Superseded 7/1/2023)

Superseded 7/1/2023
59-1-403.  Confidentiality — Exceptions — Penalty — Application to property tax.

(1)  As used in this section:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
For details, see Utah Code § 76-3-204

Terms Used In Utah Code 59-1-403

  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: means :Utah Code 68-3-12.5
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
(a)  “Distributed tax, fee, or charge” means a tax, fee, or charge:

(i)  the commission administers under:

(A)  this title, other than a tax under 2;

(B)  3;

(C)  4;

(D)  Section 19-6-805;

(E)  Section 63H-1-205; or

(F)  4; and

(ii)  with respect to which the commission distributes the revenue collected from the tax, fee, or charge to a qualifying jurisdiction.

(b)  “Qualifying jurisdiction” means:

(i)  a county, city, town, or metro township;

(ii)  the military installation development authority created in Section 63H-1-201; or

(iii)  the Utah Inland Port Authority created in Section 11-58-201.

(2) 

(a)  Any of the following may not divulge or make known in any manner any information gained by that person from any return filed with the commission:

(i)  a tax commissioner;

(ii)  an agent, clerk, or other officer or employee of the commission; or

(iii)  a representative, agent, clerk, or other officer or employee of any county, city, or town.

(b)  An official charged with the custody of a return filed with the commission is not required to produce the return or evidence of anything contained in the return in any action or proceeding in any court, except:

(i)  in accordance with judicial order;

(ii)  on behalf of the commission in any action or proceeding under:

(A)  this title; or

(B)  other law under which persons are required to file returns with the commission;

(iii)  on behalf of the commission in any action or proceeding to which the commission is a party; or

(iv)  on behalf of any party to any action or proceeding under this title if the report or facts shown by the return are directly involved in the action or proceeding.

(c)  Notwithstanding Subsection (2)(b), a court may require the production of, and may admit in evidence, any portion of a return or of the facts shown by the return, as are specifically pertinent to the action or proceeding.

(3)  This section does not prohibit:

(a)  a person or that person’s duly authorized representative from receiving a copy of any return or report filed in connection with that person’s own tax;

(b)  the publication of statistics as long as the statistics are classified to prevent the identification of particular reports or returns; and

(c)  the inspection by the attorney general or other legal representative of the state of the report or return of any taxpayer:

(i)  who brings action to set aside or review a tax based on the report or return;

(ii)  against whom an action or proceeding is contemplated or has been instituted under this title; or

(iii)  against whom the state has an unsatisfied money judgment.

(4) 

(a)  Notwithstanding Subsection (2) and for purposes of administration, the commission may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provide for a reciprocal exchange of information with:

(i)  the United States Internal Revenue Service; or

(ii)  the revenue service of any other state.

(b)  Notwithstanding Subsection (2) and for all taxes except individual income tax and corporate franchise tax, the commission may by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, share information gathered from returns and other written statements with the federal government, any other state, any of the political subdivisions of another state, or any political subdivision of this state, except as limited by Sections 59-12-209 and 59-12-210, if the political subdivision, other state, or the federal government grant substantially similar privileges to this state.

(c)  Notwithstanding Subsection (2) and for all taxes except individual income tax and corporate franchise tax, the commission may by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, provide for the issuance of information concerning the identity and other information of taxpayers who have failed to file tax returns or to pay any tax due.

(d)  Notwithstanding Subsection (2), the commission shall provide to the director of the Division of Environmental Response and Remediation, as defined in Section 19-6-402, as requested by the director of the Division of Environmental Response and Remediation, any records, returns, or other information filed with the commission under Chapter 13, Motor and Special Fuel Tax Act, or Section 19-6-410.5 regarding the environmental assurance program participation fee.

(e)  Notwithstanding Subsection (2), at the request of any person the commission shall provide that person sales and purchase volume data reported to the commission on a report, return, or other information filed with the commission under:

(i)  2; or

(ii)  4.

(f)  Notwithstanding Subsection (2), upon request from a tobacco product manufacturer, as defined in Section 59-22-202, the commission shall report to the manufacturer:

(i)  the quantity of cigarettes, as defined in Section 59-22-202, produced by the manufacturer and reported to the commission for the previous calendar year under Section 59-14-407; and

(ii)  the quantity of cigarettes, as defined in Section 59-22-202, produced by the manufacturer for which a tax refund was granted during the previous calendar year under Section 59-14-401 and reported to the commission under Subsection 59-14-401(1)(a)(v).

(g)  Notwithstanding Subsection (2), the commission shall notify manufacturers, distributors, wholesalers, and retail dealers of a tobacco product manufacturer that is prohibited from selling cigarettes to consumers within the state under Subsection 59-14-210(2).

(h)  Notwithstanding Subsection (2), the commission may:

(i)  provide to the Division of Consumer Protection within the Department of Commerce and the attorney general data:

(A)  reported to the commission under Section 59-14-212; or

(B)  related to a violation under Section 59-14-211; and

(ii)  upon request, provide to any person data reported to the commission under Subsections 59-14-212(1)(a) through (c) and Subsection 59-14-212(1)(g).

