88-0619 - Withholding Tax

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

            Petitioner,                                                         :

v.                                                                                 :           INFORMAL DECISION

                                                                                    :

COLLECTION DIVISION OF THE                          :           Appeal No. 88-0619

STATE TAX COMMISSION OF UTAH,                  )           Acct. No. XXXXX

            Respondent.                                                     :

_____________________________________

STATEMENT OF CASE

            This is a decision from a hearing which came before the Utah State Tax Commission on XXXXX.  James E. Harward, Hearing Officer, heard the matter for the Tax Commission.  XXXXX represented the Petitioner.

FINDINGS

            Petitioners have been assessed a late filing payment penalty for the first and second quarters of XXXXX on the withholding tax.  The Petitioners do not have employees, and did not apply for a withholding tax number.  They were confused as to why the penalties had been assessed.  In reviewing their application for sales tax license, the Petitioners were told that because they checked the box as having employees 1 to 5, they were assigned a withholding number.  The Petitioners checked the box under the impression that under some future date that they may have employees.  They have not had employees and did not have any employees during the period in question.  They also did not have any forms or correspondence with the Tax Commission relating to withholding tax returns during the periods in question.

DECISION AND ORDER

            Based on the foregoing, it is the Decision and Order of the Utah Tax Commission that the Petitioners' request be granted and the penalties associated with any withholding tax account No. XXXXX be waived and account No. XXXXX be cancelled.

            DATED this 27 day of September, 1988.

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