63N-2-202.  Definitions.
     As used in this part:

(1)  “Business entity” means an entity, sole proprietorship, or individual:

Terms Used In Utah Code 63N-2-202

  • Business entity: means an entity, sole proprietorship, or individual:
(a) including a claimant, estate, or trust; and
(b) under which or by whom business is conducted or transacted. See Utah Code 63N-2-202
  • City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Claimant: means a resident or nonresident person that has:
    (a) Utah taxable income as defined in Section 59-7-101; or
    (b) state taxable income under 1. See Utah Code 63N-2-202
  • Estate: means a nonresident estate or a resident estate that has state taxable income under 2. See Utah Code 63N-2-202
  • 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
  • Statute: A law passed by a legislature.
  • tax credit: means a tax credit that a business entity may:
    (a) claim:
    (i) as provided by statute; and
    (ii) in an amount that does not exceed the business entity's tax liability for a taxable year under:
    (A) Title 59, Chapter 7, Corporate Franchise and Income Taxes; or
    (B) Title 59, Chapter 10, Individual Income Tax Act; and
    (b) carry forward or carry back:
    (i) if allowed by statute; and
    (ii) to the extent that the amount of the tax credit exceeds the business entity's tax liability for a taxable year under:
    (A) Title 59, Chapter 7, Corporate Franchise and Income Taxes; or
    (B) Title 59, Chapter 10, Individual Income Tax Act. See Utah Code 63N-2-202
  • Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
  • Trust: means a nonresident trust or a resident trust that has state taxable income under 2. See Utah Code 63N-2-202
  • (a)  including a claimant, estate, or trust; and

    (b)  under which or by whom business is conducted or transacted.

    (2)  “Claimant” means a resident or nonresident person that has:

    (a)  Utah taxable income as defined in Section 59-7-101; or

    (b)  state taxable income under 1.

    (3)  “County applicant” means the governing authority of a county that meets the requirements for designation as an enterprise zone under Section 63N-2-204.

    (4)  “Estate” means a nonresident estate or a resident estate that has state taxable income under 2.

    (5)  “Municipal applicant” means the governing authority of a city or town that meets the requirements for designation as an enterprise zone under Section 63N-2-204.

    (6)  “Nonrefundable tax credit” or “tax credit” means a tax credit that a business entity may:

    (a)  claim:

    (i)  as provided by statute; and

    (ii)  in an amount that does not exceed the business entity’s tax liability for a taxable year under:

    (A)  Title 59, Chapter 7, Corporate Franchise and Income Taxes; or

    (B)  Title 59, Chapter 10, Individual Income Tax Act; and

    (b)  carry forward or carry back:

    (i)  if allowed by statute; and

    (ii)  to the extent that the amount of the tax credit exceeds the business entity’s tax liability for a taxable year under:

    (A)  Title 59, Chapter 7, Corporate Franchise and Income Taxes; or

    (B)  Title 59, Chapter 10, Individual Income Tax Act.

    (7)  “Tax incentives” or “tax benefits” means the nonrefundable tax credits described in Section 63N-2-213.

    (8)  “Trust” means a nonresident trust or a resident trust that has state taxable income under 2.

    Amended by Chapter 465, 2019 General Session