Utah 2025 Regular Session

Utah House Bill HB0060 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 60
	1	+	03-04 08:09 4th Sub. (Green) H.B. 60
	2	+	Daniel McCay proposes the following substitute bill:
2	3		1
3	4		State Tax Amendments
4	5		2025 GENERAL SESSION
5	6		STATE OF UTAH
6	7		Chief Sponsor: Steve Eliason
7	8		Senate Sponsor: Daniel McCay
8	9		2
9	10
10	11		3
11	12		LONG TITLE
12	13		4
13	14		General Description:
14	15		5
15	16		This bill modifies provisions relating to the tax code.
16	17		6
17	18		Highlighted Provisions:
18	19		7
19	20		This bill:
20	21		8
21	22		▸ repeals obsolete language;
22	23		9
23	24		▸ provides the scope of the State Tax Commission's authority to share income tax return
24	25		10
25	26		information with the Department of Workforce Services to determine eligibility for
26	27		11
27	28		public assistance;
28	29		12
29	30		▸ provides the circumstances under which there is an annual limit on the total amount of
30	31		13
31	32		interest that the commission pays;
32	33		14
33	34		▸ requires a payment settlement entity, such as a marketplace facilitator, to file certain
34	35		15
35		-	federal forms for a participating payee with an address in the state with the State Tax
	36	+	federal forms Ŝ→ for a participating payee with an address in the state ←Ŝ with the State
	37	+	15a
	38	+	Tax Commission;
36	39		16
	40	+	▸ clarifies what is a commercial unit for purposes of claiming a commercial energy system
	41	+	17
	42	+	tax credit;
	43	+	18
	44	+	▸ updates the circumstances under which an individual is exempt from individual income
	45	+	19
	46	+	tax;
	47	+	20
	48	+	▸ creates a deduction for individuals who have to repay social security that is subject to
	49	+	21
	50	+	income tax;
	51	+	22
	52	+	▸ provides for the repeal of the enterprise zone tax credit, which, by statute, automatically
	53	+	23
	54	+	expired;
	55	+	24
	56	+	▸ extends the carry forward period for a tax credit available to a pass-through entity
	57	+	25
	58	+	taxpayer who receives income from a pass-through entity that paid the income tax on the
	59	+	26
	60	+	income;
	61	+	27
	62	+	▸ provides the circumstances for the automatic removal of refundable individual income tax
	63	+	4th Sub. H.B. 60 4th Sub. (Green) H.B. 60 03-04 08:09
	64	+	28
	65	+	credits from the income tax return; and
	66	+	29
	67	+	▸ makes technical changes.
	68	+	30
	69	+	Money Appropriated in this Bill:
	70	+	31
	71	+	None
	72	+	32
	73	+	Other Special Clauses:
	74	+	33
	75	+	This bill provides a special effective date.
	76	+	34
	77	+	This bill provides retrospective operation.
	78	+	35
	79	+	Utah Code Sections Affected:
	80	+	36
	81	+	AMENDS:
	82	+	37
	83	+	19-12-203 (Effective 01/01/26), as enacted by Laws of Utah 2014, Chapter 24
	84	+	38
	85	+	31A-32a-103 (Effective 05/07/25), as last amended by Laws of Utah 2008, Chapter 389
	86	+	39
	87	+	35A-3-105 (Effective 05/07/25), as last amended by Laws of Utah 2015, Chapter 221
	88	+	40
	89	+	59-1-402 (Effective 01/01/26), as last amended by Laws of Utah 2024, Chapter 290
	90	+	41
	91	+	59-1-403 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 25, 35
	92	+	42
	93	+	59-7-614 (Effective 05/07/25) (Applies beginning 01/01/25), as last amended by Laws of
	94	+	43
	95	+	Utah 2024, Chapter 53
	96	+	44
	97	+	59-7-614.10 (Effective 05/07/25) (Applies beginning 01/01/25), as last amended by
	98	+	45
	99	+	Laws of Utah 2021, Chapter 282
	100	+	46
	101	+	59-10-104.1 (Effective 01/01/26), as last amended by Laws of Utah 2008, Chapter 389
	102	+	47
	103	+	59-10-114 (Effective 01/01/26), as last amended by Laws of Utah 2023, Chapter 470
	104	+	48
	105	+	59-10-510 (Effective 01/01/26), as last amended by Laws of Utah 2009, Chapter 212
	106	+	49
	107	+	59-10-1037 (Effective 05/07/25) (Applies beginning 01/01/25), as last amended by Laws
	108	+	50
	109	+	of Utah 2021, Chapter 282
	110	+	51
	111	+	59-10-1042 (Effective 01/01/26), as last amended by Laws of Utah 2023, Chapter 459
	112	+	52
	113	+	59-10-1045 (Effective 01/01/26) (Applies beginning 01/01/25), as last amended by Laws
	114	+	53
	115	+	of Utah 2023, Chapter 470
	116	+	54
	117	+	63I-2-259 (Effective 05/07/25), as last amended by Laws of Utah 2024, Third Special
	118	+	55
	119	+	Session, Chapter 5
	120	+	56
	121	+	63I-2-263 (Effective 05/07/25), as last amended by Laws of Utah 2024, Third Special
	122	+	57
	123	+	Session, Chapter 5
	124	+	58
	125	+	ENACTS:
	126	+	59
	127	+	59-1-1801 (Effective 01/01/26), Utah Code Annotated 1953
	128	+	60
	129	+	59-1-1802 (Effective 01/01/26), Utah Code Annotated 1953
	130	+	61
	131	+	59-10-1102.2 (Effective 05/07/25) (Applies beginning 01/01/25), Utah Code
	132	+	- 2 - 03-04 08:09 4th Sub. (Green) H.B. 60
	133	+	62
	134	+	Annotated 1953
	135	+	63
	136	+
	137	+	64
	138	+	Be it enacted by the Legislature of the state of Utah:
	139	+	65
	140	+	Section 1. Section 19-12-203 is amended to read:
	141	+	66
	142	+	19-12-203 (Effective 01/01/26). Refunds -- Interest.
	143	+	67
	144	+	(1) A person [who] that pays a tax under Title 59, Chapter 12, Sales and Use Tax Act, on a
	145	+	68
	146	+	purchase or lease that would otherwise be exempt under Section 19-12-201, except that
	147	+	69
	148	+	the director has not issued a certification under Section 19-12-303, may obtain a refund
	149	+	70
	150	+	of the tax if:
	151	+	71
	152	+	(a) the director subsequently issues a certification under Section 19-12-303; and
	153	+	72
	154	+	(b) the person files a claim for the refund with the State Tax Commission on or before
	155	+	73
	156	+	the earlier of:
	157	+	74
	158	+	(i) three years after the date the director issues the certification under Section
	159	+	75
	160	+	19-12-303; or
	161	+	76
	162	+	(ii) six years after the date the person pays the tax under Title 59, Chapter 12, Sales
	163	+	77
	164	+	and Use Tax Act.
	165	+	78
	166	+	(2) A person [who] that pays a tax under Title 59, Chapter 12, Sales and Use Tax Act, on a
	167	+	79
	168	+	purchase or lease that is exempt under Section 19-12-201, may obtain a refund of the tax
	169	+	80
	170	+	if the person files a claim for the refund with the State Tax Commission within three
	171	+	81
	172	+	years after the date the person pays the tax under Title 59, Chapter 12, Sales and Use
	173	+	82
	174	+	Tax Act.
	175	+	83
	176	+	(3)(a) If a person files a claim for a refund of taxes under Subsection (1) within 180 days
	177	+	84
	178	+	after the date the director issues a certification under Section 19-12-303, interest shall
	179	+	85
	180	+	be added to the amount of the refund the State Tax Commission grants:
	181	+	86
	182	+	(i) at the interest rate [prescribed] and, except as provided in Subsection (3)(a)(ii), in
	183	+	87
	184	+	the manner provided in Section 59-1-402; and
	185	+	88
	186	+	(ii) beginning on the date the person pays the tax under Title 59, Chapter 12, Sales
	187	+	89
	188	+	and Use Tax Act, for which the person is claiming the refund.
	189	+	90
	190	+	(b) If a person files a claim for a refund of taxes under Subsection (1) more than 180
	191	+	91
	192	+	days after the date the director issues a certification under Section 19-12-303, interest
	193	+	92
	194	+	shall be added to the amount of the refund the State Tax Commission grants:
	195	+	93
	196	+	(i) at the interest rate [prescribed] and, except as provided in Subsection (3)(b)(ii), in
	197	+	94
	198	+	the manner provided in Section 59-1-402; and
	199	+	95
	200	+	(ii) beginning 30 days after the date the person files the claim for a refund.
	201	+	- 3 - 4th Sub. (Green) H.B. 60 03-04 08:09
	202	+	96
	203	+	(4) If a person files a claim for a refund of taxes under Subsection (2), interest shall be
	204	+	97
	205	+	added to the amount of the refund the State Tax Commission grants:
	206	+	98
	207	+	(a) at the interest rate [prescribed] and, except as provided in Subsection (4)(b), in the
	208	+	99
	209	+	manner provided in Section 59-1-402; and
	210	+	100
	211	+	(b) beginning 30 days after the date the person files the claim for the refund.
	212	+	101
	213	+	Section 2. Section 31A-32a-103 is amended to read:
	214	+	102
	215	+	31A-32a-103 (Effective 05/07/25). Establishing medical care savings accounts.
	216	+	103
	217	+	(1) [For a taxable year beginning on or after January 1, 1995:]
	218	+	104
	219	+	(a) [an] An employer, except as otherwise provided by contract or a collective bargaining
	220	+	105
	221	+	agreement, may offer a medical care savings account program to the employer's
	222	+	106
	223	+	employees[; or] .
	224	+	107
	225	+	(b) [a] A resident individual may establish a medical care savings account program for
	226	+	108
	227	+	the individual or for the individual's dependents.
	228	+	109
	229	+	(2)(a) A contribution into an account made by an employer on behalf of an employee, or
	230	+	110
	231	+	made by an individual account holder, may not exceed the greater of:
	232	+	111
	233	+	(i) $2,000 in any taxable year; or
	234	+	112
	235	+	(ii) an amount of money equal to the sum of all eligible medical expenses paid by the
	236	+	113
	237	+	employee or account holder for that taxable year on behalf of the employee,
	238	+	114
	239	+	account holder, or the employee's or account holder's spouse or dependents.
	240	+	115
	241	+	(b) For purposes of Subsection (2)(a)(ii), eligible medical expenses are limited to
	242	+	116
	243	+	expenses in the taxable year that an insurance carrier has applied to the employee's or
	244	+	117
	245	+	account holder's deductible.
	246	+	118
	247	+	(3) An employer that offers a medical care savings account program shall, before making
	248	+	119
	249	+	any contributions:
	250	+	120
	251	+	(a) inform all employees in writing of the fact that these contributions may not be
	252	+	121
	253	+	deductible under the federal tax laws; and
	254	+	122
	255	+	(b) obtain from the employee a written election to participate in the medical care savings
	256	+	123
	257	+	account program.
	258	+	124
	259	+	[(4) Except as provided in Sections 31A-32a-105 and 59-10-114, principal contributed to
	260	+	125
	261	+	and interest earned on a medical care savings account and money reimbursed to an
	262	+	126
	263	+	employee or account holder for eligible medical expenses are exempt from taxation.]
	264	+	127
	265	+	[(5)] (4)(a) An employer may select a single account administrator for all of the
	266	+	128
	267	+	employer's employee's medical care savings accounts.
	268	+	129
	269	+	(b) If a single account administrator is not selected, an employer may contribute directly
	270	+	- 4 - 03-04 08:09 4th Sub. (Green) H.B. 60
	271	+	130
	272	+	to the account holder's individual medical care savings account.
	273	+	131
	274	+	Section 3. Section 35A-3-105 is amended to read:
	275	+	132
	276	+	35A-3-105 (Effective 05/07/25). Determination of eligibility and responsibility --
	277	+	133
	278	+	Information from State Tax Commission.
	279	+	134
	280	+	(1) [The] Except as prohibited by federal law, the department may have access to relevant
	281	+	135
	282	+	information contained in the income tax returns of an applicant, a recipient, or a person
	283	+	136
	284	+	who has a duty to support an applicant or recipient, in determining:
	285	+	137
	286	+	(a) eligibility for public assistance;
	287	+	138
	288	+	(b) payment responsibilities for institutional care; or
	289	+	139
	290	+	(c) any other administrative purpose consistent with this chapter.
	291	+	140
	292	+	(2) The information requested by the department shall be:
	293	+	141
	294	+	(a) provided by the State Tax Commission, to the extent authorized by federal law, on
	295	+	142
	296	+	forms [furnished] provided by the department; and
	297	+	143
	298	+	(b) treated by the department as a private record under Title 63G, Chapter 2,
	299	+	144
	300	+	Government Records Access and Management Act.
	301	+	145
	302	+	Section 4. Section 59-1-402 is amended to read:
	303	+	146
	304	+	59-1-402 (Effective 01/01/26). Definitions -- Interest.
	305	+	147
	306	+	(1) As used in this section:
	307	+	148
	308	+	(a) "Final judicial decision" means a final ruling by a court of this state or the United
	309	+	149
	310	+	States for which the time for any further review or proceeding has expired.
	311	+	150
	312	+	(b) "Retroactive application of a judicial decision" means the application of a final
	313	+	151
	314	+	judicial decision that:
	315	+	152
	316	+	(i) invalidates a state or federal taxation statute; and
	317	+	153
	318	+	(ii) requires the state to provide a refund for an overpayment that was made:
	319	+	154
	320	+	(A) [prior to] before the final judicial decision; or
	321	+	155
	322	+	(B) during the 180-day period after the final judicial decision.
	323	+	156
	324	+	(c)(i) [Except as provided in Subsection (1)(c)(ii), "tax] "Tax, fee, or charge" means:
	325	+	157
	326	+	(A) a tax, fee, or charge the commission administers under:
	327	+	158
	328	+	(I) this title;
	329	+	159
	330	+	(II) Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act;
	331	+	160
	332	+	(III) Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax
	333	+	161
	334	+	Act;
	335	+	162
	336	+	(IV) Section 19-6-410.5;
	337	+	163
	338	+	(V) Section 19-6-714;
	339	+	- 5 - 4th Sub. (Green) H.B. 60 03-04 08:09
	340	+	164
	341	+	(VI) Section 19-6-805;
	342	+	165
	343	+	(VII) Section 34A-2-202;
	344	+	166
	345	+	(VIII) Section 40-6-14; or
	346	+	167
	347	+	(IX) Title 69, Chapter 2, Part 4, Prepaid Wireless Telecommunications Service
	348	+	168
	349	+	Charges; or
	350	+	169
	351	+	(B) another amount that by statute is subject to interest imposed under this section.
	352	+	170
	353	+	(ii) "Tax, fee, or charge" does not include a tax, fee, or charge imposed under:
	354	+	171
	355	+	(A) Title 41, Chapter 1a, Motor Vehicle Act, except for Section 41-1a-301;
	356	+	172
	357	+	(B) Title 41, Chapter 3, Motor Vehicle Business Regulation Act;
	358	+	173
	359	+	(C) Chapter 2, Property Tax Act, except for Section 59-2-1309;
	360	+	174
	361	+	(D) Chapter 3, Tax Equivalent Property Act;
	362	+	175
	363	+	(E) Chapter 4, Privilege Tax; or
	364	+	176
	365	+	(F) Chapter 13, Part 5, Interstate Agreements.
	366	+	177
	367	+	(2) Except as otherwise provided for by law, the commission shall calculate the interest rate
	368	+	178
	369	+	for a calendar year for a tax, fee, or charge [administered by the commission shall be
	370	+	179
	371	+	calculated] the commission administers based on the federal short-term rate determined
	372	+	180
	373	+	by the Secretary of the Treasury under Section 6621, Internal Revenue Code, in effect
	374	+	181
	375	+	for the preceding fourth calendar quarter.
	376	+	182
	377	+	(3) The interest rate calculation shall be as follows:
	378	+	183
	379	+	(a) except as provided in Subsection (7), in the case of an overpayment or refund, the
	380	+	184
	381	+	commission shall calculate simple interest [shall be calculated ]at the rate of two
	382	+	185
	383	+	percentage points above the federal short-term rate; or
	384	+	186
	385	+	(b) in the case of an underpayment, deficiency, or delinquency, the commission shall
	386	+	187
	387	+	calculate simple interest [shall be calculated ]at the rate of two percentage points
	388	+	188
	389	+	above the federal short-term rate.
	390	+	189
	391	+	(4) Notwithstanding Subsection (2) or (3), the commission shall determine the interest rate
	392	+	190
	393	+	applicable to certain installment sales for purposes of a tax under Chapter 7, Corporate
	394	+	191
	395	+	Franchise and Income Taxes, [shall be determined ]in accordance with Section 453A,
	396	+	192
	397	+	Internal Revenue Code, as provided in Section 59-7-112.
	398	+	193
	399	+	(5)(a) Except as provided in Subsection (5)(c), the commission may not pay interest [
	400	+	194
	401	+	may not be allowed ]on an overpayment of a tax, fee, or charge if the overpayment of
	402	+	195
	403	+	the tax, fee, or charge is refunded within:
	404	+	196
	405	+	(i) 45 days after the last date [prescribed] provided for filing the return:
	406	+	197
	407	+	(A) with respect to a tax under Chapter 7, Corporate Franchise and Income Taxes,
	408	+	- 6 - 03-04 08:09 4th Sub. (Green) H.B. 60
	409	+	198
	410	+	or Chapter 10, Individual Income Tax Act[,] ; and
	411	+	199
	412	+	(B) if the return is filed electronically; or
	413	+	200
	414	+	(ii) 90 days after the last date [prescribed] provided for filing the return:
	415	+	201
	416	+	(A) with respect to a tax, fee, or charge, except for a tax under Chapter 7,
	417	+	202
	418	+	Corporate Franchise and Income Taxes, or Chapter 10, Individual Income Tax
	419	+	203
	420	+	Act; or
	421	+	204
	422	+	(B) if the return is not filed electronically.
	423	+	205
	424	+	(b) Except as provided in Subsection (5)(c), if [the return is filed after the last date
	425	+	206
	426	+	prescribed] a person files a return after the last date provided for filing the return,
	427	+	207
	428	+	interest [may not be] is not allowed on the overpayment if the overpayment is
	429	+	208
	430	+	refunded within:
	431	+	209
	432	+	(i) 45 days after the date the return is filed:
	433	+	210
	434	+	(A) with respect to a tax under Chapter 7, Corporate Franchise and Income Taxes,
	435	+	211
	436	+	or Chapter 10, Individual Income Tax Act; and
	437	+	212
	438	+	(B) if the return is filed electronically; or
	439	+	213
	440	+	(ii) 90 days after the date the return is filed:
	441	+	214
	442	+	(A) with respect to a tax, fee, or charge, except for a tax under Chapter 7,
	443	+	215
	444	+	Corporate Franchise and Income Taxes, or Chapter 10, Individual Income Tax
	445	+	216
	446	+	Act; or
	447	+	217
	448	+	(B) if the return is not filed electronically.
	449	+	218
	450	+	(c)(i) Subject to Subsection [(5)(d)] (5)(c)(ii), for an amended return, the commission
	451	+	219
	452	+	shall pay interest on an overpayment [is allowed ]for a time period:
	453	+	220
	454	+	(A) that begins on the later of[:]
	455	+	221
	456	+	[(I)] the date the original return was filed[;] or
	457	+	222
	458	+	[(II)] the due date for filing the original return not including any extensions for
	459	+	223
	460	+	filing the original return; and
	461	+	224
	462	+	(B) that ends on the date the commission receives the amended return.
	463	+	225
	464	+	(ii)(A) For interest that accrues on or after January 1, 2026, the maximum amount
	465	+	226
	466	+	of interest authorized by Subsection (5)(c)(i) is $100 per calendar year.
	467	+	227
	468	+	(B) Subsection (5)(c)(ii)(A) does not apply to an overpayment provided to a
	469	+	228
	470	+	federally recognized tribe or an overpayment resulting from commission error.
	471	+	229
	472	+	[(ii)] (iii) For an amended return filed electronically with respect to a tax under
	473	+	230
	474	+	Chapter 7, Corporate Franchise and Income Taxes, or Chapter 10, Individual
	475	+	231
	476	+	Income Tax Act, the commission shall pay interest on an overpayment [is allowed ]
	477	+	- 7 - 4th Sub. (Green) H.B. 60 03-04 08:09
	478	+	232
	479	+	if the commission does not process a refund of the overpayment within a 45-day
	480	+	233
	481	+	period after the date the commission receives the amended return, for a time
	482	+	234
	483	+	period:
	484	+	235
	485	+	(A) that begins 46 days after the commission receives the amended return; and
	486	+	236
	487	+	(B) that ends on the date that the commission completes processing the refund of
	488	+	237
	489	+	the overpayment.
	490	+	238
	491	+	[(iii)] (iv) For an amended return not filed electronically or with respect to any tax,
	492	+	239
	493	+	fee, or charge not described in Subsection [(5)(c)(ii)] (5)(c)(iii), the commission
	494	+	240
	495	+	shall pay interest on an overpayment [is allowed ]if the commission does not
	496	+	241
	497	+	process a refund of the overpayment within a 90-day period after the date the
	498	+	242
	499	+	commission receives the amended return, for a time period:
	500	+	243
	501	+	(A) that begins 91 days after the commission receives the amended return; and
	502	+	244
	503	+	(B) that ends on the date that the commission completes processing the refund of
	504	+	245
	505	+	the overpayment.
