Section 215 – Disposition of taxes collected — Credit to General Fund.
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
Section 216 – Tax credit for mining exploration.
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 […]
Section 207 – Date tax due — Extensions — Installment payments — Penalty on delinquencies — Audit.
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 […]
Section 208 – Tax as lien.
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 […]
Section 209 – Adjudicative proceedings for correction of amount of tax.
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 […]
Section 210 – Decisions of commission.
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 […]
Section 211 – Condition precedent to judicial 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 […]
Section 202 – Severance tax — Rate — Computation — Annual exemption.
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 […]
Section 203 – Determining taxable value.
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) […]
Section 204 – Statements filed — Contents — Verification — Falsification as perjury.
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 […]