| (1) |
Terms Used In Utah Code 59-5-114
| (a) |
Except as provided in Subsections (1)(c) through (f), the commission shall assess the amount of taxes imposed under this part, and any penalties and interest, within six years after a taxpayer files a return. |
| (b) |
Except as provided in Subsections (1)(c) through (f), if the commission does not make an assessment under Subsection (1)(a) within six years, the commission may not commence a proceeding for the collection of the taxes after the expiration of the six-year period. |
| (c) |
Notwithstanding Subsections (1)(a) and (b), the commission may make an assessment or commence a proceeding to collect a tax at any time if a deficiency is due to:
| (ii) |
failure to file a return. |
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| (d) |
Notwithstanding Subsections (1)(a) and (b), beginning on July 1, 1998, the commission may extend the period to make an assessment or to commence a proceeding to collect the tax under this part if:
| (i) |
the six-year period under this Subsection (1) has not expired; and |
| (ii) |
the commission and the taxpayer sign a written agreement:
| (A) |
authorizing the extension; and |
| (B) |
providing for the length of the extension. |
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| (e) |
If the commission delays an audit at the request of a taxpayer, the commission may make an assessment as provided in Subsection (1)(f) if:
| (i) |
the taxpayer subsequently refuses to agree to an extension request by the commission; and |
| (ii) |
the six-year period under this Subsection (1) expires before the commission completes the audit. |
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| (f) |
An assessment under Subsection (1)(e) shall be:
| (i) |
for the time period for which the commission could not make an assessment because of the expiration of the six-year period; and |
| (ii) |
in an amount equal to the difference between:
| (A) |
the commission’s estimate of the amount of taxes the taxpayer would have been assessed for the time period described in Subsection (1)(f)(i); and |
| (B) |
the amount of taxes the taxpayer actually paid for the time period described in Subsection (1)(f)(i). |
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| (2) |
| (a) |
Except as provided in Subsection (2)(b), the commission may not make a credit or refund unless the taxpayer files a claim with the commission within six years of the date of overpayment. |
| (b) |
Notwithstanding Subsection (2)(a), beginning on July 1, 1998, the commission shall extend the period for a taxpayer to file a claim under Subsection (2)(a) if:
| (i) |
the six-year period under Subsection (2)(a) has not expired; and |
| (ii) |
the commission and the taxpayer sign a written agreement:
| (A) |
authorizing the extension; and |
| (B) |
providing for the length of the extension. |
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Amended by Chapter 299, 1998 General Session
