reglab/statecodes huggingface dataset:
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 2 - Corporate Income Tax › Section 206 - Offsets against tax.

59-7-206.
Offsets against tax.
There shall be offset against the tax imposed by this part for any period the amount of any tax imposed on the taxpayer under Section 59-7-104 for the same period. In the event that taxes, interest, and penalties have been or shall be assessed against, paid by, or collected from a taxpayer under Section 59-7-201, which assessment, payment, or collection should have been made under Section 59-7-104, such taxes, interest, and penalties shall be considered as having been assessed, paid, or collected under Section 59-7-104 as of the dates they were made.
Amended by Chapter 169, 1993 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 2 - Corporate Income Tax › Section 207 - Corporations becoming subject to tax -- Assessment under other sections.

59-7-207.
Corporations becoming subject to tax -- Assessment under other sections.
If a corporation formerly subject to tax under Section 59-7-104 becomes subject to tax under this part, it shall file an information return for the income year in which the change occurs. The tax for the year in which the change occurs will be assessed under Section 59-7-104 and not under Section 59-7-201. For years subsequent to the year in which the change occurs, the tax will be assessed under Section 59-7-201.
Amended by Chapter 169, 1993 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 2 - Corporate Income Tax › Section 208 - Provisions followed for purposes of tax collected.

59-7-208.
Provisions followed for purposes of tax collected.
For the purposes of the taxes collected under this part, and interest and penalties arising in connection therewith, the provisions of Section 59-7-532 shall be followed.
Amended by Chapter 169, 1993 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 3 - Allocation and Apportionment of Income - Utah UDITPA Provisions › Section 303 - Apportionable income.

Effective 5/4/2022
59-7-303.
Apportionable income.
(1) Any taxpayer having income from business activity which is taxable both within and without this state shall allocate and apportion the taxpayer's adjusted income as provided in this part.
(2) Any taxpayer having income solely from business activity taxable within this state shall allocate or apportion the taxpayer's entire adjusted income to this state.
(3)
(a) Notwithstanding Subsections (1) and (2), for a taxable year beginning on or after January 1, 2022, a taxpayer may elect to treat all of the taxpayer's income from sales of intangible property as business income.
(b) A taxpayer shall make the election described in Subsection (3)(a) on or before the deadline for filing a return under an extension of time described in Section 59-7-505.
(c) An election under this Subsection (3) is irrevocable.
Amended by Chapter 228, 2022 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 3 - Allocation and Apportionment of Income - Utah UDITPA Provisions › Section 305 - When taxable in another state.

59-7-305.
When taxable in another state.
For purposes of allocation and apportionment of income under this part, a taxpayer is taxable in another state if:
(1) in that state the taxpayer is subject to a net income tax, a franchise tax measured by net income, a franchise tax for the privilege of doing business, or a corporate stock tax; or
(2) that state has jurisdiction to subject the taxpayer to a net income tax regardless of whether, in fact, the state does or does not.
Renumbered and Amended by Chapter 2, 1987 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 3 - Allocation and Apportionment of Income - Utah UDITPA Provisions › Section 306 - Allocation of certain nonbusiness income.

59-7-306.
Allocation of certain nonbusiness income.
Rents and royalties from real or tangible personal property, capital gains, interest, dividends, or patent or copyright royalties, to the extent that they constitute nonbusiness income, shall be allocated as provided in Sections 59-7-307 through 59-7-310.
Renumbered and Amended by Chapter 2, 1987 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 3 - Allocation and Apportionment of Income - Utah UDITPA Provisions › Section 307 - Allocation of rents and royalties.

59-7-307.
Allocation of rents and royalties.
(1) To the extent that the following constitute nonbusiness income:
(a) net rents and royalties from real property located in this state are allocable to this state; and
(b) net rents and royalties from tangible personal property are allocable to this state:
(i) if and to the extent that the property is utilized in this state; or
(ii) in their entirety if the taxpayer's commercial domicile is in this state and the taxpayer is not organized under the laws of or taxable in the state in which the property is utilized.
(2) The extent of utilization of tangible personal property in a state is determined by multiplying the rents and royalties by a fraction, the numerator of which is the number of days of physical location of the property in the state during the rental or royalty period in the taxable year and the denominator of which is the number of days of physical location of the property everywhere during all rental or royalty periods in the taxable year. If the physical location of the property during the rental or royalty period is unknown or unascertainable by the taxpayer, tangible personal property is utilized in the state in which the property was located at the time the rental or royalty payer obtained possession.
Amended by Chapter 83, 1994 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 3 - Allocation and Apportionment of Income - Utah UDITPA Provisions › Section 308 - Allocation of capital gains and losses.

