Utah Code 59-12-104. Exemptions

Superseded 7/1/2023)

Superseded 7/1/2023
59-12-104. Exemptions.
Exemptions from the taxes imposed by this chapter are as follows:

(1)	sales of aviation fuel, motor fuel, and special fuel subject to a Utah state excise tax under Chapter 13, Motor and Special Fuel Tax Act;

Terms Used In Utah Code 59-12-104

Admission or user fees: includes season passes. See Utah Code 59-12-102
Agreement: means the Streamlined Sales and Use Tax Agreement adopted on November 12, 2002, including amendments made to the Streamlined Sales and Use Tax Agreement after November 12, 2002. See Utah Code 59-12-102
Aircraft: means the same as that term is defined in Section 72-10-102. See Utah Code 59-12-102
Alternative energy: means :

(a)	biomass energy;

(b)	geothermal energy;

(c)	hydroelectric energy;

(d)	solar energy;

(e)	wind energy; or

(f)

energy that is derived from:

(i)	coal-to-liquids;

(ii)	nuclear fuel;

(iii)

oil-impregnated diatomaceous earth;

(iv)	oil sands;

(v)	oil shale;

(vi)	petroleum coke; or

(vii)

waste heat from:

(A)	an industrial facility; or

(B)

a power station in which an electric generator is driven through a process in which water is heated, turns into steam, and spins a steam turbine. See Utah Code 59-12-102

alternative energy electricity production facility: means a facility that:

(i)	uses alternative energy to produce electricity; and

(ii)

has a production capacity of two megawatts or greater. See Utah Code 59-12-102

Area agency on aging: means the same as that term is defined in Section 26B-6-101. See Utah Code 59-12-102

Assisted cleaning or washing of tangible personal property: means cleaning or washing of tangible personal property if the cleaning or washing labor is primarily performed by an individual:

(a)	who is not the purchaser of the cleaning or washing of the tangible personal property; and

(b)

at the direction of the seller of the cleaning or washing of the tangible personal property. See Utah Code 59-12-102

Authorized carrier: means :

(a)	in the case of vehicles operated over public highways, the holder of credentials indicating that the vehicle is or will be operated pursuant to both the International Registration Plan and the International Fuel Tax Agreement;

(b)	in the case of aircraft, the holder of a Federal Aviation Administration operating certificate or air carrier's operating certificate; or

(c)

in the case of locomotives, freight cars, railroad work equipment, or other rolling stock, a person who uses locomotives, freight cars, railroad work equipment, or other rolling stock in more than one state. See Utah Code 59-12-102

City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5

Common carrier: means a person engaged in or transacting the business of transporting passengers, freight, merchandise, or other property for hire within this state. See Utah Code 59-12-102

Component part: includes :

(a)	poultry, dairy, and other livestock feed, and their components;

(b)	baling ties and twine used in the baling of hay and straw;

(c)	fuel used for providing temperature control of orchards and commercial greenhouses doing a majority of their business in wholesale sales, and for providing power for off-highway type farm machinery; and

(d)

feed, seeds, and seedlings. See Utah Code 59-12-102

Construction materials: means any tangible personal property that will be converted into real property. See Utah Code 59-12-102

Contract: A legal written agreement that becomes binding when signed.

Direct mail: includes tangible personal property supplied directly or indirectly by a purchaser to a seller of direct mail for inclusion in a package containing the printed material. See Utah Code 59-12-102

Disposable home medical equipment or supplies: means medical equipment or supplies that:

(i)	cannot withstand repeated use; and

(ii)

are purchased by, for, or on behalf of a person other than:

(A)	a health care facility as defined in Section 26B-2-201;

(B)	a health care provider as defined in Section 78B-3-403;

(C)	an office of a health care provider described in Subsection (41)(a)(ii)(B); or

(D)

a person similar to a person described in Subsections (41)(a)(ii)(A) through (C). See Utah Code 59-12-102

Drug: means a compound, substance, or preparation, or a component of a compound, substance, or preparation that is:

(i)

recognized in:

(A)	the official United States Pharmacopoeia;

(B)	the official Homeopathic Pharmacopoeia of the United States;

(C)	the official National Formulary; or

(D)	a supplement to a publication listed in Subsections (43)(a)(i)(A) through (C);

(ii)

intended for use in the:

(A)	diagnosis of disease;

(B)	cure of disease;

(C)	mitigation of disease;

(D)	treatment of disease; or

(E)	prevention of disease; or

(iii)

intended to affect:

(A)	the structure of the body; or

(B)

any function of the body. See Utah Code 59-12-102

Durable medical equipment: includes parts used in the repair or replacement of the equipment described in Subsection (44)(a). See Utah Code 59-12-102

Electronic: means :

(a)	relating to technology; and

(b)

having:

(i)	electrical capabilities;

(ii)	digital capabilities;

(iii)

magnetic capabilities;

(iv)	wireless capabilities;

(v)	optical capabilities;

(vi)	electromagnetic capabilities; or

(vii)

capabilities similar to Subsections (45)(b)(i) through (vi). See Utah Code 59-12-102

Electronic financial payment service: means an establishment:

(a)	within NAICS Code 522320, Financial Transactions Processing, Reserve, and Clearinghouse Activities, of the 2012 North American Industry Classification System of the federal Executive Office of the President, Office of Management and Budget; and

(b)

that performs electronic financial payment services. See Utah Code 59-12-102

Employee: means the same as that term is defined in Section 59-10-401. See Utah Code 59-12-102

Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.

Fixed wing turbine powered aircraft: means an aircraft that:

(a)	is powered by turbine engines;

(b)	operates on jet fuel; and

(c)

has wings that are permanently attached to the fuselage of the aircraft. See Utah Code 59-12-102

Fundraising sales: means sales:

(i)

(A)	made by a school; or

(B)	made by a school student;

(ii)	that are for the purpose of raising funds for the school to purchase equipment, materials, or provide transportation; and

(iii)

that are part of an officially sanctioned school activity. See Utah Code 59-12-102

governmental entity: means :

(i)	the executive branch of the state, including all departments, institutions, boards, divisions, bureaus, offices, commissions, and committees;

(ii)	the judicial branch of the state, including the courts, the Judicial Council, the Administrative Office of the Courts, and similar administrative units in the judicial branch;

(iii)

the legislative branch of the state, including the House of Representatives, the Senate, the Legislative Printing Office, the Office of Legislative Research and General Counsel, the Office of the Legislative Auditor General, and the Office of the Legislative Fiscal Analyst;

(iv)	the National Guard;

(v)	an independent entity as defined in Section 63E-1-102; or

(vi)

a political subdivision as defined in Section 17B-1-102. See Utah Code 59-12-102

Industrial use: means the use of natural gas, electricity, heat, coal, fuel oil, or other fuels:

(a)	in mining or extraction of minerals;

(b)

in agricultural operations to produce an agricultural product up to the time of harvest or placing the agricultural product into a storage facility, including:

(i)	commercial greenhouses;

(ii)	irrigation pumps;

(iii)

farm machinery;

(iv)	implements of husbandry as defined in Section 41-1a-102 that are not registered under 2; and

(v)	other farming activities;

(c)

in manufacturing tangible personal property at an establishment described in:

(i)	SIC Codes 2000 to 3999 of the 1987 Standard Industrial Classification Manual of the federal Executive Office of the President, Office of Management and Budget; or

(ii)	a NAICS code within NAICS Sector 31-33, Manufacturing, of the 2017 North American Industry Classification System of the federal Executive Office of the President, Office of Management and Budget;

(d)

by a scrap recycler if:

(i)

from a fixed location, the scrap recycler utilizes machinery or equipment to process one or more of the following items into prepared grades of processed materials for use in new products:

