ALERTS are catagorized by: GENERAL, ARIZONA DEPARTMENT OF REVENUE, INTERNAL REVENUE SERVICE, BUSINESS FORMATION and BANKRUPTCY
GENERAL
The information, blogs, alerts, etc. contained within this website are intended to be used for informational purposes only and does not constitute legal advice nor create an attorney-client relationship. The information contained herein is for informational purposes only. We do not make any recommendations or endorsement as to any legal issue or procedure discussed. Legal issues should be considered on a case-by-case basis, and the information described herein is not necessarily a guide to your individual circumstances. It is advised that you seek independent legal advice to determine your particular legal needs.
2025
February 2025
Topic One:
Maricopa County Veterans StandDown
Tracy will be participating, in person, at the Veterans StandDown in March. He will provide a no charge 30-minute consultation to veterans. prior to the March event Attorneys knowledgeable in the areas of family law, landlord/tenant, estate planning, bankruptcy/collections, social security/disability, and civil claims will be at the in person event to provide consultations to veterans. For the telephonic consults prior to the StandDown event, coordinators will send attorneys early referrals of veterans who are unable to attend the StandDown in person but would like to speak to an attorney regarding a legal matter. The referral will have the veteran's name, contact information, and a short description. An attorney will be matched with that veteran and will provide the consultation within 5 business days of the veterans inquiry. The early referrals will be sent through to attorneys up to February 28th. The in-person event is scheduled, March 13th from 7:00am-4:00pm and March 14th from 7:00am-3:30pm at the Arizona State Fair Grounds.
Topic Two:
Independent Contractors are not entitled to minimum wage and overtime pay protections. A new rule that became effective in March 2024 uses a six part test known as “economic realty” test considerations are opportunity for profit or loss depending on managerial skill; investments by the work and the employer, permanence of the working relationship, nature and degree of control over the worker, is work performed integral to employer’s business and skill and initiative. Consult the U S Department of Labor information under the Fair Labor Standards Act for more details.
January 2025
Topic One:
Now, something not so great. Data that shows landlords filed more eviction cases in 2024 than any other year in Maricopa County.
Here is a roundup of some of that news coverage:
AzCentral: Record-breaking evictions despite lower rents, more housing
Daily Independent/YourValley: Eviction filings swell
AZFamily: All-time record broken
KPNX/12News: A record no one wants to break
KSAZ/Fox10: Record broken
KNXV/ABC15: Highest filings on record
Telemundo: Récord de casos de desalojo
KJZZ: We broke the all-time record
KTAR: Record number of evictions filed
Also- the Arizona Republic is looking at the repeal of the rental tax, and asking tenants if landlords are still charging it. This has been a common topic of conversation for a few weeks as new filings must take that into account.
Because of the rise in our eviction filings, folks from the National Center for State Courts (NCSC) will visit Maricopa County next week. They will attend eviction dockets in some of our courts and meet with community leaders and groups who work in the field of evictions, including tenants who have been through the process, to see what might be done to turn the tide. The goal will be to make suggestions for improvements in the process, with a report on potential eviction diversion strategies to come out this Spring
Topic Two:
State Bar - Lawyers on Call Channel 15 - Tracy will be providing legal assistance by answering questions at Channel 15.
2025 Let ABC15 Know- Bankruptcy and Collections
What: Free legal phone bank that allows consumers to speak with legal professionals on specific legal topics.
Who: State Bar of Arizona's Public Service Center and Volunteer Legal Professionals (Attorneys and Legal Paraprofessionals)
When: Wednesday, January 15, 2025
Where: ABC15 Studio- Phoenix
Phone number provided by ABC15 at 5:00pm
November 2024
Topic One:
November 19th and December 17th Tracy will be providing legal assistance by answering questions through Zoom. The program “Access to Justice” is provided by the State Bar of Arizona. Please contact the State Bar of Arizona for more details.
Topic Two:
“Arizona approved Proposition 312 which permits property tax refunds for real property owners under specific circumstances. These are for those who incur expenses to mitigate the effects of loitering, panhandling, illegal camping, public consumption of alcohol , possession or use of illegal substances IF their city, town or county adopts and follows a policy, pattern or practice of declining to enforce laws prohibiting such practices.
Topic Three:
Tracy provided free legal assistance at the Tempe Marketplace District Stage on Let ABC15 Know - on the road event on Wednesday, November 13th from 5pm to 7pm. Consumers were at the event and hoped to speak with attorneys about their issues and receive some guidance, suggestions and insight about their specific issue.
October 2024
October 26th - Glendale’s Stand Up for Veterans (In-person)
Volunteer to Help Veterans
The Public Service Center has been working hard to fulfill its mission of Access to Justice and this year more than 1,400 consumers have received free valuable legal information. Glendale’s Stand Up for Veterans
Areas: Family law, Employment, VA Benefits, Criminal, Estate Planning, Bankruptcy, Litigation, Social Security, Workers Compensation, Landlord/Tenant and Collections Saturday, October 26th, in Glendale
8:00pm-1: Arizona Christian College 1 W. Firestorm Way Glendale, AZ 85306 (Southwest corner of 57th Ave and Greenway)
September 2024
Sealing eviction cases:
the case is dismissed before the judge issues a ruling;
there is judgment for the tenant;
both parties file a stipulation to set aside and seal.
Many eviction attorneys will send the court a notice of dismissal or give verbal notice in court. This is sufficient in an order to dismiss, and therefore seal the case.
The intent of HB2485 when it created ARS 33-1379 was to protect tenants from undue housing discrimination because of an eviction filing on their record.
August 2024
Topic One:
Tracy received recognition by the State Bar of Arizona and was mentioned in their August 2024 newsletter “E-Legal”
Tracy Essig: An Above and Beyond Volunteer
Many organizations claim to have the best volunteers, and while they are all great, ours are top-tier. Over his 35 years of Service, Tracy Essig uses his high level of expertise in an array of legal areas to serve consumers across Arizona. While volunteering at the State Bar of Arizona's free legal clinics and phone banks, Tracy ensures consumers walk away from their conversation with the necessary information, often staying after the clinic's end time and without taking a break to eat. Thank you for sharing your knowledge and helping bridge the gap to Access to Justice in the state!
Topic Two:
Eviction cases continue to make headlines as numbers show no signs of slowing. July’s filings were 9% more than June’s. Clearly you have felt that in your courts.
Media do various things with the information we collect and share:
12News reported the data pretty much exactly as they received it.
ABC15’s newest reporter spent an afternoon in eviction court and produced an outstanding story on what’s going on and what tenants should do.
Then their “data guru” took a deep dive into the data showing some interesting trends.
The Phoenix New Times not only reported the numbers but also looked at why this is happening.
The Arizona Republic included notes on the rising temperatures and the lack of rental assistance, and included a link to a new dashboard that adds demographics to the stats.
Fox10 and Telemundo did not post their news stories online.
2024 is on track to have the most evictions filed in our state’s history- at a rate that far outpaces the population growth
July 2024
Tracy is volunteering at the State Bar of Arizona Legal Assistance Event
State Bar of Arizona's Access to Justice Legal Clinic
What: Register to receive a free 30 minute consultation with a volunteer attorney.
Who: State Bar of Arizona's Public Service Center and Volunteer Attorneys
When: Tuesday, July 30th
Where: Zoom
Topics: Family, Employment, Immigration, Bankruptcy and Collections, and Estate Planning
***Registration is required, email findalawyer@staff.azbar.org or call 602-340-7293**
June 2024
Tracy is volunteering to staff the telephone call center to answer legal questions.
Wednesday, June 26, from 5:00pm-7:00pm for the Let ABC15 Know- Phone Bank, call 1 855 522-1515
April 2024
Topic One:
Tracy is volunteering today at the State Bar of Arizona Law Day clinic
What: Law Day
Volunteer attorneys will provide free 30 minute consultations in the areas of, Estate Planning, Family Law, Employment, Immigration, Bankruptcy and Collections, and Landlord/Tenant Law
Who: State Bar of Arizona Public Service Center and Volunteer Attorneys
When: Saturday, April 27, 2024 from 9:00 a.m. to 1:00 p.m.
Where: ZOOM
***Registration required, email Findalawyer@staff.azbar.org or call 602-340-7293**
Topic Two:
211 Arizona Did you know that you can dial (211) on your telephone and get statewide information for various available resources? You can obtain information about: human services; health needs; rental assistance; emergency food; crisis counseling; mental health; legal assistance; financial assistance; disability resources; support groups; community and government services; volunteering and donating; and utility assistance.
March 2024
Maricopa County StandDown March 22, 2024
Tracy will be volunteering at the stand. It is an opportunity for veterans to receive free legal services and to thank them for serving our country. The 2024 Maricopa County StandDown is being hosted:
Thursday, March 21, 6:30AM to 3PM and Friday, March 22, 7AM to 2PM
Legal assistance screening is available by phone, from February 15, 2024 - March 18, 2024. Call 1-866-429-8387, Monday to Friday, 8:00am-5:00pm.
Veterans may receive legal assistance with the following:
Divorce, child support, and alimony Rights restoration VA disability and military discharge issues Bankruptcy, Civil claims, Wills and trust, Immigration, Housing, Marijuana Expungement
Event Information
Date 03-21-2024 6:30 am through 03-22-2024 2:00 pm
Capacity Unlimited Individual Price Free Location Arizona State Fair Grounds
February 2024
February 21, 2024 Check out channel 15 tonight from 5:00 pm to 5:30pm and from 6:00 pm to 7:00 pm. The telephone number to call will be displayed on the channel during the time slot.
2023
November 2023
THANK YOU VETERANS. We appreciate you and your service.
October 2023
Topic One:
Tracy will be at the 10th Annual Stand Up for Veterans on
Saturday, October 14, 2023
This event provides ample opportunities for Veterans to access services tailored to their life experiences and needs in a central location. It has touched the lives of thousands of veterans since its inception
8:00 a.m.-1:00 p.m. 1 W. Firestorm Way, Glendale, AZ 85036
What services are offered?
Veteran & Spouse Job Opportunities MVD/Social Services Court Representatives Attorney Consultation Cardiovascular Heart Scans Dental Evaluations Flu Shots Veterinary Services Hair Styling
Get more information online or Register as AVSO or Employer Hiring at www.GlendaleStandUp.org
Topic Two:
Let Joe Know -ABC Investigative Reporter.
Tracy will be at the Tempe Marketplace District Stage on Wednesday, October 4th from 4:45pm to 7:00pm to provide assistance to consumers on behalf of Joe Ducey,
Channel 15 is asking consumers to come in person, get a number for a specific category (legal issue), and then be able to talk with one of 25 consumer experts who will be available. In attendance will be: AG's office; the BBB; representatives from Registrar of Contractors; some auto experts; family law attorneys and general consumer attorneys.
It's one-on-one expert/consumers sitting across from each other for about 10 minutes.
July 2023
Channel 15 tonight staffing a phone bank
Tracy will be at Channel 15 tonight staffing a phone bank which starts at 5 p.m. and ends at 7 p.m.. During that time, viewers call in with legal questions related to the chosen topic. Attorneys will advise callers that this is not a full representation commitment and attorneys may not be able to answer all of the concerns presented by the caller. At times, off topic questions come in and the attorney may refer the caller back to the State Bar for further assistance. Please keep in mind that the phones keep ringing and the goal is help as many people as they can within that 2 hour window. Channel 15 will post the call in telephone number during that time. It will be listed on the banner at the bottom of the television screen.
June 2023
Judge Gerald Williams (North Valley) Maricopa County Justice Cout is out with another court column for the Glendale Star. This time it’s on evictions and how tenants should react upon learning there’s a case against them. Access the online paper then flip forward to page 13 to read it yourself.
May 2023
The Maricopa County Justice Courts helped greatly at the Veterans StandDown. Their staff helped 22 veterans clear out 30 court cases, waived over $13,000 in fines and fees, and changed lives.
April 2023
Veterans StandDown
Veterans StandDown on Friday, April 28 at the Arizona State Fairgrounds. Law Day Legal Aid Clinic on Saturday, April 29.
On Saturday, April 29th, from 11:00 a.m. to 1:00 p.m., the State Bar of Arizona Public Service Center and volunteer attorneys will provide free consultations on a variety of legal topics, including family law, employment law and landlord/tenant rights. The clinic will be held virtually via Zoom so you can participate no matter where in Arizona you live. Registration details will be provided as the event nears. Please visit the State Bar of Arizona website for details.
The Veterans StandDown 2023 will be held on April 28, 2023 from 8:00am to 4:00pm at the Arizona State Fairgrounds, 1826 W. McDowell Road, Phoenix, AZ 85007. Free legal consultations will be provided to veterans in the areas of: Family Law, Landlord/Tenant, Bankruptcy, Estate Planning, Immigration and Discharge Upgrades. Now through March 17, organizers will take requests for legal assistance via the telephone. Once the request is received, it will be forwarded to the State Bar who will assign an attorney volunteer to the request. The attorney will have 5 days to contact the veteran by phone. Visit the 2023 Maricopa County StandDown website for more information.
March 2023
If you are renting is is important to know and understand the details and defined terms in your lease. To overlook the details could be costly to you.
In a full service/gross lease office, CAM and operating expense increases should have an annual cap. Tenants should avoid the responsibility of having improvements included in building operating expense increases.
If free rent is offered, confirm that not only base rental is free, but rental tax, parking, signage and other items that you are charged for on an annual and/or monthly basis are charged are free of charge.
If the Landlord requests a personal guarantee from you ask that it be waived or that it becomes void at 12 or 24 months.
Landlords may provide a dollar amount for upgrading and modernizing a vacancy. But there can be overages that a tenant will be invoiced for if construction cost run over the Landlord's allowance. Requesting turn key upgrades means the Landlord pays for upgrade costs and provides the keys when the office is move in ready. Turn key avoids unexpected cost and risk for the Renter.
