R865. Tax Commission, Auditing.
R865-21U. Use Tax.
[865-21U-12.
Storage Pursuant to Utah Code Ann. Section 59-12-103 and 59-12-104(34).]
[. "Storage" means and includes any
storing, keeping, retention of or exercise of dominion, or control over tangible
personal property within Utah. Storage
does not include purchases of tangible personal property or personal property
which remains in the interstate commerce channel. Also, no tax applies if the property is brought into Utah for
some purpose other than storage, use, or consumption in Utah. For example, steel purchased out of state
and brought into Utah for fabrication would be exempt provided that the steel
was purchased for intended use in an out-of-state contract and retained its
identity through the fabrication process and eventually was used in the
intended out-of-state contract. Steel
purchased in bulk quantities and placed in a general inventory and subsequently
fabricated and used outside of the state would be subject to the Utah tax since
this would constitute a purchase for storage in Utah. If the materials are subsequently taken out of state and
incorporated into and become real property in a state which will not allow
credit for tax paid to Utah, the purchaser may request a refund of the tax
previously paid.]
KEY: charities, tax exemptions, religious activities, sales tax 59-12-103; 59-12-104
Effective: 6/29/04