59-10-1403.3. Refund of amounts paid or withheld for a pass-through entity.
(1) As used in this section,"qualifying excess withholding" means an amount that: is paid or withheld: by a pass-through entity that has a different taxable year than the pass-through entity that requests a refund under this section; and on behalf of the pass-through entity that requests the refund, if the pass-through entity that requests the refund also is a pass-through entity taxpayer; and is equal to the difference between: the amount paid or withheld for the taxable year on behalf of the pass-through entity that requests the refund; and the product of the percentage listed in Subsectionand the income, described in Subsection, of the pass-through entity that requests the refund. 59-10-104(2) 59-10-1403.2(1)(a)(i)
(2) A pass-through entity may claim a refund of qualifying excess withholding, if the amount of the qualifying excess withholding is equal to or greater than $250,000.
(3) A pass-through entity that requests a refund of qualifying excess withholding under this section shall: apply to the commission for a refund on or, subject to Subsection, after the day on which the pass-through entity files the pass-through entity's income tax return; and (4) provide any information that the commission may require to determine that the pass-through entity is eligible to receive the refund.
(4) A pass-through entity shall claim a refund of qualifying excess withholding under this section within 30 days after the earlier of the day on which: the pass-through entity files an income tax return; or the pass-through entity's income tax return is due, including any extension of due date authorized in statute.
(5) In accordance with, the commission may make rules establishing the information that a pass-through entity shall provide to the commission to obtain a refund of qualifying excess withholding under this section. Title 63G, Chapter 3, Utah Administrative Rulemaking Act