(1) (a) Subject to Subsection (1)(b), a producer required to deduct and withhold an amount under this chapter shall file a withholding return with the commission: (i) for the amounts required to be deducted and withheld under this chapter during the preceding calendar quarter; (ii) in an electronic format approved by the commission; and (iii) that contains any information the commission requires. (b) A withholding return described in Subsection (1)(a) is due on or before the last day of April, July, October, and January. (c) (i) Each producer shall file an annual return containing the information that the commission requires. (ii) The producer shall file the annual return: (A) in an electronic format the commission approves; and (B) on or before January 31 of the year following that for which the return is made. (2) (a) If a producer receives an exemption certificate filed in accordance with Section 59-6-102.1 from a business entity, the producer shall file a withholding return with the commission: (i) in a format the commission approves; and (ii) on or before the January 31 following the last day of the taxable year for which the producer receives the exemption certificate from the business entity. (b) The withholding return required by Subsection (2)(a) shall contain: (i) the name and address of the business entity that files the exemption certificate in accordance with Section 59-6-102.1; (ii) the amount of the payment made by the producer to the business entity that would have been subject to deduction and withholding under this chapter had the business entity not filed the exemption certificate in accordance with Section 59-6-102.1; (iii) the name or description of the property from which the production of minerals occurs that would have resulted in a payment subject to deduction and withholding under this chapter had the business entity not filed the exemption certificate in accordance with Section 59-6-102.1; and (iv) the interest of the business entity in the production of minerals that would have resulted in a payment subject to deduction and withholding under this chapter had the business entity not filed the exemption certificate in accordance with Section 59-6-102.1. (3) (a) Subject to Subsections (3)(b) and (c), the commission shall require a producer that issues the following forms for a taxable year to file the forms with the commission in an electronic format approved by the commission: (i) a federal Form 1099 filed for purposes of withholding under this section; or (ii) a federal form substantially similar to a form described in Subsection (3)(a)(i) if designated by the commission in accordance with Subsection (3)(d). (b) A producer that is required to file a form with the commission in accordance with Subsection (3)(a) shall file the form on or before January 31. (c) A producer that is required to file a form with the commission in accordance with Subsection (3)(a) shall provide: (i) accurate information on the form; and (ii) all of the information required by the Internal Revenue Service to be contained on the form. (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, for purposes of Subsection (3)(a), the commission may designate a federal form as being substantially similar to a form described in Subsection (3)(a)(i) if: (i) for purposes of federal individual income taxes, a different federal form contains substantially similar information to a form described in Subsection (3)(a)(i); or (ii) the Internal Revenue Service replaces a form described in Subsection (3)(a)(i) with a different federal form.
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