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Senate advances bill requiring platforms to report remote sellers’ sales to Utah Tax Commission

Utah Senate · March 3, 2015
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Summary

Senate Bill 192 would require sales platforms to report non-collecting sellers who sell more than $2,500 into Utah in a calendar quarter; sponsor said only business names and totals would be reported and the Tax Commission would protect consumer details under confidentiality rules.

Senate Bill 192 moved forward on the Senate floor after a floor presentation and a series of questions about privacy, compliance and constitutional exposure.

Sponsor Senator Harper described SB192 as an informational reporting requirement aimed at noncollecting sellers who use third‑party platforms: platforms would report the business name and the total sales amount for sellers selling more than $2,500 into Utah during a calendar quarter. "The information will be maintained and controlled under the tax commission's confidentiality statute," the sponsor said on the floor, adding that the measure is intended to help the state quantify uncollected sales tax and support taxpayer education on use tax obligations.

Senators questioned how the bill interacts with federal action and recent U.S. Supreme Court precedent on remote sales taxation, the potential constitutional note from prior bills on the issue, and what specific data would be shared. In response, Senator Harper emphasized this bill reports the seller and aggregate sales totals (not consumers or shopping-cart contents) and that exemption certificates would remain effective for exempt purchasers.

Senators also asked operational questions about how the Tax Commission would store and control the reported information and whether the data could identify individual consumers; the sponsor said the Tax Commission's confidentiality rules prevent disclosure and that the report will not include consumer names or shopping-cart details.

The measure was presented as an information-reporting tool intended to preserve state control over sales-tax policy in the wake of federal and judicial uncertainty. The clerk moved the bill toward third-reading consideration after floor discussion and recorded votes reflected mixed support during roll call.