59-10-516.  Filing extension — Payment of tax — Penalty — Foreign residency.

(1) 

Terms Used In Utah Code 59-10-516

  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Partnership: includes a syndicate, group, pool, joint venture, or other unincorporated organization:
(A) through or by means of which any business, financial operation, or venture is carried on; and
(B) that is not, within the meaning of this chapter, a trust, an estate, or a corporation. See Utah Code 59-10-103
  • Pass-through entity: means the same as that term is defined in Section 59-10-1402. See Utah Code 59-10-103
  • Pass-through entity taxpayer: means the same as that term is defined in Section 59-10-1402. See Utah Code 59-10-103
  • Taxpayer: means any of the following that has income subject in whole or part to the tax imposed by this chapter:
    (i) an individual;
    (ii) an estate, a trust, or a beneficiary of an estate or a trust that is not a pass-through entity or a pass-through entity taxpayer;
    (iii) a pass-through entity; or
    (iv) a pass-through entity taxpayer. See Utah Code 59-10-103
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
    • (a)  The commission shall allow a taxpayer an extension of time for filing a return.

    (b)  Except as provided in Subsection (1)(c):

    (i)  for a return filed by a taxpayer except for a partnership, the extension described in Subsection (1)(a) may be up to six months; and

    (ii)  for a return filed by a partnership, the extension described in Subsection (1)(a) may be up to five months.

    (c)  For a taxable year beginning on or after January 1, 2019, but beginning on or before December 31, 2019, a taxpayer may receive an extension described in Subsection (1)(a) for the time period that ends on the last day of the extension to file the taxpayer’s federal income tax return.

    • (2)  The commission may not impose a penalty under Section 59-1-401 during the extension period described in Subsection (1) on:

    (a)  a pass-through entity, if the pass-through entity, on or before the return due date described in Section 59-10-514, pays or withholds the tax on behalf of a pass-through entity taxpayer; or

    (b)  a taxpayer other than a taxpayer described in Subsection (2)(a), if the taxpayer pays, on or before the return due date described in Section 59-10-514, an amount equal to the lesser of:

    (i)  90% of the total tax reported on the return for the current taxable year; or

    (ii)  100% of the total tax liability for the taxable year immediately preceding the current taxable year.

    (3)  If a taxpayer fails to meet the requirements of Subsection (2), the commission may apply to the total balance due a penalty as provided in Section 59-1-401.

    (4)  If a federal income tax return filing is lawfully delayed pending a determination of qualification for a federal tax exemption due to residency outside of the United States, a taxpayer shall file a return within 30 days after that determination is made.

    Amended by Chapter 367, 2021 General Session

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