Bill Text: AZ SB1168 | 2013 | Fifty-first Legislature 1st Regular | Engrossed
Bill Title: Internal revenue code conformity
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-04-05 - Governor Signed [SB1168 Detail]
Download: Arizona-2013-SB1168-Engrossed.html
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Senate Engrossed |
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State of Arizona Senate Fifty-first Legislature First Regular Session 2013
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SENATE BILL 1168 |
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AN ACT
amending sections 42-1001 and 43-105, Arizona Revised Statutes; relating to taxation.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 42-1001, Arizona Revised Statutes, is amended to read:
42-1001. Definitions
In this title, unless the context otherwise requires:
1. "Board" or "state board" means either the state board of tax appeals or the state board of equalization, as applicable.
2. "Court" means the tax court or superior court, whichever is applicable.
3. "Department" means the department of revenue.
4. "Director" means the director of the department.
5. "Internal revenue code" means the United States internal revenue code of 1986, as amended and in effect as of January 1, 2012 3, 2013, including those provisions that became effective during 2011 2012 with the specific adoption of their retroactive effective dates but excluding all changes to the code enacted after January 1, 2012 3, 2013.
Sec. 2. Section 43-105, Arizona Revised Statutes, is amended to read:
43-105. Internal revenue code; definition; application
A. For the purposes of computing income tax pursuant to this title, for taxable years beginning from and after December 31, 2012, "internal revenue code" means the United States internal revenue code of 1986, as amended, in effect on January 3, 2013, including those provisions that became effective during 2012 with the specific adoption of all federal retroactive effective dates, but excluding any change to the code enacted after January 3, 2013.
A. B. For the purposes of computing income tax pursuant to this title, for taxable years beginning from and after December 31, 2011 through December 31, 2012, "internal revenue code" means the United States internal revenue code of 1986, as amended, in effect on January 1, 2012, including those provisions that became effective during 2011 with the specific adoption of all federal retroactive effective dates, but excluding any change to the code enacted after January 1, 2012 and including those provisions of the FAA modernization and reform act (P.L. 112-95), the moving ahead for progress in the 21st century act (P.L. 112-141) and the American taxpayer relief act of 2012 (P.L. 112‑240) that are retroactively effective during taxable years beginning from and after December 31, 2011 through December 31, 2012.
B. C. For the purposes of computing income tax pursuant to this title, for taxable years beginning from and after December 31, 2010 through December 31, 2011, "internal revenue code" means the United States internal revenue code of 1986, as amended, in effect on January 1, 2011, including those provisions that became effective during 2010 with the specific adoption of all federal retroactive effective dates, and including those provisions of Public Law 112‑40 and the moving ahead for progress in the 21st century act (P.L. 112-141) that are retroactively effective during taxable years beginning from and after December 31, 2010 through December 31, 2011.
C. D. For the purposes of computing income tax pursuant to this title, for taxable years beginning from and after December 31, 2009 through December 31, 2010, "internal revenue code" means the United States internal revenue code of 1986, as amended, in effect on January 1, 2010, including those provisions that became effective during 2009 with the specific adoption of all federal retroactive effective dates, and including those provisions of the temporary extension act of 2010 (P.L. 111‑144), the hiring incentives to restore employment act (P.L. 111‑147), the patient protection and affordable care act (P.L. 111‑148), the health care and education reconciliation act of 2010 (P.L. 111‑152), the preservation of access to care for medicare beneficiaries and pension relief act of 2010 (P.L. 111‑192), the Dodd-Frank wall street reform and consumer protection act (P.L. 111‑203), the small business jobs act of 2010 (P.L. 111‑240), the claims resolution act of 2010 (P.L. 111‑291), the tax relief, unemployment insurance reauthorization, and job creation act of 2010 (P.L. 111‑312) and the regulated investment company modernization act of 2010 (P.L. 111‑325) that are retroactively effective during taxable years beginning from and after December 31, 2009 through December 31, 2010.
