43-1022. Subtractions from Arizona gross income
In computing Arizona adjusted gross income, the following amounts shall be subtracted from Arizona gross income:
1. The amount of exemptions allowed by section 43-1023.
2. Benefits, annuities and pensions in an amount totaling not more than $2, 500 received from one or more of the following:
(a) The United States government service retirement and disability fund, the United States foreign service retirement and disability system and any other retirement system or plan established by federal law, except retired or retainer pay of the uniformed services of the United States that qualifies for a subtraction under paragraph 26 of this section.
(b) The Arizona state retirement system, the corrections officer retirement plan, the public safety personnel retirement system, the elected officials' retirement plan, an optional retirement program established by the Arizona board of regents under section 15-1628, an optional retirement program established by a community college district board under section 15-1451 or a retirement plan established for employees of a county, city or town in this state.
3. A beneficiary's share of the fiduciary adjustment to the extent that the amount determined by section 43-1333 decreases the beneficiary's Arizona gross income.
4. Interest income received on obligations of the United States, minus any interest on indebtedness, or other related expenses, and deducted in arriving at Arizona gross income, that were incurred or continued to purchase or carry such obligations.
5. The excess of a partner's share of income required to be included under section 702(a)(8) of the internal revenue code over the income required to be included under chapter 14, article 2 of this title.
6. The excess of a partner's share of partnership losses determined pursuant to chapter 14, article 2 of this title over the losses allowable under section 702(a)(8) of the internal revenue code.
7. The amount allowed by section 43-1025 for contributions during the taxable year of agricultural crops to charitable organizations.
8. The portion of any wages or salaries paid or incurred by the taxpayer for the taxable year that is equal to the amount of the federal work opportunity credit, the empowerment zone employment credit, the credit for employer paid social security taxes on employee cash tips and the Indian employment credit that the taxpayer received under sections 45A, 45B, 51(a) and 1396 of the internal revenue code.
9. The amount of exploration expenses that is determined pursuant to section 617 of the internal revenue code, that has been deferred in a taxable year ending before January 1, 1990 and for which a subtraction has not previously been made. The subtraction shall be made on a ratable basis as the units of produced ores or minerals discovered or explored as a result of this exploration are sold.
10. The amount included in federal adjusted gross income pursuant to section 86 of the internal revenue code, relating to taxation of social security and railroad retirement benefits.
11. To the extent not already excluded from Arizona gross income under the internal revenue code, compensation received for active service as a member of the reserves, the national guard or the armed forces of the United States, including compensation for service in a combat zone as determined under section 112 of the internal revenue code.
12. The amount of unreimbursed medical and hospital costs, adoption counseling, legal and agency fees and other nonrecurring costs of adoption not to exceed $3, 000. In the case of a husband and wife who file separate returns, the subtraction may be taken by either taxpayer or may be divided between them, but the total subtractions allowed both husband and wife may not exceed $3, 000. The subtraction under this paragraph may be taken for the costs that are described in this paragraph and that are incurred in prior years, but the subtraction may be taken only in the year during which the final adoption order is granted.
13. The amount authorized by section 43-1027 for the taxable year relating to qualified wood stoves, wood fireplaces or gas fired fireplaces.
14. The amount by which a net operating loss carryover or capital loss carryover allowable pursuant to section 43-1029, subsection F exceeds the net operating loss carryover or capital loss carryover allowable pursuant to section 1341(b)(5) of the internal revenue code.
15. Any amount of qualified educational expenses that is distributed from a qualified state tuition program determined pursuant to section 529 of the internal revenue code and that is included in income in computing federal adjusted gross income.
16. Any item of income resulting from an installment sale that has been properly subjected to income tax in another state in a previous taxable year and that is included in Arizona gross income in the current taxable year.
17. For property placed in service:
(a) In taxable years beginning before December 31, 2012, an amount equal to the depreciation allowable pursuant to section 167(a) of the internal revenue code for the taxable year computed as if the election described in section 168(k) of the internal revenue code had been made for each applicable class of property in the year the property was placed in service.
