11-59-207. Privilege tax on leased property on state-owned land.

559 words·~3 min read·/ut/title-11/chapter-59/11-59-207·

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

Effective 5/6/2026

(1)As used in this section:

(a)"Exempt property" means real property that is exempt from ad valorem property tax because the real property is owned by the state.

(b)"Lease agreement" means an agreement by which a private person leases from the state real property that is part of the point of the mountain state land.

(i)"Leased property" means real property that:

(A)is part of the point of the mountain state land;

(B)is leased by a private person; and

(C)would be subject to ad valorem property tax if the real property were owned by the private person.

(ii)"Leased property" includes attachments and other improvements to the real property that would be included in an assessment of the value of the real property if the real property were not exempt property.

(d)"Lessee" means a private person that leases property that is part of the point of the mountain state land under a lease agreement.

(e)"Phase one land" means a portion of the leased property that:

(i)is identified by a plat or legal description;

(ii)consists, or will consist, of one or more parcels;

(iii)is identified by the authority in a written agreement, executed before January 1, 2026, as either intended for development as:

(A)the first phase of development of the point of the mountain state land; or

(B)an event center and related facilities, including parking and public infrastructure; and

(iv)does not exceed 105 total acres.

(f)"Privilege tax" means a tax imposed under Section 59-4-101 .

(2)Beginning January 1 of the year immediately following the execution of a lease agreement, the possession or other beneficial use enjoyed by any person of property on point of the mountain state land, if that property is used in connection with a business conducted for profit, is subject to Title 59, Chapter 4, Privilege Tax.

(3)The treasurer of the county in which the point of the mountain state land is located shall, in the manner and at the time provided in Section 59-2-1365 :

(a)collect privilege tax from a lessee; and

(b)distribute privilege tax revenue to the authority in the following percentages:

(i)for phase one land:

(A)beginning January 1, 2025, 100% of the privilege tax revenue;

(B)beginning January 1, 2038, 96.3% of the privilege tax revenue;

(C)beginning January 1, 2044, 92.5% of the privilege tax revenue;

(D)beginning January 1, 2049, 90% of the privilege tax revenue;

(E)beginning January 1, 2054, 87.5% of the privilege tax revenue; and

(F)beginning January 1, 2068, 25% of the privilege tax revenue; and

(ii)for point of the mountain state land that is not phase one land, according to the same terms as in Subsection (3)(b)(i) , unless the authority provides notice to the county treasurer that a lower percentage of privilege tax shall be distributed to the authority.

(4)If applicable, the authority shall provide the notice described in Subsection (3)(b)(ii) :

(a)in writing; and

(b)by no later than October 1 of the year before the reduced distribution percentage for the privilege tax revenue generated on point of the mountain state land that is not phase one land is intended to commence.

Amended by Chapter 165 , 2026 General Session