(Caution: 1998 Prop. 105 applies)
A. There is levied and imposed an excise tax on the storage, use or consumption in this state of tangible personal property purchased from a retailer or utility business, as a percentage of the sales price. A manufactured building purchased outside this state and set up in this state is subject to tax under this section and in this case the rate is a percentage of sixty-five percent of the sales price.
B. The tax imposed by this section applies to any purchaser that purchased tangible personal property for resale but subsequently uses or consumes the property.
C. The tax rate shall equal the rate of tax prescribed by section 42-5010, subsection A as applied to retailers and utility businesses according to the respective classification under articles 1 and 2 of this chapter for the same type of transaction or business activity.
D. In addition to the rate prescribed by subsection C of this section, if approved by the qualified electors voting at a statewide general election, an additional rate increment of six-tenths of one per cent is imposed and shall be collected through June 30, 2021. The taxpayer shall pay taxes pursuant to this subsection at the same time and in the same manner as under subsection C of this section. The department shall separately account for the revenues collected with respect to the rate imposed pursuant to this subsection, and the state treasurer shall pay all of those revenues in the manner prescribed by section 42-5029, subsection E.
E. From and after June 30, 2021 through June 30, 2041, in addition to the rate prescribed by subsection C of this section, an additional rate increment of six-tenths of one percent is imposed and shall be collected. The taxpayer shall pay taxes pursuant to this subsection at the same time and in the same manner as under subsection C of this section. The department shall separately account for the revenues collected with respect to the rate imposed pursuant to this subsection, and the state treasurer shall pay all of those revenues in the manner prescribed by section 42-5029.02, subsection A.
F. Every person storing, using or consuming in this state tangible personal property purchased from a retailer or utility business is liable for the tax. The person's liability is not extinguished until the tax has been paid to this state.
G. A receipt from a retailer or utility business that maintains a place of business in this state or from a retailer or utility business that is authorized by the department to collect the tax, under such rules as it may prescribe, and that is for the purposes of this article regarded as a retailer or utility business maintaining a place of business in this state, given to the purchaser as provided in section 42-5161 is sufficient to relieve the purchaser from further liability for the tax to which the receipt refers.
Notes of Decisions
Arizona Elec. Power Coop., Inc. v. Arizona Dep't of Revenue, 393 P.3d 146 (Ariz. Ct. App. 2017).
· cites it 8× “In steam turbines, the combustion produces steam that rotates a steam turbine, which in turn causes the generator to rotate. The experts also agreed that “[i]n both cases the rotating generators transform mechanical energy into electromagnetic energy, then into electrical…”
Motorola, Inc. v. Arizona Dep't of Revenue, 993 P.2d 1101 (Ariz. Ct. App. 1999).
· cites it 6× “¶ 3 DOR’s appeal to this Court asserts that Motorola’s use tax liability extends to all tangible personal property that it purchased and used as overhead supplies and for which the United States Government reimbursed Motorola under various federal contracts.”
Swift v. Ador (Ariz. Ct. App. 2020).
· cites it 12× “§ 28-5606) or use tax (A.R.S. § 42-5155)— depending on how the diesel fuel is used.”
Aepco v. Ador (Ariz. Ct. App. 2017).
· cites it 10× “” ¶7 Arizona law imposes a use tax “on the storage, use or consumption in this state of tangible personal property purchased from a retailer or utility business.”
Driver v. Ador (Ariz. Ct. App. 2019).
· cites it 6× “See A.R.S. § 42-5155(A) (2019). A purchaser is personally liable for use tax.”
Carter Oil v. Ador (Ariz. Ct. App. 2020).
· cites it 2× “2017); see A.R.S. § 42-5155(A). The two taxes are complementary.”
Vhs v. Ador (Ariz. Ct. App. 2021).
· cites it 2× “]” A.R.S. § 42-5155(A). Tangible personal property purchased and brought into this state is presumed to be purchased for storage, use, or consumption.”
— Ariz. Rev. Stat. § 42-5155(A) — 10 cases
Arizona Elec. Power Coop., Inc. v. Arizona Dep't of Revenue, 393 P.3d 146 (Ariz. Ct. App. 2017).
“In steam turbines, the combustion produces steam that rotates a steam turbine, which in turn causes the generator to rotate. The experts also agreed that “[i]n both cases the rotating generators transform mechanical energy into electromagnetic energy, then into electrical…”
Motorola, Inc. v. Arizona Dep't of Revenue, 993 P.2d 1101 (Ariz. Ct. App. 1999).
“¶ 3 DOR’s appeal to this Court asserts that Motorola’s use tax liability extends to all tangible personal property that it purchased and used as overhead supplies and for which the United States Government reimbursed Motorola under various federal contracts.”
Aepco v. Ador (Ariz. Ct. App. 2017).
“” ¶7 Arizona law imposes a use tax “on the storage, use or consumption in this state of tangible personal property purchased from a retailer or utility business.”
— Ariz. Rev. Stat. § 42-5155(B) — 1 case
Swift v. Ador (Ariz. Ct. App. 2020).
“§ 28-5606) or use tax (A.R.S. § 42-5155)— depending on how the diesel fuel is used.”
— Ariz. Rev. Stat. § 42-5155(C) — 1 case
Motorola, Inc. v. Arizona Dep't of Revenue, 993 P.2d 1101 (Ariz. Ct. App. 1999).
“¶ 3 DOR’s appeal to this Court asserts that Motorola’s use tax liability extends to all tangible personal property that it purchased and used as overhead supplies and for which the United States Government reimbursed Motorola under various federal contracts.”
— Ariz. Rev. Stat. § 42-5155(E) — 4 cases
Arizona Elec. Power Coop., Inc. v. Arizona Dep't of Revenue, 393 P.3d 146 (Ariz. Ct. App. 2017).
“In steam turbines, the combustion produces steam that rotates a steam turbine, which in turn causes the generator to rotate. The experts also agreed that “[i]n both cases the rotating generators transform mechanical energy into electromagnetic energy, then into electrical…”
Aepco v. Ador (Ariz. Ct. App. 2017).
“” ¶7 Arizona law imposes a use tax “on the storage, use or consumption in this state of tangible personal property purchased from a retailer or utility business.”
Driver v. Ador (Ariz. Ct. App. 2019).
“See A.R.S. § 42-5155(A) (2019). A purchaser is personally liable for use tax.”
— Ariz. Rev. Stat. § 42-5155(F) — 1 case
Driver v. Ador (Ariz. Ct. App. 2019).
“See A.R.S. § 42-5155(A) (2019). A purchaser is personally liable for use tax.”
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