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SB1203 - 572R - I Ver
REFERENCE TITLE:
income tax; subtractions; standard deduction.
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1203
Introduced by
Senator
Sundareshan
AN
ACT
amending sections 43-301, 43-323, 43-1022
and 43-1041,
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 43-301, Arizona Revised
Statutes, is amended to read:
START_STATUTE
43-301.
Individual returns; definition
A. A full-year or part-year resident
individual shall file a return with the department if, for the taxable year,
the individual's gross income was greater than the amount of the standard
deduction allowed under
subsection
section
43-1041, subsection A as adjusted for inflation pursuant to section 43-1041,
subsection H
or I
.
B. A nonresident individual shall file a return with
the department if, for the taxable year, the individual's gross income was
greater than the amount under subsection A of this section determined for a
full-year or part-year resident individual multiplied by the
percentage that the individual's Arizona gross income is of the individual's
federal adjusted gross income.
C. In the case of a husband and wife, the spouse who
controls the disposition of or who receives or spends community income as well
as the spouse who is taxable on such income is liable for the payment of taxes
imposed by this title on such income. If a joint return is filed,
the liability for the tax on the aggregate income is joint and several.
D. This section applies regardless of whether an
individual is required to file a return under the internal revenue code or
whether the individual has any federal adjusted gross income for the taxable
year.
E. For the purposes of this section, "gross
income" means gross income as defined in the internal revenue code minus
income included in gross income but excluded from taxation under this title.
END_STATUTE
Sec. 2. Section 43-323, Arizona Revised
Statutes, is amended to read:
START_STATUTE
43-323.
Place and form of filing returns
A. All returns required by this title shall be in
such a form as the department may from time to time prescribe and shall be
filed with the department.
B. The department shall prescribe a short form
return for individual taxpayers who:
1. Are eligible and elect to pay tax based on the
optional tax tables pursuant to section 43-1012.
2. Elect to claim the optional standard deduction
pursuant to section 43-1041, subsection A, but not the increased amount
for charitable deductions under section 43-1041, subsection
I
J
.
3. Elect not to file for credits against income tax
liability other than those contained in sections 43-1072, 43-1072.01,
43-1072.02, 43-1073 and 43-1073.01.
4. Are not required to add any income under section
43-1021 and do not elect any subtractions under section 43-1022,
except for the exemptions allowed under section 43-1023.
C. The department may provide a simplified return
form for individual taxpayers who:
1. Are eligible and elect to pay tax based on the
optional tax tables pursuant to section 43-1012.
2. Are residents for the full taxable year.
3. File as single individuals or married couples
filing joint returns under section 43-309.
4. Are not sixty-five years of age or older or
blind at the end of the taxable year.
5. Claim no exemptions under section 43-1023
for the taxable year.
6. Elect to claim the optional standard deduction
under section 43-1041, subsection A, but not the increased amount for
charitable deductions under section 43-1041, subsection
I
J
.
7. Are not required to add any income under section
43-1021 and do not elect to claim any subtractions under section 43-1022
or file for any credits under chapter 10, article 5 of this title, except the
credits provided by sections 43-1072.01, 43-1072.02 and 43-1073.
8. Do not elect to contribute a portion of any tax
refund as provided by any provision of chapter 6, article 1 of this title.�
Notwithstanding any provision of chapter 6, article 1 of this title, a
simplified return form under this subsection shall not include any space for
the taxpayer to so contribute a portion of a refund.
D. The department shall prepare blank forms for the
returns and furnish them on request.� Failure to receive or secure the form
does not relieve any taxpayer from making any return required.
E. An individual income tax preparer who prepares
more than ten original income tax returns that are timely filed during any
taxable year that begins from and after December 31, 2017 shall file
electronically all individual tax returns prepared by that tax preparer, for
that taxable year and each subsequent taxable year.� An individual income tax
preparer may not charge a separate fee to the taxpayer for filing a return
using the department's electronic filing program.� This subsection does not
apply if the taxpayer elects to have the return filed on paper or if the return
cannot be filed electronically for reasons outside of the tax preparer's
control.
