Utah Code 59-10-1017. Utah Educational Savings Plan tax credit

59-10-1017. Utah Educational Savings Plan tax credit.

(1)

As used in this section:

Terms Used In Utah Code 59-10-1017

claimant: means a resident or nonresident person that has state taxable income. See Utah Code 59-10-1002
estate: means a nonresident estate or a resident estate that has state taxable income. See Utah Code 59-10-1002
Grantor: The person who establishes a trust and places property into it.
Person: means :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)	“Account owner” means the same as that term is defined in Section 53B-8a-102.

(b)	“Grantor trust” means the same as that term is defined in Section 53B-8a-102.5.

(c)	“Higher education costs” means the same as that term is defined in Section 53B-8a-102.5.

(d)

“Maximum amount of a qualified investment for the taxable year” means, for a taxable year, the product of the percentage listed in Subsection 59-10-104(2) and:

(i)

subject to Subsection (1)(d)(iii), for a claimant, estate, or trust that is an account owner, if that claimant, estate, or trust is other than husband and wife account owners who file a single return jointly, the maximum amount of a qualified investment:

(A)	listed in Subsection 53B-8a-106(1)(e)(ii); and

(B)	increased or kept for that taxable year in accordance with Subsections 53B-8a-106(1)(f) and (g);

(ii)

subject to Subsection (1)(d)(iii), for claimants who are husband and wife account owners who file a single return jointly, the maximum amount of a qualified investment:

(A)	listed in Subsection 53B-8a-106(1)(e)(iii); and

(B)	increased or kept for that taxable year in accordance with Subsections 53B-8a-106(1)(f) and (g); or

(iii)

for a grantor trust:

(A)	if the owner of the grantor trust has a single filing status or head of household filing status as defined in Section 59-10-1018, the amount described in Subsection (1)(d)(i); or

(B)	if the owner of the grantor trust has a joint filing status as defined in Section 59-10-1018, the amount described in Subsection (1)(d)(ii).

(e)	“Owner of the grantor trust” means the same as that term is defined in Section 53B-8a-102.5.

(f)	“Qualified investment” means the same as that term is defined in Section 53B-8a-102.5.

(2)

Except as provided in Section 59-10-1002.2 and subject to the other provisions of this section, a claimant, estate, or trust that is an account owner may claim a nonrefundable tax credit equal to the product of:

(a)

the amount of a qualified investment made:

(i)	during the taxable year; and

(ii)	into an account owned by the claimant, estate, or trust; and

(b)	the percentage listed in Subsection 59-10-104(2).

(3)	A claimant, estate, or trust, or a person other than the claimant, estate, or trust, may make a qualified investment described in Subsection (2).

(4)	A claimant, estate, or trust that is an account owner may not claim a tax credit under this section with respect to any portion of a qualified investment described in Subsection (2) that a claimant, estate, trust, or person described in Subsection (3) deducts on a federal income tax return.

(5)	A tax credit under this section may not exceed the maximum amount of a qualified investment for the taxable year.

(6)	A claimant, estate, or trust that is an account owner may not carry forward or carry back the tax credit under this section.

Amended by Chapter 367, 2021 General Session
Amended by Chapter 370, 2021 General Session

Previous section

Next section

Part 10 Contents