federal adjustment; definition |
43-328 | Returns filed by persons outside the United States |
Article 5 | Confidentiality |
43-381 | Confidentiality of information if returns prepared by person other than taxpayer; violation; classification |
43-382 | Solicitation of return preparation prohibited; classification |
Chapter 4 | WITHHOLDING |
Article 1 | Withholding by Employer |
43-401 | Withholding tax; rates; election by employee |
43-402 | Definition of "employer" |
43-403 | Employment excluded from withholding |
43-404 | Extension of withholding to military retirement pensions and to other annuities; definition |
43-405 | Extension of withholding to gambling winnings |
43-406 | Extension of withholding to premature withdrawals of state and local government retirement contributions |
43-407 | Extension of withholding to unemployment compensation payments |
43-408 | Voluntary withholding on out-of-state wages |
Article 2 | Rights and Duties of Employers |
43-411 | Employer entitled to address of employee |
43-412 | Returns of withholding to be filed with department |
43-413 | Statement of withholding to employees |
43-414 | Liability for failure to withhold |
43-415 | Withholdings as trust fund for state |
43-416 | Failure to remit withholding; classification |
43-417 | Withholding without resort to legal action |
43-418 | Payroll service company; registration; definitions |
43-419 | Electronic remittance and filing required by payroll service company; penalty; definitions |
Article 3 | Withholding as Payment of Tax for Employee |
43-431 | Amounts withheld considered part payment of tax |
43-432 | Refund for excess withholding |
43-433 | Remedies for withheld taxes |
43-434 | Exemption in case of nonresident employees |
43-435 | Failure to collect and pay over tax; personal liability |
Chapter 5 | PAYMENT AND COLLECTION OF TAX |
Article 1 | Time and Place for Payment of Tax |
43-501 | When taxes are payable |
43-504 | Tax payments made in advance |
43-505 | Tax payments made to department; order of crediting |
Article 5 | Collections |
43-562 | Husband and wife, liability for tax |
43-563 | Recovery of erroneous refunds |
43-567 | Lien for tax on trust income |
43-568 | Income taxes of members of armed forces upon death |
Article 6 | Estimated Tax |
43-581 | Payment of estimated tax; penalty; forms |
43-582 | Payment of estimated tax by corporations; penalty; forms |
Chapter 6 | ABATEMENTS, CREDITS AND REFUNDS |
Article 1 | Refunds |
43-611 | Protest of tax deemed claim for refund |
43-612 | Contribution of portion of income tax refund to political parties trust fund |
43-613 | Contribution to child abuse prevention fund |
43-614 | Contribution of portion of refund to Arizona special olympics |
43-615 | Contribution to game, nongame, fish and endangered species fund |
43-616 | Contribution to neighbors helping neighbors fund |
43-617 | Contribution for state aid to public schools |
43-618 | Contribution to domestic violence shelter fund |
43-619 | Contribution to national guard relief fund |
43-620 | Contribution to veterans' donations fund |
43-621 | Contribution to I didn't pay enough fund |
Article 3 | Other Tax Abatements |
43-645 | Interest on related items or where related taxpayers exist |
Chapter 7 | JEOPARDY ASSESSMENTS; BANKRUPTCY; RECEIVERSHIP |
Article 2 | Bankruptcy or Receivership |
43-721 | Immediate assessment upon bankruptcy or receivership |
43-722 | Notice of bankruptcy or receivership to department |
43-723 | Claim for tax in case of bankruptcy or receivership |
43-724 | Collection of tax in case of bankruptcy or receivership |
Chapter 9 | GENERAL ACCOUNTING PROVISIONS |
Article 1 | Accounting Considerations |
43-901 | Accounting period and method |
43-902 | Change of accounting period |
43-903 | Period in which income items to be included |
43-904 | Inclusion of income in the case of non-interest-bearing obligations issued at a discount |
43-905 | Period in which deductions and credits to be taken |
Article 2 | Change in Law; Effect on Fiscal Year Taxpayer |
43-921 | Computation of tax when law changed |
43-922 | Payment or refund of tax when law changed |
43-923 | Change in tax rates |
Article 3 | Returns for a Period of Less Than Twelve Months |
43-931 | Change of accounting period; computation of income; due date of return |
