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STARTING AND OPERATING A BUSINESS IN UTAH Copyright © 2008, Michael D. Jenkins CHAPTER 18
CONTENTS OF THIS CHAPTER:
I. INTRODUCTION I. INTRODUCTION The state of Utah is an excellent place to start or operate a business. In 2004, USA Today ranked Utah #1 in the nation, as the fiscally best-managed state in the nation, and the state has a rare triple-A credit rating. In addition to its spectacular scenic beauty, world-class ski resorts and five major national parks that draw millions of tourists from around the world, it offers an excellent business climate and a highly motivated, well-educated workforce, making it a profitable place to do business, as well as extremely livable. Business Week in 2002 ranked Salt Lake City as the #4 "hotspot" in the country for entrepreneurs, and Utah ranks first in the nation in the percentage of households with computers. Also, in August, 2007, Moody's Economy.com estimated the "cost of doing business" in Utah was only 91% of the national average. Utah has a reputation for being extremely helpful to high-tech startup businesses, and it has seen some of the most rapid growth in high-tech employment of any state in the union in recent years, with major local software companies like WordPerfect and Novell having grown to international prominence. In addition, Brigham Young University was ranked #1 nationally among all universities in 2002, in the number of start-up companies it has launched for every $10 million spent on research. Utah is one of the few states that allows taxpayers a research tax credit, similar to the federal R & D tax credit, but at a rate of 5% in 2008, 6.3% in 2009, and 9.2% thereafter of the qualified research expenses, as computed under federal tax law. Otherwise, Utah has a fairly typical tax and legal structure under which businesses must operate. Like most states, Utah imposes an income tax on individuals, a franchise tax (based on income) on corporations, a sales and use tax, various excise taxes, with property taxes imposed at the local level. The state has also adopted a limited liability company (LLC) law, and a limited liability partnership (LLP) law, so that businesses operating in Utah in LLC or LLP form may obtain the advantages of limited liability, without incorporating or becoming subject to corporate taxation, generally. Utah has a generally business-friendly legal and tax structure, exemplified by its complete exemption of business inventories and all intangible property from property tax, and the repeal, several years ago, of its bulk sale notification requirements upon purchase of a business. In September, 2006, Governor Huntsman signed into law a new flat-rate state individual income tax. Utah taxpayers were allowed to choose between filing under the old tax system, with numerous deductions but a higher maximum tax bracket of 6.98% or the new flat tax (with no deductions allowed), at a single rate of 5.35%, beginning in 2007. In addition, under recent sales tax legislation, the sales tax rate on food and food ingredients was reduced by 2%, effective as of January 1, 2007. UPDATE NOTE: Until recently, the state's economy has been quite robust, in terms of the level of unemployment, which has been among the lowest in the United States, and Utah has also had one of the highest population growth rates in the nation recently. Utah had added new jobs at an average rate of 44,300 annually for the previous 4 years, but in the last year, job growth has stalled, as the nation moved into a recession and falling construction activity, softening home prices, and a global financial crisis have ensued. As a result, Utah has seen essentially no increase in jobs in the 12 months ending in September, 2008. Even though the unemployment rate in Utah has risen from from only 2.8% a year ago to 3.7% in November, 2008, Utah still has one of the lowest levels of unemployment in the nation. This rate compares very favorably to the national unemployment rate of 6.8% for November, 2008. While the growth of the nation's and Utah's economy has slowed to almost zero recently, it appears likely that Utah will continue to have one of the better-performing economies of any of the states. In addition, although its top income tax rate is still slightly higher than some of the neighboring states, Utah's very low property tax rates have helped to keep home ownership costs and the general cost of living relatively low in Utah. To view the latest federal Bureau of Labor Statistics unemployment rate data for Utah or any other state, visit the BLS website. II. LEGAL ENTITIES -- FILING FEES AND REPORTING REQUIREMENTS. (a) In General. A business that operates in Utah can operate as a sole proprietorship, a general or limited partnership, a corporation, or a limited liability company. In addition, like the federal tax law, the state income tax law also recognizes S corporations, for income tax purposes, and generally allows the income or losses of an S corporation to "flow through" and be taxed or deducted at the shareholder level, rather than taxing the corporation itself as an entity. Utah also provides for limited liability partnerships, in which no partner is liable for debts of the partnership, in general, as in the case of a corporation or LLC, but with fewer legal formalities than are required for either a corporation or an LLC. Each of the above entities is discussed below, along with the basic requirements for forming such an entity and any general ongoing (non-tax) reporting requirements that are applicable to it. The tax treatment of each form of legal entity is discussed in Section IV below. (b) Sole Proprietorships. In general, sole proprietorships in Utah can be set up with no formalities. However, as discussed in Section IV(b), it will typically be necessary to obtain one or more local business licenses from cities or counties in which you operate and, in some cases, state licenses, as well. The state also requires a sole proprietorship that operates under a name other than the name of the owner, or any other assumed name or "DBA" ("Doing Business As") name that implies the existence of other owners, such as "Jones & Co.," to register the assumed name, as discussed in Section IV(g). In addition, if you sell any kind of tangible personal property at retail or provide certain types of services, you may be required to obtain a sales tax license and collect sales tax, as discussed in Section IV(d). No separate tax form filing is required, generally, for a sole proprietorship, under the Utah income tax law. Instead, as with the Schedule C on your federal Form 1040, you simply report the net income or loss from your sole proprietorship on your state personal income tax return. See Section IV(c) for information on the Utah income tax and filing requirements for individuals. Doing business as a sole proprietor in Utah is generally much simpler than operating as any other kind of business legal entity. As a sole proprietor, if you have no employees, you are not required to pay any unemployment taxes, withhold any federal or state income tax from wages, or obtain workers' compensation coverage for yourself. (c) Partnerships. Utah's partnership laws allow creation of either a general partnership, in which all partners are liable for the debts of the business, or a limited partnership, in which only the general partners are liable for debts, while the liability of limited partners is limited to the amount they have invested, usually. State law also allows for the creation of a limited liability partnership, in which no partner has personal liability (subject to certain exceptions). As is discussed in Section IV(b), it will generally be necessary to obtain one or more local business licenses from cities or counties in which you operate and, in some cases, state licenses, for any type of partnership, including general or limited partnerships, or limited liability partnerships. In addition, any partnership or other business that has employees will generally have to register for, and pay, state unemployment tax on wages paid, as discussed in Section V(b). Partnerships, as entities, are not subject to state income tax in Utah. Instead, the income or losses of the partnership, as allocated among the partners, must be reported on the personal income tax returns of the individual partners (or on the corporate tax returns of any corporate partners). Partnerships are required to file an annual tax information return with the state. For details on Utah partnership tax return filing requirements, see Section IV(c). A partnership agreement, for any type of partnership, should spell out in considerable detail such matters as the following:
