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S.J.R. 11 Enrolled

                 

RESOLUTION ON TAXATION OF REMOTE

                 
SALES AND DEVELOPING TECHNOLOGIES

                 
2001 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: John L. Valentine

                  This joint resolution of the Legislature encourages the Utah Tax Review Commission to
                  study and develop a plan to minimize taxes and remove burdens imposed by the taxes on
                  persons using developing technologies. The Legislature urges that this study and plan
                  incorporate the principles of opposing certain taxes, and minimizing the application of taxes
                  and administrative burdens on business conducted through the use of developing
                  technologies. The Legislature authorizes the plan developed by the Utah Tax Review
                  Commission to provide for the imposition of sales or use taxes on a transaction conducted
                  through the use of developing technologies to the extent that the transaction would be
                  taxable if the transaction was not conducted through the use of developing technologies.
                  Be it resolved by the Legislature of the state of Utah:
                      WHEREAS, the use of developing technology, including computers, electronic
                  transmission of data, the Internet, and e-commerce, is a vital economic engine in increasing
                  efficiency and in dramatically improving transmission and sharing of information;
                      WHEREAS, the goal of Utah tax policy is to foster economic growth, and to minimize
                  burdens on the development and use of developing technologies;
                      WHEREAS, under an Executive Order signed by Governor Michael O. Leavitt on January
                  18, 2000, the Utah Tax Review Commission is requested and directed to study and develop a plan
                  for tax simplification;
                      WHEREAS, it is the policy of this Legislature to oppose taxation of the Internet itself,
                  including taxes on access to the Internet, bit taxes, discriminatory taxes, or multiple taxes;
                      WHEREAS, it is the policy of this Legislature to oppose the introduction of new taxes on
                  such developing technology;
                      WHEREAS, it is the policy of this Legislature to oppose the introduction of any new tax
                  on remote sales; and


                      WHEREAS, it is the policy of this Legislature to foster and to encourage the growth of the
                  economy through the use of developing technologies, including making positive efforts to remove
                  barriers and burdens imposed by the tax system:
                      NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah
                  encourages the Utah Tax Review Commission to study and develop a plan to minimize and remove
                  burdens imposed by taxes on persons using developing technologies in business and for other
                  purposes, and encourages the Utah Tax Review Commission to make regular reports on the study
                  and plan to the Revenue and Taxation Interim Committee.
                      BE IT FURTHER RESOLVED that the Utah Tax Review Commission be directed to
                  incorporate into this study the principles expressed in this resolution.
                      BE IT FURTHER RESOLVED that the plan developed by the Utah Tax Review
                  Commission not include any new taxes imposed on providing Internet services or on providing
                  electronic communications.
                      BE IT FURTHER RESOLVED that the plan developed by the Utah Tax Review
                  Commission not recommend the application of sales and use taxes to electronic data, information,
                  or services.
                      BE IT FURTHER RESOLVED that the plan developed by the Utah Tax Review
                  Commission minimize the application of taxes to and administrative burdens on business conducted
                  through the use of developing technologies.
                      BE IT FURTHER RESOLVED that the plan developed by the Utah Tax Review
                  Commission may provide for the imposition of sales or use taxes on a transaction conducted through
                  the use of developing technologies involving tangible personal property or a service to the extent that
                  the transaction would be taxable if the transaction was not conducted through the use of developing
                  technologies.

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