90-1696 - Withholding

 

BEFORE THE UTAH STATE TAX COMMISSION

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In Re:                                                                           )

                                                                                    :           INFORMAL DECISION

XXXXX                                                                                  )

                                                                                    :           Appeal No. 90-1696

                                                                                    :

                                                                                    :           Account No. XXXXX

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STATEMENT OF CASE

            This matter came before the Utah State Tax Commission pursuant to the Administrative Procedures Act and the rules of the Utah State Tax Commission for informal proceedings.  No hearing was requested, therefore, this decision is based upon information contained in the Tax Commission's file.

FINDINGS

            The issue before the Commission is Petitioner's request for waiver of interest charges associated with Petitioner's XXXXX withholding tax liability.

            In XXXXX, the Petitioner received notice from Commission staff that Petitioner's withholding tax return and payment for XXXXX had not been received.  The Petitioner provided a copy of both its original tax return for that period and its check in payment of the tax due.  The Petitioner also stopped payment on its original check and submitted a replacement check in payment of the tax due.

            The Commission has already waived all penalties in this matter.

DECISION AND ORDER

            While the Petitioner is not responsible for the late payment of its XXXXX withholding tax, it nevertheless had use for several months of the funds which would otherwise have been paid to the Tax Commission.  Under such circumstances, the interest assessed against the Petitioner is a reasonable charge for its use of those funds.  The Tax Commission therefore finds sufficient cause does not exist to waive the interest associated with the Petitioner's withholding tax for XXXXX.  It is so ordered.

            DATED this 3 day of September, 1991.

BY ORDER OF THE UTAH STATE TAX COMMISSION.

R. H. Hansen                                                                Roger O. Tew

Chairman                                                                      Commissioner

Joe B. Pacheco                                                            S. Blaine Willes

Commissioner   Commissioner