59-5-202. Severance tax — Rate — Computation — Annual exemption. (1) Every person engaged in the business of mining or extracting metalliferous minerals in this state shall pay to the state a severance tax equal to 2.6% of the taxable value of all metals or metalliferous minerals sold or otherwise disposed of. (2) If the […]
Effective 5/14/2019 59-5-203. Determining taxable value. (1) Except as provided in Subsection (3), the basis for computing the gross proceeds, prior to those deductions or adjustments specified in this chapter, in determining the taxable value of the metals or metalliferous minerals sold or otherwise disposed of, in the order of priority, is as follows: (a) […]
59-5-204. Statements filed — Contents — Verification — Falsification as perjury. (1) Every person engaged in the business of mining or extracting metalliferous minerals shall make and file with the commission, on or before June 1 of each year on forms furnished by the commission, a statement containing: (a) the name, description, and location of […]
59-5-206. Interest and penalty — Overpayments. (1) In case of any failure to make or file a return required by this chapter, the penalty provided in Section 59-1-401 and interest at the rate and in the manner prescribed in Section 59-1-402 shall be charged and added to the tax. The amount so added to any […]
59-5-207. Date tax due — Extensions — Installment payments — Penalty on delinquencies — Audit. (1) The tax imposed by this chapter is due and payable on or before June 1 of the year next succeeding the calendar year when the mineral is produced and sold or delivered. (2) The commission may, for good cause […]
59-5-208. Tax as lien. The tax imposed by this chapter, together with penalties and interest, is and shall remain a lien upon the mine or mining claim from which the mineral is extracted, until the tax is paid. In the case of unpatented claims or leases on unpatented ground, the lien shall be upon the […]
59-5-209. Adjudicative proceedings for correction of amount of tax. If any person feels aggrieved because of the amount of the tax determined by the commission, the person may file a request for agency action with the commission within 30 days after notice is mailed to the person, requesting an adjudicative proceeding and the correction of […]
59-5-210. Decisions of commission. Every decision of the commission shall be in writing and notice of the decision shall be mailed to the taxpayer within 10 days. All decisions become final upon the expiration of 30 days after notice has been mailed to the taxpayer, unless proceedings are taken within such time for a review […]
59-5-211. Condition precedent to judicial review. (1) Before seeking judicial review, the taxpayer shall deposit with the commission the full amount of taxes, interest, and other charges audited and stated in the decision of the commission. (2) (a) If the party appealing executes an undertaking meeting the requirements of Subsection (2)(b), the party is not […]
Effective 5/5/2021 59-5-215. Disposition of taxes collected — Credit to General Fund. Except as provided in Section 51-9-305, 51-9-306, or 51-9-307, a tax imposed and collected under Section 59-5-202 shall be paid to the commission, promptly remitted to the state treasurer, and credited to the General Fund. Amended by Chapter 401, 2021 General Session
Effective 5/4/2022 59-5-216. Tax credit for mining exploration. (1) As used in this section: (a) “Eligible claimant” means a person: (i) who is an eligible claimant as defined in Section 40-6-24 and obtains a tax credit certificate; or (ii) to whom a person described in Subsection (1)(a)(i) assigns a tax credit certificate and obtains an […]
