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In navigating the complexities of tax compliance, individuals and businesses in Utah might find themselves facing penalties or interest due to delayed or non-compliance with tax obligations. To address these situations, the Utah State Tax Commission provides a structured mechanism for seeking waivers or reductions in penalties or interest through a specific form, articulated on their official website (tax.utah.gov). This form outlines the criteria under which the Commission may consider waiving or reducing penalties and interest, namely reasonable cause as per Utah Code §59-1-401(14) and Tax Commission Rule R861-1A-42. Such reasons include, but are not limited to, delayed mail, incorrect filing locations, unexpected severe illnesses, and natural disasters, among others. Detailed steps guide the taxpayer on how to request this consideration either online or through written applications, emphasizing the necessity of substantiating documentation and a full payment of the underlying tax owed. Moreover, it clarifies that the request may hinge on the Tax Commission's review of the taxpayer's compliance history and the uniqueness of each case, pointing out that ignorance of law or forgetfulness often does not constitute a reasonable cause. This process, while offering a potential reprieve for those who have encountered legitimate obstacles, underscores the importance of adherence to tax laws and the proactive engagement with the Tax Commission in instances of genuine difficulty.

Phone Number For Utah State Tax Commission Example

tax.utah.gov

Waivers

Reasonable Cause

Utah State Tax Commission

210 North 1950 West

Salt Lake City, Utah 84134 801-297-6299

1-800-662-4335, ext. 6299 Fax: 801-297-6358 tax.utah.gov waivers@utah.gov

General Information

The Tax Commission may waive or reduce penalties or inter- est for reasonable cause. See Utah Code §59-1-401(14) and Tax Commission Rule R861-1A-42.

You may request a waiver online or by filing a written applica- tion with supporting documentation. You must show a good reason why the Tax Commission should waive or reduce any penalties or interest.

You have a right to appeal if we deny your request. See Administrative Procedures Act (Utah Code §63-46b-3) and Tax Commission Administrative Rules (Utah Administrative Code) for more information.

Waiver Procedures

We will consider a request for waiver of any penalties or interest when:

you request a waiver online (see below) or by email, or provide a signed waiver request with supporting docu- mentation,

the total tax owed for the period(s) has been paid,

the tax liability is based on a return you filed with the Tax Commission (not on an estimate), and

you have not already received a waiver review for the same period(s).

When we receive the waiver request, we will:

review the request;

notify you if we need more documentation; and

review the account history for prior waiver requests, taxpayer deficiencies, and evidence for your claim.

It is harder to get interest waived than penalties because you must prove the Tax Commission gave you incorrect information or made an error that caused you to file or pay late.

PUBLICATION 17

REVISED 2/18

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.

Online Request

(only for tax types available through TAP)

You can request a waiver online through Taxpayer Access Point (TAP). After accessing TAP follow these steps:

1.Go to TAP.utah.gov. Businesses must login.

2.Click Request Payment Plan or Waiver.

3.Select P&I Waiver.

4.Choose the tax account and follow the instructions.

Reasonable Cause

We may find a reasonable cause to waive penalties if you can prove any of the following:

A.Timely Mailing: You mailed your return and payment by the due date but the post office did not deliver it on time. (You must provide documentation).

If you cannot document a post office error, we may waive the penalties if you can show:

1.an excellent history of compliance;

2.sufficient funds were in the bank on the date of payment

3.the check was written in numerical order; and

4.any proof that the return or payment was mailed timely.

B.Wrong Filing Place: The return or payment was filed on time, but was delivered to the wrong office or agency.

C.Death or Serious Illness: The taxpayer’s death or serious illness (or that of an immediate family member) caused the delay. This also applies to a business, trust or estate, if the individual (or an immediate family member) had sole authority to file the return. The death or illness must have occurred on or immediately before the return due date.

D.Unavoidable Absence: The person with sole respon- sibility to file the return was out of state due to circum- stances beyond his or her control.

E.Disaster Relief: A federal or state-declared disaster or natural disaster, such as fire or accident, destroyed records or disrupted business. Federal relief guidelines must be followed for a federally-declared disaster. For other disasters, you must show the matter was corrected in a reasonable time, given the circumstances.