59-7-308.
Allocation of capital gains and losses.
To the extent that the following constitute nonbusiness income:
(1) capital gains and losses from sales of real property located in this state are allocable to this state;
(2) capital gains and losses from sales of tangible personal property are allocable to this state if:
(a) the property had a situs in this state at the time of the sale; or
(b) the taxpayer's commercial domicile is in this state and the taxpayer is not taxable in the state in which the property had a situs; and
(3) capital gains and losses from sales of intangible personal property are allocable to this state if the taxpayer's commercial domicile is in this state.
Amended by Chapter 83, 1994 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 3 - Allocation and Apportionment of Income - Utah UDITPA Provisions › Section 309 - Allocation of interest and dividends.

59-7-309.
Allocation of interest and dividends.
To the extent they constitute nonbusiness income, interest and dividends are allocable to this state if the taxpayer's commercial domicile is in this state.
Amended by Chapter 83, 1994 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 3 - Allocation and Apportionment of Income - Utah UDITPA Provisions › Section 310 - Allocation of patent and copyright royalties.

59-7-310.
Allocation of patent and copyright royalties.
(1) To the extent they constitute nonbusiness income, patent and copyright royalties are allocable to this state:
(a) if and to the extent that the patent or copyright is utilized by the payer in this state; or
(b) if and to the extent that the patent or copyright is utilized by the payer in a state in which the taxpayer is not taxable and the taxpayer's commercial domicile is in this state.
(2) A patent is utilized in a state to the extent that it is employed in production, fabrication, manufacturing, or other processing in the state or to the extent that a patented product is produced in the state. If the basis of receipts from patent royalties does not permit allocation to states or if the accounting procedures do not reflect states of utilization, the patent is utilized in the state in which the taxpayer's commercial domicile is located.
(3) A copyright is utilized in a state to the extent that printing or other publication originates in the state. If the basis of receipts from copyright royalties does not permit allocation to states or if the accounting procedures do not reflect states of utilization, the copyright is utilized in the state in which the taxpayer's commercial domicile is located.
Amended by Chapter 83, 1994 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 3 - Allocation and Apportionment of Income - Utah UDITPA Provisions › Section 312 - Property factor for apportionment of business income -- Mobile flight equipment of an airline.

Effective 1/1/2019
59-7-312.
Property factor for apportionment of business income -- Mobile flight equipment of an airline.
(1) Except as provided in Subsections (2) and (3), the property factor is a fraction:
(a) the numerator of which is the average value of the taxpayer's real and tangible personal property owned or rented and used in this state during the tax period; and
(b) the denominator of which is the average value of all the taxpayer's real and tangible personal property owned or rented and used during the tax period.
(2) The average value of an airline's real and tangible personal property owned or rented and used in this state attributable to mobile flight equipment for purposes of the numerator of the fraction described in Subsection (1) shall be calculated for each aircraft type by multiplying:
(a) the total average value of the airline's mobile flight equipment of the aircraft type owned or rented and used during the tax period; and
(b) a fraction:
(i) the numerator of which is the Utah revenue ton miles for the aircraft type; and
(ii) the denominator of which is the airline revenue ton miles for the aircraft type.
(3)
(a) For purposes of Subsection 59-7-302(3)(b)(i)(A) and subject to Subsection (3)(b), the property factor is a fraction:
(i) the numerator of which is the value of the property in this state that is attributable to economic activities that are classified in an excluded NAICS code; and
(ii) the denominator of which is the value of all property in this state.
(b) A taxpayer shall exclude property from the calculation of the property factor fraction described in Subsection (3)(a) if the property may be attributed to economic activities in both excluded NAICS codes and NAICS codes that are not excluded NAICS codes.
Amended by Chapter 456, 2018 General Session
Amended by Chapter 471, 2018 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 3 - Allocation and Apportionment of Income - Utah UDITPA Provisions › Section 313 - Valuation of property for inclusion in property factor.

59-7-313.
Valuation of property for inclusion in property factor.
(1) Property owned by the taxpayer is valued at its original cost.
(2) Property rented by the taxpayer is valued at eight times the net annual rental rate.
(3) Net annual rental rate is the annual rental rate paid by the taxpayer less any annual rental rate received by the taxpayer from subrentals.
(4) Property owned or rented by an airline is valued as provided in this section, subject to the calculation required by Subsection 59-7-312(2).
Amended by Chapter 283, 2008 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 3 - Allocation and Apportionment of Income - Utah UDITPA Provisions › Section 314 - Averaging property values for inclusion in property factors.