As a rule, general partnerships in Utah can be formed with no formalities, although it is highly advisable to have a written partnership agreement. However, as discussed in Section IV(b), it will generally be necessary to obtain one or more local business licenses from cities or counties in which you operate and, in some cases, state licenses, as well. A limited partnership, in which there is at least one general partner (who is liable for partnership debts) and at least one limited partner (not liable for partnership debts), may also be formed under Utah law. Unlike a general partnership, a limited partnership must generally have a written partnership agreement, and must file a certificate of limited partnership with the Utah Department of Commerce, Division of Corporations and Commercial Code. The certificate must be filed together with the applicable filing fee, which changes frequently. Effective since July 1, 2004, the filing fee is $52, and the annual renewal fee $12. All limited partnerships registered in Utah are required to file annual reports with the Division of Corporations and Commercial Code. There is an annual renewal fee of $12. For information on limited partnership filing requirements, see the contact information for the offices of the Division of Corporations and Commercial Code, listed in Section VI(a). LIMITED LIABILITY PARTNERSHIPS Limited liability partnerships (LLP's) are a relatively new form of partnership permitted under the laws of Utah. Somewhat like an LLC, an LLP provides a degree of limited liability for its owners, while retaining the tax advantages of a partnership for federal and Utah state income tax purposes. However, unlike an LLC, an LLP typically operates like a regular partnership, and is not required to file articles of organization. Partners in a general partnership can obtain a certain degree of limited liability by simply registering the partnership with the state as an LLP. However, an LLP does not generally offer the same degree of liability protection as a corporation or LLC, since, under Utah law, an LLP only protects a partner from liabilities arising from the misconduct or negligence of another partner. A partner in an LLP is liable for his own negligence, wrongful acts, or misconduct. Thus, LLP's are mainly utilized by professional partnerships in Utah, as Utah's LLP law provides somewhat less liability protection than the LLP laws in some other states. To form an LLP in Utah, you must register an existing Utah partnership and pay a filing fee of $22 to the Department of Commerce, Division of Corporations and Commercial Code. Foreign LLP's, those created under the laws of another state, if already registered as LLP's in another state, are also required to register with the Division of Corporations, and must pay the same registration fee as a domestic (Utah) LLP. LLP's must file annual renewal registrations and pay a $22 fee with each such report to the Division of Corporations and Commercial Code. For more information on LLP registration and reporting requirements, see the contact information for the offices of the Department of Commerce, Division of Corporations and Commercial Code, listed in Section VI(a). Note that one potential drawback of LLP's, if you will do business in other states besides Utah, is that some other states, namely California and New York, will only recognize certain types of professional partnerships as LLP's. If yours is not a professional partnership, those states may simply treat your LLP like an ordinary general partnership, with no limitation of liability. (d) Corporations. To form a corporation in Utah, you must file articles of incorporation with the Department of Commerce, Division of Corporations and Commercial Code and pay a fee of $52. A foreign corporation (one formed under the laws of another state or a foreign country), must obtain a certificate of authority before it may legally conduct business in Utah, by filing an application for a certificate of authority and paying a filing fee of $52. A foreign corporation will also need to provide, from its state of incorporation, a good standing certificate or a certificate of existence from that state. There is a $100 per day penalty for a foreign corporation that does business without first obtaining a certificate of authority, up to $5,000 per year. An officer or agent of such a corporation may also be fined up to $1,000. For more information on filing articles of incorporation or applying for a certificate of authority to do business in Utah, see the contact information for the offices of the Division of Corporations and Commercial Code, listed in Section VI(a). All corporate filings, other than taxes, are with this agency, which serves the functions that are usually served by the secretary of state in most other states. In addition, once your corporation is formed or obtains a certificate of authority to do business in Utah, it will be required to file annual renewal reports and a filing fee of $12 with the annual report each year. Failure to file this report on a timely basis could result in suspension or revocation of your corporation's charter. In addition to paying federal income taxes on its income, a corporation that does business in Utah must also file corporate franchise or income tax returns with the state. See Section IV(c) for a discussion of state corporate franchise/income tax rates and tax return filing requirements. For tax forms and more information on corporate income or franchise taxes in Utah, see the contact information for the offices of Utah State Tax Commission, listed in Section VI(a). (e) S Corporations. An S corporation is simply a regular corporation that has elected, for federal or state income tax purposes, or for both, to be taxed somewhat like a partnership, with its income, losses and tax credits flowing through to its owners, who report such income, losses, or credits on their individual tax returns. Utah recognizes S corporations for income tax purposes, and treats them in a manner similar to the federal tax treatment. However, an S corporation that has one or more nonresident shareholders must withhold tax on the Utah-source income allocable to any such nonresident shareholders. (f) Limited Liability Companies. Utah, like every other state has adopted a limited liability company (LLC) law. Thus, in addition to the traditional choices of a sole proprietorship, partnership, or corporation, a business that operates in Utah may also choose to operate in the form of an LLC. In most states, including Utah, LLC's are very attractive entities for many small businesses, in that they offer much the same protection as a corporation from creditors for debts of the business, while offering much of the flexibility plus the flow-through tax treatment of a partnership for federal and Utah state income tax purposes. See Section IV(c) for a discussion of the income tax treatment of LLC's under Utah tax laws. To form an LLC under the laws of Utah, articles of organization must be filed with the Department of Commerce, Division of Corporations and Commercial Code, which must be accompanied by filing fees of $52. Foreign LLC's, those formed under the laws of another state, must obtain a certificate of authority to do business in Utah, by filing an application for a certificate of authority with the Division of Corporations and Commercial Code and paying a filing fee of $52. A foreign LLC will also need to provide a certificate of good standing or certificate of existence from the state or country where the LLC was organized. Utah state law now recognizes the validity of 1-member LLC's, which can be advantageous, now that the federal tax regulations have been modified to allow 1-member LLC's to be treated as sole proprietorships for federal tax purposes. Utah follows the federal tax treatment of an LLC. However, an LLC that ceases to have at least one member will be dissolved by operation of law. In addition to initial filing fees, an LLC formed in Utah must subsequently file annual reports and pay an annual report filing fee of $12 with each such annual report. A foreign LLC is also required to file an annual report and pay the applicable filing fee of $12. Failure to file the report can result in dissolution of a domestic LLC or a revocation of authority to do business in Utah, in the case of a foreign LLC (one formed in another state or a foreign country). Under amendments to the Utah LLC law enacted in 2006, a limited liability company operating agreement may establish or provide for the establishment of one or more designated series of members, managers or limited liability company interests having separate rights, powers or duties with respect to specified property