Title 59, Revenue and Taxation

59-7-804. Transition rule -- Net loss carryforwards. Net operating losses shall be recognized to the extent recognized for federal purposes even if incurred prior to the effective date of this part.

59-7-805. Apportionment provisions. For purposes of this part, only the property, payroll, and sales included in the computation of unrelated business income or directly related to the unrelated business income of an exempt organization shall be included when apportioning income …

59-7-902. Definitions. As used in this part: (1) "Tax credit" means a nonrefundable tax credit listed on a tax return. (2) "Tax return" means: (a) a corporate return as defined in Section 59-7-101 filed in accordance with this chapter; or (b) a tax return filed in accordance with…

59-7-903. Removal of tax credit from tax return -- Prohibition on claiming a tax credit -- Commission publishing requirements. (1) Subject to Subsection (2) and except as provided in Subsection (3), the commission shall remove a tax credit from a tax return and a person filing a …

59-8-101. Title. This chapter is known as the "Gross Receipts Tax on Certain Corporations Not Required to Pay Corporate Franchise or Income Tax Act."

59-8-102. Purpose. The purpose of this chapter is to provide for the imposition of an in lieu excise tax on the gross receipts of corporations, other than those described in Subsection 59-7-102(3), eleemosynary, religious, or charitable institutions, operating in this state who a…

59-8-103. Definitions. As used in this chapter: (1) "Corporation" means: (a) any domestic corporation organized under Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act; (b) any foreign corporation engaged in business in this state under Title 16, Chapter 1a, Part 5, Fo…

59-8-104. Rate -- Change of rate. (1) Beginning on or after July 1, 2006, and subject to Section 11-13-303, an in lieu excise tax is imposed on the gross receipts of a taxpayer engaging in business in the state of Utah in each taxable year as follows: Gross Receipts Amount | Rate…

59-8-105. Time for filing of return -- Other applicable provisions. (1) Each taxpayer upon whom a gross receipts tax is imposed under this chapter shall file a return with and pay the tax reflected in the return to the commission semiannually on or before the last day of July and…

59-8-106. Rulemaking authority. The commission is charged with the administration and enforcement of this chapter and may promulgate such rules under Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as may be required to effectuate the purposes of this chapter.

59-9-101. Tax basis -- Rates -- Exemptions -- Rate reductions. (1)(a) Except as provided in Subsection (1)(b), (1)(d), or (5), an admitted insurer shall pay to the commission on or before March 31 in each year, a tax of 2.25% of the total premiums received by admitted insurer dur…

59-9-102. Offsets. (1) If any authorized insurer doing business in this state during the tax year pays a property tax in this state, the insurer may deduct from the tax provided under this chapter that portion of the property tax paid for general state purposes. (2) Any domestic …

59-9-102.5. Offset for occupational health and safety related donations. (1) As used in this section: (a) "Occupational health and safety center" means the Rocky Mountain Center for Occupational and Environmental Health created in Title 53H, Chapter 5, Part 2, Rocky Mountain Cent…

59-9-103. Taxation of insurers otherwise untaxed. (1) As used in this section: (a) "Administrative and claims expense" includes all claims paid, agency expenses, third party administrator expenses, taxes, licenses, fees, loss adjustment expenses, legal expenses, reinsurance premi…

59-9-104. Installment payments -- Penalty. (1) A person whose total tax obligation under this chapter for the preceding taxable year was $10,000 or more shall pay the taxes levied under this chapter in quarterly installments. Each installment shall be based on the estimated insur…

59-9-105. Tax on certain insurers to pay for relative value study and other publications or services. (1) An insurer that provides coverage for motor vehicle liability, uninsured motorist, and personal injury protection shall pay to the State Tax Commission on or before March 31 …

59-9-108. Utah low-income housing tax credit. (1) As used in this section, "qualified taxpayer" means: (a) for a person claiming a tax credit under Section 59-7-607, the same as that term is defined in Section 59-7-607; or (b) for a person claiming a tax credit under Section 59-1…

59-10-1002. Definitions. As used in this part: (1)(a) Except as provided in Subsection (1)(b) or Subsection 59-10-1003(2), "claimant" means a resident or nonresident person that has state taxable income. (b) "Claimant" does not include an estate or trust. (2) Except as provided i…

59-10-1002.1. Removal of tax credit from tax return and prohibition on claiming a tax credit -- Conditions for removal and prohibition on claiming a tax credit -- Commission publishing requirements. (1) As used in this section, "tax return" means a tax return filed in accordance …

59-10-1002.2. Apportionment of tax credits. (1) A nonresident individual or a part-year resident individual that claims a tax credit in accordance with Section 59-10-1017, 59-10-1018, 59-10-1019, 59-10-1022, 59-10-1023, 59-10-1024, 59-10-1028, 59-10-1042, 59-10-1043, 59-10-1044, …

59-10-1003. Tax credit for tax paid by individual to another state. (1) Except as provided in Subsection (2), a claimant, estate, or trust may claim a nonrefundable tax credit against the tax otherwise due under this chapter equal to the amount of the tax imposed: (a) on that cla…

59-10-1004. Tax credit for cash contributions to sheltered workshops. (1) For tax years beginning January 1, 1983, and thereafter, in computing the tax due the state under Section 59-10-104 there shall be a nonrefundable tax credit allowed for cash contributions made by a claiman…

59-10-1005. Tax credit for at-home parent. (1) As used in this section: (a) "At-home parent" means a parent: (i) who provides full-time care at the parent's residence for one or more of the parent's own qualifying children; (ii) who claims the qualifying child as a dependent on t…