	506	+	246
	507	+	[(d)(i) This Subsection (5)(d) applies to interest on an overpayment under
	508	+	247
	509	+	Subsection (5)(c)(i) in which:]
	510	+	248
	511	+	[(A) the amount of interest accruing on the overpayment on or after January 1,
	512	+	249
	513	+	2025, exceeds $200 in any calendar year during the time period described in
	514	+	250
	515	+	Subsection (5)(c)(i); and]
	516	+	251
	517	+	[(B) the amount of the overpayment exceeds 30% of the taxpayer's total tax
	518	+	252
	519	+	liability as originally reported for the tax, fee, or charge to which the
	520	+	253
	521	+	overpayment applies during the time period described in Subsection (5)(c)(i).]
	522	+	254
	523	+	[(ii) This Subsection (5)(d) does not apply to:]
	524	+	255
	525	+	[(A) an overpayment provided to a federally-recognized tribe; or]
	526	+	256
	527	+	[(B) an overpayment resulting from commission error.]
	528	+	257
	529	+	[(iii) The annual interest rate imposed on an overpayment described in Subsection
	530	+	258
	531	+	(5)(d)(i) shall be calculated at the rate of two percentage points below the federal
	532	+	259
	533	+	short-term rate.]
	534	+	260
	535	+	[(iv) Notwithstanding Subsection (5)(d)(iii), for an overpayment described in
	536	+	261
	537	+	Subsection (5)(d)(i):]
	538	+	262
	539	+	[(A) the interest rate imposed on the overpayment shall be a rate of no less than
	540	+	263
	541	+	0% and no more than 3%; and]
	542	+	264
	543	+	[(B) the amount of interest accruing in a calendar year for an overpayment may
	544	+	265
	545	+	not be less than $200, unless the amount of interest that would have accrued
	546	+	- 8 - 03-04 08:09 4th Sub. (Green) H.B. 60
	547	+	266
	548	+	during the calendar year is less than $200 when calculated using the interest
	549	+	267
	550	+	rate described in Subsection (3).]
	551	+	268
	552	+	(6) [Interest on any underpayment, deficiency, or delinquency of a tax, fee, or charge shall
	553	+	269
	554	+	be computed] The commission shall compute interest on any underpayment, deficiency,
	555	+	270
	556	+	or delinquency of a tax, fee, or charge from the time the original return is due, excluding
	557	+	271
	558	+	any filing or payment extensions, to the date the payment is received.
	559	+	272
	560	+	(7) [Interest on a refund relating to a tax, fee, or charge may not be paid on any overpayment]
	561	+	273
	562	+	The commission may not pay interest on a refund relating to an overpayment of a tax,
	563	+	274
	564	+	fee, or charge that arises from a statute that is determined to be invalid under state or
	565	+	275
	566	+	federal law or declared unconstitutional under the constitution of the United States or
	567	+	276
	568	+	Utah if the basis for the refund is the retroactive application of a judicial decision
	569	+	277
	570	+	upholding the claim of unconstitutionality or the invalidation of a statute.
	571	+	278
	572	+	Section 5. Section 59-1-403 is amended to read:
	573	+	279
	574	+	59-1-403 (Effective 05/07/25). Confidentiality -- Exceptions -- Penalty --
	575	+	280
	576	+	Application to property tax.
	577	+	281
	578	+	(1) As used in this section:
	579	+	282
	580	+	(a) "Distributed tax, fee, or charge" means a tax, fee, or charge:
	581	+	283
	582	+	(i) the commission administers under:
	583	+	284
	584	+	(A) this title, other than a tax under Chapter 12, Part 2, Local Sales and Use Tax
	585	+	285
	586	+	Act;
	587	+	286
	588	+	(B) Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act;
	589	+	287
	590	+	(C) Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act;
	591	+	288
	592	+	(D) Section 19-6-805;
	593	+	289
	594	+	(E) Section 63H-1-205; or
	595	+	290
	596	+	(F) Title 69, Chapter 2, Part 4, Prepaid Wireless Telecommunications Service
	597	+	291
	598	+	Charges; and
	599	+	292
	600	+	(ii) with respect to which the commission distributes the revenue collected from the
	601	+	293
	602	+	tax, fee, or charge to a qualifying jurisdiction.
	603	+	294
	604	+	(b) "Qualifying jurisdiction" means:
	605	+	295
	606	+	(i) a county, city, or town;
	607	+	296
	608	+	(ii) the military installation development authority created in Section 63H-1-201; or
	609	+	297
	610	+	(iii) the Utah Inland Port Authority created in Section 11-58-201.
	611	+	298
	612	+	(2)(a) Any of the following may not divulge or make known in any manner any
	613	+	299
	614	+	information gained by that person from any return filed with the commission:
	615	+	- 9 - 4th Sub. (Green) H.B. 60 03-04 08:09
	616	+	300
	617	+	(i) a tax commissioner;
	618	+	301
	619	+	(ii) an agent, clerk, or other officer or employee of the commission; or
	620	+	302
	621	+	(iii) a representative, agent, clerk, or other officer or employee of any county, city, or
	622	+	303
	623	+	town.
	624	+	304
	625	+	(b) An official charged with the custody of a return filed with the commission is not
	626	+	305
	627	+	required to produce the return or evidence of anything contained in the return in any
	628	+	306
	629	+	action or proceeding in any court, except:
	630	+	307
	631	+	(i) in accordance with judicial order;
	632	+	308
	633	+	(ii) on behalf of the commission in any action or proceeding under:
	634	+	309
	635	+	(A) this title; or
	636	+	310
	637	+	(B) other law under which persons are required to file returns with the
	638	+	311
37	639		commission;
38		-	17
39		-	▸ clarifies what is a commercial unit for purposes of claiming a commercial energy system
40		-	18
41		-	tax credit;
42		-	19
43		-	▸ updates the circumstances under which an individual is exempt from individual income
44		-	20
45		-	tax;
46		-	21
47		-	▸ creates a deduction for individuals who have to repay social security that is subject to
48		-	22
49		-	income tax;
50		-	23
51		-	▸ provides for the repeal of the enterprise zone tax credit, which, by statute, automatically
52		-	24
53		-	expired;
54		-	25
55		-	▸ extends the carry forward period for a tax credit available to a pass-through entity
56		-	26
57		-	taxpayer who receives income from a pass-through entity that paid the income tax on the
58		-	27
59		-	income; H.B. 60 Enrolled Copy
60		-	28
61		-	▸ provides the circumstances for the automatic removal of refundable individual income tax
62		-	29
63		-	credits from the income tax return; and
64		-	30
65		-	▸ makes technical changes.
66		-	31
67		-	Money Appropriated in this Bill:
68		-	32
69		-	None
70		-	33
71		-	Other Special Clauses:
72		-	34
73		-	This bill provides a special effective date.
74		-	35
75		-	This bill provides retrospective operation.
76		-	36
77		-	Utah Code Sections Affected:
78		-	37
79		-	AMENDS:
80		-	38
81		-	19-12-203 (Effective 01/01/26), as enacted by Laws of Utah 2014, Chapter 24
82		-	39
83		-	31A-32a-103 (Effective 05/07/25), as last amended by Laws of Utah 2008, Chapter 389
84		-	40
85		-	35A-3-105 (Effective 05/07/25), as last amended by Laws of Utah 2015, Chapter 221
86		-	41
87		-	59-1-402 (Effective 01/01/26), as last amended by Laws of Utah 2024, Chapter 290
88		-	42
89		-	59-1-403 (Effective 05/07/25), as last amended by Laws of Utah 2024, Chapters 25, 35
90		-	43
91		-	59-7-614 (Effective 05/07/25) (Applies beginning 01/01/25), as last amended by Laws of
92		-	44
93		-	Utah 2024, Chapter 53
94		-	45
95		-	59-7-614.10 (Effective 05/07/25) (Applies beginning 01/01/25), as last amended by
96		-	46
97		-	Laws of Utah 2021, Chapter 282
98		-	47
99		-	59-10-104.1 (Effective 01/01/26), as last amended by Laws of Utah 2008, Chapter 389
100		-	48
101		-	59-10-114 (Effective 01/01/26), as last amended by Laws of Utah 2023, Chapter 470
102		-	49
103		-	59-10-510 (Effective 01/01/26), as last amended by Laws of Utah 2009, Chapter 212
104		-	50
105		-	59-10-1037 (Effective 05/07/25) (Applies beginning 01/01/25), as last amended by Laws
106		-	51
107		-	of Utah 2021, Chapter 282
108		-	52
109		-	59-10-1042 (Effective 01/01/26), as last amended by Laws of Utah 2023, Chapter 459
110		-	53
111		-	59-10-1045 (Effective 01/01/26) (Applies beginning 01/01/25), as last amended by Laws
112		-	54
113		-	of Utah 2023, Chapter 470
114		-	55
115		-	63I-2-259 (Effective 05/07/25), as last amended by Laws of Utah 2024, Third Special
116		-	56
117		-	Session, Chapter 5
118		-	57
119		-	63I-2-263 (Effective 05/07/25), as last amended by Laws of Utah 2024, Third Special
120		-	58
121		-	Session, Chapter 5
122		-	59
123		-	ENACTS:
124		-	60
125		-	59-1-1801 (Effective 01/01/26), Utah Code Annotated 1953
126		-	61
127		-	59-1-1802 (Effective 01/01/26), Utah Code Annotated 1953
128		-	- 2 - Enrolled Copy H.B. 60
129		-	62
130		-	59-10-1102.2 (Effective 05/07/25) (Applies beginning 01/01/25), Utah Code
131		-	63
132		-	Annotated 1953
133		-	64
134		-
135		-	65
136		-	Be it enacted by the Legislature of the state of Utah:
137		-	66
138		-	Section 1. Section 19-12-203 is amended to read:
139		-	67
140		-	19-12-203 (Effective 01/01/26). Refunds -- Interest.
141		-	68
142		-	(1) A person [who] that pays a tax under Title 59, Chapter 12, Sales and Use Tax Act, on a
143		-	69
144		-	purchase or lease that would otherwise be exempt under Section 19-12-201, except that
145		-	70
146		-	the director has not issued a certification under Section 19-12-303, may obtain a refund
147		-	71
148		-	of the tax if:
149		-	72
150		-	(a) the director subsequently issues a certification under Section 19-12-303; and
151		-	73
152		-	(b) the person files a claim for the refund with the State Tax Commission on or before
153		-	74
154		-	the earlier of:
155		-	75
156		-	(i) three years after the date the director issues the certification under Section
157		-	76
158		-	19-12-303; or
159		-	77
160		-	(ii) six years after the date the person pays the tax under Title 59, Chapter 12, Sales
161		-	78
162		-	and Use Tax Act.
163		-	79
164		-	(2) A person [who] that pays a tax under Title 59, Chapter 12, Sales and Use Tax Act, on a
165		-	80
166		-	purchase or lease that is exempt under Section 19-12-201, may obtain a refund of the tax
167		-	81
168		-	if the person files a claim for the refund with the State Tax Commission within three
169		-	82
170		-	years after the date the person pays the tax under Title 59, Chapter 12, Sales and Use
171		-	83
172		-	Tax Act.
173		-	84
174		-	(3)(a) If a person files a claim for a refund of taxes under Subsection (1) within 180 days
175		-	85
176		-	after the date the director issues a certification under Section 19-12-303, interest shall
177		-	86
178		-	be added to the amount of the refund the State Tax Commission grants:
179		-	87
180		-	(i) at the interest rate [prescribed] and, except as provided in Subsection (3)(a)(ii), in
181		-	88
182		-	the manner provided in Section 59-1-402; and
183		-	89
184		-	(ii) beginning on the date the person pays the tax under Title 59, Chapter 12, Sales
185		-	90
186		-	and Use Tax Act, for which the person is claiming the refund.
187		-	91
188		-	(b) If a person files a claim for a refund of taxes under Subsection (1) more than 180
189		-	92
190		-	days after the date the director issues a certification under Section 19-12-303, interest
191		-	93
192		-	shall be added to the amount of the refund the State Tax Commission grants:
193		-	94
194		-	(i) at the interest rate [prescribed] and, except as provided in Subsection (3)(b)(ii), in
195		-	95
196		-	the manner provided in Section 59-1-402; and
197		-	- 3 - H.B. 60 Enrolled Copy
198		-	96
199		-	(ii) beginning 30 days after the date the person files the claim for a refund.
200		-	97
201		-	(4) If a person files a claim for a refund of taxes under Subsection (2), interest shall be
202		-	98
203		-	added to the amount of the refund the State Tax Commission grants:
204		-	99
205		-	(a) at the interest rate [prescribed] and, except as provided in Subsection (4)(b), in the
206		-	100
207		-	manner provided in Section 59-1-402; and
208		-	101
209		-	(b) beginning 30 days after the date the person files the claim for the refund.
210		-	102
211		-	Section 2. Section 31A-32a-103 is amended to read:
212		-	103
213		-	31A-32a-103 (Effective 05/07/25). Establishing medical care savings accounts.
214		-	104
215		-	[(1) For a taxable year beginning on or after January 1, 1995:]
216		-	105
217		-	[(a)] (1)(a) [an] An employer, except as otherwise provided by contract or a collective
218		-	106
219		-	bargaining agreement, may offer a medical care savings account program to the
220		-	107
221		-	employer's employees[; or] .
222		-	108
223		-	(b) [a] A resident individual may establish a medical care savings account program for
224		-	109
225		-	the individual or for the individual's dependents.
226		-	110
227		-	(2)(a) A contribution into an account made by an employer on behalf of an employee, or
228		-	111
229		-	made by an individual account holder, may not exceed the greater of:
230		-	112
231		-	(i) $2,000 in any taxable year; or
232		-	113
233		-	(ii) an amount of money equal to the sum of all eligible medical expenses paid by the
234		-	114
235		-	employee or account holder for that taxable year on behalf of the employee,
236		-	115
237		-	account holder, or the employee's or account holder's spouse or dependents.
238		-	116
239		-	(b) For purposes of Subsection (2)(a)(ii), eligible medical expenses are limited to
240		-	117
241		-	expenses in the taxable year that an insurance carrier has applied to the employee's or
242		-	118
243		-	account holder's deductible.
244		-	119
245		-	(3) An employer that offers a medical care savings account program shall, before making
246		-	120
247		-	any contributions:
248		-	121
249		-	(a) inform all employees in writing of the fact that these contributions may not be
250		-	122
251		-	deductible under the federal tax laws; and
252		-	123
253		-	(b) obtain from the employee a written election to participate in the medical care savings
254		-	124
255		-	account program.
256		-	125
257		-	[(4) Except as provided in Sections 31A-32a-105 and 59-10-114, principal contributed to
258		-	126
259		-	and interest earned on a medical care savings account and money reimbursed to an
260		-	127
261		-	employee or account holder for eligible medical expenses are exempt from taxation.]
262		-	128
263		-	[(5)] (4)(a) An employer may select a single account administrator for all of the
264		-	129
265		-	employer's employee's medical care savings accounts.
266		-	- 4 - Enrolled Copy H.B. 60
267		-	130
268		-	(b) If a single account administrator is not selected, an employer may contribute directly
269		-	131
270		-	to the account holder's individual medical care savings account.
271		-	132
272		-	Section 3. Section 35A-3-105 is amended to read:
273		-	133
274		-	35A-3-105 (Effective 05/07/25). Determination of eligibility and responsibility --
275		-	134
276		-	Information from State Tax Commission.
277		-	135
278		-	(1) [The] Except as prohibited by federal law, the department may have access to relevant
279		-	136
280		-	information contained in the income tax returns of an applicant, a recipient, or a person
281		-	137
282		-	who has a duty to support an applicant or recipient, in determining:
283		-	138
284		-	(a) eligibility for public assistance;
285		-	139
286		-	(b) payment responsibilities for institutional care; or
287		-	140
288		-	(c) any other administrative purpose consistent with this chapter.
289		-	141
290		-	(2) The information requested by the department shall be:
291		-	142
292		-	(a) provided by the State Tax Commission, to the extent authorized by federal law, on
293		-	143
294		-	forms [furnished] provided by the department; and
295		-	144
296		-	(b) treated by the department as a private record under Title 63G, Chapter 2,
297		-	145
298		-	Government Records Access and Management Act.
299		-	146
300		-	Section 4. Section 59-1-402 is amended to read:
301		-	147
302		-	59-1-402 (Effective 01/01/26). Definitions -- Interest.
303		-	148
304		-	(1) As used in this section:
305		-	149
306		-	(a) "Final judicial decision" means a final ruling by a court of this state or the United
307		-	150
308		-	States for which the time for any further review or proceeding has expired.
309		-	151
310		-	(b) "Retroactive application of a judicial decision" means the application of a final
311		-	152
312		-	judicial decision that:
313		-	153
314		-	(i) invalidates a state or federal taxation statute; and
315		-	154
316		-	(ii) requires the state to provide a refund for an overpayment that was made:
317		-	155
318		-	(A) [prior to] before the final judicial decision; or
319		-	156
320		-	(B) during the 180-day period after the final judicial decision.
321		-	157
322		-	(c)(i) [Except as provided in Subsection (1)(c)(ii), "tax] "Tax, fee, or charge" means:
323		-	158
324		-	(A) a tax, fee, or charge the commission administers under:
325		-	159
326		-	(I) this title;
327		-	160
328		-	(II) Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act;
329		-	161
330		-	(III) Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax
331		-	162
332		-	Act;
333		-	163
334		-	(IV) Section 19-6-410.5;
335		-	- 5 - H.B. 60 Enrolled Copy
336		-	164
337		-	(V) Section 19-6-714;
338		-	165
339		-	(VI) Section 19-6-805;
340		-	166
341		-	(VII) Section 34A-2-202;
342		-	167
343		-	(VIII) Section 40-6-14; or
344		-	168
345		-	(IX) Title 69, Chapter 2, Part 4, Prepaid Wireless Telecommunications Service
346		-	169
347		-	Charges; or
348		-	170
349		-	(B) another amount that by statute is subject to interest imposed under this section.
350		-	171
351		-	(ii) "Tax, fee, or charge" does not include a tax, fee, or charge imposed under:
352		-	172
353		-	(A) Title 41, Chapter 1a, Motor Vehicle Act, except for Section 41-1a-301;
354		-	173
355		-	(B) Title 41, Chapter 3, Motor Vehicle Business Regulation Act;
356		-	174
357		-	(C) Chapter 2, Property Tax Act, except for Section 59-2-1309;
358		-	175
359		-	(D) Chapter 3, Tax Equivalent Property Act;
360		-	176
361		-	(E) Chapter 4, Privilege Tax; or
362		-	177
363		-	(F) Chapter 13, Part 5, Interstate Agreements.
364		-	178
365		-	(2) Except as otherwise provided for by law, the commission shall calculate the interest rate
366		-	179
367		-	for a calendar year for a tax, fee, or charge [administered by the commission shall be
368		-	180
369		-	calculated] the commission administers based on the federal short-term rate determined
370		-	181
371		-	by the Secretary of the Treasury under Section 6621, Internal Revenue Code, in effect
372		-	182
373		-	for the preceding fourth calendar quarter.
374		-	183
375		-	(3) The interest rate calculation shall be as follows:
376		-	184
377		-	(a) except as provided in Subsection (7), in the case of an overpayment or refund, the
378		-	185
379		-	commission shall calculate simple interest [shall be calculated ]at the rate of two
380		-	186
381		-	percentage points above the federal short-term rate; or
382		-	187
383		-	(b) in the case of an underpayment, deficiency, or delinquency, the commission shall
384		-	188
385		-	calculate simple interest [shall be calculated ]at the rate of two percentage points
386		-	189
387		-	above the federal short-term rate.
388		-	190
389		-	(4) Notwithstanding Subsection (2) or (3), the commission shall determine the interest rate
390		-	191
391		-	applicable to certain installment sales for purposes of a tax under Chapter 7, Corporate
392		-	192
393		-	Franchise and Income Taxes, [shall be determined ]in accordance with Section 453A,
394		-	193
395		-	Internal Revenue Code, as provided in Section 59-7-112.
396		-	194
397		-	(5)(a) Except as provided in Subsection (5)(c), the commission may not pay interest [
398		-	195
399		-	may not be allowed ]on an overpayment of a tax, fee, or charge if the overpayment of
400		-	196
401		-	the tax, fee, or charge is refunded within:
402		-	197
403		-	(i) 45 days after the last date [prescribed] provided for filing the return:
404		-	- 6 - Enrolled Copy H.B. 60
405		-	198
406		-	(A) with respect to a tax under Chapter 7, Corporate Franchise and Income Taxes,
407		-	199
408		-	or Chapter 10, Individual Income Tax Act[,] ; and
409		-	200
410		-	(B) if the return is filed electronically; or
411		-	201
412		-	(ii) 90 days after the last date [prescribed] provided for filing the return:
413		-	202
414		-	(A) with respect to a tax, fee, or charge, except for a tax under Chapter 7,
415		-	203
416		-	Corporate Franchise and Income Taxes, or Chapter 10, Individual Income Tax
417		-	204
418		-	Act; or
419		-	205
420		-	(B) if the return is not filed electronically.
