Utah Code 59-10-204. State taxable income of a nonresident estate or trust

For a taxable year, the state taxable income of a nonresident estate or trust is an amount calculated by:

(1)

determining the unadjusted income of the nonresident estate or trust for that taxable year after making the adjustments required by:

Terms Used In Utah Code 59-10-204

nonresident estate: means a trust or estate which is not a resident estate or trust. 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
Unadjusted income: means an amount equal to the difference between:

(i)	the total income required to be reported by a resident or nonresident estate or trust on the resident or nonresident estate's or trust's federal income tax return for estates and trusts for the taxable year; and

(ii)

the sum of the following:

(A)

fees paid or incurred to the fiduciary of a resident or nonresident estate or trust:

(I)	for administering the resident or nonresident estate or trust; and

(II)	that the resident or nonresident estate or trust deducts as allowed on the resident or nonresident estate's or trust's federal income tax return for estates and trusts for the taxable year;

(B)	the income distribution deduction that a resident or nonresident estate or trust deducts under Section 651 or 661, Internal Revenue Code, as allowed on the resident or nonresident estate's or trust's federal income tax return for estates and trusts for the taxable year;

(C)

the amount that a resident or nonresident estate or trust deducts as a deduction for estate tax or generation skipping transfer tax under Section 691(c), Internal Revenue Code, as allowed on the resident or nonresident estate's or trust's federal income tax return for estates and trusts for the taxable year; and

(D)	the amount that a resident or nonresident estate or trust deducts as a personal exemption under Section 642(b), Internal Revenue Code, as allowed on the resident or nonresident estate's or trust's federal income tax return for estates and trusts for the taxable year. See Utah Code 59-10-103
(a)	Section 59-10-202;

(b)	Section 59-10-207;

(c)	Section 59-10-209.1; or

(d)	Section 59-10-210; and

(2)	calculating the portion of the amount determined under Subsection (1) that is derived from Utah sources determined in accordance with the principles of Section 59-10-117.

Amended by Chapter 389, 2008 General Session

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