<section number="59-12-104"><effdate>1/1/2026</effdate><enddate type="SC">7/1/2026</enddate><histories><history>Amended by Chapter <modchap sess="2025S1">17</modchap>, 2025 Special Session 1</history><modyear>2025</modyear></histories><catchline>Exemptions.</catchline><tab/>Exemptions from the taxes imposed by this chapter are as follows:<subsection number="59-12-104(1)">sales of aviation fuel, motor fuel, and special fuel subject to a Utah state excise tax under Chapter 13, Motor and Special Fuel Tax Act;</subsection><subsection number="59-12-104(2)">subject to Section <xref depth="3" refnumber="59-12-104.6">59-12-104.6</xref>, sales to the state, its institutions, and its political subdivisions; however, this exemption does not apply to sales of:<subsection number="59-12-104(2)(a)">construction materials except:<subsection number="59-12-104(2)(a)(i)">construction materials purchased by or on behalf of institutions of the public education system as defined in Utah Constitution, Article X, Section 2, provided the construction materials are clearly identified and segregated and installed or converted to real property which is owned by institutions of the public education system; and</subsection><subsection number="59-12-104(2)(a)(ii)">construction materials purchased by the state, its institutions, or its political subdivisions which are installed or converted to real property by employees of the state, its institutions, or its political subdivisions; or</subsection></subsection><subsection number="59-12-104(2)(b)">tangible personal property in connection with the construction, operation, maintenance, repair, or replacement of a project, as defined in Section <xref depth="3" refnumber="11-13-103">11-13-103</xref>, or facilities providing additional project capacity, as defined in Section <xref depth="3" refnumber="11-13-103">11-13-103</xref>;</subsection></subsection><subsection number="59-12-104(3)"><subsection number="59-12-104(3)(a)">sales of an item described in Subsection <xref depth="4" refnumber="59-12-104(3)(b)">(3)(b)</xref> from a vending machine if:<subsection number="59-12-104(3)(a)(i)">the proceeds of each sale do not exceed $1; and</subsection><subsection number="59-12-104(3)(a)(ii)">the seller or operator of the vending machine reports an amount equal to 150% of the cost of the item described in Subsection <xref depth="4" refnumber="59-12-104(3)(b)">(3)(b)</xref> as goods consumed; and</subsection></subsection><subsection number="59-12-104(3)(b)">Subsection <xref depth="4" refnumber="59-12-104(3)(a)">(3)(a)</xref> applies to:<subsection number="59-12-104(3)(b)(i)">food and food ingredients; or</subsection><subsection number="59-12-104(3)(b)(ii)">prepared food;</subsection></subsection></subsection><subsection number="59-12-104(4)"><subsection number="59-12-104(4)(a)">sales of the following to a commercial airline carrier for in-flight consumption:<subsection number="59-12-104(4)(a)(i)">alcoholic beverages;</subsection><subsection number="59-12-104(4)(a)(ii)">food and food ingredients; or</subsection><subsection number="59-12-104(4)(a)(iii)">prepared food;</subsection></subsection><subsection number="59-12-104(4)(b)">sales of tangible personal property or a product transferred electronically:<subsection number="59-12-104(4)(b)(i)">to a passenger;</subsection><subsection number="59-12-104(4)(b)(ii)">by a commercial airline carrier; and</subsection><subsection number="59-12-104(4)(b)(iii)">during a flight for in-flight consumption or in-flight use by the passenger; or</subsection></subsection><subsection number="59-12-104(4)(c)">services related to Subsection <xref depth="4" refnumber="59-12-104(4)(a)">(4)(a)</xref> or <xref depth="4" refnumber="59-12-104(b)">(b)</xref>;</subsection></subsection><subsection number="59-12-104(5)">sales of parts and equipment for installation in an aircraft operated by a common carrier in interstate or foreign commerce;</subsection><subsection number="59-12-104(6)">sales of commercials, motion picture films, prerecorded audio program tapes or records, and prerecorded video tapes by a producer, distributor, or studio to a motion picture exhibitor, distributor, or commercial television or radio broadcaster;</subsection><subsection number="59-12-104(7)"><subsection number="59-12-104(7)(a)">except as provided in Subsection <xref depth="4" refnumber="59-12-104(85)">(85)</xref> and subject to Subsection <xref depth="4" refnumber="59-12-104(7)(b)">(7)(b)</xref>, sales of cleaning or washing of tangible personal property if the cleaning or washing of the tangible personal property is not assisted cleaning or washing of tangible personal property;</subsection><subsection number="59-12-104(7)(b)">if a seller that sells at the same business location assisted cleaning or washing of tangible personal property and cleaning or washing of tangible personal property that is not assisted cleaning or washing of tangible personal property, the exemption described in Subsection <xref depth="4" refnumber="59-12-104(7)(a)">(7)(a)</xref> applies if the seller separately accounts for the sales of the assisted cleaning or washing of the tangible personal property; and</subsection><subsection number="59-12-104(7)(c)">for purposes of Subsection <xref depth="4" refnumber="59-12-104(7)(b)">(7)(b)</xref> and in accordance with Title <xref depth="1" refnumber="63G-3">63G, Chapter 3</xref>, Utah Administrative Rulemaking Act, the commission may make rules:<subsection number="59-12-104(7)(c)(i)">governing the circumstances under which sales are at the same business location; and</subsection><subsection number="59-12-104(7)(c)(ii)">establishing the procedures and requirements for a seller to separately account for sales of assisted cleaning or washing of tangible personal property;</subsection></subsection></subsection><subsection number="59-12-104(8)">sales made to or by religious or charitable institutions in the conduct of their regular religious or charitable functions and activities, if the requirements of Section <xref depth="3" refnumber="59-12-104.1">59-12-104.1</xref> are fulfilled;</subsection><subsection number="59-12-104(9)">sales of a vehicle of a type required to be registered under the motor vehicle laws of this state if:<subsection number="59-12-104(9)(a)">the sale is not from the vehicle's lessor to the vehicle's lessee;</subsection><subsection number="59-12-104(9)(b)">the vehicle is not registered in this state; and</subsection><subsection number="59-12-104(9)(c)"><subsection number="59-12-104(9)(c)(i)">the vehicle is not used in this state; or</subsection><subsection number="59-12-104(9)(c)(ii)">the vehicle is used in this state:<subsection number="59-12-104(9)(c)(ii)(A)">if the vehicle is not used to conduct business, for a time period that does not exceed the longer of:<subsection number="59-12-104(9)(c)(ii)(A)(I)">30 days in any calendar year; or</subsection><subsection number="59-12-104(9)(c)(ii)(A)(II)">the time period necessary to transport the vehicle to the borders of this state; or</subsection></subsection><subsection number="59-12-104(9)(c)(ii)(B)">if the vehicle is used to conduct business, for the time period necessary to transport the vehicle to the borders of this state;</subsection></subsection></subsection></subsection><subsection number="59-12-104(10)"><subsection number="59-12-104(10)(a)">amounts paid for an item described in Subsection <xref depth="4" refnumber="59-12-104(10)(b)">(10)(b)</xref> if:<subsection number="59-12-104(10)(a)(i)">the item is intended for human use; and</subsection><subsection number="59-12-104(10)(a)(ii)"><subsection number="59-12-104(10)(a)(ii)(A)">a prescription was issued for the item; or</subsection><subsection number="59-12-104(10)(a)(ii)(B)">the item was purchased by a hospital or other medical facility; and</subsection></subsection></subsection><subsection number="59-12-104(10)(b)"><subsection number="59-12-104(10)(b)(i)">Subsection <xref depth="4" refnumber="59-12-104(10)(a)">(10)(a)</xref> applies to:<subsection number="59-12-104(10)(b)(i)(A)">a drug;</subsection><subsection number="59-12-104(10)(b)(i)(B)">a syringe; or</subsection><subsection number="59-12-104(10)(b)(i)(C)">a stoma supply; and</subsection></subsection><subsection number="59-12-104(10)(b)(ii)">in accordance with Title <xref depth="1" refnumber="63G-3">63G, Chapter 3</xref>, Utah Administrative Rulemaking Act, the commission may by rule define the terms:<subsection number="59-12-104(10)(b)(ii)(A)">"syringe"; or</subsection><subsection number="59-12-104(10)(b)(ii)(B)">"stoma supply";</subsection></subsection></subsection></subsection><subsection number="59-12-104(11)">purchases or leases exempt under Section <xref depth="3" refnumber="19-12-201">19-12-201</xref>;</subsection><subsection number="59-12-104(12)"><subsection number="59-12-104(12)(a)">sales of an item described in Subsection <xref depth="4" refnumber="59-12-104(12)(c)">(12)(c)</xref> served by:<subsection number="59-12-104(12)(a)(i)">the following if the item described in Subsection <xref depth="4" refnumber="59-12-104(12)(c)">(12)(c)</xref> is not available to the general public:<subsection number="59-12-104(12)(a)(i)(A)">a church; or</subsection><subsection number="59-12-104(12)(a)(i)(B)">a charitable institution; or</subsection></subsection><subsection number="59-12-104(12)(a)(ii)">an institution of higher education if:<subsection number="59-12-104(12)(a)(ii)(A)">the item described in Subsection <xref depth="4" refnumber="59-12-104(12)(c)">(12)(c)</xref> is not available to the general public; or</subsection><subsection number="59-12-104(12)(a)(ii)(B)">the item described in Subsection <xref depth="4" refnumber="59-12-104(12)(c)">(12)(c)</xref> is prepaid as part of a student meal plan offered by the institution of higher education;</subsection></subsection></subsection><subsection number="59-12-104(12)(b)">sales of an item described in Subsection <xref depth="4" refnumber="59-12-104(12)(c)">(12)(c)</xref> provided for a patient by:<subsection number="59-12-104(12)(b)(i)">a medical facility; or</subsection><subsection number="59-12-104(12)(b)(ii)">a nursing facility; and</subsection></subsection><subsection number="59-12-104(12)(c)">Subsections <xref depth="4" refnumber="59-12-104(12)(a)">(12)(a)</xref> and <xref depth="4" refnumber="59-12-104(b)">(b)</xref> apply to:<subsection number="59-12-104(12)(c)(i)">food and food ingredients;</subsection><subsection number="59-12-104(12)(c)(ii)">prepared food; or</subsection><subsection number="59-12-104(12)(c)(iii)">alcoholic beverages;</subsection></subsection></subsection><subsection