Should you want a lease renewal you may consider negotiating for new flooring if worn or fresh paint. Upgrades can be requested at Landlord's expense. A construction schedule itemizing the contractor dates should be included in renewal terms. The Landlord's contractor should be responsible for moving back all furniture, electronics, (you may want your IT staff to handle the computers and related equipment) miscellaneous and cleaning the office/space when the upgrades are completed.
Landlord Tenant Assistance through the Justice Courts
Not one, but there are TWO virtual sessions next week to help the public understand the eviction process.
On Tuesday the State Bar of Arizona hosts a legal clinic for people needing help with landlord/tenant issues. Anyone wanting legal assistance needs to register in advance by emailing FindALawyer@staff.azbar.org or by phone at 602-340-7293.
Then on Wednesday, Community Legal Services and Maricopa County’s Human Services division team up for a discussion about the eviction process. No registration necessary. Call CLS at 602-385-8880 for details.
Next month the City of Phoenix holds a landlord-tenant workshop. This one also requires registration. More information can be found here.
February 2023
The following is important information provided by the Arizona Department of Revenue:
What should I know before hiring a tax preparer?
Ask what kind of formal training the preparer has and how current it is.
Ask how long the preparer has been doing tax returns.
Check their reviews and history to gather information on their performance and business practices. For CPAs, check with the State Board of Accountancy. For attorneys, check with the State Bar Association.
Inquire about costs and service fees. Avoid preparers who base fees on a percentage of their client’s refund and be cautious of preparers that boast about delivering bigger refunds.
Select a tax preparer that is available year-round. If you have questions about the return, you can contact the tax preparer after tax season.
Ask the preparer to explain how the return was prepared in the event of an examination by ADOR or the IRS.
Direct any refund to your bank account, not the preparer’s bank account.
Taxpayer responsibilities:
Ensure the tax preparer provides you with a copy of the entire return, including copies of all schedules, especially itemized deductions or credits.
Confirm you understand your return and ask to explain any deductions, credits, and wages claimed.
Ask the preparer to sign the return and list their preparer tax identification number (PTIN).
Review the tax return before signing and submitting to ensure numbers are correct, and schedules add up to the tax preparer's source documents.
Request that the preparer electronically file your return for a quicker, more accurate return. Paid preparers who do taxes for more than 10 clients must file electronically.
For more information on hiring a tax preparer, visit: https://azdor.gov/e-services/selecting-tax-preparer.
Tracy became a board member of Community Legal Services. Congratulations!
Be aware of tax scams, especially during tax season. Common scams are: Government officials do not use links in text messages; they do not request that tax payments be made via gift cards; and they do not threaten to revoke your drivers license.
January 2023
The next Pro Bono Day “PBD” is scheduled for February 8, 2023 from 2:00pm to 5:00pm at Mesa and Peoria Modern Law locations. This is an opportunity to meet with an attorney for no charge and receive advice on your legal issue. The attorneys are family law attorneys. Visit their website for more information.
2022
December 2022
The Pros and Cons of Proposition 209
Pros:
1) Arizona debt collection laws place limits on how debt can be collected. Exemptions are in place for a homestead, household goods, a vehicle, a bank account, earnings, up to a specified amount. Proposition 209 would increase the amount of those exemptions and adjust exemptions for inflation in the future – meaning on January 1 of each year commencing in 2024, each exemption amount will be calculated by measuring the percentage increase of the consumer price index from the previous year.
· Homes from $250,000 to $400,000
· Vehicles from $6,000 to $15,000
· Household goods from $6,000 to $15,000
· Bank accounts from $300 to $5,000
· Earnings that can be garnished from 25% to 10%
2) It would also lower the maximum interest rate on medical debt from 10% to 3% annually.
3) It will directly impact homeowners associations and planned communities. An HOA will be limited in its ability to garnish a delinquent owners’ earnings or bank accounts.
Pro for an individual
1) This will help prevent people from going into bankruptcy because of medical debt.
2) People shouldn’t lose their home or vehicle because of predatory debt.
3) The amounts of asset exemption and wage garnishment are changed.
Cons:
1) It will limit the ability of Arizona residents to obtain credit and dramatically increase our interest rates.
2) It covers all debt, not just medical debt, potentially making it harder for low income people to get home and car loans.
3) It could cause creditors to charge more to make up for lost revenue.
4) It doesn’t address the high cost of medical care.
October 2022
Let Joe Know
Let Joe Know will be at the Tempe Marketplace Tuesday October 18th from 5 to 7 pm. Present will be:
2 ATTYS providing assistance in the areas of construction/remodel - consumers who had poor work done or new construction issues-deposits etc.
6 ATTYS providing general consumer assistance which could be lemon law, debt relief, bankruptcy, questions about “do I have a lawsuit, what do I need to prove etc...”
3 ATTYS providing assistance in the areas of family law-child support, divorce etc...
The attorneys will be sitting across from the consumers. The State Bar of Arizona has a number system and call individuals up to speak with an attorney one by one.
There will also be experts in rental assistance, landlord/tenant, car repair/purchase and some other areas.
September 2022
Topic One:
The new legal rate of interest in Arizona is 7.25%.
https://www.federalreserve.gov/releases/h15/
Topic Two:
2022 Glendale Stand Up
The 2022 Glendale Stand Up will be held tomorrow from 8:00 am to 1:00 pm. At 8 a.m. veterans or members of their families will begin making the rounds. As they come to the legal clinic area, the State Bar staff members will greet them and guide them toward a volunteer attorney in the appropriate practice area. Attorneys will provide the veteran a free consultation. While there is no time limit, these generally run 20 to 30 minutes.
Where:
Arizona Christian College
1 W. Firestorm Way
Glendale, AZ 85306
(Southwest corner of 57th Ave and Greenway
April 2022
Law Day Legal Aid Clinic - Virtual
On Saturday, April 30th, from 11:00 a.m. to 1:00 p.m., the State Bar of Arizona Public Service Center and volunteer attorneys will provide free consultations on a variety of legal topics, including family law, employment law and landlord/tenant rights. The clinic will be held virtually via Zoom so you can participate no matter where in Arizona you live. Registration details will be provided as the event nears. Please visit the State Bar of Arizona website for details.
March 2022
The Veterans StandDown 2022
The Veterans StandDown 2022 will be held on March 17, 2022 from 8:00am to 4:00pm at the Arizona State Fairgrounds, 1826 W. McDowell Road, Phoenix, AZ 85007. Free legal consultations will be provided to veterans in the areas of: Family Law, Landlord/Tenant, Bankruptcy, Estate Planning, Immigration and Discharge Upgrades. Now through March 17, organizers will take requests for legal assistance via the telephone. Once the request is received, it will be forwarded to the State Bar who will assign an attorney volunteer to the request. The attorney will have 5 days to contact the veteran by phone. Visit the 2022 Maricopa County StandDown website for more information.
February 2022
Be mindful of data breaches and you may wish to check your credit score/credit report. There are services who provide your credit report and scores. Federal law gives you the right to get a free copy of your credit report every year.
January 2022
Be aware of SCAMS on social media.
People will post to Instagram, Facebook, Twitter, or other social media sites promising you can make money with minimal effort. You are requested to contact the person who made the post on the site to find out how. You will be asked to load a prepaid debit card with money and then share the card number and PIN with them. Once the information is provided the person who made the post will drain the card of its funds and disappear.
2021
December 2021
5G is coming. Many changes will be occurring. The technology has the ability to gather networks to a common ground. It will be more effective by the possibility of providing uninterrupted internet service across countries. Education may become easier by having students throughout the world attend virtual classes; Governments may be able monitor activities throughout the various countries; astronomers may to see planets not previously seen; natural disasters (ie. earthquakes, etc.) may be detected sooner. But, 5G comes at a cost: i.e.. battery drain on devices (iPad, telephones, etc.), possible limited internet access in some rural areas and other potential issues.
You may want to check with your vehicle dealer to ensure Bluetooth, maps, and/or music/talk radio providers will work with current software. Security systems/cameras may need to be upgraded.
October 2021
Glendale Stand Up for Veterans
Glendale Stand Up for Veterans takes place Saturday, October 9, 2021. This is an opportunity for former members of the military and their families to receive a host of services including help with legal issues. The event will offer free legal consultations for veterans in the areas of: Family law, Employment, Landlord/Tenant, Estate Planning, Bankruptcy, Immigration and Criminal. There will be in person assistance. Volunteers and Veterans will be required to wear a mask during consultations and there will be social distancing. The location is: Arizona Christian University 1 West Firestorm Way, Glendale, Arizona 85306 and takes place from 8:00am to 2:00pm. There will also be Virtual assistance the following week. On line registration can be done at glendalestandup.org
September 2021
Topic One:
If you are a renter having trouble paying your rent or a landlord who has lost rental income due to challenges presented by the COVID-19 pandemic, help may be available. Through funding from the U.S. Department of the Treasury’s Emergency Rental Assistance (ERA) program, there are a wide variety of state and local programs that offer assistance—including financial assistance—to those who are struggling to make ends meet.
Provided below are links to learn more about ERA programs in your local area, including how they work and who is eligible, as well as other important information to help you navigate these difficult times. ERA programs can vary based on locale since flexibility is given to states to develop programs that best suit the needs of their communities.
For more general information on assistance programs, visit: https://www.consumerfinance.gov/coronavirus/mortgage-and-housing- assistance/
For ERA program links in your local area, visit: https://www.consumerfinance.gov/coronavirus/mortgage-and-housing- assistance/renter-protections/find-help-with-rent-and-utilities/
To get answers to frequently asked questions, visit: For Renters: https://www.consumerfinance.gov/coronavirus/mortgage-and- housing-assistance/renter-protections/emergency-rental-assistance-for-renters/
For Landlords: https://www.consumerfinance.gov/coronavirus/mortgage-and- housing-assistance/help-for-landlords/
To talk with a no-cost Department of Housing and Urban Development-approved housing counselor who can help you understand your options, make an action plan, and even help you apply for rental assistance, call (800) 569-4287 or visit https://www.consumerfinance.gov/find-a-housing-counselor
Topic Two:
2021 Law Day Legal Aid Clinic - Virtual Consultations
FREE Legal Help from State Bar of Arizona Members Volunteer lawyers will help answer your legal questions on Saturday, May 1 in celebration of Law Day at our Annual Law Day Legal Aid Clinic.
Sit with a licensed lawyer for a FREE 20-minute virtual consultation. You can request an appointment in the following practice areas:
Divorce and Child Support (Family Law)
Bankruptcy and Foreclosure
Landlord and Tenant
Wills and Trusts
Employment
Immigration
When: Saturday, May 1, 2021 Time:9 a.m. to 1 p.m. You will receive your appointment time upon registering.
How: The virtual legal consultations are free of charge. Registration is required and appointments are on a first-come, first-serve basis until capacity is reached.
Consultations will be conducted via Zoom. You will need access to a mobile device or computer for your consultation.
Register by calling Fabi Perez at 602.340.7293, Monday through Friday from 8:30 a.m. to 5 p.m.
ARIZONA DEPARTMENT OF REVENUE
2025
February 2025
ADOR is accepting individual income tax returns for tax year 2024. Taxpayers have until Tuesday, April 15, 2025 to file their 2024 tax return or file for an extension. ADOR suggests to ensure all lines and forms are completed properly. Identify and correct math errors; double check that all information and documentation are correct; Make sure all income, withholding and payments are reported accurately. Ensure the correct spelling of names, tax ID, social security number, routing and account numbers. Make sure to sign and date the return and do not staple anything to the return.
Individuals who meet certain criteria can receive assistance with income tax filing. Check the ADOR website for free file partners.
January 2025
An estimated 1.14 million Arizonans will have the option to file their taxes through Direct File this upcoming tax season, and now a new tool is available to verify eligibility. The program is expanding to include more tax types, deductions, and credits. Direct File is easy to use, seamless and free for eligible taxpayers.
Taxpayers interested in learning if they are eligible to use Direct File during the 2025 tax filing season can use the newly-launched IRS Eligibility Tracker, which is available at directfile.irs.gov. The tool allows users to verify whether Direct File will be an option for them based on their individual tax circumstances.
Now is the time to start preparing for the 2025 tax season
Taxpayers planning to file taxes through Direct File can set up an ID.me account with the IRS. ID.me provides authentication and identity verification for taxpayers and tax professionals accessing online IRS Tools.
Direct File does not replace existing tax filing services, but is another option for eligible taxpayers who choose to use it based on their own tax circumstances
2024
December 2024
Topic One:
The Arizona Department of Revenue (ADOR) announces the elimination of transaction privilege tax (TPT) applicable to the rental of real estate for residential purposes (residential rental) as of January 1, 2025. A.R.S. § 42-6004 (H) was amended to exempt residential rental TPT from being levied. Residential rental TPT is reported and collected under business code 045 for long-term lodging stays of 30 days or more.
Next Steps for Property Owners
Owners should continue to collect, file, and pay residential rental TPT for periods through December 31, 2024, filed in January 2025. For periods beginning January 1, 2025 and thereafter, individuals should discontinue collecting residential rental TPT.
TPT licenses that only have residential rental (business code 045) on their account have been automatically canceled effective January 1, 2025. However, property owners are still able to file for periods prior to January 1, 2025. The TPT license (residential rental only) will not be renewed for the 2025 calendar year. If the business has other business activity on the same license, instead the residential rental location will be closed. No further action or steps need to be taken to cancel the license or close the location.
Be aware that cancelation of your license will not exempt you from any liabilities related to periods before January 1, 2025. If liabilities are unpaid, enforcement actions may be taken against you. For businesses that cannot afford to pay their tax liability in full, ADOR offers options to help make payments through Collections.
An estimated 1.14 million Arizonans will have the option to file their taxes through Direct File this upcoming tax season, and now a new tool is available to verify eligibility. The program is expanding to include more tax types, deductions, and credits. Direct File is easy to use, seamless and free for eligible taxpayers.