(i)  Notwithstanding Subsection (2), the commission shall, at the request of a committee of the Legislature, the Office of the Legislative Fiscal Analyst, or the Governor’s Office of Planning and Budget, provide to the committee or office the total amount of revenues collected by the commission under Chapter 24, Radioactive Waste Facility Tax Act, for the time period specified by the committee or office.

(j)  Notwithstanding Subsection (2), the commission shall make the directory required by Section 59-14-603 available for public inspection.

(k)  Notwithstanding Subsection (2), the commission may share information with federal, state, or local agencies as provided in Subsection 59-14-606(3).

(l) 

(i)  Notwithstanding Subsection (2), the commission shall provide the Office of Recovery Services within the Department of Health and Human Services any relevant information obtained from a return filed under Chapter 10, Individual Income Tax Act, regarding a taxpayer who has become obligated to the Office of Recovery Services.

(ii)  The information described in Subsection (4)(l)(i) may be provided by the Office of Recovery Services to any other state’s child support collection agency involved in enforcing that support obligation.

(m) 

(i)  Notwithstanding Subsection (2), upon request from the state court administrator, the commission shall provide to the state court administrator, the name, address, telephone number, county of residence, and social security number on resident returns filed under Chapter 10, Individual Income Tax Act.

(ii)  The state court administrator may use the information described in Subsection (4)(m)(i) only as a source list for the master jury list described in Section 78B-1-106.

(n) 

(i)  As used in this Subsection (4)(n):

(A)  “GO Utah office” means the Governor’s Office of Economic Opportunity created in Section 63N-1a-301.

(B)  “Income tax information” means information gained by the commission that is required to be attached to or included in a return filed with the commission under Chapter 7, Corporate Franchise and Income Taxes, or Chapter 10, Individual Income Tax Act.

(C)  “Other tax information” means information gained by the commission that is required to be attached to or included in a return filed with the commission except for a return filed under Chapter 7, Corporate Franchise and Income Taxes, or Chapter 10, Individual Income Tax Act.

(D)  “Tax information” means income tax information or other tax information.

(ii) 

(A)  Notwithstanding Subsection (2) and except as provided in Subsection (4)(n)(ii)(B) or (C), the commission shall at the request of the GO Utah office provide to the GO Utah office all income tax information.

(B)  For purposes of a request for income tax information made under Subsection (4)(n)(ii)(A), the GO Utah office may not request and the commission may not provide to the GO Utah office a person’s address, name, social security number, or taxpayer identification number.

(C)  In providing income tax information to the GO Utah office, the commission shall in all instances protect the privacy of a person as required by Subsection (4)(n)(ii)(B).

(iii) 

(A)  Notwithstanding Subsection (2) and except as provided in Subsection (4)(n)(iii)(B), the commission shall at the request of the GO Utah office provide to the GO Utah office other tax information.

(B)  Before providing other tax information to the GO Utah office, the commission shall redact or remove any name, address, social security number, or taxpayer identification number.

(iv)  The GO Utah office may provide tax information received from the commission in accordance with this Subsection (4)(n) only:

(A)  as a fiscal estimate, fiscal note information, or statistical information; and

(B)  if the tax information is classified to prevent the identification of a particular return.

(v) 

(A)  A person may not request tax information from the GO Utah office under Title 63G, Chapter 2, Government Records Access and Management Act, or this section, if the GO Utah office received the tax information from the commission in accordance with this Subsection (4)(n).

(B)  The GO Utah office may not provide to a person that requests tax information in accordance with Subsection (4)(n)(v)(A) any tax information other than the tax information the GO Utah office provides in accordance with Subsection (4)(n)(iv).

(o)  Notwithstanding Subsection (2), the commission may provide to the governing board of the agreement or a taxing official of another state, the District of Columbia, the United States, or a territory of the United States:

(i)  the following relating to an agreement sales and use tax:

(A)  information contained in a return filed with the commission;

(B)  information contained in a report filed with the commission;

(C)  a schedule related to Subsection (4)(o)(i)(A) or (B); or

(D)  a document filed with the commission; or

(ii)  a report of an audit or investigation made with respect to an agreement sales and use tax.

(p)  Notwithstanding Subsection (2), the commission may provide information concerning a taxpayer’s state income tax return or state income tax withholding information to the Driver License Division if the Driver License Division:

(i)  requests the information; and

(ii)  provides the commission with a signed release form from the taxpayer allowing the Driver License Division access to the information.

(q)  Notwithstanding Subsection (2), the commission shall provide to the Utah Communications Authority, or a division of the Utah Communications Authority, the information requested by the authority under Sections 63H-7a-302, 63H-7a-402, and 63H-7a-502.

(r)  Notwithstanding Subsection (2), the commission shall provide to the Utah Educational Savings Plan information related to a resident or nonresident individual’s contribution to a Utah Educational Savings Plan account as designated on the resident or nonresident’s individual income tax return as provided under Section 59-10-1313.

(s)  Notwithstanding Subsection (2), for the purpose of verifying eligibility under Sections 26B-3-106 and 26B-3-903, the commission shall provide an eligibility worker with the Department of Health and Human Services or its designee with the adjusted gross income of an individual if:

(i)  an eligibility worker with the Department of Health and Human Services or its designee requests the information from the commission; and

(ii)  the eligibility worker has complied with the identity verification and consent provisions of Sections 26B-3-106 and 26B-3-903.

