Tax Withholding Amendments
HB 61 modifies tax withholding rules for mineral production in Utah. It requires mineral producers to file Form 1099s with the State Tax Commission and adds penalties for late or missing filings (2% for 5 days late, 5% for 15 days, 10% after 15 days). The bill also aligns the mineral production tax withholding rate with the state income tax rate and updates required information on withholding returns. These changes directly affect oil, gas, and mining companies that must withhold taxes on mineral production. The bill contains no new funding and includes a special effective date.
Bill status
passed
3 of 4 stages cleared
Introduction
Jan 2025
Committee Review
Feb 2025
Senate Passage
Jan 2025
Governor
Introduced Jan 21, 2025
Last action Mar 8, 2025
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Introduced
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Substitute #1
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MODERATE
This bill updates Utah's tax withholding laws to align mineral production tax withholding with income tax withholding rules, including penalty structures, filing requirements, and withholding percentages. The changes ensure producers deduct and withhold mineral production taxes at rates matching income tax rates and apply consistent penalty schedules for late or missing filings.
Scope change
The bill expands penalty provisions to specifically cover producers who fail to file Form 1099 for mineral production tax withholding, aligning these requirements with existing income tax withholding rules.
REQUIREMENT
The withholding percentage for mineral production tax was changed from 5% to align with the current income tax rate.
Information required on withholding returns was amended to ensure consistency with income tax withholding return requirements.
ENFORCEMENT
Penalty structures for late or missing filings were updated to match income tax withholding penalty schedules, including tiered penalties based on how late the return is filed.
New penalty provisions were added specifically for producers who fail to file Form 1099 for mineral production tax withholding or file it late.
TIMELINE
Effective dates were established, with most changes taking effect on January 1, 2026, and withholding rate changes applying to taxable years beginning on or after that date.
Floor votes
How they voted
This bill passed the Senate by voice vote (no roll call recorded).
Full legislative history
Actions timeline
Total actions
25
Key actions
3
Committee
3
Feb 4, 2025
Upper · Passed
Senate/ committee report favorable
upper
Feb 3, 2025
Upper · Passed
Senate Comm - Favorable Recommendation
upper
Jan 28, 2025
Committee
Senate/ to standing committee
upper
Jan 24, 2025
Introduced
Senate/ 1st reading (Introduced)
upper
Jan 24, 2025
Upper · Passed
House/ passed 3rd reading
upper
Jan 21, 2025
Introduced
House/ 1st reading (Introduced)
lower
1 primary · 1 co-sponsor
Sponsors
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