reglab/housing_qa huggingface dataset:
UT Code § 59-1-1302 (2021)
2021 Utah Code|Title 59 - Revenue and Taxation|Chapter 1 - General Taxation Policies|Part 13 - Reportable Transactions Act|Section 1302 - Definitions.

59-1-1302. Definitions.    (1) "Gross income" is as defined in Section 61, Internal Revenue Code.     (2) "Income tax" means a tax imposed under:   (a)Chapter 7, Corporate Franchise and Income Taxes; or     (b)Chapter 10, Individual Income Tax Act.       (3) "Income tax return" means a return filed under:   (a)Chapter 7, Corporate Franchise and Income Taxes; or     (b)Chapter 10, Individual Income Tax Act.       (4) "Listed transaction" means a reportable transaction that is the same as, or substantially similar to, a transaction or arrangement specifically identified as a listed transaction by the:   (a) United States Secretary of the Treasury in written materials interpreting the requirements of Section 6011, Internal Revenue Code; or     (b) commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.       (5) "Material advisor" is as defined in Section 6111, Internal Revenue Code.     (6) "Reportable transaction" means a transaction or arrangement that:   (a) is carried out through or invested in by one or more entities that:   (i) are organized in this state;     (ii) do business in this state;     (iii) derive gross income from sources within this state;     (iv) are subject to income tax; or     (v) are otherwise subject to the jurisdiction of this state; and       (b) is:   (i) a transaction or arrangement described in 26 C.F.R. Sec. 1.6011-4(b)(2) through (7); or     (ii) a reportable transaction as described by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.         (7) "Taxpayer" means a person that is required to file an income tax return.     (8) "Unitary group" is as defined in Section 59-7-101.    Amended by Chapter 382, 2008 General Session
UT Code § 59-1-1304 (2021)
2021 Utah Code|Title 59 - Revenue and Taxation|Chapter 1 - General Taxation Policies|Part 13 - Reportable Transactions Act|Section 1304 - Penalty for taxpayer failure to disclose a reportable transaction.

59-1-1304. Penalty for taxpayer failure to disclose a reportable transaction.    (1)   (a) Except as provided in Subsection (1)(b), a taxpayer that fails to disclose a reportable transaction as required by Section 59-1-1303 is subject to a penalty of $15,000.     (b) A taxpayer that fails to disclose a listed transaction as required by Section 59-1-1303 is subject to a penalty of $30,000.       (2) A penalty imposed by this section is in addition to any other penalty imposed by this title.    Enacted by Chapter 237, 2006 General Session
UT Code § 59-1-1305 (2021)
2021 Utah Code|Title 59 - Revenue and Taxation|Chapter 1 - General Taxation Policies|Part 13 - Reportable Transactions Act|Section 1305 - Penalty for taxpayer underpayment of tax attributable to a reportable transaction.

59-1-1305. Penalty for taxpayer underpayment of tax attributable to a reportable transaction.    (1) If the underpayment of a tax by a taxpayer is attributable to a reportable transaction, the taxpayer is subject to a penalty that is equal to the product of:   (a) 10%; and     (b) the amount of the tax underpayment attributable to the reportable transaction.       (2) If a taxpayer amends an income tax return to change the tax treatment of a reportable transaction after the day on which the commission contacts the taxpayer regarding the examination of the income tax return, that change in the tax treatment of the reportable transaction contained in the amended income tax return may not be considered in determining a tax underpayment under this section.     (3) A penalty imposed by this section is in addition to any other penalty imposed by this title.    Enacted by Chapter 237, 2006 General Session
UT Code § 59-1-1306 (2021)
2021 Utah Code|Title 59 - Revenue and Taxation|Chapter 1 - General Taxation Policies|Part 13 - Reportable Transactions Act|Section 1306 - Material advisor disclosure of reportable transactions.