F. Fiduciary returns, partnership returns,
withholding returns and corporate returns shall be filed electronically for
taxable years beginning from and after December 31, 2019, or when the
department establishes an electronic filing program, whichever is
later. Any person who is required to file electronically pursuant to
this subsection may apply to the director, on a form prescribed by the
department, for an annual waiver from the electronic filing requirement.� The
director may grant the waiver, which may be renewed for one subsequent year, if
any of the following applies:
1. The taxpayer has no computer.
2. The taxpayer has no internet access.
3. Any other circumstance considered to be worthy by
the director exists.
G. A waiver is not required if the return cannot be
electronically filed for reasons beyond the taxpayer's control, including
situations in which the taxpayer was instructed by either the internal revenue
service or the department of revenue to file by paper.
END_STATUTE
Sec. 3. Section 43-1022, Arizona Revised
Statutes, is amended to read:
START_STATUTE
43-1022.
Subtractions from Arizona gross income
In computing Arizona adjusted gross income, the following
amounts shall be subtracted from Arizona gross income:
1. The amount of exemptions allowed by section 43-1023.
2. Benefits, annuities and pensions in an amount
totaling not more than $2,500 received from one or more of the following:
(a) The United States government service retirement
and disability fund, the United States foreign service retirement and
disability system and any other retirement system or plan established by
federal law, except retired or retainer pay of the uniformed services of the
United States that qualifies for a subtraction under paragraph 26 of this
section.
(b) The Arizona state retirement system, the
corrections officer retirement plan, the public safety personnel retirement
system, the elected officials' retirement plan, an optional retirement program
established by the Arizona board of regents under section 15-1628, an
optional retirement program established by a community college district board
under section 15-1451 or a retirement plan established for employees of a
county, city or town in this state.
3. A beneficiary's share of the fiduciary adjustment
to the extent that the amount determined by section 43-1333 decreases the
beneficiary's Arizona gross income.
4. Interest income received on obligations of the
United States, minus any interest on indebtedness, or other related expenses,
and deducted in arriving at Arizona gross income, that were incurred or
continued to purchase or carry such obligations.
5. The excess of a partner's share of income
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.
6. The excess of a partner's share of partnership
losses determined pursuant to chapter 14, article 2 of this title over the
losses allowable under section 702(a)(8) of the internal revenue code.
7. The amount allowed by section 43-1025 for
contributions during the taxable year of agricultural crops to charitable
organizations.
8. 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.
9. The amount of exploration expenses that is
determined pursuant to section 617 of the internal revenue code, that has been
deferred in a taxable year ending before January 1, 1990 and for which a
subtraction has not previously been made. The subtraction shall be
made on a ratable basis as the units of produced ores or minerals discovered or
explored as a result of this exploration are sold.
10. The amount included in federal adjusted gross
income pursuant to section 86 of the internal revenue code, relating to
taxation of social security and railroad retirement benefits.
11. To the extent not already excluded from Arizona
gross income under the internal revenue code, compensation received for active
service as a member of the reserves, the national guard or the armed forces of
the United States, including compensation for service in a combat zone as
determined under section 112 of the internal revenue code.
12. The amount of unreimbursed medical and hospital
costs, adoption counseling, legal and agency fees and other nonrecurring costs
of adoption.� The subtraction under this paragraph may be taken for the costs
that are described in this paragraph and that are incurred in prior years, but
the subtraction may be taken only in the year during which the final adoption
order is granted.� The amount subtracted may not exceed:
(a) In taxable years beginning before December 31,
2025, $3,000. In the case of a husband and wife who file separate returns, the
subtraction may be taken by either taxpayer or may be divided between them, but
the total subtractions allowed both husband and wife may not exceed $3,000.�
(b) In taxable years beginning from and after
December 31, 2025, $5,000 for a single individual or head of household.
(c) For taxable years beginning from and after
December 31, 2025, $10,000 for a married couple filing a joint return.� In the
case of a husband and wife who file separate returns, the subtraction may be
taken by either taxpayer or may be divided between them, but the total
subtractions allowed both husband and wife may not exceed $10,000.�
13. The amount authorized by section 43-1027
for the taxable year relating to qualified wood stoves, wood fireplaces or gas
fired fireplaces.
