1     
SALES AND USE TAX MODIFICATIONS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Steve Eliason

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to sales and use taxes.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     addresses the circumstances under which a person may be required to collect and
14     remit sales and use taxes to the State Tax Commission;
15          ▸     provides for expedited judicial review;
16          ▸     makes technical and conforming changes; and
17          ▸     contains a severability clause.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          This bill provides a severability clause.
22          This bill provides a special effective date.
23     Utah Code Sections Affected:
24     AMENDS:
25          59-1-401, as last amended by Laws of Utah 2015, Chapter 369
26          59-12-103.1, as last amended by Laws of Utah 2016, Chapter 135
27          59-12-107, as last amended by Laws of Utah 2012, Chapters 178, 312, and 399

28          59-12-108, as last amended by Laws of Utah 2013, Chapter 50
29          59-12-211, as last amended by Laws of Utah 2012, Chapter 312
30          59-12-211.1, as last amended by Laws of Utah 2012, Chapter 312
31          76-8-1101, as last amended by Laws of Utah 2014, Chapter 52
32          78A-3-102, as last amended by Laws of Utah 2009, Chapter 344
33     ENACTS:
34          59-12-107.6, Utah Code Annotated 1953
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 59-1-401 is amended to read:
38          59-1-401. Definitions -- Offenses and penalties -- Rulemaking authority -- Statute
39     of limitations -- Commission authority to waive, reduce, or compromise penalty or
40     interest.
41          (1) As used in this section:
42          [(a) "Activated tax, fee, or charge" means a tax, fee, or charge with respect to which the
43     commission:]
44          [(i) has implemented the commission's GenTax system; and]
45          [(ii) at least 30 days before implementing the commission's GenTax system as
46     described in Subsection (1)(a)(i), has provided notice in a conspicuous place on the
47     commission's website stating:]
48          [(A) the date the commission will implement the GenTax system with respect to the
49     tax, fee, or charge; and]
50          [(B) that, at the time the commission implements the GenTax system with respect to
51     the tax, fee, or charge:]
52          [(I) a person that files a return after the due date as described in Subsection (2)(a) is
53     subject to the penalty described in Subsection (2)(c)(ii); and]
54          [(II) a person that fails to pay the tax, fee, or charge as described in Subsection (3)(a) is
55     subject to the penalty described in Subsection (3)(b)(ii).]
56          [(b) "Activation date for a tax, fee, or charge" means with respect to a tax, fee, or
57     charge, the later of:]
58          [(i) the date on which the commission implements the commission's GenTax system

59     with respect to the tax, fee, or charge; or]
60          [(ii) 30 days after the date the commission provides the notice described in Subsection
61     (1)(a)(ii) with respect to the tax, fee, or charge.]
62          [(c) (i)] (a) Except as provided in Subsection (1)[(c)(ii)](b), "tax, fee, or charge"
63     means:
64          [(A)] (i) a tax, fee, or charge the commission administers under:
65          [(I)] (A) this title;
66          [(II)] (B) Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act;
67          [(III)] (C) Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act;
68          [(IV)] (D) Section 19-6-410.5;
69          [(V)] (E) Section 19-6-714;
70          [(VI)] (F) Section 19-6-805;
71          [(VII)] (G) Section 32B-2-304;
72          [(VIII)] (H) Section 34A-2-202;
73          [(IX)] (I) Section 40-6-14;
74          [(X)] (J) Section 69-2-5;
75          [(XI)] (K) Section 69-2-5.5; or
76          [(XII)] (L) Section 69-2-5.6; or
77          [(B)] (ii) another amount that by statute is subject to a penalty imposed under this
78     section.
79          [(ii)] (b) "Tax, fee, or charge" does not include a tax, fee, or charge imposed under:
80          [(A)] (i) Title 41, Chapter 1a, Motor Vehicle Act, except for Section 41-1a-301;
81          [(B)] (ii) Title 41, Chapter 3, Motor Vehicle Business Regulation Act;
82          [(C)] (iii) Chapter 2, Property Tax Act, except for Section 59-2-1309;
83          [(D)] (iv) Chapter 3, Tax Equivalent Property Act; or
84          [(E)] (v) Chapter 4, Privilege Tax.
85          [(d) "Unactivated tax, fee, or charge" means a tax, fee, or charge except for an
86     activated tax, fee, or charge.]
87          (2) (a) The due date for filing a return is:
88          (i) if the person filing the return is not allowed by law an extension of time for filing
89     the return, the day on which the return is due as provided by law; or

90          (ii) if the person filing the return is allowed by law an extension of time for filing the
91     return, the earlier of:
92          (A) the date the person files the return; or
93          (B) the last day of that extension of time as allowed by law.
94          (b) A penalty in the amount described in Subsection (2)(c) is imposed if a person files a
95     return after the due date described in Subsection (2)(a).
96          (c) For purposes of Subsection (2)(b), the penalty is an amount equal to the greater of:
97          [(i) if the return described in Subsection (2)(b) is filed with respect to an unactivated
98     tax, fee, or charge:]
99          [(A) $20; or]
100          [(B) 10% of the unpaid unactivated tax, fee, or charge due on the return; or]
101          [(ii) if the return described in Subsection (2)(b) is filed with respect to an activated tax,
102     fee, or charge, beginning on the activation date for the tax, fee, or charge:]
103          [(A)] (i) $20; or
104          [(B) (I)] (ii) (A) 2% of the unpaid [activated] tax, fee, or charge due on the return if the
105     return is filed no later than five days after the due date described in Subsection (2)(a);
106          [(II)] (B) 5% of the unpaid [activated] tax, fee, or charge due on the return if the return
107     is filed more than five days after the due date but no later than 15 days after the due date
108     described in Subsection (2)(a); or
109          [(III)] (C) 10% of the unpaid [activated] tax, fee, or charge due on the return if the
110     return is filed more than 15 days after the due date described in Subsection (2)(a).
111          (d) This Subsection (2) does not apply to:
112          (i) an amended return; or
113          (ii) a return with no tax due.
114          (3) (a) A person is subject to a penalty for failure to pay a tax, fee, or charge if:
115          (i) the person files a return on or before the due date for filing a return described in
116     Subsection (2)(a), but fails to pay the tax, fee, or charge due on the return on or before that due
117     date;
118          (ii) the person:
119          (A) is subject to a penalty under Subsection (2)(b); and
120          (B) fails to pay the tax, fee, or charge due on a return within a 90-day period after the

121     due date for filing a return described in Subsection (2)(a);
122          (iii) (A) the person is subject to a penalty under Subsection (2)(b); and
123          (B) the commission estimates an amount of tax due for that person in accordance with
124     Subsection 59-1-1406(2);
125          (iv) the person:
126          (A) is mailed a notice of deficiency; and
127          (B) within a 30-day period after the day on which the notice of deficiency described in
128     Subsection (3)(a)(iv)(A) is mailed:
129          (I) does not file a petition for redetermination or a request for agency action; and
130          (II) fails to pay the tax, fee, or charge due on a return;
131          (v) (A) the commission:
132          (I) issues an order constituting final agency action resulting from a timely filed petition
133     for redetermination or a timely filed request for agency action; or
134          (II) is considered to have denied a request for reconsideration under Subsection
135     63G-4-302(3)(b) resulting from a timely filed petition for redetermination or a timely filed
136     request for agency action; and
137          (B) the person fails to pay the tax, fee, or charge due on a return within a 30-day period
138     after the [date] day on which the commission:
139          (I) issues the order constituting final agency action described in Subsection
140     (3)(a)(v)(A)(I); or
141          (II) is considered to have denied the request for reconsideration described in
142     Subsection (3)(a)(v)(A)(II); or
143          (vi) the person fails to pay the tax, fee, or charge within [a 30-day period] 30 days after
144     the [date of] day on which a court issues a final judicial decision resulting from a timely filed
145     petition for judicial review.
146          (b) For purposes of Subsection (3)(a), the penalty is an amount equal to the greater of:
147          [(i) if the failure to pay a tax, fee, or charge as described in Subsection (3)(a) is with
148     respect to an unactivated tax, fee, or charge:]
149          [(A) $20; or]
150          [(B) 10% of the unpaid unactivated tax, fee, or charge due on the return; or]
151          [(ii) if the failure to pay a tax, fee, or charge as described in Subsection (3)(a) is with

152     respect to an activated tax, fee, or charge, beginning on the activation date:]
153          [(A)] (i) $20; or
154          [(B) (I)] (ii) (A) 2% of the unpaid [activated] tax, fee, or charge due on the return if the
155     [activated] tax, fee, or charge due on the return is paid no later than five days after the due date
156     for filing a return described in Subsection (2)(a);
157          [(II)] (B) 5% of the unpaid [activated] tax, fee, or charge due on the return if the
158     [activated] tax, fee, or charge due on the return is paid more than five days after the due date
159     for filing a return described in Subsection (2)(a) but no later than 15 days after that due date; or
160          [(III)] (C) 10% of the unpaid [activated] tax, fee, or charge due on the return if the
161     [activated] tax, fee, or charge due on the return is paid more than 15 days after the due date for
162     filing a return described in Subsection (2)(a).
163          (4) (a) Beginning January 1, 1995, in the case of any underpayment of estimated tax or
164     quarterly installments required by Sections 59-5-107, 59-5-207, 59-7-504, and 59-9-104, there
165     shall be added a penalty in an amount determined by applying the interest rate provided under
166     Section 59-1-402 plus four percentage points to the amount of the underpayment for the period
167     of the underpayment.
168          (b) (i) For purposes of Subsection (4)(a), the amount of the underpayment shall be the
169     excess of the required installment over the amount, if any, of the installment paid on or before
170     the due date for the installment.
171          (ii) The period of the underpayment shall run from the due date for the installment to
172     whichever of the following dates is the earlier:
173          (A) the original due date of the tax return, without extensions, for the taxable year; or
174          (B) with respect to any portion of the underpayment, the date on which that portion is
175     paid.
176          (iii) For purposes of this Subsection (4), a payment of estimated tax shall be credited
177     against unpaid required installments in the order in which the installments are required to be
178     paid.
179          (5) (a) Notwithstanding Subsection (2) and except as provided in Subsection (6), a
180     person allowed by law an extension of time for filing a corporate franchise or income tax return
181     under Chapter 7, Corporate Franchise and Income Taxes, or an individual income tax return
182     under Chapter 10, Individual Income Tax Act, is subject to a penalty in the amount described in

