Statements for mines -- Penalty for failure to file statement or information -- Assessment without statement -- Penalty -- Waiver, reduction, or compromise of penalty -- Extension of time for filing statement -- Appeals

# (1)

# (a)

A person, or an officer or agent of that person, owning or operating property described in Subsection (1)(b) shall file with the commission, on a form prescribed by the commission, a sworn statement on or before March 1 of each year:

(i) showing in detail all real property and tangible personal property located in the state that the person owns or operates; and

(ii) containing any other information the commission requires.

# (b)

Subsection (1)(a) applies to the following property:

(i) a mine;

(ii) a mining claim; or

(iii) a valuable mineral deposit, including lands containing coal or hydrocarbons.

# (c)

(i)
The commission may allow an extension for filing the statement under Subsection (1)(a) for a time period not exceeding 30 days, unless the commission determines that extraordinary circumstances require a longer period of extension.

(ii)
The commission shall grant a person, or an officer or agent of that person, an extension for filing the statement under Subsection (1)(a) for a time period not exceeding 15 days if:

(A) a federal regulatory agency requires the taxpayer to file a statement that contains the same information as the statement under Subsection (1)(a); and

(B) the person, or an officer or agent of that person, requests the commission to grant the extension.

# (2)

The commission shall assess and list the property described in Subsection (1)(b) using the best information obtainable by the commission if a person, or an officer or agent of that person, fails to file the statement required under Subsection (1)(a) on or before the later of:

# (a)

March 1; or

# (b)

if the commission allows an extension under Subsection (1)(c) for filing the statement, the day after the last day of the extension period.

# (3)

# (a)

Except as provided in Subsection (3)(c), the commission shall assess a person a penalty as provided in Subsection (3)(b), if the person, or an officer or agent of that person, fails to file:

(i) the statement required under Subsection (1)(a) on or before the later of:

(A)
March 1; or

(B) if the commission allows an extension under Subsection (1)(c) for filing the statement, the day after the last day of the extension period; or

(ii) any other information the commission determines to be necessary to:

(A) establish valuations for assessment purposes; or

(B) apportion an assessment.

# (b)

The penalty described in Subsection (3)(a) is an amount equal to the greater of:

(i)
10% of the person's estimated tax liability under this chapter for the current calendar year not to exceed $50,000; or

(ii)
$100.

# (c)

(i)
Notwithstanding Subsections (3)(a) and (4), the commission may waive, reduce, or compromise a penalty imposed under this section if the commission finds there are reasonable grounds for the waiver, reduction, or compromise.

(ii)
If the commission waives, reduces, or compromises a penalty under Subsection (3)(c)(i), the commission shall make a record of the grounds for waiving, reducing, or compromising the penalty.

# (4)

The county treasurer shall collect the penalty imposed under Subsection (3) as provided in Section 59-2-1308.

# (5)

A person subject to a penalty under Subsection (3) may appeal the penalty according to the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act.