Circumstances under which an employer is not required to deduct and withhold a tax.
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(1) Notwithstanding any other provision of this chapter, an employer is not required to deduct and withhold any tax under this chapter upon a payment of wages to an employee:
(a) if there is in effect with respect to the payment a withholding exemption certificate furnished to the employer by the employee, certifying that the employee:
(i) incurred no liability for a tax imposed under this chapter for the employee's immediately preceding taxable year; and
(ii) expects that the employee will not incur liability for a tax imposed under this chapter for the employee's current taxable year; or
(b) if the employer:
(i) is an out-of-state business as defined in Section 53-2a-1202; and
(ii) pays the wages as compensation for services performed in response to a declared state disaster or emergency as defined in Section 53-2a-1202.
(2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission shall provide for the coordination of this section with Section 59-10-402.