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Terms Used In Utah Code 59-12-802

  • Affected area: means the portion of a county in which a tax is imposed under Subsection 59-12-802(4). See Utah Code 59-12-801
  • 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
  • County legislative body: means :
         (8)(a) the county commission, in the county commission or expanded county commission form of government established under Title 17, Chapter 52a, Changing Forms of County Government;
         (8)(b) the county council, in the county executive-council optional form of government authorized by Section 17-52a-203; and
         (8)(c) the county council, in the council-manager optional form of government authorized by Section 17-52a-204. See Utah Code 68-3-12.5
  • Emergency medical services: means the same as that term is defined in Section 53-2d-101. See Utah Code 59-12-801
  • Federally qualified health center: means the same as that term is defined in Utah Code 59-12-801
  • Food and food ingredients: includes an item described in Subsection (99)(b)(iii). See Utah Code 59-12-102
  • Freestanding urgent care center: means a facility that provides outpatient health care service:
         (4)(a) on an as-needed basis, without an appointment;
         (4)(b) to the public;
         (4)(c) for the diagnosis and treatment of a medical condition if that medical condition does not require hospitalization or emergency intervention for a life threatening or potentially permanently disabling condition; and
         (4)(d) including one or more of the following services:
              (4)(d)(i) a medical history physical examination;
              (4)(d)(ii) an assessment of health status; or
              (4)(d)(iii) treatment:
                   (4)(d)(iii)(A) for a variety of medical conditions; and
                   (4)(d)(iii)(B) that is commonly offered in a physician's office. See Utah Code 59-12-801
  • Land: includes :
         (18)(a) land;
         (18)(b) a tenement;
         (18)(c) a hereditament;
         (18)(d) a water right;
         (18)(e) a possessory right; and
         (18)(f) a claim. See Utah Code 68-3-12.5
  • Municipality: means a city or town. See Utah Code 59-12-801
  • Political subdivision: means a county, municipality, local district, or special service district. See Utah Code 59-12-801
  • Rural city hospital: means a hospital owned by a city that is located within a third, fourth, fifth, or sixth class county. See Utah Code 59-12-801
  • Rural county health care facility: means a:
         (9)(a) rural county hospital; or
         (9)(b) rural county nursing care facility. See Utah Code 59-12-801
  • Rural health clinic: means the same as that term is defined in Utah Code 59-12-801
  • 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
  • State: means the state of Utah, its departments, and agencies. 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
     (1)(a) A county legislative body of the following counties may impose a sales and use tax of up to 1% on the transactions described in Subsection 59-12-103(1) located within the county:

          (1)(a)(i) a county of the third, fourth, fifth, or sixth class; or
          (1)(a)(ii) a county of the second class that has:

               (1)(a)(ii)(A) a national park within or partially within the county’s boundaries; and
               (1)(a)(ii)(B) two or more state parks within or partially within the county’s boundaries.
     (1)(b) Notwithstanding Subsection (1)(a), a county legislative body may not impose a tax under this section on:

          (1)(b)(i) the sales and uses described in Section 59-12-104 to the extent the sales and uses are exempt from taxation under Section 59-12-104;
          (1)(b)(ii) a transaction to the extent a rural city hospital tax is imposed on that transaction in a city that imposes a tax under Section 59-12-804; and
          (1)(b)(iii) except as provided in Subsection (1)(d), amounts paid or charged for food and food ingredients.
     (1)(c) For purposes of this Subsection (1), the location of a transaction is determined in accordance with Sections 59-12-211 through 59-12-215.
     (1)(d) A county legislative body imposing a tax under this section shall impose the tax on the purchase price or 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.
(2)

     (2)(a) Except as provided in Subsection (5)(b), before imposing a tax under Subsection (1), a county legislative body shall obtain approval to impose the tax from a majority of the:

          (2)(a)(i) members of the county’s legislative body; and
          (2)(a)(ii) county’s registered voters voting on the imposition of the tax.
     (2)(b) The county legislative body shall conduct the election according to the procedures and requirements of Title 11, Chapter 14, Local Government Bonding Act.
(3) Subject to Subsection (4), a county legislative body may use money collected from a tax imposed under Subsection (1) to fund:

     (3)(a) for a county described in Subsection (1)(a)(i):

          (3)(a)(i) the following costs associated with a federally qualified health center within the county, a freestanding urgent care center within the county, a rural county health care facility within the county, or a rural health clinic within the county:

               (3)(a)(i)(A) ongoing operating expenses of the center, clinic, or facility;
               (3)(a)(i)(B) the acquisition of land for the center, clinic, or facility; or
               (3)(a)(i)(C) the design, construction, equipping, or furnishing of the center, clinic, or facility;
          (3)(a)(ii) rural emergency medical services within the county; or
          (3)(a)(iii) a combination of the activities described in this Subsection (3)(a); and
     (3)(b) for a county described in Subsection (1)(a)(ii), emergency medical services that are provided by a political subdivision within that county, subject to Subsection (5)(c).
(4)

     (4)(a) For a tax enacted on or after July 1, 2024, by a county described in Subsection (1)(a)(i), a county legislative body may use money collected from a tax imposed under Subsection (1) to fund:

          (4)(a)(i) the costs described in Subsection (3)(a)(i);
          (4)(a)(ii) the following activities to mitigate the impacts of visitors within the county:

               (4)(a)(ii)(A) emergency medical services;
               (4)(a)(ii)(B) solid waste disposal;
               (4)(a)(ii)(C) search and rescue activities;
               (4)(a)(ii)(D) law enforcement activities; or
               (4)(a)(ii)(E) fire protection services;
          (4)(a)(iii) avalanche forecasting within the county; or
          (4)(a)(iv) a combination of the activities described in this Subsection (4)(a).
     (4)(b) For a tax increased on or after July 1, 2024, by a county described in Subsection (1)(a)(i), a county legislative body may use the money collected from the increased tax rate to fund the activities described in Subsections (4)(a)(i) through (iv).
(5)

     (5)(a) A county described in Subsection (1)(a)(ii) may impose a tax under this section within a portion of the county if the affected area includes:

          (5)(a)(i) the entire unincorporated area of the county; and
          (5)(a)(ii) the entire boundaries of any municipality located within the affected area.
     (5)(b) Before a county described in Subsection (1)(a)(ii) may impose a tax under this section within a portion of the county, the county legislative body shall obtain approval to impose the tax from a majority of:

          (5)(b)(i) the members of the county’s legislative body;
          (5)(b)(ii) the county’s registered voters within the affected area voting on the imposition of the tax, in an election conducted according to the procedures and requirements of Title 11, Chapter 14, Local Government Bonding Act; and
          (5)(b)(iii)

               (5)(b)(iii)(A) the members of the legislative body of each municipality located within the affected area; or
               (5)(b)(iii)(B) the members of the governing body of a special service district established under Title 17D, Chapter 1, Special Service District Act, to provide emergency medical services within the affected area.
     (5)(c) A county described in Subsection (1)(a)(ii) that imposes a tax under this section within a portion of the county in accordance with this Subsection (5) may use the money collected from the tax to fund emergency medical services that are provided by a political subdivision within the affected area.
(6)

     (6)(a) A tax under this section shall be:

          (6)(a)(i) except as provided in Subsection (6)(b), administered, collected, and enforced in accordance with:

               (6)(a)(i)(A) the same procedures used to administer, collect, and enforce the tax under:

                    (6)(a)(i)(A)(I) Part 1, Tax Collection; or
                    (6)(a)(i)(A)(II) Part 2, Local Sales and Use Tax Act; and
               (6)(a)(i)(B) Chapter 1, General Taxation Policies; and
          (6)(a)(ii) levied for a period of 10 years and may be reauthorized at the end of the 10-year period by the county legislative body as provided in Subsection (1).
     (6)(b) A tax under this section is not subject to Subsections 59-12-205(2) through (5).
     (6)(c) A county legislative body shall distribute money collected from a tax under this section quarterly.
(7) The commission shall retain and deposit an administrative charge in accordance with Section 59-1-306 from the revenue the commission collects from a tax under this section.