D. E. For purposes of computing income tax pursuant to this title, for taxable years beginning from and after December 31, 2008 through December 31, 2009, "internal revenue code" means the United States internal revenue code of 1986, as amended, in effect on January 1, 2009, including those provisions that became effective during 2008 with the specific adoption of all federal retroactive effective dates, and including those provisions of the American recovery and reinvestment act of 2009 (P.L. 111‑5) except section 1211, the consumer assistance to recycle and save act of 2009 (P.L. 111‑32), the worker, homeownership, and business assistance act of 2009 (P.L. 111‑92) except section 13, the hiring incentives to restore employment act (P.L. 111‑147), the patient protection and affordable care act (P.L. 111‑148), the preservation of access to care for medicare beneficiaries and pension relief act of 2010 (P.L. 111‑192), the small business jobs act of 2010 (P.L. 111‑240) and the tax relief, unemployment insurance reauthorization, and job creation act of 2010 (P.L. 111‑312), that are retroactively effective during taxable years beginning from and after December 31, 2008 through December 31, 2009.
E. F. For purposes of computing income tax pursuant to this title, for taxable years beginning from and after December 31, 2007 through December 31, 2008, "internal revenue code" means the United States internal revenue code of 1986, as amended, in effect on January 1, 2008, including those provisions that became effective during 2007 with the specific adoption of all federal retroactive effective dates and including those provisions of the economic stimulus act of 2008 (P.L. 110‑185), the heroes earnings assistance and relief tax act of 2008 (P.L. 110‑245), the heartland, habitat, harvest and horticulture act of 2008 (P.L. 110‑246), the housing assistance tax act of 2008 (P.L. 110‑289), the emergency economic stabilization act of 2008 (P.L. 110‑343), the worker, retiree, and employer recovery act of 2008 (P.L. 110‑458), the American recovery and reinvestment act of 2009 (P.L. 111‑5) except section 1211 and the worker, homeownership, and business assistance act of 2009 (P.L. 111-92) except section 13 that are retroactively effective during taxable years beginning from and after December 31, 2007 through December 31, 2008.
F. G. For purposes of computing income tax pursuant to this title, for taxable years beginning from and after December 31, 2006 through December 31, 2007, "internal revenue code" means the United States internal revenue code of 1986, as amended, in effect on January 1, 2007, including those provisions that became effective during 2006 with the specific adoption of all federal retroactive effective dates and including those provisions of the small business and work opportunity tax act of 2007 (P.L. 110‑28), the energy independence and security act of 2007 (P.L. 110‑140), Public Law 110‑141, the mortgage forgiveness debt relief act of 2007 (P.L. 110‑142), the tax technical corrections act of 2007 (P.L. 110‑172), the economic stimulus act of 2008 (P.L. 110‑185), the heroes earnings assistance and relief tax act of 2008 (P.L. 110‑245), the heartland, habitat, harvest and horticulture act of 2008 (P.L. 110‑246), the housing assistance tax act of 2008 (P.L. 110‑289), the emergency economic stabilization act of 2008 (P.L. 110‑343) and the worker, retiree, and employer recovery act of 2008 (P.L. 110‑458) that are retroactively effective during taxable years beginning from and after December 31, 2006 through December 31, 2007.
G. H. For purposes of computing income tax pursuant to this title, for taxable years beginning from and after December 31, 2005 through December 31, 2006, "internal revenue code" means the United States internal revenue code of 1986, as amended, in effect on January 1, 2006, including those provisions that became effective during 2005 with the specific adoption of all federal retroactive effective dates and including those provisions of the tax increase prevention and reconciliation act of 2005 (P.L. 109‑222), the pension protection act of 2006 (P.L. 109‑280), the tax relief and health care act of 2006 (P.L. 109‑432), the small business and work opportunity tax act of 2007 (P.L. 110‑28), the mortgage forgiveness debt relief act of 2007 (P.L. 110‑142), the tax technical corrections act of 2007 (P.L. 110‑172), the heartland, habitat, harvest and horticulture act of 2008 (P.L. 110‑246) and the housing assistance tax act of 2008 (P.L. 110‑289) that are retroactively effective during taxable years beginning from and after December 31, 2005 through December 31, 2006.
H. I. For purposes of computing income tax pursuant to this title, for taxable years beginning from and after December 31, 2004 through December 31, 2005, "internal revenue code" means the United States internal revenue code of 1986, as amended, in effect on January 1, 2005, including those provisions that became effective during 2004 with the specific adoption of all federal retroactive effective dates and including those provisions of the Katrina emergency tax relief act of 2005 (P.L. 109‑73), the energy tax incentives act of 2005 (title XIII of the energy policy act of 2005 (P.L. 109‑58)), the gulf opportunity zone act of 2005 (P.L. 109‑135), the tax technical corrections act of 2007 (P.L. 110‑172), the heartland, habitat, harvest and horticulture act of 2008 (P.L. 110‑246) and the housing assistance tax act of 2008 (P.L. 110‑289) that are retroactively effective during taxable years beginning from and after December 31, 2004 through December 31, 2005.