(b) In taxable years beginning from and after December 31, 2012 through December 31, 2013, an amount determined in the year the asset was placed in service based on the calculation in subdivision (a) of this paragraph. In the first taxable year beginning from and after December 31, 2013, the taxpayer may elect to subtract the amount necessary to make the depreciation claimed to date for the purposes of this title the same as it would have been if subdivision (c) of this paragraph had applied for the entire time the asset was in service. Subdivision (c) of this paragraph applies for the remainder of the asset's life. If the taxpayer does not make the election under this subdivision, subdivision (a) of this paragraph applies for the remainder of the asset's life.
(c) In taxable years beginning from and after December 31, 2013 through December 31, 2015, an amount equal to the depreciation allowable pursuant to section 167(a) of the internal revenue code for the taxable year as computed as if the additional allowance for depreciation had been ten percent of the amount allowed pursuant to section 168(k) of the internal revenue code.
(d) In taxable years beginning from and after December 31, 2015 through December 31, 2016, an amount equal to the depreciation allowable pursuant to section 167(a) of the internal revenue code for the taxable year as computed as if the additional allowance for depreciation had been fifty-five percent of the amount allowed pursuant to section 168(k) of the internal revenue code.
(e) In taxable years beginning from and after December 31, 2016, an amount equal to the depreciation allowable pursuant to section 167(a) of the internal revenue code for the taxable year as computed as if the additional allowance for depreciation had been the full amount allowed pursuant to section 168(k) of the internal revenue code.
18. With respect to property that is sold or otherwise disposed of during the taxable year by a taxpayer that complied with section 43-1021, paragraph 11 with respect to that property, the amount of depreciation that has been allowed pursuant to section 167(a) of the internal revenue code to the extent that the amount has not already reduced Arizona taxable income in the current or prior taxable years.
19. The amount contributed during the taxable year to college savings plans established pursuant to section 529 of the internal revenue code on behalf of the designated beneficiary to the extent that the contributions were not deducted in computing federal adjusted gross income. The amount subtracted may not exceed:
(a) $2, 000 per beneficiary for a single individual or a head of household.
(b) $4, 000 per beneficiary for a married couple filing a joint return. In the case of a husband and wife who file separate returns, the subtraction may be taken by either taxpayer or may be divided between them, but the total subtractions allowed both husband and wife may not exceed $4, 000 per beneficiary.
20. The portion of the net operating loss carryforward that would have been allowed as a deduction in the current year pursuant to section 172 of the internal revenue code if the election described in section 172(b)(1)(H) of the internal revenue code had not been made in the year of the loss that exceeds the actual net operating loss carryforward that was deducted in arriving at federal adjusted gross income. This subtraction only applies to taxpayers who made an election under section 172(b)(1)(H) of the internal revenue code as amended by section 1211 of the American recovery and reinvestment act of 2009 (P.L. 111-5) or as amended by section 13 of the worker, homeownership, and business assistance act of 2009 (P.L. 111-92).
21. For taxable years beginning from and after December 31, 2013, the amount of any net capital gain included in federal adjusted gross income for the taxable year derived from investment in a qualified small business as determined by the Arizona commerce authority pursuant to section 41-1518.
22. An amount of any net long-term capital gain included in federal adjusted gross income for the taxable year that is derived from an investment in an asset acquired after December 31, 2011, as follows:
(a) For taxable years beginning from and after December 31, 2012 through December 31, 2013, ten percent of the net long-term capital gain included in federal adjusted gross income.
(b) For taxable years beginning from and after December 31, 2013 through December 31, 2014, twenty percent of the net long-term capital gain included in federal adjusted gross income.
(c) For taxable years beginning from and after December 31, 2014, twenty-five percent of the net long-term capital gain included in federal adjusted gross income. For the purposes of this paragraph, a transferee that receives an asset by gift or at the death of a transferor is considered to have acquired the asset when the asset was acquired by the transferor. If the date an asset is acquired cannot be verified, a subtraction under this paragraph is not allowed.
23. If an individual is not claiming itemized deductions pursuant to section 43-1042, the amount of premium costs for long-term care insurance, as defined in section 20-1691.