or obligations of the limited liability company or profits and losses associated with specified property or obligations. Any such series may have a separate business purpose or investment objective. This provision, in effect, allows a single "series LLC" to be set up with multiple divisions or "series," each of which can function like a separate legal entity, as long as separate accounting is done for each. Thus, each such "series" may contain a separate business venture, whose losses or bankruptcy will be walled off, in terms of liability, from the other such divisions of the "series LLC." In addition, some tax advisors believe such a single LLC can be set up in place of multiple LLC's and thereby save significant amounts of state taxes in many states where each LLC is subject to special taxes or fees. However, note that California, which imposes a $800 minimum franchise tax and an "LLC fee" on every LLC that does business in California, has already ruled on the Delaware "series LLC" law, which is similar to the Utah law, and has announced that it will treat each Delaware "series LLC" as a separate LLC entity, subjecting each to the minimum franchise tax and LLC fee, so this approach will not work in California. Presumably, California would treat a Utah series LLC in the same manner as the Delaware entity. Some legal experts warn that these new "series LLC" laws are relatively experimental and untested, and, therefore, it is unclear how such a "series LLC" will be treated for tax and liability purposes by other states than Utah, or by the courts or the Internal Revenue Service. For more information on filing articles of organization for an LLC, see the contact information for the offices of the Division of Corporations and Commercial Code, listed in Section VI(a). III. BUSINESS ACQUISITIONS (a) In General. When acquiring an existing business, there are a number of state legal and tax issues you or, preferably, your business attorney, should attend to before closing the purchase. These include matters such as doing a title search for any real property that is being acquired, checking for any recorded security interests on personal property items, and thoroughly researching county, state, and federal records for any judgment liens, tax liens, or other liens, before property is acquired. You will also benefit from consulting a tax advisor before the agreement of sale is negotiated, in order to seek a structuring of the agreement so that the purchase price is allocated among the assets in a way that favors you. You may be able to obtain considerable tax savings if the purchase price is allocated in a way that gives you the best possible tax results under federal and state income tax laws, and other state tax laws, such as sales/use tax or property tax laws. Depending upon the state (or states) in which the seller's assets are located, you may also have to comply with state bulk sale or bulk transfer laws. You should also obtain tax releases from various state taxing agencies, as discussed below. (b) Bulk Sale Laws. Bulk sale laws typically require either publication of legal notices to all creditors in advance of the sale and recording of such notices in some cases, or maintenance of detailed lists of the property to be transferred, for inspection by the public. Utah is one of the business-friendly states that has repealed its bulk sale laws, so you no longer have to be concerned with this requirement when buying a business in Utah. (c) Tax Releases. When you acquire an existing business, you will want to make sure that you do not unwittingly become liable for any unpaid taxes owed by the seller. Typically, to protect yourself, you will need to receive a tax release or releases from various state taxing agencies, for such taxes as sales and use tax, income tax withholding, and state unemployment taxes, in each state in which the seller does business. If you fail to obtain such a release or written statement from the tax agency that the seller is not delinquent on any tax payments, you will be held responsible for such tax if it is not withheld from the purchase price proceeds and paid to the state at the time the sale of the business transpires. In Utah, you should obtain tax releases for unemployment taxes and sales and use tax, generally. You should require that the seller obtain an unemployment tax release from the Utah Department of Workforce Services. Also, make sure the seller provides you with a sales and use tax release or clearance from the State Tax Commission, so that you will not be liable for any unpaid sales or use taxes owed by the seller. (d) Unemployment Tax Rating of Seller. In addition to obtaining tax releases, you may find it advantageous to succeed to the seller's unemployment tax experience rating, if the seller has a tax rate lower than you would otherwise obtain as a new business. To obtain the seller's favorable experience rating as a successor employer, you should contact the Department of Workforce Services for information on how you can obtain treatment as a successor employer. All parties to a business transfer must provide the following information to the Department of Workforce Services within 30 days of the transfer date:
PLANNING POINT: EXAMPLE: IV. UTAH TAXES AND OTHER GENERAL REQUIREMENTS. (a) In General.
If you do business in Utah, you will be subject to the usual
types of business and individual taxes that are imposed in most
states. Utah tax rates are relatively moderate for individuals
and relatively low for corporations (a 5% flat rate). Beginning
in 2008, a 5% flat tax also applies for purposes of the state's
individual income tax.
Utah exempts business inventories and all intangible property
from personal property taxation and, unlike most other states,
Utah does not impose any kind of realty transfer or conveyance
taxes on real estate transactions.
For state tax forms and tax information, see the contact
information for the Utah State Tax Commission in
Section VI(a).
(b) State and Local Licensing.
Nearly any business, operated anywhere in the United States,
will have to have at least one government license of some kind.
In most cases, this will be a local license, issued by your city
or county. Before you open your business, contact your local
city or county hall and find out if your particular business
needs one or more local licenses. Most kinds of local business
licenses are granted upon payment of a fee, with no further
requirements, except possibly for annual or other periodic
renewal fees.
In Utah, all businesses must obtain a business license from
the local city or county in which the business is conducted.
Since local governments often have requirements that must be
met prior to establishing a business within their jurisdiction,
you should first obtain a federal Employer Identification Number
(EIN) and a state sales tax license, if applicable, before you
apply for a local business license.
Your application for a city or county business license in
Utah will typically require approvals from one or more of
the following departments:
Zoning is regulated at the local level. Before purchasing
or renting any type of building for commercial purposes, it is
important to check with the local municipality to ensure your
type of business is permitted to operate at the chosen site.
It is a good idea for you to personally visit your city or
county business licensing office. If you have more than one
business location, check with each appropriate city or county
office. They can assist you with the application forms and
may even save you money where fees are prorated for the year.
Contact the Utah Department of Commerce, Division of
Corporations and Commercial Code, to obtain a directory
of city and county licensing information.
State governments have traditionally required special
licenses for many kinds of professionals, such as physicians,
dentists, lawyers, and accountants. To further protect
consumers, the State of Utah has expanded the list of occupations
that must be licensed by the state to include many other
occupations. Some of the occupations or activities requiring
state licenses in Utah include the following:
Most state licenses not only require payment
of fees, but are only issued for a given profession or
occupation upon showing that you have completed certain
educational or experience requirements, or passed certain
tests, or some combination of the foregoing.
For help with state licensing and business registration
requirements in Utah, see the contact information for the
offices of the Utah Department of Commerce, listed in
Section VI(a), and contact the
Division of Occupational and Professional Licensing, which
is a division of the Utah Department of Commerce.