43-932 | Income placed on an annual basis |
43-933 | Alternative computation of short period income |
43-934 | Return for a taxpayer not in existence throughout a complete taxable year |
Article 4 | Allocation of Income and Deductions by the Department |
43-941 | Allocation in the case of affiliated taxpayers |
43-942 | Allocation in the case of controlled corporations |
43-943 | Allocation in the case of husband and wife |
43-944 | Disclosure by department of basis of allocation |
43-945 | Allocation of personal and dependency exemptions |
43-946 | Transactions between corporations and affiliated taxpayers |
43-947 | Consolidated returns by an affiliated group of corporations; definitions |
Article 5 | Transferee Liability |
43-951 | Assessment against transferee for tax |
43-952 | Liability of transferee of assets |
43-953 | Period of limitation relating to transferees |
Article 6 | Items Not Deductible |
43-961 | Items not deductible in computation of taxable income |
Chapter 10 | INDIVIDUALS |
Article 1 | Definitions |
43-1001 | Definitions |
43-1002 | Married person; application of definition |
Article 2 | Tax Rates and Tables |
43-1011 | Taxes and tax rates |
43-1012 | Optional tax table |
Article 3 | Adjustments to Arizona Gross Income |
43-1021 | Additions to Arizona gross income |
43-1022 | Subtractions from Arizona gross income |
43-1023 | Exemptions for blind persons, persons over sixty‑five years of age and dependents |
43-1024 | Amortization of private commercial capital investment by qualified defense contractor |
43-1025 | Agricultural crops contributed to charitable organizations; definitions |
43-1027 | Subtraction for wood stoves, wood fireplace or gas fired fireplaces; definitions |
43-1028 | Medical savings accounts; reports |
43-1029 | Restoration of a substantial amount held under claim of right; computation of tax |
43-1030 | Subtraction for World War II victims |
43-1031 | Subtraction for constructing an energy efficient residence |
43-1032 | Displaced pupils choice grants not taxable income |
Article 4 | Deductions and Personal Exemptions |
43-1041 | Optional standard deduction |
43-1042 | Itemized deductions |
43-1043 | Personal exemptions |
Article 5 | Credits |
43-1071 | Credit for income taxes paid to other states; definitions |
43-1072 | Earned credit for property taxes; residents sixty-five years of age or older; definitions |
43-1072.01 | Credit for increased excise taxes paid |
43-1073 | Family income tax credit |
43-1074 | Credit for increased employment in enterprise zones; definitions |
43-1074.01; Version 2 | Credit for increased research activities |
43-1074.01 | Credit for increased research activities |
43-1074.02 | Credit for investment in qualified small businesses |
43-1075 | Credit for motion picture production costs; definitions |
43-1075.01 | Credit for motion picture infrastructure projects; definition |
43-1076 | Credit for employment by a healthy forest enterprise |
43-1077 | Credit for employment by qualified defense contractor |
43-1078 | Credit for property taxes paid by qualified defense contractor |
43-1079 | Credit for increased employment in military reuse zones; definition |
43-1079.01 | Credit for employing national guard members |
43-1080 | Credit for construction costs of qualified environmental technology facility |
43-1081 | Credit for pollution control equipment |
43-1081.01 | Credit for agricultural pollution control equipment |
43-1081.02 | Credit for taxpayers participating in agricultural preservation district |
43-1082 | Credit for construction materials incorporated into qualifying facility; definitions |
43-1083 | Credit for solar energy devices |
43-1083.01 | Credit for renewable energy industry |
43-1083.02 | Renewable energy production tax credit; definitions |
43-1084 | Credit for agricultural water conservation system |
43-1085 | Credit for solar energy devices; commercial and industrial applications |
43-1085.01 | Credit for solar liquid fuel; research and development; production; delivery systems; definitions |
43-1086 | Credit for donation to the military family relief fund |
43-1087 | Credit for employment of temporary assistance for needy families recipients |
43-1088 | Credit for contribution to qualifying charitable organizations; definitions |
