63H-1-205. MIDA accommodations tax.

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

Effective 3/12/2025

(1)As used in this section:

(a)"Accommodations and services" means an accommodation or service described in Subsection 59-12-103 (1)(i).

(b)"Accommodations and services" does not include amounts paid or charged that are not part of a rental room rate.

(2)By ordinance, the authority board may impose a MIDA accommodations tax on a provider for amounts paid or charged for accommodations and services, if the place of accommodation is located within a project area and on:

(a)authority-owned or other government-owned property;

(b)privately owned property on which the authority owns a condominium unit that is part of the place of accommodation; or

(c)privately owned property on which the authority board finds that a provider is providing a significant long-term benefit, including lodging but not including a benefit that is commonly provided, to members of the military at the property.

(3)The maximum rate of the MIDA accommodations tax is 15% of the amounts paid to or charged by the provider for accommodations and services.

(4)A provider may recover an amount equal to the MIDA accommodations tax from customers, if the provider includes the amount as a separate billing line item.

(5)If the authority imposes the tax described in this section, neither the authority nor a public entity may impose, on the amounts paid or charged for accommodations and services, any other tax described in:

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

(b)Title 59, Chapter 28, State Transient Room Tax Act.

(6)Except as provided in Subsection

(7)or (8), the tax imposed under this section shall be administered, collected, and enforced in accordance with:

(a)the same procedures used to administer, collect, and enforce the tax under:

(i)Title 59, Chapter 12, Part 1, Tax Collection; or

(ii)Title 59, Chapter 12, Part 2, Local Sales and Use Tax Act; and

(b)Title 59, Chapter 1, General Taxation Policies.

(7)The location of a transaction shall be determined in accordance with Sections 59-12-211 through 59-12-215 .

(a)A tax under this section is not subject to Section 59-12-107.1 or 59-12-123 or Subsections 59-12-205

(2)and

(4)through (6).

(b)The exemptions described in Sections 59-12-104 , 59-12-104.1 , and 59-12-104.6 do not apply to a tax imposed under this section.

(9)The State Tax Commission shall:

(a)except as provided in Subsection (9)(b), distribute the revenue collected from the tax to the authority; and

(b)retain and deposit an administrative charge in accordance with Section 59-1-306 from revenue the commission collects from a tax under this section.

(a)If the authority imposes, repeals, or changes the rate of tax under this section, the implementation, repeal, or change shall take effect:

(i)on the first day of a calendar quarter; and

(ii)after a 90-day period beginning on the date the State Tax Commission receives the notice described in Subsection (10)(b) from the authority.

(b)The notice required in Subsection (10)(a)(ii) shall state:

(i)that the authority will impose, repeal, or change the rate of a tax under this section;

(ii)the effective date of the implementation, repeal, or change of the tax; and

(iii)the rate of the tax.

(11)In addition to the uses permitted under Section 63H-1-502 , the authority may allocate revenue from the MIDA accommodations tax to a county in which a place of accommodation that is subject to the MIDA accommodations tax is located, if:

(a)the county had a transient room tax described in Section 59-12-301 in effect at the time the authority board imposed a MIDA accommodations tax by ordinance; and

(b)the revenue replaces revenue that the county received from a county transient room tax described in Section 59-12-301 for the county's general operations and administrative expenses.

Amended by Chapter 29 , 2025 General Session