88-1441 - Withholding Tax

 

BEFORE THE STATE TAX COMMISSION OF UTAH

_____________________________________

XXXXX

Petitioner, :

v. : INFORMAL DECISION

:

COLLECTION DIVISION OF THE : Appeal No. 88-1441

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 third 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 return for the third quarter of XXXXX. The late filing was due to an oversight and inexperience on the part of a temporary bookkeeper. Petitioner asks that Petitioner's XXXXX-year perfect filing record be considered as reasonable cause for granting the request for waiver of the late-payment penalty.

FINDINGS

Utah Code Ann. 59-10-406 provides that every employer must file withholding returns and remit the tax due on a quarterly basis. Failure to do so opens the employer to liability for penalty and interest assessments.

Utah Code Ann. 59-1-401(7)(b) provides that a penalty of the greater of $$$$$ or ten percent of the tax due shall be assessed for failure to timely file a return; and Utah Code Ann. 59-1-402 authorizes the Commission to make interest charges at the rate of 12 percent per annum on any unpaid tax. 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 of reasonable cause. Negligence on the part of a taxpayer is usually not considered reasonable cause. However, in this case, Petitioner's excellent, long-standing record with the Commission merits recognition and consideration and is enough to justify a waiver of the late-filing penalty. However, because the state of Utah was denied the use of the tax monies, and Petitioner had the benefit of those monies, the interest assessment should not be waived.

DECISION AND ORDER

Based on the foregoing, it is the decision and order of the Commission that the request for a waiver of the penalty assessment be granted. The request for waiver of the interest assessment is denied.

DATED this 29 day of September, 1988.

BY ORDER OF THE STATE TAX COMMISSION OF UTAH.

FOR THE COMMISSION