59-1-1306. Material advisor disclosure of reportable transactions.    (1)   (a) A material advisor shall disclose a reportable transaction to the commission on a form provided by the commission.     (b) The disclosure described in Subsection (1)(a):   (i) shall include information:   (A) identifying and describing the transaction; and     (B) describing any potential tax benefits expected to result from the transaction; and       (ii) may include information other than the information described in Subsection (1)(b)(i) as required by the commission.         (2) If a material advisor described in Subsection (1) is required to file a return disclosing a reportable transaction under Section 6111, Internal Revenue Code, the material advisor shall provide the commission a copy of that return.     (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules prescribing:   (a) the date a:   (i) disclosure required by Subsection (1) shall be filed with the commission; and     (ii) copy of a return required by Subsection (2) shall be filed with the commission;       (b) that only one person may be required to meet the requirements of Subsection (1) or (2) if two or more persons would otherwise be required to meet the requirements of Subsection (1) or (2); and     (c) exemptions from Subsection (1) or (2).      Amended by Chapter 382, 2008 General Session
UT Code § 59-1-1307 (2021)
2021 Utah Code|Title 59 - Revenue and Taxation|Chapter 1 - General Taxation Policies|Part 13 - Reportable Transactions Act|Section 1307 - Material advisor maintenance of list.

59-1-1307. Material advisor maintenance of list.    (1) For each reportable transaction, a material advisor shall maintain a list of the persons to which the material advisor provides material aid, assistance, or advice with respect to organizing, managing, promoting, selling, implementing, insuring, or carrying out a reportable transaction.     (2) The list described in Subsection (1) shall include:   (a) the name of each person described in Subsection (1) that is:   (i) a taxpayer;     (ii)   (A) a taxpayer; and     (B) a member of a unitary group; or       (iii)   (A) a taxpayer; and     (B) included in a federal consolidated return under Sections 1501 and 1504(b), Internal Revenue Code;         (b) the same information required to be contained in the list described in 26 C.F.R. Sec. 301.6112-1; and     (c) any additional information required by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.       (3) The list described in Subsection (1) shall be maintained in the same form and manner as the list described in 26 C.F.R. Sec. 301.6112-1.     (4) A material advisor required to maintain a list under Subsection (1) shall:   (a) make the list available to the commission upon written request by the commission; and     (b) retain the information that is required to be included on the list for seven years.       (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall make rules prescribing that only one person may be required to meet the requirements of this section if two or more persons would otherwise be required to meet the requirements of this section.    Amended by Chapter 382, 2008 General Session
UT Code § 59-1-1308 (2021)
2021 Utah Code|Title 59 - Revenue and Taxation|Chapter 1 - General Taxation Policies|Part 13 - Reportable Transactions Act|Section 1308 - Material advisor penalties.

59-1-1308. Material advisor penalties.    (1) The penalty for failure of a material advisor to disclose a reportable transaction as required by Section 59-1-1306 is $20,000.     (2) If a material advisor that is required to disclose a reportable transaction in accordance with Section 59-1-1306 provides false or incomplete information to the commission, the penalty is $20,000.     (3) If a material advisor that is required to maintain a list under Section 59-1-1307 fails to make that list available to the commission within a 20-day period after the day on which the commission mails a written request for that list, the material advisor is subject to a penalty of $10,000 for each day that the material advisor fails to make that list available to the commission after the expiration of the 20-day period.     (4) A penalty imposed by this section is in addition to any other penalty imposed by this title.    Enacted by Chapter 237, 2006 General Session
UT Code § 59-1-1309 (2021)
2021 Utah Code|Title 59 - Revenue and Taxation|Chapter 1 - General Taxation Policies|Part 13 - Reportable Transactions Act|Section 1309 - Penalty may be waived, reduced, or compromised for reasonable cause.

59-1-1309. Penalty may be waived, reduced, or compromised for reasonable cause.  Upon making a record of its actions, and upon reasonable cause shown, the commission may waive, reduce, or compromise a penalty imposed by this part.  Enacted by Chapter 237, 2006 General Session
UT Code § 59-1-1401 (2021)
2021 Utah Code|Title 59 - Revenue and Taxation|Chapter 1 - General Taxation Policies|Part 14 - Assessment, Collections, and Refunds Act|Section 1401 - Title.

