2nd Sub. H.B. 54
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: A.V. Arthur 6
6 02-26-23 6:13 PM 6
H.B. 54
2nd Sub. (Gray)
Senator Daniel McCay proposes the following substitute bill:
1 TAX REVISIONS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Steve Eliason
5 Senate Sponsor: Daniel McCay
6Cosponsors:
7Nelson T. Abbott
8Carl R. Albrecht
9Melissa G. Ballard
10Brady Brammer
11Walt Brooks
12Kay J. Christofferson
13Tyler Clancy
14Paul A. Cutler
15Jon Hawkins
16Ken Ivory
17Colin W. Jack
Dan N. Johnson
Jason Kyle
Karianne Lisonbee
Anthony E. Loubet
Steven J. Lund
Jefferson Moss
Calvin R. Musselman
Michael J. Petersen
Karen M. Peterson
Thomas W. Peterson
Val L. Peterson
Candice B. Pierucci
Susan Pulsipher
Judy Weeks Rohner
Mike Schultz
Rex P. Shipp
Casey Snider
Robert M. Spendlove
Keven J. Stratton
Mark A. Strong
Jordan D. Teuscher
Douglas R. Welton
Stephen L. Whyte
Ryan D. Wilcox
18
19LONG TITLE
20General Description:
21 This bill modifies state tax provisions.
22Highlighted Provisions:
23 This bill:
*HB0054S02* 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
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24 <amends the corporate franchise and income tax rates;
25 <amends the individual income tax rate;
26 <adds to the taxpayer tax credit an additional Utah personal exemption in the year of
27a qualifying dependent's birth;
28 <expands eligibility for the social security benefits tax credit by increasing the
29thresholds for the income-based phaseout;
30 <modifies the calculation of the earned income tax credit;
31 <removes the state sales and use tax imposed on amounts paid or charged for food
32and food ingredients; and
33 <makes technical and conforming changes.
34Money Appropriated in this Bill:
35 None
36Other Special Clauses:
37 This bill provides a special effective date.
38 This bill provides retrospective operation.
39Utah Code Sections Affected:
40AMENDS:
41 59-7-104, as last amended by Laws of Utah 2022, Chapter 12
42 59-7-201, as last amended by Laws of Utah 2022, Chapter 12
43 59-10-104, as last amended by Laws of Utah 2022, Chapter 12
44 59-10-1018, as last amended by Laws of Utah 2021, Chapter 75
45 59-10-1042, as last amended by Laws of Utah 2022, Chapters 12, 258
46 59-10-1044, as enacted by Laws of Utah 2022, Chapter 12
47 59-12-102, as last amended by Laws of Utah 2021, Chapters 64, 367 and 414 and last
48amended by Coordination Clause, Laws of Utah 2021, Chapter 367
49 59-12-103, as last amended by Laws of Utah 2022, Chapters 77, 106 and 433
50 59-12-108, as last amended by Laws of Utah 2020, Chapters 294, 407
51 63N-2-502, as last amended by Laws of Utah 2020, Chapter 407
52 63N-7-301, as last amended by Laws of Utah 2022, Chapters 274, 362 and last
53amended by Coordination Clause, Laws of Utah 2022, Chapter 362
54 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
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55Be it enacted by the Legislature of the state of Utah:
56 Section 1. Section 59-7-104 is amended to read:
57 59-7-104. Tax -- Minimum tax.
58 (1) Each domestic and foreign corporation, except a corporation that is exempt under
59Section 59-7-102, shall pay an annual tax to the state based on the corporation's Utah taxable
60income for the taxable year for the privilege of exercising the corporation's corporate franchise
61or for the privilege of doing business in the state.
62 (2) The tax shall be [4.85] 4.65% of a corporation's Utah taxable income.
63 (3) The minimum tax a corporation shall pay under this chapter is $100.
64 Section 2. Section 59-7-201 is amended to read:
65 59-7-201. Tax -- Minimum tax.
66 (1) There is imposed upon each corporation, except a corporation that is exempt under
67Section 59-7-102, a tax upon the corporation's Utah taxable income for the taxable year that is
68derived from sources within this state other than income for any period that the corporation is
69required to include in the corporation's tax base under Section 59-7-104.
70 (2) The tax imposed by Subsection (1) shall be [4.85] 4.65% of a corporation's Utah
71taxable income.
72 (3) In no case shall the tax be less than $100.
73 Section 3. Section 59-10-104 is amended to read:
74 59-10-104. Tax basis -- Tax rate -- Exemption.
75 (1) A tax is imposed on the state taxable income of a resident individual as provided in
76this section.
77 (2) For purposes of Subsection (1), for a taxable year, the tax is an amount equal to the
78product of:
79 (a) the resident individual's state taxable income for that taxable year; and
80 (b) [4.85] 4.65%.
81 (3) This section does not apply to a resident individual exempt from taxation under
82Section 59-10-104.1.
83 Section 4. Section 59-10-1018 is amended to read:
84 59-10-1018. Definitions -- Nonrefundable taxpayer tax credits.
85 (1) As used in this section: 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
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86 (a) "Head of household filing status" means a head of household, as defined in Section
872(b), Internal Revenue Code, who files a single federal individual income tax return for the
88taxable year.
89 (b) "Joint filing status" means:
90 (i) spouses who file a single return jointly under this chapter for a taxable year; or
91 (ii) a surviving spouse, as defined in Section 2(a), Internal Revenue Code, who files a
92single federal individual income tax return for the taxable year.
93 (c) "Qualifying dependent" means an individual with respect to whom the claimant is
94allowed to claim a tax credit under Section 24, Internal Revenue Code, on the claimant's
95federal individual income tax return for the taxable year.
96 (d) "Single filing status" means:
97 (i) a single individual who files a single federal individual income tax return for the
98taxable year; or
99 (ii) a married individual who:
100 (A) does not file a single federal individual income tax return jointly with that married
101individual's spouse for the taxable year; and
102 (B) files a single federal individual income tax return for the taxable year.
103 (e) "State or local income tax" means the lesser of:
104 (i) the amount of state or local income tax that the claimant:
105 (A) pays for the taxable year; and
106 (B) reports on the claimant's federal individual income tax return for the taxable year,
107regardless of whether the claimant is allowed an itemized deduction on the claimant's federal
108individual income tax return for the taxable year for the full amount of state or local income tax
109paid; and
110 (ii) $10,000.
111 (f) (i) "Utah itemized deduction" means the amount the claimant deducts as allowed as
112an itemized deduction on the claimant's federal individual income tax return for that taxable
113year minus any amount of state or local income tax for the taxable year.
114 (ii) "Utah itemized deduction" does not include any amount of qualified business
115income that the claimant subtracts as allowed by Section 199A, Internal Revenue Code, on the
116claimant's federal income tax return for that taxable year. 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
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117 (g) "Utah personal exemption" means, subject to Subsection (6), $1,750 multiplied by
118the number of the claimant's qualifying dependents plus an additional qualifying dependent in
119the year of a qualifying dependent's birth.
120 (2) Except as provided in Section 59-10-1002.2, and subject to Subsections (3) through
121(5), a claimant may claim a nonrefundable tax credit against taxes otherwise due under this part
122equal to the sum of:
123 (a) (i) for a claimant that deducts the standard deduction on the claimant's federal
124individual income tax return for the taxable year, 6% of the amount the claimant deducts as
125allowed as the standard deduction on the claimant's federal individual income tax return for
126that taxable year; or
127 (ii) for a claimant that itemizes deductions on the claimant's federal individual income
128tax return for the taxable year, 6% of the amount of the claimant's Utah itemized deduction;
129and
130 (b) 6% of the claimant's Utah personal exemption.
131 (3) A claimant may not carry forward or carry back a tax credit under this section.
132 (4) The tax credit allowed by Subsection (2) shall be reduced by $.013 for each dollar
133by which a claimant's state taxable income exceeds:
134 (a) for a claimant who has a single filing status, $15,095;
135 (b) for a claimant who has a head of household filing status, $22,643; or
136 (c) for a claimant who has a joint filing status, $30,190.
137 (5) (a) For a taxable year beginning on or after January 1, 2022, the commission shall
138increase or decrease annually the following dollar amounts by a percentage equal to the
139percentage difference between the consumer price index for the preceding calendar year and
140the consumer price index for calendar year 2020:
141 (i) the dollar amount listed in Subsection (4)(a); and
142 (ii) the dollar amount listed in Subsection (4)(b).
143 (b) After the commission increases or decreases the dollar amounts listed in Subsection
144(5)(a), the commission shall round those dollar amounts listed in Subsection (5)(a) to the
145nearest whole dollar.
146 (c) After the commission rounds the dollar amounts as required by Subsection (5)(b),
147the commission shall increase or decrease the dollar amount listed in Subsection (4)(c) so that 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
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148the dollar amount listed in Subsection (4)(c) is equal to the product of:
149 (i) the dollar amount listed in Subsection (4)(a); and
150 (ii) two.
151 (d) For purposes of Subsection (5)(a), the commission shall calculate the consumer
152price index as provided in Sections 1(f)(4) and 1(f)(5), Internal Revenue Code.
153 (6) (a) For a taxable year beginning on or after January 1, 2022, the commission shall
154increase annually the Utah personal exemption amount listed in Subsection (1)(g) by a
155percentage equal to the percentage by which the consumer price index for the preceding
156calendar year exceeds the consumer price index for calendar year 2020.
157 (b) After the commission increases the Utah personal exemption amount as described
158in Subsection (6)(a), the commission shall round the Utah personal exemption amount to the
159nearest whole dollar.
160 (c) For purposes of Subsection (6)(a), the commission shall calculate the consumer
161price index as provided in Sections 1(f)(4) and 1(f)(5), Internal Revenue Code.
162 Section 5. Section 59-10-1042 is amended to read:
163 59-10-1042. Nonrefundable tax credit for social security benefits.
164 (1) As used in this section:
165 (a) "Head of household filing status" means the same as that term is defined in Section
16659-10-1018.
167 (b) "Joint filing status" means the same as that term is defined in Section 59-10-1018.
168 (c) "Married filing separately status" means a married individual who:
169 (i) does not file a single federal individual income tax return jointly with that married
170individual's spouse for the taxable year; and
171 (ii) files a single federal individual income tax return for the taxable year.
172 (d) "Modified adjusted gross income" means the sum of the following for a claimant
173or, if the claimant's return under this chapter is allowed a joint filing status, the claimant and
174the claimant's spouse:
175 (i) adjusted gross income for the taxable year for which a tax credit is claimed under
176this section;
177 (ii) any interest income that is not included in adjusted gross income for the taxable
178year described in Subsection (1)(d)(i); and 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
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179 (iii) any addition to adjusted gross income required by Section 59-10-114 for the
180taxable year described in Subsection (1)(d)(i).
181 (e) "Single filing status" means a single individual who files a single federal individual
182income tax return for the taxable year.
183 (f) "Social security benefit" means an amount received by a claimant as a monthly
184benefit in accordance with the Social Security Act, 42 U.S.C. Sec. 401 et seq.
185 (2) Except as provided in Section 59-10-1002.2 and Subsections (3) and (4), each
186claimant on a return that receives a social security benefit may claim a nonrefundable tax credit
187against taxes otherwise due under this part equal to the product of:
188 (a) the percentage listed in Subsection 59-10-104(2); and
189 (b) the claimant's social security benefit that is included in adjusted gross income on
190the claimant's federal income tax return for the taxable year.
191 (3) A claimant may not:
192 (a) carry forward or carry back the amount of a tax credit under this section that
193exceeds the claimant's tax liability for the taxable year; or
194 (b) claim a tax credit under this section for a taxable year if a tax credit under Section
19559-10-1019 is claimed on the claimant's return for the same taxable year.
196 (4) The tax credit allowed by Subsection (2) claimed on a return filed under this part
197shall be reduced by $.025 for each dollar by which modified adjusted gross income for
198purposes of the return exceeds:
199 (a) for a federal individual income tax return that is allowed a married filing separately
200status, [$31,000] $37,500;
201 (b) for a federal individual income tax return that is allowed a single filing status,
202[$37,000] $45,000;
203 (c) for a federal individual income tax return that is allowed a head of household filing
204status, [$62,000] $75,000; or
205 (d) for a return under this chapter that is allowed a joint filing status, [$62,000]
206$75,000.
207 (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
208commission may make rules governing the calculation and method for claiming the tax credit
209described in this section. 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
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210 Section 6. Section 59-10-1044 is amended to read:
211 59-10-1044. Nonrefundable earned income tax credit.
212 (1) As used in this section:
213 (a) "Federal earned income tax credit" means the federal earned income tax credit
214described in Section 32, Internal Revenue Code.
215 (b) "Qualifying claimant" means a resident or nonresident individual who:
216 (i) qualifies for and claims the federal earned income tax credit for the current taxable
217year[.]; and
218 (ii) earns income in Utah that is reported on a W-2 form.
219 (2) Subject to Section 59-10-1002.2, a qualifying claimant may claim a nonrefundable
220earned income tax credit equal to the lesser of:
221 (a) [15] 20% of the amount of the federal earned income tax credit that the qualifying
222claimant was entitled to claim on a federal income tax return for the current taxable year[.]; and
223 (b) the total Utah wages reported on the qualifying claimant's W-2 form for the current
224taxable year.
225 (3) A qualifying claimant may not carry forward or carry back the amount of the earned
226income tax credit that exceeds the qualifying claimant's tax liability.
227 Section 7. Section 59-12-102 is amended to read:
228 59-12-102. Definitions.
229 As used in this chapter:
230 (1) "800 service" means a telecommunications service that:
231 (a) allows a caller to dial a toll-free number without incurring a charge for the call; and
232 (b) is typically marketed:
233 (i) under the name 800 toll-free calling;
234 (ii) under the name 855 toll-free calling;
235 (iii) under the name 866 toll-free calling;
236 (iv) under the name 877 toll-free calling;
237 (v) under the name 888 toll-free calling; or
238 (vi) under a name similar to Subsections (1)(b)(i) through (v) as designated by the
239Federal Communications Commission.
240 (2) (a) "900 service" means an inbound toll telecommunications service that: 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
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241 (i) a subscriber purchases;
242 (ii) allows a customer of the subscriber described in Subsection (2)(a)(i) to call in to
243the subscriber's:
244 (A) prerecorded announcement; or
245 (B) live service; and
246 (iii) is typically marketed:
247 (A) under the name 900 service; or
248 (B) under a name similar to Subsection (2)(a)(iii)(A) as designated by the Federal
249Communications Commission.
250 (b) "900 service" does not include a charge for:
251 (i) a collection service a seller of a telecommunications service provides to a
252subscriber; or
253 (ii) the following a subscriber sells to the subscriber's customer:
254 (A) a product; or
255 (B) a service.
256 (3) (a) "Admission or user fees" includes season passes.
257 (b) "Admission or user fees" does not include:
258 (i) annual membership dues to private organizations; or
259 (ii) a lesson, including a lesson that involves as part of the lesson equipment or a
260facility listed in Subsection 59-12-103(1)(f).
261 (4) "Affiliate" or "affiliated person" means a person that, with respect to another
262person:
263 (a) has an ownership interest of more than 5%, whether direct or indirect, in that other
264person; or
265 (b) is related to the other person because a third person, or a group of third persons who
266are affiliated persons with respect to each other, holds an ownership interest of more than 5%,
267whether direct or indirect, in the related persons.
268 (5) "Agreement" means the Streamlined Sales and Use Tax Agreement adopted on
269November 12, 2002, including amendments made to the Streamlined Sales and Use Tax
270Agreement after November 12, 2002.
271 (6) "Agreement combined tax rate" means the sum of the tax rates: 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
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272 (a) listed under Subsection (7); and
273 (b) that are imposed within a local taxing jurisdiction.
274 (7) "Agreement sales and use tax" means a tax imposed under:
275 (a) Subsection 59-12-103(2)(a)(i)(A);
276 (b) Subsection 59-12-103(2)(b)(i);
277 [(c) Subsection 59-12-103(2)(c)(i);]
278 [(d)] (c) Subsection 59-12-103(2)(d);
279 [(e)] (d) Subsection 59-12-103(2)(e)(i)(A)(I);
280 [(f)] (e) Section 59-12-204;
281 [(g)] (f) Section 59-12-401;
282 [(h)] (g) Section 59-12-402;
283 [(i)] (h) Section 59-12-402.1;
284 [(j)] (i) Section 59-12-703;
285 [(k)] (j) Section 59-12-802;
286 [(l)] (k) Section 59-12-804;
287 [(m)] (l) Section 59-12-1102;
288 [(n)] (m) Section 59-12-1302;
289 [(o)] (n) Section 59-12-1402;
290 [(p)] (o) Section 59-12-1802;
291 [(q)] (p) Section 59-12-2003;
292 [(r)] (q) Section 59-12-2103;
293 [(s)] (r) Section 59-12-2213;
294 [(t)] (s) Section 59-12-2214;
295 [(u)] (t) Section 59-12-2215;
296 [(v)] (u) Section 59-12-2216;
297 [(w)] (v) Section 59-12-2217;
298 [(x)] (w) Section 59-12-2218;
299 [(y)] (x) Section 59-12-2219; or
300 [(z)] (y) Section 59-12-2220.
301 (8) "Aircraft" means the same as that term is defined in Section 72-10-102.
302 (9) "Aircraft maintenance, repair, and overhaul provider" means a business entity: 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
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303 (a) except for:
304 (i) an airline as defined in Section 59-2-102; or
305 (ii) an affiliated group, as defined in Section 59-7-101, except that "affiliated group"
306includes a corporation that is qualified to do business but is not otherwise doing business in the
307state, of an airline; and
308 (b) that has the workers, expertise, and facilities to perform the following, regardless of
309whether the business entity performs the following in this state:
310 (i) check, diagnose, overhaul, and repair:
311 (A) an onboard system of a fixed wing turbine powered aircraft; and
312 (B) the parts that comprise an onboard system of a fixed wing turbine powered aircraft;
313 (ii) assemble, change, dismantle, inspect, and test a fixed wing turbine powered aircraft
314engine;
315 (iii) perform at least the following maintenance on a fixed wing turbine powered
316aircraft:
317 (A) an inspection;
318 (B) a repair, including a structural repair or modification;
319 (C) changing landing gear; and
320 (D) addressing issues related to an aging fixed wing turbine powered aircraft;
321 (iv) completely remove the existing paint of a fixed wing turbine powered aircraft and
322completely apply new paint to the fixed wing turbine powered aircraft; and
323 (v) refurbish the interior of a fixed wing turbine powered aircraft in a manner that
324results in a change in the fixed wing turbine powered aircraft's certification requirements by the
325authority that certifies the fixed wing turbine powered aircraft.
326 (10) "Alcoholic beverage" means a beverage that:
327 (a) is suitable for human consumption; and
328 (b) contains .5% or more alcohol by volume.