59-7-314.
Averaging property values for inclusion in property factors.
(1) The average value of property shall be determined by averaging the values at the beginning and ending of the tax period or averaging of monthly values during the tax period if monthly averaging more clearly reflects the average value of the taxpayer's property.
(2) The average value of property of an airline is valued as provided in this section, subject to the calculation required by Subsection 59-7-312(2).
Amended by Chapter 283, 2008 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 3 - Allocation and Apportionment of Income - Utah UDITPA Provisions › Section 315 - Payroll factor for apportionment of business income -- Compensation of flight personnel by an airline.

Effective 1/1/2019
59-7-315.
Payroll factor for apportionment of business income -- Compensation of flight personnel by an airline.
(1) Except as provided in Subsections (2) and (3), the payroll factor is a fraction:
(a) the numerator of which is the total amount paid in this state during the tax period by the taxpayer for compensation; and
(b) the denominator of which is the total compensation paid everywhere during the tax period.
(2) The total amount paid in this state during the tax period by an airline for compensation attributable to the compensation of flight personnel for purposes of the numerator of the fraction described in Subsection (1) shall be calculated for each aircraft type by multiplying:
(a) the total amount paid during the tax period by the airline to flight personnel for compensation for the aircraft type; and
(b) a fraction:
(i) the numerator of which is the Utah revenue ton miles for the aircraft type; and
(ii) the denominator of which is the airline revenue ton miles for the aircraft type.
(3)
(a) For purposes of Subsection 59-7-302(3)(b)(i)(B) and subject to Subsection (3)(b), the payroll factor is a fraction:
(i) the numerator of which is the amount of the payroll in this state that is attributable to economic activities that are classified in an excluded NAICS code; and
(ii) the denominator of which is the total amount of the payroll in this state.
(b) A taxpayer engaged in economic activities that are classified in an excluded NAICS code shall exclude an individual's payroll from the calculation of the payroll factor fraction described in Subsection (3)(a) if the individual's payroll may be attributed:
(i) to economic activities in both excluded NAICS codes and NAICS codes that are not excluded NAICS codes; or
(ii) to providing management, information technology, finance, accounting, legal, or human resource services.
Amended by Chapter 456, 2018 General Session
Amended by Chapter 471, 2018 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 3 - Allocation and Apportionment of Income - Utah UDITPA Provisions › Section 316 - Determination of compensation for inclusion in payroll factor.

59-7-316.
Determination of compensation for inclusion in payroll factor.
(1) Compensation is paid in this state if:
(a) the individual's service is performed entirely within the state;
(b) the individual's service is performed both within and without the state, but the service performed without the state is incidental to the individual's service within the state; or
(c) some of the service is performed in the state and:
(i) the base of operations or, if there is no base of operations, the place from which the service is directed or controlled is in the state; or
(ii) the base of operations or the place from which the service is directed or controlled is not in any state in which some part of the service is performed, but the individual's residence is in this state.
(2) Whether compensation paid by an airline is paid in this state is determined as provided in this section, subject to the calculation required by Subsection 59-7-315(2).
Amended by Chapter 283, 2008 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 3 - Allocation and Apportionment of Income - Utah UDITPA Provisions › Section 317 - Sales factor for apportionment of business income -- Transportation revenues of an airline.

59-7-317.
Sales factor for apportionment of business income -- Transportation revenues of an airline.
(1) Except as provided in Subsection (2), the sales factor is a fraction, the numerator of which is the total sales of the taxpayer in this state during the tax period, and the denominator of which is the total sales of the taxpayer everywhere during the tax period.
(2) The total sales of an airline in this state during the tax period attributable to transportation revenues in this state during the tax period for purposes of the numerator of the fraction described in Subsection (1) shall be calculated by determining the product of:
(a) the total transportation revenues during the tax period of the airline; and
(b) a fraction, the numerator of which is the Utah revenue ton miles and the denominator of which is the airline revenue ton miles.
Amended by Chapter 283, 2008 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 3 - Allocation and Apportionment of Income - Utah UDITPA Provisions › Section 318 - Sales of tangible personal property.