59-1-1401. Title.  This part is known as the "Assessment, Collections, and Refunds Act."  Enacted by Chapter 212, 2009 General Session
UT Code § 59-1-1402.1 (2021)
2021 Utah Code|Title 59 - Revenue and Taxation|Chapter 1 - General Taxation Policies|Part 14 - Assessment, Collections, and Refunds Act|Section 1402.1 - Exceptions to applicability of this part.

59-1-1402.1. Exceptions to applicability of this part.  This part does not apply to:   (1)Chapter 2, Property Tax Act;     (2)Chapter 3, Tax Equivalent Property Act; or     (3)Chapter 4, Privilege Tax.    Enacted by Chapter 52, 2011 General Session
UT Code § 59-1-1403 (2021)
2021 Utah Code|Title 59 - Revenue and Taxation|Chapter 1 - General Taxation Policies|Part 14 - Assessment, Collections, and Refunds Act|Section 1403 - Commission to collect a tax, fee, or charge -- Receipt for tax, fee, or charge paid -- Additional remedies -- Collection agents and counsel -- Action by attorney general or county attorney -- Commission rulemaking authority.

59-1-1403. Commission to collect a tax, fee, or charge -- Receipt for tax, fee, or charge paid -- Additional remedies -- Collection agents and counsel -- Action by attorney general or county attorney -- Commission rulemaking authority.    (1) Except as otherwise provided in this title, the commission shall collect a tax, fee, or charge.     (2) The commission may designate an agent to collect a tax, fee, or charge.     (3) The commission shall, upon request, give a receipt for a tax, fee, or charge the commission collects.     (4)   (a) A remedy provided in this part is in addition to other existing remedies.     (b) An action taken by the commission may not be construed to be an election on the part of the state or an officer of the state to pursue a remedy under this part to the exclusion of another remedy.       (5) The commission may:   (a) retain counsel for the purpose of collecting an amount the commission assesses against a person who is not a resident of this state;     (b) establish the compensation of an agent described in Subsection (2) or counsel described in Subsection (5)(a) to be paid out of money appropriated or otherwise lawfully available for payment to the agent or counsel; and     (c) require a bond or other security for an agent described in Subsection (2) or counsel described in Subsection (5)(a) in a form and amount the commission considers appropriate.       (6)   (a) The commission shall represent the state in a matter pertaining to the collection of a tax, fee, or charge.     (b) The commission may institute a proceeding to enforce a judgment allowing for the collection of a liability in the district court of a county in which is located a portion of property against which collection is sought.     (c) For purposes of Subsection (6)(b), the commission may request that the following assist the commission:   (i) the attorney general; or     (ii) a county attorney.         (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may by rule establish a collection procedure:   (a) in addition to the methods of collecting a liability provided in this title;     (b) that is consistent with this part;     (c) that uses a return, warrant, or other reasonable document or method; and     (d) that is necessary in collecting a liability.      Enacted by Chapter 212, 2009 General Session
UT Code § 59-1-1404 (2021)
2021 Utah Code|Title 59 - Revenue and Taxation|Chapter 1 - General Taxation Policies|Part 14 - Assessment, Collections, and Refunds Act|Section 1404 - Definition -- Mailing procedures -- Rulemaking authority -- Commission mailing requirements.