number="59-12-104(13)"><subsection number="59-12-104(13)(a)">except as provided in Subsection <xref depth="4" refnumber="59-12-104(13)(b)">(13)(b)</xref>, the sale of tangible personal property or a product transferred electronically by a person:<subsection number="59-12-104(13)(a)(i)">regardless of the number of transactions involving the sale of that tangible personal property or product transferred electronically by that person; and</subsection><subsection number="59-12-104(13)(a)(ii)">not regularly engaged in the business of selling that type of tangible personal property or product transferred electronically;</subsection></subsection><subsection number="59-12-104(13)(b)">this Subsection <xref depth="4" refnumber="59-12-104(13)">(13)</xref> does not apply if:<subsection number="59-12-104(13)(b)(i)">the sale is one of a series of sales of a character to indicate that the person is regularly engaged in the business of selling that type of tangible personal property or product transferred electronically;</subsection><subsection number="59-12-104(13)(b)(ii)">the person holds that person out as regularly engaged in the business of selling that type of tangible personal property or product transferred electronically;</subsection><subsection number="59-12-104(13)(b)(iii)">the person sells an item of tangible personal property or product transferred electronically that the person purchased as a sale that is exempt under Subsection <xref depth="4" refnumber="59-12-104(25)">(25)</xref>; or </subsection><subsection number="59-12-104(13)(b)(iv)">the sale is of a vehicle or vessel required to be titled or registered under the laws of this state in which case the tax is based upon:<subsection number="59-12-104(13)(b)(iv)(A)">the bill of sale, lease agreement, or other written evidence of value of the vehicle or vessel being sold; or</subsection><subsection number="59-12-104(13)(b)(iv)(B)">in the absence of a bill of sale, lease agreement, or other written evidence of value, the fair market value of the vehicle or vessel being sold at the time of the sale as determined by the commission; and</subsection></subsection></subsection><subsection number="59-12-104(13)(c)">in accordance with Title <xref depth="1" refnumber="63G-3">63G, Chapter 3</xref>, Utah Administrative Rulemaking Act, the commission shall make rules establishing the circumstances under which:<subsection number="59-12-104(13)(c)(i)">a person is regularly engaged in the business of selling a type of tangible personal property or product transferred electronically;</subsection><subsection number="59-12-104(13)(c)(ii)">a sale of tangible personal property or a product transferred electronically is one of a series of sales of a character to indicate that a person is regularly engaged in the business of selling that type of tangible personal property or product transferred electronically; or</subsection><subsection number="59-12-104(13)(c)(iii)">a person holds that person out as regularly engaged in the business of selling a type of tangible personal property or product transferred electronically;</subsection></subsection></subsection><subsection number="59-12-104(14)">amounts paid or charged for a purchase or lease of machinery, equipment, normal operating repair or replacement parts, or materials, except for office equipment or office supplies, by:<subsection number="59-12-104(14)(a)">a manufacturing facility that:<subsection number="59-12-104(14)(a)(i)">is located in the state; and</subsection><subsection number="59-12-104(14)(a)(ii)">uses or consumes the machinery, equipment, normal operating repair or replacement parts, or materials:<subsection number="59-12-104(14)(a)(ii)(A)">in the manufacturing process to manufacture an item sold as tangible personal property, as the commission may define that phrase in accordance with Title <xref depth="1" refnumber="63G-3">63G, Chapter 3</xref>, Utah Administrative Rulemaking Act; or</subsection><subsection number="59-12-104(14)(a)(ii)(B)">for a scrap recycler, to process an item sold as tangible personal property, as the commission may define that phrase in accordance with Title <xref depth="1" refnumber="63G-3">63G, Chapter 3</xref>, Utah Administrative Rulemaking Act;</subsection></subsection></subsection><subsection number="59-12-104(14)(b)">an establishment, as the commission defines that term in accordance with Title <xref depth="1" refnumber="63G-3">63G, Chapter 3</xref>, Utah Administrative Rulemaking Act, that:<subsection number="59-12-104(14)(b)(i)">is described in NAICS Subsector 212, Mining (except Oil and Gas), or NAICS Code 213113, Support Activities for Coal Mining, 213114, Support Activities for Metal Mining, or 213115, Support Activities for Nonmetallic Minerals (except Fuels) Mining, of the 2002 North American Industry Classification System of the federal Executive Office of the President, Office of Management and Budget;</subsection><subsection number="59-12-104(14)(b)(ii)">is located in the state; and</subsection><subsection number="59-12-104(14)(b)(iii)">uses or consumes the machinery, equipment, normal operating repair or replacement parts, or materials in:<subsection number="59-12-104(14)(b)(iii)(A)">the production process to produce an item sold as tangible personal property, as the commission may define that phrase in accordance with Title <xref depth="1" refnumber="63G-3">63G, Chapter 3</xref>, Utah Administrative Rulemaking Act;</subsection><subsection number="59-12-104(14)(b)(iii)(B)">research and development, as the commission may define that phrase in accordance with Title <xref depth="1" refnumber="63G-3">63G, Chapter 3</xref>, Utah Administrative Rulemaking Act;</subsection><subsection number="59-12-104(14)(b)(iii)(C)">transporting, storing, or managing tailings, overburden, or similar waste materials produced from mining;</subsection><subsection number="59-12-104(14)(b)(iii)(D)">developing or maintaining a road, tunnel, excavation, or similar feature used in mining; or</subsection><subsection number="59-12-104(14)(b)(iii)(E)">preventing, controlling, or reducing dust or other pollutants from mining; or</subsection></subsection></subsection><subsection number="59-12-104(14)(c)">an establishment, as the commission defines that term in accordance with Title <xref depth="1" refnumber="63G-3">63G, Chapter 3</xref>, Utah Administrative Rulemaking Act, that:<subsection number="59-12-104(14)(c)(i)">is described in NAICS Code 518112, Web Search Portals, of the 2002 North American Industry Classification System of the federal Executive Office of the President, Office of Management and Budget;</subsection><subsection number="59-12-104(14)(c)(ii)">is located in the state; and</subsection><subsection number="59-12-104(14)(c)(iii)">uses or consumes the machinery, equipment, normal operating repair or replacement parts, or materials in the operation of the web search portal;</subsection></subsection></subsection><subsection number="59-12-104(15)"><subsection number="59-12-104(15)(a)">sales of the following if the requirements of Subsection <xref depth="4" refnumber="59-12-104(15)(b)">(15)(b)</xref> are met:<subsection number="59-12-104(15)(a)(i)">tooling;</subsection><subsection number="59-12-104(15)(a)(ii)">special tooling;</subsection><subsection number="59-12-104(15)(a)(iii)">support equipment;</subsection><subsection number="59-12-104(15)(a)(iv)">special test equipment; or</subsection><subsection number="59-12-104(15)(a)(v)">parts used in the repairs or renovations of tooling or equipment described in Subsections <xref depth="4" refnumber="59-12-104(15)(a)(i)">(15)(a)(i)</xref> through <xref depth="4" refnumber="59-12-104(iv)">(iv)</xref>; and</subsection></subsection><subsection number="59-12-104(15)(b)">sales of tooling, equipment, or parts described in Subsection <xref depth="4" refnumber="59-12-104(15)(a)">(15)(a)</xref> are exempt if:<subsection number="59-12-104(15)(b)(i)">the tooling, equipment, or parts are used or consumed exclusively in the performance of any aerospace or electronics industry contract with the United States government or any subcontract under that contract; and</subsection><subsection number="59-12-104(15)(b)(ii)">under the terms of the contract or subcontract described in Subsection <xref depth="4" refnumber="59-12-104(15)(b)(i)">(15)(b)(i)</xref>, title to the tooling, equipment, or parts is vested in the United States government as evidenced by:<subsection number="59-12-104(15)(b)(ii)(A)">a government identification tag placed on the tooling, equipment, or parts; or</subsection><subsection number="59-12-104(15)(b)(ii)(B)">listing on a government-approved property record if placing a government identification tag on the tooling, equipment, or parts is impractical;</subsection></subsection></subsection></subsection><subsection number="59-12-104(16)">sales of newspapers or newspaper subscriptions;</subsection><subsection number="59-12-104(17)"><subsection number="59-12-104(17)(a)">except as provided in Subsection <xref depth="4" refnumber="59-12-104(17)(b)">(17)(b)</xref>, tangible personal property or a product transferred electronically traded in as full or part payment of the purchase price, except that for purposes of calculating sales or use tax upon vehicles not sold by a vehicle dealer, trade-ins are limited to other vehicles only, and the tax is based upon:<subsection number="59-12-104(17)(a)(i)">the bill of sale or other written evidence of value of the vehicle being sold and the vehicle being traded in; or</subsection><subsection number="59-12-104(17)(a)(ii)">in the absence of a bill of sale or other written evidence of value, the then existing fair market value of the vehicle being sold and the vehicle being traded in, as determined by the commission; and</subsection></subsection><subsection number="59-12-104(17)(b)">Subsection <xref depth="4" refnumber="59-12-104(17)(a)">(17)(a)</xref> does not apply to the following items of tangible personal property or products transferred electronically traded in as full or part payment of the purchase price:<subsection number="59-12-104(17)(b)(i)">money;</subsection><subsection number="59-12-104(17)(b)(ii)">electricity;</subsection><subsection number="59-12-104(17)(b)(iii)">water;</subsection><subsection number="59-12-104(17)(b)(iv)">gas; or</subsection><subsection number="59-12-104(17)(b)(v)">steam;</subsection></subsection></subsection><subsection number="59-12-104(18)"><subsection number="59-12-104(18)(a)"><subsection number="59-12-104(18)(a)(i)">except as provided in Subsection <xref depth="4" refnumber="59-12-104(18)(b)">(18)(b)</xref>, sales of tangible personal