Utah House Bill HB0060 Substitute / Bill

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Daniel McCay proposes the following substitute bill:
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State Income Tax Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: Daniel McCay
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LONG TITLE
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General Description:
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This bill modifies provisions of the income tax code.
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Highlighted Provisions:
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This bill:
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▸ repeals obsolete language;
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▸ provides the scope of the State Tax Commission's authority to share income tax return
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information with the Department of Workforce Services to determine eligibility for
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public assistance;
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▸ requires a payment settlement entity, such as a marketplace facilitator, to file certain
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federal forms with the State Tax Commission;
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▸ clarifies what is a commercial unit for purposes of claiming a commercial energy system
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tax credit;
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▸ updates the circumstances under which an individual is exempt from individual income
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tax;
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▸ creates a deduction for individuals who have to repay social security that is subject to
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income tax;
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▸ provides for the repeal of the enterprise zone tax credit, which, by statute, automatically
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expired;
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▸ extends the carry forward period for a tax credit available to a pass-through entity
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taxpayer who receives income from a pass-through entity that paid the income tax on the
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income;
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▸ provides the circumstances for the automatic removal of refundable individual income tax
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credits from the income tax return; and
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▸ makes technical changes.
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Money Appropriated in this Bill:
3rd Sub. H.B. 60 3rd Sub. (Cherry) H.B. 60	02-03 14:42
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None
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Other Special Clauses:
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This bill provides a special effective date.
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This bill provides retrospective operation.
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Utah Code Sections Affected:
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AMENDS:
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31A-32a-103 (Effective  05/07/25), as last amended by Laws of Utah 2008, Chapter 389
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35A-3-105 (Effective  05/07/25), as last amended by Laws of Utah 2015, Chapter 221
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59-1-403 (Effective  05/07/25), as last amended by Laws of Utah 2024, Chapters 25, 35
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59-7-614 (Effective  05/07/25) (Applies beginning  01/01/25), as last amended by Laws of
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Utah 2024, Chapter 53
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59-7-614.10 (Effective  05/07/25) (Applies beginning  01/01/25), as last amended by
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Laws of Utah 2021, Chapter 282
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59-10-104.1 (Effective  01/01/26), as last amended by Laws of Utah 2008, Chapter 389
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59-10-114 (Effective  01/01/26), as last amended by Laws of Utah 2023, Chapter 470
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59-10-510 (Effective  01/01/26), as last amended by Laws of Utah 2009, Chapter 212
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59-10-1037 (Effective  05/07/25) (Applies beginning  01/01/25), as last amended by Laws
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of Utah 2021, Chapter 282
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59-10-1042 (Effective  01/01/26), as last amended by Laws of Utah 2023, Chapter 459
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59-10-1045 (Effective  01/01/26) (Applies beginning  01/01/25), as last amended by Laws
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of Utah 2023, Chapter 470
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63I-2-259 (Effective  05/07/25), as last amended by Laws of Utah 2024, Third Special
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Session, Chapter 5
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63I-2-263 (Effective  05/07/25), as last amended by Laws of Utah 2024, Third Special
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Session, Chapter 5
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ENACTS:
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59-1-1801 (Effective  01/01/26), Utah Code Annotated 1953
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59-1-1802 (Effective  01/01/26), Utah Code Annotated 1953
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59-10-1102.2 (Effective  05/07/25) (Applies beginning  01/01/25), Utah Code
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Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.  Section 31A-32a-103 is amended to read:
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31A-32a-103  (Effective  05/07/25). Establishing medical care savings accounts.
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(1) [For a taxable year beginning on or after January 1, 1995:]
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(a) [an] An employer, except as otherwise provided by contract or a collective bargaining
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agreement, may offer a medical care savings account program to the employer's
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employees[; or] .
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(b) [a] A resident individual may establish a medical care savings account program for
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the individual or for the individual's dependents.
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(2)(a) A contribution into an account made by an employer on behalf of an employee, or
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made by an individual account holder, may not exceed the greater of:
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(i) $2,000 in any taxable year; or
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(ii) an amount of money equal to the sum of all eligible medical expenses paid by the
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employee or account holder for that taxable year on behalf of the employee,
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account holder, or the employee's or account holder's spouse or dependents.
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(b) For purposes of Subsection (2)(a)(ii), eligible medical expenses are limited to
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expenses in the taxable year that an insurance carrier has applied to the employee's or
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account holder's deductible.
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(3) An employer that offers a medical care savings account program shall, before making
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any contributions:
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(a) inform all employees in writing of the fact that these contributions may not be
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deductible under the federal tax laws; and
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(b) obtain from the employee a written election to participate in the medical care savings
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account program.
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[(4) Except as provided in Sections 31A-32a-105 and 59-10-114, principal contributed to
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and interest earned on a medical care savings account and money reimbursed to an
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employee or account holder for eligible medical expenses are exempt from taxation.]
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[(5)] (4)(a) An employer may select a single account administrator for all of the
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employer's employee's medical care savings accounts.
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(b) If a single account administrator is not selected, an employer may contribute directly
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to the account holder's individual medical care savings account.
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Section 2.  Section 35A-3-105 is amended to read:
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35A-3-105  (Effective  05/07/25). Determination of eligibility and responsibility --
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Information from State Tax Commission.
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(1) [The] Except as prohibited by federal law, the department may have access to relevant
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information contained in the income tax returns of an applicant, a recipient, or a person
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who has a duty to support an applicant or recipient, in determining:
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(a) eligibility for public assistance;
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(b) payment responsibilities for institutional care; or
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(c) any other administrative purpose consistent with this chapter.
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(2) The information requested by the department shall be:
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(a) provided by the State Tax Commission, to the extent authorized by federal law, on
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forms [furnished] provided by the department; and
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(b) treated by the department as a private record under Title 63G, Chapter 2,
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Government Records Access and Management Act.
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Section 3.  Section 59-1-403 is amended to read:
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59-1-403  (Effective  05/07/25). Confidentiality -- Exceptions -- Penalty --
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Application to property tax.
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(1) As used in this section:
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(a) "Distributed tax, fee, or charge" means a tax, fee, or charge:
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(i) the commission administers under:
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(A) this title, other than a tax under Chapter 12, Part 2, Local Sales and Use Tax
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Act;
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(B) Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act;
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(C) Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act;
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(D) Section 19-6-805;
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(E) Section 63H-1-205; or
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(F) Title 69, Chapter 2, Part 4, Prepaid Wireless Telecommunications Service
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Charges; and
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(ii) with respect to which the commission distributes the revenue collected from the
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tax, fee, or charge to a qualifying jurisdiction.
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(b) "Qualifying jurisdiction" means:
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(i) a county, city, or town;
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(ii) the military installation development authority created in Section 63H-1-201; or
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(iii) the Utah Inland Port Authority created in Section 11-58-201.
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(2)(a) Any of the following may not divulge or make known in any manner any
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information gained by that person from any return filed with the commission:
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(i) a tax commissioner;
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(ii) an agent, clerk, or other officer or employee of the commission; or
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(iii) a representative, agent, clerk, or other officer or employee of any county, city, or
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town.
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(b) An official charged with the custody of a return filed with the commission is not
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required to produce the return or evidence of anything contained in the return in any
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action or proceeding in any court, except:
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(i) in accordance with judicial order;
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(ii) on behalf of the commission in any action or proceeding under:
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(A) this title; or
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(B) other law under which persons are required to file returns with the
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commission;
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(iii) on behalf of the commission in any action or proceeding to which the
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commission is a party; or
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(iv) on behalf of any party to any action or proceeding under this title if the report or
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facts shown by the return are directly involved in the action or proceeding.
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(c) Notwithstanding Subsection (2)(b), a court may require the production of, and may
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admit in evidence, any portion of a return or of the facts shown by the return, as are
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specifically pertinent to the action or proceeding.
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(3) This section does not prohibit:
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(a) a person or that person's duly authorized representative from receiving a copy of any
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return or report filed in connection with that person's own tax;
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(b) the publication of statistics as long as the statistics are classified to prevent the
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identification of particular reports or returns; and
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(c) the inspection by the attorney general or other legal representative of the state of the
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report or return of any taxpayer:
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(i) who brings action to set aside or review a tax based on the report or return;
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(ii) against whom an action or proceeding is contemplated or has been instituted
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under this title; or
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(iii) against whom the state has an unsatisfied money judgment.
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(4)(a) Notwithstanding Subsection (2) and for purposes of administration, the
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commission may by rule, made in accordance with Title 63G, Chapter 3, Utah
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Administrative Rulemaking Act, provide for a reciprocal exchange of information
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with:
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(i) the United States Internal Revenue Service; or
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(ii) the revenue service of any other state.
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(b) Notwithstanding Subsection (2) and for all taxes except individual income tax and
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corporate franchise tax, the commission may by rule, made in accordance with Title
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63G, Chapter 3, Utah Administrative Rulemaking Act, share information gathered
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from returns and other written statements with the federal government, any other
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state, any of the political subdivisions of another state, or any political subdivision of
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this state, except as limited by Sections 59-12-209 and 59-12-210, if the political
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subdivision, other state, or the federal government grant substantially similar
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privileges to this state.
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(c) Notwithstanding Subsection (2) and for all taxes except individual income tax and
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corporate franchise tax, the commission may by rule, in accordance with Title 63G,
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Chapter 3, Utah Administrative Rulemaking Act, provide for the issuance of
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information concerning the identity and other information of taxpayers who have
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failed to file tax returns or to pay any tax due.
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(d) Notwithstanding Subsection (2), the commission shall provide to the director of the
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Division of Environmental Response and Remediation, as defined in Section
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19-6-402, as requested by the director of the Division of Environmental Response
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and Remediation, any records, returns, or other information filed with the
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commission under Chapter 13, Motor and Special Fuel Tax Act, or Section
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19-6-410.5 regarding the environmental assurance program participation fee.
