Summary:
A canvassing by personnel in the Tax and Licensing Division of Finance approximately 5-6 months ago resulted in an audit of a dance studio. That business is subject to taxation under Local Option H - Amusements of the Model City Tax Code as amended in 1995. Further examination of this category revealed that gymnastics and martial arts studios are also subject to the tax. Several of those business owners have expressed surprise and disagreement regarding the tax determination.
City staff has thoroughly researched this and standby that interpretation of the code. However, in that research, Section 42-6055 of the Arizona Revised Statutes was identified as a provision that could appropriately apply to this situation. This provision authorizes “any city or town” that adopted the model city tax code to “amend the effective date of any provision of the code, or amend the effective date for application to any specified class of tax payers of any provision of such code, to any date after the effective date of the original adoption of the code...in any case where the city or town determines that a prospective application of a provision may further substantial justice.”
No currently operating dance or martial arts studio in the City of Peoria was paying TPT at the time of the canvass; yet, the Tax and Licensing Division has identified at least 18 businesses that potentially are subject to the tax. Additionally, extensive dialogue between staff and the businesses, as well as public comments by businesses at the October 17, 2023, Council meeting, indicate the businesses in this category have misinterpreted the tax liability Local Option H imposes on dance studios and similar businesses that charge for dance, sports, athletic, or other health-related activities or instruction. As a result, substantial questions have arisen regarding the impact of the otherwise lawful assessment of back taxes for such activity, particularly on the students of the businesses. Implementing section 6055 to prospectively apply Local Option H to this specified class of taxpayers would therefore advance substantial justice.
This agenda item proposes the City make use of A.R.S. 42-6055 and identify the specific classification to include dance, martial arts, and gymnastics studios engaged in the related instruction and set an effective date as of January 1, 2024.
As such, all TPT associated with these businesses and their associated instruction would only be due from the effective date forward. All TPT associated with retail or other activities of the business would remain consistent with City Code and subject to legally authorized back tax collection.
Ordinance 2023-XX establishes the effective date and details the specified class of taxpayers to be covered.