Utah Code 59-12-402.5. Capital city revitalization sales and use tax — Deadline — Rate — Collection fees — Imposition
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(1) As used in this section:
Terms Used In Utah Code 59-12-402.5
- Agreement: means the Streamlined Sales and Use Tax Agreement adopted on November 12, 2002, including amendments made to the Streamlined Sales and Use Tax Agreement after November 12, 2002. See Utah Code 59-12-102
- Aircraft: means the same as that term is defined in Section
72-10-102 . See Utah Code 59-12-102 - Bundled transaction: means the sale of two or more items of tangible personal property, products, or services if the tangible personal property, products, or services are:(19)(a)(i) distinct and identifiable; and(19)(a)(ii) sold for one nonitemized price. See Utah Code 59-12-102
- City: includes , depending on population, a metro township as defined in Section
10-3c-102 . See Utah Code 68-3-12.5- Food and food ingredients: includes an item described in Subsection (99)(b)(iii). See Utah Code 59-12-102
- Manufactured home: means the same as that term is defined in Section
15A-1-302 . See Utah Code 59-12-102- Mobile home: means the same as that term is defined in Section
15A-1-302 . See Utah Code 59-12-102- Modular home: means a modular unit as defined in Section
15A-1-302 . See Utah Code 59-12-102- 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- sales price: include :
(107)(b)(i) the seller's cost of the tangible personal property, a product transferred electronically, or services sold;(107)(b)(ii) expenses of the seller, including:(107)(b)(ii)(A) the cost of materials used;(107)(b)(ii)(B) a labor cost;(107)(b)(ii)(C) a service cost;(107)(b)(ii)(D) interest;(107)(b)(ii)(E) a loss;(107)(b)(ii)(F) the cost of transportation to the seller; or(107)(b)(ii)(G) a tax imposed on the seller;(107)(b)(iii) a charge by the seller for any service necessary to complete the sale; or(107)(b)(iv) consideration a seller receives from a person other than the purchaser if:(107)(b)(iv)(A)(107)(b)(iv)(A)(I) the seller actually receives consideration from a person other than the purchaser; and(107)(b)(iv)(A)(II) the consideration described in Subsection (107)(b)(iv)(A)(I) is directly related to a price reduction or discount on the sale;(107)(b)(iv)(B) the seller has an obligation to pass the price reduction or discount through to the purchaser;(107)(b)(iv)(C) the amount of the consideration attributable to the sale is fixed and determinable by the seller at the time of the sale to the purchaser; and(107)(b)(iv)(D)(107)(b)(iv)(D)(I)(107)(b)(iv)(D)(I)(Aa) the purchaser presents a certificate, coupon, or other documentation to the seller to claim a price reduction or discount; and(107)(b)(iv)(D)(I)(Bb) a person other than the seller authorizes, distributes, or grants the certificate, coupon, or other documentation with the understanding that the person other than the seller will reimburse any seller to whom the certificate, coupon, or other documentation is presented;(107)(b)(iv)(D)(II) the purchaser identifies that purchaser to the seller as a member of a group or organization allowed a price reduction or discount, except that a preferred customer card that is available to any patron of a seller does not constitute membership in a group or organization allowed a price reduction or discount; or(107)(b)(iv)(D)(III) the price reduction or discount is identified as a third party price reduction or discount on the:(107)(b)(iv)(D)(III)(Aa) invoice the purchaser receives; or(107)(b)(iv)(D)(III)(Bb) certificate, coupon, or other documentation the purchaser presents. See Utah Code 59-12-102- Use: means the exercise of any right or power over tangible personal property, a product transferred electronically, or a service under Subsection
59-12-103 (1), incident to the ownership or the leasing of that tangible personal property, product transferred electronically, or service. See Utah Code 59-12-102- vehicle: includes :
(150)(b)(i) a vehicle described in Subsection (150)(a); or(150)(b)(ii)(150)(b)(ii)(A) a locomotive;(150)(b)(ii)(B) a freight car;(150)(b)(ii)(C) railroad work equipment; or(150)(b)(ii)(D) other railroad rolling stock. See Utah Code 59-12-102- Watercraft: means a vessel as defined in Section
73-18-2 . See Utah Code 59-12-102(1)(a) “Local government” means a first class city located within a first class county.(1)(b) “Project area” means the same as that term is defined in Section63N-3-1401 .(2) The legislative body of the local government may impose a sales and use tax under this section if the legislative body, on or before December 31, 2024:(2)(a) complies with the requirements of Title 63N, Chapter 3, Part 13, Capital City Revitalization Zone;(2)(b) gives final approval to an application by giving final approval of a project zone and a participation agreement as provided in Section63N-3-1406 ; and(2)(c) imposes the tax according to the procedures and requirements of Section63N-3-1406 .(3)(3)(a) The tax rate may not exceed .5%.(3)(b) The tax imposed under this section may not be imposed for a period greater than 30 years, beginning on the date of the first imposition of the tax.(4) Except as provided in Subsection (5), the local government shall impose a tax under this section on the transactions described in Subsection59-12-103 (1).(5) A local government may not impose a tax under this section on:(5)(a) the sale of:(5)(a)(i) a motor vehicle;(5)(a)(ii) an aircraft;(5)(a)(iii) a watercraft;(5)(a)(iv) a modular home;(5)(a)(v) a manufactured home; or(5)(a)(vi) a mobile home;(5)(b) the sales and uses described in Section59-12-104 to the extent the sales and uses are exempt from taxation under Section59-12-104 ; and(5)(c) except as provided in Subsection (7), amounts paid or charged for food and food ingredients.(6) For purposes of this section, the location of a transaction is determined in accordance with Sections59-12-211 through59-12-215 .(7) A local government that imposes a tax under this section shall impose the tax on the purchase price or the sales price for amounts paid or charged for food and food ingredients if the food and food ingredients are sold as part of a bundled transaction attributable to food and food ingredients and tangible personal property other than food and food ingredients.(8) A local government may impose a tax under this section by majority vote of the members of the local government’s legislative body in compliance with the procedures and requirements of Title 63N, Chapter 3, Part 13, Capital City Revitalization Zone.(9) A military installation development authority may not impose a tax under this section.(10)(10)(a) The commission shall distribute the revenue collected from the tax under this section on transactions occurring within the district sales tax area as defined in Section11-70-101 to the Utah Fairpark Area Investment and Restoration District created in Section11-70-201 .(10)(b) The commission shall distribute the revenue collected outside of the district sales tax area referenced in Subsection (10)(a) to the local government.(11) A local government shall use revenue referenced in Subsection (10)(b) only:(11)(a) within the project area defined in Section63N-3-1401 ; and(11)(b) for the allowable uses under Section63N-3-1403 . - City: includes , depending on population, a metro township as defined in Section