HOUSE BILL 2173

HOUSE BILL 2173

April 13, 20268 min read

House Engrossed
property tax errors; electronic communications

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

CHAPTER 48

HOUSE BILL 2173

AN ACT
AMENDING SECTIONS 42-16252 AND 42-16254, ARIZONA REVISED STATUTES; RELATING TO PROPERTY TAX.

(TEXT OF BILL BEGINS ON NEXT PAGE)

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

  2. Section 1. Section 42-16252, Arizona Revised Statutes, is amended

  3. to read:

  4. 42-16252. Notice of proposed correction; response; petition

  5. for review; appeal; electronic communication

  6. A. Subject to the limitations and conditions prescribed by this

  7. article, if a tax officer determines that any real or personal property

  8. has been assessed improperly as a result of a property tax error, the tax

  9. officer shall send the taxpayer a notice of proposed correction at the

  10. taxpayer's last known address by:

  11. 1. Certified mail, return receipt requested, if correction of the

  12. error results in an increase in the full cash value or change in legal

  13. classification of the property.

  14. 2. First class mail or, at the taxpayer's written request, delivery

  15. by common carrier or electronic transmittal, if correction of the error

  16. does not result in an increase in the valuation of the property.

  17. B. The notice shall:

  18. 1. Be in a form prescribed by the department.

  19. 2. Clearly identify the subject property by tax parcel number or

  20. tax roll number and the year or years for which the correction is

  21. proposed.

  22. 3. Explain the error, the reasons for the error and the proposed

  23. correction of the error.

  24. 4. Inform the taxpayer of the procedure and deadlines for appealing

  25. all or part of the proposed determination before the tax roll is

  26. corrected.

  27. C. Within thirty days after receiving a notice of proposed

  28. correction, the taxpayer may file a written response to the tax officer

  29. that sent the notice to either consent to or dispute the proposed

  30. correction of the error and to state the grounds for disputing the

  31. correction. A failure to file a written response within thirty days

  32. constitutes consent to the proposed correction. A taxpayer may file a

  33. request for an extension of time within thirty days after receiving the

  34. notice of proposed correction. The extension of time may not exceed

  35. thirty days. If an extension is granted, any response that is not filed

  36. within the extended due date constitutes consent to the proposed

  37. correction.

  38. D. The taxpayer may appeal any valuation or legal classification

  39. issue that arises from the proposed correction as provided in this

  40. section.

  41. E. If the taxpayer consents to the proposed correction, or consents

  42. to the proposed correction but disputes the proposed valuation or legal

  43. classification as provided on the form prescribed by the department, the

  44. tax roll shall be promptly corrected to allow property taxes to be levied

  45. and collected in all subsequent tax years, but no additional tax, interest

  1. or penalty may be imposed for the current tax year or any tax year

  2. preceding the date of the notice of proposed correction.

  3. F. If the taxpayer disputes the proposed correction or the proposed

  4. valuation or legal classification, the tax officer shall meet with the

  5. taxpayer or the taxpayer's representative in any case in which the

  6. taxpayer has timely filed a written response to discuss the proposed

  7. correction. If after the meeting the tax officer and the taxpayer reach

  8. an agreement on all or part of the proposed correction, the tax officer

  9. and the taxpayer shall each sign an agreement and the tax roll must be

  10. promptly corrected to the extent agreed on.

  11. G. If after the meeting the parties fail to agree on all or part of

  12. the proposed correction, the tax officer shall serve a notice on the

  13. taxpayer by certified mail within thirty days after the meeting date

  14. advising the taxpayer that the tax roll will be corrected to the extent

  15. agreed on. The taxpayer may file a petition on a form prescribed by the

  16. department with the board of equalization within thirty days after the

  17. date of the notice or it is barred. On receiving the petition, the board

  18. shall hold a hearing on the disputed issues in the proposed correction

  19. within thirty days and shall issue a written decision pursuant to the

  20. board's rules.

  21. H. A party that is dissatisfied with the decision of the board may

  22. appeal the decision to court within sixty days after the date the board's

  23. decision is mailed, but any additional taxes that are determined to be due

  24. must be timely paid before delinquency for the court to retain

  25. jurisdiction of the matter.

  26. I. THE TAX OFFICER MAY ACCEPT AN ELECTRONIC RESPONSE TO A NOTICE OF

  27. PROPOSED CORRECTION FROM A TAXPAYER. IF THE TAXPAYER ELECTS TO SUBMIT THE

  28. RESPONSE ELECTRONICALLY, THE TAX OFFICER SHALL PROVIDE AN ACKNOWLEDGMENT

  29. OR RESPONSE OF RECEIPT TO THE TAXPAYER AND MAY PROVIDE RELATED

  30. COMMUNICATIONS ELECTRONICALLY, EXCEPT FOR ANY NOTICE THAT IS REQUIRED TO

  31. BE SERVED BY CERTIFIED MAIL PURSUANT TO SUBSECTION G OF THIS SECTION. THE

  32. TIME LIMITS AND PROCEDURAL REQUIREMENTS THAT APPLY TO WRITTEN /

  33. COMMUNICATIONS UNDER THIS SECTION APPLY TO ELECTRONIC COMMUNICATIONS

  34. ALLOWED UNDER THIS SUBSECTION.

  35. Sec. 2. Section 42-16254, Arizona Revised Statutes, is amended to

  36. read:

