The Arizona Revised Statutes have been updated to include the revised sections from the 53rd Legislature, 2nd Regular Session. Please note that the next update of this compilation will not take place until after the conclusion of the 54th Legislature, 1st Regular Session, which convenes in January 2019.
This online version of the Arizona Revised Statutes is primarily maintained for legislative drafting purposes and reflects the version of law that is effective on January 1st of the year following the most recent legislative session. The official version of the Arizona Revised Statutes is published by Thomson Reuters.
43-418 - Payroll service company; registration; definitions
43-418. Payroll service company; registration; definitions
A. For withholding tax returns due to be filed from and after May 31, 2011, a person shall not act as a payroll service company unless the person is registered with the department under this section.
B. A person shall apply to the department electronically for registration as a payroll service company under this subsection and the department shall grant the application if the application indicates that the person will comply with this section.
C. A payroll service company registered with the department under this section shall:
1. Be authorized in writing pursuant to section 42-2003 by each client to act on behalf of the client with respect to this state's withholding tax.
2. Keep a client's monies held for payment of state withholding taxes or other obligations in an account separate from the payroll service company's own monies.
3. Make payments electronically and file returns electronically with the department in compliance with the department's requirements for electronic payments and electronic filing.
4. Electronically provide to the department a client list and electronically update the client list at least monthly, by the first of every month. The client list shall include at least the name, address, tax identification number and federal deposit frequency of each client. The address listed for the client must be the client's actual street or post office box address and not the payroll service company's address.
5. Timely file all returns and timely make all withholding tax payments required under its contracts with its clients.
6. On request, provide to the department, within the time specified in the request, a copy of any contract with a client.
7. Comply with all other requirements of this section or rules adopted pursuant to this section.
D. A payroll service company may terminate its registration by written notice to the department.
E. For the purposes of this section:
1. "Client" means another employer for whom a payroll service company provides payroll services for a fee.
2. "Payroll service company" means a person who has custody or control over a client's monies for the purpose of paying the withheld taxes and filing returns of a client with the department.
3. "Person" means an individual, fiduciary, partnership, corporation, limited liability company, association or other entity organized under the laws of this state or any other jurisdiction.