SB 1671 — contributions in aid of construction

SB1671 - 542R - S-GowanS flrVer amend  (ref  Bill)  adopted-AdoptedSenate            Engrossed Bill  Number:      State of Arizona Senate Fifty-fourth Legislature Second Regular Session     SENATE BILL 1671       AN ACT   amending section 43‑1122, Arizona Revised Statutes;

S.B.relating to income tax.

1671               Gowan(TEXT FloorOF AmendmentBILL            BEGINS ReferenceON to:NEXT PAGE)   Be it enacted by the Legislature of the State of Arizona:

printedSection 1.  Section bill43-1122,            Arizona AmendmentRevised draftedStatutes, by:is amended to read:

MikeSTART_STATUTE43-1122.  Subtractions Hansfrom  Arizona  gross FLOORincome; AMENDMENT EXPLANATION   ·         Makes the bill retroactive to the 2020 tax year, rather than the 2018 tax year.

 corporations Fifty-fourthIn Legislature                                                   computing GowanArizona Secondtaxable Regularincome Session                                                 for S.B.a corporation, the following amounts shall be subtracted from Arizona gross income:

16711.  The  excess GOWANof FLOORa AMENDMENTpartner's SENATEshare AMENDMENTSof TOincome S.B.required to be included under section 702(a)(8) of the internal revenue code over the income required to be included under chapter 14, article 2 of this title.

16712.  The (Referenceexcess toof printeda bill)partner's  share Pageof 3,partnership linelosses 29,determined strikepursuant "2017"to insertchapter "2019"14, Amendarticle 2 of this title toover conformthe  losses  allowable DAVIDunder GOWANsection  702(a)(8) 1671GOWAN0322of 02/25/2020the 03:22internal PMrevenue S:code.

MH/kja3.  The  amount  allowed by section 43‑1025 for contributions during the taxable year of agricultural crops to charitable organizations.

4.  The portion of any wages or salaries paid or incurred by the taxpayer for the taxable year that is equal to the amount of the federal work opportunity credit, the empowerment zone employment credit, the credit for employer paid social security taxes on employee cash tips and the Indian employment credit that the taxpayer received under sections 45A, 45B, 51(a) and 1396 of the internal revenue code.

5.  With respect to property that is sold or otherwise disposed of during the taxable year by a taxpayer that complied with section 43‑1121, paragraph 4 with respect to that property, the amount of depreciation that has been allowed pursuant to section 167(a) of the internal revenue code to the extent that the amount has not already reduced Arizona taxable income in the current taxable year or prior taxable years.

6.  The amount of any original issue discount that was deferred and not allowed to be deducted in computing federal taxable income in the current taxable year pursuant to section 108(i) of the internal revenue code as added by section 1231 of the American recovery and reinvestment act of (P.L. 111‑5).

7.  The amount of previously deferred discharge of indebtedness income that is included in the computation of federal taxable income in the current taxable year pursuant to section 108(i) of the internal revenue code as added by section 1231 of the American recovery and reinvestment act of 2009 (P.L. 111‑5), to the extent that the amount was previously added to Arizona gross income pursuant to section 43‑1121, paragraph 5.

8.  With respect to a financial institution as defined in section 6‑101, expenses and interest relating to tax‑exempt income disallowed pursuant to section 265 of the internal revenue code.

9.  Dividends received from another corporation owned or controlled directly or indirectly by a recipient corporation.  For the purposes of this paragraph, "control" means direct or indirect ownership or control of fifty percent or more of the voting stock of the payor corporation by the recipient corporation.  Dividends shall have the meaning provided in section 316 of the internal revenue code.  This subtraction shall apply without regard to section 43‑961, paragraph 2 and article 4 of this chapter.

10.  Interest income received on obligations of the United States.

11.  The amount of dividend income from foreign corporations.  For the purposes of this paragraph, gross up income as described in section 78 of the internal revenue code, global intangible low-taxed income as defined in section 951A of the internal revenue code and subpart F income as defined in section 952 of the internal revenue code shall be considered foreign dividends.

12.  The amount of net operating loss allowed by section 43‑1123.

13.  The amount of any state income tax refunds received that were included as income in computing federal taxable income.

14.  The amount of expense recapture included in income pursuant to section 617 of the internal revenue code for mine exploration expenses.

15.  The amount of deferred exploration expenses allowed by section 43‑1127.

16.  The amount of exploration expenses related to the exploration of oil, gas or geothermal resources, computed in the same manner and on the same basis as a deduction for mine exploration pursuant to section 617 of the internal revenue code.  This computation is subject to the adjustments contained in section 43‑1121, paragraph 12 and paragraphs 14 and 15 of this section relating to exploration expenses.

17.  The amortization of pollution control devices allowed by section 43‑1129.

18.  The amount of amortization of the cost of child care facilities pursuant to section 43‑1130.

19.  The amount of income from a domestic international sales corporation required to be included in the income of its shareholders pursuant to section 995 of the internal revenue code.

20.  The income of an insurance company that is exempt under section 43‑1201 to the extent that it is included in computing Arizona gross income on a consolidated return pursuant to section 43‑947.

21.  The amount by which a capital loss carryover allowable pursuant to section 43‑1130.01, subsection F exceeds the capital loss carryover allowable pursuant to section 1341(b)(5) of the internal revenue code.

22.  An amount equal to the depreciation allowable pursuant to section 167(a) of the internal revenue code for the taxable year computed as if the election described in section 168(k)(7) of the internal revenue code had been made for each applicable class of property in the year the property was placed in service.

23.  The amount of eligible access expenditures paid or incurred during the taxable year to comply with the requirements of the Americans with disabilities act of 1990 (P.L.

101‑336) or title 41, chapter 9, article 8 as provided by section 43‑1124.

24.  For taxable years beginning from and after December 31, 2017, the amount of any net capital gain included in Arizona gross income for the taxable year that is derived from the exchange of one kind of legal tender for another kind of legal tender.  For the purposes of this paragraph:

(a)  "Legal tender" means a medium of exchange, including specie, that is authorized by the United States Constitution or Congress to pay debts, public charges, taxes and dues.

(b)  "Specie" means coins having precious metal content.

25.  With respect to a public service corporation operating a water or sewage system, the amount of monies or property received as a contribution in aid of construction.

For the purposes of this paragraph:

(a)  "Contribution in aid of construction" means any amount of monies or other property contributed to a public service corporation that provides water or sewage disposal services to the extent that the purpose of the contribution is to provide for expanding, improving or replacing the public service corporation's water system or sewage disposal facilities, including any amount of monies or other property contributed to a public service corporation for a water system or sewage disposal facility subject to a contingent obligation to repay the amount, in whole or in part, to the contributor.

(b)  "Public service corporation" means a public service corporation as defined in article XV, section 2, Constitution of Arizona, that is regulated by the corporation commission.

END_STATUTE Sec. 2.  Retroactivity This act applies retroactively to taxable years beginning from and after December 31, 2019.