Superseded 7/1/2023
| (1) |
Except as provided in Subsection (2), taxes collected under this chapter shall be paid by the commission to the state treasurer daily for deposit as follows:
Terms Used In Utah Code 59-15-109- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
| (a) |
the greater of the following shall be deposited into the Alcoholic Beverage Enforcement and Treatment Restricted Account created in Section 32B-2-403:
| (i) |
an amount calculated by:
| (A) |
determining an amount equal to 40% of the revenue collected for the fiscal year two years preceding the fiscal year for which the deposit is made; and |
| (B) |
subtracting $30,000 from the amount determined under Subsection (1)(a)(i)(A); or |
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| (b) |
the revenue collected in excess of the amount deposited in accordance with Subsection (1)(a) shall be deposited into the General Fund. |
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| (2) |
For a fiscal year beginning on or after July 1, 2020, the state treasurer shall annually deposit into the Alcoholic Beverage Enforcement and Treatment Restricted Account created in Section 32B-2-403 an amount equal to the amount of revenue generated in the current fiscal year by the portion of the tax imposed under Section 59-15-101 that exceeds:
| (a) |
$12.80 per 31-gallon barrel for beer imported or manufactured:
| (i) |
on or after July 1, 2003; and |
| (ii) |
for sale, use, or distribution in this state; and |
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| (b) |
a proportionate rate to the rate described in Subsection (2)(a) for:
| (i) |
any quantity of beer other than a 31-gallon barrel; or |
| (ii) |
the fractional parts of a 31-gallon barrel. |
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| (3) |
| (a) |
The commission shall notify the entities described in Subsection (3)(b) not later than the September 1 preceding the fiscal year of the deposit of:
| (i) |
the amount of the proceeds of the beer excise tax collected in accordance with this section for the fiscal year two years preceding the fiscal year of deposit; and |
| (ii) |
an amount equal to 40% of the amount listed in Subsection (3)(a)(i). |
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| (b) |
The notification required by Subsection (3)(a) shall be sent to:
| (i) |
the Governor’s Office of Planning and Budget; and |
| (ii) |
the Legislative Fiscal Analyst. |
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Amended by Chapter 382, 2021 General Session
