When plaintiffs allege construction defect claims, they often claim that the contract between the builder and the purchaser has been breached. The breach of contract action may be maintained in Arizona subject to an 8-year statute of repose. A.R.S. § 12-552.
Construction contracting (business code 015)
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"Prime contractor" means a contractor who supervises, performs or coordinates the modification of any building, highway, road, railroad, excavation, manufactured building or other structure, project, development or improvement, including the contracting, if any, with any subcontractors or specialty contractors and who ...
Your rental activity should be reported under the 014 (personal property rental) business code. Your business' sales should be reported under the 017 (retail) business code because your business has physical nexus with Arizona.
This applies to licensees that are registered and have filed using business code 045 indicating that license is engaged in the business classification of residential rental. Residential rental is the rental of real property for a period of 30 or more consecutive days for residential (i.e. noncommercial) purposes only.
A total Transaction Privilege (Sales) Tax rate of 8.35%, (6.35% State and County, 2.00% Prescott), is imposed on the gross income of any person engaging in Construction Contracting. If tax has been neither separately charged nor separately collected, factoring of tax is allowed in computing taxable income.