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                          tax.utah.gov

                                                                     Publication 4
                                                                             Revised 7/19

Voluntary Disclosure

 Program                        

Utah State Tax Commission
Auditing Division
210 North 1950 West                                                          If you need an accommodation under the Americans 
Salt Lake City, Utah 84134                                                   with Disabilities Act, contact the Tax Commission 
801-297-4600                                                                 at 801-297-3811, or TDD 801-297-2020. Please 
tax.utah.gov                                                                 allow three working days for a response.

                                                                     years if the company has a substantial presence in Utah. 
General Information
The Utah State Tax Commission’s Voluntary Disclosure Pro-            In certain circumstances where the company’s presence is 
gram is designed to help businesses and individuals volun-           limited, the Tax Commission may agree to a period of fewer 
tarily resolve prior business tax liabilities. If a company has      than three years or prospective compliance. Interest is due 
established a direct representational or economic presence in        on unpaid tax liabilities incurred during the disclosure period.
Utah, this presence gives Utah the right to require the entity 
to pay, collect or remit certain taxes. Companies may anony-         Executing the Agreement
mously approach Voluntary Disclosure Program staff to seek           When the application to participate in the Voluntary Disclo-
resolution of these liabilities arising from past activities. Gener- sure Program is accepted, an offi cial Voluntary Disclosure 
ally, companies benefi t from the voluntary disclosure process        Agreement (VDA) will be prepared for approval and autho-
by not having penalties imposed and by receiving a limited           rized signatures. If there are any material misrepresentations 
look-back period.                                                    in the information received in support of the agreement, the 
                                                                     Tax Commission may consider the agreement void and as-
                                                                     sess additional tax, penalty and interest.
Voluntary Disclosure Process
                                                                     The VDA will be forwarded to the company’s representa-
                                                                     tive once the Tax Commission has approved and signed 
Initial Taxpayer Contact
Companies wishing to enter into or wanting to know more              the agreement. The company then has 90 days to sign and 
about Utah’s Voluntary Disclosure Program may contact                return the VDA to program staff. Once signed, the applicant 
program staff on an anonymous basis. When requesting an              has 30 days to provide all requested information, registra-
agreement to resolve prior tax liabilities, a TC-43, Voluntary       tion, returns and schedules. 
Disclosure Program Application must be completed in full             An assessment is issued when the Voluntary Disclosure 
and emailed to nexus@utah.gov. The application is avail-             Program staff receives all the required documentation; the 
able on our website at tax.utah.gov/forms-pubs.                      company has 30 days to pay the assessment. If payment is 
Company representatives may preserve confi dential-                   not received within 30 days, a penalty for failure to pay the 
ity by not revealing the name of the company or any                  tax and interest will be imposed, and interest will continue to 
information that could readily identify the company to               accrue. 
Voluntary Disclosure Program staff until the company 
has signed the agreement.                                            Contact Information
                                                                     You can contact the Voluntary Disclosure Program staff at:
Voluntary Disclosure Application                                     Voluntary Disclosure Program
After Voluntary Disclosure Program staff has received the            Auditing Division 
company’s fully completed application, staff will review the         Utah State Tax Commission
company’s specifi c facts and circumstances. The Tax Com-             210 North 1950 West
mission requires all tax collected from sales transac-               Salt Lake City, UT 84134-2200
tions or withheld from employees to be paid.
                                                                     Phone: 801-297-4600
The length of the disclosure period (the period the company          Fax: 801-297-4799
will pay back taxes) depends on the nature of the company’s          E-mail: nexus@utah.gov
activities in Utah. Generally, the disclosure period is three 



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  For voluntary disclosures involving more than one state you 
  may contact the Multistate Tax Commission’s National Nexus 
  Program for a streamlined, multi-state disclosure process at:
  Director, National Nexus Program
  Multistate Tax Commission
  444 North Capitol Street, NW, Suite 425
  Washington, DC 20001-1538
  Phone: 202-695-8140
  E-mail: nexus@mtc.gov
  Website: mtc.gov

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