421		-	206
422		-	(b) Except as provided in Subsection (5)(c), if [the return is filed after the last date
423		-	207
424		-	prescribed] a person files a return after the last date provided for filing the return,
425		-	208
426		-	interest [may not be] is not allowed on the overpayment if the overpayment is
427		-	209
428		-	refunded within:
429		-	210
430		-	(i) 45 days after the date the return is filed:
431		-	211
432		-	(A) with respect to a tax under Chapter 7, Corporate Franchise and Income Taxes,
433		-	212
434		-	or Chapter 10, Individual Income Tax Act; and
435		-	213
436		-	(B) if the return is filed electronically; or
437		-	214
438		-	(ii) 90 days after the date the return is filed:
439		-	215
440		-	(A) with respect to a tax, fee, or charge, except for a tax under Chapter 7,
441		-	216
442		-	Corporate Franchise and Income Taxes, or Chapter 10, Individual Income Tax
443		-	217
444		-	Act; or
445		-	218
446		-	(B) if the return is not filed electronically.
447		-	219
448		-	(c)(i) Subject to Subsection [(5)(d)] (5)(c)(ii), for an amended return, the commission
449		-	220
450		-	shall pay interest on an overpayment [is allowed ]for a time period:
451		-	221
452		-	(A) that begins on the later of[:]
453		-	222
454		-	[(I)] the date the original return was filed[;] or
455		-	223
456		-	[(II)] the due date for filing the original return not including any extensions for
457		-	224
458		-	filing the original return; and
459		-	225
460		-	(B) that ends on the date the commission receives the amended return.
461		-	226
462		-	(ii)(A) For interest that accrues on or after January 1, 2026, the maximum amount
463		-	227
464		-	of interest authorized by Subsection (5)(c)(i) is $100 per calendar year.
465		-	228
466		-	(B) Subsection (5)(c)(ii)(A) does not apply to an overpayment provided to a
467		-	229
468		-	federally recognized tribe or an overpayment resulting from commission error.
469		-	230
470		-	[(ii)] (iii) For an amended return filed electronically with respect to a tax under
471		-	231
472		-	Chapter 7, Corporate Franchise and Income Taxes, or Chapter 10, Individual
473		-	- 7 - H.B. 60 Enrolled Copy
474		-	232
475		-	Income Tax Act, the commission shall pay interest on an overpayment [is allowed ]
476		-	233
477		-	if the commission does not process a refund of the overpayment within a 45-day
478		-	234
479		-	period after the date the commission receives the amended return, for a time
480		-	235
481		-	period:
482		-	236
483		-	(A) that begins 46 days after the commission receives the amended return; and
484		-	237
485		-	(B) that ends on the date that the commission completes processing the refund of
486		-	238
487		-	the overpayment.
488		-	239
489		-	[(iii)] (iv) For an amended return not filed electronically or with respect to any tax,
490		-	240
491		-	fee, or charge not described in Subsection [(5)(c)(ii)] (5)(c)(iii), the commission
492		-	241
493		-	shall pay interest on an overpayment [is allowed ]if the commission does not
494		-	242
495		-	process a refund of the overpayment within a 90-day period after the date the
496		-	243
497		-	commission receives the amended return, for a time period:
498		-	244
499		-	(A) that begins 91 days after the commission receives the amended return; and
500		-	245
501		-	(B) that ends on the date that the commission completes processing the refund of
502		-	246
503		-	the overpayment.
504		-	247
505		-	[(d)(i) This Subsection (5)(d) applies to interest on an overpayment under
506		-	248
507		-	Subsection (5)(c)(i) in which:]
508		-	249
509		-	[(A) the amount of interest accruing on the overpayment on or after January 1,
510		-	250
511		-	2025, exceeds $200 in any calendar year during the time period described in
512		-	251
513		-	Subsection (5)(c)(i); and]
514		-	252
515		-	[(B) the amount of the overpayment exceeds 30% of the taxpayer's total tax
516		-	253
517		-	liability as originally reported for the tax, fee, or charge to which the
518		-	254
519		-	overpayment applies during the time period described in Subsection (5)(c)(i).]
520		-	255
521		-	[(ii) This Subsection (5)(d) does not apply to:]
522		-	256
523		-	[(A) an overpayment provided to a federally-recognized tribe; or]
524		-	257
525		-	[(B) an overpayment resulting from commission error.]
526		-	258
527		-	[(iii) The annual interest rate imposed on an overpayment described in Subsection
528		-	259
529		-	(5)(d)(i) shall be calculated at the rate of two percentage points below the federal
530		-	260
531		-	short-term rate.]
532		-	261
533		-	[(iv) Notwithstanding Subsection (5)(d)(iii), for an overpayment described in
534		-	262
535		-	Subsection (5)(d)(i):]
536		-	263
537		-	[(A) the interest rate imposed on the overpayment shall be a rate of no less than
538		-	264
539		-	0% and no more than 3%; and]
540		-	265
541		-	[(B) the amount of interest accruing in a calendar year for an overpayment may
542		-	- 8 - Enrolled Copy H.B. 60
543		-	266
544		-	not be less than $200, unless the amount of interest that would have accrued
545		-	267
546		-	during the calendar year is less than $200 when calculated using the interest
547		-	268
548		-	rate described in Subsection (3).]
549		-	269
550		-	(6) [Interest on any underpayment, deficiency, or delinquency of a tax, fee, or charge shall
551		-	270
552		-	be computed] The commission shall compute interest on any underpayment, deficiency,
553		-	271
554		-	or delinquency of a tax, fee, or charge from the time the original return is due, excluding
555		-	272
556		-	any filing or payment extensions, to the date the payment is received.
557		-	273
558		-	(7) [Interest on a refund relating to a tax, fee, or charge may not be paid on any overpayment]
559		-	274
560		-	The commission may not pay interest on a refund relating to an overpayment of a tax,
561		-	275
562		-	fee, or charge that arises from a statute that is determined to be invalid under state or
563		-	276
564		-	federal law or declared unconstitutional under the constitution of the United States or
565		-	277
566		-	Utah if the basis for the refund is the retroactive application of a judicial decision
567		-	278
568		-	upholding the claim of unconstitutionality or the invalidation of a statute.
569		-	279
570		-	Section 5. Section 59-1-403 is amended to read:
571		-	280
572		-	59-1-403 (Effective 05/07/25). Confidentiality -- Exceptions -- Penalty --
573		-	281
574		-	Application to property tax.
575		-	282
576		-	(1) As used in this section:
577		-	283
578		-	(a) "Distributed tax, fee, or charge" means a tax, fee, or charge:
579		-	284
580		-	(i) the commission administers under:
581		-	285
582		-	(A) this title, other than a tax under Chapter 12, Part 2, Local Sales and Use Tax
583		-	286
584		-	Act;
585		-	287
586		-	(B) Title 10, Chapter 1, Part 3, Municipal Energy Sales and Use Tax Act;
587		-	288
588		-	(C) Title 10, Chapter 1, Part 4, Municipal Telecommunications License Tax Act;
589		-	289
590		-	(D) Section 19-6-805;
591		-	290
592		-	(E) Section 63H-1-205; or
593		-	291
594		-	(F) Title 69, Chapter 2, Part 4, Prepaid Wireless Telecommunications Service
595		-	292
596		-	Charges; and
597		-	293
598		-	(ii) with respect to which the commission distributes the revenue collected from the
599		-	294
600		-	tax, fee, or charge to a qualifying jurisdiction.
601		-	295
602		-	(b) "Qualifying jurisdiction" means:
603		-	296
604		-	(i) a county, city, or town;
605		-	297
606		-	(ii) the military installation development authority created in Section 63H-1-201; or
607		-	298
608		-	(iii) the Utah Inland Port Authority created in Section 11-58-201.
609		-	299
610		-	(2)(a) Any of the following may not divulge or make known in any manner any
611		-	- 9 - H.B. 60 Enrolled Copy
612		-	300
613		-	information gained by that person from any return filed with the commission:
614		-	301
615		-	(i) a tax commissioner;
616		-	302
617		-	(ii) an agent, clerk, or other officer or employee of the commission; or
618		-	303
619		-	(iii) a representative, agent, clerk, or other officer or employee of any county, city, or
620		-	304
621		-	town.
622		-	305
623		-	(b) An official charged with the custody of a return filed with the commission is not
624		-	306
625		-	required to produce the return or evidence of anything contained in the return in any
626		-	307
627		-	action or proceeding in any court, except:
628		-	308
629		-	(i) in accordance with judicial order;
630		-	309
631		-	(ii) on behalf of the commission in any action or proceeding under:
632		-	310
633		-	(A) this title; or
634		-	311
635		-	(B) other law under which persons are required to file returns with the
636	640		312
637		-	commission;
	641	+	(iii) on behalf of the commission in any action or proceeding to which the
638	642		313
639		-	~~(iii) on behalf of the~~ commission ~~in any action~~ or ~~proceeding to which the~~
	643	+	commission is a party; or
640	644		314
641		-	~~commission is a~~ party; or
	645	+	(iv) on behalf of any party to any action or proceeding under this title if the report or
642	646		315
643		-	~~(iv) on behalf of any party to any~~ action or proceeding ~~under this title if the report or~~
	647	+	facts shown by the return are directly involved in the action or proceeding.
644	648		316
645		-	~~facts shown by~~ the ~~return are directly involved in the action or proceeding.~~
	649	+	(c) Notwithstanding Subsection (2)(b), a court may require the production of, and may
646	650		317
647		-	~~(c) Notwithstanding Subsection (2)(b),~~ a ~~court may require~~ the ~~production of~~, ~~and may~~
	651	+	admit in evidence, any portion of a return or of the facts shown by the return, as are
648	652		318
649		-	~~admit in evidence,~~ ~~any portion of a return~~ or ~~of the facts shown by the return, as are~~
	653	+	specifically pertinent to the action or proceeding.
650	654		319
651		-	~~specifically pertinent to the action or proceeding.~~
	655	+	(3) This section does not prohibit:
652	656		320
653		-	(3) ~~This section does not prohibit:~~
	657	+	(a) a person or that person's duly authorized representative from receiving a copy of any
654	658		321
655		-	~~(a) a person~~ or that person's ~~duly authorized representative from receiving a copy of any~~
	659	+	return or report filed in connection with that person's own tax;
656	660		322
657		-	~~return or report filed in connection with that person's own tax;~~
	661	+	(b) the publication of statistics as long as the statistics are classified to prevent the
658	662		323
659		-	~~(b) the publication~~ of ~~statistics as long as the statistics are classified to prevent the~~
	663	+	identification of particular reports or returns; and
660	664		324
661		-	~~identification~~ of ~~particular reports or returns; and~~
	665	+	(c) the inspection by the attorney general or other legal representative of the state of the
662	666		325
663		-	~~(c) the inspection by the attorney general~~ or ~~other legal representative~~ of ~~the state of the~~
	667	+	report or return of any taxpayer:
664	668		326
665		-	report or return ~~of any taxpayer:~~
	669	+	(i) who brings action to set aside or review a tax based on the report or return;
666	670		327
667		-	(i) ~~who brings~~ action ~~to set aside~~ or ~~review a tax based on the report or return;~~
	671	+	(ii) against whom an action or proceeding is contemplated or has been instituted
668	672		328
669		-	~~(ii) against whom an action~~ or ~~proceeding is contemplated or has been instituted~~
	673	+	under this title; or
670	674		329
671		-	~~under this title;~~ or
	675	+	(iii) against whom the state has an unsatisfied money judgment.
672	676		330
673		-	(~~iii~~) ~~against whom~~ the ~~state has an unsatisfied money judgment.~~
	677	+	(4)(a) Notwithstanding Subsection (2) and for purposes of administration, the
674	678		331
675		-	~~(4)(a) Notwithstanding Subsection (2) and for purposes of administration~~, ~~the~~
	679	+	commission may by rule, made in accordance with Title 63G, Chapter 3, Utah
676	680		332
677		-	~~commission may by rule~~, ~~made in accordance with Title 63G,~~ ~~Chapter 3, Utah~~
	681	+	Administrative Rulemaking Act, provide for a reciprocal exchange of information
678	682		333
679		-	~~Administrative Rulemaking Act, provide for a reciprocal exchange of information~~
680		-	- 10 - ~~Enrolled Copy~~ H.B. 60
	683	+	with:
	684	+	- 10 - 03-04 08:09 4th Sub. (Green) H.B. 60
681	685		334
682		-	~~with:~~
	686	+	(i) the United States Internal Revenue Service; or
683	687		335
684		-	(i) the ~~United States Internal~~ Revenue Service~~; or~~
	688	+	(ii) the revenue service of any other state.
685	689		336
686		-	(ii) ~~the revenue service of any other state.~~
	690	+	(b) Notwithstanding Subsection (2) and for all taxes except individual income tax and
687	691		337
688		-	~~(b) Notwithstanding Subsection (2) and for all taxes except individual income~~ tax ~~and~~
	692	+	corporate franchise tax, the commission may by rule, made in accordance with Title
689	693		338
690		-	~~corporate franchise tax~~, ~~the commission may by rule~~, ~~made in accordance with Title~~
	694	+	63G, Chapter 3, Utah Administrative Rulemaking Act, share information gathered
691	695		339
692		-	~~63G~~, ~~Chapter 3, Utah Administrative Rulemaking Act, share information gathered~~
	696	+	from returns and other written statements with the federal government, any other
693	697		340
694		-	~~from returns and other written statements with the federal government~~, any ~~other~~
	698	+	state, any of the political subdivisions of another state, or any political subdivision of
695	699		341
696		-	state, ~~any of~~ the political ~~subdivisions of another state, or any political subdivision of~~
	700	+	this state, except as limited by Sections 59-12-209 and 59-12-210, if the political
697	701		342
698		-	~~this~~ state, ~~except as limited by Sections 59-12-209 and 59-12-210, if~~ the ~~political~~
	702	+	subdivision, other state, or the federal government grant substantially similar
699	703		343
700		-	~~subdivision, other~~ state~~, or the federal government grant substantially similar~~
	704	+	privileges to this state.
701	705		344
702		-	~~privileges to this state.~~
	706	+	(c) Notwithstanding Subsection (2) and for all taxes except individual income tax and
703	707		345
704		-	~~(c) Notwithstanding Subsection (2) and for all taxes except individual income~~ tax ~~and~~
	708	+	corporate franchise tax, the commission may by rule, in accordance with Title 63G,
705	709		346
706		-	~~corporate franchise tax~~, the ~~commission may by rule, in accordance with Title 63G,~~
	710	+	Chapter 3, Utah Administrative Rulemaking Act, provide for the issuance of
707	711		347
708		-	~~Chapter 3, Utah Administrative Rulemaking Act, provide for~~ the ~~issuance~~ of
	712	+	information concerning the identity and other information of taxpayers who have
709	713		348
710		-	~~information concerning the identity and other information of taxpayers who have~~
	714	+	failed to file tax returns or to pay any tax due.
711	715		349
712		-	~~failed~~ to ~~file tax returns or to pay any tax due.~~
	716	+	(d) Notwithstanding Subsection (2), the commission shall provide to the director of the
713	717		350
714		-	~~(d) Notwithstanding Subsection (2), the commission shall provide to the director~~ of ~~the~~
	718	+	Division of Environmental Response and Remediation, as defined in Section
715	719		351
716		-	Division of Environmental Response ~~and Remediation, as defined in Section~~
	720	+	19-6-402, as requested by the director of the Division of Environmental Response
717	721		352
718		-	~~19-6-402~~, ~~as requested by~~ the ~~director of the Division of Environmental Response~~
	722	+	and Remediation, any records, returns, or other information filed with the
719	723		353
720		-	and ~~Remediation, any records,~~ ~~returns~~, or ~~other information filed with the~~
	724	+	commission under Chapter 13, Motor and Special Fuel Tax Act, or Section
721	725		354
722		-	~~commission under Chapter 13,~~ ~~Motor and Special Fuel Tax Act, or Section~~
	726	+	19-6-410.5 regarding the environmental assurance program participation fee.
723	727		355
724		-	~~19-6-410.5 regarding~~ the ~~environmental assurance program participation fee.~~
	728	+	(e) Notwithstanding Subsection (2), at the request of any person the commission shall
725	729		356
726		-	~~(e) Notwithstanding Subsection (2), at the request of any~~ person the commission ~~shall~~
	730	+	provide that person sales and purchase volume data reported to the commission on a
727	731		357
728		-	~~provide that person sales and purchase volume data reported to~~ the commission ~~on a~~
	732	+	report, return, or other information filed with the commission under:
729	733		358
730		-	~~report~~, ~~return~~, or ~~other information filed with the commission under:~~
	734	+	(i) Chapter 13, Part 2, Motor Fuel; or
731	735		359
732		-	(i) Chapter 13, Part 2, ~~Motor~~ Fuel~~; or~~
	736	+	(ii) Chapter 13, Part 4, Aviation Fuel.
733	737		360
734		-	(ii) ~~Chapter 13~~, ~~Part 4~~, ~~Aviation Fuel.~~
	738	+	(f) Notwithstanding Subsection (2), upon request from a tobacco product manufacturer,
735	739		361
736		-	~~(f) Notwithstanding Subsection (2)~~, ~~upon request from a tobacco product~~ manufacturer,
	740	+	as defined in Section 59-22-202, the commission shall report to the manufacturer:
737	741		362
738		-	as defined in Section 59-22-202, ~~the commission shall report to~~ the ~~manufacturer:~~
	742	+	(i) the quantity of cigarettes, as defined in Section 59-22-202, produced by the
739	743		363
740		-	~~(i)~~ the ~~quantity of cigarettes, as defined in Section 59-22-202, produced by~~ the
	744	+	manufacturer and reported to the commission for the previous calendar year under
741	745		364
742		-	~~manufacturer~~ and ~~reported to the commission for the previous calendar year under~~
	746	+	Section 59-14-407; and
743	747		365
744		-	Section 59-~~14-407;~~ ~~and~~
	748	+	(ii) the quantity of cigarettes, as defined in Section 59-22-202, produced by the
745	749		366
746		-	~~(ii)~~ the ~~quantity of cigarettes, as defined in Section 59-22-202, produced by the~~
	750	+	manufacturer for which a tax refund was granted during the previous calendar
747	751		367
748		-	~~manufacturer for which a tax refund was granted during~~ the ~~previous calendar~~
749		-	- 11 - H.B. 60 ~~Enrolled Copy~~
	752	+	year under Section 59-14-401 and reported to the commission under Subsection
	753	+	- 11 - 4th Sub. (Green) H.B. 60 03-04 08:09
750	754		368
751		-	~~year under Section~~ 59-14-401 ~~and reported to the commission under Subsection~~
	755	+	59-14-401(1)(a)(v).
752	756		369
753		-	~~59-14-401~~(1)(a)~~(v).~~
	757	+	(g) Notwithstanding Subsection (2), the commission shall notify manufacturers,
754	758		370
755		-	~~(g) Notwithstanding Subsection (2)~~, ~~the commission shall notify manufacturers,~~
	759	+	distributors, wholesalers, and retail dealers of a tobacco product manufacturer that is
756	760		371
757		-	~~distributors, wholesalers,~~ ~~and retail dealers of a tobacco product manufacturer that is~~
	761	+	prohibited from selling cigarettes to consumers within the state under Subsection
758	762		372
759		-	~~prohibited from selling cigarettes to consumers within the state under Subsection~~
	763	+	59-14-210(2).
760	764		373
761		-	~~59-14-210~~(2).
	765	+	(h) Notwithstanding Subsection (2), the commission may:
762	766		374
763		-	(h) ~~Notwithstanding Subsection (2),~~ the ~~commission may:~~
	767	+	(i) provide to the Division of Consumer Protection within the Department of
764	768		375
765		-	~~(i) provide to~~ the ~~Division of Consumer Protection within the Department of~~
	769	+	Commerce and the attorney general data:
766	770		376
767		-	~~Commerce and~~ the ~~attorney general data:~~
	771	+	(A) reported to the commission under Section 59-14-212; or
768	772		377
769		-	(A) ~~reported~~ to ~~the commission~~ under Section 59-14-~~212~~; or
	773	+	(B) related to a violation under Section 59-14-211; and
770	774		378
771		-	(B) ~~related~~ to ~~a violation~~ under ~~Section 59-14-211; and~~
	775	+	(ii) upon request, provide to any person data reported to the commission under
772	776		379
773		-	(ii) ~~upon request,~~ ~~provide to any person data reported to the commission under~~
	777	+	Subsections 59-14-212(1)(a) through (c) and Subsection 59-14-212(1)(g).
774	778		380
775		-	~~Subsections 59-14-212~~(~~1)(a~~) ~~through (c) and~~ Subsection ~~59-14-212~~(1)~~(g).~~
	779	+	(i) Notwithstanding Subsection (2), the commission shall, at the request of a committee
776	780		381
777		-	~~(i) Notwithstanding Subsection (2)~~, the ~~commission shall, at~~ the ~~request of a committee~~
	781	+	of the Legislature, the Office of the Legislative Fiscal Analyst, or the Governor's
778	782		382
779		-	~~of the Legislature, the~~ Office of the ~~Legislative Fiscal Analyst,~~ or the ~~Governor's~~
	783	+	Office of Planning and Budget, provide to the committee or office the total amount of [
780	784		383
781		-	~~Office of Planning and Budget, provide to~~ the ~~committee or office the total amount of [~~
	785	+	revenues] revenue collected by the commission under Chapter 24, Radioactive Waste
782	786		384
783		-	~~revenues] revenue collected~~ by the ~~commission under Chapter 24, Radioactive Waste~~
	787	+	Facility Tax Act, for the time period specified by the committee or office.