(A)

iron;

(B)

steel;

(C)	nonferrous metal;

(D)

paper;

(E)

glass;

(F)

plastic;

(G)	textile; or

(H)	rubber; and

(ii)	the new products under Subsection (57)(d)(i) would otherwise be made with nonrecycled materials; or

(e)

in producing a form of energy or steam described in Subsection 54-2-1(3)(a) by a cogeneration facility as defined in Section 54-2-1. See Utah Code 59-12-102

Institution of higher education: means an institution of higher education listed in Section 53B-2-101. See Utah Code 59-12-102

Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}

Legal tender: coins, dollar bills, or other currency issued by a government as official money. ^{Source: U.S. Mint}

Life science research and development facility: means a facility owned, leased, or rented by a life science establishment if research and development is performed in 51% or more of the total area of the facility. See Utah Code 59-12-102

Manufactured home: means the same as that term is defined in Section 15A-1-302. See Utah Code 59-12-102

Manufacturing facility: means :

(a)

an establishment described in:

(i)	SIC Codes 2000 to 3999 of the 1987 Standard Industrial Classification Manual of the federal Executive Office of the President, Office of Management and Budget; or

(ii)	a NAICS code within NAICS Sector 31-33, Manufacturing, of the 2017 North American Industry Classification System of the federal Executive Office of the President, Office of Management and Budget;

(b)

a scrap recycler if:

(i)

from a fixed location, the scrap recycler utilizes machinery or equipment to process one or more of the following items into prepared grades of processed materials for use in new products:

(A)

iron;

(B)

steel;

(C)	nonferrous metal;

(D)

paper;

(E)

glass;

(F)

plastic;

(G)	textile; or

(H)	rubber; and

(ii)	the new products under Subsection (67)(b)(i) would otherwise be made with nonrecycled materials; or

(c)

a cogeneration facility as defined in Section 54-2-1 if the cogeneration facility is placed in service on or after May 1, 2006. See Utah Code 59-12-102

Member of the immediate family of the producer: means a person who is related to a producer described in Subsection 59-12-104(20)(a) as a:

(a)

child or stepchild, regardless of whether the child or stepchild is:

(i)	an adopted child or adopted stepchild; or

(ii)	a foster child or foster stepchild;

(b)	grandchild or stepgrandchild;

(c)	grandparent or stepgrandparent;

(d)	nephew or stepnephew;

(e)	niece or stepniece;

(f)	parent or stepparent;

(g)	sibling or stepsibling;

(h)

spouse;

(i)	person who is the spouse of a person described in Subsections (71)(a) through (g); or

(j)

person similar to a person described in Subsections (71)(a) through (i) as determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 59-12-102

Mobility enhancing equipment: includes parts used in the repair or replacement of the equipment described in Subsection (75)(a). See Utah Code 59-12-102

Motor vehicle: means the same as that term is defined in Section 41-1a-102. See Utah Code 59-12-102

Other fuels: includes oxygen when it is used in the manufacturing of tangible personal property. See Utah Code 59-12-102

Pawn transaction: means the same as that term is defined in Section 13-32a-102. See Utah Code 59-12-102

Pawnbroker: means the same as that term is defined in Section 13-32a-102. See Utah Code 59-12-102

Person: includes any individual, firm, partnership, joint venture, association, corporation, estate, trust, business trust, receiver, syndicate, this state, any county, city, municipality, district, or other local governmental entity of the state, or any group or combination acting as a unit. See Utah Code 59-12-102

Personal property: includes :Utah Code 68-3-12.5

Personal property: All property that is not real property.

Postproduction: means an activity related to the finishing or duplication of a medium described in Subsection 59-12-104(54)(a). See Utah Code 59-12-102

Prepared food: means :

(i)

food:

(A)	sold in a heated state; or

(B)	heated by a seller;

(ii)	two or more food ingredients mixed or combined by the seller for sale as a single item; or

(iii)

except as provided in Subsection (96)(c), food sold with an eating utensil provided by the seller, including a:

(A)

plate;

(B)

knife;

(C)

fork;

(D)

spoon;

(E)

glass;

(F)

cup;

(G)	napkin; or

(H)

straw. See Utah Code 59-12-102

Prescription: means an order, formula, or recipe that is issued:

(a)

(i)

orally;

(ii)	in writing;

(iii)

electronically; or

(iv)	by any other manner of transmission; and

(b)

by a licensed practitioner authorized by the laws of a state. See Utah Code 59-12-102

Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5

product transferred electronically: means a product transferred electronically that would be subject to a tax under this chapter if that product was transferred in a manner other than electronically. See Utah Code 59-12-102

Property: includes both real and personal property. See Utah Code 68-3-12.5

Prosthetic device: includes :

(i)	parts used in the repairs or renovation of a prosthetic device;

(ii)	replacement parts for a prosthetic device;

(iii)

a dental prosthesis; or

(iv)

a hearing aid. See Utah Code 59-12-102

Purchaser: means a person to whom:

(a)	a sale of tangible personal property is made;

(b)	a product is transferred electronically; or

(c)

a service is furnished. See Utah Code 59-12-102

Qualifying data center: means a data center facility that:

(a)	houses a group of networked server computers in one physical location in order to disseminate, manage, and store data and information;

(b)	is located in the state;

(c)	is a new operation constructed on or after July 1, 2016;

(d)	consists of one or more buildings that total 150,000 or more square feet;

(e)

is owned or leased by:

(i)	the operator of the data center facility; or

(ii)	a person under common ownership, as defined in Section 59-7-101, of the operator of the data center facility; and

(f)

is located on one or more parcels of land that are owned or leased by:

(i)	the operator of the data center facility; or

(ii)

a person under common ownership, as defined in Section 59-7-101, of the operator of the data center facility. See Utah Code 59-12-102

real property: includes :Utah Code 68-3-12.5

Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.

rental: includes an agreement covering a motor vehicle and trailer if the amount of consideration may be increased or decreased by reference to the amount realized upon sale or disposition of the property as defined in Section 7701(h)(1), Internal Revenue Code. See Utah Code 59-12-102

repairs or renovations of tangible personal property: means :

(i)	a repair or renovation of tangible personal property that is not permanently attached to real property; or

(ii)

attaching tangible personal property or a product transferred electronically to other tangible personal property or detaching tangible personal property or a product transferred electronically from other tangible personal property if:

(A)	the other tangible personal property to which the tangible personal property or product transferred electronically is attached or from which the tangible personal property or product transferred electronically is detached is not permanently attached to real property; and

(B)

the attachment of tangible personal property or a product transferred electronically to other tangible personal property or detachment of tangible personal property or a product transferred electronically from other tangible personal property is made in conjunction with a repair or replacement of tangible personal property or a product transferred electronically. See Utah Code 59-12-102

Research and development: means the process of inquiry or experimentation aimed at the discovery of facts, devices, technologies, or applications and the process of preparing those devices, technologies, or applications for marketing. See Utah Code 59-12-102

Residential use: means the use in or around a home, apartment building, sleeping quarters, and similar facilities or accommodations. See Utah Code 59-12-102

Retailer: includes commission merchants, auctioneers, and any person regularly engaged in the business of selling to users or consumers within the state. See Utah Code 59-12-102

Road: includes :Utah Code 68-3-12.5

Sale: includes :

(i)	installment and credit sales;

(ii)	any closed transaction constituting a sale;

(iii)

any sale of electrical energy, gas, services, or entertainment taxable under this chapter;

(iv)	any transaction if the possession of property is transferred but the seller retains the title as security for the payment of the price; and

