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7 LONG TITLE
8 General Description:
9 This bill amends sales and use tax provisions.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies sales and use tax definitions;
13 ▸ creates a sales and use tax exemption for feminine hygiene products; and
14 ▸ makes technical and conforming changes.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 This bill provides a special effective date.
19 Utah Code Sections Affected:
20 AMENDS:
21 59-12-102, as last amended by Laws of Utah 2020, Chapters 354, 365, and 438
22 59-12-104, as last amended by Laws of Utah 2020, Chapters 44, 91, 354, 412, and 438
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 59-12-102 is amended to read:
26 59-12-102. Definitions.
27 As used in this chapter:
28 (1) "800 service" means a telecommunications service that:
29 (a) allows a caller to dial a toll-free number without incurring a charge for the call; and
30 (b) is typically marketed:
31 (i) under the name 800 toll-free calling;
32 (ii) under the name 855 toll-free calling;
33 (iii) under the name 866 toll-free calling;
34 (iv) under the name 877 toll-free calling;
35 (v) under the name 888 toll-free calling; or
36 (vi) under a name similar to Subsections (1)(b)(i) through (v) as designated by the
37 Federal Communications Commission.
38 (2) (a) "900 service" means an inbound toll telecommunications service that:
39 (i) a subscriber purchases;
40 (ii) allows a customer of the subscriber described in Subsection (2)(a)(i) to call in to
41 the subscriber's:
42 (A) prerecorded announcement; or
43 (B) live service; and
44 (iii) is typically marketed:
45 (A) under the name 900 service; or
46 (B) under a name similar to Subsection (2)(a)(iii)(A) as designated by the Federal
47 Communications Commission.
48 (b) "900 service" does not include a charge for:
49 (i) a collection service a seller of a telecommunications service provides to a
50 subscriber; or
51 (ii) the following a subscriber sells to the subscriber's customer:
52 (A) a product; or
53 (B) a service.
54 (3) (a) "Admission or user fees" includes season passes.
55 (b) "Admission or user fees" does not include:
56 (i) annual membership dues to private organizations; or
57 (ii) a lesson, including a lesson that involves as part of the lesson equipment or a
58 facility listed in Subsection 59-12-103(1)(f).
59 (4) "Affiliate" or "affiliated person" means a person that, with respect to another
60 person:
61 (a) has an ownership interest of more than 5%, whether direct or indirect, in that other
62 person; or
63 (b) is related to the other person because a third person, or a group of third persons who
64 are affiliated persons with respect to each other, holds an ownership interest of more than 5%,
65 whether direct or indirect, in the related persons.
66 (5) "Agreement" means the Streamlined Sales and Use Tax Agreement adopted on
67 November 12, 2002, including amendments made to the Streamlined Sales and Use Tax
68 Agreement after November 12, 2002.
69 (6) "Agreement combined tax rate" means the sum of the tax rates:
70 (a) listed under Subsection (7); and
71 (b) that are imposed within a local taxing jurisdiction.
72 (7) "Agreement sales and use tax" means a tax imposed under:
73 (a) Subsection 59-12-103(2)(a)(i)(A);
74 (b) Subsection 59-12-103(2)(b)(i);
75 (c) Subsection 59-12-103(2)(c)(i);
76 (d) Subsection 59-12-103(2)(d)(i)(A)(I);
77 (e) Section 59-12-204;
78 (f) Section 59-12-401;
79 (g) Section 59-12-402;
80 (h) Section 59-12-402.1;
81 (i) Section 59-12-703;
82 (j) Section 59-12-802;
83 (k) Section 59-12-804;
84 (l) Section 59-12-1102;
85 (m) Section 59-12-1302;
86 (n) Section 59-12-1402;
87 (o) Section 59-12-1802;
88 (p) Section 59-12-2003;
89 (q) Section 59-12-2103;
90 (r) Section 59-12-2213;
91 (s) Section 59-12-2214;
92 (t) Section 59-12-2215;
93 (u) Section 59-12-2216;
94 (v) Section 59-12-2217;
95 (w) Section 59-12-2218;
96 (x) Section 59-12-2219; or
97 (y) Section 59-12-2220.
98 (8) "Aircraft" means the same as that term is defined in Section 72-10-102.
99 (9) "Aircraft maintenance, repair, and overhaul provider" means a business entity:
100 (a) except for:
101 (i) an airline as defined in Section 59-2-102; or
102 (ii) an affiliated group, as defined in Section 59-7-101, except that "affiliated group"
103 includes a corporation that is qualified to do business but is not otherwise doing business in the
104 state, of an airline; and
105 (b) that has the workers, expertise, and facilities to perform the following, regardless of
106 whether the business entity performs the following in this state:
107 (i) check, diagnose, overhaul, and repair:
108 (A) an onboard system of a fixed wing turbine powered aircraft; and
109 (B) the parts that comprise an onboard system of a fixed wing turbine powered aircraft;
110 (ii) assemble, change, dismantle, inspect, and test a fixed wing turbine powered aircraft
111 engine;
112 (iii) perform at least the following maintenance on a fixed wing turbine powered
113 aircraft:
114 (A) an inspection;
115 (B) a repair, including a structural repair or modification;
116 (C) changing landing gear; and
117 (D) addressing issues related to an aging fixed wing turbine powered aircraft;
118 (iv) completely remove the existing paint of a fixed wing turbine powered aircraft and
119 completely apply new paint to the fixed wing turbine powered aircraft; and
120 (v) refurbish the interior of a fixed wing turbine powered aircraft in a manner that
121 results in a change in the fixed wing turbine powered aircraft's certification requirements by the
122 authority that certifies the fixed wing turbine powered aircraft.
123 (10) "Alcoholic beverage" means a beverage that:
124 (a) is suitable for human consumption; and
125 (b) contains .5% or more alcohol by volume.
126 (11) "Alternative energy" means:
127 (a) biomass energy;
128 (b) geothermal energy;
129 (c) hydroelectric energy;
130 (d) solar energy;
131 (e) wind energy; or
132 (f) energy that is derived from:
133 (i) coal-to-liquids;
134 (ii) nuclear fuel;
135 (iii) oil-impregnated diatomaceous earth;
136 (iv) oil sands;
137 (v) oil shale;
138 (vi) petroleum coke; or
139 (vii) waste heat from:
140 (A) an industrial facility; or
141 (B) a power station in which an electric generator is driven through a process in which
142 water is heated, turns into steam, and spins a steam turbine.
143 (12) (a) Subject to Subsection (12)(b), "alternative energy electricity production
144 facility" means a facility that:
145 (i) uses alternative energy to produce electricity; and
146 (ii) has a production capacity of two megawatts or greater.
147 (b) A facility is an alternative energy electricity production facility regardless of
148 whether the facility is:
149 (i) connected to an electric grid; or
150 (ii) located on the premises of an electricity consumer.
151 (13) (a) "Ancillary service" means a service associated with, or incidental to, the
152 provision of telecommunications service.
153 (b) "Ancillary service" includes:
154 (i) a conference bridging service;
155 (ii) a detailed communications billing service;
156 (iii) directory assistance;
157 (iv) a vertical service; or
158 (v) a voice mail service.
159 (14) "Area agency on aging" means the same as that term is defined in Section
160 62A-3-101.
161 (15) "Assisted amusement device" means an amusement device, skill device, or ride
162 device that is started and stopped by an individual:
163 (a) who is not the purchaser or renter of the right to use or operate the amusement
164 device, skill device, or ride device; and
165 (b) at the direction of the seller of the right to use the amusement device, skill device,
166 or ride device.
167 (16) "Assisted cleaning or washing of tangible personal property" means cleaning or
168 washing of tangible personal property if the cleaning or washing labor is primarily performed
169 by an individual:
170 (a) who is not the purchaser of the cleaning or washing of the tangible personal
171 property; and
172 (b) at the direction of the seller of the cleaning or washing of the tangible personal
173 property.
174 (17) "Authorized carrier" means:
175 (a) in the case of vehicles operated over public highways, the holder of credentials
176 indicating that the vehicle is or will be operated pursuant to both the International Registration
177 Plan and the International Fuel Tax Agreement;
178 (b) in the case of aircraft, the holder of a Federal Aviation Administration operating
179 certificate or air carrier's operating certificate; or
180 (c) in the case of locomotives, freight cars, railroad work equipment, or other rolling
181 stock, a person who uses locomotives, freight cars, railroad work equipment, or other rolling
182 stock in more than one state.
183 (18) (a) [
184 any of the following that is used as the primary source of energy to produce fuel or electricity:
185 (i) material from a plant or tree; or
186 (ii) other organic matter that is available on a renewable basis, including:
187 (A) slash and brush from forests and woodlands;
188 (B) animal waste;
189 (C) waste vegetable oil;
190 (D) methane or synthetic gas produced at a landfill, as a byproduct of the treatment of
191 wastewater residuals, or through the conversion of a waste material through a nonincineration,
192 thermal conversion process;
193 (E) aquatic plants; and
194 (F) agricultural products.
195 (b) "Biomass energy" does not include:
196 (i) black liquor; or
197 (ii) treated woods.
198 (19) (a) "Bundled transaction" means the sale of two or more items of tangible personal
199 property, products, or services if the tangible personal property, products, or services are:
200 (i) distinct and identifiable; and
201 (ii) sold for one nonitemized price.
202 (b) "Bundled transaction" does not include:
203 (i) the sale of tangible personal property if the sales price varies, or is negotiable, on
204 the basis of the selection by the purchaser of the items of tangible personal property included in
205 the transaction;
206 (ii) the sale of real property;
207 (iii) the sale of services to real property;
208 (iv) the retail sale of tangible personal property and a service if:
209 (A) the tangible personal property:
210 (I) is essential to the use of the service; and
211 (II) is provided exclusively in connection with the service; and
212 (B) the service is the true object of the transaction;
213 (v) the retail sale of two services if:
214 (A) one service is provided that is essential to the use or receipt of a second service;
215 (B) the first service is provided exclusively in connection with the second service; and
216 (C) the second service is the true object of the transaction;
217 (vi) a transaction that includes tangible personal property or a product subject to
218 taxation under this chapter and tangible personal property or a product that is not subject to
219 taxation under this chapter if the:
220 (A) seller's purchase price of the tangible personal property or product subject to
221 taxation under this chapter is de minimis; or
222 (B) seller's sales price of the tangible personal property or product subject to taxation
223 under this chapter is de minimis; and
224 (vii) the retail sale of tangible personal property that is not subject to taxation under
225 this chapter and tangible personal property that is subject to taxation under this chapter if:
226 (A) that retail sale includes:
227 (I) food and food ingredients;
228 (II) a drug;
229 (III) durable medical equipment;
230 (IV) mobility enhancing equipment;
231 (V) an over-the-counter drug;
232 (VI) a prosthetic device; or
233 (VII) a medical supply; and
234 (B) subject to Subsection (19)(f):
235 (I) the seller's purchase price of the tangible personal property subject to taxation under
236 this chapter is 50% or less of the seller's total purchase price of that retail sale; or
237 (II) the seller's sales price of the tangible personal property subject to taxation under
238 this chapter is 50% or less of the seller's total sales price of that retail sale.
239 (c) (i) For purposes of Subsection (19)(a)(i), tangible personal property, a product, or a
240 service that is distinct and identifiable does not include:
241 (A) packaging that:
242 (I) accompanies the sale of the tangible personal property, product, or service; and
243 (II) is incidental or immaterial to the sale of the tangible personal property, product, or
244 service;
245 (B) tangible personal property, a product, or a service provided free of charge with the
246 purchase of another item of tangible personal property, a product, or a service; or
247 (C) an item of tangible personal property, a product, or a service included in the
248 definition of "purchase price."
249 (ii) For purposes of Subsection (19)(c)(i)(B), an item of tangible personal property, a
250 product, or a service is provided free of charge with the purchase of another item of tangible
251 personal property, a product, or a service if the sales price of the purchased item of tangible
252 personal property, product, or service does not vary depending on the inclusion of the tangible
253 personal property, product, or service provided free of charge.
254 (d) (i) For purposes of Subsection (19)(a)(ii), property sold for one nonitemized price
255 does not include a price that is separately identified by tangible personal property, product, or
256 service on the following, regardless of whether the following is in paper format or electronic
257 format:
258 (A) a binding sales document; or
259 (B) another supporting sales-related document that is available to a purchaser.
260 (ii) For purposes of Subsection (19)(d)(i), a binding sales document or another
261 supporting sales-related document that is available to a purchaser includes:
262 (A) a bill of sale;
263 (B) a contract;
264 (C) an invoice;
265 (D) a lease agreement;
266 (E) a periodic notice of rates and services;
267 (F) a price list;
268 (G) a rate card;
269 (H) a receipt; or
270 (I) a service agreement.
271 (e) (i) For purposes of Subsection (19)(b)(vi), the sales price of tangible personal
272 property or a product subject to taxation under this chapter is de minimis if:
273 (A) the seller's purchase price of the tangible personal property or product is 10% or
274 less of the seller's total purchase price of the bundled transaction; or
275 (B) the seller's sales price of the tangible personal property or product is 10% or less of
276 the seller's total sales price of the bundled transaction.
277 (ii) For purposes of Subsection (19)(b)(vi), a seller:
278 (A) shall use the seller's purchase price or the seller's sales price to determine if the
279 purchase price or sales price of the tangible personal property or product subject to taxation
280 under this chapter is de minimis; and
281 (B) may not use a combination of the seller's purchase price and the seller's sales price
282 to determine if the purchase price or sales price of the tangible personal property or product
283 subject to taxation under this chapter is de minimis.
284 (iii) For purposes of Subsection (19)(b)(vi), a seller shall use the full term of a service
285 contract to determine if the sales price of tangible personal property or a product is de minimis.
286 (f) For purposes of Subsection (19)(b)(vii)(B), a seller may not use a combination of
287 the seller's purchase price and the seller's sales price to determine if tangible personal property
288 subject to taxation under this chapter is 50% or less of the seller's total purchase price or sales
289 price of that retail sale.
290 (20) "Certified automated system" means software certified by the governing board of
291 the agreement that:
292 (a) calculates the agreement sales and use tax imposed within a local taxing
293 jurisdiction:
294 (i) on a transaction; and
295 (ii) in the states that are members of the agreement;
296 (b) determines the amount of agreement sales and use tax to remit to a state that is a
297 member of the agreement; and
298 (c) maintains a record of the transaction described in Subsection (20)(a)(i).
299 (21) "Certified service provider" means an agent certified:
300 (a) by the governing board of the agreement; and
301 (b) to perform a seller's sales and use tax functions for an agreement sales and use tax,
302 as outlined in the contract between the governing board of the agreement and the certified
303 service provider, other than the seller's obligation under Section 59-12-124 to remit a tax on the
304 seller's own purchases.
