Tax Commission, Auditing

Section R865-6F-23

Utah Steam Coal Tax Credit Pursuant to Utah Code Ann. Section 59-7-604

Notice of Proposed Rule

(Amendment)

DAR File No.: 34871
Filed: 05/26/2011 10:44:50 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The section is obsolete.

Summary of the rule or change:

The section is removed since it is obsolete. There is no longer a Utah steam coal tax credit in statute.

State statutory or constitutional authorization for this rule:

• Section 59-7-604

Anticipated cost or savings to:

the state budget:

None--The provisions of the section currently have no effect.

local governments:

None--The provisions of the section currently have no effect.

small businesses:

None--The provisions of the section currently have no effect.

persons other than small businesses, businesses, or local governmental entities:

None--The provisions of the section currently have no effect.

Compliance costs for affected persons:

None--The provisions of this section are obsolete. As such, they have not been effective for some years.

Comments by the department head on the fiscal impact the rule may have on businesses:

None--The provisions of this section are obsolete. As such, they have not been effective for some years.

Michael Cragun, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Tax Commission
Auditing
210 N 1950 W
SALT LAKE CITY, UT 84134

Direct questions regarding this rule to:

• Christa Johnson at the above address, by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/15/2011

This rule may become effective on:

07/22/2011

Authorized by:

Michael Cragun, Tax Commissioner

R865. Tax Commission, Auditing.

R865-6F. Franchise Tax.

[ R865-6F-23. Utah Steam Coal Tax Credit Pursuant to Utah Code Ann. Section 59-7-604.

A. Definitions.

1. "Permitted mine" means a mine for which a permit has been issued by the Division of Oil, Gas, and Mining pursuant to Title 40, Chapter 10, Coal Mining and Reclamation.

2. "Purchaser outside of the United States" means any company that purchases coal for shipment outside of the fifty states or the District of Columbia.

B. To qualify for the steam coal tax credit for taxable years beginning on or after January 1, 1993, sales to a purchaser outside of the United States must exceed the permitted mine's sales to a purchaser outside of the United States in the taxable year beginning on or after January 1, 1992, regardless of any change in ownership of the mine.

C. To qualify for the steam coal tax credit the coal must be exported outside of the United States, within a reasonable period of time. A reasonable period of time is considered to be within 90 days after the end of the tax year.

 

] KEY: taxation, franchises, historic preservation, trucking industries

Date of Enactment or Last Substantive Amendment: [December 15, 2010]2011

Notice of Continuation: March 8, 2007

Authorizing, and Implemented or Interpreted Law: 9-2-401[;] through[;] 9-2-415; 16-10a-1501[;] through[;] 16-10a-1533; 53B-8a-112; 59-1-1301 through 59-1-1309; 59-6-102; 59-7; 59-7- 101; 59-7-102; 59-7-104[;] through[;] 59-7-106; 59-7-108; 59-7-109; 59-7-110; 59-7-112; 59-7-302[;] through[;] 59-7-321; 59-7-402; 59-7-403; 59-7-501; 59-7-502; 59-7-505; 59-7-601[;] through[;] 59-7-614; 59-7-608; 59-7-701; 59-7-703; 59-10-603; 59-13-202; 59-13-301; 63M-1; 63M-1-401 through 63M-1-416