property or a product transferred electronically used or consumed primarily and directly in farming operations, regardless of whether the tangible personal property or product transferred electronically:<subsection number="59-12-104(18)(a)(i)(A)">becomes part of real estate; or</subsection><subsection number="59-12-104(18)(a)(i)(B)">is installed by a farmer, contractor, or subcontractor; or</subsection></subsection><subsection number="59-12-104(18)(a)(ii)">sales of parts used in the repairs or renovations of tangible personal property or a product transferred electronically if the tangible personal property or product transferred electronically is exempt under Subsection <xref depth="4" refnumber="59-12-104(18)(a)(i)">(18)(a)(i)</xref>; and</subsection></subsection><subsection number="59-12-104(18)(b)">amounts paid or charged for the following are subject to the taxes imposed by this chapter:<subsection number="59-12-104(18)(b)(i)"><subsection number="59-12-104(18)(b)(i)(A)">subject to Subsection <xref depth="4" refnumber="59-12-104(18)(b)(i)(b)">(18)(b)(i)(B)</xref>, machinery, equipment, materials, or supplies if used in a manner that is incidental to farming; and</subsection><subsection number="59-12-104(18)(b)(i)(B)">tangible personal property that is considered to be used in a manner that is incidental to farming includes:<subsection number="59-12-104(18)(b)(i)(B)(I)">hand tools; or</subsection><subsection number="59-12-104(18)(b)(i)(B)(II)">maintenance and janitorial equipment and supplies;</subsection></subsection></subsection><subsection number="59-12-104(18)(b)(ii)"><subsection number="59-12-104(18)(b)(ii)(A)">subject to Subsection <xref depth="4" refnumber="59-12-104(18)(b)(ii)(b)">(18)(b)(ii)(B)</xref>, tangible personal property or a product transferred electronically if the tangible personal property or product transferred electronically is used in an activity other than farming; and</subsection><subsection number="59-12-104(18)(b)(ii)(B)">tangible personal property or a product transferred electronically that is considered to be used in an activity other than farming includes:<subsection number="59-12-104(18)(b)(ii)(B)(I)">office equipment and supplies; or</subsection><subsection number="59-12-104(18)(b)(ii)(B)(II)">equipment and supplies used in:<subsection number="59-12-104(18)(b)(ii)(B)(II)(Aa)">the sale or distribution of farm products;</subsection><subsection number="59-12-104(18)(b)(ii)(B)(II)(Bb)">research; or</subsection><subsection number="59-12-104(18)(b)(ii)(B)(II)(Cc)">transportation; or</subsection></subsection></subsection></subsection><subsection number="59-12-104(18)(b)(iii)">a vehicle required to be registered by the laws of this state during the period ending two years after the date of the vehicle's purchase;</subsection></subsection></subsection><subsection number="59-12-104(19)">sales of hay;</subsection><subsection number="59-12-104(20)">exclusive sale during the harvest season of seasonal crops, seedling plants, or garden, farm, or other agricultural produce if the seasonal crops are, seedling plants are, or garden, farm, or other agricultural produce is sold by:<subsection number="59-12-104(20)(a)">the producer of the seasonal crops, seedling plants, or garden, farm, or other agricultural produce;</subsection><subsection number="59-12-104(20)(b)">an employee of the producer described in Subsection <xref depth="4" refnumber="59-12-104(20)(a)">(20)(a)</xref>; or</subsection><subsection number="59-12-104(20)(c)">a member of the immediate family of the producer described in Subsection <xref depth="4" refnumber="59-12-104(20)(a)">(20)(a)</xref>;</subsection></subsection><subsection number="59-12-104(21)">purchases made using a coupon as defined in 7 U.S.C. Sec. 2012 that is issued under the Food Stamp Program, 7 U.S.C. Sec. 2011 et seq.;</subsection><subsection number="59-12-104(22)">sales of nonreturnable containers, nonreturnable labels, nonreturnable bags, nonreturnable shipping cases, and nonreturnable casings to a manufacturer, processor, wholesaler, or retailer for use in packaging tangible personal property to be sold by that manufacturer, processor, wholesaler, or retailer;</subsection><subsection number="59-12-104(23)">a product stored in the state for resale;</subsection><subsection number="59-12-104(24)"><subsection number="59-12-104(24)(a)">purchases of a product if:<subsection number="59-12-104(24)(a)(i)">the product is:<subsection number="59-12-104(24)(a)(i)(A)">purchased outside of this state;</subsection><subsection number="59-12-104(24)(a)(i)(B)">brought into this state:<subsection number="59-12-104(24)(a)(i)(B)(I)">at any time after the purchase described in Subsection <xref depth="4" refnumber="59-12-104(24)(a)(i)(a)">(24)(a)(i)(A)</xref>; and</subsection><subsection number="59-12-104(24)(a)(i)(B)(II)">by a nonresident person who is not living or working in this state at the time of the purchase;</subsection></subsection><subsection number="59-12-104(24)(a)(i)(C)">used for the personal use or enjoyment of the nonresident person described in Subsection <xref depth="4" refnumber="59-12-104(24)(a)(i)(b)(ii)">(24)(a)(i)(B)(II)</xref> while that nonresident person is within the state; and</subsection><subsection number="59-12-104(24)(a)(i)(D)">not used in conducting business in this state; and</subsection></subsection><subsection number="59-12-104(24)(a)(ii)">for:<subsection number="59-12-104(24)(a)(ii)(A)">a product other than a boat described in Subsection <xref depth="4" refnumber="59-12-104(24)(a)(ii)(b)">(24)(a)(ii)(B)</xref>, the first use of the product for a purpose for which the product is designed occurs outside of this state;</subsection><subsection number="59-12-104(24)(a)(ii)(B)">a boat, the boat is registered outside of this state; or</subsection><subsection number="59-12-104(24)(a)(ii)(C)">a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered outside of this state;</subsection></subsection></subsection><subsection number="59-12-104(24)(b)">the exemption provided for in Subsection <xref depth="4" refnumber="59-12-104(24)(a)">(24)(a)</xref> does not apply to:<subsection number="59-12-104(24)(b)(i)">a lease or rental of a product; or</subsection><subsection number="59-12-104(24)(b)(ii)">a sale of a vehicle exempt under Subsection <xref depth="4" refnumber="59-12-104(33)">(33)</xref>; and</subsection></subsection><subsection number="59-12-104(24)(c)">in accordance with Title <xref depth="1" refnumber="63G-3">63G, Chapter 3</xref>, Utah Administrative Rulemaking Act, for purposes of Subsection <xref depth="4" refnumber="59-12-104(24)(a)">(24)(a)</xref>, the commission may by rule define what constitutes the following:<subsection number="59-12-104(24)(c)(i)">conducting business in this state if that phrase has the same meaning in this Subsection <xref depth="4" refnumber="59-12-104(24)">(24)</xref> as in Subsection <xref depth="4" refnumber="59-12-104(63)">(63)</xref>;</subsection><subsection number="59-12-104(24)(c)(ii)">the first use of a product if that phrase has the same meaning in this Subsection <xref depth="4" refnumber="59-12-104(24)">(24)</xref> as in Subsection <xref depth="4" refnumber="59-12-104(63)">(63)</xref>; or</subsection><subsection number="59-12-104(24)(c)(iii)">a purpose for which a product is designed if that phrase has the same meaning in this Subsection <xref depth="4" refnumber="59-12-104(24)">(24)</xref> as in Subsection <xref depth="4" refnumber="59-12-104(63)">(63)</xref>;</subsection></subsection></subsection><subsection number="59-12-104(25)">a product purchased for resale in the regular course of business, either in the product's original form or as an ingredient or component part of a manufactured or compounded product;</subsection><subsection number="59-12-104(26)">a product upon which a sales or use tax was paid to some other state, or one of another state's subdivisions, except that the state shall be paid any difference between the tax paid and the tax imposed by this part and Part <xref depth="2" refnumber="59-12-2">2, Local Sales and Use Tax Act</xref>, and no adjustment is allowed if the tax paid was greater than the tax imposed by this part and Part <xref depth="2" refnumber="59-12-2">2, Local Sales and Use Tax Act</xref>;</subsection><subsection number="59-12-104(27)">any sale of a service described in Subsections <xref depth="4" refnumber="59-12-103(1)(b)">59-12-103(1)(b)</xref>, (c), and (d) to a person for use in compounding a service taxable under the subsections;</subsection><subsection number="59-12-104(28)">purchases made in accordance with the special supplemental nutrition program for women, infants, and children established in 42 U.S.C. Sec. 1786;</subsection><subsection number="59-12-104(29)">sales or leases of rolls, rollers, refractory brick, electric motors, or other replacement parts used in the furnaces, mills, or ovens of a steel mill described in SIC Code 3312 of the 1987 Standard Industrial Classification Manual of the federal Executive Office of the President, Office of Management and Budget;</subsection><subsection number="59-12-104(30)">sales of a boat of a type required to be registered under Title <xref depth="1" refnumber="73-18">73, Chapter 18</xref>, State Boating Act, a boat trailer, or an outboard motor if the boat, boat trailer, or outboard motor is:<subsection number="59-12-104(30)(a)">not registered in this state; and</subsection><subsection number="59-12-104(30)(b)"><subsection number="59-12-104(30)(b)(i)">not used in this state; or</subsection><subsection number="59-12-104(30)(b)(ii)">used in this state:<subsection number="59-12-104(30)(b)(ii)(A)">if the boat, boat trailer, or outboard motor is not used to conduct business, for a time period that does not exceed the longer of:<subsection number="59-12-104(30)(b)(ii)(A)(I)">30 days in any calendar year; or</subsection><subsection number="59-12-104(30)(b)(ii)(A)(II)">the time period necessary to transport the boat, boat trailer, or outboard motor to the borders of this state; or</subsection></subsection><subsection number="59-12-104(30)(b)(ii)(B)">if the boat, boat trailer, or outboard motor is used to conduct business, for the time period necessary to transport the boat, boat trailer, or outboard motor to the borders of this state;</subsection></subsection></subsection></subsection><subsection number="59-12-104(31)">sales of aircraft manufactured in Utah;</subsection><subsection number="59-12-104(32)">amounts paid for the purchase of telecommunications service for purposes of providing telecommunications service;</subsection><subsection number="59-12-104(33)">sales, leases, or