Section R861-1A-39 - Penalty for Failure to File a Return Pursuant to Utah Code Ann. Sections 10-1-405, 59-1-401, 59-12-118, and 69-2-5(1)(a) Subject to Subsection (1)(b), "failure to file a tax return," for purposes of the penalty for failure to file a tax return under Subsection 59-1-401(1) includes a tax return that does not contain information necessary for the commission to make a correct distribution of tax revenues to counties, cities, and towns.(b) Subsection (1)(a) applies to a tax return filed under:(i) Chapter 12, Sales and Use Tax Act;(ii) Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act; or(iii) Title 69, Chapter 2, Emergency Telephone Service Law.(2)(a) "Unpaid tax," for purposes of the penalty for failure to file a tax return under Subsection 59-1-401(1) includes tax remitted to the commission under Subsection (2)(b) that is: (i) not accompanied by a tax return; or(ii) accompanied by a tax return that is subject to the penalty for failure to file a tax return.(b) Subsection (2)(a) applies to a tax remitted under:(i) Chapter 12, Sales and Use Tax Act;(ii) Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act; or(iii) Title 69, Chapter 2, Emergency Telephone Service Law.Utah Admin. Code R861-1A-39