(3) |
(a) |
Subject to Subsection (3)(b)(iii), a resident pass-through entity taxpayer shall file a return:
(ii) |
if the resident pass-through entity taxpayer is classified as an estate, individual, partnership, S corporation, or a trust for federal income tax purposes, as a resident estate, resident individual, resident partnership, resident S corporation, or resident trust under this chapter. |
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(b) |
(i) |
Except as provided in Subsection (3)(b)(ii) and subject to Subsection (3)(b)(iii) or (iv), a nonresident pass-through entity taxpayer shall file a return:
(B) |
if the nonresident pass-through entity taxpayer is classified as an estate, individual, partnership, S corporation, or a trust for federal income tax purposes, as a nonresident estate, nonresident individual, nonresident partnership, nonresident S corporation, or nonresident trust under this chapter. |
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(ii) |
A nonresident pass-through entity taxpayer is not required to file a return if:
(A) |
the nonresident pass-through entity taxpayer does not have:
(I) |
for a nonresident pass-through entity taxpayer that is classified as a C corporation for federal income tax purposes, unadjusted income as defined in Section 59-7-101 derived from or connected with Utah sources, except for the nonresident pass-through entity taxpayer’s share of income, gain, loss, deduction, or credit of the pass-through entity; |
(II) |
for a nonresident pass-through entity taxpayer that is classified as an individual, partnership, or S corporation for federal income tax purposes, adjusted gross income derived from or connected with Utah sources, except for the nonresident pass-through entity taxpayer’s share of income, gain, loss, deduction, or credit of the pass-through entity; or |
(III) |
for a nonresident pass-through entity taxpayer that is classified as an estate or a trust for federal income tax purposes, unadjusted income as defined in Section 59-10-103 derived from or connected with Utah sources, except for the nonresident pass-through entity taxpayer’s share of income, gain, loss, deduction, or credit of the pass-through entity; |
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(B) |
the nonresident pass-through entity taxpayer does not seek to claim a tax credit allowed against a tax imposed under:
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(C) |
the pass-through entity pays or withholds a tax on behalf of the nonresident pass-through entity taxpayer and remits that tax to the commission:
(II) |
if a nonresident pass-through entity taxpayer is classified as a C corporation for federal income tax purposes, in an amount that is equal to or greater than the minimum tax under Section 59-7-104; and |
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(D) |
the nonresident pass-through entity taxpayer is not a member of a unitary group as defined in Section 59-7-101 that is required to file a return in this state. |
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(iii) |
A nonresident pass-through entity taxpayer that is not otherwise required to file a return under this Subsection (3) may file a return under:
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(iv) |
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules for a pass-through entity taxpayer, except for a pass-through entity taxpayer who is a resident individual, to file a return under this section if two or more pass-through entities pay or withhold a tax in accordance with Section 59-10-1403.2 on behalf of the pass-through entity taxpayer. |
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