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Table of Contents
Table of Contents ......................................................................................................................... i!
Step 1: Assess Yourself and Your Business Idea ................................................................ 1-1!
Self-Evaluation and Checklist for Starting a New Business ................................................. 1-1!
Do You Have a Feasible Idea?.................................................................................................1-2!
Successful Characteristics ............................................................................................. 1-2!
New Products and Inventions ........................................................................................ 1-2!
Protecting Your Idea ............................................................................................................ 1-2!
Trademarks .................................................................................................................... 1-3!
Patents ........................................................................................................................... 1-3!
Copyrights ...................................................................................................................... 1-3!
Acquiring a Business............................................................................................................ 1-4!
Where To Find Businesses To Buy ................................................................................ 1-4!
What Is Being Acquired? ................................................................................................ 1-4!
General Information for All Business.................................................................................... 1-4!
Business Workshops ...................................................................................................... 1-5!
Step 2: Prepare a Written Business Plan ............................................................................... 2-1!
Business Planning................................................................................................................ 2-1!
Essentials of the Plan ..................................................................................................... 2-1!
Components ......................................................................................................................... 2-2!
Implement Your Comprehensive Business Plan ................................................................. 2-3!
Set Up Your Business .................................................................................................... 2-3!
Secure a Professional Advisory Team .......................................................................... 2-3!
Professional Services ..................................................................................................... 2-3!
Review the Plan Continually .......................................................................................... 2-3!
Sources of Assistance.......................................................................................................... 2-3!
One-Stop Service Centers ............................................................................................. 2-4!
Organizations Providing Assistance for Businesses ..................................................... 2-4!
Table 1 – Organizations Providing Assistance for Businesses .......................................... 2-16!
Going Out of Business ....................................................................................................... 2-17!
Dissolving or Terminating a Business ......................................................................... 2-17!
Bankruptcy ................................................................................................................... 2-17!
Table 2 – Going Out of Business ....................................................................................... 2-18!
Step 3: Identify Ways to Finance Your Business .................................................................. 3-1!
Copyrights protect the thoughts and ideas of ! Insurance brokers and agents
authors, composers, and artists. A copyright
prevents illegal copying of written matter, What Is Being Acquired?
works of art, or computer programs. In order Seek competent financial and legal advice.
to ensure copyright protection, the copyright This advice does not need to be expensive
owner should always include notices on all if information is gathered and questions for
copies of the work. The following elements advisors are prepared in advance.
should be listed:
! What special assets are included in the
! The name of the copyright owner acquisition?
! The words “Copyright protected” ! How much “good will” is part of the
! The year in which the work was first dis- price?
tributed ! If the seller leaves, does the good will
Copyright registration is available to more evaporate?
fully protect the copyright. ! Is there special technical expertise that
will go when the seller goes?
Acquiring a Business ! What liabilities will be assumed?
! Can a similar business be started for
For some people, acquiring a business
less?
through purchase or trade may be an excel-
lent alternative to starting a new business A deal should be made only after careful
from scratch. review. Determine whether a seller is:
As with any business entity, good judgment 1. Serious
and competent advice are essential. Just as 2. Willing to discuss the pricing and terms
the term “business” has many meanings, of the sale
exactly what is being acquired in a business 3. Willing to have all terms reviewed by
may be understood differently by different your advisor
people. Caution, prudence and diligence
Signed agreements, properly reviewed, are
must be practiced in acquiring an existing
essential. A competent business consultant
business or in starting a new one.
can help arrive at proper values.
Where To Find Businesses To Buy Caution: When purchasing a business, the
! Personal friends, acquaintances and purchaser may be liable for debts of the sel-
contact with other business activities ler or the acquired business. Always seek
! Business opportunity advertisements professional legal advice from an attorney to
and general business newspapers help avoid serious legal liabilities.
! Acquisition wanted advertisements
! Trade associations
General Information for All
! Chambers of Commerce directories Business
! Government agency publications, direc- Most businesses must begin by doing the
tories and yellow pages following:
! Business brokers and consultants
! Commercial real estate brokers ! File articles or certificates of incorpora-
! Bank trust officers tion or organization with the Utah De-
! Commercial loan officers with banks, partment of Commerce
savings and loans, and thrifts ! Register a business name with the Utah
! Securities brokers Department of Commerce
! Public accounting firms ! Apply to the IRS for a federal Employer
Identification Number (EIN)
! Law firms
! Venture capital firms
! Apply for certain tax licenses with the These monthly seminars are free and are
Utah State Tax Commission by complet- held in Salt Lake City. The Utah withholding
ing TC-69, Business and Tax Registra- tax portion of the workshop is available on-
tion line at www.tax.utah.gov/training. A sche-
! Apply for Workers’ Compensation Insur- dule of the Salt Lake City workshops is
ance with the Department of Workforce available at www.slcc.edu/slsbdc.
Services To register for any of these workshops, con-
! Check zoning requirements in your local tact:
city or county offices
! Get a city or county business license Small Business Development Center
from the city or county in which you will Larry Miller Campus
do business 9750 South 300 West
! Check with the Department of Com- Sandy, UT 84070
merce to see if your business requires a 801-957-4654
special state license (e.g. contractors, E-mail: barbara.mccullough@slcc.edu
accounting, food handling, etc.) The Utah State Tax Commission provides
The following pages of this publication ad- training on sales and use tax. Free work-
dress the requirements listed above and shops are held in Salt Lake City quarterly,
also provide valuable information on gov- and is also available online at
ernment services, state and federal taxes, www.tax.utah.gov/training. The workshop is
business workshops, computer resources also available once a year in St. George.
and Internet services. To register for one of these workshops, con-
tact:
Business Workshops
Taxpayer Education Coordinator
The Internal Revenue Service, Utah State
Utah State Tax Commission
Tax Commission, Utah Labor Commission,
210 North 1950 West
and the Utah Department of Workforce Ser-
Salt Lake City, UT 84134
vices jointly sponsor a one-day Employment
801-297-6203
Tax Workshop to provide information and
E-mail: hmcilrath@utah.gov
answer questions about employment and
other tax requirements for businesses.
and Commercial Code, Occupational and ! Facilitate the delivery of public and pri-
Professional Licensing, Public Utilities, Real vate resources to Salt Lake County
Estate, and Securities. The Committee of businesses.
Consumer Services, an independent advo- ! Market Utah’s assets as a business lo-
cacy agency for utility matters, is also cation to key decision makers.
housed administratively in the Department. ! Invest EDCU grant monies in local pro-
4. Department of Workforce Services motion, professional development, and
140 South 300 East economic development related events
Salt Lake City, UT 84111 throughout the state of Utah.
801-526-9675 7. Internal Revenue Service
Fax: 801-526-9211
www.jobs.utah.gov Information: 1-800-829-1040
Forms: 1-800-829-3676
The Department of Workforce Services pro-
vides a comprehensive array of employment 50 South 200 East
services to Utah job seekers and employ- Salt Lake City, UT 84111
ers. Employer services include placement 801-799-6963
assistance, child care program develop- IRS and Tax Commission Co-location
ment, tax credits, bonding services, work- 210 North 1950 West
force information including: labor supply and Salt Lake City, UT 84134
demand, hours and earnings, and unem- 801-799-6963
ployment rates by county and state; and
much more. These services are offered with 324 25th Street, 6th Floor
no fee. Ogden, UT 84401
5. Mountain West Small 801-625-5583
Business Finance
2595 East 3300 South 173 East 100 North
Salt Lake City, UT 84109 Provo, UT 84606
801-474-3232 801-377-6971
Fax: 801-493-0111
www.mwsbf.com For more information, see Internal Revenue
Service in the Federal Employment and Tax
6. Economic Development Requirements section of this publication.
Corporation of Utah
One Utah Center 8. Mountain West Venture
201 South Main Street, Suite 2150 Group (MWVG)
Salt Lake City, UT 84111 Jeni Tausinga
801-328-8824 6952 High Tech Drive, Suite A
1-800-574-8824 Midvale, UT 84047
www.edcutah.org 801-282-8940
Fax: 801-566-0880
The Economic Development Corporation of www.mwvg.org
Utah is a private, nonprofit organization
which serves as a catalyst for increased The Mountain West Venture Group is a
capital investment and quality job growth in nonprofit organization that identifies, moni-
Utah. This is accomplished through four tors and recognizes “deal flow” within the
core functions: state of Utah. Through the exchange of
ideas, services and acquaintances, the
! Recruit targeted businesses for location Group seeks to foster the investment of risk
throughout the state of Utah. funds. Along with a monthly meeting, a
monthly newsletter and the Utah Deal Flow
book, the MWVG hosts an annual awards
luncheon that identifies and recognizes 100 years has represented members’ inter-
Utah’s 100 fastest growing companies. ests to the business community, govern-
ment officials and the media.
9. National Association of Women
Business Owners Salt Lake Chapter The purpose of the Salt Lake Chamber is to
(NAWBO) build business success. The Chamber’s
310 South Main Street mission is to take a leadership role in the
Mezzanine Level community and state by supporting pro-
Salt Lake City, UT 84111 grams that improve economic vitality and
quality of life, initiate actions that enhance
PO Box 526095 business as well as cultural and social envi-
Salt Lake City, UT 84152-6095 ronments, and build coalitions that unify and
801-487-4600 strengthen the Chamber’s voice in the
Fax: 801-532-4819 community.
12. SLCC Larry H. Miller
E-mail: office@nawboslc.org
Entrepreneurship Training Center
www.nawboslc.org
Salt Lake Community College
The Salt Lake Chapter of the National As- 9750 South 300 West
sociation of Women Business Owners has Sandy, UT 84070
provided a strong voice and vision for wom- 801-957-5200
en entrepreneurs and business owners
since 1980. The chapter offers a wealth of The Larry H. Miller Entrepreneurship Train-
opportunities ranging from business to busi- ing Center (LHMETC) is a full service train-
ness contacts, monthly meetings, network- ing facility donated by entrepreneur Larry H.
ing, public policy advocacy, professional Miller. Workshops & Conferences, Manufac-
growth and mentoring. turing Resource Services, Custom Fit Train-
ing, Short Term Intensive Training, Small
10. Utah Certified Development Company
Business Development Center, and the
Center for Entrepreneurship Training are
533 South Adams Avenue, Suite B
the School of Continuing and Community
Ogden, UT 84405
Education departments that occupy this
801-627-1333
training and conferencing facility. The Con-
Fax: 801-627-6687
ferencing Center handles conferences of up
to 600 people, can be divided into eight
136 East South Temple, Suite 1770
breakout session rooms, has food service,
Salt Lake City, UT 84111
and can provide state-of-the-art technology
801-764-6211
in training presentation delivery. LHMETC is
Fax: 801-746-6214
equipped with computer labs, “smart class-
rooms” capable of delivering distance edu-
E-mail: info@utahcdc.com
cation, and classrooms for all types of adult
www.utahcdc.com/index.htm
experiential technical as well as manage-
11. Salt Lake Area Chamber ment training. This facility features courses,
of Commerce (SLACC) conferences, seminars and workshops on
175 East 400 South, Suite 600 all aspects of growing a business.
Salt Lake City, UT 84111
13. USTAR
Phone: 801-364-3631
324 S. State St. #221
www.saltlakechamber.org
Salt Lake City, UT 84111
The Salt Lake Area Chamber of Commerce 801-538-8879
is the oldest and strongest business voice ustarinfo@utah.gov
for Salt Lake. The Chamber is a leader in
the evolution of the community and for over
The Utah Science Technology and Re- ment gap. This collaboration allows urban
search initiative (USTAR) is a long-term, and rural resources to work in partnership to
state-funded investment to strengthen provide services that neither urban nor rural
Utah's “knowledge economy.” USTAR funds can provide alone.