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(e) Notwithstanding Subsection (2), at the request of any person the commission shall
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provide that person sales and purchase volume data reported to the commission on a
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report, return, or other information filed with the commission under:
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(i) Chapter 13, Part 2, Motor Fuel; or
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(ii) Chapter 13, Part 4, Aviation Fuel.
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(f) Notwithstanding Subsection (2), upon request from a tobacco product manufacturer,
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as defined in Section 59-22-202, the commission shall report to the manufacturer:
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(i) the quantity of cigarettes, as defined in Section 59-22-202, produced by the
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manufacturer and reported to the commission for the previous calendar year under
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Section 59-14-407; and
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(ii) the quantity of cigarettes, as defined in Section 59-22-202, produced by the
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manufacturer for which a tax refund was granted during the previous calendar
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year under Section 59-14-401 and reported to the commission under Subsection
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59-14-401(1)(a)(v).
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(g) Notwithstanding Subsection (2), the commission shall notify manufacturers,
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distributors, wholesalers, and retail dealers of a tobacco product manufacturer that is
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prohibited from selling cigarettes to consumers within the state under Subsection
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59-14-210(2).
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(h) Notwithstanding Subsection (2), the commission may:
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(i) provide to the Division of Consumer Protection within the Department of
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Commerce and the attorney general data:
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(A) reported to the commission under Section 59-14-212; or
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(B) related to a violation under Section 59-14-211; and
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(ii) upon request, provide to any person data reported to the commission under
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Subsections 59-14-212(1)(a) through (c) and Subsection 59-14-212(1)(g).
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(i) Notwithstanding Subsection (2), the commission shall, at the request of a committee
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of the Legislature, the Office of the Legislative Fiscal Analyst, or the Governor's
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Office of Planning and Budget, provide to the committee or office the total amount of [
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revenues] revenue collected by the commission under Chapter 24, Radioactive Waste
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Facility Tax Act, for the time period specified by the committee or office.
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(j) Notwithstanding Subsection (2), the commission shall make the directory required by
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Section 59-14-603 available for public inspection.
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(k) Notwithstanding Subsection (2), the commission may share information with federal,
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state, or local agencies as provided in Subsection 59-14-606(3).
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(l)(i) Notwithstanding Subsection (2), the commission shall provide the Office of
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Recovery Services within the Department of Health and Human Services any
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relevant information obtained from a return filed under Chapter 10, Individual
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Income Tax Act, regarding a taxpayer who has become obligated to the Office of
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Recovery Services.
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(ii) The information described in Subsection (4)(l)(i) may be provided by the Office
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of Recovery Services to any other state's child support collection agency involved
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in enforcing that support obligation.
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(m)(i) Notwithstanding Subsection (2), upon request from the state court
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administrator, the commission shall provide to the state court administrator, the
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name, address, telephone number, county of residence, and social security number
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on resident returns filed under Chapter 10, Individual Income Tax Act.
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(ii) The state court administrator may use the information described in Subsection
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(4)(m)(i) only as a source list for the master jury list described in Section
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78B-1-106.
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(n)(i) As used in this Subsection (4)(n):
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(A) "GOEO" means the Governor's Office of Economic Opportunity created in
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Section 63N-1a-301.
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(B) "Income tax information" means information gained by the commission that is
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required to be attached to or included in a return filed with the commission
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under Chapter 7, Corporate Franchise and Income Taxes, or Chapter 10,
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Individual Income Tax Act.
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(C) "Other tax information" means information gained by the commission that is
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required to be attached to or included in a return filed with the commission
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except for a return filed under Chapter 7, Corporate Franchise and Income
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Taxes, or Chapter 10, Individual Income Tax Act.
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(D) "Tax information" means income tax information or other tax information.
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(ii)(A) Notwithstanding Subsection (2) and except as provided in Subsection
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(4)(n)(ii)(B) or (C), the commission shall at the request of GOEO provide to
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GOEO all income tax information.
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(B) For purposes of a request for income tax information made under Subsection
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(4)(n)(ii)(A), GOEO may not request and the commission may not provide
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toGOEO a person's address, name, social security number, or taxpayer
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identification number.
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(C) In providing income tax information to GOEO, the commission shall in all
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instances protect the privacy of a person as required by Subsection (4)(n)(ii)(B).
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(iii)(A) Notwithstanding Subsection (2) and except as provided in Subsection
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(4)(n)(iii)(B), the commission shall at the request of GOEO provide to GOEO
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other tax information.
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(B) Before providing other tax information to GOEO, the commission shall redact
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or remove any name, address, social security number, or taxpayer identification
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number.
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(iv) GOEO may provide tax information received from the commission in accordance
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with this Subsection (4)(n) only:
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(A) as a fiscal estimate, fiscal note information, or statistical information; and
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(B) if the tax information is classified to prevent the identification of a particular
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return.
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(v)(A) A person may not request tax information from GOEO under Title 63G,
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Chapter 2, Government Records Access and Management Act, or this section,
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if GOEO received the tax information from the commission in accordance with
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this Subsection (4)(n).
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(B) GOEO may not provide to a person that requests tax information in
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accordance with Subsection (4)(n)(v)(A) any tax information other than the tax
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information GOEO provides in accordance with Subsection (4)(n)(iv).
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(o) Notwithstanding Subsection (2), the commission may provide to the governing board
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of the agreement or a taxing official of another state, the District of Columbia, the
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United States, or a territory of the United States:
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(i) the following relating to an agreement sales and use tax:
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(A) information contained in a return filed with the commission;
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(B) information contained in a report filed with the commission;
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(C) a schedule related to Subsection (4)(o)(i)(A) or (B); or
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(D) a document filed with the commission; or
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(ii) a report of an audit or investigation made with respect to an agreement sales and
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use tax.
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(p) Notwithstanding Subsection (2), the commission may provide information
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concerning a taxpayer's state income tax return or state income tax withholding
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information to the Driver License Division if the Driver License Division:
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(i) requests the information; and
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(ii) provides the commission with a signed release form from the taxpayer allowing
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the Driver License Division access to the information.
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(q) Notwithstanding Subsection (2), the commission shall provide to the Utah
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Communications Authority, or a division of the Utah Communications Authority, the
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information requested by the authority under Sections 63H-7a-302, 63H-7a-402, and
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63H-7a-502.
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(r) Notwithstanding Subsection (2), the commission shall provide to the Utah
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Educational Savings Plan information related to a resident or nonresident individual's
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contribution to a Utah Educational Savings Plan account as designated on the
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resident or nonresident's individual income tax return as provided under Section
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59-10-1313.
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(s) Notwithstanding Subsection (2), for the purpose of verifying eligibility under
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Sections 26B-3-106 and 26B-3-903, the commission shall provide an eligibility
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worker with the Department of Health and Human Services or its designee with the
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adjusted gross income of an individual if:
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(i) an eligibility worker with the Department of Health and Human Services or its
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designee requests the information from the commission; and
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(ii) the eligibility worker has complied with the identity verification and consent
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provisions of Sections 26B-3-106 and 26B-3-903.
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(t) Notwithstanding Subsection (2), the commission may provide to a county, as
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determined by the commission, information declared on an individual income tax
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return in accordance with Section 59-10-103.1 that relates to eligibility to claim a
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residential exemption authorized under Section 59-2-103.
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(u) Notwithstanding Subsection (2), the commission shall provide a report regarding any
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access line provider that is over 90 days delinquent in payment to the commission of
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amounts the access line provider owes under Title 69, Chapter 2, Part 4, Prepaid
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Wireless Telecommunications Service Charges, to  the board of the Utah
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Communications Authority created in Section 63H-7a-201.
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(v) Notwithstanding Subsection (2), the commission shall provide the Department of
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Environmental Quality a report on the amount of tax paid by a radioactive waste
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facility for the previous calendar year under Section 59-24-103.5.
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(w) Notwithstanding Subsection (2), the commission may, upon request, provide to the
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Department of Workforce Services any information received under Chapter 10, Part
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4, Withholding of Tax, that is relevant to the duties of the Department of Workforce
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Services.
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(x) Notwithstanding Subsection (2), the commission may provide the Public Service
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Commission or the Division of Public Utilities information related to a seller that
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collects and remits to the commission a charge described in Subsection 69-2-405(2),
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including the seller's identity and the number of charges described in Subsection
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69-2-405(2) that the seller collects.
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(y)(i) Notwithstanding Subsection (2), the commission shall provide to each
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qualifying jurisdiction the collection data necessary to verify the revenue collected
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by the commission for a distributed tax, fee, or charge collected within the
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qualifying jurisdiction.
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(ii) In addition to the information provided under Subsection (4)(y)(i), the
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commission shall provide a qualifying jurisdiction with copies of returns and other
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information relating to a distributed tax, fee, or charge collected within the
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qualifying jurisdiction.
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(iii)(A) To obtain the information described in Subsection (4)(y)(ii), the chief
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executive officer or the chief executive officer's designee of the qualifying
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jurisdiction shall submit a written request to the commission that states the
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specific information sought and how the qualifying jurisdiction intends to use
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the information.
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(B) The information described in Subsection (4)(y)(ii) is available only in official
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matters of the qualifying jurisdiction.
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(iv) Information that a qualifying jurisdiction receives in response to a request under
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this subsection is:
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(A) classified as a private record under Title 63G, Chapter 2, Government Records
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Access and Management Act; and
343 
(B) subject to the confidentiality requirements of this section.
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(z) Notwithstanding Subsection (2), the commission shall provide the Alcoholic
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Beverage Services Commission, upon request, with taxpayer status information
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related to state tax obligations necessary to comply with the requirements described
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in Section 32B-1-203.
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(aa) Notwithstanding Subsection (2), the commission shall inform the Department of
349 
Workforce Services, as soon as practicable, whether an individual claimed and is
350 
entitled to claim a federal earned income tax credit for the year requested by the
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Department of Workforce Services if:
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(i) the Department of Workforce Services requests this information; and
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(ii) the commission has received the information release described in Section
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35A-9-604.
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(bb)(i) As used in this Subsection (4)(bb), "unclaimed property administrator" means
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the administrator or the administrator's agent, as those terms are defined in Section
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67-4a-102.