329 (11) "Alternative energy" means:
330 (a) biomass energy;
331 (b) geothermal energy;
332 (c) hydroelectric energy;
333 (d) solar energy; 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
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334 (e) wind energy; or
335 (f) energy that is derived from:
336 (i) coal-to-liquids;
337 (ii) nuclear fuel;
338 (iii) oil-impregnated diatomaceous earth;
339 (iv) oil sands;
340 (v) oil shale;
341 (vi) petroleum coke; or
342 (vii) waste heat from:
343 (A) an industrial facility; or
344 (B) a power station in which an electric generator is driven through a process in which
345water is heated, turns into steam, and spins a steam turbine.
346 (12) (a) Subject to Subsection (12)(b), "alternative energy electricity production
347facility" means a facility that:
348 (i) uses alternative energy to produce electricity; and
349 (ii) has a production capacity of two megawatts or greater.
350 (b) A facility is an alternative energy electricity production facility regardless of
351whether the facility is:
352 (i) connected to an electric grid; or
353 (ii) located on the premises of an electricity consumer.
354 (13) (a) "Ancillary service" means a service associated with, or incidental to, the
355provision of telecommunications service.
356 (b) "Ancillary service" includes:
357 (i) a conference bridging service;
358 (ii) a detailed communications billing service;
359 (iii) directory assistance;
360 (iv) a vertical service; or
361 (v) a voice mail service.
362 (14) "Area agency on aging" means the same as that term is defined in Section
36362A-3-101.
364 (15) "Assisted amusement device" means an amusement device, skill device, or ride 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
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365device that is started and stopped by an individual:
366 (a) who is not the purchaser or renter of the right to use or operate the amusement
367device, skill device, or ride device; and
368 (b) at the direction of the seller of the right to use the amusement device, skill device,
369or ride device.
370 (16) "Assisted cleaning or washing of tangible personal property" means cleaning or
371washing of tangible personal property if the cleaning or washing labor is primarily performed
372by an individual:
373 (a) who is not the purchaser of the cleaning or washing of the tangible personal
374property; and
375 (b) at the direction of the seller of the cleaning or washing of the tangible personal
376property.
377 (17) "Authorized carrier" means:
378 (a) in the case of vehicles operated over public highways, the holder of credentials
379indicating that the vehicle is or will be operated pursuant to both the International Registration
380Plan and the International Fuel Tax Agreement;
381 (b) in the case of aircraft, the holder of a Federal Aviation Administration operating
382certificate or air carrier's operating certificate; or
383 (c) in the case of locomotives, freight cars, railroad work equipment, or other rolling
384stock, a person who uses locomotives, freight cars, railroad work equipment, or other rolling
385stock in more than one state.
386 (18) (a) Except as provided in Subsection (18)(b), "biomass energy" means any of the
387following that is used as the primary source of energy to produce fuel or electricity:
388 (i) material from a plant or tree; or
389 (ii) other organic matter that is available on a renewable basis, including:
390 (A) slash and brush from forests and woodlands;
391 (B) animal waste;
392 (C) waste vegetable oil;
393 (D) methane or synthetic gas produced at a landfill, as a byproduct of the treatment of
394wastewater residuals, or through the conversion of a waste material through a nonincineration,
395thermal conversion process; 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
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396 (E) aquatic plants; and
397 (F) agricultural products.
398 (b) "Biomass energy" does not include:
399 (i) black liquor; or
400 (ii) treated woods.
401 (19) (a) "Bundled transaction" means the sale of two or more items of tangible personal
402property, products, or services if the tangible personal property, products, or services are:
403 (i) distinct and identifiable; and
404 (ii) sold for one nonitemized price.
405 (b) "Bundled transaction" does not include:
406 (i) the sale of tangible personal property if the sales price varies, or is negotiable, on
407the basis of the selection by the purchaser of the items of tangible personal property included in
408the transaction;
409 (ii) the sale of real property;
410 (iii) the sale of services to real property;
411 (iv) the retail sale of tangible personal property and a service if:
412 (A) the tangible personal property:
413 (I) is essential to the use of the service; and
414 (II) is provided exclusively in connection with the service; and
415 (B) the service is the true object of the transaction;
416 (v) the retail sale of two services if:
417 (A) one service is provided that is essential to the use or receipt of a second service;
418 (B) the first service is provided exclusively in connection with the second service; and
419 (C) the second service is the true object of the transaction;
420 (vi) a transaction that includes tangible personal property or a product subject to
421taxation under this chapter and tangible personal property or a product that is not subject to
422taxation under this chapter if the:
423 (A) seller's purchase price of the tangible personal property or product subject to
424taxation under this chapter is de minimis; or
425 (B) seller's sales price of the tangible personal property or product subject to taxation
426under this chapter is de minimis; and 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
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427 (vii) the retail sale of tangible personal property that is not subject to taxation under
428this chapter and tangible personal property that is subject to taxation under this chapter if:
429 (A) that retail sale includes:
430 (I) food and food ingredients;
431 (II) a drug;
432 (III) durable medical equipment;
433 (IV) mobility enhancing equipment;
434 (V) an over-the-counter drug;
435 (VI) a prosthetic device; or
436 (VII) a medical supply; and
437 (B) subject to Subsection (19)(f):
438 (I) the seller's purchase price of the tangible personal property subject to taxation under
439this chapter is 50% or less of the seller's total purchase price of that retail sale; or
440 (II) the seller's sales price of the tangible personal property subject to taxation under
441this chapter is 50% or less of the seller's total sales price of that retail sale.
442 (c) (i) For purposes of Subsection (19)(a)(i), tangible personal property, a product, or a
443service that is distinct and identifiable does not include:
444 (A) packaging that:
445 (I) accompanies the sale of the tangible personal property, product, or service; and
446 (II) is incidental or immaterial to the sale of the tangible personal property, product, or
447service;
448 (B) tangible personal property, a product, or a service provided free of charge with the
449purchase of another item of tangible personal property, a product, or a service; or
450 (C) an item of tangible personal property, a product, or a service included in the
451definition of "purchase price."
452 (ii) For purposes of Subsection (19)(c)(i)(B), an item of tangible personal property, a
453product, or a service is provided free of charge with the purchase of another item of tangible
454personal property, a product, or a service if the sales price of the purchased item of tangible
455personal property, product, or service does not vary depending on the inclusion of the tangible
456personal property, product, or service provided free of charge.
457 (d) (i) For purposes of Subsection (19)(a)(ii), property sold for one nonitemized price 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
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458does not include a price that is separately identified by tangible personal property, product, or
459service on the following, regardless of whether the following is in paper format or electronic
460format:
461 (A) a binding sales document; or
462 (B) another supporting sales-related document that is available to a purchaser.
463 (ii) For purposes of Subsection (19)(d)(i), a binding sales document or another
464supporting sales-related document that is available to a purchaser includes:
465 (A) a bill of sale;
466 (B) a contract;
467 (C) an invoice;
468 (D) a lease agreement;
469 (E) a periodic notice of rates and services;
470 (F) a price list;
471 (G) a rate card;
472 (H) a receipt; or
473 (I) a service agreement.
474 (e) (i) For purposes of Subsection (19)(b)(vi), the sales price of tangible personal
475property or a product subject to taxation under this chapter is de minimis if:
476 (A) the seller's purchase price of the tangible personal property or product is 10% or
477less of the seller's total purchase price of the bundled transaction; or
478 (B) the seller's sales price of the tangible personal property or product is 10% or less of
479the seller's total sales price of the bundled transaction.
480 (ii) For purposes of Subsection (19)(b)(vi), a seller:
481 (A) shall use the seller's purchase price or the seller's sales price to determine if the
482purchase price or sales price of the tangible personal property or product subject to taxation
483under this chapter is de minimis; and
484 (B) may not use a combination of the seller's purchase price and the seller's sales price
485to determine if the purchase price or sales price of the tangible personal property or product
486subject to taxation under this chapter is de minimis.
487 (iii) For purposes of Subsection (19)(b)(vi), a seller shall use the full term of a service
488contract to determine if the sales price of tangible personal property or a product is de minimis. 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
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489 (f) For purposes of Subsection (19)(b)(vii)(B), a seller may not use a combination of
490the seller's purchase price and the seller's sales price to determine if tangible personal property
491subject to taxation under this chapter is 50% or less of the seller's total purchase price or sales
492price of that retail sale.
493 (20) "Certified automated system" means software certified by the governing board of
494the agreement that:
495 (a) calculates the agreement sales and use tax imposed within a local taxing
496jurisdiction:
497 (i) on a transaction; and
498 (ii) in the states that are members of the agreement;
499 (b) determines the amount of agreement sales and use tax to remit to a state that is a
500member of the agreement; and
501 (c) maintains a record of the transaction described in Subsection (20)(a)(i).
502 (21) "Certified service provider" means an agent certified:
503 (a) by the governing board of the agreement; and
504 (b) to perform a seller's sales and use tax functions for an agreement sales and use tax,
505as outlined in the contract between the governing board of the agreement and the certified
506service provider, other than the seller's obligation under Section 59-12-124 to remit a tax on the
507seller's own purchases.
508 (22) (a) Subject to Subsection (22)(b), "clothing" means all human wearing apparel
509suitable for general use.
510 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
511commission shall make rules:
512 (i) listing the items that constitute "clothing"; and
513 (ii) that are consistent with the list of items that constitute "clothing" under the
514agreement.
515 (23) "Coal-to-liquid" means the process of converting coal into a liquid synthetic fuel.
516 (24) "Commercial use" means the use of gas, electricity, heat, coal, fuel oil, or other
517fuels that does not constitute industrial use under Subsection (57) or residential use under
518Subsection (112).
519 (25) (a) "Common carrier" means a person engaged in or transacting the business of 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
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520transporting passengers, freight, merchandise, or other property for hire within this state.
521 (b) (i) "Common carrier" does not include a person that, at the time the person is
522traveling to or from that person's place of employment, transports a passenger to or from the
523passenger's place of employment.
524 (ii) For purposes of Subsection (25)(b)(i), in accordance with Title 63G, Chapter 3,
525Utah Administrative Rulemaking Act, the commission may make rules defining what
526constitutes a person's place of employment.
527 (c) "Common carrier" does not include a person that provides transportation network
528services, as defined in Section 13-51-102.
529 (26) "Component part" includes:
530 (a) poultry, dairy, and other livestock feed, and their components;
531 (b) baling ties and twine used in the baling of hay and straw;
532 (c) fuel used for providing temperature control of orchards and commercial
533greenhouses doing a majority of their business in wholesale sales, and for providing power for
534off-highway type farm machinery; and
535 (d) feed, seeds, and seedlings.
536 (27) "Computer" means an electronic device that accepts information:
537 (a) (i) in digital form; or
538 (ii) in a form similar to digital form; and
539 (b) manipulates that information for a result based on a sequence of instructions.
540 (28) "Computer software" means a set of coded instructions designed to cause:
541 (a) a computer to perform a task; or
542 (b) automatic data processing equipment to perform a task.
543 (29) "Computer software maintenance contract" means a contract that obligates a seller
544of computer software to provide a customer with:
545 (a) future updates or upgrades to computer software;
546 (b) support services with respect to computer software; or
547 (c) a combination of Subsections (29)(a) and (b).
548 (30) (a) "Conference bridging service" means an ancillary service that links two or
549more participants of an audio conference call or video conference call.
550 (b) "Conference bridging service" may include providing a telephone number as part of 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 19 -
551the ancillary service described in Subsection (30)(a).
552 (c) "Conference bridging service" does not include a telecommunications service used
553to reach the ancillary service described in Subsection (30)(a).
554 (31) "Construction materials" means any tangible personal property that will be
555converted into real property.
556 (32) "Delivered electronically" means delivered to a purchaser by means other than
557tangible storage media.
558 (33) (a) "Delivery charge" means a charge:
559 (i) by a seller of:
560 (A) tangible personal property;
561 (B) a product transferred electronically; or
562 (C) a service; and
563 (ii) for preparation and delivery of the tangible personal property, product transferred
564electronically, or services described in Subsection (33)(a)(i) to a location designated by the
565purchaser.
566 (b) "Delivery charge" includes a charge for the following:
567 (i) transportation;
568 (ii) shipping;
569 (iii) postage;
570 (iv) handling;
571 (v) crating; or
572 (vi) packing.
573 (34) "Detailed telecommunications billing service" means an ancillary service of
574separately stating information pertaining to individual calls on a customer's billing statement.
575 (35) "Dietary supplement" means a product, other than tobacco, that:
576 (a) is intended to supplement the diet;
577 (b) contains one or more of the following dietary ingredients:
578 (i) a vitamin;
579 (ii) a mineral;
580 (iii) an herb or other botanical;
581 (iv) an amino acid; 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 20 -
582 (v) a dietary substance for use by humans to supplement the diet by increasing the total
583dietary intake; or
584 (vi) a concentrate, metabolite, constituent, extract, or combination of any ingredient
585described in Subsections (35)(b)(i) through (v);
586 (c) (i) except as provided in Subsection (35)(c)(ii), is intended for ingestion in:
587 (A) tablet form;
588 (B) capsule form;
589 (C) powder form;
590 (D) softgel form;
591 (E) gelcap form; or
592 (F) liquid form; or
593 (ii) if the product is not intended for ingestion in a form described in Subsections
594(35)(c)(i)(A) through (F), is not represented:
595 (A) as conventional food; and
596 (B) for use as a sole item of:
597 (I) a meal; or
598 (II) the diet; and
599 (d) is required to be labeled as a dietary supplement:
600 (i) identifiable by the "Supplemental Facts" box found on the label; and
601 (ii) as required by 21 C.F.R. Sec. 101.36.
602 (36) (a) "Digital audio work" means a work that results from the fixation of a series of
603musical, spoken, or other sounds.
604 (b) "Digital audio work" includes a ringtone.
605 (37) "Digital audio-visual work" means a series of related images which, when shown
606in succession, imparts an impression of motion, together with accompanying sounds, if any.
607 (38) "Digital book" means a work that is generally recognized in the ordinary and usual
608sense as a book.
609 (39) (a) "Direct mail" means printed material delivered or distributed by United States
610mail or other delivery service:
611 (i) to:
612 (A) a mass audience; or 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 21 -
613 (B) addressees on a mailing list provided:
614 (I) by a purchaser of the mailing list; or
615 (II) at the discretion of the purchaser of the mailing list; and
616 (ii) if the cost of the printed material is not billed directly to the recipients.
617 (b) "Direct mail" includes tangible personal property supplied directly or indirectly by a
618purchaser to a seller of direct mail for inclusion in a package containing the printed material.
619 (c) "Direct mail" does not include multiple items of printed material delivered to a
620single address.
621 (40) "Directory assistance" means an ancillary service of providing:
622 (a) address information; or
623 (b) telephone number information.
624 (41) (a) "Disposable home medical equipment or supplies" means medical equipment
625or supplies that:
626 (i) cannot withstand repeated use; and
627 (ii) are purchased by, for, or on behalf of a person other than:
628 (A) a health care facility as defined in Section 26-21-2;
629 (B) a health care provider as defined in Section 78B-3-403;
630 (C) an office of a health care provider described in Subsection (41)(a)(ii)(B); or
631 (D) a person similar to a person described in Subsections (41)(a)(ii)(A) through (C).
632 (b) "Disposable home medical equipment or supplies" does not include:
633 (i) a drug;
634 (ii) durable medical equipment;
635 (iii) a hearing aid;
636 (iv) a hearing aid accessory;
637 (v) mobility enhancing equipment; or
638 (vi) tangible personal property used to correct impaired vision, including:
639 (A) eyeglasses; or
640 (B) contact lenses.
641 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
642commission may by rule define what constitutes medical equipment or supplies.
643 (42) "Drilling equipment manufacturer" means a facility: 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 22 -
644 (a) located in the state;
645 (b) with respect to which 51% or more of the manufacturing activities of the facility
646consist of manufacturing component parts of drilling equipment;
647 (c) that uses pressure of 800,000 or more pounds per square inch as part of the
648manufacturing process; and
649 (d) that uses a temperature of 2,000 or more degrees Fahrenheit as part of the
650manufacturing process.
651 (43) (a) "Drug" means a compound, substance, or preparation, or a component of a
652compound, substance, or preparation that is:
653 (i) recognized in:
654 (A) the official United States Pharmacopoeia;
655 (B) the official Homeopathic Pharmacopoeia of the United States;
656 (C) the official National Formulary; or
657 (D) a supplement to a publication listed in Subsections (43)(a)(i)(A) through (C);
658 (ii) intended for use in the:
659 (A) diagnosis of disease;
660 (B) cure of disease;
661 (C) mitigation of disease;
662 (D) treatment of disease; or
663 (E) prevention of disease; or
664 (iii) intended to affect:
665 (A) the structure of the body; or
666 (B) any function of the body.
667 (b) "Drug" does not include:
668 (i) food and food ingredients;
669 (ii) a dietary supplement;
670 (iii) an alcoholic beverage; or
671 (iv) a prosthetic device.
672 (44) (a) Except as provided in Subsection (44)(c), "durable medical equipment" means
673equipment that:
674 (i) can withstand repeated use; 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 23 -
675 (ii) is primarily and customarily used to serve a medical purpose;
676 (iii) generally is not useful to a person in the absence of illness or injury; and
677 (iv) is not worn in or on the body.
678 (b) "Durable medical equipment" includes parts used in the repair or replacement of the
679equipment described in Subsection (44)(a).
680 (c) "Durable medical equipment" does not include mobility enhancing equipment.
681 (45) "Electronic" means:
682 (a) relating to technology; and
683 (b) having:
684 (i) electrical capabilities;
685 (ii) digital capabilities;
686 (iii) magnetic capabilities;
687 (iv) wireless capabilities;
688 (v) optical capabilities;
689 (vi) electromagnetic capabilities; or
690 (vii) capabilities similar to Subsections (45)(b)(i) through (vi).
691 (46) "Electronic financial payment service" means an establishment:
692 (a) within NAICS Code 522320, Financial Transactions Processing, Reserve, and
693Clearinghouse Activities, of the 2012 North American Industry Classification System of the
694federal Executive Office of the President, Office of Management and Budget; and
695 (b) that performs electronic financial payment services.
696 (47) "Employee" means the same as that term is defined in Section 59-10-401.
697 (48) "Fixed guideway" means a public transit facility that uses and occupies:
698 (a) rail for the use of public transit; or
699 (b) a separate right-of-way for the use of public transit.
700 (49) "Fixed wing turbine powered aircraft" means an aircraft that:
701 (a) is powered by turbine engines;
702 (b) operates on jet fuel; and
703 (c) has wings that are permanently attached to the fuselage of the aircraft.
