Revised October 27, 2006

Recent Changes in Sales & Use Tax Laws

Changes to the sales tax statutes effective July 1, 2006

Point of delivery sourcing repealed

UCA §59-12-205

In 2005, the Utah Legislature adopted legislation to enact point of delivery sourcing requirements effective July 1, 2006. The adopted legislation instructed sellers to collect required sales and use tax based on the point of delivery for each customer. The point of delivery sourcing requirement was repealed during the Legislature’s 2006 General Session.

During the 2006 General Session, the Utah Legislature adopted S.B. 233, Sales and Use Tax Revisions. In part, S.B. 233 eliminated point of delivery sourcing for required sales and use tax. This means that Utah sellers will continue to collect and remit sales and use tax in the traditional point of sale manner. For additional information on point of sale sourcing, see http://tax.utah.gov/sst/

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Taxation of amusement devices and cleaning or washing of tangible personal property

UCA §§59-12-102; 59-12-103; 59-12-104; 59-12-104.5; 59-12-105

The following transactions are taxable:

  • Use of assisted amusement devices when the device or ride is started and stopped by an individual who is not the purchaser or renter of the device and is performing at the direction of the seller.
  • Assisted cleaning or washing of tangible personal property if the cleaning or washing is performed by an individual who is not the purchaser of the service and is performing at the direction of the seller.

The following transactions are exempt from sales tax:

  • Fees charged for unassisted coin-operated amusement devices.
  • Sales through unassisted coin-operated car washes and dry cleaning and laundry machines.

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Exclusion for transportation

UCA §59-12-103

Charges for transportation are no longer subject to sales and use tax.

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Exemption for sales of certain agricultural products

UCA §§59-12-102; 59-12-104

The exclusive sale of seasonal garden or farm crops or seedlings and plants sold during the harvest season is exempt if sold by:

  • The agricultural producer;
  • An employee of the producer; or
  • A member of the producer's immediate family.

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Amendment to transient room tax for counties

UCA §59-12-301

Utah counties may impose a transient room tax of up to 3 percent through September 30, 2006 on the rental of rooms in hotels, motels, inns, trailer courts, campgrounds, tourist homes, and similar accommodations for stays of less than 30 consecutive days. Effective October 1, 2006, counties may impose a transient room tax up to 4.25 percent.

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Exemption for isolated or occasional sales

UCA §59-12-104

Isolated or occasional sales are exempt from sales tax if the sale is made by a person not regularly engaged in the business of selling that type of tangible personal property. The exemption does not apply to sales of tangible personal property for resale or the sale of a vehicle or vessel required to be titled or registered in Utah.

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Exemption for certain telecommunications equipment, machinery or software

UCA §59-12-104

Exemptions are permitted for purchases or leases by a telephone service provider of the equipment, machinery, or software listed below if it has a useful economic life of one or more years and is used for the following telecommunication purposes:

  • enabling or facilitating;
  • 911 service;
  • maintenance or repair;
  • switching or routing; or
  • transmission.

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Modifies definition for exemption of certain semiconductor materials

UCA §§59-12-102, 59-12-104

An existing exemption for the sale or lease of semiconductor fabricating or processing materials has been expanded to include research or development material.

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Amendments to manufacturing exemptions

UCA §§59-12-102, 59-12-104

Allows exemption for purchases of normal operating repair or replacement parts with an economic life of three or more years that are used in Utah by a cogeneration facility as defined in Utah Code §54-2-1 or a qualified manufacturer or scrap recycler described in the Standard Industrial Classification Manual (SIC) classification 2000-3999.

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Modifies definition of tangible personal property permanently attached to real property

UCA §59-12-104

Tangible personal property is classified as permanently attached to real property if the attachment is essential to use the tangible personal property, and the tangible personal property will remain attached over its useful life.

The permanently attached classification does not include attaching portable or movable tangible personal property for convenience, stability, or for an obvious temporary purpose, or detachment for repair or renovation other than onsite.

Also excluded from this classification is a refrigerator, washer, dryer, stove, television, computer or telephone if the attachment to real property is only through a line that supplies water, electricity, gas, telephone or cable.

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Amends exemption for certain sales of vehicles, boats, boat trailers and outboard motors

UCA §59-12-102

This bill amends sales and use tax exemptions to provide that sales of a vehicle or boat required to be registered in this state, or a boat trailer or outboard motor are exempt if the vehicle, boat, boat trailer, or outboard motor is both:

  • Not registered in Utah; and
  • Not used in Utah except as necessary for transportation to Utah borders.

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Exemption for sales of tangible personal property used in natural resources development

UCA §59-12-104

Allows exemption for purchases of tangible personal property used in the research and development of coal-to-liquid, oil shale, and tar sands technology.

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Reduction of state sales tax rate on food and food ingredients
(effective January 1, 2007)

UCA §59-12-103

Effective January 1, 2007 the state sales tax rate for food and food ingredients will be reduced from 4.75 percent to 2.75 percent. Food and food ingredients means substances sold for ingestion or chewing by humans that are consumed for the substance’s taste or nutritional value. Food and food ingredients do not include alcoholic beverages, tobacco or food prepared for immediate consumption.

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Delay decrease to statewide E-911 emergency communication rate
(decrease effective July 1, 2008)

UCA §69-2-5.6

The 13-cent per month state E-911 emergency service fee on telephone services was scheduled for reduction in 2006. The reduction has been delayed to July 1, 2008, when it will be reduced to eight cents.

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