183     Subsection (5)(b) if, on or before the day on which the return is due as provided by law, not
184     including the extension of time, the person fails to pay:
185          (i) for a person filing a corporate franchise or income tax return under Chapter 7,
186     Corporate Franchise and Income Taxes, the payment required by Subsection 59-7-507(1)(b); or
187          (ii) for a person filing an individual income tax return under Chapter 10, Individual
188     Income Tax Act, the payment required by Subsection 59-10-516(2).
189          (b) For purposes of Subsection (5)(a), the penalty per month during the period of the
190     extension of time for filing the return is an amount equal to 2% of the tax due on the return,
191     unpaid as of the day on which the return is due as provided by law.
192          (6) If a person does not file a return within an extension of time allowed by Section
193     59-7-505 or 59-10-516, the person:
194          (a) is not subject to a penalty in the amount described in Subsection (5)(b); and
195          (b) is subject to a penalty in an amount equal to the sum of:
196          (i) a late file penalty in an amount equal to the greater of:
197          (A) $20; or
198          (B) 10% of the tax due on the return, unpaid as of the day on which the return is due as
199     provided by law, not including the extension of time; and
200          (ii) a late pay penalty in an amount equal to the greater of:
201          (A) $20; or
202          (B) 10% of the unpaid tax due on the return, unpaid as of the day on which the return is
203     due as provided by law, not including the extension of time.
204          (7) (a) Additional penalties for an underpayment of a tax, fee, or charge are as provided
205     in this Subsection (7)(a).
206          (i) Except as provided in Subsection (7)(c), if any portion of an underpayment of a tax,
207     fee, or charge is due to negligence, the penalty is 10% of the portion of the underpayment that
208     is due to negligence.
209          (ii) Except as provided in Subsection (7)(d), if any portion of an underpayment of a
210     tax, fee, or charge is due to intentional disregard of law or rule, the penalty is 15% of the entire
211     underpayment.
212          (iii) If any portion of an underpayment is due to an intent to evade a tax, fee, or charge,
213     the penalty is the greater of $500 per period or 50% of the entire underpayment.

214          (iv) If any portion of an underpayment is due to fraud with intent to evade a tax, fee, or
215     charge, the penalty is the greater of $500 per period or 100% of the entire underpayment.
216          (b) If the commission determines that a person is liable for a penalty imposed under
217     Subsection (7)(a)(ii), (iii), or (iv), the commission shall notify the person of the proposed
218     penalty.
219          (i) The notice of proposed penalty shall:
220          (A) set forth the basis of the assessment; and
221          (B) be mailed by certified mail, postage prepaid, to the person's last-known address.
222          (ii) Upon receipt of the notice of proposed penalty, the person against whom the
223     penalty is proposed may:
224          (A) pay the amount of the proposed penalty at the place and time stated in the notice;
225     or
226          (B) proceed in accordance with the review procedures of Subsection (7)(b)(iii).
227          (iii) A person against whom a penalty is proposed in accordance with this Subsection
228     (7) may contest the proposed penalty by filing a petition for an adjudicative proceeding with
229     the commission.
230          (iv) (A) If the commission determines that a person is liable for a penalty under this
231     Subsection (7), the commission shall assess the penalty and give notice and demand for
232     payment.
233          (B) The commission shall mail the notice and demand for payment described in
234     Subsection (7)(b)(iv)(A):
235          (I) to the person's last-known address; and
236          (II) in accordance with Section 59-1-1404.
237          (c) A seller that voluntarily collects a tax under Subsection 59-12-107(2)[(d)](e)(i) is
238     not subject to the penalty under Subsection (7)(a)(i) if on or after July 1, 2001:
239          (i) a court of competent jurisdiction issues a final, unappealable judgment or order
240     determining that:
241          (A) the seller meets one or more of the criteria described in Subsection 59-12-107(2)(a)
242     or is a seller required to pay or collect and remit sales and use taxes under Subsection
243     59-12-107(2)(b) or (d); and
244          (B) the commission or a county, city, or town may require the seller to collect a tax

245     under Subsections 59-12-103(2)(a) through (d); or
246          (ii) the commission issues a final, unappealable administrative order determining that:
247          (A) the seller meets one or more of the criteria described in Subsection 59-12-107(2)(a)
248     or is a seller required to pay or collect and remit sales and use taxes under Subsection
249     59-12-107(2)(b) or (d); and
250          (B) the commission or a county, city, or town may require the seller to collect a tax
251     under Subsections 59-12-103(2)(a) through (d).
252          (d) A seller that voluntarily collects a tax under Subsection 59-12-107(2)[(d)](e)(i) is
253     not subject to the penalty under Subsection (7)(a)(ii) if:
254          (i) (A) a court of competent jurisdiction issues a final, unappealable judgment or order
255     determining that:
256          (I) the seller meets one or more of the criteria described in Subsection 59-12-107(2)(a)
257     or is a seller required to pay or collect and remit sales and use taxes under Subsection
258     59-12-107(2)(b) or (d); and
259          (II) the commission or a county, city, or town may require the seller to collect a tax
260     under Subsections 59-12-103(2)(a) through (d); or
261          (B) the commission issues a final, unappealable administrative order determining that:
262          (I) the seller meets one or more of the criteria described in Subsection 59-12-107(2)(a)
263     or is a seller required to pay or collect and remit sales and use taxes under Subsection
264     59-12-107(2)(b) or (d); and
265          (II) the commission or a county, city, or town may require the seller to collect a tax
266     under Subsections 59-12-103(2)(a) through (d); and
267          (ii) the seller's intentional disregard of law or rule is warranted by existing law or by a
268     nonfrivolous argument for the extension, modification, or reversal of existing law or the
269     establishment of new law.
270          (8) (a) Subject to Subsections (8)(b) and (c), the penalty for failure to file an
271     information return, information report, or a complete supporting schedule is $50 for each
272     information return, information report, or supporting schedule up to a maximum of $1,000.
273          (b) If an employer is subject to a penalty under Subsection (13), the employer may not
274     be subject to a penalty under Subsection (8)(a).
275          (c) If an employer is subject to a penalty under this Subsection (8) for failure to file a

276     return in accordance with Subsection 59-10-406(3) on or before the due date described in
277     Subsection 59-10-406(3)(b)(ii), the commission may not impose a penalty under this
278     Subsection (8) unless the return is filed more than 14 days after the due date described in
279     Subsection 59-10-406(3)(b)(ii).
280          (9) If a person, in furtherance of a frivolous position, has a prima facie intent to delay
281     or impede administration of a law relating to a tax, fee, or charge and files a purported return
282     that fails to contain information from which the correctness of reported tax, fee, or charge
283     liability can be determined or that clearly indicates that the tax, fee, or charge liability shown is
284     substantially incorrect, the penalty is $500.
285          (10) (a) A seller that fails to remit a tax, fee, or charge monthly as required by
286     Subsection 59-12-108(1)(a):
287          (i) is subject to a penalty described in Subsection (2); and
288          (ii) may not retain the percentage of sales and use taxes that would otherwise be
289     allowable under Subsection 59-12-108(2).
290          (b) A seller that fails to remit a tax, fee, or charge by electronic funds transfer as
291     required by Subsection 59-12-108(1)(a)(ii)(B):
292          (i) is subject to a penalty described in Subsection (2); and
293          (ii) may not retain the percentage of sales and use taxes that would otherwise be
294     allowable under Subsection 59-12-108(2).
295          (11) (a) A person is subject to the penalty provided in Subsection (11)(c) if that person:
296          (i) commits an act described in Subsection (11)(b) with respect to one or more of the
297     following documents:
298          (A) a return;
299          (B) an affidavit;
300          (C) a claim; or
301          (D) a document similar to Subsections (11)(a)(i)(A) through (C);
302          (ii) knows or has reason to believe that the document described in Subsection (11)(a)(i)
303     will be used in connection with any material matter administered by the commission; and
304          (iii) knows that the document described in Subsection (11)(a)(i), if used in connection
305     with any material matter administered by the commission, would result in an understatement of
306     another person's liability for a tax, fee, or charge.

307          (b) The following acts apply to Subsection (11)(a)(i):
308          (i) preparing any portion of a document described in Subsection (11)(a)(i);
309          (ii) presenting any portion of a document described in Subsection (11)(a)(i);
310          (iii) procuring any portion of a document described in Subsection (11)(a)(i);
311          (iv) advising in the preparation or presentation of any portion of a document described
312     in Subsection (11)(a)(i);
313          (v) aiding in the preparation or presentation of any portion of a document described in
314     Subsection (11)(a)(i);
315          (vi) assisting in the preparation or presentation of any portion of a document described
316     in Subsection (11)(a)(i); or
317          (vii) counseling in the preparation or presentation of any portion of a document
318     described in Subsection (11)(a)(i).
319          (c) For purposes of Subsection (11)(a), the penalty:
320          (i) shall be imposed by the commission;
321          (ii) is $500 for each document described in Subsection (11)(a)(i) with respect to which
322     the person described in Subsection (11)(a) meets the requirements of Subsection (11)(a); and
323          (iii) is in addition to any other penalty provided by law.
324          (d) The commission may seek a court order to enjoin a person from engaging in
325     conduct that is subject to a penalty under this Subsection (11).
326          (e) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
327     commission may make rules prescribing the documents that are similar to Subsections
328     (11)(a)(i)(A) through (C).
329          (12) (a) As provided in Section 76-8-1101, criminal offenses and penalties are as
330     provided in Subsections (12)(b) through (e).
331          (b) (i) A person [who] is guilty of a class B misdemeanor if the person:
332          (A) is required by this title or any laws the commission administers or regulates to
333     register with or obtain a license or permit from the commission[, who]; and
334          (B) operates without having registered or secured a license or permit[,] or [who]
335     operates when the registration, license, or permit is expired or not current[, is guilty of a class
336     B misdemeanor].
337          (ii) Notwithstanding Section 76-3-301, for purposes of Subsection (12)(b)(i), the

