The Utah State Tax Commission Instruction

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or rented, and that do not maintain an inventory or
General Instructions
have employees located at a place of business in
and Information
Utah. For example: A foreign corporation with
goods maintained in Utah in a public warehouse, or
a trucking company operated in or through Utah by
Corporation Identification Numbers
a foreign corporation not qualified for the privilege
of doing business in Utah, is subject to the income
rather than franchise tax. Corporate income tax
The Utah State Tax Commission will use the Em-
filers use form TC-20. A $100 minimum tax applies
ployer Identification Number (EIN) as the
to the corporate income tax.
corporation’s taxpayer identification with the state.
Taxable Year
The Utah Department of Commerce issues a reg-
istration number upon incorporation or qualification
The taxable year for Utah Corporation franchise or
in Utah. Enter the Utah Incorporation/Qualification
income tax purposes must match the taxable year
number in the field provided. Make sure you pro-
used for federal income tax purposes. When the
vide your EIN and Utah Incorporation/Qualification
taxable year changes for federal purposes, the
Number for proper identification of the corporate
taxable year must be adjusted accordingly for Utah
tax return or any correspondence.
corporation franchise or income tax purposes. Refer
Rounding Off to Whole-Dollar Amounts
to “Filing Return Where Period Changed,” below. If
the taxable year is not a calendar year, enter the
All entries must be reported in whole-dollar amounts.
beginning and ending dates of the taxable year at
Liability for Filing and Paying Returns
the top of form TC-20 where indicated.
Filing Return Where Period Changed
Tax Forms
When changes are made to the taxable year, as
The Tax Commission supplies returns for filing of
indicated in “Taxable Year,” above, a short period
corporate taxes to corporations properly registered
return is required. The short period return must
with the state. If an original return is received by the
cover the period of less than 12 months between
corporation, call (801) 297-6700 to request forms.
the prior taxable year-end and the new taxable
year-end. The tax rates as provided in UCA §59-7-
NOTE: Please review “Supporting Federal Infor-
104 and §59-7-201 apply to short period returns.
mation,” later in these general instructions to iden-
tify what federal information is required with the
Due Date
Utah filing.
Returns must be filed on or before the 15th day of the
Franchise Tax
fourth month following the close of the taxable year.
Every C corporation incorporated in Utah (domes-
Filing Extension
tic), qualified in Utah (foreign), or doing business in
Utah, whether qualified or not, must file a corporate
Corporations are automatically allowed an exten-
franchise tax return. C corporation returns are filed
sion of up to six months to file a return without filing
on form TC-20. There is a minimum tax (privilege
an extension form. This is an extension of time to
tax) of $100 on every corporation that files form TC-
file the return - NOT an extension of time to pay
20 regardless of whether the corporation exercises
taxes. To avoid penalty and interest, the prepay-
its right to do business.
ment requirements must be met on or before the
S Corporation
original return due date and all returns must be filed
within the six-month extension period.
Every S corporation (as defined in IRC Section
Penalties
1361(a)) that has filed a proper and timely election
under IRC Section 1362(a) must file form TC-20S
so long as the federal election remains in effect.
The penalty for failure to file a tax due return by
The minimum tax does not apply to S corporations.
the due date is the greater of $20 or 10 percent of
the unpaid tax. In addition, if a tax balance remains
S corporation franchise or income tax return, sched-
unpaid 90 days after the due date, a second
ules, and general instructions are printed sepa-
penalty, the greater of $20 or 10 percent of the tax
rately from this booklet.
balance, will be added for failure to pay timely.
Income Tax
The penalty for failure to pay tax due as reported
The only corporations required to file under the
on a timely filed return, or within 30 days of a notice
income tax provisions are those that derive income
of deficiency, is the greater of $20 or 10 percent of
from Utah sources, but that are not qualified to do
the tax due.
business in Utah and have no regular and estab-
lished place of business in this state, either owned
Page 1

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