63N-2-104.3.  Limitations on tax credit amount.

(1)  Except as provided in Subsection (2)(a), for a new commercial project that is located within the boundary of a county of the first or second class, the office may not authorize a tax credit that exceeds:

Terms Used In Utah Code 63N-2-104.3

  • Commission: means the Unified Economic Opportunity Commission created in Section 63N-1a-201. See Utah Code 63N-1a-102
  • New commercial project: means an economic development opportunity that:
(a) involves a targeted industry;
(b) is located within:
(i) a county of the third, fourth, fifth, or sixth class; or
(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
(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
  • 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 59-7-614. See Utah Code 63N-2-103
  • (a)  50% of the new state revenues from the new commercial project in any given year;

    (b)  30% of the new state revenues from the new commercial project over a period of up to 20 years; or

    (c)  35% of the new state revenues from the new commercial project over a period of up to 20 years, if:

    (i)  the new commercial project brings 2,500 or more new incremental jobs to the state;

    (ii)  the amount of capital expenditures associated with the new commercial project is $1,000,000,000 or more; and

    (iii)  the commission approves the tax credit.

    (2)  If the office authorizes a tax credit for a new commercial project located within the boundary of:

    (a)  a municipality with a population of 10,000 or less located within a county of the second class and that is experiencing economic hardship as determined by the office, the office may authorize a tax credit of up to 50% of new state revenues from the new commercial project over a period of up to 20 years;

    (b)  a county of the third class, the office may authorize a tax credit of up to 50% of new state revenues from the new commercial project over a period of up to 20 years; and

    (c)  a county of the fourth, fifth, or sixth class, the office may authorize a tax credit of 50% of new state revenues from the new commercial project over a period of up to 20 years.

    Amended by Chapter 499, 2023 General Session