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(ii)(A) Notwithstanding Subsection (2), upon request from the unclaimed property
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administrator and to the extent allowed under federal law, the commission shall
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provide the unclaimed property administrator the name, address, telephone
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number, county of residence, and social security number or federal employer
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identification number on any return filed under Chapter 7, Corporate Franchise
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and Income Taxes, or Chapter 10, Individual Income Tax Act.
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(B) The unclaimed property administrator may use the information described in
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Subsection (4)(bb)(ii)(A) only for the purpose of returning unclaimed property
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to the property's owner in accordance with Title 67, Chapter 4a, Revised
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Uniform Unclaimed Property Act.
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(iii) The unclaimed property administrator is subject to the confidentiality provisions
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of this section with respect to any information the unclaimed property
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administrator receives under this Subsection (4)(bb).
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(cc) Notwithstanding Subsection (2), the commission may, upon request, disclose a
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taxpayer's state individual income tax information to a program manager of the Utah
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Fits All Scholarship Program under Section 53F-6-402 if:
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(i) the taxpayer consents in writing to the disclosure;
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(ii) the taxpayer's written consent includes the taxpayer's name, social security
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number, and any other information the commission requests that is necessary to
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verify the identity of the taxpayer; and
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(iii) the program manager provides the taxpayer's written consent to the commission.
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(dd) Notwithstanding Subsection (2), the commission may provide to the Division of
380 
Finance within the Department of Government Operations any information necessary
381 
to facilitate a payment from the commission to a taxpayer, including:
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(i) the name of the taxpayer entitled to the payment or any other person legally
383 
authorized to receive the payment;
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(ii) the taxpayer identification number of the taxpayer entitled to the payment;
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(iii) the payment identification number and amount of the payment;
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(iv) the tax year to which the payment applies and date on which the payment is due;
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(v) a mailing address to which the payment may be directed; and
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(vi) information regarding an account at a depository institution to which the
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payment may be directed, including the name of the depository institution, the
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type of account, the account number, and the routing number for the account.
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(ee) Notwithstanding Subsection (2), the commission shall provide the total amount of [
392 
revenues] revenue collected by the commission under Subsection 59-5-202(5):
393 
(i) at the request of a committee of the Legislature, the Office of the Legislative
394 
Fiscal Analyst, or the Governor's Office of Planning and Budget, to the committee
395 
or office for the time period specified by the committee or office; and
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(ii) to the Division of Finance for purposes of the Division of Finance administering
397 
Subsection 59-5-202(5).
398 
(ff) Notwithstanding Subsection (2), the commission may provide the Department of
399 
Agriculture and Food with information from a return filed in accordance with
400 
Chapter 31, Cannabinoid Licensing and Tax Act.
401 
(gg) Notwithstanding Subsection (2), the commission shall provide the Department of
402 
Workforce Services with the information described in Section 35A-3-105.
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(5)(a) Each report and return shall be preserved for at least three years.
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(b) After the three-year period provided in Subsection (5)(a) the commission may
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destroy a report or return.
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(6)(a) Any individual who violates this section is guilty of a class A misdemeanor.
407 
(b) If the individual described in Subsection (6)(a) is an officer or employee of the state,
408 
the individual shall be dismissed from office and be disqualified from holding public
409 
office in this state for a period of five years thereafter.
410 
(c) Notwithstanding Subsection (6)(a) or (b), GOEO, when requesting information in
411 
accordance with Subsection (4)(n)(iii), or an individual who requests information in
412 
accordance with Subsection (4)(n)(v):
413 
(i) is not guilty of a class A misdemeanor; and
414 
(ii) is not subject to:
415 
(A) dismissal from office in accordance with Subsection (6)(b); or
416 
(B) disqualification from holding public office in accordance with Subsection
417 
(6)(b).
418 
(d) Notwithstanding Subsection (6)(a) or (b), for a disclosure of information to the
419 
Office of the Legislative Auditor General in accordance with Title 36, Chapter 12,
420 
Legislative Organization, an individual described in Subsection (2):
421 
(i) is not guilty of a class A misdemeanor; and
422 
(ii) is not subject to:
423 
(A) dismissal from office in accordance with Subsection (6)(b); or
424 
(B) disqualification from holding public office in accordance with Subsection
425 
(6)(b).
426 
(7) Except as provided in Section 59-1-404, this part does not apply to the property tax.
427 
Section 4.  Section 59-1-1801 is enacted to read:
428 
 
Part 18. Reportable Transactions by Persons Other than Taxpayers
429 
59-1-1801  (Effective  01/01/26). Definitions.
430 
      As used in this part, "payment settlement entity" means the same as that term is defined
431 
in 26 U.S.C. Sec. 6050W.
432 
Section 5.  Section 59-1-1802 is enacted to read:
433 
59-1-1802  (Effective  01/01/26). Reporting by payment settlement entity.
434 
      A payment settlement entity that is required to file a return in accordance with 26 U.S.C.
435 
Sec. 6050W shall file a return containing the same information with the commission:
436 
(1) electronically;
- 13 - 3rd Sub. (Cherry) H.B. 60	02-03 14:42
437 
(2) in a format approved by the commission; and
438 
(3) within 30 days after the day on which the payment settlement entity is required to file a
439 
return with the Internal Revenue Service.
440 
Section 6.  Section 59-7-614 is amended to read:
441 
59-7-614  (Effective  05/07/25) (Applies beginning  01/01/25). Clean energy systems
442 
tax credits -- Definitions -- Certification -- Rulemaking authority.
443 
(1) As used in this section:
444 
{(2)} (a)(i) "Active solar system" means a system of equipment that is capable of:
445 
(A) collecting and converting incident solar radiation into thermal, mechanical, or
446 
electrical energy; and
447 
(B) transferring a form of energy described in Subsection (1)(a)(i)(A) by a
448 
separate apparatus to storage or to the point of use.
449 
(ii) "Active solar system" includes water heating, space heating or cooling, and
450 
electrical or mechanical energy generation.
451 
{(c)} (b) "Biomass system" means a system of apparatus and equipment for use in:
452 
{(e)} (i) converting material into biomass energy, as defined in Section 59-12-102; and
453 
(ii) transporting the biomass energy by separate apparatus to the point of use or
454 
storage.
455 
(c) "Clean energy source" means the same as that term is defined in Section 54-17-601.
456 
(d) "Commercial energy system" means a system that is:
457 
(i)(A) an active solar system;
458 
(B) a biomass system;
459 
(C) a direct use geothermal system;
460 
(D) a geothermal electricity system;
461 
{(f)} (E) a geothermal heat pump system;
462 
(F) a hydroenergy system;
463 
(G) a passive solar system; or
464 
(H) a wind system;
465 
(ii) located in the state; and
466 
(iii) used:
467 
(A) to supply energy to a commercial unit; or
468 
(B) as a commercial enterprise.
469 
(e) "Commercial enterprise" means an entity, the purpose of which is to produce:
470 
(i) electrical, mechanical, or thermal energy for sale from a commercial energy
- 14 - 02-03 14:42	3rd Sub. (Cherry) H.B. 60
471 
system; or
472 
(ii) hydrogen for sale from a hydrogen production system.
473 
(f)(i) "Commercial unit" means a building or structure, other than a residence, that an
474 
entity uses to transact business.
475 
(ii) Notwithstanding Subsection (1)(f)(i):
476 
(A) with respect to an active solar system used for agricultural water pumping or a
477 
wind system, each individual energy generating device is considered to be a
478 
commercial unit; or
479 
(B) if an energy system is the building or structure that an entity uses to transact
480 
business, a commercial unit is the complete energy system itself.
481 
(g) "Direct use geothermal system" means a system of apparatus and equipment that
482 
enables the direct use of geothermal energy to meet energy needs, including heating a
483 
building, an industrial process, and aquaculture.
484 
(h) "Geothermal electricity" means energy that is:
485 
(i) contained in heat that continuously flows outward from the earth; and
486 
(ii) used as a sole source of energy to produce electricity.
487 
(i) "Geothermal energy" means energy generated by heat that is contained in the earth.
488 
(j) "Geothermal heat pump system" means a system of apparatus and equipment that:
489 
(i) enables the use of thermal properties contained in the earth at temperatures well
490 
below 100 degrees Fahrenheit; and
491 
(ii) helps meet heating and cooling needs of a structure.
492 
(k) "Hydroenergy system" means a system of apparatus and equipment that is capable of:
493 
(i) intercepting and converting kinetic water energy into electrical or mechanical
494 
energy; and
495 
(ii) transferring this form of energy by separate apparatus to the point of use or
496 
storage.
497 
(l) "Hydrogen production system" means a system of apparatus and equipment, located
498 
in this state, that uses:
499 
(i) electricity from a clean energy source to create hydrogen gas from water,
500 
regardless of whether the clean energy source is at a separate facility or the same
501 
facility as the system of apparatus and equipment; or
502 
(ii) uses renewable natural gas to produce hydrogen gas.
503 
(m) "Office" means the Office of Energy Development created in Section 79-6-401.
504 
(n)(i) "Passive solar system" means a direct thermal system that utilizes the structure
- 15 - 3rd Sub. (Cherry) H.B. 60	02-03 14:42
505 
of a building and the structure's operable components to provide for collection,
506 
storage, and distribution of heating or cooling during the appropriate times of the
507 
year by utilizing the climate resources available at the site.
508 
(ii) "Passive solar system" includes those portions and components of a building that
509 
are expressly designed and required for the collection, storage, and distribution of
510 
solar energy.
511 
(o) "Photovoltaic system" means an active solar system that generates electricity from
512 
sunlight.
513 
(p)(i) "Principal recovery portion" means the portion of a lease payment that
514 
constitutes the cost a person incurs in acquiring a commercial energy system.
515 
(ii) "Principal recovery portion" does not include:
516 
(A) an interest charge; or
517 
(B) a maintenance expense.