strategic investments at the University of
15. U.S. Small Business
Utah and USU to recruit and support world-
Administration (SBA)
class researchers. USTAR also works with
Federal Building, Room 2231
companies and entrepreneurs statewide to
125 South State
promote innovation and commercialization
Salt Lake City, UT 84138
activities. USTAR offers the Technology
801-524-3209
Outreach Innovation Program (TOIP) to
www.sba.gov/ut
drive technology commercialization activi-
ties. The program is led by five directors, The U.S. Small Business Administration
each of whom heads a regional outreach (SBA) has many programs including: Small
center located at one of the state's higher Business Development Centers, Service
educational institutions. Whether your busi- Corps of Retired Executives, and Women’s
ness is a start-up trying to grow from $0 in Business Center, that can assist you with
revenue to $1 million, or an established every aspect of starting your own business,
concern trying to grow from $10 million to from developing a business plan to obtain-
$50 million or more, USTAR may be able to ing financing. From marketing products and
help your growth efforts, particularly if your services to managing your company, the
business works in one of USTAR’s six inno- SBA’s programs and services can guide you
vation focus areas of Energy, Biomedical through each stage of growing your busi-
Technology, Imaging Technology, Nano- ness.
technology, Brain Medicine and Digital Me- I. SCORE “Counselors to America’s
dia. For more information on the market Small Business”
analysis, product development, investment SCORE is a nonprofit association dedicated
presentation coaching, and other services to educating entrepreneurs and the forma-
offered, visit www.innovationutah.com. tion, growth and success of small business
14. U.S. Forest Service nationwide. SCORE is a resource partner
324 25th Street with the U.S. Small Business Administration
Ogden, UT 84401 (SBA).
801-625-5306 SCORE offers three primary services to its
E-mail: kschnare/r4@fs.fed.us clients and the small business community:
State and Private Forestry (SPF) is a a. Free and confidential counseling and
branch of the U.S. Forest Service that works mentoring. Counseling is often one-on-
with state foresters and private landowners one between a SCORE volunteer and a
on natural resource activities. One of the small business owner. Mentoring in-
activities is the Economic Action Pro- volves a longer-term relationship with
grams/Rural Community Assistance (EAP). the client.
Grants are available through EAP to rural b. Educational workshops and seminar
communities and private landowners for a programs. SCORE chapters conduct
variety of purposes. workshops covering the basics in oper-
The Economic Action Program is imple- ating a small business. Topics are re-
mented through the National Forest Offices lated to small business formation, busi-
and Resource Conservation and Develop- ness plans, record-keeping, marketing,
ment Council (RC&D). Each state is allotted insurance needs, and financing. A no-
EAP funds on a yearly basis, and grant soli- minal fee is charged for the workshops.
citation is done once a year. SPF works to c. On-line counseling via e-mail. This
help bridge the rural and urban develop- service is offered through the national
Lead Center – Salt Lake Community College Blanding – College of Eastern Utah: San Juan
Greg Panichello – State Director Bill Olderog – Director
9750 South 300 West – LHM 639 West 100 South
Salt Lake City, UT 84070 - View Map Blanding, UT 84511 - View Map
Phone: 801-957-3481 Phone: 435-678-8102
E-mail: greg.panichello@slcc.edu E-mail: billolderog@sjc.ceu.edu
Kaysville – Davis Applied Technology College Logan – Utah State College: Logan
Brent Meikle – Director Frank Prante – Director
450 South Simmons Way #202 (550 E 300 S) 1300 East 700 North #124
Kaysville, UT 84037 Logan, UT 84322 - View Map
Phone: 801-593-2202 Phone: 435-797-2277
E-mail: brent.meikle@datc.edu E-mail: fprante@ext.usu.edu
Moab – College of Eastern Utah Satellite Ogden – Weber State University
Buddy Redd – Director Beverly King – Director
217 East Center, Suite 250 3806 University Circle
Moab, UT 84532 - View Map Ogden, UT 84408 - View Map
Phone: 435-678-3341 (cell) Phone: 801-626-7232
E-mail: fprante@ext.usu.edu E-mail: bking1@weber.edu
International Export
Small Business
Information
Counseling
Networking
Innovative
High Tech
Financial
Numbers refer to the numbered headings in the section
Training
Minority
above.
Corporate Dissolution 1. Must file form 966 within 30 days after the adoption
of a resolution or plan to dissolve. Form 1099-DIV
should also be filed reporting liquidated distributions
to shareholders.
nesses with longer loan terms and lower In most cases, the SBA’s business loans
interest rates than would otherwise be are made by private lenders and guaran-
available. teed by the SBA. The maximum loan guar-
Businesses financed with a Guaranteed B&I antee amount is $2,000,000. SBA loan pro-
loan must be located in a rural area. Rural grams include 7(a) Guaranty Loan, Express,
areas for the B&I program are defined as CapLines, 504 Certified Development Com-
communities with a population of less than pany, and many others. The SBA encou-
50,000 (2000 census), and are not located rages potential borrowers to utilize its busi-
contiguous or adjacent to communities of ness development programs, such as
50,000 or more population (2000 census). SCORE, the Small Business Development
Center, and the Woman’s Business Center,
The Rural Business-Cooperative Service to help them prepare business plans and
(RBS) can guarantee up to 80 percent on loan applications.
loans to $5,000,000. RBS can consider de-
creased guarantees on loans up to Certified Development Companies
$25,000,000. The percentage of guarantee Certified Development Companies (CDCs)
will decrease to a maximum of 70 percent are private companies licensed by the U.S.
on loans between $5,000,000-$10,000,000, Small Business Administration to provide
and a maximum of 60 percent on loans be- long-term fixed-asset financing to expanding
tween $10,000,000-$25,000,000. businesses. The SBA 504 Program loans
provide long-term fixed-asset financing, with
Loans must be fully secured. The dis-
a maximum SBA share of up to $4,000,000
counted collateral value of all security must
or generally 40 percent of project cost. At
be sufficient to fully secure the loan request.
least 10 percent must be provided by the
Businesses assisted with a guaranteed B&I
borrower, and the remainder of project cost
loan must generate sufficient revenues to
is provided by a private lender. Utah’s Certi-
service all business debts.
fied Development Companies include the
Established businesses must have a mini- following:
mum 10 percent tangible net worth to be
considered for Guaranteed B&I assistance. Utah CDC
New businesses or startup operations must 5333 South Adams Avenue, Suite B
have a minimum 20 percent tangible net Ogden, UT 84405
worth to be considered for B&I assistance. 801-627-1333
Fax: 801-627-6687
U.S. Small Business www.nucdc.com
Administration (SBA) Utah CDC
Room 2231 Federal Building 136 East South Temple, Suite 1770
125 South State Street Salt Lake City, UT 84111
Salt Lake City, UT 84138 801-746-6211
801-524-3209 Fax: 801-746-6214
Fax: 801-524-4410 www.nucdc.com
E-mail: steven.price@sba.gov Mountain West Small Business Finance
www.sba.gov 2595 East 3300 South
Federally Guaranteed Loans Salt Lake City, UT 84109
In Utah, the SBA offers a variety of special 801-474-3232
loan programs to eligible small businesses Fax: 801-493-0111
that cannot borrow on reasonable terms www.mwsbf.com
from conventional lenders. The most appro- Mountain West Small Business Finance
priate loan program will vary with the 228 North Orem Blvd.
amount of financing needed and the uses of Orem, UT 84057
loan proceeds.
The Utah Uniform Securities Act makes it Individuals offering or selling securities in
unlawful for any person to offer or sell any Utah must be licensed in the state of Utah.
security in the state of Utah unless the se- These licensing requirements are found in
curity is registered or is exempt from regis- the Utah Uniform Securities Act, section
tration. The purpose of registration is to pro- 61-1-3, and in Division Rule R164-4-1.
vide adequate information to the investing
Raising capital through the public markets
public by requiring the registrant to give
can be successful. Due to legal complexi-
complete business and financial disclosures
ties, you should consult an attorney with
as a part of their registration statement. For
securities expertise before making any de-
information concerning state securities reg-
cisions. Investment banking or brokerage
istration and exemptions from registration,
firms can provide good information, and can
contact the Department of Commerce.
consult with you concerning the methods of
Division of Securities raising capital from the public.
Utah Department of Commerce
160 East 300 South, Box 146760 Others
Salt Lake City, UT 84114-6760 There are other options you can use to raise
801-530-6600 or 1-800-721-7233 capital:
http://www.securities.utah.gov/
! Funds internally generated from compa-
Federal registration of the security may also ny sales
be required. For information concerning ! Private investments or loans by inter-
federal regulations call or write the U.S. Se- ested parties (the leading source of non-
curities and Exchange Commission. personal monies)
U.S. Securities and ! Sale or exchange of company assets
Exchange Commission ! Trade credit extended by suppliers
Salt Lake Regional Office (risky)
15 W. South Temple, Suite 1800 ! Personal assets
Salt Lake City, UT 84101 ! Savings
801-524-5796 ! Home equity (mortgage)
! Life insurance cash value
Email: saltlake@sec.gov
! Personal stocks
http://www.sec.gov/
or shareholders. As a separate entity, it has ! Can only have shareholders that are
its own rights, privileges and liabilities apart United States citizens or residents
from the individuals. ! Cannot be a member of an affiliated
A corporation: group of corporations
! Most financial institutions, insurance
! Must file its Articles of Incorporation with companies and domestic interna-
the Utah Division of Corporations and tional sales corporations are also in-
Commercial Code eligible
! May be formed for profit or for nonprofit ! See IRS regulations for more infor-
purposes mation
! It has limited liability ! Taxes nonresident shareholders using
! The liability of shareholders (or own- the maximum Utah individual income tax
ers) to creditors is ordinarily limited rate
to the amount of each shareholder’s ! Prohibits certain types of income and
capital stock investment business activities
! Is unaffected in its continuity by death or
transfer of shares by any of the owners Professional Corporation
! Requires more extensive record keeping In Utah, people licensed in certain profes-
! Pays taxes on its profits; taxes on divi- sions may form a professional corporation
dends are paid by its shareholders that provides them with the benefits of the
corporate form for the business aspects of
S Corporation their practices, while preserving the person-
The S corporation combines parts of the al relationship between the professionals
corporate and partnership forms of business and those they serve.
organization. The Internal Revenue Code
A professional corporation may only be or-
permits a privately held corporation, one
ganized for the purpose of furnishing one
with up to 35 shareholders, to avoid corpo-
specific professional service and the ancil-
rate taxation by having each shareholder
lary services associated with that profes-
report the share of corporate income on his
sion.
or her individual income tax return.