Taxpayers interested in learning if they are eligible to use Direct File during the 2025 tax filing season can use the newly-launched IRS Eligibility Tracker, which is available at directfile.irs.gov. The tool allows users to verify whether Direct File will be an option for them based on their individual tax circumstances.
Topic Two:
Now is the time to start preparing for the 2025 tax season
Taxpayers planning to file taxes through Direct File can set up an ID.me account with the IRS. ID.me provides authentication and identity verification for taxpayers and tax professionals accessing online IRS Tools.
Direct File does not replace existing tax filing services, but is another option for eligible taxpayers who choose to use it based on their own tax circumstances
The Arizona Department of Revenue (ADOR) reminds businesses they are required to renew their transaction privilege tax (TPT) license before January 1, 2025 to continue conducting business in Arizona.
Penalties will be assessed for all renewals after January 31. Unrenewed licenses will not be canceled and will be billed for renewal fees and penalties.
Taxpayers should file, pay, and renew online through AZTaxes.gov for easier renewals and faster processing. State law requires taxpayers with multiple business locations to renew their TPT license electronically.
November 2024
November means the beginning of the Arizona Transaction Privilege Tax (TPT) License renewals season for businesses. The Arizona Department of Revenue (ADOR) is opening up TPT License Renewal season
October 2024
ADOR is preparing for the upcoming 2025 Arizona Transaction Privilege Tax (TPT) License renewal season.
Businesses will start to receive notifications to renew their license by January 1. Penalties may apply to renewals received after January 31. Please note that a Renewal Form will only be sent to paper filers. For e-filers, an email and/or letter will be sent and a notice will be displayed on AZTaxes.gov as a reminder. Businesses enrolled on AZTaxes.gov are encouraged to update and verify their account information before completing the renewal process to prevent unnecessary fees and penalties. The option to electronically renew your license will be available soon.
If a business has completely closed, the TPT license must be canceled. If a company has multiple locations and one or more locations have shut down, the individual location on the license must be closed. Licenses that are not renewed will not be canceled but will be automatically renewed and assessed applicable fees and penalties.
ADOR recommends that taxpayers enroll now on the AZTaxes.gov website for easier renewals and faster processing. State law requires taxpayers with multiple business locations to renew their TPT licenses electronically.
Out-of-state businesses without a physical presence in Arizona must renew their licenses if they have more than $100,000 in sales to Arizona customers in the current calendar year.
Marijuana excise tax licenses are not required to renew, but marijuana TPT licenses must renew each year.
Please Note: The Department is not renewing licenses for taxpayers that are only registered and file returns for residential rental, business code 045. This change will be effective on December 31, 2024, as a result of a change to the Arizona tax law, starting January 1, 2025. (Laws 2023, Chapter 204 and A.R.S. § 42-6004 (H)).
September 2024
Effective September 14, 2024, persons under the age of 19 may operate a business without a transaction privilege tax (TPT) license if that business does not generate more than $10,000 in gross income in a calendar year. See Arizona Revised Statutes (A.R.S.) § 42-5045.
Additionally, persons under the age of 19 and who operate a business occasionally, are not required to have any type of license or permit for business for city and county purposes. Please reach out directly to the relevant city or county with business license or permit questions.
If a person under the age of 19 is currently operating a business with a TPT license (with an adult included on the license) and the business does not generate more than $10,000 in gross sales per year, then the license may be canceled after September 14, 2024 with the effective periods starting October 1, 2024. Please ensure that returns are filed based on the filing frequency assigned at the time of registration. If a filing is missed or a final return is not filed prior to cancellation of the TPT license, then penalties and interest may accrue.
July 2024
The Arizona Department of Revenue’s (ADOR) Unclaimed Property program returned a record $88 million to rightful owners in fiscal year 2024 (July 1, 2023 to June 30, 2024), significantly higher than the recent 5-year average of $57 million per year. Amounts given back to owners ranged from $1.0 to $1.5 million.
“ADOR’s Unclaimed Property team is dedicated to their mission of reuniting owners with their property and their incredible efforts have resulted in an all-time record amount of property returned this last fiscal year,” said Rebecca Wilder, Communications Director for the Arizona Department of Revenue. “We’d like to ask for the public’s help to return even more. ADOR encourages everyone to search their name at https://azdor.gov/unclaimed-property or MissingMoney.com, and to search every few years in the event any property has been reported.”
April 2024
Topic One:
National Small Business Week is April 28-May 4 and the Arizona Department of Revenue (ADOR) is encouraging small business owners to take some time and look for any unclaimed property that may belong to their business.
Topic Two:
Looking for Unclaimed Property is easy. Business owners can simply visit azdor.gov/unclaimed-property, enter their business name, and see if ADOR is holding any property in the business’ name. While they’re at it, they can go ahead and search their own name for any personal property that may be unclaimed, and let their employees know that they can search too.
March 2024
The Arizona Department of Revenue (ADOR) is announcing that the much-anticipated Direct File tool — and Arizona’s integrated state filing tool, FileYourStateTaxes — will be officially available for all eligible taxpayers to file their tax returns electronically for free starting March 12, 2024. This historic new program will allow eligible taxpayers to file their federal and state returns seamlessly and for free. Those taxpayers who received the Arizona Families Tax Rebate in 2023 will not be eligible to use Direct File this year, as the tool will not support the 1099-MISC required to report the income on federal returns. The IRS has determined that the rebate is subject to federal income tax and must be reported on a federal return.
January 2024
The Arizona Department of Revenue (ADOR) is now accepting individual income tax returns for tax year 2023 marking the beginning of Arizona's 2024 electronic tax season
2023
December 2023
In an effort to reduce errors and streamline the process of renewing a Transaction Privilege Tax (TPT) License, Arizona Department of Revenue (ADOR) encourages taxpayers to check out these tips. Renewals are due January 1 and penalties will be assessed for all renewals after January 31.
Before Renewing
Enroll, file, and pay online via the AZTaxes.gov website for smooth renewals and quick processing. State law requires taxpayers with multiple business locations to renew their TPT license electronically.
Establishing the primary and delegate user access privileges is essential to having access to update and renew the TPT license. See AZTaxes User Access for more information on primary and delegate users
October 2023
Topic One:
All registered AZTaxes.gov business users will see a new login screen.
AZTaxes users will now notice a new login screen method. To keep your access and information secure, we are updating our login options to support AZTaxes and eAZ logins. Registered users will be asked to enter their email address before clicking “Next” to be taken to a page to enter their login credentials.
The split allows the system to determine if the user is an AZTaxes user or eAZ (Business One Stop) user. Additionally, this process assists in identifying if your username is correct before moving on to the password.
In the spirit of continuous improvement, Business One Stop users will now have the ability to link their Business One Stop accounts with their AZTaxes.gov accounts. If a Business One Stop user attempts to log in through AZTaxes.gov, they will be redirected to the eAZ login page if their accounts are linked.
Topic Two:
The Arizona Department of Revenue (ADOR) is preparing for the upcoming 2024 Arizona Transaction Privilege Tax (TPT) License renewal season.
Businesses will start to receive notifications in November to renew their license by January 1. Penalties may apply to renewals received after January 31.
Please note that a Renewal Form will only be sent to paper filers. For e-filers, a letter will be sent and a notice will be displayed on AZTaxes.gov as a reminder.
ADOR advises taxpayers to register on the AZTaxes.gov website to expedite renewal processing. State law requires taxpayers with multiple business locations to renew their TPT licenses electronically. The option to electronically renew your license will be available in November.
Businesses currently enrolled on AZTaxes.gov are encouraged to update and verify their account information before completing the renewal process to prevent unnecessary fees and penalties. AZTaxes.gov enables registered companies to update their accounts at any time by doing the following:
Change the mailing address.
Add, edit, and close locations.
Cancel or close an existing TPT license.
Make changes to the “Doing Business As” (DBA) name.
Add new reporting jurisdictions or business codes.
If a business has completely closed, the TPT license must be canceled. If a company has multiple locations and one or more locations have shut down, the individual location on the license must be closed. Licenses that are not renewed will not be canceled but will be automatically renewed and assessed applicable fees and penalties.
Please note that businesses must keep their owner/office information current. Businesses can submit these changes on the Business Account Update Form 10193.
Remote sellers and marketplace facilitators must also renew their TPT licenses if they have more than $100,000 in sales to Arizona customers in the current calendar year.
Marijuana excise tax licenses are not required to renew, but marijuana TPT licenses must renew each year.
Topic Three:
The Arizona Department of Revenue (ADOR) and Code for America today announced a landmark partnership giving eligible Arizona individual taxpayers a new way to e-file their taxes for free in 2024. Arizona is one of a small handful of states participating in the pilot of the IRS Direct File program, which gives taxpayers an option to e-file their federal tax returns directly for the first time in US history.
While the IRS Direct File program is for federal returns only, Arizona has chosen to join the pilot program, by providing a service that integrates state tax filing with IRS Direct File, a major step in creating a seamless federal-state system.
The Arizona filing software is being built by Code for America, a civic tech nonprofit that works with community leaders and governments to build equitable, accessible digital tools and services. Eligible Arizona taxpayers will be able to use this platform for the 2024 tax season.
With this pilot program, once eligible taxpayers have finished their federal returns using Direct File, they can opt to e-file their state tax return through the platform developed by Code for America and ADOR. Eligibility to participate in the Direct File pilot will be limited to filers reporting only certain types of income and claiming limited credits and deductions.
Topic Four:
Governor Hobbs recently signed Senate Bill 1734 approving Arizona Families Tax Rebate to Arizona residents who meet the requirements.
If you are an Arizona resident, you meet the criteria if you:
Filed an Arizona full-year resident personal income tax return for tax year 2021;
Claimed at least one dependent tax credit on your tax year 2021 return;
Filed your 2021 tax year Arizona personal income tax return as the only taxpayer on your single, married filing separate, or Head of Household return, or as the primary or first-listed taxpayer, if you filed a married filing jointly return; and
Had at least $1 in Arizona personal income tax liability in tax year 2021, 2020, or 2019.
July 2023
Department provides an electronic listing of qualified exempt contractors to each city and town on August 1.
An Annual Bond Exemption provides documentation for city building authorities that contractors have met the bonding requirements under A.R.S. 42-5007 for modification projects valued at $50,000 or more. The qualifications for the Annual Bond Exemption List are the following:
The start date of the transaction privilege license must be at least one year before the current date.
Cannot have more than two delinquencies in the past 12 consecutive months.
No more than $500 in tax liabilities are currently due.
The mailing or physical address must be an Arizona address.
A minimum of $10 was paid in tax liability for the past 12 consecutive months.
To avoid being disqualified from the Annual Bond Exemption List, it is highly recommended that you file and pay your June period at the same time.
June 2023
Topic One:
Scam artists continually alter their tactics to steal sensitive information? Take these steps to protect your identity by viewing the information on ADOR’s website.
Topic Two:
The Native American Veterans Income Tax Settlement Fund was established. The Department of Veterans’ Service stopped accepting claims, but ADOR will grant refunds until June 30, 2023. For more detailed information, see the dedicated page on ADOR’s website.
May 2023
ADOR published a dedicated web page to help military members and spouses filing taxes in Arizona. You can view the information on ADOR’s website.
April 2023
A person in charge of a deceased person’s estate is responsible for the filing of the tax return. A surviving spouse may file a joint individual income tax return. if the deceased spouse passed away during the tax year and the surviving spouse did not remarry during the tax year. The person who files the return should use the individual income tax form the deceased taxpayer would have used if they were alive. The person who files the return should print the word “deceased” after the decedent’s name and enter the date of death after the decedent’s name. See your tax preparer or the ADOR’s website for more and specific information in this area.
March 2023
Free File. Taxpayers may qualify to file for free through the Free File Alliance. About 70 percent of taxpayers are eligible for this service.
February 2023
Topic One:
The Arizona Free File Alliance is open to taxpayers? See if you qualify by visiting: bit.ly/2kaHqGE https://t.co/SsmWVwegcw Through the Free File Alliance program, taxpayers can choose from multiple free file offerings to prepare and file returns electronically. To prevent any unexpected charges for the state return, only access free options directly from: http://azdor.gov/e-file-services.
Remember to file your short-term rental taxes (stays less than 30 days).
For tax year 2022, the standard deduction amounts for individual income tax returns will increase to: $12,950 single/married filing separate, $19,400 head of household, $25,900 married filing joint.
Topic Two:
ADOR had some erroneous notices that went out to taxpayers that made the small business income election for last tax year. Please be advised that the Department is working to resolve the issue as soon as possible. This matter only impacts those who filed a tax due small business income return. If the taxpayer has an overpayment individual income tax return that is larger than the tax due small business income return, the overpayment will offset the balance due and will generate a refund to the taxpayer. The Department requests to please disregard the recent tax billing notice. The Department will be placing a stop on tax due billings for small business income. Refunds will continue to be processed and sent. For further questions, please visit ADOR’s website at azdor.gov or call Customer Care at (602) 255-3381
January 2023
Renting out a residential property for #AZSuperBowl? Learn if you are required to obtain a TPT license: bit.ly/2IIM8FL
The Arizona Withholding Election form A4 revision is effective January 31, 2023. It will reflect Arizona’s lower individual income rates.
ADOR does not text taxpayers about refunds or specific taxpayer information. They only text general mass notifications.
To legally host a #bingo event in Arizona, an organization must be licensed by the Arizona Department of Revenue (ADOR). Additionally, there are specific bingo rules that have to be followed when conducting a bingo game. Visit bit.ly/BingoinAZ for more information.
2022
December 2022
The Arizona Department of Revenue cautions taxpayers to be aware and don’t get haunted by “ghost” prepared returns any time of the year.