(c) Income and Franchise Taxes.
Utah has both an individual income tax and a corporate franchise
tax on a corporation's taxable income, as well as a corporate
income tax that applies to corporations that are not subject to
the franchise tax.
TAXATION OF SOLE PROPRIETORS AND PARTNERSHIPS
The Utah individual income tax was imposed at a maximum
tax rate of 6.98% in 2007. The income tax was virtually a
flat tax, as only the first few thousand dollars of taxable
income were taxed at less than the 6.98% tax rate. However, in
September, 2006, a new 5.35% flat tax was enacted, effective
in 2007, though taxpayers were still be able to choose to
file under the old system in 2007, paying a higher tax rate,
but with numerous deductions no longer allowed under the new
5.35% flat tax optional method of computing one's tax. Some
taxpayers with large itemized deductions paid less tax by
continuing to file under the old system in 2007.
Further legislation, enacted in March, 2007, has reduced the
"flat tax" rate to 5.0% in 2008, from 5.35%, and has introduced
several new tax credits, based on 6% of the federal itemized or
standard deductions and 6% of the federal personal exemptions.
In addition, 2008 tax legislation has repealed the "graduated
tax" system, beginning in 2008, so that only the 5% "flat tax"
system will be in effect in 2008 and thereafter, based on
federal adjusted gross income, with very few deductions. The
new flat tax also repeals the former state deduction for 1/2
of the federal income tax liability.
Individual taxpayers generally pay state income tax on
their business earnings from a sole proprietorship, or on
their share of the earnings of a pass-through entity, such
as a partnership or S corporation or LLC. The Utah personal
income tax return is Form TC-40, which must
be filed with the Utah State Tax Commission, by April 15th
each year, unless an extension is obtained.
Partnerships, or entities taxable as partnerships, such
as LLC's, are not subject to state income taxation in Utah,
but must generally file an information return with the State
Tax Commission each year, showing each partner's share of
taxable income, losses, and credits, on Form TC-65.
However, under Tax Commission Regulations effective for taxable
years ending after June 6, 2005, a partnership whose partners
are all individual residents of the state of Utah need not file
partnership tax returns, if the partnership maintains records
of each partner's share of distributive items (income, losses,
credits, etc.) and keeps those records available for audit.
A partnership (or LLC taxable as a partnership) that has
nonresident partners may file a composite tax return on behalf
of the nonresident partners. However, an individual nonresident
who has other sources of Utah income or is entitled to Utah tax
credits may not be included in the composite return, but must
file his or her own individual Utah income tax return to report
all Utah-source income and pay the tax or claim any credits.
Individual taxpayers doing business as sole proprietors,
or who are partners in partnerships, or members of LLC's, are
not required to make payments of estimated Utah individual
income taxes, but may do so voluntarily, if they wish,
on Form TC-546, Voluntary Prepayment of Income or
Fiduciary Tax. Utah is the only state with a
general individual income tax, besides Idaho, that does
not require individuals to make advance estimated tax
payments. To avoid underpayment penalties when requesting
a filing extension, taxpayers must pay in at least 90% of
the tax liability for the year by the tax return due date
(April 15th of the next year) or else pay in an amount
equal to 100% of the prior year's tax, before tax credits.
Interest is charged on any unpaid balance, if the year's
tax is not paid in full by April 15th.
The Utah corporate franchise (income) tax rate, on
corporations other than S corporations, is 5% of taxable
income. There is a minimum annual franchise tax of $100.
The state corporation franchise tax return is Form TC-20,
which must be filed with the Utah State Tax Commission by the
15th day of the fourth month following the end of the taxable
year, or by April 15th in the case of a corporation whose taxable
year is the calendar year.
S corporations are not subject to tax, except on any
income that is subject to federal income tax.
They are also not subject to the $100 minimum tax.
However, S corporations must still file information returns,
and must withhold and pay over individual income tax on behalf
of any nonresident shareholders on their share of the S
corporation income that is allocable or apportionable to Utah.
Such nonresidents may file Utah income tax returns and claim
any such withheld tax as a tax payment.
Corporations are required to make estimated tax payments
of their state corporate franchise tax in advance, if their
tax liability for the year equals or exceeds $3,000.
Estimated tax payments are due in advance, in four equal
installments, on the 15th day of the 4th, 6th, 9th, and 12th
months of the taxable year. The total estimated tax that must
be paid in is usually equal to 90% of the actual tax liability
for the year. However, if the preceding year was a full year
of 12 months, the current year payments need only be equal to
100% of the prior year's tax liability, if less. Also, for the
first year a corporate return is due, a corporation that pays
in the amount of the annual minimum tax ($100 at present) by
the due date of its return will not be subject to penalties
for underpayment of estimated tax.
Otherwise, penalties will be imposed for failure to make
the required estimated tax payments on a timely basis.
TAXATION OF LIMITED LIABILITY COMPANIES
In Utah, a limited liability company (LLC) is taxed in the
same manner as a partnership, if treated as a partnership for
federal tax purposes, thus avoiding the possible double
taxation of income that can occur with corporations.
While an LLC that is treated as a partnership is not subject
to tax at the entity level, if it has any nonresident members it
may file a composite tax return on behalf of such nonresidents.
However, an individual nonresident member who has other sources
of Utah income or is entitled to Utah tax credits may not be
included in the composite return, but must file his or her own
individual Utah income tax return to report the Utah-source
income and pay the tax or claim any credits.
Note that under 1997 federal income tax regulations, an LLC
is allowed to elect to be treated as a partnership if it has
more than one owner or as a sole proprietorship if it does
not, for federal tax purposes. Utah law was amended in 1997
to permit formation of one-owner LLC's.
Note that it is not always entirely clear whether an LLC is a
"single-member LLC" or not, where the "single owner" is a married
couple who hold the entire ownership of the LLC in some form of
co-tenancy, such as joint tenants with right of survivorship, tenants
by the entirety, or as tenants in common. The federal Internal
Revenue Service (IRS) has taken a very lenient position in Rev.
Proc. 2002-69, where a couple hold the LLC interest as community
property, ruling that the IRS will accept whatever choice the couple
make, either to disregard the LLC as an entity (treating it as a
"single-member LLC") or to treat it as a partnership between
the husband and wife.
However, Utah is not a community property state, so where the
LLC is owned by a husband and wife in some form of co-tenancy,
it is unclear whether the IRS treatment would be as lenient as
for community property owners, since the IRS has not issued any
published rulings on whether an LLC can be a disregarded entity
if held in one of the various forms of co-tenancy by a married
couple, rather than being held as community property. Thus, it
is also unclear, where an LLC is owned by a husband and wife as
co-tenants, whether Utah would treat the LLC as a single-member
LLC or as a partnership.