Unlike traditional business corporations, no
The S corporation generally does not pay
individual may be an officer, director or
tax itself. However, two situations may re-
shareholder of a professional corporation
sult in tax to the corporation:
unless that individual is licensed to perform
1. Excess net passive income the same profession as that for which the
2. Tax on certain capital gains professional corporation was formed. How-
ever, an unlicensed person or nonprofes-
In addition, the S corporation:
sional may serve as either the secretary or
! Remains a corporation in the view of the treasurer of the professional corporation.
state and complies with state corpora-
Another distinctive feature of the profes-
tion regulations
sional corporation is that shares of the cor-
! Must have only one class of stock porate stock may only be issued to persons
! Uses a calendar tax year or shows a who are licensed to render the specific pro-
business purpose for adopting a fiscal fessional service. Likewise, a shareholder
year may voluntarily transfer his or her shares in
! Must have the consent of all sharehold- a professional corporation only to those
ers to have S corporation status persons who are duly licensed to render the
! Must be made up of shareholders that same professional service as that for which
are individuals, estates, or trusts, but not the corporation was organized.
corporations
Entity Status Not separate from In some cases, can be Separate from limited Legal entity; separate Legal entity; separate
owner separate from owners partners, not usually and distinct from owners and distinct from the
separate from the gen- members/owners
eral partners
Liability of Owner is 100% liable Unlimited liability for Limited liability for Shareholders liable only Members enjoy com-
for all debts all partners limited partners only to extent of paid-in plete limited liability
Owners capital similar to that of limited
partners
Duration Same as owner Terminated by agree- May be perpetual May be perpetual Must specify term of
ment of partners, or by years; must be 99
a partner’s death or years or less
withdrawal or bank-
ruptcy
Transferability May be sold at any Generally, sale of Limited partner may sell Shareholders may sell Operating agreement
time; new proprietor- partnership interest interests; general part- or transfer shares of defines restrictions, if
of Interest ship is formed terminates the part- ners may not sell inter- stock any, to transferability of
nership; may create est without consent of a members interests
new partnership the others, depending
on the bylaws or charter
Control By owner General partners each Limited partners have Shareholders elect the The company is owned
have a direct and no management rights Board of Directors, by its members and is
equal voice in man- of control which sets policy and managed by its mem-
agement, unless appoints officers bers or by elected
expressly agreed to managers; an Operat-
otherwise ing Agreement governs
policy
Capital Limited to what the What the partners can What the limited part- Based on issuance and Raised by the members
owner can personally raise themselves ners and general part- sales of shares of stock themselves
raise ners can raise collec-
tively
Taxation Profits are taxed to Profits are usually Profits are usually taxed Double taxation; corpo- Profits may be taxed to
owner as an individual taxed to each owner to each general partner rate profits are taxed to each member, similar
as agreed in the con- and each limited part- the corporation; share- to a partnership or sole
tract, or all share ner, as agreed in con- holder profits in form of proprietorship, or the
equally whether or not tract dividends are taxed as company may be taxed
distributed they are received as a corporation
Reprinted by permission from THE LEGAL ENVIRONMENT OF BUSINESS, Third Edition by Roger E. Meiners, et al;
Copyright ©1988 by West Publishing Company. All rights reserved. The column for limited liability companies was
added by the Utah Division of Corporations and Commercial Code.
Utah Division of Corporations and Commercial Code
160 East 300 South, Box 146705
Salt Lake City, UT 84114-6705
801-530-4849
! If more than one class of shares is No application forms are required, however,
authorized, each class must be des- the Articles of Incorporation must include:
ignated along with a description of
! The corporate name which must contain
the preferences, limitations and rela-
the words “Professional Corporation” or
tive rights of each class
the abbreviation “P.C.”
! For more information, see Utah
Code Annotated 16-6a-202. ! The profession and purpose(s) for which
the corporation is being formed
! A statement declaring whether or not
the corporation will have “voting mem- ! The number of shares the corporation is
bers” authorized to issue
! If more than one class of shares is
! The number of directors constituting the
authorized, each class must be des-
initial governing board [at least three]
ignated along with a description of
and may list the name of each of those
the preferences, limitations and rela-
directors (optional with Articles until first
tive rights of each class
annual report)
! For more information, see Utah
! The name, street address and signature
Code Annotated 16-10a-601.
of each of the incorporators (at least
! The name and address of each share-
one)
holder
! The Utah street address of the corpora-
! The name, street address and signature
tion’s registered office and the name of
of each of the incorporators (at least
its registered agent at such address
one)
! A statement in the Articles of Incorpora-
tion, or an attachment, signed by the ! The name and street address of each
registered agent acknowledging accep- officer and Director (must have at least
tance as such one of each)
! The street address for the principal of- ! The Utah street address of the corpora-
fice (optional with Articles until first an- tion’s registered office and the name of
nual report) its registered agent at such address
! Provisions not inconsistent with law re- ! A statement in the Articles of Incorpora-
garding the distribution of assets on dis- tion, or an attachment, signed by the
solution registered agent acknowledging accep-
Filing Requirements: Articles of Incorporation, in tance as such
duplicate with original sig- Filing Requirements: Articles of Incorporation, in
natures on one copy duplicate with original sig-
Online: https://secure.utah.gov/osbr- natures on one copy
user/user/welcome.html Online: https://secure.utah.gov/osbr-
Filing Fee: $22.00 user/user/welcome.html
Amendment: Articles of Amendment to Filing Fee: $52.00
Articles of Incorporation Amendment: Articles of Amendment to
Amendment Fee: $17.00 Articles of Incorporation
Renewal Term: 1 year Amendment Fee: $37.00
Renewal Fee: $7.00 Renewal Term: 1 year
Delinquent Fee: $10.00 (additional) Renewal Fee: $12.00
Delinquent Fee: $10.00 (additional)
Professional Corporations
To form a professional corporation in Utah, Foreign Corporations
Articles of Incorporation must be filed with A corporation formed in a jurisdiction out-
the Utah Division of Corporations and side of Utah, which intends to conduct busi-
Commercial Code. Consultation with an at- ness in Utah, must submit an Application for
torney or CPA is advised to ensure the ful- Authority to Conduct Affairs for a Foreign
lest legal protection and benefit. Corporation. This must be accompanied by
a Certificate of Good Standing/Existence
from the corporation’s home state dated no also contain the names and street ad-
earlier than 90 days prior to filing. The out- dresses of the managers who are to
of-state corporation must also appoint a reg- serve.
istered agent with a Utah street address. ! If the limited liability company is to be
Consultation with an attorney or CPA is ad- member-managed, a statement that the
vised to ensure the fullest legal protection company is to be managed by its mem-
and benefit. bers. The statement must also contain
Foreign nonprofit corporations follow the the names and street addresses of the
same procedures as foreign business cor- members who are to serve. The limited
porations. liability company shall at all times have
at least one member.
Form: Application for Authority to ! Any other provision, not inconsistent
Conduct Affairs for a For-
eign Corporation with law, that the members choose to
Online: https://secure.utah.gov/osbr- include the Articles of Organization
user/user/welcome.html (U.C.A. Section 48-2c-403(4)).
Filing Fee: $52.00 ! The Articles of Organization shall be
Amendment: Application Amending Au-
thority to Conduct Affairs
signed by at least one organizer or one
or Registration manager or, if the limited liability com-
Amendment Fee: $37.00 pany is member-managed, by at least
Renewal Term: 1 year one member (U.C.A. Section 48-2c-
Renewal Fee: $12.00
204).
Delinquent Fee: $10.00 (additional)
Filing Requirement: Articles of Organization in
Limited Liability Companies (LLC) duplicate with one ex-
ecuted original
A limited liability company is formed by filing Online: https://secure.utah.gov/osbr-
Articles of Organization with the Division of user/user/welcome.html
Corporations. Consultation with an attorney Filing Fee: $52.00
or CPA is advised to ensure the fullest legal Amendment: Articles of Amendment to
Articles of Organization
protection and benefit. Amendment Fee: $37.00
Articles of Organization must include the Renewal Term: 1 year
Renewal Fee: $12.00
following information: Delinquent Fee: $10.00 (additional)
! The name of the limited liability compa- Professional LLC’s
ny (must contain the words "Limited Lia-
bility Company”, “Limited Company", A professional limited liability company is
"L.C." or "L.L.C.") formed by filing Articles of Organization with
! The business purpose(s) for which the the Division of Corporations. Consultation
limited liability company is organized with an attorney or CPA is advised to en-
! The street address of its registered of- sure the fullest legal protection and benefit.
fice in the state of Utah Articles of Organization must include the
! The name and signature of its initial reg- following information:
istered agent at that address (the agent
shall be a person residing or authorized ! The name of the limited liability compa-
to do business in the state of Utah) ny should contain the words or abbrev-
! The name and street address of each iation of the words "professional limited
organizer who is not a member or man- liability company" such as the letters
ager "P.L.L.C." or "PLLC"
! If the limited liability company is to be ! The profession and purpose or purpos-
manager-managed, a statement that the es for which the corporation is formed
company is to be managed by a man- ! The street address of its registered of-
ager or managers. The statement must fice in the state of Utah
! The name and signature of its initial reg- LLC’s home state dated no earlier than 90
istered agent at that address (the agent days prior to filing. The out-of-state LLC
shall be a person residing or authorized must also appoint a registered agent with a
to do business in the state of Utah) Utah street address. Consultation with an
! The name and street address of each attorney or CPA is advised to ensure the
organizer who is not a member or man- fullest legal protection and benefit.
ager Form: Application for Authority to
! If the professional limited liability com- Transact Business
pany is to be manager-managed , a Online: https://secure.utah.gov/osbr-
user/user/welcome.html
statement that the company is to be Filing Fee: $52.00
managed by a manger or managers. Amendment: Application Amending Au-
The statement must also contain the thority to Conduct Affairs
names and street addresses of the or Registration
managers who are to serve. Amendment Fee: $37.00
Renewal Term: 1 year
! If the professional limited liability com- Renewal Fee: $12.00
pany is to be member-managed, a Delinquent Fee: $10.00 (additional)
statement that the company is to be
managed by its members. The state- Limited Partnerships
ment must also contain the names and A limited partnership is formed in the state
street addresses of the members who by filing a Certificate of Limited Partnership
are to serve. The professional limited with the Division of Corporations and Com-
liability company shall at all times have mercial Code. Consultation with an attorney
at least one member. or CPA is advised to ensure the fullest legal
! Any other provision, not inconsistent protection and benefit.
with law, that the members choose to
include the Articles of Organization The Certificate of Limited Partnership must
(U.C.A. Section 48-2c-403(4)). include the following information:
! The Articles of Organization shall be ! The name of the limited partnership
signed by at least one organizer or one (must contain the words "Limited Part-
manager or, if the professional limited nership," "Limited," "L.P.,"or "Ltd.")
liability company is member-managed, ! The term of the partnership's existence
by at least one member (U.C.A. Section ! The street address of the principal place
48-2c-204). of business
Filing Requirement: Articles of Organization in ! The name and street address of the
duplicate with one ex- partnership's registered agent
ecuted original ! The name and street address of each
Online: https://secure.utah.gov/osbr-
user/user/welcome.html general partner
Amendment: Articles of Amendment to ! The signature of each general partner
Articles of Organization and the registered agent acknowledging
Amendment Fee: $37.00 acceptance as such
Renewal Term: 1 year
Renewal Fee: $12.00 ! The purpose for which the partnership is
Delinquent Fee: $10.00 (additional) formed (optional)
Foreign LLC’s Filing Requirement: Certificate of Limited Part-
nership in duplicate with
A limited liability company formed in a juris- original signatures on one
copy
diction outside of Utah, which intends to Online: https://secure.utah.gov/osbr-
conduct business in Utah, must submit an user/user/welcome.html
Application for Authority to Transact Busi- Filing Fee: $52.00
ness. This must be accompanied by a Cer- Amendment: Articles of Amendment to
tificate of Good Standing/Existence from the Articles of Incorporation
facility owned and operated by the state, the fer postsecondary education in payment of
United States, or their political subdivisions. tuition or fees for educational, professional
or vocational objectives.
