Utah Code 63N-2-104.1. Eligibility for tax credit — Economic impact study
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(1) The office shall certify a business entity‘s eligibility for a tax credit as provided in this section.
Terms Used In Utah Code 63N-2-104.1
- business entity: includes a nonprofit entity. See Utah Code 63N-2-103
- Development zone: means an economic development zone created under Section
63N-2-104 . See Utah Code 63N-2-103 - High paying job: means a newly created full-time employee position where the aggregate average annual gross wage of the employment position, not including health care or other paid or unpaid benefits, is:(8)(a) at least 110% of the average wage of the county in which the employment position exists; or(8)(b) for an employment position related to a project described in Chapter 2, Part 1, Economic Development Tax Increment Financing, and that is located within the boundary of a county of the third, fourth, fifth, or sixth class, or located within a municipality in a county of the second class and where the municipality has a population of 10,000 or less:(8)(b)(i) at least 100% of the average wage of the county in which the employment position exists; or(8)(b)(ii) an amount determined by rule made by the office in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, if the office determines the project is in a county experiencing economic distress. See Utah Code 63N-1a-102
- Incremental job: includes a full-time employment position where the employee is hired:
(9)(b)(i) directly by a business entity; or(9)(b)(ii) by a professional employer organization, as defined in Section31A-40-102 , on behalf of a business entity. See Utah Code 63N-1a-102- New commercial project: means an economic development opportunity that:
(5)(a) involves a targeted industry;(5)(b) is located within:(5)(b)(i) a county of the third, fourth, fifth, or sixth class; or(5)(b)(ii) a municipality that has a population of 10,000 or less and the municipality is located within a county of the second class; or(5)(c) involves an economic development opportunity that the commission determines to be eligible for a tax credit under this part. See Utah Code 63N-2-103- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Remote work opportunity: means a new commercial project that:
(6)(a) does not require a physical office in the state where employees associated with the new commercial project are required to work; and(6)(b) requires employees associated with the new commercial project to:(6)(b)(i) work remotely from a location within the state; and(6)(b)(ii) maintain residency in the state. See Utah Code 63N-2-103- Significant capital investment: means an investment in capital or fixed assets, which may include real property, personal property, and other fixtures related to a new commercial project that represents an expansion of existing operations in the state or that increases the business entity's existing workforce in the state. See Utah Code 63N-2-103
- 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
- Tax credit: means an economic development tax credit created by Section
Utah Code 63N-2-103 (2) A business entity is eligible to receive a tax credit for a new commercial project if:(2)(a) the new commercial project:(2)(a)(i)(2)(a)(i)(A) is located and provides direct investment within the geographic boundaries of a development zone; or(2)(a)(i)(B) creates a remote work opportunity;(2)(a)(ii) includes the creation of high paying jobs in the state, significant capital investment in the state, or significant purchases from vendors, contractors, or service providers in the state, or a combination of these three economic factors; and(2)(a)(iii) generates new state revenues; and(2)(b) the business entity has not claimed a High Cost Infrastructure Development Tax Credit under Section 79-6-603 for the same new commercial project, if the new commercial project is located within a county of the first or second class.(3) The office shall conduct a study of the economic impacts associated with a new commercial project to determine whether a business entity meets the requirements of Subsection (2).(4) In determining whether a new commercial project meets the requirements of Subsection (2)(a)(ii), the office may attribute an incremental job or a high paying job to a new commercial project regardless of whether the job is performed in person, within a development zone, or remotely from elsewhere in the state. - Incremental job: includes a full-time employment position where the employee is hired:
