2006 Utah Code - 59-12-108 (Superseded 01/01/07) — Monthly payment -- Penalty -- Amount of tax a seller may retain -- Certain amounts allocated to counties, cities, and towns.

     59-12-108 (Superseded 01/01/07).   Monthly payment -- Penalty -- Amount of tax a seller may retain -- Certain amounts allocated to counties, cities, and towns.
     (1) (a) Notwithstanding Section 59-12-107, a seller that has a tax liability under this chapter of $50,000 or more for the previous calendar year shall:
     (i) file a return with the commission:
     (A) monthly on or before the last day of the month immediately following the month for which the seller collects a tax under this chapter; and
     (B) for the month for which the seller collects a tax under this chapter; and
     (ii) remit with the return required by Subsection (1)(a)(i) the amount the person is required to remit to the commission for each tax, fee, or charge described in Subsection (1)(b):
     (A) if that seller's tax liability under this chapter for the previous calendar year is less than $96,000, by any method permitted by the commission; or
     (B) if that seller's tax liability under this chapter for the previous calendar year is $96,000 or more, by electronic funds transfer.
     (b) Subsections (1)(a)(i) and (ii) apply to the following taxes, fees, or charges:
     (i) a tax under Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act;
     (ii) a fee under Section 19-6-716;
     (iii) a fee under Section 19-6-805;
     (iv) a charge under Section 69-2-5.5; or
     (v) a tax under this chapter.
     (c) Notwithstanding Subsection (1)(a)(ii) and in accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the commission shall make rules providing for a method for making same-day payments other than by electronic funds transfer if making payments by electronic funds transfer fails.
     (d) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the commission shall establish by rule procedures and requirements for determining the amount a seller is required to remit to the commission under this Subsection (1).
     (2) (a) Except as provided in Subsection (2)(b), a seller subject to Subsection (1) or a seller described in Subsection (3) may retain each month an amount not to exceed:
     (i) 1.31% of any amounts the seller is required to remit to the commission for:
     (A) the month for which the seller is filing a return in accordance with Subsection (1); and
     (B) an agreement sales and use tax; and
     (ii) 1% of any amounts the seller is required to remit to the commission:
     (A) for the month for which the seller is filing a return in accordance with Subsection (1); and
     (B) under:
     (I) Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act;
     (II) Subsection 59-12-603(1)(a)(i)(A); or
     (III) Subsection 59-12-603(1)(a)(i)(B).
     (b) Notwithstanding Subsection (2)(a), a state government entity that is required to remit taxes monthly in accordance with Subsection (1) may not retain any amount under Subsection (2)(a).
     (3) A seller that has a tax liability under this chapter for the previous calendar year of less than $50,000 may:

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     (a) voluntarily meet the requirements of Subsection (1); and
     (b) if the seller voluntarily meets the requirements of Subsection (1), retain the amounts allowed by Subsection (2)(a).
     (4) Penalties for late payment shall be as provided in Section 59-1-401.
     (5) (a) For any amounts required to be remitted to the commission under this part, the commission shall each month calculate an amount equal to the difference between:
     (i) the total amount retained for that month by all sellers had the percentage listed under Subsection (2)(a)(i) been 1.5%; and
     (ii) the total amount retained for that month by all sellers at the percentage listed under Subsection (2)(a)(i).
     (b) The commission shall each month allocate the amount calculated under Subsection (5)(a) to each county, city, and town on the basis of the proportion of agreement sales and use tax that the commission distributes to each county, city, and town for that month compared to the total agreement sales and use tax that the commission distributes for that month to all counties, cities, and towns.

Amended by Chapter 253, 2006 General Session