63N-4-304.  Tax credit.

(1)  On the closing date, a claimant whose affidavit was included in an approved application submitted under Section 63N-4-303 shall earn a vested tax credit equal to the amount of the claimant’s credit-eligible capital contribution to the rural investment company.

Terms Used In Utah Code 63N-4-304

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Claimant: means a resident or nonresident person that has state taxable income. See Utah Code 63N-4-302
  • Closing date: means the date on which a rural investment company collects:
(a) all of the investments described in Subsection 63N-4-303(7) related to phase one investment authority; or
(b) all of the investments described in Subsection 63N-4-303(7) related to phase two investment authority. See Utah Code 63N-4-302
  • Commission: means the Unified Economic Opportunity Commission created in Section 63N-1a-201. See Utah Code 63N-1a-102
  • Person: means :Utah Code 68-3-12.5
  • Program: means the provisions of this part applicable to a rural investment company. See Utah Code 63N-4-302
  • Rural investment company: means a person approved by the office under Section 63N-4-303. See Utah Code 63N-4-302
  • 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 a rural job creation tax credit created by Section 59-7-621 or 59-10-1038. See Utah Code 63N-4-302
  • Tax credit certificate: means a certificate issued by the office that:
    (a) lists the name of the person to which the office authorizes a tax credit;
    (b) lists the person's taxpayer identification number;
    (c) lists the amount of tax credit that the office authorizes the person to claim for the taxable year; and
    (d) may include other information as determined by the office. See Utah Code 63N-4-302
    (2)  In each of the taxable years that includes the fourth through seventh anniversaries of the closing date, the office shall:

    (a)  issue a tax credit certificate to each approved claimant, specifying a tax credit amount for the taxable year equal to 25% of the claimant’s total credit-eligible capital contribution; and

    (b)  provide a report to the State Tax Commission listing each claimant that received a tax credit certificate under Subsection (2)(a) and the tax credit amount listed on the certificate.

    (3) 

    (a)  A claimant may not claim a tax credit under this section unless the claimant has a tax credit certificate issued by the office.

    (b)  A claimant claiming a credit under this section shall retain a tax credit certificate the claimant receives from the office for the same time period a person is required to keep books and records under Section 59-1-1406.

    (4)  In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office shall make rules describing:

    (a)  the documentation requirements for a business entity to receive a tax credit certificate under this section; and

    (b)  administration of the program, including relevant timelines and deadlines.

    Enacted by Chapter 274, 2017 General Session