Utah Code 59-10-1036. Nonrefundable tax credit for military survivor benefits

59-10-1036. Nonrefundable tax credit for military survivor benefits.

(1)

As used in this section:

Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
Dependent: A person dependent for support upon another.
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
(a)	“Dependent child” means the same as that term is defined in 10 U.S.C. § 1447.

(b)	“Reserve components” means the same as that term is described in 10 U.S.C. § 10101.

(c)	“Surviving spouse” means the same as that term is defined in 10 U.S.C. § 1447.

(d)	“Survivor benefits” means the amount paid by the federal government in accordance with 10 U.S.C. Secs. 1447 through 1455.

(2)

A surviving spouse or dependent child may claim a nonrefundable tax credit for survivor benefits if the benefits are paid due to:

(a)	the death of a member of the armed forces or reserve components while on active duty; or

(b)	the death of a member of the reserve components that results from a service-connected cause while performing inactive duty training.

(3)

The tax credit described in Subsection (2) is equal to the product of:

(a)	the amount of survivor benefits that the surviving spouse or dependent child received during the taxable year; and

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

(4)

The tax credit described in Subsection (2):

(a)	may not be carried forward or carried back; and

(b)	applies to a taxable year beginning on or after January 1, 2017.

Amended by Chapter 367, 2021 General Session