518 
(q) "Residential energy system" means the following used to supply energy to or for a
519 
residential unit:
520 
(i) an active solar system;
521 
(ii) a biomass system;
522 
(iii) a direct use geothermal system;
523 
(iv) a geothermal heat pump system;
524 
(v) a hydroenergy system;
525 
(vi) a passive solar system; or
526 
(vii) a wind system.
527 
(r)(i) "Residential unit" means a house, condominium, apartment, or similar dwelling
528 
unit that:
529 
(A) is located in the state; and
530 
(B) serves as a dwelling for a person, group of persons, or a family.
531 
(ii) "Residential unit" does not include property subject to a fee under:
532 
(A) Section 59-2-405;
533 
(B) Section 59-2-405.1;
534 
(C) Section 59-2-405.2;
535 
(D) Section 59-2-405.3; or
536 
(E) Section 72-10-110.5.
537 
(s) "Wind system" means a system of apparatus and equipment that is capable of:
538 
(i) intercepting and converting wind energy into mechanical or electrical energy; and
- 16 - 02-03 14:42	3rd Sub. (Cherry) H.B. 60
539 
(ii) transferring these forms of energy by a separate apparatus to the point of use,
540 
sale, or storage.
541 
(2) A taxpayer may claim an energy system tax credit as provided in this section against a
542 
tax due under this chapter for a taxable year.
543 
(3)(a) Subject to the other provisions of this Subsection (3), a taxpayer may claim a
544 
nonrefundable tax credit under this Subsection (3) with respect to a residential unit
545 
the taxpayer owns or uses if:
546 
(i) the taxpayer:
547 
(A) purchases and completes a residential energy system to supply all or part of
548 
the energy required for the residential unit; or
549 
(B) participates in the financing of a residential energy system to supply all or part
550 
of the energy required for the residential unit; and
551 
(ii) the taxpayer obtains a written certification from the office in accordance with
552 
Subsection (8).
553 
(b)(i) Subject to Subsections (3)(b)(ii) through (iv) and, as applicable, Subsection
554 
(3)(c) or (d), the tax credit is equal to 25% of the reasonable costs of each
555 
residential energy system installed with respect to each residential unit the
556 
taxpayer owns or uses.
557 
(ii) A tax credit under this Subsection (3) may include installation costs.
558 
(iii) A taxpayer may claim a tax credit under this Subsection (3) for the taxable year
559 
in which the residential energy system is completed and placed in service.
560 
(iv) If the amount of a tax credit under this Subsection (3) exceeds a taxpayer's tax
561 
liability under this chapter for a taxable year, the taxpayer may carry forward the
562 
amount of the tax credit exceeding the liability for a period that does not exceed
563 
the next four taxable years.
564 
(c) The total amount of tax credit a taxpayer may claim under this Subsection (3) for a
565 
residential energy system, other than a photovoltaic system, may not exceed $2,000
566 
per residential unit.
567 
(d) The total amount of tax credit a taxpayer may claim under this Subsection (3) for a
568 
photovoltaic system may not exceed:
569 
(i) for a system installed on or after January 1, 2018, but on or before December 31,
570 
2020, $1,600;
571 
(ii) for a system installed on or after January 1, 2021, but on or before December 31,
572 
2021, $1,200;
- 17 - 3rd Sub. (Cherry) H.B. 60	02-03 14:42
573 
(iii) for a system installed on or after January 1, 2022, but on or before December 31,
574 
2022, $800;
575 
(iv) for a system installed on or after January 1, 2023, but on or before December 31,
576 
2023, $400; and
577 
(v) for a system installed on or after January 1, 2024, $0.
578 
(e) If a taxpayer sells a residential unit to another person before the taxpayer claims the
579 
tax credit under this Subsection (3):
580 
(i) the taxpayer may assign the tax credit to the other person; and
581 
(ii)(A) if the other person files a return under this chapter, the other person may
582 
claim the tax credit under this section as if the other person had met the
583 
requirements of this section to claim the tax credit; or
584 
(B) if the other person files a return under Chapter 10, Individual Income Tax Act,
585 
the other person may claim the tax credit under Section 59-10-1014 as if the
586 
other person had met the requirements of Section 59-10-1014 to claim the tax
587 
credit.
588 
(4)(a) Subject to the other provisions of this Subsection (4), a taxpayer may claim a
589 
refundable tax credit under this Subsection (4) with respect to a commercial energy
590 
system if:
591 
(i) the commercial energy system does not use:
592 
(A) wind, geothermal electricity, solar, or biomass equipment capable of
593 
producing a total of 660 or more kilowatts of electricity; or
594 
(B) solar equipment capable of producing 2,000 or more kilowatts of electricity;
595 
(ii) the taxpayer purchases or participates in the financing of the commercial energy
596 
system;
597 
(iii)(A) the commercial energy system supplies all or part of the energy required
598 
by commercial units owned or used by the taxpayer; or
599 
(B) the taxpayer sells all or part of the energy produced by the commercial energy
600 
system as a commercial enterprise;
601 
(iv) the taxpayer has not claimed and will not claim a tax credit under Subsection (7)
602 
for hydrogen production using electricity for which the taxpayer claims a tax
603 
credit under this Subsection (4); and
604 
(v) the taxpayer obtains a written certification from the office in accordance with
605 
Subsection (8).
606 
(b)(i) Subject to Subsections (4)(b)(ii) through (iv), the tax credit is equal to 10% of
- 18 - 02-03 14:42	3rd Sub. (Cherry) H.B. 60
607 
the reasonable costs of the commercial energy system.
608 
(ii) A tax credit under this Subsection (4) may include installation costs.
609 
(iii) A taxpayer is eligible to claim a tax credit under this Subsection (4) for the
610 
taxable year in which the commercial energy system is completed and placed in
611 
service.
612 
(iv) The total amount of tax credit a taxpayer may claim under this Subsection (4)
613 
may not exceed $50,000 per commercial unit.
614 
(c)(i) Subject to Subsections (4)(c)(ii) and (iii), a taxpayer that is a lessee of a
615 
commercial energy system installed on a commercial unit may claim a tax credit
616 
under this Subsection (4) if the taxpayer confirms that the lessor irrevocably elects
617 
not to claim the tax credit.
618 
(ii) A taxpayer described in Subsection (4)(c)(i) may claim as a tax credit under this
619 
Subsection (4) only the principal recovery portion of the lease payments.
620 
(iii) A taxpayer described in Subsection (4)(c)(i) may claim a tax credit under this
621 
Subsection (4) for a period that does not exceed seven taxable years after the day
622 
on which the lease begins, as stated in the lease agreement.
623 
(5)(a) Subject to the other provisions of this Subsection (5), a taxpayer may claim a
624 
refundable tax credit under this Subsection (5) with respect to a commercial energy
625 
system if:
626 
(i) the commercial energy system uses wind, geothermal electricity, or biomass
627 
equipment capable of producing a total of 660 or more kilowatts of electricity;
628 
(ii)(A) the commercial energy system supplies all or part of the energy required by
629 
commercial units owned or used by the taxpayer; or
630 
(B) the taxpayer sells all or part of the energy produced by the commercial energy
631 
system as a commercial enterprise;
632 
(iii) the taxpayer has not claimed and will not claim a tax credit under Subsection (7)
633 
for hydrogen production using electricity for which the taxpayer claims a tax
634 
credit under this Subsection (5); and
635 
(iv) the taxpayer obtains a written certification from the office in accordance with
636 
Subsection (8).
637 
(b)(i) Subject to Subsection (5)(b)(ii), a tax credit under this Subsection (5) is equal
638 
to the product of:
639 
(A) 0.35 cents; and
640 
(B) the kilowatt hours of electricity produced and used or sold during the taxable
- 19 - 3rd Sub. (Cherry) H.B. 60	02-03 14:42
641 
year.
642 
(ii) A taxpayer is eligible to claim a tax credit under this Subsection (5) for
643 
production occurring during a period of 48 months beginning with the month in
644 
which the commercial energy system is placed in commercial service.
645 
(c) A taxpayer that is a lessee of a commercial energy system installed on a commercial
646 
unit may claim a tax credit under this Subsection (5) if the taxpayer confirms that the
647 
lessor irrevocably elects not to claim the tax credit.
648 
(6)(a) Subject to the other provisions of this Subsection (6), a taxpayer may claim a
649 
refundable tax credit as provided in this Subsection (6) if:
650 
(i) the taxpayer owns a commercial energy system that uses solar equipment capable
651 
of producing a total of 660 or more kilowatts of electricity;
652 
(ii)(A) the commercial energy system supplies all or part of the energy required by
653 
commercial units owned or used by the taxpayer; or
654 
(B) the taxpayer sells all or part of the energy produced by the commercial energy
655 
system as a commercial enterprise;
656 
(iii) the taxpayer does not claim a tax credit under Subsection (4) and has not claimed
657 
and will not claim a tax credit under Subsection (7) for hydrogen production using
658 
electricity for which a taxpayer claims a tax credit under this Subsection (6); and
659 
(iv) the taxpayer obtains a written certification from the office in accordance with
660 
Subsection (8).
661 
(b)(i) Subject to Subsection (6)(b)(ii), a tax credit under this Subsection (6) is equal
662 
to the product of:
663 
(A) 0.35 cents; and
664 
(B) the kilowatt hours of electricity produced and used or sold during the taxable
665 
year.
666 
(ii) A taxpayer is eligible to claim a tax credit under this Subsection (6) for
667 
production occurring during a period of 48 months beginning with the month in
668 
which the commercial energy system is placed in commercial service.
669 
(c) A taxpayer that is a lessee of a commercial energy system installed on a commercial
670 
unit may claim a tax credit under this Subsection (6) if the taxpayer confirms that the
671 
lessor irrevocably elects not to claim the tax credit.