uses of the following:<subsection number="59-12-104(33)(a)">a vehicle by an authorized carrier; or</subsection><subsection number="59-12-104(33)(b)">tangible personal property that is installed on a vehicle:<subsection number="59-12-104(33)(b)(i)">sold or leased to or used by an authorized carrier; and</subsection><subsection number="59-12-104(33)(b)(ii)">before the vehicle is placed in service for the first time;</subsection></subsection></subsection><subsection number="59-12-104(34)"><subsection number="59-12-104(34)(a)">45% of the sales price of any new manufactured home; and</subsection><subsection number="59-12-104(34)(b)">100% of the sales price of any used manufactured home;</subsection></subsection><subsection number="59-12-104(35)">sales relating to schools and fundraising sales;</subsection><subsection number="59-12-104(36)">sales or rentals of durable medical equipment if:<subsection number="59-12-104(36)(a)">a person presents a prescription for the durable medical equipment; and</subsection><subsection number="59-12-104(36)(b)">the durable medical equipment is used for home use only;</subsection></subsection><subsection number="59-12-104(37)"><subsection number="59-12-104(37)(a)">sales to a ski resort of electricity to operate a passenger ropeway as defined in Section <xref depth="3" refnumber="72-11-102">72-11-102</xref>; and</subsection><subsection number="59-12-104(37)(b)">the commission shall by rule determine the method for calculating sales exempt under Subsection <xref depth="4" refnumber="59-12-104(37)(a)">(37)(a)</xref> that are not separately metered and accounted for in utility billings;</subsection></subsection><subsection number="59-12-104(38)">sales to a ski resort of:<subsection number="59-12-104(38)(a)">snowmaking equipment;</subsection><subsection number="59-12-104(38)(b)">ski slope grooming equipment;</subsection><subsection number="59-12-104(38)(c)">passenger ropeways as defined in Section <xref depth="3" refnumber="72-11-102">72-11-102</xref>; or</subsection><subsection number="59-12-104(38)(d)">parts used in the repairs or renovations of equipment or passenger ropeways described in Subsections <xref depth="4" refnumber="59-12-104(38)(a)">(38)(a)</xref> through <xref depth="4" refnumber="59-12-104(c)">(c)</xref>;</subsection></subsection><subsection number="59-12-104(39)">subject to Subsection <xref depth="4" refnumber="59-12-103(2)(j)">59-12-103(2)(j)</xref>, sales of natural gas, electricity, heat, coal, fuel oil, or other fuels for industrial use;</subsection><subsection number="59-12-104(40)"><subsection number="59-12-104(40)(a)">subject to Subsection <xref depth="4" refnumber="59-12-104(40)(b)">(40)(b)</xref>, sales or rentals of the right to use or operate for amusement, entertainment, or recreation an unassisted amusement device as defined in Section <xref depth="3" refnumber="59-12-102">59-12-102</xref>;</subsection><subsection number="59-12-104(40)(b)">if a seller that sells or rents at the same business location the right to use or operate for amusement, entertainment, or recreation one or more unassisted amusement devices and one or more assisted amusement devices, the exemption described in Subsection <xref depth="4" refnumber="59-12-104(40)(a)">(40)(a)</xref> applies if the seller separately accounts for the sales or rentals of the right to use or operate for amusement, entertainment, or recreation for the assisted amusement devices; and</subsection><subsection number="59-12-104(40)(c)">for purposes of Subsection <xref depth="4" refnumber="59-12-104(40)(b)">(40)(b)</xref> and in accordance with Title <xref depth="1" refnumber="63G-3">63G, Chapter 3</xref>, Utah Administrative Rulemaking Act, the commission may make rules:<subsection number="59-12-104(40)(c)(i)">governing the circumstances under which sales are at the same business location; and</subsection><subsection number="59-12-104(40)(c)(ii)">establishing the procedures and requirements for a seller to separately account for the sales or rentals of the right to use or operate for amusement, entertainment, or recreation for assisted amusement devices;</subsection></subsection></subsection><subsection number="59-12-104(41)"><subsection number="59-12-104(41)(a)">sales of photocopies by:<subsection number="59-12-104(41)(a)(i)">a governmental entity; or</subsection><subsection number="59-12-104(41)(a)(ii)">an entity within the state system of public education, including:<subsection number="59-12-104(41)(a)(ii)(A)">a school; or</subsection><subsection number="59-12-104(41)(a)(ii)(B)">the State Board of Education; or</subsection></subsection></subsection><subsection number="59-12-104(41)(b)">sales of publications by a governmental entity;</subsection></subsection><subsection number="59-12-104(42)">amounts paid for admission to an athletic event at an institution of higher education that is subject to the provisions of Title IX of the Education Amendments of 1972, 20 U.S.C. Sec. 1681 et seq.;</subsection><subsection number="59-12-104(43)"><subsection number="59-12-104(43)(a)">sales made to or by:<subsection number="59-12-104(43)(a)(i)">an area agency on aging; or</subsection><subsection number="59-12-104(43)(a)(ii)">a senior citizen center owned by a county, city, or town; or</subsection></subsection><subsection number="59-12-104(43)(b)">sales made by a senior citizen center that contracts with an area agency on aging;</subsection></subsection><subsection number="59-12-104(44)">sales or leases of semiconductor fabricating, processing, research, or development materials regardless of whether the semiconductor fabricating, processing, research, or development materials:<subsection number="59-12-104(44)(a)">actually come into contact with a semiconductor; or</subsection><subsection number="59-12-104(44)(b)">ultimately become incorporated into real property;</subsection></subsection><subsection number="59-12-104(45)">an amount paid by or charged to a purchaser for accommodations and services described in Subsection <xref depth="4" refnumber="59-12-103(1)(i)">59-12-103(1)(i)</xref> to the extent the amount is exempt under Section <xref depth="3" refnumber="59-12-104.2">59-12-104.2</xref>;</subsection><subsection number="59-12-104(46)">the lease or use of a vehicle issued a temporary sports event registration certificate in accordance with Section <xref depth="3" refnumber="41-3-306">41-3-306</xref> for the event period specified on the temporary sports event registration certificate;</subsection><subsection number="59-12-104(47)"><subsection number="59-12-104(47)(a)">sales or uses of electricity, if the sales or uses are made under a retail tariff adopted by the Public Service Commission only for purchase of electricity produced from a new alternative energy source built after January 1, 2016, as designated in the tariff by the Public Service Commission; and</subsection><subsection number="59-12-104(47)(b)">for a residential use customer only, the exemption under Subsection <xref depth="4" refnumber="59-12-104(47)(a)">(47)(a)</xref> applies only to the portion of the tariff rate a customer pays under the tariff described in Subsection <xref depth="4" refnumber="59-12-104(47)(a)">(47)(a)</xref> that exceeds the tariff rate under the tariff described in Subsection <xref depth="4" refnumber="59-12-104(47)(a)">(47)(a)</xref> that the customer would have paid absent the tariff;</subsection></subsection><subsection number="59-12-104(48)">sales or rentals of mobility enhancing equipment if a person presents a prescription for the mobility enhancing equipment;</subsection><subsection number="59-12-104(49)">sales of water in a:<subsection number="59-12-104(49)(a)">pipe;</subsection><subsection number="59-12-104(49)(b)">conduit;</subsection><subsection number="59-12-104(49)(c)">ditch; or</subsection><subsection number="59-12-104(49)(d)">reservoir;</subsection></subsection><subsection number="59-12-104(50)">sales of currency or coins that constitute legal tender of a state, the United States, or a foreign nation;</subsection><subsection number="59-12-104(51)"><subsection number="59-12-104(51)(a)">sales of an item described in Subsection <xref depth="4" refnumber="59-12-104(51)(b)">(51)(b)</xref> if the item:<subsection number="59-12-104(51)(a)(i)">does not constitute legal tender of a state, the United States, or a foreign nation; and</subsection><subsection number="59-12-104(51)(a)(ii)">has a gold, silver, or platinum content of 50% or more; and</subsection></subsection><subsection number="59-12-104(51)(b)">Subsection <xref depth="4" refnumber="59-12-104(51)(a)">(51)(a)</xref> applies to a gold, silver, or platinum:<subsection number="59-12-104(51)(b)(i)">ingot;</subsection><subsection number="59-12-104(51)(b)(ii)">bar;</subsection><subsection number="59-12-104(51)(b)(iii)">medallion; or</subsection><subsection number="59-12-104(51)(b)(iv)">decorative coin;</subsection></subsection></subsection><subsection number="59-12-104(52)">amounts paid on a sale-leaseback transaction;</subsection><subsection number="59-12-104(53)">sales of a prosthetic device:<subsection number="59-12-104(53)(a)">for use on or in a human; and</subsection><subsection number="59-12-104(53)(b)"><subsection number="59-12-104(53)(b)(i)">for which a prescription is required; or</subsection><subsection number="59-12-104(53)(b)(ii)">if the prosthetic device is purchased by a hospital or other medical facility;</subsection></subsection></subsection><subsection number="59-12-104(54)"><subsection number="59-12-104(54)(a)">except as provided in Subsection <xref depth="4" refnumber="59-12-104(54)(b)">(54)(b)</xref>, purchases, leases, or rentals of machinery or equipment by an establishment described in Subsection <xref depth="4" refnumber="59-12-104(54)(c)">(54)(c)</xref> if the machinery or equipment is primarily used in the production or postproduction of the following media for commercial distribution:<subsection number="59-12-104(54)(a)(i)">a motion picture;</subsection><subsection number="59-12-104(54)(a)(ii)">a television program;</subsection><subsection number="59-12-104(54)(a)(iii)">a movie made for television;</subsection><subsection number="59-12-104(54)(a)(iv)">a music video;</subsection><subsection number="59-12-104(54)(a)(v)">a commercial;</subsection><subsection number="59-12-104(54)(a)(vi)">a documentary; or</subsection><subsection number="59-12-104(54)(a)(vii)">a medium similar to Subsections <xref depth="4" refnumber="59-12-104(54)(a)(i)">(54)(a)(i)</xref> through <xref depth="4" refnumber="59-12-104(vi)">(vi)</xref> as determined by the commission by administrative rule