305 (22) (a) Subject to Subsection (22)(b), "clothing" means all human wearing apparel
306 suitable for general use.
307 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
308 commission shall make rules:
309 (i) listing the items that constitute "clothing"; and
310 (ii) that are consistent with the list of items that constitute "clothing" under the
311 agreement.
312 (23) "Coal-to-liquid" means the process of converting coal into a liquid synthetic fuel.
313 (24) "Commercial use" means the use of gas, electricity, heat, coal, fuel oil, or other
314 fuels that does not constitute industrial use under Subsection [
315 under Subsection [
316 (25) (a) "Common carrier" means a person engaged in or transacting the business of
317 transporting passengers, freight, merchandise, or other property for hire within this state.
318 (b) (i) "Common carrier" does not include a person that, at the time the person is
319 traveling to or from that person's place of employment, transports a passenger to or from the
320 passenger's place of employment.
321 (ii) For purposes of Subsection (25)(b)(i), in accordance with Title 63G, Chapter 3,
322 Utah Administrative Rulemaking Act, the commission may make rules defining what
323 constitutes a person's place of employment.
324 (c) "Common carrier" does not include a person that provides transportation network
325 services, as defined in Section 13-51-102.
326 (26) "Component part" includes:
327 (a) poultry, dairy, and other livestock feed, and their components;
328 (b) baling ties and twine used in the baling of hay and straw;
329 (c) fuel used for providing temperature control of orchards and commercial
330 greenhouses doing a majority of their business in wholesale sales, and for providing power for
331 off-highway type farm machinery; and
332 (d) feed, seeds, and seedlings.
333 (27) "Computer" means an electronic device that accepts information:
334 (a) (i) in digital form; or
335 (ii) in a form similar to digital form; and
336 (b) manipulates that information for a result based on a sequence of instructions.
337 (28) "Computer software" means a set of coded instructions designed to cause:
338 (a) a computer to perform a task; or
339 (b) automatic data processing equipment to perform a task.
340 (29) "Computer software maintenance contract" means a contract that obligates a seller
341 of computer software to provide a customer with:
342 (a) future updates or upgrades to computer software;
343 (b) support services with respect to computer software; or
344 (c) a combination of Subsections (29)(a) and (b).
345 (30) (a) "Conference bridging service" means an ancillary service that links two or
346 more participants of an audio conference call or video conference call.
347 (b) "Conference bridging service" may include providing a telephone number as part of
348 the ancillary service described in Subsection (30)(a).
349 (c) "Conference bridging service" does not include a telecommunications service used
350 to reach the ancillary service described in Subsection (30)(a).
351 (31) "Construction materials" means any tangible personal property that will be
352 converted into real property.
353 (32) "Delivered electronically" means delivered to a purchaser by means other than
354 tangible storage media.
355 (33) (a) "Delivery charge" means a charge:
356 (i) by a seller of:
357 (A) tangible personal property;
358 (B) a product transferred electronically; or
359 (C) a service; and
360 (ii) for preparation and delivery of the tangible personal property, product transferred
361 electronically, or services described in Subsection (33)(a)(i) to a location designated by the
362 purchaser.
363 (b) "Delivery charge" includes a charge for the following:
364 (i) transportation;
365 (ii) shipping;
366 (iii) postage;
367 (iv) handling;
368 (v) crating; or
369 (vi) packing.
370 (34) "Detailed telecommunications billing service" means an ancillary service of
371 separately stating information pertaining to individual calls on a customer's billing statement.
372 (35) "Dietary supplement" means a product, other than tobacco, that:
373 (a) is intended to supplement the diet;
374 (b) contains one or more of the following dietary ingredients:
375 (i) a vitamin;
376 (ii) a mineral;
377 (iii) an herb or other botanical;
378 (iv) an amino acid;
379 (v) a dietary substance for use by humans to supplement the diet by increasing the total
380 dietary intake; or
381 (vi) a concentrate, metabolite, constituent, extract, or combination of any ingredient
382 described in Subsections (35)(b)(i) through (v);
383 (c) (i) except as provided in Subsection (35)(c)(ii), is intended for ingestion in:
384 (A) tablet form;
385 (B) capsule form;
386 (C) powder form;
387 (D) softgel form;
388 (E) gelcap form; or
389 (F) liquid form; or
390 (ii) if the product is not intended for ingestion in a form described in Subsections
391 (35)(c)(i)(A) through (F), is not represented:
392 (A) as conventional food; and
393 (B) for use as a sole item of:
394 (I) a meal; or
395 (II) the diet; and
396 (d) is required to be labeled as a dietary supplement:
397 (i) identifiable by the "Supplemental Facts" box found on the label; and
398 (ii) as required by 21 C.F.R. Sec. 101.36.
399 (36) (a) "Digital audio work" means a work that results from the fixation of a series of
400 musical, spoken, or other sounds.
401 (b) "Digital audio work" includes a ringtone.
402 (37) "Digital audio-visual work" means a series of related images which, when shown
403 in succession, imparts an impression of motion, together with accompanying sounds, if any.
404 (38) "Digital book" means a work that is generally recognized in the ordinary and usual
405 sense as a book.
406 (39) (a) "Direct mail" means printed material delivered or distributed by United States
407 mail or other delivery service:
408 (i) to:
409 (A) a mass audience; or
410 (B) addressees on a mailing list provided:
411 (I) by a purchaser of the mailing list; or
412 (II) at the discretion of the purchaser of the mailing list; and
413 (ii) if the cost of the printed material is not billed directly to the recipients.
414 (b) "Direct mail" includes tangible personal property supplied directly or indirectly by a
415 purchaser to a seller of direct mail for inclusion in a package containing the printed material.
416 (c) "Direct mail" does not include multiple items of printed material delivered to a
417 single address.
418 (40) "Directory assistance" means an ancillary service of providing:
419 (a) address information; or
420 (b) telephone number information.
421 (41) (a) "Disposable home medical equipment or supplies" means medical equipment
422 or supplies that:
423 (i) cannot withstand repeated use; and
424 (ii) are purchased by, for, or on behalf of a person other than:
425 (A) a health care facility as defined in Section 26-21-2;
426 (B) a health care provider as defined in Section 78B-3-403;
427 (C) an office of a health care provider described in Subsection (41)(a)(ii)(B); or
428 (D) a person similar to a person described in Subsections (41)(a)(ii)(A) through (C).
429 (b) "Disposable home medical equipment or supplies" does not include:
430 (i) a drug;
431 (ii) durable medical equipment;
432 (iii) a hearing aid;
433 (iv) a hearing aid accessory;
434 (v) mobility enhancing equipment; or
435 (vi) tangible personal property used to correct impaired vision, including:
436 (A) eyeglasses; or
437 (B) contact lenses.
438 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
439 commission may by rule define what constitutes medical equipment or supplies.
440 (42) "Drilling equipment manufacturer" means a facility:
441 (a) located in the state;
442 (b) with respect to which 51% or more of the manufacturing activities of the facility
443 consist of manufacturing component parts of drilling equipment;
444 (c) that uses pressure of 800,000 or more pounds per square inch as part of the
445 manufacturing process; and
446 (d) that uses a temperature of 2,000 or more degrees Fahrenheit as part of the
447 manufacturing process.
448 (43) (a) "Drug" means a compound, substance, or preparation, or a component of a
449 compound, substance, or preparation that is:
450 (i) recognized in:
451 (A) the official United States Pharmacopoeia;
452 (B) the official Homeopathic Pharmacopoeia of the United States;
453 (C) the official National Formulary; or
454 (D) a supplement to a publication listed in Subsections (43)(a)(i)(A) through (C);
455 (ii) intended for use in the:
456 (A) diagnosis of disease;
457 (B) cure of disease;
458 (C) mitigation of disease;
459 (D) treatment of disease; or
460 (E) prevention of disease; or
461 (iii) intended to affect:
462 (A) the structure of the body; or
463 (B) any function of the body.
464 (b) "Drug" does not include:
465 (i) food and food ingredients;
466 (ii) a dietary supplement;
467 (iii) an alcoholic beverage; or
468 (iv) a prosthetic device.
469 (44) (a) [
470 equipment" means equipment that:
471 (i) can withstand repeated use;
472 (ii) is primarily and customarily used to serve a medical purpose;
473 (iii) generally is not useful to a person in the absence of illness or injury; and
474 (iv) is not worn in or on the body.
475 (b) "Durable medical equipment" includes parts used in the repair or replacement of the
476 equipment described in Subsection (44)(a).
477 (c) "Durable medical equipment" does not include mobility enhancing equipment.
478 (45) "Electronic" means:
479 (a) relating to technology; and
480 (b) having:
481 (i) electrical capabilities;
482 (ii) digital capabilities;
483 (iii) magnetic capabilities;
484 (iv) wireless capabilities;
485 (v) optical capabilities;
486 (vi) electromagnetic capabilities; or
487 (vii) capabilities similar to Subsections (45)(b)(i) through (vi).
488 (46) "Electronic financial payment service" means an establishment:
489 (a) within NAICS Code 522320, Financial Transactions Processing, Reserve, and
490 Clearinghouse Activities, of the 2012 North American Industry Classification System of the
491 federal Executive Office of the President, Office of Management and Budget; and
492 (b) that performs electronic financial payment services.
493 (47) "Employee" means the same as that term is defined in Section 59-10-401.
494 (48) (a) "Feminine hygiene products" means:
495 (i) tampons;
496 (ii) panty liners;
497 (iii) menstrual cups;
498 (iv) sanitary napkins; or
499 (v) other similar tangible personal property designed for hygiene in connection with the
500 human menstrual cycle.
501 (b) "Feminine hygiene products" does not include:
502 (i) soaps or cleaning solutions;
503 (ii) shampoo;
504 (iii) toothpaste;
505 (iv) mouthwash;
506 (v) antiperspirants; or
507 (vi) suntan lotions or screens.
508 [
509 (a) rail for the use of public transit; or
510 (b) a separate right-of-way for the use of public transit.
511 [
512 (a) is powered by turbine engines;
513 (b) operates on jet fuel; and
514 (c) has wings that are permanently attached to the fuselage of the aircraft.
515 [
516 radio communication between fixed points.
517 [
518 (i) regardless of whether the substances are in:
519 (A) liquid form;
520 (B) concentrated form;
521 (C) solid form;
522 (D) frozen form;
523 (E) dried form; or
524 (F) dehydrated form; and
525 (ii) that are:
526 (A) sold for:
527 (I) ingestion by humans; or
528 (II) chewing by humans; and
529 (B) consumed for the substance's:
530 (I) taste; or
531 (II) nutritional value.
532 (b) "Food and food ingredients" includes an item described in Subsection [
533 (97)(b)(iii).
534 (c) "Food and food ingredients" does not include:
535 (i) an alcoholic beverage;
536 (ii) tobacco; or
537 (iii) prepared food.
538 [
539 (i) (A) made by a school; or
540 (B) made by a school student;
541 (ii) that are for the purpose of raising funds for the school to purchase equipment,
542 materials, or provide transportation; and
543 (iii) that are part of an officially sanctioned school activity.
544 (b) For purposes of Subsection [
545 means a school activity:
546 (i) that is conducted in accordance with a formal policy adopted by the school or school
547 district governing the authorization and supervision of fundraising activities;
548 (ii) that does not directly or indirectly compensate an individual teacher or other
549 educational personnel by direct payment, commissions, or payment in kind; and
550 (iii) the net or gross [
551 account controlled by the school or school district.
552 [
553 flows outward from the earth that is used as the sole source of energy to produce electricity.
554 [
555 agreement that is:
556 (a) authorized to administer the agreement; and
557 (b) established in accordance with the agreement.
558 [
559 means:
560 (i) the executive branch of the state, including all departments, institutions, boards,
561 divisions, bureaus, offices, commissions, and committees;
562 (ii) the judicial branch of the state, including the courts, the Judicial Council, the
563 Administrative Office of the Courts, and similar administrative units in the judicial branch;
564 (iii) the legislative branch of the state, including the House of Representatives, the
565 Senate, the Legislative Printing Office, the Office of Legislative Research and General
566 Counsel, the Office of the Legislative Auditor General, and the Office of the Legislative Fiscal
567 Analyst;
568 (iv) the National Guard;
569 (v) an independent entity as defined in Section 63E-1-102; or
570 (vi) a political subdivision as defined in Section 17B-1-102.
571 (b) "Governmental entity" does not include the state systems of public and higher
572 education, including:
573 (i) a school;
574 (ii) the State Board of Education;
575 (iii) the Utah Board of Higher Education; or
576 (iv) an institution of higher education described in Section 53B-1-102.
577 [
578 produce electricity.
579 [
580 or other fuels:
581 (a) in mining or extraction of minerals;
582 (b) in agricultural operations to produce an agricultural product up to the time of
583 harvest or placing the agricultural product into a storage facility, including:
584 (i) commercial greenhouses;
585 (ii) irrigation pumps;
586 (iii) farm machinery;
587 (iv) implements of husbandry as defined in Section 41-1a-102 that are not registered
588 under Title 41, Chapter 1a, Part 2, Registration; and
589 (v) other farming activities;
590 (c) in manufacturing tangible personal property at an establishment described in:
591 (i) SIC Codes 2000 to 3999 of the 1987 Standard Industrial Classification Manual of
592 the federal Executive Office of the President, Office of Management and Budget; or
593 (ii) a NAICS code within NAICS Sector 31-33, Manufacturing, of the 2017 North
594 American Industry Classification System of the federal Executive Office of the President,
595 Office of Management and Budget;
596 (d) by a scrap recycler if:
597 (i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
598 one or more of the following items into prepared grades of processed materials for use in new
599 products:
600 (A) iron;
601 (B) steel;
602 (C) nonferrous metal;
603 (D) paper;
604 (E) glass;
605 (F) plastic;
606 (G) textile; or
607 (H) rubber; and
608 (ii) the new products under Subsection [
609 nonrecycled materials; or
610 (e) in producing a form of energy or steam described in Subsection 54-2-1(3)(a) by a
611 cogeneration facility as defined in Section 54-2-1.
612 [
613 charge" means a charge for installing:
614 (i) tangible personal property; or
615 (ii) a product transferred electronically.
616 (b) "Installation charge" does not include a charge for:
617 (i) repairs or renovations of:
618 (A) tangible personal property; or
619 (B) a product transferred electronically; or
620 (ii) attaching tangible personal property or a product transferred electronically:
621 (A) to other tangible personal property; and
622 (B) as part of a manufacturing or fabrication process.
623 [
624 listed in Section 53B-2-101.
625 [
626 personal property or a product transferred electronically for:
627 (i) (A) a fixed term; or
628 (B) an indeterminate term; and
629 (ii) consideration.