59-10-1006. Historic preservation tax credit. (1)(a) For tax years beginning January 1, 1993, and thereafter, there is allowed to a claimant, estate, or trust, as a nonrefundable tax credit against the income tax due, an amount equal to 20% of qualified rehabilitation expenditure…

59-10-1007. Recycling market development zones tax credits. (1) Subject to other provisions of this section, a claimant, estate, or trust in a recycling market development zone as defined in Section 19-13-102 may claim the following nonrefundable tax credits: (a) a tax credit equ…

59-10-1010. Utah low-income housing tax credit. (1) As used in this section: (a) "Allocation certificate" means a certificate in a form prescribed by the commission and issued by the corporation to a housing sponsor that specifies the aggregate amount of the tax credit awarded un…

59-10-1012. Tax credits for research activities conducted in the state -- Carry forward -- Commission to report modification or repeal of certain federal provisions -- Revenue and Taxation Interim Committee study. (1)(a) A claimant, estate, or trust meeting the requirements of th…

59-10-1014. Nonrefundable clean energy systems tax credits -- Definitions -- Certification -- Rulemaking authority. (1) As used in this section: (a)(i) "Active solar system" means a system of equipment that is capable of: (A) collecting and converting incident solar radiation int…

59-10-1015. Definitions -- Tax credit for live organ donation expenses -- Rulemaking authority. (1) As used in this section: (a) "human organ" means: (i) human bone marrow; or (ii) any part of a human: (A) intestine; (B) kidney; (C) liver; (D) lung; or (E) pancreas; (b) "live org…

59-10-1017. Utah Educational Savings Plan tax credit. (1) As used in this section: (a) "Account owner" means the same as that term is defined in Section 53H-10-101. (b) "Grantor trust" means the same as that term is defined in Section 53H-10-201. (c) "Higher education costs" mean…

59-10-1018. Definitions -- Nonrefundable taxpayer tax credits. (1) As used in this section: (a) "Head of household filing status" means a head of household, as defined in Section 2(b), Internal Revenue Code, who files a single federal individual income tax return for the taxable …

59-10-1019. Definitions -- Nonrefundable retirement tax credit. (1) As used in this section: (a) "Eligible claimant" means a claimant, regardless of whether that claimant is retired, who was born on or before December 31, 1952. (b) "Head of household filing status" means the same…

59-10-1020. Nonrefundable estate or trust tax credit. (1) For taxable years beginning on or after January 1, 2008, an estate or trust may claim a nonrefundable tax credit against taxes otherwise due under Part 2, Trusts and Estates, equal to the product of: (a) the sum of: (i) th…

59-10-1022. Nonrefundable tax credit for capital gain transactions. (1) As used in this section: (a)(i) "Capital gain transaction" means a transaction that results in a: (A) short-term capital gain; or (B) long-term capital gain. (ii) In accordance with Title 63G, Chapter 3, Utah…

59-10-1023. Nonrefundable tax credit for amounts paid under a health benefit plan. (1) As used in this section: (a) "Claimant with dependents" means a claimant: (i) regardless of the claimant's filing status for purposes of filing a federal individual income tax return for the ta…

59-10-1025. Nonrefundable tax credit for investment in certain life science establishments. (1) As used in this section: (a) "Commercial domicile" means the principal place from which the trade or business of a Utah small business corporation is directed or managed. (b) "Eligible…

59-10-1027. Nonrefundable tax credit for combat related death. (1) As used in this section: (a) "Active component of the United States Armed Forces" means active duty service in the United States Army, United States Navy, United States Air Force, United States Marine Corps, Unite…

59-10-1028. Nonrefundable tax credit for capital gain transactions on the exchange of one form of legal tender for another form of legal tender. (1) As used in this section: (a) "Capital gain transaction" means a transaction that results in a: (i) short-term capital gain; or (ii)…

59-10-103. Definitions. (1) As used in this chapter: (a)(i) "Adjusted gross income": (A) for a resident or nonresident individual, means the same as that term is defined in Section 62, Internal Revenue Code; or (B) for a resident or nonresident estate or trust, is as calculated i…

59-10-103.1. Information to be contained on individual income tax returns or booklets. (1) The commission shall print the phrase "all state income tax dollars support education, children, and individuals with disabilities" on: (a) the first page of an individual income tax return…

59-10-1031. Nonrefundable tax credit for employing a recently deployed veteran. (1) As used in this section, "recently deployed veteran" means an individual who: (a) was mobilized to active federal military service in: (i) an active component of the United States Armed Forces as …

59-10-1032. Nonrefundable tax credit for employment of a person who is homeless. (1) As used in this section: (a) "Eligible employer" means a person who receives a tax credit certificate from the Department of Workforce Services in accordance with Title 35A, Chapter 5, Part 3, Ta…

59-10-1033.1. Tax credit related to alternative fuel heavy duty vehicles. (1) As used in this section: (a) "Board" means the Air Quality Board created under Title 19, Chapter 2, Air Conservation Act. (b) "Director" means the director of the Division of Air Quality appointed under…

59-10-1034. Nonrefundable high cost infrastructure development tax credit. (1) As used in this section: (a) "High cost infrastructure project" means the same as that term is defined in Section 79-6-602. (b) "Infrastructure cost-burdened entity" means the same as that term is defi…

59-10-1035. Nonrefundable tax credit for contribution to state Achieving a Better Life Experience Program account. (1) As used in this section: (a) "Account" means an account in a qualified ABLE program where the designated beneficiary of the account is a resident of this state. …

59-10-1036. Nonrefundable tax credit for military survivor benefits. (1) As used in this section: (a) "Dependent child" means the same as that term is defined in 10 U.S.C. Sec. 1447. (b) "Reserve components" means the same as that term is described in 10 U.S.C. Sec. 10101. (c) "S…