F.Reliance on Erroneous Tax Commission Information: You received incorrect advice from the Tax Commission that led to the underpayment, late payment or late filing. This does not apply if you gave the Commission inac- curate or incomplete information. Proof may be based on written communication from the Tax Commission or verbal communication (include dates, times and names of Commission employees who provided the information). We may excuse a failure to comply if you can prove you requested the necessary tax forms timely but the Tax Commission did not provide them timely.

G.Tax Commission Office Visit: You visited a Tax Com- mission office for information or help in preparing the re- turn before the due date, but Tax Commission employees were not there during Tax Commission business hours to help you.

H.Unobtainable Records: You were not able to get re- cords to determine the tax due, for reasons beyond your control.

I.Reliance on Competent Tax Advisor: You gave all your tax information to a competent tax advisor who gave you incorrect advice, failed to file a timely return on your behalf, or failed to make a timely payment on your behalf.

You must file returns. Relying on a tax advisor to prepare a return does not automatically create reasonable cause for failure to file or pay. You must give a tax advisor your tax information before a return’s due date. You must show you used normal care and diligence when you decided whether to seek further advice.

J.First Time Filer: You were late in filing the first return you were required to file, but paid the tax within a reasonable time. The Tax Commission may also waive penalties on the first return after a filing period change if you filed and paid in a reasonable time.

K.Bank Error: Your bank made an error in returning a check, making a deposit or transferring money. Provide a letter from your bank explaining the error.

L.Employee Embezzlement: An employee(s) embezzled tax funds and you couldn’t get funds from any other source.

M.Recent Tax Law Change: You didn’t file or pay because you were not aware of a recent tax law change. You must prove you could not be expected to know of the change.

The Tax Commission considers your recent account history when we decide whether or not to waive a penalty. We also consider whether other tax returns or reports are overdue when you request the waiver.

Other factors may affect whether we find reasonable cause. These include:

whether the Tax Commission had to take legal means to collect the taxes

whether you caught and corrected your own error(s)

the length of time between the event and the filing date

typographical or other written errors, and

other clearly supported extraordinary reasons for filing or paying late which show reasonable cause and an inability to comply.

In most cases, ignorance of the law, carelessness or for- getfulness does not create reasonable cause. Intentional disregard, evasion or fraud does not constitute reasonable cause under any circumstance.

Each case is judged on its individual merits.

Pass-Through Entity

Waiver Request

A pass-through entity that must withhold tax on partners/ members or shareholders (pass-through entity taxpayers) may request a waiver for the withholding tax and any associ- ated penalty and interest if:

the pass-through entity did not withhold and pay the tax, and

the pass-through entity can show that pass-through entity taxpayer(s) filed and paid tax on the Utah income by the pass-through entity’s return due date, including extensions

The waiver request must include all pass-through entity taxpayers’ names and identification numbers. Also include a statement that all pass-through entity taxpayers have filed and paid the tax by the required date.

See Utah Code §59-10-1403.2(5).

This publication is to be used as a guideline only, and does not reflect the complete

standards for waiver of penalty and/or interest.

17

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Document Specifics

# Fact
1 The Utah State Tax Commission's contact address is 210 North 1950 West, Salt Lake City, Utah, 84134.
2 For inquiries or requests, individuals can contact the Tax Commission via phone at 801-297-6299 or toll-free at 1-800-662-4335, ext. 6299.
3 Fax communications can be sent to the Tax Commission at 801-297-6358.
4 Email correspondence regarding waivers can be directed to waivers@utah.gov.
5 Requests for waivers due to reasonable causes can be submitted online or via written application with supporting documentation.
6 The legislation governing the waiver process includes Utah Code §59-1-401(14) and Tax Commission Rule R861-1A-42.
7 Online waiver requests can be submitted through Taxpayer Access Point (TAP) for specific tax types.
8 Various reasons, such as timely mailing, death or serious illness, and reliance on erroneous Tax Commission information, can be considered reasonable causes for waiver requests.
9 Pass-through entities may request a waiver for withholding tax and associated penalties and interest under certain conditions, as stipulated by Utah Code §59-10-1403.2(5).
10 Accommodations under the Americans with Disabilities Act can be requested via taxada@utah.gov, or by calling 801-297-3811 or TDD 801-297-2020.

