59-2-108. Depreciation schedule for certain taxable tangible personal property.
(1) As used in this section:
(a) (i) "Acquisition cost" means all costs required to put an item of tangible personal
property into service; and
(ii) includes:
(A) the purchase price for a new or used item;
(B) the cost of freight and shipping;
(C) the cost of installation, engineering, erection, or assembly; and
(D) sales and use taxes.
(b) "Expensed personal property" means an item of taxable tangible personal property
that:
(i) has an acquisition cost of $1,000 or less; and
(ii) a person elects to have assessed according to a schedule described in Subsection (4).
(c) (i) "Item of taxable tangible personal property" does not include an improvement to
real property or a part that will become an improvement.
(ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may make rules defining the term "item of taxable tangible personal property."
(d) (i) "Short life expensed personal property" means expensed personal property that is
the same type as the following personal property:
(A) short life property;
(B) short life trade fixtures; or
(C) computer hardware.
(ii) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
commission may make rules defining the following terms:
(A) "short life property";
(B) "short life trade fixtures"; and
(C) "computer hardware."
(e) "Taxable tangible personal property" means tangible personal property that is subject
to taxation under this chapter.
(2) (a) A person may elect to designate taxable tangible personal property as expensed
personal property.
(b) A county shall not require a person to:
(i) itemize expensed personal property on the signed statement described in Section
59-2-306; and
(ii) track expensed personal property.
(c) If a taxpayer's expensed personal property is audited in accordance with Subsection
59-2-306(3), a taxpayer shall provide proof of the acquisition cost of the expensed personal
property.
(3) (a) An election to designate taxable tangible personal property as expensed personal
property under this section may not be revoked.
(b) Except as provided in Subsection (3)(d), if an item of taxable tangible personal
property is designated as expensed personal property, the person must pay taxes according to the
taxable value determined by the schedule for a term designated by a schedule described in
Subsection (4).
(c) If a person sells or otherwise disposes of an item of expensed personal property prior
to the time period described in Subsection (3)(b) or (d), the person shall continue to pay taxes
according to the schedule described in Subsection (4).
(d) If a person elects to designate an item of taxable tangible personal property acquired
before December 31, 2008, as expensed personal property at a time after the first year after the
item is acquired, the person must pay taxes according to the taxable value determined by the
schedule for a time period that equals:
(i) the time period designated in Subsection (3)(b); less
(ii) the time period beginning when the person acquired the item of expensed personal
property and ending when the person designated the item as short life expensed personal
property.
(e) If a person elects to designate taxable tangible personal property as expensed personal
property in accordance with Subsection (2)(a), the person may not appeal the values described in
Subsection (4).
(4) (a) For the taxable year beginning on January 1, 2009 and ending on December 31,
2009, the taxable value of short life expensed personal property is calculated by applying the
percent good factor against the acquisition cost of the property as follows: