Com), and the Company's website (“), all accessible through a web browser) to the public. The services and the Company's website include a variety of items or services not ordinarily found at retail stores (such as training, health, nutrition, fitness, and health and fitness tools, information, and courses), which the Company sells under its name. In addition, the Company also offers services under the heading of “websites and/or services for training, exercise planning, health and fitness, nutrition, nutrition and health” and the like. The Company's services and website sell items and/or services subject to state sales tax of up to a maximum rate of 5.5% (with a minimum base tax of 6.00) if the service or website is located in the State of Utah. (‡) In addition, the Company offers several classes and training events under the Company's “Breathe by Breathe” program, such as live cardio, yoga, and Gong, and the Company's “Healthy Recipes' cookbook, which contains recipes, and other similar services (with additional prices charged by the user and/or by certain classes and events) subject to local sales tax of up to a maximum rate of 5.5% (with a minimum base tax of 20.00. (§) The Company's services are primarily offered online, via web browser, via smartphone/tablet, or by use of other connected mobile devices (i.e., smartphones, tablet PCs, computer applications, or smartwatches) and by using Internet connectivity or mobile devices such as a smartphone, tablet, personal computer, laptop computer, or other connected mobile devices. (?) Although sales tax has been legally applicable to the sale of food, prescription drugs, and other items in some states, sales and use taxes on sales and use of services, products and the goods and services made available by the Company's websites are not subject to such tax as a result of the nature of the services and products themselves. These services and products are subject to taxes imposed and collected by the State of Utah and/or by the applicable taxing country.
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FINAL PRIVATE LETTER RULING REQUEST LETTER 10-011 COMPANY NAME ADDRESS 1 CITY STATE ZIP CODE October 8, 2010, Utah Tax Commission Technical Research Unit 210 N 1950 West Salt Lake City, UT 84134 Re:
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