704 (50) "Fixed wireless service" means a telecommunications service that provides radio
705communication between fixed points. 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 24 -
706 (51) (a) "Food and food ingredients" means substances:
707 (i) regardless of whether the substances are in:
708 (A) liquid form;
709 (B) concentrated form;
710 (C) solid form;
711 (D) frozen form;
712 (E) dried form; or
713 (F) dehydrated form; and
714 (ii) that are:
715 (A) sold for:
716 (I) ingestion by humans; or
717 (II) chewing by humans; and
718 (B) consumed for the substance's:
719 (I) taste; or
720 (II) nutritional value.
721 (b) "Food and food ingredients" includes an item described in Subsection (96)(b)(iii).
722 (c) "Food and food ingredients" does not include:
723 (i) an alcoholic beverage;
724 (ii) tobacco; or
725 (iii) prepared food.
726 (52) (a) "Fundraising sales" means sales:
727 (i) (A) made by a school; or
728 (B) made by a school student;
729 (ii) that are for the purpose of raising funds for the school to purchase equipment,
730materials, or provide transportation; and
731 (iii) that are part of an officially sanctioned school activity.
732 (b) For purposes of Subsection (52)(a)(iii), "officially sanctioned school activity"
733means a school activity:
734 (i) that is conducted in accordance with a formal policy adopted by the school or school
735district governing the authorization and supervision of fundraising activities;
736 (ii) that does not directly or indirectly compensate an individual teacher or other 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 25 -
737educational personnel by direct payment, commissions, or payment in kind; and
738 (iii) the net or gross revenues from which are deposited in a dedicated account
739controlled by the school or school district.
740 (53) "Geothermal energy" means energy contained in heat that continuously flows
741outward from the earth that is used as the sole source of energy to produce electricity.
742 (54) "Governing board of the agreement" means the governing board of the agreement
743that is:
744 (a) authorized to administer the agreement; and
745 (b) established in accordance with the agreement.
746 (55) (a) For purposes of Subsection 59-12-104(41), "governmental entity" means:
747 (i) the executive branch of the state, including all departments, institutions, boards,
748divisions, bureaus, offices, commissions, and committees;
749 (ii) the judicial branch of the state, including the courts, the Judicial Council, the
750Administrative Office of the Courts, and similar administrative units in the judicial branch;
751 (iii) the legislative branch of the state, including the House of Representatives, the
752Senate, the Legislative Printing Office, the Office of Legislative Research and General
753Counsel, the Office of the Legislative Auditor General, and the Office of the Legislative Fiscal
754Analyst;
755 (iv) the National Guard;
756 (v) an independent entity as defined in Section 63E-1-102; or
757 (vi) a political subdivision as defined in Section 17B-1-102.
758 (b) "Governmental entity" does not include the state systems of public and higher
759education, including:
760 (i) a school;
761 (ii) the State Board of Education;
762 (iii) the Utah Board of Higher Education; or
763 (iv) an institution of higher education described in Section 53B-1-102.
764 (56) "Hydroelectric energy" means water used as the sole source of energy to produce
765electricity.
766 (57) "Industrial use" means the use of natural gas, electricity, heat, coal, fuel oil, or
767other fuels: 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 26 -
768 (a) in mining or extraction of minerals;
769 (b) in agricultural operations to produce an agricultural product up to the time of
770harvest or placing the agricultural product into a storage facility, including:
771 (i) commercial greenhouses;
772 (ii) irrigation pumps;
773 (iii) farm machinery;
774 (iv) implements of husbandry as defined in Section 41-1a-102 that are not registered
775under Title 41, Chapter 1a, Part 2, Registration; and
776 (v) other farming activities;
777 (c) in manufacturing tangible personal property at an establishment described in:
778 (i) SIC Codes 2000 to 3999 of the 1987 Standard Industrial Classification Manual of
779the federal Executive Office of the President, Office of Management and Budget; or
780 (ii) a NAICS code within NAICS Sector 31-33, Manufacturing, of the 2017 North
781American Industry Classification System of the federal Executive Office of the President,
782Office of Management and Budget;
783 (d) by a scrap recycler if:
784 (i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
785one or more of the following items into prepared grades of processed materials for use in new
786products:
787 (A) iron;
788 (B) steel;
789 (C) nonferrous metal;
790 (D) paper;
791 (E) glass;
792 (F) plastic;
793 (G) textile; or
794 (H) rubber; and
795 (ii) the new products under Subsection (57)(d)(i) would otherwise be made with
796nonrecycled materials; or
797 (e) in producing a form of energy or steam described in Subsection 54-2-1(3)(a) by a
798cogeneration facility as defined in Section 54-2-1. 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 27 -
799 (58) (a) Except as provided in Subsection (58)(b), "installation charge" means a charge
800for installing:
801 (i) tangible personal property; or
802 (ii) a product transferred electronically.
803 (b) "Installation charge" does not include a charge for:
804 (i) repairs or renovations of:
805 (A) tangible personal property; or
806 (B) a product transferred electronically; or
807 (ii) attaching tangible personal property or a product transferred electronically:
808 (A) to other tangible personal property; and
809 (B) as part of a manufacturing or fabrication process.
810 (59) "Institution of higher education" means an institution of higher education listed in
811Section 53B-2-101.
812 (60) (a) "Lease" or "rental" means a transfer of possession or control of tangible
813personal property or a product transferred electronically for:
814 (i) (A) a fixed term; or
815 (B) an indeterminate term; and
816 (ii) consideration.
817 (b) "Lease" or "rental" includes an agreement covering a motor vehicle and trailer if the
818amount of consideration may be increased or decreased by reference to the amount realized
819upon sale or disposition of the property as defined in Section 7701(h)(1), Internal Revenue
820Code.
821 (c) "Lease" or "rental" does not include:
822 (i) a transfer of possession or control of property under a security agreement or
823deferred payment plan that requires the transfer of title upon completion of the required
824payments;
825 (ii) a transfer of possession or control of property under an agreement that requires the
826transfer of title:
827 (A) upon completion of required payments; and
828 (B) if the payment of an option price does not exceed the greater of:
829 (I) $100; or 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 28 -
830 (II) 1% of the total required payments; or
831 (iii) providing tangible personal property along with an operator for a fixed period of
832time or an indeterminate period of time if the operator is necessary for equipment to perform as
833designed.
834 (d) For purposes of Subsection (60)(c)(iii), an operator is necessary for equipment to
835perform as designed if the operator's duties exceed the:
836 (i) set-up of tangible personal property;
837 (ii) maintenance of tangible personal property; or
838 (iii) inspection of tangible personal property.
839 (61) "Lesson" means a fixed period of time for the duration of which a trained
840instructor:
841 (a) is present with a student in person or by video; and
842 (b) actively instructs the student, including by providing observation or feedback.
843 (62) "Life science establishment" means an establishment in this state that is classified
844under the following NAICS codes of the 2007 North American Industry Classification System
845of the federal Executive Office of the President, Office of Management and Budget:
846 (a) NAICS Code 33911, Medical Equipment and Supplies Manufacturing;
847 (b) NAICS Code 334510, Electromedical and Electrotherapeutic Apparatus
848Manufacturing; or
849 (c) NAICS Code 334517, Irradiation Apparatus Manufacturing.
850 (63) "Life science research and development facility" means a facility owned, leased,
851or rented by a life science establishment if research and development is performed in 51% or
852more of the total area of the facility.
853 (64) "Load and leave" means delivery to a purchaser by use of a tangible storage media
854if the tangible storage media is not physically transferred to the purchaser.
855 (65) "Local taxing jurisdiction" means a:
856 (a) county that is authorized to impose an agreement sales and use tax;
857 (b) city that is authorized to impose an agreement sales and use tax; or
858 (c) town that is authorized to impose an agreement sales and use tax.
859 (66) "Manufactured home" means the same as that term is defined in Section
86015A-1-302. 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 29 -
861 (67) "Manufacturing facility" means:
862 (a) an establishment described in:
863 (i) SIC Codes 2000 to 3999 of the 1987 Standard Industrial Classification Manual of
864the federal Executive Office of the President, Office of Management and Budget; or
865 (ii) a NAICS code within NAICS Sector 31-33, Manufacturing, of the 2017 North
866American Industry Classification System of the federal Executive Office of the President,
867Office of Management and Budget;
868 (b) a scrap recycler if:
869 (i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
870one or more of the following items into prepared grades of processed materials for use in new
871products:
872 (A) iron;
873 (B) steel;
874 (C) nonferrous metal;
875 (D) paper;
876 (E) glass;
877 (F) plastic;
878 (G) textile; or
879 (H) rubber; and
880 (ii) the new products under Subsection (67)(b)(i) would otherwise be made with
881nonrecycled materials; or
882 (c) a cogeneration facility as defined in Section 54-2-1 if the cogeneration facility is
883placed in service on or after May 1, 2006.
884 (68) (a) "Marketplace" means a physical or electronic place, platform, or forum where
885tangible personal property, a product transferred electronically, or a service is offered for sale.
886 (b) "Marketplace" includes a store, a booth, an Internet website, a catalog, or a
887dedicated sales software application.
888 (69) (a) "Marketplace facilitator" means a person, including an affiliate of the person,
889that enters into a contract, an agreement, or otherwise with sellers, for consideration, to
890facilitate the sale of a seller's product through a marketplace that the person owns, operates, or
891controls and that directly or indirectly: 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 30 -
892 (i) does any of the following:
893 (A) lists, makes available, or advertises tangible personal property, a product
894transferred electronically, or a service for sale by a marketplace seller on a marketplace that the
895person owns, operates, or controls;
896 (B) facilitates the sale of a marketplace seller's tangible personal property, product
897transferred electronically, or service by transmitting or otherwise communicating an offer or
898acceptance of a retail sale between the marketplace seller and a purchaser using the
899marketplace;
900 (C) owns, rents, licenses, makes available, or operates any electronic or physical
901infrastructure or any property, process, method, copyright, trademark, or patent that connects a
902marketplace seller to a purchaser for the purpose of making a retail sale of tangible personal
903property, a product transferred electronically, or a service;
904 (D) provides a marketplace for making, or otherwise facilitates, a retail sale of tangible
905personal property, a product transferred electronically, or a service, regardless of ownership or
906control of the tangible personal property, the product transferred electronically, or the service
907that is the subject of the retail sale;
908 (E) provides software development or research and development activities related to
909any activity described in this Subsection (69)(a)(i), if the software development or research and
910development activity is directly related to the person's marketplace;
911 (F) provides or offers fulfillment or storage services for a marketplace seller;
912 (G) sets prices for the sale of tangible personal property, a product transferred
913electronically, or a service by a marketplace seller;
914 (H) provides or offers customer service to a marketplace seller or a marketplace seller's
915purchaser or accepts or assists with taking orders, returns, or exchanges of tangible personal
916property, a product transferred electronically, or a service sold by a marketplace seller on the
917person's marketplace; or
918 (I) brands or otherwise identifies sales as those of the person; and
919 (ii) does any of the following:
920 (A) collects the sales price or purchase price of a retail sale of tangible personal
921property, a product transferred electronically, or a service;
922 (B) provides payment processing services for a retail sale of tangible personal property, 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 31 -
923a product transferred electronically, or a service;
924 (C) charges, collects, or otherwise receives a selling fee, listing fee, referral fee, closing
925fee, a fee for inserting or making available tangible personal property, a product transferred
926electronically, or a service on the person's marketplace, or other consideration for the
927facilitation of a retail sale of tangible personal property, a product transferred electronically, or
928a service, regardless of ownership or control of the tangible personal property, the product
929transferred electronically, or the service that is the subject of the retail sale;
930 (D) through terms and conditions, an agreement, or another arrangement with a third
931person, collects payment from a purchase for a retail sale of tangible personal property, a
932product transferred electronically, or a service and transmits that payment to the marketplace
933seller, regardless of whether the third person receives compensation or other consideration in
934exchange for the service; or
935 (E) provides a virtual currency for a purchaser to use to purchase tangible personal
936property, a product transferred electronically, or service offered for sale.
937 (b) "Marketplace facilitator" does not include:
938 (i) a person that only provides payment processing services; or
939 (ii) a person described in Subsection (69)(a) to the extent the person is facilitating a
940sale for a seller that is a restaurant as defined in Section 59-12-602.
941 (70) "Marketplace seller" means a seller that makes one or more retail sales through a
942marketplace that a marketplace facilitator owns, operates, or controls, regardless of whether the
943seller is required to be registered to collect and remit the tax under this part.
944 (71) "Member of the immediate family of the producer" means a person who is related
945to a producer described in Subsection 59-12-104(20)(a) as a:
946 (a) child or stepchild, regardless of whether the child or stepchild is:
947 (i) an adopted child or adopted stepchild; or
948 (ii) a foster child or foster stepchild;
949 (b) grandchild or stepgrandchild;
950 (c) grandparent or stepgrandparent;
951 (d) nephew or stepnephew;
952 (e) niece or stepniece;
953 (f) parent or stepparent; 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 32 -
954 (g) sibling or stepsibling;
955 (h) spouse;
956 (i) person who is the spouse of a person described in Subsections (71)(a) through (g);
957or
958 (j) person similar to a person described in Subsections (71)(a) through (i) as
959determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah
960Administrative Rulemaking Act.
961 (72) "Mobile home" means the same as that term is defined in Section 15A-1-302.
962 (73) "Mobile telecommunications service" means the same as that term is defined in
963the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
964 (74) (a) "Mobile wireless service" means a telecommunications service, regardless of
965the technology used, if:
966 (i) the origination point of the conveyance, routing, or transmission is not fixed;
967 (ii) the termination point of the conveyance, routing, or transmission is not fixed; or
968 (iii) the origination point described in Subsection (74)(a)(i) and the termination point
969described in Subsection (74)(a)(ii) are not fixed.
970 (b) "Mobile wireless service" includes a telecommunications service that is provided
971by a commercial mobile radio service provider.
972 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
973commission may by rule define "commercial mobile radio service provider."
974 (75) (a) Except as provided in Subsection (75)(c), "mobility enhancing equipment"
975means equipment that is:
976 (i) primarily and customarily used to provide or increase the ability to move from one
977place to another;
978 (ii) appropriate for use in a:
979 (A) home; or
980 (B) motor vehicle; and
981 (iii) not generally used by persons with normal mobility.
982 (b) "Mobility enhancing equipment" includes parts used in the repair or replacement of
983the equipment described in Subsection (75)(a).
984 (c) "Mobility enhancing equipment" does not include: 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 33 -
985 (i) a motor vehicle;
986 (ii) equipment on a motor vehicle if that equipment is normally provided by the motor
987vehicle manufacturer;
988 (iii) durable medical equipment; or
989 (iv) a prosthetic device.
990 (76) "Model 1 seller" means a seller registered under the agreement that has selected a
991certified service provider as the seller's agent to perform the seller's sales and use tax functions
992for agreement sales and use taxes, as outlined in the contract between the governing board of
993the agreement and the certified service provider, other than the seller's obligation under Section
99459-12-124 to remit a tax on the seller's own purchases.
995 (77) "Model 2 seller" means a seller registered under the agreement that:
996 (a) except as provided in Subsection (77)(b), has selected a certified automated system
997to perform the seller's sales tax functions for agreement sales and use taxes; and
998 (b) retains responsibility for remitting all of the sales tax:
999 (i) collected by the seller; and
1000 (ii) to the appropriate local taxing jurisdiction.
1001 (78) (a) Subject to Subsection (78)(b), "model 3 seller" means a seller registered under
1002the agreement that has:
1003 (i) sales in at least five states that are members of the agreement;
1004 (ii) total annual sales revenues of at least $500,000,000;
1005 (iii) a proprietary system that calculates the amount of tax:
1006 (A) for an agreement sales and use tax; and
1007 (B) due to each local taxing jurisdiction; and
1008 (iv) entered into a performance agreement with the governing board of the agreement.
1009 (b) For purposes of Subsection (78)(a), "model 3 seller" includes an affiliated group of
1010sellers using the same proprietary system.
1011 (79) "Model 4 seller" means a seller that is registered under the agreement and is not a
1012model 1 seller, model 2 seller, or model 3 seller.
1013 (80) "Modular home" means a modular unit as defined in Section 15A-1-302.
1014 (81) "Motor vehicle" means the same as that term is defined in Section 41-1a-102.
1015 (82) "Oil sands" means impregnated bituminous sands that: 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 34 -
1016 (a) contain a heavy, thick form of petroleum that is released when heated, mixed with
1017other hydrocarbons, or otherwise treated;
1018 (b) yield mixtures of liquid hydrocarbon; and
1019 (c) require further processing other than mechanical blending before becoming finished
1020petroleum products.
1021 (83) "Oil shale" means a group of fine black to dark brown shales containing kerogen
1022material that yields petroleum upon heating and distillation.
1023 (84) "Optional computer software maintenance contract" means a computer software
1024maintenance contract that a customer is not obligated to purchase as a condition to the retail
1025sale of computer software.
1026 (85) (a) "Other fuels" means products that burn independently to produce heat or
1027energy.
1028 (b) "Other fuels" includes oxygen when it is used in the manufacturing of tangible
1029personal property.
1030 (86) (a) "Paging service" means a telecommunications service that provides
1031transmission of a coded radio signal for the purpose of activating a specific pager.
1032 (b) For purposes of Subsection (86)(a), the transmission of a coded radio signal
1033includes a transmission by message or sound.
1034 (87) "Pawn transaction" means the same as that term is defined in Section 13-32a-102.
1035 (88) "Pawnbroker" means the same as that term is defined in Section 13-32a-102.
1036 (89) (a) "Permanently attached to real property" means that for tangible personal
1037property attached to real property:
1038 (i) the attachment of the tangible personal property to the real property:
1039 (A) is essential to the use of the tangible personal property; and
1040 (B) suggests that the tangible personal property will remain attached to the real
1041property in the same place over the useful life of the tangible personal property; or
1042 (ii) if the tangible personal property is detached from the real property, the detachment
1043would:
1044 (A) cause substantial damage to the tangible personal property; or
1045 (B) require substantial alteration or repair of the real property to which the tangible
1046personal property is attached. 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 35 -
1047 (b) "Permanently attached to real property" includes:
1048 (i) the attachment of an accessory to the tangible personal property if the accessory is:
1049 (A) essential to the operation of the tangible personal property; and
1050 (B) attached only to facilitate the operation of the tangible personal property;
1051 (ii) a temporary detachment of tangible personal property from real property for a
1052repair or renovation if the repair or renovation is performed where the tangible personal
1053property and real property are located; or
1054 (iii) property attached to oil, gas, or water pipelines, except for the property listed in
1055Subsection (89)(c)(iii) or (iv).