59-1-1404. Definition -- Mailing procedures -- Rulemaking authority -- Commission mailing requirements.    (1) As used in this section, "Section 7502, Internal Revenue Code" means:   (a) Section 7502, Internal Revenue Code, in effect for the taxable year; or     (b) a corresponding or comparable provision to Section 7502, Internal Revenue Code, as amended, redesignated, or reenacted.       (2) If the commission or a person is required to mail a document under this part:   (a) the commission or the person shall mail the document using:   (i) the United States Postal Service; or     (ii) a delivery service the commission describes or designates in accordance with any rules the commission makes as authorized by Subsection (3); and       (b) the document is considered to be mailed:   (i) for a document that is mailed using the method described in Subsection (2)(a)(i), on the date the document is postmarked; or     (ii) for a document that is mailed using the method described in Subsection (2)(a)(ii), on the date the delivery service records or marks the document as having been received by the delivery service for delivery in accordance with any rules the commission makes as authorized by Subsection (3).         (3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules:   (a) describing or designating one or more delivery services the commission or a person may use to mail a document under this part if a delivery service the commission describes or specifies is consistent with the definition of "designated delivery service" in Section 7502, Internal Revenue Code; or     (b) providing procedures or requirements for determining the date a delivery service records or marks a document as having been received by the delivery service for delivery if those rules are consistent with Section 7502, Internal Revenue Code.       (4) Subject to Subsection (5), if the commission is required to mail a notice to a person under this part, the commission shall mail the notice to the person at the person's last-known address as shown on the records of the commission.     (5) In the case of a joint return filed by a husband and wife under Chapter 10, Individual Income Tax Act, if the commission is notified in writing by either spouse that separate residences have been established, the commission shall mail a duplicate of the joint notice to each spouse at each spouse's last-known address.    Enacted by Chapter 212, 2009 General Session
UT Code § 59-1-1405 (2021)
2021 Utah Code|Title 59 - Revenue and Taxation|Chapter 1 - General Taxation Policies|Part 14 - Assessment, Collections, and Refunds Act|Section 1405 - Notice of deficiency -- Notice of assessment -- Amended return -- Exception.

59-1-1405. Notice of deficiency -- Notice of assessment -- Amended return -- Exception.    (1) Except as provided in Subsection (3) or (5), the commission shall mail a notice of deficiency to a person in accordance with Section 59-1-1404 if the commission finds there is:   (a) a deficiency in a tax, fee, or charge imposed; or     (b) an increase or decrease in a deficiency.       (2) A notice of deficiency described in Subsection (1) shall contain:   (a) the details of the deficiency; and     (b) the manner of computing the tax.       (3) If the commission estimates an amount of tax, fee, or charge due under Subsection 59-1-1406(2), the commission:   (a) shall mail a notice of deficiency:   (i) to the person for which the commission estimates the amount of tax, fee, or charge due; and     (ii) in accordance with Section 59-1-1404; or       (b) shall:   (i) mail a notice to the person for which the commission estimates the amount of tax, fee, or charge due:   (A) that the amount the commission estimates as a tax, fee, or charge is an assessment; and     (B) in accordance with Section 59-1-1404; and       (ii) provide in the notice described in Subsection (3)(b)(i) that if the person files an amended return within the time period provided in Section 59-1-1410, the commission shall replace the assessment with the amount shown on the person's amended return.         (4) If the commission mails notice to a person under Subsection (3)(b), the person may file an amended return within the period provided in Section 59-1-1410 to replace the assessment of tax.     (5) If the commission makes a jeopardy assessment under Part 7, Termination and Jeopardy Assessments Procedure:   (a) the commission is not required to mail a notice of deficiency described in Subsection (1) to the person against which the commission makes the jeopardy assessment; and     (b) the jeopardy assessment is subject to the procedures and requirements of Part 7, Termination and Jeopardy Assessments Procedure.      Enacted by Chapter 212, 2009 General Session
UT Code § 59-1-1406 (2021)
2021 Utah Code|Title 59 - Revenue and Taxation|Chapter 1 - General Taxation Policies|Part 14 - Assessment, Collections, and Refunds Act|Section 1406 - Record retention -- Commission estimates tax if person fails to file a return.

