88-1246 - Sales

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

Petitioner, :

v. : INFORMAL DECISION

:

COLLECTION DIVISION OF THE : Appeal No. 88-1246

STATE TAX COMMISSION OF UTAH, ) 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 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 annual sales tax return for XXXXX and was assessed a late filing penalty and interest for the late period. Petitioner opened a new business in XXXXX and believed, because the sales tax return was due on an annual basis, that the return could be filed along with its personal income tax return on or before XXXXX.

FINDINGS

Utah Code Ann. 59-12-107(8) provides that every vendor must file a sales or use tax return with the Commission on or before the last day of the month following the filing period. Because Petitioner was to file its sales tax return on an annual basis, the return was due and payable XXXXX. Petitioner's return was not received by the Commission until XXXXX. Petitioner's failure to file a timely return opened it to liability for late filing penalty and interest assessments.

Utah Code Ann. 59-1-401(1)(b) provides that a penalty of the greater of $$$$$ or 10 percent of the tax due shall be assessed for failure to file a timely return. Utah Code Ann. 59-1-402 authorizes the Commission to charge interest on tax due accounts at the rate of 12 percent annually. Utah Code Ann. 59-1-401(7) authorizes the Commission to waive penalty and interest assessments, and the Commission will do so upon a showing that the noncompliance was due to reasonable cause. In light of the fact that this was Petitioner's first experience with sales tax matters, and corrective measures were taken immediately upon discovery of the error, a waiver of the penalty assessment is in order. However, because the state of Utah was denied the use of the money during the delinquency period, Petitioner should be held liable for the interest assessment.

DECISION AND ORDER

Based on the foregoing facts, it is the Decision and Order of the Utah State Tax Commission that the request for waiver of the penalty assessment be granted. The request for waiver of interest assessments is denied.

DATED this 27 day of September, 1988.