630 (b) "Lease" or "rental" includes an agreement covering a motor vehicle and trailer if the
631 amount of consideration may be increased or decreased by reference to the amount realized
632 upon sale or disposition of the property as defined in Section 7701(h)(1), Internal Revenue
633 Code.
634 (c) "Lease" or "rental" does not include:
635 (i) a transfer of possession or control of property under a security agreement or
636 deferred payment plan that requires the transfer of title upon completion of the required
637 payments;
638 (ii) a transfer of possession or control of property under an agreement that requires the
639 transfer of title:
640 (A) upon completion of required payments; and
641 (B) if the payment of an option price does not exceed the greater of:
642 (I) $100; or
643 (II) 1% of the total required payments; or
644 (iii) providing tangible personal property along with an operator for a fixed period of
645 time or an indeterminate period of time if the operator is necessary for equipment to perform as
646 designed.
647 (d) For purposes of Subsection [
648 equipment to perform as designed if the operator's duties exceed the:
649 (i) set-up of tangible personal property;
650 (ii) maintenance of tangible personal property; or
651 (iii) inspection of tangible personal property.
652 [
653 instructor:
654 (a) is present with a student in person or by video; and
655 (b) actively instructs the student, including by providing observation or feedback.
656 [
657 classified under the following NAICS codes of the 2007 North American Industry
658 Classification System of the federal Executive Office of the President, Office of Management
659 and Budget:
660 (a) NAICS Code 33911, Medical Equipment and Supplies Manufacturing;
661 (b) NAICS Code 334510, Electromedical and Electrotherapeutic Apparatus
662 Manufacturing; or
663 (c) NAICS Code 334517, Irradiation Apparatus Manufacturing.
664 [
665 leased, or rented by a life science establishment if research and development is performed in
666 51% or more of the total area of the facility.
667 [
668 media if the tangible storage media is not physically transferred to the purchaser.
669 [
670 (a) county that is authorized to impose an agreement sales and use tax;
671 (b) city that is authorized to impose an agreement sales and use tax; or
672 (c) town that is authorized to impose an agreement sales and use tax.
673 [
674 15A-1-302.
675 [
676 (a) an establishment described in:
677 (i) SIC Codes 2000 to 3999 of the 1987 Standard Industrial Classification Manual of
678 the federal Executive Office of the President, Office of Management and Budget; or
679 (ii) a NAICS code within NAICS Sector 31-33, Manufacturing, of the 2017 North
680 American Industry Classification System of the federal Executive Office of the President,
681 Office of Management and Budget;
682 (b) a scrap recycler if:
683 (i) from a fixed location, the scrap recycler utilizes machinery or equipment to process
684 one or more of the following items into prepared grades of processed materials for use in new
685 products:
686 (A) iron;
687 (B) steel;
688 (C) nonferrous metal;
689 (D) paper;
690 (E) glass;
691 (F) plastic;
692 (G) textile; or
693 (H) rubber; and
694 (ii) the new products under Subsection [
695 nonrecycled materials; or
696 (c) a cogeneration facility as defined in Section 54-2-1 if the cogeneration facility is
697 placed in service on or after May 1, 2006.
698 [
699 where tangible personal property, a product transferred electronically, or a service is offered for
700 sale.
701 (b) "Marketplace" includes a store, a booth, an Internet website, a catalog, or a
702 dedicated sales software application.
703 [
704 person, that enters into a contract, an agreement, or otherwise with sellers, for consideration, to
705 facilitate the sale of a seller's product through a marketplace that the person owns, operates, or
706 controls and that directly or indirectly:
707 (i) does any of the following:
708 (A) lists, makes available, or advertises tangible personal property, a product
709 transferred electronically, or a service for sale by a marketplace seller on a marketplace that the
710 person owns, operates, or controls;
711 (B) facilitates the sale of a marketplace seller's tangible personal property, product
712 transferred electronically, or service by transmitting or otherwise communicating an offer or
713 acceptance of a retail sale between the marketplace seller and a purchaser using the
714 marketplace;
715 (C) owns, rents, licenses, makes available, or operates any electronic or physical
716 infrastructure or any property, process, method, copyright, trademark, or patent that connects a
717 marketplace seller to a purchaser for the purpose of making a retail sale of tangible personal
718 property, a product transferred electronically, or a service;
719 (D) provides a marketplace for making, or otherwise facilitates, a retail sale of tangible
720 personal property, a product transferred electronically, or a service, regardless of ownership or
721 control of the tangible personal property, the product transferred electronically, or the service
722 that is the subject of the retail sale;
723 (E) provides software development or research and development activities related to
724 any activity described in this Subsection [
725 research and development activity is directly related to the person's marketplace;
726 (F) provides or offers fulfillment or storage services for a marketplace seller;
727 (G) sets prices for the sale of tangible personal property, a product transferred
728 electronically, or a service by a marketplace seller;
729 (H) provides or offers customer service to a marketplace seller or a marketplace seller's
730 purchaser or accepts or assists with taking orders, returns, or exchanges of tangible personal
731 property, a product transferred electronically, or a service sold by a marketplace seller on the
732 person's marketplace; or
733 (I) brands or otherwise identifies sales as those of the person; and
734 (ii) does any of the following:
735 (A) collects the sales price or purchase price of a retail sale of tangible personal
736 property, a product transferred electronically, or a service;
737 (B) provides payment processing services for a retail sale of tangible personal property,
738 a product transferred electronically, or a service;
739 (C) charges, collects, or otherwise receives a selling fee, listing fee, referral fee, closing
740 fee, a fee for inserting or making available tangible personal property, a product transferred
741 electronically, or a service on the person's marketplace, or other consideration for the
742 facilitation of a retail sale of tangible personal property, a product transferred electronically, or
743 a service, regardless of ownership or control of the tangible personal property, the product
744 transferred electronically, or the service that is the subject of the retail sale;
745 (D) through terms and conditions, an agreement, or another arrangement with a third
746 person, collects payment from a purchase for a retail sale of tangible personal property, a
747 product transferred electronically, or a service and transmits that payment to the marketplace
748 seller, regardless of whether the third person receives compensation or other consideration in
749 exchange for the service; or
750 (E) provides a virtual currency for a purchaser to use to purchase tangible personal
751 property, a product transferred electronically, or service offered for sale.
752 (b) "Marketplace facilitator" does not include:
753 (i) a person that only provides payment processing services; or
754 (ii) a person described in Subsection [
755 facilitating a sale for a seller that is a restaurant as defined in Section 59-12-602.
756 [
757 through a marketplace that a marketplace facilitator owns, operates, or controls, regardless of
758 whether the seller is required to be registered to collect and remit the tax under this part.
759 [
760 related to a producer described in Subsection 59-12-104(20)(a) as a:
761 (a) child or stepchild, regardless of whether the child or stepchild is:
762 (i) an adopted child or adopted stepchild; or
763 (ii) a foster child or foster stepchild;
764 (b) grandchild or stepgrandchild;
765 (c) grandparent or stepgrandparent;
766 (d) nephew or stepnephew;
767 (e) niece or stepniece;
768 (f) parent or stepparent;
769 (g) sibling or stepsibling;
770 (h) spouse;
771 (i) person who is the spouse of a person described in Subsections [
772 (g); or
773 (j) person similar to a person described in Subsections [
774 determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah
775 Administrative Rulemaking Act.
776 [
777 15A-1-302.
778 [
779 defined in the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
780 [
781 regardless of the technology used, if:
782 (i) the origination point of the conveyance, routing, or transmission is not fixed;
783 (ii) the termination point of the conveyance, routing, or transmission is not fixed; or
784 (iii) the origination point described in Subsection [
785 point described in Subsection [
786 (b) "Mobile wireless service" includes a telecommunications service that is provided
787 by a commercial mobile radio service provider.
788 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
789 commission may by rule define "commercial mobile radio service provider."
790 [
791 enhancing equipment" means equipment that is:
792 (i) primarily and customarily used to provide or increase the ability to move from one
793 place to another;
794 (ii) appropriate for use in a:
795 (A) home; or
796 (B) motor vehicle; and
797 (iii) not generally used by persons with normal mobility.
798 (b) "Mobility enhancing equipment" includes parts used in the repair or replacement of
799 the equipment described in Subsection [
800 (c) "Mobility enhancing equipment" does not include:
801 (i) a motor vehicle;
802 (ii) equipment on a motor vehicle if that equipment is normally provided by the motor
803 vehicle manufacturer;
804 (iii) durable medical equipment; or
805 (iv) a prosthetic device.
806 [
807 selected a certified service provider as the seller's agent to perform the seller's sales and use tax
808 functions for agreement sales and use taxes, as outlined in the contract between the governing
809 board of the agreement and the certified service provider, other than the seller's obligation
810 under Section 59-12-124 to remit a tax on the seller's own purchases.
811 [
812 (a) except as provided in Subsection [
813 system to perform the seller's sales tax functions for agreement sales and use taxes; and
814 (b) retains responsibility for remitting all of the sales tax:
815 (i) collected by the seller; and
816 (ii) to the appropriate local taxing jurisdiction.
817 [
818 registered under the agreement that has:
819 (i) sales in at least five states that are members of the agreement;
820 (ii) total annual sales [
821 (iii) a proprietary system that calculates the amount of tax:
822 (A) for an agreement sales and use tax; and
823 (B) due to each local taxing jurisdiction; and
824 (iv) entered into a performance agreement with the governing board of the agreement.
825 (b) [
826 group of sellers using the same proprietary system.
827 [
828 not a model 1 seller, model 2 seller, or model 3 seller.
829 [
830 [
831 41-1a-102.
832 [
833 (a) contain a heavy, thick form of petroleum that is released when heated, mixed with
834 other hydrocarbons, or otherwise treated;
835 (b) yield mixtures of liquid hydrocarbon; and
836 (c) require further processing other than mechanical blending before becoming finished
837 petroleum products.
838 [
839 kerogen material that yields petroleum upon heating and distillation.
840 [
841 software maintenance contract that a customer is not obligated to purchase as a condition to the
842 retail sale of computer software.
843 [
844 energy.
845 (b) "Other fuels" includes oxygen when it is used in the manufacturing of tangible
846 personal property.
847 [
848 transmission of a coded radio signal for the purpose of activating a specific pager.
849 (b) For purposes of Subsection [
850 includes a transmission by message or sound.
851 (88) "Pawn transaction" means the same as that term is defined in Section 13-32a-102.
852 [
853 13-32a-102.
854 [
855
856 [
857 property attached to real property:
858 (i) the attachment of the tangible personal property to the real property:
859 (A) is essential to the use of the tangible personal property; and
860 (B) suggests that the tangible personal property will remain attached to the real
861 property in the same place over the useful life of the tangible personal property; or
862 (ii) if the tangible personal property is detached from the real property, the detachment
863 would:
864 (A) cause substantial damage to the tangible personal property; or
865 (B) require substantial alteration or repair of the real property to which the tangible
866 personal property is attached.
867 (b) "Permanently attached to real property" includes:
868 (i) the attachment of an accessory to the tangible personal property if the accessory is:
869 (A) essential to the operation of the tangible personal property; and
870 (B) attached only to facilitate the operation of the tangible personal property;
871 (ii) a temporary detachment of tangible personal property from real property for a
872 repair or renovation if the repair or renovation is performed where the tangible personal
873 property and real property are located; or
874 (iii) property attached to oil, gas, or water pipelines, except for the property listed in
875 Subsection [
876 (c) "Permanently attached to real property" does not include:
877 (i) the attachment of portable or movable tangible personal property to real property if
878 that portable or movable tangible personal property is attached to real property only for:
879 (A) convenience;
880 (B) stability; or
881 (C) for an obvious temporary purpose;
882 (ii) the detachment of tangible personal property from real property except for the
883 detachment described in Subsection [
884 (iii) an attachment of the following tangible personal property to real property if the
885 attachment to real property is only through a line that supplies water, electricity, gas,
886 telecommunications, cable, or supplies a similar item as determined by the commission by rule
887 made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
888 (A) a computer;
889 (B) a telephone;
890 (C) a television; or
891 (D) tangible personal property similar to Subsections [
892 as determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah
893 Administrative Rulemaking Act; or
894 (iv) an item listed in Subsection [
895 [
896 association, corporation, estate, trust, business trust, receiver, syndicate, this state, any county,
897 city, municipality, district, or other local governmental entity of the state, or any group or
898 combination acting as a unit.
899 [
900 (a) for telecommunications service other than mobile telecommunications service,
901 means the street address representative of where the customer's use of the telecommunications
902 service primarily occurs, which shall be:
903 (i) the residential street address of the customer; or
904 (ii) the primary business street address of the customer; or
905 (b) for mobile telecommunications service, means the same as that term is defined in
906 the Mobile Telecommunications Sourcing Act, 4 U.S.C. Sec. 124.
907 [
908 obtains by making a payment on a call-by-call basis:
909 (i) through the use of a:
910 (A) bank card;
911 (B) credit card;
912 (C) debit card; or
913 (D) travel card; or
914 (ii) by a charge made to a telephone number that is not associated with the origination
915 or termination of the telecommunications service.
916 (b) "Postpaid calling service" includes a service, except for a prepaid wireless calling
917 service, that would be a prepaid wireless calling service if the service were exclusively a
918 telecommunications service.
919 [
920 a medium described in Subsection 59-12-104(54)(a).
921 [
922 (a) that allows a purchaser access to telecommunications service that is exclusively
923 telecommunications service;
924 (b) that:
925 (i) is paid for in advance; and
926 (ii) enables the origination of a call using an:
927 (A) access number; or
928 (B) authorization code;
929 (c) that is dialed:
930 (i) manually; or
931 (ii) electronically; and
932 (d) sold in predetermined units or dollars that decline:
933 (i) by a known amount; and
934 (ii) with use.
935 [
936 (a) that provides the right to utilize:
937 (i) mobile wireless service; and
938 (ii) other service that is not a telecommunications service, including:
939 (A) the download of a product transferred electronically;
940 (B) a content service; or
941 (C) an ancillary service;
942 (b) that:
943 (i) is paid for in advance; and
944 (ii) enables the origination of a call using an:
945 (A) access number; or
946 (B) authorization code;
947 (c) that is dialed:
948 (i) manually; or
949 (ii) electronically; and
950 (d) sold in predetermined units or dollars that decline:
951 (i) by a known amount; and
952 (ii) with use.
953 [
954 (i) food:
955 (A) sold in a heated state; or
956 (B) heated by a seller;
957 (ii) two or more food ingredients mixed or combined by the seller for sale as a single
958 item; or
959 (iii) except as provided in Subsection [
960 provided by the seller, including a:
961 (A) plate;
962 (B) knife;
963 (C) fork;
964 (D) spoon;
965 (E) glass;
966 (F) cup;
967 (G) napkin; or
968 (H) straw.