24. The amount of eligible access expenditures paid or incurred during the taxable year to comply with the requirements of the Americans with disabilities act of 1990 (P.L. 101-336) or title 41, chapter 9, article 8 as provided by section 43-1024.
25. For taxable years beginning from and after December 31, 2017, the amount of any net capital gain included in Arizona gross income for the taxable year that is derived from the exchange of one kind of legal tender for another kind of legal tender. For the purposes of this paragraph:
(a) " Legal tender" means a medium of exchange, including specie, that is authorized by the United States Constitution or Congress to pay debts, public charges, taxes and dues.
(b) " Specie" means coins having precious metal content.
26. Benefits, annuities and pensions received as retired or retainer pay of the uniformed services of the United States in amounts as follows:
(a) For taxable years through December 31, 2018, an amount totaling not more than $2, 500.
(b) For taxable years beginning from and after December 31, 2018 through December 31, 2020, an amount totaling not more than $3, 500.
(c) For taxable years beginning from and after December 31, 2020, the full amount received.
27. For taxable years beginning from and after December 31, 2020, the amount contributed during the taxable year to an achieving a better life experience account established pursuant to section 529A of the internal revenue code on behalf of the designated beneficiary to the extent that the contributions were not deducted in computing federal adjusted gross income. The amount subtracted may not exceed:
(a) $2, 000 per beneficiary for a single individual or a head of household.
(b) $4, 000 per beneficiary for a married couple filing a joint return. In the case of a husband and wife who file separate returns, the subtraction may be taken by either taxpayer or may be divided between them, but the total subtractions allowed both husband and wife may not exceed $4, 000 per beneficiary.
28. For taxable years beginning from and after December 31, 2020, Arizona small business gross income but only if an individual taxpayer has elected to separately report and pay tax on the taxpayer's Arizona small business adjusted gross income on the Arizona small business income tax return.
29. To the extent not already excluded from Arizona gross income under the internal revenue code, the value of virtual currency and non-fungible tokens the taxpayer received pursuant to an airdrop at the time of the airdrop. This paragraph may not be interpreted as providing a subtraction for any appreciation in value that occurs from holding the virtual currency after the initial receipt of the airdrop. For the purposes of this paragraph:
(a) " Airdrop" means the receipt of virtual currency through a means of distribution of virtual currency to the distributed ledger addresses of multiple taxpayers.
(b) " Non-fungible token" has the same meaning prescribed in section 43-1028.
(c) " Virtual currency" has the same meaning prescribed in section 43-1028.
30. The amount allowed as a subtraction by section 43-1028 for gas fees not already included in the taxpayer's virtual currency or non-fungible token basis.
Structure Arizona Revised Statutes
§ 43-102 - Declaration of intent
§ 43-105 - Internal revenue code; definition; application
§ 43-201 - Preemption by state of income taxation
§ 43-204 - Repeal; savings clause
§ 43-206 - Urban revenue sharing fund; allocation; distribution; withholding
§ 43-208 - Administration and enforcement
§ 43-211 - I didn't pay enough fund
§ 43-212 - Individual income tax model; fiscal impact requests; staff access
§ 43-221 - Joint legislative income tax credit review committee; report
§ 43-222 - Income tax credit review schedule
§ 43-223 - Requirements for new income tax credits established by the legislature
§ 43-224 - Individual and corporate income tax credits; annual report; termination of unused credits
§ 43-225 - Affordable housing tax credit review committee; reports
§ 43-241 - Time for performance of acts; definition
§ 43-242 - Change of taxpayer organization; nontaxable event
