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HB2839 - 572R - I Ver
REFERENCE TITLE:
municipal tax; exemption; food
State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026
HB 2839
Introduced by
Representatives
Biasiucci: Aguilar, Carter N, Carter P, Chaplik, Diaz, Gillette, Gress,
Griffin, Hernandez A, Hernandez C, Hernandez L, Keshel, Kolodin, Marshall,
Olson, Pingerelli, Rivero, Taylor, Way, Wilmeth;� Senator Fernandez
AN
ACT
amending section 42-6015, Arizona
Revised Statutes; relating to MUNICIPAL transaction PRIVILEGE tax.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 42-6015, Arizona Revised
Statutes, is amended to read:
START_STATUTE
42-6015.
Municipal transaction privilege tax; food; exemption
A. If a city, town or other taxing jurisdiction
imposes a transaction privilege, sales, use, franchise or other similar tax or
fee, however denominated, on:
1. The sale of food items intended for human
consumption as defined by rule adopted pursuant to section 42-5106 or
items prescribed by section 42-5106, subsection D for home consumption,
the tax must be applied uniformly with respect to all
food, and an additional tax or fee differential may not be assessed or applied
with respect to any specific food item.
2. The sale of food items intended for human
consumption as defined by rule adopted pursuant to section 42-5106 or
items prescribed by section 42-5106, subsection D for consumption on the
premises, the tax must be applied uniformly with respect to all food items, and
an additional tax or fee differential may not be assessed or applied with
respect to any specific food item.
B. A city, town or other taxing jurisdiction may not
levy a transaction privilege, sales, use, franchise or other similar tax or
fee, however denominated, with respect to:
1. The manufacture, wholesale or distribution to or
among any wholesalers, distributors or retailers, of food items intended for
human consumption as defined by rule adopted pursuant to section 42-5106
or items prescribed by section 42-5106, subsection D for home consumption
or for consumption on the premises.
2. Any container or packaging used exclusively for
transporting, protecting or consuming food items intended for human consumption
as defined by rule adopted pursuant to section 42-5106 or items prescribed by
section 42-5106, subsection D for home consumption or for consumption on
the premises.
3. The sale of food or other items
purchased
that are eligible for purchase
with
United
States department of agriculture food stamp coupons issued under the food stamp
act of 1977 (P.L. 95-113; 91 Stat. 958)
benefits
issued pursuant to the supplemental nutrition assistance program under 7 United
States Code sections 2011 through 2036
d
or food
instruments issued
pursuant to the special supplemental food
program for women, infants, and children
under
section 17
of the child nutrition act (P.L. 95-627; 92 Stat. 3603;
P.L. 99-661, section 4302;
42 United States Code section 1786
)
regardless of whether the purchaser is
eligible to participate in the supplemental nutrition assistance program or the
special supplemental food program for women, infants, and children,
but
may impose such a tax consistent with this section on other sales of food.
4. The sale of low or reduced-cost articles of food
or drink to eligible elderly or homeless persons or persons with a disability
by a business subject to tax under the restaurant classification pursuant to
section 42-5074 that contracts with the department of economic security
and that is approved by the food and nutrition service of the United States
department of agriculture pursuant to the supplemental nutrition assistance
program established by the food and nutrition act of 2008 (7 United States
Code sections 2011 through 2036c), if the purchases are made with the benefits
issued pursuant to the supplemental nutrition assistance program.
END_STATUTE
Sec. 2.
Applicability
This act applies retroactively to
taxable periods beginning on or after the first day of the month following the
general effective date.