Section 206 – Interest and penalty — Overpayments.
59-5-206. Interest and penalty — Overpayments. (1) In case of any failure to make or file a return required by this chapter, the penalty provided in Section 59-1-401 and interest at the rate and in the manner prescribed in Section 59-1-402 shall be charged and added to the tax. The amount so added to any […]
Section 116 – Disposition of certain taxes collected on Ute Indian land.
Effective 5/5/2021 59-5-116. Disposition of certain taxes collected on Ute Indian land. (1) Except as provided in Subsection (2), there shall be deposited into the Uintah Basin Revitalization Fund established in Section 35A-8-1602: (a) for taxes imposed under this part, 33% of the taxes collected on oil, gas, or other hydrocarbon substances produced from a […]
Section 119 – Disposition of certain taxes collected on Navajo Nation land located in Utah.
Effective 5/5/2021 59-5-119. Disposition of certain taxes collected on Navajo Nation land located in Utah. (1) Except as provided in Subsection (2), there shall be deposited into the Navajo Revitalization Fund established in Section 35A-8-1704 for taxes imposed under this part beginning on July 1, 1997: (a) 33% of the taxes collected on oil, gas, […]
Section 120 – Exemption.
Effective 5/10/2016 59-5-120. Exemption. Beginning on January 1, 2006, and ending on June 30, 2026, no severance tax required by this chapter is imposed on oil and gas produced, saved, sold, or transported if the oil or gas produced, saved, sold, or transported is derived from: (1) coal-to-liquids technology; (2) oil shale; or (3) oil […]
Section 107 – Date tax due — Extensions — Installment payments — Penalty on delinquencies — Audit.
59-5-107. Date tax due — Extensions — Installment payments — Penalty on delinquencies — Audit. (1) Except as provided in Subsections (2) and (3), the tax imposed by this part is due and payable on or before June 1 of the year next succeeding the calendar year when the oil or gas is: (a) (i) […]
Section 108 – Tax as lien on property or oil and gas production interests.
59-5-108. Tax as lien on property or oil and gas production interests. (1) The severance tax imposed by this chapter, together with penalties and interest, is and shall remain a lien upon the owner’s interest in the oil or gas well or rights in the well from which the oil or gas is extracted, until […]
Section 109 – Adjudicative proceedings for correction of amount of tax.
59-5-109. Adjudicative proceedings for correction of amount of tax. If any person feels aggrieved because of the amount of the severance tax determined by the commission, the person may file a request for agency action with the commission within 30 days after notice is mailed to the person, requesting an adjudicative proceeding and the correction […]
Section 110 – Decisions of commission.
59-5-110. Decisions of commission. Every decision of the commission shall be in writing and notice of the decision shall be mailed to the taxpayer within 10 days. All decisions become final upon the expiration of 30 days after notice has been mailed to the taxpayer, unless proceedings are taken within such time for a review […]
Section 111 – Condition precedent to judicial review.
59-5-111. Condition precedent to judicial review. (1) Before seeking judicial review, the taxpayer shall deposit with the commission the full amount of taxes, interest, and other charges audited and stated in the decision of the commission. (2) (a) If the party appealing executes an undertaking meeting the requirements of Subsection (2)(b), the party is not […]
Section 114 – Limitation of actions.
59-5-114. Limitation of actions. (1) (a) Except as provided in Subsections (1)(c) through (f), the commission shall assess the amount of taxes imposed under this part, and any penalties and interest, within six years after a taxpayer files a return. (b) Except as provided in Subsections (1)(c) through (f), if the commission does not make […]