Code-Co's Internet Access to Utah Law: http://www.code-co.com
[Utah Code Table of Contents]
[TITLE 59. Table of Contents]
59-8-101 Title.
This chapter is known as the "Gross Receipts Tax on Certain
Corporations Not Required to Pay Corporate Franchise or Income
Tax Act."
1995
59-8-102 Purpose.
The purpose of this chapter is to provide for the imposition
of an in lieu excise tax on the gross receipts of corporations,
other than those described in Subsection
59-7-102
(2), eleemosynary, religious, or charitable
institutions, operating in this state who are not otherwise
required to pay income or franchise taxes to the state or
to declare dividends.
1995
59-8-103 Definitions.
As used in this chapter:
(1) "Corporation" means:
(a) any domestic corporation organized under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act;
(b) any foreign corporation engaged in business in this state under Sections 16-6a-1501 through 16-6a-1518 ;
(c) any project entity defined in Section 11-13-103 ; or
(d) a public agency, as defined in Section 11-13-103 , to the extent it owns an interest in facilities providing additional project capacity, as defined in Section 11-13-103 .
(2) "Engaging in business" means carrying on or causing to be carried on any activity through which goods or services are made or rendered by the taxpayer, except as provided in Section 59-7-102 .
(3) "Gross receipts" means the totality of the consideration that the taxpayer receives for any good or service produced or rendered in the state without any deduction or expense paid or accrued in respect to it.
(4) "Taxpayer" means any corporation, other than an eleemosynary,
religious, or charitable institution, any insurance company,
credit union, or Subchapter S organization, any nonprofit
hospital, educational, welfare, or employee representation
organization, or any mutual benefit association engaged in
business in the state that is not otherwise required to pay
income or franchise tax to the state under Title 59, Chapter
7.
2002
59-8-104 Rate - Change of rate.
(1) For taxable years beginning on or after July 1, 1996 and subject to Section 11-13-303 , an in lieu excise tax is imposed on the gross receipts of a taxpayer engaging in business in the state of Utah in each taxable year as follows: Gross Receipts AmountRate of Tax Not in excess of $10,000,000 None In excess of $10,000,000 but not in excess of $500,000,000 .8613% In excess of $500,000,000 but not in excess of $1,000,000,0001.3214% In excess of $1,000,000,0001.7520%
(2) A taxpayer subject to the in lieu excise tax under
Subsection (1) is not required to pay the tax imposed under
Title 59, Chapter 8a, Gross Receipts Tax on Electrical Corporations
Act.
2002
59-8-105 Time for filing of return - Other applicable provisions.
(1) Each taxpayer upon whom a gross receipts tax is imposed under this chapter shall file a return with and pay the tax reflected in the return to the commission semiannually on or before the last day of July and January.
(2) All other provisions applicable to the gross receipts
tax imposed under this chapter shall be the appropriate provisions
provided for in Title 59, Chapter 7, applied as if the taxpayer
under this chapter is a bank or other corporation subject
to Title 59, Chapter 7.
1995
59-8-106 Rulemaking authority.
The commission is charged with the administration and
enforcement of this chapter and may promulgate such rules
under Title 63, Chapter 46a, the Utah Administrative Rulemaking
Act as may be required to effectuate the purposes of this
chapter.
1988
