(1)  If a seller described in Subsection 59-12-104(71)(b) makes a sale of a textbook for a higher education course that is exempt under Subsection 59-12-104(71), the seller shall keep a record verifying that the textbook is a textbook for a higher education course.

Terms Used In Utah Code 59-12-104.4

  • 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
  • Seller: includes a marketplace facilitator. See Utah Code 59-12-102
  • Textbook for a higher education course: includes a textbook in electronic format. See Utah Code 59-12-102
  • (2)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules:

    (a)  prescribing the records a seller shall keep to verify that a textbook is a textbook for a higher education course; or

    (b)  to verify that 51% or more of a seller’s sales revenue for the previous calendar quarter are sales of a textbook for a higher education course.

    Enacted by Chapter 314, 2011 General Session