14. The amount by which a net operating loss
carryover or capital loss carryover allowable pursuant to section 43-1029,
subsection F exceeds the net operating loss carryover or capital loss carryover
allowable pursuant to section 1341(b)(5) of the internal revenue code.
15. Any amount of qualified educational expenses
that is distributed from a qualified state tuition program determined pursuant
to section 529 of the internal revenue code and that is included in income in
computing federal adjusted gross income.
16. Any item of income resulting from an installment
sale that has been properly subjected to income tax in another state in a
previous taxable year and that is included in Arizona gross income in the
current taxable year.
17. For property placed in service:
(a) In taxable years beginning before December 31,
2012, 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) of the internal revenue code had been made for each
applicable class of property in the year the property was placed in service.
(b) In taxable years beginning from and after
December 31, 2012 through December 31, 2013, an amount determined in the year
the asset was placed in service based on the calculation in subdivision (a) of
this paragraph. In the first taxable year beginning from and after
December 31, 2013, the taxpayer may elect to subtract the amount necessary
to make the depreciation claimed to date for the purposes of this title the
same as it would have been if subdivision (c) of this paragraph had applied for
the entire time the asset was in service. Subdivision (c) of this
paragraph applies for the remainder of the asset's life. If the
taxpayer does not make the election under this subdivision, subdivision (a) of
this paragraph applies for the remainder of the asset's life.
(c) In taxable years beginning from and after
December 31, 2013 through December 31, 2015, an amount equal to the
depreciation allowable pursuant to section 167(a) of the internal revenue code
for the taxable year as computed as if the additional allowance for
depreciation had been ten percent of the amount allowed pursuant to section
168(k) of the internal revenue code.
(d) In taxable years beginning from and after
December 31, 2015 through December 31, 2016, an amount equal to the
depreciation allowable pursuant to section 167(a) of the internal revenue code
for the taxable year as computed as if the additional allowance for
depreciation had been fifty-five percent of the amount allowed pursuant
to section 168(k) of the internal revenue code.
(e) In taxable years beginning from and after
December 31, 2016, an amount equal to the depreciation allowable pursuant to
section 167(a) of the internal revenue code for the taxable year as computed as
if the additional allowance for depreciation had been the full amount allowed
pursuant to section 168(k) of the internal revenue code.
18. With respect to property that is sold or
otherwise disposed of during the taxable year by a taxpayer that complied with
section 43-1021, paragraph 11 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 or prior taxable years.
19. The amount contributed during the taxable year
to college savings plans established pursuant to section 529 of the internal
revenue code on behalf of the designated beneficiary to the extent that the
contributions were not deducted in computing federal adjusted gross income.�
The amount subtracted may not exceed:
(a) $2,000 per beneficiary for a single individual
or a head of household.
(b) $4,000 per beneficiary for a married couple
filing a joint return. In the case of a husband and wife who file
separate returns, the subtraction may be taken by either taxpayer or may be
divided between them, but the total subtractions allowed both husband and wife
may not exceed $4,000 per beneficiary.
20. The portion of the net operating loss
carryforward that would have been allowed as a deduction in the current year
pursuant to section 172 of the internal revenue code if the election described
in section 172(b)(1)(H) of the internal revenue code had not been made in the
year of the loss that exceeds the actual net operating loss carryforward that
was deducted in arriving at federal adjusted gross income.� This subtraction
only applies to taxpayers who made an election under section 172(b)(1)(H) of
the internal revenue code as amended by section 1211 of the American recovery
and reinvestment act of 2009 (P.L. 111-5) or as amended by section
13 of the worker, homeownership, and business assistance act of 2009
(P.L. 111-92).
21. For taxable years beginning from and after
December 31, 2013, the amount of any net capital gain included in federal
adjusted gross income for the taxable year derived from investment in a
qualified small business as determined by the Arizona commerce authority
pursuant to section 41-1518.