672 
(7)(a) A taxpayer may claim a refundable tax credit as provided in this Subsection (7) if:
673 
(i) the taxpayer owns a hydrogen production system;
674 
(ii) the hydrogen production system is completed and placed in service on or after
- 20 - 02-03 14:42	3rd Sub. (Cherry) H.B. 60
675 
January 1, 2022;
676 
(iii) the taxpayer sells as a commercial enterprise, or supplies for the taxpayer's own
677 
use in commercial units, the hydrogen produced from the hydrogen production
678 
system;
679 
(iv) the taxpayer has not claimed and will not claim a tax credit under Subsection (4),
680 
(5), or (6) or Section 59-7-626 for electricity or hydrogen used to meet the
681 
requirements of this Subsection (7); and
682 
(v) the taxpayer obtains a written certification from the office in accordance with
683 
Subsection (8).
684 
(b)(i) Subject to Subsections (7)(b)(ii) and (iii), a tax credit under this Subsection (7)
685 
is equal to the product of:
686 
(A) $0.12; and
687 
(B) the number of kilograms of hydrogen produced during the taxable year.
688 
(ii) A taxpayer may not receive a tax credit under this Subsection (7) for more than
689 
5,600 metric tons of hydrogen per taxable year.
690 
(iii) A taxpayer is eligible to claim a tax credit under this Subsection (7) for
691 
production occurring during a period of 48 months beginning with the month in
692 
which the hydrogen production system is placed in commercial service.
693 
(8)(a) Before a taxpayer may claim a tax credit under this section, the taxpayer shall
694 
obtain a written certification from the office.
695 
(b) The office shall issue a taxpayer a written certification if the office determines that:
696 
(i) the taxpayer meets the requirements of this section to receive a tax credit; and
697 
(ii) the residential energy system, the commercial energy system, or the hydrogen
698 
production system with respect to which the taxpayer seeks to claim a tax credit:
699 
(A) has been completely installed;
700 
(B) is a viable system for saving or producing energy from clean resources; and
701 
(C) is safe, reliable, efficient, and technically feasible to ensure that the residential
702 
energy system, the commercial energy system, or the hydrogen production
703 
system uses the state's clean and nonrenewable energy resources in an
704 
appropriate and economic manner.
705 
(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
706 
office may make rules:
707 
(i) for determining whether a residential energy system, a commercial energy system,
708 
or a hydrogen production system meets the requirements of Subsection (8)(b)(ii);
- 21 - 3rd Sub. (Cherry) H.B. 60	02-03 14:42
709 
and
710 
(ii) for purposes of a tax credit under Subsection (3) or (4), establishing the
711 
reasonable costs of a residential energy system or a commercial energy system, as
712 
an amount per unit of energy production.
713 
(d) A taxpayer that obtains a written certification from the office shall retain the
714 
certification for the same time period a person is required to keep books and records
715 
under Section 59-1-1406.
716 
(e) The office shall submit to the commission an electronic list that includes:
717 
(i) the name and identifying information of each taxpayer to which the office issues a
718 
written certification; and
719 
(ii) for each taxpayer:
720 
(A) the amount of the tax credit listed on the written certification; and
721 
(B) the date the clean energy system was installed.
722 
(9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
723 
commission may make rules to address the certification of a tax credit under this section.
724 
(10) A tax credit under this section is in addition to any tax credits provided under the laws
725 
or rules and regulations of the United States.
726 
(11) A taxpayer may not claim or carry forward a tax credit described in this section in a
727 
taxable year during which the taxpayer claims or carries forward a tax credit under
728 
Section 59-7-614.7.
729 
Section 7.  Section 59-7-614.10 is amended to read:
730 
59-7-614.10  (Effective  05/07/25) (Applies beginning  01/01/25). Nonrefundable
731 
enterprise zone tax credit.
732 
(1) As used in this section:
733 
(a) "Business entity" means a corporation that meets the definition of "business entity"
734 
as that term is defined in Section 63N-2-202.
735 
(b) "Office" means the Governor's Office of Economic Opportunity created in Section
736 
63N-1a-301.
737 
(2) Subject to the provisions of this section, for a taxable year beginning before January 1,
738 
2025, a business entity may claim a nonrefundable enterprise zone tax credit as
739 
described in Section 63N-2-213.
740 
(3) The enterprise zone tax credit under this section is the amount listed as the tax credit
741 
amount on the tax credit certificate that the office issues to the business entity for the
742 
taxable year.
- 22 - 02-03 14:42	3rd Sub. (Cherry) H.B. 60
743 
(4) A business entity may carry forward a tax credit under this section for a period that does
744 
not exceed the next three taxable years, if the amount of the tax credit exceeds the
745 
business entity's tax liability under this chapter for that taxable year.
746 
(5)(a) In accordance with Section 59-7-159, the Revenue and Taxation Interim
747 
Committee shall study the tax credit allowed by this section and make
748 
recommendations concerning whether the tax credit should be continued, modified,
749 
or repealed.
750 
(b)(i) Except as provided in Subsection (5)(b)(ii), for purposes of the study required
751 
by this Subsection (5), the office shall provide by electronic means the following
752 
information for each calendar year to the Office of the Legislative Fiscal Analyst:
753 
(A) the amount of tax credits provided in each development zone;
754 
(B) the number of new full-time employee positions reported to obtain tax credits
755 
in each development zone;
756 
(C) the amount of tax credits awarded for rehabilitating a building in each
757 
development zone;
758 
(D) the amount of tax credits awarded for investing in a plant, equipment, or other
759 
depreciable property in each development zone;
760 
(E) the information related to the tax credit contained in the office's latest report
761 
under Section 63N-1a-301; and
762 
(F) any other information that the Office of the Legislative Fiscal Analyst requests.
763 
(ii)(A) In providing the information described in Subsection (5)(b)(i), the office
764 
shall redact information that identifies a recipient of a tax credit under this
765 
section.
766 
(B) If, notwithstanding the redactions made under Subsection (5)(b)(ii)(A),
767 
reporting the information described in Subsection (5)(b)(i) might disclose the
768 
identity of a recipient of a tax credit, the office may file a request with the
769 
Revenue and Taxation Interim Committee to provide the information described
770 
in Subsection (5)(b)(i) in the aggregate for all development zones that receive
771 
the tax credit under this section.
772 
(c) As part of the study required by this Subsection (5), the Office of the Legislative
773 
Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a
774 
summary and analysis of the information provided to the Office of the Legislative
775 
Fiscal Analyst by the office under Subsection (5)(b).
776 
(d) The Revenue and Taxation Interim Committee shall ensure that the
- 23 - 3rd Sub. (Cherry) H.B. 60	02-03 14:42
777 
recommendations described in Subsection (5)(a) include an evaluation of:
778 
(i) the cost of the tax credit to the state;
779 
(ii) the purpose and effectiveness of the tax credit; and
780 
(iii) the extent to which the state benefits from the tax credit.
781 
Section 8.  Section 59-10-104.1 is amended to read:
782 
59-10-104.1  (Effective  01/01/26). Exemption from taxation.
783 
(1) For purposes of this section:
784 
(a) "Modified adjusted gross income" means the amount calculated by:
785 
(i) adding the individual's adjusted gross income on the individual's federal individual
786 
income tax return for the taxable year and any additions required by Section
787 
59-10-114 for the taxable year; and
788 
(ii) subtracting from the amount calculated in accordance with Subsection (1)(a)(i),
789 
any subtractions required by Section 59-10-114 for the taxable year.
790 
(b) "Personal exemptions" means the total exemption amount an individual is allowed to
791 
claim for the taxable year under Section 151, Internal Revenue Code, for:
792 
(i) the individual;
793 
(ii) the individual's spouse; and
794 
(iii) the individual's dependents.
795 
[(b)] (c) "Standard deduction":
796 
(i) means the standard deduction an individual is allowed to claim for the taxable
797 
year under Section 63, Internal Revenue Code; and
798 
(ii) notwithstanding Subsection [(1)(b)(i)] (1)(c)(i), does not include an additional
799 
amount allowed under Section 63(f), Internal Revenue Code, for an individual or
800 
an individual's spouse who is:
801 
(A) blind; or
802 
(B) 65 years of age or older.
803 
(2) [For taxable years beginning on or after January 1, 2002, an] An individual is exempt
804 
from a tax imposed by Section 59-10-104 or 59-10-116 if the individual's [adjusted
805 
gross income on the individual's federal individual income tax return for the taxable year] 
806 
modified adjusted gross income is less than or equal to the sum of the individual's:
807 
(a) personal exemptions for that taxable year; and
808 
(b) standard deduction for that taxable year.
809 
Section 9.  Section 59-10-114 is amended to read:
810 
59-10-114  (Effective  01/01/26). Additions to and subtractions from adjusted
- 24 - 02-03 14:42	3rd Sub. (Cherry) H.B. 60
811 
gross income of an individual.