(v)

any transaction under which right to possession, operation, or use of any article of tangible personal property is granted under a lease or contract and the transfer of possession would be taxable if an outright sale were made. See Utah Code 59-12-102

Sale-leaseback transaction: means a transaction by which title to tangible personal property or a product transferred electronically that is subject to a tax under this chapter is transferred:

(a)	by a purchaser-lessee;

(b)	to a lessor;

(c)	for consideration; and

(d)

if:

(i)	the purchaser-lessee paid sales and use tax on the purchaser-lessee's initial purchase of the tangible personal property or product transferred electronically;

(ii)

the sale of the tangible personal property or product transferred electronically to the lessor is intended as a form of financing:

(A)	for the tangible personal property or product transferred electronically; and

(B)	to the purchaser-lessee; and

(iii)

in accordance with generally accepted accounting principles, the purchaser-lessee is required to:

(A)	capitalize the tangible personal property or product transferred electronically for financial reporting purposes; and

(B)

account for the lease payments as payments made under a financing arrangement. See Utah Code 59-12-102

sales price: include :

(i)	the seller's cost of the tangible personal property, a product transferred electronically, or services sold;

(ii)

expenses of the seller, including:

(A)	the cost of materials used;

(B)	a labor cost;

(C)	a service cost;

(D)

interest;

(E)

a loss;

(F)	the cost of transportation to the seller; or

(G)	a tax imposed on the seller;

(iii)

a charge by the seller for any service necessary to complete the sale; or

(iv)

consideration a seller receives from a person other than the purchaser if:

(A)

(I)	the seller actually receives consideration from a person other than the purchaser; and

(II)	the consideration described in Subsection (104)(b)(iv)(A)(I) is directly related to a price reduction or discount on the sale;

(B)	the seller has an obligation to pass the price reduction or discount through to the purchaser;

(C)	the amount of the consideration attributable to the sale is fixed and determinable by the seller at the time of the sale to the purchaser; and

(D)

(I)

(Aa)	the purchaser presents a certificate, coupon, or other documentation to the seller to claim a price reduction or discount; and

(Bb)	a person other than the seller authorizes, distributes, or grants the certificate, coupon, or other documentation with the understanding that the person other than the seller will reimburse any seller to whom the certificate, coupon, or other documentation is presented;

(II)

the purchaser identifies that purchaser to the seller as a member of a group or organization allowed a price reduction or discount, except that a preferred customer card that is available to any patron of a seller does not constitute membership in a group or organization allowed a price reduction or discount; or

(III)

the price reduction or discount is identified as a third party price reduction or discount on the:

(Aa)	invoice the purchaser receives; or

(Bb)

certificate, coupon, or other documentation the purchaser presents. See Utah Code 59-12-102

Sales relating to schools: means the following sales by, amounts paid to, or amounts charged by a school:

(i)

sales that are directly related to the school's educational functions or activities including:

(A)

the sale of:

(I)	textbooks;

(II)	textbook fees;

(III)

laboratory fees;

(IV)	laboratory supplies; or

(V)	safety equipment;

(B)

the sale of a uniform, protective equipment, or sports or recreational equipment that:

(I)	a student is specifically required to wear as a condition of participation in a school-related event or school-related activity; and

(II)	is not readily adaptable to general or continued usage to the extent that it takes the place of ordinary clothing;

(C)

sales of the following if the net or gross revenues generated by the sales are deposited into a school district fund or school fund dedicated to school meals:

(I)	food and food ingredients; or

(II)	prepared food; or

(D)	transportation charges for official school activities; or

(ii)

amounts paid to or amounts charged by a school for admission to a school-related event or school-related activity. See Utah Code 59-12-102

school: means :

(a)

an elementary school or a secondary school that:

(i)

is a:

(A)	public school; or

(B)	private school; and

(ii)	provides instruction for one or more grades kindergarten through 12; or

(b)

a public school district. See Utah Code 59-12-102

Seller: includes a marketplace facilitator. See Utah Code 59-12-102

Senior citizen center: means a facility having the primary purpose of providing services to the aged as defined in Section 26B-6-101. See Utah Code 59-12-102

Short-term lodging consumable: includes :

(i)	a beverage;

(ii)	a brush or comb;

(iii)

a cosmetic;

(iv)	a hair care product;

(v)

lotion;

(vi)	a magazine;

(vii)

makeup;

(viii)

a meal;

(ix)	mouthwash;

(x)	nail polish remover;

(xi)	a newspaper;

(xii)

a notepad;

(xiii)

a pen;

(xiv)

a pencil;

(xv)

a razor;

(xvi)

saline solution;

(xvii)

a sewing kit;

(xviii)

shaving cream;

(xix)

a shoe shine kit;

(xx)	a shower cap;

(xxi)

a snack item;

(xxii)

soap;

(xxiii)

toilet paper;

(xxiv)

a toothbrush;

(xxv)

toothpaste; or

(xxvi)

an item similar to Subsections (124)(b)(i) through (xxv) as the commission may provide by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 59-12-102

State: means the state of Utah, its departments, and agencies. See Utah Code 59-12-102

Tangible personal property: includes :

(i)	electricity;

(ii)

water;

(iii)

gas;

(iv)

steam; or

(v)

prewritten computer software, regardless of the manner in which the prewritten computer software is transferred. See Utah Code 59-12-102

Telecommunications service: includes :

(i)

an electronic conveyance, routing, or transmission with respect to which a computer processing application is used to act:

(A)	on the code, form, or protocol of the content;

(B)	for the purpose of electronic conveyance, routing, or transmission; and

(C)

regardless of whether the service:

(I)	is referred to as voice over Internet protocol service; or

(II)	is classified by the Federal Communications Commission as enhanced or value added;

(ii)	an 800 service;

(iii)

a 900 service;

(iv)	a fixed wireless service;

(v)	a mobile wireless service;

(vi)	a postpaid calling service;

(vii)

a prepaid calling service;

(viii)

a prepaid wireless calling service; or

(ix)

a private communications service. See Utah Code 59-12-102

Telecommunications service provider: means a person that:

(i)	owns, controls, operates, or manages a telecommunications service; and

(ii)

engages in an activity described in Subsection (135)(a)(i) for the shared use with or resale to any person of the telecommunications service. See Utah Code 59-12-102

Textbook for a higher education course: includes a textbook in electronic format. See Utah Code 59-12-102

Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5

Unassisted amusement device: means an amusement device, skill device, or ride device that is started and stopped by the purchaser or renter of the right to use or operate the amusement device, skill device, or ride device. See Utah Code 59-12-102

United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5

Use: means the exercise of any right or power over tangible personal property, a product transferred electronically, or a service under Subsection 59-12-103(1), incident to the ownership or the leasing of that tangible personal property, product transferred electronically, or service. See Utah Code 59-12-102

User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.

vehicle: includes :

(i)	a vehicle described in Subsection (143)(a); or

(ii)

(A)	a locomotive;

(B)	a freight car;

(C)	railroad work equipment; or

(D)

other railroad rolling stock. See Utah Code 59-12-102

Vehicle dealer: means a person engaged in the business of buying, selling, or exchanging a vehicle as defined in Subsection (143). See Utah Code 59-12-102

Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5

waste energy facility: means a facility that generates electricity:

(i)

using as the primary source of energy waste materials that would be placed in a landfill or refuse pit if it were not used to generate electricity, including:

(A)

tires;

(B)	waste coal;

(C)	oil shale; or

(D)	municipal solid waste; and

(ii)

in amounts greater than actually required for the operation of the facility. See Utah Code 59-12-102

(2)

subject to Section 59-12-104.6, sales to the state, its institutions, and its political subdivisions; however, this exemption does not apply to sales of:

(a)

construction materials except:

