59-31-302. Remittance of tax.
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Effective 1/1/2027
59-31-302. Remittance of tax.
(a)A retailer that collects the tax imposed on a specialized product shall remit to the commission, in an electronic format approved by the commission:
(i)the tax due in the previous quarter; and
(ii)the tax return.
(b)The tax collected and the return are due on or before the last day of April, July, October, and January.
(2)A retailer that sells a specialized product to a consumer shall maintain records to determine the amount of tax due under this part for a period of three years.
(a)A consumer that receives or purchases an untaxed specialized product for use or other consumption shall:
(i)file with the commission, on a form provided by the commission, a statement showing the quantity and description of the specialized product subject to tax under this part; and
(ii)pay the tax imposed by this part on the specialized product.
(b)The consumer shall file the statement described in Subsection (3)(a) and pay the tax due on or before the last day of the month immediately following the month during which the consumer purchased an untaxed specialized product.
(c)A consumer shall maintain records necessary to determine the amount of tax the consumer is liable to pay under this part for a period of three years after the day on which the consumer filed the statement required by this section.
(4)A nonresident who imports an untaxed specialized product into the state does not need to file the statement described in Subsection
(3)or pay the tax if the specialized product is for the nonresident's own use or consumption while in this state.
(5)In addition to the tax required by this part, a retailer shall pay a penalty as provided in Section 59-1-401 , plus interest at the rate and in the manner provided in Section 59-1-402 , if a retailer subject to this section fails to:
(a)pay the tax imposed by this part;
(b)pay the tax on time; or
(c)file a return or statement required by this part.
(6)An overpayment of a tax imposed by this part shall accrue interest at the rate and in the manner provided in Section 59-1-402 .
(a)The commission shall retain and deposit an administrative charge in accordance with Section 59-1-306 from revenue generated by the tax under this part.
(b)The commission shall deposit the revenue generated by the tax imposed under this part into the Specialized Product Proceeds Restricted Account created in Section 59-31-401 .
Amended by Chapter 482 , 2026 General Session