(d) Sales and Use Tax.
Utah imposes a general sales tax on retail sales of tangible
personal property and certain types of services at the statewide
combined rate of 5.65% (4.65% state tax and 1% uniform local
sales tax) in 2008. Beginning January 1, 2007, the state tax rate
on certain sales of food and food products was reduced from 4.75%
to 2.75%. Local tax rates on food were not affected.
Under new legislation enacted in March, 2007, the statewide
sales tax rate was reduced from 4.75% to 4.65% and the state
sales tax rate on certain sales of food and food products
is further reduced, from 2.75% to a new 1.75% tax rate, both
changes effective January 1, 2008. Food is also subject to a
1% local option tax and a 0.25% county option tax (or 0.25%
state tax in counties that have not imposed a county option
tax), so that the total tax rate imposed on food is 3%,
beginning January 1, 2008.
In addition to the statewide uniform tax rate of 5.7% in
2009 (4.7% plus uniform local tax rate of 1%), most Utah
cities and counties impose additional local sales and use
taxes. Combined local state sales tax rates for the first
quarter of 2009 are 6.05% in Cedar City, 6.25% in St. George,
6.60% in Logan, 6.75% in Provo, and 6.85% in all of Salt
Lake County (except in Alta, 8.35%), and the cities of Orem
and Ogden.
For non-nexus filers (out-of-state sellers not required
to collect Utah sales or use tax, but electing to do so),
the statewide tax rate for all sales into Utah was 5.9% for
non-food items (or 3.0% for food and food ingredients),
beginning January 1, 2008. However, beginning January 1, 2009,
non-nexus sales into Utah will be taxed at the local rate for
the delivery location -- for example, 6.85% in Salt Lake City.
In addition to the state sales tax, many local governments
have adopted local sales taxes, at varying tax rates. Counties
also generally impose additional sales tax on auto rentals,
restaurant receipts, and transient accommodations (room
rentals of less than 30 days). Also, municipalities in
Utah are allowed to levy up to a 1% city tax on transient
accommodations, such as that adopted by the city of Layton,
effective since 2004. Under 2005 legislation, some larger
counties are authorized to levy a transient accommodations
tax at a rate of up to 1.25% for up to 6 years, in order to
fund convention facilities.
The 2006 Utah Legislature passed House Bill 371, Transient
Room Taxes Amendments, authorizing counties to increase the
county imposed transient room tax from 3 percent to 4.25 percent
on rents charged on public accommodations to persons who occupy
that public accommodation for less than thirty consecutive days.
A public accommodation is defined as a place that provides
temporary sleeping accommodations to the public, and includes a
motel, hotel, motor court, inn, bed and breakfast establishment,
condominium, and resort home.
Beginning January 1, 2007, the following counties
elected to increase their county-imposed transient room
taxes: Garfield, Iron, and Wayne Counties elected to
increase their county imposed transient room taxes from
3 percent to 4.25 percent; Tooele County elected to
increase its county imposed transient room tax from 3
percent to 3.50 percent; and Weber County elected to
increase its county imposed transient room tax from
3 percent to 4.10 percent.
Beginning July 1, 2007, Washington County also elected to
increase its county imposed transient room taxes from 3 percent
to 4.25 percent. All persons, groups, or organizations renting
public accommodations in Washington County had to begin collecting
the increased county transient room taxes, in addition to other
state, county, and municipal taxes imposed on public accommodations,
beginning July 1, 2007.
The City of St. George (in Washington County) has also adopted
a 1% transient room tax, which went into effect on January 1, 2008.
Effective since July 1, 2007, retail establishments (such
as restaurants, taverns, and clubs) licensed by the Department
of Alcoholic Beverage Control (DABC) to resell liquor,
wine and heavy beer can purchase liquor, wine and heavy
beer exempt from sales tax using the resale exemption on
Form TC-721, Exemption Certificate. When
reselling liquor, wine and heavy beer, the seller must
collect sales tax at the tax rate in effect for the
business outlet location. The sales price is also subject
to the 1 percent restaurant tax when sold by business
entities located in jurisdictions that have adopted the
restaurant tax. The seller must separately state the tax
on the sales receipt given to the purchaser.
Sellers are required to obtain a sales tax license and
to collect and pay over the state and local sales and use
taxes to the Utah State Tax Commission. In March 2008, the
Tax Commission issued new sales tax account numbers and
licenses to all active sales tax accounts. You must use
your new number on all returns and correspondence from
that point forward. The new sales tax account numbers have
14 characters: eight digits (hyphen), three digits (hyphen),
and three alpha characters (e.g., 12345678-123-ABC).
Your new sales tax account number was issued automatically.
You do not need to apply for a new number.
For more information on Utah sales and use taxes, you
may want to obtain a copy of the State Tax Commission's
newly revised Publication 25, Sales and Use Tax
General Information, released June 1, 2007.
There are numerous exemptions from the sales tax, the
most important of which is the resale exemption. If you are
a wholesaler or retailer who purchases goods that you will
resell, your purchase of such goods may qualify as an exempt
sale for resale. Similarly, if you sell goods to wholesalers
or retailers for resale by them, your sale may also qualify
as an exempt sale for resale. In any such transaction, the
exemption is ordinarily available only if the purchaser gives
the seller a valid resale certificate, certifying that the
items are being purchased for resale, and not for use or
consumption by the buyer.
A shadow tax, the use tax, is also imposed at the same rate
as the sales tax. It is primarily intended to tax property
that is acquired from sources outside of the state, in
transactions not subject to sales tax, when such property
is used or consumed within Utah. Use tax may also apply
to items purchased on an exempt basis, such as for resale,
if such items end up being used or consumed, instead of
being resold.
Before making any taxable sales, you will need to register
with the State Tax Commission on Form TC-69,
which can also serve as your employer withholding registration
form, cigarette tax license, and registration of business name.
To partially compensate businesses for the administrative
and accounting costs of collecting sales taxes, the state
allows monthly filers of sales and use tax returns to retain
a "seller's discount" equal to 1.31% of the tax due amount as
computed on the sales tax return.
However, monthly filers who are required to pay by EFT
(Electronic Funds Transfer) but pay by some other method
are not eligible for the seller discount.
Quarterly and annual filers are not entitled to the discount.