(i)

construction materials purchased by or on behalf of institutions of the public education system as defined in Utah Constitution, Article X, Section 2, provided the construction materials are clearly identified and segregated and installed or converted to real property which is owned by institutions of the public education system; and

(ii)	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; or

(b)	tangible personal property in connection with the construction, operation, maintenance, repair, or replacement of a project, as defined in Section 11-13-103, or facilities providing additional project capacity, as defined in Section 11-13-103;

(3)

(a)

sales of an item described in Subsection (3)(b) from a vending machine if:

(i)	the proceeds of each sale do not exceed $1; and

(ii)	the seller or operator of the vending machine reports an amount equal to 150% of the cost of the item described in Subsection (3)(b) as goods consumed; and

(b)

Subsection (3)(a) applies to:

(i)	food and food ingredients; or

(ii)	prepared food;

(4)

(a)

sales of the following to a commercial airline carrier for in-flight consumption:

(i)	alcoholic beverages;

(ii)	food and food ingredients; or

(iii)

prepared food;

(b)

sales of tangible personal property or a product transferred electronically:

(i)	to a passenger;

(ii)	by a commercial airline carrier; and

(iii)

during a flight for in-flight consumption or in-flight use by the passenger; or

(c)	services related to Subsection (4)(a) or (b);

(5)	sales of parts and equipment for installation in an aircraft operated by a common carrier in interstate or foreign commerce;

(6)	sales of commercials, motion picture films, prerecorded audio program tapes or records, and prerecorded video tapes by a producer, distributor, or studio to a motion picture exhibitor, distributor, or commercial television or radio broadcaster;

(7)

(a)	except as provided in Subsection (85) and subject to Subsection (7)(b), sales of cleaning or washing of tangible personal property if the cleaning or washing of the tangible personal property is not assisted cleaning or washing of tangible personal property;

(b)

if a seller that sells at the same business location assisted cleaning or washing of tangible personal property and cleaning or washing of tangible personal property that is not assisted cleaning or washing of tangible personal property, the exemption described in Subsection (7)(a) applies if the seller separately accounts for the sales of the assisted cleaning or washing of the tangible personal property; and

(c)

for purposes of Subsection (7)(b) and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules:

(i)	governing the circumstances under which sales are at the same business location; and

(ii)	establishing the procedures and requirements for a seller to separately account for sales of assisted cleaning or washing of tangible personal property;

(8)	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;

(9)

sales of a vehicle of a type required to be registered under the motor vehicle laws of this state if the vehicle is:

(a)	not registered in this state; and

(b)

(i)	not used in this state; or

(ii)

used in this state:

(A)

if the vehicle is not used to conduct business, for a time period that does not exceed the longer of:

(I)	30 days in any calendar year; or

(II)	the time period necessary to transport the vehicle to the borders of this state; or

(B)	if the vehicle is used to conduct business, for the time period necessary to transport the vehicle to the borders of this state;

(10)

(a)

amounts paid for an item described in Subsection (10)(b) if:

(i)	the item is intended for human use; and

(ii)

(A)	a prescription was issued for the item; or

(B)	the item was purchased by a hospital or other medical facility; and

(b)

(i)

Subsection (10)(a) applies to:

(A)

a drug;

(B)	a syringe; or

(C)	a stoma supply; and

(ii)

in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may by rule define the terms:

(A)	“syringe”; or

(B)	“stoma supply”;

(11)	purchases or leases exempt under Section 19-12-201;

(12)

(a)

sales of an item described in Subsection (12)(c) served by:

(i)

the following if the item described in Subsection (12)(c) is not available to the general public:

(A)	a church; or

(B)	a charitable institution; or

(ii)

an institution of higher education if:

(A)	the item described in Subsection (12)(c) is not available to the general public; or

(B)	the item described in Subsection (12)(c) is prepaid as part of a student meal plan offered by the institution of higher education; or

(b)

sales of an item described in Subsection (12)(c) provided for a patient by:

(i)	a medical facility; or

(ii)	a nursing facility; and

(c)

Subsections (12)(a) and (b) apply to:

(i)	food and food ingredients;

(ii)	prepared food; or

(iii)

alcoholic beverages;

(13)

(a)

except as provided in Subsection (13)(b), the sale of tangible personal property or a product transferred electronically by a person:

(i)	regardless of the number of transactions involving the sale of that tangible personal property or product transferred electronically by that person; and

(ii)	not regularly engaged in the business of selling that type of tangible personal property or product transferred electronically;

(b)

this Subsection (13) does not apply if:

(i)	the sale is one of a series of sales of a character to indicate that the person is regularly engaged in the business of selling that type of tangible personal property or product transferred electronically;

(ii)	the person holds that person out as regularly engaged in the business of selling that type of tangible personal property or product transferred electronically;

(iii)

the person sells an item of tangible personal property or product transferred electronically that the person purchased as a sale that is exempt under Subsection (25); or

(iv)

the sale is of a vehicle or vessel 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 fair market value of the vehicle or vessel being sold at the time of the sale as determined by the commission; and

(c)

in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules establishing the circumstances under which:

(i)	a person is regularly engaged in the business of selling a type of tangible personal property or product transferred electronically;

(ii)	a sale of tangible personal property or a product transferred electronically is one of a series of sales of a character to indicate that a person is regularly engaged in the business of selling that type of tangible personal property or product transferred electronically; or

(iii)

a person holds that person out as regularly engaged in the business of selling a type of tangible personal property or product transferred electronically;

(14)

amounts paid or charged for a purchase or lease of machinery, equipment, normal operating repair or replacement parts, or materials, except for office equipment or office supplies, by:

(a)

a manufacturing facility that:

(i)	is located in the state; and

(ii)

uses or consumes the machinery, equipment, normal operating repair or replacement parts, or materials:

(A)	in the manufacturing process to manufacture an item sold as tangible personal property, as the commission may define that phrase in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; or

(B)	for a scrap recycler, to process an item sold as tangible personal property, as the commission may define that phrase in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(b)

an establishment, as the commission defines that term in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:

(i)

is described in NAICS Subsector 212, Mining (except Oil and Gas), or NAICS Code 213113, Support Activities for Coal Mining, 213114, Support Activities for Metal Mining, or 213115, Support Activities for Nonmetallic Minerals (except Fuels) Mining, of the 2002 North American Industry Classification System of the federal Executive Office of the President, Office of Management and Budget;

(ii)	is located in the state; and

(iii)

uses or consumes the machinery, equipment, normal operating repair or replacement parts, or materials in:

(A)	the production process to produce an item sold as tangible personal property, as the commission may define that phrase in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(B)	research and development, as the commission may define that phrase in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;

(C)	transporting, storing, or managing tailings, overburden, or similar waste materials produced from mining;

(D)	developing or maintaining a road, tunnel, excavation, or similar feature used in mining; or

(E)	preventing, controlling, or reducing dust or other pollutants from mining; or

(c)

an establishment, as the commission defines that term in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:

(i)	is described in NAICS Code 518112, Web Search Portals, of the 2002 North American Industry Classification System of the federal Executive Office of the President, Office of Management and Budget;

(ii)	is located in the state; and

(iii)

uses or consumes the machinery, equipment, normal operating repair or replacement parts, or materials in the operation of the web search portal;

(15)

(a)

sales of the following if the requirements of Subsection (15)(b) are met:

(i)

tooling;

(ii)	special tooling;

(iii)

support equipment;

(iv)	special test equipment; or

(v)	parts used in the repairs or renovations of tooling or equipment described in Subsections (15)(a)(i) through (iv); and

(b)

sales of tooling, equipment, or parts described in Subsection (15)(a) are exempt if:

(i)	the tooling, equipment, or parts are used or consumed exclusively in the performance of any aerospace or electronics industry contract with the United States government or any subcontract under that contract; and

(ii)

under the terms of the contract or subcontract described in Subsection (15)(b)(i), title to the tooling, equipment, or parts is vested in the United States government as evidenced by:

(A)	a government identification tag placed on the tooling, equipment, or parts; or

(B)	listing on a government-approved property record if placing a government identification tag on the tooling, equipment, or parts is impractical;

(16)	sales of newspapers or newspaper subscriptions;

(17)

(a)

except as provided in Subsection (17)(b), tangible personal property or a product transferred electronically 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:

(i)	the bill of sale or other written evidence of value of the vehicle being sold and the vehicle being traded in; or

(ii)	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; and

(b)

Subsection (17)(a) does not apply to the following items of tangible personal property or products transferred electronically traded in as full or part payment of the purchase price:

(i)

money;

(ii)	electricity;

(iii)

water;

(iv)

gas; or

(v)

steam;

(18)

(a)

(i)

except as provided in Subsection (18)(b), sales of tangible personal property or a product transferred electronically used or consumed primarily and directly in farming operations, regardless of whether the tangible personal property or product transferred electronically:

(A)	becomes part of real estate; or

(B)	is installed by a farmer, contractor, or subcontractor; or

(ii)	sales of parts used in the repairs or renovations of tangible personal property or a product transferred electronically if the tangible personal property or product transferred electronically is exempt under Subsection (18)(a)(i); and

(b)

amounts paid or charged for the following are subject to the taxes imposed by this chapter:

(i)

(A)	subject to Subsection (18)(b)(i)(B), machinery, equipment, materials, or supplies if used in a manner that is incidental to farming; and

(B)

tangible personal property that is considered to be used in a manner that is incidental to farming includes:

(I)	hand tools; or

(II)	maintenance and janitorial equipment and supplies;

(ii)

(A)	subject to Subsection (18)(b)(ii)(B), tangible personal property or a product transferred electronically if the tangible personal property or product transferred electronically is used in an activity other than farming; and

(B)

tangible personal property or a product transferred electronically that is considered to be used in an activity other than farming includes:

(I)	office equipment and supplies; or

(II)

equipment and supplies used in:

(Aa)	the sale or distribution of farm products;

(Bb)	research; or

(Cc)	transportation; or

(iii)

a vehicle required to be registered by the laws of this state during the period ending two years after the date of the vehicle’s purchase;

(19)	sales of hay;

(20)

exclusive sale during the harvest season of seasonal crops, seedling plants, or garden, farm, or other agricultural produce if the seasonal crops are, seedling plants are, or garden, farm, or other agricultural produce is sold by:

(a)	the producer of the seasonal crops, seedling plants, or garden, farm, or other agricultural produce;

(b)	an employee of the producer described in Subsection (20)(a); or

(c)	a member of the immediate family of the producer described in Subsection (20)(a);

(21)	purchases made using a coupon as defined in 7 U.S.C. § 2012 that is issued under the Food Stamp Program, 7 U.S.C. § 2011 et seq.;

(22)

sales of nonreturnable containers, nonreturnable labels, nonreturnable bags, nonreturnable shipping cases, and nonreturnable casings to a manufacturer, processor, wholesaler, or retailer for use in packaging tangible personal property to be sold by that manufacturer, processor, wholesaler, or retailer;

(23)	a product stored in the state for resale;

(24)

(a)

purchases of a product if:

(i)

the product is:

(A)	purchased outside of this state;

(B)

brought into this state:

(I)	at any time after the purchase described in Subsection (24)(a)(i)(A); and

(II)	by a nonresident person who is not living or working in this state at the time of the purchase;

(C)	used for the personal use or enjoyment of the nonresident person described in Subsection (24)(a)(i)(B)(II) while that nonresident person is within the state; and

(D)	not used in conducting business in this state; and

(ii)

for:

(A)	a product other than a boat described in Subsection (24)(a)(ii)(B), the first use of the product for a purpose for which the product is designed occurs outside of this state;

(B)	a boat, the boat is registered outside of this state; or

(C)	a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered outside of this state;

(b)

the exemption provided for in Subsection (24)(a) does not apply to:

(i)	a lease or rental of a product; or

(ii)	a sale of a vehicle exempt under Subsection (33); and

(c)

in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for purposes of Subsection (24)(a), the commission may by rule define what constitutes the following:

(i)	conducting business in this state if that phrase has the same meaning in this Subsection (24) as in Subsection (63);

(ii)	the first use of a product if that phrase has the same meaning in this Subsection (24) as in Subsection (63); or

(iii)

a purpose for which a product is designed if that phrase has the same meaning in this Subsection (24) as in Subsection (63);

(25)	a product purchased for resale in the regular course of business, either in its original form or as an ingredient or component part of a manufactured or compounded product;

(26)

a product 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 2, and no adjustment is allowed if the tax paid was greater than the tax imposed by this part and 2;

(27)	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;

(28)	purchases made in accordance with the special supplemental nutrition program for women, infants, and children established in 42 U.S.C. § 1786;

(29)

sales or leases of rolls, rollers, refractory brick, electric motors, or other replacement parts used in the furnaces, mills, or ovens of a steel mill described in SIC Code 3312 of the 1987 Standard Industrial Classification Manual of the federal Executive Office of the President, Office of Management and Budget;

(30)

sales of a boat of a type required to be registered under Title 73, Chapter 18, State Boating Act, a boat trailer, or an outboard motor if the boat, boat trailer, or outboard motor is:

(a)	not registered in this state; and

(b)

(i)	not used in this state; or

(ii)

used in this state:

(A)

if the boat, boat trailer, or outboard motor is not used to conduct business, for a time period that does not exceed the longer of:

(I)	30 days in any calendar year; or

(II)	the time period necessary to transport the boat, boat trailer, or outboard motor to the borders of this state; or

(B)	if the boat, boat trailer, or outboard motor is used to conduct business, for the time period necessary to transport the boat, boat trailer, or outboard motor to the borders of this state;

(31)	sales of aircraft manufactured in Utah;

(32)	amounts paid for the purchase of telecommunications service for purposes of providing telecommunications service;

(33)

sales, leases, or uses of the following:

(a)	a vehicle by an authorized carrier; or

(b)

tangible personal property that is installed on a vehicle:

(i)	sold or leased to or used by an authorized carrier; and

(ii)	before the vehicle is placed in service for the first time;

(34)

(a)	45% of the sales price of any new manufactured home; and

(b)	100% of the sales price of any used manufactured home;

(35)	sales relating to schools and fundraising sales;

(36)

sales or rentals of durable medical equipment if:

(a)	a person presents a prescription for the durable medical equipment; and

(b)	the durable medical equipment is used for home use only;

(37)

(a)	sales to a ski resort of electricity to operate a passenger ropeway as defined in Section 72-11-102; and

(b)	the commission shall by rule determine the method for calculating sales exempt under Subsection (37)(a) that are not separately metered and accounted for in utility billings;

(38)

sales to a ski resort of:

(a)	snowmaking equipment;

(b)	ski slope grooming equipment;

(c)	passenger ropeways as defined in Section 72-11-102; or

(d)	parts used in the repairs or renovations of equipment or passenger ropeways described in Subsections (38)(a) through (c);

(39)	subject to Subsection 59-12-103(2)(j), sales of natural gas, electricity, heat, coal, fuel oil, or other fuels for industrial use;

(40)

(a)	subject to Subsection (40)(b), sales or rentals of the right to use or operate for amusement, entertainment, or recreation an unassisted amusement device as defined in Section 59-12-102;