59-7-318.
Sales of tangible personal property.
(1) Sales of tangible personal property are in this state if:
(a) the property is delivered or shipped to a purchaser, other than the United States Government, within this state regardless of the f.o.b. point or other conditions of the sale; or
(b)
(i) the property is shipped from an office, store, warehouse, factory, or other place of storage in this state; and
(ii)
(A) the purchaser is the United States Government; or
(B) the taxpayer is not taxable in the state of the purchaser.
(2) Whether sales of tangible personal property by an airline are in this state is determined as provided in this section, subject to the calculation required by Subsection 59-7-317(2).
Amended by Chapter 283, 2008 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 3 - Allocation and Apportionment of Income - Utah UDITPA Provisions › Section 320 - Equitable adjustment of standard allocation or apportionment.

59-7-320.
Equitable adjustment of standard allocation or apportionment.
Notwithstanding any other provision of this part, if the allocation and apportionment provisions of this part do not fairly represent the extent of the taxpayer's business activity in this state, the taxpayer may petition for or the commission may require, in respect to all or any part of the taxpayer's business activity, if reasonable:
(1) separate accounting;
(2) the exclusion of any one or more of the factors;
(3) the inclusion of one or more additional factors which will fairly represent the taxpayer's business activity in this state; or
(4) the employment of any other method to effectuate an equitable allocation and apportionment of the taxpayer's income.
Amended by Chapter 225, 2005 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 3 - Allocation and Apportionment of Income - Utah UDITPA Provisions › Section 321 - Construction.

59-7-321.
Construction.
This part shall be so construed as to effectuate its general purpose to make uniform the law of those states which enact it.
Renumbered and Amended by Chapter 2, 1987 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 4 - Combined Reporting › Section 401 - Determining threshold level of business activity for corporations organized or incorporated outside of the United States.

59-7-401.
Determining threshold level of business activity for corporations organized or incorporated outside of the United States.
(1) Except as provided in Subsection (2), in determining whether a corporation is a foreign operating company or has met the threshold level of business activity, business activity within and without the United States shall be measured by means of the factors ordinarily applicable under Sections 59-7-312 through 59-7-319.
(2)
(a) Any taxpayer who would ordinarily be required to apportion business income in accordance with Part 3, Allocation and Apportionment of Income - Utah UDITPA Provisions, shall use a two-factor formula of property and payroll.
(b) The results of the property and payroll factor computation shall be divided by two, or by one if either the property or payroll factor has a denominator of zero.
Amended by Chapter 225, 2005 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 4 - Combined Reporting › Section 402 - Water's edge combined report.

Effective 5/5/2021
59-7-402.
Water's edge combined report.
(1) Except as provided in Section 59-7-403, if any corporation listed in Subsection 59-7-101(40)(a) is doing business in Utah, the unitary group shall file a water's edge combined report.
(2)
(a) A group of corporations that are not otherwise a unitary group may elect to file a water's edge combined report if each member of the group is:
(i) doing business in Utah;
(ii) part of the same affiliated group; and
(iii) qualified, under Section 1501, Internal Revenue Code, to file a federal consolidated return.
(b) Each corporation within the affiliated group that is doing business in Utah must consent to filing a combined report. If an affiliated group elects to file a combined report, each corporation within the affiliated group that is doing business in Utah must file a combined report.
(c) Corporations that elect to file a water's edge combined report under this section may not thereafter elect to file a separate return without the consent of the commission.
Amended by Chapter 368, 2021 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 4 - Combined Reporting › Section 403 - Worldwide combined report.

59-7-403.
Worldwide combined report.
(1) A unitary group may elect to file a worldwide combined report.
(2) Corporations electing to file a worldwide combined report may not thereafter elect to file a return on a basis other than a worldwide combined report without the consent of the commission.
Enacted by Chapter 169, 1993 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 4 - Combined Reporting › Section 404 - Calculation of unadjusted income for combined reporting.

59-7-404.
Calculation of unadjusted income for combined reporting.
(1) A group filing a combined report under Section 59-7-402 or 59-7-403 shall calculate unadjusted income of the combined group by:
(a) computing unadjusted income on a separate return basis;
(b) combining income or loss of the members included in the combined report; and
(c) making appropriate eliminations and adjustments between members included in the combined report.
(2) For purposes of this section, if an entity does not calculate federal taxable income, then unadjusted income shall be calculated based on the applicable federal tax laws.
Amended by Chapter 83, 1994 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 4 - Combined Reporting › Section 404.5 - Adjustment to apportionment factors for corporations in a combined report -- Sales factor -- Property factor.