338     penalty may not:
339          (A) be less than $500; or
340          (B) exceed $1,000.
341          (c) (i) With respect to a tax, fee, or charge, a person [who] is guilty of a third degree
342     felony if the person:
343          (A) knowingly and intentionally, and without a reasonable good faith basis, fails to
344     make, render, sign, or verify a return within the time required by law or to supply information
345     within the time required by law[, or who];
346          (B) makes, renders, signs, or verifies a false or fraudulent return or statement[,]; or
347     [who]
348          (C) supplies false or fraudulent information[, is guilty of a third degree felony].
349          (ii) Notwithstanding Section 76-3-301, for purposes of Subsection (12)(c)(i), the
350     penalty may not:
351          (A) be less than $1,000; or
352          (B) exceed $5,000.
353          (d) (i) A person who intentionally or willfully attempts to evade or defeat a tax, fee, or
354     charge or the payment of a tax, fee, or charge is, in addition to other penalties provided by law,
355     guilty of a second degree felony.
356          (ii) Notwithstanding Section 76-3-301, for purposes of Subsection (12)(d)(i), the
357     penalty may not:
358          (A) be less than $1,500; or
359          (B) exceed $25,000.
360          (e) (i) A person is guilty of a second degree felony if that person commits an act:
361          (A) described in Subsection (12)(e)(ii) with respect to one or more of the following
362     documents:
363          (I) a return;
364          (II) an affidavit;
365          (III) a claim; or
366          (IV) a document similar to Subsections (12)(e)(i)(A)(I) through (III); and
367          (B) subject to Subsection (12)(e)(iii), with knowledge that the document described in
368     Subsection (12)(e)(i)(A):

369          (I) is false or fraudulent as to any material matter; and
370          (II) could be used in connection with any material matter administered by the
371     commission.
372          (ii) The following acts apply to Subsection (12)(e)(i):
373          (A) preparing any portion of a document described in Subsection (12)(e)(i)(A);
374          (B) presenting any portion of a document described in Subsection (12)(e)(i)(A);
375          (C) procuring any portion of a document described in Subsection (12)(e)(i)(A);
376          (D) advising in the preparation or presentation of any portion of a document described
377     in Subsection (12)(e)(i)(A);
378          (E) aiding in the preparation or presentation of any portion of a document described in
379     Subsection (12)(e)(i)(A);
380          (F) assisting in the preparation or presentation of any portion of a document described
381     in Subsection (12)(e)(i)(A); or
382          (G) counseling in the preparation or presentation of any portion of a document
383     described in Subsection (12)(e)(i)(A).
384          (iii) This Subsection (12)(e) applies:
385          (A) regardless of whether the person for which the document described in Subsection
386     (12)(e)(i)(A) is prepared or presented:
387          (I) knew of the falsity of the document described in Subsection (12)(e)(i)(A); or
388          (II) consented to the falsity of the document described in Subsection (12)(e)(i)(A); and
389          (B) in addition to any other penalty provided by law.
390          (iv) Notwithstanding Section 76-3-301, for purposes of this Subsection (12)(e), the
391     penalty may not:
392          (A) be less than $1,500; or
393          (B) exceed $25,000.
394          (v) The commission may seek a court order to enjoin a person from engaging in
395     conduct that is subject to a penalty under this Subsection (12)(e).
396          (vi) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
397     the commission may make rules prescribing the documents that are similar to Subsections
398     (12)(e)(i)(A)(I) through (III).
399          (f) The statute of limitations for prosecution for a violation of this Subsection (12) is

400     the later of six years:
401          (i) from the date the tax should have been remitted; or
402          (ii) after the day on which the person commits the criminal offense.
403          (13) (a) Subject to Subsection (13)(b), an employer that is required to file a form with
404     the commission in accordance with Subsection 59-10-406(8) is subject to a penalty described
405     in Subsection (13)(b) if the employer:
406          (i) fails to file the form with the commission in an electronic format approved by the
407     commission as required by Subsection 59-10-406(8);
408          (ii) fails to file the form on or before the due date provided in Subsection 59-10-406(8);
409          (iii) fails to provide accurate information on the form; or
410          (iv) fails to provide all of the information required by the Internal Revenue Service to
411     be contained on the form.
412          (b) For purposes of Subsection (13)(a), the penalty is:
413          (i) $30 per form, not to exceed $75,000 in a calendar year, if the employer files the
414     form in accordance with Subsection 59-10-406(8), more than 14 days after the due date
415     provided in Subsection 59-10-406(8) but no later than 30 days after the due date provided in
416     Subsection 59-10-406(8);
417          (ii) $60 per form, not to exceed $200,000 in a calendar year, if the employer files the
418     form in accordance with Subsection 59-10-406(8), more than 30 days after the due date
419     provided in Subsection 59-10-406(8) but on or before June 1; or
420          (iii) $100 per form, not to exceed $500,000 in a calendar year, if the employer:
421          (A) files the form in accordance with Subsection 59-10-406(8) after June 1; or
422          (B) fails to file the form.
423          (14) Upon making a record of its actions, and upon reasonable cause shown, the
424     commission may waive, reduce, or compromise any of the penalties or interest imposed under
425     this part.
426          Section 2. Section 59-12-103.1 is amended to read:
427          59-12-103.1. Action by Supreme Court of the United States authorizing or action
428     by Congress permitting a state to require certain sellers to collect a sales or use tax --
429     Collection of tax by commission -- Commission report to Revenue and Taxation Interim
430     Committee -- Revenue and Taxation Interim Committee study -- Division of Finance

431     requirement to make certain deposits.
432          (1) Except as provided in Section 59-12-107.1, a seller shall remit a tax to the
433     commission as provided in Section 59-12-107 if:
434          (a) the Supreme Court of the United States issues a decision authorizing a state to
435     require the following sellers to collect a sales or use tax:
436          (i) a seller that does not meet one or more of the criteria described in Subsection
437     59-12-107(2)(a); or
438          (ii) a seller that is not a seller required to pay or collect and remit sales and use taxes
439     under Subsection 59-12-107(2)(b) or (d); or
440          (b) Congress permits the state to require the following sellers to collect a sales or use
441     tax:
442          (i) a seller that does not meet one or more of the criteria described in Subsection
443     59-12-107(2)(a); or
444          (ii) a seller that is not a seller required to pay or collect and remit sales and use taxes
445     under Subsection 59-12-107(2)(b) or (d).
446          (2) The commission shall:
447          (a) collect the tax described in Subsection (1) from the seller:
448          (i) to the extent:
449          (A) authorized by the Supreme Court of the United States; or
450          (B) permitted by Congress; and
451          (ii) beginning on the first day of a calendar quarter as prescribed by the Revenue and
452     Taxation Interim Committee; and
453          (b) make a report to the Revenue and Taxation Interim Committee by electronic
454     means:
455          (i) regarding the actions taken by:
456          (A) the Supreme Court of the United States; or
457          (B) Congress; and
458          (ii) (A) stating the amount of state revenue collected at the time of the report, if any;
459     and
460          (B) estimating the state sales and use tax rate reduction that would offset the amount of
461     state revenue estimated to be collected for the current fiscal year and the next fiscal year; and

462          (c) report to the Revenue and Taxation Interim Committee at:
463          (i) the Revenue and Taxation Interim Committee meeting immediately following the
464     day on which the actions of the Supreme Court of the United States or Congress become
465     effective; and
466          (ii) any other meeting of the Revenue and Taxation Interim Committee as requested by
467     the chairs of the committee.
468          (3) The Revenue and Taxation Interim Committee shall after receiving the
469     commission's reports under Subsections (2)(b) and (c):
470          (a) review the actions taken by:
471          (i) the Supreme Court of the United States; or
472          (ii) Congress;
473          (b) direct the commission regarding the day on which the commission is required to
474     collect the tax described in Subsection (1); and
475          (c) within a one-year period after the day on which the commission makes a report
476     under Subsection (2)(c), make recommendations to the Legislative Management Committee[:
477     (i)] regarding whether as a result of the actions of the Supreme Court of the United States or
478     Congress any provisions of this chapter should be amended or repealed[; and].
479          [(ii) within a one-year period after the day on which the commission makes a report
480     under Subsection (2)(c).]
481          (4) The Division of Finance shall deposit a portion of the revenue collected under this
482     section into the Remote Sales Restricted Account as required by Section 59-12-103.2.
483          Section 3. Section 59-12-107 is amended to read:
484          59-12-107. Definitions -- Collection, remittance, and payment of tax by sellers or
485     other persons -- Returns -- Reports -- Direct payment by purchaser of vehicle -- Other
486     liability for collection -- Rulemaking authority -- Credits -- Treatment of bad debt --
487     Penalties and interest.
488          (1) As used in this section:
489          [(a) "Ownership" means direct ownership or indirect ownership through a parent,
490     subsidiary, or affiliate.]
491          (a) "Noncollecting seller" means a qualified seller that:
492          (i) does not voluntarily collect and remit sales and use tax under this chapter; and

493          (ii) during the 12-month period immediately preceding the current month, makes sales
494     totaling $100,000 or more of tangible personal property, products transferred electronically, or
495     services:
496          (A) for storage, use, or consumption in the state; and
497          (B) as a result of an agreement with one or more persons that meet one or more of the
498     criteria described in Subsection (2)(a), under which the person or persons, for a commission or
499     other consideration, directly or indirectly makes a referral to the noncollecting seller of a
500     potential purchaser of tangible personal property, products transferred electronically, or
501     services for storage, use, or consumption in the state.
502          (b) "Qualified seller" means a seller that is not required to pay or collect and remit
503     sales and use taxes under Subsection (2)(a).
504          (c) "Referral" means the act of sending a potential purchaser in the state to a
505     noncollecting seller by:
506          (i) an Internet-based link;
507          (ii) an Internet website;
508          (iii) telemarketing;
509          (iv) catalog;
510          (v) in-person marketing; or
511          (vi) other means similar to the means described in Subsections (1)(c)(i) through (v), as
512     the commission may define by rule made in accordance with Title 63G, Chapter 3, Utah
513     Administrative Rulemaking Act.
514          (d) "Registered remitter" means a seller that is:
515          (i) registered under the agreement;
516          (ii) not required to pay or collect and remit sales and use tax under Subsection (2)(a),
517     (b), or (d); and
518          (iii) is not a model 1, model 2, or model 3 seller.
519          [(b)] (e) "Related [seller] party" means a [seller that] person:
520          (i) that meets one or more of the criteria described in Subsection (2)(a)[(i)]; and
521          [(ii) delivers tangible personal property, a service, or a product transferred
522     electronically that is sold:]
523          [(A) by a seller that does not meet one or more of the criteria described in Subsection

