43-1096. Credit for income taxes paid by nonresident; definitions
A. Subject to the following conditions, nonresidents shall be allowed a credit against taxes imposed by this title for net income taxes imposed by and paid to the state or country of residence on income taxable under this title:
1. The credit shall be allowed only if the state or country of residence either does not tax income of residents of this state derived from sources within that state or country or allows residents of this state a credit against taxes imposed by that state or country on the income for taxes paid or payable under this title.
2. The credit shall not be allowed for taxes paid to a state or country that allows its residents a credit against the taxes imposed by that state or country for income taxes paid or payable under this title irrespective of whether its residents are allowed a credit against the taxes imposed by this title for income taxes paid to that state or country.
3. The credit shall be allowed only for the proportion of the taxes paid to the state or country of residence as the income taxable under this title and also subject to tax in the state or country of residence bears to the entire income on which the taxes paid to the state or country of residence are imposed.
4. The credit shall not exceed the proportion of the tax payable under this title as the income taxable under this title and also subject to tax in the state or country of residence bears to the entire income taxable under this title.
B. The taxpayer may apply the allowable credit only against Arizona income tax for the same taxable year in which the income is subject to tax in the other state.
C. If the taxpayer claims the credit for taxes paid to a foreign country, the taxpayer shall use the conversion rate in effect on the date the taxpayer paid the taxes to the foreign country.
D. For the purposes of this section:
1. " Entire income on which the taxes paid to the state or country of residence are imposed" means the other state's or country's adjusted gross income computed under the equivalent of section 43-1001, but does not include any exemption allowable under the equivalent of section 43-1023.
2. " Entire income taxable under this title" means Arizona adjusted gross income computed under section 43-1094 but does not include any exemption allowed under section 43-1023.
3. " Income taxable under this title and also subject to tax in the state or country of residence" means the portion of income that is included in entire income taxable under this title that is also included in the entire income on which the taxes paid to the state or country of residence are imposed. The taxpayer shall increase or reduce the portion of income that is included in the entire income taxable under this title by any related additions under section 43-1021 and by any related subtractions under section 43-1022. The taxpayer shall increase or reduce the portion of income that is included in the entire income on which taxes paid to the state or country of residence are imposed by any related additions and subtractions under the other state's equivalent of sections 43-1021 and 43-1022, as applicable.
4. " Net income tax" :
(a) Means:
(i) A tax that grants deductions or exemptions from gross income.
(ii) Any tax imposed by another country that qualifies for a credit under sections 901 and 903 of the internal revenue code and the regulations under those sections, even if withheld from income.
(b) Except as specifically included in subdivision (a) of this paragraph, does not include:
(i) A system of taxation that assesses taxes on gross income, gross receipts or gross dividends.
(ii) Taxes withheld from income.
5. " Tax payable under this title" means the income tax imposed by this state on the taxpayer's taxable income computed under section 43-1095 minus any tax credit amount claimed for the taxable year under article 5 of this chapter but not including the credit amount allowed under this section.
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