Under the new reduced tax rate on food products, beginning
in 2007, the seller's discount is computed as though the
4.75% or 4.65% state tax rate still applied. In addition,
vendors who remitted between $15,000 and $150,000 of sales
tax in 2005 will be able to submit requests for reimbursement
of verifiable computer hardware, software, and programming costs
incurred for changing their computer and accounting systems
to reflect the reduced tax rate on food and food ingredients,
up to a maximum reimbursement of $10,000 per vendor.
Utah is one of a growing number of states that have enacted
the Streamlined Sales Tax Administration Act, under the
Streamlined Sales and Use Tax Agreement (SSUTA). As part of that
enactment, a number of definitional changes were been made in
the Utah sales tax law, such as changing the definition of the
term "sales price" to include delivery charges and to base
"sourcing" of a sale (in order to determine which local sales
taxes applied) on the destination of the shipment (where the
consumer is located), rather than where the seller is located.
However, a number of those SSUTA provisions have since been
repealed or amended, and sourcing of an in-state sale in Utah
is once again based on the seller's location, rather than
the destination (buyer's location), effective January 1, 2009.
Now that SSUTA no longer requires destination-based sourcing
of sales, Utah has re-entered the SSUTA agreement.
Under current law, "sales price" and "purchase price" do
not include:
For more information on Utah sales and use tax registration
and compliance, see contact information for the offices of
the Utah State Tax Commission in Section VI(a).
(e) Real and Personal Property Taxes.
In Utah, as in every other state, any business real estate you
own is subject to real property taxes. In general, there is
little that you must do in the way of compliance, unless you
wish to challenge your assessed valuation, since the assessor
will bill you for each year's property taxes as they come due.
Utah also imposes personal property taxes on tangible
personal property. ("Personal property" is any kind of
property that is not real estate.) However, certain business
personal property, such as business inventories, are exempt
from personal property tax in Utah.
While Utah generally taxes tangible personal property,
it does not impose a property tax on intangible personal
property, such as stocks, bonds, promissory notes, and other
such paper assets. In addition, small businesses with $3,500
or less of tangible personal property within a county are
exempt from property tax on such items, although the exemption
does not apply to mobile homes, manufactured homes, or any
vehicle, boat or aircraft that is required to be registered
with the state. The $3,500 amount is indexed for inflation,
beginning in 2008 ($3,570 for 2008).
To qualify for the exemption, you must apply for the exemption
within 30 days from the day you are requested to indicate
whether you have less than $3,571 of taxable tangible
personal property in the particular county.
For more information on Utah property taxes, contact the
Property Tax Division of the Utah State Tax Commission, at
the address listed in Section VI(a).
(f) Other Business Taxes.
Utah imposes a number of excise and other taxes on businesses,
including:
Unlike most other states, Utah does not impose any
kind of realty transfer or conveyance taxes.
(g) Trade Names.
A trade name, also known as a fictitious or assumed name, is
any name used in the course of business that does not include
the actual legal names of all the owners of the business. Thus,
if your business goes by any name other than your own real
name, it is operating under a trade name. The same is true of
a corporation, if it operates under a name other than its legal
name. A trade name might also be one that suggests the existence
of additional owners, by using such words as "company," "associates,"
or "group."
In most states where you do business, it will be necessary
to register a trade, fictitious, or assumed name, so that
people who do business with you can find out who the actual
owners of your business are. You may also want to register
any such trade name, as a means of protecting against other
companies usurping that particular trade name.
In Utah, all businesses operating under an assumed name
must file a certificate of assumed and true name with the
Division of Corporations and Commercial Code, and pay the
applicable fee of $22. The registration is good for three years.
V. EMPLOYER REQUIREMENTS IF YOU HAVE EMPLOYEES (a) Employer Registration and Withholding. If you have any employees, you will already be withholding federal income tax and FICA taxes from their wages. In addition, since Utah levies a state income tax on the income of individuals, you will need to also withhold Utah income tax from the wages of your employees. Before you begin to pay wages, you must register as an employer with the Utah State Tax Commission, on Form TC-69. For more information on Utah income tax withholding and registration requirements for employers, see the contact information for the offices of the Utah State Tax Commission, listed in Section VI(a). For 2009, filing periods for employers have been adjusted so that employers who file annual returns can file with their annual payments; quarterly returns may be filed with quarterly payments if the employer withholds less than $1,000 a month and files and remits quarterly returns; quarterly returns with monthly payments are required for employers who withhold $1,000 or more each month. Zero-tax returns must be filed even if there is no withholding for the period. Note that if you have employees and pay more than a very minimal amount of wages, you must also register separately with the Department of Workforce Services for Utah unemployment tax, as discussed in Section V(b). (b) Unemployment and Other State Payroll Taxes. If your business has one or more employees and you pay at least $140 in wages in any calendar quarter, or if you acquire your business from an employer who was subject to unemployment tax, you, as an employer will be required to pay state unemployment tax based on the amount of such wages paid. Whether are not you are an employer, your business will be required to register with Utah Department of Workforce Services, on Form 1, Status Report, to determine whether or not you are subject to the unemployment tax law. New employers are required to pay tax at rates that vary by industry, on the first $26,700 (in 2008) of wages paid to each employee. After you have had employees for one 12-month period ended June 30th, you will develop an unemployment tax experience rating. This rating is based on the number of employees you terminate who then claim unemployment benefits and on the amount of such benefits paid to those former employees, under a complex formula. The state will inform you when they have assigned you an individual tax rate based on your firm's experience rating. That rate may be higher or, if you have had relatively few benefit claims charged to your account, lower than the standard new employer tax rate you initially were paying. For 2008, tax rates can range from a low of 0.1% to a high of 9.1% of taxable wages for experience-rated employers. All state unemployment taxes are imposed upon you as the employer, and, under Utah law, cannot be charged to your employees or withheld from their wages. For more information on your unemployment tax obligations as a Utah employer, see the contact information for the offices of the Department of Workforce Services, as listed in Section VI(a). (c) Workers' Compensation. In Utah, virtually all businesses except certain family farms are required by law to have workers' compensation insurance, except those able to self-insure. Note, however, that a sole proprietor or a partner in a partnership is generally not required to be covered, if there are no employees employed by the sole proprietorship or partnership. Similarly, directors of corporations or employees of a corporation who are officers may be exempted from coverage if the corporation gives written notice to its insurance carrier of the persons who are not to be covered. Certain independent contractors, including real estate sales agents or brokers or insurance agents, if paid on commission, may also be exempt from coverage. Workers' compensation provides wage loss and medical benefits to employees injured on the job and it protects you, as an employer, from legal action for damages for injuries