524     (2)(a)(i); and]
525          [(B) to a purchaser in the state.]
526          [(c) "Substantial ownership interest" means an ownership interest in a business entity if
527     that ownership interest is greater than the degree of ownership of equity interest specified in 15
528     U.S.C. Sec. 78p, with respect to a person other than a director or an officer.]
529          (ii) with whom a qualified seller has one of the relationships described in 26 U.S.C.
530     Sec. 267(b) or (c) or 26 U.S.C. Sec. 707(b)(1).
531          (f) "Solicitation" means a communication directly or indirectly to a specific person
532     within the state in a manner that is intended and calculated to incite the person to purchase
533     tangible personal property, a product transferred electronically, or a service from a specific
534     seller.
535          (2) (a) Except as provided in Subsection (2)[(e)](h), Section 59-12-107.1, or Section
536     59-12-123, and subject to Subsection (2)[(f)](g), each seller shall pay or collect and remit the
537     sales and use taxes imposed by this chapter if within this state the seller:
538          (i) has or utilizes:
539          (A) an office, including a home office of a resident employee;
540          (B) a distribution house;
541          (C) a sales house;
542          (D) a warehouse or other storage place;
543          (E) a service enterprise; or
544          (F) a place of business similar to Subsections (2)(a)(i)(A) through (E);
545          (ii) maintains a stock of goods;
546          (iii) regularly solicits orders, regardless of whether [or not] the orders are accepted in
547     the state, unless the seller's only activity in the state is:
548          (A) advertising; or
549          (B) solicitation by:
550          (I) direct mail;
551          (II) electronic mail;
552          (III) except as provided in Subsection (2)(d), the Internet;
553          (IV) telecommunications service; or
554          (V) a means similar to Subsection (2)(a)(iii)(A) or (B);

555          (iv) regularly engages in the delivery of property in the state other than by:
556          (A) common carrier; or
557          (B) United States mail; or
558          (v) regularly engages in an activity directly related to the leasing or servicing of
559     property located within the state.
560          (b) [A] There is a rebuttable presumption that a qualified seller [is considered to be
561     engaged in the business of selling tangible personal property, a service, or a product transferred
562     electronically for use in the state, and shall] is required to pay or collect and remit the sales and
563     use taxes imposed by this chapter [if] for a sale within the state if a related party:
564          [(i) the seller holds a substantial ownership interest in, or is owned in whole or in
565     substantial part by, a related seller; and (ii) (A) the seller]
566          (i) sells the same or a substantially similar line of products or services as the [related]
567     qualified seller and [does so] sells under the same or a substantially similar business name as
568     the qualified seller; [or]
569          [(B) the] (ii) maintains a place of business described in Subsection (2)(a)(i) [of the
570     related seller] or provides an [in state] in-state employee [of the related seller is used] to
571     advertise, promote, deliver, or facilitate sales by the qualified seller to a purchaser[.];
572          (iii) uses, with the qualified seller's knowledge or consent, trademarks, service marks,
573     or trade names in the state that are the same or substantially similar to those used by the
574     qualified seller;
575          (iv) delivers, installs, or assembles tangible personal property or performs maintenance
576     or repair services on tangible personal property or a product delivered electronically that the
577     qualified seller has sold or will sell to a purchaser within the state;
578          (v) facilitates the qualified seller's delivery of tangible personal property to a purchaser
579     in the state by allowing the purchaser to pick up tangible personal property sold by the
580     qualified seller at an in-state office, distribution house, sales house, warehouse or other storage
581     place, or similar place of business that is maintained by a related party; or
582          (vi) shares management, business systems, or employees with the qualified seller, or
583     engages in intercompany transactions with a qualified seller, for the purpose of the qualified
584     seller being able to establish or maintain a market in the state.
585          (c) A qualified seller may rebut the presumption described in Subsection (2)(b) by

586     proving that the in-state activities of the related party are not significantly associated with the
587     qualified seller's ability to establish and maintain a market in the state for the qualified seller's
588     sales of tangible personal property, a service, or a product transferred electronically.
589          (d) (i) Subject to the provisions of this Subsection (2)(d), there is a rebuttable
590     presumption that a noncollecting seller is required to pay or collect and remit the sales and use
591     tax on any sale the noncollecting seller makes, through an agreement, with a person that meets
592     one or more of the criteria described in Subsection (2)(a), to a purchaser in the state.
593          (ii) A noncollecting seller may rebut the presumption described in Subsection (2)(d)(i)
594     by proving, in accordance with Subsection (2)(d)(iii), that any person with which the
595     noncollecting seller has an agreement has not engaged in a referral within the state on behalf of
596     the noncollecting seller during the preceding 12 months.
597          (iii) To rebut the presumption described in Subsection (2)(d)(i), a noncollecting seller
598     shall provide:
599          (A) proof that any agreement, with a person that meets one or more of the criteria
600     described in Subsection (2)(a), prohibits the person from engaging in solicitation of a potential
601     purchaser on behalf of the noncollecting seller in the state; and
602          (B) from each person that meets one or more of the criteria described in Subsection
603     (2)(a) and with which the noncollecting seller has an agreement, an annual, written, sworn
604     statement that the person did not engage in any prohibited solicitation of a potential purchaser
605     in the state on behalf of the noncollecting seller.
606          (iv) A noncollecting seller that does not rebut the presumption described in Subsection
607     (2)(d)(i) shall pay or collect and remit sales and use tax on any sale that the noncollecting seller
608     makes, though an agreement, to a purchaser in the state.
609          [(c) A seller that does not meet one or more of the criteria provided for in Subsection
610     (2)(a) or is not a seller required to pay or collect and remit sales and use taxes under Subsection
611     (2)(b): (i) except as provided in Subsection (2)(c)(ii), may voluntarily:]
612          (e) (i) Except as provided in Subsection (2)(e)(ii), a seller that is not required to pay or
613     collect and remit sales and use taxes under Subsection (2)(a), (b), or (d) may register as a
614     registered remitter to voluntarily:
615          (A) collect a tax on a transaction described in Subsection 59-12-103(1); and
616          (B) remit the tax to the commission as provided in this part[; or].

617          (ii) [notwithstanding Subsection (2)(c)(i),] A seller that is not required to pay or collect
618     and remit sales and use tax under Subsection (2)(a), (b), or (d) shall collect a tax on a
619     transaction described in Subsection 59-12-103(1) if Section 59-12-103.1 requires the seller to
620     collect the tax.
621          [(d)] (f) The collection and remittance of a tax under this chapter by a seller that is
622     registered under the agreement may not be used as a factor in determining whether that seller is
623     required by this Subsection (2) to:
624          (i) pay a tax, fee, or charge under:
625          (A) Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act;
626          (B) Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act;
627          (C) Section 19-6-714;
628          (D) Section 19-6-805;
629          (E) Section 69-2-5;
630          (F) Section 69-2-5.5;
631          (G) Section 69-2-5.6; or
632          (H) this title; or
633          (ii) collect and remit a tax, fee, or charge under:
634          (A) Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act;
635          (B) Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act;
636          (C) Section 19-6-714;
637          (D) Section 19-6-805;
638          (E) Section 69-2-5;
639          (F) Section 69-2-5.5;
640          (G) Section 69-2-5.6; or
641          (H) this title.
642          [(e) A person shall pay a use tax imposed by this chapter on a transaction described in
643     Subsection 59-12-103(1) if:]
644          [(i) the seller did not collect a tax imposed by this chapter on the transaction; and]
645          [(ii) the person:]
646          [(A) stores the tangible personal property or product transferred electronically in the
647     state;]

648          [(B) uses the tangible personal property or product transferred electronically in the
649     state; or]
650          [(C) consumes the tangible personal property or product transferred electronically in
651     the state.]
652          [(f)] (g) The ownership of property that is located at the premises of a printer's facility
653     with which the retailer has contracted for printing and that consists of the final printed product,
654     property that becomes a part of the final printed product, or copy from which the printed
655     product is produced, shall not result in the retailer being considered to have or maintain an
656     office, distribution house, sales house, warehouse, service enterprise, or other place of
657     business, or to maintain a stock of goods, within this state.
658          (h) A person shall pay a use tax imposed under this chapter on a transaction described
659     in Subsection 59-12-103(1) if:
660          (i) the seller did not collect a tax imposed by this chapter on the transaction; and
661          (ii) the person:
662          (A) stores the tangible personal property or product transferred electronically in the
663     state;
664          (B) uses the tangible personal property or product transferred electronically in the state;
665     or
666          (C) consumes the tangible personal property or product transferred electronically in the
667     state.
668          (3) (a) Except as provided in Section 59-12-107.1, a seller shall collect a tax due under
669     this chapter [shall be collected] from a purchaser.
670          (b) A seller may not collect as a tax an amount, without regard to fractional parts of
671     one cent, in excess of the tax computed at the rates prescribed by this chapter.
672          (c) (i) Each seller shall:
673          (A) give the purchaser a receipt for the tax collected; or
674          (B) bill the tax as a separate item and declare the name of this state and the seller's
675     sales and use tax license number on the invoice for the sale.
676          (ii) The receipt or invoice is prima facie evidence that the seller has collected the tax
677     and relieves the purchaser of the liability for reporting the tax to the commission as a
678     consumer.

