(1) In addition to Section 40-6-14, 59-5-108, 59-5-208, 59-11-110, 59-12-112, 59-13-302, or 59-13-311, if a person that owes a liability fails to pay that liability after the commission mails notice and demand under Section 59-1-1411, the amount of liability, plus any administrative cost, is a lien in favor of the state upon all property and rights to property, whether real or personal, belonging to that person.

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Terms Used In Utah Code 59-1-1413

  • Administrative cost: means a fee imposed to cover:
         (1)(a) the cost of filing;
         (1)(b) the cost of administering a garnishment;
         (1)(c) the amount the commission pays to a depository institution in accordance with Part 17, Depository Institution Data Match System and Levy Act; or
         (1)(d) a cost similar to Subsections (1)(a) through (c) as determined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 59-1-1402
  • Liability: means the following that a person is required to remit to the commission:
         (5)(a) a tax, fee, or charge;
         (5)(b) an addition to a tax, fee, or charge;
         (5)(c) an administrative cost;
         (5)(d) interest that accrues in accordance with Section 59-1-402; or
         (5)(e) a penalty that accrues in accordance with Section 59-1-401. See Utah Code 59-1-1402
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See 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
(2) Unless another date is specifically established by law, the lien imposed by this section:

     (2)(a) arises at the time the commission makes the assessment of the tax, fee, or charge that is part of the liability; and
     (2)(b) continues until the liability and administrative costs described in Subsection (1), or a judgment against the person arising from that liability and administrative costs:

          (2)(b)(i) is satisfied; or
          (2)(b)(ii) is unenforceable because the time period described in Subsection 59-1-1414(8) has elapsed.