59-12-1302. Imposition of tax -- Base -- Rate -- Enactment or repeal of tax -- Tax rate change -- Effective date -- Notice requirements -- Administration, collection, and enforcement of tax -- Administrative charge.
(1) Beginning on or after January 1, 1998, the governing body of a town may impose a tax as provided in this part in an amount that does not exceed 1%.
(2) A town may impose a tax as provided in this part if the town imposed a license fee or tax on businesses based on gross receipts under Sectionon or before January 1, 1996. 10-1-203
(3) A town imposing a tax under this section shall: except as provided in Subsection, impose the tax on the transactions described in Subsectionlocated within the town; and (4) 59-12-103(1) provide an effective date for the tax as provided in Subsection. (5)
(4) A town may not impose a tax under this section on: the sales and uses described in Sectionto the extent the sales and uses are exempt from taxation under Section; and 59-12-104 59-12-104 except as provided in Subsection, amounts paid or charged for food and food ingredients. (4)(c) For purposes of this Subsection, the location of a transaction shall be determined in accordance with Sectionsthrough. (4) 59-12-211 59-12-215 A town imposing a tax under this section shall impose the tax on the purchase price or sales price for amounts paid or charged for food and food ingredients if the food and food ingredients are sold as part of a bundled transaction attributable to food and food ingredients and tangible personal property other than food and food ingredients.
(5) For purposes of this Subsection: (5) "Annexation" means an annexation to a town under Title 10, Chapter 2, Part 8, Annexation. "Annexing area" means an area that is annexed into a town. Except as provided in Subsectionor, if, on or after July 1, 2004, a town enacts or repeals a tax or changes the rate of a tax under this part, the enactment, repeal, or change shall take effect: (5)(c) (d) on the first day of a calendar quarter; and after a 90-day period beginning on the date the commission receives notice meeting the requirements of Subsectionfrom the town. (5)(b)(ii) The notice described in Subsectionshall state: (5)(b)(i)(B) that the town will enact or repeal a tax or change the rate of a tax under this part; the statutory authority for the tax described in Subsection; (5)(b)(ii)(A) the effective date of the tax described in Subsection; and (5)(b)(ii)(A) if the town enacts the tax or changes the rate of the tax described in Subsection, the rate of the tax. (5)(b)(ii)(A) If the billing period for the transaction begins before the effective date of the enactment of the tax or the tax rate increase imposed under Subsection, the enactment of the tax or the tax rate increase takes effect on the first day of the first billing period that begins on or after the effective date of the enactment of the tax or the tax rate increase. (1) The repeal of a tax or a tax rate decrease applies to a billing period if the billing statement for the billing period is produced on or after the effective date of the repeal of the tax or the tax rate decrease imposed under Subsection. (1) If a tax due under this chapter on a catalogue sale is computed on the basis of sales and use tax rates published in the catalogue, an enactment, repeal, or change in the rate of a tax described in Subsectiontakes effect: (5)(b)(i) on the first day of a calendar quarter; and beginning 60 days after the effective date of the enactment, repeal, or change in the rate of the tax under Subsection. (5)(b)(i) In accordance with, the commission may by rule define the term "catalogue sale." Title 63G, Chapter 3, Utah Administrative Rulemaking Act Except as provided in Subsectionor, if, for an annexation that occurs on or after July 1, 2004, the annexation will result in the enactment, repeal, or change in the rate of a tax under this part for an annexing area, the enactment, repeal, or change shall take effect: (5)(f) (g) on the first day of a calendar quarter; and after a 90-day period beginning on the date the commission receives notice meeting the requirements of Subsectionfrom the town that annexes the annexing area. (5)(e)(ii) The notice described in Subsectionshall state: (5)(e)(i)(B) that the annexation described in Subsectionwill result in an enactment, repeal, or change in the rate of a tax under this part for the annexing area; (5)(e)(i) the statutory authority for the tax described in Subsection; (5)(e)(ii)(A) the effective date of the tax described in Subsection; and (5)(e)(ii)(A) if the town enacts the tax or changes the rate of the tax described in Subsection, the rate of the tax. (5)(e)(ii)(A) If the billing period for a transaction begins before the effective date of the enactment of the tax or the tax rate increase imposed under Subsection, the enactment of the tax or the tax rate increase takes effect on the first day of the first billing period that begins on or after the effective date of the enactment of the tax or the tax rate increase. (1) The repeal of a tax or a tax rate decrease applies to a billing period if the billing statement for the billing period is produced on or after the effective date of the repeal of the tax or the tax rate decrease imposed under Subsection. (1) If a tax due under this chapter on a catalogue sale is computed on the basis of sales and use tax rates published in the catalogue, an enactment, repeal, or change in the rate of a tax described in Subsectiontakes effect: (5)(e)(i) on the first day of a calendar quarter; and beginning 60 days after the effective date of the enactment, repeal, or change in the rate of the tax under Subsection. (5)(e)(i) In accordance with, the commission may by rule define the term "catalogue sale." Title 63G, Chapter 3, Utah Administrative Rulemaking Act
(6) The commission shall: distribute the revenue generated by the tax under this section to the town imposing the tax; and except as provided in Subsection, administer, collect, and enforce the tax authorized under this section in accordance with: (8) the same procedures used to administer, collect, and enforce the tax under:; or Part 1, Tax Collection; and Part 2, Local Sales and Use Tax Act. Chapter 1, General Taxation Policies
(7) The commission shall retain and deposit an administrative charge in accordance with Sectionfrom the revenue the commission collects from a tax under this part. 59-1-306
(8) A tax under this section is not subject to Subsectionsand (4) through (6). 59-12-205(2)