made in accordance with Subsection <xref depth="4" refnumber="59-12-104(54)(d)">(54)(d)</xref>;</subsection></subsection><subsection number="59-12-104(54)(b)">purchases, leases, or rentals of machinery or equipment by an establishment described in Subsection <xref depth="4" refnumber="59-12-104(54)(c)">(54)(c)</xref> that is used for the production or postproduction of the following are subject to the taxes imposed by this chapter:<subsection number="59-12-104(54)(b)(i)">a live musical performance;</subsection><subsection number="59-12-104(54)(b)(ii)">a live news program; or</subsection><subsection number="59-12-104(54)(b)(iii)">a live sporting event;</subsection></subsection><subsection number="59-12-104(54)(c)">the following establishments listed in the 1997 North American Industry Classification System of the federal Executive Office of the President, Office of Management and Budget, apply to Subsections <xref depth="4" refnumber="59-12-104(54)(a)">(54)(a)</xref> and <xref depth="4" refnumber="59-12-104(b)">(b)</xref>:<subsection number="59-12-104(54)(c)(i)">NAICS Code 512110; or</subsection><subsection number="59-12-104(54)(c)(ii)">NAICS Code 51219; and</subsection></subsection><subsection number="59-12-104(54)(d)">in accordance with Title <xref depth="1" refnumber="63G-3">63G, Chapter 3</xref>, Utah Administrative Rulemaking Act, the commission may by rule:<subsection number="59-12-104(54)(d)(i)">prescribe what constitutes a medium similar to Subsections <xref depth="4" refnumber="59-12-104(54)(a)(i)">(54)(a)(i)</xref> through <xref depth="4" refnumber="59-12-104(vi)">(vi)</xref>; or</subsection><subsection number="59-12-104(54)(d)(ii)">define:<subsection number="59-12-104(54)(d)(ii)(A)">"commercial distribution";</subsection><subsection number="59-12-104(54)(d)(ii)(B)">"live musical performance";</subsection><subsection number="59-12-104(54)(d)(ii)(C)">"live news program"; or</subsection><subsection number="59-12-104(54)(d)(ii)(D)">"live sporting event";</subsection></subsection></subsection></subsection><subsection number="59-12-104(55)"><subsection number="59-12-104(55)(a)">leases of seven or more years or purchases made on or after July 1, 2004, but on or before June 30, 2027, of tangible personal property that:<subsection number="59-12-104(55)(a)(i)">is leased or purchased for or by a facility that:<subsection number="59-12-104(55)(a)(i)(A)">is an alternative energy electricity production facility;</subsection><subsection number="59-12-104(55)(a)(i)(B)">is located in the state; and</subsection><subsection number="59-12-104(55)(a)(i)(C)"><subsection number="59-12-104(55)(a)(i)(C)(I)">becomes operational on or after July 1, 2004; or</subsection><subsection number="59-12-104(55)(a)(i)(C)(II)">has its generation capacity increased by one or more megawatts on or after July 1, 2004, as a result of the use of the tangible personal property;</subsection></subsection></subsection><subsection number="59-12-104(55)(a)(ii)">has an economic life of five or more years; and</subsection><subsection number="59-12-104(55)(a)(iii)">is used to make the facility or the increase in capacity of the facility described in Subsection <xref depth="4" refnumber="59-12-104(55)(a)(i)">(55)(a)(i)</xref> operational up to the point of interconnection with an existing transmission grid including:<subsection number="59-12-104(55)(a)(iii)(A)">a wind turbine;</subsection><subsection number="59-12-104(55)(a)(iii)(B)">generating equipment;</subsection><subsection number="59-12-104(55)(a)(iii)(C)">a control and monitoring system;</subsection><subsection number="59-12-104(55)(a)(iii)(D)">a power line;</subsection><subsection number="59-12-104(55)(a)(iii)(E)">substation equipment;</subsection><subsection number="59-12-104(55)(a)(iii)(F)">lighting;</subsection><subsection number="59-12-104(55)(a)(iii)(G)">fencing;</subsection><subsection number="59-12-104(55)(a)(iii)(H)">pipes; or</subsection><subsection number="59-12-104(55)(a)(iii)(I)">other equipment used for locating a power line or pole; and</subsection></subsection></subsection><subsection number="59-12-104(55)(b)">this Subsection <xref depth="4" refnumber="59-12-104(55)">(55)</xref> does not apply to:<subsection number="59-12-104(55)(b)(i)">tangible personal property used in construction of:<subsection number="59-12-104(55)(b)(i)(A)">a new alternative energy electricity production facility; or</subsection><subsection number="59-12-104(55)(b)(i)(B)">the increase in the capacity of an alternative energy electricity production facility;</subsection></subsection><subsection number="59-12-104(55)(b)(ii)">contracted services required for construction and routine maintenance activities; and</subsection><subsection number="59-12-104(55)(b)(iii)">unless the tangible personal property is used or acquired for an increase in capacity of the facility described in Subsection <xref depth="4" refnumber="59-12-104(55)(a)(i)(c)(ii)">(55)(a)(i)(C)(II)</xref>, tangible personal property used or acquired after:<subsection number="59-12-104(55)(b)(iii)(A)">the alternative energy electricity production facility described in Subsection <xref depth="4" refnumber="59-12-104(55)(a)(i)">(55)(a)(i)</xref> is operational as described in Subsection <xref depth="4" refnumber="59-12-104(55)(a)(iii)">(55)(a)(iii)</xref>; or</subsection><subsection number="59-12-104(55)(b)(iii)(B)">the increased capacity described in Subsection <xref depth="4" refnumber="59-12-104(55)(a)(i)">(55)(a)(i)</xref> is operational as described in Subsection <xref depth="4" refnumber="59-12-104(55)(a)(iii)">(55)(a)(iii)</xref>;</subsection></subsection></subsection></subsection><subsection number="59-12-104(56)"><subsection number="59-12-104(56)(a)">leases of seven or more years or purchases made on or after July 1, 2004, but on or before June 30, 2027, of tangible personal property that:<subsection number="59-12-104(56)(a)(i)">is leased or purchased for or by a facility that:<subsection number="59-12-104(56)(a)(i)(A)">is a waste energy production facility;</subsection><subsection number="59-12-104(56)(a)(i)(B)">is located in the state; and</subsection><subsection number="59-12-104(56)(a)(i)(C)"><subsection number="59-12-104(56)(a)(i)(C)(I)">becomes operational on or after July 1, 2004; or</subsection><subsection number="59-12-104(56)(a)(i)(C)(II)">has its generation capacity increased by one or more megawatts on or after July 1, 2004, as a result of the use of the tangible personal property;</subsection></subsection></subsection><subsection number="59-12-104(56)(a)(ii)">has an economic life of five or more years; and</subsection><subsection number="59-12-104(56)(a)(iii)">is used to make the facility or the increase in capacity of the facility described in Subsection <xref depth="4" refnumber="59-12-104(56)(a)(i)">(56)(a)(i)</xref> operational up to the point of interconnection with an existing transmission grid including:<subsection number="59-12-104(56)(a)(iii)(A)">generating equipment;</subsection><subsection number="59-12-104(56)(a)(iii)(B)">a control and monitoring system;</subsection><subsection number="59-12-104(56)(a)(iii)(C)">a power line;</subsection><subsection number="59-12-104(56)(a)(iii)(D)">substation equipment;</subsection><subsection number="59-12-104(56)(a)(iii)(E)">lighting;</subsection><subsection number="59-12-104(56)(a)(iii)(F)">fencing;</subsection><subsection number="59-12-104(56)(a)(iii)(G)">pipes; or</subsection><subsection number="59-12-104(56)(a)(iii)(H)">other equipment used for locating a power line or pole; and</subsection></subsection></subsection><subsection number="59-12-104(56)(b)">this Subsection <xref depth="4" refnumber="59-12-104(56)">(56)</xref> does not apply to:<subsection number="59-12-104(56)(b)(i)">tangible personal property used in construction of:<subsection number="59-12-104(56)(b)(i)(A)">a new waste energy facility; or</subsection><subsection number="59-12-104(56)(b)(i)(B)">the increase in the capacity of a waste energy facility;</subsection></subsection><subsection number="59-12-104(56)(b)(ii)">contracted services required for construction and routine maintenance activities; and</subsection><subsection number="59-12-104(56)(b)(iii)">unless the tangible personal property is used or acquired for an increase in capacity described in Subsection <xref depth="4" refnumber="59-12-104(56)(a)(i)(c)(ii)">(56)(a)(i)(C)(II)</xref>, tangible personal property used or acquired after:<subsection number="59-12-104(56)(b)(iii)(A)">the waste energy facility described in Subsection <xref depth="4" refnumber="59-12-104(56)(a)(i)">(56)(a)(i)</xref> is operational as described in Subsection <xref depth="4" refnumber="59-12-104(56)(a)(iii)">(56)(a)(iii)</xref>; or</subsection><subsection number="59-12-104(56)(b)(iii)(B)">the increased capacity described in Subsection <xref depth="4" refnumber="59-12-104(56)(a)(i)">(56)(a)(i)</xref> is operational as described in Subsection <xref depth="4" refnumber="59-12-104(56)(a)(iii)">(56)(a)(iii)</xref>;</subsection></subsection></subsection></subsection><subsection number="59-12-104(57)"><subsection number="59-12-104(57)(a)">leases of five or more years or purchases made on or after July 1, 2004, but on or before June 30, 2027, of tangible personal property that:<subsection number="59-12-104(57)(a)(i)">is leased or purchased for or by a facility that:<subsection number="59-12-104(57)(a)(i)(A)">is located in the state;</subsection><subsection number="59-12-104(57)(a)(i)(B)">produces fuel from alternative energy, including:<subsection number="59-12-104(57)(a)(i)(B)(I)">methanol; or</subsection><subsection number="59-12-104(57)(a)(i)(B)(II)">ethanol; and</subsection></subsection><subsection number="59-12-104(57)(a)(i)(C)"><subsection number="59-12-104(57)(a)(i)(C)(I)">becomes operational on or after July 1, 2004; or</subsection><subsection number="59-12-104(57)(a)(i)(C)(II)">has its capacity to produce fuel increase by 25% or more on or after July 1, 2004, as a result of the installation of the tangible personal property;</subsection></subsection></subsection><subsection number="59-12-104(57)(a)(ii)">has an economic life of five or more years; and</subsection><subsection number="59-12-104(57)(a)(iii)">is installed on the facility described in Subsection <xref depth="4" refnumber="59-12-104(57)(a)(i)">(57)(a)(i)</xref>;</subsection></subsection><subsection number="59-12-104(57)(b)">this Subsection <xref depth="4" refnumber="59-12-104(57)">(57)</xref> does not apply to:<subsection number="59-12-104(57)(b)(i)">tangible personal property used in construction of:<subsection number="59-12-104(57)(b)(i)(A)">a new facility