tax laws; interpretation; application; hearing

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

tax laws; interpretation; application; hearing

SB1221 - 572R - Senate Fact Sheet Assigned to FIN����������������������������������������������������������������������������������������������������������� AS PASSED BY HOUSE ARIZONA STATE SENATE Fifty-Seventh Legislature, Second Regular Session AMENDED FACT SHEET FOR S.B.

What This Bill Does

• SB1221 - 572R - Senate Fact Sheet Assigned to FIN����������������������������������������������������������������������������������������������������������� AS PASSED BY HOUSE ARIZONA STATE SENATE Fifty-Seventh Legislature, Second Regular Session AMENDED FACT SHEET FOR S.B.
• 1221 tax laws; interpretation; application; hearing Purpose Requires the Arizona Department of Revenue (ADOR) to notify the Legislature of a proposed interpretation or application of tax law that will adversely affect taxpayers before the new interpretation or application is adopted and requires ADOR to provide testimony regarding the interpretation or application, if the Legislature holds a hearing.
• Background ADOR administers and enforces statutes regarding taxation by: 1) formulating policies, plans and programs to effectuate the missions and purposes of ADOR; 2) providing information and advice within the scope of ADOR's duties; and 3) advising with and making recommendations to the Governor and Legislature on all matters concerning ADOR's objectives.
• ADOR may not apply any newly enacted law retroactively or in a manner that will penalize a taxpayer for complying with prior law.

Limits and Unknowns

• This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Official Summary Text

SB1221 - 572R - Senate Fact Sheet

Assigned to
FIN����������������������������������������������������������������������������������������������������������� AS
PASSED BY HOUSE

ARIZONA STATE SENATE

Fifty-Seventh
Legislature, Second Regular Session

AMENDED

FACT SHEET FOR
S.B. 1221

tax laws;
interpretation; application; hearing

Purpose

Requires the Arizona Department of Revenue (ADOR) to notify the
Legislature of a proposed interpretation or application of tax law that will
adversely affect taxpayers before the new interpretation or application is
adopted and requires ADOR to provide testimony regarding the interpretation or
application, if the Legislature holds a hearing.

Background

ADOR administers and enforces statutes regarding taxation by: 1)
formulating policies, plans and programs to effectuate the missions and
purposes of ADOR; 2) providing information and advice within the scope of
ADOR's duties; and 3) advising with and making recommendations to the Governor
and Legislature on all matters concerning ADOR's objectives.

ADOR may not apply any newly enacted law retroactively or in a manner
that will penalize a taxpayer for complying with prior law. If ADOR adopts a
new interpretation or application of any provision of tax law or determines
that any of those provisions apply to a new or additional category or type of
taxpayer, and the change in interpretation or application is not due to a
change in the law: 1) the change in interpretation or application applies
prospectively unless it is favorable to taxpayers; 2) ADOR may not assess any
tax, penalty or interest retroactively based on the change in interpretation or
application; and 3) the change is an affirmative defense in any administrative
or judicial action for retroactive assessment of tax, interest and penalties to
taxable periods before the new interpretation or application was adopted.
New
interpretation or

application
includes policies and procedures
adopted by administrative rule, tax ruling, tax procedure or instructions to a
tax return (A.R.S. ��
42-1004

and
42-2078
).

There is no anticipated fiscal impact to the state General Fund
associated with this legislation.

Provisions

1.

Requires
ADOR, and allows an affected taxpayer, to notify the Chairpersons of the Senate
Finance Committee and the House of Representatives Ways and Means Committee, or
their successor committees, if a proposed new interpretation or application of
any provision of tax law will adversely affect taxpayers prospectively, before
the new interpretation or application is adopted.

2.

Requires
ADOR, if the Senate Finance Committee and House of Representatives Ways and
Means Committee, or their successor committees, hold a hearing on a proposed
new interpretation�s or application�s impact on taxpayers, to provide testimony
regarding the reasons the interpretation or application is necessary.

3.

Contains
a statement of legislative intent.

4.

Makes
conforming changes.

5.

Becomes
effective on the general effective date.

Amendments
Adopted by the House of Representatives

�

Adds a statement of legislative intent.

Senate Action
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House
Action

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Prepared by Senate Research

April 21, 2026

MG/hk

Current Bill Text

SB1221 - 572R - H Ver

House Engrossed
Senate Bill

tax laws;
interpretation; application; hearing

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SENATE BILL 1221

AN
ACT

amending section 42-2078, Arizona Revised
Statutes; relating to taxpayer protection.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it
enacted by the Legislature of the State of Arizona:

Section 1. Section 42-2078, Arizona Revised
Statutes, is amended to read:

START_STATUTE
42-2078.

New
interpretation or application of law; notice; hearing; affirmative defense;
definition

A. Unless expressly authorized by law, the
department shall not apply any newly enacted law retroactively or in a manner
that will penalize a taxpayer for complying with prior law.

B. If a proposed new interpretation
or application of any provision of this title or title 43 will adversely affect
taxpayers prospectively, the department shall, or an affected taxpayer may,
notify the chairpersons of the senate finance committee and the house of
representatives ways and means committee, or their successor committees, before
the new interpretation or application is adopted. If The
chairpersons of the senate finance committee and the house of representatives
ways and means committee, or their successor committees, hold a hearing on the
proposed new interpretation's or application's impact on taxpayers, the
department shall provide testimony regarding the reasons that the
interpretation or application is necessary.

B.
C.
If
the department adopts a new interpretation or application of any provision of
this title or title 43 or determines that any of those provisions applies to a
new or additional category or type of taxpayer, and the change in
interpretation or application is not due to a change in the law:

1. The change in interpretation or application
applies prospectively unless it is favorable to taxpayers.

2. The department shall not assess any tax, penalty
or interest retroactively based on the change in interpretation or application.

3. The change is an affirmative defense in any
administrative or judicial action for retroactive assessment of tax, interest
and penalties to taxable periods before the new interpretation or application
was adopted.

C.
D.
Tax
liabilities, penalties and interest paid before a new interpretation or
application of chapter 5 of this title by the department shall not be refunded
unless the taxpayer requesting the refund provides evidence satisfactory to the
department that the amounts will be refunded to the person who paid an added
charge to cover the tax.

D.
E.
For
the purposes of this section, "new interpretation or application"
includes policies and procedures adopted by administrative rule,
a
tax ruling,
a
tax procedure or
instructions to a tax return.
END_STATUTE

Sec. 2.
Legislative intent

The legislature intends that a hearing
held pursuant to section 42-2078, subsection B, Arizona Revised Statutes,
as added by this act:

1. Educate the public and
policymakers of a new interpretation or application of title 42 or 43, Arizona
Revised Statutes, before the new interpretation or application is implemented.

2. Provide an opportunity
for public input before a new interpretation or application of title 42 or 43,
Arizona Revised Statutes, takes effect.

3. Increase transparency
with regard to the interpretation and application of title 42 or 43, Arizona
Revised Statutes.

4. Not politicize the
administration of this state's tax code and not interfere with the
responsibilities outlined in the Constitution of Arizona.