1     
SPECIAL EVENTS SALES TAX OBLIGATIONS

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jacob L. Anderegg

5     
House Sponsor: A. Cory Maloy

6     

7     LONG TITLE
8     General Description:
9          This bill modifies sales and use tax license provisions.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines "special event";
13          ▸     provides that a person that is exempt from collecting sales and use tax is not
14     required to have a sales and use tax license if the person is selling items at a special
15     event;
16          ▸     requires a notice on an application for a temporary sales tax license and special
17     event sales tax return that a person not regularly engaged in selling items or that
18     sells exempt items is not required to complete the form or to collect sales and use
19     tax;
20          ▸     provides the requirements for the notice; and
21          ▸     makes technical changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          This bill provides a special effective date.
26     Utah Code Sections Affected:
27     AMENDS:
28          59-12-106, as last amended by Laws of Utah 2011, Chapter 285
29     


30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 59-12-106 is amended to read:
32          59-12-106. Definitions -- Sales and use tax license requirements -- Penalty --
33     Application process and requirements -- No fee -- Bonds -- Presumption of taxability --
34     Exemption certificates -- Exemption certificate license number to accompany contract
35     bids.
36          (1) As used in this section:
37          (a) ["applicant"] "Applicant" means a person that:
38          (i) is required by this section to obtain a license; and
39          (ii) submits an application:
40          (A) to the commission; and
41          (B) for a license under this section[;].
42          (b) ["application"] "Application" means an application for a license under this
43     section[;].
44          (c) ["fiduciary] "Fiduciary of the applicant" means a person that:
45          (i) is required to collect, truthfully account for, and pay over a tax under this chapter
46     for an applicant; and
47          (ii) (A) is a corporate officer of the applicant described in Subsection (1)(c)(i);
48          (B) is a director of the applicant described in Subsection (1)(c)(i);
49          (C) is an employee of the applicant described in Subsection (1)(c)(i);
50          (D) is a partner of the applicant described in Subsection (1)(c)(i);
51          (E) is a trustee of the applicant described in Subsection (1)(c)(i); or
52          (F) has a relationship to the applicant described in Subsection (1)(c)(i) that is similar to
53     a relationship described in Subsections (1)(c)(ii)(A) through (E) as determined by the
54     commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
55     Rulemaking Act[;].
56          (d) ["fiduciary] "Fiduciary of the licensee" means a person that:
57          (i) is required to collect, truthfully account for, and pay over a tax under this chapter

58     for a licensee; and
59          (ii) (A) is a corporate officer of the licensee described in Subsection (1)(d)(i);
60          (B) is a director of the licensee described in Subsection (1)(d)(i);
61          (C) is an employee of the licensee described in Subsection (1)(d)(i);
62          (D) is a partner of the licensee described in Subsection (1)(d)(i);
63          (E) is a trustee of the licensee described in Subsection (1)(d)(i); or
64          (F) has a relationship to the licensee described in Subsection (1)(d)(i) that is similar to
65     a relationship described in Subsections (1)(d)(ii)(A) through (E) as determined by the
66     commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
67     Rulemaking Act[;].
68          (e) ["license"] "License" means a license under this section[; and].
69          (f) ["licensee"] "Licensee" means a person that is licensed under this section by the
70     commission.
71          (g) "Special event" means an event that lasts six months or less where taxable sales
72     occur.
73          (2) (a) It is unlawful for any person required to collect a tax under this chapter to
74     engage in business within the state without first having obtained a license to do so.
75          (b) The license described in Subsection (2)(a):
76          (i) shall be granted and issued by the commission;
77          (ii) is not assignable;
78          (iii) is valid only for the person in whose name the license is issued;
79          (iv) is valid until:
80          (A) the person described in Subsection (2)(b)(iii):
81          (I) ceases to do business; or
82          (II) changes that person's business address; or
83          (B) the license is revoked by the commission; and
84          (v) subject to Subsection (2)(d), shall be granted by the commission only upon an
85     application that:

86          (A) states the name and address of the applicant; and
87          (B) provides other information the commission may require.
88          (c) At the time an applicant makes an application under Subsection (2)(b)(v), the
89     commission shall notify the applicant of the responsibilities and liability of a business owner
90     successor under Section 59-12-112.
91          (d) The commission shall review an application and determine whether the applicant:
92          (i) meets the requirements of this section to be issued a license; and
93          (ii) is required to post a bond with the commission in accordance with Subsections
94     (2)(e) and (f) before the applicant may be issued a license.
95          (e) (i) An applicant shall post a bond with the commission before the commission may
96     issue the applicant a license if:
97          (A) a license under this section was revoked for a delinquency under this chapter for:
98          (I) the applicant;
99          (II) a fiduciary of the applicant; or
100          (III) a person for which the applicant or the fiduciary of the applicant is required to
101     collect, truthfully account for, and pay over a tax under this chapter; or
102          (B) there is a delinquency in paying a tax under this chapter for:
103          (I) the applicant;
104          (II) a fiduciary of the applicant; or
105          (III) a person for which the applicant or the fiduciary of the applicant is required to
106     collect, truthfully account for, and pay over a tax under this chapter.
107          (ii) If the commission determines it is necessary to ensure compliance with this
108     chapter, the commission may require a licensee to:
109          (A) for a licensee that has not posted a bond under this section with the commission,
110     post a bond with the commission in accordance with Subsection (2)(f); or
111          (B) for a licensee that has posted a bond under this section with the commission,
112     increase the amount of the bond posted with the commission.
113          (f) (i) A bond required by Subsection (2)(e) shall be:

114          (A) executed by:
115          (I) for an applicant, the applicant as principal, with a corporate surety; or
116          (II) for a licensee, the licensee as principal, with a corporate surety; and
117          (B) payable to the commission conditioned upon the faithful performance of all of the
118     requirements of this chapter including:
119          (I) the payment of any tax under this chapter;
120          (II) the payment of any:
121          (Aa) penalty as provided in Section 59-1-401; or
122          (Bb) interest as provided in Section 59-1-402; or
123          (III) any other obligation of the:
124          (Aa) applicant under this chapter; or
125          (Bb) licensee under this chapter.
126          (ii) Except as provided in Subsection (2)(f)(iv), the commission shall calculate the
127     amount of a bond required by Subsection (2)(e) on the basis of:
128          (A) commission estimates of:
129          (I) an applicant's tax liability under this chapter; or
130          (II) a licensee's tax liability under this chapter; and
131          (B) any amount of a delinquency described in Subsection (2)(f)(iii).
132          (iii) Except as provided in Subsection (2)(f)(iv), for purposes of Subsection
133     (2)(f)(ii)(B):
134          (A) for an applicant, the amount of the delinquency is the sum of:
135          (I) the amount of any delinquency that served as a basis for revoking the license under
136     this section of:
137          (Aa) the applicant;
138          (Bb) a fiduciary of the applicant; or
139          (Cc) a person for which the applicant or the fiduciary of the applicant is required to
140     collect, truthfully account for, and pay over a tax under this chapter; or
141          (II) the amount of tax that any of the following owe under this chapter:

142          (Aa) the applicant;
143          (Bb) a fiduciary of the applicant; and
144          (Cc) a person for which the applicant or the fiduciary of the applicant is required to
145     collect, truthfully account for, and pay over a tax under this chapter; or
146          (B) for a licensee, the amount of the delinquency is the sum of:
147          (I) the amount of any delinquency that served as a basis for revoking the license under
148     this section of:
149          (Aa) the licensee;
150          (Bb) a fiduciary of the licensee; or
151          (Cc) a person for which the licensee or the fiduciary of the licensee is required to
152     collect, truthfully account for, and pay over a tax under this chapter; or
153          (II) the amount of tax that any of the following owe under this chapter:
154          (Aa) the licensee;
155          (Bb) a fiduciary of the licensee; and
156          (Cc) a person for which the licensee or the fiduciary of the licensee is required to
157     collect, truthfully account for, and pay over a tax under this chapter.
158          (iv) Notwithstanding Subsection (2)(f)(ii) or (2)(f)(iii), a bond required by Subsection
159     (2)(e) may not:
160          (A) be less than $25,000; or
161          (B) exceed $500,000.
162          (g) [If] Subject to Subsection (2)(h), if business is transacted at two or more separate
163     places by one person, a separate license for each place of business is required.
164          (h) A license is not required for any person that is:
165          (i) engaged exclusively in the business of selling commodities that are exempt from
166     taxation under this chapter; or
167          (ii) exempt from collecting sales and use tax under Section 59-12-104 and the place of
168     business is a special event.
169          [(h)] (i) (i) The commission shall, on a reasonable notice and after a hearing, revoke