Effective 5/13/2014
59-7-404.5.
Adjustment to apportionment factors for corporations in a combined report -- Sales factor -- Property factor.
For purposes of apportionment under Part 3, Allocation and Apportionment of Income - Utah UDITPA Provisions:
(1) corporations filing a combined report under Section 59-7-402 or 59-7-403 may not include intercompany sales or other intercompany transactions between the corporations included in the combined report in determining the sales factor;
(2) corporations filing a combined report under Section 59-7-402 or 59-7-403 may not include intercompany rents or other intercompany transactions between the corporations included in the combined report in determining the property factor; and
(3) the amounts of the numerators in this state of the property, payroll, and sales factors of an out-of-state business, as defined in Section 53-2a-1202, that are directly related to disaster- or emergency-related work, as defined in Section 53-2a-1202, during a disaster period, as defined in Section 53-2a-1202, may not be included in the apportionment fraction of the combined group.
Amended by Chapter 376, 2014 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 4 - Combined Reporting › Section 405 - Commission empowered to make rules.

59-7-405.
Commission empowered to make rules.
The commission shall prescribe such rules as necessary to reflect a corporation's tax liability and to prevent avoidance of corporate tax liability in accordance with the provisions of this part.
Enacted by Chapter 169, 1993 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 5 - Procedures and Administration › Section 501 - Accounting periods -- Methods of accounting.

59-7-501.
Accounting periods -- Methods of accounting.
(1) Utah taxable income shall be computed upon the basis of:
(a) the same taxable period used for federal income tax purposes;
(b) the corporation's annual accounting period if the corporation did not file a federal income tax return; or
(c) the calendar year if the corporation has an annual accounting period other than a fiscal year, has no annual accounting period, or does not keep books, and does not file a federal income tax return.
(2)
(a) Utah taxable income shall be computed under the method of accounting on the basis of which the corporation computes:
(i) its income for federal income tax purposes; or
(ii) its income in keeping its books if the corporation did not file a federal income tax return.
(b) If no method of accounting has been regularly used by the corporation or if the method employed does not clearly reflect Utah taxable income computed and apportioned to this state for the taxable year, Utah taxable income shall be computed in accordance with a method which in the opinion of the commission clearly reflects Utah taxable income.
(3) If a corporation is required under Public Law 99-514, or successor statute, to change its method of accounting from the cash receipts and disbursements method to an accrual method or other permissible method, the transition period provision of Public Law 99-514, or successor statute, for taking into account the adjustments required by reasons of such change shall be followed.
(4) The amount of all items of gross income shall be included in the gross income for the taxable year in which received by the taxpayer, unless, under the methods of accounting permitted under this section, any such amounts are to be properly accounted for as of a different period.
(5) The subtractions provided for in this chapter shall be taken for the taxable year in which "paid or accrued" or "paid or incurred," dependent upon the method of accounting upon the basis of which Utah taxable income is computed, unless in order to clearly reflect the income the subtractions ought to be taken as of a different period.
(6) For purposes of Subsections (4) and (5), transition periods for reporting income or deductions permitted or required by Public Law 99-514, or successor statute, shall be followed.
Renumbered and Amended by Chapter 169, 1993 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 5 - Procedures and Administration › Section 502 - Change of taxable year or accounting period.

59-7-502.
Change of taxable year or accounting period.
(1) If a corporation changes its taxable year for federal income tax purposes, the new taxable year shall become the corporation's taxable year for Utah corporate franchise or income tax purposes.
(2) If a corporation which does not file a federal tax return changes its accounting period, the new accounting period shall become the corporation's taxable year for Utah corporate franchise or income tax purposes if the change is approved by the commission.
Renumbered and Amended by Chapter 169, 1993 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 5 - Procedures and Administration › Section 503 - Return where period changed.

59-7-503.
Return where period changed.
(1) If a corporation changes its taxable year in accordance with Section 59-7-502, a short period return shall be made for the period of less than 12 months between the close of the last taxable year for which a return was made and the close of the new taxable year.
(2) Where a short period return is made under Subsection (1) on account of a change in the accounting period, and in any other case where a short period return is required or permitted by rules prescribed by the commission to be made for a fractional part of a year, the tax shall be calculated at the rate provided in Section 59-7-104 for the period covered by the return assignable to business done in Utah.
Renumbered and Amended by Chapter 169, 1993 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 5 - Procedures and Administration › Section 504 - Estimated tax payments -- Penalty -- Waiver.

