| (1) |
As used in this section:
Terms Used In Utah Code 59-10-1114- claimant: means a resident or nonresident person. See Utah Code 59-10-1102
- 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 claim:
| (a) | as provided by statute; and |
| (b) | regardless of whether the claimant, estate, or trust has a tax liability under this chapter for a taxable year. See Utah Code 59-10-1102 |
| (a) |
“Adoption expense” means the same as that term is defined in Section 59-10-1046. |
| (b) |
“Domestic adoption” means the same as that term is defined in Section 59-10-1046. |
| (c) |
“Qualifying child” means the same as that term is defined in Section 59-10-1046. |
| (d) |
“Qualifying claimant” means a claimant:
| (i) |
whose adjusted gross income is:
| (A) |
for a claimant who files a federal income tax return jointly with the claimant’s spouse, less than $55,000; and |
| (B) |
for a claimant who files a federal income tax return other than jointly, less than $27,500; |
|
| (ii) |
who did not, and if the claimant is married, whose spouse did not, receive state or federal assistance during the taxable year in which the adoption is finalized; and |
| (iii) |
who applies for and receives a certification described in Section 35A-1-111 from the Department of Workforce Services. |
|
| (e) |
“State or federal assistance” means the same as that term is defined in Section 59-10-1046. |
| (2) |
| (a) |
Subject to Section 59-10-1102.1 and other provisions of this Subsection (2), a qualifying claimant is eligible to claim a refundable tax credit equal to the lesser of:
| (ii) |
the amount of the qualifying claimant’s adoption expenses. |
|
| (b) |
A qualifying claimant who claims the tax credit described in Subsection (2)(a) shall claim the tax credit for the taxable year in which the adoption is finalized. |
|
| (3) |
A qualifying claimant may not claim a credit under this section to the extent that the qualifying claimant claims a federal tax credit under 26 U.S.C. § 23 for the same adoption expense. |
| (4) |
A qualifying claimant who is married may claim a tax credit under this section only if the qualifying claimant and the qualifying claimant’s spouse file a joint federal income tax return. |
Enacted by Chapter 460, 2023 General Session
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