(b)

if a seller that sells or rents at the same business location the right to use or operate for amusement, entertainment, or recreation one or more unassisted amusement devices and one or more assisted amusement devices, the exemption described in Subsection (40)(a) applies if the seller separately accounts for the sales or rentals of the right to use or operate for amusement, entertainment, or recreation for the assisted amusement devices; and

(c)

for purposes of Subsection (40)(b) and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules:

(i)	governing the circumstances under which sales are at the same business location; and

(ii)	establishing the procedures and requirements for a seller to separately account for the sales or rentals of the right to use or operate for amusement, entertainment, or recreation for assisted amusement devices;

(41)

(a)

sales of photocopies by:

(i)	a governmental entity; or

(ii)

an entity within the state system of public education, including:

(A)	a school; or

(B)	the State Board of Education; or

(b)	sales of publications by a governmental entity;

(42)	amounts paid for admission to an athletic event at an institution of higher education that is subject to the provisions of Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq.;

(43)

(a)

sales made to or by:

(i)	an area agency on aging; or

(ii)	a senior citizen center owned by a county, city, or town; or

(b)	sales made by a senior citizen center that contracts with an area agency on aging;

(44)

sales or leases of semiconductor fabricating, processing, research, or development materials regardless of whether the semiconductor fabricating, processing, research, or development materials:

(a)	actually come into contact with a semiconductor; or

(b)	ultimately become incorporated into real property;

(45)	an amount paid by or charged to a purchaser for accommodations and services described in Subsection 59-12-103(1)(i) to the extent the amount is exempt under Section 59-12-104.2;

(46)	the lease or use of a vehicle issued a temporary sports event registration certificate in accordance with Section 41-3-306 for the event period specified on the temporary sports event registration certificate;

(47)

(a)	sales or uses of electricity, if the sales or uses are made under a retail tariff adopted by the Public Service Commission only for purchase of electricity produced from a new alternative energy source built after January 1, 2016, as designated in the tariff by the Public Service Commission; and

(b)

for a residential use customer only, the exemption under Subsection (47)(a) applies only to the portion of the tariff rate a customer pays under the tariff described in Subsection (47)(a) that exceeds the tariff rate under the tariff described in Subsection (47)(a) that the customer would have paid absent the tariff;

(48)	sales or rentals of mobility enhancing equipment if a person presents a prescription for the mobility enhancing equipment;

(49)

sales of water in a:

(a)

pipe;

(b)

conduit;

(c)

ditch; or

(d)	reservoir;

(50)	sales of currency or coins that constitute legal tender of a state, the United States, or a foreign nation;

(51)

(a)

sales of an item described in Subsection (51)(b) if the item:

(i)	does not constitute legal tender of a state, the United States, or a foreign nation; and

(ii)	has a gold, silver, or platinum content of 50% or more; and

(b)

Subsection (51)(a) applies to a gold, silver, or platinum:

(i)

ingot;

(ii)

bar;

(iii)

medallion; or

(iv)	decorative coin;

(52)	amounts paid on a sale-leaseback transaction;

(53)

sales of a prosthetic device:

(a)	for use on or in a human; and

(b)

(i)	for which a prescription is required; or

(ii)	if the prosthetic device is purchased by a hospital or other medical facility;

(54)

(a)

except as provided in Subsection (54)(b), purchases, leases, or rentals of machinery or equipment by an establishment described in Subsection (54)(c) if the machinery or equipment is primarily used in the production or postproduction of the following media for commercial distribution:

(i)	a motion picture;

(ii)	a television program;

(iii)

a movie made for television;

(iv)	a music video;

(v)	a commercial;

(vi)	a documentary; or

(vii)

a medium similar to Subsections (54)(a)(i) through (vi) as determined by the commission by administrative rule made in accordance with Subsection (54)(d); or

(b)

purchases, leases, or rentals of machinery or equipment by an establishment described in Subsection (54)(c) that is used for the production or postproduction of the following are subject to the taxes imposed by this chapter:

(i)	a live musical performance;

(ii)	a live news program; or

(iii)

a live sporting event;

(c)

the following establishments listed in the 1997 North American Industry Classification System of the federal Executive Office of the President, Office of Management and Budget, apply to Subsections (54)(a) and (b):

(i)	NAICS Code 512110; or

(ii)	NAICS Code 51219; and

(d)

in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may by rule:

(i)	prescribe what constitutes a medium similar to Subsections (54)(a)(i) through (vi); or

(ii)

define:

(A)	“commercial distribution”;

(B)	“live musical performance”;

(C)	“live news program”; or

(D)	“live sporting event”;

(55)

(a)

leases of seven or more years or purchases made on or after July 1, 2004, but on or before June 30, 2027, of tangible personal property that:

(i)

is leased or purchased for or by a facility that:

(A)	is an alternative energy electricity production facility;

(B)	is located in the state; and

(C)

(I)	becomes operational on or after July 1, 2004; or

(II)	has its generation capacity increased by one or more megawatts on or after July 1, 2004, as a result of the use of the tangible personal property;

(ii)	has an economic life of five or more years; and

(iii)

is used to make the facility or the increase in capacity of the facility described in Subsection (55)(a)(i) operational up to the point of interconnection with an existing transmission grid including:

(A)	a wind turbine;

(B)	generating equipment;

(C)	a control and monitoring system;

(D)	a power line;

(E)	substation equipment;

(F)

lighting;

(G)

fencing;

(H)

pipes; or

(I)	other equipment used for locating a power line or pole; and

(b)

this Subsection (55) does not apply to:

(i)

tangible personal property used in construction of:

(A)	a new alternative energy electricity production facility; or

(B)	the increase in the capacity of an alternative energy electricity production facility;

(ii)	contracted services required for construction and routine maintenance activities; and

(iii)

unless the tangible personal property is used or acquired for an increase in capacity of the facility described in Subsection (55)(a)(i)(C)(II), tangible personal property used or acquired after:

(A)	the alternative energy electricity production facility described in Subsection (55)(a)(i) is operational as described in Subsection (55)(a)(iii); or

(B)	the increased capacity described in Subsection (55)(a)(i) is operational as described in Subsection (55)(a)(iii);

(56)

(a)

leases of seven or more years or purchases made on or after July 1, 2004, but on or before June 30, 2027, of tangible personal property that:

(i)

is leased or purchased for or by a facility that:

(A)	is a waste energy production facility;

(B)	is located in the state; and

(C)

(I)	becomes operational on or after July 1, 2004; or

(II)	has its generation capacity increased by one or more megawatts on or after July 1, 2004, as a result of the use of the tangible personal property;

(ii)	has an economic life of five or more years; and

(iii)

is used to make the facility or the increase in capacity of the facility described in Subsection (56)(a)(i) operational up to the point of interconnection with an existing transmission grid including:

(A)	generating equipment;

(B)	a control and monitoring system;

(C)	a power line;

(D)	substation equipment;

(E)

lighting;

(F)

fencing;

(G)

pipes; or

(H)	other equipment used for locating a power line or pole; and

(b)

this Subsection (56) does not apply to:

(i)

tangible personal property used in construction of:

(A)	a new waste energy facility; or

(B)	the increase in the capacity of a waste energy facility;

(ii)	contracted services required for construction and routine maintenance activities; and

(iii)

unless the tangible personal property is used or acquired for an increase in capacity described in Subsection (56)(a)(i)(C)(II), tangible personal property used or acquired after:

(A)	the waste energy facility described in Subsection (56)(a)(i) is operational as described in Subsection (56)(a)(iii); or

(B)	the increased capacity described in Subsection (56)(a)(i) is operational as described in Subsection (56)(a)(iii);

(57)

