59-10-1403.1. Income tax treatment of a pass-through entity taxpayer -- Return filing requirements.
(1) Subject to the other provisions of this part, a pass-through entity taxpayer is subject to taxation: for a pass-through entity taxpayer that is classified as a C corporation for federal income tax purposes: if that pass-through entity taxpayer is a resident pass-through entity taxpayer, as a domestic corporation is taxed under; or Chapter 7, Corporate Franchise and Income Taxes if that pass-through entity taxpayer is a nonresident pass-through entity taxpayer, as a foreign corporation is taxed under; or Chapter 7, Corporate Franchise and Income Taxes for a pass-through entity taxpayer that is classified as an estate, individual, partnership, S corporation, or a trust for federal income tax purposes: if that pass-through entity taxpayer is a resident pass-through entity taxpayer, as a resident estate, resident individual, resident partnership, resident S corporation, or resident trust is taxed under this chapter; or if that pass-through entity taxpayer is a nonresident pass-through entity taxpayer, as a nonresident estate, nonresident individual, nonresident partnership, nonresident S corporation, or nonresident trust is taxed under this chapter.
(2) A pass-through entity taxpayer is subject to taxation on the pass-through entity taxpayer's share of income, gain, loss, deduction, or credit of the pass-through entity.
(3) Subject to Subsection, a resident pass-through entity taxpayer shall file a return: (3)(b)(iii) if the resident pass-through entity taxpayer is classified as a C corporation for federal income tax purposes, as a domestic corporation under; or Chapter 7, Corporate Franchise and Income Taxes if the resident pass-through entity taxpayer is classified as an estate, individual, partnership, S corporation, or a trust for federal income tax purposes, as a resident estate, resident individual, resident partnership, resident S corporation, or resident trust under this chapter. Except as provided in Subsectionand subject to Subsectionor, a nonresident pass-through entity taxpayer shall file a return: (3)(b)(ii) (3)(b)(iii) (iv) if the nonresident pass-through entity taxpayer is classified as a C corporation for federal income tax purposes, as a foreign corporation under; or Chapter 7, Corporate Franchise and Income Taxes if the nonresident pass-through entity taxpayer is classified as an estate, individual, partnership, S corporation, or a trust for federal income tax purposes, as a nonresident estate, nonresident individual, nonresident partnership, nonresident S corporation, or nonresident trust under this chapter. A nonresident pass-through entity taxpayer is not required to file a return if: the nonresident pass-through entity taxpayer does not have: for a nonresident pass-through entity taxpayer that is classified as a C corporation for federal income tax purposes, unadjusted income as defined in Sectionderived from or connected with Utah sources, except for the nonresident pass-through entity taxpayer's share of income, gain, loss, deduction, or credit of the pass-through entity; 59-7-101 for a nonresident pass-through entity taxpayer that is classified as an individual, partnership, or S corporation for federal income tax purposes, adjusted gross income derived from or connected with Utah sources, except for the nonresident pass-through entity taxpayer's share of income, gain, loss, deduction, or credit of the pass-through entity; or for a nonresident pass-through entity taxpayer that is classified as an estate or a trust for federal income tax purposes, unadjusted income as defined in Sectionderived from or connected with Utah sources, except for the nonresident pass-through entity taxpayer's share of income, gain, loss, deduction, or credit of the pass-through entity; 59-10-103 the nonresident pass-through entity taxpayer does not seek to claim a tax credit allowed against a tax imposed under:; or Chapter 7, Corporate Franchise and Income Taxes this chapter; the pass-through entity pays or withholds a tax on behalf of the nonresident pass-through entity taxpayer and remits that tax to the commission: in accordance with Section; and 59-10-1403.2 if a nonresident pass-through entity taxpayer is classified as a C corporation for federal income tax purposes, in an amount that is equal to or greater than the minimum tax under Section; and 59-7-104 the nonresident pass-through entity taxpayer is not a member of a unitary group as defined in Sectionthat is required to file a return in this state. 59-7-101 A nonresident pass-through entity taxpayer that is not otherwise required to file a return under this Subsectionmay file a return under: (3); or Chapter 7, Corporate Franchise and Income Taxes this chapter. In accordance with, the commission may make rules for a pass-through entity taxpayer, except for a pass-through entity taxpayer who is a resident individual, to file a return under this section if two or more pass-through entities pay or withhold a tax in accordance with Sectionon behalf of the pass-through entity taxpayer. Title 63G, Chapter 3, Utah Administrative Rulemaking Act 59-10-1403.2