or job-related illnesses suffered by your employees. In effect, it is a "no-fault" insurance system for work-related injuries or illnesses. CAUTION: As an employer, you must notify injured employees of their benefits and post a notice in the workplace informing your employees of their workers' compensation coverage. Utah workers' compensation insurance premium rates are determined annually by the Labor Commission. The new statutory rates are as follows: before 2011, between 1% and 5.75%; for 2011, between 1% and 4.25%; for 2012, between 1% and 2.25%; and after 2012, between 1% and 1.25%. Until a recent law change, the statutory rates had been between 1% and 8%. For more detailed information regarding your obligations as an employer under the Utah workers' compensation laws, contact your insurance carrier or see the contact information for the offices of the Workers' Compensation Fund of Utah, listed in Section VI(a). You can obtain workers' compensation posters, booklets and other information by writing to The Utah Labor Commission, Industrial Accidents Division, also listed in Section VI(a). (d) State Wage and Hour Laws. Some employees of certain small firms not engaged in interstate commerce are not covered by the federal minimum wage and overtime laws. However, even if few or none of your employees are covered by the federal wage-hour laws, because your firm does less than $500,000 a year in gross sales and the employees in question are not deemed to "...engage in (interstate) commerce...," they will still generally be subject to the Utah wage-hour laws, which provide for a state minimum hourly wage that is currently $6.55 an hour, the same as the federal minimum wage). Utah law provides for the Labor Commissioner to set the minimum wage, which may not be set higher than the federal minimum wage. The Utah minimum wage will increase with the federal minimum wage, to $7.25 an hour on July 24, 2009. Note that, as under federal wage-hour laws, certain classes of employees, such as outside salespersons and members of an employer's family, are exempted from the Utah wage-hour rules. The Utah minimum wage law also does not apply to any employee who is covered under the federal minimum wage law. Besides the federal wage-hour posters that you must display in the workplace, you must also display a state wage-hour poster, which you can obtain from the Labor Division of the Utah Labor Commission. In addition to wage-hour laws, most businesses are subject to federal child labor laws, which put numerous restrictions on the working hours and kinds of work in which minors under the age of 18 may engage. Your business must also be cognizant of similar state child labor laws, in Utah. Before hiring anyone, it is the responsibility of the employer to determine that the work being done by the youth worker is not prohibited by the Utah child labor laws. Under Utah labor laws, no young person under the age of 16 is permitted to work before or after school for more than four hours a day, nor before 5:00 a.m. or after 9:30 p.m., if the next day is a school day, nor in excess of eight hours in any 24 hour period, nor more than 40 hours in any week. Minors 14 and 15 years of age can work in some nonhazardous occupations such as retail stores, restaurants, fast food, service stations, lawn care, janitorial, and other occupations not determined harmful by the Labor Commission. Also, there are a number of specified hazardous occupations, as set forth under federal labor laws, that youths under the age of 18 cannot perform. Employers must allow the opportunity for a meal period of not less than 30 minutes and not later than five hours after the beginning of a minor employee's workday. If, during the meal period, the employee cannot be completely relieved of all duties and permitted to leave the work station or area, the meal period must be paid as time worked. Also, at least a 10 minute paid rest period for each four hours (or fraction thereof) must be provided for each minor employee, and no minor employee may be required to work over three consecutive hours without a 10 minute rest period. For more on state child labor law requirements in Utah, contact the state Labor Commission at the address listed in Section VI(a). (e) State Occupational Safety and Health Laws. Approximately half of the states have their own OSHA-like agency, charged with administering the state's own occupational safety and health laws. The remaining states have no such enforcement agency, and thus rely instead on the federal Occupational Safety and Health Administration (OSHA) to administer the federal job safety rules within such states. Utah is one of the states that has its own OSHA-type agency. To determine if your workplace is in compliance with federal and Utah job safety requirements, you may wish to contact the Utah Occupational Safety and Health Division (UOSH) and request a free safety consultation. You will not be cited for any violations detected, provided that you promptly correct the unsafe conditions. This differs from the rules for consultations by federal OSHA inspectors, who are required to cite you for any violations they find. For information on your job safety and health obligations as an employer, required posters, and possible on-site safety consultations, see the contact information for the Salt Lake City offices of UOSH, listed in Section VI(a). (f) Other Miscellaneous State Labor Laws. Other Utah labor laws you need to be aware of, as an employer, include the following: (1) Wage payments to employees. In general, an employer must pay wages at least semimonthly, and if the day for payment falls on a weekend or legal holiday, wages must be paid on the preceding day. If you terminate an employee, you must pay all final wages within 24 hours, in general. If the employee makes a written request for his or her wages after being terminated, you must make payment within 24 hours, or else the former employee will be entitled to earn up to 60 days of continuing wages until you make payment. Otherwise, if an employee without a written employment contract voluntarily quits, you must make the final payment of wages by the next regular payday. Employers are required by law to notify a new employee of the regular paydays, or else post a payday notice in a prominent place in the workplace. Failure to do so is a misdemeanor. (2) Right-to-work laws. About half the states have enacted "right-to-work" laws, which guarantee that no person may be denied employment for refusing to join a union or for not paying union dues, thus banning either "union shop" or "agency shop" agreements, or both. In a union shop, an employee not belonging to a union may be hired but then must join the union, usually within 30 days. In an agency shop, an employee need not join the union but, to remain employed, must pay dues to the union. Utah is one of the states that has a right-to-work law. The Utah law makes it unlawful to compel any person to either join or refrain from joining a labor union, as a condition of employment. (3) State anti-discrimination laws. In addition to complying with federal anti-discrimination laws, employers must also be aware of and comply with state civil rights laws in Utah, and display a poster informing employees of their rights. You can obtain this poster from the Salt Lake City office of the Anti-Discrimination Division, part of the Utah Labor Commission, at the address listed in Section VI(a). Employers subject to the Utah anti-discrimination law include any business that employs 15 or more employees within the state for each working day in each of 20 calendar weeks or more in the current or preceding calendar year. Under Utah laws, it is a discriminatory or prohibited employment practice to refuse to hire, promote, discharge, demote, terminate, or to retaliate against or to discriminate in matters of compensation or in terms, privileges, and conditions of employment against any persons otherwise qualified, because of race, color, sex, pregnancy or pregnancy-related conditions, age (40 and over), religion, national origin, or handicap. (4) Reporting new hires. Under federal welfare reform laws, employers in all states are now required to report newly-hired (or rehired) employees to a designated state agency (the Utah New Hire Registry, for Utah employers) within 20 days after the date of hire. Employers who file electronically must file twice each month (if needed), on dates not more than 16 days nor less than 12 days apart. See the contact information in Section VI(a) for the Utah New Hire Registry and the Internet link for filing reports online in Section VI(c). (5) Utah Indoor Clean Air Act. Utah law now prohibits or limits smoking in enclosed indoor places of public access, with several exceptions:
Penalties for violations include a civil penalty (fine) of up to $100 for a first violation or $100 to $500 for any subsequent violation. VI. STATE SOURCES OF HELP AND INFORMATION (a) Key State Agencies Contact Information. Utah, as many states have done in recent years, has set up a "one-stop" center to help your new or existing businesses to obtain all necessary state licenses and permits from a single office, without your having to go from agency to agency to meet all the legal and regulatory licensing requirements. The Utah Department of Commerce, which handles incorporations and formation of other types of business entities, also provides a One Stop Online Registration service, where anyone with Internet access may register their business online. See the link to this site in Section VI(c). You can register your business with the state for Utah sales and use tax, employer withholding, and business name registration on a single state application form, Form TC-69, which can be obtained from the State Tax Commission. To obtain business registration forms and information on starting or relocating your business in Utah, contact either the Department of Commerce, Division of Corporations and Commercial Code, or the Utah State Tax Commission, at the addresses listed below for those two agencies. Or, for professional licensing requirements, contact the Division of Occupational and Professional Licensing, which is another division of the Utah Department of Commerce. Utah Department of Commerce To obtain the helpful booklet, Doing Business in Utah Guide (last updated in 2005), contact: Governor's Office of Economic Development Addresses and other contact information for other key state and federal government agencies in Utah, mentioned in preceding sections of this book, are listed below for your convenience. DEPARTMENT OF COMMERCE, DIVISION OF CORPORATIONS AND COMMERCIAL CODE. In Utah, most corporate and other legal entity filing requirements are administered by the Division of Corporations and Commercial Code, part of the Utah Department of Commerce (rather than by the Secretary of State, which is the agency that typically performs such functions in almost every other state). Contact this office for information on:
Department of Commerce TAXES. Obtain state income, sales and use tax, and other miscellaneous business tax forms, instructions and information from the following agency, which is the main tax collection agency in Utah. You can register with this agency as an employer, for state income tax withholding purposes, and for sales and use taxes, on Form TC-69, Utah Business and Tax Registration. Note that since August 8, 2008, State Tax Commission offices are closed on Fridays, as most Utah agencies are now open from 7:00 a.m. to 6:00 p.m., Monday through Thursday. Utah State Tax Commission STATE LABOR LAWS. Contact the Utah Labor Commission about your obligations as an employer under various state labor laws, including:
Utah Labor Commission STATE UNEMPLOYMENT TAX. The Department of Workforce Services was created by the Utah Legislature in an effort to consolidate and simplify Utah's workforce and welfare programs. In general, the result of the legislation was to consolidate the Industrial Commission, Department of Employment Security (Job Service), Office of Job Training (Job Training Partnership Act), Office of Family Support (JOBS/TANF), Office of Child Care, and the Turning Point (Carl Perkins Act, Single Parent/Displaced Homemaker Program) programs. Contact this umbrella agency at: Utah Department of Workforce Services STATE LICENSES. The Utah Department of Commerce is the main Utah licensing agency. Contact this state agency at the address listed for it above. STATE SALES TAX. Obtain your sales and use tax license or permit and information on the Utah sales and use tax law, from the following agency Utah State Tax Commission, at the address listed above for that agency. STATE UNEMPLOYMENT TAX. Contact the following state agency to determine whether you are an employer subject to payment of state unemployment taxes, and for registration as an employer if you are subject. Utah Department of Workforce Services WORKERS' COMPENSATION INSURANCE. If you employ workers for whom you must supply workers' compensation coverage, contact the following agency for further information: Workers' Compensation Fund of Utah Also, you can obtain workers' compensation posters, booklets and other information by writing to: The Utah Labor Commission STATE OSHA PROGRAM. For information on both federal and state occupational safety and health laws that affect you as an employer in Utah, contact: Utah Occupational Safety and Health Division STATE NEW HIRE REPORTING. Contact the Utah New Hire Registry for information on reporting newly hired employees: Utah New Hire Registry STATE ANTI-DISCRIMINATION LAWS. Contact the following state agency for more detailed information on Utah civil rights laws that may apply to your business, and to obtain anti-discrimination notices you are required to post in the workplace: Anti-Discrimination and Labor Division (b) Small Business Development Centers. A number of Small Business Development Centers (SBDCs) are located throughout Utah to assist you. These centers, usually located on college campuses, provide a wealth of start-up information and sponsor frequent business-oriented seminars. Contact the following Center for the location of other SBDCs nearer to you. Utah Lead Small Business Development Center (c) Internet Sites. For anyone with access to the Internet, there is a wealth of state and even local business information provided by state and local governments. All states now have a state government Web page, and most major Utah state agencies also have sites on the Internet where you can obtain useful small business information on matters such as state taxes, financing sources, or the addresses and phone numbers (or e-mail addresses) of various state and federal agencies' offices in Utah. Since new sites are appearing frequently, you might also want to search for other Utah government Web sites by using one of the popular Internet search engines, such as Google, Excite! or Yahoo. To start your Internet search for Utah government information, you may want to begin with the following Internet sites: State of Utah home page: Utah Department of Commerce (Business registration, all filings for corporations, LLC's, LLP's, and limited partnerships, assumed business name filings): One Stop Online Business Registration (register your business online): Business.Utah.Gov (offering a wide range of helpful information for starting or relocating your business in Utah): Utah Tax Commission (tax forms and information, including online filing of some returns): Utah Labor Commission (workers' compensation, occupational safety and health, anti-discrimination rules, other state labor laws): Utah New Hire Registry (reporting of new hires and re-hires of employees): Utah Department of Workforce Services (state unemployment taxes): Utah Microenterprise Loan Fund (microloans for very small businesses): (d) Financing Sources. For information and help on locating financing for your small business, contact the nearest U.S. Small Business Administration office in Utah, or contact a Certified Development Company (CDC). CDCs are private companies licensed by the US Small Business Administration that provide long term financing to expanding businesses under the SBA 504 Program. Certified Development Companies in Utah include the following: Utah CDC Mountain West Small Business Finance In addition, the Utah Microenterprise Loan Fund (UMLF) is a tax-exempt, nonprofit corporation. It provides 4 different types of small, secured loans of up to $25,000, with terms up to five years, to owners of startup and existing firms who do not have access to traditional funding sources, especially those who are socially or economically disadvantaged. The interest rate charged is prime plus 3 to 8 percent fixed, and for some loans, the business must be located in Salt Lake County. For more information, contact: Utah Microenterprise Loan Fund The address of the SBA District Office in Utah is: U.S. Small Business Administration |
Copyright © 2008 Michael D. Jenkins
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