88-1147 - Withholding Tax

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

Petitioner, :

v. : INFORMAL DECISION

:

COLLECTION DIVISION OF THE : Appeal No. 88 1147

UTAH STATE TAX COMMISSION, : Acct. No. XXXXX

Respondent. :

_____________________________________

STATEMENT OF CASE

This is an appeal to the Utah State Tax Commission for reconsideration of a Commission decision denying a request for a waiver of a penalty assessment on Petitioner's first quarter XXXXX withholding tax return. Pursuant to Utah Code Ann. 63-46b-5(1)(b) no hearing was held. A review of Petitioner's file served as the evidentiary basis for this decision.

Petitioner, XXXXX, failed to file a timely withholding tax return for the first quarter of XXXXX and was assessed a late filing penalty. The return, due XXXXX, was received by the Commission XXXXX.

FINDINGS

Utah Code Ann. 59-10-406(1) stipulates that each employer shall file with the Commission a withholding report for the preceding calendar quarter. This report is due on or before the last day of the month succeeding the calendar quarter. Failure to file the report as required opens the employer to liability for late filing and late payment penalties. Utah Code Ann. 59-1-401(1)(b) stipulates that a penalty of the greater of $$$$$ or 10 percent of the tax due shall be assessed for failure to file a timely no tax due return. Petitioner's first quarter withholding tax return was due XXXXX but was not received by the Commission until XXXXX. Petitioner's failure to file a timely return opened him to liability for the late filing penalty.

DECISION AND ORDER

Based on the foregoing facts, it is the decision of the Commission that the request for waiver of penalty be denied.

DATED this 27 day of September, 1988.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

FOR THE COMMISSION

G. Blaine Davis

Commissioner