Guide to Writing Phone Number For Utah State Tax Commission

Filling out the Phone Number For Utah State Tax Commission form is a critical step in requesting a waiver for penalties or interest on your taxes due to reasonable causes. The process can seem daunting, but breaking it down into manageable steps makes it much easier. Each step is vital to ensure your request is processed smoothly and efficiently. Remember, having all the necessary information and documents at hand before you start can save you time and effort.

  1. Visit tax.utah.gov for general information and to understand the circumstances under which the Tax Commission may waive or reduce penalties or interest.
  2. If you meet the criteria, choose your method of request: online through Taxpayer Access Point (TAP) for specific tax types or by filing a written application via email to wavers@utah.gov or through fax at 801-297-6358.
  3. To request a waiver online, go to TAP.utah.gov. After logging in, click on "Request Payment Plan or Waiver," select "P&I Waiver," then choose the tax account and follow the on-screen instructions.
  4. For email or fax applications, clearly state your case for a waiver, providing all necessary documentation that supports your reason for a penalty or interest waiver. Include any relevant details such as dates, times, names of commission employees contacted, or specific circumstances leading to the request.
  5. Make sure your tax liability for the period(s) in question has been fully paid, as this is a prerequisite for waiver consideration.
  6. Ensure that the liability is based on a return you filed with the Tax Commission and not on an estimate.
  7. Confirm you have not previously received a waiver for the same period(s); only one review is allowed.
  8. After submitting your waiver request, wait for the Tax Commission to review it. Be prepared to provide additional documentation if requested.
  9. Remember to check for any follow-ups from the Tax Commission and respond promptly to inquiries or requests for more information.

The Tax Commission carefully reviews each request on its individual merits, considering your compliance history, the reasons for your inability to pay or file on time, and any steps you've taken to rectify the situation. Given the complexity and individual nature of each case, patience and thoroughness in your application are key.

Understanding Phone Number For Utah State Tax Commission

  1. How can I request a waiver for penalties or interest from the Utah State Tax Commission?

    To request a waiver for penalties or interest, you may either file your petition online or send a written application with supporting documentation to the Utah State Tax Commission. The application should clearly detail the reasons why you believe the penalties or interest should be waived or reduced. It's important that the total tax due for the relevant periods is fully paid, the liability is based on a return filed with the Commission (not an estimate), and a waiver review for the same period has not been previously granted. Online requests can be made through the Taxpayer Access Point (TAP) by visiting TAP.utah.gov, logging in, selecting "Request Payment Plan or Waiver," and then choosing "P&I Waiver."

  2. What are some valid reasons for the Utah State Tax Commission to consider waiving penalties or interest?

    The Commission may waive or reduce penalties for several reasons, including but not limited to timely mailing, wrong filing place, death or serious illness, unavoidable absence, disaster relief, reliance on erroneous Tax Commission information, and bank errors. For instance, if an immediate family member's death or serious illness caused a delay, or if a disaster prevented an on-time filing or payment. Interest waivers are more challenging and typically require proving that the Commission provided incorrect information or made errors that led to the delay.

  3. What documentation is required for a penalty or interest waiver request due to mailing issues?

    For issues related to timely mailing, providing evidence of the mailing date is necessary. Documentation may include post office receipts or other proof of when the return or payment was mailed. If you cannot provide such evidence but have an excellent history of compliance and sufficient bank funds on the payment date, your penalties may still be waived. Additionally, showing the payment was in numerical check order and any proof of timely mailing can be helpful.

  4. Can reliance on a tax advisor be considered a reasonable cause for penalty waiver?

    Yes, if you provided all necessary tax information to a competent tax advisor who then gave incorrect advice, failed to file a return, or make a payment on your behalf, the Commission might consider this as a reasonable cause. However, it's essential to show that you acted with normal care and diligence by providing your tax information before the due date and sought further advice when necessary. Simply relying on a tax advisor does not automatically exempt you from the obligation to file or pay taxes on time.

