COMMITTEE ON WAYS AND MEANS
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2336
(Reference to printed bill)
Page 16, after line 20, insert:
"Sec. 2. Purpose
It is the intent of the legislature to clarify that sales of cash equivalents are not subject to the transaction privilege tax under the retail classification. This act does not establish a new exemption or deduction from the retail classification, but reaffirms that sales of cash equivalents are not subject to tax and should not have been subject to tax under section 42-5061, Arizona Revised Statutes, under any circumstances.
Sec. 3. Retroactivity; refunds
A. Section 42-5061, Arizona Revised Statutes, as amended by this act, applies retroactively to taxable periods beginning from and after December 31, 1998.
B. Any claim for refund of transaction privilege tax based on the retroactive application of section 42-5061, Arizona Revised Statutes, as amended by this act, must be submitted to the department of revenue on or before December 31, 2013, pursuant to section 42-1118, Arizona Revised Statutes. Failure to file a claim for refund on or before December 31, 2013 constitutes a waiver of the claim for refund under this section.
C. The aggregate amount of refunds under this section shall not exceed ten thousand dollars, including interest. If the aggregate amount of claims under this section that are ultimately determined to be correct exceeds ten thousand dollars, then each claim shall be proportionately reduced so that the total refund amount equals ten thousand dollars. Amounts due under this section shall not be refunded unless the taxpayer requesting the refund provides evidence satisfactory to the department of revenue that amounts of tax and interest collected from other persons by the taxpayer will be returned to those persons.
D. Notwithstanding section 42-1119, Arizona Revised Statutes, the department of revenue shall not issue a refund to any taxpayer until after determining the amount of all refund claims filed pursuant to this section.
E. If a taxpayer appeals the department of revenue’s determination of a refund claim filed pursuant to this section, the department of revenue, pursuant to the rules protecting taxpayer confidentiality under title 42, chapter 2, article 1, Arizona Revised Statutes, may notify other taxpayers who have filed refund claims under this section as to the nature of any delay and, if possible, estimate the extent of the delay.
F. Interest shall not be allowed or compounded on any refundable amount if paid before July 1, 2014, but if the refund amount cannot be determined or paid before July 1, 2014, interest shall accrue and be paid pursuant to section 42-1123, Arizona Revised Statutes.
G. This section does not extend the statute of limitations for assessment or refund beyond that which is open under sections 42-1104 and 42‑1106, Arizona Revised Statutes."
Amend title to conform