§ 43-243 - State general fund revenue notification; tax rate adjustment
§ 43-244 - State general fund revenue notification; tax rate adjustment
§ 43-301 - Individual returns; definition
§ 43-302 - Arizona small business income tax return; election; revocation
§ 43-303 - Returns by agent or guardian
§ 43-305 - Fiduciary returns; two or more fiduciaries
§ 43-306 - Partnership returns
§ 43-307 - Corporation returns
§ 43-308 - Gross income defined for purposes of determination to file
§ 43-309 - Joint returns of husband and wife
§ 43-310 - Separate returns after filing joint returns
§ 43-311 - Joint return after filing separate return
§ 43-312 - Information return of sales; nonresident real estate transactions; escrow agents; reports
§ 43-321 - Information required in returns
§ 43-322 - Signature presumed to be taxpayer's
§ 43-323 - Place and form of filing returns
§ 43-324 - Rounding to the nearest dollar
§ 43-325 - Time for filing returns
§ 43-327 - Recomputation of tax or amended return due after federal adjustment; definition
§ 43-328 - Returns filed by persons outside the United States
§ 43-382 - Solicitation of return preparation prohibited; classification
§ 43-401 - Withholding tax; rates; election by employee
§ 43-402 - Definition of "employer"
§ 43-403 - Employment excluded from withholding
§ 43-405 - Extension of withholding to gambling winnings
§ 43-407 - Extension of withholding to unemployment compensation payments
§ 43-408 - Voluntary withholding on out-of-state wages
§ 43-409 - Job creation withholdings clearing account
§ 43-411 - Employer entitled to address of employee
§ 43-412 - Returns of withholding to be filed with department
§ 43-413 - Statement of withholding to employees
§ 43-414 - Liability for failure to withhold
§ 43-415 - Withholdings as trust fund for state
§ 43-416 - Failure to remit withholding; classification
§ 43-417 - Withholding without resort to legal action
§ 43-418 - Payroll service company; registration; definitions
§ 43-431 - Amounts withheld considered part payment of tax
§ 43-432 - Refund for excess withholding
§ 43-433 - Remedies for withheld taxes
§ 43-434 - Exemption in case of nonresident employees
§ 43-435 - Failure to collect and pay over tax; personal liability
§ 43-501 - When taxes are payable
§ 43-504 - Tax payments made in advance
§ 43-505 - Tax payments made to department; order of crediting
§ 43-562 - Husband and wife, liability for tax
§ 43-563 - Recovery of erroneous refunds
§ 43-567 - Lien for tax on trust income
§ 43-581 - Payment of estimated tax; rules; penalty; forms
§ 43-582 - Payment of estimated tax by corporations; penalty; forms
§ 43-583 - Payment of estimated tax by small business taxpayers; penalty; forms
§ 43-611 - Protest of tax deemed claim for refund
§ 43-612 - Contribution of portion of income tax refund to political parties trust fund
§ 43-613 - Contribution to child abuse prevention fund
§ 43-614 - Contribution of portion of refund to special olympics
§ 43-615 - Contribution to game, nongame, fish and endangered species fund
§ 43-616 - Contribution to neighbors helping neighbors fund
§ 43-617 - Contribution for solutions teams assigned to schools
§ 43-618 - Contribution to domestic violence services fund
§ 43-619 - Contribution to the spaying and neutering of animals fund
§ 43-620 - Contribution to veterans' donations fund
§ 43-621 - Contribution to I didn't pay enough fund
§ 43-622 - Contribution to sustainable state parks and roads fund
§ 43-645 - Interest on related items or where related taxpayers exist
§ 43-721 - Immediate assessment upon bankruptcy or receivership
§ 43-722 - Notice of bankruptcy or receivership to department
§ 43-723 - Claim for tax in case of bankruptcy or receivership
§ 43-724 - Collection of tax in case of bankruptcy or receivership
§ 43-901 - Taxable income computation
§ 43-902 - Period in which deductions and credits to be taken
§ 43-921 - Computation of tax when law changed
§ 43-922 - Payment or refund of tax when law changed
§ 43-923 - Change in tax rates
§ 43-931 - Change of accounting period; computation of income; due date of return
