Utah Code 59-10-1002.2. Apportionment of tax credits

Superseded 1/1/2024)

Superseded 1/1/2024
59-10-1002.2. Apportionment of tax credits.

(1)

A nonresident individual or a part-year resident individual that claims a tax credit in accordance with Section 59-10-1017, 59-10-1018, 59-10-1019, 59-10-1022, 59-10-1023, 59-10-1024, 59-10-1028, 59-10-1042, 59-10-1043, 59-10-1044, or 59-10-1046 may only claim an apportioned amount of the tax credit equal to:

Terms Used In Utah Code 59-10-1002.2

estate: means a nonresident estate or a resident estate that has state taxable income. See Utah Code 59-10-1002
Individual: means a natural person and includes aliens and minors. See Utah Code 59-10-103
nonresident estate: means a trust or estate which is not a resident estate or trust. See Utah Code 59-10-103
Nonresident individual: means an individual who is not a resident of this state. See Utah Code 59-10-103
Resident individual: means an individual who is domiciled in this state for any period of time during the taxable year, but only for the duration of the period during which the individual is domiciled in this state. See Utah Code 59-10-103
State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
tax credit: means a tax credit that a claimant, estate, or trust may:

(a)

claim:

(i)	as provided by statute; and

(ii)	in an amount that does not exceed the claimant's, estate's, or trust's tax liability under this chapter for a taxable year; and

(b)

carry forward or carry back:

(i)	if allowed by statute; and

(ii)

unless otherwise provided in statute, to the extent that the amount of the tax credit exceeds the claimant's, estate's, or trust's tax liability under this chapter for a taxable year. See Utah Code 59-10-1002

trust: means a nonresident trust or a resident trust that has state taxable income. See Utah Code 59-10-1002

(a)

for a nonresident individual, the product of:

(i)	the state income tax percentage for the nonresident individual; and

(ii)	the amount of the tax credit that the nonresident individual would have been allowed to claim but for the apportionment requirements of this section; or

(b)

for a part-year resident individual, the product of:

(i)	the state income tax percentage for the part-year resident individual; and

(ii)	the amount of the tax credit that the part-year resident individual would have been allowed to claim but for the apportionment requirements of this section.

(2)

A nonresident estate or trust that claims a tax credit in accordance with Section 59-10-1017, 59-10-1020, 59-10-1022, 59-10-1024, or 59-10-1028 may only claim an apportioned amount of the tax credit equal to the product of:

(a)	the state income tax percentage for the nonresident estate or trust; and

(b)	the amount of the tax credit that the nonresident estate or trust would have been allowed to claim but for the apportionment requirements of this section.

Amended by Chapter 460, 2023 General Session

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