969 (b) "Prepared food" does not include:
970 (i) food that a seller only:
971 (A) cuts;
972 (B) repackages; or
973 (C) pasteurizes; or
974 (ii) (A) the following:
975 (I) raw egg;
976 (II) raw fish;
977 (III) raw meat;
978 (IV) raw poultry; or
979 (V) a food containing an item described in Subsections [
980 (IV); and
981 (B) if the Food and Drug Administration recommends in Chapter 3, Part 401.11 of the
982 Food and Drug Administration's Food Code that a consumer cook the items described in
983 Subsection [
984 (iii) the following if sold without eating utensils provided by the seller:
985 (A) food and food ingredients sold by a seller if the seller's proper primary
986 classification under the 2002 North American Industry Classification System of the federal
987 Executive Office of the President, Office of Management and Budget, is manufacturing in
988 Sector 311, Food Manufacturing, except for Subsector 3118, Bakeries and Tortilla
989 Manufacturing;
990 (B) food and food ingredients sold in an unheated state:
991 (I) by weight or volume; and
992 (II) as a single item; or
993 (C) a bakery item, including:
994 (I) a bagel;
995 (II) a bar;
996 (III) a biscuit;
997 (IV) bread;
998 (V) a bun;
999 (VI) a cake;
1000 (VII) a cookie;
1001 (VIII) a croissant;
1002 (IX) a danish;
1003 (X) a donut;
1004 (XI) a muffin;
1005 (XII) a pastry;
1006 (XIII) a pie;
1007 (XIV) a roll;
1008 (XV) a tart;
1009 (XVI) a torte; or
1010 (XVII) a tortilla.
1011 (c) An eating utensil provided by the seller does not include the following used to
1012 transport the food:
1013 (i) a container; or
1014 (ii) packaging.
1015 [
1016 (a) (i) orally;
1017 (ii) in writing;
1018 (iii) electronically; or
1019 (iv) by any other manner of transmission; and
1020 (b) by a licensed practitioner authorized by the laws of a state.
1021 [
1022 "Prewritten computer software" means computer software that is not designed and developed:
1023 (i) by the author or other creator of the computer software; and
1024 (ii) to the specifications of a specific purchaser.
1025 (b) "Prewritten computer software" includes:
1026 (i) a prewritten upgrade to computer software if the prewritten upgrade to the computer
1027 software is not designed and developed:
1028 (A) by the author or other creator of the computer software; and
1029 (B) to the specifications of a specific purchaser;
1030 (ii) computer software designed and developed by the author or other creator of the
1031 computer software to the specifications of a specific purchaser if the computer software is sold
1032 to a person other than the purchaser; or
1033 (iii) except as provided in Subsection [
1034 prewritten portion of prewritten computer software:
1035 (A) that is modified or enhanced to any degree; and
1036 (B) if the modification or enhancement described in Subsection [
1037 designed and developed to the specifications of a specific purchaser.
1038 (c) "Prewritten computer software" does not include a modification or enhancement
1039 described in Subsection [
1040 are:
1041 (i) reasonable; and
1042 (ii) subject to Subsections 59-12-103(2)(e)(ii) and (2)(f)(i), separately stated on the
1043 invoice or other statement of price provided to the purchaser at the time of sale or later, as
1044 demonstrated by:
1045 (A) the books and records the seller keeps at the time of the transaction in the regular
1046 course of business, including books and records the seller keeps at the time of the transaction in
1047 the regular course of business for nontax purposes;
1048 (B) a preponderance of the facts and circumstances at the time of the transaction; and
1049 (C) the understanding of all of the parties to the transaction.
1050 [
1051 service:
1052 (i) that entitles a customer to exclusive or priority use of one or more communications
1053 channels between or among termination points; and
1054 (ii) regardless of the manner in which the one or more communications channels are
1055 connected.
1056 (b) "Private communications service" includes the following provided in connection
1057 with the use of one or more communications channels:
1058 (i) an extension line;
1059 (ii) a station;
1060 (iii) switching capacity; or
1061 (iv) another associated service that is provided in connection with the use of one or
1062 more communications channels as defined in Section 59-12-215.
1063 [
1064 transferred electronically" means a product transferred electronically that would be subject to a
1065 tax under this chapter if that product was transferred in a manner other than electronically.
1066 (b) "Product transferred electronically" does not include:
1067 (i) an ancillary service;
1068 (ii) computer software; or
1069 (iii) a telecommunications service.
1070 [
1071 (i) artificially replace a missing portion of the body;
1072 (ii) prevent or correct a physical deformity or physical malfunction; or
1073 (iii) support a weak or deformed portion of the body.
1074 (b) "Prosthetic device" includes:
1075 (i) parts used in the repairs or renovation of a prosthetic device;
1076 (ii) replacement parts for a prosthetic device;
1077 (iii) a dental prosthesis; or
1078 (iv) a hearing aid.
1079 (c) "Prosthetic device" does not include:
1080 (i) corrective eyeglasses; or
1081 (ii) contact lenses.
1082 [
1083 (i) for human wear; and
1084 (ii) that is:
1085 (A) designed as protection:
1086 (I) to the wearer against injury or disease; or
1087 (II) against damage or injury of other persons or property; and
1088 (B) not suitable for general use.
1089 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1090 commission shall make rules:
1091 (i) listing the items that constitute "protective equipment"; and
1092 (ii) that are consistent with the list of items that constitute "protective equipment"
1093 under the agreement.
1094 [
1095 written or printed matter, other than a photocopy:
1096 (i) regardless of:
1097 (A) characteristics;
1098 (B) copyright;
1099 (C) form;
1100 (D) format;
1101 (E) method of reproduction; or
1102 (F) source; and
1103 (ii) made available in printed or electronic format.
1104 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1105 commission may by rule define the term "photocopy."
1106 [
1107 consideration:
1108 (i) valued in money; and
1109 (ii) for which tangible personal property, a product transferred electronically, or
1110 services are:
1111 (A) sold;
1112 (B) leased; or
1113 (C) rented.
1114 (b) "Purchase price" and "sales price" include:
1115 (i) the seller's cost of the tangible personal property, a product transferred
1116 electronically, or services sold;
1117 (ii) expenses of the seller, including:
1118 (A) the cost of materials used;
1119 (B) a labor cost;
1120 (C) a service cost;
1121 (D) interest;
1122 (E) a loss;
1123 (F) the cost of transportation to the seller; or
1124 (G) a tax imposed on the seller;
1125 (iii) a charge by the seller for any service necessary to complete the sale; or
1126 (iv) consideration a seller receives from a person other than the purchaser if:
1127 (A) (I) the seller actually receives consideration from a person other than the purchaser;
1128 and
1129 (II) the consideration described in Subsection [
1130 related to a price reduction or discount on the sale;
1131 (B) the seller has an obligation to pass the price reduction or discount through to the
1132 purchaser;
1133 (C) the amount of the consideration attributable to the sale is fixed and determinable by
1134 the seller at the time of the sale to the purchaser; and
1135 (D) (I) (Aa) the purchaser presents a certificate, coupon, or other documentation to the
1136 seller to claim a price reduction or discount; and
1137 (Bb) a person other than the seller authorizes, distributes, or grants the certificate,
1138 coupon, or other documentation with the understanding that the person other than the seller
1139 will reimburse any seller to whom the certificate, coupon, or other documentation is presented;
1140 (II) the purchaser identifies that purchaser to the seller as a member of a group or
1141 organization allowed a price reduction or discount, except that a preferred customer card that is
1142 available to any patron of a seller does not constitute membership in a group or organization
1143 allowed a price reduction or discount; or
1144 (III) the price reduction or discount is identified as a third party price reduction or
1145 discount on the:
1146 (Aa) invoice the purchaser receives; or
1147 (Bb) certificate, coupon, or other documentation the purchaser presents.
1148 (c) "Purchase price" and "sales price" do not include:
1149 (i) a discount:
1150 (A) in a form including:
1151 (I) cash;
1152 (II) term; or
1153 (III) coupon;
1154 (B) that is allowed by a seller;
1155 (C) taken by a purchaser on a sale; and
1156 (D) that is not reimbursed by a third party; or
1157 (ii) subject to Subsections 59-12-103(2)(e)(ii) and (2)(f)(i), the following if separately
1158 stated on an invoice, bill of sale, or similar document provided to the purchaser at the time of
1159 sale or later, as demonstrated by the books and records the seller keeps at the time of the
1160 transaction in the regular course of business, including books and records the seller keeps at the
1161 time of the transaction in the regular course of business for nontax purposes, by a
1162 preponderance of the facts and circumstances at the time of the transaction, and by the
1163 understanding of all of the parties to the transaction:
1164 (A) the following from credit extended on the sale of tangible personal property or
1165 services:
1166 (I) a carrying charge;
1167 (II) a financing charge; or
1168 (III) an interest charge;
1169 (B) a delivery charge;
1170 (C) an installation charge;
1171 (D) a manufacturer rebate on a motor vehicle; or
1172 (E) a tax or fee legally imposed directly on the consumer.
1173 [
1174 (a) a sale of tangible personal property is made;
1175 (b) a product is transferred electronically; or
1176 (c) a service is furnished.
1177 [
1178 (a) houses a group of networked server computers in one physical location in order to
1179 disseminate, manage, and store data and information;
1180 (b) is located in the state;
1181 (c) is a new operation constructed on or after July 1, 2016;
1182 (d) consists of one or more buildings that total 150,000 or more square feet;
1183 (e) is owned or leased by:
1184 (i) the operator of the data center facility; or
1185 (ii) a person under common ownership, as defined in Section 59-7-101, of the operator
1186 of the data center facility; and
1187 (f) is located on one or more parcels of land that are owned or leased by:
1188 (i) the operator of the data center facility; or
1189 (ii) a person under common ownership, as defined in Section 59-7-101, of the operator
1190 of the data center facility.
1191 [
1192 (a) rented to a guest for value three or more times during a calendar year; or
1193 (b) advertised or held out to the public as a place that is regularly rented to guests for
1194 value.
1195 [
1196 [
1197 renovations of tangible personal property" means:
1198 (i) a repair or renovation of tangible personal property that is not permanently attached
1199 to real property; or
1200 (ii) attaching tangible personal property or a product transferred electronically to other
1201 tangible personal property or detaching tangible personal property or a product transferred
1202 electronically from other tangible personal property if:
1203 (A) the other tangible personal property to which the tangible personal property or
1204 product transferred electronically is attached or from which the tangible personal property or
1205 product transferred electronically is detached is not permanently attached to real property; and
1206 (B) the attachment of tangible personal property or a product transferred electronically
1207 to other tangible personal property or detachment of tangible personal property or a product
1208 transferred electronically from other tangible personal property is made in conjunction with a
1209 repair or replacement of tangible personal property or a product transferred electronically.
1210 (b) "Repairs or renovations of tangible personal property" does not include:
1211 (i) attaching prewritten computer software to other tangible personal property if the
1212 other tangible personal property to which the prewritten computer software is attached is not
1213 permanently attached to real property; or
1214 (ii) detaching prewritten computer software from other tangible personal property if the
1215 other tangible personal property from which the prewritten computer software is detached is
1216 not permanently attached to real property.
1217 [
1218 experimentation aimed at the discovery of facts, devices, technologies, or applications and the
1219 process of preparing those devices, technologies, or applications for marketing.
1220 [
1221 telecommunications service or an ancillary service that is provided to an individual for personal
1222 use:
1223 (i) at a residential address; or
1224 (ii) at an institution, including a nursing home or a school, if the telecommunications
1225 service or ancillary service is provided to and paid for by the individual residing at the
1226 institution rather than the institution.
1227 (b) For purposes of Subsection [
1228 (i) apartment; or
1229 (ii) other individual dwelling unit.
1230 [
1231 sleeping quarters, and similar facilities or accommodations.
1232 [
1233 other than:
1234 (a) resale;
1235 (b) sublease; or
1236 (c) subrent.
1237 [
1238 the United States or federal law, that is engaged in a regularly organized business in tangible
1239 personal property or any other taxable transaction under Subsection 59-12-103(1), and [
1240 that is selling to the user or consumer and not for resale.
1241 (b) "Retailer" includes commission merchants, auctioneers, and any person regularly
1242 engaged in the business of selling to users or consumers within the state.
1243 [
1244 otherwise, in any manner, of tangible personal property or any other taxable transaction under
1245 Subsection 59-12-103(1), for consideration.
1246 (b) "Sale" includes:
1247 (i) installment and credit sales;
1248 (ii) any closed transaction constituting a sale;
1249 (iii) any sale of electrical energy, gas, services, or entertainment taxable under this
1250 chapter;
1251 (iv) any transaction if the possession of property is transferred but the seller retains the
1252 title as security for the payment of the price; and
1253 (v) any transaction under which right to possession, operation, or use of any article of
1254 tangible personal property is granted under a lease or contract and the transfer of possession
1255 would be taxable if an outright sale were made.
1256 [
1257 [
1258 [
1259 tangible personal property or a product transferred electronically that is subject to a tax under
1260 this chapter is transferred:
1261 (a) by a purchaser-lessee;
1262 (b) to a lessor;
1263 (c) for consideration; and
1264 (d) if:
1265 (i) the purchaser-lessee paid sales and use tax on the purchaser-lessee's initial purchase
1266 of the tangible personal property or product transferred electronically;
1267 (ii) the sale of the tangible personal property or product transferred electronically to the
1268 lessor is intended as a form of financing:
1269 (A) for the tangible personal property or product transferred electronically; and
1270 (B) to the purchaser-lessee; and
1271 (iii) in accordance with generally accepted accounting principles, the purchaser-lessee
1272 is required to:
1273 (A) capitalize the tangible personal property or product transferred electronically for
1274 financial reporting purposes; and
1275 (B) account for the lease payments as payments made under a financing arrangement.
1276 [
1277 [
1278 [
1279 paid to, or amounts charged by a school:
1280 (i) sales that are directly related to the school's educational functions or activities
1281 including:
1282 (A) the sale of:
1283 (I) textbooks;
1284 (II) textbook fees;
1285 (III) laboratory fees;
1286 (IV) laboratory supplies; or
1287 (V) safety equipment;
1288 (B) the sale of a uniform, protective equipment, or sports or recreational equipment
1289 that:
1290 (I) a student is specifically required to wear as a condition of participation in a
1291 school-related event or school-related activity; and
1292 (II) is not readily adaptable to general or continued usage to the extent that it takes the
1293 place of ordinary clothing;
1294 (C) sales of the following if the net or gross [
1295 are deposited into a school district fund or school fund dedicated to school meals:
1296 (I) food and food ingredients; or
1297 (II) prepared food; or
1298 (D) transportation charges for official school activities; or
1299 (ii) amounts paid to or amounts charged by a school for admission to a school-related
1300 event or school-related activity.
