59-10-116.1.  Exemption for out-of-state employee.

(1)  As used in this section:

Terms Used In Utah Code 59-10-116.1

  • Employee: means the same as that term is defined in Section 59-10-401. See Utah Code 59-10-103
  • Pass-through entity: means the same as that term is defined in Section 59-10-1402. 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
  • 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
(a)  “Declared state disaster or emergency” is as defined in Section 53-2a-1202.

(b)  “Disaster period” is as defined in Section 53-2a-1202.

(c)  “Out-of-state business” is as defined in Section 53-2a-1202.

(d)  “Out-of-state employee” is as defined in Section 53-2a-1202.

(2)  An out-of-state employee, including a pass-through entity taxpayer who is an out-of-state employee, is exempt from a tax under this chapter for income earned or passed through:

(a)  from an out-of-state business;

(b)  during a disaster period; and

(c)  as a result of the out-of-state business responding to a declared state disaster or emergency.

Enacted by Chapter 376, 2014 General Session