1056 (c) "Permanently attached to real property" does not include:
1057 (i) the attachment of portable or movable tangible personal property to real property if
1058that portable or movable tangible personal property is attached to real property only for:
1059 (A) convenience;
1060 (B) stability; or
1061 (C) for an obvious temporary purpose;
1062 (ii) the detachment of tangible personal property from real property except for the
1063detachment described in Subsection (89)(b)(ii);
1064 (iii) an attachment of the following tangible personal property to real property if the
1065attachment to real property is only through a line that supplies water, electricity, gas,
1066telecommunications, cable, or supplies a similar item as determined by the commission by rule
1067made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
1068 (A) a computer;
1069 (B) a telephone;
1070 (C) a television; or
1071 (D) tangible personal property similar to Subsections (89)(c)(iii)(A) through (C) as
1072determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah
1073Administrative Rulemaking Act; or
1074 (iv) an item listed in Subsection (130)(c).
1075 (90) "Person" includes any individual, firm, partnership, joint venture, association,
1076corporation, estate, trust, business trust, receiver, syndicate, this state, any county, city,
1077municipality, district, or other local governmental entity of the state, or any group or 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 36 -
1078combination acting as a unit.
1079 (91) "Place of primary use":
1080 (a) for telecommunications service other than mobile telecommunications service,
1081means the street address representative of where the customer's use of the telecommunications
1082service primarily occurs, which shall be:
1083 (i) the residential street address of the customer; or
1084 (ii) the primary business street address of the customer; or
1085 (b) for mobile telecommunications service, means the same as that term is defined in
1086the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
1087 (92) (a) "Postpaid calling service" means a telecommunications service a person
1088obtains by making a payment on a call-by-call basis:
1089 (i) through the use of a:
1090 (A) bank card;
1091 (B) credit card;
1092 (C) debit card; or
1093 (D) travel card; or
1094 (ii) by a charge made to a telephone number that is not associated with the origination
1095or termination of the telecommunications service.
1096 (b) "Postpaid calling service" includes a service, except for a prepaid wireless calling
1097service, that would be a prepaid wireless calling service if the service were exclusively a
1098telecommunications service.
1099 (93) "Postproduction" means an activity related to the finishing or duplication of a
1100medium described in Subsection 59-12-104(54)(a).
1101 (94) "Prepaid calling service" means a telecommunications service:
1102 (a) that allows a purchaser access to telecommunications service that is exclusively
1103telecommunications service;
1104 (b) that:
1105 (i) is paid for in advance; and
1106 (ii) enables the origination of a call using an:
1107 (A) access number; or
1108 (B) authorization code; 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 37 -
1109 (c) that is dialed:
1110 (i) manually; or
1111 (ii) electronically; and
1112 (d) sold in predetermined units or dollars that decline:
1113 (i) by a known amount; and
1114 (ii) with use.
1115 (95) "Prepaid wireless calling service" means a telecommunications service:
1116 (a) that provides the right to utilize:
1117 (i) mobile wireless service; and
1118 (ii) other service that is not a telecommunications service, including:
1119 (A) the download of a product transferred electronically;
1120 (B) a content service; or
1121 (C) an ancillary service;
1122 (b) that:
1123 (i) is paid for in advance; and
1124 (ii) enables the origination of a call using an:
1125 (A) access number; or
1126 (B) authorization code;
1127 (c) that is dialed:
1128 (i) manually; or
1129 (ii) electronically; and
1130 (d) sold in predetermined units or dollars that decline:
1131 (i) by a known amount; and
1132 (ii) with use.
1133 (96) (a) "Prepared food" means:
1134 (i) food:
1135 (A) sold in a heated state; or
1136 (B) heated by a seller;
1137 (ii) two or more food ingredients mixed or combined by the seller for sale as a single
1138item; or
1139 (iii) except as provided in Subsection (96)(c), food sold with an eating utensil provided 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 38 -
1140by the seller, including a:
1141 (A) plate;
1142 (B) knife;
1143 (C) fork;
1144 (D) spoon;
1145 (E) glass;
1146 (F) cup;
1147 (G) napkin; or
1148 (H) straw.
1149 (b) "Prepared food" does not include:
1150 (i) food that a seller only:
1151 (A) cuts;
1152 (B) repackages; or
1153 (C) pasteurizes; or
1154 (ii) (A) the following:
1155 (I) raw egg;
1156 (II) raw fish;
1157 (III) raw meat;
1158 (IV) raw poultry; or
1159 (V) a food containing an item described in Subsections (96)(b)(ii)(A)(I) through (IV);
1160and
1161 (B) if the Food and Drug Administration recommends in Chapter 3, Part 401.11 of the
1162Food and Drug Administration's Food Code that a consumer cook the items described in
1163Subsection (96)(b)(ii)(A) to prevent food borne illness; or
1164 (iii) the following if sold without eating utensils provided by the seller:
1165 (A) food and food ingredients sold by a seller if the seller's proper primary
1166classification under the 2002 North American Industry Classification System of the federal
1167Executive Office of the President, Office of Management and Budget, is manufacturing in
1168Sector 311, Food Manufacturing, except for Subsector 3118, Bakeries and Tortilla
1169Manufacturing;
1170 (B) food and food ingredients sold in an unheated state: 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 39 -
1171 (I) by weight or volume; and
1172 (II) as a single item; or
1173 (C) a bakery item, including:
1174 (I) a bagel;
1175 (II) a bar;
1176 (III) a biscuit;
1177 (IV) bread;
1178 (V) a bun;
1179 (VI) a cake;
1180 (VII) a cookie;
1181 (VIII) a croissant;
1182 (IX) a danish;
1183 (X) a donut;
1184 (XI) a muffin;
1185 (XII) a pastry;
1186 (XIII) a pie;
1187 (XIV) a roll;
1188 (XV) a tart;
1189 (XVI) a torte; or
1190 (XVII) a tortilla.
1191 (c) An eating utensil provided by the seller does not include the following used to
1192transport the food:
1193 (i) a container; or
1194 (ii) packaging.
1195 (97) "Prescription" means an order, formula, or recipe that is issued:
1196 (a) (i) orally;
1197 (ii) in writing;
1198 (iii) electronically; or
1199 (iv) by any other manner of transmission; and
1200 (b) by a licensed practitioner authorized by the laws of a state.
1201 (98) (a) Except as provided in Subsection (98)(b)(ii) or (iii), "prewritten computer 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 40 -
1202software" means computer software that is not designed and developed:
1203 (i) by the author or other creator of the computer software; and
1204 (ii) to the specifications of a specific purchaser.
1205 (b) "Prewritten computer software" includes:
1206 (i) a prewritten upgrade to computer software if the prewritten upgrade to the computer
1207software is not designed and developed:
1208 (A) by the author or other creator of the computer software; and
1209 (B) to the specifications of a specific purchaser;
1210 (ii) computer software designed and developed by the author or other creator of the
1211computer software to the specifications of a specific purchaser if the computer software is sold
1212to a person other than the purchaser; or
1213 (iii) except as provided in Subsection (98)(c), prewritten computer software or a
1214prewritten portion of prewritten computer software:
1215 (A) that is modified or enhanced to any degree; and
1216 (B) if the modification or enhancement described in Subsection (98)(b)(iii)(A) is
1217designed and developed to the specifications of a specific purchaser.
1218 (c) "Prewritten computer software" does not include a modification or enhancement
1219described in Subsection (98)(b)(iii) if the charges for the modification or enhancement are:
1220 (i) reasonable; and
1221 (ii) subject to Subsections 59-12-103(2)(f)(ii) and (2)(g)(i), separately stated on the
1222invoice or other statement of price provided to the purchaser at the time of sale or later, as
1223demonstrated by:
1224 (A) the books and records the seller keeps at the time of the transaction in the regular
1225course of business, including books and records the seller keeps at the time of the transaction in
1226the regular course of business for nontax purposes;
1227 (B) a preponderance of the facts and circumstances at the time of the transaction; and
1228 (C) the understanding of all of the parties to the transaction.
1229 (99) (a) "Private communications service" means a telecommunications service:
1230 (i) that entitles a customer to exclusive or priority use of one or more communications
1231channels between or among termination points; and
1232 (ii) regardless of the manner in which the one or more communications channels are 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 41 -
1233connected.
1234 (b) "Private communications service" includes the following provided in connection
1235with the use of one or more communications channels:
1236 (i) an extension line;
1237 (ii) a station;
1238 (iii) switching capacity; or
1239 (iv) another associated service that is provided in connection with the use of one or
1240more communications channels as defined in Section 59-12-215.
1241 (100) (a) Except as provided in Subsection (100)(b), "product transferred
1242electronically" means a product transferred electronically that would be subject to a tax under
1243this chapter if that product was transferred in a manner other than electronically.
1244 (b) "Product transferred electronically" does not include:
1245 (i) an ancillary service;
1246 (ii) computer software; or
1247 (iii) a telecommunications service.
1248 (101) (a) "Prosthetic device" means a device that is worn on or in the body to:
1249 (i) artificially replace a missing portion of the body;
1250 (ii) prevent or correct a physical deformity or physical malfunction; or
1251 (iii) support a weak or deformed portion of the body.
1252 (b) "Prosthetic device" includes:
1253 (i) parts used in the repairs or renovation of a prosthetic device;
1254 (ii) replacement parts for a prosthetic device;
1255 (iii) a dental prosthesis; or
1256 (iv) a hearing aid.
1257 (c) "Prosthetic device" does not include:
1258 (i) corrective eyeglasses; or
1259 (ii) contact lenses.
1260 (102) (a) "Protective equipment" means an item:
1261 (i) for human wear; and
1262 (ii) that is:
1263 (A) designed as protection: 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 42 -
1264 (I) to the wearer against injury or disease; or
1265 (II) against damage or injury of other persons or property; and
1266 (B) not suitable for general use.
1267 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1268commission shall make rules:
1269 (i) listing the items that constitute "protective equipment"; and
1270 (ii) that are consistent with the list of items that constitute "protective equipment"
1271under the agreement.
1272 (103) (a) For purposes of Subsection 59-12-104(41), "publication" means any written
1273or printed matter, other than a photocopy:
1274 (i) regardless of:
1275 (A) characteristics;
1276 (B) copyright;
1277 (C) form;
1278 (D) format;
1279 (E) method of reproduction; or
1280 (F) source; and
1281 (ii) made available in printed or electronic format.
1282 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1283commission may by rule define the term "photocopy."
1284 (104) (a) "Purchase price" and "sales price" mean the total amount of consideration:
1285 (i) valued in money; and
1286 (ii) for which tangible personal property, a product transferred electronically, or
1287services are:
1288 (A) sold;
1289 (B) leased; or
1290 (C) rented.
1291 (b) "Purchase price" and "sales price" include:
1292 (i) the seller's cost of the tangible personal property, a product transferred
1293electronically, or services sold;
1294 (ii) expenses of the seller, including: 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 43 -
1295 (A) the cost of materials used;
1296 (B) a labor cost;
1297 (C) a service cost;
1298 (D) interest;
1299 (E) a loss;
1300 (F) the cost of transportation to the seller; or
1301 (G) a tax imposed on the seller;
1302 (iii) a charge by the seller for any service necessary to complete the sale; or
1303 (iv) consideration a seller receives from a person other than the purchaser if:
1304 (A) (I) the seller actually receives consideration from a person other than the purchaser;
1305and
1306 (II) the consideration described in Subsection (104)(b)(iv)(A)(I) is directly related to a
1307price reduction or discount on the sale;
1308 (B) the seller has an obligation to pass the price reduction or discount through to the
1309purchaser;
1310 (C) the amount of the consideration attributable to the sale is fixed and determinable by
1311the seller at the time of the sale to the purchaser; and
1312 (D) (I) (Aa) the purchaser presents a certificate, coupon, or other documentation to the
1313seller to claim a price reduction or discount; and
1314 (Bb) a person other than the seller authorizes, distributes, or grants the certificate,
1315coupon, or other documentation with the understanding that the person other than the seller
1316will reimburse any seller to whom the certificate, coupon, or other documentation is presented;
1317 (II) the purchaser identifies that purchaser to the seller as a member of a group or
1318organization allowed a price reduction or discount, except that a preferred customer card that is
1319available to any patron of a seller does not constitute membership in a group or organization
1320allowed a price reduction or discount; or
1321 (III) the price reduction or discount is identified as a third party price reduction or
1322discount on the:
1323 (Aa) invoice the purchaser receives; or
1324 (Bb) certificate, coupon, or other documentation the purchaser presents.
1325 (c) "Purchase price" and "sales price" do not include: 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 44 -
1326 (i) a discount:
1327 (A) in a form including:
1328 (I) cash;
1329 (II) term; or
1330 (III) coupon;
1331 (B) that is allowed by a seller;
1332 (C) taken by a purchaser on a sale; and
1333 (D) that is not reimbursed by a third party; or
1334 (ii) subject to Subsections 59-12-103(2)(f)(ii) and (2)(g)(i), the following if separately
1335stated on an invoice, bill of sale, or similar document provided to the purchaser at the time of
1336sale or later, as demonstrated by the books and records the seller keeps at the time of the
1337transaction in the regular course of business, including books and records the seller keeps at the
1338time of the transaction in the regular course of business for nontax purposes, by a
1339preponderance of the facts and circumstances at the time of the transaction, and by the
1340understanding of all of the parties to the transaction:
1341 (A) the following from credit extended on the sale of tangible personal property or
1342services:
1343 (I) a carrying charge;
1344 (II) a financing charge; or
1345 (III) an interest charge;
1346 (B) a delivery charge;
1347 (C) an installation charge;
1348 (D) a manufacturer rebate on a motor vehicle; or
1349 (E) a tax or fee legally imposed directly on the consumer.
1350 (105) "Purchaser" means a person to whom:
1351 (a) a sale of tangible personal property is made;
1352 (b) a product is transferred electronically; or
1353 (c) a service is furnished.
1354 (106) "Qualifying data center" means a data center facility that:
1355 (a) houses a group of networked server computers in one physical location in order to
1356disseminate, manage, and store data and information; 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 45 -
1357 (b) is located in the state;
1358 (c) is a new operation constructed on or after July 1, 2016;
1359 (d) consists of one or more buildings that total 150,000 or more square feet;
1360 (e) is owned or leased by:
1361 (i) the operator of the data center facility; or
1362 (ii) a person under common ownership, as defined in Section 59-7-101, of the operator
1363of the data center facility; and
1364 (f) is located on one or more parcels of land that are owned or leased by:
1365 (i) the operator of the data center facility; or
1366 (ii) a person under common ownership, as defined in Section 59-7-101, of the operator
1367of the data center facility.
1368 (107) "Regularly rented" means:
1369 (a) rented to a guest for value three or more times during a calendar year; or
1370 (b) advertised or held out to the public as a place that is regularly rented to guests for
1371value.
1372 (108) "Rental" means the same as that term is defined in Subsection (60).
1373 (109) (a) Except as provided in Subsection (109)(b), "repairs or renovations of tangible
1374personal property" means:
1375 (i) a repair or renovation of tangible personal property that is not permanently attached
1376to real property; or
1377 (ii) attaching tangible personal property or a product transferred electronically to other
1378tangible personal property or detaching tangible personal property or a product transferred
1379electronically from other tangible personal property if:
1380 (A) the other tangible personal property to which the tangible personal property or
1381product transferred electronically is attached or from which the tangible personal property or
1382product transferred electronically is detached is not permanently attached to real property; and
1383 (B) the attachment of tangible personal property or a product transferred electronically
1384to other tangible personal property or detachment of tangible personal property or a product
1385transferred electronically from other tangible personal property is made in conjunction with a
1386repair or replacement of tangible personal property or a product transferred electronically.
1387 (b) "Repairs or renovations of tangible personal property" does not include: 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 46 -
1388 (i) attaching prewritten computer software to other tangible personal property if the
1389other tangible personal property to which the prewritten computer software is attached is not
1390permanently attached to real property; or
1391 (ii) detaching prewritten computer software from other tangible personal property if the
1392other tangible personal property from which the prewritten computer software is detached is
1393not permanently attached to real property.
1394 (110) "Research and development" means the process of inquiry or experimentation
1395aimed at the discovery of facts, devices, technologies, or applications and the process of
1396preparing those devices, technologies, or applications for marketing.
1397 (111) (a) "Residential telecommunications services" means a telecommunications
1398service or an ancillary service that is provided to an individual for personal use:
1399 (i) at a residential address; or
1400 (ii) at an institution, including a nursing home or a school, if the telecommunications
1401service or ancillary service is provided to and paid for by the individual residing at the
1402institution rather than the institution.
1403 (b) For purposes of Subsection (111)(a)(i), a residential address includes an:
1404 (i) apartment; or
1405 (ii) other individual dwelling unit.
1406 (112) "Residential use" means the use in or around a home, apartment building,
1407sleeping quarters, and similar facilities or accommodations.
1408 (113) "Retail sale" or "sale at retail" means a sale, lease, or rental for a purpose other
1409than:
1410 (a) resale;
1411 (b) sublease; or
1412 (c) subrent.
1413 (114) (a) "Retailer" means any person, unless prohibited by the Constitution of the
1414United States or federal law, that is engaged in a regularly organized business in tangible
1415personal property or any other taxable transaction under Subsection 59-12-103(1), and who is
1416selling to the user or consumer and not for resale.
1417 (b) "Retailer" includes commission merchants, auctioneers, and any person regularly
1418engaged in the business of selling to users or consumers within the state. 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 47 -
1419 (115) (a) "Sale" means any transfer of title, exchange, or barter, conditional or
1420otherwise, in any manner, of tangible personal property or any other taxable transaction under
1421Subsection 59-12-103(1), for consideration.
1422 (b) "Sale" includes:
1423 (i) installment and credit sales;
1424 (ii) any closed transaction constituting a sale;
1425 (iii) any sale of electrical energy, gas, services, or entertainment taxable under this
1426chapter;
1427 (iv) any transaction if the possession of property is transferred but the seller retains the
1428title as security for the payment of the price; and
1429 (v) any transaction under which right to possession, operation, or use of any article of
1430tangible personal property is granted under a lease or contract and the transfer of possession
1431would be taxable if an outright sale were made.
1432 (116) "Sale at retail" means the same as that term is defined in Subsection (113).
1433 (117) "Sale-leaseback transaction" means a transaction by which title to tangible
1434personal property or a product transferred electronically that is subject to a tax under this
1435chapter is transferred:
1436 (a) by a purchaser-lessee;
1437 (b) to a lessor;
1438 (c) for consideration; and
1439 (d) if:
1440 (i) the purchaser-lessee paid sales and use tax on the purchaser-lessee's initial purchase
1441of the tangible personal property or product transferred electronically;
1442 (ii) the sale of the tangible personal property or product transferred electronically to the
1443lessor is intended as a form of financing:
1444 (A) for the tangible personal property or product transferred electronically; and
1445 (B) to the purchaser-lessee; and
1446 (iii) in accordance with generally accepted accounting principles, the purchaser-lessee
1447is required to:
1448 (A) capitalize the tangible personal property or product transferred electronically for
1449financial reporting purposes; and 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 48 -
1450 (B) account for the lease payments as payments made under a financing arrangement.
1451 (118) "Sales price" means the same as that term is defined in Subsection (104).