784	788		385
785		-	~~Facility Tax Act~~, ~~for~~ the ~~time period specified by~~ the ~~committee or office.~~
	789	+	(j) Notwithstanding Subsection (2), the commission shall make the directory required by
786	790		386
787		-	~~(j) Notwithstanding Subsection (2), the commission shall make the directory required by~~
	791	+	Section 59-14-603 available for public inspection.
788	792		387
789		-	~~Section 59-14-603 available for public inspection.~~
	793	+	(k) Notwithstanding Subsection (2), the commission may share information with federal,
790	794		388
791		-	~~(k) Notwithstanding~~ Subsection (2)~~, the commission may share information with federal,~~
	795	+	state, or local agencies as provided in Subsection 59-14-606(3).
792	796		389
793		-	~~state, or local agencies as provided in~~ Subsection ~~59-14-606~~(3).
	797	+	(l)(i) Notwithstanding Subsection (2), the commission shall provide the Office of
794	798		390
795		-	~~(l)(i) Notwithstanding Subsection (2),~~ the ~~commission shall provide the Office~~ of
	799	+	Recovery Services within the Department of Health and Human Services any
796	800		391
797		-	~~Recovery Services within the Department of Health and Human Services any~~
	801	+	relevant information obtained from a return filed under Chapter 10, Individual
798	802		392
799		-	~~relevant information obtained from~~ a ~~return filed under Chapter 10,~~ ~~Individual~~
	803	+	Income Tax Act, regarding a taxpayer who has become obligated to the Office of
800	804		393
801		-	~~Income Tax Act, regarding a taxpayer who has become obligated to the Office of~~
	805	+	Recovery Services.
802	806		394
803		-	~~Recovery Services.~~
	807	+	(ii) The information described in Subsection (4)(l)(i) may be provided by the Office
804	808		395
805		-	~~(ii) The information described in Subsection (4)(l)(i) may be provided by the Office~~
	809	+	of Recovery Services to any other state's child support collection agency involved
806	810		396
807		-	~~of Recovery Services to any other state's child~~ support ~~collection agency involved~~
	811	+	in enforcing that support obligation.
808	812		397
809		-	~~in enforcing that support obligation.~~
	813	+	(m)(i) Notwithstanding Subsection (2), upon request from the state court
810	814		398
811		-	~~(m)(i) Notwithstanding Subsection (2)~~, ~~upon request from~~ the state court
	815	+	administrator, the commission shall provide to the state court administrator, the
812	816		399
813		-	~~administrator~~, ~~the commission shall provide to the state court administrator~~, ~~the~~
	817	+	name, address, telephone number, county of residence, and social security number
814	818		400
815		-	~~name~~, ~~address, telephone number,~~ ~~county of residence, and social security number~~
	819	+	on resident returns filed under Chapter 10, Individual Income Tax Act.
816	820		401
817		-	~~on resident returns filed under Chapter 10,~~ ~~Individual Income Tax Act.~~
818		-	- 12 - ~~Enrolled Copy~~ H.B. 60
	821	+	(ii) The state court administrator may use the information described in Subsection
	822	+	- 12 - 03-04 08:09 4th Sub. (Green) H.B. 60
819	823		402
820		-	(ii) The ~~state court administrator may use the information~~ described in ~~Subsection~~
	824	+	(4)(m)(i) only as a source list for the master jury list described in Section
821	825		403
822		-	~~(4)(m)(i) only as a source list for the master jury list described in Section~~
	826	+	78B-1-106.
823	827		404
824		-	~~78B-1-106.~~
	828	+	(n)(i) As used in this Subsection (4)(n):
825	829		405
826		-	(~~n)(i~~) ~~As used~~ in ~~this Subsection (4)(n):~~
	830	+	(A) "GOEO" means the Governor's Office of Economic Opportunity created in
827	831		406
828		-	~~(A) "GOEO" means the Governor's Office of Economic Opportunity created in~~
	832	+	Section 63N-1a-301.
829	833		407
830		-	~~Section 63N-1a-301.~~
	834	+	(B) "Income tax information" means information gained by the commission that is
831	835		408
832		-	~~(B) "Income~~ ~~tax information"~~ ~~means information gained by~~ the commission ~~that is~~
	836	+	required to be attached to or included in a return filed with the commission
833	837		409
	838	+	under Chapter 7, Corporate Franchise and Income Taxes, or Chapter 10,
	839	+	410
	840	+	Individual Income Tax Act.
	841	+	411
	842	+	(C) "Other tax information" means information gained by the commission that is
	843	+	412
834	844		required to be attached to or included in a return filed with the commission
835		-	410
836		-	under Chapter 7, Corporate Franchise and Income Taxes, or Chapter 10,
837		-	411
838		-	Individual Income Tax Act.
839		-	412
840		-	(C) "Other tax information" means information gained by the commission that is
841	845		413
842		-	~~required to be attached to or included in~~ a return filed ~~with the commission~~
	846	+	except for a return filed under Chapter 7, Corporate Franchise and Income
843	847		414
844		-	~~except for a return filed under~~ Chapter 7, ~~Corporate Franchise and~~ Income
	848	+	Taxes, or Chapter 10, Individual Income Tax Act.
845	849		415
846		-	~~Taxes, or Chapter 10, Individual~~ Income Tax ~~Act~~.
	850	+	(D) "Tax information" means income tax information or other tax information.
847	851		416
848		-	(D) ~~"Tax information"~~ ~~means income tax information or other tax information.~~
	852	+	(ii)(A) Notwithstanding Subsection (2) and except as provided in Subsection
849	853		417
850		-	(ii)(A) ~~Notwithstanding Subsection~~ (2) ~~and except as provided in Subsection~~
	854	+	(4)(n)(ii)(B) or (C), the commission shall at the request of GOEO provide to
851	855		418
852		-	~~(4)(n)(ii)(B) or (C), the commission shall at the request of~~ GOEO ~~provide to~~
	856	+	GOEO all income tax information.
853	857		419
854		-	~~GOEO all~~ income tax information.
	858	+	(B) For purposes of a request for income tax information made under Subsection
855	859		420
856		-	(B) ~~For purposes of a~~ request ~~for income tax information made under Subsection~~
	860	+	(4)(n)(ii)(A), GOEO may not request and the commission may not provide to
857	861		421
858		-	~~(4)(n)(ii)(~~A), ~~GOEO may not request and the commission may not provide to~~
	862	+	GOEO a person's address, name, social security number, or taxpayer
859	863		422
860		-	~~GOEO a person's address, name, social security~~ number~~, or taxpayer~~
	864	+	identification number.
861	865		423
862		-	~~identification number.~~
	866	+	(C) In providing income tax information to GOEO, the commission shall in all
863	867		424
864		-	~~(C) In providing income tax information to GOEO,~~ the ~~commission shall in all~~
	868	+	instances protect the privacy of a person as required by Subsection (4)(n)(ii)(B).
865	869		425
866		-	~~instances protect the privacy of a person as required by~~ Subsection (4)~~(n)(ii)(B).~~
	870	+	(iii)(A) Notwithstanding Subsection (2) and except as provided in Subsection
867	871		426
868		-	(iii)(A) ~~Notwithstanding Subsection (2) and except as provided in Subsection~~
	872	+	(4)(n)(iii)(B), the commission shall at the request of GOEO provide to GOEO
869	873		427
870		-	~~(4)(n)(iii)(B), the commission shall at the request of GOEO provide to GOEO~~
	874	+	other tax information.
871	875		428
872		-	other tax information.
	876	+	(B) Before providing other tax information to GOEO, the commission shall redact
873	877		429
874		-	~~(B) Before providing other tax information to GOEO~~, ~~the commission shall redact~~
	878	+	or remove any name, address, social security number, or taxpayer identification
875	879		430
876		-	~~or remove any name, address, social security~~ number~~, or taxpayer identification~~
	880	+	number.
877	881		431
878		-	~~number.~~
	882	+	(iv) GOEO may provide tax information received from the commission in accordance
879	883		432
880		-	(iv) ~~GOEO may provide tax information received from the commission in accordance~~
	884	+	with this Subsection (4)(n) only:
881	885		433
882		-	~~with this Subsection~~ (~~4)(n~~) ~~only:~~
	886	+	(A) as a fiscal estimate, fiscal note information, or statistical information; and
883	887		434
884		-	(A) as a ~~fiscal estimate, fiscal note information, or statistical information; and~~
	888	+	(B) if the tax information is classified to prevent the identification of a particular
885	889		435
886		-	~~(B) if the tax information is classified to prevent the identification of a particular~~
887		-	- 13 - H.B. 60 ~~Enrolled Copy~~
	890	+	return.
	891	+	- 13 - 4th Sub. (Green) H.B. 60 03-04 08:09
888	892		436
889		-	~~return.~~
	893	+	(v)(A) A person may not request tax information from GOEO under Title 63G,
890	894		437
891		-	~~(v)(A) A person may not request tax information from GOEO under Title 63G~~,
	895	+	Chapter 2, Government Records Access and Management Act, or this section,
892	896		438
893		-	~~Chapter 2,~~ ~~Government Records Access and Management Act,~~ ~~or this section,~~
	897	+	if GOEO received the tax information from the commission in accordance with
894	898		439
895		-	~~if GOEO received the tax information from the commission in accordance with~~
	899	+	this Subsection (4)(n).
896	900		440
897		-	~~this Subsection (4)(n).~~
	901	+	(B) GOEO may not provide to a person that requests tax information in
898	902		441
899		-	(B) ~~GOEO may not provide to a person that requests~~ tax information in
	903	+	accordance with Subsection (4)(n)(v)(A) any tax information other than the tax
900	904		442
901		-	accordance with Subsection (4)(n)(v)~~(A) any tax information other than the tax~~
	905	+	information GOEO provides in accordance with Subsection (4)(n)(iv).
902	906		443
903		-	~~information GOEO provides in accordance with~~ Subsection (4)~~(n)(iv).~~
	907	+	(o) Notwithstanding Subsection (2), the commission may provide to the governing board
904	908		444
905		-	~~(o) Notwithstanding Subsection (2)~~, the ~~commission may provide to~~ the ~~governing board~~
	909	+	of the agreement or a taxing official of another state, the District of Columbia, the
906	910		445
907		-	~~of the agreement~~ or a ~~taxing official~~ of ~~another state,~~ the ~~District of Columbia, the~~
	911	+	United States, or a territory of the United States:
908	912		446
909		-	~~United States, or a territory of~~ the ~~United States~~:
	913	+	(i) the following relating to an agreement sales and use tax:
910	914		447
911		-	(i) the ~~following relating to an agreement sales and use tax:~~
	915	+	(A) information contained in a return filed with the commission;
912	916		448
913		-	(A) information contained in a ~~return~~ filed with the commission;
	917	+	(B) information contained in a report filed with the commission;
914	918		449
915		-	(B) ~~information contained in a report filed with the commission;~~
	919	+	(C) a schedule related to Subsection (4)(o)(i)(A) or (B); or
916	920		450
917		-	(C) a ~~schedule related to Subsection (4)(o)(i)(A) or (B)~~; or
	921	+	(D) a document filed with the commission; or
918	922		451
919		-	(D) a ~~document filed~~ with ~~the commission;~~ or
	923	+	(ii) a report of an audit or investigation made with respect to an agreement sales and
920	924		452
921		-	~~(ii) a report of an audit or investigation made with respect to an agreement sales and~~
	925	+	use tax.
922	926		453
923		-	~~use tax.~~
	927	+	(p) Notwithstanding Subsection (2), the commission may provide information
924	928		454
925		-	~~(p) Notwithstanding Subsection (2), the commission may provide information~~
	929	+	concerning a taxpayer's state income tax return or state income tax withholding
926	930		455
927		-	~~concerning a taxpayer's state income tax return or state income tax withholding~~
	931	+	information to the Driver License Division if the Driver License Division:
928	932		456
929		-	~~information to~~ the ~~Driver License Division if the Driver License Division:~~
	933	+	(i) requests the information; and
930	934		457
931		-	(i) ~~requests~~ the ~~information; and~~
	935	+	(ii) provides the commission with a signed release form from the taxpayer allowing
932	936		458
933		-	~~(ii) provides~~ the ~~commission with a signed release form from the taxpayer allowing~~
	937	+	the Driver License Division access to the information.
934	938		459
935		-	the ~~Driver License Division access~~ to the ~~information.~~
	939	+	(q) Notwithstanding Subsection (2), the commission shall provide to the Utah
936	940		460
937		-	~~(q) Notwithstanding Subsection (2)~~, ~~the commission shall provide to~~ the Utah
	941	+	Communications Authority, or a division of the Utah Communications Authority, the
938	942		461
939		-	~~Communications Authority,~~ ~~or a division of~~ the ~~Utah Communications Authority~~, ~~the~~
	943	+	information requested by the authority under Sections 63H-7a-302, 63H-7a-402, and
940	944		462
941		-	~~information requested by the authority under Sections~~ 63H-7a-~~302, 63H-7a-402, and~~
	945	+	63H-7a-502.
942	946		463
943		-	~~63H-7a-502.~~
	947	+	(r) Notwithstanding Subsection (2), the commission shall provide to the Utah
944	948		464
945		-	~~(r) Notwithstanding Subsection (2), the commission shall provide~~ to ~~the Utah~~
	949	+	Educational Savings Plan information related to a resident or nonresident individual's
946	950		465
947		-	Educational Savings Plan ~~information related to a resident or nonresident individual's~~
	951	+	contribution to a Utah Educational Savings Plan account as designated on the
948	952		466
949		-	~~contribution to a Utah Educational Savings Plan account~~ as ~~designated on the~~
	953	+	resident or nonresident's individual income tax return as provided under Section
950	954		467
951		-	~~resident or nonresident's individual income tax return as provided under Section~~
	955	+	59-10-1313.
952	956		468
953		-	~~59-10-1313.~~
	957	+	(s) Notwithstanding Subsection (2), for the purpose of verifying eligibility under
954	958		469
955		-	~~(s) Notwithstanding Subsection (2)~~, ~~for~~ the ~~purpose of verifying~~ eligibility ~~under~~
956		-	- 14 - ~~Enrolled Copy~~ H.B. 60
	959	+	Sections 26B-3-106 and 26B-3-903, the commission shall provide an eligibility
	960	+	- 14 - 03-04 08:09 4th Sub. (Green) H.B. 60
957	961		470
958		-	~~Sections 26B-3-106~~ and ~~26B-3-903,~~ the ~~commission shall provide an eligibility~~
	962	+	worker with the Department of Health and Human Services or its designee with the
959	963		471
960		-	~~worker with the Department~~ of ~~Health and Human Services or its designee with the~~
	964	+	adjusted gross income of an individual if:
961	965		472
962		-	~~adjusted gross income~~ of ~~an individual if:~~
	966	+	(i) an eligibility worker with the Department of Health and Human Services or its
963	967		473
964		-	~~(i) an eligibility worker with~~ the ~~Department of Health~~ and ~~Human Services or its~~
	968	+	designee requests the information from the commission; and
965	969		474
966		-	~~designee requests~~ the ~~information from~~ the ~~commission;~~ and
	970	+	(ii) the eligibility worker has complied with the identity verification and consent
967	971		475
968		-	~~(ii) the eligibility worker has complied with the identity verification~~ and ~~consent~~
	972	+	provisions of Sections 26B-3-106 and 26B-3-903.
969	973		476
970		-	~~provisions of Sections 26B-3-106 and 26B-3-903.~~
	974	+	(t) Notwithstanding Subsection (2), the commission may provide to a county, as
971	975		477
972		-	~~(t) Notwithstanding Subsection (2),~~ the commission ~~may provide to a county~~, as
	976	+	determined by the commission, information declared on an individual income tax
973	977		478
974		-	~~determined by the commission,~~ ~~information declared on an individual income tax~~
	978	+	return in accordance with Section 59-10-103.1 that relates to eligibility to claim a
975	979		479
976		-	~~return in accordance with~~ Section 59-10-103.~~1 that relates to eligibility to claim a~~
	980	+	residential exemption authorized under Section 59-2-103.
977	981		480
978		-	~~residential exemption authorized under Section 59-2-103.~~
	982	+	(u) Notwithstanding Subsection (2), the commission shall provide a report regarding any
979	983		481
980		-	~~(u) Notwithstanding Subsection (2),~~ the commission ~~shall provide a report regarding any~~
	984	+	access line provider that is over 90 days delinquent in payment to the commission of
981	985		482
982		-	access line provider ~~that is over 90 days delinquent in payment to the commission of~~
	986	+	amounts the access line provider owes under Title 69, Chapter 2, Part 4, Prepaid
983	987		483
984		-	~~amounts~~ the ~~access line provider owes under Title 69, Chapter 2, Part 4, Prepaid~~
	988	+	Wireless Telecommunications Service Charges, to the board of the Utah
985	989		484
986		-	~~Wireless Telecommunications Service Charges,~~ ~~to the board of the Utah~~
	990	+	Communications Authority created in Section 63H-7a-201.
987	991		485
988		-	~~Communications Authority created in Section 63H-7a-201.~~
	992	+	(v) Notwithstanding Subsection (2), the commission shall provide the Department of
989	993		486
990		-	~~(v) Notwithstanding Subsection (2),~~ the ~~commission shall provide the Department~~ of
	994	+	Environmental Quality a report on the amount of tax paid by a radioactive waste
991	995		487
992		-	~~Environmental Quality a report on~~ the ~~amount of tax paid by a radioactive waste~~
	996	+	facility for the previous calendar year under Section 59-24-103.5.
993	997		488
994		-	~~facility for~~ the ~~previous calendar year under Section 59-24-103.5.~~
	998	+	(w) Notwithstanding Subsection (2), the commission may, upon request, provide to the
995	999		489
996		-	~~(w) Notwithstanding Subsection (2)~~, ~~the commission may, upon request, provide to the~~
	1000	+	Department of Workforce Services any information received under Chapter 10, Part
997	1001		490
998		-	Department of Workforce ~~Services any information received under Chapter 10, Part~~
	1002	+	4, Withholding of Tax, that is relevant to the duties of the Department of Workforce
999	1003		491
1000		-	~~4, Withholding of Tax, that is relevant to the duties of the Department of Workforce~~
	1004	+	Services.
1001	1005		492
1002		-	~~Services.~~
	1006	+	(x) Notwithstanding Subsection (2), the commission may provide the Public Service
1003	1007		493
1004		-	~~(x) Notwithstanding Subsection (2),~~ the ~~commission may provide the~~ Public ~~Service~~
	1008	+	Commission or the Division of Public Utilities information related to a seller that
1005	1009		494
1006		-	~~Commission or~~ the ~~Division of Public Utilities information related to~~ a ~~seller that~~
	1010	+	collects and remits to the commission a charge described in Subsection 69-2-405(2),
1007	1011		495
1008		-	~~collects~~ and ~~remits to~~ the ~~commission a charge~~ described in Subsection ~~69-2-405(2),~~
	1012	+	including the seller's identity and the number of charges described in Subsection
1009	1013		496
1010		-	~~including~~ the seller~~'s identity and the number of charges described in Subsection~~
	1014	+	69-2-405(2) that the seller collects.
1011	1015		497
1012		-	~~69-2-405~~(2) ~~that~~ the ~~seller collects.~~
	1016	+	(y)(i) Notwithstanding Subsection (2), the commission shall provide to each
1013	1017		498
1014		-	~~(y)(i) Notwithstanding Subsection (2),~~ the ~~commission shall provide~~ to ~~each~~
	1018	+	qualifying jurisdiction the collection data necessary to verify the revenue collected
1015	1019		499
1016		-	~~qualifying jurisdiction~~ the ~~collection data necessary to verify~~ the ~~revenue collected~~
	1020	+	by the commission for a distributed tax, fee, or charge collected within the
1017	1021		500
1018		-	~~by the commission for a distributed tax, fee, or charge collected within the~~
	1022	+	qualifying jurisdiction.
1019	1023		501
	1024	+	(ii) In addition to the information provided under Subsection (4)(y)(i), the
	1025	+	502
	1026	+	commission shall provide a qualifying jurisdiction with copies of returns and other
	1027	+	503
	1028	+	information relating to a distributed tax, fee, or charge collected within the
	1029	+	- 15 - 4th Sub. (Green) H.B. 60 03-04 08:09
	1030	+	504
1020	1031		qualifying jurisdiction.
1021		-	502
1022		-	(ii) In addition to the information provided under Subsection (4)(y)(i), the
1023		-	503
1024		-	commission shall provide a qualifying jurisdiction with copies of returns and other
1025		-	- 15 - H.B. 60 Enrolled Copy
1026		-	504
1027		-	information relating to a distributed tax, fee, or charge collected within the
1028	1032		505
1029		-	~~qualifying jurisdiction.~~
	1033	+	(iii)(A) To obtain the information described in Subsection (4)(y)(ii), the chief
1030	1034		506
1031		-	~~(iii)(A) To obtain the information described in Subsection (4)(y)(ii),~~ the chief
	1035	+	executive officer or the chief executive officer's designee of the qualifying
1032	1036		507
1033		-	~~executive officer or~~ the ~~chief executive officer's designee of~~ the ~~qualifying~~
	1037	+	jurisdiction shall submit a written request to the commission that states the
1034	1038		508
1035		-	jurisdiction ~~shall submit a written request~~ to ~~the commission that states the~~
	1039	+	specific information sought and how the qualifying jurisdiction intends to use
1036	1040		509
1037		-	~~specific~~ information ~~sought and how the qualifying jurisdiction intends to use~~
	1041	+	the information.