(t)  Notwithstanding Subsection (2), the commission may provide to a county, as determined by the commission, information declared on an individual income tax return in accordance with Section 59-10-103.1 that relates to eligibility to claim a residential exemption authorized under Section 59-2-103.

(u)  Notwithstanding Subsection (2), the commission shall provide a report regarding any access line provider that is over 90 days delinquent in payment to the commission of amounts the access line provider owes under 4, to the board of the Utah Communications Authority created in Section 63H-7a-201.

(v)  Notwithstanding Subsection (2), the commission shall provide the Department of Environmental Quality a report on the amount of tax paid by a radioactive waste facility for the previous calendar year under Section 59-24-103.5.

(w)  Notwithstanding Subsection (2), the commission may, upon request, provide to the Department of Workforce Services any information received under 4, that is relevant to the duties of the Department of Workforce Services.

(x)  Notwithstanding Subsection (2), the commission may provide the Public Service Commission or the Division of Public Utilities information related to a seller that collects and remits to the commission a charge described in Subsection 69-2-405(2), including the seller’s identity and the number of charges described in Subsection 69-2-405(2) that the seller collects.

(y) 

(i)  Notwithstanding Subsection (2), the commission shall provide to each qualifying jurisdiction the collection data necessary to verify the revenue collected by the commission for a distributed tax, fee, or charge collected within the qualifying jurisdiction.

(ii)  In addition to the information provided under Subsection (4)(y)(i), the commission shall provide a qualifying jurisdiction with copies of returns and other information relating to a distributed tax, fee, or charge collected within the qualifying jurisdiction.

(iii) 

(A)  To obtain the information described in Subsection (4)(y)(ii), the chief executive officer or the chief executive officer’s designee of the qualifying jurisdiction shall submit a written request to the commission that states the specific information sought and how the qualifying jurisdiction intends to use the information.

(B)  The information described in Subsection (4)(y)(ii) is available only in official matters of the qualifying jurisdiction.

(iv)  Information that a qualifying jurisdiction receives in response to a request under this subsection is:

(A)  classified as a private record under Title 63G, Chapter 2, Government Records Access and Management Act; and

(B)  subject to the confidentiality requirements of this section.

(z)  Notwithstanding Subsection (2), the commission shall provide the Alcoholic Beverage Services Commission, upon request, with taxpayer status information related to state tax obligations necessary to comply with the requirements described in Section 32B-1-203.

(aa) 

(i)  As used in this Subsection (4)(aa), “unclaimed property administrator” means the administrator or the administrator’s agent, as those terms are defined in Section 67-4a-102.

(ii) 

(A)  Notwithstanding Subsection (2), upon request from the unclaimed property administrator and to the extent allowed under federal law, the commission shall provide the unclaimed property administrator the name, address, telephone number, county of residence, and social security number or federal employer identification number on any return filed under Chapter 7, Corporate Franchise and Income Taxes, or Chapter 10, Individual Income Tax Act.

(B)  The unclaimed property administrator may use the information described in Subsection (4)(aa)(ii)(A) only for the purpose of returning unclaimed property to the property’s owner in accordance with Title 67, Chapter 4a, Revised Uniform Unclaimed Property Act.

(iii)  The unclaimed property administrator is subject to the confidentiality provisions of this section with respect to any information the unclaimed property administrator receives under this Subsection (4)(aa).

(5) 

(a)  Each report and return shall be preserved for at least three years.

(b)  After the three-year period provided in Subsection (5)(a) the commission may destroy a report or return.

(6) 

(a)  Any individual who violates this section is guilty of a class A misdemeanor.

(b)  If the individual described in Subsection (6)(a) is an officer or employee of the state, the individual shall be dismissed from office and be disqualified from holding public office in this state for a period of five years thereafter.

(c)  Notwithstanding Subsection (6)(a) or (b), the GO Utah office, when requesting information in accordance with Subsection (4)(n)(iii), or an individual who requests information in accordance with Subsection (4)(n)(v):

(i)  is not guilty of a class A misdemeanor; and

(ii)  is not subject to:

(A)  dismissal from office in accordance with Subsection (6)(b); or

(B)  disqualification from holding public office in accordance with Subsection (6)(b).

(d)  Notwithstanding Subsection (6)(a) or (b), for a disclosure of information to the Office of the Legislative Auditor General in accordance with Title 36, Chapter 12, Legislative Organization, an individual described in Subsection (2):

(i)  is not guilty of a class A misdemeanor; and

(ii)  is not subject to:

(A)  dismissal from office in accordance with Subsection (6)(b); or

(B)  disqualification from holding public office in accordance with Subsection (6)(b).

(7)  Except as provided in Section 59-1-404, this part does not apply to the property tax.

Amended by Chapter 21, 2023 General Session
Amended by Chapter 86, 2023 General Session
Amended by Chapter 259, 2023 General Session
Amended by Chapter 329, 2023 General Session

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