Each health spa must obtain a bond, Letter
of Credit, and Certificate of Deposit, and Annual Filing Fee: Varies
furnish an original to the Division of Con- Bond Required: Varies
sumer Protection prior to selling, offering or Telephone Solicitations and Sales
attempting to sell, soliciting the sale of, or
becoming a party to any contract to provide The Telephone Fraud Prevention Act re-
health spa services. An application must be quires that a person, partnership, corpora-
filed with the Division of Consumer Protec- tion or other entity that engages in tele-
tion. phone solicitation or sales in Utah must reg-
ister each year with the Division of Con-
The bond, Letter of Credit, and Certificate of sumer Protection.
Deposit are based on the number of unex-
pired contracts for health spa services. For A $50,000 bond, Letter of Credit, or Certifi-
example: cate of Deposit from an authorized Utah
business institution is required by the Divi-
Principal Amount Number of Contracts
of Bond or Letter with an unexpired term
sion of Consumer Protection in order to en-
of Credit exceeding 90 days gage in telephone solicitation or sales in
$15,000 500 or fewer Utah. If a violation has occurred within three
$35,000 501 to 1,500 years prior to application, a bond in the
$50,000 1,501 to 3,000 amount of $75,000 is required.
$75,000 3,001 or more
Annual Filing Fee: $250
Annual Filing Fee: $100 Bond Required: Yes
Bond Required: Yes
Professional and
Postsecondary Proprietary
Occupational Licenses
Schools
Specific types of occupations or profession-
Postsecondary education means education
als must have permits or licenses issued by
or educational services offered primarily to
the state. No single department has respon-
persons who have completed or terminated
sibility for all licensing, and licensing fees
their secondary or high school education or
vary. Table 3 contains lists of businesses
who are beyond the age of compulsory
and occupations that require state licenses.
school attendance. Proprietary school
For information on qualifications and appli-
means any private institution, including
cations, call the agency listed.
business, modeling, paramedical, tax prepa-
ration, trade and technical schools, that of-
Possible Bond: $10,000 - $500,000 Form: TC-69, Utah State Business and Tax
form TC-763 Registration
Fee: No Fee
Environmental Assurance Fee
This license is for importers, refiners or Completing Application Forms
manufacturers with the first sale or use
The following information is provided to help
in Utah of any petroleum product liquid
applicants determine who is authorized to
at 60°F.
sign the application forms for tax registra-
Form: TC-107 – Fuel License tion.
Application
Fee: No Fee ! Sole Proprietor: The owner must sign.
Compressed Natural Gas (CNG) ! Limited Partnership: A general partner
Contact: must sign.
Taxpayer Services ! General Partnership: A general partner
801-297-3525 must sign.
! Corporation: An officer or registered
This license is for suppliers of com- agent who is authorized by the corpora-
pressed natural gas for highway use. tion must sign.
The owner or lessor of equipment used ! LLC: A member or manager authorized
to compress natural gas for highway use by the LLC must sign.
is considered to be the CNG supplier ! LLP: A general partner authorized by
and must report and pay the tax. A buy- the LLP must sign.
er of natural gas for compression may
! Business Trust: The trustee or grantor
provide a sales and use tax exemption
must sign.
certificate to the natural gas supplier.
However, the buyer must have a munic- Business Tax References
ipal energy and a sales and use tax ac-
count and report to the Tax Commis- Businesses operating in Utah may be sub-
sion. ject to several types of taxes. The following
summaries should be used as guidelines to
Form: TC-107 - Fuel License help you determine which taxes apply to
Application
TC-721CNG – Exemption your business.
Certificate for Compressed For a thorough guide to Utah’s taxes and
Natural Gas
Tax Commission Rules, you may purchase
International Fuel Tax Agreement (IFTA) a copy of the Utah Tax Code from:
Contact: LexusNexis/Matthew Bender
Motor Carrier Service 1275 Broadway
801-297-6800 Albany, NY 12204
Businesses requiring IFTA (International Phone: 1-800-424-4200 or
Fuel Tax Agreement) Licenses or Special 1-800-562-1197
Fuel User Permits will use the following www.lexisnexis.com/bookstore
form: customer.support@lexisnexis.com
Form: TC-69MC, Utah State Application The Utah Tax Code and Tax Commission
for IFTA, SFU and IRP Rules may also be accessed through the
Fee: $4.00 decal fee for IFTA
Tax Commission’s web page: tax.utah.gov.
Mineral Production Withholding
Tax Account
Commercial Vehicles
This application is used to register your Commercial Vehicle Registration
business for a mineral production withhold- Contact:
ing tax account. Motor Carrier Services
210 North 1950 West
Forms: TC-559 – Corporate Tax Payment Coupon The workers compensation premium tax rate
TC-20 – Utah Corporation Franchise or is determined annually by the State Industrial
Income Tax Return Commission.
TC-20S – Utah S Corporation Franchise or
Income Tax Return Title insurance premiums are taxed at a rate
TC-20MC – Utah Tax Return for of .45 percent.
Miscellaneous Corporations An additional surtax of .0001 percent is as-
TC-161 – Utah Registration for Exemption sessed on motor vehicle liability, personal in-
from Corporate Franchise or jury and uninsured motorist premiums.
Income Tax
Forms: TC-670 – Utah Insurance Premium Tax
Payment & Prepayment Coupon
Individual Income Tax TC-420B – Self - Insurance Premium Tax
Individuals who earn or receive income from Payment & Prepayment Coupon
a Utah source, who live, or who have a res- TC-49 – Insurance Premium Tax Return
idence in Utah must file an individual in- TC-420 – Self Insurer’s Tax Return
come tax return to determine the amount of Fuel Taxes
the individual’s income that is taxable and
owed to Utah. Contact:
Taxpayer Services
Individual Income Tax Estimated
801-297-7705
Prepayments
Utah does not require filing and payment of Fuel taxes must be reported and remitted
estimated individual income tax, but does each month.
provide forms for taxpayers who would like Aviation Fuel is used exclusively for the
to pay quarterly estimated tax. It may be operation of aircraft.
paid on the same time schedule as the fed-
eral tax. Estimated tax payments must be Rate: 4 cents per gallon for aircraft federally certi-
fied for scheduled operations or all-cargo
accompanied by a prepayment form. operations. 9 cents per gallon on all others.
Forms: TC-546 – Income Tax Prepayment Form: TC-109A – Aviation Fuel Tax Return
TC-40 – Utah Individual Income Tax Return
Motor Fuel is gasoline or gasohol used for
Insurance Premium Tax any purpose other than the operation of air-
Contact: craft.
Utah State Tax Commission
Rate: 24.5 cents per gallon on motor fuel.
801-297-3525
Form: TC-109 – Motor Fuel Tax Return plus
Admitted insurance companies are required applicable schedules
to file a premium tax return regardless of the
Special Fuel is any non-gasoline fuel used
exempt nature or amount of their premiums.
to operate a motor vehicle upon the public
The insurance premium tax applies to all
highways and is not taxed under the catego-
insured risks in the state including workers
ry of motor or aviation fuel.
compensation.
Rate: 24.5 cents per gallon on special fuel.
Insurance premium and self-insured tax re-
turns are due on or before March 31 for the 8.5 cents per gasoline gallon equivalent on
compressed natural gas.
preceding calendar year. Prepayments are
required if the prior year’s tax liability was Form: TC-364 – Special Fuel Supplier Tax Return
TC-366 – Compressed Natural Gas Tax
$10,000 or more. Prepayments are due the
Return
last day of April, July, and October. The final
payment is due when the tax return is filed Entities that meet any of the following crite-
March 31. ria are required to be licensed and may be
Rate: The base premium tax is 2.25 percent. It is
required to be bonded:
calculated on the net taxable premiums re- ! Importers, refiners and blenders of mo-
ceived for life, property, and casualty insur-
ance policies written in the state.
tor fuel
Oil, Gas and Mining Taxes Personal property taxes are due 30 days
from the date the tax bill is mailed. Real
Contact: property taxes are billed by November 1st
Utah State Tax Commission and must be paid by November 30th. Con-
801-297-4600 tact your county assessor for further infor-
Conservation Fee mation.
The conservation fee applies to owners Sales and Use Taxes
holding interest in oil and gas wells.
Sales tax is a tax on the rental or retail sale
Rate: Two-tenths of one percent of the value at the
well of oil and gas produced, saved and sold of tangible personal property, admission
or transported from the field where pro- and user fees, and certain services pro-
duced. vided. It is collected from the consumer by
Severance Tax the retailer and reported and paid to the Tax
Severance tax applies to extractors of me- Commission on a monthly, quarterly or an-
talliferous minerals such as gold, silver, nual basis. Sales tax returns and payments
copper, lead, iron, zinc, tungsten, uranium, are due on the last day of the month follow-
beryllium and other valuable metals, and to ing each reporting period. If a due date falls
the interest owners of oil and gas produced on a weekend or legal holiday, the due date
in the state. becomes the next business day.
Rate: 2.6 percent of the taxable value of all metals Use tax is a tax on amounts paid or
or metalliferous minerals; 3-5 percent of the charged for purchases of tangible personal
value of the oil and gas; and 4 percent of the property and certain services where sales
value of natural gas liquids. Contact the tax was due but not charged. The purchaser
State Tax Commission for exemptions.
remits use tax directly to the Tax Commis-
Form: TC-5 – Oil and Gas Conservation Fee sion. Examples of use tax transactions in-
Return
clude mail order and Internet purchases,
TC-685- Mining Severance Tax Return
TC-684 – Oil & Gas Severance Tax Return withdrawals from inventory and goods con-
sumed.
Property Tax
Use tax must be accrued and paid on cer-
Contact: tain purchases from unregistered out-of-
Contact the county assessor for the county Utah sellers. Some of the more common
where you are doing business or the Utah items for use tax reporting include advertis-
State Tax Commission, if centrally as- ing supplies, office or shop equipment,
sessed. computer hardware and software, office
Taxes are levied on real and personal prop- supplies, and books.
erty. Real property includes land, buildings Sales and use taxes are transaction taxes.
and other improvements. Personal property This means the tax is not on the articles
sold or furnished, but on the transaction, Publication 54 – Sales Tax Information for Public
and the purchaser is the actual taxpayer. Utilities
Publication 55 – Sales Tax Information for
The seller is charged with collecting the tax Restaurants
from the purchaser and paying the tax to Publication 56 – Sales Tax Information for Lodging
Utah. In cases where the seller does not Providers
charge the tax, it becomes use tax and the Publication 62 – Sales Tax Information for
Telecommunications Service
purchaser is responsible to report and remit Providers
the tax.
