59-7-505 - Returns required -- When due -- Extension of time -- Exemption from filing.
59-7-505. Returns required -- When due -- Extension of time -- Exemption fromfiling.
(1) Each corporation subject to taxation under this chapter shall make a return, except thata group of corporations filing a combined report under Part 4 of this chapter shall file onecombined report.
(a) The return shall be signed by a responsible officer of the corporation, the signature ofwhom need not be notarized but when signed shall be considered as made under oath.
(b) (i) In cases where receivers, trustees in bankruptcy, or assignees are operating theproperty or business of corporations, those receivers, trustees, or assignees shall make returns forsuch corporations in the same manner and form as corporations are required to make returns.
(ii) Any tax due on the basis of such returns made by receivers, trustees, or assigneesshall be collected in the same manner as if collected from the corporations of whose business orproperty they have custody and control.
(2) Returns shall be made on or before the 15th day of the fourth month following theclose of the taxable year.
(3) (a) The commission shall allow a taxpayer an extension of time for filing returns.
(b) The extension under Subsection (3)(a) may not exceed six months.
(4) Each return shall be made to the commission.
(5) A corporation incorporated or qualified to do business in this state prior to January 1,1973, is not liable for filing a return or paying tax measured by income for the taxable year inwhich it legally terminates its existence.
(6) A corporation incorporated or qualified to do business or which had its authority to dobusiness reinstated on or after January 1, 1973, shall file a return and pay the tax measured byincome for each period during which it had the right to do business in this state, and the returnshall be filed and the tax paid within three months and 15 days after the close of this period.
(7) If a corporation terminates its existence under Section 16-10a-1401, no returns arerequired to be filed if a statement is furnished to the commission that no business has beenconducted during that period.
(8) (a) A corporation commencing to do business in Utah after qualification orincorporation with the Division of Corporations and Commercial Code is not required to file areturn for the period commencing with the date of incorporation or qualification and ending on thelast day of the same month, if that corporation was not doing business in and received no incomefrom sources in the state during such period.
(b) In determining whether a corporation comes within the provisions of this chapter,affidavits on behalf of the corporation that it did no business in and received no income fromsources in Utah during such period shall be filed with the commission.
Amended by Chapter 332, 1997 General Session