PUBLICATION 4

Rev. 12/24

Utah State Tax Commission Official Seal

Voluntary Disclosure Program

Utah State Tax Commission

P.O. Box 30412

Salt Lake City, Utah 84130

801-297-7780

1-800-368-8824

tax.utah.gov

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General Information

Companies that have established a direct representational or economic presence in Utah must collect, file and pay certain taxes. The Tax Commission’s Voluntary Disclosure Program is designed to help businesses voluntarily resolve prior business tax liabilities. You may anonymously contact the Voluntary Disclosure Program to seek resolution of these liabilities and may benefit by avoiding penalties and receiving a limited look-back period.

Voluntary Disclosure Process

Program Application

To apply for the Voluntary Disclosure Program, complete form TC-43, Voluntary Disclosure Program Application and email it to nexus@utah.gov. Get TC-43 online at tax.utah.gov/forms-pubs.

If you want to apply anonymously, do not disclose the name of the company or any information that could easily identify the company until you sign the agreement.

Application Review

When we receive your completed application, we will review the specific facts and circumstances. 

The period of time for which an applicant pays back taxes and interest is:

  1. usually three years
  2. less than three years, if the company established a direct representational or economic presence in Utah less than three years before applying for the program; or
  3. more than three years, if the unpaid tax is sales tax, withholding tax or another trust tax that the company collected or withheld more than three years ago.

Note: You will have to pay interest on the unpaid tax liabilities.

Executing the Agreement

If we accept your application, we will prepare an official Voluntary Disclosure Agreement (VDA). We may void the agreement if we find any material misrepresentations in the information received in support of the agreement. In that case, we may assess additional tax, penalty and interest.

We will forward the VDA to your representative once we have approved and signed the agreement. You will then have 90 days to sign and return the VDA. Once you have signed, you will have 30 days to provide all requested information, registration, returns and schedules.

After we receive all the required documentation, we will issue an assessment and you will have 30 days to pay. Payment plans are not offered through the VDA.

If we do not receive your payment within 30 days, we will impose a penalty for failure to pay, and interest will continue to accrue.

Contact Information

You can contact the Voluntary Disclosure Program at:

Voluntary Disclosure Program
Special Services Division
Utah State Tax Commission
210 North 1950 West
Salt Lake City, UT 84134
Phone: 801-297-6299
Fax: 801-297-6358
E-mail: nexus@utah.gov

For voluntary disclosures involving more than one state you may contact the Multistate Tax Commission’s National Nexus Program for a streamlined, multi-state disclosure process at:

Director, National Nexus Program
Multistate Tax Commission
444 North Capitol Street, NW, Suite 425
Washington, DC 20001-1538
Phone: 202-695-8140
E-mail: nexus@mtc.gov
Website: mtc.gov

Translation

To help visitors understand information on this page in a variety of languages, the Tax Commission has added a link at the top to an automated translation service. This type of service is not perfect, and context or meaning may be inaccurately or incompletely translated. As a result, the Tax Commission cannot guarantee the accuracy of translated information. Anyone relying on translated information does so at their own risk. In the event of any disagreement or ambiguity between a translation and the original English document, the original English document is correct.

If you need an accommodation under the Americans with Disabilities Act, email taxada@utah.gov, or call 801-297-3811 or TDD 801-297-2020. Please allow three working days for a response.

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Please note . . .

TAP Scheduled Upgrade

Taxpayer Access Point (TAP) will be upgraded Friday, December 11 at 5:00pm through Monday, December 14 at 7:00am. TAP will be unavailable during this time.

Please note . . .

TC-69 Form Usually Requires Additional Schedules

When submitting a TC-69 paper form, you MUST also include the appropriate schedule(s). If you do not include the correct schedule(s), your business registration will be delayed.

Note: To save time and ensure all needed schedules are included, you can apply for a tax account online.

Effective: June 1, 2024 – To improve efficiency, we have moved all Utah State Business and Tax Registrations (TC-69 and related schedules) online.

Please note . . .

Sales tax filing is changing

All Utah sales and use tax returns and other sales-related tax returns must be filed electronically, beginning with returns due Nov. 2, 2020. File electronically using Taxpayer Access Point at tap.utah.gov.

This includes:

  • Third quarter, July-Sept 2020 (quarterly filers)
  • September 2020 (monthly filers)
  • Jan – Dec 2020 (annual filers)
  • All related schedules

You can continue to the PDF form below, or go to TAP to register and begin filing electronically now—no need to wait until the deadline!