22. An amount of any net long-term capital gain
included in federal adjusted gross income for the taxable year that is derived
from an investment in an asset acquired after December 31, 2011, as follows:
(a) For taxable years beginning from and after
December 31, 2012 through December 31, 2013, ten percent of the net long-term
capital gain included in federal adjusted gross income.
(b) For taxable years beginning from and after
December 31, 2013 through December 31, 2014, twenty percent of the net
long-term capital gain included in federal adjusted gross income.
(c) For taxable years beginning from and after
December 31, 2014, twenty-five percent of the net long-term capital gain
included in federal adjusted gross income.� For the purposes of this paragraph,
a transferee that receives an asset by gift or at the death of a transferor is
considered to have acquired the asset when the asset was acquired by the
transferor. If the date an asset is acquired cannot be verified, a
subtraction under this paragraph is not allowed.
23. If an individual is not claiming itemized
deductions pursuant to section 43-1042, the amount of premium costs for
long-term care insurance, as defined in section 20-1691.
24. 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 43-1024.
25. 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.
26. Benefits, annuities and pensions received as
retired or retainer pay of the uniformed services of the United States in
amounts as follows:
(a) For taxable years through December 31, 2018, an
amount totaling not more than $2,500.
(b) For taxable years
beginning from and after December 31, 2018 through December 31, 2020, an amount
totaling not more than $3,500.
(c) For taxable years beginning from and after
December 31, 2020, the full amount received.
27. For taxable years beginning from and after
December 31, 2020, the amount contributed during the taxable year to an
achieving a better life experience account established pursuant to section 529A
of the internal revenue code on behalf of the designated beneficiary to the
extent that the contributions were not deducted in computing federal adjusted
gross income.� The amount subtracted may not exceed:
(a) $2,000 per beneficiary for a single individual
or a head of household.
(b) $4,000 per
beneficiary for a married couple filing a joint return.� In the case of a
husband and wife who file separate returns, the subtraction may be taken by
either taxpayer or may be divided between them, but the total subtractions allowed
both husband and wife may not exceed $4,000 per beneficiary.
28. For taxable years
beginning from and after December 31, 2020, Arizona small business gross income
but only if an individual taxpayer has elected to separately report and pay tax
on the taxpayer's Arizona small business adjusted gross income on the Arizona
small business income tax return.
29. To the extent not already excluded from Arizona
gross income under the internal revenue code, the value of virtual currency and
non-fungible tokens the taxpayer received pursuant to an airdrop at the
time of the airdrop. This paragraph may not be interpreted as
providing a subtraction for any appreciation in value that occurs from holding
the virtual currency after the initial receipt of the airdrop. For
the purposes of this paragraph:
(a) "Airdrop" means the receipt of virtual
currency through a means of distribution of virtual currency to the distributed
ledger addresses of multiple taxpayers.
(b) "Non-fungible token" has the
same meaning prescribed in section 43-1028.
(c) "Virtual currency" has the same
meaning prescribed in section 43-1028.
30. The amount allowed as a subtraction by section
43-1028 for gas fees not already included in the taxpayer's virtual
currency or non-fungible token basis.
31. For taxable years beginning from
and after December 31, 2024 through December 31, 2028, an amount equal to the
amount allowed as an enhanced deduction for seniors pursuant to section 151(
d
)(5)(C) of the internal revenue code.
32. For taxable years beginning from
and after December 31, 2024 through December 31, 2028, an amount equal to the
amount allowed as a deduction for qualified tips pursuant to section 224 of the
internal revenue code but only to the extent the qualified tips are included in
arizona gross income.
33. For taxable years beginning from
and after December 31, 2024 through December 31, 2028, an amount equal to the
amount allowed as a deduction for qualified overtime compensation pursuant to
section 225 of the internal revenue code but only to the extent the qualified
overtime compensation is included in arizona gross income.
END_STATUTE
Sec. 4. Section 43-1041, Arizona Revised
Statutes, is amended to read:
START_STATUTE
43-1041.