59-1-1406. Record retention -- Commission estimates tax if person fails to file a return.    (1) A person subject to a tax, fee, or charge shall:   (a) keep in a form prescribed by the commission books and records that are necessary to determine the amount of a tax, fee, or charge the person owes;     (b) keep books and records described in Subsection (1)(a) for the time period during which an assessment may be made under Section 59-1-1408; and     (c) open the person's books and records for examination at any time by:   (i) the commission; or     (ii) an agent or representative the commission designates.         (2)   (a) If a person required to file a return with the commission fails to file the return with the commission, the commission may estimate the tax, fee, or charge due from the best information or knowledge the commission can obtain.     (b) An estimate the commission makes under Subsection (2)(a) is considered to be a return filed on the date the commission makes the estimate.       (3) For the purpose of ascertaining the correctness of a return or for estimating a tax, fee, or charge due in accordance with Subsection (2)(a), the commission may:   (a) examine the books and records bearing upon the matter required to be included in a return;     (b) authorize an agent or representative designated by the commission to examine the books and records bearing upon the matter required to be included in a return;     (c) require the attendance of:   (i) an officer or employee of a person required to make a return; or     (ii) a person having knowledge of a pertinent fact;       (d) take testimony; or     (e) require any other necessary information.      Enacted by Chapter 212, 2009 General Session
UT Code § 59-1-1407 (2021)
2021 Utah Code|Title 59 - Revenue and Taxation|Chapter 1 - General Taxation Policies|Part 14 - Assessment, Collections, and Refunds Act|Section 1407 - Mathematical errors.

59-1-1407. Mathematical errors.    (1) The commission shall correct a mathematical error.     (2) The commission shall provide notice to a person if:   (a) because of a mathematical error appearing on a return, an amount of tax, fee, or charge in excess of that shown upon the return is due; and     (b) an assessment of the amount of tax, fee, or charge is or will be made on the basis of what would have been the correct amount of tax, fee, or charge but for the mathematical error.       (3) The notice required by Subsection (2):   (a) shall describe the mathematical error; and     (b) is not considered to be a notice of deficiency.       (4) For purposes of Subsection (2):   (a) there is no restriction upon the assessment and collection of an amount of tax, fee, or charge described in Subsection (2); and     (b) the person described in Subsection (2) does not have a right to:   (i) file a petition to the commission on the basis of a notice provided under Subsection (2); or     (ii) apply for review by a district court or the Utah Supreme Court of the determination of a mathematical error by the commission.        Enacted by Chapter 212, 2009 General Session
UT Code § 59-1-1408 (2021)
2021 Utah Code|Title 59 - Revenue and Taxation|Chapter 1 - General Taxation Policies|Part 14 - Assessment, Collections, and Refunds Act|Section 1408 - Assessments.

59-1-1408. Assessments.    (1) Except as provided in Subsections (2) through (4), an assessment is made on the date a liability is posted to the records of the commission.     (2) Except as provided in Subsection (4), for purposes of a liability for which the commission mails a notice of deficiency to a person in accordance with Section 59-1-1405, an assessment is made:   (a) if a person has not filed a petition for redetermination of a deficiency under Section 59-1-501, on the date:   (i)   (A) 30 days after the day on which the commission mails the notice of deficiency to the person; or     (B) 90 days after the day on which the commission mails the notice of deficiency to the person if the notice is addressed to a person outside the United States or the District of Columbia; or       (ii) the person in writing:   (A) agrees with the commission on the existence and amount of the liability; and     (B) consents to the assessment of the liability; or         (b) if a person files a petition for redetermination of a deficiency under Section 59-1-501, on the date the liability resulting from a final commission decision is posted to the records of the commission.       (3) Except as provided in Subsection (4), for purposes of a notice of proposed penalty under Section 59-1-302 or Subsection 59-1-401(7), an assessment is made:   (a) if a person has not filed a petition for redetermination of a deficiency under Section 59-1-501, on the date:   (i)   (A) 30 days after the day on which the commission mails the notice of proposed penalty to the person; or     (B) 90 days after the day on which the commission mails the notice of proposed penalty to the person if the notice is addressed to a person outside the United States or the District of Columbia; or       (ii) the person in writing:   (A) agrees with the commission on the existence and amount of the liability; and     (B) consents to the assessment of the liability; or         (b) if a person files a petition for redetermination of a deficiency under Section 59-1-501, on the date the liability resulting from a final commission decision is posted to the records of the commission.       (4) In the case of interest under Section 59-1-402 that accrues to a tax, fee, or charge, an assessment is considered to have been made on the date the tax, fee, or charge is assessed.     (5) The commission may at any time within the time period prescribed for assessment under Section 59-1-1410, increase or decrease an assessment if the commission ascertains that the assessment is imperfect or incomplete in a material respect.    Enacted by Chapter 212, 2009 General Session