812 
(1) There shall be added to adjusted gross income of a resident or nonresident individual:
813 
(a) a lump sum distribution that the taxpayer does not include in adjusted gross income
814 
on the taxpayer's federal individual income tax return for the taxable year;
815 
(b) the amount of a child's income calculated under Subsection (4) that:
816 
(i) a parent elects to report on the parent's federal individual income tax return for the
817 
taxable year; and
818 
(ii) the parent does not include in adjusted gross income on the parent's federal
819 
individual income tax return for the taxable year;
820 
(c)(i) a withdrawal from a medical care savings account and any penalty imposed for
821 
the taxable year if:
822 
(A) the resident or nonresident individual does not deduct the amounts on the
823 
resident or nonresident individual's federal individual income tax return under
824 
Section 220, Internal Revenue Code;
825 
(B) the withdrawal is subject to Subsections 31A-32a-105(1) and (2); and
826 
(C) the withdrawal is subtracted on, or used as the basis for claiming a tax credit
827 
on, a return the resident or nonresident individual files under this chapter;
828 
(ii) a disbursement required to be added to adjusted gross income in accordance with
829 
Subsection 31A-32a-105(3); or
830 
(iii) an amount required to be added to adjusted gross income in accordance with
831 
Subsection 31A-32a-105(5)(c);
832 
(d) the amount withdrawn under Title 53B, Chapter 8a, Utah Educational Savings Plan,
833 
from the account of a resident or nonresident individual who is an account owner as
834 
defined in Section 53B-8a-102, for the taxable year for which the amount is
835 
withdrawn, if that amount withdrawn from the account of the resident or nonresident
836 
individual who is the account owner:
837 
(i) is not expended for:
838 
(A) higher education costs as defined in Section 53B-8a-102.5; or
839 
(B) a payment or distribution that qualifies as an exception to the additional tax
840 
for distributions not used for educational expenses provided in Sections 529(c)
841 
and 530(d), Internal Revenue Code; and
842 
(ii) is:
843 
(A) subtracted by the resident or nonresident individual:
844 
(I) who is the account owner; and
- 25 - 3rd Sub. (Cherry) H.B. 60	02-03 14:42
845 
(II) on the resident or nonresident individual's return filed under this chapter
846 
for a taxable year beginning on or before December 31, 2007; or
847 
(B) used as the basis for the resident or nonresident individual who is the account
848 
owner to claim a tax credit under Section 59-10-1017;
849 
(e) except as provided in Subsection (5), for bonds, notes, and other evidences of
850 
indebtedness acquired on or after January 1, 2003, the interest from bonds, notes, and
851 
other evidences of indebtedness:
852 
(i) issued by one or more of the following entities:
853 
(A) a state other than this state;
854 
(B) the District of Columbia;
855 
(C) a political subdivision of a state other than this state; or
856 
(D) an agency or instrumentality of an entity described in Subsections (1)(e)(i)(A)
857 
through (C); and
858 
(ii) to the extent the interest is not included in adjusted gross income on the taxpayer's
859 
federal income tax return for the taxable year;
860 
(f) subject to Subsection (2)(c), any distribution received by a resident beneficiary of a
861 
resident trust of income that was taxed at the trust level for federal tax purposes, but
862 
was subtracted from state taxable income of the trust pursuant to Subsection
863 
59-10-202(2)(b);
864 
(g) any distribution received by a resident beneficiary of a nonresident trust of
865 
undistributed distributable net income realized by the trust on or after January 1,
866 
2004, if that undistributed distributable net income was taxed at the trust level for
867 
federal tax purposes, but was not taxed at the trust level by any state, with
868 
undistributed distributable net income considered to be distributed from the most
869 
recently accumulated undistributed distributable net income;
870 
(h) any adoption expense:
871 
(i) for which a resident or nonresident individual receives reimbursement from
872 
another person; and
873 
(ii) to the extent to which the resident or nonresident individual subtracts that
874 
adoption expense:
875 
(A) on a return filed under this chapter for a taxable year beginning on or before
876 
December 31, 2007; or
877 
(B) from federal taxable income on a federal individual income tax return;
878 
(i) the amount of tax paid on income attributed to the individual in accordance with
- 26 - 02-03 14:42	3rd Sub. (Cherry) H.B. 60
879 
Subsection 59-10-1403.2(2) that is not included in adjusted gross income; and
880 
(j) the amount of tax paid:
881 
(i) on income attributed to the individual and taxable in this state, that is not included
882 
in adjusted gross income;
883 
(ii) to another state; and
884 
(iii) that the commission determines is substantially similar to the tax imposed under
885 
Subsection 59-10-1403.2(2).
886 
(2) There shall be subtracted from adjusted gross income of a resident or nonresident
887 
individual:
888 
(a) the difference between:
889 
(i) the interest or a dividend on an obligation or security of the United States or an
890 
authority, commission, instrumentality, or possession of the United States, to the
891 
extent that interest or dividend is:
892 
(A) included in adjusted gross income for federal income tax purposes for the
893 
taxable year; and
894 
(B) exempt from state income taxes under the laws of the United States; and
895 
(ii) any interest on indebtedness incurred or continued to purchase or carry the
896 
obligation or security described in Subsection (2)(a)(i);
897 
(b) if the conditions of Subsection (3)(a) are met, the amount of income derived by a Ute
898 
tribal member:
899 
(i) during a time period that the Ute tribal member resides on homesteaded land
900 
diminished from the Uintah and Ouray Reservation; and
901 
(ii) from a source within the Uintah and Ouray Reservation;
902 
(c) an amount received by a resident or nonresident individual or distribution received
903 
by a resident or nonresident beneficiary of a resident trust:
904 
(i) if that amount or distribution constitutes a refund of taxes imposed by:
905 
(A) a state; or
906 
(B) the District of Columbia; and
907 
(ii) to the extent that amount or distribution is included in adjusted gross income for
908 
that taxable year on the federal individual income tax return of the resident or
909 
nonresident individual or resident or nonresident beneficiary of a resident trust;
910 
(d) the amount of a railroad retirement benefit:
911 
(i) paid:
912 
(A) in accordance with The Railroad Retirement Act of 1974, 45 U.S.C. Sec. 231
- 27 - 3rd Sub. (Cherry) H.B. 60	02-03 14:42
913 
et seq.;
914 
(B) to a resident or nonresident individual; and
915 
(C) for the taxable year; and
916 
(ii) to the extent that railroad retirement benefit is included in adjusted gross income
917 
on that resident or nonresident individual's federal individual income tax return for
918 
that taxable year;
919 
(e) an amount:
920 
(i) received by an enrolled member of an American Indian tribe; and
921 
(ii) to the extent that the state is not authorized or permitted to impose a tax under this
922 
part on that amount in accordance with:
923 
(A) federal law;
924 
(B) a treaty; or
925 
(C) a final decision issued by a court of competent jurisdiction;
926 
(f) an amount received:
927 
(i) for the interest on a bond, note, or other obligation issued by an entity for which
928 
state statute provides an exemption of interest on its bonds from state individual
929 
income tax;
930 
(ii) by a resident or nonresident individual;
931 
(iii) for the taxable year; and
932 
(iv) to the extent the amount is included in adjusted gross income on the taxpayer's
933 
federal income tax return for the taxable year;
934 
(g) the amount of all income, including income apportioned to another state, of a
935 
nonmilitary spouse of an active duty military member if:
936 
(i) both the nonmilitary spouse and the active duty military member are nonresident
937 
individuals;
938 
(ii) the active duty military member is stationed in Utah;
939 
(iii) the nonmilitary spouse is subject to the residency provisions of 50 U.S.C. Sec.
940 
4001(a)(2); and
941 
(iv) the income is included in adjusted gross income for federal income tax purposes
942 
for the taxable year;
943 
[(h) for a taxable year beginning on or after January 1, 2019, but beginning on or before
944 
December 31, 2019, only:]
945 
[(i) the amount of any FDIC premium paid or incurred by the taxpayer that is
946 
disallowed as a deduction for federal income tax purposes under Section 162(r),
- 28 - 02-03 14:42	3rd Sub. (Cherry) H.B. 60
947 
Internal Revenue Code, on the taxpayer's 2018 federal income tax return; plus]
948 
[(ii) the amount of any FDIC premium paid or incurred by the taxpayer that is
949 
disallowed as a deduction for federal income tax purposes under Section 162(r),
950 
Internal Revenue Code, for the taxable year;]
951 
[(i)] (h) [for a taxable year beginning on or after January 1, 2020, ]the amount of any
952 
FDIC premium paid or incurred by the taxpayer that is disallowed as a deduction for
953 
federal income tax purposes under Section 162(r), Internal Revenue Code, for the
954 
taxable year;[ and]
955 
[(j)] (i) an amount of a distribution from a qualified retirement plan under Section 401(a),
956 
Internal Revenue Code, if:
957 
(i) the amount of the distribution is included in adjusted gross income on the resident
958 
or nonresident individual's federal individual income tax return for the taxable
959 
year; and
960 
(ii) for the taxable year when the amount of the distribution was contributed to the
961 
qualified retirement plan, the amount of the distribution:
962 
(A) was not included in adjusted gross income on the resident or nonresident
963 
individual's federal individual income tax return for the taxable year; and
964 
(B) was taxed by another state of the United States, the District of Columbia, or a
965 
possession of the United States[.] ; and
966 
(j) the amount of any repayment in the current taxable year of social security income
967 
received in a previous taxable year if:
968 
(i) the individual claimed a credit for the repayment on the individual's federal
969 
individual income tax return for the current taxable year; and
970 
(ii) the individual did not claim a tax credit under Section 59-10-1042 for the taxable
971 
year in which the individual received the social security income.
972 
(3)(a) A subtraction for an amount described in Subsection (2)(b) is allowed only if:
973 
(i) the taxpayer is a Ute tribal member; and
974 
(ii) the governor and the Ute tribe execute and maintain an agreement meeting the
975 
requirements of this Subsection (3).
976 
(b) The agreement described in Subsection (3)(a):
977 
(i) may not:
978 
(A) authorize the state to impose a tax in addition to a tax imposed under this
979 
chapter;
980 
(B) provide a subtraction under this section greater than or different from the
- 29 - 3rd Sub. (Cherry) H.B. 60	02-03 14:42
981 
subtraction described in Subsection (2)(b); or
982 
(C) affect the power of the state to establish rates of taxation; and
983 
(ii) shall:
984 
(A) provide for the implementation of the subtraction described in Subsection
985 
(2)(b);
986 
(B) be in writing;
987 
(C) be signed by:
988 
(I) the governor; and
989 
(II) the chair of the Business Committee of the Ute tribe;
990 
(D) be conditioned on obtaining any approval required by federal law; and
991 
(E) state the effective date of the agreement.
992 
(c)(i) The governor shall report to the commission by no later than February 1 of each
993 
year regarding whether or not an agreement meeting the requirements of this
994 
Subsection (3) is in effect.
995 
(ii) If an agreement meeting the requirements of this Subsection (3) is terminated, the
996 
subtraction permitted under Subsection (2)(b) is not allowed for taxable years
997 
beginning on or after the January 1 following the termination of the agreement.
998 
(d) For purposes of Subsection (2)(b) and in accordance with Title 63G, Chapter 3, Utah
999 
Administrative Rulemaking Act, the commission may make rules:
1000 
(i) for determining whether income is derived from a source within the Uintah and
1001 
Ouray Reservation; and
1002 
(ii) that are substantially similar to how adjusted gross income derived from Utah
1003 
sources is determined under Section 59-10-117.
