59-10-1038.  Nonrefundable rural job creation tax credit.

(1)  As used in this section, “office” means the Governor’s Office of Economic Opportunity created in Section 63N-1a-301.

Terms Used In Utah Code 59-10-1038

  • 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
  • Taxpayer: means any of the following that has income subject in whole or part to the tax imposed by this chapter:
    (i) an individual;
    (ii) an estate, a trust, or a beneficiary of an estate or a trust that is not a pass-through entity or a pass-through entity taxpayer;
    (iii) a pass-through entity; or
    (iv) a pass-through entity taxpayer. See Utah Code 59-10-103
    (2)  Subject to the other provisions of this section, a taxpayer may claim a nonrefundable tax credit for rural job creation as provided in this section.

    (3)  The tax credit under this section is the amount listed as the tax credit amount on a tax credit certificate that the office issues under 3, to the taxpayer for the taxable year.

    (4)  If the amount of a tax credit under this section exceeds the taxpayer’s tax liability under this chapter for the taxable year in which the taxpayer claims the tax credit, the taxpayer may carry forward the tax credit for:

    (a)  the next seven taxable years, if the credit-eligible contribution as defined in Section 63N-4-302 is made before November 1, 2022; or

    (b)  the next four taxable years, if the credit-eligible contribution as defined in Section 63N-4-302 is made on or after November 1, 2022.

    Amended by Chapter 195, 2022 General Session