I. J. For purposes of computing income tax pursuant to this title, for taxable years beginning from and after December 31, 2003 through December 31, 2004, "internal revenue code" means the United States internal revenue code of 1986, as amended, in effect on January 1, 2004, including those provisions that became effective during 2003 with the specific adoption of all federal retroactive effective dates and including those provisions of the working families tax relief act of 2004 (P.L. 108‑311), the American jobs creation act of 2004 (P.L. 108‑357), the Katrina emergency tax relief act of 2005 (P.L. 109‑73), the energy tax incentives act of 2005 (title XIII of the energy policy act of 2005 (P.L. 109‑58)), the gulf opportunity zone act of 2005 (P.L. 109‑135), the tax technical corrections act of 2007 (P.L. 110‑172) and the heartland, habitat, harvest and horticulture act of 2008 (P.L. 110‑246) that are retroactively effective during taxable years beginning from and after December 31, 2003 through December 31, 2004.
J. K. For purposes of computing income tax pursuant to this title, for taxable years beginning from and after December 31, 2002 through December 31, 2003, "internal revenue code" means the United States internal revenue code of 1986, as amended, in effect on January 1, 2003, including those provisions that became effective during 2002 with the specific adoption of all federal retroactive effective dates and including those provisions of the working families tax relief act of 2004 (P.L. 108‑311), the American jobs creation act of 2004 (P.L. 108‑357), the jobs and growth tax relief reconciliation act of 2003 (P.L. 108‑27), the military family tax relief act of 2003 (P.L. 108‑121), the medicare prescription drug, improvement, and modernization act of 2003 (P.L. 108‑173), the tax technical corrections act of 2007 (P.L. 110‑172) and the heartland, habitat, harvest and horticulture act of 2008 (P.L. 110‑246) that are retroactively effective during taxable years beginning from and after December 31, 2002 through December 31, 2003.
K. For purposes of computing income tax pursuant to this title, for taxable years beginning from and after December 31, 2001 through December 31, 2002, "internal revenue code" means the United States internal revenue code of 1986, as amended, in effect on March 9, 2002, including those provisions that became effective during 2001 with the specific adoption of all federal retroactive effective dates and including those provisions of the working families tax relief act of 2004 (P.L. 108‑311), the American jobs creation act of 2004 (P.L. 108‑357), the jobs and growth tax relief reconciliation act of 2003 (P.L. 108‑27), the military family tax relief act of 2003 (P.L. 108‑121), the tax technical corrections act of 2007 (P.L. 110‑172) and the heartland, habitat, harvest and horticulture act of 2008 (P.L. 110‑246) that are retroactively effective during taxable years beginning from and after December 31, 2001 through December 31, 2002.
Sec. 3. Credit in lieu of conforming to retroactive provision of Public Law 112-95, section 1106
A. Arizona does not conform to the retroactive provision of Public Law 112-95, section 1106 for taxable years beginning from and after December 31, 2001 through December 31, 2011.
B. For the taxable year beginning from and after December 31, 2012 through December 31, 2013, any taxpayer that would have received a refund of Arizona income tax if Arizona had conformed to the retroactive provision described in subsection A of this section is allowed a credit against the taxes imposed by title 43, Arizona Revised Statutes.
C. The credit provided under subsection B of this section is equal to the reduction in Arizona income tax that would have occurred if Arizona had conformed to the retroactive provision of Public Law 112-95, section 1106 for taxable years beginning from and after December 31, 2001 through December 31, 2011.
D. If the allowable tax credit determined under subsection C of this section exceeds the income tax otherwise due on the taxpayer's income pursuant to title 43, Arizona Revised Statutes, or if there is no income tax due on taxpayer's income, the amount of the credit not used as an offset against the taxpayer's income taxes shall be paid to the taxpayer in the same manner as a refund pursuant to section 42-1118, Arizona Revised Statutes. Refunds made pursuant to this subsection are subject to setoff pursuant to section 42-1122, Arizona Revised Statutes. If the department of revenue determines that a refund is incorrect or invalid, the excess refund may be treated as a tax deficiency pursuant to section 42-1108, Arizona Revised Statutes.
E. A credit shall not be allowed pursuant to this section if the credit is not claimed with the taxpayer's original timely filed, including extensions, individual income tax return for the taxable year.