1452 (119) (a) "Sales relating to schools" means the following sales by, amounts paid to, or
1453amounts charged by a school:
1454 (i) sales that are directly related to the school's educational functions or activities
1455including:
1456 (A) the sale of:
1457 (I) textbooks;
1458 (II) textbook fees;
1459 (III) laboratory fees;
1460 (IV) laboratory supplies; or
1461 (V) safety equipment;
1462 (B) the sale of a uniform, protective equipment, or sports or recreational equipment
1463that:
1464 (I) a student is specifically required to wear as a condition of participation in a
1465school-related event or school-related activity; and
1466 (II) is not readily adaptable to general or continued usage to the extent that it takes the
1467place of ordinary clothing;
1468 (C) sales of the following if the net or gross revenues generated by the sales are
1469deposited into a school district fund or school fund dedicated to school meals:
1470 (I) food and food ingredients; or
1471 (II) prepared food; or
1472 (D) transportation charges for official school activities; or
1473 (ii) amounts paid to or amounts charged by a school for admission to a school-related
1474event or school-related activity.
1475 (b) "Sales relating to schools" does not include:
1476 (i) bookstore sales of items that are not educational materials or supplies;
1477 (ii) except as provided in Subsection (119)(a)(i)(B):
1478 (A) clothing;
1479 (B) clothing accessories or equipment;
1480 (C) protective equipment; or 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 49 -
1481 (D) sports or recreational equipment; or
1482 (iii) amounts paid to or amounts charged by a school for admission to a school-related
1483event or school-related activity if the amounts paid or charged are passed through to a person:
1484 (A) other than a:
1485 (I) school;
1486 (II) nonprofit organization authorized by a school board or a governing body of a
1487private school to organize and direct a competitive secondary school activity; or
1488 (III) nonprofit association authorized by a school board or a governing body of a
1489private school to organize and direct a competitive secondary school activity; and
1490 (B) that is required to collect sales and use taxes under this chapter.
1491 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1492commission may make rules defining the term "passed through."
1493 (120) For purposes of this section and Section 59-12-104, "school" means:
1494 (a) an elementary school or a secondary school that:
1495 (i) is a:
1496 (A) public school; or
1497 (B) private school; and
1498 (ii) provides instruction for one or more grades kindergarten through 12; or
1499 (b) a public school district.
1500 (121) (a) "Seller" means a person that makes a sale, lease, or rental of:
1501 (i) tangible personal property;
1502 (ii) a product transferred electronically; or
1503 (iii) a service.
1504 (b) "Seller" includes a marketplace facilitator.
1505 (122) (a) "Semiconductor fabricating, processing, research, or development materials"
1506means tangible personal property or a product transferred electronically if the tangible personal
1507property or product transferred electronically is:
1508 (i) used primarily in the process of:
1509 (A) (I) manufacturing a semiconductor;
1510 (II) fabricating a semiconductor; or
1511 (III) research or development of a: 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 50 -
1512 (Aa) semiconductor; or
1513 (Bb) semiconductor manufacturing process; or
1514 (B) maintaining an environment suitable for a semiconductor; or
1515 (ii) consumed primarily in the process of:
1516 (A) (I) manufacturing a semiconductor;
1517 (II) fabricating a semiconductor; or
1518 (III) research or development of a:
1519 (Aa) semiconductor; or
1520 (Bb) semiconductor manufacturing process; or
1521 (B) maintaining an environment suitable for a semiconductor.
1522 (b) "Semiconductor fabricating, processing, research, or development materials"
1523includes:
1524 (i) parts used in the repairs or renovations of tangible personal property or a product
1525transferred electronically described in Subsection (122)(a); or
1526 (ii) a chemical, catalyst, or other material used to:
1527 (A) produce or induce in a semiconductor a:
1528 (I) chemical change; or
1529 (II) physical change;
1530 (B) remove impurities from a semiconductor; or
1531 (C) improve the marketable condition of a semiconductor.
1532 (123) "Senior citizen center" means a facility having the primary purpose of providing
1533services to the aged as defined in Section 62A-3-101.
1534 (124) (a) Subject to Subsections (124)(b) and (c), "short-term lodging consumable"
1535means tangible personal property that:
1536 (i) a business that provides accommodations and services described in Subsection
153759-12-103(1)(i) purchases as part of a transaction to provide the accommodations and services
1538to a purchaser;
1539 (ii) is intended to be consumed by the purchaser; and
1540 (iii) is:
1541 (A) included in the purchase price of the accommodations and services; and
1542 (B) not separately stated on an invoice, bill of sale, or other similar document provided 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 51 -
1543to the purchaser.
1544 (b) "Short-term lodging consumable" includes:
1545 (i) a beverage;
1546 (ii) a brush or comb;
1547 (iii) a cosmetic;
1548 (iv) a hair care product;
1549 (v) lotion;
1550 (vi) a magazine;
1551 (vii) makeup;
1552 (viii) a meal;
1553 (ix) mouthwash;
1554 (x) nail polish remover;
1555 (xi) a newspaper;
1556 (xii) a notepad;
1557 (xiii) a pen;
1558 (xiv) a pencil;
1559 (xv) a razor;
1560 (xvi) saline solution;
1561 (xvii) a sewing kit;
1562 (xviii) shaving cream;
1563 (xix) a shoe shine kit;
1564 (xx) a shower cap;
1565 (xxi) a snack item;
1566 (xxii) soap;
1567 (xxiii) toilet paper;
1568 (xxiv) a toothbrush;
1569 (xxv) toothpaste; or
1570 (xxvi) an item similar to Subsections (124)(b)(i) through (xxv) as the commission may
1571provide by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1572Rulemaking Act.
1573 (c) "Short-term lodging consumable" does not include: 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 52 -
1574 (i) tangible personal property that is cleaned or washed to allow the tangible personal
1575property to be reused; or
1576 (ii) a product transferred electronically.
1577 (125) "Simplified electronic return" means the electronic return:
1578 (a) described in Section 318(C) of the agreement; and
1579 (b) approved by the governing board of the agreement.
1580 (126) "Solar energy" means the sun used as the sole source of energy for producing
1581electricity.
1582 (127) (a) "Sports or recreational equipment" means an item:
1583 (i) designed for human use; and
1584 (ii) that is:
1585 (A) worn in conjunction with:
1586 (I) an athletic activity; or
1587 (II) a recreational activity; and
1588 (B) not suitable for general use.
1589 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1590commission shall make rules:
1591 (i) listing the items that constitute "sports or recreational equipment"; and
1592 (ii) that are consistent with the list of items that constitute "sports or recreational
1593equipment" under the agreement.
1594 (128) "State" means the state of Utah, its departments, and agencies.
1595 (129) "Storage" means any keeping or retention of tangible personal property or any
1596other taxable transaction under Subsection 59-12-103(1), in this state for any purpose except
1597sale in the regular course of business.
1598 (130) (a) Except as provided in Subsection (130)(d) or (e), "tangible personal property"
1599means personal property that:
1600 (i) may be:
1601 (A) seen;
1602 (B) weighed;
1603 (C) measured;
1604 (D) felt; or 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 53 -
1605 (E) touched; or
1606 (ii) is in any manner perceptible to the senses.
1607 (b) "Tangible personal property" includes:
1608 (i) electricity;
1609 (ii) water;
1610 (iii) gas;
1611 (iv) steam; or
1612 (v) prewritten computer software, regardless of the manner in which the prewritten
1613computer software is transferred.
1614 (c) "Tangible personal property" includes the following regardless of whether the item
1615is attached to real property:
1616 (i) a dishwasher;
1617 (ii) a dryer;
1618 (iii) a freezer;
1619 (iv) a microwave;
1620 (v) a refrigerator;
1621 (vi) a stove;
1622 (vii) a washer; or
1623 (viii) an item similar to Subsections (130)(c)(i) through (vii) as determined by the
1624commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1625Rulemaking Act.
1626 (d) "Tangible personal property" does not include a product that is transferred
1627electronically.
1628 (e) "Tangible personal property" does not include the following if attached to real
1629property, regardless of whether the attachment to real property is only through a line that
1630supplies water, electricity, gas, telephone, cable, or supplies a similar item as determined by the
1631commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1632Rulemaking Act:
1633 (i) a hot water heater;
1634 (ii) a water filtration system; or
1635 (iii) a water softener system. 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 54 -
1636 (131) (a) "Telecommunications enabling or facilitating equipment, machinery, or
1637software" means an item listed in Subsection (131)(b) if that item is purchased or leased
1638primarily to enable or facilitate one or more of the following to function:
1639 (i) telecommunications switching or routing equipment, machinery, or software; or
1640 (ii) telecommunications transmission equipment, machinery, or software.
1641 (b) The following apply to Subsection (131)(a):
1642 (i) a pole;
1643 (ii) software;
1644 (iii) a supplementary power supply;
1645 (iv) temperature or environmental equipment or machinery;
1646 (v) test equipment;
1647 (vi) a tower; or
1648 (vii) equipment, machinery, or software that functions similarly to an item listed in
1649Subsections (131)(b)(i) through (vi) as determined by the commission by rule made in
1650accordance with Subsection (131)(c).
1651 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1652commission may by rule define what constitutes equipment, machinery, or software that
1653functions similarly to an item listed in Subsections (131)(b)(i) through (vi).
1654 (132) "Telecommunications equipment, machinery, or software required for 911
1655service" means equipment, machinery, or software that is required to comply with 47 C.F.R.
1656Sec. 20.18.
1657 (133) "Telecommunications maintenance or repair equipment, machinery, or software"
1658means equipment, machinery, or software purchased or leased primarily to maintain or repair
1659one or more of the following, regardless of whether the equipment, machinery, or software is
1660purchased or leased as a spare part or as an upgrade or modification to one or more of the
1661following:
1662 (a) telecommunications enabling or facilitating equipment, machinery, or software;
1663 (b) telecommunications switching or routing equipment, machinery, or software; or
1664 (c) telecommunications transmission equipment, machinery, or software.
1665 (134) (a) "Telecommunications service" means the electronic conveyance, routing, or
1666transmission of audio, data, video, voice, or any other information or signal to a point, or 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 55 -
1667among or between points.
1668 (b) "Telecommunications service" includes:
1669 (i) an electronic conveyance, routing, or transmission with respect to which a computer
1670processing application is used to act:
1671 (A) on the code, form, or protocol of the content;
1672 (B) for the purpose of electronic conveyance, routing, or transmission; and
1673 (C) regardless of whether the service:
1674 (I) is referred to as voice over Internet protocol service; or
1675 (II) is classified by the Federal Communications Commission as enhanced or value
1676added;
1677 (ii) an 800 service;
1678 (iii) a 900 service;
1679 (iv) a fixed wireless service;
1680 (v) a mobile wireless service;
1681 (vi) a postpaid calling service;
1682 (vii) a prepaid calling service;
1683 (viii) a prepaid wireless calling service; or
1684 (ix) a private communications service.
1685 (c) "Telecommunications service" does not include:
1686 (i) advertising, including directory advertising;
1687 (ii) an ancillary service;
1688 (iii) a billing and collection service provided to a third party;
1689 (iv) a data processing and information service if:
1690 (A) the data processing and information service allows data to be:
1691 (I) (Aa) acquired;
1692 (Bb) generated;
1693 (Cc) processed;
1694 (Dd) retrieved; or
1695 (Ee) stored; and
1696 (II) delivered by an electronic transmission to a purchaser; and
1697 (B) the purchaser's primary purpose for the underlying transaction is the processed data 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 56 -
1698or information;
1699 (v) installation or maintenance of the following on a customer's premises:
1700 (A) equipment; or
1701 (B) wiring;
1702 (vi) Internet access service;
1703 (vii) a paging service;
1704 (viii) a product transferred electronically, including:
1705 (A) music;
1706 (B) reading material;
1707 (C) a ring tone;
1708 (D) software; or
1709 (E) video;
1710 (ix) a radio and television audio and video programming service:
1711 (A) regardless of the medium; and
1712 (B) including:
1713 (I) furnishing conveyance, routing, or transmission of a television audio and video
1714programming service by a programming service provider;
1715 (II) cable service as defined in 47 U.S.C. Sec. 522(6); or
1716 (III) audio and video programming services delivered by a commercial mobile radio
1717service provider as defined in 47 C.F.R. Sec. 20.3;
1718 (x) a value-added nonvoice data service; or
1719 (xi) tangible personal property.
1720 (135) (a) "Telecommunications service provider" means a person that:
1721 (i) owns, controls, operates, or manages a telecommunications service; and
1722 (ii) engages in an activity described in Subsection (135)(a)(i) for the shared use with or
1723resale to any person of the telecommunications service.
1724 (b) A person described in Subsection (135)(a) is a telecommunications service provider
1725whether or not the Public Service Commission of Utah regulates:
1726 (i) that person; or
1727 (ii) the telecommunications service that the person owns, controls, operates, or
1728manages. 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 57 -
1729 (136) (a) "Telecommunications switching or routing equipment, machinery, or
1730software" means an item listed in Subsection (136)(b) if that item is purchased or leased
1731primarily for switching or routing:
1732 (i) an ancillary service;
1733 (ii) data communications;
1734 (iii) voice communications; or
1735 (iv) telecommunications service.
1736 (b) The following apply to Subsection (136)(a):
1737 (i) a bridge;
1738 (ii) a computer;
1739 (iii) a cross connect;
1740 (iv) a modem;
1741 (v) a multiplexer;
1742 (vi) plug in circuitry;
1743 (vii) a router;
1744 (viii) software;
1745 (ix) a switch; or
1746 (x) equipment, machinery, or software that functions similarly to an item listed in
1747Subsections (136)(b)(i) through (ix) as determined by the commission by rule made in
1748accordance with Subsection (136)(c).
1749 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1750commission may by rule define what constitutes equipment, machinery, or software that
1751functions similarly to an item listed in Subsections (136)(b)(i) through (ix).
1752 (137) (a) "Telecommunications transmission equipment, machinery, or software"
1753means an item listed in Subsection (137)(b) if that item is purchased or leased primarily for
1754sending, receiving, or transporting:
1755 (i) an ancillary service;
1756 (ii) data communications;
1757 (iii) voice communications; or
1758 (iv) telecommunications service.
1759 (b) The following apply to Subsection (137)(a): 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 58 -
1760 (i) an amplifier;
1761 (ii) a cable;
1762 (iii) a closure;
1763 (iv) a conduit;
1764 (v) a controller;
1765 (vi) a duplexer;
1766 (vii) a filter;
1767 (viii) an input device;
1768 (ix) an input/output device;
1769 (x) an insulator;
1770 (xi) microwave machinery or equipment;
1771 (xii) an oscillator;
1772 (xiii) an output device;
1773 (xiv) a pedestal;
1774 (xv) a power converter;
1775 (xvi) a power supply;
1776 (xvii) a radio channel;
1777 (xviii) a radio receiver;
1778 (xix) a radio transmitter;
1779 (xx) a repeater;
1780 (xxi) software;
1781 (xxii) a terminal;
1782 (xxiii) a timing unit;
1783 (xxiv) a transformer;
1784 (xxv) a wire; or
1785 (xxvi) equipment, machinery, or software that functions similarly to an item listed in
1786Subsections (137)(b)(i) through (xxv) as determined by the commission by rule made in
1787accordance with Subsection (137)(c).
1788 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1789commission may by rule define what constitutes equipment, machinery, or software that
1790functions similarly to an item listed in Subsections (137)(b)(i) through (xxv). 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 59 -
1791 (138) (a) "Textbook for a higher education course" means a textbook or other printed
1792material that is required for a course:
1793 (i) offered by an institution of higher education; and
1794 (ii) that the purchaser of the textbook or other printed material attends or will attend.
1795 (b) "Textbook for a higher education course" includes a textbook in electronic format.
1796 (139) "Tobacco" means:
1797 (a) a cigarette;
1798 (b) a cigar;
1799 (c) chewing tobacco;
1800 (d) pipe tobacco; or
1801 (e) any other item that contains tobacco.
1802 (140) "Unassisted amusement device" means an amusement device, skill device, or
1803ride device that is started and stopped by the purchaser or renter of the right to use or operate
1804the amusement device, skill device, or ride device.
1805 (141) (a) "Use" means the exercise of any right or power over tangible personal
1806property, a product transferred electronically, or a service under Subsection 59-12-103(1),
1807incident to the ownership or the leasing of that tangible personal property, product transferred
1808electronically, or service.
1809 (b) "Use" does not include the sale, display, demonstration, or trial of tangible personal
1810property, a product transferred electronically, or a service in the regular course of business and
1811held for resale.
1812 (142) "Value-added nonvoice data service" means a service:
1813 (a) that otherwise meets the definition of a telecommunications service except that a
1814computer processing application is used to act primarily for a purpose other than conveyance,
1815routing, or transmission; and
1816 (b) with respect to which a computer processing application is used to act on data or
1817information:
1818 (i) code;
1819 (ii) content;
1820 (iii) form; or
1821 (iv) protocol. 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 60 -
1822 (143) (a) Subject to Subsection (143)(b), "vehicle" means the following that are
1823required to be titled, registered, or titled and registered:
1824 (i) an aircraft as defined in Section 72-10-102;
1825 (ii) a vehicle as defined in Section 41-1a-102;
1826 (iii) an off-highway vehicle as defined in Section 41-22-2; or
1827 (iv) a vessel as defined in Section 41-1a-102.
1828 (b) For purposes of Subsection 59-12-104(33) only, "vehicle" includes:
1829 (i) a vehicle described in Subsection (143)(a); or
1830 (ii) (A) a locomotive;
1831 (B) a freight car;
1832 (C) railroad work equipment; or
1833 (D) other railroad rolling stock.
1834 (144) "Vehicle dealer" means a person engaged in the business of buying, selling, or
1835exchanging a vehicle as defined in Subsection (143).
1836 (145) (a) "Vertical service" means an ancillary service that:
1837 (i) is offered in connection with one or more telecommunications services; and
1838 (ii) offers an advanced calling feature that allows a customer to:
1839 (A) identify a caller; and
1840 (B) manage multiple calls and call connections.
1841 (b) "Vertical service" includes an ancillary service that allows a customer to manage a
1842conference bridging service.
1843 (146) (a) "Voice mail service" means an ancillary service that enables a customer to
1844receive, send, or store a recorded message.
1845 (b) "Voice mail service" does not include a vertical service that a customer is required
1846to have in order to utilize a voice mail service.
1847 (147) (a) Except as provided in Subsection (147)(b), "waste energy facility" means a
1848facility that generates electricity:
1849 (i) using as the primary source of energy waste materials that would be placed in a
1850landfill or refuse pit if it were not used to generate electricity, including:
1851 (A) tires;
1852 (B) waste coal; 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 61 -
1853 (C) oil shale; or
1854 (D) municipal solid waste; and
1855 (ii) in amounts greater than actually required for the operation of the facility.
