89-0185-Withholding

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX,                                                                     )

            Petitioner,                                                         :

v.                                                                                 )           INFORMAL DECISION

                                                                                    :

                                                                                    )           Appeal No. 89-0185

COLLECTION DIVISION OF THE                          :

UTAH STATE TAX COMMISSION,                        )

                                                                                    :           Acct No. XXXXX

            Respondent.                                                     )

_____________________________________

STATEMENT OF CASE

            This matter came before the Utah State Tax Commission pursuant to the Rules of Administrative Procedure and the Administrative Procedures Act for informal adjudicative proceedings.  No hearing was requested.  Therefore, the matter was conducted by review of the file before the Tax Commission.

            The Petitioner is an out-of-state corporation.  On XXXXX, the Petitioner made application to the Commission for an employer withholding identification number.  The Petitioner, after repeated attempts to obtain a number, did not receive an identification number until XXXXX along with the withholding tables with which to collect the correct withholding amounts of their Utah employees.

            Because of the delay in obtaining the identification number and necessary tax tables, the Petitioner did not file the withholding return for the first quarter of XXXXX until XXXXX.  At that time, the Petitioner filed their return with the tax due of $$$$$.  The Petitioner was assessed a penalty in the amount of $$$$$ for failure to timely file and failure to timely pay the tax due.

DECISION AND ORDER

            The Tax Commission finds sufficient cause in light of the circumstances and the amount due to waive the penalty associated with the first quarter of the XXXXX tax year.  It is so ordered.