1004 
(4)(a) For purposes of this Subsection (4), "Form 8814" means:
1005 
(i) the federal individual income tax Form 8814, Parents' Election To Report Child's
1006 
Interest and Dividends; or
1007 
(ii)(A) a form designated by the commission in accordance with Subsection
1008 
(4)(a)(ii)(B) as being substantially similar to 2000 Form 8814 if for purposes of
1009 
federal individual income taxes the information contained on 2000 Form 8814
1010 
is reported on a form other than Form 8814; and
1011 
(B) for purposes of Subsection (4)(a)(ii)(A) and in accordance with Title 63G,
1012 
Chapter 3, Utah Administrative Rulemaking Act, the commission may make
1013 
rules designating a form as being substantially similar to 2000 Form 8814 if for
1014 
purposes of federal individual income taxes the information contained on 2000
- 30 - 02-03 14:42	3rd Sub. (Cherry) H.B. 60
1015 
Form 8814 is reported on a form other than Form 8814.
1016 
(b) The amount of a child's income added to adjusted gross income under Subsection
1017 
(1)(b) is equal to the difference between:
1018 
(i) the lesser of:
1019 
(A) the base amount specified on Form 8814; and
1020 
(B) the sum of the following reported on Form 8814:
1021 
(I) the child's taxable interest;
1022 
(II) the child's ordinary dividends; and
1023 
(III) the child's capital gain distributions; and
1024 
(ii) the amount not taxed that is specified on Form 8814.
1025 
(5) Notwithstanding Subsection (1)(e), interest from bonds, notes, and other evidences of
1026 
indebtedness issued by an entity described in Subsections (1)(e)(i)(A) through (D) may
1027 
not be added to adjusted gross income of a resident or nonresident individual if, as
1028 
annually determined by the commission:
1029 
(a) for an entity described in Subsection (1)(e)(i)(A) or (B), the entity and all of the
1030 
political subdivisions, agencies, or instrumentalities of the entity do not impose a tax
1031 
based on income on any part of the bonds, notes, and other evidences of indebtedness
1032 
of this state; or
1033 
(b) for an entity described in Subsection (1)(e)(i)(C) or (D), the following do not impose
1034 
a tax based on income on any part of the bonds, notes, and other evidences of
1035 
indebtedness of this state:
1036 
(i) the entity; or
1037 
(ii)(A) the state in which the entity is located; or
1038 
(B) the District of Columbia, if the entity is located within the District of
1039 
Columbia.
1040 
Section 10.  Section 59-10-510 is amended to read:
1041 
59-10-510  (Effective  01/01/26). Return of electing small business corporation.
1042 
      An electing small business corporation, as defined in Section [1371(a)(2)] 1362, Internal
1043 
Revenue Code, shall make a return for each taxable year, stating specifically:
1044 
(1) the items of the electing small business corporation's gross income and the deductions
1045 
allowable by Subtitle A, Internal Revenue Code;
1046 
(2) the names and addresses of all persons owning stock in the electing small business
1047 
corporation at any time during the taxable year;
1048 
(3) the number of shares of stock owned by each shareholder at all times during the taxable
- 31 - 3rd Sub. (Cherry) H.B. 60	02-03 14:42
1049 
year to each shareholder;
1050 
(4) the date of each distribution to a shareholder; and
1051 
(5) other information as the commission may prescribe by:
1052 
(a) form; or
1053 
(b) administrative rule made in accordance with Title 63G, Chapter 3, Utah
1054 
Administrative Rulemaking Act.
1055 
Section 11.  Section 59-10-1037 is amended to read:
1056 
59-10-1037  (Effective  05/07/25) (Applies beginning  01/01/25). Nonrefundable
1057 
enterprise zone tax credit.
1058 
(1) As used in this section:
1059 
(a) "Business entity" means a claimant, estate, or trust that meets the definition of
1060 
"business entity" as that term is defined in Section 63N-2-202.
1061 
(b) "Office" means the Governor's Office of Economic Opportunity created in Section
1062 
63N-1a-301.
1063 
(2) Subject to the provisions of this section, for a taxable year beginning before January 1,
1064 
2025, a business entity may claim a nonrefundable enterprise zone tax credit as
1065 
described in Section 63N-2-213.
1066 
(3) The enterprise zone tax credit under this section is the amount listed as the tax credit
1067 
amount on the tax credit certificate that the office issues to the business entity for the
1068 
taxable year.
1069 
(4) A business entity may carry forward a tax credit under this section for a period that does
1070 
not exceed the next three taxable years, if the amount of the tax credit exceeds the
1071 
business entity's tax liability under this chapter for that taxable year.
1072 
(5)(a) In accordance with Section 59-10-137, the Revenue and Taxation Interim
1073 
Committee shall study the tax credit allowed by this section and make
1074 
recommendations concerning whether the tax credit should be continued, modified,
1075 
or repealed.
1076 
(b)(i) Except as provided in Subsection (5)(b)(ii), for purposes of the study required
1077 
by this Subsection (5), the office shall provide by electronic means the following
1078 
information, if available to the office, for each calendar year to the Office of the
1079 
Legislative Fiscal Analyst:
1080 
(A) the amount of tax credits provided in each development zone;
1081 
(B) the number of new full-time employee positions reported to obtain tax credits
1082 
in each development zone;
- 32 - 02-03 14:42	3rd Sub. (Cherry) H.B. 60
1083 
(C) the amount of tax credits awarded for rehabilitating a building in each
1084 
development zone;
1085 
(D) the amount of tax credits awarded for investing in a plant, equipment, or other
1086 
depreciable property in each development zone;
1087 
(E) the information related to the tax credit contained in the office's latest report
1088 
under Section 63N-1a-306; and
1089 
(F) other information that the Office of the Legislative Fiscal Analyst requests.
1090 
(ii)(A) In providing the information described in Subsection (5)(b)(i), the office
1091 
shall redact information that identifies a recipient of a tax credit under this
1092 
section.
1093 
(B) If, notwithstanding the redactions made under Subsection (5)(b)(ii)(A),
1094 
reporting the information described in Subsection (5)(b)(i) might disclose the
1095 
identity of a recipient of a tax credit, the office may file a request with the
1096 
Revenue and Taxation Interim Committee to provide the information described
1097 
in Subsection (5)(b)(i) in the aggregate for all development zones that receive
1098 
the tax credit under this section.
1099 
(c) As part of the study required by this Subsection (5), the Office of the Legislative
1100 
Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a
1101 
summary and analysis of the information provided to the Office of the Legislative
1102 
Fiscal Analyst by the office under Subsection (5)(b).
1103 
(d) The Revenue and Taxation Interim Committee shall ensure that the
1104 
recommendations described in Subsection (5)(a) include an evaluation of:
1105 
(i) the cost of the tax credit to the state;
1106 
(ii) the purpose and effectiveness of the tax credit; and
1107 
(iii) the extent to which the state benefits from the tax credit.
1108 
Section 12.  Section 59-10-1042 is amended to read:
1109 
59-10-1042  (Effective  01/01/26). Nonrefundable tax credit for social security
1110 
benefits.
1111 
(1) As used in this section:
1112 
(a) "Head of household filing status" means the same as that term is defined in Section
1113 
59-10-1018.
1114 
(b) "Joint filing status" means the same as that term is defined in Section 59-10-1018.
1115 
(c) "Married filing separately status" means a married individual who:
1116 
(i) does not file a single federal individual income tax return jointly with that married
- 33 - 3rd Sub. (Cherry) H.B. 60	02-03 14:42
1117 
individual's spouse for the taxable year; and
1118 
(ii) files a single federal individual income tax return for the taxable year.
1119 
(d) "Modified adjusted gross income" means the sum of the following for a claimant or,
1120 
if the claimant's return under this chapter is allowed a joint filing status, the claimant
1121 
and the claimant's spouse:
1122 
(i) adjusted gross income for the taxable year for which a tax credit is claimed under
1123 
this section;
1124 
(ii) any interest income that is not included in adjusted gross income for the taxable
1125 
year described in Subsection (1)(d)(i); and
1126 
(iii) any addition to adjusted gross income required by Section 59-10-114 for the
1127 
taxable year described in Subsection (1)(d)(i).
1128 
(e) "Single filing status" means a single individual who files a single federal individual
1129 
income tax return for the taxable year.
1130 
(f) "Social security benefit" means an amount received by a claimant as a monthly
1131 
benefit in accordance with the Social Security Act, 42 U.S.C. Sec. 401 et seq.
1132 
(2) Except as provided in Section 59-10-1002.2 and Subsections (3) and (4), each claimant
1133 
on a return that receives a social security benefit may claim a nonrefundable tax credit
1134 
against taxes otherwise due under this part equal to the product of:
1135 
(a) the percentage listed in Subsection 59-10-104(2); and
1136 
(b) the claimant's social security benefit that is included in adjusted gross income on the
1137 
claimant's federal income tax return for the taxable year.
1138 
(3) A claimant may not:
1139 
(a) carry forward or carry back the amount of a tax credit under this section that exceeds
1140 
the claimant's tax liability for the taxable year; or
1141 
(b) claim a tax credit under this section for a taxable year if a tax credit under Section
1142 
59-10-1019 is claimed on the claimant's return for the same taxable year.
1143 
(4) The tax credit allowed by Subsection (2) claimed on a return filed under this part shall
1144 
be reduced by $.025 for each dollar by which modified adjusted gross income for
1145 
purposes of the return exceeds:
1146 
(a) for a [federal individual income tax ]return filed under this chapter that is allowed a
1147 
married filing separately status, $37,500;
1148 
(b) for a [federal individual income tax ]return filed under this chapter that is allowed a
1149 
single filing status, $45,000;
1150 
(c) for a [federal individual income tax ]return filed under this chapter that is allowed a
- 34 - 02-03 14:42	3rd Sub. (Cherry) H.B. 60
1151 
head of household filing status, $75,000; or
1152 
(d) for a return filed under this chapter that is allowed a joint filing status, $75,000.