(a)

leases of five or more years or purchases made on or after July 1, 2004, but on or before June 30, 2027, of tangible personal property that:

(i)

is leased or purchased for or by a facility that:

(A)	is located in the state;

(B)

produces fuel from alternative energy, including:

(I)	methanol; or

(II)	ethanol; and

(C)

(I)	becomes operational on or after July 1, 2004; or

(II)	has its capacity to produce fuel increase by 25% or more on or after July 1, 2004, as a result of the installation of the tangible personal property;

(ii)	has an economic life of five or more years; and

(iii)

is installed on the facility described in Subsection (57)(a)(i);

(b)

this Subsection (57) does not apply to:

(i)

tangible personal property used in construction of:

(A)	a new facility described in Subsection (57)(a)(i); or

(B)	the increase in capacity of the facility described in Subsection (57)(a)(i); or

(ii)	contracted services required for construction and routine maintenance activities; and

(iii)

unless the tangible personal property is used or acquired for an increase in capacity described in Subsection (57)(a)(i)(C)(II), tangible personal property used or acquired after:

(A)	the facility described in Subsection (57)(a)(i) is operational; or

(B)	the increased capacity described in Subsection (57)(a)(i) is operational;

(58)

(a)

subject to Subsection (58)(b), sales of tangible personal property or a product transferred electronically to a person within this state if that tangible personal property or product transferred electronically is subsequently shipped outside the state and incorporated pursuant to contract into and becomes a part of real property located outside of this state; and

(b)

the exemption under Subsection (58)(a) is not allowed to the extent that the other state or political entity to which the tangible personal property is shipped imposes a sales, use, gross receipts, or other similar transaction excise tax on the transaction against which the other state or political entity allows a credit for sales and use taxes imposed by this chapter;

(59)

purchases:

(a)

of one or more of the following items in printed or electronic format:

(i)

a list containing information that includes one or more:

(A)

names; or

(B)	addresses; or

(ii)

a database containing information that includes one or more:

(A)

names; or

(B)	addresses; and

(b)	used to send direct mail;

(60)

redemptions or repurchases of a product by a person if that product was:

(a)	delivered to a pawnbroker as part of a pawn transaction; and

(b)	redeemed or repurchased within the time period established in a written agreement between the person and the pawnbroker for redeeming or repurchasing the product;

(61)

(a)

purchases or leases of an item described in Subsection (61)(b) if the item:

(i)	is purchased or leased by, or on behalf of, a telecommunications service provider; and

(ii)	has a useful economic life of one or more years; and

(b)

the following apply to Subsection (61)(a):

(i)	telecommunications enabling or facilitating equipment, machinery, or software;

(ii)	telecommunications equipment, machinery, or software required for 911 service;

(iii)

telecommunications maintenance or repair equipment, machinery, or software;

(iv)	telecommunications switching or routing equipment, machinery, or software; or

(v)	telecommunications transmission equipment, machinery, or software;

(62)

(a)	beginning on July 1, 2006, and ending on June 30, 2027, purchases of tangible personal property or a product transferred electronically that are used in the research and development of alternative energy technology; and

(b)

in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may, for purposes of Subsection (62)(a), make rules defining what constitutes purchases of tangible personal property or a product transferred electronically that are used in the research and development of alternative energy technology;

(63)

(a)

purchases of tangible personal property or a product transferred electronically if:

(i)

the tangible personal property or product transferred electronically is:

(A)	purchased outside of this state;

(B)	brought into this state at any time after the purchase described in Subsection (63)(a)(i)(A); and

(C)	used in conducting business in this state; and

(ii)

for:

(A)	tangible personal property or a product transferred electronically other than the tangible personal property described in Subsection (63)(a)(ii)(B), the first use of the property for a purpose for which the property is designed occurs outside of this state; or

(B)	a vehicle other than a vehicle sold to an authorized carrier, the vehicle is registered outside of this state and not required to be registered in this state under Section 41-1a-202 or 73-18-9 based on residency;

(b)

the exemption provided for in Subsection (63)(a) does not apply to:

(i)	a lease or rental of tangible personal property or a product transferred electronically; or

(ii)	a sale of a vehicle exempt under Subsection (33); and

(c)

in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for purposes of Subsection (63)(a), the commission may by rule define what constitutes the following:

(i)	conducting business in this state if that phrase has the same meaning in this Subsection (63) as in Subsection (24);

(ii)	the first use of tangible personal property or a product transferred electronically if that phrase has the same meaning in this Subsection (63) as in Subsection (24); or

(iii)

a purpose for which tangible personal property or a product transferred electronically is designed if that phrase has the same meaning in this Subsection (63) as in Subsection (24);

(64)

sales of disposable home medical equipment or supplies if:

(a)	a person presents a prescription for the disposable home medical equipment or supplies;

(b)	the disposable home medical equipment or supplies are used exclusively by the person to whom the prescription described in Subsection (64)(a) is issued; and

(c)

the disposable home medical equipment and supplies are listed as eligible for payment under:

(i)	Title XVIII, federal Social Security Act; or

(ii)	the state plan for medical assistance under Title XIX, federal Social Security Act;

(65)

sales:

(a)	to a public transit district under 8; or

(b)

of tangible personal property to a subcontractor of a public transit district, if the tangible personal property is:

(i)	clearly identified; and

(ii)	installed or converted to real property owned by the public transit district;

(66)

sales of construction materials:

(a)	purchased on or after July 1, 2010;

(b)

purchased by, on behalf of, or for the benefit of an international airport:

(i)	located within a county of the first class; and

(ii)	that has a United States customs office on its premises; and

(c)

if the construction materials are:

(i)	clearly identified;

(ii)	segregated; and

(iii)

installed or converted to real property:

(A)	owned or operated by the international airport described in Subsection (66)(b); and

(B)	located at the international airport described in Subsection (66)(b);

(67)

sales of construction materials:

(a)	purchased on or after July 1, 2008;

(b)

purchased by, on behalf of, or for the benefit of a new airport:

(i)	located within a county of the second class; and

(ii)	that is owned or operated by a city in which an airline as defined in Section 59-2-102 is headquartered; and

(c)

if the construction materials are:

(i)	clearly identified;

(ii)	segregated; and

(iii)

installed or converted to real property:

(A)	owned or operated by the new airport described in Subsection (67)(b);

(B)	located at the new airport described in Subsection (67)(b); and

(C)	as part of the construction of the new airport described in Subsection (67)(b);

(68)	except for the tax imposed by Subsection 59-12-103(2)(d), sales of fuel to a common carrier that is a railroad for use in a locomotive engine;

(69)	purchases and sales described in Section 63H-4-111;

(70)

(a)

sales of tangible personal property to an aircraft maintenance, repair, and overhaul provider for use in the maintenance, repair, overhaul, or refurbishment in this state of a fixed wing turbine powered aircraft if that fixed wing turbine powered aircraft’s registration lists a state or country other than this state as the location of registry of the fixed wing turbine powered aircraft; or

(b)

sales of tangible personal property by an aircraft maintenance, repair, and overhaul provider in connection with the maintenance, repair, overhaul, or refurbishment in this state of a fixed wing turbine powered aircraft if that fixed wing turbine powered aircraft’s registration lists a state or country other than this state as the location of registry of the fixed wing turbine powered aircraft;

(71)

subject to Section 59-12-104.4, sales of a textbook for a higher education course:

(a)	to a person admitted to an institution of higher education; and

(b)	by a seller, other than a bookstore owned by an institution of higher education, if 51% or more of that seller’s sales revenue for the previous calendar quarter are sales of a textbook for a higher education course;