170     the license of any licensee violating any provisions of this chapter.
171          (ii) A license may not be issued to a licensee described in Subsection [(2)(h)(i)]
172     (2)(i)(i) until the licensee has complied with the requirements of this chapter, including:
173          (A) paying any:
174          (I) tax due under this chapter;
175          (II) penalty as provided in Section 59-1-401; or
176          (III) interest as provided in Section 59-1-402; and
177          (B) posting a bond in accordance with Subsections (2)(e) and (f).
178          [(i)] (j) Any person required to collect a tax under this chapter within this state without
179     having secured a license to do so is guilty of a criminal violation as provided in Section
180     59-1-401.
181          [(j) A license:]
182          [(i) is not required for any person engaged exclusively in the business of selling
183     commodities that are exempt from taxation under this chapter; and]
184          [(ii)] (k) A license shall be issued to the person by the commission without a license
185     fee.
186          (l) (i) The commission shall include on an application for a temporary sales tax license
187     and special event sales tax return the following statement:
188          "You are not required to complete or return this form or to collect sales and use tax if
189     you are not regularly engaged in the business of selling the items you are offering at this event
190     or all of the items that you are selling at this event are exempt from sales and use tax under
191     Section 59-12-104."
192          (ii) The notice described in Subsection (2)(l)(i) shall be in bold font no smaller than the
193     font of the main content and shall appear at the top of the application form.
194          (3) (a) For the purpose of the proper administration of this chapter and to prevent
195     evasion of the tax and the duty to collect the tax, it shall be presumed that tangible personal
196     property or any other taxable transaction under Subsection 59-12-103(1) sold by any person for
197     delivery in this state is sold for storage, use, or other consumption in this state unless the

198     person selling the property, item, or service has taken from the purchaser an exemption
199     certificate:
200          (i) bearing the name and address of the purchaser; and
201          (ii) providing that the property, item, or service was exempted under Section
202     59-12-104.
203          (b) An exemption certificate described in Subsection (3)(a):
204          (i) shall contain information as prescribed by the commission; and
205          (ii) if a paper exemption certificate is used, shall be signed by the purchaser.
206          (c) (i) Subject to Subsection (3)(c)(ii), a seller or certified service provider is not liable
207     to collect a tax under this chapter if the seller or certified service provider obtains within 90
208     days after a transaction is complete:
209          (A) an exemption certificate containing the information required by Subsections (3)(a)
210     and (b); or
211          (B) the information required by Subsections (3)(a) and (b).
212          (ii) A seller or certified service provider that does not obtain the exemption certificate
213     or information described in Subsection (3)(c)(i) with respect to a transaction is allowed 120
214     days after the commission requests the seller or certified service provider to substantiate the
215     exemption to:
216          (A) establish that the transaction is not subject to taxation under this chapter by a
217     means other than providing an exemption certificate containing the information required by
218     Subsections (3)(a) and (b); or
219          (B) subject to Subsection (3)(c)(iii), obtain an exemption certificate containing the
220     information required by Subsections (3)(a) and (b), taken in good faith.
221          (iii) For purposes of Subsection (3)(c)(ii)(B), an exemption certificate is taken in good
222     faith if the exemption certificate claims an exemption that:
223          (A) was allowed by statute on the date of the transaction in the jurisdiction of the
224     location of the transaction;
225          (B) could be applicable to that transaction; and

226          (C) is reasonable for the purchaser's type of business.
227          (d) Except as provided in Subsection (3)(e), a seller or certified service provider that
228     takes an exemption certificate from a purchaser in accordance with this Subsection (3) with
229     respect to a transaction is not liable to collect a tax under this chapter on that transaction.
230          (e) Subsection (3)(d) does not apply to a seller or certified service provider if the
231     commission establishes through an audit that the seller or certified service provider:
232          (i) knew or had reason to know at the time the purchaser provided the seller or certified
233     service provider the information described in Subsection (3)(a) or (b) that the information
234     related to the exemption claimed was materially false; or
235          (ii) otherwise knowingly participated in activity intended to purposefully evade the tax
236     due on the transaction.
237          (f) (i) Subject to Subsection (3)(f)(ii) and except as provided in Subsection (3)(f)(iii), if
238     there is a recurring business relationship between a seller or certified service provider and a
239     purchaser, the commission may not require the seller or certified service provider to:
240          (A) renew an exemption certificate;
241          (B) update an exemption certificate; or
242          (C) update a data element of an exemption certificate.
243          (ii) For purposes of Subsection (3)(f)(i), a recurring business relationship exists if no
244     more than a 12-month period elapses between transactions between a seller or certified service
245     provider and a purchaser.
246          (iii) If there is a recurring business relationship between a seller or certified service
247     provider and a purchaser, the commission shall require an exemption certificate the seller or
248     certified service provider takes from the purchaser to meet the requirements of Subsections
249     (3)(a) and (b).
250          (4) A person filing a contract bid with the state or a political subdivision of the state for
251     the sale of tangible personal property or any other taxable transaction under Subsection
252     59-12-103(1) shall include with the bid the number of the license issued to that person under
253     Subsection (2).

254          Section 2. Effective date.
255          This bill takes effect on July 1, 2020.