1856 (b) "Waste energy facility" does not include a facility that incinerates:
1857 (i) hospital waste as defined in 40 C.F.R. 60.51c; or
1858 (ii) medical/infectious waste as defined in 40 C.F.R. 60.51c.
1859 (148) "Watercraft" means a vessel as defined in Section 73-18-2.
1860 (149) "Wind energy" means wind used as the sole source of energy to produce
1861electricity.
1862 (150) "ZIP Code" means a Zoning Improvement Plan Code assigned to a geographic
1863location by the United States Postal Service.
1864 Section 8. Section 59-12-103 is amended to read:
1865 59-12-103. Sales and use tax base -- Rates -- Effective dates -- Use of sales and use
1866tax revenues.
1867 (1) A tax is imposed on the purchaser as provided in this part on the purchase price or
1868sales price for amounts paid or charged for the following transactions:
1869 (a) retail sales of tangible personal property made within the state;
1870 (b) amounts paid for:
1871 (i) telecommunications service, other than mobile telecommunications service, that
1872originates and terminates within the boundaries of this state;
1873 (ii) mobile telecommunications service that originates and terminates within the
1874boundaries of one state only to the extent permitted by the Mobile Telecommunications
1875Sourcing Act, 4 U.S.C. Sec. 116 et seq.; or
1876 (iii) an ancillary service associated with a:
1877 (A) telecommunications service described in Subsection (1)(b)(i); or
1878 (B) mobile telecommunications service described in Subsection (1)(b)(ii);
1879 (c) sales of the following for commercial use:
1880 (i) gas;
1881 (ii) electricity;
1882 (iii) heat;
1883 (iv) coal; 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 62 -
1884 (v) fuel oil; or
1885 (vi) other fuels;
1886 (d) sales of the following for residential use:
1887 (i) gas;
1888 (ii) electricity;
1889 (iii) heat;
1890 (iv) coal;
1891 (v) fuel oil; or
1892 (vi) other fuels;
1893 (e) sales of prepared food;
1894 (f) except as provided in Section 59-12-104, amounts paid or charged as admission or
1895user fees for theaters, movies, operas, museums, planetariums, shows of any type or nature,
1896exhibitions, concerts, carnivals, amusement parks, amusement rides, circuses, menageries,
1897fairs, races, contests, sporting events, dances, boxing matches, wrestling matches, closed circuit
1898television broadcasts, billiard parlors, pool parlors, bowling lanes, golf, miniature golf, golf
1899driving ranges, batting cages, skating rinks, ski lifts, ski runs, ski trails, snowmobile trails,
1900tennis courts, swimming pools, water slides, river runs, jeep tours, boat tours, scenic cruises,
1901horseback rides, sports activities, or any other amusement, entertainment, recreation,
1902exhibition, cultural, or athletic activity;
1903 (g) amounts paid or charged for services for repairs or renovations of tangible personal
1904property, unless Section 59-12-104 provides for an exemption from sales and use tax for:
1905 (i) the tangible personal property; and
1906 (ii) parts used in the repairs or renovations of the tangible personal property described
1907in Subsection (1)(g)(i), regardless of whether:
1908 (A) any parts are actually used in the repairs or renovations of that tangible personal
1909property; or
1910 (B) the particular parts used in the repairs or renovations of that tangible personal
1911property are exempt from a tax under this chapter;
1912 (h) except as provided in Subsection 59-12-104(7), amounts paid or charged for
1913assisted cleaning or washing of tangible personal property;
1914 (i) amounts paid or charged for tourist home, hotel, motel, or trailer court 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 63 -
1915accommodations and services that are regularly rented for less than 30 consecutive days;
1916 (j) amounts paid or charged for laundry or dry cleaning services;
1917 (k) amounts paid or charged for leases or rentals of tangible personal property if within
1918this state the tangible personal property is:
1919 (i) stored;
1920 (ii) used; or
1921 (iii) otherwise consumed;
1922 (l) amounts paid or charged for tangible personal property if within this state the
1923tangible personal property is:
1924 (i) stored;
1925 (ii) used; or
1926 (iii) consumed; and
1927 (m) amounts paid or charged for a sale:
1928 (i) (A) of a product transferred electronically; or
1929 (B) of a repair or renovation of a product transferred electronically; and
1930 (ii) regardless of whether the sale provides:
1931 (A) a right of permanent use of the product; or
1932 (B) a right to use the product that is less than a permanent use, including a right:
1933 (I) for a definite or specified length of time; and
1934 (II) that terminates upon the occurrence of a condition.
1935 (2) (a) Except as provided in Subsections (2)(b) through (f), a state tax and a local tax
1936are imposed on a transaction described in Subsection (1) equal to the sum of:
1937 (i) a state tax imposed on the transaction at a tax rate equal to the sum of:
1938 (A) 4.70% plus the rate specified in Subsection (12)(a); and
1939 (B) (I) the tax rate the state imposes in accordance with Part 18, Additional State Sales
1940and Use Tax Act, if the location of the transaction as determined under Sections 59-12-211
1941through 59-12-215 is in a county in which the state imposes the tax under Part 18, Additional
1942State Sales and Use Tax Act; and
1943 (II) the tax rate the state imposes in accordance with Part 20, Supplemental State Sales
1944and Use Tax Act, if the location of the transaction as determined under Sections 59-12-211
1945through 59-12-215 is in a city, town, or the unincorporated area of a county in which the state 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 64 -
1946imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
1947 (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1948transaction under this chapter other than this part.
1949 (b) Except as provided in Subsection (2)(e) or (f) and subject to Subsection (2)(k), a
1950state tax and a local tax are imposed on a transaction described in Subsection (1)(d) equal to
1951the sum of:
1952 (i) a state tax imposed on the transaction at a tax rate of 2%; and
1953 (ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1954transaction under this chapter other than this part.
1955 (c) (i) Except as provided in Subsection (2)(e) or (f), a local tax is imposed on amounts
1956paid or charged for food and food ingredients equal to the sum of the tax rates a county, city, or
1957town imposes under this chapter on the amounts paid or charged for food or food ingredients.
1958 (ii) There is no state tax imposed on amounts paid or charged for food and food
1959ingredients.
1960 [(c) Except as provided in Subsection (2)(e) or (f), a state tax and a local tax are
1961imposed on amounts paid or charged for food and food ingredients equal to the sum of:]
1962 [(i) a state tax imposed on the amounts paid or charged for food and food ingredients at
1963a tax rate of 1.75%; and]
1964 [(ii) a local tax equal to the sum of the tax rates a county, city, or town imposes on the
1965amounts paid or charged for food and food ingredients under this chapter other than this part.]
1966 (d) Except as provided in Subsection (2)(e) or (f), a state tax is imposed on amounts
1967paid or charged for fuel to a common carrier that is a railroad for use in a locomotive engine at
1968a rate of 4.85%.
1969 (e) (i) For a bundled transaction that is attributable to food and food ingredients and
1970tangible personal property other than food and food ingredients, a state tax and a local tax is
1971imposed on the entire bundled transaction equal to the sum of:
1972 (A) a state tax imposed on the entire bundled transaction equal to the sum of:
1973 (I) the tax rate described in Subsection (2)(a)(i)(A); and
1974 (II) (Aa) the tax rate the state imposes in accordance with Part 18, Additional State
1975Sales and Use Tax Act, if the location of the transaction as determined under Sections
197659-12-211 through 59-12-215 is in a county in which the state imposes the tax under Part 18, 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 65 -
1977Additional State Sales and Use Tax Act; and
1978 (Bb) the tax rate the state imposes in accordance with Part 20, Supplemental State
1979Sales and Use Tax Act, if the location of the transaction as determined under Sections
198059-12-211 through 59-12-215 is in a city, town, or the unincorporated area of a county in which
1981the state imposes the tax under Part 20, Supplemental State Sales and Use Tax Act; and
1982 (B) a local tax imposed on the entire bundled transaction at the sum of the tax rates
1983described in Subsection (2)(a)(ii).
1984 (ii) If an optional computer software maintenance contract is a bundled transaction that
1985consists of taxable and nontaxable products that are not separately itemized on an invoice or
1986similar billing document, the purchase of the optional computer software maintenance contract
1987is 40% taxable under this chapter and 60% nontaxable under this chapter.
1988 (iii) Subject to Subsection (2)(e)(iv), for a bundled transaction other than a bundled
1989transaction described in Subsection (2)(e)(i) or (ii):
1990 (A) if the sales price of the bundled transaction is attributable to tangible personal
1991property, a product, or a service that is subject to taxation under this chapter and tangible
1992personal property, a product, or service that is not subject to taxation under this chapter, the
1993entire bundled transaction is subject to taxation under this chapter unless:
1994 (I) the seller is able to identify by reasonable and verifiable standards the tangible
1995personal property, product, or service that is not subject to taxation under this chapter from the
1996books and records the seller keeps in the seller's regular course of business; or
1997 (II) state or federal law provides otherwise; or
1998 (B) if the sales price of a bundled transaction is attributable to two or more items of
1999tangible personal property, products, or services that are subject to taxation under this chapter
2000at different rates, the entire bundled transaction is subject to taxation under this chapter at the
2001higher tax rate unless:
2002 (I) the seller is able to identify by reasonable and verifiable standards the tangible
2003personal property, product, or service that is subject to taxation under this chapter at the lower
2004tax rate from the books and records the seller keeps in the seller's regular course of business; or
2005 (II) state or federal law provides otherwise.
2006 (iv) For purposes of Subsection (2)(e)(iii), books and records that a seller keeps in the
2007seller's regular course of business includes books and records the seller keeps in the regular 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 66 -
2008course of business for nontax purposes.
2009 (f) (i) Except as otherwise provided in this chapter and subject to Subsections (2)(f)(ii)
2010and (iii), if a transaction consists of the sale, lease, or rental of tangible personal property, a
2011product, or a service that is subject to taxation under this chapter, and the sale, lease, or rental
2012of tangible personal property, other property, a product, or a service that is not subject to
2013taxation under this chapter, the entire transaction is subject to taxation under this chapter unless
2014the seller, at the time of the transaction:
2015 (A) separately states the portion of the transaction that is not subject to taxation under
2016this chapter on an invoice, bill of sale, or similar document provided to the purchaser; or
2017 (B) is able to identify by reasonable and verifiable standards, from the books and
2018records the seller keeps in the seller's regular course of business, the portion of the transaction
2019that is not subject to taxation under this chapter.
2020 (ii) A purchaser and a seller may correct the taxability of a transaction if:
2021 (A) after the transaction occurs, the purchaser and the seller discover that the portion of
2022the transaction that is not subject to taxation under this chapter was not separately stated on an
2023invoice, bill of sale, or similar document provided to the purchaser because of an error or
2024ignorance of the law; and
2025 (B) the seller is able to identify by reasonable and verifiable standards, from the books
2026and records the seller keeps in the seller's regular course of business, the portion of the
2027transaction that is not subject to taxation under this chapter.
2028 (iii) For purposes of Subsections (2)(f)(i) and (ii), books and records that a seller keeps
2029in the seller's regular course of business includes books and records the seller keeps in the
2030regular course of business for nontax purposes.
2031 (g) (i) If the sales price of a transaction is attributable to two or more items of tangible
2032personal property, products, or services that are subject to taxation under this chapter at
2033different rates, the entire purchase is subject to taxation under this chapter at the higher tax rate
2034unless the seller, at the time of the transaction:
2035 (A) separately states the items subject to taxation under this chapter at each of the
2036different rates on an invoice, bill of sale, or similar document provided to the purchaser; or
2037 (B) is able to identify by reasonable and verifiable standards the tangible personal
2038property, product, or service that is subject to taxation under this chapter at the lower tax rate 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 67 -
2039from the books and records the seller keeps in the seller's regular course of business.
2040 (ii) For purposes of Subsection (2)(g)(i), books and records that a seller keeps in the
2041seller's regular course of business includes books and records the seller keeps in the regular
2042course of business for nontax purposes.
2043 (h) Subject to Subsections (2)(i) and (j), a tax rate repeal or tax rate change for a tax
2044rate imposed under the following shall take effect on the first day of a calendar quarter:
2045 (i) Subsection (2)(a)(i)(A);
2046 (ii) Subsection (2)(b)(i); or
2047 [(iii) Subsection (2)(c)(i); or]
2048 [(iv)] (iii) Subsection (2)(e)(i)(A)(I).
2049 (i) (i) A tax rate increase takes effect on the first day of the first billing period that
2050begins on or after the effective date of the tax rate increase if the billing period for the
2051transaction begins before the effective date of a tax rate increase imposed under:
2052 (A) Subsection (2)(a)(i)(A);
2053 (B) Subsection (2)(b)(i); or
2054 [(C) Subsection (2)(c)(i); or]
2055 [(D)] (C) Subsection (2)(e)(i)(A)(I).
2056 (ii) The repeal of a tax or a tax rate decrease applies to a billing period if the billing
2057statement for the billing period is rendered on or after the effective date of the repeal of the tax
2058or the tax rate decrease imposed under:
2059 (A) Subsection (2)(a)(i)(A);
2060 (B) Subsection (2)(b)(i); or
2061 [(C) Subsection (2)(c)(i); or]
2062 [(D)] (C) Subsection (2)(e)(i)(A)(I).
2063 (j) (i) For a tax rate described in Subsection (2)(j)(ii), if a tax due on a catalogue sale is
2064computed on the basis of sales and use tax rates published in the catalogue, a tax rate repeal or
2065change in a tax rate takes effect:
2066 (A) on the first day of a calendar quarter; and
2067 (B) beginning 60 days after the effective date of the tax rate repeal or tax rate change.
2068 (ii) Subsection (2)(j)(i) applies to the tax rates described in the following:
2069 (A) Subsection (2)(a)(i)(A); 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 68 -
2070 (B) Subsection (2)(b)(i); or
2071 [(C) Subsection (2)(c)(i); or]
2072 [(D)] (C) Subsection (2)(e)(i)(A)(I).
2073 (iii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
2074the commission may by rule define the term "catalogue sale."
2075 (k) (i) For a location described in Subsection (2)(k)(ii), the commission shall determine
2076the taxable status of a sale of gas, electricity, heat, coal, fuel oil, or other fuel based on the
2077predominant use of the gas, electricity, heat, coal, fuel oil, or other fuel at the location.
2078 (ii) Subsection (2)(k)(i) applies to a location where gas, electricity, heat, coal, fuel oil,
2079or other fuel is furnished through a single meter for two or more of the following uses:
2080 (A) a commercial use;
2081 (B) an industrial use; or
2082 (C) a residential use.
2083 (3) (a) The following state taxes shall be deposited into the General Fund:
2084 (i) the tax imposed by Subsection (2)(a)(i)(A);
2085 (ii) the tax imposed by Subsection (2)(b)(i); and
2086 [(iii) the tax imposed by Subsection (2)(c)(i); and]
2087 [(iv)] (iii) the tax imposed by Subsection (2)(e)(i)(A)(I).
2088 (b) The following local taxes shall be distributed to a county, city, or town as provided
2089in this chapter:
2090 (i) the tax imposed by Subsection (2)(a)(ii);
2091 (ii) the tax imposed by Subsection (2)(b)(ii);
2092 (iii) the tax imposed by Subsection [(2)(c)(ii)] (2)(c); and
2093 (iv) the tax imposed by Subsection (2)(e)(i)(B).
2094 (c) The state tax imposed by Subsection (2)(d) shall be deposited into the General
2095Fund.
2096 (4) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
20972003, the lesser of the following amounts shall be expended as provided in Subsections (4)(b)
2098through (g):
2099 (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated:
2100 (A) by a 1/16% tax rate on the transactions described in Subsection (1); and 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 69 -
2101 (B) for the fiscal year; or
2102 (ii) $17,500,000.
2103 (b) (i) For a fiscal year beginning on or after July 1, 2003, 14% of the amount
2104described in Subsection (4)(a) shall be transferred each year as designated sales and use tax
2105revenue to the Department of Natural Resources to:
2106 (A) implement the measures described in Subsections 79-2-303(3)(a) through (d) to
2107protect sensitive plant and animal species; or
2108 (B) award grants, up to the amount authorized by the Legislature in an appropriations
2109act, to political subdivisions of the state to implement the measures described in Subsections
211079-2-303(3)(a) through (d) to protect sensitive plant and animal species.
2111 (ii) Money transferred to the Department of Natural Resources under Subsection
2112(4)(b)(i) may not be used to assist the United States Fish and Wildlife Service or any other
2113person to list or attempt to have listed a species as threatened or endangered under the
2114Endangered Species Act of 1973, 16 U.S.C. Sec. 1531 et seq.
2115 (iii) At the end of each fiscal year:
2116 (A) 50% of any unexpended designated sales and use tax revenue shall lapse to the
2117Water Resources Conservation and Development Fund created in Section 73-10-24;
2118 (B) 25% of any unexpended designated sales and use tax revenue shall lapse to the
2119Utah Wastewater Loan Program Subaccount created in Section 73-10c-5; and
2120 (C) 25% of any unexpended designated sales and use tax revenue shall lapse to the
2121Drinking Water Loan Program Subaccount created in Section 73-10c-5.
2122 (c) For a fiscal year beginning on or after July 1, 2003, 3% of the amount described in
2123Subsection (4)(a) shall be deposited each year in the Agriculture Resource Development Fund
2124created in Section 4-18-106.
2125 (d) (i) For a fiscal year beginning on or after July 1, 2003, 1% of the amount described
2126in Subsection (4)(a) shall be transferred each year as designated sales and use tax revenue to
2127the Division of Water Rights to cover the costs incurred in hiring legal and technical staff for
2128the adjudication of water rights.
2129 (ii) At the end of each fiscal year:
2130 (A) 50% of any unexpended designated sales and use tax revenue shall lapse to the
2131Water Resources Conservation and Development Fund created in Section 73-10-24; 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 70 -
2132 (B) 25% of any unexpended designated sales and use tax revenue shall lapse to the
2133Utah Wastewater Loan Program Subaccount created in Section 73-10c-5; and
2134 (C) 25% of any unexpended designated sales and use tax revenue shall lapse to the
2135Drinking Water Loan Program Subaccount created in Section 73-10c-5.
2136 (e) (i) For a fiscal year beginning on or after July 1, 2003, 41% of the amount described
2137in Subsection (4)(a) shall be deposited into the Water Resources Conservation and
2138Development Fund created in Section 73-10-24 for use by the Division of Water Resources.
2139 (ii) In addition to the uses allowed of the Water Resources Conservation and
2140Development Fund under Section 73-10-24, the Water Resources Conservation and
2141Development Fund may also be used to:
2142 (A) conduct hydrologic and geotechnical investigations by the Division of Water
2143Resources in a cooperative effort with other state, federal, or local entities, for the purpose of
2144quantifying surface and ground water resources and describing the hydrologic systems of an
2145area in sufficient detail so as to enable local and state resource managers to plan for and
2146accommodate growth in water use without jeopardizing the resource;
2147 (B) fund state required dam safety improvements; and
2148 (C) protect the state's interest in interstate water compact allocations, including the
2149hiring of technical and legal staff.
