Form Tc-41 - Fiduciary Income Tax - 2012 Page 4
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31Page 2
2012 Utah Fiduciary Income Tax
Where to File
Interest (In addition to any penalties due)
Mail your return and any payment (with TC-549 Fiduciary
Interest is assessed on underpayments from the due
Income Tax Return Payment Coupon) to:
date until the liability is paid in full. The interest rate for
Utah State Tax Commission
the 2013 is
2%.
Use the online Penalty and Interest Cal-
210 N 1950 W
culator at taxexpress.utah.gov or follow the instructions
SLC, UT 84134-0250
in Pub 58, Utah Interest and Penalties available at tax.
utah.gov/forms.
What to Attach and What to Keep
Fiduciary and Estate Defi ned
Include the following with your TC-41 and also keep a
The term fi duciary means a guardian, trustee, executor,
copy with your tax records.
administrator, receiver, conservator, or any person acting
• Utah Schedules: Attach all applicable schedules (TC-
in a fi duciary capacity for any individual or entity. The term
41A, TC-41B, TC-41C, TC-41K, TC-41K-1 for each
estate refers only to the estate of a deceased person
benefi ciary, TC-41S, and TC-41W).
and does not include a trust maintained for minors, for a
• Other Adjustments: Attach an explanation for any
person adjudicated incompetent, or for any person who
equitable or fi duciary adjustment entered on TC-
is suffering from another legal disability.
41A, Part 1 code 62 or code 69, or Part 2 code 79
or code 87.
Note: Throughout these instructions, any reference to
• Other Utah Forms: Attach a copy of Utah TC-40LIS
“you” means the fi duciary of the estate or trust.
if you are a building project owner of a low-income
Domicile Defi ned
housing unit.
(UC §59-10-136)
• Tax Due: If you have an amount due on the return,
1. An individual is considered to have a domicile in Utah if:
submit form TC-549, Fiduciary Income Tax Return
A. The individual (or spouse) has claimed a depen-
Payment Coupon (see page 29), and your check or
dent on their federal tax return and the dependent
money order along with the return.
is enrolled in a public kindergarten, public elemen-
Withholding Forms: Withholding tax information must
tary or public secondary school in Utah, with an
be entered on TC-41W which is attached to your return.
exception for a dependent of the noncustodial
Do not send forms W-2, 1099-R, 1099-MISC, Utah
parent who is divorced from the custodial parent;
Schedule K-1, etc., or form TC-675R (showing mineral
or
withholding tax) with your return. Keep all withholding
B. The individual (or spouse) is enrolled as a resi-
forms with your tax records for future reference. If you
dent student in a Utah state institution of higher
do not complete the TC-41W with all required informa-
education.
tion, processing your return may be delayed and your
2. There is a rebuttable presumption that an individual
withholding credit may be disallowed.
or a spouse is domiciled in Utah if:
A. They claim a residential exemption for a primary
Do not send a copy of your federal return, credit sched-
residence under UC §59-2, Property Tax Act;
ules (other than Utah Schedules TC-41A, TC-41S, and/
B. They are registered to vote in Utah; or
or TC-41W, if applicable), worksheets, or other docu-
C. They assert residency in Utah for purposes of fi ling
mentation with your Utah return. Keep these, along with
their income tax return.
any receipts, to support entries reported on your return.
3. If an individual or a spouse does not qualify under
You may have to provide this information later to verify
the above requirements to be considered domiciled
entries on your return.
in Utah, the domicile would be considered to be in
Recordkeeping and Documentation
Utah if:
Keep copies of any receipts, state forms, worksheets,
A. Either the individual or spouse has a permanent
credit authorization forms, and other documentation to
home in Utah to which the individual or spouse
support any income, deduction, exemption, and credit
returns after being absent, and
you have reported. You may be asked to provide this
B. The individual or spouse has voluntarily fi xed their
information later to verify entries on your Utah return.
habitation in Utah, not for a special or temporary
purpose, but with the intent of making a perma-
Rounding Off to Whole Dollars
nent home.
Round off cents to the nearest whole dollar. Round down
The determination of whether an individual is considered
if under 50 cents; round up if 50 cents and above. Do
to have domicile in Utah under paragraph 3 above shall
not enter cents anywhere on the return.
be based on a preponderance of the evidence, taking
Penalties
into consideration the totality of the following facts and
Utah law (UC §59-1-401) provides penalties for not fi l-
circumstances:
ing tax returns by the due date, not paying tax due on
time, not making suffi cient prepayment on extension
• The individual or spouse has a driver’s license in
returns, and not fi ling information returns or supporting
Utah;
schedules. Details of these penalties, along additional
• The individual or spouse claims an exemption for
penalties, are at tax.utah.gov/billing/penalties-inter-
a dependent who is enrolled as a resident student
est and in Pub 58, Utah Interest and Penalties online
in a Utah state institution of higher education;
at tax.utah.gov/forms. You may calculate penalties
by using the online Penalty and Interest Calculator at
taxexpress.utah.gov.
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