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1996 Notice:
Tax Review Commission
FRIDAY, APRIL 26, 1996 - 2:00 P.M. - ROOM 405 STATE CAPITOL


    NOTICE OF MEETING



TO:    Members of the Tax Review Commission

FROM:    Mr. Gary Cornia, Chair

DATE:    April 12, 1996

SUBJECT:    Meeting Date

The regularly scheduled meeting of the Tax Review Commission will be held as follows:

    DATE:    Friday, April 26, 1996
    TIME:    2:00 p.m.
    PLACE:    Room 405 State Capitol

    If you are unable to attend, please contact O. William Asplund or Karen Mecham in the Office of Legislative Research and General Counsel at 538-1032.

    COMMISSION MEMBERS
    Mr. Gary C. Cornia, Chair
    Mr. James B. Lee, Vice-chair
Mr. Mark K. Buchi    Ms. Carol S. McCormick    Rep. Grant D. Protzman
Mr. Robert M. Graham    Judge Jon Memmott    Mr. Roger O. Tew
Sen. Lyle W. Hillyard    Ms. Bonnie G. Miller    Rep. John L. Valentine
Sen. E. George Mantes    Ms. Dorothy Pampas Owen    Mr. Ray H. Wood
        
        

            Continued . . .
    AGENDA
    1.     Call to Order and Approval of Minutes
             .              January 12, 1996

    2.    Review of the Tax Legislation from the 1996 Annual General Session

    3.    H.B. 461 "Municipal Energy Sales and Use Tax Law"

            -- Staff presentation on the nature of the study
            -- Presentation on the bill (by invitation)

    4.    Sales Tax Exemptions to be Studied in 1996
        §59-12-104:

        *         (10) sales of vehicles of a type required to be registered under the motor vehicle laws of this state which are made to bona fide nonresidents of this state and are not afterwards registered or used in this state except as necessary to transport them to the borders of this state;

        *         (11) sales of medicine;

        *         (15) isolated or occasional sales by persons not regularly engaged in business, except the sale of vehicles or vessels required to be titled or registered under the laws of this state in which case the tax is based upon:
            (a) the bill of sale or other written evidence of value of the vehicle or vessel being sold; or
            (b) in the absence of a bill of sale or other written evidence of value, the then existing fair market value of the vehicle or vessel being sold as determined by the commission;

        *         (20) tangible personal property, other than money, traded in as full or part payment of the purchase price, except that for purposes of calculating sales or use tax upon vehicles not sold by a vehicle dealer, trade-ins are limited to other vehicles only, and the tax is based upon:
            (a) the bill of sale or other written evidence of value of the vehicle being sold and the vehicle being traded in; or
            (b) in the absence of a bill of sale or other written evidence of value, the then existing fair market value of the vehicle being sold and the vehicle being traded in, as determined by the commission;

                 (26) property stored in the state for resale;

            (27) property brought into the state by a nonresident for his or her own personal use or enjoyment while within the state, except property purchased for use in Utah by a nonresident living and working in Utah at the time of purchase;

            (29) property upon which a sales or use tax was paid to some other state, or one of its subdivisions, except that the state shall be paid any difference between the tax paid and the tax imposed by this part and Part 2, and no adjustment is allowed if the tax paid was greater than the tax imposed by this part and Part 2;

        *         (33) sales of boats of a type required to be registered under Title 73, Chapter 18, State Boating Act, boat trailers, and outboard motors which are made to bona fide nonresidents of this state and are not thereafter registered or used in this state except as necessary to transport them to the borders of this state;

                 (34) sales of tangible personal property to persons within this state that is subsequently shipped outside the state and incorporated pursuant to contract into and becomes a part of real property located outside of this state, except to the extent that the other state or political entity imposes a sales, use, gross receipts, or other similar transaction excise tax on it against which the other state or political entity allows a credit for taxes imposed by this chapter;

*    Legislative histories will be provided at the meeting for these exemptions.
        

    5.    Hold-over Study Items for 1996

    §59-12-104:

        (2) through December 31, 1995, sales to the state, its institutions, and its political subdivisions, except sales of construction materials however, construction materials purchased by the state, its institutions, or its political subdivisions which are installed or converted to real property by employees of the state, its institutions, or its political subdivisions are exempt;

        (9) sales made to or by religious or charitable institutions in the conduct of their regular religious or charitable functions and activities, if the requirements of Section 59-12-104.1 are fulfilled;

        (14) sales of meals served by:
        (a) public elementary and secondary schools;
        (b) churches, charitable institutions, and institutions of higher education, if the meals are not available to the general public;

        (30) any sale of a service described in Subsections 59-12-103(1)(b), (c), and (d) to a

person for use in compounding a service taxable under the subsections;

    6.    Telecommunications Study Report

    7.    Review of Policy Statements on Sales, Income, and Property Taxes

    8.    Other Business

            -- Schedule of meetings for 1996

    9.    Adjournment
    
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