Effective 5/5/2021
59-7-504.
Estimated tax payments -- Penalty -- Waiver.
(1) Except as provided in Subsection (2), a corporation subject to taxation under this chapter that has a tax liability of $3,000 or more in either the current tax year or the previous tax year shall make a payment of an estimated tax on or before the day on which the corporation is required to make a payment of an estimated tax for the same time period to the federal government.
(2) The provisions of Section 6655, Internal Revenue Code, shall govern the payment described in Subsection (1), except that:
(a) for the first year a corporation is required to file a return in Utah, that corporation is not subject to Subsection (1) if the corporation makes a payment on or before the due date of the return, without extensions, equal to or greater than the minimum tax required under Section 59-7-104 or 59-7-201;
(b) the applicable percentage of the required annual payment, as defined in Section 6655, Internal Revenue Code, for annualized income installments, adjusted seasonal installments, and those estimated tax payments based on the current year tax liability shall be:
InstallmentPercentage
1st22.5
2nd45.0
3rd67.5
4th90.0
(c) a large corporation shall be treated as any other corporation for purposes of this section;
(d) if a taxpayer elects a different annualization period than the one used for federal purposes, the taxpayer shall make an election with the commission at the same time as provided under Section 6655, Internal Revenue Code; and
(e) the due date shall be superseded by the due date for federal estimated payments if modified by other federal action.
(3) A penalty shall be added as provided in Section 59-1-401 for any quarterly estimated tax payment that is not made in accordance with this section.
(4) There shall be no interest added to any estimated tax payments subject to a penalty under this section.
Amended by Chapter 367, 2021 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 5 - Procedures and Administration › Section 507 - Payment of tax.

Effective 5/5/2021
59-7-507.
Payment of tax.
(1)
(a) If an estimated payment is not made as provided in Section 59-7-504, the amount of tax imposed by this chapter shall be paid no later than the due date of the return described in Subsection 59-7-505(2).
(b) If a taxpayer needs an extension of time to file a return, as provided in Section 59-7-505 or 59-7-803, a taxpayer shall pay, no later than the due date of the return described in Subsection 59-7-505(2), an amount equal to the lesser of:
(i) the greater of:
(A) 90% of the total tax reported on the return for the current taxable year; or
(B) 100% of the minimum tax described in Section 59-7-104; or
(ii) 100% of the total tax liability for the taxable year immediately preceding the current taxable year.
(c) If payment is not made as provided in Subsection (1)(b), the commission shall add an extension penalty as provided in Section 59-1-401, until the tax is paid during the period of extension.
(2)
(a) For a taxable year beginning on or after January 1, 2019, but beginning on or before December 31, 2019, a taxpayer shall receive an extension of time for the payment of the amount determined as the tax of the taxpayer, or any part of that amount, for the time period that ends on the last day of the extension to pay the taxpayer's federal income tax.
(b)
(i) For a taxable year beginning on or after January 1, 2020, at the request of the taxpayer, the commission may extend the time for payment of the amount determined as the tax by the taxpayer, or any part of that amount, for a period not to exceed six months from the date prescribed for the payment of the tax.
(ii) For purposes of Subsection (2)(b)(i), the taxpayer shall pay the amount for which the extension is granted on or before the day on which the period of the extension expires.
Amended by Chapter 367, 2021 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 5 - Procedures and Administration › Section 508 - Audit of returns.

59-7-508.
Audit of returns.
As soon as practicable after the return is filed the commission shall examine it and shall determine the correct amount of the tax.
Renumbered and Amended by Chapter 169, 1993 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 5 - Procedures and Administration › Section 509 - Failure to file return -- Penalty.

59-7-509.
Failure to file return -- Penalty.
In case of any failure to make and file a return required by this chapter within the time prescribed by law or prescribed by the commission in pursuance of law, there shall be added to the amount required to be shown as tax on the return a penalty as provided in Section 59-1-401. The amounts so added to any tax shall be collected at the same time and in the same manner and as a part of the tax, unless the tax has been paid before the discovery of the neglect, in which case the amount so added shall be collected in the same manner as the tax.
Renumbered and Amended by Chapter 169, 1993 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 5 - Procedures and Administration › Section 510 - Deficiency -- Interest.