described in Subsection <xref depth="4" refnumber="59-12-104(57)(a)(i)">(57)(a)(i)</xref>; or</subsection><subsection number="59-12-104(57)(b)(i)(B)">the increase in capacity of the facility described in Subsection <xref depth="4" refnumber="59-12-104(57)(a)(i)">(57)(a)(i)</xref>;</subsection></subsection><subsection number="59-12-104(57)(b)(ii)">contracted services required for construction and routine maintenance activities; and</subsection><subsection number="59-12-104(57)(b)(iii)">unless the tangible personal property is used or acquired for an increase in capacity described in Subsection <xref depth="4" refnumber="59-12-104(57)(a)(i)(c)(ii)">(57)(a)(i)(C)(II)</xref>, tangible personal property used or acquired after:<subsection number="59-12-104(57)(b)(iii)(A)">the facility described in Subsection <xref depth="4" refnumber="59-12-104(57)(a)(i)">(57)(a)(i)</xref> is operational; or</subsection><subsection number="59-12-104(57)(b)(iii)(B)">the increased capacity described in Subsection <xref depth="4" refnumber="59-12-104(57)(a)(i)">(57)(a)(i)</xref> is operational;</subsection></subsection></subsection></subsection><subsection number="59-12-104(58)"><subsection number="59-12-104(58)(a)">subject to Subsection <xref depth="4" refnumber="59-12-104(58)(b)">(58)(b)</xref>, sales of tangible personal property or a product transferred electronically to a person within this state if that tangible personal property or product transferred electronically is subsequently shipped outside the state and incorporated pursuant to contract into and becomes a part of real property located outside of this state; and</subsection><subsection number="59-12-104(58)(b)">the exemption under Subsection <xref depth="4" refnumber="59-12-104(58)(a)">(58)(a)</xref> is not allowed to the extent that the other state or political entity to which the tangible personal property is shipped imposes a sales, use, gross receipts, or other similar transaction excise tax on the transaction against which the other state or political entity allows a credit for sales and use taxes imposed by this chapter;</subsection></subsection><subsection number="59-12-104(59)">purchases:<subsection number="59-12-104(59)(a)">of one or more of the following items in printed or electronic format:<subsection number="59-12-104(59)(a)(i)">a list containing information that includes one or more:<subsection number="59-12-104(59)(a)(i)(A)">names; or</subsection><subsection number="59-12-104(59)(a)(i)(B)">addresses; or</subsection></subsection><subsection number="59-12-104(59)(a)(ii)">a database containing information that includes one or more:<subsection number="59-12-104(59)(a)(ii)(A)">names; or</subsection><subsection number="59-12-104(59)(a)(ii)(B)">addresses; and</subsection></subsection></subsection><subsection number="59-12-104(59)(b)">used to send direct mail;</subsection></subsection><subsection number="59-12-104(60)">redemptions or repurchases of a product by a person if that product was:<subsection number="59-12-104(60)(a)">delivered to a pawnbroker as part of a pawn transaction; and</subsection><subsection number="59-12-104(60)(b)">redeemed or repurchased within the time period established in a written agreement between the person and the pawnbroker for redeeming or repurchasing the product;</subsection></subsection><subsection number="59-12-104(61)"><subsection number="59-12-104(61)(a)">purchases or leases of an item described in Subsection <xref depth="4" refnumber="59-12-104(61)(b)">(61)(b)</xref> if the item:<subsection number="59-12-104(61)(a)(i)">is purchased or leased by, or on behalf of, a telecommunications service provider; and</subsection><subsection number="59-12-104(61)(a)(ii)">has a useful economic life of one or more years; and</subsection></subsection><subsection number="59-12-104(61)(b)">the following apply to Subsection <xref depth="4" refnumber="59-12-104(61)(a)">(61)(a)</xref>:<subsection number="59-12-104(61)(b)(i)">telecommunications enabling or facilitating equipment, machinery, or software;</subsection><subsection number="59-12-104(61)(b)(ii)">telecommunications equipment, machinery, or software required for 911 service;</subsection><subsection number="59-12-104(61)(b)(iii)">telecommunications maintenance or repair equipment, machinery, or software;</subsection><subsection number="59-12-104(61)(b)(iv)">telecommunications switching or routing equipment, machinery, or software; or</subsection><subsection number="59-12-104(61)(b)(v)">telecommunications transmission equipment, machinery, or software;</subsection></subsection></subsection><subsection number="59-12-104(62)"><subsection number="59-12-104(62)(a)">beginning on July 1, 2006, and ending on June 30, 2027, purchases of tangible personal property or a product transferred electronically that are used in the research and development of alternative energy technology; and</subsection><subsection number="59-12-104(62)(b)">in accordance with Title <xref depth="1" refnumber="63G-3">63G, Chapter 3</xref>, Utah Administrative Rulemaking Act, the commission may, for purposes of Subsection <xref depth="4" refnumber="59-12-104(62)(a)">(62)(a)</xref>, make rules defining what constitutes purchases of tangible personal property or a product transferred electronically that are used in the research and development of alternative energy technology;</subsection></subsection><subsection number="59-12-104(63)"><subsection number="59-12-104(63)(a)">purchases of tangible personal property or a product transferred electronically if:<subsection number="59-12-104(63)(a)(i)">the tangible personal property or product transferred electronically is:<subsection number="59-12-104(63)(a)(i)(A)">purchased outside of this state;</subsection><subsection number="59-12-104(63)(a)(i)(B)">brought into this state at any time after the purchase described in Subsection <xref depth="4" refnumber="59-12-104(63)(a)(i)(a)">(63)(a)(i)(A)</xref>; and</subsection><subsection number="59-12-104(63)(a)(i)(C)">used in conducting business in this state; and</subsection></subsection><subsection number="59-12-104(63)(a)(ii)">for:<subsection number="59-12-104(63)(a)(ii)(A)">tangible personal property or a product transferred electronically other than the tangible personal property described in Subsection <xref depth="4" refnumber="59-12-104(63)(a)(ii)(b)">(63)(a)(ii)(B)</xref>, the first use of the property for a purpose for which the property is designed occurs outside of this state; or</subsection><subsection number="59-12-104(63)(a)(ii)(B)">a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered outside of this state and not required to be registered in this state under Section <xref depth="3" refnumber="41-1a-202">41-1a-202</xref> or <xref depth="3" refnumber="73-18-9">73-18-9</xref> based on residency;</subsection></subsection></subsection><subsection number="59-12-104(63)(b)">the exemption provided for in Subsection <xref depth="4" refnumber="59-12-104(63)(a)">(63)(a)</xref> does not apply to:<subsection number="59-12-104(63)(b)(i)">a lease or rental of tangible personal property or a product transferred electronically; or</subsection><subsection number="59-12-104(63)(b)(ii)">a sale of a vehicle exempt under Subsection <xref depth="4" refnumber="59-12-104(33)">(33)</xref>; and</subsection></subsection><subsection number="59-12-104(63)(c)">in accordance with Title <xref depth="1" refnumber="63G-3">63G, Chapter 3</xref>, Utah Administrative Rulemaking Act, for purposes of Subsection <xref depth="4" refnumber="59-12-104(63)(a)">(63)(a)</xref>, the commission may by rule define what constitutes the following:<subsection number="59-12-104(63)(c)(i)">conducting business in this state if that phrase has the same meaning in this Subsection <xref depth="4" refnumber="59-12-104(63)">(63)</xref> as in Subsection <xref depth="4" refnumber="59-12-104(24)">(24)</xref>;</subsection><subsection number="59-12-104(63)(c)(ii)">the first use of tangible personal property or a product transferred electronically if that phrase has the same meaning in this Subsection <xref depth="4" refnumber="59-12-104(63)">(63)</xref> as in Subsection <xref depth="4" refnumber="59-12-104(24)">(24)</xref>; or</subsection><subsection number="59-12-104(63)(c)(iii)">a purpose for which tangible personal property or a product transferred electronically is designed if that phrase has the same meaning in this Subsection <xref depth="4" refnumber="59-12-104(63)">(63)</xref> as in Subsection <xref depth="4" refnumber="59-12-104(24)">(24)</xref>;</subsection></subsection></subsection><subsection number="59-12-104(64)">sales of disposable home medical equipment or supplies if:<subsection number="59-12-104(64)(a)">a person presents a prescription for the disposable home medical equipment or supplies;</subsection><subsection number="59-12-104(64)(b)">the disposable home medical equipment or supplies are used exclusively by the person to whom the prescription described in Subsection <xref depth="4" refnumber="59-12-104(64)(a)">(64)(a)</xref> is issued; and</subsection><subsection number="59-12-104(64)(c)">the disposable home medical equipment and supplies are listed as eligible for payment under:<subsection number="59-12-104(64)(c)(i)">Title XVIII, federal Social Security Act; or</subsection><subsection number="59-12-104(64)(c)(ii)">the state plan for medical assistance under Title XIX, federal Social Security Act;</subsection></subsection></subsection><subsection number="59-12-104(65)">sales:<subsection number="59-12-104(65)(a)">to a public transit district under Title <xref depth="2" refnumber="17B-2a-8">17B, Chapter 2a, Part 8</xref>, Public Transit District Act; or</subsection><subsection number="59-12-104(65)(b)">of tangible personal property to a subcontractor of a public transit district, if the tangible personal property is:<subsection number="59-12-104(65)(b)(i)">clearly identified; and</subsection><subsection number="59-12-104(65)(b)(ii)">installed or converted to real property owned by the public transit district;</subsection></subsection></subsection><subsection number="59-12-104(66)">sales of construction materials:<subsection number="59-12-104(66)(a)">purchased on or after July 1, 2010;</subsection><subsection number="59-12-104(66)(b)">purchased by, on behalf of, or for the benefit of an international airport:<subsection number="59-12-104(66)(b)(i)">located within a county of the first class; and</subsection><subsection number="59-12-104(66)(b)(ii)">that has a United States customs office on its premises; and</subsection></subsection><subsection number="59-12-104(66)(c)">if the construction materials