42-5001. Definitions In this article and article 2 of this chapter, unless the context otherwise requires: 1. " Business" includes all activities or acts, personal or corporate, that are engaged in or caused to be engaged in with the object of gain, benefit or advantage, either directly or indirectly, but does not include either: (a) […]
42-5002. Exclusions from gross income, receipts or proceeds A. For the purpose of this article the total amount of gross income, gross receipts or gross proceeds of sales shall be deemed to be the amount received, exclusive of: 1. The taxes imposed by this chapter and chapter 6, article 3 of this title, sales or […]
42-5003. Administration and enforcement of article; employees; bonds A. The administration of this article is vested in and shall be exercised by the department of revenue according to chapter 1, articles 1 and 3 of this title and this article, and all payments required by this article shall be made to the department. B. The […]
42-5004. Department records A. The department shall keep records and accounts showing separately the taxes collected under each of the classifications and amounts collected from businesses engaged in within each county as prescribed in this article and article 2 of this chapter. Each month the department of revenue shall deliver a statement to the state […]
42-5005. Transaction privilege tax and municipal privilege tax licenses; fees; renewal; revocation; violation; classification A. Every person who receives gross proceeds of sales or gross income on which a transaction privilege tax is imposed by this article and who desires to engage or continue in business shall apply to the department for an annual transaction […]
42-5006. Taxpayer bonds; out of state licensed contractors and manufactured building dealers A. Notwithstanding section 42-1102, the department shall require a surety bond for each taxpayer who is required to be licensed under title 32, chapter 10 or who is regulated under title 41, chapter 37, article 3, if the taxpayer’s principal place of business […]
42-5007. Taxpayer security; out-of-state prime contractors; definition A. In lieu of the bond required under section 42-1102 or 42-5006, a person who is in the construction business, who does not have a principal place of business in this state and who enters into a prime construction contract to be performed in this state, at the […]
42-5008. Levy of tax; purposes; distribution A. There is levied and there shall be collected by the department, for the purpose of raising public money, privilege taxes measured by the amount or volume of business transacted by persons on account of their business activities, and in the amounts to be determined by the application of […]
42-5008.01. Liability for amounts equal to retail transaction privilege tax due A. A person that is either a prime contractor subject to tax under section 42-5075 or a subcontractor working under the control of such a prime contractor, that purchases tangible personal property, the purchase price of which was excluded from the tax base under […]
42-5009. Certificates establishing deductions; liability for making false certificate; tax exclusion; definitions A. A person who conducts any business classified under article 2 of this chapter may establish entitlement to the allowable deductions from the tax base of that business by both: 1. Marking the invoice for the transaction to indicate that the gross proceeds […]
42-5010. Rates; distribution base (Caution: 1998 Prop. 105 applies) A. The tax imposed by this article is levied and shall be collected at the following rates: 1. Five percent of the tax base as computed for the business of every person engaging or continuing in this state in the following business classifications described in article […]
42-5010.01. Transaction privilege tax; additional rate increment A. From and after June 30, 2021 through June 30, 2041, in addition to the rates prescribed by section 42-5010, subsection A, an additional rate increment is imposed and shall be collected. The additional tax rate increment is levied at the rate of six-tenths of one percent of […]
42-5011. Conditional sales For the purpose of computing the tax levied by this article, conditional sales shall be treated as credit sales and the tax shall be paid only upon the amounts received under such conditional sales contracts, but if the seller transfers his interest in such contract to a third person, he shall pay […]
42-5012. Sales between affiliated persons In determining value as applied to sales from one to another of affiliated corporations or persons, or other circumstances where the relation between the buyer and seller is such that the gross proceeds from the sale are not indicative of the true value of the subject matter of the sale, […]
42-5013. Partnerships A. All taxes levied under this article upon the business activities of a partnership shall be a liability and charge against each and all of the partners, but when the tax is paid by the partnership the liability against each and all of the partners shall terminate. B. Licenses issued to persons engaged […]
42-5014. Return and payment of tax; estimated tax; extensions; abatements; definitions A. Except as provided in subsection B, C, D, E or F of this section, the taxes levied under this article: 1. Are due and payable monthly in the form required by section 42-5018 for the amount of the tax, to the department, on […]
42-5015. Filing by electronic means A taxpayer who is required to pay any transaction privilege and affiliated excise taxes to this state or a county or municipality may report and pay the required tax through electronic means. The electronic system shall be administered by the department of revenue. The department may enter into an agreement […]
42-5016. Credit for telecommunications service revenue reductions A. A credit is allowed against the taxes imposed by this article and other affiliated excise taxes for taxpayers in the business of selling and delivering telecommunications services to residential customers in an amount equal to the dollar amount of payments for telecommunications services not received by the […]
42-5017. Credit for accounting and reporting expenses; definition A. A credit is allowed against the taxes imposed by this article and article 5 of this chapter for expenses incurred by the taxpayer in accounting and reporting those taxes. The credit is: 1. For a taxpayer who files a paper return, one percent of the amount […]
42-5018. Method of payment All remittances of taxes imposed by this article shall be made by bank draft, check, cashier’s check, money order, cash or electronic funds transfer to the department, which shall issue receipts therefor to the taxpayers, but no remittance other than cash shall be final discharge of liability for the tax levied […]
