63N-2-303.  Duties of the office.
     The office shall:

(1)  monitor the implementation and operation of this part and conduct a continuing evaluation of the effectiveness of the targeted business income tax credit in bringing significant new employment and significant new capital development to rural communities;

Terms Used In Utah Code 63N-2-303

  • Business applicant: means a business that:
(a) is a claimant, estate, or trust; and
(b) meets the criteria established in Section 63N-2-304. See Utah Code 63N-2-302
  • Community investment project: means a project that includes one or more of the following criteria in addition to the normal operations of the business applicant:
    (a) significant new employment; or
    (b) significant new capital development. See Utah Code 63N-2-302
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Targeted business income tax credit: means a refundable tax credit available under this part. See Utah Code 63N-2-302
  • Targeted business income tax credit eligibility certificate: means a document provided by the office to a business applicant before the applicant may claim a targeted business income tax credit under this part. See Utah Code 63N-2-302
  • (2)  determine a business entity’s eligibility for a targeted business income tax credit award;

    (3)  ensure that tax credits are only awarded under this part to a business applicant that has satisfied performance benchmarks as determined by the office;

    (4)  ensure that the amount of targeted business income tax credit awarded to a business applicant through a targeted business income tax credit eligibility certificate is no more than $100,000 for the business applicant’s taxable year;

    (5)  ensure that the aggregate amount of targeted business income tax credits awarded to business applicants through targeted business income tax credit eligibility certificates is no more than $300,000 for each fiscal year;

    (6)  as part of the annual written report described in Section 63N-1a-306, prepare an annual evaluation that provides:

    (a)  the identity of each business applicant that was provided a targeted business income tax credit eligibility certificate by the office during the year of the annual report; and

    (b)  the total amount awarded in targeted business income tax credit for each development zone; and

    (7)  in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in accordance with the provisions of this part, make rules regarding:

    (a)  the determination of what constitutes:

    (i)  significant new employment;

    (ii)  significant new capital development; and

    (iii)  a community investment project;

    (b)  the form and content of an application for a targeted business income tax credit eligibility certificate under this part;

    (c)  documentation or other requirements for a business applicant to receive a targeted business income tax credit eligibility certificate under this part; and

    (d)  administration of targeted business income tax credit awards and the issuing of targeted business income tax credit eligibility certificates, including relevant timelines and deadlines.

    Amended by Chapter 282, 2021 General Session