  5. What if I made an effort to comply but was still late in filing or paying?

    The Tax Commission recognizes various factors that might prevent timely compliance, including legal actions taken by the Commission to collect taxes, self-corrected errors before detection, and other compelling extraordinary circumstances. However, ignorance of tax laws, carelessness, forgetfulness, or intentional disregard do not constitute reasonable cause. Each situation is evaluated on its individual merits, considering the taxpayer's history and efforts to comply with tax obligations.

Common mistakes

When individuals attempt to fill out the form for requesting a waiver from the Utah State Tax Commission, they often make a variety of mistakes. These errors can delay the process or result in a denied request. Here are nine common mistakes to avoid:

  1. Not providing sufficient documentation to support the waiver request. Detailed evidence is crucial for a thorough review.

  2. Failing to pay the total tax owed for the period(s) in question before submitting a waiver request. This is a prerequisite for consideration.

  3. Requesting a waiver for a tax liability that is based on an estimate rather than a return filed with the Tax Commission. Only filed returns are eligible.

  4. Submitting a request for a period that has already been reviewed for a waiver. Duplicate requests for the same period will not be processed.

  5. Neglecting the online request option for eligible tax types through the Taxpayer Access Point (TAP), which might streamline the process.

  6. Not adhering to the specific criteria for reasonable cause, such as timely mailing or death/serious illness, without providing adequate proof.

  7. Misunderstanding the requirement for interest waiver requests, where it's necessary to demonstrate that incorrect information or error by the Tax Commission led to a late filing or payment.

  8. Forgetting to include names and identification numbers of all pass-through entity taxpayers when requesting a waiver for withholding tax.

  9. Assuming that ignorance of the law, carelessness, or forgetfulness constitutes a reasonable cause. These reasons generally do not meet the criteria for waiver eligibility.

Each of these errors can significantly impact the outcome of a waiver request. By carefully preparing the request and ensuring all criteria and documentation requirements are met, individuals can increase their chances of a favorable review by the Utah State Tax Commission.

Documents used along the form

When dealing with the Utah State Tax Commission, particularly for matters related to waivers for penalties or interest, several documents and forms beyond the Phone Number and General Information about waivers could be necessary. Understanding these associated documents helps streamline the process, ensuring that all requests and appeals are thoroughly prepared and submitted.

  • TC-40, Utah Individual Income Tax Return: Essential for taxpayers looking to correct or update their income tax filing. This form is often referenced in waiver requests if the appeal involves discrepancies or amendments to previously filed income taxes.
  • TC-941, Utah Withholding Tax Return: Necessary for businesses that are correcting or reporting on withheld tax amounts from employees. This could be linked to waiver requests if there were errors or necessary adjustments in the withholding amounts reported to the Tax Commission.
  • TC-546, Individual Income Tax Prepayment Coupon: Used by individuals to make prepayments on expected tax dues. In the context of waivers, it may show good faith efforts to comply with tax obligations before deadlines.
  • TC-69, Utah State Business and Tax Registration: Required for starting a new business or changing the tax status. For waiver applications, this might be needed if the request relates to penalties or interest incurred during the establishment or modification of a business.
  • R865-9I-21, Petition for Redetermination: Used to formally dispute tax decisions, including penalty and interest assessments. This form is a key step in the appeals process if a waiver is denied.
  • Power of Attorney and Declaration of Representative (TC-737): Authorizes a representative to handle tax matters on someone's behalf. This is crucial for waiver requests or appeals being managed by accountants or legal representatives.
  • TC-62S, Sales and Use Tax Return: For businesses to report sales tax. It is relevant to waiver requests when there are discrepancies or updates needed for sales and use tax filings that may impact penalty or interest assessments.

Each document has its specific role in the broader context of managing and appealing tax responsibilities with the Utah State Tax Commission. Understanding how and when to use these forms ensures that individuals and businesses can navigate tax issues effectively, potentially minimizing any penalties or interest due to errors, adjustments, or extenuating circumstances. Being well-informed and prepared with the right documentation can significantly impact the outcome of waiver requests and appeals.

