2006 Utah Code - 59-12-111 — Licensee to keep records -- Failure to make return -- Penalties.

     59-12-111.   Licensee to keep records -- Failure to make return -- Penalties.
     (1) Each person engaging or continuing in any business in this state for the transaction of which a license is required under this chapter shall:
     (a) keep and preserve suitable records of all sales made by the person and other books or accounts necessary to determine the amount of tax for the collection of which the person is liable under this chapter in a form prescribed by the commission;
     (b) keep and preserve for a period of three years all such books, invoices, and other records; and
     (c) open such records for examination at any time by the commission or its duly authorized agent.
     (2) If no return is made by any person required to make returns as provided in this chapter, the commission shall give written notice to the person to make the return within a reasonable time to be designated by the commission or, alternatively, the commission may make an estimate for the period or periods or any part thereof in respect to which the person failed to make a return, based upon any information in its possession or that may come into its possession of the total sales subject to the tax imposed by this chapter. Upon the basis of this estimate the commission may compute and determine the amount of tax required to be paid to the state. The return shall be prima facie correct for the purposes of this chapter and the amount of the tax due thereon shall be subject to the penalties and interest as provided in Sections 59-1-401 and 59-1-402. Promptly thereafter the commission shall give to the person written notice of the estimate, determination, penalty, and interest.
     (3) If any person not holding a sales tax license under Section 59-12-106 or a valid use tax registration certificate makes a purchase of tangible personal property for storage, use, or other consumption in this state and fails to file a return or pay the tax due within 170 days from the time the return is due, this person shall pay a penalty as provided in Section 59-1-401 plus interest at the rate and in the manner prescribed in Section 59-1-402 and all other penalties and interest as provided by this title.

Amended by Chapter 9, 2001 General Session