Once a business has registered with the The sales and use tax rates vary depending
Tax Commission for the collection of sales on the location of a business. Cities and
and use tax, a return must be filed whether counties may impose additional related tax-
or not sales or use tax is due. Penalties and es, such as, tourism, and transient room
interest apply to late returns, underpay- taxes. Generally, the local tax rate is com-
ments and late payments. Filing frequency bined with the state tax rate for collection
is determined by the Tax Commission and and reporting to the Utah State Tax Com-
based on the amount of annual sales and mission. Certain counties and municipalities
use tax liability. collect their own transient room tax. Check
with your city or county to determine if addi-
If annual net taxable sales
tional local taxes must be paid.
and purchases are: Your filing status is:
$ 16,000 or less Annual Tax rate charts for every combined (state
$ 16,001 - $ 800,000 Quarterly and local) tax rate in Utah are available on-
$ 801,000 - $1,500,000 Monthly
$ 1,500,001 or more Monthly and EFT line at tax.utah.gov.
Businesses whose annual sales tax liability Beer Tax
is $96,000 or more are required to pay the Contact:
tax via electronic funds transfer (EFT). Sel- Utah State Tax Commission
ler discounts are available to those who file 801-297-3525
and pay sales and use tax monthly by the The beer tax applies to beer imported or
due date. manufactured for sale, use or distribution in
Forms: TC-62S – Sales and Use Tax Return Utah. Monthly reports are required on or
Single Place of Business before the last day of the following month.
TC-62M – Sales and Use Tax Return
Multiple Places of Business Rate: $12.80 per 31- gallon barrel of beer.
Form: TC-386 – Beer Tax Return plus applicable
Publications:
schedules
Publication 25 – Utah Sales and Use Tax
General Information Distributor licensing is under the jurisdiction
Publication 5 – Sales Tax Information for Vehicle & of the Utah Department of Alcoholic Beve-
Watercraft Dealers and Body &
Repair Shops rage Control. Retail licenses are issued by
Publication 35 – Sales Tax Information for Public and local jurisdictions.
Private Elementary and Secondary
License: Department of Alcoholic Beverage Control
Schools
1625 South 900 West
Publication 37 – Business Activity and Nexus in Utah
Salt Lake City, UT 84104
Publication 40 – Personal Liability for Unpaid Sales,
801-977-6800
Fuel and Withholding Taxes
Publication 42 – Sales Tax Information for Sales, Botanical, Cultural and Zoological
Installation and Repair of Tangible
Organizations Tax
Personal Property Attached to Real
Property Where adopted, a .1 percent tax is included
Publication 45 – Sales Tax Information for Nurseries, in the combined sales and use tax rate as-
Florists, Landscapers and Related sessed on the sale of taxable goods and
Industries services sold within the adopting city, town
Publication 53 – Sales Tax Information for Health
Care Providers or county. This tax funds recreational and
zoological facilities and botanical, cultural,
and zoological organizations within the Form: TC-62E – Municipal Energy Sales and
adopting city, town or county. Use Tax Return
A tax of up to 1 percent is imposed at the land line and on each revenue produc-
option of qualifying resort communities on ing cellular line with a billing address
the sale or rental of taxable goods and ser- within the boundaries of the county, city
vices within the resort community. A com- or town. The amount of the charge will
munity qualifies if transient room capacity is not exceed 61 cents per month for each
equal to or greater than 66 percent of the line. An 8 cent per month state fee is
permanent population. The resort communi- imposed on telephone service for unified
ties tax, if imposed, applies to sales subject statewide E-911 emergency services.
to sales tax, and is included in the combined
Emergency Services Telephone
sales and use tax rate. However, sales or
Charge – Poison Control Center
leases of a motor vehicle, an aircraft, a wa-
Funding
tercraft, a modular home, a manufactured
home, or a mobile home are exempt from An emergency services telephone
the resort communities tax. charge of 7 cents per month is imposed
on each local exchange service land line
Rural Health Care Facilities Taxes
and each revenue producing cellular line
Qualifying rural counties may adopt a rural
subject to the 911 emergency services
health care facilities tax of up to 1 percent.
telephone charge.
The tax is imposed on the sale of taxable
goods and services sold within the adopting Forms: TC-29 – Emergency Services
Telephone Fee Return Coupon
jurisdiction, and on the purchase of items
TC-29Q – 911 Emergency Services
subject to use tax. The rural county and city Schedule Supplemental
health care facilities taxes, if imposed, are Information
included in the combined sales and use tax Municipal Telecommunications Li-
rate and will be used to fund hospitals and censing Tax
nursing care facilities owned and operated
Municipalities may impose a tax of up to
by the county.
3.5 percent to telecommunication ser-
Sexually Explicit Business and Escort vice providers on the value of telecom
Service Taxes service provided within the municipali-
A tax is imposed on a sexually explicit busi- ty’s boundaries. This tax is remitted to
ness equal to 10 percent of amounts paid or the Tax Commission on or before the
charged by the business for: an admission last day of the month following the
fee, a user fee, a retail sale of tangible per- month in which the charge is imposed.
sonal property, a sale of food, food ingre- Form: TC-34 – Municipal Telecommunications
dients, or prepared food, a sale of a beve- Licensing Tax Return
rage, or any service. TC-34Q – Municipal Telecommunica-
tions License Tax
A tax is imposed on an escort service equal Supplemental Information
to 10 percent of amounts paid or charged by Tourism Tax
the escort service for any transaction that Contact:
involves providing an escort to another indi- Utah State Tax Commission
vidual. 801-297-2200
Form: TC-63 – Sexually Explicit Business and Es- There is a statewide motor vehicle rental tax
cort Service Tax Return
of 2.5 percent on leases and rentals not ex-
Telecommunication Services Taxes ceeding 30 days. In addition, where
adopted, this tax is imposed on the following
Emergency Services Telephone
types of transactions:
Charge – 911
A county, city or town may levy a ! A prepared food tax of up to 1 percent
monthly emergency services telephone may be imposed on all prepared foods
charge on each local exchange service and beverages sold by restaurants.
! Motor vehicle rental taxes of up to 7 cling fee does not apply to recapped or
percent are charged on all motor vehicle used and resold tires, bicycle tires, or tires
rentals or leases not exceeding 30 days. held for resale.
The tourism taxes, if imposed, are reported Rate: $1 per tire
Form: TC-62W – Waste Tire Recycling Fee
on a separate form. Return
Form: TC-62F – Restaurant Tax Return
TC-62L – Motor Vehicle Rental Tax Oil Recycling Fee
Return The oil recycling fee of 4 cents per quart or
16 cents per gallon, is imposed on the first
Transient Room Taxes
sale in Utah of packaged lubricating oil by a
Contact:
lubricating oil seller. This fee is reported and
Utah State Tax Commission
paid on a quarterly basis. This fee does not
801-297-2200
apply to sales of lubricating oil:
Counties throughout Utah may impose tran-
! shipped outside the state
sient room taxes of up to 4.25 percent on
the rent of rooms in hotels, motels, inns, ! purchased in five-gallon or smaller
trailer courts, campgrounds, tourist homes, containers and used solely in under-
and similar accommodation for stays of less ground mining operations
than 30 consecutive days.
! in bulk containers of 55 gallons or
Cities and towns may impose a municipal more
transient room tax up to 1.5% on the rent of
Form: TC-535 – Lubricating Oil Fee Return
rooms in hotels, motels, inns, trailer courts,
campgrounds, tourist homes, and similar Withholding Tax
accommodation for stays of less than 30
Contact:
consecutive days.
Utah State Tax Commission
Salt Lake County imposes a tax of .5 per- 801-297-2200
cent in addition to the transient room tax, on
Employers located inside of Utah who pay
rentals in hotels, motels, inns, trailer courts,
wages, and employers located outside of
campgrounds, tourist homes and similar
Utah who pay wages to Utah residents,
accommodations of less than 30 consecu-
must register with the Utah State Tax
tive days.
Commission to get a withholding account
Some cities and counties have elected to number. Employers may register on-line at
collect the transient room tax required in https://secure.utah.gov/osbr/user or com-
their jurisdictions. Contact your local city or plete form TC-69, Utah State Business and
county government to determine what tax- Tax Registration. Form TC-69 is available
es, if any, are due directly to your jurisdic- online at tax.utah.gov/forms.
tion.
State withholding taxes are paid on a
Form: TC-62T – Transient Room Tax Return monthly basis and filed on a quarterly basis
Waste Tire Recycling Fee if the employer is withholding an average of
Contact: $1,000 a month or $12,000 a year. The
Utah State Tax Commission payment is due on or before the last day of
801-297-2200 the month following the end of each monthly
period. The return is due on or before the
The waste tire recycling fee applies to sales last day of the month following the end of
of new tires up to and including 24.5 inches. each quarterly period. For example, the
The fee applies to new tires meeting the January payment is due the last day of Feb-
size requirement and sold for use on ruary, and the first quarter (January-March)
owned, rented or leased vehicles, and off- filing is due the last day of April.
highway motorized vehicles. The tire recy-
Employers withholding less than $1,000 on Utah income tax withholding schedules
average per month or $12,000 on average a have been designed to parallel the federal
year, are required to file and pay on a quar- withholding schedules found in Circular E,
terly basis. Returns and payments are due Employer’s Tax Guide, published by the In-
on or before the last day of the month after ternal Revenue Service. These withholding
the end of each quarterly period. For exam- tables must be used for all wages and sala-
ple, the first quarter (January-March) filing ries earned in Utah or earned by Utah resi-
and payment are due the last day of April. dents outside of Utah. Utah Withholding
Schedules are available online at
Employers who report federal withholding
tax.utah.gov/forms, may also be ordered by
taxes for household employees on a federal
contacting the Tax Commission.
Schedule H, may file and pay on an annual
basis. The return and payment are due on Filing Returns
or before the last day of the month following
the calendar year (January 31). Businesses with Tax Commission accounts
must file their tax returns by the due date
At the end of each calendar year, an annual even if no tax is due. Penalties and interest
reconciliation return with a copy of each apply to late returns, underpayments and
form W-2, 1099, and TC-675R showing late payments. If you change ownership,
wages and Utah withholding must be filed. location, or add outlets or additional stores,
The reconciliation return is due on or before you must notify the Tax Commission in writ-
February 28 if filing with paper, and March ing. Every license and account holder, who
31 if filing electronically. Employers with 250 discontinues business, is required to notify
or more withholding forms are required to the Tax Commission immediately. Tax li-
file their annual reconciliation electronically. censes or accounts are not transferable to
Filing due dates that fall on a weekend or new owners.
holiday are due the next business day. See Tax Record-keeping
Tax Commission Publication 32 and Publi-
cation 14 for more information on Utah Every seller is required to keep adequate
withholding taxes. and complete records necessary to deter-
mine the amount of tax liability.
Report address changes and business clo-
sures by filing form TC-69C, Notice of Records should be preserved for a period of
Change for a Tax Account. three years from the date the taxes are due,
filed or paid. Records shall be open for ex-
Forms: TC-941PC – Monthly Withholding
Payment Coupon amination at any time and without notice by
TC-941 – Quarterly Withholding Return the Tax Commission or its authorized
TC-941 – Annual Withholding Return agents. Failure to keep adequate records
TC-941R – Annual Withholding necessary to establish tax liability may re-
Reconciliation Return
TC-941D – Annual Withholding
sult in the taxpayer’s license being revoked.
