88-1152 - Sales

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

Petitioner, :

v. : INFORMAL DECISION

:

COLLECTION DIVISION OF THE : Appeal No. 88 1152

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 waiver of penalty and interest assessments on Petitioner's first quarter XXXXX sales 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 failed to file a timely first quarter XXXXX sales tax return and was assessed a late filing penalty. Petitioner asserts that she was informed by the Tax Commission that the proper forms for filing would be sent to her. Petitioner never received report forms for the first quarter and therefore did not file for that quarter. Upon receipt of the Notice and Demand for payment of taxes, Petitioner immediately filed a tax return and remitted the tax due.

FINDINGS

Although the Commission provides tax forms to its registered taxpayers as a service, the ultimate responsibility for obtaining and filing tax forms remains with the taxpayers. It is presumed that parties dealing with the Commission are familiar with the tax laws and administrative rules enacted by the Commission. See Utah Admin. R. 861-lOa-l(D). Utah Code Ann. 59-12-107(8) stipulates that every vendor shall file with the Commission a sales tax return for the preceding quarterly period. This return is due on or before the last day of the month succeeding the calendar quarter. Failure to file a return as required subjects the vendor to liability for any penalty and interest assessments. 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 tax due or no tax due return. However, Utah Code Ann. 59-1-401(7) authorizes the Commission to waive such penalties upon showing a reasonable cause. Because this is Petitioner's first filing period and immediate steps were taken upon notice to correct the problem, a waiver of the penalty is in order.

DECISION AND ORDER

Based upon the foregoing facts, it is the decision of the Commission that the request for a waiver of the penalty be granted.

DATED this 27 day of September, 1988.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

FOR THE COMMISSION

G. Blaine Davis

Commissioner