59-7-510.
Deficiency -- Interest.
Interest upon the amount determined as a deficiency shall be assessed at the same time as the deficiency, shall be paid upon notice and demand from the commission, and shall be collected as a part of the tax at the rate and in the manner prescribed in Section 59-1-402.
Amended by Chapter 1, 1993 Special Session 2
Amended by Chapter 1, 1993 Special Session 2
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 5 - Procedures and Administration › Section 511 - Penalty added to underpayments.

59-7-511.
Penalty added to underpayments.
A penalty shall be added to underpayments of tax as provided in Section 59-1-401.
Amended by Chapter 93, 1994 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 5 - Procedures and Administration › Section 512 - Addition to tax in case of nonpayment.

59-7-512.
Addition to tax in case of nonpayment.
Where the entire amount determined by the taxpayer as the tax imposed by this chapter is not paid on or before the date prescribed for its payment, there shall be collected as a part of the tax interest upon such unpaid amount at the rate and in the manner prescribed in Section 59-1-402.
Amended by Chapter 1, 1993 Special Session 2
Amended by Chapter 1, 1993 Special Session 2
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 5 - Procedures and Administration › Section 513 - Interest when time for payment extended.

59-7-513.
Interest when time for payment extended.
If the time for payment of the amount determined as the tax by the taxpayer is extended under the authority of Subsection 59-7-507(2), there shall be collected as a part of such amount interest at the rate prescribed in Section 59-1-402 from the date when such payment should have been made, if no extension had been granted, until payment is received.
Amended by Chapter 1, 1993 Special Session 2
Amended by Chapter 1, 1993 Special Session 2
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 5 - Procedures and Administration › Section 514 - Extension of time to pay deficiency.

59-7-514.
Extension of time to pay deficiency.
(1) Where it is shown to the satisfaction of the commission that the payment of a deficiency upon the date prescribed for the payment thereof will result in undue hardship to the taxpayer, the commission (except where the deficiency is due to negligence, to intentional disregard of rules, or to fraud with intent to evade tax) may grant an extension for the payment of such deficiency or any part thereof for a period not in excess of six months.
(2) If an extension is granted, the commission may require the taxpayer to furnish a bond in such amount, not exceeding double the amount of the deficiency, and with such sureties as the commission deems necessary, conditioned upon the payment of the deficiency in accordance with the terms of the extension.
Renumbered and Amended by Chapter 169, 1993 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 5 - Procedures and Administration › Section 515 - Interest when deficiency extended.

59-7-515.
Interest when deficiency extended.
(1) If the time for the payment of any part of a deficiency is extended, the commission shall collect as a part of the tax interest on the part of the deficiency (the time for payment of which is so extended) at the rate prescribed in Section 59-1-402 for the period of the extension, and shall collect no other interest on such part of the deficiency for such period.
(2) If the part of the deficiency (the time for payment of which is so extended) is not paid in accordance with the terms of the extension, the commission shall collect as a part of the tax interest on such unpaid amount at the rate prescribed in Section 59-1-402 for the period from the time fixed by the terms of the extension for its payment until it is paid, and shall collect no other interest on such unpaid amount for such period.
Renumbered and Amended by Chapter 169, 1993 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 5 - Procedures and Administration › Section 519 - Period of limitation for making assessments -- Change, correction, or amendment of federal income tax -- Duty of corporation to notify state -- Extensions.

59-7-519.
Period of limitation for making assessments -- Change, correction, or amendment of federal income tax -- Duty of corporation to notify state -- Extensions.
(1)
(a) Subject to the other provisions of this section, the amount of taxes imposed by this chapter shall be assessed within three years after a return is filed.
(b) After the expiration of the time period described in Subsection (1)(a), a proceeding in court may not be made without assessment for the collection of the taxes described in Subsection (1)(a).
(2) In the case of a deficiency attributable to the application of a net loss carryback, the deficiency may be assessed at any time before the expiration of the period within which a deficiency for the taxable year of the net loss that results in the carryback may be assessed.
(3) If the amount of federal taxable income for any year of any corporation as returned to the United States treasury department is changed or corrected by the commissioner of internal revenue or other officer of the United States or other competent authority, or where a renegotiation of a contract or subcontract with the United States results in a change of federal taxable income, a taxpayer shall:
(a) report the change or corrected net income within 90 days after the final determination of the change or correction as required to the commission; and
(b) concede the accuracy of the determination or state where the determination is erroneous.
(4) Any corporation filing an amended return with the United States treasury department shall also file, within 90 days after the corporation files the amended return with the United States treasury department, an amended return with the commission that contains the information the commission requires.
(5) If a corporation fails to report a change or correction by the commissioner of internal revenue, other officer of the United States, or other competent authority or fails to file an amended return, any deficiency resulting from the change or correction may be assessed and collected within three years after the change, correction, or amended return is reported to or filed with the federal government.
(6) If any corporation agrees with the commissioner of internal revenue for an extension, or a renewal of an extension, of the period for proposing and assessing deficiencies in federal income tax for any year, the period for sending a notice of proposed Utah tax deficiencies for that year is the later of:
(a) three years after the return is filed; or
(b) six months after the date of the expiration of the agreed period for assessing deficiencies in federal income tax.
(7) The extensions described in Section 59-1-1418 apply to this section.
Amended by Chapter 212, 2009 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 5 - Procedures and Administration › Section 522 - Overpayments.