1153 
(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1154 
commission may make rules governing the calculation and method for claiming the tax
1155 
credit described in this section.
1156 
Section 13.  Section 59-10-1045 is amended to read:
1157 
59-10-1045  (Effective  01/01/26) (Applies beginning  01/01/25). Nonrefundable tax
1158 
credit for taxes paid by pass-through entity.
1159 
(1) As used in this section, "taxed pass-through entity taxpayer" means a resident or
1160 
nonresident individual who:
1161 
(a) has income attributed to the individual by a pass-through entity;
1162 
(b) receives the income described in Subsection (1)(a) after the pass-through entity pays
1163 
the tax described in Subsection 59-10-1403.2(2); and
1164 
(c) adds the amount of tax paid on the income described in Subsection (1)(a) to adjusted
1165 
gross income in accordance with Subsection 59-10-114(1)(i).
1166 
(2)(a) A taxed pass-through entity taxpayer may claim a nonrefundable tax credit for the
1167 
taxes imposed under Subsection 59-10-1403.2(2).
1168 
(b) The tax credit is equal to the amount of the tax paid under Subsection
1169 
59-10-1403.2(2) by the pass-through entity on the income attributed to the taxed
1170 
pass-through entity taxpayer.
1171 
(3)(a) A taxed pass-through entity taxpayer may carry forward the amount of the tax
1172 
credit that exceeds the taxed pass-through entity taxpayer's tax liability for a period
1173 
that does not exceed the next [five] ten taxable years.
1174 
(b) A taxed pass-through entity taxpayer may not carry back the amount of the tax credit
1175 
that exceeds the taxed pass-through entity taxpayer's tax liability for the taxable year.
1176 
Section 14.  Section 59-10-1102.2 is enacted to read:
1177 
59-10-1102.2  (Effective  05/07/25) (Applies beginning  01/01/25). Removal of tax
1178 
credit from tax return and prohibition on claiming a tax credit -- Conditions for removal
1179 
and prohibition on claiming a tax credit -- Commission publishing requirements.
1180 
(1) As used in this section, "tax return" means a tax return filed in accordance with this
1181 
chapter.
1182 
(2) Beginning two taxable years after the requirements of Subsection (3) are met:
1183 
(a) the commission shall remove a tax credit allowed under this part from each tax return
1184 
on which the tax credit appears; and
- 35 - 3rd Sub. (Cherry) H.B. 60	02-03 14:42
1185 
(b) a claimant, estate, or trust filing a tax return may not claim the tax credit.
1186 
(3) The commission shall remove a tax credit allowed under this part from a tax return and
1187 
a claimant, estate, or trust filing a tax return may not claim the tax credit as provided in
1188 
Subsection (2) if:
1189 
(a) the total amount of the tax credit claimed by all claimants, estates, or trusts filing tax
1190 
returns is less than $10,000 per year for three consecutive taxable years beginning on
1191 
or after January 1, 2025; and
1192 
(b) fewer than 10 claimants, estates, and trusts per year for the three consecutive taxable
1193 
years described in Subsection (3)(a), file a tax return claiming the tax credit.
1194 
(4) On or before the November interim meeting of the year after the taxable year in which
1195 
the requirements of Subsection (3) are met, the commission shall report to the Revenue
1196 
and Taxation Interim Committee by electronic means that in accordance with this
1197 
section:
1198 
(a) the commission is required to remove a tax credit from each tax return on which the
1199 
tax credit appears; and
1200 
(b) a claimant, estate, or trust filing a tax return may not claim the tax credit.
1201 
(5)(a) Within a 30-day period after the day on which the commission makes the report
1202 
required by Subsection (4), the commission shall publish a list in accordance with
1203 
Subsection (5)(b) stating each tax credit that the commission will remove from a
1204 
return on which the tax credit appears.
1205 
(b) The list shall:
1206 
(i) be published on:
1207 
(A) the commission's website; and
1208 
(B) the public legal notice website in accordance with Section 45-1-101;
1209 
(ii) include a statement that:
1210 
(A) the commission is required to remove the tax credit from each return on which
1211 
the tax credit appears; and
1212 
(B) the tax credit may not be claimed on a return;
1213 
(iii) state the taxable year for which the removal described in Subsection (5)(a) takes
1214 
effect; and
1215 
(iv) remain available for viewing and searching until the commission publishes a new
1216 
list in accordance with this Subsection (5).
1217 
Section 15.  Section 63I-2-259 is amended to read:
1218 
63I-2-259  (Effective  05/07/25). Repeal dates: Title 59.
- 36 - 02-03 14:42	3rd Sub. (Cherry) H.B. 60
1219 
(1) Subsection 59-7-159(3)(b)(iii), referencing Section 59-7-614.10, is repealed December
1220 
31, 2026.
1221 
[(1)] (2) Subsection 59-7-610(8), regarding claiming a tax credit in the same taxable year as
1222 
the targeted business income tax credit, is repealed December 31, 2024.
1223 
(3) Section 59-7-614.10 is repealed December 31, 2026.
1224 
[(2)] (4) Subsection 59-7-614.10(5), regarding claiming a tax credit in the same taxable year
1225 
as the targeted business income tax credit, is repealed December 31, 2024.
1226 
[(3)] (5) Section 59-7-624, Targeted business income tax credit, is repealed December 31,
1227 
2024.
1228 
(6) Subsection 59-10-137(3)(b)(viii), referencing Section 59-10-1037, is repealed
1229 
December 31, 2026.
1230 
[(4)] (7) Subsection 59-10-210(2)(b)(vi), regarding Section 59-10-1112, is repealed
1231 
December 31, 2024.
1232 
[(5)] (8) Subsection 59-10-1007(8), regarding claiming a tax credit in the same taxable year
1233 
as the targeted business income tax credit, is repealed December 31, 2024.
1234 
(9) Section 59-10-1037 is repealed December 31, 2026.
1235 
[(6)] (10) Subsection 59-10-1037(5), regarding claiming a tax credit in the same taxable
1236 
year as the targeted business income tax credit, is repealed December 31, 2024.
1237 
[(7)] (11) Section 59-10-1112, Targeted business income tax credit, is repealed December
1238 
31, 2024.
1239 
Section 16.  Section 63I-2-263 is amended to read:
1240 
63I-2-263  (Effective  05/07/25). Repeal dates: Titles 63A through 63O.
1241 
(1) Title 63A, Chapter 2, Part 5, Educational Interpretation and Translation Services
1242 
Procurement Advisory Council is repealed July 1, 2025.
1243 
(2) Section 63A-17-806, Definitions -- Infant at Work Pilot Program -- Administration --
1244 
Report, is repealed June 30, 2026.
1245 
(3) Section 63C-1-103, Appointment and terms of boards, committees, councils, and
1246 
commissions transitioning on October 1, 2024, or December 31, 2024, is repealed July
1247 
1, 2025.
1248 
(4) Section 63C-1-104, Appointment and terms of boards transitioning on October 1, 2024,
1249 
is repealed January 1, 2025.
1250 
(5) Title 63C, Chapter 29, Domestic Violence Data Task Force, is repealed October 1, 2024.
1251 
(6) Subsection 63G-6a-802(1)(e), regarding a procurement for a presidential debate, is
1252 
repealed January 1, 2025.
- 37 - 3rd Sub. (Cherry) H.B. 60	02-03 14:42
1253 
(7) Subsection 63G-6a-802(3)(b)(iii), regarding a procurement for a presidential debate, is
1254 
repealed January 1, 2025.
1255 
(8) Subsection 63H-7a-403(2)(b), regarding the charge to maintain the public safety
1256 
communications network, is repealed July 1, 2033.
1257 
(9) Subsection 63J-1-602.2(3), regarding funding the Enterprise Zone Act, is repealed
1258 
December 31, 2026.
1259 
[(9)] (10) Subsection 63J-1-602.2(47), regarding appropriations to the State Tax
1260 
Commission for deferral reimbursements, is repealed July 1, 2027.
1261 
[(10)] (11) Section 63M-7-221, Expungement working group, is repealed April 30, 2025.
1262 
[(11)] (12) Section 63M-7-504, Crime Victim Reparations and Assistance Board --
1263 
Members, is repealed December 31, 2024.
1264 
[(12)] (13) Section 63M-7-505, Board and office within Commission on Criminal and
1265 
Juvenile Justice, is repealed December 31, 2024.
1266 
[(13)] (14) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed
1267 
December 31, 2024.
1268 
[(14)] (15) Subsection 63N-2-213(12)(a), regarding claiming a tax credit in the same taxable
1269 
year as the targeted business income tax credit, is repealed December 31, 2024.
1270 
(16) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed December 31, 2026.
1271 
[(15)] (17) Title 63N, Chapter 2, Part 3, Targeted Business Income Tax Credit in an
1272 
Enterprise Zone, is repealed December 31, 2024.
1273 
Section 17.  Effective Date.
1274 
(1) Except as provided in Subsection (2), this bill takes effect on May 7, 2025.
1275 
(2) The actions affecting the following sections take effect for a taxable year beginning on
1276 
or after January 1, 2026:
1277 
(a) Section 59-1-1801 (Effective 01/01/26);
1278 
(b) Section 59-1-1802 (Effective 01/01/26);
1279 
(c) Section 59-10-104.1 (Effective 01/01/26);
1280 
(d) Section 59-10-114 (Effective 01/01/26);
1281 
(e) Section 59-10-510 (Effective 01/01/26); and
1282 
(f) Section 59-10-1042 (Effective 01/01/26).
1283 
Section 18.  Retrospective operation.
1284 
The following sections have retrospective operation for a taxable year beginning on or
1285 
after January 1, 2025:
1286 
(1) Section 59-7-614;
- 38 - 02-03 14:42	3rd Sub. (Cherry) H.B. 60
1287 
(2) Section 59-7-614.10;
1288 
(3) Section 59-10-1037;
1289 
(4) Section 59-10-1045; and
1290 
(5) Section 59-10-1102.2.
- 39 -