| (1) |
Except as provided in this section, the following are exempt from a tax under this chapter:
Terms Used In Utah Code 59-7-102- Captive insurance company: means the same as that term is defined in Section 31A-1-301. See Utah Code 59-7-101
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Corporation: includes :
| (a) | entities defined as corporations under Sections 7701(a) and 7704, Internal Revenue Code; and |
| (b) | other organizations that are taxed as corporations for federal income tax purposes under the Internal Revenue Code. See Utah Code 59-7-101- Income: includes losses. See Utah Code 59-7-101
- Internal Revenue Code: means Title 26 of the United States Code as effective during the year in which Utah taxable income is determined. See Utah Code 59-7-101
- Person: means :Utah Code 68-3-12.5
- 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
|
| (a) |
an organization exempt under Section 501, Internal Revenue Code; |
| (b) |
an organization exempt under Section 528, Internal Revenue Code; |
| (c) |
an insurance company that is subject to taxation on the insurance company’s premiums under Chapter 9, Taxation of Admitted Insurers, regardless of whether the insurance company has a tax liability under that chapter; |
| (d) |
a local building authority as defined in Section 17D-2-102; |
| (e) |
a farmers’ cooperative; |
| (f) |
a public agency, as defined in Section 11-13-103, with respect to or as a result of an ownership interest in:
| (i) |
a project, as defined in Section 11-13-103; or |
| (ii) |
facilities providing additional project capacity, as defined in Section 11-13-103; |
|
| (g) |
an insurance company that engages in a transaction that is subject to taxation under Section 31A-3-301 or 31A-3-302, regardless of whether the insurance company has a tax liability under that section; or |
| (h) |
a captive insurance company that pays a fee under Section 31A-3-304. |
| (2) |
A corporation is exempt from a tax under this chapter:
| (a) |
if the corporation is an out-of-state business as defined in Section 53-2a-1202; and |
| (b) |
for income earned:
| (i) |
during a disaster period as defined in Section 53-2a-1202; and |
| (ii) |
for the purpose of responding to a declared state disaster or emergency as defined in Section 53-2a-1202. |
|
|
| (4) |
Notwithstanding Subsection (1), an organization, company, authority, farmers’ cooperative, or public agency exempt from this chapter under Subsection (1) is subject to 8, to the extent provided in 8. |
| (5) |
Notwithstanding Subsection (1)(b), to the extent the income of an organization described in Subsection (1)(b) is taxable for federal tax purposes under Section 528, Internal Revenue Code, the organization’s income is also taxable under this chapter. |
Amended by Chapter 168, 2017 General Session
|
