59-10-516 - Filing extension -- Payment of tax -- Penalty -- Foreign residency.
59-10-516. 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) (i) For a return filed by a taxpayer except for a partnership, the extension underSubsection (1)(a) may not exceed six months.
(ii) For a return filed by a partnership, the extension under Subsection (1)(a) may notexceed five months.
(2) (a) Except as provided in Subsection (2)(b), the commission may not impose on ataxpayer during the extension period prescribed under Subsection (1) a penalty under Section59-1-401 if the taxpayer pays, on or before the 15th day of the fourth month following the closeof the taxpayer's taxable year, 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 currenttaxable year.
(b) If a taxpayer fails to meet the requirements of Subsection (2)(a), the commission mayapply to the total balance due a penalty as provided in Section 59-1-401.
(3) If a federal income tax return filing is lawfully delayed pending a determination ofqualification for a federal tax exemption due to residency outside of the United States, a taxpayershall file a return within 30 days after that determination is made.
Amended by Chapter 271, 2010 General Session