PRESS RELEASE
Governor signs bill on tax break for
stillborn
children
Associated Press
May 10, 2004
Arizonans with stillborn children will be entitled to tax breaks under
a bill
signed into law by Gov. Janet Napolitano on Monday.
Starting with the 2004 tax year, the bill (SB13003) allows a $2,300
state
income-tax deduction from a taxpayer's federal adjusted gross income
for a
person who receives a certificate of birth resulting in stillbirth.
The bill's sponsor, Sen. Marilyn Jarrett, R-Mesa, said the tax break is
intended to help families for funeral expenses and other costs incurred
with
stillborns.
According to a legislative staff memo, there were approximately 600
stillbirths
annually in recent years in Arizona, resulting in approximately 400
certificates.
Legislative budget analysts estimated the new tax break's cost to the
state at
$34,000 to $51,000 annually.
The bill
language:
Arizona Revised Statutes
43-1023. Exemptions for blind persons, persons over sixty-five years of
age and
dependents
A. A taxpayer is allowed an exemption of one thousand five hundred
dollars:
1. For a taxpayer who is blind or if either the taxpayer's central
visual
acuity does not exceed 20/200 in the better eye with correcting lenses
or the
taxpayer's visual acuity is greater than 20/200 but is accompanied by a
limitation in the fields of vision such that the widest diameter of the
visual
field subtends an angle no greater than twenty degrees.
2. For the taxpayer's spouse if a separate return is made by the
taxpayer, if
the spouse is blind, as defined in paragraph 1 of this subsection, has
no
Arizona adjusted gross income for the calendar year in which the
taxable year
of the taxpayer begins and is not the dependent of another taxpayer.
For the
purposes of this paragraph, the determination of whether the spouse is
blind
shall be made at the close of the taxable year of the taxpayer. If the
spouse
dies during such taxable year, the determination shall be made as of
the time
of the spouse's death.
B. A taxpayer is allowed an exemption of two thousand three hundred
dollars
for:
1. Each dependent of the taxpayer, as defined in section 43-1001, and
subject
to the qualifications prescribed by section 151(c) of the internal
revenue
code.
2. Each person age sixty-five or older regardless of the person's
relationship
to the taxpayer:
(a) If the taxpayer pays more than one-fourth of the total cost of
maintaining
such person in a nursing care institution or residential care
institution
licensed pursuant to title 36, chapter 4, or an assisted living
facility
provider of a type certified pursuant to title 11, chapter 2, article
7, if
such payments exceed eight hundred dollars in the taxable year.
(b) If the taxpayer otherwise makes payments exceeding eight hundred
dollars in
the taxable year for home health care or other types of medical care.
3. For taxable years beginning from and after December 31, 2003, each
birth for
which a certificate of birth resulting in stillbirth has been issued
pursuant
to section 36-330 if the child otherwise would have been a member of
the
taxpayer's household. The taxpayer may claim the exemption under this
paragraph
only in the taxable year in which the stillbirth occurred.
C. For taxable years beginning from and after December 31, 1998, a
resident
taxpayer is allowed an exemption of ten thousand dollars for each
parent or
ancestor of a parent of the taxpayer, who is age sixty-five or older,
who
requires assistance with activities of daily living and who lives in
the
taxpayer's principal residence for the entire taxable year, if the
taxpayer
pays more than one-half of the person's total support and maintenance
costs. An
exemption under this subsection is in lieu of an exemption under
subsection B
of this section for the same person.
D. A taxpayer shall not take more than one exemption for the same
person under
either subsection B or C of this section.
E. A taxpayer is allowed an exemption of two thousand one hundred
dollars:
1. If the taxpayer has attained the age of sixty-five before the close
of the
taxable year filing a separate or joint return and the taxpayer is not
claimed
as a dependent by another taxpayer.
2. For the taxpayer's spouse if the spouse has attained the age of
sixty-five
before the close of the taxable year, a joint return is filed and the
spouse is
not a dependent of another taxpayer.
Also available here: http://www.azleg.state.az.us/ars/43/01023.htm
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