Utah Code 59-12-104.4. Seller recordkeeping for purposes of higher education textbook exemption — Rulemaking authority
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(1) If a seller described in Subsection 59-12-104(71)(b) makes a sale of a textbook for a higher education course that is exempt under Subsection 59-12-104(71) , the seller shall keep a record verifying that the textbook is a textbook for a higher education course.
Terms Used In Utah Code 59-12-104.4
- Sale: includes :(118)(b)(i) installment and credit sales;(118)(b)(ii) any closed transaction constituting a sale;(118)(b)(iii) any sale of electrical energy, gas, services, or entertainment taxable under this chapter;(118)(b)(iv) any transaction if the possession of property is transferred but the seller retains the title as security for the payment of the price; and(118)(b)(v) any transaction under which right to possession, operation, or use of any article of tangible personal property is granted under a lease or contract and the transfer of possession would be taxable if an outright sale were made. See Utah Code 59-12-102
- Seller: includes a marketplace facilitator. See Utah Code 59-12-102
- Textbook for a higher education course: includes a textbook in electronic format. See Utah Code 59-12-102
(2) In accordance withTitle 63G, Chapter 3, Utah Administrative Rulemaking Act , the commission may make rules:(2)(a) prescribing the records a seller shall keep to verify that a textbook is a textbook for a higher education course; or(2)(b) to verify that 51% or more of a seller’s sales revenue for the previous calendar quarter are sales of a textbook for a higher education course.