1301 (b) "Sales relating to schools" does not include:
1302 (i) bookstore sales of items that are not educational materials or supplies;
1303 (ii) except as provided in Subsection [
1304 (A) clothing;
1305 (B) clothing accessories or equipment;
1306 (C) protective equipment; or
1307 (D) sports or recreational equipment; or
1308 (iii) amounts paid to or amounts charged by a school for admission to a school-related
1309 event or school-related activity if the amounts paid or charged are passed through to a person:
1310 (A) other than a:
1311 (I) school;
1312 (II) nonprofit organization authorized by a school board or a governing body of a
1313 private school to organize and direct a competitive secondary school activity; or
1314 (III) nonprofit association authorized by a school board or a governing body of a
1315 private school to organize and direct a competitive secondary school activity; and
1316 (B) that is required to collect sales and use taxes under this chapter.
1317 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1318 commission may make rules defining the term "passed through."
1319 [
1320 (a) an elementary school or a secondary school that:
1321 (i) is a:
1322 (A) public school; or
1323 (B) private school; and
1324 (ii) provides instruction for one or more grades kindergarten through 12; or
1325 (b) a public school district.
1326 [
1327 (i) tangible personal property;
1328 (ii) a product transferred electronically; or
1329 (iii) a service.
1330 (b) "Seller" includes a marketplace facilitator.
1331 [
1332 materials" means tangible personal property or a product transferred electronically if the
1333 tangible personal property or product transferred electronically is:
1334 (i) used primarily in the process of:
1335 (A) (I) manufacturing a semiconductor;
1336 (II) fabricating a semiconductor; or
1337 (III) research or development of a:
1338 (Aa) semiconductor; or
1339 (Bb) semiconductor manufacturing process; or
1340 (B) maintaining an environment suitable for a semiconductor; or
1341 (ii) consumed primarily in the process of:
1342 (A) (I) manufacturing a semiconductor;
1343 (II) fabricating a semiconductor; or
1344 (III) research or development of a:
1345 (Aa) semiconductor; or
1346 (Bb) semiconductor manufacturing process; or
1347 (B) maintaining an environment suitable for a semiconductor.
1348 (b) "Semiconductor fabricating, processing, research, or development materials"
1349 includes:
1350 (i) parts used in the repairs or renovations of tangible personal property or a product
1351 transferred electronically described in Subsection [
1352 (ii) a chemical, catalyst, or other material used to:
1353 (A) produce or induce in a semiconductor a:
1354 (I) chemical change; or
1355 (II) physical change;
1356 (B) remove impurities from a semiconductor; or
1357 (C) improve the marketable condition of a semiconductor.
1358 [
1359 providing services to the aged as defined in Section 62A-3-101.
1360 [
1361 lodging consumable" means tangible personal property that:
1362 (i) a business that provides accommodations and services described in Subsection
1363 59-12-103(1)(i) purchases as part of a transaction to provide the accommodations and services
1364 to a purchaser;
1365 (ii) is intended to be consumed by the purchaser; and
1366 (iii) is:
1367 (A) included in the purchase price of the accommodations and services; and
1368 (B) not separately stated on an invoice, bill of sale, or other similar document provided
1369 to the purchaser.
1370 (b) "Short-term lodging consumable" includes:
1371 (i) a beverage;
1372 (ii) a brush or comb;
1373 (iii) a cosmetic;
1374 (iv) a hair care product;
1375 (v) lotion;
1376 (vi) a magazine;
1377 (vii) makeup;
1378 (viii) a meal;
1379 (ix) mouthwash;
1380 (x) nail polish remover;
1381 (xi) a newspaper;
1382 (xii) a notepad;
1383 (xiii) a pen;
1384 (xiv) a pencil;
1385 (xv) a razor;
1386 (xvi) saline solution;
1387 (xvii) a sewing kit;
1388 (xviii) shaving cream;
1389 (xix) a shoe shine kit;
1390 (xx) a shower cap;
1391 (xxi) a snack item;
1392 (xxii) soap;
1393 (xxiii) toilet paper;
1394 (xxiv) a toothbrush;
1395 (xxv) toothpaste; or
1396 (xxvi) an item similar to Subsections [
1397 commission may provide by rule made in accordance with Title 63G, Chapter 3, Utah
1398 Administrative Rulemaking Act.
1399 (c) "Short-term lodging consumable" does not include:
1400 (i) tangible personal property that is cleaned or washed to allow the tangible personal
1401 property to be reused; or
1402 (ii) a product transferred electronically.
1403 [
1404 (a) described in Section 318(C) of the agreement; and
1405 (b) approved by the governing board of the agreement.
1406 [
1407 producing electricity.
1408 [
1409 (i) designed for human use; and
1410 (ii) that is:
1411 (A) worn in conjunction with:
1412 (I) an athletic activity; or
1413 (II) a recreational activity; and
1414 (B) not suitable for general use.
1415 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1416 commission shall make rules:
1417 (i) listing the items that constitute "sports or recreational equipment"; and
1418 (ii) that are consistent with the list of items that constitute "sports or recreational
1419 equipment" under the agreement.
1420 [
1421 [
1422 any other taxable transaction under Subsection 59-12-103(1), in this state for any purpose
1423 except sale in the regular course of business.
1424 [
1425 "Tangible personal property" means personal property that:
1426 (i) may be:
1427 (A) seen;
1428 (B) weighed;
1429 (C) measured;
1430 (D) felt; or
1431 (E) touched; or
1432 (ii) is in any manner perceptible to the senses.
1433 (b) "Tangible personal property" includes:
1434 (i) electricity;
1435 (ii) water;
1436 (iii) gas;
1437 (iv) steam; or
1438 (v) prewritten computer software, regardless of the manner in which the prewritten
1439 computer software is transferred.
1440 (c) "Tangible personal property" includes the following regardless of whether the item
1441 is attached to real property:
1442 (i) a dishwasher;
1443 (ii) a dryer;
1444 (iii) a freezer;
1445 (iv) a microwave;
1446 (v) a refrigerator;
1447 (vi) a stove;
1448 (vii) a washer; or
1449 (viii) an item similar to Subsections [
1450 the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1451 Rulemaking Act.
1452 (d) "Tangible personal property" does not include a product that is transferred
1453 electronically.
1454 (e) "Tangible personal property" does not include the following if attached to real
1455 property, regardless of whether the attachment to real property is only through a line that
1456 supplies water, electricity, gas, telephone, cable, or supplies a similar item as determined by the
1457 commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative
1458 Rulemaking Act:
1459 (i) a hot water heater;
1460 (ii) a water filtration system; or
1461 (iii) a water softener system.
1462 [
1463 or software" means an item listed in Subsection [
1464 leased primarily to enable or facilitate one or more of the following to function:
1465 (i) telecommunications switching or routing equipment, machinery, or software; or
1466 (ii) telecommunications transmission equipment, machinery, or software.
1467 (b) The following apply to Subsection [
1468 (i) a pole;
1469 (ii) software;
1470 (iii) a supplementary power supply;
1471 (iv) temperature or environmental equipment or machinery;
1472 (v) test equipment;
1473 (vi) a tower; or
1474 (vii) equipment, machinery, or software that functions similarly to an item listed in
1475 Subsections [
1476 accordance with Subsection [
1477 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1478 commission may by rule define what constitutes equipment, machinery, or software that
1479 functions similarly to an item listed in Subsections [
1480 [
1481 911 service" means equipment, machinery, or software that is required to comply with 47
1482 C.F.R. Sec. 20.18.
1483 [
1484 software" means equipment, machinery, or software purchased or leased primarily to maintain
1485 or repair one or more of the following, regardless of whether the equipment, machinery, or
1486 software is purchased or leased as a spare part or as an upgrade or modification to one or more
1487 of the following:
1488 (a) telecommunications enabling or facilitating equipment, machinery, or software;
1489 (b) telecommunications switching or routing equipment, machinery, or software; or
1490 (c) telecommunications transmission equipment, machinery, or software.
1491 [
1492 routing, or transmission of audio, data, video, voice, or any other information or signal to a
1493 point, or among or between points.
1494 (b) "Telecommunications service" includes:
1495 (i) an electronic conveyance, routing, or transmission with respect to which a computer
1496 processing application is used to act:
1497 (A) on the code, form, or protocol of the content;
1498 (B) for the purpose of electronic conveyance, routing, or transmission; and
1499 (C) regardless of whether the service:
1500 (I) is referred to as voice over Internet protocol service; or
1501 (II) is classified by the Federal Communications Commission as enhanced or value
1502 added;
1503 (ii) an 800 service;
1504 (iii) a 900 service;
1505 (iv) a fixed wireless service;
1506 (v) a mobile wireless service;
1507 (vi) a postpaid calling service;
1508 (vii) a prepaid calling service;
1509 (viii) a prepaid wireless calling service; or
1510 (ix) a private communications service.
1511 (c) "Telecommunications service" does not include:
1512 (i) advertising, including directory advertising;
1513 (ii) an ancillary service;
1514 (iii) a billing and collection service provided to a third party;
1515 (iv) a data processing and information service if:
1516 (A) the data processing and information service allows data to be:
1517 (I) (Aa) acquired;
1518 (Bb) generated;
1519 (Cc) processed;
1520 (Dd) retrieved; or
1521 (Ee) stored; and
1522 (II) delivered by an electronic transmission to a purchaser; and
1523 (B) the purchaser's primary purpose for the underlying transaction is the processed data
1524 or information;
1525 (v) installation or maintenance of the following on a customer's premises:
1526 (A) equipment; or
1527 (B) wiring;
1528 (vi) Internet access service;
1529 (vii) a paging service;
1530 (viii) a product transferred electronically, including:
1531 (A) music;
1532 (B) reading material;
1533 (C) a ring tone;
1534 (D) software; or
1535 (E) video;
1536 (ix) a radio and television audio and video programming service:
1537 (A) regardless of the medium; and
1538 (B) including:
1539 (I) furnishing conveyance, routing, or transmission of a television audio and video
1540 programming service by a programming service provider;
1541 (II) cable service as defined in 47 U.S.C. Sec. 522(6); or
1542 (III) audio and video programming services delivered by a commercial mobile radio
1543 service provider as defined in 47 C.F.R. Sec. 20.3;
1544 (x) a value-added nonvoice data service; or
1545 (xi) tangible personal property.
1546 [
1547 (i) owns, controls, operates, or manages a telecommunications service; and
1548 (ii) engages in an activity described in Subsection [
1549 with or resale to any person of the telecommunications service.
1550 (b) A person described in Subsection [
1551 provider whether or not the Public Service Commission of Utah regulates:
1552 (i) that person; or
1553 (ii) the telecommunications service that the person owns, controls, operates, or
1554 manages.
1555 [
1556 software" means an item listed in Subsection [
1557 leased primarily for switching or routing:
1558 (i) an ancillary service;
1559 (ii) data communications;
1560 (iii) voice communications; or
1561 (iv) telecommunications service.
1562 (b) The following apply to Subsection [
1563 (i) a bridge;
1564 (ii) a computer;
1565 (iii) a cross connect;
1566 (iv) a modem;
1567 (v) a multiplexer;
1568 (vi) plug in circuitry;
1569 (vii) a router;
1570 (viii) software;
1571 (ix) a switch; or
1572 (x) equipment, machinery, or software that functions similarly to an item listed in
1573 Subsections [
1574 accordance with Subsection [
1575 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1576 commission may by rule define what constitutes equipment, machinery, or software that
1577 functions similarly to an item listed in Subsections [
1578 [
1579 software" means an item listed in Subsection [
1580 leased primarily for sending, receiving, or transporting:
1581 (i) an ancillary service;
1582 (ii) data communications;
1583 (iii) voice communications; or
1584 (iv) telecommunications service.
1585 (b) The following apply to Subsection [
1586 (i) an amplifier;
1587 (ii) a cable;
1588 (iii) a closure;
1589 (iv) a conduit;
1590 (v) a controller;
1591 (vi) a duplexer;
1592 (vii) a filter;
1593 (viii) an input device;
1594 (ix) an input/output device;
1595 (x) an insulator;
1596 (xi) microwave machinery or equipment;
1597 (xii) an oscillator;
1598 (xiii) an output device;
1599 (xiv) a pedestal;
1600 (xv) a power converter;
1601 (xvi) a power supply;
1602 (xvii) a radio channel;
1603 (xviii) a radio receiver;
1604 (xix) a radio transmitter;
1605 (xx) a repeater;
1606 (xxi) software;
1607 (xxii) a terminal;
1608 (xxiii) a timing unit;
1609 (xxiv) a transformer;
1610 (xxv) a wire; or
1611 (xxvi) equipment, machinery, or software that functions similarly to an item listed in
1612 Subsections [
1613 accordance with Subsection [
1614 (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1615 commission may by rule define what constitutes equipment, machinery, or software that
1616 functions similarly to an item listed in Subsections [
1617 [
1618 printed material that is required for a course:
1619 (i) offered by an institution of higher education; and
1620 (ii) that the purchaser of the textbook or other printed material attends or will attend.
1621 (b) "Textbook for a higher education course" includes a textbook in electronic format.
1622 [
1623 (a) a cigarette;
1624 (b) a cigar;
1625 (c) chewing tobacco;
1626 (d) pipe tobacco; or
1627 (e) any other item that contains tobacco.
1628 [
1629 device, or ride device that is started and stopped by the purchaser or renter of the right to use or
1630 operate the amusement device, skill device, or ride device.
1631 [
1632 property, a product transferred electronically, or a service under Subsection 59-12-103(1),
1633 incident to the ownership or the leasing of that tangible personal property, product transferred
1634 electronically, or service.
1635 (b) "Use" does not include the sale, display, demonstration, or trial of tangible personal
1636 property, a product transferred electronically, or a service in the regular course of business and
1637 held for resale.
1638 [
1639 (a) that otherwise meets the definition of a telecommunications service except that a
1640 computer processing application is used to act primarily for a purpose other than conveyance,
1641 routing, or transmission; and
1642 (b) with respect to which a computer processing application is used to act on data or
1643 information:
1644 (i) code;
1645 (ii) content;
1646 (iii) form; or
1647 (iv) protocol.
1648 [
1649 that are required to be titled, registered, or titled and registered:
1650 (i) an aircraft as defined in Section 72-10-102;
1651 (ii) a vehicle as defined in Section 41-1a-102;
1652 (iii) an off-highway vehicle as defined in Section 41-22-2; or
1653 (iv) a vessel as defined in Section 41-1a-102.
1654 (b) For purposes of Subsection 59-12-104(33) only, "vehicle" includes:
1655 (i) a vehicle described in Subsection [
1656 (ii) (A) a locomotive;
1657 (B) a freight car;
1658 (C) railroad work equipment; or
1659 (D) other railroad rolling stock.
1660 [
1661 selling, or exchanging a vehicle as defined in Subsection [
1662 [
1663 (i) is offered in connection with one or more telecommunications services; and
1664 (ii) offers an advanced calling feature that allows a customer to:
1665 (A) identify a caller; and
1666 (B) manage multiple calls and call connections.