A ghost preparer is someone who is paid to prepare a tax return, but does not sign it or include other necessary information to identify themselves. ADOR warns taxpayers that if a preparer won't state their name on the tax return, it could be a possible scam. By not providing the required information, it will appear that the return was self-prepared, which benefits the ghost tax preparer by staying under the radar. A ghost preparer may promise a larger refund and charge fees based on a percentage of the refund, which is prohibited. It is also a red flag potentially indicating a frightening array of problems.
The preparer may ask the client to pay them in cash or not provide a receipt for services. They may file the return without your consent or alter the return after providing a completed copy. Often, they will use incorrect information to generate a larger refund, claiming false dependents, false expenses, deductions, credits, etc. Even worse, the ghost preparer may divert your funds into their bank account and then disappear.
By law, anyone who prepares or assists in preparing federal and state tax returns for compensation must have a valid 2022 Preparer Tax Identification Number (PTIN)(link is external) and renew(link is external) their PTIN with the IRS for 2023. Paid tax preparers are required to sign and include their PTIN on the paper tax returns they prepare. For electronically filed returns, the preparer must list their name and PTIN and sign electronically.
The Department of Revenue advises taxpayers that it is important to ask questions and carefully review their tax returns. Ultimately, the taxpayer is responsible for what is filed, regardless of who prepared the return.
Tips for taxpayers:
Verify that the preparer has signed the return and include their PTIN before you sign it.
Check if the preparer is available year-round to explain how the return was prepared in the event of an examination.
Confirm any additional costs for service prior to preparation.
Ask any questions before signing and filing. Ask the preparer to explain deductions, credits, and wages claimed.
Ensure the tax preparer provides you with a copy of the entire return, including schedules, if there are itemized deductions or credits.
Carefully review the tax return before submitting, ensure numbers are correct, and schedules add up to source documents.
November 2022
Phoenix, AZ—Arizona's Individual Income Tax Withholding Form (Arizona Form A-4) has been updated to reflect Arizona's lower individual income tax rates. Every Arizona employer is required to make this form available to its Arizona employees by January 31, 2023. The new A-4 form has seven new withholding election rate boxes while retaining both the zero withholding rate option and the line for additional Arizona withholding. If an employee fails to fill out the new A-4 form, the default rate will be 2.0%. Do not send these withholding forms to the Department, they should be kept by the employer and the employee with their tax records.
October 2022
Renewal season is coming and businesses should submit any necessary updates before November to ensure their account is in good standing for a smooth renewal process.
On AZTaxes.gov, taxpayers can do the following:
Change their mailing address on corporate, withholding, and transaction privilege and use tax licenses
Add, edit, and/or close locations for TPT licenses.
Cancel or close an existing TPT license or single location on a TPT license.
Close an account for withholding or TPT licenses.
Make changes to a “Doing Business As” (DBA) name or the business mailing address.
Add a new reporting jurisdiction, business code, or business or rental location.
AZTaxes.gov enables registered businesses to update their accounts, but they must have an e-signature PIN to make changes.
September 2022
Topic One:
Are you ready for the Arizona Super Bowl? Are you renting your home? Residential rental may be subject to transaction privilege tax. If you have questions about filing and paying in Arizona can turn to dedicated ADOR resources: bit.ly/2IIM8FL #TaxTips
Topic Two:
Planning to be a vendor at the Arizona State fair? Make sure you know your tax and licensing obligations ahead of time! We can help you report and pay taxes. Learn more: https://azdor.gov/transaction-privilege-tax/license-compliance-program
August 2022
Topic One:
ADOR does not call to demand immediate payment; nor will they call about taxes owed without first having mailed an official notice. The Department will never use text messages or any social media to discuss your personal tax issue or to locate the owners of unclaimed property
If you think you are the victim of tax-related ID theft, you should notify the ADOR ID Theft Call Center at (602) 716-6300 or out of state 1-844-817-9691.
Topic Two:
Please do not use permanent markers when completing tax returns.
Topic Three:
The TPT tax tables are updated monthly by the Department. Businesses are not required to log in to their AZTaxes account to make a TPT credit or debit card payment. Make a payment as a Guest using the Quick Links menu on the AZTaxes homepage. Only registered business users can make an e-check payment.
June 2022
ADOR advises that third-party websites offering the ability to make on-line payments of your tax liability result in the money not being delivered to ADOR. Although it may appear that the website is affiliated with ADOR it is not. On-line payments are to be made through ADOR’s official payment website AZtaxes.gov. For card payments AZtaxes will redirect to Point and Pay which is an approved payment card service p0rovider.
May 2022
Topic One:
The Native American Veteran Income Tax Settlement refund may be claimed for years 1977 through 2005 on a first-served basis until the fund is exhausted. For more detailed information, see the Native American Veteran Income Tax Settle page on the ADOR website.
Topic Two:
An issue has been identified with the 1st quarter 2022 withholding returns that were filed electronically. Many taxpayers received refunds due to an internal error. The agency has identified all impacted taxpayers and will be sending them a letter.
Topic Three:
ADOR will be sending renewal billing letters to businesses with overdue renewal fees. Renewals were due on January 1, 2022. Taxpayers no longer have the ability to renew on AZTaxes.gov, but can still pay the liability. Prompt compliance online can save both time and money. Taxpayers who have closed their business can cancel their existing TPT license through AZTaxes.gov or submit a Business Account Update Form with a cancel effective date. This will ensure your account remains in good standing and avoids additional penalties and interest.
With the Arizona Supreme Court’s invalidation of the two-tiered Pinal County transportation tax on March 8, 2022, ADOR is aware that taxpayers have questions about what actions they should take to seek a refund of monies paid since April 1, 2018, here are a few details on ADOR’S plan:
Taxpayers will be able to submit electronic requests for monies paid toward the invalidated tax while it was in effect (i.e., April 2018 through March 2022 TPT filing periods). The requests will allow taxpayers to indicate whether they wish to opt in or opt out of receiving these monies.
ADOR will process electronic requests for the invalidated tax entirely separately from standard TPT refund requests. As such, to avoid delays and errors in handling, please do not attempt to submit requests for the invalidated tax using such methods.
Taxpayers will be able to request all monies that they paid in since the April 1, 2018 effective date of the invalidated tax. Under current law, ADOR anticipates that taxpayers will have until April 9, 2026 to timely submit their electronic requests.
Taxpayers should not attempt to amend their filings for these periods to self-correct for reporting and paying the invalidated tax. Such actions will likely result in unanticipated and unwanted consequences for both ADOR and taxpayers.
April 2022
1) By law, ADOR must offset any refunds to certain government agencies that have a claim against you. If you received a letter informing you of the offset, please contact the agency listed in the letter.
2) Beginning April 1, the Arizona Department of Revenue (ADOR) will be sending renewal billing letters to businesses with overdue renewal fees. Renewals were due on January 1, 2022.
Taxpayers will no longer have the ability to renew on AZTaxes.gov, but can still pay the liability. Prompt compliance online can save both time and money.
Taxpayers who have closed their business can cancel their existing TPT license through AZTaxes.gov or submit a Business Account Update form with a cancel effective date. This will ensure your account remains in good standing and avoids additional penalties and interest.
3) To notify ADOR of a new mailing address after filing an individual income tax return, complete and submit an Arizona Form 822 Change of Address Form with the updated address information.
If a joint return was filed and the individuals reside together, both should provide their names, social security numbers, and signatures on the form or statement.
If the individuals live at different addresses, each person should notify ADOR of their new, separate address.
Registered businesses can update their mailing address and location information for corporate, withholding, and transaction privilege and use tax accounts through AZTaxes.gov. The system validates the format before allowing the business to submit the changes.
To update records, log into AZTaxes.gov and click "Accounts" and "Account Update.”
Verify the changes by signing with the established e-signature PIN set up during registration.
New business locations can anticipate a new copy of their licenses within three to five business days of processing.
For businesses with one location and not registered in AZTaxes.gov, please update the address by filing a Business Account Update form.
March 2022
Starting March 21 ADOR will offer extended hours to assist individual taxpayer filers. Expanded hours are Weekdays 7:00am to 7:00pm Monday through Friday; Saturday, April 2, 9 and 16 - 8:00am to noon; Sunday, April, April 17 - 8:00am to noon. The Call center telephone number: (602) 255-3381. Toll free telephone number for area codes 520. 928 and international: (800) 352-4090
ADOR presents a variety of free filing services for taxpayers this tax filing season.
AARP Foundation Tax-Aide – If a taxpayer is 50 and older and cannot afford a tax preparation service to file federal and Arizona returns, they can obtain assistance at www.aarp.org/money/taxes/aarp_taxaide.
Free File Alliance – Individuals with a federal adjusted gross income in 2021 of $73,000 or less may qualify to receive free e-file preparation from a certified software vendor. Through the Free File Alliance, a taxpayer’s 2021 federal and state income tax returns can be filed at no cost to them. Visit ADOR’s Free Electronic Filing page for vendors.
To ensure no fee is charged, taxpayers must go to the Department’s website to complete the return. This saves on preparation fees, prevents costly errors, and ensures that the taxpayer receives any refund directly in the most efficient way possible.
Nearly 88,000 Arizona taxpayers used the Free File software last year, saving themselves approximately $9.6 million.
Volunteer Income Tax Assistance (VITA) – Taxpayers who made $58,000 or less, have disabilities, or limited English-speaking ability, can acquire free preparation of their tax returns from VITA.
211 Information: For taxpayers who are elderly, disabled, or low income, visit www.211arizona.org for free, local federal and state tax preparation locations.
February 2022
Due to periods of high call volumes during certain times of the year, please consider contacting the department on Thursdays or Fridays before noon or after 2 p.m.
January 2022
Once a business has renewed their TPT license, information is validated, and paid the license fees in full, the new TPT license certificates are then generated for each business location on file and sent to the mailing address on file with the department.
2021
December 2021
Topic One:
Because April 15, 2022 falls on a federal holiday, taxpayers have until Monday, April 18, 2022 to file their 2021 tax return. If filing an extension, the extended due date to file the income tax return is October 15, 2022. However, because October 15, 2022 falls on a Saturday, taxpayers have until Monday, October 17, 2022 to timely file the 2021 tax return.
Topic Two:
Proposition 208, passed by voters in the last election, applies to tax year 2021 and requires individuals with taxable income of more than $250,000 (single and married filing separate) and more than $500,000 (married filing joint and head of household) to pay an additional tax surcharge.
Topic Three:
On July 9, 2021, Governor Doug Ducey signed into law Senate Bill 1783 creating a small business income tax by enacting Arizona Revised Statute (A.R.S.) § 43-1701 effective for tax years beginning from and after December 31, 2020. The small business income tax rate for tax year 2021 is 3.5% on the amount of a taxpayer’s computed Arizona small business taxable income.
November 2021
Topic One:
ADOR is mailing letters to businesses, reminding them to renew their Arizona Transaction Privilege Tax (TPT). If a taxpayer sells a product or engages in a business activity subject to TPT, the business must renew their Arizona Transaction Privilege Tax (TPT) License annually.
The due date to renew a TPT license is January 1, 2022. A non-renewed license will not be canceled. Instead, failure to renew or renewals received after January 31 will be deemed late. This may result in penalties.
Topic Two:
Taxpayer Education and Training: All ADOR workshops are free of charge. To register or access online workshops, tutorials and resources, visit azdor.gov/taxpayer-education
October 2021
With new United States Postal Service standards effective Oct. 1, ADOR offers these tips: 1. Plan ahead and mail early–For payments or returns that requires a deadline, ADOR encourages taxpayers to plan ahead and send them early. 2. Electronic–Most services ADOR offers are free through AZTaxes.
September 2021
Topic One:
UPDATE regarding Unclaimed Property:
Despite the COVID-19 pandemic and safety restrictions, ADOR’S Unclaimed Property Unit continued its efforts to assist taxpayers in recovering lost assets by providing virtual meeting options and in-person appointments. To search for unclaimed property, customers can search their names or business name at https://azdor.gov/unclaimed-property. ADOR encourages taxpayers to search their name each year as new properties come throughout the year to the program.
Topic Two:
T he Arizona Department of Revenue (ADOR) encourages transaction privilege tax (TPT) taxpayers to ensure their account information is up to date. AZTaxes.gov(link is external) enables registered businesses to update their accounts, but they must have an e-signature PIN to make changes.
August 2021
Topic One:
The ADOR offers taxpayers resources that are easily accessible by computer or phone, reducing the need for in-person visits.
A drop-box is available at three ADOR locations for submitting payments, forms, applications, and returns without an appointment. Items are collected throughout the day, and taxpayers can receive a submission confirmation by including their email address on the top of the envelope.
Topic Two:
Transaction Privilege Tax
Businesses can register, file, and pay transaction privilege tax on AZTaxes.gov. The Quick Reference page is a helpful online resource with tips for filing and paying online.
Topic Three:
Live Chat
ADOR Live Chat is available Monday through Friday from 7 a.m. to 6 p.m. to answer inquiries for general questions and offers navigational guides in real-time on AZDOR.gov and AZTaxes.gov
Phone
Telephone support is available 8 a.m. – 5 p.m. Monday through Friday. To contact a specific department, please see the ADOR Contact Us page.
July 2021
The ADOR will reopen its East Valley location in Mesa on Monday, August 2, 2021, for appointment-only services. Taxpayers can now receive in-person assistance with payments, processing TPT license applications, general TPT return, and AZTaxes.gov education and assistance.
Appointments will be available Monday - Thursday from 7:30 a.m. - 5:30 p.m. (closed on Fridays) at the City of Mesa Customer Service Center, 55 N Center Street. To schedule an appointment, please contact them at (602) 716-2367
June 2021
Reminder from ADOR Taxpayers should be aware that the Department of Revenue will never:
Call or text about taxes owed without first having sent an official notice.
Demand immediate payment without providing you the opportunity to question or appeal the stated amount owed.
Require you to use a specific payment method to pay your taxes, such as a prepaid debit card.
Threaten to bring in local police or other law-enforcement groups to have you arrested for not paying.