§ 43-932 - Return for a taxpayer not in existence throughout a complete taxable year
§ 43-941 - Allocation in the case of affiliated taxpayers
§ 43-942 - Allocation in the case of controlled corporations
§ 43-943 - Allocation in the case of husband and wife
§ 43-944 - Disclosure by department of basis of allocation
§ 43-945 - Allocation of exemptions for blind persons and persons over sixty-five years of age
§ 43-946 - Transactions between corporations and affiliated taxpayers
§ 43-947 - Consolidated returns by an affiliated group of corporations; definitions
§ 43-951 - Assessment against transferee for tax
§ 43-952 - Liability of transferee of assets
§ 43-953 - Period of limitation relating to transferees
§ 43-961 - Items not deductible in computation of taxable income
§ 43-1002 - Married person; application of definition
§ 43-1011 - Taxes and tax rates
§ 43-1011; Version 2 - Taxes and tax rates
§ 43-1012 - Optional tax table
§ 43-1013 - Income tax surcharge for public education
§ 43-1014 - Entity-level tax election; partnerships; S corporations; rules
§ 43-1711 - Taxes and tax rate
§ 43-1021 - Addition to Arizona gross income
§ 43-1022 - Subtractions from Arizona gross income
§ 43-1023 - Exemptions for blind persons and persons sixty-five years of age or older
§ 43-1024 - Americans with disabilities act access expenditures
§ 43-1025 - Agricultural crops contributed to charitable organizations; definitions
§ 43-1026 - Additions and subtractions; Arizona small business income tax returns
§ 43-1027 - Subtraction for wood stoves, wood fireplace or gas fired fireplaces; definitions
§ 43-1029 - Restoration of a substantial amount held under claim of right; computation of tax
§ 43-1121 - Additions to Arizona gross income; corporations
§ 43-1122 - Subtractions from Arizona gross income; corporations
§ 43-1123 - Net operating loss; definition
§ 43-1124 - Americans with disabilities act access expenditures
§ 43-1125 - Domestic international sales corporation
§ 43-1126 - Small business corporation; election as to taxable status; return; termination
§ 43-1127 - Deferred exploration expenses
§ 43-1130 - Amortization of the cost of child care facilities
§ 43-1130.01 - Restoration of a substantial amount held under claim of right; computation of tax
§ 43-1331 - Additions to Arizona gross income; estates and trusts
§ 43-1332 - Subtractions from Arizona gross income; estates and trusts
§ 43-1333 - Fiduciary adjustment; allocation of shares
§ 43-1041 - Optional standard deduction
§ 43-1042 - Itemized deductions
§ 43-1071 - Credit for income taxes paid to other states; definitions
§ 43-1072.01 - Credit for increased excise taxes paid
§ 43-1072.02 - Credit for increased transaction privilege or excise tax paid for education
§ 43-1073 - Family income tax credit
§ 43-1073.01 - Dependent tax credit
§ 43-1074 - Credit for new employment
§ 43-1074.01 - Credit for increased research activities
§ 43-1074.02 - Credit for investment in qualified small businesses
§ 43-1075 - Affordable housing tax credit
§ 43-1076.01 - Healthy forest production tax credit; definitions
§ 43-1077 - Credit for entity-level income tax
§ 43-1078 - Credit for Arizona small business excess credit amount
§ 43-1079.01 - Credit for employing national guard members
§ 43-1081.01 - Credit for agricultural pollution control equipment
§ 43-1083 - Credit for solar energy devices
§ 43-1083.02 - Renewable energy production tax credit; definitions
§ 43-1083.03 - Credit for qualified facilities
§ 43-1084 - Credit for agricultural water conservation system
§ 43-1085 - Credit for solar energy devices; commercial and industrial applications
§ 43-1086 - Credit for donation to the military family relief fund subaccounts
§ 43-1088 - Credit for contribution to qualifying charitable organizations; definitions
§ 43-1089 - Credit for contributions to school tuition organization
§ 43-1089.01 - Tax credit; public school fees and contributions; definitions
§ 43-1089.02 - Credit for donation of school site
§ 43-1089.03 - Credit for contributions to certified school tuition organization
§ 43-1741 - Credit for income taxes paid to other states; definitions
§ 43-1742 - Individual income tax credits; applicability