679          (d) A seller is not required to maintain a separate account for the tax collected, but is
680     considered to be a person charged with receipt, safekeeping, and transfer of public money.
681          (e) Taxes collected by a seller pursuant to this chapter shall be held in trust for the
682     benefit of the state and for payment to the commission in the manner and at the time provided
683     for in this chapter.
684          (f) If any seller, during any reporting period, collects as a tax an amount in excess of
685     the lawful state and local percentage of total taxable sales allowed under this chapter, the seller
686     shall remit to the commission the full amount of the tax imposed under this chapter, plus any
687     excess.
688          (g) If the accounting methods regularly employed by the seller in the transaction of the
689     seller's business are such that reports of sales made during a calendar month or quarterly period
690     will impose unnecessary hardships, the commission may accept reports at intervals that, in the
691     commission's opinion, will[, in the commission's opinion,] better suit the convenience of the
692     taxpayer or seller and will not jeopardize collection of the tax.
693          (h) (i) For a purchase paid with specie legal tender as defined in Section 59-1-1501.1,
694     and until such time as the commission accepts specie legal tender for the payment of a tax
695     under this chapter, if the commission requires a seller to remit a tax under this chapter in legal
696     tender other than specie legal tender, the seller shall state on the seller's books and records and
697     on an invoice, bill of sale, or similar document provided to the purchaser:
698          (A) the purchase price in specie legal tender and in the legal tender the seller is
699     required to remit to the commission;
700          (B) subject to Subsection (3)(h)(ii), the amount of tax due under this chapter in specie
701     legal tender and in the legal tender the seller is required to remit to the commission;
702          (C) the tax rate under this chapter applicable to the purchase; and
703          (D) the date of the purchase.
704          (ii) (A) Subject to Subsection (3)(h)(ii)(B), for purposes of determining the amount of
705     tax due under Subsection (3)(h)(i), a seller shall use the most recent London fixing price for the
706     specie legal tender the purchaser paid.
707          (B) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
708     commission may make rules for determining the amount of tax due under Subsection (3)(h)(i)
709     if the London fixing price is not available for a particular day.

710          (4) (a) Except as provided in Subsections (5) through (7) and Section 59-12-108, the
711     [sales or use] tax imposed by this chapter is due and payable to the commission quarterly on or
712     before the last day of the month next succeeding each quarterly calendar [quarterly] period.
713          (b) (i) Each seller shall, on or before the last day of the month next succeeding each
714     quarterly calendar [quarterly] period, file with the commission a return for the preceding
715     quarterly period.
716          (ii) The seller shall remit with the return under Subsection (4)(b)(i) the amount of the
717     tax required under this chapter to be collected or paid for the period covered by the return.
718          (c) Except as provided in Subsection (5)(c), a return shall contain information and be in
719     a form the commission prescribes by rule.
720          (d) (i) Subject to Subsection (4)(d)(ii), the sales tax as computed in the return shall be
721     based on the total nonexempt sales made during the period for which the return is filed,
722     including both cash and charge sales.
723          (ii) For a sale that includes the delivery or installation of tangible personal property at a
724     location other than a seller's place of business described in Subsection (2)(a)(i), if the delivery
725     or installation is separately stated on an invoice or receipt, a seller may compute the tax due [on
726     the sale] for purposes of Subsection (4)(d)(i) based on the amount the seller receives for that
727     sale during each period for which the seller receives payment for the sale.
728          (e) (i) The use tax as computed in the return shall be based on the total amount of
729     purchases for storage, use, or other consumption in this state made during the period for which
730     the return is filed, including both cash and charge purchases.
731          (ii) (A) As used in this Subsection (4)(e)(ii), "qualifying purchaser" means a purchaser
732     [who] that is required to remit taxes under this chapter[,] but is not required to remit taxes
733     monthly in accordance with Section 59-12-108, and [who] that converts tangible personal
734     property into real property.
735          (B) Subject to Subsections (4)(e)(ii)(C) and (D), a qualifying purchaser may remit the
736     taxes due under this chapter on tangible personal property for which the qualifying purchaser
737     claims an exemption as allowed under Subsection 59-12-104(23) or (25) based on the period in
738     which the qualifying purchaser receives payment, in accordance with Subsection (4)(e)(ii)(C),
739     for the conversion of the tangible personal property into real property.
740          (C) A qualifying purchaser remitting taxes due under this chapter in accordance with

741     Subsection (4)(e)(ii)(B) shall remit an amount equal to the total amount of tax due on the
742     qualifying purchaser's purchase of the tangible personal property that was converted into real
743     property multiplied by a fraction, the numerator of which is the payment received in the period
744     for the qualifying purchaser's sale of the tangible personal property that was converted into real
745     property and the denominator of which is the entire sales price for the qualifying purchaser's
746     sale of the tangible personal property that was converted into real property.
747          (D) A qualifying purchaser may remit taxes due under this chapter in accordance with
748     this Subsection (4)(e)(ii) only if the books and records that the qualifying purchaser keeps in
749     the qualifying purchaser's regular course of business identify by reasonable and verifiable
750     standards that the tangible personal property was converted into real property.
751          (f) (i) Subject to Subsection (4)(f)(ii) and in accordance with Title 63G, Chapter 3,
752     Utah Administrative Rulemaking Act, the commission may by rule extend the time for making
753     returns and paying the taxes.
754          (ii) An extension under Subsection (4)(f)(i) may not be for more than 90 days.
755          (g) The commission may require returns and payment of the tax to be made for other
756     than quarterly periods if the commission considers it necessary in order to ensure the payment
757     of the tax imposed by this chapter.
758          (h) (i) The commission may require a seller that files a simplified electronic return with
759     the commission to file an additional electronic report with the commission.
760          (ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
761     commission may make rules providing:
762          (A) the information required to be included in the additional electronic report described
763     in Subsection (4)(h)(i); and
764          (B) one or more due dates for filing the additional electronic report described in
765     Subsection (4)(h)(i).
766          [(5) (a) As used in this Subsection (5) and Subsection (6)(b), "remote seller" means a
767     seller that is:]
768          [(i) registered under the agreement;]
769          [(ii) described in Subsection (2)(c); and]
770          [(iii) not a:]
771          [(A) model 1 seller;]

772          [(B) model 2 seller; or]
773          [(C) model 3 seller.]
774          [(b)] (5) (a) (i) Except as provided in Subsection (5)[(b)](a)(ii), a tax a [remote seller]
775     registered remitter collects in accordance with Subsection (2)[(c)](e) is due and payable:
776          (A) to the commission;
777          (B) annually; and
778          (C) on or before the last day of the month immediately following the last day of each
779     calendar year.
780          (ii) The commission may require that a tax a [remote seller] registered remitter collects
781     in accordance with Subsection (2)[(c)](e) be due and payable:
782          (A) to the commission; and
783          (B) on the last day of the month immediately following any month in which the [seller]
784     registered remitter accumulates a total of at least $1,000 in agreement sales and use tax.
785          [(c)] (b) (i) If a [remote seller] registered remitter remits a tax to the commission in
786     accordance with Subsection (5)[(b)](a), the [remote seller] registered remitter shall file a return:
787          (A) with the commission;
788          (B) with respect to the tax;
789          (C) containing information prescribed by the commission; and
790          (D) on a form prescribed by the commission.
791          (ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
792     commission shall make rules prescribing:
793          (A) the information required to be contained in a return described in Subsection
794     (5)[(c)](b)(i); and
795          (B) the form described in Subsection (5)[(c)](b)(i)(D).
796          [(d)] (c) A tax a [remote seller] registered remitter collects in accordance with this
797     Subsection (5) shall be calculated on the basis of the total amount of taxable transactions under
798     Subsection 59-12-103(1) the [remote seller] registered remitter completes, including[:(i) a cash
799     transaction; and (ii) a charge transaction.] cash transactions and charge transactions.
800           (6) (a) Except as provided in Subsection (6)(b), a tax a seller that files a simplified
801     electronic return collects in accordance with this chapter is due and payable:
802          (i) monthly on or before the last day of the month immediately following the month for

803     which the seller collects a tax under this chapter; and
804          (ii) for the month for which the seller collects a tax under this chapter.
805          (b) A tax a [remote seller] registered remitter that files a simplified electronic return
806     collects in accordance with this chapter is due and payable as provided in Subsection (5).
807          (7) (a) On each vehicle sale made by other than a regular licensed vehicle dealer, the
808     purchaser shall pay the sales or use tax directly to the commission if the vehicle is subject to
809     titling or registration under the laws of this state.
810          (b) The commission shall collect the tax described in Subsection (7)(a) when the
811     vehicle is titled or registered.
812          (8) If any sale of tangible personal property or any other taxable transaction under
813     Subsection 59-12-103(1)[,] is made by a wholesaler to a retailer[,]:
814          (a) the wholesaler is not responsible for the collection or payment of the tax imposed
815     on the sale; and
816          (b) the retailer is responsible for the collection or payment of the tax imposed on the
817     sale if:
818          [(a)] (i) the retailer represents that the [personal property is purchased by the retailer]
819     retailer purchased the tangible personal property, product transferred electronically, or service
820     for resale; and
821          [(b)] (ii) the retailer does not subsequently resell the tangible personal property [is not
822     subsequently resold], product transferred electronically, or service.
823          (9) If any sale of property or service subject to the tax is made to a person prepaying
824     sales or use tax in accordance with Title 63M, Chapter 5, Resource Development Act, or to a
825     contractor or subcontractor of that person[,]:
826          (a) the person to whom such payment or consideration is payable is not responsible for
827     the collection or payment of the sales or use tax; and
828          (b) the person prepaying the sales or use tax is responsible for the collection or
829     payment of the sales or use tax if the person prepaying the sales or use tax represents that the
830     amount prepaid as sales or use tax has not been fully credited against sales or use tax due and
831     payable under the rules promulgated by the commission.
832          (10) (a) For purposes of this Subsection (10):
833          (i) Except as provided in Subsection (10)(a)(ii), "bad debt" [is as] means the same as