May 2021
ADOR Tips to help prevent being the victim of identity theft:
Do not carry identification with your Social Security Number (SSN) on it.
If someone asks for an SSN, always ask why because it is not always required.
Keep personal and confidential information in a secure place.
Secure your devices using anti-virus software.
Monitor your bill cycles and examine unfamiliar debit and credit card charges.
Use strong passwords and never share your passwords.
Never give personal information through unencrypted email, social media, or text messaging. Unless you initiated the call, never provide personal information over the phone.
Arizonans can also contact the Department of Revenue’s Identity Theft Call Center at (602) 716-6300, toll-free: 800-352-40onans can also contact the Department of Revenue’s Identity Theft Call Center at (602) 716-6300, toll-free: 800-352-4090, or htt90, or https://azdor.gov/individual-income-tax-information/identity-theft
April 2021
The Arizona Department of Revenue (ADOR) urges taxpayers to file soon as the deadline to file tax year 2020 individual income tax returns is May 17.
ADOR encourages electronic filing and direct deposit as it is more secure, more efficient, and on average, a couple of weeks faster than paper returns when it comes to refunds.
E-File - Visit the department’s E-File Services page at https://azdor.gov/e-file-services to view the list of software providers certified to submit electronically filed returns with ADOR.
Online Paper Forms - For taxpayers who prefer to prepare their returns, ADOR provides fillable, calculating forms and instructions to print at https://www.azdor.gov/Forms. If filing by paper, taxpayers should allow 6-8 weeks from the date filed to receive their refund.
Individual income tax filers needing additional aid may qualify for free tax preparation assistance.
Arizona Free File Alliance - Offers a free file program to Arizona taxpayers who meet specific criteria. Over 82,000 taxpayers used Free File software last year, saving themselves fees, costly errors, and receiving their refund quicker. Individuals must go through azdor.gov to ensure no fees are charged.
AARP Foundation Tax-Aide Program - Delivers free support to individuals 50 and older who cannot afford a tax preparation service to file federal and Arizona returns. Program details can be found at www.aarp.org/money/taxes/aarp_taxaide.
Volunteer Income Tax Assistance (VITA) - Provides free tax help to people who generally make $57,000 or less, persons with disabilities, and limited English-speaking taxpayers who need assistance in preparing their tax returns. For locations and guidance, check www.irs.gov/Individuals/Free-Tax-Return-Preparation-for-You-by-Volunteers.
Note: Due to the pandemic, individuals should check with their tax preparation services to verify they offer in-person assistance, drop-offs, or virtual assistance.
If needing more time to file, submit Form 204 for an extension, which is still due May 17. As a reminder, an extension does not grant a taxpayer more time to pay taxes owed. If a taxpayer has already been granted an extension through the IRS, a state of Arizona extension request is not required.
Visit ADOR’s website at https://azdor.gov/individual-income-tax-information for additional tax filing requirements, instructions, and important tax filing tips.
March 2021
The Arizona Department of Revenue (ADOR) recognizes the difficulties many Arizona businesses are experiencing during COVID-19, including their ability to meet transaction privilege tax (TPT) payment timelines. As a result, department officials are working with each business on a case-by-case basis to determine the best path forward for meeting current tax liabilities.
As part of discussions with customers experiencing TPT pressures, ADOR is assisting businesses in applying for the department’s late payment-late filing penalty abatement program. See your attorney on how to proceed to request a Penalty Abatement.
Look at the Arizona Department of Revenue’s website for updates regarding upcoming Business Tax Workshops, quick reference guides to filing business taxes and paying on-line.
February 2021
The Arizona Department of Revenue’s (ADOR) Unclaimed Property program has identified more than $45 million that belonged to over 159,000 people with last known addresses in Maricopa County reported last year. ADOR returns property to owners who provide documentation showing their right to claim the assets. Claimants must include with their claim form a valid photo ID, such as a driver’s license or other applicable identification, and documentation linking them to the owner’s last known address. Claimants must also provide documentation demonstrating a legal right to claim any property listed in another name. For more information on the Unclaimed Property program, including how to make a claim and frequently asked questions go to http://www.azdor.gov and click on the Unclaimed Property tab.
2020
November 2020
For businesses who received their TPT license in later 2020, you must still renew your TPT license in January 2021. If businesses offered tax free sales to their Arizona customers, you must still file and pay the tax to the department.
October 2020
Topic One:
Even if your business didn’t make any taxable sales or purchases, you may still need to file your TPT return. There could be substantial penalties and interest assessed for not filing. Consult ADOR’s webpage for information regarding your specific business.
Topic Two:
The Arizona Department of Revenue does not call to demand immediate payment or call about taxes owed without having initial communication with taxpayers through the mail." Arizonans with tax-related ID theft questions should contact the ADOR's identity theft call center or the Internal Revenue Service.
Telephone scam artists are calling and pretending to be with the department. They may demand immediate payment or may say you have a refund due and try to trick you into sharing confidential information, such as your Social Security Number. Do not be fooled. If contacted and you know you owe taxes or think you might owe, call ADOR at (602) 542-5551 for assistance with your payment issue. If you know you don’t owe taxes or have no reason to believe that you do, immediately hang up the call.
September 2020
The Arizona Department of Revenue (ADOR) urges employers to be cautious of phishing and other email scams. Scammers will disguise themselves in an attempt to access and abuse sensitive data such as passwords, usernames, social security numbers, payment, and credit card information.
The most popular W-2 form phishing scenario consists of someone in a company’s payroll or human resources office receiving an email that appears to be from an executive of that business. Additionally, the email requests for employee W-2 data imposes a sense of urgency and pressure for an immediate response.
When encountering unfamiliar emails, companies should try to identify common grammatical, spelling errors, and old or wrong company information. Furthermore, the email addresses can seem like the company’s internal domain email address, but will typically have an external domain email address (e.g., Gmail, yahoo). ADOR recommends that businesses not respond to any suspicious email and instead connect with the person whose name is on the email by phone or in-person to confirm its authenticity. If there is an internal phone directory available, employees should use the number listed in that directory. Employers are encouraged to establish specific internal procedures for learning how to identify and address W-2 form and other phishing scams.
Individuals and businesses that encounter suspicious activity or have any questions should contact the Department of Revenue’s Identity Theft Call Center at: (602) 716-6300, toll-free: (800) 352-4090 or at https://azdor.gov/individual-income-tax-information/identity-theft.
INTERNAL REVENUE SERVICE
2025
February 2025
Topic One:
IR-2025-22, Feb. 12, 2025 — With the 2025 filing season underway and the anticipated high demand for IRS phone lines around the Presidents Day holiday, the Internal Revenue Service today encouraged taxpayers to visit IRS.gov and use online tools to get immediate answers.
IR-2025-21, Feb. 3, 2025 — The Internal Revenue Service today reminded taxpayers that choosing the right tax professional is essential to helping them avoid tax-related identity theft and financial harm.
Topic Two:
The IRS, under Section 1024 of the Taxpayer Relief Act of 1997, has the authority to withhold up to 15% of Social Security payments to settle federal tax debts. This garnishment continues until the debt is fully paid. Affected individuals can reach out to the IRS at 1-800-829-7650 to learn more about their rights and the appeals process.
Topic Three:
Independent Contract v Employee:
For tax purposes: The IRS uses the traditional “Right to Control”. This deals with issues as need for supervision, set hours of work, hourly or salary, minimum wage, overtime, earned paid sick time), providing “tools” and right to terminate. Both the IRS and ADOR do focus on these issues. Before determining what classification the to be hired worker consider: Wage/hour test, consult the federal Fair labor Standards Act (FLSA) and Arizona Fair Wages & Healthy Families Act. Consult ARS 23-907, ARS 23-902D, ARS 23-1601. These provide information on worker’s Compensation, details of risks, contract details and unemployment insurance test.
January 2025
Starting January 1, 2025, the standard contribution limits for 401(k), 403(b) and 457(b) plans will increase to $23,500.
With catch-up contributions, you can contribute even more beyond the standard contribution limits:
Age 50+ catch-up limit is an additional $7,500 (the same as in 2024)
Traditional 457(b) catch-up limit will increase to an additional $23,500
2024
December 2024
Tax planning is for everyone. Get ready today to file your federal income tax return. Planning ahead can help you file an accurate return and avoid delays that can slow your tax refund.
November 2024
Tax Scam Warnings:
Scammers mislead you about tax refunds, credits and payments. They pressure you for money, personal, financial or employee information. IRS impersonators try to look like us.
Watch out for:
A big payday - If it sounds too good to be true, it probably is. Bad tax advice on social media could urge you to falsify tax forms or credit claims.
Demands or threats - Impersonators want you to pay “now or else.” They threaten arrest or deportation.
Website links - Odd or misspelled web links can take you to malicious sites instead of IRS.gov.
Impersonators don’t let you question or appeal the amount of tax you owe
Here’s how to know it’s really the IRS contacting you:
Email - We email you only with your permission.
Mail - Typically, we contact you first by U.S. mail. Most IRS letters include a letter or number. To verify it’s us, search for a letter or notice. Some letters might be from IRS-assigned private debt collection agencies.
Social media - You can follow us, but we never contact you about your taxes on social media. Check with a trusted tax professional.
Text message - We only send you text messages with your permission.
Website - Our official web address is IRS.gov.
Phone call - Typically, we mail you first. We might call about an audit or to verify information.
Fax - Sometimes we send a fax to verify employment or request reported income or withholdings.
In-person visit - Generally, we notify you by mail before we visit your home or business.
August 2024
The Internal Revenue Service announced August 8, 2024 additional actions to help small businesses and prevent improper payments in the Employee Retention Credit (ERC) program, including accelerating more payments and continuing compliance work on the complex pandemic-era credit that was flooded with claims following misleading marketing.
The IRS is continuing to work denials of improper ERC claims, intensifying audits and pursuing civil and criminal investigations of potential fraud and abuse. The findings of the IRS review, announced in June, confirmed concerns raised by tax professionals and others that there was an extremely high rate of improper ERC claims in the current inventory of ERC claims.
In recent weeks, the IRS has sent out 28,000 disallowance letters to businesses whose claims showed a high risk of being incorrect. The IRS estimates that these disallowances will prevent up to $5 billion in improper payments. Thousands of audits are underway, and 460 criminal cases have been initiated. The IRS has also identified 50,000 valid ERC claims and is quickly moving them into the pipeline for payment processing in coming weeks. These payments are part of a low-risk group of claims.
Given the complexity of the ERC and to reduce the risk of improper payments, the IRS emphasized it is moving methodically and deliberately on both the disallowances as well as additional payments to balance the needs of businesses with legitimate claims against the promoter-fueled wave of improper claims that came into the agency.
May 2024
The Internal Revenue Service today issued frequently asked questions (FAQs) in Fact Sheet 2024-19, relating to rules for distributions from retirement plans and IRAs and for retirement plan loans, for certain individuals impacted by federally declared major disasters.
The FAQs relate to the SECURE 2.0 Act of 2022 (SECURE 2.0) provision that provides for ongoing disaster relief for certain distributions and loans in the case of federally declared major disasters. Prior to the changes made by SECURE 2.0, there was no disaster relief allowing these distributions and loans that applied generally for all major disasters.
The FAQs are intended to assist individuals, employers, and retirement plan and IRA service providers, and they are divided into four categories:
General information
Taxation and reporting of qualified disaster recovery distributions
Repayment of qualified distributions taken for the purpose of purchasing or constructing a principal residence in a qualified disaster area
Loans from certain qualified plans
April 2024
he Internal Revenue Service issued April 16, 2024, frequently asked questions (FAQs) in Fact Sheet 2024-13 related to the tax treatment of work-life referral services provided to employees under an employer’s work-life referral program.
A work-life referral program is an employer-funded fringe benefit that provides work-life referral services to eligible employees.
Work-life referral services are restricted to informational and referral consultations that assist employees with identifying, contacting and negotiating with life-management resources for solutions to a personal, work or family challenge. For example, choosing a suitable child or dependent care program, connecting with a local retirement or financial planner or navigating eligibility for government benefits.
The FAQs released today clarify that, under certain circumstances, the value of work-life referral services provided to employees through a work-life referral program can be excluded from income and employment taxes as de minimis fringe benefits.
January 2024
The IRS will open on certain Saturdays between January and May 2024 to provide in-person help without an appointment.
What To Bring:
Current Government Issued Photo ID
Taxpayer Identification Number, such as Social Security numbers
Any Letters or Notices Received and Requested Documents
To request identity verification services, bring two forms of identification and a copy or a digital image of the tax return in question, if one was filed
IRS Staff May Also Request:
A current mailing address
Proof of bank account information that you included on your tax return to receive payments or refunds by Direct Deposit
2023
July 2023
Should you not file a required income tax return timely, the IRS can file an income tax return on your behalf. This is referred to as “SFR” substitute for return. The result may be an amount due that may be greater than if you have filed your return and taken the allowable exemptions, credits, deductions, etc. Should this occur you may consider negotiating with the IRS through an offer in compromise or installment agreement. The offer-in-compromise (OIC) process is available for individuals who owe the IRS but cannot pay the entire obligation. The IRS OIC program is explained in detail on the IRS website.
April 2023
The 2023 Dirty Dozen campaign warns taxpayers about prevalent scams and schemes that the IRS is seeing this tax season. Check out: irs.gov/dirtydozen The Internal Revenue Service is issuing its annual "Dirty Dozen" list of tax scams. The IRS reminds taxpayers to remain vigilant to these often aggressive and evolving schemes throughout the year.
This year's “Dirty Dozen” list highlights a wide variety of schemes that taxpayers may encounter at any time, although many may peak during tax-filing season. The schemes run the gamut from simple refund inflation scams to complex tax shelter deals. A common theme throughout all: Scams put taxpayers at risk.
The IRS highlighted the “Dirty Dozen” scam list in separate news releases over 12 weekdays. Taxpayers are encouraged to review the list on IRS.gov and be on the lookout for these ruses throughout the year.
