| (1) |
Terms Used In Utah Code 59-2-1209- claimant: includes a surviving spouse:
| (i) | regardless of:| (A) | the age of the surviving spouse; or |
| (B) | the age of the deceased spouse at the time of death; |
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| (ii) | if the surviving spouse meets the requirements of this part except for the age requirement; |
| (iii) | if the surviving spouse is part of the same household of the deceased spouse at the time of death of the deceased spouse; and |
| (iv) | if the surviving spouse is unmarried at the time the surviving spouse files the claim. See Utah Code 59-2-1202- Consumer price index housing: means the Consumer Price Index - All Urban Consumers, Housing United States Cities Average, published by the Bureau of Labor Statistics of the United States Department of Labor. See Utah Code 59-2-1202
- Dependent: A person dependent for support upon another.
- Gross rent: means rent actually paid in cash or its equivalent solely for the right of occupancy, at arm's-length, of a residence, exclusive of charges for any utilities, services, furniture, furnishings, or personal appliances furnished by the landlord as a part of the rental agreement. See Utah Code 59-2-1202
- Homeowner: means :
| (i) | an individual whose name is listed on the deed of a residence; or |
| (ii) | if a residence is owned in a qualifying trust, an individual who is a grantor, trustor, or settlor or holds another similar role in the trust. See Utah Code 59-2-1202- Household: means the association of individuals who live in the same dwelling, sharing the dwelling's furnishings, facilities, accommodations, and expenses. See Utah Code 59-2-1202
- household income: means all income received by all members of a claimant's household in:
| (i) | for a claimant who owns a residence, the calendar year preceding the calendar year in which property taxes are due; or |
| (ii) | for a claimant who rents a residence, the year for which a claim is filed. See Utah Code 59-2-1202- Income: means the sum of:
| (i) | federal adjusted gross income as defined in Section 62, Internal Revenue Code; and |
| (ii) | nontaxable income. See Utah Code 59-2-1202- Rental assistance payment: means any payment that:
| (i) | is made by a:| (B) | charitable organization; or |
| (C) | religious organization; and |
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| (ii) | is specifically designated for the payment of rent of a claimant:| (A) | for the calendar year for which the claimant seeks a renter's credit under this part; and |
| (B) | regardless of whether the payment is made to the claimant or the landlord. See Utah Code 59-2-1202 |
| (a) |
Subject to Subsections (2) and (3), for a calendar year beginning on or after January 1, 2021, a claimant may claim a renter’s credit for the previous calendar year that does not exceed the following amounts:
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If household income is |
Percentage of gross rent allowed as a credit |
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$0 — $11,785 |
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9.5% |
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$11,786 — $15,716 |
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8.5% |
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$15,717 — $19,643 |
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7.0% |
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$19,644 — $23,572 |
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5.5% |
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$23,573 — $27,503 |
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4.0% |
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$27,504 — $31,198 |
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3.0% |
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$31,199 — $34,666 |
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2.5% |
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| (b) |
For a calendar year beginning on or after January 1, 2022, the commission shall increase or decrease the household income eligibility amounts under Subsection (1)(a) by a percentage equal to the percentage difference between the consumer price index housing for the preceding calendar year and the consumer price index housing for calendar year 2020. |
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| (2) |
A claimant may claim a renter’s credit under this part only for gross rent that does not constitute a rental assistance payment. |
| (3) |
For purposes of calculating gross rent when a claimant’s rent includes electricity or natural gas and the utility amount is not itemized in the statement provided in accordance with Section 59-2-1213, the commission shall deduct from rent:
| (a) |
7% of rent if the rent includes electricity or natural gas but not both; or |
| (b) |
13% of rent if the rent includes both electricity and natural gas. |
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| (4) |
An individual may not receive the renter’s credit under this section if the individual is:
| (a) |
claimed as a personal exemption on another individual’s federal income tax return during any portion of a calendar year for which the individual seeks to claim the renter’s credit under this section; or |
| (b) |
a dependent with respect to whom another individual claims a tax credit under Section 24(h)(4), Internal Revenue Code, during any portion of a calendar year for which the individual seeks to claim the renter’s credit under this section. |
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| (5) |
A payment for a renter’s credit allowed by this section, and provided for in Section 59-2-1204, shall be paid from the General Fund. |
| (6) |
A credit under this section may not exceed the maximum amount allowed as a homeowner‘s credit for each income bracket under Subsection 59-2-1208(1)(a). |
Amended by Chapter 196, 2022 General Session
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