59-2-1365.  Payment to taxing entities by county treasurer — Investment of proceeds — Transfer and receipt of money between taxing entities.

(1)  Except as provided in Subsections (3) and (4), the county treasurer shall pay to the treasurer of each taxing entity and each tax notice charge entity in the county on or before the tenth day of each month:

Terms Used In Utah Code 59-2-1365

  • Contract: A legal written agreement that becomes binding when signed.
  • Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Tax notice charge: means an amount that:Utah Code 59-2-1301.5
  • Tax notice charge entity: means the entity that certifies to the county treasurer an outstanding amount that:Utah Code 59-2-1301.5
  • Taxing entity: means any county, city, town, school district, special taxing district, special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or other political subdivision of the state with the authority to levy a tax on property. See Utah Code 59-2-102
(a)  all money that the county treasurer received during the preceding month that is due to the entity; and

(b)  each entity’s proportionate share of money the county treasurer received during the preceding month for:

(i)  delinquent taxes and tax notice charges;

(ii)  interest;

(iii)  penalties; and

(iv)  costs on all tax sales and redemptions.

(2)  Except as provided in Subsections (3) and (4), the county treasurer shall:

(a)  adopt an appropriate procedure to account for the transfer and receipt of money between taxing entities and tax notice charge entities;

(b)  make a final annual settlement on March 31 with each taxing entity and tax notice charge entity, including providing the entity a written statement for the most recent calendar year of the amount of:

(i)  total taxes and tax notice charges charged;

(ii)  current taxes and tax notice charges collected;

(iii)  treasurer’s relief;

(iv)  redemptions;

(v)  penalties;

(vi)  interest;

(vii)  in lieu fee collections on motor vehicles; and

(viii)  miscellaneous collections;

(c)  invest the money it receives under Subsection (1); and

(d)  pay annually to each taxing entity and tax notice charge entity in the county the interest earned on the invested money under Subsection (2)(c):

(i)  on or before March 31; and

(ii)  apportioned according to the proportion that the:

(A)  taxing entity’s tax receipts bear to the total tax receipts received by the county treasurer; and

(B)  tax notice charge entity’s tax notice charge receipts bear to the total tax notice charge receipts that the county treasurer receives.

(3)  Notwithstanding Subsections (1) and (2), a county may:

(a)  negotiate with a taxing entity or tax notice charge entity a procedure other than the procedure provided in Subsection (2)(a) to account for the transfer and receipt of money between the county and the taxing entity or tax notice charge entity; and

(b)  establish a date other than the tenth day of each month for the county treasurer to make payments required under Subsection (1).

(4)  This section does not invalidate an existing contract between a county and a taxing entity or tax notice charge entity relating to the apportionment and payment of money or interest.

Amended by Chapter 197, 2018 General Session