834     that term is defined in Section 166, Internal Revenue Code.
835          (ii) [Notwithstanding Subsection (10)(a)(i), "bad] "Bad debt" does not include:
836          (A) an amount included in the purchase price of tangible personal property, a product
837     transferred electronically, or a service that is:
838          (I) not a transaction described in Subsection 59-12-103(1); or
839          (II) exempt under Section 59-12-104;
840          (B) a financing charge;
841          (C) interest;
842          (D) a tax imposed under this chapter on the purchase price of tangible personal
843     property, a product transferred electronically, or a service;
844          (E) an uncollectible amount on tangible personal property or a product transferred
845     electronically that:
846          (I) is subject to a tax under this chapter; and
847          (II) remains in the possession of a seller until the full purchase price is paid;
848          (F) an expense incurred in attempting to collect any debt; or
849          (G) an amount that a seller does not collect on repossessed property.
850          (b) (i) To the extent an amount remitted in accordance with Subsection (4)(d) later
851     becomes bad debt, a seller may deduct the bad debt from the total amount from which a tax
852     under this chapter is calculated on a return.
853          (ii) A qualifying purchaser, as defined in Subsection (4)(e)(ii)(A), may deduct from the
854     total amount of taxes due under this chapter the amount of tax the qualifying purchaser paid on
855     the qualifying purchaser's purchase of tangible personal property converted into real property to
856     the extent that:
857          (A) tax was remitted in accordance with Subsection (4)(e) on that tangible personal
858     property converted into real property;
859          (B) the qualifying purchaser's sale of that tangible personal property converted into real
860     property later becomes bad debt; and
861          (C) the books and records that the qualifying purchaser keeps in the qualifying
862     purchaser's regular course of business identify by reasonable and verifiable standards that the
863     tangible personal property was converted into real property.
864          (c) A seller may file a refund claim with the commission if:

865          (i) the amount of bad debt for the time period described in Subsection (10)(e) exceeds
866     the amount of the seller's sales that are subject to a tax under this chapter for that same time
867     period; and
868          (ii) as provided in Section 59-1-1410.
869          (d) A bad debt deduction under this section may not include interest.
870          (e) A bad debt may be deducted under this Subsection (10) on a return for the time
871     period during which the bad debt:
872          (i) is written off as uncollectible in the seller's books and records; and
873          (ii) would be eligible for a bad debt deduction[: (A)], for federal income tax purposes[;
874     and (B)], if the seller were required to file a federal income tax return.
875          (f) If a seller recovers any portion of bad debt for which the seller makes a deduction or
876     claims a refund under this Subsection (10), the seller shall report and remit a tax under this
877     chapter:
878          (i) on the portion of the bad debt the seller recovers; and
879          (ii) on a return filed for the time period for which the portion of the bad debt is
880     recovered.
881          (g) For purposes of reporting a recovery of a portion of bad debt under Subsection
882     (10)(f), a seller shall apply amounts received on the bad debt in the following order:
883          (i) in a proportional amount:
884          (A) to the purchase price of the tangible personal property, product transferred
885     electronically, or service; and
886          (B) to the tax due under this chapter on the tangible personal property, product
887     transferred electronically, or service; and
888          (ii) to:
889          (A) interest charges;
890          (B) service charges; and
891          (C) other charges.
892          (h) A seller's certified service provider may make a deduction or claim a refund for bad
893     debt on behalf of the seller[: (i)] in accordance with this Subsection (10)[; and (ii)] if the
894     certified service provider credits or refunds the entire amount of the bad debt deduction or
895     refund to the seller.

896          (i) A seller may allocate bad debt among the states that are members of the agreement
897     if the seller's books and records support that allocation.
898          (11) (a) A seller may not, with intent to evade any tax, fail to timely remit the full
899     amount of tax required by this chapter.
900          (b) A violation of this section is punishable as provided in Section 59-1-401.
901          (c) Each person who fails to pay any tax to the state or any amount of tax required to be
902     paid to the state, except amounts determined to be due by the commission under Chapter 1,
903     Part 14, Assessment, Collections, and Refunds Act, or Section 59-12-111, within the time
904     required by this chapter, or who fails to file any return as required by this chapter, shall pay, in
905     addition to the tax, penalties and interest as provided in Sections 59-1-401 and 59-1-402.
906          (d) For purposes of prosecution under this section, each quarterly tax period in which a
907     seller, with intent to evade any tax, collects a tax and fails to timely remit the full amount of the
908     tax required to be remitted, constitutes a separate offense.
909          Section 4. Section 59-12-107.6 is enacted to read:
910          59-12-107.6. Expedited judicial review.
911          (1) Notwithstanding the judicial review procedures described in Chapter 1, Part 6,
912     Judicial Review, any aggrieved party that wishes to make a facial challenge to the
913     constitutionality of Section 59-12-107 shall petition the Utah Supreme Court for judicial
914     review of the commission's final determination of a qualified seller's or a noncollecting seller's
915     obligation to pay or collect and remit sales and use tax under Section 59-12-107.
916          (2) An aggrieved party shall file the petition for judicial review within 30 days after the
917     day on which the commission issues the commission's final determination.
918          Section 5. Section 59-12-108 is amended to read:
919          59-12-108. Monthly payment -- Amount of tax a seller may retain -- Penalty --
920     Certain amounts allocated to local taxing jurisdictions.
921          (1) (a) Notwithstanding Section 59-12-107, a seller that has a tax liability under this
922     chapter of $50,000 or more for the previous calendar year shall:
923          (i) file a return with the commission:
924          (A) monthly on or before the last day of the month immediately following the month
925     for which the seller collects a tax under this chapter; and
926          (B) for the month for which the seller collects a tax under this chapter; and

927          (ii) except as provided in Subsection (1)(b), remit, with the return required by
928     Subsection (1)(a)(i), the amount [the person is required to remit to the commission for each tax,
929     fee, or charge] described in Subsection (1)(c) as follows:
930          (A) if that seller's tax liability under this chapter for the previous calendar year is less
931     than $96,000, by any method permitted by the commission; or
932          (B) if that seller's tax liability under this chapter for the previous calendar year is
933     $96,000 or more, by electronic funds transfer.
934          (b) A seller shall remit electronically with the return required by Subsection (1)(a)(i)
935     the amount the seller is required to remit to the commission for each tax, fee, or charge
936     described in Subsection (1)(c) if that seller:
937          (i) is required by Section 59-12-107 to file the return electronically; or
938          (ii) (A) is required to collect and remit a tax under Section 59-12-107; and
939          (B) files a simplified electronic return.
940          (c) Subsections (1)(a) and (b) apply to the following taxes, fees, or charges:
941          (i) a tax under Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act;
942          (ii) a fee under Section 19-6-714;
943          (iii) a fee under Section 19-6-805;
944          (iv) a charge under Section 69-2-5;
945          (v) a charge under Section 69-2-5.5;
946          (vi) a charge under Section 69-2-5.6; [or] and
947          (vii) a tax under this chapter.
948          (d) Notwithstanding [Subsection] Subsections (1)(a)(ii) and (b) and in accordance with
949     Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules
950     providing for a method for making same-day payments other than by electronic funds transfer
951     if making payments by electronic funds transfer fails.
952          (e) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
953     commission shall establish by rule procedures and requirements for determining the amount a
954     seller is required to remit to the commission under this Subsection (1).
955          (2) (a) Except as provided in Subsection (3), a seller subject to Subsection (1) or a
956     seller described in Subsection (4) may retain each month the amount allowed by this
957     Subsection (2).

958          (b) A seller subject to Subsection (1) or a seller described in Subsection (4) may retain
959     each month 1.31% of any amounts the seller is required to remit to the commission:
960          (i) for a transaction described in Subsection 59-12-103(1) that is subject to a state tax
961     and a local tax imposed in accordance with the following, for the month for which the seller is
962     filing a return in accordance with Subsection (1):
963          (A) Subsection 59-12-103(2)(a);
964          (B) Subsection 59-12-103(2)(b); and
965          (C) Subsection 59-12-103(2)(d); and
966          (ii) for an agreement sales and use tax.
967          (c) (i) A seller subject to Subsection (1) or a seller described in Subsection (4) may
968     retain each month the amount calculated under Subsection (2)(c)(ii) for a transaction described
969     in Subsection 59-12-103(1) that is subject to the state tax and the local tax imposed in
970     accordance with Subsection 59-12-103(2)(c).
971          (ii) For purposes of Subsection (2)(c)(i), the amount a seller may retain is an amount
972     equal to the sum of:
973          (A) 1.31% of any amounts the seller is required to remit to the commission for:
974          (I) the state tax and the local tax imposed in accordance with Subsection
975     59-12-103(2)(c);
976          (II) the month for which the seller is filing a return in accordance with Subsection (1);
977     and
978          (III) an agreement sales and use tax; and
979          (B) 1.31% of the difference between:
980          (I) the amounts the seller would have been required to remit to the commission:
981          (Aa) in accordance with Subsection 59-12-103(2)(a) if the transaction had been subject
982     to the state tax and the local tax imposed in accordance with Subsection 59-12-103(2)(a);
983          (Bb) for the month for which the seller is filing a return in accordance with Subsection
984     (1); and
985          (Cc) for an agreement sales and use tax; and
986          (II) the amounts the seller is required to remit to the commission for:
987          (Aa) the state tax and the local tax imposed in accordance with Subsection
988     59-12-103(2)(c);

989          (Bb) the month for which the seller is filing a return in accordance with Subsection (1);
990     and
991          (Cc) an agreement sales and use tax.
992          (d) A seller subject to Subsection (1) or a seller described in Subsection (4) may retain
993     each month 1% of any amounts the seller is required to remit to the commission:
994          (i) for the month for which the seller is filing a return in accordance with Subsection
995     (1); and
996          (ii) under:
997          (A) Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act;
998          (B) Subsection 59-12-603(1)(a)(i)(A); or
999          (C) Subsection 59-12-603(1)(a)(i)(B).
1000          (3) A state government entity that is required to remit taxes monthly in accordance
1001     with Subsection (1) may not retain any amount under Subsection (2).
1002          (4) A seller that has a tax liability under this chapter for the previous calendar year of
1003     less than $50,000 may:
1004          (a) voluntarily meet the requirements of Subsection (1); and
1005          (b) if the seller voluntarily meets the requirements of Subsection (1), retain the
1006     amounts allowed by Subsection (2).
1007          (5) (a) Subject to Subsections (5)(b) through (d), a seller that voluntarily collects and
1008     remits a tax in accordance with Subsection 59-12-107(2)[(c)](e)(i) may retain an amount equal
1009     to 18% of any amounts the seller would otherwise remit to the commission:
1010          (i) if the seller obtains a license under Section 59-12-106 for the first time on or after
1011     January 1, 2014; and
1012          (ii) for:
1013          (A) an agreement sales and use tax; and
1014          (B) the time period for which the seller files a return in accordance with this section.
1015          (b) If a seller retains an amount under this Subsection (5), the seller may not retain any
1016     other amount under this section.
1017          (c) If a seller retains an amount under this Subsection (5), the commission may require
1018     the seller to file a return by:
1019          (i) electronic means; or