Reconciliation Discrepancy Sales and Use Tax Records
Report
TC-69C – Notice of Change for a Tax
Sales tax records must include:
Account ! All sales and purchases of tangible per-
Publications:
Publication 14 – Withholding Tax Guide sonal property and services subject to
Publication 32 – Online Filing and Paying of the sales and use tax
Withholding and Mineral Production ! All receipts from rentals or leases of
Forms W-2, W-2c, 1099R, TC-675R, tangible personal property
TC-941, TC-96R and TC-941R
Publication 43 – Withholding Tax Electronic Funds ! All deductions and exemptions allowed
Transfer by law and claimed in sales tax returns
! Other books and records as the taxpay-
er’s business may require to show com-
pletely and adequately the liability of the corporation, LLC, LLP, partnership, or other
taxpayer entity may be held personally liable for that
entity’s failure to collect or remit certain trust
Tax Liabilities fund taxes. Trust fund taxes are monies the
Successor Liability entity is required to collect or withhold on
If you are purchasing a business, Utah law behalf of the state of Utah. The following
requires you to withhold enough of the pur- taxes are trust fund taxes:
chase money to cover any sales and use, ! Withholding tax
withholding and certain fuel taxes due and
! State and local sales and use tax
unpaid until the former owner of the busi-
! Transient room tax
ness produces a receipt from the Tax Com-
mission showing the taxes have been paid ! Tourism tax
or a certificate showing no taxes are due. If ! Municipal energy sales and use tax
you fail to withhold the required purchase ! Certain fuel taxes
money and the taxes remain due and unpaid If an entity required to collect trust fund taxes
30 days after the business is sold, you will fails to collect or remit those taxes, the Tax
be personally liable for payment of the taxes Commission may assess a penalty equal to
unpaid by the former owner. 100 percent of the unpaid trust fund taxes on
Personal Liability any responsible individual within the entity.
Individuals who control the finances of a
Minimum Wage/Child Labor can be obtained from UALD at the Utah La-
Contact: bor Commission.
Utah Labor Commission
If an enterprise or individual employee is
Antidiscrimination and Labor Division
subject to the Fair Labor Standards Act
The Utah Minimum Wage Act of 1990 es- (FLSA), the child labor provisions are differ-
tablishes a state minimum wage for those ent and generally more restrictive than state
employees not covered by a Federal Mini- law.
mum Wage. Where not covered by a Fed-
Antidiscrimination
eral Minimum Wage, the following minimum
UALD is charged with receiving, investigat-
wages apply:
ing and determining complaints of discrimi-
! Adults $6.55/hour nation in both employment and housing.
! Minors (under 18) $6.55/hour This is accomplished through complaint
! A minor employee may be paid processing, mediation, investigation, and
$4.25 an hour for the first 90 days of community outreach and education.
employment with an employer. Employment Discrimination
! Tipped adults and minors: $2.13 per The Utah Antidiscrimination Act applies to
hour and tip credit, plus additional all employers with at least 15 or more em-
amount from employer if necessary, to ployees. An individual must file a complaint
reach $6.55 an hour. within 180 days from the last date of harm
! See the Tipped Employees section for UALD to have jurisdiction to investigate
under Federal Labor and Wage In- the complaint.
formation for definition of tipped em-
ployees. It is a discriminatory or prohibited employ-
ment practice to refuse to hire, promote (or
Certain exemptions from state minimum fail to promote), discharge, demote, termi-
wage coverage apply. For more information nate, or retaliate against or discriminate in
you may contact the UALD of the Utah La- matters of compensation or in terms, privi-
bor Commission. leges, and conditions of employment, any
Youth Employment persons otherwise qualified, because of
Contact: race, color, sex, pregnancy or pregnancy-
Utah Labor Commission Antidiscrimination related conditions, age (40 and over), reli-
and Labor Division, or, gion, national origin, or disability.
U.S. Department of Labor Housing Discrimination
10 West 300 South, Suite 307 Under the Fair Housing Act, it is a prohibited
Salt Lake City, UT 84114 housing practice to discriminate in the ren-
801-524-5706 tal, sale and financing of residential housing
against any person who is otherwise quali-
No youth under the age of 16 shall be per- fied, because of that individual’s race, color,
mitted to work in excess of four hours in one sex, national origin, disability, religion, fa-
school day, nor before 5:00 a.m. or after milial status, disability, or source of income
9:30 p.m. unless the next day is not a (being a recipient of government assis-
school day, nor in excess of 8 hours in any tance).
24-hour period. Youth 14 and 15 years of
age can work in nonhazardous occupations Any person desiring information or assis-
such as retail stores, restaurants, fast food, tance may call UALD at the Utah Labor
service stations, lawn care, janitorial and Commission.
other occupations not determined harmful
by the Labor Commission. There are 17 ha-
zardous occupations that youth under the
age of 18 cannot perform. A complete list
Utah Occupational Safety and citations and proposed penalties for alleged
Health Division (UOSH) violations. Employers covered under the
UOSH Act include all private employers with
Contact: one or more workers, and all state and local
Utah Labor Commission government agencies including school dis-
160 East 300 South, 3rd Floor tricts and special service units. UOSH does
PO Box 146650 not cover mine operations, railroads or fed-
Salt Lake City, UT 84114-6650 eral employers.
801-530-6901 Fax: 801-530-7606
www.uosh.utah.gov Employers are required to report to UOSH
within eight hours of occurrence of any work
The mission of the Utah Occupational Safe- fatality, serious or significant injury or illness
ty and Health Division, also known as at their workplace, by calling UOSH 24
UOSH, or UTAH OSHA is to achieve com- hours a day at 801-530-6901. Employers
pliance and provide assistance with safety are also required to investigate all work re-
and health in Utah workplaces. UOSH has lated injuries or occupational diseases; and
the legislative intent to “preserve human If the injury or occupational disease results
resources by providing for the safety and in medical treatment, loss of consciousness,
health of workers”. UOSH approaches this loss of work, restriction of work or transfer to
goal by providing consultation services to another job, an Employer’s First Report of
private and public sector employers, by pro- Injury or Occupational Disease must be
viding outreach to employers through submitted to the Labor Commission within
UOSH’s compliance assistance, Voluntary seven days. First aid cases need not be
Protection Programs and Safety and Health submitted unless a physician is required to
Achievement Recognition Programs, and by file a report. Employees must be given a
enforcement of occupational safety and copy of this report.
health standards through their compliance
program activities. The following employer All information on injuries and occupational
and employee responsibilities contain only diseases submitted to the Labor Commis-
basic requirements of the Act. Employers sion by employers may also need to be rec-
must become familiar with other existing orded on the employers Occupational Injury
regulations prescribed by the Utah Occupa- and Illness Log, form 300. For questions
tional Safety and Health Act, found in Chap- concerning recordkeeping requirements and
ter 6, Title 34A of the Utah Code Annotated. other requirements of the Utah Code, con-
tact UOSH at 801-530-6901.
Employer Responsibilities.
The Utah Occupational Safety and Health Employee Responsibilities.
Act (Title 34A, Chapter 6) requires, that The Utah Occupational Safety and Health
every employer covered under the Act fur- Act (Title 34A, Chapter 6) states that it shall
nish to his employees employment and a be the duty and responsibility of any em-
place of employment which are free from ployee entering his or her place of employ-
recognized hazards that are likely to cause ment, to ascertain if the place is safe and if
death or serious physical harm to their em- the work can be performed safely. Also, to
ployees. The Act also requires that employ- immediately report unsafe work conditions
ers comply with occupational safety and to the employer. The Act also states that
health standards promulgated under the employees must comply with all safety rules
Act, and that employees comply with stan- of their employer and with all the rules and
dards, rules, regulations and orders issued regulations promulgated by UOSH which
under the Act applicable to employees ac- are applicable to their type of employment.
tions and conduct. The Act authorizes the
Utah Occupational Safety and Health Divi- Employees or their representatives may file
sion to conduct inspections, and to issue a complaint with UOSH if it is believed ha-
Employees also have the right to file a retal- Boiler/Pressure Vessel Inspection
iation or whistleblower complaint with Contact:
UOSH, if their employer retaliates against Utah Labor Commission
them by taking unfavorable personnel ac- Boiler/Pressure Vessel Section, Safety
tion because they engaged in protected ac- Division
tivity relating to workplace safety and health. 801-530-6850
UOSH Workplace Safety & Health
Boilers and pressure vessels in public build-
Consultation Services ings or businesses must be inspected and
Contact: certified for safe operation, as required un-
Utah Labor Commission der Chapter 7, Title 34A, Utah Code Anno-
160 East 300 South, 3rd Floor tated. High-pressure boilers must be in-
PO Box 146650 spected annually and low-pressure boilers
Salt Lake City, UT 84114-6650 every two years. Pressure vessels must be
801-530-6855, Fax: 801-530-6992 inspected every four years. If the boiler
pressure vessel is insured, insurance in-
Consultation safety and health services spectors deputized by the Safety Division
are available at no cost to Utah employers. inspect and report to the Labor Commis-
Consultation services are confidential and sion. If the owner of the boiler or pressure
provided only by employer request, without vessel elects to not insure a boiler to which
citations or penalties and will not result in a Utah’s boiler and pressure vessel law ap-
compliance inspection. These valuable ser- plies, the Safety Division of the Labor
vices include: Commission will do the inspection. Fees for
the certificates to operate range from $30 to
! Workplace surveys to identify and cor- $450. The Safety Division publishes a Utah
rect safety and health hazards Boiler and Pressure Vessel Compliance
! Review of safety and health programs, Manual as an aid to compliance. For infor-
policies and practices to ensure injury mation regarding boiler or pressure vessel
and illness prevention in the workplace safety, contact the Safety Division.
! Education of employers and training of
their employees in the recognition, Elevator Inspection
avoidance and prevention of unsafe or Contact:
unhealthful conditions in the workplace Utah Labor Commission
! Technical assistance to employers in Elevator Section, Safety Division
better understanding their safety and Elevators in public buildings or businesses
health obligations and rules regulating must be inspected and certified for safe op-
their work place conditions eration as required under Chapter 7, Title
34A, Utah Code Annotated. All elevator-like
devices (escalator, moving walk, wheelchair any job-related injury or illness. The em-
lift, or other similar transportation device) ployee is paid a certain percentage of his or
which transport people must be inspected her wages while unable to work, subject to a
every two years. Fees for the certificates to maximum, and an additional benefit for any
operate range from $85 to $700. The safety permanent partial impairment sustained due
Division publishes a Utah Elevator Safety to the industrial injury. All medical bills are
Compliance Manual as an aid to com- paid in full as long as they are related to the
pliance. For information regarding elevator industrial accident. In addition, benefits are
safety, contact the Safety Division. paid to the dependents of deceased work-
ers, as well as some burial expenses.