1038	1042		510
1039		-	the information.
	1043	+	(B) The information described in Subsection (4)(y)(ii) is available only in official
1040	1044		511
1041		-	~~(B)~~ The ~~information described in Subsection (4)(y)(ii) is available only in official~~
	1045	+	matters of the qualifying jurisdiction.
1042	1046		512
1043		-	~~matters of the~~ qualifying jurisdiction.
	1047	+	(iv) Information that a qualifying jurisdiction receives in response to a request under
1044	1048		513
1045		-	~~(iv) Information that a qualifying jurisdiction receives in response to a request under~~
	1049	+	this subsection is:
1046	1050		514
1047		-	~~this subsection is:~~
	1051	+	(A) classified as a private record under Title 63G, Chapter 2, Government Records
1048	1052		515
1049		-	~~(A) classified as a private record under Title 63G, Chapter 2, Government Records~~
	1053	+	Access and Management Act; and
1050	1054		516
1051		-	~~Access and Management Act;~~ ~~and~~
	1055	+	(B) subject to the confidentiality requirements of this section.
1052	1056		517
1053		-	(B) ~~subject to~~ the ~~confidentiality requirements of this section.~~
	1057	+	(z) Notwithstanding Subsection (2), the commission shall provide the Alcoholic
1054	1058		518
1055		-	~~(z) Notwithstanding Subsection (2)~~, ~~the commission shall provide the Alcoholic~~
	1059	+	Beverage Services Commission, upon request, with taxpayer status information
1056	1060		519
1057		-	~~Beverage Services Commission,~~ ~~upon request,~~ with ~~taxpayer status information~~
	1061	+	related to state tax obligations necessary to comply with the requirements described
1058	1062		520
1059		-	~~related to state tax obligations necessary to comply with the requirements described~~
	1063	+	in Section 32B-1-203.
1060	1064		521
1061		-	~~in Section 32B-1-203.~~
	1065	+	(aa) Notwithstanding Subsection (2), the commission shall inform the Department of
1062	1066		522
1063		-	~~(aa) Notwithstanding Subsection (2)~~, ~~the commission shall inform the Department of~~
	1067	+	Workforce Services, as soon as practicable, whether an individual claimed and is
1064	1068		523
1065		-	~~Workforce Services,~~ ~~as soon as practicable,~~ ~~whether an individual claimed and is~~
	1069	+	entitled to claim a federal earned income tax credit for the year requested by the
1066	1070		524
1067		-	~~entitled to claim a federal earned income tax credit for the year requested by the~~
	1071	+	Department of Workforce Services if:
1068	1072		525
1069		-	Department of Workforce Services ~~if:~~
	1073	+	(i) the Department of Workforce Services requests this information; and
1070	1074		526
1071		-	(i) the ~~Department of Workforce Services requests this~~ information~~; and~~
	1075	+	(ii) the commission has received the information release described in Section
1072	1076		527
1073		-	~~(ii) the commission has received the information release described in Section~~
	1077	+	35A-9-604.
1074	1078		528
1075		-	~~35A-9-604.~~
	1079	+	(bb)(i) As used in this Subsection (4)(bb), "unclaimed property administrator" means
1076	1080		529
1077		-	~~(bb)(i)~~ As ~~used~~ in ~~this Subsection (4)(bb), "unclaimed property administrator" means~~
	1081	+	the administrator or the administrator's agent, as those terms are defined in Section
1078	1082		530
1079		-	~~the administrator or the administrator's agent, as those terms are defined in Section~~
	1083	+	67-4a-102.
1080	1084		531
1081		-	~~67-4a-102.~~
	1085	+	(ii)(A) Notwithstanding Subsection (2), upon request from the unclaimed property
1082	1086		532
1083		-	~~(ii)(A) Notwithstanding Subsection (2), upon request from~~ the ~~unclaimed property~~
	1087	+	administrator and to the extent allowed under federal law, the commission shall
1084	1088		533
1085		-	~~administrator and to~~ the ~~extent allowed under federal law,~~ the ~~commission shall~~
	1089	+	provide the unclaimed property administrator the name, address, telephone
1086	1090		534
1087		-	~~provide the unclaimed property administrator the name~~, ~~address~~, ~~telephone~~
	1091	+	number, county of residence, and social security number or federal employer
1088	1092		535
1089		-	~~number, county of residence, and social security~~ number ~~or federal employer~~
	1093	+	identification number on any return filed under Chapter 7, Corporate Franchise
1090	1094		536
1091		-	~~identification number on any return filed under~~ Chapter 7, ~~Corporate Franchise~~
	1095	+	and Income Taxes, or Chapter 10, Individual Income Tax Act.
1092	1096		537
1093		-	~~and Income Taxes,~~ ~~or Chapter 10,~~ ~~Individual Income Tax Act.~~
1094		-	- 16 - ~~Enrolled Copy~~ H.B. 60
	1097	+	(B) The unclaimed property administrator may use the information described in
	1098	+	- 16 - 03-04 08:09 4th Sub. (Green) H.B. 60
1095	1099		538
1096		-	(B) The unclaimed property ~~administrator may use the information described in~~
	1100	+	Subsection (4)(bb)(ii)(A) only for the purpose of returning unclaimed property
1097	1101		539
1098		-	~~Subsection (4)(bb)(ii)(A) only for~~ the ~~purpose of returning unclaimed property~~
	1102	+	to the property's owner in accordance with Title 67, Chapter 4a, Revised
1099	1103		540
1100		-	~~to the~~ property~~'s owner in accordance with Title 67, Chapter 4a, Revised~~
	1104	+	Uniform Unclaimed Property Act.
1101	1105		541
1102		-	~~Uniform~~ Unclaimed Property ~~Act.~~
	1106	+	(iii) The unclaimed property administrator is subject to the confidentiality provisions
1103	1107		542
1104		-	~~(iii)~~ The unclaimed property ~~administrator is subject to the confidentiality provisions~~
	1108	+	of this section with respect to any information the unclaimed property
1105	1109		543
1106		-	of this ~~section with respect to any information the unclaimed property~~
	1110	+	administrator receives under this Subsection (4)(bb).
1107	1111		544
1108		-	~~administrator receives under this~~ Subsection (4)~~(bb).~~
	1112	+	(cc) Notwithstanding Subsection (2), the commission may, upon request, disclose a
1109	1113		545
1110		-	~~(cc) Notwithstanding Subsection (2),~~ the ~~commission may, upon request, disclose a~~
	1114	+	taxpayer's state individual income tax information to a program manager of the Utah
1111	1115		546
1112		-	~~taxpayer's state individual income tax information to a~~ program ~~manager of the Utah~~
	1116	+	Fits All Scholarship Program under Section 53F-6-402 if:
1113	1117		547
1114		-	~~Fits All Scholarship Program under Section 53F-6-402 if:~~
	1118	+	(i) the taxpayer consents in writing to the disclosure;
1115	1119		548
1116		-	(i) the taxpayer ~~consents in writing to~~ the ~~disclosure;~~
	1120	+	(ii) the taxpayer's written consent includes the taxpayer's name, social security
1117	1121		549
1118		-	~~(ii)~~ the ~~taxpayer's written consent includes the taxpayer's name, social security~~
	1122	+	number, and any other information the commission requests that is necessary to
1119	1123		550
1120		-	~~number, and any other information~~ the ~~commission requests that is necessary to~~
	1124	+	verify the identity of the taxpayer; and
1121	1125		551
1122		-	~~verify~~ the ~~identity of~~ the taxpayer~~; and~~
	1126	+	(iii) the program manager provides the taxpayer's written consent to the commission.
1123	1127		552
1124		-	(~~iii~~) the ~~program manager provides the taxpayer's written consent~~ to the ~~commission.~~
	1128	+	(dd) Notwithstanding Subsection (2), the commission may provide to the Division of
1125	1129		553
1126		-	~~(dd) Notwithstanding Subsection (2),~~ the ~~commission may provide to the Division~~ of
	1130	+	Finance within the Department of Government Operations any information necessary
1127	1131		554
1128		-	~~Finance within~~ the ~~Department of Government Operations any information necessary~~
	1132	+	to facilitate a payment from the commission to a taxpayer, including:
1129	1133		555
1130		-	to ~~facilitate a~~ payment ~~from the commission to a taxpayer, including:~~
	1134	+	(i) the name of the taxpayer entitled to the payment or any other person legally
1131	1135		556
1132		-	~~(i) the name of the taxpayer entitled~~ to the payment ~~or any other person legally~~
	1136	+	authorized to receive the payment;
1133	1137		557
1134		-	~~authorized~~ to ~~receive~~ the payment;
	1138	+	(ii) the taxpayer identification number of the taxpayer entitled to the payment;
1135	1139		558
1136		-	(ii) the ~~taxpayer~~ identification number of ~~the taxpayer entitled to~~ the payment;
	1140	+	(iii) the payment identification number and amount of the payment;
1137	1141		559
1138		-	(~~iii~~) the payment ~~identification number~~ and ~~amount of~~ the payment;
	1142	+	(iv) the tax year to which the payment applies and date on which the payment is due;
1139	1143		560
1140		-	(iv) ~~the tax year~~ to which the payment ~~applies~~ and ~~date on which the payment is due;~~
	1144	+	(v) a mailing address to which the payment may be directed; and
1141	1145		561
1142		-	(v) a ~~mailing address~~ to which the ~~payment may be directed; and~~
	1146	+	(vi) information regarding an account at a depository institution to which the
1143	1147		562
1144		-	~~(vi) information regarding an account at a~~ depository institution ~~to which~~ the
	1148	+	payment may be directed, including the name of the depository institution, the
1145	1149		563
1146		-	~~payment may be directed~~, ~~including~~ the ~~name of~~ the ~~depository institution,~~ the
	1150	+	type of account, the account number, and the routing number for the account.
1147	1151		564
1148		-	~~type of account~~, the ~~account number,~~ ~~and~~ the ~~routing number for the account.~~
	1152	+	(ee) Notwithstanding Subsection (2), the commission shall provide the total amount of [
1149	1153		565
1150		-	~~(ee) Notwithstanding Subsection (2),~~ the commission ~~shall provide the total amount of [~~
	1154	+	revenues] revenue collected by the commission under Subsection 59-5-202(5):
1151	1155		566
1152		-	~~revenues] revenue collected by~~ the ~~commission under Subsection 59-5-202(5):~~
	1156	+	(i) at the request of a committee of the Legislature, the Office of the Legislative
1153	1157		567
1154		-	~~(i) at~~ the ~~request of a committee of the Legislature, the~~ Office of the ~~Legislative~~
	1158	+	Fiscal Analyst, or the Governor's Office of Planning and Budget, to the committee
1155	1159		568
1156		-	~~Fiscal Analyst,~~ or the ~~Governor's Office of Planning and Budget, to~~ the committee
	1160	+	or office for the time period specified by the committee or office; and
1157	1161		569
1158		-	~~or office~~ for ~~the time period specified by~~ the ~~committee or office;~~ ~~and~~
	1162	+	(ii) to the Division of Finance for purposes of the Division of Finance administering
1159	1163		570
1160		-	(ii) ~~to the Division of Finance for purposes of the Division of Finance administering~~
	1164	+	Subsection 59-5-202(5).
1161	1165		571
1162		-	Subsection ~~59-5-202~~(5).
1163		-	- 17 - H.B. 60 ~~Enrolled Copy~~
	1166	+	(ff) Notwithstanding Subsection (2), the commission may provide the Department of
	1167	+	- 17 - 4th Sub. (Green) H.B. 60 03-04 08:09
1164	1168		572
1165		-	~~(ff) Notwithstanding Subsection (2), the commission may provide the Department of~~
	1169	+	Agriculture and Food with information from a return filed in accordance with
1166	1170		573
1167		-	~~Agriculture~~ and ~~Food with information from a return filed in accordance with~~
	1171	+	Chapter 31, Cannabinoid Licensing and Tax Act.
1168	1172		574
1169		-	~~Chapter 31~~, ~~Cannabinoid Licensing and Tax Act.~~
	1173	+	(gg) Notwithstanding Subsection (2), the commission shall provide the Department of
1170	1174		575
1171		-	~~(gg) Notwithstanding Subsection (2),~~ the ~~commission shall provide the Department of~~
	1175	+	Workforce Services with the information described in Section 35A-3-105.
1172	1176		576
1173		-	~~Workforce Services with the information described in Section 35A-3-105~~.
	1177	+	(5)(a) Each report and return shall be preserved for at least three years.
1174	1178		577
1175		-	(5)(a) ~~Each report and return shall be preserved for at least three years.~~
	1179	+	(b) After the three-year period provided in Subsection (5)(a) the commission may
1176	1180		578
1177		-	~~(b) After the three-year~~ ~~period provided in Subsection (5)(a) the commission may~~
	1181	+	destroy a report or return.
1178	1182		579
1179		-	~~destroy~~ a ~~report or return~~.
	1183	+	(6)(a) Any individual who violates this section is guilty of a class A misdemeanor.
1180	1184		580
1181		-	(6)(a) ~~Any individual who violates this section~~ is ~~guilty~~ of ~~a class A misdemeanor.~~
	1185	+	(b) If the individual described in Subsection (6)(a) is an officer or employee of the state,
1182	1186		581
1183		-	~~(b) If~~ the individual ~~described in Subsection (6)(a) is an officer or employee of the state,~~
	1187	+	the individual shall be dismissed from office and be disqualified from holding public
1184	1188		582
1185		-	~~the individual shall be dismissed from~~ office ~~and be disqualified from holding public~~
	1189	+	office in this state for a period of five years thereafter.
1186	1190		583
1187		-	~~office~~ in ~~this state for a period of five years thereafter.~~
	1191	+	(c) Notwithstanding Subsection (6)(a) or (b), GOEO, when requesting information in
1188	1192		584
1189		-	~~(c) Notwithstanding~~ Subsection (6)(a) or ~~(b), GOEO,~~ ~~when requesting~~ information in
	1193	+	accordance with Subsection (4)(n)(iii), or an individual who requests information in
1190	1194		585
1191		-	accordance with Subsection (4)(n)(~~iii~~)~~, or an individual who requests information in~~
	1195	+	accordance with Subsection (4)(n)(v):
1192	1196		586
1193		-	~~accordance with Subsection (4)(n)(v):~~
	1197	+	(i) is not guilty of a class A misdemeanor; and
1194	1198		587
	1199	+	(ii) is not subject to:
	1200	+	588
	1201	+	(A) dismissal from office in accordance with Subsection (6)(b); or
	1202	+	589
	1203	+	(B) disqualification from holding public office in accordance with Subsection
	1204	+	590
	1205	+	(6)(b).
	1206	+	591
	1207	+	(d) Notwithstanding Subsection (6)(a) or (b), for a disclosure of information to the
	1208	+	592
	1209	+	Office of the Legislative Auditor General in accordance with Title 36, Chapter 12,
	1210	+	593
	1211	+	Legislative Organization, an individual described in Subsection (2):
	1212	+	594
1195	1213		(i) is not guilty of a class A misdemeanor; and
1196		-	~~588~~
	1214	+	595
1197	1215		(ii) is not subject to:
1198		-	~~589~~
	1216	+	596
1199	1217		(A) dismissal from office in accordance with Subsection (6)(b); or
1200		-	~~590~~
	1218	+	597
1201	1219		(B) disqualification from holding public office in accordance with Subsection
1202		-	~~591~~
	1220	+	598
1203	1221		(6)(b).
1204		-	592
1205		-	(d) Notwithstanding Subsection (6)(a) or (b), for a disclosure of information to the
1206		-	593
1207		-	Office of the Legislative Auditor General in accordance with Title 36, Chapter 12,
1208		-	594
1209		-	Legislative Organization, an individual described in Subsection (2):
1210		-	595
1211		-	(i) is not guilty of a class A misdemeanor; and
1212		-	596
1213		-	(ii) is not subject to:
1214		-	597
1215		-	(A) dismissal from office in accordance with Subsection (6)(b); or
1216		-	598
1217		-	(B) disqualification from holding public office in accordance with Subsection
1218	1222		599
1219		-	(6)~~(b)~~.
	1223	+	(7) Except as provided in Section 59-1-404, this part does not apply to the property tax.
1220	1224		600
1221		-	~~(7) Except as provided in~~ Section 59-1-~~404, this part does not apply~~ to ~~the property tax.~~
	1225	+	Section 6. Section 59-1-1801 is enacted to read:
1222	1226		601
1223		-	Section 6. Section 59-1-1801 is enacted to read:
1224		-	602
1225	1227
1226	1228		Part 18. Reportable Transactions by Persons Other than Taxpayers
	1229	+	602
	1230	+	59-1-1801 (Effective 01/01/26). Definitions.
1227	1231		603
1228		-	59-1-1801 (Effective 01/01/26). Definitions.
1229		-	604
1230		-	As used in this part:
	1232	+	As used in this part Ŝ→ [, ] :
	1233	+	603a
	1234	+	(1) "Participating payee" means the same as that term is defined in 26 U.S.C. Sec.
	1235	+	603b
	1236	+	6050W.
	1237	+	- 18 - 03-04 08:09 4th Sub. (Green) H.B. 60
	1238	+	603c
	1239	+	(2) ["payment] "Payment ←Ŝ settlement entity" means the same as that term is
	1240	+	603d
	1241	+	defined in 26 U.S.C. Sec. 6050W.
1231	1242		605
1232		-	(1) "Participating payee" means the same as that term is defined in 26 U.S.C. Sec. 6050W.
1233		-	- 18 - Enrolled Copy H.B. 60
	1243	+	Section 7. Section 59-1-1802 is enacted to read:
1234	1244		606
1235		-	(2) "Payment settlement entity~~" means the same as that term is defined in 26 U~~.~~S.C. Sec.~~
	1245	+	59-1-1802 (Effective 01/01/26). Reporting by payment settlement entity.
1236	1246		607
1237		-	~~6050W~~.
	1247	+	A payment settlement entity that is required to file a return in accordance with 26 U.S.C.
1238	1248		608
1239		-	Section 7. Section 59-1-1802 is enacted to read:
	1249	+	Sec. 6050W shall file a return containing the same information with the commission Ŝ→ for
	1250	+	607a
	1251	+	each participating payee with an address in Utah ←Ŝ :
1240	1252		609
1241		-	~~59-~~1~~-1802 (Effective 01/01/26). Reporting by payment settlement entity.~~
	1253	+	(1) electronically;
1242	1254		610
1243		-	A ~~payment settlement entity that is required to file a return in accordance with 26 U.S.C.~~
	1255	+	(2) in a format approved by the commission; and
1244	1256		611
1245		-	~~Sec. 6050W shall~~ file a ~~return containing the same information with the commission for each~~
	1257	+	(3) within 30 days after the day on which the payment settlement entity is required to file a
1246	1258		612
1247		-	~~participating payee~~ with ~~an address in Utah:~~
	1259	+	return with the Internal Revenue Service.
1248	1260		613
1249		-	~~(1) electronically;~~
	1261	+	Section 8. Section 59-7-614 is amended to read:
1250	1262		614
1251		-	(2) ~~in a format approved by the commission; and~~
	1263	+	59-7-614 (Effective 05/07/25) (Applies beginning 01/01/25). Clean energy systems
1252	1264		615
1253		-	~~(3) within 30 days after the day on which the payment settlement entity is required to file a~~
	1265	+	tax credits -- Definitions -- Certification -- Rulemaking authority.
1254	1266		616
1255		-	~~return with the Internal Revenue Service.~~
	1267	+	(1) As used in this section:
1256	1268		617
1257		-	~~Section 8.~~ ~~Section 59-7-614~~ is ~~amended to read~~:
	1269	+	(a)(i) "Active solar system" means a system of equipment that is capable of:
1258	1270		618
1259		-	~~59-7-614~~ (~~Effective 05/07/25~~) ~~(Applies beginning 01/01/25). Clean energy systems~~
	1271	+	(A) collecting and converting incident solar radiation into thermal, mechanical, or
1260	1272		619
1261		-	~~tax credits -- Definitions -- Certification -- Rulemaking authority.~~
	1273	+	electrical energy; and
1262	1274		620
	1275	+	(B) transferring a form of energy described in Subsection (1)(a)(i)(A) by a
	1276	+	621
	1277	+	separate apparatus to storage or to the point of use.
	1278	+	622
	1279	+	(ii) "Active solar system" includes water heating, space heating or cooling, and
	1280	+	623
	1281	+	electrical or mechanical energy generation.
	1282	+	624
	1283	+	(b) "Biomass system" means a system of apparatus and equipment for use in:
	1284	+	625
	1285	+	(i) converting material into biomass energy, as defined in Section 59-12-102; and
	1286	+	626
	1287	+	(ii) transporting the biomass energy by separate apparatus to the point of use or
	1288	+	627
	1289	+	storage.
	1290	+	628
	1291	+	(c) "Clean energy source" means the same as that term is defined in Section 54-17-601.
	1292	+	629
	1293	+	(d) "Commercial energy system" means a system that is:
	1294	+	630
	1295	+	(i)(A) an active solar system;
	1296	+	631
	1297	+	(B) a biomass system;
	1298	+	632
	1299	+	(C) a direct use geothermal system;
	1300	+	633
	1301	+	(D) a geothermal electricity system;
	1302	+	634
	1303	+	(E) a geothermal heat pump system;
	1304	+	635
	1305	+	(F) a hydroenergy system;
	1306	+	- 19 - 4th Sub. (Green) H.B. 60 03-04 08:09
	1307	+	636
	1308	+	(G) a passive solar system; or
	1309	+	637
	1310	+	(H) a wind system;
	1311	+	638
	1312	+	(ii) located in the state; and
	1313	+	639
	1314	+	(iii) used:
	1315	+	640
	1316	+	(A) to supply energy to a commercial unit; or
	1317	+	641
	1318	+	(B) as a commercial enterprise.