1020          (ii) a means other than electronic means.
1021          (d) A seller may not retain an amount under this Subsection (5) if the seller is required
1022     to collect or remit a tax under this section in accordance with Section 59-12-103.1.
1023          (6) Penalties for late payment shall be as provided in Section 59-1-401.
1024          (7) (a) Except as provided in Subsection (7)(c), for any amounts required to be remitted
1025     to the commission under this part, the commission shall each month calculate an amount equal
1026     to the difference between:
1027          (i) the total amount retained for that month by all sellers had the percentages listed
1028     under Subsections (2)(b) and (2)(c)(ii) been 1.5%; and
1029          (ii) the total amount retained for that month by all sellers at the percentages listed
1030     under Subsections (2)(b) and (2)(c)(ii).
1031          (b) The commission shall each month allocate the amount calculated under Subsection
1032     (7)(a) to each county, city, and town on the basis of the proportion of agreement sales and use
1033     tax that the commission distributes to each county, city, and town for that month compared to
1034     the total agreement sales and use tax that the commission distributes for that month to all
1035     counties, cities, and towns.
1036          (c) The amount the commission calculates under Subsection (7)(a) may not include an
1037     amount collected from a tax that:
1038          (i) the state imposes within a county, city, or town, including the unincorporated area
1039     of a county; and
1040          (ii) is not imposed within the entire state.
1041          Section 6. Section 59-12-211 is amended to read:
1042          59-12-211. Definitions -- Location of certain transactions -- Reports to
1043     commission -- Direct payment provision for a seller making certain purchases --
1044     Exceptions.
1045          (1) As used in this section:
1046          (a) (i) "Receipt" and "receive" mean:
1047          (A) taking possession of tangible personal property;
1048          (B) making first use of a service; or
1049          (C) for a product transferred electronically, the earlier of:
1050          (I) taking possession of the product transferred electronically; or

1051          (II) making first use of the product transferred electronically.
1052          (ii) "Receipt" and "receive" do not include possession by a shipping company on behalf
1053     of a purchaser.
1054          (b) "Transportation equipment" means:
1055          (i) a locomotive or rail car that is used to carry a person or property in interstate
1056     commerce;
1057          (ii) a truck or truck-tractor:
1058          (A) with a gross vehicle weight rating of 10,001 pounds or [more] greater;
1059          (B) registered under Section 41-1a-301; and
1060          (C) operated under the authority of a carrier authorized and certificated:
1061          (I) by the United States Department of Transportation or another federal authority; and
1062          (II) to engage in carrying a person or property in interstate commerce;
1063          (iii) a trailer, semitrailer, or passenger bus that is:
1064          (A) registered under Section 41-1a-301; and
1065          (B) operated under the authority of a carrier authorized and certificated:
1066          (I) by the United States Department of Transportation or another federal authority; and
1067          (II) to engage in carrying a person or property in interstate commerce;
1068          (iv) an aircraft that is operated by an air carrier authorized and certificated:
1069          (A) by the United States Department of Transportation or another federal or foreign
1070     authority; and
1071          (B) to engage in carrying a person or property in interstate commerce; or
1072          (v) a container designed for use on, or a component part attached or secured on, an
1073     item of equipment listed in Subsections (1)(b)(i) through (iv).
1074          (2) Except as provided in Subsections (8) and (14), if tangible personal property, a
1075     product transferred electronically, or a service that is subject to taxation under this chapter is
1076     received by a purchaser at a business location of a seller, the location of the transaction is the
1077     business location of the seller.
1078          (3) Subject to Subsection (10), and except as provided in Subsections (7), (8), (9), (11),
1079     and (14), if tangible personal property, a product transferred electronically, or a service that is
1080     subject to taxation under this chapter is not received by a purchaser at a business location of a
1081     seller, the location of the transaction is the location where the purchaser takes receipt of the

1082     tangible personal property or service.
1083          (4) Subject to Subsection (10), and except as provided in Subsections (7), (8), (9), (11),
1084     and (14), if Subsection (2) or (3) does not apply, the location of the transaction is the location
1085     indicated by an address for or other information on the purchaser if:
1086          (a) the address or other information is available from the seller's business records; and
1087          (b) use of the address or other information from the seller's records does not constitute
1088     bad faith.
1089          (5) (a) Subject to Subsection (10), and except as provided in Subsections (7), (8), (9),
1090     (11), and (14), if Subsection (2), (3), or (4) does not apply, the location of the transaction is the
1091     location indicated by an address for the purchaser if:
1092          (i) the address is obtained during the consummation of the transaction; and
1093          (ii) use of the address described in Subsection (5)(a)(i) does not constitute bad faith.
1094          (b) An address used under Subsection (5)(a) includes the address of a purchaser's
1095     payment instrument if no other address is available.
1096          (6) Subject to Subsection (10), and except as provided in Subsections (7), (8), (9), (11),
1097     and (14), if Subsection (2), (3), (4), or (5) does not apply or if a seller does not have sufficient
1098     information to apply Subsection (2), (3), (4), or (5), the location of the transaction is the
1099     location:
1100          (a) indicated by the address from which:
1101          (i) except as provided in Subsection (6)(a)(ii), for tangible personal property that is
1102     subject to taxation under this chapter, the tangible personal property is shipped;
1103          (ii) for computer software delivered electronically or for a product transferred
1104     electronically that is subject to taxation under this chapter, the computer software or product
1105     transferred electronically is first available for transmission by the seller; or
1106          (iii) for a service that is subject to taxation under this chapter, the service is provided;
1107     or
1108          (b) as determined by the seller with respect to a prepaid wireless calling service:
1109          (i) provided in Subsection (6)(a)(iii); or
1110          (ii) associated with the mobile telephone number.
1111          (7) (a) For purposes of this Subsection (7), "shared ZIP Code" means a nine-digit ZIP
1112     Code that is located within two or more local taxing jurisdictions.

1113          (b) If the location of a transaction determined under Subsections (3) through (6) is in a
1114     shared ZIP Code, the location of the transaction is:
1115          (i) if there is only one local taxing jurisdiction that imposes the lowest agreement
1116     combined tax rate for the shared ZIP Code, the local taxing jurisdiction that imposes the lowest
1117     agreement combined tax rate; or
1118          (ii) if two or more local taxing jurisdictions impose the lowest agreement combined tax
1119     rate for the shared ZIP Code, the local taxing jurisdiction that:
1120          (A) imposes the lowest agreement combined tax rate for the shared ZIP Code; and
1121          (B) has located within the local taxing jurisdiction the largest number of street
1122     addresses within the shared ZIP Code.
1123          (c) Notwithstanding any provision under this chapter authorizing or requiring the
1124     imposition of a sales and use tax, for purposes of Subsection (7)(b), a seller shall collect a sales
1125     and use tax imposed under this chapter at the lowest agreement combined tax rate imposed
1126     within the local taxing jurisdiction in which the transaction is located under Subsection (7)(b).
1127          (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1128     commission may make rules:
1129          (i) providing for the circumstances under which a seller has exercised due diligence in
1130     determining the nine-digit ZIP Code for an address; or
1131          (ii) notwithstanding Subsection (7)(b), for determining the local taxing jurisdiction
1132     within which a transaction is located if a seller is unable to determine the local taxing
1133     jurisdiction within which the transaction is located under Subsection (7)(b).
1134          (8) The location of a transaction made with a direct payment permit described in
1135     Section 59-12-107.1 is the location where receipt of the tangible personal property, product
1136     transferred electronically, or service by the purchaser occurs.
1137          (9) The location of a purchase of direct mail is the location determined in accordance
1138     with Section 59-12-123.
1139          (10) (a) Except as provided in Subsection (10)(b), the location of a transaction
1140     determined under Subsections (3) through (6), (8), or (9), is the local taxing jurisdiction within
1141     which:
1142          (i) the nine-digit ZIP Code assigned to the location determined under Subsections (3)
1143     through (6), (8), or (9) is located; or

1144          (ii) the five-digit ZIP Code assigned to the location determined under Subsections (3)
1145     through (6), (8), or (9) is located if:
1146          (A) a nine-digit ZIP Code is not available for the location determined under
1147     Subsections (3) through (6), (8), or (9); or
1148          (B) after exercising due diligence, a seller or certified service provider is unable to
1149     determine a nine-digit ZIP Code for the location determined under Subsections (3) through (6),
1150     (8), or (9).
1151          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1152     commission may make rules for determining the local taxing jurisdiction within which a
1153     transaction is located if a seller or certified service provider is unable to determine the local
1154     taxing jurisdiction within which the transaction is located under Subsection (10)(a).
1155          (11) (a) As used in this Subsection (11), "florist delivery transaction" means a
1156     transaction commenced by a florist that transmits an order:
1157          (i) by:
1158          (A) telegraph;
1159          (B) telephone; or
1160          (C) a means of communication similar to Subsection (11)(a)(i)(A) or (B); and
1161          (ii) for delivery to another place:
1162          (A) in this state; or
1163          (B) outside this state.
1164          [(b) Notwithstanding Subsections (3) through (6), beginning on January 1, 2009, and
1165     ending on December 31, 2009, the location of a florist delivery transaction is the business
1166     location of the florist that commences the florist delivery transaction.]
1167          [(c)] (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
1168     Act, the commission may by rule:
1169          (i) define:
1170          (A) "business location"; and
1171          (B) "florist";
1172          (ii) define what constitutes a means of communication similar to Subsection
1173     (11)(a)(i)(A) or (B); and
1174          (iii) provide procedures for determining when a transaction is commenced.