Mine Certification/Office of Coal Mine
Safety The Industrial Accidents Division, a division
Certain occupations in Utah’s coal mines of the Utah Labor Commission, will fine a
require certification, as required under minimum of $1,000, or up to three times the
Chapter 2, Title 40, Utah Code Annotated. amount of the premium (with premium de-
Certified mine electricians must re-certify fined as 150 percent of the average weekly
annually. Fees for the certification examina- wage times the highest number of em-
tions range from $20 to $50. For information ployees) of any non-complying employer for
regarding mine certifications, contact the violations of the mandatory insurance provi-
Miner Certification Office at 435-636-1465. sions of the Utah Code. The Division will
The Office of Coal Mine Safety may be also take legal action to close a place of
reached at 435-636-1467. business that does not provide workers’
compensation coverage for its employees.
Industrial Accidents Division
Ways to Obtain Coverage
Contact:
Utah Labor Commission Information about workers’ compensation
160 East 300 South, 3rd Floor insurance may be obtained by contacting
Salt Lake City, UT 84114-6610 the Utah Labor Commission at 801-530-
801-530-6800 6800. Generally, employers may:
Fax: 801-530-6804 1. Purchase coverage from any private
Workers’ Compensation Insurance insurance company authorized to
write workers’ compensation insur-
Most employers are required to have work- ance in Utah (an insurance broker can
ers’ compensation insurance. Subcontrac- be of assistance). The Workers Com-
tors who are sole proprietors, partners, and pensation Fund (WCF) is a private in-
members of limited liability companies are surance company also designated as
required to have either workers’ compensa- Utah’s insurer of last resort.
tion insurance or a Workers’ Compensation
Coverage Waiver (WCCW). 2. Apply to the Utah Labor Commission
for permission to self-insure. This pri-
An employer is defined under the Workers’ vilege is granted only to large employers
Compensation Act as one who employs one with firm financial status and well-
or more workers or operatives regularly in documented loss records, such as public
the same business. Other criteria include utilities, government entities, and nation-
being in or related to the same establish- al corporations.
ment, under any contract of hire, express or
implied, oral or written, including aliens and Who Should Be Covered
minors. Every employer, including subcontractors
By covering employees under the Workers’ who are sole proprietors and partners, with
Compensation Act, the employer generally the exception of some agriculture and do-
is ensured immunity from lawsuits due to
mestic employers must provide workers’ who employs one or more employees
compensation insurance for employees. using state or federal funds as used in
34A-2-104 5(d).
The statutory employer law changed on
May 1, 1995, making a general contractor 3. Personal residential employer who
liable for subcontractors who do not have employs an individual to do work on the
workers’ compensation coverage. person’s personal residence.
All employers who use the services of true 4. Real estate or insurance companies
independent contractors should obtain proof may have independent contractors (not
of workers’ compensation insurance and considered employees under the Utah
liability insurance coverage from the inde- Workers’ Compensation Act) working as
pendent contractors. Also, a formal, written a real estate or insurance agent or bro-
contract should be maintained, which clearly ker, if the following three conditions ap-
outlines the nature of the contrac- ply:
tor/independent contractor relationship.
! Substantially all of the real estate or
The Labor Commission’s Adjudication Divi- insurance agent’s or broker’s income
sion judges look for a preponderance of for services is derived from commis-
evidence when reviewing the above factors. sions
Insurance company auditors can review ! The services of the real estate or in-
employers’ records to determine if a true surance agent or broker are per-
contractor/independent contractor relation- formed under a written contract speci-
ship exists and retroactively bill for all un- fying that the agent or broker is an in-
declared employees. If the employer has dependent contractor
any questions, he or she should obtain legal
! The contract states that the real estate
advice.
or insurance agent or broker is not to
Who is Not Required to Be Covered be treated as an employee for federal
The following employers are not required to income tax purposes
provide workers’ compensation insurance Publications available through IAD:
coverage. Coverage is, however, available Utah Workers’ Compensation Act – $5.00
Utah Administrative Rules – $5.00
to any of these who choose to acquire it. Utah Employer’s Guide – no charge
1. Agricultural employer who meets ei- Utah Employee’s Guide – no charge
ther of the following conditions:
! Their employees are all members of
the immediate family of the employer
provided the inclusion of any imme-
diate family member under the provi-
sions of this title is at the option of the
employer.
! Their annual payroll is less than
$8,000 or annual payroll is $8,000 to
$50,000 and the employer chooses
general liability coverage of $300,000
and $5,000 in health coverage for
each employee.
2. Domestic employer who employs one
or more employees for less than forty
hours per week or a domestic employer
Internal Revenue Service (IRS) ! Amounts and dates of all wage pay-
ments subject to employment taxes
IRS Offices: ! Names, addresses, occupations and
50 South 200 East social security numbers of employees
Salt Lake City, UT 84111 ! Period of employment (hiring date, ter-
324 25th Street, 6th Floor mination date)
Ogden, UT 84401 ! Periods for which employees are paid
while absent for illness or injuries and
88 West 100 North the amount of payment
Provo, UT 84601 ! Employees’ W-4, Withholding Exemp-
IRS and State Tax Commission: tion Certificates
210 North 1950 West ! Duplicate copies of quarterly and annual
Salt Lake City, UT 84134 returns filed
Phone Numbers: ! Dates and amounts of any tax deposits
1-800-829-3676 (forms) made
1-800-829-1040 (information) These records should be kept for a period of
703-368-9694 (tax fax) at least four years after the respective date
Internet: www.irs.gov the taxes are due or the date taxes are paid,
whichever is later.
IRS on the Internet
Federal Withholding Requirements
Taxpayers can access and print federal tax
forms, instructions, tax publications and Federal employment taxes include taxes
other tax information from the Internet at withheld from an employee’s pay by the
www.irs.gov. employer, such as federal income tax, FICA
(Social Security) and Medicare, as well as
Federal Tax Registration federal unemployment tax (FUTA) paid by
Any newly formed business which pays the employer only.
wages to one or more employees, or is re- The federal Publication 15,Circular E, Em-
quired to file federal reports, must apply for ployer’s Tax Guide, provides information
a federal Employer Identification Number about the employer/employee relationship,
(EIN) using Form SS-4. Complete Form SS- what constitutes taxable wages, the treat-
4 and apply by fax, phone or internet. The ment of special types of employment, and
fax and telephone numbers are listed in the special types of payments. The IRS also
instructions for Form SS-4. Use the above offers Publication 334, Tax Guide for Small
website and search for SS-4 to gain access Business. Free copies are available at local
to the internet application process. offices of the Internal Revenue Service or
The EIN is required on federal forms, as by calling 1-800-829-3676.
well as state and local government forms. It Income Tax Withholding
is also required as identification on business An employer must withhold income tax from
accounts, such as bank accounts, broker- an employee’s wages, regardless of the
age accounts, vendor accounts, etc. amount paid. There are no minimum or
Form: SS-4 – Application for Employer maximum amounts of gross income from
Identification Number which to withhold.
Federal Employer Record-keeping The amount of income tax withheld from the
employee’s gross wages is determined by:
The IRS does not normally prescribe the
form a business should follow in keeping ! Gross wages
employee records; however, the information ! Pay-period frequency
maintained should include the following: ! Marital status
! Exemptions claimed on the employee’s A Federal Tax Deposit, Form 8109, must
W-4 accompany each deposit of withheld income
and Social Security taxes if you are using
The employer uses the information fur-
the bank deposit method. After applying for
nished by the employee on Form W-4 along
a federal Employer Identification Number,
with the Circular E tables to determine the
one deposit form is automatically mailed to
amount of income tax to withhold for each
each employer. More may be ordered if the
pay period. If an employee fails to furnish a
employer does not choose to use EFTPS. If
W-4, the employer must withhold taxes as if
none are received, Form 8109B can be ob-
the employee were single and had one
tained at your local IRS office.
withholding exemption. Copies of Form W-4
may be required by the IRS. Electronic Federal Tax Payment System
(EFTPS) is a payment system offered free
Social Security and Medicare Taxes (FICA) from the U.S. Department of the Treasury,
The Federal Insurance Contributions Act designed with busy taxpayers in mind. Us-
(FICA) was enacted to insure income for ing the Internet or a phone, you input your
retired persons who work for a certain pe- tax payment information and send it.
riod of time before their retirement. Social
Security and Medicare taxes are paid by the This electronic payment system is an alter-
employee and employer. There is a yearly native to the paper depositing system. More
ceiling on the amount of wages subject to than 4.6 million taxpayers are enrolled in
FICA taxes. EFTPS, saving time and money by paying
their federal business taxes electronically.
Nearly all employees, employers and self-
employed people are required to participate You can get more information about EFTPS
in the Social Security Program. Employers by going to their website at www.eftps.gov,
are required to withhold the appropriate or you can contact your local IRS office.
percentage from an employee’s pay and Form: 8109 - Federal Tax Deposit filed with each
provide the employee a receipt for this de- withholding deposit
duction. The employer is required to keep
Quarterly Filing Requirements
records for each employee, match the em-
An employer required to withhold income or
ployee’s contribution, and make periodic
Social Security taxes must file form 941
deposits. Additional information can be ob-
quarterly reporting the amounts withheld.
tained from the Internal Revenue Service or
the Social Security Administration. Criminal and civil penalties are provided for
the willful failure to file returns and pay the
Depositing Requirements tax or for willfully filing false or fraudulent
An employer may be required to deposit
returns.
employment taxes. This can be done by us-
ing the Electronic Federal Tax Payment Form: 941 - Employer’s Quarterly Federal Tax
Return
System (EFTPS) or by depositing funds with
an authorized commercial bank, domestic Deadline: Last day of month following close of each
savings and loan association, credit union, quarter
or a Federal Reserve Bank. Any new busi- Quarters Due Dates
ness indicating employees on their SS-4 Jan. - March April 30
April - June July 31
application will automatically be enrolled in
July - Sept. October 31
EFTPS. Information will be mailed to the Oct. - Dec. January 31
new business concerning this time saving
electronic tax payment system. Further in- Annual Filing Requirements
formation on general depositing require- Contact:
ments may be found in Circular E. Social Security Administration
46 West 300 South, Suite 100
Salt Lake City, UT 84101
your income and expenses will depend on To estimate your federal income tax and
your business structure. Corporations nor- self-employment tax, use IRS Form
mally file on Form 1120 or Form 1120S. 1040ES. Form 1040ES has instructions, a
Partnerships will normally file Form 1065. worksheet, and four declaration vouchers
Sole proprietors normally report income and for use in sending estimated tax payments.
expenses on Schedule C of Form 1040. Use the worksheet to determine any income
tax or self-employment tax you may owe.