  37. 42-16254. Notice of claim; response; petition for review;

  38. appeal; electronic communication

  39. A. If a taxpayer believes that the taxpayer's property has been

  40. assessed improperly as a result of a property tax error, the taxpayer

  41. shall file a notice of claim with the appropriate tax officer, either

  42. personally, electronically or by certified mail, as follows:

  43. 1. If the alleged error concerns the valuation or classification of

  44. property by the county assessor, the notice shall be filed with the

  1. assessor. On receiving the notice, the assessor shall immediately

  2. transmit a copy to the department.

  3. 2. If the alleged error concerns the valuation or classification of

  4. property by the department, the notice shall be filed with the department.

  5. 3. If the alleged error concerns the imposition of any tax rate,

  6. the notice shall be filed with the county board of supervisors. The clerk

  7. of the board of supervisors shall notify each affected taxing entity to

  8. allow the entity to file a response to the claim.

  9. B. The notice shall:

  10. 1. Be in a form prescribed by the department.

  11. 2. Clearly identify the subject property by tax parcel number or

  12. tax roll number and the year or years for which the correction is

  13. proposed.

  14. 3. State the claim and the evidence to support the claim for

  15. correcting the alleged error.

  16. C. Within sixty days after receiving a notice of claim, the tax

  17. officer may file a written response to the taxpayer to either consent to

  18. or dispute the error and to state the grounds for disputing the error. A

  19. failure to file a written response within sixty days constitutes consent

  20. to the error, and the board of supervisors shall direct the county

  21. treasurer to correct the tax roll on the taxpayer's written demand

  22. supported by proof of the date of the notice of claim and the tax

  23. officer's failure to timely dispute the error.

  24. D. If the tax officer disputes the error, the tax officer shall

  25. notify the taxpayer of a time and place for a meeting between a

  26. representative of the tax officer and the taxpayer or the taxpayer's

  27. representative within sixty days to discuss the basis for the dispute.

  28. E. If, after the meeting, the parties agree on all or part of the

  29. notice of claim, the tax roll must be corrected promptly to the extent

  30. agreed on and any taxes that have been overpaid shall be refunded pursuant

  31. to section 42-16259.

  32. F. If the parties fail to agree on all or part of the notice of

  33. claim, the taxpayer may file a petition with the board of equalization on

  34. a form prescribed by the department and shall send a copy to the tax

  35. officer by certified mail. The petition must be filed with the board

  36. within ninety days after the date of the meeting or it is barred. On

  37. receiving the petition, the board shall hold a hearing on the disputed

  38. issues in the notice of claim within thirty days and shall issue a written

  39. decision pursuant to the board's rules.

  40. G. A party that is dissatisfied with the decision of the board may

  41. appeal the decision to court within sixty days after the date the board's

  42. decision is mailed, but any additional taxes that are determined to be due

  43. must be timely paid before delinquency for the court to retain

  44. jurisdiction of the matter. In addition, in order for a taxpayer to

  45. recover a refund for taxes paid in a preceding tax year as a result of an

  1. error, all taxes that were levied and assessed against the property for

  2. the tax year must be paid before delinquency in order for the court to

  3. retain jurisdiction of the matter.

  4. H. If a tax officer accepts electronic notice of claim from a

  5. taxpayer, the tax officer shall provide an electronic acknowledgement of

  6. receipt to the taxpayer.

  7. H. THE TAX OFFICER MAY ACCEPT AN ELECTRONIC NOTICE OF CLAIM FROM A

  8. TAXPAYER. IF THE TAXPAYER ELECTS TO SUBMIT THE NOTICE OF CLAIM

  9. ELECTRONICALLY, THE TAX OFFICER SHALL PROVIDE AN ACKNOWLEDGMENT OR

  10. RESPONSE OF RECEIPT TO THE TAXPAYER AND MAY PROVIDE RELATED COMMUNICATIONS

  11. ELECTRONICALLY, EXCEPT FOR ANY COMMUNICATION THAT IS REQUIRED TO BE SERVED

  12. BY CERTIFIED MAIL PURSUANT TO SUBSECTION F OF THIS SECTION. THE TIME

  13. LIMITS AND PROCEDURAL REQUIREMENTS THAT APPLY TO WRITTEN COMMUNICATIONS

  14. UNDER THIS SECTION APPLY TO ELECTRONIC COMMUNICATIONS ALLOWED UNDER THIS

  15. SUBSECTION.

APPROVED BY THE GOVERNOR APRIL 13, 2026.

FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 13, 2026.

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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