§ 43-1091 - Gross income of a nonresident
§ 43-1092 - Intangible income of a nonresident
§ 43-1093 - Nonresident beneficiary of estate or trust income
§ 43-1094 - Adjusted gross income of a nonresident
§ 43-1095 - Apportionment of deductions
§ 43-1096 - Credit for income taxes paid by nonresident; definitions
§ 43-1097 - Change of residency status
§ 43-1098 - Apportionment of exemptions
§ 43-1099 - Applicability of article
§ 43-1111 - Tax rates for corporations
§ 43-1133 - Taxability in other state
§ 43-1134 - Allocation of nonbusiness income
§ 43-1135 - Net rents and royalties
§ 43-1136 - Capital gains and losses
§ 43-1137 - Interest and dividends
§ 43-1138 - Patent and copyright royalties
§ 43-1139 - Allocation of business income
§ 43-1141 - Valuation of property
§ 43-1142 - Average value of property
§ 43-1144 - Compensation paid in state
§ 43-1146 - Situs of sales of tangible personal property
§ 43-1147 - Situs of sales of other than tangible personal property; definitions
§ 43-1148 - Apportionment by department
§ 43-1151 - Tax clearance upon cessation of corporate activities
§ 43-1152 - Powers of corporation suspended for nonpayment of tax
§ 43-1153 - Certificate of suspension of a corporation
§ 43-1154 - Penalty for exercising powers after suspension
§ 43-1155 - Voidable contracts by corporations
§ 43-1156 - Application for revival of corporate powers
§ 43-1157 - Clearance of revivor by corporation commission
§ 43-1158 - Treatment of installment obligations on cessation of corporate activities
§ 43-1161 - Credit for new employment
§ 43-1162 - Healthy forest production tax credit; definitions
§ 43-1163 - Affordable housing tax credit
§ 43-1164 - Credit for solar energy devices; commercial and industrial applications
§ 43-1164.03 - Renewable energy production tax credit; definitions
§ 43-1164.04 - Credit for qualified facilities
§ 43-1167.01 - Credit for employing national guard members
§ 43-1168 - Credit for increased research activity
§ 43-1170 - Credit for pollution control equipment
§ 43-1175 - Credit for employment of temporary assistance for needy families recipients
§ 43-1178 - Credit for taxes with respect to coal consumed in generating electrical power
§ 43-1181 - Credit for donation of school site
§ 43-1183 - Credit for contributions to school tuition organization
§ 43-1381 - Credit for taxes paid to other state or country
§ 43-1382 - Credit for entity-level income tax
§ 43-1201 - Organizations exempt from tax
§ 43-1202 - Feeder organizations not exempt from tax; definition
§ 43-1212 - Denial of exempt status due to prohibited transactions; restoration of exempt status
§ 43-1231 - Taxation of unrelated business income
§ 43-1241 - Returns of unrelated business income
§ 43-1242 - Information returns of tax-exempt organizations; definition
§ 43-1301 - Definitions; estates and trusts
§ 43-1311 - Tax imposed on estates and trusts; rates; annual adjustment
§ 43-1314 - Charge for estate or trust taxes upon estate or trust
§ 43-1315 - Liability of beneficiaries for trust taxes
§ 43-1361 - Certificate of payment of taxes
§ 43-1362 - Request for certificate
§ 43-1363 - Effect of certificate
§ 43-1364 - Liability of fiduciary for nonpayment of estate or trust taxes
§ 43-1365 - Request for prompt assessment
§ 43-1366 - Notice of fiduciary relationship
§ 43-1411 - Partnership, individual partnership liability
§ 43-1412 - Partner's distributive share
§ 43-1413 - Year in which partnership income is includible
§ 43-1414 - Federal assessment of imputed underpayment; definitions
§ 43-1502 - Certification as a school tuition organization
§ 43-1503 - Operational requirements for school tuition organizations
§ 43-1504 - Special provisions; corporate donations for low-income scholarships; rules
§ 43-1506 - Annual report; posting
§ 43-1507 - Audits and financial reviews
§ 43-1602 - Certification as a school tuition organization
§ 43-1603 - Operational requirements for school tuition organizations; notice; qualified schools
§ 43-1604 - Annual report; posting
§ 43-1605 - Audits and financial reviews
§ 43-1721 - Additions and subtractions to Arizona small business gross income