March 2023
Spouses who file jointly and are be in the process of getting a divorce or divorced may encounter a unique situation. If one spouse is primarily handling taxes, income, payment of bills, etc. the other spouse MAY be able to avoid a tax liability if they qualify under the IRS Innocent Spouse Relief rules. The IRS permits special consideration where a spouse may not be held responsible for underreporting of income that is attributable to the other spouse. If you feel you may qualify you may wish to reach our to your accountant, CPA or attorney.
February 2023
If you are audited by the IRS you will receive a written notice from the IRS. Be sure to review the guidelines in the IRS website for the process, what it entails, length, etc.
January 2023
IRS announced Jan. 23 as the beginning of the tax season when the agency will begin accepting and processing tax year returns
2022
December 2022
Be sure to check the IRS website for legitimate organizations eligible to receive tax deductible charitable contributions as well as other issues involving charitible contributions.
September/October 2022
Internal Revenue Service (IRS) announced that interest rates will increase for the calendar quarter beginning October 1, 2022. The rates will be 6% for overpayments (5% in the case of a corporation), 3.5% for the portion of a corporate overpayment exceeding $10,000, 6% for underpayments, and 8% for large corporate underpayments.
ADOR applies interest, compounded annually, in the same manner and at the same time as prescribed by the U.S. Internal Revenue Code (IRC), Section 6621.
August 2022
The IRS has a program called “Tax Withholding Estimator” which an individual may use to estimate your federal income tax withholding. See how your refund, take-home pay or tax due are affected by withholding amount. The IRS recommends that you don’t use the “Estimator” if you have a pension but not a job; You have nonresident alien status; or Your tax situation is complex.
June/July 2022
The IRS interest rate will increase beginning July 1, 2022. The rates will be 5% for overpayments (4% in the case of a corporation) 2.5% for the portion of a corporate overpayment exceeding $10,000, 5% for underpayments and 7% for large corporate underpayments.
May 2022
The IRS anticipates that Login.gov, a federal-government-run online portal providing access to a variety of government services, will be able to accommodate IRS users by November or December, a Government Accountability Office report has revealed.
The IRS increased the Collection Financial Standards on April 25, 2022.
The largest percentage percentage increases were in the “Out of Pocket Health Care” and “Public Transportation” categories.
These standards can be used in IRS collection-related matters, such requesting currently non-collectable status or an offer in compromise. . The IRS website states that new forms must be used if you apply for an OIC on April 25, 2022 or later and details the new increases.
April 2022
Tax filing day is approaching. The last date to file individual tax returns is Monday, April 18, 2022, unless an extension to file has been submitted to the proper tax authority.
March 2022
The IRS is warning people of SCAMS. People will say they are a representatives of the Internal Revenue Service to persuade you into giving them your Social Security number, bank account numbers or other personal identification. Some may ask for money or a gift card to pay the outstanding taxes, fees and/or penalties. The IRS will never ask you to pay tax debt with gift cards
Rarely will the IRS initiate contact a taxpayer on the telephone Contact is usually done through regular mail delivered by the U.S. Postal Service.
The IRS won’t threaten to have you arrested or deported, revoke your business licenses or even your drivers license.
February 2022
The IRS announced tthat it will move way from facial recognition to authenticate people creating online IRS accounts, and that it will develop an additional authentication process that does not rely on facial recognition.
2021
December 2021
The IRS standard mileage rates for 2022 are:
58.5 cents per mile for business use. 18 cents for medical or allowable moving expenses.
November 2021
The Internal Revenue Service announced that starting Oct. 28, a new $67 user fee will apply to any estate that requests a closing letter for its federal estate tax return. By law, federal agencies are required to charge a user fee to cover the cost of providing certain services to the public that confer a special benefit to the recipient. Moreover, agencies must review these fees every two years to determine whether they are recovering the cost of these services.
The person liable for the fee is the “the estate of the decedent or other person requesting, in accordance with applicable procedures and policies, an estate tax closing letter to be issued with respect to the estate.”
The new fee applies to requests received by the IRS on or after October 28, 2021.
Closing letter requests must be made using pay.gov The IRS will provide further procedural details before the user fee goes into effect.
Under the final regulations, the IRS has determined that issuing closing letters is a service that confers a special benefit warranting a user fee. That's because, though obtaining a closing letter from the IRS can be helpful to an executor of an estate, it is not required by law. Moreover, the estate has the option of obtaining from the IRS, free of charge, account transcript, showing certain information from the estate tax return, comparable to that found in a closing letter. As noted in the final regulations, account transcripts can be used to confirm that an estate tax return examination has been completed and the IRS file has been closed, which is the reason most often cited for requesting a closing letter.
October 2021
Beware of emails coming from the Commissioner of the IRS. The email states the name of the commissioner and prompts you to access a site regarding a liability. The IRS will only initially contact you by U.S. Mail. Report any scams or fraudulent emails to the property authorities.
American Rescue Plan Act (ARPA) of 2021
Several ARPA provisions affect the 2020 tax return people are filing in 2021, including exempting up to $10,200 in unemployment from tax and another benefiting people who purchased subsidized health coverage through federal or state Health Insurance Marketplaces. The law also includes the third round of Economic Impact Payments, now going out to eligible Americans, that are generally equal to $1,400 per person for most people and advance payments of the Child Tax Credit, paid monthly from July to December 2021. Keep up with tax law developments by regularly checking IRS.gov.
September 2021
The Internal Revenue Service is experiencing a programming issue that’s affecting businesses who need transcripts for requesting COVID-19 employment tax relief.
The problem affects transcripts requests for Form 941, the Employer’s Quarterly Federal Tax Return. Tax professionals have been filing amended versions of the Form 941 to help their clients claim the employee retention credit. The programming issue won’t be resolved until Sept. 26, according to the IRS, which could further delay tax refunds for the businesses that need them.
March 2021
The Internal Revenue Service announced today that the federal income tax filing due date for individuals for the 2020 tax year will be automatically extended from April 15, 2021, to May 17, 2021. The federal tax filing deadline postponement to May 17, 2021, only applies to individual federal income returns and tax (including tax on self-employment income) payments otherwise due April 15, 2021, not state tax payments or deposits or payments of any other type of federal tax.
The House Ways and Means Committee has requested the IRS to extend the 2021 tax filing season beyond the April 15 deadline. The request was made due to strains on the IRS and on taxpayers relating to the pandemic. People filing tax returns in February were down by almost 25% from February 2020 (Tax Year 2019) and the number of tax returns processed was down by almost 31%. Only about 27% of telephone calls are being answered which translates to less help to taxpayers.
January 2021
The Internal Revenue Service rolled out a new online option that will help tax professionals remotely obtain signatures from individual and business clients and submit authorization forms electronically. The project is a result of the Taxpayer First Act that requires the IRS to expand use of taxpayers’ electronic signatures on authorization forms. This online option also will help protect taxpayers and tax professionals by more easily allowing remote transactions. Tax professionals may use handwritten or any form of an electronic signature for the client or themselves on authorization forms submitted through the new online tool. Authorization forms that are mailed or faxed must still have handwritten signatures. For more information please visit the IRS website.
A “New Client” scam targets tax preparers and has since 2017; its primary objective is to deliver malware to the tax preparer to effect some stolen identity refund fraud (SIRF) scheme. The IRS urges tax professionals and tax preparation firms never respond to or click on a link in an unsolicited email or PDF attachment from an unknown sender.
2020
November 2020
Check out the Internal Revenue Service website for tips and videos regarding:
Shopping Securely Online; Security Software Tips for Computers and Mobile Devices; Identifying Phishing Scams; and Cyber security when working from home
Small Businesses Must Guard Against Identity Theft - Federal Trade Commission Security Tips for Small Business; Protecting Wireless Networks; and IRS Assistance for Businesses Experiencing Tax-Related Identity Theft
Beware of Phishing Scams Targeting All Taxpayers - Impact of COVID-19 on Cybercriminal Phishing Scams; Visual Examples of Recent COVID-19 Related Phishing Scams; and Common Characteristics of Phishing Messages
October 2020
The Internal Revenue Service announced that the deadline to register for an Economic Impact Payment (EIP) is now Nov. 21, 2020. This new date will provide an additional five weeks beyond the original deadline. The IRS urges people who don’t typically file a tax return – and haven’t received an Economic Impact Payment – to register as quickly as possible.
September 2020
How to Get Your Economic Impact Payment if You Don’t Normally File Taxes . You probably don’t need to file a tax return if your income is below $12,200 for singles or $24,400 for married couples. But you may still be eligible for an Economic Impact Payment. You are eligible if you are a U.S. citizen, permanent resident or qualifying resident alien, cannot be claimed as a dependent on another taxpayer’s tax return and have a Social Security number that’s valid for employment. To determine if you are required to file a 2019 tax return or if you should file to get a refund, use our Interactive Tax Assistant tool - Do I Need to File a Tax Return? – and answer basic questions. To learn more about getting your payment, follow the charts below for common situations. If you or your spouse receive Social Security, Supplemental Security Income, Railroad Retirement or Veteran’s benefits, you should have automatically received your payments. These payments were issued by direct deposit, Direct Express debit card or by paper check where you normally receive your benefits. You can check the status at Get My Payment on IRS.gov. Individuals Eligible individuals will receive an Economic Impact Payment of $1,200 and an additional $500 for each qualifying child. If this is your situation regarding federal benefits, including Social Security, Supplemental Security Income, Railroad Retirement or Veteran’s benefits Then here’s what you need to know You do not receive the above federal benefits Use the Non-Filers: Enter Payment Info Here tool by Oct. 15 to enter basic information, so the IRS can issue your payment. You do not receive the above federal benefits and you have a qualifying child. Use the Non-Filers: Enter Payment Info Here tool by Oct. 15 to enter basic information for you and your qualifying child, so the IRS can issue your payment. You receive the above federal benefits and you did not receive a $500 payment for your qualifying child. You should have automatically received your payment by direct deposit, Direct Express debit card or by paper check where you normally receive your benefits. If you have not filed a 2019 (or 2018) tax return or used the Non-Filers tool to provide information about your qualifying children, you should provide information online by Sept. 30 using the Non-Filers: Enter Payment Info Here tool. If you filed a tax return or used the Non-Filers tool and added information about your qualifying child, take no further action. Catch-up payments will be issued in October. Married Couples Two eligible individuals who would file as married filing jointly will receive $2,400 and an additional $500 for each qualifying child.
BUSINESS FORMATION
2025
February 2025
The Treasury Department set a March 21 deadline for businesses to report "beneficial ownership information" or risk civil and criminal penalties.
It delayed the prior deadline by 30 days.
The delay comes after a Texas district court struck down a nationwide injunction on enforcement of the Corporate Transparency Act.
The Treasury Department left open the possibility of further delays.
January 2025
FinCEN extended the December 31, 2024 deadline to January 13, 2025. The new deadline is on FinCEN’s website under Alerts. There have various stays on this issue. Many people have decided to file regardless of the stay to be on the safe side and be in compliance. You may wish to consult your attorney for guidance.
2024
December 2024
The Federal District Court for the Eastern District of Texas recently issued a nationwide preliminary injunction enjoining enforcement of the Corporate Transparency Act, and on December 5th the federal government filed its Notice of Appeal with the 5th Circuit Court of Appeals.
The government filed a motion with the 5th Circuit to immediately either stay (i.e. “pause”) the preliminary injunction at the district court level or narrow the injunction to just the plaintiffs in that case pending the case’s full outcome. If the government’s motion is successful, the CTA’s filing requirements would be reinstated pending the full outcome of the case.
Likely the most important provision from the government’s motion is the following:
“The government respectfully requests a ruling on this motion as soon as possible, but in any event no later than December 27, 2024, to ensure that regulated entities can be made aware of their obligation to comply before January 1, 2025.”
The government’s motion indicates a desire to keep in place its January 1st filing deadline under the CTA, if at all possible. Of course, they could still choose to extend the deadline if the 5th Circuit rules in the government’s favor in 2024, but we won’t know for sure the government’s intent with respect to keeping in place or moving the January 1st filing deadline until the 5th Circuit rules (most likely).
The government proposed a deadline of December 19th for the plaintiffs in the case to respond to their motion, with the government’s reply to the plaintiffs’ response being due by December 23rd. The 5th Circuit has ordered a speedier timeline: the plaintiffs must respond by December 17th, and the government then has until the 18th to file a response to the plaintiffs’ reply. Therefore, the 5th Circuit, by ordering an even speedier timeline than the government requested, presumably intends to issue its decision in 2024.
Consistent with our previous messaging, and especially in light of this most recent development, we would encourage you at the very least to continue gathering the information necessary to be able to complete your CTA filings by the January 1st deadline, and you may want to consider getting your filings done and submitted now
October 2024
Corporate Transparency Act, Beneficial Ownership Information
As the end of the year approaches, it is important to remember the key requirements under the U.S. Corporate Transparency Act (CTA), specifically the Beneficial Ownership Information (BOI) reporting deadline. This important mandate applies to all U.S. companies and foreign entities registered to do business in the U.S. and requires timely reporting to the U.S. Treasury’s Financial Crimes Enforcement Network (FinCEN).
Deadlines
· Existing Companies (formed before 1 January 2024): The BOI reporting deadline is 1 January 2025.
· New Companies (formed in 2024): BOI reports must be submitted within 90 days of formation.
· Future Companies (formed after 1 January 2025): BOI reports must be submitted within 30 days of formation.
Non-compliance can lead to significant penalties, including daily civil fines of $591 and criminal penalties up to $10,000 and two years of imprisonment.
With the January 2025 deadline fast approaching, now is the time to ensure your BOI reports are filed promptly and correctly.
September 2024
Business Entities
The type of entity can have significant tax and asset protection consequences. This information shall discuss the entities in terms of ease and cost of formation, number of owners & restrictions on ownership, privacy, control and management, owners protection from liabilities of the entity, and taxation issues.