Similar forms

The IRS Form 843 "Claim for Refund and Request for Abatement" is one document that shares similarities with the "Phone Number For Utah State Tax Commission" document, particularly in the aspect of requesting a waiver for penalties and interests. IRS Form 843 allows taxpayers to request a refund or ask the IRS to abate (reduce or eliminate) certain taxes, penalties, or interest. Like the Utah form, taxpayers must provide a reasonable cause or explanation for why they believe the charges should be abated, often including supporting documentation.

The "Application for Extension of Time to File" forms, like the federal Form 4868 or its state counterparts, resemble the Utah document because they both deal with the timing and compliance aspects of tax filing. These extension forms do not eliminate a taxpayer's obligation to pay taxes on time but help avoid penalties for late filing. Although they serve a different primary function, the underlying principle of preventing unnecessary penalties links them to the waiver request process in Utah.

The "Request for Innocent Spouse Relief" (IRS Form 8857) also shows resemblance. This form is used when one spouse seeks relief from joint tax liability due to actions or inactions of their spouse or ex-spouse. While the context differs—seeking relief from liability versus seeking waivers for penalties—both documents involve appealing to a tax authority to reconsider a financial obligation based on specific, qualifying circumstances.

State-specific "Sales Tax Exemption" forms are similar in that they also require the applicant to present a case to the tax authority, demonstrating eligibility for a special consideration—in this case, exemption from sales tax. The process demands thorough explanation and sometimes documentation to justify the exemption, akin to providing reasonable cause for a penalty waiver.

The "Amended Tax Return" forms, such as the federal 1040-X and its state equivalents, share a procedural similarity. They are formal requests to make corrections to previously filed tax returns. Correcting errors through these forms can lead to adjustments in tax liability, penalties, and interest. This demonstrates the shared theme of rectifying issues to ensure fair tax treatment, paralleling the intent behind requesting penalty waivers for reasonable cause.

"Offer in Compromise" applications (such as the IRS Form 656) invite a striking parallel. These forms are used to negotiate a settlement for less than the total owed tax debt if paying the full amount would cause financial hardship. Like the Utah waiver document, they underscore negotiation with tax authorities based on specific, documented evidence of the taxpayer's inability to meet the original tax obligations.

The "Voluntary Disclosure" forms, utilized by individuals and businesses that wish to come forward about previously undeclared tax liabilities, similarly rely on the goodwill of the tax authority to potentially reduce penalties for late disclosure. This act, while inherently different in its initiation by the taxpayer, shares the essence of seeking more lenient treatment under certain conditions.

"Hardship Request" forms, used to request tax payment plans or delay collection actions due to financial hardship, reflect another semblance. They require detailed explanations of the taxpayer's financial situation, much like the need to articulate reasonable cause for waiving penalties and interest, focusing on alleviating undue financial burdens.

State and federal "Tax Lien Release" requests, which seek to remove liens placed on property due to unpaid taxes, also resonate with the principle observed in the Utah document. These forms necessitate a clear demonstration of resolution or significant effort toward settling the underlying tax debt, akin to justifying waiver requests for penalties because of reasonable cause.

Lastly, "Change of Address" forms for tax purposes, while administratively focused, share a procedural kinship. Updating address information promptly can prevent misunderstandings or miscommunications that lead to penalties or missed notices, indirectly relating to the preventative aspect of managing tax obligations and avoiding penalties, mirroring the foresight in requesting waivers when circumstances beyond control affect tax compliance.

Dos and Don'ts

When filling out the form for the Utah State Tax Commission, especially regarding phone numbers and the process for requesting waivers, it is crucial to follow guidelines that ensure the accuracy and completeness of your submission. Here are several dos and don'ts to consider:

  • Do ensure you have paid the total tax owed for the period(s) before submitting a waiver request. This is a prerequisite for consideration.
  • Do provide accurate and up-to-date contact information, including the correct phone numbers for faster communication.
  • Do submit all required supporting documentation alongside your waiver application to substantiate your claim for a waiver.
  • Do check that the tax liability is based on a return you filed with the Tax Commission and not on an estimate, as this affects eligibility.
  • Don't overlook the importance of reviewing your account history for prior waiver requests, taxpayer deficiencies, and evidence supporting your claim before contacting the Commission.
  • Don't request a waiver without ensuring you have a good reason that aligns with the Tax Commission's criteria for reasonable cause.
  • Don't hesitate to appeal if your request is denied; familiarize yourself with the Administrative Procedures Act and the Tax Commission Administrative Rules for guidance on appeals.
  • Don't submit incomplete forms or forget to follow up after submitting a request, especially if additional documentation is needed from your end.

