Utah Code 59-14-410. Action for collection of tax — Action for refund or credit of tax
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(1)
Terms Used In Utah Code 59-14-410
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
(1)(a) Except as provided in Subsections (2) through (5) , the commission shall assess a tax under this chapter within three years after a taxpayer files a return.
(1)(b) Except as provided in Subsections (2) through (5) , if the commission does not assess a tax under this chapter within the three-year period provided in Subsection (1)(a) , the commission may not commence a proceeding to collect the tax.
(2) The commission may assess a tax at any time if a taxpayer:
(2)(a) files a false or fraudulent return with intent to evade; or
(2)(b) does not file a return.
(3) The commission may extend the period to make an assessment or to commence a proceeding to collect the tax under this chapter if:
(3)(a) the three-year period under Subsection (1) has not expired; and
(3)(b) the commission and the taxpayer sign a written agreement:
(3)(b)(i) authorizing the extension; and
(3)(b)(ii) providing for the length of the extension.
(4) If the commission delays an audit at the request of a taxpayer, the commission may make an assessment as provided in Subsection (5) if:
(4)(a) the taxpayer subsequently refuses to agree to an extension request by the commission; and
(4)(b) the three-year period under Subsection (1) expires before the commission completes the audit.
(5) An assessment under Subsection (4) shall be:
(5)(a) for the time period for which the commission could not make an assessment because of the expiration of the three-year period; and
(5)(b) in an amount equal to the difference between:
(5)(b)(i) the commission’s estimate of the amount of tax the taxpayer would have been assessed for the time period described in Subsection (5)(a) ; and
(5)(b)(ii) the amount of tax the taxpayer actually paid for the time period described in Subsection (5)(a) .
(6)
(6)(a) Except as provided in Subsection (6)(b) , the commission may not make a credit or refund unless the taxpayer files a claim with the commission within three years of the date of overpayment.
(6)(b) The commission shall extend the period for a taxpayer to file a claim under Subsection (6)(a) if:
(6)(b)(i) the three-year period under Subsection (6)(a) has not expired; and
(6)(b)(ii) the commission and the taxpayer sign a written agreement:
(6)(b)(ii)(A) authorizing the extension; and
(6)(b)(ii)(B) providing for the length of the extension.