59-35-101. Definitions.
As used in this chapter:
(1) "Advertisement" means any written, oral, or graphic statement or representation.
(2) "Business entity" means the same as that term is defined in Section. 59-6-101
(3) "Gross receipts" means the total amount of consideration received for a transaction, without deduction for the cost of materials, labor, service, or other expenses.
(4) "Impression" means a single instance in which targeted advertising is delivered to an audience or individual, regardless of whether the audience or individual interacts with the advertisement.
(5) "Targeted advertising" means a transaction in which a business entity: delivers, by any means, an advertisement to an audience or individual on behalf of an advertiser and in exchange for consideration; and employs the following practices or features to facilitate the transaction described in Subsection: (5)(a) the business entity sells advertising space to the advertiser through a bidding process; the business entity obtains or develops individualized data profiles to deliver the advertisement; and an individual to whom the business entity delivers the advertisement has the ability to interface with the advertisement to access information or make a purchase, including through a link or a quick response (QR) code.
(6) "Targeted advertising entity" means a business entity: that during the taxable year: delivers targeted advertising to an audience or individual located in the state; and generates gross receipts of: $1,000,000 or more derived from targeted advertising in the state, as determined in accordance with Subsection; and 59-35-201(3) $100,000,000 or more derived from all targeted advertising, regardless of location; and for which the business entity's gross receipts for the taxable year derived from all targeted advertising, regardless of location, constitute 50% or more of the business entity's total gross receipts for the taxable year.