59-12-110.1 - Refund or credit for taxes overpaid by a purchaser -- Seller reasonable business practice. - Utah Statutes

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Statutes > Utah > Title-59 > Chapter-12 > 59-12-110-1

59-12-110.1. Refund or credit for taxes overpaid by a purchaser -- Seller reasonablebusiness practice.
(1) Subject to the other provisions of this section, a purchaser may request from a seller arefund or credit of any amount that:
(a) the purchaser overpaid in taxes under this chapter; and
(b) was collected by the seller.
(2) (a) Except as provided in Subsection (2)(b), the procedure described in Subsection (1) isin addition to the process for a taxpayer to file a claim for a refund or credit with the commission underSection 59-1-1410.
(b) Notwithstanding Subsection (2)(a):
(i) the commission is not required to make a refund or credit of an amount for which as of thedate the refund or credit is to be given the purchaser has requested or received a refund or credit fromthe seller; and
(ii) a seller is not required to refund or credit an amount for which as of the date the refund is tobe given the purchaser has requested or received a refund or credit from the commission.
(3) A purchaser may not bring a cause of action against a seller for a refund or creditdescribed in Subsection (1):
(a) unless the purchaser provided the seller written notice that:
(i) the purchaser requests the refund or credit described in Subsection (1); and
(ii) contains the information necessary for the seller to determine the validity of the request; and
(b) sooner than 60 days after the day on which the seller receives the written notice describedin Subsection (3)(a).
(4) A seller that collects a tax under this chapter that exceeds the amount the seller is requiredto collect under this chapter is presumed to have a reasonable business practice if the seller:
(a) collects the tax under this chapter that exceeds the amount the seller is required to collectunder this chapter through the use of:
(i) a certified service provider; or
(ii) a system certified by the state, including a proprietary system certified by the state; and
(b) remits to the commission all taxes the seller is required to remit to the commission underthis chapter.

Amended by Chapter 212, 2009 General Session

State Codes and Statutes

Statutes > Utah > Title-59 > Chapter-12 > 59-12-110-1

59-12-110.1. Refund or credit for taxes overpaid by a purchaser -- Seller reasonablebusiness practice.
(1) Subject to the other provisions of this section, a purchaser may request from a seller arefund or credit of any amount that:
(a) the purchaser overpaid in taxes under this chapter; and
(b) was collected by the seller.
(2) (a) Except as provided in Subsection (2)(b), the procedure described in Subsection (1) isin addition to the process for a taxpayer to file a claim for a refund or credit with the commission underSection 59-1-1410.
(b) Notwithstanding Subsection (2)(a):
(i) the commission is not required to make a refund or credit of an amount for which as of thedate the refund or credit is to be given the purchaser has requested or received a refund or credit fromthe seller; and
(ii) a seller is not required to refund or credit an amount for which as of the date the refund is tobe given the purchaser has requested or received a refund or credit from the commission.
(3) A purchaser may not bring a cause of action against a seller for a refund or creditdescribed in Subsection (1):
(a) unless the purchaser provided the seller written notice that:
(i) the purchaser requests the refund or credit described in Subsection (1); and
(ii) contains the information necessary for the seller to determine the validity of the request; and
(b) sooner than 60 days after the day on which the seller receives the written notice describedin Subsection (3)(a).
(4) A seller that collects a tax under this chapter that exceeds the amount the seller is requiredto collect under this chapter is presumed to have a reasonable business practice if the seller:
(a) collects the tax under this chapter that exceeds the amount the seller is required to collectunder this chapter through the use of:
(i) a certified service provider; or
(ii) a system certified by the state, including a proprietary system certified by the state; and
(b) remits to the commission all taxes the seller is required to remit to the commission underthis chapter.

Amended by Chapter 212, 2009 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-59 > Chapter-12 > 59-12-110-1

59-12-110.1. Refund or credit for taxes overpaid by a purchaser -- Seller reasonablebusiness practice.
(1) Subject to the other provisions of this section, a purchaser may request from a seller arefund or credit of any amount that:
(a) the purchaser overpaid in taxes under this chapter; and
(b) was collected by the seller.
(2) (a) Except as provided in Subsection (2)(b), the procedure described in Subsection (1) isin addition to the process for a taxpayer to file a claim for a refund or credit with the commission underSection 59-1-1410.
(b) Notwithstanding Subsection (2)(a):
(i) the commission is not required to make a refund or credit of an amount for which as of thedate the refund or credit is to be given the purchaser has requested or received a refund or credit fromthe seller; and
(ii) a seller is not required to refund or credit an amount for which as of the date the refund is tobe given the purchaser has requested or received a refund or credit from the commission.
(3) A purchaser may not bring a cause of action against a seller for a refund or creditdescribed in Subsection (1):
(a) unless the purchaser provided the seller written notice that:
(i) the purchaser requests the refund or credit described in Subsection (1); and
(ii) contains the information necessary for the seller to determine the validity of the request; and
(b) sooner than 60 days after the day on which the seller receives the written notice describedin Subsection (3)(a).
(4) A seller that collects a tax under this chapter that exceeds the amount the seller is requiredto collect under this chapter is presumed to have a reasonable business practice if the seller:
(a) collects the tax under this chapter that exceeds the amount the seller is required to collectunder this chapter through the use of:
(i) a certified service provider; or
(ii) a system certified by the state, including a proprietary system certified by the state; and
(b) remits to the commission all taxes the seller is required to remit to the commission underthis chapter.

Amended by Chapter 212, 2009 General Session