2006 Utah Code - 59-10-540 — Transferees.

     59-10-540.   Transferees.
     (1) The liability at law or in equity of a transferee of property of any person liable in respect of any tax (including additions to tax, penalties or interest) imposed by this chapter, shall be assessed, paid, and collected in the same manner and subject to the same provisions and limitations as in the case of the tax to which the liability relates, except that the period of limitations for assessment against the transferee shall be extended by one year for each successive transfer, in order of transfer (from the person originally liable to the transferee involved), but not by more than three years in the aggregate. As used in this section, "transferee" includes donee, heir, legatee, devisee, and distributee.
     (2) (a) If, before the expiration of the period of limitations for assessment of liability of the transferee, a claim has been filed by the commission in any court against the person originally liable or the last preceding transferee, based upon the liability of the person originally liable, then the period of limitation for assessment of liability of the transferee shall in no event expire prior to one year after such claim has been finally allowed, disallowed, or otherwise disposed of.
     (b) If, before expiration of the time prescribed in Subsection (1) or (2)(a) for the assessment of the liability, the commission and the transferee have both consented in writing to its assessment after such time, the liability may be assessed at any time prior to the expiration of the period agreed upon. The period so agreed upon may be extended by subsequent agreements in writing made before the expiration of the period previously agreed upon. For the purpose of determining the period of limitation on credit or refund to the transferee of overpayments of tax made by such transferee or overpayments of tax made by the transferor as to which the transferee is legally entitled to credit or refund, such agreement and any extension thereof are considered an agreement and extension thereof referred to in Section 59-10-516. If the agreement is executed after the expiration of the period of limitation for assessment against the original taxpayer, then in applying the limitations under Section 59-10-529 on the amount of the credit or refund, the periods specified in Section 59-10-529 shall be increased by the period from the date of such expiration to the date of the agreement.
     (3) If any person is deceased, the period of limitation for assessment against him shall be the period that would be in effect if he had lived.
     (4) Notwithstanding the provisions of Section 59-1-403 (relating to confidentiality of return information) the commission shall use its powers to make available to a transferee evidence necessary to enable the transferee to determine the liability of the original taxpayer and of any preceding transferees, but without undue hardship to the original taxpayer or preceding transferee.

Amended by Chapter 55, 2006 General Session