43-1088.01 | Credit for technology training; definition |
43-1089; Version 2 | Credit for contributions to school tuition organization; definitions |
43-1089 | Credit for contributions to school tuition organization; definitions |
43-1089.01 | Tax credit; public school fees and contributions; definitions |
43-1089.02 | Credit for donation of school site |
43-1090 | Credit for solar hot water heater plumbing stub outs and electric vehicle recharge outlets installed in houses constructed by taxpayer |
43-1090.01 | Credit for water conservation systems; definition |
Article 6 | Nonresidents |
43-1091 | Gross income of a nonresident |
43-1092 | Intangible income of a nonresident |
43-1093 | Nonresident beneficiary of estate or trust income |
43-1094 | Adjusted gross income of a nonresident |
43-1095 | Taxable income of a nonresident |
43-1096 | Credit for income taxes paid by nonresident; definitions |
43-1097 | Change of residency status |
43-1098 | Apportionment of exemptions |
43-1099 | Applicability of article |
Chapter 11 | CORPORATIONS |
Article 1 | Definitions |
43-1101 | Definitions |
Article 2 | Taxes and Rates |
43-1111 | Tax rates for corporations |
Article 3 | Adjustments to Arizona Gross Income |
43-1121 | Additions to Arizona gross income; corporations |
43-1122 | Subtractions from Arizona gross income; corporations |
43-1123 | Net operating loss; definition |
43-1124 | Arizona capital loss carryover; corporations |
43-1125 | Domestic international sales corporation |
43-1126 | Small business corporation; election as to taxable status; return; termination |
43-1127 | Deferred exploration expenses |
43-1129 | Amortization of expenses incurred in acquisition of pollution control devices; depreciation |
43-1130 | Amortization of the cost of child care facilities |
43-1130.01 | Restoration of a substantial amount held under claim of right; computation of tax |
Article 4 | Uniform Division of Income for Tax Purposes Act |
43-1131 | Definitions |
43-1132 | Taxpayers liable; exceptions to allocation and apportionment; examination of evidence of income and expenses |
43-1133 | Taxability in other state |
43-1134 | Allocation of nonbusiness income |
43-1135 | Net rents and royalties |
43-1136 | Capital gains and losses |
43-1137 | Interest and dividends |
43-1138 | Patent and copyright royalties |
43-1139 | Allocation of business income |
43-1140 | Property factor |
43-1141 | Valuation of property |
43-1142 | Average value of property |
43-1143 | Payroll factor |
43-1144 | Compensation paid in state |
43-1145 | Sales factor |
43-1146 | Situs of sales of tangible personal property |
43-1147 | Situs of sales of other than tangible personal property |
43-1148 | Apportionment by department |
43-1149 | Interpretation |
43-1150 | Short title |
Article 5 | Cessation of Corporate Activities |
43-1151 | Tax clearance upon cessation of corporate activities |
43-1152 | Powers of corporation suspended for nonpayment of tax |
43-1153 | Certificate of suspension of a corporation |
43-1154 | Penalty for exercising powers after suspension |
43-1155 | Voidable contracts by corporations |
43-1156 | Application for revival of corporate powers |
43-1157 | Clearance of revivor by corporation commission |
43-1158 | Treatment of installment obligations on cessation of corporate activities |
Article 6 | Credits |
43-1161 | Credit for increased employment in enterprise zones; definitions |
43-1162 | Credit for employment by a healthy forest enterprise |
43-1163 | Credit for motion picture production costs; definitions |
43-1163.01 | Credit for motion picture infrastructure projects; definition |
43-1164 | Credit for solar energy devices; commercial and industrial applications |
43-1164.01 | Credit for renewable energy industry |
43-1164.02 | Credit for solar liquid fuel; research and development; production; delivery systems; definitions |
43-1164.03 | Renewable energy production tax credit; definitions |
43-1165 | Credit for employment by qualified defense contractor |
43-1166 | Credit for property taxes paid by qualified defense contractor |
43-1167 | Credit for increased employment in military reuse zones; definition |
43-1167.01 | Credit for employing national guard members |
43-1168; Version 2 | Credit for increased research activity |
