1. (1)

   1. (a) Subject to Subsection (1)(b) and except as provided in Section 59-4-103, a tax is imposed on the possession or other beneficial use enjoyed by any person of any real or personal property that is exempt for any reason from taxation, if that property is used in connection with a business conducted for profit.
   2. (b) Any interest remaining in the state in state lands after subtracting amounts paid or due in part payment of the purchase price as provided in Subsection 59-2-1103(2)(b)(i) under a contract of sale is subject to taxation under this chapter regardless of whether the property is used in connection with a business conducted for profit.

2. (2)

   1. (a) The tax imposed under this chapter is the same amount that the ad valorem property tax would be if the possessor or user were the owner of the property.
   2. (b) The amount of any payments that are made in lieu of taxes is credited against the tax imposed on the beneficial use of property owned by the federal government.

3. (3)

   1. (a) A tax imposed under this chapter is assessed to the possessors or users of the property on the same forms, and collected and, subject to Sections 11-70-203 and 11-59-207, distributed at the same time and in the same manner, as taxes assessed owners, possessors, or other claimants of property that is subject to ad valorem property taxation.
   2. (b) The tax imposed under this chapter is not a lien against the property, and no tax-exempt property may be attached, encumbered, sold, or otherwise affected for the collection of the tax.

4. (4)

   1. (a)

      1. (i) Except as provided in Subsection (4)(a)(ii), if a governmental entity is required under this chapter to send information or notice to a person, the governmental entity shall send the information or notice to:

         1. (A) the person required under the applicable provision of this chapter; and
         2. (B) each person designated in accordance with Subsection (4)(b) by the person described in Subsection (4)(a)(i)(A).

      2. (ii) If a governmental entity is required under Section 59-2-919.1 or 59-2-1317 to send information or notice to a person, the governmental entity shall send the information or notice to:

         1. (A) the person required under the applicable section; or
         2. (B) one person designated in accordance with Subsection (4)(b) by the person described in Subsection (4)(a)(ii)(A).

   2. (b)

      1. (i) A person to whom a governmental entity is required under this chapter to send information or notice may designate a person to receive the information or notice in accordance with Subsection (4)(a).
      2. (ii) To make a designation described in Subsection (4)(b)(i), the person shall submit a written request to the governmental entity on a form prescribed by the commission.
   3. (c) A person who makes a designation described in Subsection (4)(b) may revoke the designation by submitting a written request to the governmental entity on a form prescribed by the commission.
5. (5) Sections 59-2-301.1 through 59-2-301.7 apply for purposes of assessing a tax under this chapter.

Amended by Chapter 299, 2026 General Session