are:<subsection number="59-12-104(66)(c)(i)">clearly identified;</subsection><subsection number="59-12-104(66)(c)(ii)">segregated; and</subsection><subsection number="59-12-104(66)(c)(iii)">installed or converted to real property:<subsection number="59-12-104(66)(c)(iii)(A)">owned or operated by the international airport described in Subsection <xref depth="4" refnumber="59-12-104(66)(b)">(66)(b)</xref>; and</subsection><subsection number="59-12-104(66)(c)(iii)(B)">located at the international airport described in Subsection <xref depth="4" refnumber="59-12-104(66)(b)">(66)(b)</xref>;</subsection></subsection></subsection></subsection><subsection number="59-12-104(67)">sales of construction materials:<subsection number="59-12-104(67)(a)">purchased on or after July 1, 2008;</subsection><subsection number="59-12-104(67)(b)">purchased by, on behalf of, or for the benefit of a new airport:<subsection number="59-12-104(67)(b)(i)">located within a county of the second or third class, as classified in Section <xref depth="3" refnumber="17-60-104">17-60-104</xref>; and</subsection><subsection number="59-12-104(67)(b)(ii)">that is owned or operated by a city in which an airline as defined in Section <xref depth="3" refnumber="59-2-102">59-2-102</xref> is headquartered; and</subsection></subsection><subsection number="59-12-104(67)(c)">if the construction materials are:<subsection number="59-12-104(67)(c)(i)">clearly identified;</subsection><subsection number="59-12-104(67)(c)(ii)">segregated; and</subsection><subsection number="59-12-104(67)(c)(iii)">installed or converted to real property:<subsection number="59-12-104(67)(c)(iii)(A)">owned or operated by the new airport described in Subsection <xref depth="4" refnumber="59-12-104(67)(b)">(67)(b)</xref>;</subsection><subsection number="59-12-104(67)(c)(iii)(B)">located at the new airport described in Subsection <xref depth="4" refnumber="59-12-104(67)(b)">(67)(b)</xref>; and</subsection><subsection number="59-12-104(67)(c)(iii)(C)">as part of the construction of the new airport described in Subsection <xref depth="4" refnumber="59-12-104(67)(b)">(67)(b)</xref>;</subsection></subsection></subsection></subsection><subsection number="59-12-104(68)">except for the tax imposed by Subsection <xref depth="4" refnumber="59-12-103(2)(d)">59-12-103(2)(d)</xref>, sales of fuel to a common carrier that is a railroad for use in a locomotive engine;</subsection><subsection number="59-12-104(69)">purchases and sales described in Section <xref depth="3" refnumber="63H-4-111">63H-4-111</xref>;</subsection><subsection number="59-12-104(70)"><subsection number="59-12-104(70)(a)">sales of tangible personal property to an aircraft maintenance, repair, and overhaul provider for use in the maintenance, repair, overhaul, or refurbishment in this state of a fixed wing turbine powered aircraft if that fixed wing turbine powered aircraft's registration lists a state or country other than this state as the location of registry of the fixed wing turbine powered aircraft; or</subsection><subsection number="59-12-104(70)(b)">sales of tangible personal property by an aircraft maintenance, repair, and overhaul provider in connection with the maintenance, repair, overhaul, or refurbishment in this state of a fixed wing turbine powered aircraft if that fixed wing turbine powered aircraft's registration lists a state or country other than this state as the location of registry of the fixed wing turbine powered aircraft;</subsection></subsection><subsection number="59-12-104(71)">subject to Section <xref depth="3" refnumber="59-12-104.4">59-12-104.4</xref>, sales of a textbook for a higher education course:<subsection number="59-12-104(71)(a)">to a person admitted to an institution of higher education; and</subsection><subsection number="59-12-104(71)(b)">by a seller, other than a bookstore owned by an institution of higher education, if 51% or more of that seller's sales revenue for the previous calendar quarter are sales of a textbook for a higher education course;</subsection></subsection><subsection number="59-12-104(72)">a license fee or tax a municipality imposes in accordance with Subsection <xref depth="4" refnumber="10-1-203(5)">10-1-203(5)</xref> on a purchaser from a business for which the municipality provides an enhanced level of municipal services;</subsection><subsection number="59-12-104(73)">amounts paid or charged for construction materials used in the construction of a new or expanding life science research and development facility in the state, if the construction materials are:<subsection number="59-12-104(73)(a)">clearly identified;</subsection><subsection number="59-12-104(73)(b)">segregated; and</subsection><subsection number="59-12-104(73)(c)">installed or converted to real property;</subsection></subsection><subsection number="59-12-104(74)">amounts paid or charged for:<subsection number="59-12-104(74)(a)">a purchase or lease of machinery and equipment that:<subsection number="59-12-104(74)(a)(i)">are used in performing qualified research:<subsection number="59-12-104(74)(a)(i)(A)">as defined in Section 41(d), Internal Revenue Code; and</subsection><subsection number="59-12-104(74)(a)(i)(B)">in the state; and</subsection></subsection><subsection number="59-12-104(74)(a)(ii)">have an economic life of three or more years; and</subsection></subsection><subsection number="59-12-104(74)(b)">normal operating repair or replacement parts:<subsection number="59-12-104(74)(b)(i)">for the machinery and equipment described in Subsection <xref depth="4" refnumber="59-12-104(74)(a)">(74)(a)</xref>; and</subsection><subsection number="59-12-104(74)(b)(ii)">that have an economic life of three or more years;</subsection></subsection></subsection><subsection number="59-12-104(75)">a sale or lease of tangible personal property used in the preparation of prepared food if:<subsection number="59-12-104(75)(a)">for a sale:<subsection number="59-12-104(75)(a)(i)">the ownership of the seller and the ownership of the purchaser are identical; and</subsection><subsection number="59-12-104(75)(a)(ii)">the seller or the purchaser paid a tax under this chapter on the purchase of that tangible personal property prior to making the sale; or</subsection></subsection><subsection number="59-12-104(75)(b)">for a lease:<subsection number="59-12-104(75)(b)(i)">the ownership of the lessor and the ownership of the lessee are identical; and</subsection><subsection number="59-12-104(75)(b)(ii)">the lessor or the lessee paid a tax under this chapter on the purchase of that tangible personal property prior to making the lease;</subsection></subsection></subsection><subsection number="59-12-104(76)"><subsection number="59-12-104(76)(a)">purchases of machinery or equipment if:<subsection number="59-12-104(76)(a)(i)">the purchaser is an establishment described in NAICS Subsector 713, Amusement, Gambling, and Recreation Industries, of the 2012 North American Industry Classification System of the federal Executive Office of the President, Office of Management and Budget;</subsection><subsection number="59-12-104(76)(a)(ii)">the machinery or equipment:<subsection number="59-12-104(76)(a)(ii)(A)">has an economic life of three or more years; and</subsection><subsection number="59-12-104(76)(a)(ii)(B)">is used by one or more persons who pay admission or user fees described in Subsection <xref depth="4" refnumber="59-12-103(1)(f)">59-12-103(1)(f)</xref> to the purchaser of the machinery and equipment; and</subsection></subsection><subsection number="59-12-104(76)(a)(iii)">51% or more of the purchaser's sales revenue for the previous calendar quarter is:<subsection number="59-12-104(76)(a)(iii)(A)">amounts paid or charged as admission or user fees described in Subsection <xref depth="4" refnumber="59-12-103(1)(f)">59-12-103(1)(f)</xref>; and</subsection><subsection number="59-12-104(76)(a)(iii)(B)">subject to taxation under this chapter; and</subsection></subsection></subsection><subsection number="59-12-104(76)(b)">in accordance with Title <xref depth="1" refnumber="63G-3">63G, Chapter 3</xref>, Utah Administrative Rulemaking Act, the commission may make rules for verifying that 51% of a purchaser's sales revenue for the previous calendar quarter is:<subsection number="59-12-104(76)(b)(i)">amounts paid or charged as admission or user fees described in Subsection <xref depth="4" refnumber="59-12-103(1)(f)">59-12-103(1)(f)</xref>; and</subsection><subsection number="59-12-104(76)(b)(ii)">subject to taxation under this chapter;</subsection></subsection></subsection><subsection number="59-12-104(77)">purchases of a short-term lodging consumable by a business that provides accommodations and services described in Subsection <xref depth="4" refnumber="59-12-103(1)(i)">59-12-103(1)(i)</xref>;</subsection><subsection number="59-12-104(78)">amounts paid or charged to access a database:<subsection number="59-12-104(78)(a)">if the primary purpose for accessing the database is to view or retrieve information from the database; and</subsection><subsection number="59-12-104(78)(b)">not including amounts paid or charged for a:<subsection number="59-12-104(78)(b)(i)">digital audio work;</subsection><subsection number="59-12-104(78)(b)(ii)">digital audio-visual work; or</subsection><subsection number="59-12-104(78)(b)(iii)">digital book;</subsection></subsection></subsection><subsection number="59-12-104(79)">amounts paid or charged for a purchase or lease made by an electronic financial payment service, of:<subsection number="59-12-104(79)(a)">machinery and equipment that:<subsection number="59-12-104(79)(a)(i)">are used in the operation of the electronic financial payment service; and</subsection><subsection number="59-12-104(79)(a)(ii)">have an economic life of three or more years; and</subsection></subsection><subsection number="59-12-104(79)(b)">normal operating repair or replacement parts that:<subsection number="59-12-104(79)(b)(i)">are used in the operation of the electronic financial payment service; and</subsection><subsection number="59-12-104(79)(b)(ii)">have an economic life of three or more years;</subsection></subsection></subsection><subsection number="59-12-104(80)">sales of a fuel cell as defined in Section <xref depth="3" refnumber="54-15-102">54-15-102</xref>;</subsection><subsection number="59-12-104(81)">amounts paid or charged for a purchase or lease of tangible personal property or a product transferred electronically if the tangible personal property or product transferred electronically:<subsection number="59-12-104(81)(a)">is stored, used, or consumed in the