Optional standard deduction
A. A taxpayer may elect to take a standard deduction
as follows:
1.
for taxable years beginning from
and after December 31, 2019 through December 31, 2024:
(
a
)
In
the case of a single person or a married person filing separately, the standard
deduction is $12,200, subject to subsection H of this section.
2.
(
b
)
In the case of a single person who is a head of a
household, the standard deduction is $18,350, subject to subsection H of this
section.
3.
(
c
)
In the case of a married couple filing a joint
return, the standard deduction is $24,400, subject to subsection H of this
section.
2. For
taxable years beginning from and after december 31, 2024:
(
a
) In the case of a single person or a married person filing
separately, the standard deduction is $15,750, subject to subsection I of this
section
.
(
b
)
In the case of a single person who is a head of a household, the
standard deduction is $23,625, subject to subsection I of this section.
(
c
)
In the case of a married couple filing a joint return, the standard
deduction is $31,500, subject to subsection I of this section.
B. The standard deduction provided for in subsection
A of this section is in lieu of all itemized deductions allowed by section 43-1042,
which are to be subtracted from Arizona adjusted gross income in computing
taxable income.
C. The standard deduction is allowed if the taxpayer
so elects. The election is made by the taxpayer claiming on the tax
return the amount provided for in this section in lieu of the itemized
deductions allowed under section 43-1042. Electing to file a
short form return or a simplified return that does not allow itemized
deductions to be claimed is considered to be an election to claim the standard
deduction.
D. In the case of a husband and wife, the standard
deduction provided for in subsection A of this section is not allowed to either
if the taxable income of one of the spouses is determined without regard to the
standard deduction.
E. The standard deduction provided for by subsection
A of this section is not allowed in the case of a taxable year of less than
twelve months on account of a change in the accounting period.
F. Except as provided in subsection G of this
section, a change of an election to take, or not to take, the standard
deduction for any taxable year may be made after the filing of the return for
that year.
G. A taxpayer is not allowed to change an election
to take, or not to take, the standard deduction if:
1. The spouse of the taxpayer filed a separate
return for any taxable year corresponding, for the purposes of subsection D of
this section, to the taxable year of the taxpayer unless both of the following
apply:
(a) The spouse makes a change of election with
respect to the standard deduction for the taxable year covered in the separate
return consistent with the change of election sought by the taxpayer.
(b) The taxpayer and spouse consent in writing to
the assessment, within such a period as may be agreed on with the department,
of any deficiency, to the extent attributable to the change of election, even
though at the time of filing the consent the assessment of the deficiency would
otherwise be prevented by the operation of any law or rule of law.
2. The tax liability of the taxpayer or the
taxpayer's spouse for the taxable year has been compromised.
H. For each taxable year beginning from and after
December 31, 2019
through December 31, 2024
, the
department shall adjust the dollar amounts prescribed by subsection A,
paragraphs
paragraph
1
, 2
and 3
of this section for inflation in the same manner in which the
federal basic standard deduction is adjusted for inflation pursuant to section
63 of the internal revenue code.
I. For each taxable year beginning
from and after December 31, 2025, the department shall adjust the dollar
amounts prescribed by subsection A, paragraph 2 of this section for inflation
in the same manner in which the federal basic standard deduction is adjusted
for inflation pursuant to section 63 of the internal revenue code.
I.
J.
For
taxable years beginning from and after December 31, 2018, the standard
deduction allowed under subsection A of this section shall be increased by the
amount equal to twenty-five percent of the total amount of a taxpayer's
charitable deductions that would have been allowed if the taxpayer elected to
claim itemized deductions under section 43-1042 rather than elect the
standard deduction. For taxable years beginning from and after
December 31, 2021, the department shall adjust the percentage prescribed in
this subsection according to the average annual change in the metropolitan
Phoenix consumer price index published by the United States department of
labor, bureau of labor statistics, except that the adjusted percentage may not
exceed one hundred percent. The revised percentage shall be raised
to the nearest whole percent and may not be revised below the amounts
prescribed in the prior taxable year.
END_STATUTE
Sec. 5.
Retroactivity
This act applies retroactively to
taxable years beginning from and after December 31, 2024.