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openaccountants/skills/ut-sales-tax.md

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1---
2name: ut-sales-tax
3description: Use this skill whenever asked about Utah sales tax, Utah use tax, USTC sales tax filing, Utah grocery tax reduced rate, Utah SaaS tax, or Utah sales tax compliance. Trigger on phrases like "Utah sales tax", "UT sales tax", "Utah Code §59-12", "USTC", "Utah grocery tax", "Utah SaaS", "Utah SST", or any request involving Utah state and local sales and use tax compliance. ALWAYS load us-sales-tax first for federal context.
4jurisdiction: US-UT
5validation_status: ai-drafted-q3
6---
7 
8# Utah Sales and Use Tax Skill
9 
10---
11 
12## Skill Metadata
13| Field | Value |
14|-------|-------|
15| Jurisdiction | Utah, United States |
16| Jurisdiction Code | US-UT |
17| Tax Type | Sales and Use Tax (state + local) |
18| State Rate | 4.85% |
19| Grocery Food Rate | 3.00% (combined state + local -- see details) |
20| Maximum Combined Rate | ~7.50% (state 4.85% + local up to ~2.65%) |
21| Primary Statute | Utah Code §59-12 |
22| Governing Agency | Utah State Tax Commission (USTC) |
23| Portal | https://tax.utah.gov |
24| SST Member | Yes -- Full Member |
25| Contributor | Open Accounting Skills Registry |
26| Validated By | Pending -- requires US CPA or EA sign-off |
27| Validation Date | Pending |
28| Skill Version | 1.0 |
29| Confidence Coverage | T1: state rate, food rate, basic taxability, filing mechanics. T2: local rate lookups, SaaS taxability, service classification. T3: audit defense, complex exemptions, penalty abatement. |
30| Format | Restructured to Q1 execution format, April 2026 |
31 
32---
33 
34## Confidence Tier Definitions
35- **[T1] Tier 1 -- Deterministic.** Apply exactly as written. No reviewer judgement required.
36- **[T2] Tier 2 -- Reviewer Judgement Required.** Claude flags the issue and presents options. A licensed CPA, EA, or tax attorney must confirm before filing.
37- **[T3] Tier 3 -- Out of Scope / Escalate.** Do not guess. Escalate to a licensed tax professional.
38 
39---
40 
41## Step 0: Client Onboarding Questions
42 
43Before proceeding with any Utah sales tax analysis, collect the following from the client: [T1]
44 
45| # | Question | Why It Matters |
46|---|----------|---------------|
47| 1 | Do you have an Utah sales tax registration / tax ID? | Determines whether registration is needed before filing. |
48| 2 | What is your current filing frequency (monthly / quarterly / annually)? | Controls which return periods to prepare. |
49| 3 | What is your nexus type -- physical presence, economic nexus, or both? | Determines registration obligations and applicable rules. |
50| 4 | Are you a marketplace seller (selling through Amazon, Etsy, etc.)? | Marketplace facilitator may already be collecting on your behalf. |
51| 5 | What types of products or services do you sell in Utah? | Drives taxability classification under Utah law. |
52| 6 | Do you sell to exempt entities (government, nonprofits, resellers)? | Determines whether exemption certificates must be collected and retained. |
53| 7 | Do you have locations, employees, or inventory in Utah? | Physical presence creates nexus independent of economic thresholds. |
54| 8 | Do you sell into multiple Utah local jurisdictions? | Local tax rates vary; determines compliance complexity. |
55 
56**If the client cannot answer questions 1-4, STOP and gather this information before proceeding.** [T1]
57 
58---
59 
60## Step 1: Tax Rate Structure
61### 1.1 State Sales Tax Rate
62 
63Utah imposes a state sales tax of **4.85%** on the retail sale of tangible personal property and certain services. [T1]
64 
65**Statute:** Utah Code §59-12-103.
66 
67**Note:** The 4.85% consists of a base state rate (currently 4.85%, subject to legislative changes). Some sources may break this into components. [T2]
68 
69### 1.2 Local Sales Taxes [T1]
70 
71- Counties, cities, and special districts impose additional sales tax. [T1]
72- Local add-ons range from approximately **1.15% to 2.65%**. [T1]
73- Combined rates range from approximately **6.10% to 7.50%**. [T1]
74- Salt Lake City combined rate: approximately **7.75%** (verify current rate). [T2]
75- Local taxes are administered by USTC. [T1]
76 
77### 1.3 Sourcing [T1]
78 
79Utah uses a hybrid sourcing approach:
80- **Origin-based** for intrastate sales from locations within Utah. [T1]
81- **Destination-based** for interstate (remote) sales. [T1]
82 
83As an SST member, Utah follows SSUTA sourcing rules for remote sales. [T1]
84 
85---
86 
87## Step 2: Transaction Classification Rules
88### 2.1 Grocery Food -- Reduced Rate [T1]
89 
90Utah taxes grocery food at a **reduced combined rate of 3.00%** (combining state and local components):
91 
92| Component | Rate on Food |
93|-----------|-------------|
94| State rate on food | 1.75% |
95| Local uniform rate on food | 1.25% |
96| **Total combined food rate** | **3.00%** |
97 
98- This rate applies uniformly statewide to qualifying food items. [T1]
99- Prepared food: taxable at the FULL combined rate (not the reduced food rate). [T1]
100- Candy: taxable at the full rate. [T1]
101- Soft drinks: taxable at the full rate. [T1]
102 
103**Statute:** Utah Code §59-12-103(2).
104 
105### 2.2 Clothing [T1]
106 
107- Clothing is **fully taxable** at the standard combined rate. No exemption. [T1]
108 
109### 2.3 Prescription Drugs and Medical [T1]
110 
111- Prescription drugs: **exempt**. Utah Code §59-12-104(8). [T1]
112- OTC drugs: **taxable**. [T1]
113- DME: exempt with prescription. [T1]
114- Prosthetics: exempt. [T1]
115 
116### 2.4 Services [T2]
117 
118Utah taxes a moderate number of services:
119 
120- **Taxable services include:** Repair/renovation of TPP, cleaning/washing of TPP, laundry, telecommunications, lodging, admissions/amusements, parking, personal property rental, certain IT services. [T2]
121- **Exempt services include:** Professional services (legal, accounting, medical), education, financial services, most personal care services. [T2]
122 
123### 2.5 SaaS and Digital Goods -- TAXABLE [T1/T2]
124 
125- **SaaS:** **Taxable** in Utah. Utah taxes prewritten computer software regardless of delivery method, including remotely accessed software (SaaS). Utah Code §59-12-103(1)(q). [T1]
126- **Canned software (physical and electronic):** Taxable. [T1]
127- **Custom software:** Exempt when specifically designed for a single customer. [T2]
128- **Digital downloads:** Taxable. [T1]
129- **Streaming services:** Taxable. [T2]
130 
131### 2.6 Manufacturing [T1]
132 
133- Manufacturing equipment: **exempt** when used in manufacturing or processing operations. Utah Code §59-12-104(14). [T1]
134- Includes machinery, equipment, and supplies used directly in manufacturing. [T1]
135 
136### 2.7 Agricultural [T1]
137 
138- Farm machinery and equipment: exempt. Utah Code §59-12-104(58). [T1]
139- Feed, seed, fertilizer: exempt. [T1]
140- Livestock: exempt for breeding/production. [T1]
141 
142---
143 
144## Step 3: Return Form Structure
145### 4.1 Filing Details [T1]
146 
147| Field | Detail |
148|-------|--------|
149| Return Form | TC-62S (Sales and Use Tax Return) |
150| Filing Frequencies | Monthly (>$1,000/quarter avg tax); Quarterly ($250-$1,000); Annually (<$250) |
151| Due Date | Last day of the month following the reporting period |
152| Portal | https://tap.tax.utah.gov (Taxpayer Access Point) |
153| E-filing | Required for most filers |
154 
155### 4.2 Vendor Discount [T1]
156 
157Utah offers a vendor discount of **1.31%** of the tax collected for timely filing (subject to caps). [T1]
158 
159### 4.3 Penalties and Interest [T1]
160 
161- Late filing penalty: 10% of tax due or $20, whichever is greater. [T1]
162- Interest: rate set quarterly based on federal short-term rate + specified margin. [T1]
163 
164---
165 
166## Step 4: Deductibility / Exemptions
167Exemptions identified in Step 2 above are the primary deductibility rules for Utah. Key categories: [T1]
168 
169- **Resale exemption:** Valid resale certificate required. Retain for the statutory period. [T1]
170- **Exempt organizations:** Government entities and qualifying nonprofits -- require exemption certificate on file. [T1]
171- **Agricultural exemptions:** Where applicable per Step 2. [T1]
172- **Manufacturing exemptions:** Where applicable per Step 2. [T2]
173 
174All exemption certificates must be collected at or before the time of sale and retained per the state's statute of limitations. [T1]
175 
176 
177---
178 
179## Step 5: Key Thresholds
180### 3.1 Economic Nexus Threshold [T1]
181 
182| Field | Detail |
183|-------|--------|
184| Revenue Threshold | $100,000 in Utah sales |
185| Transaction Threshold | 200 transactions |
186| Test | OR (either threshold triggers nexus) |
187| Measurement Period | Current or prior calendar year |
188| Effective Date | January 1, 2019 |
189 
190**Statute:** Utah Code §59-12-107(2)(d).
191 
192### 3.2 Marketplace Facilitator [T1]
193 
194Utah requires marketplace facilitators to collect and remit. Utah Code §59-12-107.1. [T1]
195 
196### 3.3 SST Registration [T1]
197 
198Full SST member. SSTRS and CSPs available. [T1]
199 
200---
201 
202## Step 6: Filing Deadlines and Penalties
203 
204Refer to Step 3 for filing frequencies and due dates. [T1]
205 
206---
207 
208## PROHIBITIONS
209- NEVER apply the full combined rate to grocery food. The reduced 3% rate applies statewide. [T1]
210- NEVER apply the reduced food rate to candy, soft drinks, or prepared food. These are at the full rate. [T1]
211- NEVER assume SaaS is exempt in Utah. It is taxable at the full combined rate. [T1]
212- NEVER assume destination-based sourcing for all Utah sales. Intrastate sales use origin-based sourcing. [T1]
213- NEVER assume a uniform combined rate across Utah. Local rates vary. However, the food rate IS uniform at 3%. [T1]
214- NEVER compute any number -- all arithmetic is handled by the deterministic engine, not Claude. [T1]
215 
216---
217 
218## Edge Case Registry
219 
220### EC1 -- Food Rate vs. Full Rate Classification [T2]
221 
222**Situation:** A grocery store sells prepared deli items, packaged snacks, and fresh produce. Different rates apply.
223 
224**Resolution:**
225- Fresh produce: 3% food rate. [T1]
226- Packaged snacks (chips, crackers, not candy): 3% food rate. [T1]
227- Candy: full combined rate (not food rate). [T1]
228- Prepared deli items (heated, with utensils): full combined rate. [T1]
229- Soft drinks: full combined rate. [T1]
230- **Flag for reviewer:** Item classification against SST food definitions determines the applicable rate. [T2]
231 
232### EC2 -- SaaS Taxability [T2]
233 
234**Situation:** A SaaS company from Oregon provides cloud software to Utah businesses. Is it taxable?
235 
236**Resolution:**
237- Utah taxes SaaS at the full combined rate. [T1]
238- The SaaS company must register if it meets the $100K or 200 transaction economic nexus threshold. [T1]
239- Tax is based on the customer's location (destination-based for remote sales). [T1]
240- **Flag for reviewer:** Utah is one of the states that clearly taxes SaaS. Verify current USTC guidance. [T2]
241 
242### EC3 -- Origin-Based vs. Destination-Based Sourcing [T2]
243 
244**Situation:** A Utah retailer with a store in Salt Lake City ships an order to a customer in Park City. Different combined rates may apply.
245 
246**Resolution:**
247- For intrastate sales, Utah uses origin-based sourcing. The rate at the seller's location (SLC) applies. [T1]
248- For interstate sales (out-of-state buyer), destination-based sourcing applies. [T1]
249- **Flag for reviewer:** Utah's hybrid sourcing creates different rate applications depending on whether the sale is intrastate or interstate. Verify the buyer's location. [T2]
250 
251### EC4 -- Food Rate Uniformity [T1]
252 
253**Situation:** A retailer asks whether the 3% food rate varies by location in Utah.
254 
255**Resolution:**
256- The 3% food rate is **uniform statewide** regardless of the local combined rate on general merchandise. [T1]
257- A store in a city with a 7.50% general rate and a store in a city with a 6.10% general rate both charge 3% on food. [T1]
258- This simplifies POS configuration for food items. [T1]
259 
260---
261 
262### EC5 -- SaaS Company with Multi-State Customers [T2]
263 
264**Situation:** A SaaS company from Idaho (where SaaS is not taxable) sells subscriptions to Utah businesses.
265 
266**Resolution:**
267- Utah taxes SaaS at the full combined rate. [T1]
268- The company must register if economic nexus is met ($100K or 200 transactions). [T1]
269- Destination-based sourcing applies for interstate sales. [T1]
270- Tax based on the customer's Utah location. [T1]
271- **Flag for reviewer:** SaaS companies should include Utah in their compliance matrix. Utah is one of the states that clearly taxes SaaS. [T2]
272 
273### EC6 -- Prepared Food at a Grocery Store [T2]
274 
275**Situation:** A grocery store has a deli that sells hot sandwiches, cold pre-made salads without utensils, and uncut birthday cakes.
276 
277**Resolution:**
278- Hot sandwiches: prepared food (full rate). [T1]
279- Cold pre-made salads without utensils and not heated: food (3% rate). [T1]
280- Uncut birthday cakes (not heated, no utensils): food (3% rate). [T1]
281- If the deli provides utensils with the salads, they become prepared food (full rate). [T2]
282- **Flag for reviewer:** The prepared food determination depends on heating, utensils, and whether items are mixed for immediate consumption. [T2]
283 
284### EC7 -- Manufacturing Equipment Exemption [T1]
285 
286**Situation:** A manufacturer purchases a $500,000 production line for a Utah facility.
287 
288**Resolution:**
289- Manufacturing equipment used in manufacturing/processing is exempt. Utah Code §59-12-104(14). [T1]
290- The manufacturer must provide an exemption certificate to the seller. [T1]
291- Office equipment, vehicles, and non-production items do NOT qualify. [T1]
292- **Flag for reviewer:** Maintain documentation of equipment use in manufacturing. [T2]
293 
294---
295 
296## Test Suite
297 
298### Test 1 -- General Merchandise Sale
299 
300**Input:** Seller in Salt Lake City sells $1,000 electronics. Combined rate = 7.75%.
301**Expected output:** Tax = $1,000 x 7.75% = $77.50. Total = $1,077.50.
302 
303### Test 2 -- Grocery Food at Reduced Rate
304 
305**Input:** Customer buys $200 of groceries anywhere in Utah. Food rate = 3%.
306**Expected output:** Tax = $200 x 3% = $6.00. Total = $206.00.
307 
308### Test 3 -- Candy at Full Rate
309 
310**Input:** Customer buys $10 candy in SLC. Combined rate = 7.75%.
311**Expected output:** Candy is NOT food rate. Tax = $10 x 7.75% = $0.78. Total = $10.78.
312 
313### Test 4 -- SaaS Subscription
314 
315**Input:** SaaS company charges Utah business $800/month. Combined rate = 7.25%.
316**Expected output:** SaaS IS taxable. Tax = $800 x 7.25% = $58.00. Total = $858.00.
317 
318### Test 5 -- Economic Nexus
319 
320**Input:** Remote seller from Nevada sold $105,000 to Utah customers in the prior year.
321**Expected output:** $105,000 exceeds $100,000 threshold. Nexus IS triggered. Must register and collect.
322 
323---
324 
325### Test 6 -- Prepared Food at Grocery Deli
326 
327**Input:** Customer at a Provo grocery store buys a $8 hot sandwich (prepared) and $5 cold salad (no utensils, not heated). Combined non-food rate = 7.25%. Food rate = 3%.
328**Expected output:** Hot sandwich: $8 x 7.25% = $0.58. Cold salad (food): $5 x 3% = $0.15. Total tax = $0.73. Total = $13.73.
329 
330### Test 7 -- Origin-Based Intrastate Sale
331 
332**Input:** Seller in Salt Lake City (combined rate 7.75%) ships to buyer in Provo (combined rate 7.25%). Both in Utah.
333**Expected output:** Intrastate sale uses origin-based sourcing. Rate = 7.75% (seller's SLC rate). Tax = sale price x 7.75%.
334 
335### Test 8 -- Manufacturing Equipment Exempt
336 
337**Input:** Manufacturer buys $100,000 production equipment for Utah plant.
338**Expected output:** Manufacturing equipment exempt. Tax = $0. Total = $100,000.
339 
340---
341 
342## Reviewer Escalation Protocol
343 
344| Trigger | Action |
345|---------|--------|
346| Any [T3] tagged item encountered | STOP. Do not guess. Escalate to licensed CPA, EA, or tax attorney. |
347| Client has audit notice or assessment | Escalate immediately. Do not advise on audit response. |
348| Multi-state nexus question involving 3+ states | Flag for senior reviewer with multi-state experience. |
349| Penalty abatement or voluntary disclosure | Escalate to licensed professional with state-specific experience. |
350| Ambiguous taxability of a product/service | Present both interpretations to reviewer with supporting authority. |
351 
352---
353 
354## Contribution Notes
355 
356- This skill follows the Q1 execution format (Step 0 through Step 7).
357- All rules are tagged [T1], [T2], or [T3] per the Confidence Tier Definitions.
358- Rate tables are deterministic lookup tables -- no narrative explanation of rates.
359- To update this skill, submit a pull request with the specific section, supporting statutory authority, and effective date of the change.
360- All changes require validation by a US CPA or EA before merging.
361 
362---
363 
364## Disclaimer
365This skill and its outputs are provided for informational and computational purposes only and do not constitute tax, legal, or financial advice. Open Accountants and its contributors accept no liability for any errors, omissions, or outcomes arising from the use of this skill. All outputs must be reviewed and signed off by a qualified professional (such as a CPA, EA, tax attorney, or equivalent licensed practitioner in your jurisdiction) before filing or acting upon.
366 
367The most up-to-date, verified version of this skill is maintained at [openaccountants.com](https://openaccountants.com). Log in to access the latest version, request a professional review from a licensed accountant, and track updates as tax law changes.
368 

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About

Use this skill whenever asked about Utah sales tax, Utah use tax, USTC sales tax filing, Utah grocery tax reduced rate, Utah SaaS tax, or Utah sales tax compliance. Trigger on phrases like "Utah sales tax", "UT sales tax", "Utah Code §59-12", "USTC", "Utah grocery tax", "Utah SaaS", "Utah SST", or any request involving Utah state and local sales and use tax compliance. ALWAYS load us-sales-tax first for federal context.

US-UTty-2025

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