	1319	+	642
	1320	+	(e) "Commercial enterprise" means an entity, the purpose of which is to produce:
	1321	+	643
	1322	+	(i) electrical, mechanical, or thermal energy for sale from a commercial energy
	1323	+	644
	1324	+	system; or
	1325	+	645
	1326	+	(ii) hydrogen for sale from a hydrogen production system.
	1327	+	646
	1328	+	(f)(i) "Commercial unit" means a building or structure, other than a residence, that an
	1329	+	647
	1330	+	entity uses to transact business.
	1331	+	648
	1332	+	(ii) Notwithstanding Subsection (1)(f)(i):
	1333	+	649
	1334	+	(A) with respect to an active solar system used for agricultural water pumping or a
	1335	+	650
	1336	+	wind system, each individual energy generating device is considered to be a
	1337	+	651
	1338	+	commercial unit; or
	1339	+	652
	1340	+	(B) if an energy system is the building or structure that an entity uses to transact
	1341	+	653
	1342	+	business, a commercial unit is the complete energy system itself.
	1343	+	654
	1344	+	(g) "Direct use geothermal system" means a system of apparatus and equipment that
	1345	+	655
	1346	+	enables the direct use of geothermal energy to meet energy needs, including heating a
	1347	+	656
	1348	+	building, an industrial process, and aquaculture.
	1349	+	657
	1350	+	(h) "Geothermal electricity" means energy that is:
	1351	+	658
	1352	+	(i) contained in heat that continuously flows outward from the earth; and
	1353	+	659
	1354	+	(ii) used as a sole source of energy to produce electricity.
	1355	+	660
	1356	+	(i) "Geothermal energy" means energy generated by heat that is contained in the earth.
	1357	+	661
	1358	+	(j) "Geothermal heat pump system" means a system of apparatus and equipment that:
	1359	+	662
	1360	+	(i) enables the use of thermal properties contained in the earth at temperatures well
	1361	+	663
	1362	+	below 100 degrees Fahrenheit; and
	1363	+	664
	1364	+	(ii) helps meet heating and cooling needs of a structure.
	1365	+	665
	1366	+	(k) "Hydroenergy system" means a system of apparatus and equipment that is capable of:
	1367	+	666
	1368	+	(i) intercepting and converting kinetic water energy into electrical or mechanical
	1369	+	667
	1370	+	energy; and
	1371	+	668
	1372	+	(ii) transferring this form of energy by separate apparatus to the point of use or
	1373	+	669
	1374	+	storage.
	1375	+	- 20 - 03-04 08:09 4th Sub. (Green) H.B. 60
	1376	+	670
	1377	+	(l) "Hydrogen production system" means a system of apparatus and equipment, located
	1378	+	671
	1379	+	in this state, that uses:
	1380	+	672
	1381	+	(i) electricity from a clean energy source to create hydrogen gas from water,
	1382	+	673
	1383	+	regardless of whether the clean energy source is at a separate facility or the same
	1384	+	674
	1385	+	facility as the system of apparatus and equipment; or
	1386	+	675
	1387	+	(ii) uses renewable natural gas to produce hydrogen gas.
	1388	+	676
	1389	+	(m) "Office" means the Office of Energy Development created in Section 79-6-401.
	1390	+	677
	1391	+	(n)(i) "Passive solar system" means a direct thermal system that utilizes the structure
	1392	+	678
	1393	+	of a building and the structure's operable components to provide for collection,
	1394	+	679
	1395	+	storage, and distribution of heating or cooling during the appropriate times of the
	1396	+	680
	1397	+	year by utilizing the climate resources available at the site.
	1398	+	681
	1399	+	(ii) "Passive solar system" includes those portions and components of a building that
	1400	+	682
	1401	+	are expressly designed and required for the collection, storage, and distribution of
	1402	+	683
	1403	+	solar energy.
	1404	+	684
	1405	+	(o) "Photovoltaic system" means an active solar system that generates electricity from
	1406	+	685
	1407	+	sunlight.
	1408	+	686
	1409	+	(p)(i) "Principal recovery portion" means the portion of a lease payment that
	1410	+	687
	1411	+	constitutes the cost a person incurs in acquiring a commercial energy system.
	1412	+	688
	1413	+	(ii) "Principal recovery portion" does not include:
	1414	+	689
	1415	+	(A) an interest charge; or
	1416	+	690
	1417	+	(B) a maintenance expense.
	1418	+	691
	1419	+	(q) "Residential energy system" means the following used to supply energy to or for a
	1420	+	692
	1421	+	residential unit:
	1422	+	693
	1423	+	(i) an active solar system;
	1424	+	694
	1425	+	(ii) a biomass system;
	1426	+	695
	1427	+	(iii) a direct use geothermal system;
	1428	+	696
	1429	+	(iv) a geothermal heat pump system;
	1430	+	697
	1431	+	(v) a hydroenergy system;
	1432	+	698
	1433	+	(vi) a passive solar system; or
	1434	+	699
	1435	+	(vii) a wind system.
	1436	+	700
	1437	+	(r)(i) "Residential unit" means a house, condominium, apartment, or similar dwelling
	1438	+	701
	1439	+	unit that:
	1440	+	702
	1441	+	(A) is located in the state; and
	1442	+	703
	1443	+	(B) serves as a dwelling for a person, group of persons, or a family.
	1444	+	- 21 - 4th Sub. (Green) H.B. 60 03-04 08:09
	1445	+	704
	1446	+	(ii) "Residential unit" does not include property subject to a fee under:
	1447	+	705
	1448	+	(A) Section 59-2-405;
	1449	+	706
	1450	+	(B) Section 59-2-405.1;
	1451	+	707
	1452	+	(C) Section 59-2-405.2;
	1453	+	708
	1454	+	(D) Section 59-2-405.3; or
	1455	+	709
	1456	+	(E) Section 72-10-110.5.
	1457	+	710
	1458	+	(s) "Wind system" means a system of apparatus and equipment that is capable of:
	1459	+	711
	1460	+	(i) intercepting and converting wind energy into mechanical or electrical energy; and
	1461	+	712
	1462	+	(ii) transferring these forms of energy by a separate apparatus to the point of use,
	1463	+	713
	1464	+	sale, or storage.
	1465	+	714
	1466	+	(2) A taxpayer may claim an energy system tax credit as provided in this section against a
	1467	+	715
	1468	+	tax due under this chapter for a taxable year.
	1469	+	716
	1470	+	(3)(a) Subject to the other provisions of this Subsection (3), a taxpayer may claim a
	1471	+	717
	1472	+	nonrefundable tax credit under this Subsection (3) with respect to a residential unit
	1473	+	718
	1474	+	the taxpayer owns or uses if:
	1475	+	719
	1476	+	(i) the taxpayer:
	1477	+	720
	1478	+	(A) purchases and completes a residential energy system to supply all or part of
	1479	+	721
	1480	+	the energy required for the residential unit; or
	1481	+	722
	1482	+	(B) participates in the financing of a residential energy system to supply all or part
	1483	+	723
	1484	+	of the energy required for the residential unit; and
	1485	+	724
	1486	+	(ii) the taxpayer obtains a written certification from the office in accordance with
	1487	+	725
	1488	+	Subsection (8).
	1489	+	726
	1490	+	(b)(i) Subject to Subsections (3)(b)(ii) through (iv) and, as applicable, Subsection
	1491	+	727
	1492	+	(3)(c) or (d), the tax credit is equal to 25% of the reasonable costs of each
	1493	+	728
	1494	+	residential energy system installed with respect to each residential unit the
	1495	+	729
	1496	+	taxpayer owns or uses.
	1497	+	730
	1498	+	(ii) A tax credit under this Subsection (3) may include installation costs.
	1499	+	731
	1500	+	(iii) A taxpayer may claim a tax credit under this Subsection (3) for the taxable year
	1501	+	732
	1502	+	in which the residential energy system is completed and placed in service.
	1503	+	733
	1504	+	(iv) If the amount of a tax credit under this Subsection (3) exceeds a taxpayer's tax
	1505	+	734
	1506	+	liability under this chapter for a taxable year, the taxpayer may carry forward the
	1507	+	735
	1508	+	amount of the tax credit exceeding the liability for a period that does not exceed
	1509	+	736
	1510	+	the next four taxable years.
	1511	+	737
	1512	+	(c) The total amount of tax credit a taxpayer may claim under this Subsection (3) for a
	1513	+	- 22 - 03-04 08:09 4th Sub. (Green) H.B. 60
	1514	+	738
	1515	+	residential energy system, other than a photovoltaic system, may not exceed $2,000
	1516	+	739
	1517	+	per residential unit.
	1518	+	740
	1519	+	(d) The total amount of tax credit a taxpayer may claim under this Subsection (3) for a
	1520	+	741
	1521	+	photovoltaic system may not exceed:
	1522	+	742
	1523	+	(i) for a system installed on or after January 1, 2018, but on or before December 31,
	1524	+	743
	1525	+	2020, $1,600;
	1526	+	744
	1527	+	(ii) for a system installed on or after January 1, 2021, but on or before December 31,
	1528	+	745
	1529	+	2021, $1,200;
	1530	+	746
	1531	+	(iii) for a system installed on or after January 1, 2022, but on or before December 31,
	1532	+	747
	1533	+	2022, $800;
	1534	+	748
	1535	+	(iv) for a system installed on or after January 1, 2023, but on or before December 31,
	1536	+	749
	1537	+	2023, $400; and
	1538	+	750
	1539	+	(v) for a system installed on or after January 1, 2024, $0.
	1540	+	751
	1541	+	(e) If a taxpayer sells a residential unit to another person before the taxpayer claims the
	1542	+	752
	1543	+	tax credit under this Subsection (3):
	1544	+	753
	1545	+	(i) the taxpayer may assign the tax credit to the other person; and
	1546	+	754
	1547	+	(ii)(A) if the other person files a return under this chapter, the other person may
	1548	+	755
	1549	+	claim the tax credit under this section as if the other person had met the
	1550	+	756
	1551	+	requirements of this section to claim the tax credit; or
	1552	+	757
	1553	+	(B) if the other person files a return under Chapter 10, Individual Income Tax Act,
	1554	+	758
	1555	+	the other person may claim the tax credit under Section 59-10-1014 as if the
	1556	+	759
	1557	+	other person had met the requirements of Section 59-10-1014 to claim the tax
	1558	+	760
	1559	+	credit.
	1560	+	761
	1561	+	(4)(a) Subject to the other provisions of this Subsection (4), a taxpayer may claim a
	1562	+	762
	1563	+	refundable tax credit under this Subsection (4) with respect to a commercial energy
	1564	+	763
	1565	+	system if:
	1566	+	764
	1567	+	(i) the commercial energy system does not use:
	1568	+	765
	1569	+	(A) wind, geothermal electricity, solar, or biomass equipment capable of
	1570	+	766
	1571	+	producing a total of 660 or more kilowatts of electricity; or
	1572	+	767
	1573	+	(B) solar equipment capable of producing 2,000 or more kilowatts of electricity;
	1574	+	768
	1575	+	(ii) the taxpayer purchases or participates in the financing of the commercial energy
	1576	+	769
	1577	+	system;
	1578	+	770
	1579	+	(iii)(A) the commercial energy system supplies all or part of the energy required
	1580	+	771
	1581	+	by commercial units owned or used by the taxpayer; or
	1582	+	- 23 - 4th Sub. (Green) H.B. 60 03-04 08:09
	1583	+	772
	1584	+	(B) the taxpayer sells all or part of the energy produced by the commercial energy
	1585	+	773
	1586	+	system as a commercial enterprise;
	1587	+	774
	1588	+	(iv) the taxpayer has not claimed and will not claim a tax credit under Subsection (7)
	1589	+	775
	1590	+	for hydrogen production using electricity for which the taxpayer claims a tax
	1591	+	776
	1592	+	credit under this Subsection (4); and
	1593	+	777
	1594	+	(v) the taxpayer obtains a written certification from the office in accordance with
	1595	+	778
	1596	+	Subsection (8).
	1597	+	779
	1598	+	(b)(i) Subject to Subsections (4)(b)(ii) through (iv), the tax credit is equal to 10% of
	1599	+	780
	1600	+	the reasonable costs of the commercial energy system.
	1601	+	781
	1602	+	(ii) A tax credit under this Subsection (4) may include installation costs.
	1603	+	782
	1604	+	(iii) A taxpayer is eligible to claim a tax credit under this Subsection (4) for the
	1605	+	783
	1606	+	taxable year in which the commercial energy system is completed and placed in
	1607	+	784
	1608	+	service.
	1609	+	785
	1610	+	(iv) The total amount of tax credit a taxpayer may claim under this Subsection (4)
	1611	+	786
	1612	+	may not exceed $50,000 per commercial unit.
	1613	+	787
	1614	+	(c)(i) Subject to Subsections (4)(c)(ii) and (iii), a taxpayer that is a lessee of a
	1615	+	788
	1616	+	commercial energy system installed on a commercial unit may claim a tax credit
	1617	+	789
	1618	+	under this Subsection (4) if the taxpayer confirms that the lessor irrevocably elects
	1619	+	790
	1620	+	not to claim the tax credit.
	1621	+	791
	1622	+	(ii) A taxpayer described in Subsection (4)(c)(i) may claim as a tax credit under this
	1623	+	792
	1624	+	Subsection (4) only the principal recovery portion of the lease payments.
	1625	+	793
	1626	+	(iii) A taxpayer described in Subsection (4)(c)(i) may claim a tax credit under this
	1627	+	794
	1628	+	Subsection (4) for a period that does not exceed seven taxable years after the day
	1629	+	795
	1630	+	on which the lease begins, as stated in the lease agreement.
	1631	+	796
	1632	+	(5)(a) Subject to the other provisions of this Subsection (5), a taxpayer may claim a
	1633	+	797
	1634	+	refundable tax credit under this Subsection (5) with respect to a commercial energy
	1635	+	798
	1636	+	system if:
	1637	+	799
	1638	+	(i) the commercial energy system uses wind, geothermal electricity, or biomass
	1639	+	800
	1640	+	equipment capable of producing a total of 660 or more kilowatts of electricity;
	1641	+	801
	1642	+	(ii)(A) the commercial energy system supplies all or part of the energy required by
	1643	+	802
	1644	+	commercial units owned or used by the taxpayer; or
	1645	+	803
	1646	+	(B) the taxpayer sells all or part of the energy produced by the commercial energy
	1647	+	804
	1648	+	system as a commercial enterprise;
	1649	+	805
	1650	+	(iii) the taxpayer has not claimed and will not claim a tax credit under Subsection (7)
	1651	+	- 24 - 03-04 08:09 4th Sub. (Green) H.B. 60
	1652	+	806
	1653	+	for hydrogen production using electricity for which the taxpayer claims a tax
	1654	+	807
	1655	+	credit under this Subsection (5); and
	1656	+	808
	1657	+	(iv) the taxpayer obtains a written certification from the office in accordance with
	1658	+	809
	1659	+	Subsection (8).
	1660	+	810
	1661	+	(b)(i) Subject to Subsection (5)(b)(ii), a tax credit under this Subsection (5) is equal
	1662	+	811
	1663	+	to the product of:
	1664	+	812
	1665	+	(A) 0.35 cents; and
	1666	+	813
	1667	+	(B) the kilowatt hours of electricity produced and used or sold during the taxable
	1668	+	814
	1669	+	year.
	1670	+	815
	1671	+	(ii) A taxpayer is eligible to claim a tax credit under this Subsection (5) for
	1672	+	816
	1673	+	production occurring during a period of 48 months beginning with the month in
	1674	+	817
	1675	+	which the commercial energy system is placed in commercial service.
	1676	+	818
	1677	+	(c) A taxpayer that is a lessee of a commercial energy system installed on a commercial
	1678	+	819
	1679	+	unit may claim a tax credit under this Subsection (5) if the taxpayer confirms that the
	1680	+	820
	1681	+	lessor irrevocably elects not to claim the tax credit.
	1682	+	821
	1683	+	(6)(a) Subject to the other provisions of this Subsection (6), a taxpayer may claim a
	1684	+	822
	1685	+	refundable tax credit as provided in this Subsection (6) if:
	1686	+	823
	1687	+	(i) the taxpayer owns a commercial energy system that uses solar equipment capable
	1688	+	824
	1689	+	of producing a total of 660 or more kilowatts of electricity;
	1690	+	825
	1691	+	(ii)(A) the commercial energy system supplies all or part of the energy required by
	1692	+	826
	1693	+	commercial units owned or used by the taxpayer; or
	1694	+	827
	1695	+	(B) the taxpayer sells all or part of the energy produced by the commercial energy
	1696	+	828
	1697	+	system as a commercial enterprise;
	1698	+	829
	1699	+	(iii) the taxpayer does not claim a tax credit under Subsection (4) and has not claimed
	1700	+	830
	1701	+	and will not claim a tax credit under Subsection (7) for hydrogen production using
	1702	+	831
	1703	+	electricity for which a taxpayer claims a tax credit under this Subsection (6); and
	1704	+	832
	1705	+	(iv) the taxpayer obtains a written certification from the office in accordance with
	1706	+	833
	1707	+	Subsection (8).
	1708	+	834
	1709	+	(b)(i) Subject to Subsection (6)(b)(ii), a tax credit under this Subsection (6) is equal
	1710	+	835
	1711	+	to the product of:
	1712	+	836
	1713	+	(A) 0.35 cents; and
	1714	+	837
	1715	+	(B) the kilowatt hours of electricity produced and used or sold during the taxable
	1716	+	838
	1717	+	year.
	1718	+	839
	1719	+	(ii) A taxpayer is eligible to claim a tax credit under this Subsection (6) for
	1720	+	- 25 - 4th Sub. (Green) H.B. 60 03-04 08:09
	1721	+	840
	1722	+	production occurring during a period of 48 months beginning with the month in
	1723	+	841
	1724	+	which the commercial energy system is placed in commercial service.
	1725	+	842
	1726	+	(c) A taxpayer that is a lessee of a commercial energy system installed on a commercial
	1727	+	843
	1728	+	unit may claim a tax credit under this Subsection (6) if the taxpayer confirms that the
	1729	+	844
	1730	+	lessor irrevocably elects not to claim the tax credit.
	1731	+	845
	1732	+	(7)(a) A taxpayer may claim a refundable tax credit as provided in this Subsection (7) if:
	1733	+	846
	1734	+	(i) the taxpayer owns a hydrogen production system;
	1735	+	847
	1736	+	(ii) the hydrogen production system is completed and placed in service on or after
	1737	+	848
	1738	+	January 1, 2022;
	1739	+	849
	1740	+	(iii) the taxpayer sells as a commercial enterprise, or supplies for the taxpayer's own
	1741	+	850
	1742	+	use in commercial units, the hydrogen produced from the hydrogen production
	1743	+	851
	1744	+	system;
	1745	+	852
	1746	+	(iv) the taxpayer has not claimed and will not claim a tax credit under Subsection (4),
	1747	+	853
	1748	+	(5), or (6) or Section 59-7-626 for electricity or hydrogen used to meet the
	1749	+	854
	1750	+	requirements of this Subsection (7); and
	1751	+	855
	1752	+	(v) the taxpayer obtains a written certification from the office in accordance with
	1753	+	856
	1754	+	Subsection (8).
	1755	+	857
	1756	+	(b)(i) Subject to Subsections (7)(b)(ii) and (iii), a tax credit under this Subsection (7)
	1757	+	858
	1758	+	is equal to the product of:
	1759	+	859
	1760	+	(A) $0.12; and
	1761	+	860
	1762	+	(B) the number of kilograms of hydrogen produced during the taxable year.
	1763	+	861
	1764	+	(ii) A taxpayer may not receive a tax credit under this Subsection (7) for more than
	1765	+	862
	1766	+	5,600 metric tons of hydrogen per taxable year.
	1767	+	863
	1768	+	(iii) A taxpayer is eligible to claim a tax credit under this Subsection (7) for
	1769	+	864
	1770	+	production occurring during a period of 48 months beginning with the month in
	1771	+	865
	1772	+	which the hydrogen production system is placed in commercial service.
	1773	+	866
	1774	+	(8)(a) Before a taxpayer may claim a tax credit under this section, the taxpayer shall
	1775	+	867
	1776	+	obtain a written certification from the office.
	1777	+	868
	1778	+	(b) The office shall issue a taxpayer a written certification if the office determines that:
	1779	+	869
	1780	+	(i) the taxpayer meets the requirements of this section to receive a tax credit; and
	1781	+	870
	1782	+	(ii) the residential energy system, the commercial energy system, or the hydrogen
	1783	+	871
	1784	+	production system with respect to which the taxpayer seeks to claim a tax credit:
	1785	+	872
	1786	+	(A) has been completely installed;
	1787	+	873
	1788	+	(B) is a viable system for saving or producing energy from clean resources; and
	1789	+	- 26 - 03-04 08:09 4th Sub. (Green) H.B. 60
	1790	+	874
	1791	+	(C) is safe, reliable, efficient, and technically feasible to ensure that the residential
	1792	+	875
	1793	+	energy system, the commercial energy system, or the hydrogen production
	1794	+	876
	1795	+	system uses the state's clean and nonrenewable energy resources in an
	1796	+	877
	1797	+	appropriate and economic manner.
