42-5071

42-5071. Personal property rental
classification

A. The personal property rental classification is comprised of the business of
leasing or renting tangible personal property for a consideration. The tax does not apply
to:

1. Leasing or renting films, tapes or slides used by theaters or movies, which are
engaged in business under the amusement classification, or used by television stations or
radio stations.

2. Activities engaged in by the Arizona exposition and state fair board or county
fair commissions in connection with events sponsored by such entities.

3. Leasing or renting tangible personal property by a parent corporation to a
subsidiary corporation or by a subsidiary corporation to another subsidiary of the same
parent corporation if taxes were paid under this chapter on the gross proceeds or gross
income accruing from the initial sale of the tangible personal property. For the
purposes of this paragraph, "subsidiary" means a corporation of which at least eighty per
cent of the voting shares are owned by the parent corporation.

4. Operating coin operated washing, drying and dry cleaning machines or coin
operated car washing machines at establishments for the use of such machines.

5. Leasing or renting tangible personal property for incorporation into or
comprising any part of a qualified environmental technology facility as described in
section 41-1514.02. This paragraph shall apply for ten full consecutive calendar or
fiscal years following the initial lease or rental by each qualified environmental
technology manufacturer, producer or processor.

6. Leasing or renting aircraft, flight simulators or similar training equipment to
students or staff by nonprofit, accredited educational institutions that offer associate
or baccalaureate degrees in aviation or aerospace related fields.

7. Leasing or renting photographs, transparencies or other creative works used by
this state on internet web sites, in magazines or in other publications that encourage
tourism.

B. The tax base for the personal property rental classification is the gross
proceeds of sales or gross income derived from the business, but the gross proceeds of
sales or gross income derived from the following shall be deducted from the tax base:

1. Reimbursements by the lessee to the lessor of a motor vehicle for payments by
the lessor of the applicable fees and taxes imposed by sections 28-2003, 28-2352,
28-2402, 28-2481 and 28-5801, title 28, chapter 15, article 2 and article IX, section 11,
Constitution of Arizona, to the extent such amounts are separately identified as such
fees and taxes and are billed to the lessee.

2. Leases or rentals of tangible personal property which, if it had been purchased
instead of leased or rented by the lessee, would have been exempt under:

(a) Section 42-5061, subsection A, paragraph 8, 9, 12, 13, 25, 29, 50 or 55.

(b) Section 42-5061, subsection B, except that a lease or rental of new machinery
or equipment is not exempt pursuant to:

(i) Section 42-5061, subsection B, paragraph 13 if the lease is for less than two
years.

(ii) Section 42-5061, subsection B, paragraph 22 if the lease is for less than five
years.

(d) Section 42-5061, subsection N.

3. Motor vehicle fuel and use fuel that are subject to a tax imposed under title
28, chapter 16, article 1, sales of use fuel to a holder of a valid single trip use fuel
tax permit issued under section 28-5739 and sales of aviation fuel that are subject to
the tax imposed under section 28-8344.

4. Leasing or renting a motor vehicle subject to and upon which the fee has been
paid under title 28, chapter 16, article 4.

5. Amounts received by a motor vehicle dealer for the first month of a lease
payment if the lease and the lease payment for the first month of the lease are
transferred to a third party leasing company.

C. Sales of tangible personal property to be leased or rented to a person engaged
in a business classified under the personal property rental classification are deemed to
be resale sales.

D. In computing the tax base, the gross proceeds of sales or gross income from the
lease or rental of a motor vehicle does not include any amount attributable to the car
rental surcharge under section 28-5810 or 48-4234.

E. Until December 31, 1988, leasing or renting animals for recreational purposes is
exempt from the tax imposed by this section. Beginning January 1, 1989, the gross
proceeds or gross income from leasing or renting animals for recreational purposes is
subject to taxation under this section. Tax liabilities, penalties and interest paid for
taxable periods before January 1, 1989 shall not be refunded unless the taxpayer
requesting the refund provides proof satisfactory to the department that the monies paid
as taxes will be returned to the customer.