§ 26-82-115 — Maximum tax limitation

(a) A sales and use tax levied under this chapter shall be levied and collected only on the first two thousand five hundred dollars ($2,500) of gross receipts, gross proceeds, or sales price on the sale of: (1) Motor vehicles; (2) Aircraft; (3) Watercraft; (4) Modular homes; (5) Manufactured homes; or (6) Mobile homes. (b) (1) (A) For a taxpayer not subject to the levy of a use tax on taxable services or tangible personal property brought into the state for storage until the tangible personal property is subsequently initially used in the state, the use tax portion of the local sales and use tax authorized under this chapter shall be computed on each purchase of the tangible personal property by the taxpayer as if all the tangible personal property was subject upon purchase to the use tax portion of the local sales and use tax. (B) However, the use tax portion of the local sales and use tax authorized under this chapter shall be computed only on the first two thousand five hundred dollars ($2,500) of gross receipts, gross proceeds, or sales price on the sale of: (i) Motor vehicles; (ii) Aircraft; (iii) Watercraft; (iv) Modular homes; (v) Manufactured homes; or (vi) Mobile homes. (2) The use tax portion of the local sales and use tax computed under subdivision (b)(1) of this section shall be aggregated on a monthly basis, and the aggregate monthly amount shall be divided by the sum of the total purchases of the tangible personal property on which the use tax portion of the local sales and use tax is computed, and the quotient shall be multiplied by the amount of the taxpayer's tangible personal property subsequently initially used and subject to levy of the use tax portion of the local sales and use tax within the city or county during the month for which the monthly aggregate tax figure was computed, and the product shall be the amount of the use tax portion of the local sales and use tax liability for the taxpayer for the month computed.

Legislative History

Amended by Act 2013, No. 1135,§ 22, eff. 8/16/2013. Amended by Act 2013, No. 1135,§ 21, eff. 8/16/2013. Acts 2011, No. 828, § 1.