Those who start new businesses or purchase investment assets in Arizona and those who want to own, operate or hold assets in an Arizona entity to limit their liability to creditors must choose one from the number of types of entities. The type of entity selected may have significant tax, liability, and asset protection consequences.
When organizing a new business, one of the first and most important decisions is identifying the structure of the business. No one choice suits every business. Legal and tax considerations enter into this decision. You have to pick the structure that best meets your needs. It is recommended that you consult with competent legal and tax professionals in order to make an informed decision about what entity type is best for you.
Summary of Entity Types:
There are a number of different types of business entities that exist. They are:
Sole Proprietorship:
This is the simplest and most common form of business organization. It is a business that is owned by one (1) or more individual(s). The creation of this type of business entity requires no formal Arizona filing. Taxwise, profits and losses are reported on a separate schedule within your 1040 personal tax return. Liability-wise, the individual owner(s) is personally liable for the damages/harm caused by the actions associated with the business/entity.
General Partnership:
An alliance/association of two (2) or more persons joined together to carry on a business or trade. Usually in a partnership each partner contributes money, skills, and/or time. The partners share the partnership’s profits and losses. Taxwise, the earnings are reported at the end of the year with personal tax returns. Liability-wise, the individual partners are personally liable for the damages/harm caused by the actions associated with the partnership and/or the other partner’s actions. It is a “business-type marriage” so to speak. There is a joint and several liability amongst the partners.
Limited Partnership (“LP”):
A more popular choice for business owners who are looking at a partnership set up. Unlike general partnerships, This approach can be used to limit the liability and the involvement of certain partners. This is a useful approach for attracting investment partners who would like to participate in the profits of the business but not necessarily in its risks or daily operations. LPs are required to register with the Arizona Secretary of State and advise the State as to the actions be taken by the entity (i.e. the various filings/ forms with the Arizona Secretary of State are: “Certificate of Limited Partnerships,” “Amendment to Certificate; Restatement,” “Cancellation of Certificate”).
Limited Liability Partnership (“LLP”) and Limited Liability Limited Partnership (“LLLP”):
Arizona's limited liability partnership statutes govern both LLPs and LLLPs and permit both general partnerships and limited partnerships to elect limited liability for their general partner(s). The owners report company profits and losses on their personal income tax forms. The business itself is not subject to federal income tax, as are corporations. LLPs and LLLPs are required to register with the Arizona Secretary of State.
Limited Liability Company (“LLC”) and/or Corporations:
Should you decide to create a LLC or a Corporation, you must file the requisite documents with the Arizona Corporation Commission (“AZCC”). One can use the AZCC’s forms, the “ECorp” process offered by the AZCC, or, alternatively, a party’s own forms can be used as long as the minimum requirements are met.
The LLC entity is a unique type of entity structure in that it merges elements of the partnership and corporate structures. LLCs are popular because, similar to a Corporation, owners have limited personal liability for the debts and actions of the LLC. Other features of LLCs are more like a partnership, providing management flexibility and the benefit of pass-through taxation. Additionally, there are less of the structure and/or procedural requirements that Corporations have to satisfy (i.e. annual filings, annual meetings and annual fees).
Corporations: The most complex type of business organization. It is formed by law as a separate entity, completely distinct from those who own it. Further, it possesses its own rights and responsibilities. There are two (2) distinctive types of Corporations, referred to as a “S” type and a “C” type.[1]
S Corporation: It is sometimes referred to as a "Subchapter S Corporation." It affords the protection of a corporation with some of the financial flexibility of a partnership with the election option to not be subject to federal corporation income tax. To qualify for S Corporation status, the Corporation, or other entity if applicable, must be eligible to elect to be treated as a Corporation, as well as satisfy other specific requirements.
Non-Profit Corporation: Arizona allows the formation of a non-profit corporation, but if the corporation intends to be tax-exempt, it must apply for that status through the IRS. There are more than a dozen types of corporations approved by the IRS as "tax exempt non-profit" These organizations usually are developed and operated exclusively for one or more of the following purposes: charitable, religious, educational, scientific, literary, testing for public safety, fostering amateur sports competition (under certain restrictions), or the prevention of cruelty to children or animals. Non-profit corporations must file with the AZCC.
Arizona allows the formation of a non-profit corporation through the AZCC. That said. Should the entity intend to be tax-exempt, it must apply for that status through the IRS. See IRS, Publication 557 – “Tax Exempt Status for Your Organization.” Publication 557 discusses the rules and procedures for organizations seeking to obtain recognition of exempt status from federal income tax. The organization may be a corporation, community chest fund or foundation. Note: Sole proprietorships and/or partnerships will not
It is the Internal Revenue Service (“IRS”) that makes the distinctions in the type of corporations. Reference as a “S” Corporation, “C” Corporation, and/or a § 501(c)(3) are all IRS Code references. Those designations pertain only to tax status; they are not actually types of corporations. In Arizona, you would simply form either a for-profit corporation or a nonprofit corporation. The corporation’s tax status would later be determined by the IRS, not by the AZCC. The IRS’ requirements should be reviewed prior to submitting any documents to the AZCC.
It is best to consult your attorney when establishing a legal entity to make sure you have all requisite documents, form the correct type of entity and make proper tax allocations.
August 2024
There are many questions regarding how to start a business in Arizona. The basics are below. This is not all inclusive.
Have your business plan drafted and timelines defined.
Have a checklist to ensure you have completed all necessary documents/paperwork.
Choose a name. Which state will you do business and which state do you wish to be established in. If in Arizona check the Arizona Corporation Commission to ensure the name is not already used. You may wish to reserve the name until you are ready to start the process of establishing a business. A name reservation is good for only 120 days. Also, check federal websites to see if the name you choose is used in another area and is trademarked or has a patent. If not, do you wish to consider a trademark or patent. Check the Secretary of State and do you want a DBA or trade name. A trade name is effective for 5 years.
What type of business organization do you need: sole proprietorship, LLC, Corporation (S corp, C corp, 501c3 tax designations). Who will be your statutory agent. Do you have an operating agreement, by laws, etc. What licenses/permits are required, Secure an EIN from the IRS, tax id’s from ADOR and/or municipalities;
Social media presence, website, email addresses (how many, who will host them), billing software, time tracking software, inventory software, IT company or in house;
Bank accounts, credit cards, Do you need a CPA, accountant or bookkeeper. Who will do the taxes.
January 2024
WHY DO COMPANIES HAVE TO REPORT BENEFICIAL OWNERSHIP INFORMATION?
In 2021, Congress passed the Corporate Transparency Act (CTAI which created a new beneficial ownership information (BOI reporting requirement as part of a government effort to make it harder for bad actors to hide or benefit from their ill-gotten gains through shell companies or other opaque ownership structures.
WHAT IS A BOI REPORT
The BOJ report gathers information on businesses (and the people in charge of them) to make financial crimes harder to hide. The B0I Report is now required for operating a limited liability company or corporation.
WHAT IS BENEFICIAL OWNERSHIP INFORMATION?
BOI refers to Identifying information about the individuals who directly or indirectly own or control a company. This information includes:
► Full legal name; and
► Date of birth; and
► Residential or business street address; and
► Personal ID with unique Identifying number, such as a state driver's license, state ID, or passport.
IS THERE A FEE TO FILE THE REPORT?
NO
WHO IS INCLUDED IN THE B01 REPORT?
There are three parties that must be reported on:
l) The reporting company (which is the business. You might call it your business, your company, your LLC or something else, but the CTA calls It a reporting company); AND
2) The company applicants (person who filed formation/incorporation paperwork to start your business with the Arizona Corporation Commission); AND
3) The beneficial owners (thjs could be multiple people SEE BELOW .
WHO IS/ARE A BENEFICIAL OWNER(S)?
A beneficial owner is an individual who either directly or indirectly: (1) exercises substantial control over the reporting company, or (2) owns or controls at least 25% of the reporting company's ownership Interests.
WHEN DO I NEED TO SUBMIT THE REPORT?
The rule went into effect on January 1, 2024.
► Companies created before January 1, 2024 are required to file the initial report by January 1, 2025.
► Companies created in 2024 have 90 calendar days to file the initial report.
► Companies created or registered on or after January 1, 2025, will have 30 calendar days from actual or public notice that the company's creation or registration is effective to file their initial 801 reports.
► Reporting companies have 30 calendar days to report changes to the information In their previously filed reports and must correct inaccurate information in previously filed reports within 90 days of when the reporting company becomes aware or has reason to know of the Inaccuracy of information in earlier reports.
► The report Is NOT annual. A report only needs to be submitted once unless the information in the report needs to be updated or corrected.
WHAT ARE THE PENALTIES FOR NONCOMPLIANCE?
Failure to comply with CTA requirements (including by submitting false information) may result in civil or criminal penalties. This can include fines up to $10,000 and a maximum prison term of 2 years, or both. Inaccurate or late reports accrue civil fines of $500 per day as long as the reports remain inaccurate or late, up to a maximum of $10,000. Additional penalties may apply for disclosure of BOI report information submitted to Fin CEN.
ARE THERE EXEMPTIONS TO THE REPORTING REQUIREMENT?
Yes. There are 23 entitles are exempt from reporting requirements, including banks, insurance companies, CPA firms, charities, investment companies, and large companies (more than 20 full-time employees with gross income more than $5 million based on tax returns) . The FinCEN website has additional details.
WHERE CAN I FINO ADDITIONAL INFORMATION?
https://www.fincen.gov/boi-faqs
2023
March 2023
Key point all: A law firm would be a PLC or PLLC. That legal status/nature does not change when an “election” is made. Instead, the PLC/PLLC becomes a “S” or “C” Corp (depending upon the election that is made) for TAX PURPOSES ONLY. The legal entity is still a PLC or PLLC. Do remember, that the taxing authority (IRS) must approve the election once the proposed election is submitted. If no election occurs, then the PLLC/PLC is treated as a disregarded entity, with the income (and expenses flowing back to the individual). The same would be true under a “S” Corp election, but for certain tax law changes. There were some tax changes under the previous administration that does give tax benefits to making the election, based on particular facts.
2022
August 2022
When establishing a new business you may consider the following: Drafting Articles of Organization and recording them by using you or your attorney’s forms or using the State’s forms in which you are establishing your business. You may need to obtain an EIN from the Internal Revenue Service; draft an operating agreement, assign a Statutory Agent, draft a promissory notes or other related documents to secure your interest and your personal and your business assets.
May 2022
AUTHORIZED USERS AND AUTHORIZED ENTITIES WILL APPEAR IN ECORP - On June 29, 2021 each email account will be able to designate who can and cannot file on an entity. If you have not been designated as an authorized filer, you will not be able to file on that entity. This is for online filings only.
April 2022
Vacancy rates are low. The vacancy is still being shown as available until a lease agreement is fully satisfied by both parties or, in some cases, a close of escrow has been recorded. Until then back up offers may be accepted.
When an ideal space is chosen for relocation and you may want to move forward and provide a wish list and details to a second counter. Review the lease/contract thoroughly upfront. Understand all of your cost in addition to base rent. Itemize concerns and quickly submit comments for Landlord revision.
2021
May 2021
When you create a new business you may consider obtaining a trademark and/or copyright. A trademark can be a design, word, symbol or other “thing” that identifies the service(s) or product(s) that are associated with your company or brand. A copyright protects against infringement which can be a breach or violation of a right, law or regulation. Registering a copyright and a trademark creates a public record of your ownership.
March 2021
Be sure to consult with your attorney regarding the type of business entity you wish to set up. The taxing authorities have changed the way they treat different entities with regards to personal liability and taxing.
February 2021
Licensing requirements for different types of businesses have changed. Consult your attorney directly to ensure the correct licenses are obtained for all business entities ie. Sole Proprietorships, LLC, Corporations as well as the type of business: retail, Contractor, etc.
2020
September 2020
The Arizona Limited Liability Company Act went into effect for all LLCs on September 1, 2020. Areas impacted are: Contributions, Fiduciary duties, Distributions before Distribution, taxes and responsibility, records and inspection, company and personal liability, appraisal rights, and professional limited liability companies. It is important to know how the new law will affect you and the business formation you choose.
BANKRUPTCY
2025
February 2025
Often in a bankruptcy case, the debtor may be required to complete and sign a reaffirmation agreement. You (debtor) and, if you employ an attorney, must verify that the debtor understands the terms and the consequences of reaffirming the debt. There are potential risks and possible benefits. The debtor and/or attorney should consider evaluating the financial situation to determine if the debtor can afford the ongoing payments of the debt. The debtor and/or attorney is to thoroughly review the reaffirmation agreement to ensure it is fair and in compliance with bankruptcy laws/code. Sometimes the debtor and/or attorney will file the reaffirmation agreement with the court and may need to appear at a hearing. If you engage the services of an attorney, you will want to make sure the reaffirmation process is explained.
2024
November 2024
Topic One:
Individuals in financial distress are common targets for scammers. A scam operator calling itself the “Bankruptcy Fraud Watchdog Group” has recently set its sights on consumer debtors, sending letters falsely accusing debtors of failing to disclose assets in their bankruptcy cases. These letters threaten referrals to “the United States Bankruptcy Trustee” for fraud unless the debtors promptly pay “a one-time amnesty fine” of $450 in Bitcoin via a QR code to avoid “further legal consequences.” They also falsely state that debtors who share the letters with their attorneys will face “immediate referral for criminal prosecution.”
As the actual watchdog of the bankruptcy system, the U.S. Trustee Program (USTP) identifies and helps investigate allegations of fraud or abuse, including schemes exploiting vulnerable consumers in bankruptcy. Accordingly, debtors should report contacts from the so-called “Bankruptcy Fraud Watchdog Group” or other suspicious communications to the USTP’s bankruptcy fraud hotline or to their local U.S. Trustee office.
Consumer debtors can help protect themselves by looking out for common signs of schemes. For more information on these telltale signs and how to avoid falling victim to a scam, visit the websites of the Federal Bureau of Investigation and the Federal Trade Commission.