2150 (f) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
2151in Subsection (4)(a) shall be deposited into the Utah Wastewater Loan Program Subaccount
2152created in Section 73-10c-5 for use by the Water Quality Board to fund wastewater projects.
2153 (g) For a fiscal year beginning on or after July 1, 2003, 20.5% of the amount described
2154in Subsection (4)(a) shall be deposited into the Drinking Water Loan Program Subaccount
2155created in Section 73-10c-5 for use by the Division of Drinking Water to:
2156 (i) provide for the installation and repair of collection, treatment, storage, and
2157distribution facilities for any public water system, as defined in Section 19-4-102;
2158 (ii) develop underground sources of water, including springs and wells; and
2159 (iii) develop surface water sources.
2160 (5) (a) Notwithstanding Subsection (3)(a), for a fiscal year beginning on or after July 1,
21612006, the difference between the following amounts shall be expended as provided in this
2162Subsection (5), if that difference is greater than $1: 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 71 -
2163 (i) for taxes listed under Subsection (3)(a), the amount of tax revenue generated for the
2164fiscal year by a 1/16% tax rate on the transactions described in Subsection (1); and
2165 (ii) $17,500,000.
2166 (b) (i) The first $500,000 of the difference described in Subsection (5)(a) shall be:
2167 (A) transferred each fiscal year to the Department of Natural Resources as designated
2168sales and use tax revenue; and
2169 (B) expended by the Department of Natural Resources for watershed rehabilitation or
2170restoration.
2171 (ii) At the end of each fiscal year, 100% of any unexpended designated sales and use
2172tax revenue described in Subsection (5)(b)(i) shall lapse to the Water Resources Conservation
2173and Development Fund created in Section 73-10-24.
2174 (c) (i) After making the transfer required by Subsection (5)(b)(i), $150,000 of the
2175remaining difference described in Subsection (5)(a) shall be:
2176 (A) transferred each fiscal year to the Division of Water Resources as designated sales
2177and use tax revenue; and
2178 (B) expended by the Division of Water Resources for cloud-seeding projects
2179authorized by Title 73, Chapter 15, Modification of Weather.
2180 (ii) At the end of each fiscal year, 100% of any unexpended designated sales and use
2181tax revenue described in Subsection (5)(c)(i) shall lapse to the Water Resources Conservation
2182and Development Fund created in Section 73-10-24.
2183 (d) After making the transfers required by Subsections (5)(b) and (c), 85% of the
2184remaining difference described in Subsection (5)(a) shall be deposited into the Water
2185Resources Conservation and Development Fund created in Section 73-10-24 for use by the
2186Division of Water Resources for:
2187 (i) preconstruction costs:
2188 (A) as defined in Subsection 73-26-103(6) for projects authorized by Title 73, Chapter
218926, Bear River Development Act; and
2190 (B) as defined in Subsection 73-28-103(8) for the Lake Powell Pipeline project
2191authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act;
2192 (ii) the cost of employing a civil engineer to oversee any project authorized by Title 73,
2193Chapter 26, Bear River Development Act; 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 72 -
2194 (iii) the cost of employing a civil engineer to oversee the Lake Powell Pipeline project
2195authorized by Title 73, Chapter 28, Lake Powell Pipeline Development Act; and
2196 (iv) other uses authorized under Sections 73-10-24, 73-10-25.1, and 73-10-30, and
2197Subsection (4)(e)(ii) after funding the uses specified in Subsections (5)(d)(i) through (iii).
2198 (e) After making the transfers required by Subsections (5)(b) and (c), 15% of the
2199remaining difference described in Subsection (5)(a) shall be deposited each year into the Water
2200Rights Restricted Account created by Section 73-2-1.6.
2201 (6) Notwithstanding Subsection (3)(a) and for taxes listed under Subsection (3)(a), the
2202amount of revenue generated by a 1/16% tax rate on the transactions described in Subsection
2203(1) for the fiscal year shall be deposited as follows:
2204 (a) for fiscal year 2020-21 only:
2205 (i) 20% of the revenue described in this Subsection (6) shall be deposited into the
2206Transportation Investment Fund of 2005 created by Section 72-2-124; and
2207 (ii) 80% of the revenue described in this Subsection (6) shall be deposited into the
2208Water Infrastructure Restricted Account created by Section 73-10g-103; and
2209 (b) for a fiscal year beginning on or after July 1, 2021, 100% of the revenue described
2210in this Subsection (6) shall be deposited into the Water Infrastructure Restricted Account
2211created by Section 73-10g-103.
2212 (7) (a) Notwithstanding Subsection (3)(a), in addition to the amounts deposited in
2213Subsection (6), and subject to Subsection (7)(b), for a fiscal year beginning on or after July 1,
22142012, the Division of Finance shall deposit into the Transportation Investment Fund of 2005
2215created by Section 72-2-124:
2216 (i) a portion of the taxes listed under Subsection (3)(a) in an amount equal to 8.3% of
2217the revenues collected from the following taxes, which represents a portion of the
2218approximately 17% of sales and use tax revenues generated annually by the sales and use tax
2219on vehicles and vehicle-related products:
2220 (A) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
2221 (B) the tax imposed by Subsection (2)(b)(i); and
2222 [(C) the tax imposed by Subsection (2)(c)(i); and]
2223 [(D)] (C) the tax imposed by Subsection (2)(e)(i)(A)(I); plus
2224 (ii) an amount equal to 30% of the growth in the amount of revenues collected in the 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 73 -
2225current fiscal year from the sales and use taxes described in Subsections (7)(a)(i)(A) through
2226[(D)] (C) that exceeds the amount collected from the sales and use taxes described in
2227Subsections (7)(a)(i)(A) through [(D)] (C) in the 2010-11 fiscal year.
2228 (b) (i) Subject to Subsections (7)(b)(ii) and (iii), in any fiscal year that the portion of
2229the sales and use taxes deposited under Subsection (7)(a) represents an amount that is a total
2230lower percentage of the sales and use taxes described in Subsections (7)(a)(i)(A) through [(D)]
2231(C) generated in the current fiscal year than the total percentage of sales and use taxes
2232deposited in the previous fiscal year, the Division of Finance shall deposit an amount under
2233Subsection (7)(a) equal to the product of:
2234 (A) the total percentage of sales and use taxes deposited under Subsection (7)(a) in the
2235previous fiscal year; and
2236 (B) the total sales and use tax revenue generated by the taxes described in Subsections
2237(7)(a)(i)(A) through [(D)] (C) in the current fiscal year.
2238 (ii) In any fiscal year in which the portion of the sales and use taxes deposited under
2239Subsection (7)(a) would exceed 17% of the revenues collected from the sales and use taxes
2240described in Subsections (7)(a)(i)(A) through [(D)] (C) in the current fiscal year, the Division
2241of Finance shall deposit 17% of the revenues collected from the sales and use taxes described
2242in Subsections (7)(a)(i)(A) through [(D)] (C) for the current fiscal year under Subsection (7)(a).
2243 (iii) Subject to Subsection (7)(b)(iv)(E), in all subsequent fiscal years after a year in
2244which 17% of the revenues collected from the sales and use taxes described in Subsections
2245(7)(a)(i)(A) through [(D)] (C) was deposited under Subsection (7)(a), the Division of Finance
2246shall annually deposit 17% of the revenues collected from the sales and use taxes described in
2247Subsections (7)(a)(i)(A) through [(D)] (C) in the current fiscal year under Subsection (7)(a).
2248 (iv) (A) As used in this Subsection (7)(b)(iv), "additional growth revenue" means the
2249amount of relevant revenue collected in the current fiscal year that exceeds by more than 3%
2250the relevant revenue collected in the previous fiscal year.
2251 (B) As used in this Subsection (7)(b)(iv), "combined amount" means the combined
2252total amount of money deposited into the Cottonwood Canyons fund under Subsections
2253(7)(b)(iv)(F) and (8)(d)(vi) in any single fiscal year.
2254 (C) As used in this Subsection (7)(b)(iv), "Cottonwood Canyons fund" means the
2255Cottonwood Canyons Transportation Investment Fund created in Subsection 72-2-124(10). 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 74 -
2256 (D) As used in this Subsection (7)(b)(iv), "relevant revenue" means the portion of taxes
2257listed under Subsection (3)(a) that equals 17% of the revenue collected from taxes described in
2258Subsections (7)(a)(i)(A) through [(D)] (C).
2259 (E) For a fiscal year beginning on or after July 1, 2020, the commission shall annually
2260reduce the deposit under Subsection (7)(b)(iii) into the Transportation Investment Fund of 2005
2261by an amount equal to the amount of the deposit under this Subsection (7)(b)(iv) to the
2262Cottonwood Canyons fund in the previous fiscal year plus 25% of additional growth revenue,
2263subject to the limit in Subsection (7)(b)(iv)(F).
2264 (F) The commission shall annually deposit the amount described in Subsection
2265(7)(b)(iv)(E) into the Cottonwood Canyons fund, subject to an annual maximum combined
2266amount for any single fiscal year of $20,000,000.
2267 (G) If the amount of relevant revenue declines in a fiscal year compared to the previous
2268fiscal year, the commission shall decrease the amount of the contribution to the Cottonwood
2269Canyons fund under this Subsection (7)(b)(iv) in the same proportion as the decline in relevant
2270revenue.
2271 (8) (a) Notwithstanding Subsection (3)(a), in addition to the amounts deposited under
2272Subsections (6) and (7), and subject to Subsections (8)(b) and (d)(v), for a fiscal year beginning
2273on or after July 1, 2018, the commission shall annually deposit into the Transportation
2274Investment Fund of 2005 created by Section 72-2-124 a portion of the taxes listed under
2275Subsection (3)(a) in an amount equal to 3.68% of the revenues collected from the following
2276taxes:
2277 (i) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
2278 (ii) the tax imposed by Subsection (2)(b)(i); and
2279 [(iii) the tax imposed by Subsection (2)(c)(i); and]
2280 [(iv)] (iii) the tax imposed by Subsection (2)(e)(i)(A)(I).
2281 (b) For a fiscal year beginning on or after July 1, 2019, the commission shall annually
2282reduce the deposit into the Transportation Investment Fund of 2005 under Subsection (8)(a) by
2283an amount that is equal to 35% of the amount of revenue generated in the current fiscal year by
2284the portion of the tax imposed on motor and special fuel that is sold, used, or received for sale
2285or use in this state that exceeds 29.4 cents per gallon.
2286 (c) The commission shall annually deposit the amount described in Subsection (8)(b) 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 75 -
2287into the Transit Transportation Investment Fund created in Section 72-2-124.
2288 (d) (i) As used in this Subsection (8)(d), "additional growth revenue" means the
2289amount of relevant revenue collected in the current fiscal year that exceeds by more than 3%
2290the relevant revenue collected in the previous fiscal year.
2291 (ii) As used in this Subsection (8)(d), "combined amount" means the combined total
2292amount of money deposited into the Cottonwood Canyons fund under Subsections (7)(b)(iv)(F)
2293and (8)(d)(vi) in any single fiscal year.
2294 (iii) As used in this Subsection (8)(d), "Cottonwood Canyons fund" means the
2295Cottonwood Canyons Transportation Investment Fund created in Subsection 72-2-124(10).
2296 (iv) As used in this Subsection (8)(d), "relevant revenue" means the portion of taxes
2297listed under Subsection (3)(a) that equals 3.68% of the revenue collected from taxes described
2298in Subsections (8)(a)(i) through [(iv)] (iii).
2299 (v) For a fiscal year beginning on or after July 1, 2020, the commission shall annually
2300reduce the deposit under Subsection (8)(a) into the Transportation Investment Fund of 2005 by
2301an amount equal to the amount of the deposit under this Subsection (8)(d) to the Cottonwood
2302Canyons fund in the previous fiscal year plus 25% of additional growth revenue, subject to the
2303limit in Subsection (8)(d)(vi).
2304 (vi) The commission shall annually deposit the amount described in Subsection
2305(8)(d)(v) into the Cottonwood Canyons fund, subject to an annual maximum combined amount
2306for any single fiscal year of $20,000,000.
2307 (vii) If the amount of relevant revenue declines in a fiscal year compared to the
2308previous fiscal year, the commission shall decrease the amount of the contribution to the
2309Cottonwood Canyons fund under this Subsection (8)(d) in the same proportion as the decline in
2310relevant revenue.
2311 (9) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
23122009-10, $533,750 shall be deposited into the Qualified Emergency Food Agencies Fund
2313created by Section 35A-8-1009 and expended as provided in Section 35A-8-1009.
2314 (10) (a) Notwithstanding Subsection (3)(a), except as provided in Subsection (10)(b),
2315and in addition to any amounts deposited under Subsections (6), (7), and (8), the Division of
2316Finance shall deposit into the Transportation Investment Fund of 2005 created by Section
231772-2-124 the amount of revenue described as follows: 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 76 -
2318 (i) for fiscal year 2020-21 only, 33.33% of the amount of revenue generated by a .05%
2319tax rate on the transactions described in Subsection (1); and
2320 (ii) for fiscal year 2021-22 only, 16.67% of the amount of revenue generated by a .05%
2321tax rate on the transactions described in Subsection (1).
2322 (b) For purposes of Subsection (10)(a), the Division of Finance may not deposit into
2323the Transportation Investment Fund of 2005 any tax revenue generated by amounts paid or
2324charged for food and food ingredients, except for tax revenue generated by a bundled
2325transaction attributable to food and food ingredients and tangible personal property other than
2326food and food ingredients described in Subsection (2)(e).
2327 (11) Notwithstanding Subsection (3)(a), beginning the second fiscal year after the
2328fiscal year during which the Division of Finance receives notice under Section 63N-2-510 that
2329construction on a qualified hotel, as defined in Section 63N-2-502, has begun, the Division of
2330Finance shall, for two consecutive fiscal years, annually deposit $1,900,000 of the revenue
2331generated by the taxes listed under Subsection (3)(a) into the Hotel Impact Mitigation Fund,
2332created in Section 63N-2-512.
2333 (12) (a) The rate specified in this subsection is 0.15%.
2334 (b) Notwithstanding Subsection (3)(a), the Division of Finance shall, for a fiscal year
2335beginning on or after July 1, 2019, annually transfer the amount of revenue collected from the
2336rate described in Subsection (12)(a) on the transactions that are subject to the sales and use tax
2337under Subsection (2)(a)(i)(A) into the Medicaid Expansion Fund created in Section
233826-36b-208.
2339 (13) Notwithstanding Subsection (3)(a), for each fiscal year beginning with fiscal year
23402020-21, the Division of Finance shall deposit $200,000 into the General Fund as a dedicated
2341credit solely for use of the Search and Rescue Financial Assistance Program created in, and
2342expended in accordance with, Title 53, Chapter 2a, Part 11, Search and Rescue Act.
2343 (14) (a) For each fiscal year beginning with fiscal year 2020-21, the Division of
2344Finance shall annually transfer $1,813,400 of the revenue deposited into the Transportation
2345Investment Fund of 2005 under Subsections (6) through (8) to the General Fund.
2346 (b) If the total revenue deposited into the Transportation Investment Fund of 2005
2347under Subsections (6) through (8) is less than $1,813,400 for a fiscal year, the Division of
2348Finance shall transfer the total revenue deposited into the Transportation Investment Fund of 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 77 -
23492005 under Subsections (6) through (8) during the fiscal year to the General Fund.
2350 (15) Notwithstanding Subsection (3)(a), and as described in Section 63N-3-610,
2351beginning the first day of the calendar quarter one year after the sales and use tax boundary for
2352a housing and transit reinvestment zone is established, the commission, at least annually, shall
2353transfer an amount equal to 15% of the sales and use tax increment within an established sales
2354and use tax boundary, as defined in Section 63N-3-602, into the Transit Transportation
2355Investment Fund created in Section 72-2-124.
2356 (16) Notwithstanding Subsection (3)(a), the Division of Finance shall, for a fiscal year
2357beginning on or after July 1, 2022, transfer into the Outdoor Adventure Infrastructure
2358Restricted Account, created in Section 51-9-902, a portion of the taxes listed under Subsection
2359(3)(a) equal to 1% of the revenues collected from the following sales and use taxes:
2360 (a) the tax imposed by Subsection (2)(a)(i)(A) at a 4.7% rate;
2361 (b) the tax imposed by Subsection (2)(b)(i); and
2362 [(c) the tax imposed by Subsection (2)(c)(i); and]
2363 [(d)] (c) the tax imposed by Subsection (2)(e)(i)(A)(I).
2364 Section 9. Section 59-12-108 is amended to read:
2365 59-12-108. Monthly payment -- Amount of tax a seller may retain -- Penalty --
2366Certain amounts allocated to local taxing jurisdictions.
2367 (1) (a) Notwithstanding Section 59-12-107, a seller that has a tax liability under this
2368chapter of $50,000 or more for the previous calendar year shall:
2369 (i) file a return with the commission:
2370 (A) monthly on or before the last day of the month immediately following the month
2371for which the seller collects a tax under this chapter; and
2372 (B) for the month for which the seller collects a tax under this chapter; and
2373 (ii) except as provided in Subsection (1)(b), remit with the return required by
2374Subsection (1)(a)(i) the amount the person is required to remit to the commission for each tax,
2375fee, or charge described in Subsection (1)(c):
2376 (A) if that seller's tax liability under this chapter for the previous calendar year is less
2377than $96,000, by any method permitted by the commission; or
2378 (B) if that seller's tax liability under this chapter for the previous calendar year is
2379$96,000 or more, by electronic funds transfer. 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 78 -
2380 (b) A seller shall remit electronically with the return required by Subsection (1)(a)(i)
2381the amount the seller is required to remit to the commission for each tax, fee, or charge
2382described in Subsection (1)(c) if that seller:
2383 (i) is required by Section 59-12-107 to file the return electronically; or
2384 (ii) (A) is required to collect and remit a tax under Section 59-12-107; and
2385 (B) files a simplified electronic return.
2386 (c) Subsections (1)(a) and (b) apply to the following taxes, fees, or charges:
2387 (i) a tax under Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act;
2388 (ii) a fee under Section 19-6-714;
2389 (iii) a fee under Section 19-6-805;
2390 (iv) a charge under Title 69, Chapter 2, Part 4, Prepaid Wireless Telecommunications
2391Service Charges; or
2392 (v) a tax under this chapter.
2393 (d) Notwithstanding Subsection (1)(a)(ii) and in accordance with Title 63G, Chapter 3,
2394Utah Administrative Rulemaking Act, the commission shall make rules providing for a method
2395for making same-day payments other than by electronic funds transfer if making payments by
2396electronic funds transfer fails.
