79-6-604. Tax credit -- Application procedure.
(1) An applicant shall provide the office with: an application for a tax credit certificate; documentation that the applicant meets the requirements described in Subsection, to the satisfaction of the office, for the taxable year for which the applicant seeks to claim a tax credit; and 79-6-603(1) documentation that expressly directs and authorizes the State Tax Commission to disclose to the office the applicant's returns and other information concerning the applicant that would otherwise be subject to confidentiality under Sectionor Section 6103, Internal Revenue Code. 59-1-403
(2) The office shall, for an applicant, submit the documentation described in Subsectionto the State Tax Commission. (1)(c) Upon receipt of the documentation described in Subsection, the State Tax Commission shall provide the office with the documentation described in Subsection. (1)(c) (1)(c)
(3) If, after the office reviews the documentation from the State Tax Commission under Subsectionand the information the applicant submits to the office under Section, the office, in consultation with the Utah Energy Infrastructure Board created in Section, determines that the applicant is not eligible for the tax credit under Section, or that the applicant's documentation is inadequate, the office shall: (2)(b) 79-6-603 79-6-902 79-6-603 deny the tax credit; or inform the applicant that the documentation supporting the applicant's claim for a tax credit was inadequate and request that the applicant supplement the applicant's documentation.
(4) Except as provided in Subsection, if, after the office reviews the documentation described in Subsectionand the information described in Subsection, the office, in consultation with the Utah Energy Infrastructure Board created in Section, determines that the documentation supporting an applicant's claim for a tax credit adequately demonstrates that the applicant is eligible for the tax credit under Section, the office shall, on the basis of the documentation: (5) (2)(b) 79-6-603(5) 79-6-902 79-6-603 enter, with the applicant, into the agreement described in Subsection; 79-6-603(3) issue a tax credit certificate to the applicant; and provide a duplicate copy of the tax credit certificate described in Subsectionto the State Tax Commission. (4)(b)
(5) The office may deny an applicant a tax credit based on the recommendation of the Utah Energy Infrastructure Board, as provided in Subsection. 79-6-603(2)
(6) An infrastructure cost-burdened entity may not claim a tax credit unless the infrastructure cost-burdened entity receives a tax credit certificate from the office.
(7) An infrastructure cost-burdened entity that claims a tax credit shall retain the tax credit certificate in accordance with Subsection. 79-6-603(6)
(8) Except for the information that is necessary for the office to disclose in order to make the report described in Section, the office shall treat a document an applicant or infrastructure cost-burdened entity provides to the office as a protected record under Section. 79-6-605 63G-2-305