59-14-204.5 - Application of excise tax on tribal lands. - Utah Statutes

59-14-204.5. Application of excise tax on tribal lands.
(1) (a) Cigarettes sold to or received by members of a federally recognized Indian tribethat are purchased or received on the tribal lands are not subject to the tax imposed by Section59-14-204.
(b) Cigarettes exempt from tax under Section 5704, Internal Revenue Code, anddistributed in accordance with federal regulations are not subject to the tax imposed by Section59-14-204.
(2) (a) (i) The tax applicable to cigarettes sold to or received by nontribal members ontribal lands is equal to the state tax imposed by Section 59-14-204, minus any tribal tax actuallypaid.
(ii) For purposes of this section, nontribal members includes any person who is not amember of the Indian tribe that is selling the cigarettes.
(b) If the application of the tax offset for tribal taxes permitted in Subsection (2)(a)results in a negative balance, the taxes owed to the state are zero.
(c) (i) Cigarettes taxed pursuant to this Subsection (2) shall bear a tax stamp as requiredby Section 59-14-205 in an amount equal to the tax imposed by Section 59-14-204.
(ii) The commission shall at least semi-annually rebate to an Indian tribal entity that is incompliance with this chapter the lesser of:
(A) an amount equal to the tribal tax imposed on sales under this Subsection (2); or
(B) the face value of the tax stamps affixed to cigarettes sold under this Subsection (2).

Amended by Chapter 317, 2010 General Session