(72)	a license fee or tax a municipality imposes in accordance with Subsection 10-1-203(5) on a purchaser from a business for which the municipality provides an enhanced level of municipal services;

(73)

amounts paid or charged for construction materials used in the construction of a new or expanding life science research and development facility in the state, if the construction materials are:

(a)	clearly identified;

(b)	segregated; and

(c)	installed or converted to real property;

(74)

amounts paid or charged for:

(a)

a purchase or lease of machinery and equipment that:

(i)

are used in performing qualified research:

(A)	as defined in Section 41(d), Internal Revenue Code; and

(B)	in the state; and

(ii)	have an economic life of three or more years; and

(b)

normal operating repair or replacement parts:

(i)	for the machinery and equipment described in Subsection (74)(a); and

(ii)	that have an economic life of three or more years;

(75)

a sale or lease of tangible personal property used in the preparation of prepared food if:

(a)

for a sale:

(i)	the ownership of the seller and the ownership of the purchaser are identical; and

(ii)	the seller or the purchaser paid a tax under this chapter on the purchase of that tangible personal property prior to making the sale; or

(b)

for a lease:

(i)	the ownership of the lessor and the ownership of the lessee are identical; and

(ii)	the lessor or the lessee paid a tax under this chapter on the purchase of that tangible personal property prior to making the lease;

(76)

(a)

purchases of machinery or equipment if:

(i)	the purchaser is an establishment described in NAICS Subsector 713, Amusement, Gambling, and Recreation Industries, of the 2012 North American Industry Classification System of the federal Executive Office of the President, Office of Management and Budget;

(ii)

the machinery or equipment:

(A)	has an economic life of three or more years; and

(B)	is used by one or more persons who pay admission or user fees described in Subsection 59-12-103(1)(f) to the purchaser of the machinery and equipment; and

(iii)

51% or more of the purchaser’s sales revenue for the previous calendar quarter is:

(A)	amounts paid or charged as admission or user fees described in Subsection 59-12-103(1)(f); and

(B)	subject to taxation under this chapter; and

(b)

in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules for verifying that 51% of a purchaser’s sales revenue for the previous calendar quarter is:

(i)	amounts paid or charged as admission or user fees described in Subsection 59-12-103(1)(f); and

(ii)	subject to taxation under this chapter;

(77)	purchases of a short-term lodging consumable by a business that provides accommodations and services described in Subsection 59-12-103(1)(i);

(78)

amounts paid or charged to access a database:

(a)	if the primary purpose for accessing the database is to view or retrieve information from the database; and

(b)

not including amounts paid or charged for a:

(i)	digital audio work;

(ii)	digital audio-visual work; or

(iii)

digital book;

(79)

amounts paid or charged for a purchase or lease made by an electronic financial payment service, of:

(a)

machinery and equipment that:

(i)	are used in the operation of the electronic financial payment service; and

(ii)	have an economic life of three or more years; and

(b)

normal operating repair or replacement parts that:

(i)	are used in the operation of the electronic financial payment service; and

(ii)	have an economic life of three or more years;

(80)	sales of a fuel cell as defined in Section 54-15-102;

(81)

amounts paid or charged for a purchase or lease of tangible personal property or a product transferred electronically if the tangible personal property or product transferred electronically:

(a)	is stored, used, or consumed in the state; and

(b)

is temporarily brought into the state from another state:

(i)	during a disaster period as defined in Section 53-2a-1202;

(ii)	by an out-of-state business as defined in Section 53-2a-1202;

(iii)

for a declared state disaster or emergency as defined in Section 53-2a-1202; and

(iv)	for disaster- or emergency-related work as defined in Section 53-2a-1202;

(82)	sales of goods and services at a morale, welfare, and recreation facility, as defined in Section 39A-7-102, made pursuant to Title 39A, Chapter 7, Morale, Welfare, and Recreation Program;

(83)	amounts paid or charged for a purchase or lease of molten magnesium;

(84)

amounts paid or charged for a purchase or lease made by a qualifying data center or an occupant of a qualifying data center of machinery, equipment, or normal operating repair or replacement parts, if the machinery, equipment, or normal operating repair or replacement parts:

(a)

are used in:

(i)	the operation of the qualifying data center; or

(ii)	the occupant’s operations in the qualifying data center; and

(b)	have an economic life of one or more years;

(85)	sales of cleaning or washing of a vehicle, except for cleaning or washing of a vehicle that includes cleaning or washing of the interior of the vehicle;

(86)

amounts paid or charged for a purchase or lease of machinery, equipment, normal operating repair or replacement parts, catalysts, chemicals, reagents, solutions, or supplies used or consumed:

(a)	by a refiner who owns, leases, operates, controls, or supervises a refinery as defined in Section 79-6-701 located in the state;

(b)

if the machinery, equipment, normal operating repair or replacement parts, catalysts, chemicals, reagents, solutions, or supplies are used or consumed in:

(i)	the production process to produce gasoline or diesel fuel, or at which blendstock is added to gasoline or diesel fuel;

(ii)	research and development;

(iii)

transporting, storing, or managing raw materials, work in process, finished products, and waste materials produced from refining gasoline or diesel fuel, or adding blendstock to gasoline or diesel fuel;

(iv)	developing or maintaining a road, tunnel, excavation, or similar feature used in refining; or

(v)	preventing, controlling, or reducing pollutants from refining; and

(c)	if the person holds a valid refiner tax exemption certification as defined in Section 79-6-701;

(87)	amounts paid to or charged by a proprietor for accommodations and services, as defined in Section 63H-1-205, if the proprietor is subject to the MIDA accommodations tax imposed under Section 63H-1-205;

(88)

amounts paid or charged for a purchase or lease of machinery, equipment, normal operating repair or replacement parts, or materials, except for office equipment or office supplies, by an establishment, as the commission defines that term in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, that:

(a)	is described in NAICS Code 621511, Medical Laboratories, of the 2017 North American Industry Classification System of the federal Executive Office of the President, Office of Management and Budget;

(b)	is located in this state; and

(c)	uses the machinery, equipment, normal operating repair or replacement parts, or materials in the operation of the establishment;

(89)	amounts paid or charged for an item exempt under Section 59-12-104.10;

(90)

sales of a note, leaf, foil, or film, if the item:

(a)	is used as currency;

(b)	does not constitute legal tender of a state, the United States, or a foreign nation; and

(c)	has a gold, silver, or platinum metallic content of 50% or more, exclusive of any transparent polymer holder, coating, or encasement;

(91)

amounts paid or charged for admission to an indoor skydiving, rock climbing, or surfing facility, if a trained instructor:

(a)	is present with the participant, in person or by video, for the duration of the activity; and

(b)	actively instructs the participant, including providing observation or feedback;

(92)

amounts paid or charged in connection with the construction, operation, maintenance, repair, or replacement of facilities owned by or constructed for:

(a)	a distribution electrical cooperative, as defined in Section 54-2-1; or

(b)	a wholesale electrical cooperative, as defined in Section 54-2-1; and

(93)

amounts paid by the service provider for tangible personal property, other than machinery, equipment, parts, office supplies, electricity, gas, heat, steam, or other fuels, that:

(a)	is consumed in the performance of a service that is subject to tax under Subsection 59-12-103(1)(b), (f), (g), (h), (i), or (j);

(b)	has to be consumed for the service provider to provide the service described in Subsection (93)(a); and

(c)	will be consumed in the performance of the service described in Subsection (93)(a), to one or more customers, to the point that the tangible personal property disappears or cannot be used for any other purpose.

Amended by Chapter 228, 2022 General Session
Amended by Chapter 275, 2022 General Session
Amended by Chapter 280, 2022 General Session
Amended by Chapter 373, 2022 General Session

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