10-1-303. Definitions.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/1/2024

As used in this part:

(1)"Commission" means the State Tax Commission.

(2)"Contractual franchise fee" means:

(a)a fee:

(i)provided for in a franchise agreement; and

(ii)that is consideration for the franchise agreement; or

(i)a fee similar to Subsection (2)(a); or

(ii)any combination of Subsections (2)(a) and (b).

(a)"Delivered value" means the fair market value of the taxable energy delivered for sale or use in the municipality and includes:

(i)the value of the energy itself; and

(ii)any transportation, freight, customer demand charges, services charges, or other costs typically incurred in providing taxable energy in usable form to each class of customer in the municipality.

(b)"Delivered value" does not include the amount of a tax paid under:

(i)Title 59, Chapter 12, Sales and Use Tax Act; or

(ii)this part.

(4)"De minimis amount" means an amount of taxable energy that does not exceed the greater of:

(a)5% of the energy supplier's estimated total Utah gross receipts from sales of property or services; or

(b)$10,000.

(5)"Energy supplier" means a person supplying taxable energy, except that the commission may by rule exclude from this definition a person supplying a de minimis amount of taxable energy.

(6)"Fairpark district" means the Utah Fairpark Area Investment and Restoration District, created in Section 11-70-201 .

(7)"Franchise agreement" means a franchise or an ordinance, contract, or agreement granting a franchise.

(8)"Franchise tax" means:

(a)a franchise tax;

(b)a tax similar to a franchise tax; or

(c)any combination of Subsections (8)(a) and (b).

(9)"Military authority" means the Military Installation Development Authority, created in Section 63H-1-201 .

(10)"Municipality" means a city or town.

(11)"Person" is as defined in Section 59-12-102 .

(12)"Point of the mountain authority" means the Point of the Mountain State Land Authority, created in Section 11-59-201 .

(13)"Taxable energy" means gas and electricity.

Amended by Chapter 419 , 2024 General Session

Amended by Chapter 438 , 2024 General Session