1667 (b) "Vertical service" includes an ancillary service that allows a customer to manage a
1668 conference bridging service.
1669 [
1670 customer to receive, send, or store a recorded message.
1671 (b) "Voice mail service" does not include a vertical service that a customer is required
1672 to have in order to utilize a voice mail service.
1673 [
1674 facility" means a facility that generates electricity:
1675 (i) using as the primary source of energy waste materials that would be placed in a
1676 landfill or refuse pit if it were not used to generate electricity, including:
1677 (A) tires;
1678 (B) waste coal;
1679 (C) oil shale; or
1680 (D) municipal solid waste; and
1681 (ii) in amounts greater than actually required for the operation of the facility.
1682 (b) "Waste energy facility" does not include a facility that incinerates:
1683 (i) hospital waste as defined in 40 C.F.R. 60.51c; or
1684 (ii) medical/infectious waste as defined in 40 C.F.R. 60.51c.
1685 [
1686 [
1687 electricity.
1688 [
1689 geographic location by the United States Postal Service.
1690 Section 2. Section 59-12-104 is amended to read:
1691 59-12-104. Exemptions.
1692 Exemptions from the taxes imposed by this chapter are as follows:
1693 (1) sales of aviation fuel, motor fuel, and special fuel subject to a Utah state excise tax
1694 under Chapter 13, Motor and Special Fuel Tax Act;
1695 (2) subject to Section 59-12-104.6, sales to the state, its institutions, and its political
1696 subdivisions; however, this exemption does not apply to sales of:
1697 (a) construction materials except:
1698 (i) construction materials purchased by or on behalf of institutions of the public
1699 education system as defined in Utah Constitution, Article X, Section 2, provided the
1700 construction materials are clearly identified and segregated and installed or converted to real
1701 property which is owned by institutions of the public education system; and
1702 (ii) construction materials purchased by the state, its institutions, or its political
1703 subdivisions which are installed or converted to real property by employees of the state, its
1704 institutions, or its political subdivisions; or
1705 (b) tangible personal property in connection with the construction, operation,
1706 maintenance, repair, or replacement of a project, as defined in Section 11-13-103, or facilities
1707 providing additional project capacity, as defined in Section 11-13-103;
1708 (3) (a) sales of an item described in Subsection (3)(b) from a vending machine if:
1709 (i) the proceeds of each sale do not exceed $1; and
1710 (ii) the seller or operator of the vending machine reports an amount equal to 150% of
1711 the cost of the item described in Subsection (3)(b) as goods consumed; and
1712 (b) Subsection (3)(a) applies to:
1713 (i) food and food ingredients; or
1714 (ii) prepared food;
1715 (4) (a) sales of the following to a commercial airline carrier for in-flight consumption:
1716 (i) alcoholic beverages;
1717 (ii) food and food ingredients; or
1718 (iii) prepared food;
1719 (b) sales of tangible personal property or a product transferred electronically:
1720 (i) to a passenger;
1721 (ii) by a commercial airline carrier; and
1722 (iii) during a flight for in-flight consumption or in-flight use by the passenger; or
1723 (c) services related to Subsection (4)(a) or (b);
1724 [
1725
1726 [
1727
1728
1729 [
1730 [
1731
1732 [
1733 [
1734 [
1735
1736 [
1737
1738 [
1739
1740
1741 [
1742 [
1743 [
1744
1745 [
1746 [
1747 [
1748
1749 (5) sales of parts and equipment for installation in an aircraft operated by a common
1750 carrier in interstate or foreign commerce;
1751 (6) sales of commercials, motion picture films, prerecorded audio program tapes or
1752 records, and prerecorded video tapes by a producer, distributor, or studio to a motion picture
1753 exhibitor, distributor, or commercial television or radio broadcaster;
1754 (7) (a) except as provided in Subsection (85) and subject to Subsection (7)(b), sales of
1755 cleaning or washing of tangible personal property if the cleaning or washing of the tangible
1756 personal property is not assisted cleaning or washing of tangible personal property;
1757 (b) if a seller that sells at the same business location assisted cleaning or washing of
1758 tangible personal property and cleaning or washing of tangible personal property that is not
1759 assisted cleaning or washing of tangible personal property, the exemption described in
1760 Subsection (7)(a) applies if the seller separately accounts for the sales of the assisted cleaning
1761 or washing of the tangible personal property; and
1762 (c) for purposes of Subsection (7)(b) and in accordance with Title 63G, Chapter 3,
1763 Utah Administrative Rulemaking Act, the commission may make rules:
1764 (i) governing the circumstances under which sales are at the same business location;
1765 and
1766 (ii) establishing the procedures and requirements for a seller to separately account for
1767 sales of assisted cleaning or washing of tangible personal property;
1768 (8) sales made to or by religious or charitable institutions in the conduct of their regular
1769 religious or charitable functions and activities, if the requirements of Section 59-12-104.1 are
1770 fulfilled;
1771 (9) sales of a vehicle of a type required to be registered under the motor vehicle laws of
1772 this state if the vehicle is:
1773 (a) not registered in this state; and
1774 (b) (i) not used in this state; or
1775 (ii) used in this state:
1776 (A) if the vehicle is not used to conduct business, for a time period that does not
1777 exceed the longer of:
1778 (I) 30 days in any calendar year; or
1779 (II) the time period necessary to transport the vehicle to the borders of this state; or
1780 (B) if the vehicle is used to conduct business, for the time period necessary to transport
1781 the vehicle to the borders of this state;
1782 (10) [
1783 (a) feminine hygiene products; or
1784 (b) a drug, syringe, or stoma supply if:
1785 (i) the item is intended for human use; and
1786 (ii) (A) a prescription was issued for the item; or
1787 (B) the item was purchased by a hospital or other medical facility; [
1788 [
1789 [
1790 [
1791 [
1792 [
1793
1794 [
1795 [
1796 (11) purchases or leases exempt under Section 19-12-201;
1797 (12) (a) sales of an item described in Subsection (12)(c) served by:
1798 (i) the following if the item described in Subsection (12)(c) is not available to the
1799 general public:
1800 (A) a church; or
1801 (B) a charitable institution; or
1802 (ii) an institution of higher education if:
1803 (A) the item described in Subsection (12)(c) is not available to the general public; or
1804 (B) the item described in Subsection (12)(c) is prepaid as part of a student meal plan
1805 offered by the institution of higher education; or
1806 (b) sales of an item described in Subsection (12)(c) provided for a patient by:
1807 (i) a medical facility; or
1808 (ii) a nursing facility; and
1809 (c) Subsections (12)(a) and (b) apply to:
1810 (i) food and food ingredients;
1811 (ii) prepared food; or
1812 (iii) alcoholic beverages;
1813 (13) (a) except as provided in Subsection (13)(b), the sale of tangible personal property
1814 or a product transferred electronically by a person:
1815 (i) regardless of the number of transactions involving the sale of that tangible personal
1816 property or product transferred electronically by that person; and
1817 (ii) not regularly engaged in the business of selling that type of tangible personal
1818 property or product transferred electronically;
1819 (b) this Subsection (13) does not apply if:
1820 (i) the sale is one of a series of sales of a character to indicate that the person is
1821 regularly engaged in the business of selling that type of tangible personal property or product
1822 transferred electronically;
1823 (ii) the person holds that person out as regularly engaged in the business of selling that
1824 type of tangible personal property or product transferred electronically;
1825 (iii) the person sells an item of tangible personal property or product transferred
1826 electronically that the person purchased as a sale that is exempt under Subsection (25); or
1827 (iv) the sale is of a vehicle or vessel required to be titled or registered under the laws of
1828 this state in which case the tax is based upon:
1829 (A) the bill of sale or other written evidence of value of the vehicle or vessel being
1830 sold; or
1831 (B) in the absence of a bill of sale or other written evidence of value, the fair market
1832 value of the vehicle or vessel being sold at the time of the sale as determined by the
1833 commission; and
1834 (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1835 commission shall make rules establishing the circumstances under which:
1836 (i) a person is regularly engaged in the business of selling a type of tangible personal
1837 property or product transferred electronically;
1838 (ii) a sale of tangible personal property or a product transferred electronically is one of
1839 a series of sales of a character to indicate that a person is regularly engaged in the business of
1840 selling that type of tangible personal property or product transferred electronically; or
1841 (iii) a person holds that person out as regularly engaged in the business of selling a type
1842 of tangible personal property or product transferred electronically;
1843 (14) amounts paid or charged for a purchase or lease of machinery, equipment, normal
1844 operating repair or replacement parts, or materials, except for office equipment or office
1845 supplies, by:
1846 (a) a manufacturing facility that:
1847 (i) is located in the state; and
1848 (ii) uses or consumes the machinery, equipment, normal operating repair or
1849 replacement parts, or materials:
1850 (A) in the manufacturing process to manufacture an item sold as tangible personal
1851 property, as the commission may define that phrase in accordance with Title 63G, Chapter 3,
1852 Utah Administrative Rulemaking Act; or
1853 (B) for a scrap recycler, to process an item sold as tangible personal property, as the
1854 commission may define that phrase in accordance with Title 63G, Chapter 3, Utah
1855 Administrative Rulemaking Act;
1856 (b) an establishment, as the commission defines that term in accordance with Title
1857 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
1858 (i) is described in NAICS Subsector 212, Mining (except Oil and Gas), or NAICS
1859 Code 213113, Support Activities for Coal Mining, 213114, Support Activities for Metal
1860 Mining, or 213115, Support Activities for Nonmetallic Minerals (except Fuels) Mining, of the
1861 2002 North American Industry Classification System of the federal Executive Office of the
1862 President, Office of Management and Budget;
1863 (ii) is located in the state; and
1864 (iii) uses or consumes the machinery, equipment, normal operating repair or
1865 replacement parts, or materials in:
1866 (A) the production process to produce an item sold as tangible personal property, as the
1867 commission may define that phrase in accordance with Title 63G, Chapter 3, Utah
1868 Administrative Rulemaking Act;
1869 (B) research and development, as the commission may define that phrase in accordance
1870 with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
1871 (C) transporting, storing, or managing tailings, overburden, or similar waste materials
1872 produced from mining;
1873 (D) developing or maintaining a road, tunnel, excavation, or similar feature used in
1874 mining; or
1875 (E) preventing, controlling, or reducing dust or other pollutants from mining; or
1876 (c) an establishment, as the commission defines that term in accordance with Title 63G,
1877 Chapter 3, Utah Administrative Rulemaking Act, that:
1878 (i) is described in NAICS Code 518112, Web Search Portals, of the 2002 North
1879 American Industry Classification System of the federal Executive Office of the President,
1880 Office of Management and Budget;
1881 (ii) is located in the state; and
1882 (iii) uses or consumes the machinery, equipment, normal operating repair or
1883 replacement parts, or materials in the operation of the web search portal;
1884 (15) (a) sales of the following if the requirements of Subsection (15)(b) are met:
1885 (i) tooling;
1886 (ii) special tooling;
1887 (iii) support equipment;
1888 (iv) special test equipment; or
1889 (v) parts used in the repairs or renovations of tooling or equipment described in
1890 Subsections (15)(a)(i) through (iv); and
1891 (b) sales of tooling, equipment, or parts described in Subsection (15)(a) are exempt if:
1892 (i) the tooling, equipment, or parts are used or consumed exclusively in the
1893 performance of any aerospace or electronics industry contract with the United States
1894 government or any subcontract under that contract; and
1895 (ii) under the terms of the contract or subcontract described in Subsection (15)(b)(i),
1896 title to the tooling, equipment, or parts is vested in the United States government as evidenced
1897 by:
1898 (A) a government identification tag placed on the tooling, equipment, or parts; or
1899 (B) listing on a government-approved property record if placing a government
1900 identification tag on the tooling, equipment, or parts is impractical;
1901 (16) sales of newspapers or newspaper subscriptions;
1902 (17) (a) except as provided in Subsection (17)(b), tangible personal property or a
1903 product transferred electronically traded in as full or part payment of the purchase price, except
1904 that for purposes of calculating sales or use tax upon vehicles not sold by a vehicle dealer,
1905 trade-ins are limited to other vehicles only, and the tax is based upon:
1906 (i) the bill of sale or other written evidence of value of the vehicle being sold and the
1907 vehicle being traded in; or
1908 (ii) in the absence of a bill of sale or other written evidence of value, the then existing
1909 fair market value of the vehicle being sold and the vehicle being traded in, as determined by the
1910 commission; and
1911 (b) Subsection (17)(a) does not apply to the following items of tangible personal
1912 property or products transferred electronically traded in as full or part payment of the purchase
1913 price:
1914 (i) money;
1915 (ii) electricity;
1916 (iii) water;
1917 (iv) gas; or
1918 (v) steam;
1919 (18) (a) (i) except as provided in Subsection (18)(b), sales of tangible personal property
1920 or a product transferred electronically used or consumed primarily and directly in farming
1921 operations, regardless of whether the tangible personal property or product transferred
1922 electronically:
1923 (A) becomes part of real estate; or
1924 (B) is installed by a[
1925 [
1926 [
1927 [
1928 (ii) sales of parts used in the repairs or renovations of tangible personal property or a
1929 product transferred electronically if the tangible personal property or product transferred
1930 electronically is exempt under Subsection (18)(a)(i); and
1931 (b) amounts paid or charged for the following are subject to the taxes imposed by this
1932 chapter:
1933 (i) (A) subject to Subsection (18)(b)(i)(B), machinery, equipment, materials, or
1934 supplies if used in a manner that is incidental to farming; and
1935 (B) tangible personal property that is considered to be used in a manner that is
1936 incidental to farming includes:
1937 (I) hand tools; or
1938 (II) maintenance and janitorial equipment and supplies;
1939 (ii) (A) subject to Subsection (18)(b)(ii)(B), tangible personal property or a product
1940 transferred electronically if the tangible personal property or product transferred electronically
1941 is used in an activity other than farming; and
1942 (B) tangible personal property or a product transferred electronically that is considered
1943 to be used in an activity other than farming includes:
1944 (I) office equipment and supplies; or
1945 (II) equipment and supplies used in:
1946 (Aa) the sale or distribution of farm products;
1947 (Bb) research; or
1948 (Cc) transportation; or
1949 (iii) a vehicle required to be registered by the laws of this state during the period
1950 ending two years after the date of the vehicle's purchase;
1951 (19) sales of hay;
1952 (20) exclusive sale during the harvest season of seasonal crops, seedling plants, or
1953 garden, farm, or other agricultural produce if the seasonal crops are, seedling plants are, or
1954 garden, farm, or other agricultural produce is sold by:
1955 (a) the producer of the seasonal crops, seedling plants, or garden, farm, or other
1956 agricultural produce;
