Certified service provider liability.

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  • (1) Notwithstanding Section 59-12-107 and except as provided in Subsection (2), if a model 1 seller selects a certified service provider as the model 1 seller's agent:
    • (a) the certified service provider shall collect and remit an agreement sales and use tax to the commission:
      • (i) that the model 1 seller would otherwise be required to remit to the commission under this chapter; and
      • (ii) as provided in this chapter; and
    • (b) the model 1 seller is not liable for the certified service provider's failure to collect and remit an agreement sales and use tax to the commission that the model 1 seller would otherwise be required to remit to the commission under this chapter.
  • (2) The model 1 seller described in Subsection (1):
    • (a) shall remit to the commission a sales and use tax imposed by this chapter:
      • (i) on the model 1 seller's purchases; and
      • (ii) as provided in this chapter; and
    • (b) is liable for a sales and use tax liability arising from fraud by the model 1 seller.




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