10-1-405 - Collection of taxes by commission -- Uniform interlocal agreement -- Rulemaking authority -- Charge for services. - Utah Statutes

10-1-405. Collection of taxes by commission -- Uniform interlocal agreement --Rulemaking authority -- Charge for services.
(1) Subject to the other provisions of this section, the commission shall collect, enforce,and administer any municipal telecommunications license tax imposed under this part pursuantto:
(a) the same procedures used in the administration, collection, and enforcement of thestate sales and use tax under:
(i) Title 59, Chapter 1, General Taxation Policies; and
(ii) Title 59, Chapter 12, Part 1, Tax Collection:
(A) except for:
(I) Subsection 59-12-103(2)(g);
(II) Section 59-12-104;
(III) Section 59-12-104.1;
(IV) Section 59-12-104.2;
(V) Section 59-12-104.3;
(VI) Section 59-12-107.1; and
(VII) Section 59-12-123; and
(B) except that for purposes of Section 59-1-1410, the term "person" may include acustomer from whom a municipal telecommunications license tax is recovered in accordancewith Subsection 10-1-403(2); and
(b) a uniform interlocal agreement:
(i) between:
(A) the municipality that imposes the municipal telecommunications license tax; and
(B) the commission;
(ii) that is executed under Title 11, Chapter 13, Interlocal Cooperation Act;
(iii) that complies with Subsection (2)(a); and
(iv) that is developed by rule in accordance with Subsection (2)(b).
(2) (a) The uniform interlocal agreement described in Subsection (1) shall provide thatthe commission shall:
(i) transmit money collected under this part:
(A) monthly; and
(B) by electronic funds transfer by the commission to the municipality;
(ii) conduct audits of the municipal telecommunications license tax;
(iii) charge the municipality for the commission's services under this section in anamount:
(A) sufficient to reimburse the commission for the cost to the commission in renderingthe services; and
(B) that may not exceed an amount equal to 1.5% of the municipal telecommunicationslicense tax imposed by the ordinance of the municipality; and
(iv) collect, enforce, and administer the municipal telecommunications license taxauthorized under this part pursuant to the same procedures used in the administration, collection,and enforcement of the state sales and use tax as provided in Subsection (1)(a).
(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, thecommission shall develop a uniform interlocal agreement that meets the requirements of thissection.

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(3) The administrative fee charged under Subsection (2)(a) shall be:
(a) deposited in the Sales and Use Tax Administrative Fees Account; and
(b) used for administration of municipal telecommunications license taxes under thispart.
(4) If, on July 1, 2007, a municipality has in effect an ordinance that levies a municipaltelecommunications license tax under this part at a rate that exceeds 3.5%:
(a) except as provided in Subsection (4)(b), beginning on July 1, 2007, the commissionshall collect the municipal telecommunications license tax:
(i) within the municipality;
(ii) at a rate of 3.5%; and
(iii) from a telecommunications provider required to pay the municipaltelecommunications license tax on or after July 1, 2007; and
(b) the commission shall collect a municipal telecommunications license tax within themunicipality at the rate imposed by the municipality if:
(i) after July 1, 2007, the municipality has in effect an ordinance that levies a municipaltelecommunications license tax under this part at a rate of up to 3.5%;
(ii) the municipality meets the requirements of Subsection 10-1-403(3)(b) in changingthe rate of the municipal telecommunications license tax; and
(iii) a telecommunications provider is required to pay the municipal telecommunicationslicense tax on or after the day on which the ordinance described in Subsection (4)(b)(ii) takeseffect.

Amended by Chapter 212, 2009 General Session