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Revenue and Taxation | |
Sales and Use Tax Act | |
Section 103.1 | Action by Supreme Court of the United States authorizing or action by Congress permitting a state to require certain sellers to collect a sales or use tax -- Collection of tax by commission -- Commission report to Revenue and Taxation Interim Committee -- Revenue and Taxation Interim Committee study. |
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59-12-103.1. Action by Supreme Court of the United States authorizing or action
by Congress permitting a state to require certain sellers to collect a sales or use tax --
Collection of tax by commission -- Commission report to Revenue and Taxation Interim
Committee -- Revenue and Taxation Interim Committee study. (1) Except as provided in Section 59-12-107.1, a seller shall remit a tax to the commission as provided in Section 59-12-107 if: (a) the Supreme Court of the United States issues a decision authorizing a state to require a seller that does not meet one or more of the criteria described in Subsection 59-12-107(1)(a) to collect a sales or use tax; or (b) Congress permits the state to require a seller that does not meet one or more of the criteria described in Subsection 59-12-107(1)(a) to collect a sales or use tax. (2) The commission shall: (a) collect the tax described in Subsection (1) from the seller: (i) to the extent: (A) authorized by the Supreme Court of the United States; or (B) permitted by Congress; and (ii) beginning on the first day of a calendar quarter as prescribed by the Revenue and Taxation Interim Committee; and (b) make a report to the Revenue and Taxation Interim Committee: (i) regarding the actions taken by: (A) the Supreme Court of the United States; or (B) Congress; and (ii) at the Revenue and Taxation Interim Committee meeting immediately following the day on which the Supreme Court of the United States' or Congress' actions become effective. (3) The Revenue and Taxation Interim Committee shall after hearing the commission's report under Subsection (2)(b): (a) review the actions taken by: (i) the Supreme Court of the United States; or (ii) Congress; (b) direct the commission regarding the day on which the commission is required to collect the tax described in Subsection (1); and (c) make recommendations to the Legislative Management Committee: (i) regarding whether as a result of the Supreme Court of the United States' or Congress' actions any provisions of this chapter should be amended or repealed; and (ii) within a one-year period after the day on which the commission makes a report under Subsection (2)(b).
Amended by Chapter 384, 2011 General Session |
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