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Senate passes bill to clarify sales-tax treatment of certain car-wash transactions

Utah State Senate · February 9, 2017
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Summary

The Utah Senate approved Senate Bill 16, a technical clarification of an existing sales-tax exemption intended to remove auditing ambiguity for car-wash transactions; the bill passed on a roll call after debate about exemptions and a small fiscal note.

Senate Bill 16, a measure described by sponsors as a technical clarification of existing sales-tax law, passed the Utah Senate after a roll-call vote.

Supporters said the bill does not create or expand a tax exemption but instead clarifies ambiguous language in current statute so auditors and businesses apply the law consistently. Senator Sarah Harper said the measure was developed with the tax commission and called it “a cleanup technical fix” after changes in payment technology exposed ambiguities between coin-operated and attended car-wash transactions.

The bill’s sponsor told the chamber the exemption at issue dates to 1994, was revised in 1996 and has been the subject of agency guidance (rule 98-03) and prior legislative work. A fiscal note was described in debate as under $10,000; the Tax Commission did not have a concrete example of a newly taxed transaction but assigned a small fiscal estimate to the change.

Opponents and some colleagues warned the session about the larger policy of multiple exemptions. Senator Backus and others urged a broader interim study of exemptions, deductions and incentives and asked that lawmakers consider placing exemption review on the master study list for the Revenue & Taxation interim committee. Supporters responded that the bill’s intent is narrow: clarify the existing exemption’s administration, not eliminate it.

After discussion, the sponsor moved the bill. The clerk announced a roll-call result reporting 23 affirmative votes, one negative vote and several absences; one senator explained his affirmative vote while noting the measure would receive scrutiny in the House. The presiding officer ordered enrolled copies sent to staff for enrollment and transmittal to the House as appropriate.

The Senate adjourned after completing its business for the day; the bill will proceed to the next steps in the legislative process.