Topic Two:
Personal and business bankruptcy filings rose 16.2 percent in the twelve-month period ending Sept. 30, 2024, compared with the previous year.
According to statistics released by the Administrative Office of the U.S. Courts, annual bankruptcy filings totaled 504,112 in the year ending September 2024, compared with 433,658 cases in the previous year.
Business filings rose 33.5 percent, from 17,051 to 22,762 in the year ending September 30, 2024. Non-business bankruptcy filings rose 15.5 percent to 481,350, compared with 416,607 in the previous year.
September 2024
Some student loans may be discharged under specific circumstances and also some student loans were canceled. According to the White House nearly $170 billion in student debt has affected almost 5 million American that have benefitted from the various programs. The SAVE program (Saving on valuable education) offers lower monthly payments. Some states are appealing the decision affecting this program. Consult with your attorney to see if your student loan debt may be discharged in bankruptcy.
August 2024
A Chapter V bankruptcy was created in 2019. small businesses have a more flexible, efficient and cost-effective path. Plans do get confirmed quicker. This chapter is also used by larger companies with a complex organization formation and small businesses wishing to take advantage of the “benefits”. Subchapter V cases have “benefits” which are different from Chapter 11 cases. The trustee duties are different from a Chapter 7, 13 or 11 trustee’s duties. A trustee in the subchapter V may, in specific circumstances, be allowed to operate the business of a debtor. See your attorney for the details of all bankruptcy types and what is best for you.
February 2024
Cryptocurrency is an issue in bankruptcy. The courts are trying to determine if it is considered “general intangible or a financial asset which could be considered a security account. Both are perfected in different articles of the Uniform Commercial Code. Article 12 was approved by the Uniform Law Commission and is being considered by many states. So far it has been adopted by 11 states. It is designed to provide clarify on this issue. There is fluctuation in the value of the currency during the pendency of the bankruptcy case.
2023
July 2023
The Bankruptcy Court’s information is good with valid information if you use the Court’s Self Help Center with an attorney assistance. It might be a little long for those trying to see if a bankruptcy filing would be of a benefit. Other things to consider:
Does the individual really need to file bankruptcy (look at what creditors can get to asset-wise);
Review the impact of Prop 209 that limited what creditors can get to, again asset-wise (to note, there is a significant amount of abuse going on with respect to garnishments under the 209 changes, i.e. 209 reduced the amount percentagewise of what a creditor could get under a wage garnishment (from 25% to 10%) but many attorneys are using the old percentages (the 25% or 15%) which are dramatically higher (compared to 10% or 3%) since the debtor judgment debtors do not know what Prop 209 says, judgment debtors are not taking the action to protect themselves) did;
There are other resources that individuals can look to give assistance in connection with whether bankruptcy should be filed and the benefits thereof. In some cases, the entities might be able to provide attorney assistance and/or guidance. Examples of the entities that could provide this assistance are: Financial Distress Clinic of the Community Legal Services, the U.S. Bankruptcy Court (see below); possibly the Veteran Assistance program via the Justice Court- Veteran Courts (Veteran Courts | Department of Veterans' Services (az.gov) [dvs.az.gov] (which can resolves Veterans via resolution of specific issues they might have thereby avoiding the need for a bankruptcy); etc.;
There are other resources that individuals can look to give assistance in connection with the problem, i.e. the mortgage mediation program in the Bk court (see the cite for information - Mortgage Modification Mediation | District of Arizona | United States Bankruptcy Court (uscourts.gov) [azb.uscourts.gov]. District of Arizona, pursuant to General Order 23-2, has now expanded its Mortgage Modification Mediation Program to include individual debtors in cases pending under Chapters 11, 12 and 13;
There are other avenues that people can look at to get resolution or assistance with their problem(s). These tend to be problem specific and there would be no need to file bankruptcy. See the following as examples:
Out of court settlement;
Reduction of payment especially for credit card debt/unsecured liabilities;
Credit counseling ;
Sale of property or repossession; offering liens on certain property and/or reverse mortgages (if the judgment debtor/debtor owns real property with equity);
Tax debts - there are programs if have tax debt (offer-in-compromise, abatement, non-filer, property tax liabilities – can cap liability);
There are other programs which could provide assistance and guidance as well (in addition to those listed above) for example the modest means program to the State Bar client. It provides assistance in 15 different areas there is a fee for the modest means for an hour meeting is approximately $75.00 (the attorney receives no compensation), continued service is governed by their own internal set up. See the attached link to the Modest Means program [www.azflse.org/ [azflse.org]Modest Means Project (azflse.org) [azflse.org]]. To sign up for the Modest Means Project and find participating attorneys, for Modest Means program, please call a 24-hour automated pre-application system, at 866-637-5341. Pima County, the program is referred to as the qualified income legal team par(QUILT) modest means. The link is tucsonlawyers.org/pages/modest-means.
Note: there is also a military legal assistance program which provides low cost -because legal assistance to active military veterans who cannot afford the expertise of an attorney at standard rates but who cannot qualify for free legal services due to income qualification the project serves those who income is less than or equal 250% of the federal poverty guidelines. Those that qualify can receive service assistance. The handbook for this information is the “Arizona Military Legal Assistance Project Handbook-pd; and/or
There are programs through the Arizona Bar Foundation that can aid in specific areas, i.e. family law, to Seniors, etc. See azlawhelp.org.
April 2023
Courts are split on whether a Chapter 13 debtor can make contributions to a 401K plan. Some courts permit it some courts do not, while others permit contributions no larger than what the debtor was contributing before they filed bankruptcy. A bankruptcy judge in Houston, TX allows contributions up t the amount permitted by the IS Code, regardless of whether the debtor had been making contributions before they filed for bankruptcy.
A motor home can be a debtor’s homestead
In re Froemming AZ District Court Case No. CV-22-08056-PCT-GMS (Affirming DPC Decision in Case No. 3:21-bk-07960) Issued March 24, 2023
Speak with your bankruptcy attorney for more information.
January 2023
As originally enacted, the Affordable Care Act (“ACA”) required most people to maintain health insurance. Those who did not maintain the required insurance were obligated to pay a “shared responsibility payment” (“SRP”), often referred to as the ACA “individual mandate,” through their annual federal income tax returns. Although the SRP was repealed as of 2019, the repeal did not excuse taxpayers from paying the SRP for tax years 2018 and earlier.
In the fourth circuit, a debtor filed a Chapter 13 bankruptcy case. The IRS filed a proof of claim for the unpaid SRP and asserted that the claim was entitled to priority under Bankruptcy Code § 507(a)(8). That section affords priority to a claim for a “tax on or measured by income or gross receipts for a taxable year ending on or before the date of the filing of the petition.”
The Debtors objected to the claim, asserting that the SRP was not a “tax,” but a “penalty” assessed against them for failing to maintain health insurance. They relied on the Supreme Court’s decision in National Federation of Independent Business v. Sebelius in which the Court held that the SRP was not a tax for purposes of the Anti-Injunction Act. That Act prohibits lawsuits to “restrain the assessment or collection of any tax.”
The IRS also relied on Sebelius. It noted that, although the Supreme Court held that the SRP was not a tax for purposes of the Anti-Injunction Act, it also said that whether the SRP was a tax for purposes of that Act “does not determine whether the payment may be viewed as an exercise of Congress’s taxing power” and that the SRP was constitutional because it fell within the taxing power.
The Bankruptcy Court agreed with the Debtors. So did the United States District Court on appeal. The IRS appealed the lower court decisions in favor of the Debtors to the Fourth Circuit. The Fourth Circuit sided with the IRS and reversed the decisions of the lower courts.
2022
November 2022
The Department of Justice has issued new guidance regarding adversary proceedings seeking to discharge federal student loans in bankruptcy. This new ruling hopes to make a discharge more available to debtors. Student loans are the second largest category of consumer debt, and is hopeful that the new guidance will assist debtors in alleviating this growing economic burden. Please check with your attorney for details and to determine if you are eligible.
August 2022
Congress extended the higher debt limit for Subchapter V, and also included a provision combining the two current debt limits for a Chapter 13 filing into a single higher figure of $2.75 million. Apparently due to some concerns over the effect of the higher debt limit for Chapter 13, the changes were again only made applicable for two years. The “Bankruptcy Threshold Adjustment and Technical Corrections Act” was signed it into law, keeping the increased debt limits in place until well into 2024.
July 2022
A little bit of Trivia:
The bill to extend the higher debt limit for Subchapter V was introduced by Sen. Charles Grassley (R-Iowa) who has been active in bankruptcy-related issues since 1980 when he came to Congress only two years after the current Bankruptcy Code was enacted. He will be 89 in September and is running for his eighth term this fall.
June 2022
Commercial chapter 11 filings in June increased 29 percent from the number of filings in June 2021. Noncommercial bankruptcy filings totaled 30,311 in June 2022, also a 6 percent decrease from the June 2021
May 2022
The Means Test (calculations that inform the filer if they qualify to file a Chapter 7 bankruptcy) figures have been revised and are effective May 15, 2022: The IRS National Standards for Bankruptcy Allowable Living Expenses (BALE) and Local Transportation Expense Standards have been updated.
April 2022
1) The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) is no longer in effect as of March 28, 2022. As a result many bankruptcy forms have changed. Your attorney will guide you through this process.
2) The Census Bureau's Median Family Income Data are revised effective April 1, 2022. Please visit the United States Census Bureau website for details and more information.
March 2022
There will be a CARE presentation on Friday, March 25th at the U. S. Bankruptcy Court located at 230 N. 1st Avenue, Suite 101, Phoenix, AZ . Judge Wanslee will provide a tour of the court and Tracy Essig will be one of the presenters. There will be two groups who will be attending the program: Grades 4 through 6 and Teens.
Credit Abuse Resistance Education (CARE) is a national program founded by the U.S. Bankruptcy Court, WDNY and the Bankruptcy Committee of the Monroe County Bar Association. It was founded in 2002 by U.S. Bankruptcy Court, Chief Judge John C. Ninfo, II (retired).
CARE is a free financial literacy initiative that makes experienced members of the Bankruptcy Community available to teach the importance of financial education. These presentations are available to educational establishments. CARE's primary target is high school students and college freshmen who are most at risk because they are aggressively marketed by the credit card industry at a time when they carry a very low Financial I.Q.
CARE has a presence in all 50 states and the District of Columbia.
2021
June 2021
THIS IS AN IMPORTANT CHANGE IN THE LAW AND MAY IMPACT THOSE WHO FILE BANKRUPTCY. THIS LAW TAKES EFFECT ON JANUARY 1, 2022. Bankruptcy filers look for a discharge which protects them from personal liability (i.e. a creditor is no longer able to sue for a debt that has been discharged or lien/levy/garnish a debtor for the debt). The purpose of a bankruptcy discharge is to give an individual a fresh start by eliminating dischargeable debts. This law may adversely affect refinancing of homes or HELOC (home equity line of credit).
HB 2617: JUDGMENTS; LIENS; HOMESTEAD
Long awaited and beneficial is the increase of the homestead exemption to $250,000, from $150,000.
Unexpected and detrimental to debtors is that any civil judgment becomes a lien on the real property of the judgment debtor, including the judgment debtor's homestead property, that is located in the county in which the judgment is recorded, whether the property is then owned by the judgment debtor or is later acquired, from the time of recording until satisfied or lifted. Applies retroactively to all valid judgments, without regard to when the judgment was recorded. Civil judgments that are recorded on or after September 13, 2013, or that were recorded before September 13, 2013 and that were current and collectible under the laws applicable on that date are exempt from statute allowing a writ of execution or other process to be issued to enforce a judgment. Judgments creditors have a priority claim over the homeowner on any cash proceeds from refinancing the homestead property. Previously, all civil judgments obtained by the state attached to homestead property and were exempt.
The Homestead Exemption has been increased to $250,000, but judgment creditors will be able to get to the equity in the Homestead Exemption prior to the owner of the house/judgment debtor. The net effect is that the Homestead Exemption will be rendered void (or significantly limited) in the event there are properly recorded judgments against an individual(s). The Homestead Exemption used to (and prior to this law takes effect) trumped judgment creditors. Now? Past and future recorded judgments will attach to the equity in a person's residence and will be ahead of the exemption.
May 2021
Homestead exemptions: If you have more than one property for which the homestead exemption could apply, a creditor might require that you designate which property you want to be exempted. See your attorney and be sure to address this issue before you consider filing bankruptcy and to be sure that your attorney is familiar with the current laws regarding homestead exemptions .
March 2021
A new bankruptcy chapter “Subchapter V” which is the Small Business Reorganization Act, Subchapter V of the Chapter 11 of the Bankruptcy Code. It is anticipated that Subchapter V filings may increase as PPP “Paycheck Protection Program” funds deplete or the program funding expires. Businesses may be unable to meet the loan forgiveness criteria may wish to review the option of filing a Subchapter V bankruptcy. Please consult your attorney for details and guidance on the various bankruptcy chapters that are available and which bankruptcy type, if any, may be an option for you to choose.
February 2021
The CARES Act made modifications to the Bankruptcy Code ie. expanding some repayments of debt from 5 years to 7 years and provided stimulus relief funds to individuals are exempt and not considered income for bankruptcy purposes. NOTE: Consult a tax professional for information regarding tax filing requirements and advice on funds that may be taxable.
A new bill pending in Congress may provide for different types of payments plans for the debts that are not dischargeable and may allow for the discharge of certain student loan debt.
2020
September 2020
Arizona has a homestead exemption which allows a homeowner to protect $150,000 in equity from general creditors. It does not apply to mortgage companies or any creditor who has a consensual lien from the homeowner. The homestead exemption is applicable in bankruptcy filing. Property tax exemptions are different from the homestead exemption. These are limited exemptions for residential properties and reserved for some disabled owners and senior citizens with limited assets.