43-1168 | Credit for increased research activities |
43-1169 | Credit for construction costs of qualified environmental technology facility |
43-1170 | Credit for pollution control equipment |
43-1170.01 | Credit for agricultural pollution control equipment |
43-1175 | Credit for employment of temporary assistance for needy families recipients |
43-1176 | Credit for solar hot water heater plumbing stub outs and electric vehicle recharge outlets installed in houses constructed by taxpayer |
43-1178 | Credit for taxes with respect to coal consumed in generating electrical power |
43-1179 | Employer credit for technology training; definition |
43-1180 | Credit for taxpayers participating in agricultural preservation district |
43-1181 | Credit of donation of school site |
43-1182 | Credit for water conservation system plumbing stub outs installed in houses constructed by taxpayer; definition |
43-1183 | Credit for contributions to school tuition organization; definition |
43-1184 | Credit for contributions to school tuition organization; displaced students; students with disabilities; definition |
Chapter 12 | TAX EXEMPT ORGANIZATIONS |
Article 1 | Organizations Exempt from Tax |
43-1201 | Organizations exempt from tax |
43-1202 | Feeder organizations not exempt from tax |
Article 2 | Denial of Exempt Status |
43-1211 | Denial of exempt status due to unreasonable accumulation of income |
43-1212 | Denial of exempt status due to prohibited transactions |
43-1213 | Definition of "prohibited transaction" |
43-1214 | Definition of "unreasonable accumulation of income" |
43-1215 | Organizations not subject to the denial of tax exempt status under this article |
43-1216 | Application for reinstatement of tax exempt status |
43-1217 | Charitable contribution deduction disallowed where organization denied tax exempt status |
Article 3 | Taxation of Unrelated Business Income of Certain Tax Exempt Organizations |
43-1231 | Taxation of unrelated business income |
Article 4 | Returns of Exempt Organizations |
43-1241 | Returns of unrelated business income |
43-1242 | Information returns of tax exempt organizations |
Chapter 13 | ESTATES AND TRUSTS |
Article 1 | Definitions |
43-1301 | Definitions; estates and trusts |
Article 2 | Imposition of Tax Upon Estates and Trusts |
43-1311 | Tax imposed on estates and trusts; rates |
43-1314 | Charge for estate or trust taxes upon estate or trust |
43-1315 | Liability of beneficiaries for trust taxes |
Article 3 | Adjustments to Arizona Gross Income |
43-1331 | Additions to Arizona gross income; estates and trusts |
43-1332 | Subtractions from Arizona gross income; estates and trusts |
43-1333 | Fiduciary adjustment; allocation of shares |
Article 5 | Liability of Fiduciary |
43-1361 | Certificate of payment of taxes |
43-1362 | Request for certificate |
43-1363 | Effect of certificate |
43-1364 | Liability of fiduciary for nonpayment of estate or trust taxes |
43-1365 | Request for prompt assessment |
43-1366 | Notice of fiduciary relationship |
Article 6 | Credits |
43-1381 | Credit for taxes paid to other state or country |
Chapter 14 | PARTNERSHIPS |
Article 1 | Definitions |
43-1401 | Definitions |
Article 2 | Taxation of Partnerships |
43-1411 | Partnership, individual partnership liability |
43-1412 | Partner's distributive share |
43-1413 | Year in which partnership income is includible |
Chapter 15 | SCHOOL TUITION ORGANIZATIONS FOR CORPORATE CONTRIBUTIONS |
Article 1 | General Provisions |
43-1501 | Definitions |
43-1502 | Certification as a school tuition organization |
43-1503 | Operational requirements for school tuition organizations |
43-1504 | Special provisions; corporate donations for low-income scholarships; rules |
43-1505 | Special provisions; corporate donations for displaced students and students with disabilities; definition |
43-1506 | Annual report |
43-1507 | Audits and financial reviews |
Chapter 16 | SCHOOL TUITION ORGANIZATIONS FOR INDIVIDUAL CONTRIBUTIONS (Eff. 1/1/11) |
Article 1 | General Provisions |
43-1601 | Definitions |
43-1602 | Certification as a school tuition organization |
43-1603 | Operational requirements for school tuition organizations; notice; qualified schools |
43-1604 | Annual report |
43-1605 | Audits and financial reviews |
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