1. (1) Subject to the other provisions of this section and except as provided in Subsection (2) or (4), beginning on July 1, 2008, the state shall impose a tax under this part on the transactions described in Subsection 59-12-103(1) within a city, town, or the unincorporated area of a county of the first or second class if, on January 1, 2008, there is a public transit district within any portion of that county of the first or second class.

2. (2) The state may not impose a tax under this part within a county of the first or second class if within all of the cities, towns, and the unincorporated area of the county of the first or second class there is imposed a sales and use tax of:

   1. (a) .30% under Section 59-12-2213;
   2. (b) .30% under Section 59-12-2215; or
   3. (c) .30% under Section 59-12-2216.

3. (3)

   1. (a) Subject to Subsection (3)(b), if the state imposes a tax under this part, the tax rate imposed within a city, town, or the unincorporated area of a county of the first or second class is a percentage equal to the difference between:

      1. (i) .30%; and

      2. (ii)

         1. (A) for a city within the county of the first or second class, the highest tax rate imposed within that city under:

            1. (I) Section 59-12-2213;
            2. (II) Section 59-12-2215; or
            3. (III) Section 59-12-2216;

         2. (B) for a town within the county of the first or second class, the highest tax rate imposed within that town under:

            1. (I) Section 59-12-2213;
            2. (II) Section 59-12-2215; or
            3. (III) Section 59-12-2216; or

         3. (C) for the unincorporated area of the county of the first or second class, the highest tax rate imposed within that unincorporated area under:

            1. (I) Section 59-12-2213;
            2. (II) Section 59-12-2215; or
            3. (III) Section 59-12-2216.
   2. (b) For purposes of Subsection (3)(a), if for a city, town, or the unincorporated area of a county of the first or second class, the highest tax rate imposed under Section 59-12-2213, 59-12-2215, or 59-12-2216 within that city, town, or unincorporated area of the county of the first or second class is .30%, the state may not impose a tax under this part within that city, town, or unincorporated area.

4. (4)

   1. (a) The state may not impose a tax under this part on:

      1. (i) the sales and uses described in Section 59-12-104 to the extent the sales and uses are exempt from taxation under Section 59-12-104; or
      2. (ii) except as provided in Subsection (4)(b), amounts paid or charged for food and food ingredients.
   2. (b) The state shall impose a tax under this part on the purchase price or sales price for amounts paid or charged for food and food ingredients if the food and food ingredients are sold as part of a bundled transaction attributable to food and ingredients and tangible personal property other than food and food ingredients.
5. (5) For purposes of Subsection (1), the location of a transaction shall be determined in accordance with Sections 59-12-211 through 59-12-215.

6. (6) The commission shall distribute the revenues the state collects from the sales and use tax under this part, after subtracting amounts a seller retains in accordance with Section 59-12-108, to the public transit districts within the cities, towns, and unincorporated areas:

   1. (a) within which the state imposes a tax under this part; and
   2. (b) in proportion to the revenues collected from the sales and use tax under this part within each city, town, and unincorporated area within which the state imposes a tax under this part.

Amended by Chapter 422, 2017 General Session