1957 (b) an employee of the producer described in Subsection (20)(a); or
1958 (c) a member of the immediate family of the producer described in Subsection (20)(a);
1959 (21) purchases made using a coupon as defined in 7 U.S.C. Sec. 2012 that is issued
1960 under the Food Stamp Program, 7 U.S.C. Sec. 2011 et seq.;
1961 (22) sales of nonreturnable containers, nonreturnable labels, nonreturnable bags,
1962 nonreturnable shipping cases, and nonreturnable casings to a manufacturer, processor,
1963 wholesaler, or retailer for use in packaging tangible personal property to be sold by that
1964 manufacturer, processor, wholesaler, or retailer;
1965 (23) a product stored in the state for resale;
1966 (24) (a) purchases of a product if:
1967 (i) the product is:
1968 (A) purchased outside of this state;
1969 (B) brought into this state:
1970 (I) at any time after the purchase described in Subsection (24)(a)(i)(A); and
1971 (II) by a nonresident person who is not living or working in this state at the time of the
1972 purchase;
1973 (C) used for the personal use or enjoyment of the nonresident person described in
1974 Subsection (24)(a)(i)(B)(II) while that nonresident person is within the state; and
1975 (D) not used in conducting business in this state; and
1976 (ii) for:
1977 (A) a product other than a boat described in Subsection (24)(a)(ii)(B), the first use of
1978 the product for a purpose for which the product is designed occurs outside of this state;
1979 (B) a boat, the boat is registered outside of this state; or
1980 (C) a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered
1981 outside of this state;
1982 (b) the exemption provided for in Subsection (24)(a) does not apply to:
1983 (i) a lease or rental of a product; or
1984 (ii) a sale of a vehicle exempt under Subsection (33); and
1985 (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
1986 purposes of Subsection (24)(a), the commission may by rule define what constitutes the
1987 following:
1988 (i) conducting business in this state if that phrase has the same meaning in this
1989 Subsection (24) as in Subsection (63);
1990 (ii) the first use of a product if that phrase has the same meaning in this Subsection (24)
1991 as in Subsection (63); or
1992 (iii) a purpose for which a product is designed if that phrase has the same meaning in
1993 this Subsection (24) as in Subsection (63);
1994 (25) a product purchased for resale in the regular course of business, either in its
1995 original form or as an ingredient or component part of a manufactured or compounded product;
1996 (26) a product upon which a sales or use tax was paid to some other state, or one of its
1997 subdivisions, except that the state shall be paid any difference between the tax paid and the tax
1998 imposed by this part and Part 2, Local Sales and Use Tax Act, and no adjustment is allowed if
1999 the tax paid was greater than the tax imposed by this part and Part 2, Local Sales and Use Tax
2000 Act;
2001 (27) any sale of a service described in Subsections 59-12-103(1)(b), (c), and (d) to a
2002 person for use in compounding a service taxable under the subsections;
2003 (28) purchases made in accordance with the special supplemental nutrition program for
2004 women, infants, and children established in 42 U.S.C. Sec. 1786;
2005 (29) sales or leases of rolls, rollers, refractory brick, electric motors, or other
2006 replacement parts used in the furnaces, mills, or ovens of a steel mill described in SIC Code
2007 3312 of the 1987 Standard Industrial Classification Manual of the federal Executive Office of
2008 the President, Office of Management and Budget;
2009 (30) sales of a boat of a type required to be registered under Title 73, Chapter 18, State
2010 Boating Act, a boat trailer, or an outboard motor if the boat, boat trailer, or outboard motor is:
2011 (a) not registered in this state; and
2012 (b) (i) not used in this state; or
2013 (ii) used in this state:
2014 (A) if the boat, boat trailer, or outboard motor is not used to conduct business, for a
2015 time period that does not exceed the longer of:
2016 (I) 30 days in any calendar year; or
2017 (II) the time period necessary to transport the boat, boat trailer, or outboard motor to
2018 the borders of this state; or
2019 (B) if the boat, boat trailer, or outboard motor is used to conduct business, for the time
2020 period necessary to transport the boat, boat trailer, or outboard motor to the borders of this
2021 state;
2022 (31) sales of aircraft manufactured in Utah;
2023 (32) amounts paid for the purchase of telecommunications service for purposes of
2024 providing telecommunications service;
2025 (33) sales, leases, or uses of the following:
2026 (a) a vehicle by an authorized carrier; or
2027 (b) tangible personal property that is installed on a vehicle:
2028 (i) sold or leased to or used by an authorized carrier; and
2029 (ii) before the vehicle is placed in service for the first time;
2030 (34) (a) 45% of the sales price of any new manufactured home; and
2031 (b) 100% of the sales price of any used manufactured home;
2032 (35) sales relating to schools and fundraising sales;
2033 (36) sales or rentals of durable medical equipment if:
2034 (a) a person presents a prescription for the durable medical equipment; and
2035 (b) the durable medical equipment is used for home use only;
2036 (37) (a) sales to a ski resort of electricity to operate a passenger ropeway as defined in
2037 Section 72-11-102; and
2038 (b) the commission shall by rule determine the method for calculating sales exempt
2039 under Subsection (37)(a) that are not separately metered and accounted for in utility billings;
2040 (38) sales to a ski resort of:
2041 (a) snowmaking equipment;
2042 (b) ski slope grooming equipment;
2043 (c) passenger ropeways as defined in Section 72-11-102; or
2044 (d) parts used in the repairs or renovations of equipment or passenger ropeways
2045 described in Subsections (38)(a) through (c);
2046 (39) subject to Subsection 59-12-103(2)(j), sales of natural gas, electricity, heat, coal,
2047 fuel oil, or other fuels for industrial use;
2048 (40) (a) subject to Subsection (40)(b), sales or rentals of the right to use or operate for
2049 amusement, entertainment, or recreation an unassisted amusement device as defined in Section
2050 59-12-102;
2051 (b) if a seller that sells or rents at the same business location the right to use or operate
2052 for amusement, entertainment, or recreation one or more unassisted amusement devices and
2053 one or more assisted amusement devices, the exemption described in Subsection (40)(a)
2054 applies if the seller separately accounts for the sales or rentals of the right to use or operate for
2055 amusement, entertainment, or recreation for the assisted amusement devices; and
2056 (c) for purposes of Subsection (40)(b) and in accordance with Title 63G, Chapter 3,
2057 Utah Administrative Rulemaking Act, the commission may make rules:
2058 (i) governing the circumstances under which sales are at the same business location;
2059 and
2060 (ii) establishing the procedures and requirements for a seller to separately account for
2061 the sales or rentals of the right to use or operate for amusement, entertainment, or recreation for
2062 assisted amusement devices;
2063 (41) (a) sales of photocopies by:
2064 (i) a governmental entity; or
2065 (ii) an entity within the state system of public education, including:
2066 (A) a school; or
2067 (B) the State Board of Education; or
2068 (b) sales of publications by a governmental entity;
2069 (42) amounts paid for admission to an athletic event at an institution of higher
2070 education that is subject to the provisions of Title IX of the Education Amendments of 1972,
2071 20 U.S.C. Sec. 1681 et seq.;
2072 (43) (a) sales made to or by:
2073 (i) an area agency on aging; or
2074 (ii) a senior citizen center owned by a county, city, or town; or
2075 (b) sales made by a senior citizen center that contracts with an area agency on aging;
2076 (44) sales or leases of semiconductor fabricating, processing, research, or development
2077 materials regardless of whether the semiconductor fabricating, processing, research, or
2078 development materials:
2079 (a) actually come into contact with a semiconductor; or
2080 (b) ultimately become incorporated into real property;
2081 (45) an amount paid by or charged to a purchaser for accommodations and services
2082 described in Subsection 59-12-103(1)(i) to the extent the amount is exempt under Section
2083 59-12-104.2;
2084 (46) [
2085 sports event registration certificate in accordance with Section 41-3-306 for the event period
2086 specified on the temporary sports event registration certificate;
2087 (47) (a) sales or uses of electricity, if the sales or uses are made under a retail tariff
2088 adopted by the Public Service Commission only for purchase of electricity produced from a
2089 new alternative energy source built after January 1, 2016, as designated in the tariff by the
2090 Public Service Commission; and
2091 (b) for a residential use customer only, the exemption under Subsection (47)(a) applies
2092 only to the portion of the tariff rate a customer pays under the tariff described in Subsection
2093 (47)(a) that exceeds the tariff rate under the tariff described in Subsection (47)(a) that the
2094 customer would have paid absent the tariff;
2095 (48) sales or rentals of mobility enhancing equipment if a person presents a
2096 prescription for the mobility enhancing equipment;
2097 (49) sales of water in a:
2098 (a) pipe;
2099 (b) conduit;
2100 (c) ditch; or
2101 (d) reservoir;
2102 (50) sales of currency or coins that constitute legal tender of a state, the United States,
2103 or a foreign nation;
2104 (51) (a) sales of an item described in Subsection (51)(b) if the item:
2105 (i) does not constitute legal tender of a state, the United States, or a foreign nation; and
2106 (ii) has a gold, silver, or platinum content of 50% or more; and
2107 (b) Subsection (51)(a) applies to a gold, silver, or platinum:
2108 (i) ingot;
2109 (ii) bar;
2110 (iii) medallion; or
2111 (iv) decorative coin;
2112 (52) amounts paid on a sale-leaseback transaction;
2113 (53) sales of a prosthetic device:
2114 (a) for use on or in a human; and
2115 (b) (i) for which a prescription is required; or
2116 (ii) if the prosthetic device is purchased by a hospital or other medical facility;
2117 (54) (a) except as provided in Subsection (54)(b), purchases, leases, or rentals of
2118 machinery or equipment by an establishment described in Subsection (54)(c) if the machinery
2119 or equipment is primarily used in the production or postproduction of the following media for
2120 commercial distribution:
2121 (i) a motion picture;
2122 (ii) a television program;
2123 (iii) a movie made for television;
2124 (iv) a music video;
2125 (v) a commercial;
2126 (vi) a documentary; or
2127 (vii) a medium similar to Subsections (54)(a)(i) through (vi) as determined by the
2128 commission by administrative rule made in accordance with Subsection (54)(d); or
2129 (b) purchases, leases, or rentals of machinery or equipment by an establishment
2130 described in Subsection (54)(c) that is used for the production or postproduction of the
2131 following are subject to the taxes imposed by this chapter:
2132 (i) a live musical performance;
2133 (ii) a live news program; or
2134 (iii) a live sporting event;
2135 (c) the following establishments listed in the 1997 North American Industry
2136 Classification System of the federal Executive Office of the President, Office of Management
2137 and Budget, apply to Subsections (54)(a) and (b):
2138 (i) NAICS Code 512110; or
2139 (ii) NAICS Code 51219; and
2140 (d) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2141 commission may by rule:
2142 (i) prescribe what constitutes a medium similar to Subsections (54)(a)(i) through (vi);
2143 or
2144 (ii) define:
2145 (A) "commercial distribution";
2146 (B) "live musical performance";
2147 (C) "live news program"; or
2148 (D) "live sporting event";
2149 (55) (a) leases of seven or more years or purchases made on or after July 1, 2004, but
2150 on or before June 30, 2027, of tangible personal property that:
2151 (i) is leased or purchased for or by a facility that:
2152 (A) is an alternative energy electricity production facility;
2153 (B) is located in the state; and
2154 (C) (I) becomes operational on or after July 1, 2004; or
2155 (II) has its generation capacity increased by one or more megawatts on or after July 1,
2156 2004, as a result of the use of the tangible personal property;
2157 (ii) has an economic life of five or more years; and
2158 (iii) is used to make the facility or the increase in capacity of the facility described in
2159 Subsection (55)(a)(i) operational up to the point of interconnection with an existing
2160 transmission grid including:
2161 (A) a wind turbine;
2162 (B) generating equipment;
2163 (C) a control and monitoring system;
2164 (D) a power line;
2165 (E) substation equipment;
2166 (F) lighting;
2167 (G) fencing;
2168 (H) pipes; or
2169 (I) other equipment used for locating a power line or pole; and
2170 (b) this Subsection (55) does not apply to:
2171 (i) tangible personal property used in construction of:
2172 (A) a new alternative energy electricity production facility; or
2173 (B) the increase in the capacity of an alternative energy electricity production facility;
2174 (ii) contracted services required for construction and routine maintenance activities;
2175 and
2176 (iii) unless the tangible personal property is used or acquired for an increase in capacity
2177 of the facility described in Subsection (55)(a)(i)(C)(II), tangible personal property used or
2178 acquired after:
2179 (A) the alternative energy electricity production facility described in Subsection
2180 (55)(a)(i) is operational as described in Subsection (55)(a)(iii); or
2181 (B) the increased capacity described in Subsection (55)(a)(i) is operational as described
2182 in Subsection (55)(a)(iii);
2183 (56) (a) leases of seven or more years or purchases made on or after July 1, 2004, but
2184 on or before June 30, 2027, of tangible personal property that:
2185 (i) is leased or purchased for or by a facility that:
2186 (A) is a waste energy production facility;
2187 (B) is located in the state; and
2188 (C) (I) becomes operational on or after July 1, 2004; or
2189 (II) has its generation capacity increased by one or more megawatts on or after July 1,
2190 2004, as a result of the use of the tangible personal property;
2191 (ii) has an economic life of five or more years; and
2192 (iii) is used to make the facility or the increase in capacity of the facility described in
2193 Subsection (56)(a)(i) operational up to the point of interconnection with an existing
2194 transmission grid including:
2195 (A) generating equipment;
2196 (B) a control and monitoring system;
2197 (C) a power line;
2198 (D) substation equipment;
2199 (E) lighting;
2200 (F) fencing;
2201 (G) pipes; or
2202 (H) other equipment used for locating a power line or pole; and
2203 (b) this Subsection (56) does not apply to:
2204 (i) tangible personal property used in construction of:
2205 (A) a new waste energy facility; or
2206 (B) the increase in the capacity of a waste energy facility;
2207 (ii) contracted services required for construction and routine maintenance activities;
2208 and
2209 (iii) unless the tangible personal property is used or acquired for an increase in capacity
2210 described in Subsection (56)(a)(i)(C)(II), tangible personal property used or acquired after:
2211 (A) the waste energy facility described in Subsection (56)(a)(i) is operational as
2212 described in Subsection (56)(a)(iii); or
2213 (B) the increased capacity described in Subsection (56)(a)(i) is operational as described
2214 in Subsection (56)(a)(iii);
2215 (57) (a) leases of five or more years or purchases made on or after July 1, 2004, but on
2216 or before June 30, 2027, of tangible personal property that:
2217 (i) is leased or purchased for or by a facility that:
2218 (A) is located in the state;
2219 (B) produces fuel from alternative energy, including:
2220 (I) methanol; or
2221 (II) ethanol; and
2222 (C) (I) becomes operational on or after July 1, 2004; or
2223 (II) has its capacity to produce fuel increase by 25% or more on or after July 1, 2004, as
2224 a result of the installation of the tangible personal property;
2225 (ii) has an economic life of five or more years; and
2226 (iii) is installed on the facility described in Subsection (57)(a)(i);
2227 (b) this Subsection (57) does not apply to:
2228 (i) tangible personal property used in construction of:
2229 (A) a new facility described in Subsection (57)(a)(i); or
2230 (B) the increase in capacity of the facility described in Subsection (57)(a)(i); or
2231 (ii) contracted services required for construction and routine maintenance activities;
2232 and
2233 (iii) unless the tangible personal property is used or acquired for an increase in capacity
2234 described in Subsection (57)(a)(i)(C)(II), tangible personal property used or acquired after:
2235 (A) the facility described in Subsection (57)(a)(i) is operational; or
2236 (B) the increased capacity described in Subsection (57)(a)(i) is operational;
2237 (58) (a) subject to Subsection (58)(b) [
2238 product transferred electronically to a person within this state if that tangible personal property
2239 or product transferred electronically is subsequently shipped outside the state and incorporated
2240 pursuant to contract into and becomes a part of real property located outside of this state; and
2241 (b) the exemption under Subsection (58)(a) is not allowed to the extent that the other
2242 state or political entity to which the tangible personal property is shipped imposes a sales, use,
2243 gross receipts, or other similar transaction excise tax on the transaction against which the other
2244 state or political entity allows a credit for sales and use taxes imposed by this chapter; [
2245 [
2246
2247
2248 [
2249 [
2250
2251 [
2252
2253 [
2254 [
2255 [
2256
2257 (59) purchases:
2258 (a) of one or more of the following items in printed or electronic format:
2259 (i) a list containing information that includes one or more:
2260 (A) names; or
2261 (B) addresses; or
2262 (ii) a database containing information that includes one or more:
2263 (A) names; or
2264 (B) addresses; and
2265 (b) used to send direct mail;
2266 (60) redemptions or repurchases of a product by a person if that product was:
2267 (a) delivered to a pawnbroker as part of a pawn transaction; and
2268 (b) redeemed or repurchased within the time period established in a written agreement
2269 between the person and the pawnbroker for redeeming or repurchasing the product;
2270 (61) (a) purchases or leases of an item described in Subsection (61)(b) if the item:
2271 (i) is purchased or leased by, or on behalf of, a telecommunications service provider;
2272 and
2273 (ii) has a useful economic life of one or more years; and
2274 (b) the following apply to Subsection (61)(a):
2275 (i) telecommunications enabling or facilitating equipment, machinery, or software;
2276 (ii) telecommunications equipment, machinery, or software required for 911 service;
2277 (iii) telecommunications maintenance or repair equipment, machinery, or software;
2278 (iv) telecommunications switching or routing equipment, machinery, or software; or
2279 (v) telecommunications transmission equipment, machinery, or software;
2280 (62) (a) beginning on July 1, 2006, and ending on June 30, 2027, purchases of tangible
2281 personal property or a product transferred electronically that are used in the research and
2282 development of alternative energy technology; and
2283 (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2284 commission may, for purposes of Subsection (62)(a), make rules defining what constitutes
2285 purchases of tangible personal property or a product transferred electronically that are used in
2286 the research and development of alternative energy technology;
2287 (63) (a) purchases of tangible personal property or a product transferred electronically
2288 if:
2289 (i) the tangible personal property or product transferred electronically is:
2290 (A) purchased outside of this state;
2291 (B) brought into this state at any time after the purchase described in Subsection
2292 (63)(a)(i)(A); and
2293 (C) used in conducting business in this state; and
2294 (ii) for:
2295 (A) tangible personal property or a product transferred electronically other than the
2296 tangible personal property described in Subsection (63)(a)(ii)(B), the first use of the property
2297 for a purpose for which the property is designed occurs outside of this state; or
2298 (B) a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered
2299 outside of this state and not required to be registered in this state under Section 41-1a-202 or
2300 73-18-9 based on residency;
2301 (b) the exemption provided for in Subsection (63)(a) does not apply to:
2302 (i) a lease or rental of tangible personal property or a product transferred electronically;
2303 or
2304 (ii) a sale of a vehicle exempt under Subsection (33); and
2305 (c) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for
2306 purposes of Subsection (63)(a), the commission may by rule define what constitutes the
2307 following:
2308 (i) conducting business in this state if that phrase has the same meaning in this
2309 Subsection (63) as in Subsection (24);
2310 (ii) the first use of tangible personal property or a product transferred electronically if
2311 that phrase has the same meaning in this Subsection (63) as in Subsection (24); or
2312 (iii) a purpose for which tangible personal property or a product transferred
2313 electronically is designed if that phrase has the same meaning in this Subsection (63) as in
2314 Subsection (24);
2315 (64) sales of disposable home medical equipment or supplies if:
2316 (a) a person presents a prescription for the disposable home medical equipment or
2317 supplies;
2318 (b) the disposable home medical equipment or supplies are used exclusively by the
2319 person to whom the prescription described in Subsection (64)(a) is issued; and
2320 (c) the disposable home medical equipment and supplies are listed as eligible for
2321 payment under:
2322 (i) Title XVIII, federal Social Security Act; or
2323 (ii) the state plan for medical assistance under Title XIX, federal Social Security Act;
2324 (65) sales:
2325 (a) to a public transit district under Title 17B, Chapter 2a, Part 8, Public Transit
2326 District Act; or
2327 (b) of tangible personal property to a subcontractor of a public transit district, if the
2328 tangible personal property is:
2329 (i) clearly identified; and
2330 (ii) installed or converted to real property owned by the public transit district;
2331 (66) sales of construction materials:
2332 (a) purchased on or after July 1, 2010;
2333 (b) purchased by, on behalf of, or for the benefit of an international airport:
2334 (i) located within a county of the first class; and
2335 (ii) that has a United States customs office on its premises; and
2336 (c) if the construction materials are:
2337 (i) clearly identified;
2338 (ii) segregated; and
2339 (iii) installed or converted to real property:
2340 (A) owned or operated by the international airport described in Subsection (66)(b); and
2341 (B) located at the international airport described in Subsection (66)(b);
2342 (67) sales of construction materials:
2343 (a) purchased on or after July 1, 2008;
2344 (b) purchased by, on behalf of, or for the benefit of a new airport:
2345 (i) located within a county of the second class; and
2346 (ii) that is owned or operated by a city in which an airline as defined in Section
2347 59-2-102 is headquartered; and
2348 (c) if the construction materials are:
2349 (i) clearly identified;
2350 (ii) segregated; and
2351 (iii) installed or converted to real property:
2352 (A) owned or operated by the new airport described in Subsection (67)(b);
2353 (B) located at the new airport described in Subsection (67)(b); and
2354 (C) as part of the construction of the new airport described in Subsection (67)(b);
2355 (68) sales of fuel to a common carrier that is a railroad for use in a locomotive engine;
2356 (69) purchases and sales described in Section 63H-4-111;
2357 (70) (a) sales of tangible personal property to an aircraft maintenance, repair, and
2358 overhaul provider for use in the maintenance, repair, overhaul, or refurbishment in this state of
2359 a fixed wing turbine powered aircraft if that fixed wing turbine powered aircraft's registration
2360 lists a state or country other than this state as the location of registry of the fixed wing turbine
2361 powered aircraft; or
2362 (b) sales of tangible personal property by an aircraft maintenance, repair, and overhaul
2363 provider in connection with the maintenance, repair, overhaul, or refurbishment in this state of
2364 a fixed wing turbine powered aircraft if that fixed wing turbine powered aircraft's registration
2365 lists a state or country other than this state as the location of registry of the fixed wing turbine
2366 powered aircraft;
2367 (71) subject to Section 59-12-104.4, sales of a textbook for a higher education course:
2368 (a) to a person admitted to an institution of higher education; and
2369 (b) by a seller, other than a bookstore owned by an institution of higher education, if
2370 51% or more of that seller's sales revenue for the previous calendar quarter are sales of a
2371 textbook for a higher education course;
2372 (72) a license fee or tax a municipality imposes in accordance with Subsection
2373 10-1-203(5) on a purchaser from a business for which the municipality provides an enhanced
2374 level of municipal services;
2375 (73) amounts paid or charged for construction materials used in the construction of a
2376 new or expanding life science research and development facility in the state, if the construction
2377 materials are:
2378 (a) clearly identified;
2379 (b) segregated; and
2380 (c) installed or converted to real property;
2381 (74) amounts paid or charged for:
2382 (a) a purchase or lease of machinery and equipment that:
2383 (i) are used in performing qualified research:
2384 (A) as defined in Section 41(d), Internal Revenue Code; and
2385 (B) in the state; and
2386 (ii) have an economic life of three or more years; and
2387 (b) normal operating repair or replacement parts:
2388 (i) for the machinery and equipment described in Subsection (74)(a); and
2389 (ii) that have an economic life of three or more years;
2390 (75) a sale or lease of tangible personal property used in the preparation of prepared
2391 food if:
2392 (a) for a sale:
2393 (i) the ownership of the seller and the ownership of the purchaser are identical; and
2394 (ii) the seller or the purchaser paid a tax under this chapter on the purchase of that
2395 tangible personal property prior to making the sale; or
2396 (b) for a lease:
2397 (i) the ownership of the lessor and the ownership of the lessee are identical; and
2398 (ii) the lessor or the lessee paid a tax under this chapter on the purchase of that tangible
2399 personal property prior to making the lease;
2400 (76) (a) purchases of machinery or equipment if:
2401 (i) the purchaser is an establishment described in NAICS Subsector 713, Amusement,
2402 Gambling, and Recreation Industries, of the 2012 North American Industry Classification
2403 System of the federal Executive Office of the President, Office of Management and Budget;
2404 (ii) the machinery or equipment:
2405 (A) has an economic life of three or more years; and
2406 (B) is used by one or more persons who pay admission or user fees described in
2407 Subsection 59-12-103(1)(f) to the purchaser of the machinery and equipment; and
2408 (iii) 51% or more of the purchaser's sales revenue for the previous calendar quarter is:
2409 (A) amounts paid or charged as admission or user fees described in Subsection
2410 59-12-103(1)(f); and
2411 (B) subject to taxation under this chapter; and
2412 (b) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2413 commission may make rules for verifying that 51% of a purchaser's sales revenue for the
2414 previous calendar quarter is:
2415 (i) amounts paid or charged as admission or user fees described in Subsection
2416 59-12-103(1)(f); and
2417 (ii) subject to taxation under this chapter;
2418 (77) purchases of a short-term lodging consumable by a business that provides
2419 accommodations and services described in Subsection 59-12-103(1)(i);
2420 (78) amounts paid or charged to access a database:
2421 (a) if the primary purpose for accessing the database is to view or retrieve information
2422 from the database; and
2423 (b) not including amounts paid or charged for a:
2424 (i) digital audio work;
2425 (ii) digital audio-visual work; or
2426 (iii) digital book;
2427 (79) amounts paid or charged for a purchase or lease made by an electronic financial
2428 payment service, of:
2429 (a) machinery and equipment that:
2430 (i) are used in the operation of the electronic financial payment service; and
2431 (ii) have an economic life of three or more years; and
2432 (b) normal operating repair or replacement parts that:
2433 (i) are used in the operation of the electronic financial payment service; and
2434 (ii) have an economic life of three or more years;
2435 (80) [
2436 (81) amounts paid or charged for a purchase or lease of tangible personal property or a
2437 product transferred electronically if the tangible personal property or product transferred
2438 electronically:
2439 (a) is stored, used, or consumed in the state; and
2440 (b) is temporarily brought into the state from another state:
2441 (i) during a disaster period as defined in Section 53-2a-1202;
2442 (ii) by an out-of-state business as defined in Section 53-2a-1202;
2443 (iii) for a declared state disaster or emergency as defined in Section 53-2a-1202; and
2444 (iv) for disaster- or emergency-related work as defined in Section 53-2a-1202;
2445 (82) sales of goods and services at a morale, welfare, and recreation facility, as defined
2446 in Section 39-9-102, made pursuant to Title 39, Chapter 9, State Morale, Welfare, and
2447 Recreation Program;
2448 (83) amounts paid or charged for a purchase or lease of molten magnesium;
2449 (84) amounts paid or charged for a purchase or lease made by a qualifying data center
2450 or an occupant of a qualifying data center of machinery, equipment, or normal operating repair
2451 or replacement parts, if the machinery, equipment, or normal operating repair or replacement
2452 parts:
2453 (a) are used in:
2454 (i) the operation of the qualifying data center; or
2455 (ii) the occupant's operations in the qualifying data center; and
2456 (b) have an economic life of one or more years;
2457 (85) sales of cleaning or washing of a vehicle, except for cleaning or washing of a
2458 vehicle that includes cleaning or washing of the interior of the vehicle;
2459 (86) amounts paid or charged for a purchase or lease of machinery, equipment, normal
2460 operating repair or replacement parts, catalysts, chemicals, reagents, solutions, or supplies used
2461 or consumed:
2462 (a) by a refiner who owns, leases, operates, controls, or supervises a refinery as defined
2463 in Section 63M-4-701 located in the state;
2464 (b) if the machinery, equipment, normal operating repair or replacement parts,
2465 catalysts, chemicals, reagents, solutions, or supplies are used or consumed in:
2466 (i) the production process to produce gasoline or diesel fuel, or at which blendstock is
2467 added to gasoline or diesel fuel;
2468 (ii) research and development;
2469 (iii) transporting, storing, or managing raw materials, work in process, finished
2470 products, and waste materials produced from refining gasoline or diesel fuel, or adding
2471 blendstock to gasoline or diesel fuel;
2472 (iv) developing or maintaining a road, tunnel, excavation, or similar feature used in
2473 refining; or
2474 (v) preventing, controlling, or reducing pollutants from refining; and
2475 (c) [
2476 certification as defined in Section 63M-4-701;
2477 (87) amounts paid to or charged by a proprietor for accommodations and services, as
2478 defined in Section 63H-1-205, if the proprietor is subject to the MIDA accommodations tax
2479 imposed under Section 63H-1-205;
2480 (88) amounts paid or charged for a purchase or lease of machinery, equipment, normal
2481 operating repair or replacement parts, or materials, except for office equipment or office
2482 supplies, by an establishment, as the commission defines that term in accordance with Title
2483 63G, Chapter 3, Utah Administrative Rulemaking Act, that:
2484 (a) is described in NAICS Code 621511, Medical Laboratories, of the 2017 North
2485 American Industry Classification System of the federal Executive Office of the President,
2486 Office of Management and Budget;
2487 (b) is located in this state; and
2488 (c) uses the machinery, equipment, normal operating repair or replacement parts, or
2489 materials in the operation of the establishment; and
2490 (89) amounts paid or charged for an item exempt under Section 59-12-104.10.
2491 Section 3. Effective date.
2492 This bill takes effect on July 1, 2021.