Municipal Tax Hearing Office Archive

Municipal Tax Hearing Office Hearing Decisions

Per A.R.S. 42-6056, the hearing office shall hear all reviews of petitions for hearing or redetermination under the Model City Tax Code for cities and towns not in the state collection system as of January 1, 2013 and for appeals from supplementary audits performed by cities and towns under the state collection system for all audits and assessments initiated by a city or town prior to January 1, 2015. All matters initiated by a city or town from and after January 1, 2015 shall be subject to review pursuant to A.R.S. 42-6002.

The following decisions of the Municipal Tax Hearing Office (MTHO) are presented for informational purposes only. Final decisions of the MTHO are binding only to the specific case presented in the hearing. These decisions do not have the force of law; cities are not required to abide by decisions of the MTHO in determining the tax treatment of transactions in similar situations.

The decisions are solely the product of the hearing officer. Neither the cities nor the affected taxpayers review the decisions prior to issuance. Consequently, no opinion is expressed as to the accuracy of any facts presented in the decisions, the inclusion of all relevant facts presented at the hearing, or on the fairness of presentation of either the cities’ or taxpayers’ arguments and positions.

Either the taxpayer or the cities may appeal an MTHO decision by initiating an action in the appropriate court. No effort has been made to either identify or update any MTHO decision which may have been appealed.

Municipal Tax Hearing Office Hearing Decisions List

MTHO Hearings

Decision Classification Hearing Date Decision Date Section Number Section Tax Collector
MTHO 190 Rental September 12, 2004 445 Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3) Tucson
MTHO 158 Contracting May 06, 2004 September 12, 2004 415 Construction contracting: construction contractors Prescott
MTHO 157 Spec Builder April 19, 2004 August 23, 2004 416 Construction contracting: speculative builders Fountain Hills
MTHO 107 Spec Builder August 24, 2003 August 15, 2004 416 Construction contracting: speculative builders Phoenix
MTHO 151 Restaurant April 04, 2004 August 12, 2004 Restaurants and Bars, Retail sales: measure of tax; burden of proof; exclusions, Retail sales: exemptions, Limitation periods, Reimbursement of fees and other costs; definitions, Use tax: liability for tax, Interest And Penalties (Phoenix) Peoria, Tempe, Scottsdale
MTHO 153 Contracting February 26, 2004 August 01, 2004 415 Construction contracting: construction contractors Bullhead City
MTHO 176 Spec Builder June 15, 2004 July 30, 2004 416 Construction contracting: speculative builders Peoria
MTHO 77 Spec Builder February 18, 2004 July 26, 2004 416 Construction contracting: speculative builders Phoenix
MTHO 171 Contracting July 01, 2004 415 Construction contracting: construction contractors Tucson
MTHO 137 Transient Lodging January 08, 2004 June 27, 2004 Hotels, Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3) Phoenix
MTHO 175 Spec Builder June 06, 2004 Construction contracting: speculative builders, Interest and civil penalties Phoenix
MTHO 146 Restaurant January 14, 2004 May 31, 2004 Restaurants and Bars, Collection of taxes when there is succession in and/or cessation of business Phoenix
MTHO 135 Spec Builder January 22, 2004 May 26, 2004 416 Construction contracting: speculative builders Phoenix
MTHO 161 Spec Builder March 24, 2004 May 18, 2004 416 Construction contracting: speculative builders Glendale
MTHO 154 Rental March 18, 2004 April 29, 2004 Rental, leasing, and licensing for use of tangible personal property (Reg 450.1, Reg. 450.2, Reg 450.3), Restaurants and Bars Tucson
MTHO 164 Spec Builder April 18, 2004 416 Construction contracting: speculative builders Peoria
MTHO 147 Retail April 18, 2004 Retail sales: measure of tax; burden of proof; exclusions, Retail sales: exemptions Phoenix
MTHO 148 Rental February 05, 2004 March 21, 2004 445 Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3) Phoenix
MTHO 141 Restaurant February 23, 2004 Rental, leasing, and licensing for use of real property (Reg. 445.1, Reg. 445.3), Restaurants and Bars Tucson
MTHO 142 Retail February 04, 2004 February 23, 2004 Definitions: Income-producing capital equipment, Retail sales: measure of tax; burden of proof; exclusions, Retail sales: exemptions Tempe