state; and</subsection><subsection number="59-12-104(81)(b)">is temporarily brought into the state from another state:<subsection number="59-12-104(81)(b)(i)">during a disaster period as defined in Section <xref depth="3" refnumber="53-2a-1202">53-2a-1202</xref>;</subsection><subsection number="59-12-104(81)(b)(ii)">by an out-of-state business as defined in Section <xref depth="3" refnumber="53-2a-1202">53-2a-1202</xref>;</subsection><subsection number="59-12-104(81)(b)(iii)">for a declared state disaster or emergency as defined in Section <xref depth="3" refnumber="53-2a-1202">53-2a-1202</xref>; and</subsection><subsection number="59-12-104(81)(b)(iv)">for disaster- or emergency-related work as defined in Section <xref depth="3" refnumber="53-2a-1202">53-2a-1202</xref>;</subsection></subsection></subsection><subsection number="59-12-104(82)">sales of goods and services at a morale, welfare, and recreation facility, as defined in Section <xref depth="3" refnumber="39A-7-102">39A-7-102</xref>, made pursuant to Title <xref depth="1" refnumber="39A-7">39A, Chapter 7</xref>, Morale, Welfare, and Recreation Program;</subsection><subsection number="59-12-104(83)">amounts paid or charged for a purchase or lease of molten magnesium;</subsection><subsection number="59-12-104(84)">amounts paid or charged for a purchase or lease made by a qualifying data center or an occupant of a qualifying data center of machinery, equipment, or normal operating repair or replacement parts, if the machinery, equipment, or normal operating repair or replacement parts:<subsection number="59-12-104(84)(a)">are used in:<subsection number="59-12-104(84)(a)(i)">the operation of the qualifying data center; or</subsection><subsection number="59-12-104(84)(a)(ii)">the occupant's operations in the qualifying data center; and</subsection></subsection><subsection number="59-12-104(84)(b)">have an economic life of one or more years;</subsection></subsection><subsection number="59-12-104(85)">sales of cleaning or washing of a vehicle, except for cleaning or washing of a vehicle that includes cleaning or washing of the interior of the vehicle;</subsection><subsection number="59-12-104(86)">amounts paid or charged for a purchase or lease of machinery, equipment, normal operating repair or replacement parts, catalysts, chemicals, reagents, solutions, or supplies used or consumed:<subsection number="59-12-104(86)(a)">by a refiner who owns, leases, operates, controls, or supervises a refinery as defined in Section <xref depth="3" refnumber="79-6-701">79-6-701</xref> located in the state;</subsection><subsection number="59-12-104(86)(b)">if the machinery, equipment, normal operating repair or replacement parts, catalysts, chemicals, reagents, solutions, or supplies are used or consumed in:<subsection number="59-12-104(86)(b)(i)">the production process to produce gasoline or diesel fuel, or at which blendstock is added to gasoline or diesel fuel;</subsection><subsection number="59-12-104(86)(b)(ii)">research and development;</subsection><subsection number="59-12-104(86)(b)(iii)">transporting, storing, or managing raw materials, work in process, finished products, and waste materials produced from refining gasoline or diesel fuel, or adding blendstock to gasoline or diesel fuel;</subsection><subsection number="59-12-104(86)(b)(iv)">developing or maintaining a road, tunnel, excavation, or similar feature used in refining; or</subsection><subsection number="59-12-104(86)(b)(v)">preventing, controlling, or reducing pollutants from refining; and</subsection></subsection><subsection number="59-12-104(86)(c)">if the person holds a valid refiner tax exemption certification as defined in Section <xref depth="3" refnumber="79-6-701">79-6-701</xref>;</subsection></subsection><subsection number="59-12-104(87)">amounts paid to or charged by a proprietor for accommodations and services, as defined in Section <xref depth="3" refnumber="63H-1-205">63H-1-205</xref>, if the proprietor is subject to the MIDA accommodations tax imposed under Section <xref depth="3" refnumber="63H-1-205">63H-1-205</xref>;</subsection><subsection number="59-12-104(88)">amounts paid or charged for a purchase or lease of machinery, equipment, normal operating repair or replacement parts, or materials, except for office equipment or office supplies, by an establishment, as the commission defines that term in accordance with Title <xref depth="1" refnumber="63G-3">63G, Chapter 3</xref>, Utah Administrative Rulemaking Act, that:<subsection number="59-12-104(88)(a)">is described in NAICS Code 621511, Medical Laboratories, of the 2017 North American Industry Classification System of the federal Executive Office of the President, Office of Management and Budget;</subsection><subsection number="59-12-104(88)(b)">is located in this state; and</subsection><subsection number="59-12-104(88)(c)">uses the machinery, equipment, normal operating repair or replacement parts, or materials in the operation of the establishment;</subsection></subsection><subsection number="59-12-104(89)">amounts paid or charged for an item exempt under Section <xref depth="3" refnumber="59-12-104.10">59-12-104.10</xref>;</subsection><subsection number="59-12-104(90)">sales of a note, leaf, foil, or film, if the item:<subsection number="59-12-104(90)(a)">is used as currency;</subsection><subsection number="59-12-104(90)(b)">does not constitute legal tender of a state, the United States, or a foreign nation; and</subsection><subsection number="59-12-104(90)(c)">has a gold, silver, or platinum metallic content of 50% or more, exclusive of any transparent polymer holder, coating, or encasement;</subsection></subsection><subsection number="59-12-104(91)">amounts paid or charged for admission to an indoor skydiving, rock climbing, or surfing facility, if a trained instructor:<subsection number="59-12-104(91)(a)">is present with the participant, in person or by video, for the duration of the activity; and</subsection><subsection number="59-12-104(91)(b)">actively instructs the participant, including providing observation or feedback;</subsection></subsection><subsection number="59-12-104(92)">amounts paid or charged in connection with the construction, operation, maintenance, repair, or replacement of facilities owned by or constructed for:<subsection number="59-12-104(92)(a)">a distribution electrical cooperative, as defined in Section <xref depth="3" refnumber="54-2-1">54-2-1</xref>; or</subsection><subsection number="59-12-104(92)(b)">a wholesale electrical cooperative, as defined in Section <xref depth="3" refnumber="54-2-1">54-2-1</xref>;</subsection></subsection><subsection number="59-12-104(93)">amounts paid by the service provider for tangible personal property, other than machinery, equipment, parts, office supplies, electricity, gas, heat, steam, or other fuels, that:<subsection number="59-12-104(93)(a)">is consumed in the performance of a service that is subject to tax under Subsection <xref depth="4" refnumber="59-12-103(1)(b)">59-12-103(1)(b)</xref>, (f), (g), (h), (i), or (j);</subsection><subsection number="59-12-104(93)(b)">has to be consumed for the service provider to provide the service described in Subsection <xref depth="4" refnumber="59-12-104(93)(a)">(93)(a)</xref>; and</subsection><subsection number="59-12-104(93)(c)">will be consumed in the performance of the service described in Subsection <xref depth="4" refnumber="59-12-104(93)(a)">(93)(a)</xref>, to one or more customers, to the point that the tangible personal property disappears or cannot be used for any other purpose;</subsection></subsection><subsection number="59-12-104(94)">sales of rail rolling stock manufactured in Utah; </subsection><subsection number="59-12-104(95)">amounts paid or charged for sales of sand, gravel, rock aggregate, cement products, or construction materials between establishments, as the commission defines that term in accordance with Title <xref depth="1" refnumber="63G-3">63G, Chapter 3</xref>, Utah Administrative Rulemaking Act, if:<subsection number="59-12-104(95)(a)">the establishments are related directly or indirectly through 100% common ownership or control; and</subsection><subsection number="59-12-104(95)(b)">each establishment is described in one of the following subsectors of the 2022 North American Industry Classification System of the federal Executive Office of the President, Office of Management and Budget:<subsection number="59-12-104(95)(b)(i)">NAICS Subsector 237, Heavy and Civil Engineering Construction; or</subsection><subsection number="59-12-104(95)(b)(ii)">NAICS Subsector 327, Nonmetallic Mineral Product Manufacturing;</subsection></subsection></subsection><subsection number="59-12-104(96)">sales of construction materials used for the construction of a qualified stadium, as defined in Section <xref depth="3" refnumber="11-70-101">11-70-101</xref>;</subsection><subsection number="59-12-104(97)">amounts paid or charged for sales of a cannabinoid product as that term is defined in Section <xref depth="3" refnumber="4-41-102">4-41-102</xref>;</subsection><subsection number="59-12-104(98)">amounts paid or charged by an operator of a qualifying energy storage manufacturing facility for:<subsection number="59-12-104(98)(a)">a purchase of tangible personal property if the tangible personal property is incorporated into equipment or a device that stores and discharges energy at the qualifying energy storage manufacturing facility; and</subsection><subsection number="59-12-104(98)(b)">a purchase or lease of machinery, equipment, or normal operating repair or replacement parts if the machinery, equipment, or normal operating repair or replacement parts are used exclusively in the operation of the qualifying energy storage manufacturing facility;</subsection></subsection><subsection number="59-12-104(99)">amounts paid or charged for sales of adaptive driving equipment if the adaptive driving equipment is not yet installed in a motor vehicle;</subsection><subsection number="59-12-104(100)">amounts paid or charged for sales of adaptive driving equipment if the adaptive driving equipment is installed in a motor vehicle by a previous owner and the requirements of Section <xref depth="3" refnumber="59-12-104.11">59-12-104.11</xref> are met; and</subsection><subsection number="59-12-104(101)">sales of construction materials used for the construction, remodeling, or refurbishing of a major sporting event venue, as defined in Section <xref depth="3" refnumber="63N-3-1701">63N-3-1701</xref>, within an approved major sporting event venue zone.</subsection></section>