HOUSE BILL 2290

HOUSE BILL 2290

January 28, 2026•3 min read

REFERENCE TITLE:
TPT; sourcing; business location; receipt

State of Arizona
House of Representatives
Fifty-seventh Legislature
Second Regular Session
2026

HOUSE BILL 2290

Introduced by
Representative Olson

AN ACT
AMENDING SECTION 42-5040, ARIZONA REVISED STATUTES; RELATING TO TRANSACTION PRIVILEGE TAX.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

  2. Section 1. Section 42-5040, Arizona Revised Statutes, is amended to

  3. read:

  4. 42-5040. Sourcing of certain transactions involving tangible

  5. personal property; definitions

  6. A. Except as provided in section 42-5075, retail sales of tangible

  7. personal property shall be sourced as follows:

  8. 1. To the seller's business location if the seller receives the

  9. order at a business location in this state.

  10. 2. Except as provided in section 42-5008.01, to the purchaser's

  11. location in this state if the seller receives the order at a business

  12. location outside this state or, if there is no delivery address, to the

  13. purchaser's billing address.

  14. B. A shared vehicle transaction shall be sourced as follows:

  15. 1. To the permanent street address of the registered shared vehicle

  16. owner if the shared vehicle is registered in this state.

  17. 2. To the street address in this state where the shared vehicle

  18. owner resides while in this state if the shared vehicle is registered in

  19. another state or country.

  20. 3. To the location of the shared vehicle at the car sharing start

  21. time if the shared vehicle owner does not reside in this state and the

  22. shared vehicle is registered in another state or country.

  23. C. For the purposes of subsection A of this section, an order is

  24. received when all of the information necessary to accept the order has

  25. been received by or on behalf of the seller AT A BUSINESS LOCATION OF THE

  26. SELLER, regardless of where the order is accepted or approved. The place

  27. of business or residence of the purchaser OR THE LOCATION OF SERVERS USED

  28. TO TRANSMIT THE INFORMATION NECESSARY TO ACCEPT THE ORDER TO A BUSINESS

  29. LOCATION does not determine where the order is received.

  30. D. The gross receipts from leasing or renting tangible personal

  31. property shall be sourced as follows:

  32. 1. To the lessor's business location if the lessor has a business

  33. location in this state.

  34. 2. To the lessee's address if the lessor does not have a business

  35. location in this state or, if there is no lessee's address, to the

  36. lessee's billing address. The gross receipts are taxable when the

  37. property is shipped, delivered or otherwise brought into this state for

  38. use in this state.

  39. E. For the purposes of this section:

  40. 1. "BUSINESS LOCATION" MEANS A PHYSICAL SPACE THAT A PERSON CAN

  41. OCCUPY, SUCH AS AN OFFICE OR A ROOM IN A HOUSE, AND IN WHICH BUSINESS IS

  42. CARRIED ON.

  43. 1. 2. "Car sharing start time" has the same meaning prescribed in

  44. section 28-9601.

  1. 2. 3. "Lessee's address" means the residential address of an

  2. individual lessee and the primary business LOCATION address of any other

  3. lessee.

  4. 3. 4. "Lessor's business location" means the business LOCATION

  5. address that appears on the lessor's transaction privilege tax license.

  6. 4. 5. "Shared vehicle" has the same meaning prescribed in section

  7. 28-9601.

  8. 5. 6. "Shared vehicle owner" has the same meaning prescribed in

  9. section 28-9601.

  10. 6. 7. "Shared vehicle transaction" has the same meaning prescribed

  11. in section 28-9601.

  12. Sec. 2. Applicability

  13. This act applies to taxable periods beginning on or after the first

  14. day of the month following the general effective date.

James G. Busby, Jr.

James G. Busby, Jr.

James G. Busby, Jr. is a Shareholder at The Cavanagh Law Firm where his practice involves all areas of Arizona state and local tax (SALT) including sales, use, gross receipts, transaction privilege, excise, luxury, tobacco, and severance taxes, as well as income, real, and personal property taxes. For nearly 30 years, James has assisted his clients with state and local tax planning, litigation and controversy, legislation, and policy matters. Before entering private practice, he served as Chief Auditor for sales tax at the Arizona Department of Revenue. In his law practice, and before that while working for two of the world’s largest accounting firms (Arthur Andersen and Deloitte), James has successfully advised and represented numerous clients of all sizes, and from numerous industries, in a wide variety of tax matters. He is a Fellow of the American College of Tax Counsel, was selected by his peers for inclusion in the The Best Lawyers in America® for Tax Law and for Litigation and Controversy–Tax, was named a PHOENIX Magazine Top Lawyer in Tax Law, is a member of the invitation-only Independent SALT Alliance, a national network of state and local tax advisors, received the State Bar of Arizona Tax Law Section's 2024 Henry Tom Outstanding Tax Attorney Award (commonly known as the Tax Section's "Lifetime Achievement Award"), and is Martindale-Hubbell® AV Preeminent® Peer Review Rated.™ James lectures extensively on state and local tax topics. He co-authored Bloomberg's Arizona Corporate Income Tax Navigator, and he co-authored the chapter regarding the Judicial Review of Taxation in the Arizona Appellate Handbook published by the State Bar of Arizona. James also wrote a column relating to Arizona tax issues for State Tax Notes entitled SALT From My Saddle, and a column on state and local tax topics for the AZ CPA Magazine entitled A Dash of SALT.

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