Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 528 (2025GS)

Sponsor

Rep. Ivory, Ken

Final action

House/ filed 3/7/2025

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• allows a person to pay in gold mining severance taxes and income taxes;
• for specified years, provides:
• a reduced severance tax rate for taxpayers who pay in gold; and
• a nonrefundable income tax credit for mine operators who pay in gold; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

42
51-9-306
51-9-307
59-1-403
59-5-201
59-5-202
59-5-203
59-5-207
59-5-215
59-7-504
59-7-532
59-7-536
59-7-627
59-10-514
59-10-520
59-10-544
59-10-1048
65A-6-4
65A-17-306
0
Tax Payments with Precious Metals
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Ken Ivory
Senate Sponsor: 
LONG TITLE
General Description:
This bill modifies provisions related to tax payments.
Highlighted Provisions:
This bill:
allows a person to pay in gold mining severance taxes and income taxes;
for specified years, provides:
a reduced severance tax rate for taxpayers who pay in gold; and
a nonrefundable income tax credit for mine operators who pay in gold; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
51-9-306
, as last amended by Laws of Utah 2024, Chapter 25
51-9-307
, as last amended by Laws of Utah 2024, Chapter 25
59-1-403
, as last amended by Laws of Utah 2024, Chapters 25, 35
59-5-201
, as last amended by Laws of Utah 1990, Chapter 287
59-5-202
, as last amended by Laws of Utah 2024, Chapter 25
59-5-203
, as last amended by Laws of Utah 2024, Chapter 25
59-5-207
, as last amended by Laws of Utah 2024, Chapter 25
59-5-215
, as last amended by Laws of Utah 2024, Chapter 25
59-7-504
, as last amended by Laws of Utah 2021, Chapter 367
59-7-532
, as last amended by Laws of Utah 2022, Chapter 456
59-7-536
, as renumbered and amended by Laws of Utah 1993, Chapter 169
59-10-514
, as last amended by Laws of Utah 2021, Chapter 367
59-10-520
, as renumbered and amended by Laws of Utah 1987, Chapter 2
59-10-544
, as last amended by Laws of Utah 2022, Chapter 456
65A-6-4
, as last amended by Laws of Utah 2024, Chapter 25
65A-17-306
, as enacted by Laws of Utah 2024, Chapter 25
ENACTS:
59-7-627
, Utah Code Annotated 1953
59-10-1048
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
51-9-306
 is amended to read:
51-9-306. Deposit of certain severance tax revenue for specified state agencies.
(1)
As used in this section:
(a)
"Aggregate annual revenue" means the aggregate annual revenue collected in a fiscal 
year from the taxes imposed under Title 59, Chapter 5, Severance Tax on Oil, Gas, 
and Mining, after subtracting the amounts required to be distributed under Sections 
51-9-305
, 
59-5-116
, and 
59-5-119
 and under Subsection 
59-5-202
(5)(c)
59-5-202(7)(c)
.
(b)
"Aggregate annual mining revenue" means the aggregate annual revenue collected in 
a fiscal year from taxes imposed under Title 59, Chapter 5, Part 2, Mining Severance 
Tax, after subtracting the amounts required to be distributed under Section 
51-9-305
and under Subsection 
59-5-202
(5)(c)
59-5-202(7)(c)
.
(c)
"Aggregate annual oil and gas revenue" means the aggregate annual revenue 
collected in a fiscal year from the taxes imposed under Title 59, Chapter 5, Part 1, Oil 
and Gas Severance Tax, after subtracting the amounts required to be distributed 
under Sections 
51-9-305
, 
59-5-116
, and 
59-5-119
.
(d)
"Average aggregate annual revenue" means the three-year rolling average of the 
aggregate annual revenue collected in a fiscal year from the taxes imposed under 
Title 59, Chapter 5, Severance Tax on Oil, Gas, and Mining:
(i)
after subtracting the amounts required to be distributed under Sections 
51-9-305
, 
59-5-116
, and 
59-5-119
 and under Subsection 
59-5-202
(5)(c)
59-5-202(7)(c)
; and
(ii)
ending in the fiscal year immediately preceding the fiscal year of a deposit 
required by this section.
(e)
"Average aggregate annual mining revenue" means the three-year rolling average of 
the aggregate annual revenue collected in a fiscal year from the taxes imposed under 
Title 59, Chapter 5, Part 2, Mining Severance Tax:
(i)
after subtracting the amounts required to be distributed under Section 
51-9-305
and under Subsection 
59-5-202
(5)(c)
59-5-202(7)(c)
; and
(ii)
ending in the fiscal year immediately preceding the fiscal year of a deposit 
required by this section.
(f)
"Average aggregate annual oil and gas revenue" means the three-year rolling average 
of the aggregate annual revenue collected in a fiscal year from the taxes imposed 
under Title 59, Chapter 5, Part 1, Oil and Gas Severance Tax:
(i)
after subtracting the amounts required to be distributed under Sections 
51-9-305
, 
59-5-116
, and 
59-5-119
; and
(ii)
ending in the fiscal year immediately preceding the fiscal year of a deposit 
required by this section.
(2)
After making the deposits of oil and gas severance tax revenue as required under 
Sections 
59-5-116
 and 
59-5-119
 and making the credits under Section 
51-9-305
, for a 
fiscal year beginning on or after July 1, 2021, the State Tax Commission shall annually 
make the following deposits:
(a)
to the Division of Air Quality Oil, Gas, and Mining Restricted Account, created in 
Section 
19-2a-106
, the following average aggregate annual revenue:
(i)
2.75% of the first $50,000,000 of the average aggregate annual revenue;
(ii)
1% of the next $50,000,000 of the average aggregate annual revenue; and
(iii)
.5% of the average aggregate annual revenue that exceeds $100,000,000;
(b)
to the Division of Water Quality Oil, Gas, and Mining Restricted Account, created in 
Section 
19-5-126
, the following average aggregate annual revenue:
(i)
.4% of the first $50,000,000 of the average aggregate annual revenue;
(ii)
.15% of the next $50,000,000 of the average aggregate annual revenue; and
(iii)
.08% of the average aggregate annual revenue that exceeds $100,000,000;
(c)
to the Division of Oil, Gas, and Mining Restricted Account, created in Section 
40-6-23
, the following:
(i)
(A)
11.5% of the first $50,000,000 of the average aggregate annual mining 
revenue;
(B)
3% of the next $50,000,000 of the average aggregate annual mining revenue; 
and
(C)
1% of the average aggregate annual mining revenue that exceeds 
$100,000,000; and
(ii)
(A)
18% of the first $50,000,000 of the average aggregate annual oil and gas 
revenue;
(B)
3% of the next $50,000,000 of the average aggregate annual oil and gas 
revenue; and
(C)
1% of the average aggregate annual oil and gas revenue that exceeds 
$100,000,000; and
(d)
to the Utah Geological Survey Restricted Account, created in Section 
79-3-403
, the 
following average aggregate annual revenue:
(i)
2.5% of the first $50,000,000 of the average aggregate annual revenue;
(ii)
1% of the next $50,000,000 of the average aggregate annual revenue; and
(iii)
.5% of the average aggregate annual revenue that exceeds $100,000,000.
(3)
If the money collected in a fiscal year from the taxes imposed under Title 59, Chapter 5, 
Severance Tax on Oil, Gas, and Mining, is insufficient to make the deposits required by 
Subsection (2), the State Tax Commission shall deposit money collected in the fiscal 
year as follows:
(a)
to the Division of Air Quality Oil, Gas, and Mining Restricted Account, created in 
Section 
19-2a-106
, the following revenue:
(i)
2.75% of the first $50,000,000 of the aggregate annual revenue;
(ii)
1% of the next $50,000,000 of the aggregate annual revenue; and
(iii)
.5% of the aggregate annual revenue that exceeds $100,000,000;
(b)
to the Division of Water Quality Oil, Gas, and Mining Restricted Account, created in 
Section 
19-5-126
, the following revenue:
(i)
.4% of the first $50,000,000 of the aggregate annual revenue;
(ii)
.15% of the next $50,000,000 of the aggregate annual revenue; and
(iii)
.08% of the aggregate annual revenue that exceeds $100,000,000;
(c)
to the Division of Oil, Gas, and Mining Restricted Account, created in Section 
40-6-23
, the following:
(i)
(A)
11.5% of the first $50,000,000 of the aggregate annual mining revenue;
(B)
3% of the next $50,000,000 of the aggregate annual mining revenue; and
(C)
1% of the aggregate annual mining revenue that exceeds $100,000,000; and
(ii)
(A)
18% of the first $50,000,000 of the aggregate annual oil and gas revenue;
(B)
3% of the next $50,000,000 of the aggregate annual oil and gas revenue; and
(C)
1% of the aggregate annual oil and gas revenue that exceeds $100,000,000; 
and
(d)
to the Utah Geological Survey Restricted Account, created in Section 
79-3-403
, the 
following revenue:
(i)
2.5% of the first $50,000,000 of the aggregate annual revenue;
(ii)
1% of the next $50,000,000 of the aggregate annual revenue; and
(iii)
.5% of the aggregate annual revenue that exceeds $100,000,000.
(4)
The severance tax revenues deposited under this section into restricted accounts for the 
state agencies specified in Subsection (2) and appropriated from the restricted accounts 
offset and supplant General Fund appropriations used to pay the costs of programs or 
projects administered by the state agencies that are primarily related to oil, gas, and 
mining.
Section 2, Section 
51-9-307
 is amended to read:
51-9-307. New Severance Tax Revenue Special Revenue Fund.
(1)
As used in this section:
(a)
"Fund" means the New Severance Tax Revenue Special Revenue Fund created in 
this section.
(b)
"New revenue" means revenue collected above $100,000,000 from the taxes imposed 
under Title 59, Chapter 5, Severance Tax on Oil, Gas, and Mining, after subtracting 
the amounts required to be distributed under Sections 
51-9-305
, 
51-9-306
, 
59-5-116
, 
59-5-119
, and 
59-5-121
 and under Subsection 
59-5-202
(5)(c)
59-5-202(7)(c)
.
(2)
There is created a special revenue fund known as the "New Severance Tax Revenue 
Special Revenue Fund" that consists of:
(a)
money deposited by the State Tax Commission in accordance with this section; and
(b)
interest earned on the money in the fund.
(3)
Beginning July 1, 2021, the State Tax Commission shall deposit into the fund 100% of 
new revenue until the new revenue equals or exceeds $200,000,000 in a fiscal year.
Section 3, Section 
59-1-403
 is amended to read:
59-1-403. Confidentiality -- Exceptions -- Penalty -- Application to property tax.
(1)
As used in this section:
(a)
"Distributed tax, fee, or charge" means a tax, fee, or charge:
(i)
the commission administers under:
(A)
this title, other than a tax under Chapter 12, Part 2, Local Sales and Use Tax 
Act;
(B)
Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act;
(C)
Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act;
(D)
Section 
19-6-805
;
(E)
Section 
63H-1-205
; or
(F)
Title 69, Chapter 2, Part 4, Prepaid Wireless Telecommunications Service 
Charges; and
(ii)
with respect to which the commission distributes the revenue collected from the 
tax, fee, or charge to a qualifying jurisdiction.
(b)
"Qualifying jurisdiction" means:
(i)
a county, city, or town;
(ii)
the military installation development authority created in Section 
63H-1-201
; or
(iii)
the Utah Inland Port Authority created in Section 
11-58-201
.
(2)
(a)
Any of the following may not divulge or make known in any manner any 
information gained by that person from any return filed with the commission:
(i)
a tax commissioner;
(ii)
an agent, clerk, or other officer or employee of the commission; or
(iii)
a representative, agent, clerk, or other officer or employee of any county, city, or 
town.
(b)
An official charged with the custody of a return filed with the commission is not 
required to produce the return or evidence of anything contained in the return in any 
action or proceeding in any court, except:
(i)
in accordance with judicial order;
(ii)
on behalf of the commission in any action or proceeding under:
(A)
this title; or
(B)
other law under which persons are required to file returns with the 
commission;
(iii)
on behalf of the commission in any action or proceeding to which the 
commission is a party; or
(iv)
on behalf of any party to any action or proceeding under this title if the report or 
facts shown by the return are directly involved in the action or proceeding.
(c)
Notwithstanding Subsection (2)(b), a court may require the production of, and may 
admit in evidence, any portion of a return or of the facts shown by the return, as are 
specifically pertinent to the action or proceeding.
(3)
This section does not prohibit:
(a)
a person or that person's duly authorized representative from receiving a copy of any 
return or report filed in connection with that person's own tax;
(b)
the publication of statistics as long as the statistics are classified to prevent the 
identification of particular reports or returns; and
(c)
the inspection by the attorney general or other legal representative of the state of the 
report or return of any taxpayer:
(i)
who brings action to set aside or review a tax based on the report or return;
(ii)
against whom an action or proceeding is contemplated or has been instituted 
under this title; or
(iii)
against whom the state has an unsatisfied money judgment.
(4)
(a)
Notwithstanding Subsection (2) and for purposes of administration, the 
commission may by rule, made in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, provide for a reciprocal exchange of information 
with:
(i)
the United States Internal Revenue Service; or
(ii)
the revenue service of any other state.
(b)
Notwithstanding Subsection (2) and for all taxes except individual income tax and 
corporate franchise tax, the commission may by rule, made in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act, share information gathered 
from returns and other written statements with the federal government, any other 
state, any of the political subdivisions of another state, or any political subdivision of 
this state, except as limited by Sections 
59-12-209
 and 
59-12-210
, if the political 
subdivision, other state, or the federal government grant substantially similar 
privileges to this state.
(c)
Notwithstanding Subsection (2) and for all taxes except individual income tax and 
corporate franchise tax, the commission may by rule, in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act, provide for the issuance of 
information concerning the identity and other information of taxpayers who have 
failed to file tax returns or to pay any tax due.
(d)
Notwithstanding Subsection (2), the commission shall provide to the director of the 
Division of Environmental Response and Remediation, as defined in Section 
19-6-402
, as requested by the director of the Division of Environmental Response 
and Remediation, any records, returns, or other information filed with the 
commission under Chapter 13, Motor and Special Fuel Tax Act, or Section 
19-6-410.5
 regarding the environmental assurance program participation fee.
(e)
Notwithstanding Subsection (2), at the request of any person the commission shall 
provide that person sales and purchase volume data reported to the commission on a 
report, return, or other information filed with the commission under:
(i)
Chapter 13, Part 2, Motor Fuel; or
(ii)
Chapter 13, Part 4, Aviation Fuel.
(f)
Notwithstanding Subsection (2), upon request from a tobacco product manufacturer, 
as defined in Section 
59-22-202
, the commission shall report to the manufacturer:
(i)
the quantity of cigarettes, as defined in Section 
59-22-202
, produced by the 
manufacturer and reported to the commission for the previous calendar year under 
Section 
59-14-407
; and
(ii)
the quantity of cigarettes, as defined in Section 
59-22-202
, produced by the 
manufacturer for which a tax refund was granted during the previous calendar 
year under Section 
59-14-401
 and reported to the commission under Subsection 
59-14-401
(1)(a)(v).
(g)
Notwithstanding Subsection (2), the commission shall notify manufacturers, 
distributors, wholesalers, and retail dealers of a tobacco product manufacturer that is 
prohibited from selling cigarettes to consumers within the state under Subsection 
59-14-210
(2).
(h)
Notwithstanding Subsection (2), the commission may:
(i)
provide to the Division of Consumer Protection within the Department of 
Commerce and the attorney general data:
(A)
reported to the commission under Section 
59-14-212
; or
(B)
related to a violation under Section 
59-14-211
; and
(ii)
upon request, provide to any person data reported to the commission under 
Subsections 
59-14-212
(1)(a) through (c) and Subsection 
59-14-212
(1)(g).
(i)
Notwithstanding Subsection (2), the commission shall, at the request of a committee 
of the Legislature, the Office of the Legislative Fiscal Analyst, or the Governor's 
Office of Planning and Budget, provide to the committee or office the total amount of 
revenues collected by the commission under Chapter 24, Radioactive Waste Facility 
Tax Act, for the time period specified by the committee or office.
(j)
Notwithstanding Subsection (2), the commission shall make the directory required by 
Section 
59-14-603
 available for public inspection.
(k)
Notwithstanding Subsection (2), the commission may share information with federal, 
state, or local agencies as provided in Subsection 
59-14-606
(3).
(l)
(i)
Notwithstanding Subsection (2), the commission shall provide the Office of 
Recovery Services within the Department of Health and Human Services any 
relevant information obtained from a return filed under Chapter 10, Individual 
Income Tax Act, regarding a taxpayer who has become obligated to the Office of 
Recovery Services.
(ii)
The information described in Subsection (4)(l)(i) may be provided by the Office 
of Recovery Services to any other state's child support collection agency involved 
in enforcing that support obligation.
(m)
(i)
Notwithstanding Subsection (2), upon request from the state court 
administrator, the commission shall provide to the state court administrator, the 
name, address, telephone number, county of residence, and social security number 
on resident returns filed under Chapter 10, Individual Income Tax Act.
(ii)
The state court administrator may use the information described in Subsection 
(4)(m)(i) only as a source list for the master jury list described in Section 
78B-1-106
.
(n)
(i)
As used in this Subsection (4)(n):
(A)
"GOEO" means the Governor's Office of Economic Opportunity created in 
Section 
63N-1a-301
.
(B)
"Income tax information" means information gained by the commission that is 
required to be attached to or included in a return filed with the commission 
under Chapter 7, Corporate Franchise and Income Taxes, or Chapter 10, 
Individual Income Tax Act.
(C)
"Other tax information" means information gained by the commission that is 
required to be attached to or included in a return filed with the commission 
except for a return filed under Chapter 7, Corporate Franchise and Income 
Taxes, or Chapter 10, Individual Income Tax Act.
(D)
"Tax information" means income tax information or other tax information.
(ii)
(A)
Notwithstanding Subsection (2) and except as provided in Subsection 
(4)(n)(ii)(B) or (C), the commission shall at the request of GOEO provide to 
GOEO all income tax information.
(B)
For purposes of a request for income tax information made under Subsection 
(4)(n)(ii)(A), GOEO may not request and the commission may not provide to
GOEO a person's address, name, social security number, or taxpayer 
identification number.
(C)
In providing income tax information to GOEO, the commission shall in all 
instances protect the privacy of a person as required by Subsection (4)(n)(ii)(B).
(iii)
(A)
Notwithstanding Subsection (2) and except as provided in Subsection 
(4)(n)(iii)(B), the commission shall at the request of GOEO provide to GOEO 
other tax information.
(B)
Before providing other tax information to GOEO, the commission shall redact 
or remove any name, address, social security number, or taxpayer identification 
number.
(iv)
GOEO may provide tax information received from the commission in accordance 
with this Subsection (4)(n) only:
(A)
as a fiscal estimate, fiscal note information, or statistical information; and
(B)
if the tax information is classified to prevent the identification of a particular 
return.
(v)
(A)
A person may not request tax information from GOEO under Title 63G, 
Chapter 2, Government Records Access and Management Act, or this section, 
if GOEO received the tax information from the commission in accordance with 
this Subsection (4)(n).
(B)
GOEO may not provide to a person that requests tax information in 
accordance with Subsection (4)(n)(v)(A) any tax information other than the tax 
information GOEO provides in accordance with Subsection (4)(n)(iv).
(o)
Notwithstanding Subsection (2), the commission may provide to the governing board 
of the agreement or a taxing official of another state, the District of Columbia, the 
United States, or a territory of the United States:
(i)
the following relating to an agreement sales and use tax:
(A)
information contained in a return filed with the commission;
(B)
information contained in a report filed with the commission;
(C)
a schedule related to Subsection (4)(o)(i)(A) or (B); or
(D)
a document filed with the commission; or
(ii)
a report of an audit or investigation made with respect to an agreement sales and 
use tax.
(p)
Notwithstanding Subsection (2), the commission may provide information 
concerning a taxpayer's state income tax return or state income tax withholding 
information to the Driver License Division if the Driver License Division:
(i)
requests the information; and
(ii)
provides the commission with a signed release form from the taxpayer allowing 
the Driver License Division access to the information.
(q)
Notwithstanding Subsection (2), the commission shall provide to the Utah 
Communications Authority, or a division of the Utah Communications Authority, the 
information requested by the authority under Sections 
63H-7a-302
, 
63H-7a-402
, and 
63H-7a-502
.
(r)
Notwithstanding Subsection (2), the commission shall provide to the Utah 
Educational Savings Plan information related to a resident or nonresident individual's 
contribution to a Utah Educational Savings Plan account as designated on the 
resident or nonresident's individual income tax return as provided under Section 
59-10-1313
.
(s)
Notwithstanding Subsection (2), for the purpose of verifying eligibility under 
Sections 
26B-3-106
 and 
26B-3-903
, the commission shall provide an eligibility 
worker with the Department of Health and Human Services or its designee with the 
adjusted gross income of an individual if:
(i)
an eligibility worker with the Department of Health and Human Services or its 
designee requests the information from the commission; and
(ii)
the eligibility worker has complied with the identity verification and consent 
provisions of Sections 
26B-3-106
 and 
26B-3-903
.
(t)
Notwithstanding Subsection (2), the commission may provide to a county, as 
determined by the commission, information declared on an individual income tax 
return in accordance with Section 
59-10-103.1
 that relates to eligibility to claim a 
residential exemption authorized under Section 
59-2-103
.
(u)
Notwithstanding Subsection (2), the commission shall provide a report regarding any 
access line provider that is over 90 days delinquent in payment to the commission of 
amounts the access line provider owes under Title 69, Chapter 2, Part 4, Prepaid 
Wireless Telecommunications Service Charges, to the board of the Utah 
Communications Authority created in Section 
63H-7a-201
.
(v)
Notwithstanding Subsection (2), the commission shall provide the Department of 
Environmental Quality a report on the amount of tax paid by a radioactive waste 
facility for the previous calendar year under Section 
59-24-103.5
.
(w)
Notwithstanding Subsection (2), the commission may, upon request, provide to the 
Department of Workforce Services any information received under Chapter 10, Part 
4, Withholding of Tax, that is relevant to the duties of the Department of Workforce 
Services.
(x)
Notwithstanding Subsection (2), the commission may provide the Public Service 
Commission or the Division of Public Utilities information related to a seller that 
collects and remits to the commission a charge described in Subsection 
69-2-405
(2), 
including the seller's identity and the number of charges described in Subsection 
69-2-405
(2) that the seller collects.
(y)
(i)
Notwithstanding Subsection (2), the commission shall provide to each 
qualifying jurisdiction the collection data necessary to verify the revenue collected 
by the commission for a distributed tax, fee, or charge collected within the 
qualifying jurisdiction.
(ii)
In addition to the information provided under Subsection (4)(y)(i), the 
commission shall provide a qualifying jurisdiction with copies of returns and other 
information relating to a distributed tax, fee, or charge collected within the 
qualifying jurisdiction.
(iii)
(A)
To obtain the information described in Subsection (4)(y)(ii), the chief 
executive officer or the chief executive officer's designee of the qualifying 
jurisdiction shall submit a written request to the commission that states the 
specific information sought and how the qualifying jurisdiction intends to use 
the information.
(B)
The information described in Subsection (4)(y)(ii) is available only in official 
matters of the qualifying jurisdiction.
(iv)
Information that a qualifying jurisdiction receives in response to a request under 
this subsection is:
(A)
classified as a private record under Title 63G, Chapter 2, Government Records 
Access and Management Act; and
(B)
subject to the confidentiality requirements of this section.
(z)
Notwithstanding Subsection (2), the commission shall provide the Alcoholic 
Beverage Services Commission, upon request, with taxpayer status information 
related to state tax obligations necessary to comply with the requirements described 
in Section 
32B-1-203
.
(aa)
Notwithstanding Subsection (2), the commission shall inform the Department of 
Workforce Services, as soon as practicable, whether an individual claimed and is 
entitled to claim a federal earned income tax credit for the year requested by the 
Department of Workforce Services if:
(i)
the Department of Workforce Services requests this information; and
(ii)
the commission has received the information release described in Section 
35A-9-604
.
(bb)
(i)
As used in this Subsection (4)(bb), "unclaimed property administrator" means 
the administrator or the administrator's agent, as those terms are defined in Section 
67-4a-102
.
(ii)
(A)
Notwithstanding Subsection (2), upon request from the unclaimed property 
administrator and to the extent allowed under federal law, the commission shall 
provide the unclaimed property administrator the name, address, telephone 
number, county of residence, and social security number or federal employer 
identification number on any return filed under Chapter 7, Corporate Franchise 
and Income Taxes, or Chapter 10, Individual Income Tax Act.
(B)
The unclaimed property administrator may use the information described in 
Subsection (4)(bb)(ii)(A) only for the purpose of returning unclaimed property 
to the property's owner in accordance with Title 67, Chapter 4a, Revised 
Uniform Unclaimed Property Act.
(iii)
The unclaimed property administrator is subject to the confidentiality provisions 
of this section with respect to any information the unclaimed property 
administrator receives under this Subsection (4)(bb).
(cc)
Notwithstanding Subsection (2), the commission may, upon request, disclose a 
taxpayer's state individual income tax information to a program manager of the Utah 
Fits All Scholarship Program under Section 
53F-6-402
 if:
(i)
the taxpayer consents in writing to the disclosure;
(ii)
the taxpayer's written consent includes the taxpayer's name, social security 
number, and any other information the commission requests that is necessary to 
verify the identity of the taxpayer; and
(iii)
the program manager provides the taxpayer's written consent to the commission.
(dd)
Notwithstanding Subsection (2), the commission may provide to the Division of 
Finance within the Department of Government Operations any information necessary 
to facilitate a payment from the commission to a taxpayer, including:
(i)
the name of the taxpayer entitled to the payment or any other person legally 
authorized to receive the payment;
(ii)
the taxpayer identification number of the taxpayer entitled to the payment;
(iii)
the payment identification number and amount of the payment;
(iv)
the tax year to which the payment applies and date on which the payment is due;
(v)
a mailing address to which the payment may be directed; and
(vi)
information regarding an account at a depository institution to which the 
payment may be directed, including the name of the depository institution, the 
type of account, the account number, and the routing number for the account.
(ee)
Notwithstanding Subsection (2), the commission shall provide the total amount of 
revenues collected by the commission under Subsection 
59-5-202
(5)
59-5-202(7)
:
(i)
at the request of a committee of the Legislature, the Office of the Legislative 
Fiscal Analyst, or the Governor's Office of Planning and Budget, to the committee 
or office for the time period specified by the committee or office; and
(ii)
to the Division of Finance for purposes of the Division of Finance administering 
Subsection 
59-5-202
(5)
59-5-202(7)
.
(ff)
Notwithstanding Subsection (2), the commission may provide the Department of 
Agriculture and Food with information from a return filed in accordance with 
Chapter 31, Cannabinoid Licensing and Tax Act.
(5)
(a)
Each report and return shall be preserved for at least three years.
(b)
After the three-year period provided in Subsection (5)(a) the commission may 
destroy a report or return.
(6)
(a)
Any individual who violates this section is guilty of a class A misdemeanor.
(b)
If the individual described in Subsection (6)(a) is an officer or employee of the state, 
the individual shall be dismissed from office and be disqualified from holding public 
office in this state for a period of five years thereafter.
(c)
Notwithstanding Subsection (6)(a) or (b), GOEO, when requesting information in 
accordance with Subsection (4)(n)(iii), or an individual who requests information in 
accordance with Subsection (4)(n)(v):
(i)
is not guilty of a class A misdemeanor; and
(ii)
is not subject to:
(A)
dismissal from office in accordance with Subsection (6)(b); or
(B)
disqualification from holding public office in accordance with Subsection 
(6)(b).
(d)
Notwithstanding Subsection (6)(a) or (b), for a disclosure of information to the 
Office of the Legislative Auditor General in accordance with Title 36, Chapter 12, 
Legislative Organization, an individual described in Subsection (2):
(i)
is not guilty of a class A misdemeanor; and
(ii)
is not subject to:
(A)
dismissal from office in accordance with Subsection (6)(b); or
(B)
disqualification from holding public office in accordance with Subsection 
(6)(b).
(7)
Except as provided in Section 
59-1-404
, this part does not apply to the property tax.
Section 4, Section 
59-5-201
 is amended to read:
59-5-201. Definitions.
As used in this part:
(1)
(a)
"Metalliferous minerals" includes any ore, metal, or other substance containing 
the following:
(i)
aluminum;
(ii)
antimony;
(iii)
arsenic;
(iv)
barium;
(v)
beryllium;
(vi)
bismuth;
(vii)
boron;
(viii)
cadmium;
(ix)
calcium;
(x)
cerium;
(xi)
cesium;
(xii)
chromium;
(xiii)
cobalt;
(xiv)
columbium;
(xv)
copper;
(xvi)
gallium;
(xvii)
germanium;
(xviii)
gold;
(xix)
hafnium;
(xx)
indium;
(xxi)
iridium;
(xxii)
iron;
(xxiii)
lanthanum;
(xxiv)
lead;
(xxv)
lithium;
(xxvi)
manganese;
(xxvii)
mercury;
(xxviii)
molybdenum;
(xxix)
nickel;
(xxx)
osmium;
(xxxi)
palladium;
(xxxii)
platinum;
(xxxiii)
praseodymium;
(xxxiv)
rare earth metals;
(xxxv)
rhenium;
(xxxvi)
rhodium;
(xxxvii)
rubidium;
(xxxviii)
ruthenium;
(xxxix)
samarium;
(xl)
scandium;
(xli)
selenium;
(xlii)
silicon;
(xliii)
silver;
(xliv)
sodium;
(xlv)
strontium;
(xlvi)
tantalum;
(xlvii)
tellurium;
(xlviii)
thallium;
(xlix)
thorium;
(l)
tin;
(li)
titanium;
(lii)
tungsten;
(liii)
uranium;
(liv)
vanadium;
(lv)
yttrium;
(lvi)
zinc; or
(lvii)
zirconium.
(b)
"Metalliferous minerals" does not include:
(i)
chloride compounds or salts;
(ii)
potash;
(iii)
rock, sand, gravel, and stone products;
(iv)
gypsum;
(v)
sulfur or sulfuric acid;
(vi)
gem stones;
(vii)
ammonium nitrate;
(viii)
carbon dioxide;
(ix)
oil, gas, coal, and all carboniferous materials; or
(x)
phosphate.
(2)
"Mine" means an operation for extracting minerals and includes any deposit of valuable 
metalliferous minerals that are being extracted from a natural deposit, or a secondary 
source including tails, slag, waste dumps, or other similar secondary source, whether in 
solution or otherwise.
(3)
"Mining" means the act, process, or work of extracting minerals from their natural 
occurring environment or from a mine, and transporting or moving those minerals to the 
point of processing, use, or sale. "Mining" includes the process of leaching minerals 
from their naturally occurring deposit.
(4)
"Ore" means raw materials in their natural state or condition prior to beneficiation or 
processing, and includes mined raw materials extracted prior to further processing. 
"Ore" includes any metalliferous material whose metal content is less than 15% and does 
not include any material whose metal content is 15% or greater.
(5)
"Spot rate" means the prevailing price in United States dollars per troy ounce of gold, as 
determined by a recognized financial market or exchange, for immediate settlement 
transactions.
Section 5, Section 
59-5-202
 is amended to read:
59-5-202. Severance tax -- Rate -- Computation -- Annual exemption.
(1)
A 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
.
, multiplied by:
(a)
2.6%; or
(b)
2.47%, if:
(i)
the person pays the severance tax in gold as provided in this section; and
(ii)
(A)
for a person who operates a mine on January 1, 2026, the severance tax is 
for a taxable year that begins on or after January 1, 2026, and before January 1, 
2031; or
(B)
for a person who does not operate a mine as of January 1, 2026, the severance 
tax is for a taxable year that begins on or after January 1, 2026, and before 
January 1, 2041.
(2)
If the metals or metalliferous minerals are shipped outside the state, this constitutes a 
sale, and the finished metals or the recoverable units of finished metals from the 
metalliferous minerals shipped are subject to the severance tax. If the metals or 
metalliferous minerals are stockpiled, the tax is not applicable until they are sold or 
shipped out of state. For purposes of the tax imposed by this chapter, uranium 
concentrates shall be considered to be finished metals. The owner of the metals or 
metalliferous minerals that are stockpiled shall report to the commission annually, in a 
form acceptable to the commission, the amount of metalliferous minerals so stockpiled. 
Metals or metalliferous minerals that are stockpiled for more than two years, however, 
are subject to the severance tax.
(3)
An annual exemption from the payment of the tax imposed by this chapter upon the first 
$50,000 in gross value of the metalliferous mineral is allowed to each mine.
(4)
These taxes are in addition to all other taxes provided by law and are delinquent, unless 
otherwise deferred, on June 1 next succeeding the calendar year when the metalliferous 
mineral is produced and sold or delivered.
(5)
(a)
A person may pay the severance tax imposed under this section by remitting to the 
state treasurer an amount of gold equivalent in value to the taxes owed.
(b)
The state treasurer shall calculate the value of gold remitted under this Subsection 
(5)
based on the average spot rate over the three months preceding the day on which the 
payment is due.
(c)
The state treasurer may not accept gold, unless the gold satisfies internationally 
recognized investment grade purity standards, as determined by the state treasurer.
(6)
When the state treasurer receives gold under Subsection 
(5)
, the state treasurer shall 
notify:
(a)
the commission of the payment, including any information the commission requests; 
and
(b)
the Division of Finance of the value of the gold received.
(5)
(7)
(a)
As used in this Subsection 
(5)
(7)
:
(i)
"Great Salt Lake element or mineral" means a metalliferous mineral, metal, ore, 
chloride compound, potash, or salt mined or extracted from the brines of the Great 
Salt Lake.
(ii)
"Great Salt Lake elevation" means the same as that term is defined in Section 
65A-17-101
.
(iii)
"Great Salt Lake extraction operator" means a person whois engaged in the 
business of mining or extracting Great Salt Lake elements or minerals or 
metalliferous compounds from the brine of the Great Salt Lake.
(iv)
For purposes of each tax imposed under Subsection 
(5)(b)
(7)(b)
, "incremental 
revenue" means the difference between the sum of the revenue collected for the 
fiscal year from each of the tax rates imposed under Subsection 
(5)(b)
(7)(b)
 and 
the revenue collected for the fiscal year from the tax rate imposed under 
Subsection (1).
(v)
"Metalliferous compound" means a metalliferous mineral or a chloride compound 
or salt containing a metalliferous mineral.
(b)
Notwithstanding the exclusion for chloride compounds or salts from the definition of 
metalliferous minerals under Section 
59-5-201
and in lieu of the severance tax 
imposed under Subsection (1), beginning with calendar year 2025, a Great Salt Lake 
extraction operator shall pay to the state a severance tax in accordance with the 
following:
(i)
for a Great Salt Lake extraction operator that is not a party or a third-party 
beneficiary to a voluntary agreement for water rights with an approved beneficial 
use by a division as defined in Section 
73-3-30
, a severance tax equal to 7.8% of 
the taxable value of Great Salt Lake elements or minerals or metalliferous 
compounds sold or otherwise disposed of;
(ii)
for a Great Salt Lake extraction operator that is not a party or a third-party 
beneficiary to a voluntary agreement for water rights with an approved beneficial 
use by a division as defined in Section 
73-3-30
, but does not use evaporative 
concentrations of Great Salt Lake brines in any stage of the extractive process, a 
severance tax equal to 2.6% of the taxable value of Great Salt Lake elements or 
minerals or metalliferous compounds sold or otherwise disposed of; or
(iii)
for a Great Salt Lake extraction operator that is a party or a third-party 
beneficiary to a voluntary agreement for water rights with an approved beneficial 
use by a division as defined in Section 
73-3-30
:
(A)
a severance tax equal to 2.6% of the taxable value of Great Salt Lake elements 
or minerals sold or otherwise disposed of, if the Great Salt Lake elements or 
minerals are extracted during a calendar year when the Great Salt Lake 
elevation recorded pursuant to Section 
65A-17-306
 was at or above 4,198 feet 
in the prior calendar year; or
(B)
a severance tax does not apply to the taxable value of Great Salt Lake 
elements or minerals sold or otherwise disposed of, if those Great Salt Lake 
elements or minerals are sold or otherwise disposed of in a calendar year when 
the Great Salt Lake elevation recorded pursuant to Section 
65A-17-306
 was 
below 4,198 feet in the prior calendar year; and
(iv)
notwithstanding Subsection 
(5)(b)(iii)
(7)(b)(iii)
, for a Great Salt Lake 
extraction operator that is a party or third-party beneficiary to a voluntary 
agreement for water rights with an approved beneficial use by a division as 
defined in Section 
73-3-30
, a severance tax equal to 2.6% of the taxable value of a 
metalliferous compound sold or otherwise disposed of under a royalty agreement 
issued under Subsection 
65A-6-4
(2)(d), entered into on or after May 1, 2024.
(c)
(i)
Subject to Subsection 
(5)(c)(ii)
(7)(c)(ii)
, the Division of Finance shall deposit 
the incremental revenue in accordance with Section 
51-9-305
.
(ii)
The Division of Finance shall consider the incremental revenue required to be 
deposited under Subsection 
(5)(c)(i)
(7)(c)(i)
 to be the first revenue collected 
under this chapter for the fiscal year.
(iii)
The Division of Finance shall deposit the incremental revenue that remains after 
making the deposit required by Subsection 
(5)(c)(i)
(7)(c)(i)
 into the Sovereign 
Lands Management Account created in Section 
65A-5-1
.
(d)
This Subsection 
(5)
(7)
 may not be interpreted to:
(i)
excuse a person from paying a severance tax in accordance with the other 
provisions of this part; or
(ii)
void a mineral lease or royalty agreement.
(e)
A person extracting metalliferous minerals, including a metalliferous compound, 
from the brine of the Great Salt Lake is subject to the payment of a royalty agreement 
under Section 
65A-6-4
 and the payment of a severance tax under this part.
Section 6, Section 
59-5-203
 is amended to read:
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, metalliferous minerals, or metalliferous compounds, as defined in 
Subsection 
59-5-202
(5)
59-5-202(7)
, sold or otherwise disposed of, in the order of 
priority, is as follows:
(a)
If the metals, metalliferous mineral products, or metalliferous compounds are 
actually sold, the value of those metals, metalliferous mineral products, or 
metalliferous compounds shall be the gross amount the producer receives from that 
sale, provided that the metals, metalliferous mineral products, or metalliferous 
compounds are sold under a bona fide contract of sale between unaffiliated parties. 
In the case of a sale of uranium concentrates, gross proceeds shall be the gross 
amount the producer receives from the sale of processed uranium concentrate or 
"yellowcake," provided that the uranium concentrate is sold under a bona fide 
contract of sale between unaffiliated parties.
(b)
(i)
For purposes of a Great Salt Lake extraction operator, as defined in Section 
59-5-202
, if metals, metalliferous minerals, or metalliferous compounds are not 
sold, but are otherwise disposed of, the gross proceeds shall be the multiple of the 
recoverable units of finished or unfinished metals, or of the finished or unfinished 
metals contained in the metalliferous minerals or metalliferous compounds 
shipped, and the average daily price per unit of contained metals as quoted by an 
established authority for market prices of metals for the period during which the 
tax imposed by this chapter is due.
(ii)
The established authority or authorities under this Subsection (1)(b) shall be 
designated by the commission by rule adopted in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act.
(c)
(i)
If the metals, metalliferous mineral products, or metalliferous compounds are 
not actually sold but are shipped, transported, or delivered out of state, the gross 
proceeds shall be the multiple of the recoverable units of finished metals, or of the 
finished metals contained in the metalliferous minerals or metalliferous 
compounds shipped, and the average daily price per unit of contained metals as 
quoted by an established authority for market prices of metals for the period 
during which the tax imposed by this chapter is due. 
(ii)
 The established authority or authorities shall be designated by the commission by 
rule adopted in accordance with Title 63G, Chapter 3, Utah Administrative 
Rulemaking Act.
(d)
In the case of metals, metalliferous minerals, or metalliferous compounds not sold, 
but otherwise disposed of, for which there is no established authority for market 
prices of metals for the period during which the tax imposed by this chapter is due, 
gross proceeds is determined by allocating to the state the same proportion of the 
producer's total sales of metals, metalliferous minerals, or metalliferous compounds 
sold or otherwise disposed of as the producer's total Utah costs bear to the total costs 
associated with sale or disposal of the metal or metalliferous mineral.
(e)
In the event of a sale of metals, metalliferous minerals, or metalliferous compounds 
between affiliated companies which is not a bona fide sale because the value received 
is not proportionate to the fair market value of the metals, metalliferous minerals, 
metalliferous compounds or in the event that Subsection (1)(a), (b), (c), or (d) are not 
applicable, the commission shall determine the value of such metals, metalliferous 
minerals, or metalliferous compounds in an equitable manner by reference to an 
objective standard as specified in a rule adopted in accordance with the provisions of 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2)
For all metals except beryllium, the taxable value of the metalliferous mineral sold or 
otherwise disposed of is 30% of the gross proceeds received for the metals sold or 
otherwise disposed of by the producer of the metal.
(3)
Notwithstanding Subsection (1) or (4), the taxable value of beryllium sold or otherwise 
disposed of by the producer of the beryllium is equal to 125% of the direct mining costs 
incurred in mining the beryllium.
(4)
Except as provided in Subsection (3), if the metalliferous mineral sold or otherwise 
disposed of is sold or shipped out of state in the form of ore, then the taxable value is 
80% of the gross proceeds.
Section 7, Section 
59-5-207
 is amended to read:
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 shown upon a written application by the taxpayer, 
extend the time of payment of the whole or any part of the tax for a period not to exceed 
six months. If an extension is granted, interest at the rate and in the manner prescribed 
in Section 
59-1-402
 shall be charged and added to the amount of the deferred payment 
of the tax.
(3)
Every taxpayer subject to this chapter whose total tax obligation for the preceding 
calendar year was $3,000 or more shall pay the taxes assessed under this chapter in 
quarterly installments. Each installment shall be based on the estimated gross value 
received by the taxpayer during the quarter preceding the date on which the installment 
is due.
(4)
The quarterly installments are due as follows:
(a)
for January 1 through March 31, on or before June 1;
(b)
for April 1 through June 30, on or before September 1;
(c)
for July 1 through September 30, on or before December 1; and
(d)
for October 1 through December 31, on or before March 1 of the next year.
(5)
(a)
If the taxpayer fails to report and pay any tax when due, the taxpayer is subject to 
the penalties provided under Section 
59-1-401
, unless otherwise provided in 
Subsection (6).
(b)
An underpayment exists if less than 80% of the tax due for a quarter is paid.
(6)
The penalty for failure to pay the tax due or underpayment of tax may not be assessed if 
the taxpayer's quarterly tax installment payment equals 25% of the tax reported and paid 
by the taxpayer for the preceding taxable year.
(7)
There shall be no interest added to any estimated tax payments subject to a penalty 
under this section.
(8)
The commission may conduct audits to determine whether any tax is owed under this 
section.
(9)
For purposes of a Great Salt Lake extraction operator under Subsection 
59-5-202
(5)
59-5-202(7)
, the Division of Forestry, Fire, and State Lands shall provide the 
commission by January 15 of each year the information required by Section 
65A-17-306
, 
that the commission shall use to determine the amount due and payable on June 1 of the 
year next succeeding the calendar year.
Section 8, Section 
59-5-215
 is amended to read:
59-5-215. Disposition of taxes collected -- Credit to General Fund.
(1)
Except as provided in Section 
51-9-305
, 
51-9-306
, or 
51-9-307
, or Subsection 
59-5-202
(5)
 or (7)
, 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.
(2)
Upon receipt of a notice described in Subsection 
59-5-202(6)(b)
, the Division of 
Finance shall:
(a)
credit from the General Fund Budget Reserve Account created in Section 
63J-1-312
an amount equal to the value of the gold to severance tax revenue collected under this 
part; and
(b)
distribute the credited money in the same manner as severance tax revenue collected 
under this part.
Section 9, Section 
59-7-504
 is amended to read:
59-7-504. Estimated tax payments -- Penalty -- Waiver.
(1)
Except as provided in Subsection 
(2)
, a corporation subject to taxation under this 
chapter that has a tax liability of $3,000 or more in either the current tax year or the 
previous tax year shall make a payment of an estimated tax on or before the day on 
which the corporation is required to make a payment of an estimated tax for the same 
time period to the federal government.
(2)
The provisions of Section 6655, Internal Revenue Code, shall govern the payment 
described in Subsection 
(1)
, except that:
(a)
for the first year a corporation is required to file a return in Utah, that corporation is 
not subject to Subsection 
(1)
 if the corporation makes a payment on or before the due 
date of the return, without extensions, equal to or greater than the minimum tax 
required under Section 
59-7-104
 or 
59-7-201
;
(b)
the applicable percentage of the required annual payment, as defined in Section 
6655, Internal Revenue Code, for annualized income installments, adjusted seasonal 
installments, and those estimated tax payments based on the current year tax liability 
shall be:
Installment
Percentage
1st
22.5
2nd
45.0
3rd
67.5
4th
90.0
(c)
a large corporation shall be treated as any other corporation for purposes of this 
section;
(d)
if a taxpayer elects a different annualization period than the one used for federal 
purposes, the taxpayer shall make an election with the commission at the same time 
as provided under Section 6655, Internal Revenue Code; and
(e)
the due date shall be superseded by the due date for federal estimated payments if 
modified by other federal action.
(3)
A penalty shall be added as provided in Section 
59-1-401
 for any quarterly estimated 
tax payment that is not made in accordance with this section.
(4)
There shall be no interest added to any estimated tax payments subject to a penalty 
under this section.
(5)
(a)
As used in this Subsection 
(5)
, "spot rate" means the prevailing price in United 
States dollars per troy ounce of gold, as determined by a recognized financial market 
or exchange, for immediate settlement transactions.
(b)
(i)
A corporation may pay taxes due under this chapter by remitting to the state 
treasurer an amount of gold equivalent in value to the tax due.
(ii)
The state treasurer shall calculate the value of the gold remitted under this 
Subsection (5) based on the average spot rate over the three months preceding the 
day on which the payment is due.
(iii)
The state treasurer may not accept gold, unless the gold satisfies internationally 
recognized investment grade purity standards, as determined by the state treasurer.
(c)
When the state treasurer receives gold under this Subsection (5), the state treasurer 
shall notify:
(i)
the commission of the payment, including any information the commission 
requests; and
(ii)
the Division of Finance of the value of the gold received.
Section 10, Section 
59-7-532
 is amended to read:
59-7-532. Revenue received by commission -- Deposit with state treasurer -- 
Distribution or crediting to Income Tax Fund -- Refund claim payments.
(1)
(a)
The commission shall deposit at least quarterly all revenue collected or received 
by the commission under this chapter with the state treasurer.
(b)
The commission shall, subject to the refund provisions of this section, distribute or 
credit, at least quarterly and based on a pro rata share of Income Tax Fund and 
Uniform School Fund appropriations for the current fiscal year, the revenue 
described in Subsection 
(1)(a)
 to:
(i)
the Income Tax Fund; and
(ii)
the Uniform School Fund in accordance with Section 
53F-9-201.1
.
(c)
The commission may credit to or draw from the Income Tax Fund and the Uniform 
School Fund:
(i)
annually to adjust for differences between estimates and actual amounts; or
(ii)
in the proportion described in Subsection 
(1)(b)
 to issue a refund.
(2)
The commission shall from time to time certify to the state auditor the amount of any 
refund authorized by it, the amount of interest computed on it under the provisions of 
Section 
59-7-533
, from whom the tax to be refunded was collected, or by whom it was 
paid, and such refund claims shall be paid in order out of the funds first accruing to the 
Income Tax Fund from the provisions of this section.
(3)
Upon receipt of a notice described in Subsection 
59-7-504(5)(c)
, the Division of 
Finance shall credit from the Income Tax Fund Budget Reserve Account created in 
Section 
63J-1-313
 an amount equal to the value of the gold and deposit the money as 
provided in this section, as though the money were revenue collected or received by the 
commission under this chapter.
Section 11, Section 
59-7-536
 is amended to read:
59-7-536. Relief in case of suspension or forfeiture.
(1)
(a)
Any corporation which has suffered the suspension or forfeiture referred to in 
Section 
59-7-534
 may be relieved from that suspension or forfeiture by applying for 
that relief in writing, paying the tax and the interest and penalties for nonpayment of 
which the suspension or forfeiture occurred, and paying a reinstatement fee of $100. 
If the corporation has done business in this state during the period of such 
suspension, a tax shall be computed according to this chapter for each year in which 
the business was done, and the tax shall be added to the delinquency and penalties 
provided in this section. If the due date of any return required in this section has not 
passed, a return need not be filed until that due date.
(b)
Application for revivor may be made by any stockholder or creditor of the 
corporation or by a majority of the surviving trustees or directors, and the same shall 
be filed with the Division of Corporations and Commercial Code. Upon payment
 to 
the commission
 of the taxes, penalties, and reinstatement fee provided for in this 
section, the Division of Corporations and Commercial Code shall issue a certificate 
of revivor, and the applicant shall be revived. The revivor shall be without prejudice 
to any action, defense, or right which has accrued by reason of the original 
suspension or forfeiture. The certificate of revivor is prima facie evidence of the 
revivor.
(2)
If any corporation has adopted, subsequent to such suspension or forfeiture, any name 
so closely resembling the name of the reviving corporation as will tend to deceive, then 
the reviving corporation is entitled to a certificate of revivor pursuant to the terms of this 
section only upon adopting a new name, and in such case nothing in this section may be 
construed as permitting the reviving corporation to carry on any business under its 
former name. The reviving corporation may use its former name or may take the new 
name only upon filing an application for it with the Division of Corporations and 
Commercial Code, and upon the issuing of a certificate to such corporation by the 
Division of Corporations and Commercial Code, setting forth the right of such 
corporation to take such new name or use its former name as the case may be. The 
Division of Corporations and Commercial Code may not issue any certificate permitting 
any corporation to take or use the name of any corporation already organized in this 
state and which has not suffered a forfeiture, or take or use a name so closely resembling 
the name of any corporation already organized in this state as will tend to deceive.
Section 12, Section 
59-7-627
 is enacted to read:
59-7-627. Nonrefundable tax credit for payment in gold.
(1)
As used in this section, "qualified taxpayer" means a taxpayer that:
(a)
is a mine as defined in Section 
59-5-201
; and
(b)
pays in gold the taxes owed under this chapter for the fiscal year, as allowed under 
Section 
59-7-504
. 
(2)
A qualified taxpayer may claim a nonrefundable tax credit equal to 5% of the taxes 
owed under this chapter for the taxable year as follows:
(a)
for a mine in operation on January 1, 2026, a taxable year that begins on or after 
January 1, 2026, and before January 1, 2031; or
(b)
for a mine that is not in operation on January 1, 2026, a taxable year that begins on 
or after January 1, 2026, and before January 1, 2041.
Section 13, Section 
59-10-514
 is amended to read:
59-10-514. Return filing requirements -- Rulemaking authority.
(1)
(a)
Subject to Subsection 
(3)
 and Section 
59-10-518
:
(i)
an individual income tax return filed for a tax imposed in accordance with 
Part 1, 
Determination and Reporting of Tax Liability and Information
, shall be filed with 
the commission on or before the day on which a federal individual income tax 
return is due;
(ii)
a fiduciary income tax return filed for a tax imposed in accordance with 
Part 2, 
Trusts and Estates
, shall be filed with the commission on or before the day on 
which a federal return for estates and trusts is due; or
(iii)
a return filed in accordance with Section 
59-10-507
 shall be filed with the 
commission on or before the later of:
(A)
the 15th day of the fourth month following the last day of the taxpayer's 
taxable year; or
(B)
the day on which the taxpayer is required to file a federal income tax return.
(b)
Interest accrues from the day on which a return is due under this Subsection 
(1)
.
(2)
A person required to make and file a return under this chapter shall, without assessment, 
notice, or demand, pay any tax due
:
 as provided in Section 
59-10-520
.
(a)
to the commission; and
(b)
before the due date for filing the return, without regard to any extension of time for 
filing the return.
(3)
In accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, the 
commission may make rules prescribing what constitutes filing a return with the 
commission.
Section 14, Section 
59-10-520
 is amended to read:
59-10-520. Time and place for paying tax shown on returns.
(1)
When
Subject to Subsection 
(3)
, when
 a return of tax is required under this chapter or 
rules, the person required to make such return shall, without assessment or notice and 
demand from the commission, pay such tax to the commission office with which the 
return is filed, and shall pay such tax at the time and place fixed for filing the return 
(determined without regard to any extension of time).
(2)
In any case where a tax is required to be paid on or before a certain date, or within a 
certain period, any reference in this chapter to the date fixed for payment of such tax 
shall be deemed a reference to the last day fixed for such payment (determined without 
regard to any extension of time for paying the tax).
(3)
(a)
As used in this Subsection 
(3)
, "spot rate" means the prevailing price in United 
States dollars per troy ounce of gold, as determined by a recognized financial market 
or exchange, for immediate settlement transactions.
(b)
(i)
A person may pay the tax due by remitting to the state treasurer an amount of 
gold equivalent in value to the tax due.
(ii)
The state treasurer shall calculate the value of the gold remitted under this 
Subsection (3) based on the average spot rate over the three months preceding the 
day on which the tax is due.
(iii)
The state treasurer may not accept gold, unless the gold satisfies internationally 
recognized investment grade purity standards, as determined by the state treasurer.
(c)
When the state treasurer receives gold under this Subsection (3), the state treasurer 
shall notify:
(i)
the commission of the payment, including any information the commission 
requests; and
(ii)
the Division of Finance of the value of the gold received.
Section 15, Section 
59-10-544
 is amended to read:
59-10-544. General powers and duties of the commission -- Deposit, distribution, 
or credit of revenues -- Refund reverts to state under certain circumstances.
(1)
(a)
The commission shall administer and enforce a tax imposed under this chapter for 
which purpose it may divide the state into districts in each of which a branch office 
of the commission may be maintained.
(b)
A county may not be divided in forming a district.
(2)
(a)
The commission shall deposit at least quarterly all revenue collected or received 
by the commission under this chapter with the state treasurer.
(b)
Subject to Sections 
59-10-529
 and 
59-10-531
, the commission shall distribute and 
credit, at least quarterly and based on a pro rata share of Income Tax Fund and 
Uniform School Fund appropriations for the current fiscal year, the revenue 
described in Subsection 
(2)(a)
 to:
(i)
the Income Tax Fund; and
(ii)
the Uniform School Fund in accordance with Section 
53F-9-201.1
.
(c)
The commission may credit to or draw from the Income Tax Fund and the Uniform 
School Fund:
(i)
annually to adjust for differences between estimates and actual amounts; or
(ii)
in the proportion described in Subsection 
(2)(b)
 to issue a refund.
(d)
If a refund the commission makes is not claimed within two years from the date the 
commission issues the refund:
(i)
the refund reverts to the state to be credited to the Income Tax Fund; and
(ii)
no further claim may be made on the commission for the amount of the refund.
(3)
Upon receipt of a notice described in Subsection 
59-10-520(3)(c)
, the Division of 
Finance shall credit from the Income Tax Fund Budget Reserve Account created in 
Section 
63J-1-313
 an amount equal to the value of the gold and deposit the money as 
provided in Subsection 
(2)
, as though the money were revenue collected or received by 
the commission under this chapter.
Section 16, Section 
59-10-1048
 is enacted to read:
59-10-1048. Nonrefundable tax credit for payment in gold.
(1)
As used in this section, "qualified claimant" means a claimant who:
(a)
is a mine as defined in Section 
59-5-201
; and
(b)
pays in gold the taxes owed under this chapter for the fiscal year, as allowed under 
Section 
59-7-504
.
(2)
A qualified claimant may claim a nonrefundable tax credit equal to 5% of the taxes 
owed under this chapter for the taxable year as follows:
(a)
for a mine in operation on January 1, 2026, a taxable year that begins on or after 
January 1, 2026, and before January 1, 2031; or
(b)
for a mine that is not in operation on January 1, 2026, a taxable year that begins on 
or after January 1, 2026, and before January 1, 2041.
Section 17, Section 
65A-6-4
 is amended to read:
65A-6-4. Mineral leases -- Multiple leases on same land -- Rentals and royalties 
-- Lease terms -- Great Salt Lake.
(1)
As used in this section:
(a)
"Great Salt Lake element or mineral" means:
(i)
a rare earth element;
(ii)
a trace element or mineral; or
(iii)
a chemical compound that includes a rare earth element or trace element or 
mineral.
(b)
"Operator" means, for purposes of provisions applicable to the extraction of a Great 
Salt Lake element or mineral, a person qualified to do business in the state who is 
pursuing the extraction of a Great Salt Lake element or mineral.
(c)
"Rare earth element" is one of the following ores, minerals, or elements located in 
the brines or the sovereign lands of the Great Salt Lake:
(i)
lanthanum;
(ii)
cerium;
(iii)
praseodymium;
(iv)
neodymium;
(v)
samarium;
(vi)
europium;
(vii)
gadolinium;
(viii)
terbium;
(ix)
dysprosium;
(x)
holmium;
(xi)
erbium;
(xii)
thulium;
(xiii)
ytterbium;
(xiv)
lutetium; and
(xv)
yttrium.
(d)
"Trace element or mineral" means an element or mineral that is located in the brines 
or the sovereign lands of the Great Salt Lake that is not in production by July 1, 2020, 
and for which the state has not received a royalty payment by July 1, 2020.
(2)
(a)
Mineral leases, including oil, gas, and hydrocarbon leases, may be issued for 
prospecting, exploring, developing, and producing minerals covering any portion of 
state lands or the reserved mineral interests of the state.
(b)
(i)
Leases may be issued for different types of minerals on the same land.
(ii)
If leases are issued for different types of minerals on the same land, the leases 
shall include stipulations for simultaneous operations, except that for leases 
related to the Great Salt Lake the leases shall include stipulations for simultaneous 
operations that will not interfere with, impede, limit, or require changes to 
pre-existing rights.
(c)
No more than one lease may be issued for the same resource on the same land.
(d)
The division shall require a separate royalty agreement for extraction of Great Salt 
Lake elements or minerals from brines of the Great Salt Lake when:
(i)
a mineral lease, a royalty agreement, or both that are in effect before the operator 
seeks to extract a particular Great Salt Lake element or mineral do not expressly 
include the right to extract the particular Great Salt Lake element or mineral; or
(ii)
the proposed operation will use brines from the Great Salt Lake, but will not 
occupy sovereign lands for the direct production of Great Salt Lake elements or 
minerals other than for incidental structures such as pumps and intake and outflow 
pipelines.
(3)
(a)
Each mineral lease issued by the division shall provide for an annual rental of not 
less than $1 per acre per year, except that a mineral lease issued by the division 
involving the extraction of a Great Salt Lake element or mineral from brines in the 
Great Salt Lake shall provide for an annual rental of not less than $100 per acre per 
year.
(b)
However, a lease may provide for a rental credit, minimum rental, or minimum 
royalty upon commencement of production, as prescribed by rule.
(4)
The primary term of a mineral lease may not exceed:
(a)
20 years for oil shale and tar sands; and
(b)
10 years for oil and gas and any other mineral.
(5)
(a)
In addition to the requirements of Chapter 17, Part 3, Mineral or Element 
Extraction, and subject to the other provisions of this Subsection (5), for a mineral 
lease or royalty agreement involving the extraction of Great Salt Lake elements and 
minerals from brines in the Great Salt Lake, the division shall ensure that the 
following terms, as applicable, are included:
(i)
an extraction operation or extraction method shall adhere to commercially viable 
technologies that minimize water depletion;
(ii)
a provision authorizing the division to curtail or limit Great Salt Lake element or 
mineral production at any time the condition of the Great Salt Lake reaches the 
emergency trigger, as defined in Section 
65A-17-101
;
(iii)
a provision authorizing the division to withdraw lands, operations, extraction 
methods, or technologies from Great Salt Lake element or mineral production or 
Great Salt Lake element or mineral operations; 
(iv)
a provision allowing the division to require an existing operator to use 
commercially viable, innovative technologies to minimize water depletions caused 
by the planned mineral extraction as a condition of continued operations
if the 
technology:
(A)
has been successfully implemented on a commercial scale in similar 
circumstances;
(B)
has been shown to be economically viable; and
(C)
is reasonably compatible with the operator's overall extraction process; and
(v)
a provision that provides for the reductions of the following after the primary 
term of a mineral lease or royalty agreement:
(A)
the acreage subject to the mineral lease by the acreage the operator does not 
use to extract a Great Salt Lake element or mineral during the primary term of 
the mineral lease under conditions that do not constitute waste, as defined in 
Section 
65A-17-101
; and
(B)
the volume of water that the operator may divert from the Great Salt Lake, by 
the volume of water that the operator does not use during the longer of the 
primary term of the mineral lease or seven years if the operator fails to use the 
volume of water for a beneficial use, except if the failure to use the volume of 
water is as a result of a reduction of water usage under Section 
73-33-201
 or is 
excused under Section 
73-1-4
.
(b)
If under Subsection (5)(a)(iv) the division requires an existing operator to use a 
commercially viable, innovative technology, the division may not require use of a 
technology not yet proven to be commercially viable on the Great Salt Lake and may 
not require implementation of the technology to begin until after a reasonable period 
determined by the division that is at least five years but does not exceed seven years.
(c)
(i)
If the volume of water that the operator may divert from the Great Salt Lake is 
reduced under Subsection (5)(a)(v), the division shall pursue a judicial action to 
declare all or a portion of the water right forfeited under Subsection 
73-1-4
(2).
(ii)
If the division secures the reduction under this Subsection (5)(c), the division 
shall petition the state engineer to order a reversal of the application approval in 
accordance with the terms of the reduction or forfeiture of the water right.
(iii)
Nothing in this Subsection (5) modifies or otherwise affects Section 
73-1-4
 or 
73-3-30
.
(6)
(a)
Before issuing a royalty agreement under Subsection (2)(d), the division may 
require an operator to engage in a feasibility assessment and may issue a royalty 
agreement without compliance of Subsection (5)(a) if the agreement:
(i)
has a term of 12 months or less; and
(ii)
limits use of brines from the Great Salt Lake to a maximum of five acre-feet 
during the term of the agreement.
(b)
The division may make rules, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, for implementing this Subsection (6).
(7)
(a)
Upon nomination from a prospective operator, the division shall by rule, made in 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
establish a royalty rate and calculation methodology for a Great Salt Lake element or 
mineral that:
(i)
provides for a full and fair return to the state from the production of the Great Salt 
Lake element or mineral;
(ii)
is consistent with market royalty rates applicable to the production of the Great 
Salt Lake element or mineral or of the production of oil and gas;
(iii)
provides a base royalty rate;
(iv)
provides a reduced royalty rate from the royalty rate under Subsection (7)(a)(iii) 
if the royalty agreement:
(A)
relates to a non-evaporative method of producing the Great Salt Lake element 
or mineral; or
(B)
provides an incentive to use commercially viable, innovative technology to 
minimize water depletion and evaporation as determined by the division; 
(v)
provides a reduced royalty rate from the royalty rate under Subsection (7)(a)(iii) if 
the prospective operator for the extraction of lithium demonstrates to the 
satisfaction of the division that the prospective operator has an agreement with a 
person who will process or manufacture a product in this state, exclusive of any 
primary or secondary lithium processing or manufacturing, using the lithium 
extracted by the prospective operator; and
(vi)
subject to Subsection (7)(e), provides for a royalty rate that is based on the 
highest market value prevailing at the time of the sale or disposal of the following:
(A)
the Great Salt Lake element or mineral; or
(B)
a product the lessee produces from the Great Salt Lake element or mineral.
(b)
Before entering into a royalty agreement permitting the extraction of Great Salt Lake 
elements or minerals, the operator shall:
(i)
demonstrate the proposed operation's commercial viability;
(ii)
certify before operation begins that the operator is not negatively impacting the 
biota or chemistry of the Great Salt Lake; and
(iii)
obtain the approval of the division and the Department of Environmental Quality 
that the certification supports a finding that the operation will not negatively 
impact the biota or chemistry of the Great Salt Lake.
(c)
A new mineral lease for a Great Salt Lake element or mineral in production in the 
Great Salt Lake as of May 3, 2023, is subject to new royalty rates due to emergent 
technologies.
(d)
An operator who as of July 1, 2020, had a mineral lease with the division but not a 
royalty agreement and who is subject to a severance tax under Subsection 
59-5-202
(5)
59-5-202(7)
 shall pay a royalty under this section in addition to the severance tax.
(e)
The royalty rate described in Subsection (7)(a)(vi) may not be reassessed during the 
primary term of an initial royalty agreement issued under this section, but may be 
reassessed upon the conclusion of the primary term.
(8)
(a)
Except as provided in Subsection (8)(b), an operator who extracts a Great Salt 
Lake element or mineral from tailings from the production of Great Salt Lake 
elements or minerals from brines in the Great Salt Lake is subject to this section to 
the same extent as an operator producing a Great Salt Lake element or mineral from 
brines in the Great Salt Lake.
(b)
An operator that, as of May 3, 2023, has an agreement to recover a Great Salt Lake 
element or mineral from existing tailings, discarded material, end-use products, or 
waste products produced from the evaporation and processing of Great Salt Lake 
brines is not subject to this section, except as to the payment of royalties set by the 
division under Subsection (7)(a). The division shall make rules, in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act, regarding the issuance 
and termination of a royalty agreement for mineral extraction from tailings, discarded 
material, end-use products, or waste products produced from the evaporation and 
processing of Great Salt Lake brines.
(c)
An operator that, as of May 3, 2023, has an underlying agreement to recover a Great 
Salt Lake element or mineral shall obtain an additional agreement for any additional 
Great Salt Lake element or mineral produced from the tailings, discarded material, 
end-use products, or waste products newly produced under the underlying agreement. 
The additional agreement is subject to this section.
(9)
The division shall annually report to the Natural Resources, Agriculture, and 
Environmental Quality Appropriations Subcommittee regarding the amount of money 
collected under this section from royalties provided for in Subsection (7).
(10)
(a)
In the issuance of royalty agreements for the extraction of lithium from the Great 
Salt Lake, the division shall prioritize applicants that
do not use evaporative 
concentration of Great Salt Lake brines in any stage of the extractive process.
(b)
The division may make rules, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, creating a process for implementing this Subsection 
(10).
(11)
Except in relationship to mineral leases related to the Great Salt Lake, the division 
shall make rules regarding the continuation of a mineral lease after the primary term has 
expired, which shall provide that a mineral lease shall continue so long as:
(a)
the mineral covered by the lease is being produced in paying quantities from:
(i)
the leased premises;
(ii)
lands pooled, communitized, or unitized with the leased premises; or
(iii)
lands constituting an approved mining or drilling unit with respect to the leased 
premises; or
(b)
(i)
the lessee is engaged in diligent operations, exploration, research, or 
development which is reasonably calculated to advance development or 
production of the mineral covered by the lease from:
(A)
the leased premises;
(B)
lands pooled, communitized, or unitized with the leased premises; or
(C)
lands constituting an approved mining or drilling unit with respect to the 
leased premises; and
(ii)
the lessee pays a minimum royalty.
(12)
For the purposes of Subsection (11), diligent operations with respect to oil, gas, and 
other hydrocarbon leases may include cessation of operations not in excess of 90 days in 
duration.
(13)
(a)
The division shall study and analyze each mineral lease and mineral royalty 
agreement issued on the Great Salt Lake and compare and evaluate whether the 
mineral leases and royalty agreements are representative of current market 
conditions. As part of this study, the division shall:
(i)
make the following determinations for mineral leases:
(A)
whether the entire surface area described within the mineral lease is being 
used; and
(B)
whether the annual lease payments are representative of current market 
conditions; and
(ii)
for royalty agreements, perform studies and comparative analyses to determine 
whether the state is receiving royalty rates consistent with current market 
conditions.
(b)
By no later than the 2023 November interim meeting, the division shall report the 
division's findings of the study required by this Subsection (13) to the Natural 
Resources, Agriculture, and Environment Interim Committee.
(14)
The division may make rules, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, for implementing this section.
(15)
The provisions in this section related to extraction of a Great Salt Lake element or 
mineral under a mineral lease or royalty agreement apply to a mineral lease or royalty 
agreement in effect on May 1, 2024, and any mineral lease or royalty agreement entered 
into after May 1, 2024.
Section 18, Section 
65A-17-306
 is amended to read:
65A-17-306. Certification of eligibility for tax rates.
(1)
As used in this section:
(a)
"Great Salt Lake element or mineral" means the same as that term is defined in 
Subsection 
59-5-202
(5)
59-5-202(7)
.
(b)
"Great Salt Lake extraction operator" means the same as that term is defined in 
Subsection 
59-5-202
(5)
59-5-202(7)
.
(2)
(a)
A Great Salt Lake extraction operator shall by no later than December 31 of each 
year certify to the division for purposes of determining a severance tax imposed 
under Subsection 
59-5-202
(5)
59-5-202(7)
 during the next succeeding calendar year, 
the information listed in Subsection (2)(b).
(b)
The Great Salt Lake extraction operator shall certify the following for the calendar 
year ending on the date the Great Salt Lake extraction operator submits the 
certification for purposes of determining a severance tax imposed during the next 
succeeding calendar year:
(i)
the Great Salt Lake extraction operator's name;
(ii)
the Great Salt Lake extraction operator's tax identification number;
(iii)
whether at the time a Great Salt Lake element or mineral is extracted, the Great 
Salt Lake extraction operator is a party or a third-party beneficiary to a voluntary 
agreement for water rights with an approved beneficial use by a division as 
defined in Section 
73-3-30
;
(iv)
if the Great Salt Lake extraction operator is not a party or third-party beneficiary 
to a voluntary agreement for water rights with an approved beneficial use by a 
division as defined in Section 
73-3-30
, whether the Great Salt Lake extraction 
operator uses evaporative concentrations of Great Salt Lake brines in any stage of 
the Great Salt Lake extraction operator's extractive process;
(v)
whether the Great Salt Lake extraction operator extracted a Great Salt Lake 
element or mineral when the Great Salt Lake elevation recorded under Subsection 
(3) is at or above 4,198 feet, and what the Great Salt Lake element or mineral 
extracted was; and
(vi)
other information as determined by the division by rule made in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(c)
A Great Salt Lake extraction operator shall submit the certification on a form 
provided by the division and approved by the State Tax Commission.
(3)
The division shall record the Great Salt Lake elevation for purposes of this section and 
Subsection 
59-5-202
(5)
59-5-202(7)
 as of June 15 to be applied during the next 
succeeding calendar year.
(4)
The division shall forward to the State Tax Commission by no later than January 15 of 
the year for which the severance tax shall be determined:
(a)
the Great Salt Lake elevation level recorded under Subsection (3);
(b)
a list of the Great Salt Lake extraction operators who are subject to a severance tax 
under Subsection 
59-5-202
(5)
59-5-202(7)
;
(c)
the Great Salt Lake extraction operator's tax identification number for each Great 
Salt Lake extraction operator listed in Subsection (4)(b); and
(d)
for each Great Salt Lake extraction operator subject to a severance tax under 
Subsection 
59-5-202
(5)
59-5-202(7)
:
(i)
each Great Salt Lake element or mineral or metalliferous compound extracted by 
the Great Salt Lake extraction operator that is subject to the severance tax; and
(ii)
the rate of severance tax that is to be imposed under Subsection 
59-5-202
(5)
59-5-202(7)
.
(5)
The division may audit a certification submitted under this section for completeness and 
accuracy.
(6)
The division may take an enforcement action against a Great Salt Lake extraction 
operator who violates this section.
Section 19. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-19-25 1:42 PM