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Cities, Counties, and Local Taxing Units | |
Prohibition on Sales and Use Tax Incentive Payments Act | |
Section 102 | Definitions. |
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11-41-102. Definitions. As used in this chapter: (1) "Agreement" means an oral or written agreement between a: (a) (i) county; or (ii) municipality; and (b) person. (2) "Municipality" means a: (a) city; or (b) town. (3) "Payment" includes: (a) a payment; (b) a rebate; (c) a refund; or (d) an amount similar to Subsections (3)(a) through (c). (4) "Regional retail business" means a: (a) retail business that occupies a floor area of more than 80,000 square feet; (b) dealer as defined in Section 41-1a-102; (c) retail shopping facility that has at least two anchor tenants if the total number of anchor tenants in the shopping facility occupy a total floor area of more than 150,000 square feet; or (d) grocery store that occupies a floor area of more than 30,000 square feet. (5) (a) "Sales and use tax" means a tax: (i) imposed on transactions within a: (A) county; or (B) municipality; and (ii) except as provided in Subsection (5)(b), authorized under Title 59, Chapter 12, Sales and Use Tax Act. (b) Notwithstanding Subsection (5)(a)(ii), "sales and use tax" does not include a tax authorized under: (i) Subsection 59-12-103(2)(a)(i); (ii) Subsection 59-12-103(2)(b)(i); (iii) Subsection 59-12-103(2)(c)(i); (iv) Subsection 59-12-103(2)(d)(i)(A); (v) Section 59-12-301; (vi) Section 59-12-352; (vii) Section 59-12-353; (viii) Section 59-12-603; or (ix) Section 59-12-1201. (6) (a) "Sales and use tax incentive payment" means a payment of revenues: (i) to a person; (ii) by a: (A) county; or (B) municipality; (iii) to induce the person to locate or relocate a regional retail business within the: (A) county; or (B) municipality; and (iv) that are derived from a sales and use tax. (b) "Sales and use tax incentive payment" does not include funding for public infrastructure.
Amended by Chapter 286, 2008 General Session |
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