Taking these steps seriously will improve the likelihood of your request being processed efficiently and potentially approved. Always remember to act promptly and keep detailed records of all correspondence and submissions to the Utah State Tax Commission.

Misconceptions

When it comes to navigating the Utah State Tax Commission's processes, especially regarding penalties and interest waivers, myths can complicate what should be a straightforward procedure. Let's debunk eight common misconceptions:

  1. Only big businesses can request waivers: This myth is far from the truth. Individuals, sole proprietors, small businesses, and large corporations alike have the right to request a waiver for penalties or interest due to reasonable causes.

  2. Waivers are automatically granted for first-time filers: While it's true that first-time filers may have a bit more leniency, there's no automatic waiver. Each request is evaluated on its specific circumstances and merits. The key factor is acting within a reasonable time.

  3. You can't appeal a denied waiver request: If your waiver request is denied, you're not at a dead end. You have the right to appeal, providing further documentation or clarifying your situation under the Administrative Procedures Act.

  4. Online requests are your only option: Though requesting a waiver online might be convenient for some tax types via Taxpayer Access Point (TAP), it's not the sole method. Waivers can also be requested via email or by submitting a written application along with supporting documentation.

  5. A penalty waiver also means an interest waiver: Securing a waiver for a penalty does not automatically mean interest will be waived too. Proving the Tax Commission's error or misinformation led to the late payment or filing is a steeper hill to climb for interest waivers.

  6. Paying your tax bill means you won’t face penalties or interest: Simply paying the tax you owe isn't enough to avoid penalties or interest automatically. These are considered separately, and waivers need to be requested explicitly with supporting reasons for consideration.

  7. Professional advice is a surefire reasonable cause: Relying on a tax advisor doesn’t inherently protect you from penalties or interest. You must demonstrate that you provided all necessary information timely to your advisor and that their advice led to the non-compliance.

  8. Ignorance or carelessness is a reasonable cause: Thinking that not knowing the law or forgetting a due date will absolve you of penalties or interest is a mistake. These excuses rarely, if ever, constitute reasonable cause. Intentional disregard or fraud definitely do not.

Understanding these misconceptions can save taxpayers time and stress. Whether you're seeking a waiver for penalties or interest, knowing the real ins and outs of the process ensures you're better prepared to make your case to the Utah State Tax Commission.

Key takeaways

When dealing with the Utah State Tax Commission form for requesting a waiver or reduction of penalties or interest, understanding the key takeaways ensures accurate and effective completion. These insights help navigate the process with clarity.

  • Requests for waiver or reduction can be submitted online or through a written application accompanied by supporting documentation, demonstrating a reasonable cause for the Tax Commission to consider waiving or reducing penalties or interest.

  • To be eligible for consideration, the applicant must have paid the total tax owed for the period(s) in question, and the request must be based on tax liabilities from a return filed with the Tax Commission, not on an estimate.

  • The Tax Commission will review the waiver request, potentially ask for additional documentation, and examine the account's history, including previous waiver requests and compliance.

  • A variety of circumstances qualify as reasonable cause for penalty waivers, including timely mailing, serious illness or death, unavoidable absence, reliance on erroneous Tax Commission information, and more, each requiring specific evidence or documentation.

  • Interest waivers are typically more challenging to obtain than penalties because it must be demonstrated that the Tax Commission’s error or incorrect information directly resulted in a late filing or payment.

  • Pass-through entities that fail to withhold tax can request a waiver for withholding tax, penalties, and interest if they prove that all pass-through taxpayers filed and paid tax on the Utah income by the due date, including extensions.

It’s essential to approach the waiver request process with detailed and accurate documentation to substantiate the reasonable cause claim. Missteps like ignorance of law or carelessness usually do not qualify as reasonable cause, highlighting the importance of diligence in managing tax responsibilities.

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