59-1-611 - Payment of tax on appeal -- Interest. - Utah Statutes

State Codes and Statutes

Statutes > Utah > Title-59 > Chapter-01 > 59-1-611

59-1-611. Payment of tax on appeal -- Interest.
(1) As used in this section, "post security" means:
(a) posting with the commission, for the full or a partial amount of the deficiency asdetermined by the commission:
(i) a letter of credit;
(ii) a bond; or
(iii) other similar financial instrument acceptable to the commission; or
(b) as determined by the commission, depositing with the commission:
(i) the full amount of the deficiency; or
(ii) a partial amount of the deficiency.
(2) Except as provided in Subsection (3), a taxpayer that seeks judicial review of a finalcommission redetermination of a deficiency shall post security with the commission.
(3) The commission shall waive the requirements of Subsection (2) if a taxpayerestablishes:
(a) that the taxpayer has sufficient financial resources to pay the deficiency if thedeficiency is upheld in a final unappealable judgment or order by a court of competentjurisdiction; or
(b) as determined by the commission, that collection of the deficiency that is the subjectof the appeal is not jeopardized by waiving the requirements of Subsection (2).
(4) (a) The commission may not unreasonably deny a waiver described in Subsection (3).
(b) A taxpayer may seek judicial review of the commission's decision to deny a waiverunder Subsection (3) by the court reviewing the redetermination of the deficiency.
(5) If a taxpayer fails to comply with the requirements of Subsection (2), the reviewingcourt may, in its discretion, dismiss the taxpayer's appeal of the redetermination of the deficiency.
(6) If the commission grants a waiver under Subsection (3), the taxpayer shall pay anytax, interest, or penalties:
(a) ordered by a court of competent jurisdiction; and
(b) within a 45-day period beginning on the day on which the order described inSubsection (6)(a) becomes final.
(7) If a taxpayer posts security with the commission, or the commission grants a waiverin accordance with this section, interest shall accrue on the unpaid taxes that are the subject ofthe deficiency at the rate and in the manner provided in Section 59-1-402.

Enacted by Chapter 70, 2006 General Session

State Codes and Statutes

Statutes > Utah > Title-59 > Chapter-01 > 59-1-611

59-1-611. Payment of tax on appeal -- Interest.
(1) As used in this section, "post security" means:
(a) posting with the commission, for the full or a partial amount of the deficiency asdetermined by the commission:
(i) a letter of credit;
(ii) a bond; or
(iii) other similar financial instrument acceptable to the commission; or
(b) as determined by the commission, depositing with the commission:
(i) the full amount of the deficiency; or
(ii) a partial amount of the deficiency.
(2) Except as provided in Subsection (3), a taxpayer that seeks judicial review of a finalcommission redetermination of a deficiency shall post security with the commission.
(3) The commission shall waive the requirements of Subsection (2) if a taxpayerestablishes:
(a) that the taxpayer has sufficient financial resources to pay the deficiency if thedeficiency is upheld in a final unappealable judgment or order by a court of competentjurisdiction; or
(b) as determined by the commission, that collection of the deficiency that is the subjectof the appeal is not jeopardized by waiving the requirements of Subsection (2).
(4) (a) The commission may not unreasonably deny a waiver described in Subsection (3).
(b) A taxpayer may seek judicial review of the commission's decision to deny a waiverunder Subsection (3) by the court reviewing the redetermination of the deficiency.
(5) If a taxpayer fails to comply with the requirements of Subsection (2), the reviewingcourt may, in its discretion, dismiss the taxpayer's appeal of the redetermination of the deficiency.
(6) If the commission grants a waiver under Subsection (3), the taxpayer shall pay anytax, interest, or penalties:
(a) ordered by a court of competent jurisdiction; and
(b) within a 45-day period beginning on the day on which the order described inSubsection (6)(a) becomes final.
(7) If a taxpayer posts security with the commission, or the commission grants a waiverin accordance with this section, interest shall accrue on the unpaid taxes that are the subject ofthe deficiency at the rate and in the manner provided in Section 59-1-402.

Enacted by Chapter 70, 2006 General Session

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Utah > Title-59 > Chapter-01 > 59-1-611

59-1-611. Payment of tax on appeal -- Interest.
(1) As used in this section, "post security" means:
(a) posting with the commission, for the full or a partial amount of the deficiency asdetermined by the commission:
(i) a letter of credit;
(ii) a bond; or
(iii) other similar financial instrument acceptable to the commission; or
(b) as determined by the commission, depositing with the commission:
(i) the full amount of the deficiency; or
(ii) a partial amount of the deficiency.
(2) Except as provided in Subsection (3), a taxpayer that seeks judicial review of a finalcommission redetermination of a deficiency shall post security with the commission.
(3) The commission shall waive the requirements of Subsection (2) if a taxpayerestablishes:
(a) that the taxpayer has sufficient financial resources to pay the deficiency if thedeficiency is upheld in a final unappealable judgment or order by a court of competentjurisdiction; or
(b) as determined by the commission, that collection of the deficiency that is the subjectof the appeal is not jeopardized by waiving the requirements of Subsection (2).
(4) (a) The commission may not unreasonably deny a waiver described in Subsection (3).
(b) A taxpayer may seek judicial review of the commission's decision to deny a waiverunder Subsection (3) by the court reviewing the redetermination of the deficiency.
(5) If a taxpayer fails to comply with the requirements of Subsection (2), the reviewingcourt may, in its discretion, dismiss the taxpayer's appeal of the redetermination of the deficiency.
(6) If the commission grants a waiver under Subsection (3), the taxpayer shall pay anytax, interest, or penalties:
(a) ordered by a court of competent jurisdiction; and
(b) within a 45-day period beginning on the day on which the order described inSubsection (6)(a) becomes final.
(7) If a taxpayer posts security with the commission, or the commission grants a waiverin accordance with this section, interest shall accrue on the unpaid taxes that are the subject ofthe deficiency at the rate and in the manner provided in Section 59-1-402.

Enacted by Chapter 70, 2006 General Session