	1798	+	878
	1799	+	(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
	1800	+	879
	1801	+	office may make rules:
	1802	+	880
	1803	+	(i) for determining whether a residential energy system, a commercial energy system,
	1804	+	881
	1805	+	or a hydrogen production system meets the requirements of Subsection (8)(b)(ii);
	1806	+	882
	1807	+	and
	1808	+	883
	1809	+	(ii) for purposes of a tax credit under Subsection (3) or (4), establishing the
	1810	+	884
	1811	+	reasonable costs of a residential energy system or a commercial energy system, as
	1812	+	885
	1813	+	an amount per unit of energy production.
	1814	+	886
	1815	+	(d) A taxpayer that obtains a written certification from the office shall retain the
	1816	+	887
	1817	+	certification for the same time period a person is required to keep books and records
	1818	+	888
	1819	+	under Section 59-1-1406.
	1820	+	889
	1821	+	(e) The office shall submit to the commission an electronic list that includes:
	1822	+	890
	1823	+	(i) the name and identifying information of each taxpayer to which the office issues a
	1824	+	891
	1825	+	written certification; and
	1826	+	892
	1827	+	(ii) for each taxpayer:
	1828	+	893
	1829	+	(A) the amount of the tax credit listed on the written certification; and
	1830	+	894
	1831	+	(B) the date the clean energy system was installed.
	1832	+	895
	1833	+	(9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
	1834	+	896
	1835	+	commission may make rules to address the certification of a tax credit under this section.
	1836	+	897
	1837	+	(10) A tax credit under this section is in addition to any tax credits provided under the laws
	1838	+	898
	1839	+	or rules and regulations of the United States.
	1840	+	899
	1841	+	(11) A taxpayer may not claim or carry forward a tax credit described in this section in a
	1842	+	900
	1843	+	taxable year during which the taxpayer claims or carries forward a tax credit under
	1844	+	901
	1845	+	Section 59-7-614.7.
	1846	+	902
	1847	+	Section 9. Section 59-7-614.10 is amended to read:
	1848	+	903
	1849	+	59-7-614.10 (Effective 05/07/25) (Applies beginning 01/01/25). Nonrefundable
	1850	+	904
	1851	+	enterprise zone tax credit.
	1852	+	905
1263	1853		(1) As used in this section:
1264		-	621
1265		-	(a)(i) "Active solar system" means a system of equipment that is capable of:
1266		-	622
1267		-	(A) collecting and converting incident solar radiation into thermal, mechanical, or
1268		-	623
1269		-	electrical energy; and
1270		-	624
1271		-	(B) transferring a form of energy described in Subsection (1)(a)(i)(A) by a
1272		-	625
1273		-	separate apparatus to storage or to the point of use.
1274		-	626
1275		-	(ii) "Active solar system" includes water heating, space heating or cooling, and
1276		-	627
1277		-	electrical or mechanical energy generation.
1278		-	628
1279		-	(b) "Biomass system" means a system of apparatus and equipment for use in:
1280		-	629
1281		-	(i) converting material into biomass energy, as defined in Section 59-12-102; and
1282		-	630
1283		-	(ii) transporting the biomass energy by separate apparatus to the point of use or
1284		-	631
1285		-	storage.
1286		-	632
1287		-	(c) "Clean energy source" means the same as that term is defined in Section 54-17-601.
1288		-	633
1289		-	(d) "Commercial energy system" means a system that is:
1290		-	634
1291		-	(i)(A) an active solar system;
1292		-	635
1293		-	(B) a biomass system;
1294		-	636
1295		-	(C) a direct use geothermal system;
1296		-	637
1297		-	(D) a geothermal electricity system;
1298		-	638
1299		-	(E) a geothermal heat pump system;
1300		-	639
1301		-	(F) a hydroenergy system;
1302		-	- 19 - H.B. 60 Enrolled Copy
1303		-	640
1304		-	(G) a passive solar system; or
1305		-	641
1306		-	(H) a wind system;
1307		-	642
1308		-	(ii) located in the state; and
1309		-	643
1310		-	(iii) used:
1311		-	644
1312		-	(A) to supply energy to a commercial unit; or
1313		-	645
1314		-	(B) as a commercial enterprise.
1315		-	646
1316		-	(e) "Commercial enterprise" means an entity, the purpose of which is to produce:
1317		-	647
1318		-	(i) electrical, mechanical, or thermal energy for sale from a commercial energy
1319		-	648
1320		-	system; or
1321		-	649
1322		-	(ii) hydrogen for sale from a hydrogen production system.
1323		-	650
1324		-	(f)(i) "Commercial unit" means a building or structure, other than a residence, that an
1325		-	651
1326		-	entity uses to transact business.
1327		-	652
1328		-	(ii) Notwithstanding Subsection (1)(f)(i):
1329		-	653
1330		-	(A) with respect to an active solar system used for agricultural water pumping or a
1331		-	654
1332		-	wind system, each individual energy generating device is considered to be a
1333		-	655
1334		-	commercial unit; or
1335		-	656
1336		-	(B) if an energy system is the building or structure that an entity uses to transact
1337		-	657
1338		-	business, a commercial unit is the complete energy system itself.
1339		-	658
1340		-	(g) "Direct use geothermal system" means a system of apparatus and equipment that
1341		-	659
1342		-	enables the direct use of geothermal energy to meet energy needs, including heating a
1343		-	660
1344		-	building, an industrial process, and aquaculture.
1345		-	661
1346		-	(h) "Geothermal electricity" means energy that is:
1347		-	662
1348		-	(i) contained in heat that continuously flows outward from the earth; and
1349		-	663
1350		-	(ii) used as a sole source of energy to produce electricity.
1351		-	664
1352		-	(i) "Geothermal energy" means energy generated by heat that is contained in the earth.
1353		-	665
1354		-	(j) "Geothermal heat pump system" means a system of apparatus and equipment that:
1355		-	666
1356		-	(i) enables the use of thermal properties contained in the earth at temperatures well
1357		-	667
1358		-	below 100 degrees Fahrenheit; and
1359		-	668
1360		-	(ii) helps meet heating and cooling needs of a structure.
1361		-	669
1362		-	(k) "Hydroenergy system" means a system of apparatus and equipment that is capable of:
1363		-	670
1364		-	(i) intercepting and converting kinetic water energy into electrical or mechanical
1365		-	671
1366		-	energy; and
1367		-	672
1368		-	(ii) transferring this form of energy by separate apparatus to the point of use or
1369		-	673
1370		-	storage.
1371		-	- 20 - Enrolled Copy H.B. 60
1372		-	674
1373		-	(l) "Hydrogen production system" means a system of apparatus and equipment, located
1374		-	675
1375		-	in this state, that uses:
1376		-	676
1377		-	(i) electricity from a clean energy source to create hydrogen gas from water,
1378		-	677
1379		-	regardless of whether the clean energy source is at a separate facility or the same
1380		-	678
1381		-	facility as the system of apparatus and equipment; or
1382		-	679
1383		-	(ii) uses renewable natural gas to produce hydrogen gas.
1384		-	680
1385		-	(m) "Office" means the Office of Energy Development created in Section 79-6-401.
1386		-	681
1387		-	(n)(i) "Passive solar system" means a direct thermal system that utilizes the structure
1388		-	682
1389		-	of a building and the structure's operable components to provide for collection,
1390		-	683
1391		-	storage, and distribution of heating or cooling during the appropriate times of the
1392		-	684
1393		-	year by utilizing the climate resources available at the site.
1394		-	685
1395		-	(ii) "Passive solar system" includes those portions and components of a building that
1396		-	686
1397		-	are expressly designed and required for the collection, storage, and distribution of
1398		-	687
1399		-	solar energy.
1400		-	688
1401		-	(o) "Photovoltaic system" means an active solar system that generates electricity from
1402		-	689
1403		-	sunlight.
1404		-	690
1405		-	(p)(i) "Principal recovery portion" means the portion of a lease payment that
1406		-	691
1407		-	constitutes the cost a person incurs in acquiring a commercial energy system.
1408		-	692
1409		-	(ii) "Principal recovery portion" does not include:
1410		-	693
1411		-	(A) an interest charge; or
1412		-	694
1413		-	(B) a maintenance expense.
1414		-	695
1415		-	(q) "Residential energy system" means the following used to supply energy to or for a
1416		-	696
1417		-	residential unit:
1418		-	697
1419		-	(i) an active solar system;
1420		-	698
1421		-	(ii) a biomass system;
1422		-	699
1423		-	(iii) a direct use geothermal system;
1424		-	700
1425		-	(iv) a geothermal heat pump system;
1426		-	701
1427		-	(v) a hydroenergy system;
1428		-	702
1429		-	(vi) a passive solar system; or
1430		-	703
1431		-	(vii) a wind system.
1432		-	704
1433		-	(r)(i) "Residential unit" means a house, condominium, apartment, or similar dwelling
1434		-	705
1435		-	unit that:
1436		-	706
1437		-	(A) is located in the state; and
1438		-	707
1439		-	(B) serves as a dwelling for a person, group of persons, or a family.
1440		-	- 21 - H.B. 60 Enrolled Copy
1441		-	708
1442		-	(ii) "Residential unit" does not include property subject to a fee under:
1443		-	709
1444		-	(A) Section 59-2-405;
1445		-	710
1446		-	(B) Section 59-2-405.1;
1447		-	711
1448		-	(C) Section 59-2-405.2;
1449		-	712
1450		-	(D) Section 59-2-405.3; or
1451		-	713
1452		-	(E) Section 72-10-110.5.
1453		-	714
1454		-	(s) "Wind system" means a system of apparatus and equipment that is capable of:
1455		-	715
1456		-	(i) intercepting and converting wind energy into mechanical or electrical energy; and
1457		-	716
1458		-	(ii) transferring these forms of energy by a separate apparatus to the point of use,
1459		-	717
1460		-	sale, or storage.
1461		-	718
1462		-	(2) A taxpayer may claim an energy system tax credit as provided in this section against a
1463		-	719
1464		-	tax due under this chapter for a taxable year.
1465		-	720
1466		-	(3)(a) Subject to the other provisions of this Subsection (3), a taxpayer may claim a
1467		-	721
1468		-	nonrefundable tax credit under this Subsection (3) with respect to a residential unit
1469		-	722
1470		-	the taxpayer owns or uses if:
1471		-	723
1472		-	(i) the taxpayer:
1473		-	724
1474		-	(A) purchases and completes a residential energy system to supply all or part of
1475		-	725
1476		-	the energy required for the residential unit; or
1477		-	726
1478		-	(B) participates in the financing of a residential energy system to supply all or part
1479		-	727
1480		-	of the energy required for the residential unit; and
1481		-	728
1482		-	(ii) the taxpayer obtains a written certification from the office in accordance with
1483		-	729
1484		-	Subsection (8).
1485		-	730
1486		-	(b)(i) Subject to Subsections (3)(b)(ii) through (iv) and, as applicable, Subsection
1487		-	731
1488		-	(3)(c) or (d), the tax credit is equal to 25% of the reasonable costs of each
1489		-	732
1490		-	residential energy system installed with respect to each residential unit the
1491		-	733
1492		-	taxpayer owns or uses.
1493		-	734
1494		-	(ii) A tax credit under this Subsection (3) may include installation costs.
1495		-	735
1496		-	(iii) A taxpayer may claim a tax credit under this Subsection (3) for the taxable year
1497		-	736
1498		-	in which the residential energy system is completed and placed in service.
1499		-	737
1500		-	(iv) If the amount of a tax credit under this Subsection (3) exceeds a taxpayer's tax
1501		-	738
1502		-	liability under this chapter for a taxable year, the taxpayer may carry forward the
1503		-	739
1504		-	amount of the tax credit exceeding the liability for a period that does not exceed
1505		-	740
1506		-	the next four taxable years.
1507		-	741
1508		-	(c) The total amount of tax credit a taxpayer may claim under this Subsection (3) for a
1509		-	- 22 - Enrolled Copy H.B. 60
1510		-	742
1511		-	residential energy system, other than a photovoltaic system, may not exceed $2,000
1512		-	743
1513		-	per residential unit.
1514		-	744
1515		-	(d) The total amount of tax credit a taxpayer may claim under this Subsection (3) for a
1516		-	745
1517		-	photovoltaic system may not exceed:
1518		-	746
1519		-	(i) for a system installed on or after January 1, 2018, but on or before December 31,
1520		-	747
1521		-	2020, $1,600;
1522		-	748
1523		-	(ii) for a system installed on or after January 1, 2021, but on or before December 31,
1524		-	749
1525		-	2021, $1,200;
1526		-	750
1527		-	(iii) for a system installed on or after January 1, 2022, but on or before December 31,
1528		-	751
1529		-	2022, $800;
1530		-	752
1531		-	(iv) for a system installed on or after January 1, 2023, but on or before December 31,
1532		-	753
1533		-	2023, $400; and
1534		-	754
1535		-	(v) for a system installed on or after January 1, 2024, $0.
1536		-	755
1537		-	(e) If a taxpayer sells a residential unit to another person before the taxpayer claims the
1538		-	756
1539		-	tax credit under this Subsection (3):
1540		-	757
1541		-	(i) the taxpayer may assign the tax credit to the other person; and
1542		-	758
1543		-	(ii)(A) if the other person files a return under this chapter, the other person may
1544		-	759
1545		-	claim the tax credit under this section as if the other person had met the
1546		-	760
1547		-	requirements of this section to claim the tax credit; or
1548		-	761
1549		-	(B) if the other person files a return under Chapter 10, Individual Income Tax Act,
1550		-	762
1551		-	the other person may claim the tax credit under Section 59-10-1014 as if the
1552		-	763
1553		-	other person had met the requirements of Section 59-10-1014 to claim the tax
1554		-	764
1555		-	credit.
1556		-	765
1557		-	(4)(a) Subject to the other provisions of this Subsection (4), a taxpayer may claim a
1558		-	766
1559		-	refundable tax credit under this Subsection (4) with respect to a commercial energy
1560		-	767
1561		-	system if:
1562		-	768
1563		-	(i) the commercial energy system does not use:
1564		-	769
1565		-	(A) wind, geothermal electricity, solar, or biomass equipment capable of
1566		-	770
1567		-	producing a total of 660 or more kilowatts of electricity; or
1568		-	771
1569		-	(B) solar equipment capable of producing 2,000 or more kilowatts of electricity;
1570		-	772
1571		-	(ii) the taxpayer purchases or participates in the financing of the commercial energy
1572		-	773
1573		-	system;
1574		-	774
1575		-	(iii)(A) the commercial energy system supplies all or part of the energy required
1576		-	775
1577		-	by commercial units owned or used by the taxpayer; or
1578		-	- 23 - H.B. 60 Enrolled Copy
1579		-	776
1580		-	(B) the taxpayer sells all or part of the energy produced by the commercial energy
1581		-	777
1582		-	system as a commercial enterprise;
1583		-	778
1584		-	(iv) the taxpayer has not claimed and will not claim a tax credit under Subsection (7)
1585		-	779
1586		-	for hydrogen production using electricity for which the taxpayer claims a tax
1587		-	780
1588		-	credit under this Subsection (4); and
1589		-	781
1590		-	(v) the taxpayer obtains a written certification from the office in accordance with
1591		-	782
1592		-	Subsection (8).
1593		-	783
1594		-	(b)(i) Subject to Subsections (4)(b)(ii) through (iv), the tax credit is equal to 10% of
1595		-	784
1596		-	the reasonable costs of the commercial energy system.
1597		-	785
1598		-	(ii) A tax credit under this Subsection (4) may include installation costs.
1599		-	786
1600		-	(iii) A taxpayer is eligible to claim a tax credit under this Subsection (4) for the
1601		-	787
1602		-	taxable year in which the commercial energy system is completed and placed in
1603		-	788
1604		-	service.
1605		-	789
1606		-	(iv) The total amount of tax credit a taxpayer may claim under this Subsection (4)
1607		-	790
1608		-	may not exceed $50,000 per commercial unit.
1609		-	791
1610		-	(c)(i) Subject to Subsections (4)(c)(ii) and (iii), a taxpayer that is a lessee of a
1611		-	792
1612		-	commercial energy system installed on a commercial unit may claim a tax credit
1613		-	793
1614		-	under this Subsection (4) if the taxpayer confirms that the lessor irrevocably elects
1615		-	794
1616		-	not to claim the tax credit.
1617		-	795
1618		-	(ii) A taxpayer described in Subsection (4)(c)(i) may claim as a tax credit under this
1619		-	796
1620		-	Subsection (4) only the principal recovery portion of the lease payments.
1621		-	797
1622		-	(iii) A taxpayer described in Subsection (4)(c)(i) may claim a tax credit under this
1623		-	798
1624		-	Subsection (4) for a period that does not exceed seven taxable years after the day
1625		-	799
1626		-	on which the lease begins, as stated in the lease agreement.
1627		-	800
1628		-	(5)(a) Subject to the other provisions of this Subsection (5), a taxpayer may claim a
1629		-	801
1630		-	refundable tax credit under this Subsection (5) with respect to a commercial energy
1631		-	802
1632		-	system if:
1633		-	803
1634		-	(i) the commercial energy system uses wind, geothermal electricity, or biomass
1635		-	804
1636		-	equipment capable of producing a total of 660 or more kilowatts of electricity;
1637		-	805
1638		-	(ii)(A) the commercial energy system supplies all or part of the energy required by
1639		-	806
1640		-	commercial units owned or used by the taxpayer; or
1641		-	807
1642		-	(B) the taxpayer sells all or part of the energy produced by the commercial energy
1643		-	808
1644		-	system as a commercial enterprise;
1645		-	809
1646		-	(iii) the taxpayer has not claimed and will not claim a tax credit under Subsection (7)
1647		-	- 24 - Enrolled Copy H.B. 60
1648		-	810
1649		-	for hydrogen production using electricity for which the taxpayer claims a tax
1650		-	811
1651		-	credit under this Subsection (5); and
1652		-	812
1653		-	(iv) the taxpayer obtains a written certification from the office in accordance with
1654		-	813
1655		-	Subsection (8).
1656		-	814
1657		-	(b)(i) Subject to Subsection (5)(b)(ii), a tax credit under this Subsection (5) is equal
1658		-	815
1659		-	to the product of:
1660		-	816
1661		-	(A) 0.35 cents; and
1662		-	817
1663		-	(B) the kilowatt hours of electricity produced and used or sold during the taxable
1664		-	818
1665		-	year.
1666		-	819
1667		-	(ii) A taxpayer is eligible to claim a tax credit under this Subsection (5) for
1668		-	820
1669		-	production occurring during a period of 48 months beginning with the month in
1670		-	821
1671		-	which the commercial energy system is placed in commercial service.
1672		-	822
1673		-	(c) A taxpayer that is a lessee of a commercial energy system installed on a commercial
1674		-	823
1675		-	unit may claim a tax credit under this Subsection (5) if the taxpayer confirms that the
1676		-	824
1677		-	lessor irrevocably elects not to claim the tax credit.
1678		-	825
1679		-	(6)(a) Subject to the other provisions of this Subsection (6), a taxpayer may claim a
1680		-	826
1681		-	refundable tax credit as provided in this Subsection (6) if:
1682		-	827
1683		-	(i) the taxpayer owns a commercial energy system that uses solar equipment capable
1684		-	828
1685		-	of producing a total of 660 or more kilowatts of electricity;
1686		-	829
1687		-	(ii)(A) the commercial energy system supplies all or part of the energy required by
1688		-	830
1689		-	commercial units owned or used by the taxpayer; or
1690		-	831
1691		-	(B) the taxpayer sells all or part of the energy produced by the commercial energy
1692		-	832
1693		-	system as a commercial enterprise;
1694		-	833
1695		-	(iii) the taxpayer does not claim a tax credit under Subsection (4) and has not claimed
1696		-	834
1697		-	and will not claim a tax credit under Subsection (7) for hydrogen production using
1698		-	835
1699		-	electricity for which a taxpayer claims a tax credit under this Subsection (6); and
1700		-	836
1701		-	(iv) the taxpayer obtains a written certification from the office in accordance with
1702		-	837
1703		-	Subsection (8).
1704		-	838
1705		-	(b)(i) Subject to Subsection (6)(b)(ii), a tax credit under this Subsection (6) is equal
1706		-	839
1707		-	to the product of:
1708		-	840
1709		-	(A) 0.35 cents; and
1710		-	841
1711		-	(B) the kilowatt hours of electricity produced and used or sold during the taxable
1712		-	842
1713		-	year.
1714		-	843
1715		-	(ii) A taxpayer is eligible to claim a tax credit under this Subsection (6) for
1716		-	- 25 - H.B. 60 Enrolled Copy
1717		-	844
1718		-	production occurring during a period of 48 months beginning with the month in
1719		-	845
1720		-	which the commercial energy system is placed in commercial service.
1721		-	846
1722		-	(c) A taxpayer that is a lessee of a commercial energy system installed on a commercial
1723		-	847
1724		-	unit may claim a tax credit under this Subsection (6) if the taxpayer confirms that the
1725		-	848
1726		-	lessor irrevocably elects not to claim the tax credit.
