Section R15-5-2110. Security Deposits

Gross receipts from customer deposits that are held as security for payment of utility billings are not subject to tax until recognized as income. A deposit that is not applied to a customer’s bill or refunded to a customer when utility services are discontinued shall be presumed to be abandoned property if the customer does not claim it within the period established under A.R.S. Title 44, Chap- ter 3. Customer deposits that are presumed to be abandoned prop- erty  under  A.R.S.  Title  44,  Chapter  3,  shall  be  reported  and

delivered to the Department as unclaimed property. Amounts deliv- ered to the Department as unclaimed property are not included in the tax base. For example:

1.        A utility company requires a new customer to deposit

$150 before it provides utility service. The customer moves and notifies the utility company to discontinue ser- vice. The customer’s final bill is $130. The utility applies the deposit to the final bill and refunds $20 to the cus- tomer. The amount applied to the utility bill is recognized as income and subject to tax. The amount refunded to the customer is not recognized by the utility as income and is not subject to tax.

2.        A utility company requires a new customer to deposit

$150 before it provides utility service. The customer noti- fies the utility company to discontinue service. The cus- tomer’s final bill is $130. The utility applies the deposit to the final bill. The customer does not provide a forward- ing address to the utility. Therefore, the utility company is not able to refund the remaining $20 to the customer. The amount applied to the utility bill is recognized as income and subject to tax. The remaining $20 is presumed to be abandoned property if not claimed under A.R.S. Title 44, Chapter 3. The amount presumed to be abandoned prop- erty shall be reported and delivered to the Department as unclaimed property under A.R.S. Title 44, Chapter 3. The amount delivered to the Department as unclaimed prop- erty is not recognized as income by the utility and is not subject to tax.

Historical Note

Amended effective October 17, 1997 (Supp. 97-4).