59-7-102 - Exemptions.
59-7-102. Exemptions.
(1) Except as provided in this section, the following are exempt from a tax under this chapter:
(a) an organization exempt under Section 501, Internal Revenue Code;
(b) an organization exempt under Section 528, Internal Revenue Code;
(c) an insurance company that is otherwise taxed on the insurance company's premiums underChapter 9, Taxation of Admitted Insurers;
(d) a building authority as defined in Section 17A-3-902;
(e) a farmers' cooperative; or
(f) a public agency, as defined in Section 11-13-103, with respect to or as a result of anownership interest in:
(i) a project, as defined in Section 11-13-103; or
(ii) facilities providing additional project capacity, as defined in Section 11-13-103.
(2) Notwithstanding any other provision in this chapter or Chapter 8, Gross Receipts Tax onCertain Corporations Not Required to Pay Corporate Franchise or Income Tax Act, a person nototherwise subject to the tax imposed by this chapter or Chapter 8 is not subject to a tax imposed bySection 59-7-104, 59-7-201, 59-7-701, or 59-8-104, because of:
(a) that person's ownership of tangible personal property located at the premises of a printer'sfacility in this state with which the person has contracted for printing; or
(b) the activities of the person's employees or agents who are:
(i) located solely at the premises of a printer's facility; and
(ii) performing services:
(A) related to:
(I) quality control;
(II) distribution; or
(III) printing services; and
(B) performed by the printer's facility in this state with which the person has contracted forprinting.
(3) Notwithstanding Subsection (1), an organization, company, authority, farmers' cooperative,or public agency exempt from this chapter under Subsection (1) is subject to Part 8, UnrelatedBusiness Income, to the extent provided in Part 8.
(4) Notwithstanding Subsection (1)(b), to the extent the income of an organization described inSubsection (1)(b) is taxable for federal tax purposes under Section 528, Internal Revenue Code, theorganization's income is also taxable under this chapter.
Amended by Chapter 312, 2009 General Session