BEFORE THE UTAH STATE TAX COMMISSION
v. : INFORMAL DECISION
: Appeal No. 89-1880
COLLECTION DIVISION OF THE :
STATE TAX COMMISSION OF UTAH, )
: Account No. XXXXX
STATEMENT OF CASE
This matter came before the Utah State Tax Commission pursuant to the Utah 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 who had but one employee in the state of Utah who was hired in XXXXX The Petitioner did not file withholding taxes for the 4th quarter of XXXXX on that individual until XXXXX.
Petitioner stated that the delay in their filing of withholding tax of $$$$$ on the above mentioned individual was due to the fact that they were unaware of that employee status until the later part of XXXXX, when W-2's for their employees were printed. The Petitioner had not been previously registered in the state of Utah for withholding purposes. The Petitioner was assessed a penalty in the amount of $$$$$, and interest in the amount of $$$$$ for failing to timely file and timely pay the tax due.
DECISION AND ORDER
The Tax Commission finds sufficient cause to waive the penalty and interest associated with the withholding tax for the 4th quarter XXXXX. It is so ordered.