When income or losses are received by a
Federal estimated payments are due quar-
shareholder, partner or a sole proprietor, the
terly. You may be charged a penalty if you
information may be carried over separate
do not make required payments in the cor-
schedules, and then to Form 1040. Informa-
rect amount or in a timely manner.
tion on necessary forms or schedules can
be obtained from the IRS. Electronic Federal Tax Payment System
(EFTPS) is offered free from the U.S. De-
Estimated Tax for Individuals
partment of Treasury, designed with busy
When profits are to be carried over to Form
taxpayers in mind. Using the Internet or a
1040 by a sole proprietor, partner, or share-
phone, you input your tax payment informa-
holder, it is possible that a declaration of
tion and send it.
estimated tax would be required. To deter-
mine if you are required to pay federal esti- The electronic system is an alternative to
mated tax payments, first project your net filing Form 1040ES on paper. You can
taxable income for the year. This estimate schedule your payments up to 365 days in
will include your profit or loss from the busi- advance and payments will be made on the
ness, combined with any other taxable in- scheduled dates. An EFT acknowledgment
come you received for the year. You may be number is received upon successful com-
required to pay estimated tax payments if pletion and acceptance of the payment.
you do not have withholding to cover 90% of
You can schedule all four estimated pay-
the total tax due for the year or 100% of
ments in one transaction. This eliminates
your prior year’s tax liability, and your tax
the chance of estimated payments being
due exceeds $1,000.
late or lost in the mail, and reduces the
Your estimated tax payment may include chances of being assessed an estimated
additional income tax due on business prof- tax penalty.
its and self-employment tax. The self-
You can get more information about EFTPS
employment tax provides Social Security
on the Internet at www.eftps.gov, or you can
coverage for self-employed workers. It is
contact your local IRS office.
paid by self-employed persons in place of
Social Security tax and Medicare payments Form: Form 1040ES - Estimated Tax for Indi-
viduals
that are normally withheld and matched by
an employer. Self-employment tax is com- Deadlines: Quarterly - April 15, June 15, September
puted on Schedule SE and attached to 15, January 15
Form 1040.
Federal Labor and Wage Information Any enterprise that was covered by FLSA
The Fair Labor Standards Act (FLSA) estab- on March 31, 1990, and that ceased to be
lishes minimum wage, overtime pay, record covered because of the increase in the en-
keeping and child labor standards affecting terprise coverage dollar volume test, must
full-time and part-time workers in the private continue to pay its employees not less than
sector and in federal, state and local gov- $3.35 an hour and continues to be subject
ernments. to the overtime pay, child labor and record
keeping provisions of FLSA.
Covered non-exempt workers are entitled to
a minimum wage of not less than $6.55 an Employers of firms that are not covered en-
hour effective July 24, 2008, and $7.25 per terprises under FLSA may still be subject to
hour effective July 24, 2009. Overtime pay its minimum wage, overtime pay and child
at a rate of not less than one and one-half labor provisions if the employees are indivi-
times an employee’s regular rates of pay is dually engaged in interstate commerce or in
required after 40 hours of work in a work- the production of goods for interstate com-
week. merce. Such employees include those who:
before 7 a.m., nor end after 7 p.m., ex- as specified in Department of Labor record-
cept from June 1 through Labor Day keeping regulations. Most of the information
when evening hours are extended to 9 is of the kind generally maintained by em-
p.m. Under a special provision, youths ployers in ordinary business practice and in
14 and 15 years old enrolled in an ap- compliance with other laws and regulations.
proved Work Experience and Career The records do not have to be kept in any
Exploration Program may be employed particular form, but time clocks need not be
for up to 23 hours in school weeks and 3 used. With respect to an employee subject
hours on school days including during to the minimum wage provisions or both the
school hours. minimum wage and overtime pay provi-
The minimum age for most nonfarm work is sions, the following records must be kept:
14. However, at any age, youths may deliv- ! Personal information, including em-
er newspapers; babysit; perform in radio, ployee’s full name, social security num-
television, movie, or theatrical productions; ber, home address, occupation, sex,
work for parents in their solely-owned non- and birth date if under 19 years of age
farm business except in manufacturing or ! Hour and day when workweek begins
on hazardous jobs. ! Total hours worked each workday and
Farm Jobs (Child Labor) each workweek
In farm work, permissible jobs and hours of ! Regular hourly pay rate
work, by age, are as follows: ! Basis on which employee’s wages are
1. Youths 16 years and older may perform paid
any job, whether hazardous or not, for ! Total daily or weekly straight-time earn-
unlimited hours. ings
2. Youths 14 and 15 years old may per- ! Regular hourly pay rate for any week
form any nonhazardous farm job outside when overtime is worked
of school hours. ! Total overtime pay for the workweek
3. Youths 12 and 13 years old may work ! Deductions from or additions to wages
outside of school hours in nonhazardous ! Total wages paid each pay period
jobs, either with a parent’s written con- ! Date of payment and pay period cov-
sent or on the same farm as the par- ered
ent(s).
4. Youths under 12 years old may perform Records required for exempt employees
jobs on farms owned or operated by differ from those for nonexempt workers.
parent(s), or with a parent’s written con- Special information is required for home-
sent, outside of school hours in nonha- workers, for employees working under un-
zardous jobs on farms not subject to the common pay arrangements, for employees
FLSA minimum wage requirements. to whom lodging or other facilities are fur-
5. Local Youths 10 and 11 may hand harv- nished, and for employees receiving re-
est short-season crops outside school medial education.
hours for no more than 8 weeks be- Americans With Disabilities Act
tween June 1 and October 15 if their
employers have obtained special waiv- Contact:
ers from the Secretary of Labor. U.S. Department of Justice
Youths of any age may work at any time in Disability Rights Section
any job on a farm owned or operated by 1-800-514-0301 (voice)
their parent(s). 1-800-514-0383 (TDD)
www.ada.gov
Record-keeping
The Americans With Disabilities Act (ADA)
The FLSA requires employers to keep prohibits discrimination against people with
records on wages, hours, and other items, disabilities in employment, transportation,
Tax Commission
Beer Tax TC-386 31 28 31 30 31 30 31 31 30 31 30 31
Insurance Premium Tax
31
TC-49
Insurance Premium Tax Prepayments
30 31 31
TC-670 or TC-420B
Annual Sales Tax and Related Taxes*
31
TC-62S or TC-62M and Schedules
Quarterly Sales and Related Taxes*
31 30 31 31
TC-62S or TC-62M and Schedules
Monthly Sales Tax and Related Taxes*
31 28 31 30 31 30 31 31 30 31 30 31
TC-62S or TC-62M and Schedules
Annual Withholding TC-941 31
Quarterly Withholding TC-941 31 30 31 31
Monthly Withholding Payments
31 28 31 30 31 30 31 31 30 31 30 31
TC-941PC
Annual Withholding Reconciliation
28
TC-941R and W-2s, 1099s, TC-675Rs
Corporate Income Estimated Tax
15 15 15 15
TC-559
Notes: Due dates falling on weekends and holidays are due the next business day.
* Related taxes and fees are resort, transient room, tourism taxes, and the waste tire recycling fee.
** Payments may be due before the return; see Deposit Rules, IRS Pub 509.
*** Fiscal year returns are due on the 15th day of the third month following the end of the fiscal year.
**** Fiscal year returns are due on the 15th day of the fourth month following the end of the fiscal year.
Salt Lake City ..................... 801-746-2269 Corporate Recruitment 1901 E. South Campus Drive, Rm 151
Ogden ................................ 801-629-8613 and Incentives ............... 801-538-8792 Salt Lake City, UT 84112-9351
Logan ................................. 435-213-8713 Procurement Technical 801-581-7450
St. George .......................... 435-652-7741 Assistance Center ......... 801-533-8733 Fax: 801-581-8609
Pleasant Grove .................. 801-798-0273 Rural Development ............ 801-538-8804 UTFC Financing Solutions, LLC
U.S. Copyright Office Utah Recruitment 699 E. South Temple, Suite 220
U. S. Library of Congress Initiative ......................... 801-538-8700 Salt Lake City, UT 84102
James Madison Memorial Building International Trade and 801-741-4200
Washington DC 20559 Diplomacy Office ........... 801-538-8778 Fax: 801-741- 4249
Utah Film Commission....... 801-538-8740 www.utfc.org
Order Line .......................... 202-707-9100 Utah Office of Tourism Cooperative
Information Line ................ 202-707-3000 Marketing Program ........ 801-538-1727 Utah Trial Lawyers Association
U.S. Department of Labor Referral Service
Utah Technology Council – UTC 645 South 200 East, Suite 103
Wage and Hour Division 2855 East Cottonwood Parkway, Ste 110
Employment Standards Administration Salt Lake City, UT 84111
Salt Lake City, UT 84121 801-531-7514
150 South Social Hall Ave, Suite 695 Phone: 801-568-3500
Salt Lake City, UT 84111 Fax: 801-568-1072 Utah Ventures
801-524-5706 www.uita.org 2755 E Cottonwood Pkwy, Suite 520
www.wagehour.dol.gov Salt Lake City, UT 84121
Utah Labor Commission 801-365-0262
U.S. Government Printing Office 160 East 300 South
Superintendent of Documents Salt Lake City, UT 84114-6630 Utah’s Job Connection
732 North Capitol Street N.W. 801-530-6800 See Department of Workforce Services
Washington DC 20401 www.laborcommission.utah.gov Wayne Brown Institute
202-512-1800 P.O. Box 2135
Industrial Accidents............ 801-530-6800
U.S. Securities & Exchange Antidiscrimination and Salt Lake City, UT 84110-2135
Commission Labor ............................ 801-530-6801 801-595-1141
Salt Lake District Office Consultation and Zions Business Resource Center
15 W. South Temple, Suite 1800 Education ....................... 801-530-6855 JC Penny Building
Salt Lake City, UT 84101 Safety, Boiler, and Elevator 310 South Main, North Mezzanine
801-524-5796 Certification .................... 801-530-6850 Salt Lake City, UT 84101
U.S. Small Business Administration Mine Certification ............... 435-636-1465 801-594-8245
Federal Building, Room 2231 Utah Occupational Safety & Health Email: resource@zionsbank.com
125 South State Street Division (UOSH) www.resources.zionsbank.com
Salt Lake City, UT 84138 Utah Labor Commission
801-524-3209 rd
160 East 300 South, 3 Floor
E-mail: steven.price@sba.gov Salt Lake City, UT 84114-6650
www.sba.gov 801-530-6901
U.S. Dept. of Agriculture Utah Small Business Development
Rural Development Centers (SBDC)
Wallace F Bennett Federal Building 9750 South 300 West - LHM
th
125 South State Street, 4 Floor Sandy UT 84070
Salt Lake City, UT 84138 801-957-3481
801-524-5003 www.UtahSBDC.org
E-mail: perry.mathews@ut.usda.gov
www.rurdev.usda.gov/rbs/ (see Step 2 for listing of statewide SBDC
www.rurdev.usda.gov/ut addresses)
Utah Association of Certified Public Utah Society of Public Accountants
Accountants – UACPA 757 East South Temple, #125
220 East Morris Ave., Suite 320 Salt Lake City, UT 84102
Salt Lake City, Utah 84115 801-363-1776
801-466-8022 Utah State Bar
Utah Custom Fit Training 645 South 200 East
Utah College of Applied Technology Salt Lake City, UT 84111
(UCAT) 801-531-9077
The Gateway Utah State Office of Education
60 South 400 West 250 East 500 South
Salt Lake City, UT 84101-1284 P.O. Box 144200
801-456-7400 Salt Lake City, UT 84114-4200
Fax: 801-456-7425 801-538-7500
Governor’s Office of Economic Devel- Utah State Tax Commission
opment (GOED) 210 North 1950 West
324 South State, Suite 500 Salt Lake City, UT 84134
Salt Lake City, UT 84111 801-297-2200 or 1-800-662-4335
801-538-8700 www.tax.utah.gov
Fax: 801-538-8888 Utah Supplier Development Council
goed.utah.gov U of U Purchasing Department
Centers of Excellence ........ 801-538-8700 University of Utah