89-0859 - Withholding

 

BEFORE THE UTAH STATE TAX COMMISSION

_____________________________________

XXXXX

Petitioner, :

v. : INFORMAL DECISION

:

: Appeal No. 89-0859

COLLECTION DIVISION OF THE :

UTAH STATE TAX COMMISSION, :

: Acct No. XXXXX

Respondent. :

_____________________________________

STATEMENT OF CASE

This is an appeal to the Utah State Tax Commission requesting waiver of an interest assessment on Petitioner's XXXXX quarter, XXXXX withholding tax return. Pursuant to Utah Code Ann. 63-46b-5(1)(b,j) (1986 Rep. 1988 Supp.) no hearing was held. Petitioner's file served as the evidentiary basis for this decision.

The penalty assessment in this case has been previously waived by the Commission and Petitioner now contests the interest assessment of $$$$$. Petitioner feels that if the penalty is waived then the interest should be waived. Petitioner also has a question as to whether interest was calculated on the penalty that was previously waived.

FINDINGS

Utah Code Ann. 59-1-401,59-1-402,59-12-107(19), and59-12-111 (1987 Rep., 1989 Supp.) provide for the assessment of penalty and interest for the late filing of tax returns and the late payment of taxes. Utah Code Ann. 59-1-401(8) (1987 Rep., 1988 Supp.) also provides that the Commission upon reasonable cause shown may waive or reduce penalty and interest assessed under the above statutes.

The penalty and interest are separate assessments under the above statutes. Interest is calculated on the amount of tax due and is payment to the state for the loss of use of the money between the time it is due and the time it is paid.

Under the above statute the penalty may be waived while retaining the interest due on the amount of tax that was paid late. Reasonable cause was shown for the waiver of the penalty assessment but not the waiver of the interest on the tax due since that tax was not timely paid by Petitioner.

DECISION AND ORDER

Based on the foregoing, it is the decision and order of the Utah State Tax Commission that Petitioner's request for waiver of interest be denied.