2397 (e) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2398commission shall establish by rule procedures and requirements for determining the amount a
2399seller is required to remit to the commission under this Subsection (1).
2400 (2) (a) Except as provided in Subsection (3), a seller subject to Subsection (1) or a
2401seller described in Subsection (4) may retain each month the amount allowed by this
2402Subsection (2).
2403 (b) A seller subject to Subsection (1) or a seller described in Subsection (4) may retain
2404each month 1.31% of any amounts the seller is required to remit to the commission:
2405 (i) for a transaction described in Subsection 59-12-103(1) that is subject to a state tax
2406and a local tax imposed in accordance with the following, for the month for which the seller is
2407filing a return in accordance with Subsection (1):
2408 (A) Subsection 59-12-103(2)(a);
2409 (B) Subsection 59-12-103(2)(b); and
2410 (C) Subsection 59-12-103(2)(d); and 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 79 -
2411 (ii) for an agreement sales and use tax.
2412 (c) (i) A seller subject to Subsection (1) or a seller described in Subsection (4) may
2413retain each month the amount calculated under Subsection (2)(c)(ii) for a transaction described
2414in Subsection 59-12-103(1) that is subject to the [state tax and the local] tax imposed in
2415accordance with Subsection 59-12-103(2)(c).
2416 (ii) For purposes of Subsection (2)(c)(i), the amount a seller may retain is an amount
2417equal to the sum of:
2418 (A) 1.31% of any amounts the seller is required to remit to the commission for:
2419 (I) the [state tax and the local] tax imposed in accordance with Subsection
242059-12-103(2)(c);
2421 (II) the month for which the seller is filing a return in accordance with Subsection (1);
2422and
2423 (III) an agreement sales and use tax; and
2424 (B) 1.31% of the difference between:
2425 (I) the amounts the seller would have been required to remit to the commission:
2426 (Aa) in accordance with Subsection 59-12-103(2)(a) if the transaction had been subject
2427to the state tax and the local tax imposed in accordance with Subsection 59-12-103(2)(a);
2428 (Bb) for the month for which the seller is filing a return in accordance with Subsection
2429(1); and
2430 (Cc) for an agreement sales and use tax; and
2431 (II) the amounts the seller is required to remit to the commission for:
2432 (Aa) the [state tax and the local] tax imposed in accordance with Subsection
243359-12-103(2)(c);
2434 (Bb) the month for which the seller is filing a return in accordance with Subsection (1);
2435and
2436 (Cc) an agreement sales and use tax.
2437 (d) A seller subject to Subsection (1) or a seller described in Subsection (4) may retain
2438each month 1% of any amounts the seller is required to remit to the commission:
2439 (i) for the month for which the seller is filing a return in accordance with Subsection
2440(1); and
2441 (ii) under: 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 80 -
2442 (A) Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act;
2443 (B) Subsection 59-12-603(1)(a)(i)(A);
2444 (C) Subsection 59-12-603(1)(a)(i)(B); or
2445 (D) Subsection 59-12-603(1)(a)(ii).
2446 (3) A state government entity that is required to remit taxes monthly in accordance
2447with Subsection (1) may not retain any amount under Subsection (2).
2448 (4) A seller that has a tax liability under this chapter for the previous calendar year of
2449less than $50,000 may:
2450 (a) voluntarily meet the requirements of Subsection (1); and
2451 (b) if the seller voluntarily meets the requirements of Subsection (1), retain the
2452amounts allowed by Subsection (2).
2453 (5) Penalties for late payment shall be as provided in Section 59-1-401.
2454 (6) (a) Except as provided in Subsection (6)(c), for any amounts required to be remitted
2455to the commission under this part, the commission shall each month calculate an amount equal
2456to the difference between:
2457 (i) the total amount retained for that month by all sellers had the percentages listed
2458under Subsections (2)(b) and (2)(c)(ii) been 1.5%; and
2459 (ii) the total amount retained for that month by all sellers at the percentages listed
2460under Subsections (2)(b) and (2)(c)(ii).
2461 (b) The commission shall each month allocate the amount calculated under Subsection
2462(6)(a) to each county, city, and town on the basis of the proportion of agreement sales and use
2463tax that the commission distributes to each county, city, and town for that month compared to
2464the total agreement sales and use tax that the commission distributes for that month to all
2465counties, cities, and towns.
2466 (c) The amount the commission calculates under Subsection (6)(a) may not include an
2467amount collected from a tax that:
2468 (i) the state imposes within a county, city, or town, including the unincorporated area
2469of a county; and
2470 (ii) is not imposed within the entire state.
2471 Section 10. Section 63N-2-502 is amended to read:
2472 63N-2-502. Definitions. 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 81 -
2473 As used in this part:
2474 (1) "Agreement" means an agreement described in Section 63N-2-503.
2475 (2) "Base taxable value" means the value of hotel property before the construction on a
2476qualified hotel begins, as that value is established by the county in which the hotel property is
2477located, using a reasonable valuation method that may include the value of the hotel property
2478on the county assessment rolls the year before the year during which construction on the
2479qualified hotel begins.
2480 (3) "Certified claim" means a claim that the office has approved and certified as
2481provided in Section 63N-2-505.
2482 (4) "Claim" means a written document submitted by a qualified hotel owner or host
2483local government to request a convention incentive.
2484 (5) "Claimant" means the qualified hotel owner or host local government that submits a
2485claim under Subsection 63N-2-505(1)(a) for a convention incentive.
2486 (6) "Commission" means the Utah State Tax Commission.
2487 (7) "Community reinvestment agency" means the same as that term is defined in
2488Section 17C-1-102.
2489 (8) "Construction revenue" means revenue generated from state taxes and local taxes
2490imposed on transactions occurring during the eligibility period as a result of the construction of
2491the hotel property, including purchases made by a qualified hotel owner and its subcontractors.
2492 (9) "Convention incentive" means an incentive for the development of a qualified
2493hotel, in the form of payment from the incentive fund as provided in this part, as authorized in
2494an agreement.
2495 (10) "Eligibility period" means:
2496 (a) the period that:
2497 (i) begins the date construction of a qualified hotel begins; and
2498 (ii) ends:
2499 (A) for purposes of the state portion, 20 years after the date of initial occupancy of that
2500qualified hotel; or
2501 (B) for purposes of the local portion and incremental property tax revenue, 25 years
2502after the date of initial occupancy of that hotel; or
2503 (b) as provided in an agreement between the office and a qualified hotel owner or host 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 82 -
2504local government, a period that:
2505 (i) begins no earlier than the date construction of a qualified hotel begins; and
2506 (ii) is shorter than the period described in Subsection (10)(a).
2507 (11) "Endorsement letter" means a letter:
2508 (a) from the county in which a qualified hotel is located or is proposed to be located;
2509 (b) signed by the county executive; and
2510 (c) expressing the county's endorsement of a developer of a qualified hotel as meeting
2511all the county's criteria for receiving the county's endorsement.
2512 (12) "Host agency" means the community reinvestment agency of the host local
2513government.
2514 (13) "Host local government" means:
2515 (a) a county that enters into an agreement with the office for the construction of a
2516qualified hotel within the unincorporated area of the county; or
2517 (b) a city or town that enters into an agreement with the office for the construction of a
2518qualified hotel within the boundary of the city or town.
2519 (14) "Hotel property" means a qualified hotel and any property that is included in the
2520same development as the qualified hotel, including convention, exhibit, and meeting space,
2521retail shops, restaurants, parking, and other ancillary facilities and amenities.
2522 (15) "Incentive fund" means the Convention Incentive Fund created in Section
252363N-2-503.5.
2524 (16) "Incremental property tax revenue" means the amount of property tax revenue
2525generated from hotel property that equals the difference between:
2526 (a) the amount of property tax revenue generated in any tax year by all taxing entities
2527from hotel property, using the current assessed value of the hotel property; and
2528 (b) the amount of property tax revenue that would be generated that tax year by all
2529taxing entities from hotel property, using the hotel property's base taxable value.
2530 (17) "Local portion" means the portion of new tax revenue that is generated by local
2531taxes.
2532 (18) "Local taxes" means a tax imposed under:
2533 (a) Section 59-12-204;
2534 (b) Section 59-12-301; 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 83 -
2535 (c) Sections 59-12-352 and 59-12-353;
2536 (d) Subsection 59-12-603(1)(a); or
2537 (e) Section 59-12-1102.
2538 (19) "New tax revenue" means construction revenue, offsite revenue, and onsite
2539revenue.
2540 (20) "Offsite revenue" means revenue generated from state taxes and local taxes
2541imposed on transactions by a third-party seller occurring other than on hotel property during the
2542eligibility period, if:
2543 (a) the transaction is subject to a tax under Title 59, Chapter 12, Sales and Use Tax
2544Act; and
2545 (b) the third-party seller voluntarily consents to the disclosure of information to the
2546office, as provided in Subsection 63N-2-505(2)(b)(i)(E).
2547 (21) "Onsite revenue" means revenue generated from state taxes and local taxes
2548imposed on transactions occurring on hotel property during the eligibility period.
2549 (22) "Public infrastructure" means:
2550 (a) water, sewer, storm drainage, electrical, telecommunications, and other similar
2551systems and lines;
2552 (b) streets, roads, curbs, gutters, sidewalks, walkways, parking facilities, and public
2553transportation facilities; and
2554 (c) other buildings, facilities, infrastructure, and improvements that benefit the public.
2555 (23) "Qualified hotel" means a full-service hotel development constructed in the state
2556on or after July 1, 2014 that:
2557 (a) requires a significant capital investment;
2558 (b) includes at least 85 square feet of convention, exhibit, and meeting space per guest
2559room; and
2560 (c) is located within 1,000 feet of a convention center that contains at least 500,000
2561square feet of convention, exhibit, and meeting space.
2562 (24) "Qualified hotel owner" means a person who owns a qualified hotel.
2563 (25) "Review committee" means the independent review committee established under
2564Section 63N-2-504.
2565 (26) "Significant capital investment" means an amount of at least $200,000,000. 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 84 -
2566 (27) "State portion" means the portion of new tax revenue that is generated by state
2567taxes.
2568 (28) "State taxes" means a tax imposed under Subsection 59-12-103(2)(a)(i), (2)(b)(i),
2569[(2)(c)(i),] or (2)(e)(i)(A).
2570 (29) "Third-party seller" means a person who is a seller in a transaction:
2571 (a) occurring other than on hotel property;
2572 (b) that is:
2573 (i) the sale, rental, or lease of a room or of convention or exhibit space or other
2574facilities on hotel property; or
2575 (ii) the sale of tangible personal property or a service that is part of a bundled
2576transaction, as defined in Section 59-12-102, with a sale, rental, or lease described in
2577Subsection (29)(b)(i); and
2578 (c) that is subject to a tax under Title 59, Chapter 12, Sales and Use Tax Act.
2579 Section 11. Section 63N-7-301 is amended to read:
2580 63N-7-301. Tourism Marketing Performance Account.
2581 (1) There is created within the General Fund a restricted account known as the Tourism
2582Marketing Performance Account.
2583 (2) The account shall be administered by the tourism office for the purposes listed in
2584Subsections (6) [through (8)] and (7).
2585 (3) (a) The account shall earn interest.
2586 (b) All interest earned on account money shall be deposited into the account.
2587 (4) The account shall be funded by appropriations made to the account by the
2588Legislature in accordance with this section.
2589 (5) The managing director shall use account money appropriated to the tourism office
2590to pay for the statewide advertising, marketing, and branding campaign for promotion of the
2591state as conducted by the tourism office.
2592 (6) (a) For each fiscal year, the tourism office shall annually allocate 10% of the
2593account money appropriated to the tourism office to a sports organization for advertising,
2594marketing, branding, and promoting Utah in attracting sporting events into the state.
2595 (b) The sports organization shall:
2596 (i) provide an annual written report to the tourism office that gives an accounting of the 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 85 -
2597use of funds the sports organization receives under this Subsection (6); and
2598 (ii) promote the state and encourage economic growth in the state.
2599 [(7) Money deposited into the account shall include a legislative appropriation from the
2600cumulative sales and use tax revenue increases described in Subsection (8), plus any additional
2601appropriation made by the Legislature.]
2602 [(8) (a) In fiscal years 2006 through 2019, a portion of the state sales and use tax
2603revenues determined under this Subsection (8) shall be certified by the State Tax Commission
2604as a set-aside for the account, and the State Tax Commission shall report the amount of the
2605set-aside to the office, the Office of Legislative Fiscal Analyst, and the Division of Finance,
2606which shall set aside the certified amount for appropriation to the account.]
2607 [(b) For fiscal years 2016 through 2019, the State Tax Commission shall calculate the
2608set-aside under this Subsection (8) in each fiscal year by applying one of the following
2609formulas: if the annual percentage change in the Consumer Price Index for All Urban
2610Consumers, as published by the Bureau of Labor Statistics of the United States Department of
2611Labor, for the fiscal year two years before the fiscal year in which the set-aside is to be made
2612is:]
2613 [(i) greater than 3%, and if the annual percentage change in the state sales and use tax
2614revenues attributable to the retail sales of tourist-oriented goods and services from the fiscal
2615year three years before the fiscal year in which the set-aside is to be made to the fiscal year two
2616years before the fiscal year in which the set-aside is to be made is greater than the annual
2617percentage change in the Consumer Price Index for the fiscal year two years before the fiscal
2618year in which the set-aside is to be made, then the difference between the annual percentage
2619change in the state sales and use tax revenues attributable to the retail sales of tourist-oriented
2620goods and services and the annual percentage change in the Consumer Price Index shall be
2621multiplied by an amount equal to the state sales and use tax revenues attributable to the retail
2622sales of tourist-oriented goods and services from the fiscal year three years before the fiscal
2623year in which the set-aside is to be made; or]
2624 [(ii) 3% or less, and if the annual percentage change in the state sales and use tax
2625revenues attributable to the retail sales of tourist-oriented goods and services from the fiscal
2626year three years before the fiscal year in which the set-aside is to be made to the fiscal year two
2627years before the fiscal year in which the set-aside is to be made is greater than 3%, then the 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 86 -
2628difference between the annual percentage change in the state sales and use tax revenues
2629attributable to the retail sales of tourist-oriented goods and services and 3% shall be multiplied
2630by an amount equal to the state sales and use tax revenues attributable to the retail sales of
2631tourist-oriented goods and services from the fiscal year three years before the fiscal year in
2632which the set-aside is to be made.]
2633 [(c) The total money appropriated to the account in a fiscal year under Subsections
2634(8)(a) and (b) may not exceed the amount appropriated to the account in the preceding fiscal
2635year by more than $3,000,000.]
2636 [(d) As used in this Subsection (8), "state sales and use tax revenues" are revenues
2637collected under Subsections 59-12-103(2)(a)(i)(A) and 59-12-103(2)(c)(i).]
2638 [(e) As used in this Subsection (8), "retail sales of tourist-oriented goods and services"
2639are calculated by adding the following percentages of sales from each business registered with
2640the State Tax Commission under one of the following codes of the 2012 North American
2641Industry Classification System of the federal Executive Office of the President, Office of
2642Management and Budget:]
2643 [(i) 80% of the sales from each business under NAICS Codes:]
2644 [(A) 532111 Passenger Car Rental;]
2645 [(B) 53212 Truck, Utility Trailer, and RV (Recreational Vehicle) Rental and Leasing;]
2646 [(C) 5615 Travel Arrangement and Reservation Services;]
2647 [(D) 7211 Traveler Accommodation; and]
2648 [(E) 7212 RV (Recreational Vehicle) Parks and Recreational Camps;]
2649 [(ii) 25% of the sales from each business under NAICS Codes:]
2650 [(A) 51213 Motion Picture and Video Exhibition;]
2651 [(B) 532292 Recreational Goods Rental;]
2652 [(C) 711 Performing Arts, Spectator Sports, and Related Industries;]
2653 [(D) 712 Museums, Historical Sites, and Similar Institutions; and]
2654 [(E) 713 Amusement, Gambling, and Recreation Industries;]
2655 [(iii) 20% of the sales from each business under NAICS Code 722 Food Services and
2656Drinking Places;]
2657 [(iv) 18% of the sales from each business under NAICS Codes:]
2658 [(A) 447 Gasoline Stations; and] 02-26-23 1:43 PM 2nd Sub. (Gray) H.B. 54
- 87 -
2659 [(B) 81293 Parking Lots and Garages;]
2660 [(v) 14% of the sales from each business under NAICS Code 8111 Automotive Repair
2661and Maintenance; and]
2662 [(vi) 5% of the sales from each business under NAICS Codes:]
2663 [(A) 445 Food and Beverage Stores;]
2664 [(B) 446 Health and Personal Care Stores;]
2665 [(C) 448 Clothing and Clothing Accessories Stores;]
2666 [(D) 451 Sporting Goods, Hobby, Musical Instrument, and Book Stores;]
2667 [(E) 452 General Merchandise Stores; and]
2668 [(F) 453 Miscellaneous Store Retailers.]
2669 [(9)] (7) (a) For each fiscal year, the tourism office shall allocate 20% of the funds
2670appropriated to the Tourism Marketing and Performance Account to the cooperative program
2671described in this Subsection [(9)] (7).
2672 (b) Money allocated to the cooperative program may be awarded to cities, counties,
2673nonprofit destination marketing organizations, and similar public entities for the purpose of
2674supplementing money committed by these entities for advertising and promoting sites and
2675events in the state.
2676 (c) The tourism office shall establish:
2677 (i) an application and approval process for an entity to receive a cooperative program
2678award, including an application deadline;
2679 (ii) the criteria for awarding a cooperative program award, which shall emphasize
2680attracting out-of-state visitors, and may include attracting in-state visitors, to sites and events in
2681the state; and
2682 (iii) eligibility, advertising, timing, and reporting requirements of an entity that
2683receives a cooperative program award.
2684 (d) Money allocated to the cooperative program that is not used in each fiscal year shall
2685be returned to the Tourism Marketing Performance Account.
2686 Section 12. Contingent effective date.
2687 The changes to Sections 59-12-102, 59-12-103, 59-12-108, 63N-2-502, and 63N-7-301
2688take effect January 1, 2025, if the amendment to the Utah Constitution proposed by S.J.R. 10,
2689Proposal to Amend Utah Constitution - Income Tax, 2023 General Session, passes the 2nd Sub. (Gray) H.B. 54 02-26-23 6:13 PM
- 88 -
2690Legislature and is approved by a majority of those voting on it at the next regular general
2691election.
2692 Section 13. Retrospective operation.
2693 The following sections have retrospective operation for a taxable year beginning on or
2694after January 1, 2023:
2695 (1) Section 59-7-104;
2696 (2) Section 59-7-201;
2697 (3) Section 59-10-104;
2698 (4) Section 59-10-1018;
2699 (5) Section 59-10-1042; and
2700 (6) Section 59-10-1044.