1175          (12) (a) Notwithstanding any other provision of this section and except as provided in
1176     Subsection (12)(b), if a purchaser uses computer software and there is not a transfer of a copy
1177     of that software to the purchaser, the location of the transaction is determined in accordance
1178     with Subsections (4) and (5).
1179          (b) If a purchaser uses computer software described in Subsection (12)(a) at more than
1180     one location, the location of the transaction shall be determined in accordance with rules made
1181     by the commission in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking
1182     Act.
1183          (13) (a) A tax collected under this chapter shall be reported to the commission on a
1184     form that identifies the location of each transaction that occurs during the return filing period.
1185          (b) The form described in Subsection (13)(a) shall be filed with the commission as
1186     required under this chapter.
1187          (14) This section does not apply to:
1188          (a) amounts charged by a seller for:
1189          (i) telecommunications service except for a prepaid calling service or a prepaid
1190     wireless calling service as provided in Subsection (6)(b) or Section 59-12-215; or
1191          (ii) the retail sale or transfer of:
1192          (A) a motor vehicle other than a motor vehicle that is transportation equipment;
1193          (B) an aircraft other than an aircraft that is transportation equipment;
1194          (C) a watercraft;
1195          (D) a modular home;
1196          (E) a manufactured home; or
1197          (F) a mobile home; or
1198          (iii) except as provided in Section 59-12-214, the lease or rental of tangible personal
1199     property other than tangible personal property that is transportation equipment;
1200          (b) a tax a person pays in accordance with Subsection 59-12-107(2)[(e)](h); or
1201          (c) a retail sale of tangible personal property or a product transferred electronically if:
1202          (i) the seller receives the order for the tangible personal property or product transferred
1203     electronically in this state;
1204          (ii) receipt of the tangible personal property or product transferred electronically by the
1205     purchaser or the purchaser's donee occurs in this state;

1206          (iii) the location where receipt of the tangible personal property or product transferred
1207     electronically by the purchaser occurs is determined in accordance with Subsections (3)
1208     through (5); and
1209          (iv) at the time the seller receives the order, the record keeping system that the seller
1210     uses to calculate the proper amount of tax imposed under this chapter captures the location
1211     where the order is received.
1212          Section 7. Section 59-12-211.1 is amended to read:
1213          59-12-211.1. Location of a transaction that is subject to a use tax.
1214          (1) Subject to Subsection (2), a person that is required by Subsection
1215     59-12-107(2)[(e)](h) to pay a use tax on a transaction shall report the location of that
1216     transaction at the person's location.
1217          (2) For purposes of Subsection (1), if a person has more than one location in this state,
1218     the person shall report the location of the transaction at the location at which tangible personal
1219     property, a product transferred electronically, or a service is received.
1220          Section 8. Section 76-8-1101 is amended to read:
1221          76-8-1101. Criminal offenses and penalties relating to revenue and taxation --
1222     Rulemaking authority -- Statute of limitations.
1223          (1) (a) As provided in Section 59-1-401, criminal offenses and penalties are as
1224     provided in Subsections (1)(b) through (e).
1225          (b) (i) [Any] A person [who] is guilty of a class B misdemeanor if the person:
1226          (A) is required by Title 59, Revenue and Taxation, or any laws the State Tax
1227     Commission administers or regulates, to register with or obtain a license or permit from the
1228     State Tax Commission[, who]; and
1229          (B) operates without having registered or secured a license or permit[,] or [who]
1230     operates when the registration, license, or permit is expired or not current[, is guilty of a class
1231     B misdemeanor].
1232          (ii) Notwithstanding Section 76-3-301, for purposes of Subsection (1)(b)(i), the
1233     penalty may not:
1234          (A) be less than $500; or
1235          (B) exceed $1,000.
1236          (c) (i) With respect to a tax, fee, or charge as defined in Section 59-1-401, [any] a

1237     person [who] is guilty of a third degree felony if the person:
1238          (A) knowingly and intentionally, and without a reasonable good faith basis, fails to
1239     make, render, sign, or verify any return within the time required by law or to supply any
1240     information within the time required by law[, or who];
1241          (B) makes, renders, signs, or verifies any false or fraudulent return or statement[,]; or
1242     [who]
1243          (C) supplies any false or fraudulent information[, is guilty of a third degree felony].
1244          (ii) Notwithstanding Section 76-3-301, for purposes of Subsection (1)(c)(i), the penalty
1245     may not:
1246          (A) be less than $1,000; or
1247          (B) exceed $5,000.
1248          (d) (i) Any person who intentionally or willfully attempts to evade or defeat any tax,
1249     fee, or charge as defined in Section 59-1-401 or the payment of a tax, fee, or charge as defined
1250     in Section 59-1-401 is, in addition to other penalties provided by law, guilty of a second degree
1251     felony.
1252          (ii) Notwithstanding Section 76-3-301, for purposes of Subsection (1)(d)(i), the penalty
1253     may not:
1254          (A) be less than $1,500; or
1255          (B) exceed $25,000.
1256          (e) (i) A person is guilty of a second degree felony if that person commits an act:
1257          (A) described in Subsection (1)(e)(ii) with respect to one or more of the following
1258     documents:
1259          (I) a return;
1260          (II) an affidavit;
1261          (III) a claim; or
1262          (IV) a document similar to Subsections (1)(e)(i)(A)(I) through (III); and
1263          (B) subject to Subsection (1)(e)(iii), with knowledge that the document described in
1264     Subsection (1)(e)(i)(A):
1265          (I) is false or fraudulent as to any material matter; and
1266          (II) could be used in connection with any material matter administered by the State Tax
1267     Commission.

1268          (ii) The following acts apply to Subsection (1)(e)(i):
1269          (A) preparing any portion of a document described in Subsection (1)(e)(i)(A);
1270          (B) presenting any portion of a document described in Subsection (1)(e)(i)(A);
1271          (C) procuring any portion of a document described in Subsection (1)(e)(i)(A);
1272          (D) advising in the preparation or presentation of any portion of a document described
1273     in Subsection (1)(e)(i)(A);
1274          (E) aiding in the preparation or presentation of any portion of a document described in
1275     Subsection (1)(e)(i)(A);
1276          (F) assisting in the preparation or presentation of any portion of a document described
1277     in Subsection (1)(e)(i)(A); or
1278          (G) counseling in the preparation or presentation of any portion of a document
1279     described in Subsection (1)(e)(i)(A).
1280          (iii) This Subsection (1)(e) applies:
1281          (A) regardless of whether the person for which the document described in Subsection
1282     (1)(e)(i)(A) is prepared or presented:
1283          (I) knew of the falsity of the document described in Subsection (1)(e)(i)(A); or
1284          (II) consented to the falsity of the document described in Subsection (1)(e)(i)(A); and
1285          (B) in addition to any other penalty provided by law.
1286          (iv) Notwithstanding Section 76-3-301, for purposes of this Subsection (1)(e), the
1287     penalty may not:
1288          (A) be less than $1,500; or
1289          (B) exceed $25,000.
1290          (v) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1291     State Tax Commission may make rules prescribing the documents that are similar to
1292     Subsections (1)(e)(i)(A)(I) through (III).
1293          (2) The statute of limitations for prosecution for a violation of this section is the later
1294     of six years:
1295          (a) from the date the tax should have been remitted; or
1296          (b) after the day on which the person commits the criminal offense.
1297          Section 9. Section 78A-3-102 is amended to read:
1298          78A-3-102. Supreme Court jurisdiction.

1299          (1) The Supreme Court has original jurisdiction to answer questions of state law
1300     certified by a court of the United States.
1301          (2) The Supreme Court has original jurisdiction to issue all extraordinary writs and
1302     authority to issue all writs and process necessary to carry into effect its orders, judgments, and
1303     decrees or in aid of its jurisdiction.
1304          (3) The Supreme Court has appellate jurisdiction, including jurisdiction of
1305     interlocutory appeals, over:
1306          (a) a judgment of the Court of Appeals;
1307          (b) cases certified to the Supreme Court by the Court of Appeals prior to final
1308     judgment by the Court of Appeals;
1309          (c) discipline of lawyers;
1310          (d) final orders of the Judicial Conduct Commission;
1311          (e) final orders and decrees in formal adjudicative proceedings originating with:
1312          (i) the Public Service Commission;
1313          (ii) the State Tax Commission;
1314          (iii) the School and Institutional Trust Lands Board of Trustees;
1315          (iv) the Board of Oil, Gas, and Mining;
1316          (v) the state engineer; or
1317          (vi) the executive director of the Department of Natural Resources reviewing actions of
1318     the Division of Forestry, Fire, and State Lands;
1319          (f) final orders and decrees of the district court review of informal adjudicative
1320     proceedings of agencies under Subsection (3)(e);
1321          (g) a final judgment or decree of any court of record holding a statute of the United
1322     States or this state unconstitutional on its face under the Constitution of the United States or the
1323     Utah Constitution;
1324          (h) interlocutory appeals from any court of record involving a charge of a first degree
1325     or capital felony;
1326          (i) appeals from the district court involving a conviction or charge of a first degree
1327     felony or capital felony;
1328          (j) orders, judgments, and decrees of any court of record over which the Court of
1329     Appeals does not have original appellate jurisdiction; [and]

1330          (k) appeals from the district court of orders, judgments, or decrees ruling on legislative
1331     subpoenas[.]; and
1332          (l) a challenge to the facial constitutionality of Section 59-12-107 made in accordance
1333     with Section 59-12-107.6.
1334          (4) The Supreme Court may transfer to the Court of Appeals any of the matters over
1335     which the Supreme Court has original appellate jurisdiction, except:
1336          (a) capital felony convictions or an appeal of an interlocutory order of a court of record
1337     involving a charge of a capital felony;
1338          (b) election and voting contests;
1339          (c) reapportionment of election districts;
1340          (d) retention or removal of public officers;
1341          (e) matters involving legislative subpoenas; and
1342          (f) those matters described in Subsections (3)(a) through (d) and (l).
1343          (5) The Supreme Court has sole discretion in granting or denying a petition for writ of
1344     certiorari for the review of a Court of Appeals adjudication, but the Supreme Court shall
1345     review those cases certified to it by the Court of Appeals under Subsection (3)(b).
1346          (6) The Supreme Court shall comply with the requirements of Title 63G, Chapter 4,
1347     Administrative Procedures Act, in its review of agency adjudicative proceedings.
1348          Section 10. Severability clause.
1349          The provisions of this bill are severable. If any provision of this bill, or the application
1350     of any provision to any person or circumstance, is held invalid by a final decision of a court of
1351     competent jurisdiction, the remainder of this bill shall be given effect without the invalid
1352     provision or application.
1353          Section 11. Effective date.
1354          This bill takes effect on July 1, 2017.






Legislative Review Note
Office of Legislative Research and General Counsel