Section 516 – Filing extension — Payment of tax — Penalty — Foreign residency.

• (1)
  • (a) The commission shall allow a taxpayer an extension of time for filing a return.
  • (b) Except as provided in Subsection (1)(c):
    • (i) for a return filed by a taxpayer except for a partnership, the extension described in Subsection (1)(a) may be up to six months; and
    • (ii) for a return filed by a partnership, the extension described in Subsection (1)(a) may be up to five months.
  • (c) For a taxable year beginning on or after January 1, 2019, but beginning on or before December 31, 2019, a taxpayer may receive an extension described in Subsection (1)(a) for the time period that ends on the last day of the extension to file the taxpayer’s federal income tax return.

• (2) The commission may not impose a penalty under Section 59-1-401 during the extension period described in Subsection (1) on:
  • (a) a pass-through entity, if the pass-through entity, on or before the return due date described in Section 59-10-514, pays or withholds the tax on behalf of a pass-through entity taxpayer; or
  • (b) a taxpayer other than a taxpayer described in Subsection (2)(a), if the taxpayer pays, on or before the return due date described in Section 59-10-514, an amount equal to the lesser of:
    • (i) 90% of the total tax reported on the return for the current taxable year; or
    • (ii) 100% of the total tax liability for the taxable year immediately preceding the current taxable year.

• (3) If a taxpayer fails to meet the requirements of Subsection (2), the commission may apply to the total balance due a penalty as provided in Section 59-1-401.

• (4) If a federal income tax return filing is lawfully delayed pending a determination of qualification for a federal tax exemption due to residency outside of the United States, a taxpayer shall file a return within 30 days after that determination is made.

Amended by Chapter 367, 2021 General Session