S.B. 134 Enrolled

1

PARTNERSHIP TAX RETURN FILING
2 DEADLINES
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: J. Stuart Adams
6 House Sponsor: Todd E. Kiser
7
8 LONG TITLE
9 General Description:
10 This bill amends the Individual Income Tax Act to address partnership return filing
11 deadlines.
12 Highlighted Provisions:
13 This bill:
14 . modifies return filing deadlines for a partnership; and
15 . makes technical and conforming changes.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 This bill has retrospective operation for a taxable year beginning on or after January 1,
20 2010.
21 Utah Code Sections Affected:
22 AMENDS:
23 59-10-516, as last amended by Laws of Utah 2007, Chapter 269
24
25 Be it enacted by the Legislature of the state of Utah:
26 Section 1. Section 59-10-516 is amended to read:
27 59-10-516. Filing extension -- Payment of tax -- Penalty -- Foreign residency.
28 (1) (a) The commission shall allow a taxpayer an extension of time for filing [returns]
29 a return.

30 (b) [The] (i) For a return filed by a taxpayer except for a partnership, the extension
31 under Subsection (1)(a) may not exceed six months.
32 (ii) For a return filed by a partnership, the extension under Subsection (1)(a) may not
33 exceed five months.
34 (2) (a) Except as provided in Subsection (2)(b), the commission may not impose on a
35 taxpayer during the extension period prescribed under Subsection (1) a penalty under Section
36 59-1-401 if the taxpayer pays, on or before the 15th day of the fourth month following the
37 close of the taxpayer's taxable year, the lesser of:
38 (i) 90% of the total tax reported on the return for the current taxable year; or
39 (ii) 100% of the total tax liability for the taxable year immediately preceding the
40 current taxable year.
41 (b) If a taxpayer fails to meet the requirements of Subsection (2)(a), the commission
42 may apply to the total balance due a penalty as provided in Section 59-1-401 .
43 (3) If [any] a federal income tax return filing is lawfully delayed pending a
44 determination of qualification for a federal tax exemption due to residency outside of the
45 United States, a taxpayer shall file a return within 30 days after that determination is made.
46 Section 2. Retrospective operation.
47 This bill has retrospective operation for a taxable year beginning on or after January 1,
48 2010.