59-10-1042. Nonrefundable tax credit for social security benefits.
(1) As used in this section:
(a) "Head of household filing status" means the same as that term is defined in Section 59-10-1018.
(b) "Joint filing status" means the same as that term is defined in Section 59-10-1018.
(c) "Married filing separately status" means a married individual who:
(i) does not file a single federal individual income tax return jointly with that married individual's spouse for the taxable year; and
(ii) files a single federal individual income tax return for the taxable year.
(d) "Modified adjusted gross income" means the sum of the following for a claimant or, if the claimant's return under this chapter is allowed a joint filing status, the claimant and the claimant's spouse:
(i) adjusted gross income for the taxable year for which a tax credit is claimed under this section;
(ii) any interest income that is not included in adjusted gross income for the taxable year described in Subsection (1)(d)(i); and
(iii) any addition to adjusted gross income required by Section 59-10-114 for the taxable year described in Subsection (1)(d)(i).
(e) "Single filing status" means a single individual who files a single federal individual income tax return for the taxable year.
(f) "Social security benefit" means an amount received by a claimant as a monthly benefit in accordance with the Social Security Act, 42 U.S.C. Sec. 401 et seq.
(2) Except as provided in Section 59-10-1002.2 and Subsections (3) and (4), each claimant on a return that receives a social security benefit may claim a nonrefundable tax credit against taxes otherwise due under this part equal to the product of:
(a) the percentage listed in Subsection 59-10-104(2); and
(b) the claimant's social security benefit that is included in the claimant's state taxable income for the taxable year.
(3) A claimant may not:
(a) carry forward or carry back the amount of a tax credit under this section that exceeds the claimant's tax liability for the taxable year; or
(b) claim a tax credit under this section for a taxable year if a tax credit under Section 59-10-1019 is claimed on the claimant's return for the same taxable year.
(4) The tax credit allowed by Subsection (2) claimed on a return filed under this part shall be reduced by $.025 for each dollar by which modified adjusted gross income for purposes of the return exceeds:
(a) for a return filed under this chapter that is allowed a married filing separately status, $45,000;
(b) for a return filed under this chapter that is allowed a single filing status, $54,000;
(c) for a return filed under this chapter that is allowed a head of household filing status, $90,000; or
(d) for a return filed under this chapter that is allowed a joint filing status, $90,000.
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules governing the calculation and method for claiming the tax credit described in this section.