Effective 7/21/2018
59-7-522.
Overpayments.
(1) As used in this section, "overpayment" means the same as that term is defined in Section 59-1-1409.
(2)
(a) Subject to Subsection (2)(b), a claim for credit or refund of an overpayment that is attributable to a Utah net loss carry forward shall be filed within three years from the due date of the return for the taxable year of the Utah net loss.
(b) The three-year period described in Subsection (2)(a) shall be extended by any extension of time provided in statute for filing the return described in Subsection (2)(a).
(3) The commission shall make a credit against or refund of any overpayment of a tax under this chapter for a taxable year if, in accordance with Section 59-7-519:
(a)
(i) a corporation agrees with the commissioner of internal revenue for an extension, or a renewal of an extension, of the period for proposing and assessing a deficiency in federal income tax for that taxable year; or
(ii) there is a change in or correction of federal taxable income for that taxable year; and
(b) the corporation files a claim for the credit or refund before the expiration of the time period within which the commission may assess a deficiency.
(4) The commission shall make a credit or refund within a 30-day period after the day on which a court's decision to require the commission to credit or refund the amount of an overpayment to a taxpayer is final.
Amended by Chapter 3, 2018 Special Session 2
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 5 - Procedures and Administration › Section 528 - Failure to make return or supply information -- Penalty.

59-7-528.
Failure to make return or supply information -- Penalty.
Each officer or employee of any corporation, who, without fraudulent intent, fails to make, render, sign, or verify any return, or to supply any information within the time required by or under the provisions of this chapter, shall be liable for a penalty as provided in Section 59-1-401, assessed and collected by the commission in the same manner as is provided in this chapter with regard to delinquent taxes.
Renumbered and Amended by Chapter 169, 1993 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 5 - Procedures and Administration › Section 529 - General violations and penalties.

59-7-529.
General violations and penalties.
(1) Each person who, without fraudulent intent, fails to make, render, sign, or verify any return, or to supply any information within the time required by or under the provisions of this chapter, is liable for a civil penalty as provided in Section 59-1-401 imposed, assessed, and collected by the commission in the same manner as provided by this chapter for delinquent taxes.
(2) It is unlawful for any person, with intent to evade any tax, to fail to timely remit the full amount of tax required by the provisions of this chapter. A violation of this section is punishable as provided in Section 59-1-401.
(3) Each person who knowingly or intentionally makes, renders, signs, or verifies any false or fraudulent return or statement or supplies any false or fraudulent information is guilty of a criminal violation as provided in Section 59-1-401.
(4) Each person who, with intent to evade any tax or any requirement of this chapter, fails to make, render, sign, or verify any return, or supply any information within the time required under the provisions of this chapter, is guilty of a criminal violation as provided in Section 59-1-401.
Renumbered and Amended by Chapter 169, 1993 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 5 - Procedures and Administration › Section 530 - Power to waive penalties or interest.

59-7-530.
Power to waive penalties or interest.
The commission may waive penalties or interest as provided in Section 59-1-401.
Renumbered and Amended by Chapter 169, 1993 General Session
2023 Utah Code › Title 59 - Revenue and Taxation › Chapter 7 - Corporate Franchise and Income Taxes › Part 5 - Procedures and Administration › Section 531 - Venue of offenses -- Evidence.

59-7-531.
Venue of offenses -- Evidence.
(1) The failure to do any act required by the provisions of this chapter shall be considered an act committed in part at the office of the commission.
(2) The certificate of the commission that a tax has not been paid, that a return has not been filed, or that information has not been supplied, as required by or under the provisions of this chapter, shall be prima facie evidence that such tax has not been paid, that such return has not been filed, or that such information has not been supplied.
Renumbered and Amended by Chapter 169, 1993 General Session