1727		-	849
1728		-	(7)(a) A taxpayer may claim a refundable tax credit as provided in this Subsection (7) if:
1729		-	850
1730		-	(i) the taxpayer owns a hydrogen production system;
1731		-	851
1732		-	(ii) the hydrogen production system is completed and placed in service on or after
1733		-	852
1734		-	January 1, 2022;
1735		-	853
1736		-	(iii) the taxpayer sells as a commercial enterprise, or supplies for the taxpayer's own
1737		-	854
1738		-	use in commercial units, the hydrogen produced from the hydrogen production
1739		-	855
1740		-	system;
1741		-	856
1742		-	(iv) the taxpayer has not claimed and will not claim a tax credit under Subsection (4),
1743		-	857
1744		-	(5), or (6) or Section 59-7-626 for electricity or hydrogen used to meet the
1745		-	858
1746		-	requirements of this Subsection (7); and
1747		-	859
1748		-	(v) the taxpayer obtains a written certification from the office in accordance with
1749		-	860
1750		-	Subsection (8).
1751		-	861
1752		-	(b)(i) Subject to Subsections (7)(b)(ii) and (iii), a tax credit under this Subsection (7)
1753		-	862
1754		-	is equal to the product of:
1755		-	863
1756		-	(A) $0.12; and
1757		-	864
1758		-	(B) the number of kilograms of hydrogen produced during the taxable year.
1759		-	865
1760		-	(ii) A taxpayer may not receive a tax credit under this Subsection (7) for more than
1761		-	866
1762		-	5,600 metric tons of hydrogen per taxable year.
1763		-	867
1764		-	(iii) A taxpayer is eligible to claim a tax credit under this Subsection (7) for
1765		-	868
1766		-	production occurring during a period of 48 months beginning with the month in
1767		-	869
1768		-	which the hydrogen production system is placed in commercial service.
1769		-	870
1770		-	(8)(a) Before a taxpayer may claim a tax credit under this section, the taxpayer shall
1771		-	871
1772		-	obtain a written certification from the office.
1773		-	872
1774		-	(b) The office shall issue a taxpayer a written certification if the office determines that:
1775		-	873
1776		-	(i) the taxpayer meets the requirements of this section to receive a tax credit; and
1777		-	874
1778		-	(ii) the residential energy system, the commercial energy system, or the hydrogen
1779		-	875
1780		-	production system with respect to which the taxpayer seeks to claim a tax credit:
1781		-	876
1782		-	(A) has been completely installed;
1783		-	877
1784		-	(B) is a viable system for saving or producing energy from clean resources; and
1785		-	- 26 - Enrolled Copy H.B. 60
1786		-	878
1787		-	(C) is safe, reliable, efficient, and technically feasible to ensure that the residential
1788		-	879
1789		-	energy system, the commercial energy system, or the hydrogen production
1790		-	880
1791		-	system uses the state's clean and nonrenewable energy resources in an
1792		-	881
1793		-	appropriate and economic manner.
1794		-	882
1795		-	(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1796		-	883
1797		-	office may make rules:
1798		-	884
1799		-	(i) for determining whether a residential energy system, a commercial energy system,
1800		-	885
1801		-	or a hydrogen production system meets the requirements of Subsection (8)(b)(ii);
1802		-	886
1803		-	and
1804		-	887
1805		-	(ii) for purposes of a tax credit under Subsection (3) or (4), establishing the
1806		-	888
1807		-	reasonable costs of a residential energy system or a commercial energy system, as
1808		-	889
1809		-	an amount per unit of energy production.
1810		-	890
1811		-	(d) A taxpayer that obtains a written certification from the office shall retain the
1812		-	891
1813		-	certification for the same time period a person is required to keep books and records
1814		-	892
1815		-	under Section 59-1-1406.
1816		-	893
1817		-	(e) The office shall submit to the commission an electronic list that includes:
1818		-	894
1819		-	(i) the name and identifying information of each taxpayer to which the office issues a
1820		-	895
1821		-	written certification; and
1822		-	896
1823		-	(ii) for each taxpayer:
1824		-	897
1825		-	(A) the amount of the tax credit listed on the written certification; and
1826		-	898
1827		-	(B) the date the clean energy system was installed.
1828		-	899
1829		-	(9) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
1830		-	900
1831		-	commission may make rules to address the certification of a tax credit under this section.
1832		-	901
1833		-	(10) A tax credit under this section is in addition to any tax credits provided under the laws
1834		-	902
1835		-	or rules and regulations of the United States.
1836		-	903
1837		-	(11) A taxpayer may not claim or carry forward a tax credit described in this section in a
1838		-	904
1839		-	taxable year during which the taxpayer claims or carries forward a tax credit under
1840		-	905
1841		-	Section 59-7-614.7.
1842	1854		906
1843		-	~~Section 9.~~ ~~Section 59-7-614.10 is amended to read:~~
	1855	+	(a) "Business entity" means a corporation that meets the definition of "business entity"
1844	1856		907
1845		-	59-7-614.10 (Effective 05/07/25) (Applies beginning 01/01/25). Nonrefundable
	1857	+	as that term is defined in Section 63N-2-202.
	1858	+	- 27 - 4th Sub. (Green) H.B. 60 03-04 08:09
1846	1859		908
	1860	+	(b) "Office" means the Governor's Office of Economic Opportunity created in Section
	1861	+	909
	1862	+	63N-1a-301.
	1863	+	910
	1864	+	(2) Subject to the provisions of this section, for a taxable year beginning before January 1,
	1865	+	911
	1866	+	2025, a business entity may claim a nonrefundable enterprise zone tax credit as
	1867	+	912
	1868	+	described in Section 63N-2-213.
	1869	+	913
	1870	+	(3) The enterprise zone tax credit under this section is the amount listed as the tax credit
	1871	+	914
	1872	+	amount on the tax credit certificate that the office issues to the business entity for the
	1873	+	915
	1874	+	taxable year.
	1875	+	916
	1876	+	(4) A business entity may carry forward a tax credit under this section for a period that does
	1877	+	917
	1878	+	not exceed the next three taxable years, if the amount of the tax credit exceeds the
	1879	+	918
	1880	+	business entity's tax liability under this chapter for that taxable year.
	1881	+	919
	1882	+	(5)(a) In accordance with Section 59-7-159, the Revenue and Taxation Interim
	1883	+	920
	1884	+	Committee shall study the tax credit allowed by this section and make
	1885	+	921
	1886	+	recommendations concerning whether the tax credit should be continued, modified,
	1887	+	922
	1888	+	or repealed.
	1889	+	923
	1890	+	(b)(i) Except as provided in Subsection (5)(b)(ii), for purposes of the study required
	1891	+	924
	1892	+	by this Subsection (5), the office shall provide by electronic means the following
	1893	+	925
	1894	+	information for each calendar year to the Office of the Legislative Fiscal Analyst:
	1895	+	926
	1896	+	(A) the amount of tax credits provided in each development zone;
	1897	+	927
	1898	+	(B) the number of new full-time employee positions reported to obtain tax credits
	1899	+	928
	1900	+	in each development zone;
	1901	+	929
	1902	+	(C) the amount of tax credits awarded for rehabilitating a building in each
	1903	+	930
	1904	+	development zone;
	1905	+	931
	1906	+	(D) the amount of tax credits awarded for investing in a plant, equipment, or other
	1907	+	932
	1908	+	depreciable property in each development zone;
	1909	+	933
	1910	+	(E) the information related to the tax credit contained in the office's latest report
	1911	+	934
	1912	+	under Section 63N-1a-301; and
	1913	+	935
	1914	+	(F) any other information that the Office of the Legislative Fiscal Analyst requests.
	1915	+	936
	1916	+	(ii)(A) In providing the information described in Subsection (5)(b)(i), the office
	1917	+	937
	1918	+	shall redact information that identifies a recipient of a tax credit under this
	1919	+	938
	1920	+	section.
	1921	+	939
	1922	+	(B) If, notwithstanding the redactions made under Subsection (5)(b)(ii)(A),
	1923	+	940
	1924	+	reporting the information described in Subsection (5)(b)(i) might disclose the
	1925	+	941
	1926	+	identity of a recipient of a tax credit, the office may file a request with the
	1927	+	- 28 - 03-04 08:09 4th Sub. (Green) H.B. 60
	1928	+	942
	1929	+	Revenue and Taxation Interim Committee to provide the information described
	1930	+	943
	1931	+	in Subsection (5)(b)(i) in the aggregate for all development zones that receive
	1932	+	944
	1933	+	the tax credit under this section.
	1934	+	945
	1935	+	(c) As part of the study required by this Subsection (5), the Office of the Legislative
	1936	+	946
	1937	+	Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a
	1938	+	947
	1939	+	summary and analysis of the information provided to the Office of the Legislative
	1940	+	948
	1941	+	Fiscal Analyst by the office under Subsection (5)(b).
	1942	+	949
	1943	+	(d) The Revenue and Taxation Interim Committee shall ensure that the
	1944	+	950
	1945	+	recommendations described in Subsection (5)(a) include an evaluation of:
	1946	+	951
	1947	+	(i) the cost of the tax credit to the state;
	1948	+	952
	1949	+	(ii) the purpose and effectiveness of the tax credit; and
	1950	+	953
	1951	+	(iii) the extent to which the state benefits from the tax credit.
	1952	+	954
	1953	+	Section 10. Section 59-10-104.1 is amended to read:
	1954	+	955
	1955	+	59-10-104.1 (Effective 01/01/26). Exemption from taxation.
	1956	+	956
	1957	+	(1) For purposes of this section:
	1958	+	957
	1959	+	(a) "Modified adjusted gross income" means the amount calculated by:
	1960	+	958
	1961	+	(i) adding the individual's adjusted gross income on the individual's federal individual
	1962	+	959
	1963	+	income tax return for the taxable year and any additions required by Section
	1964	+	960
	1965	+	59-10-114 for the taxable year; and
	1966	+	961
	1967	+	(ii) subtracting from the amount calculated in accordance with Subsection (1)(a)(i),
	1968	+	962
	1969	+	any subtractions required by Section 59-10-114 for the taxable year.
	1970	+	963
	1971	+	(b) "Personal exemptions" means the total exemption amount an individual is allowed to
	1972	+	964
	1973	+	claim for the taxable year under Section 151, Internal Revenue Code, for:
	1974	+	965
	1975	+	(i) the individual;
	1976	+	966
	1977	+	(ii) the individual's spouse; and
	1978	+	967
	1979	+	(iii) the individual's dependents.
	1980	+	968
	1981	+	[(b)] (c) "Standard deduction":
	1982	+	969
	1983	+	(i) means the standard deduction an individual is allowed to claim for the taxable
	1984	+	970
	1985	+	year under Section 63, Internal Revenue Code; and
	1986	+	971
	1987	+	(ii) notwithstanding Subsection [(1)(b)(i)] (1)(c)(i), does not include an additional
	1988	+	972
	1989	+	amount allowed under Section 63(f), Internal Revenue Code, for an individual or
	1990	+	973
	1991	+	an individual's spouse who is:
	1992	+	974
	1993	+	(A) blind; or
	1994	+	975
	1995	+	(B) 65 years of age or older.
	1996	+	- 29 - 4th Sub. (Green) H.B. 60 03-04 08:09
	1997	+	976
	1998	+	(2) [For taxable years beginning on or after January 1, 2002, an] An individual is exempt
	1999	+	977
	2000	+	from a tax imposed by Section 59-10-104 or 59-10-116 if the individual's [adjusted
	2001	+	978
	2002	+	gross income on the individual's federal individual income tax return for the taxable year]
	2003	+	979
	2004	+	modified adjusted gross income is less than or equal to the sum of the individual's:
	2005	+	980
	2006	+	(a) personal exemptions for that taxable year; and
	2007	+	981
	2008	+	(b) standard deduction for that taxable year.
	2009	+	982
	2010	+	Section 11. Section 59-10-114 is amended to read:
	2011	+	983
	2012	+	59-10-114 (Effective 01/01/26). Additions to and subtractions from adjusted
	2013	+	984
	2014	+	gross income of an individual.
	2015	+	985
	2016	+	(1) There shall be added to adjusted gross income of a resident or nonresident individual:
	2017	+	986
	2018	+	(a) a lump sum distribution that the taxpayer does not include in adjusted gross income
	2019	+	987
	2020	+	on the taxpayer's federal individual income tax return for the taxable year;
	2021	+	988
	2022	+	(b) the amount of a child's income calculated under Subsection (4) that:
	2023	+	989
	2024	+	(i) a parent elects to report on the parent's federal individual income tax return for the
	2025	+	990
	2026	+	taxable year; and
	2027	+	991
	2028	+	(ii) the parent does not include in adjusted gross income on the parent's federal
	2029	+	992
	2030	+	individual income tax return for the taxable year;
	2031	+	993
	2032	+	(c)(i) a withdrawal from a medical care savings account and any penalty imposed for
	2033	+	994
	2034	+	the taxable year if:
	2035	+	995
	2036	+	(A) the resident or nonresident individual does not deduct the amounts on the
	2037	+	996
	2038	+	resident or nonresident individual's federal individual income tax return under
	2039	+	997
	2040	+	Section 220, Internal Revenue Code;
	2041	+	998
	2042	+	(B) the withdrawal is subject to Subsections 31A-32a-105(1) and (2); and
	2043	+	999
	2044	+	(C) the withdrawal is subtracted on, or used as the basis for claiming a tax credit
	2045	+	1000
	2046	+	on, a return the resident or nonresident individual files under this chapter;
	2047	+	1001
	2048	+	(ii) a disbursement required to be added to adjusted gross income in accordance with
	2049	+	1002
	2050	+	Subsection 31A-32a-105(3); or
	2051	+	1003
	2052	+	(iii) an amount required to be added to adjusted gross income in accordance with
	2053	+	1004
	2054	+	Subsection 31A-32a-105(5)(c);
	2055	+	1005
	2056	+	(d) the amount withdrawn under Title 53B, Chapter 8a, Utah Educational Savings Plan,
	2057	+	1006
	2058	+	from the account of a resident or nonresident individual who is an account owner as
	2059	+	1007
	2060	+	defined in Section 53B-8a-102, for the taxable year for which the amount is
	2061	+	1008
	2062	+	withdrawn, if that amount withdrawn from the account of the resident or nonresident
	2063	+	1009
	2064	+	individual who is the account owner:
	2065	+	- 30 - 03-04 08:09 4th Sub. (Green) H.B. 60
	2066	+	1010
	2067	+	(i) is not expended for:
	2068	+	1011
	2069	+	(A) higher education costs as defined in Section 53B-8a-102.5; or
	2070	+	1012
	2071	+	(B) a payment or distribution that qualifies as an exception to the additional tax
	2072	+	1013
	2073	+	for distributions not used for educational expenses provided in Sections 529(c)
	2074	+	1014
	2075	+	and 530(d), Internal Revenue Code; and
	2076	+	1015
	2077	+	(ii) is:
	2078	+	1016
	2079	+	(A) subtracted by the resident or nonresident individual:
	2080	+	1017
	2081	+	(I) who is the account owner; and
	2082	+	1018
	2083	+	(II) on the resident or nonresident individual's return filed under this chapter
	2084	+	1019
	2085	+	for a taxable year beginning on or before December 31, 2007; or
	2086	+	1020
	2087	+	(B) used as the basis for the resident or nonresident individual who is the account
	2088	+	1021
	2089	+	owner to claim a tax credit under Section 59-10-1017;
	2090	+	1022
	2091	+	(e) except as provided in Subsection (5), for bonds, notes, and other evidences of
	2092	+	1023
	2093	+	indebtedness acquired on or after January 1, 2003, the interest from bonds, notes, and
	2094	+	1024
	2095	+	other evidences of indebtedness:
	2096	+	1025
	2097	+	(i) issued by one or more of the following entities:
	2098	+	1026
	2099	+	(A) a state other than this state;
	2100	+	1027
	2101	+	(B) the District of Columbia;
	2102	+	1028
	2103	+	(C) a political subdivision of a state other than this state; or
	2104	+	1029
	2105	+	(D) an agency or instrumentality of an entity described in Subsections (1)(e)(i)(A)
	2106	+	1030
	2107	+	through (C); and
	2108	+	1031
	2109	+	(ii) to the extent the interest is not included in adjusted gross income on the taxpayer's
	2110	+	1032
	2111	+	federal income tax return for the taxable year;
	2112	+	1033
	2113	+	(f) subject to Subsection (2)(c), any distribution received by a resident beneficiary of a
	2114	+	1034
	2115	+	resident trust of income that was taxed at the trust level for federal tax purposes, but
	2116	+	1035
	2117	+	was subtracted from state taxable income of the trust pursuant to Subsection
	2118	+	1036
	2119	+	59-10-202(2)(b);
	2120	+	1037
	2121	+	(g) any distribution received by a resident beneficiary of a nonresident trust of
	2122	+	1038
	2123	+	undistributed distributable net income realized by the trust on or after January 1,
	2124	+	1039
	2125	+	2004, if that undistributed distributable net income was taxed at the trust level for
	2126	+	1040
	2127	+	federal tax purposes, but was not taxed at the trust level by any state, with
	2128	+	1041
	2129	+	undistributed distributable net income considered to be distributed from the most
	2130	+	1042
	2131	+	recently accumulated undistributed distributable net income;
	2132	+	1043
	2133	+	(h) any adoption expense:
	2134	+	- 31 - 4th Sub. (Green) H.B. 60 03-04 08:09
	2135	+	1044
	2136	+	(i) for which a resident or nonresident individual receives reimbursement from
	2137	+	1045
	2138	+	another person; and
	2139	+	1046
	2140	+	(ii) to the extent to which the resident or nonresident individual subtracts that
	2141	+	1047
	2142	+	adoption expense:
	2143	+	1048
	2144	+	(A) on a return filed under this chapter for a taxable year beginning on or before
	2145	+	1049
	2146	+	December 31, 2007; or
	2147	+	1050
	2148	+	(B) from federal taxable income on a federal individual income tax return;
	2149	+	1051
	2150	+	(i) the amount of tax paid on income attributed to the individual in accordance with
	2151	+	1052
	2152	+	Subsection 59-10-1403.2(2) that is not included in adjusted gross income; and
	2153	+	1053
	2154	+	(j) the amount of tax paid:
	2155	+	1054
	2156	+	(i) on income attributed to the individual and taxable in this state, that is not included
	2157	+	1055
	2158	+	in adjusted gross income;
	2159	+	1056
	2160	+	(ii) to another state; and
	2161	+	1057
	2162	+	(iii) that the commission determines is substantially similar to the tax imposed under
	2163	+	1058
	2164	+	Subsection 59-10-1403.2(2).
	2165	+	1059
	2166	+	(2) There shall be subtracted from adjusted gross income of a resident or nonresident
	2167	+	1060
	2168	+	individual:
	2169	+	1061
	2170	+	(a) the difference between:
	2171	+	1062
	2172	+	(i) the interest or a dividend on an obligation or security of the United States or an
	2173	+	1063
	2174	+	authority, commission, instrumentality, or possession of the United States, to the
	2175	+	1064
	2176	+	extent that interest or dividend is:
	2177	+	1065
	2178	+	(A) included in adjusted gross income for federal income tax purposes for the
	2179	+	1066
	2180	+	taxable year; and
	2181	+	1067
	2182	+	(B) exempt from state income taxes under the laws of the United States; and
	2183	+	1068
	2184	+	(ii) any interest on indebtedness incurred or continued to purchase or carry the
	2185	+	1069
	2186	+	obligation or security described in Subsection (2)(a)(i);
	2187	+	1070
	2188	+	(b) if the conditions of Subsection (3)(a) are met, the amount of income derived by a Ute
	2189	+	1071
	2190	+	tribal member:
	2191	+	1072
	2192	+	(i) during a time period that the Ute tribal member resides on homesteaded land
	2193	+	1073
	2194	+	diminished from the Uintah and Ouray Reservation; and
	2195	+	1074
	2196	+	(ii) from a source within the Uintah and Ouray Reservation;
	2197	+	1075
	2198	+	(c) an amount received by a resident or nonresident individual or distribution received
	2199	+	1076
	2200	+	by a resident or nonresident beneficiary of a resident trust:
	2201	+	1077
	2202	+	(i) if that amount or distribution constitutes a refund of taxes imposed by:
	2203	+	- 32 - 03-04 08:09 4th Sub. (Green) H.B. 60
	2204	+	1078
	2205	+	(A) a state; or
	2206	+	1079
	2207	+	(B) the District of Columbia; and
	2208	+	1080
	2209	+	(ii) to the extent that amount or distribution is included in adjusted gross income for
	2210	+	1081
	2211	+	that taxable year on the federal individual income tax return of the resident or
	2212	+	1082
	2213	+	nonresident individual or resident or nonresident beneficiary of a resident trust;
	2214	+	1083
	2215	+	(d) the amount of a railroad retirement benefit:
	2216	+	1084
	2217	+	(i) paid:
	2218	+	1085
	2219	+	(A) in accordance with The Railroad Retirement Act of 1974, 45 U.S.C. Sec. 231
	2220	+	1086
	2221	+	et seq.;
	2222	+	1087
	2223	+	(B) to a resident or nonresident individual; and
	2224	+	1088
	2225	+	(C) for the taxable year; and
	2226	+	1089
	2227	+	(ii) to the extent that railroad retirement benefit is included in adjusted gross income
	2228	+	1090
	2229	+	on that resident or nonresident individual's federal individual income tax return for
	2230	+	1091
	2231	+	that taxable year;
	2232	+	1092
	2233	+	(e) an amount:
	2234	+	1093
	2235	+	(i) received by an enrolled member of an American Indian tribe; and
	2236	+	1094
	2237	+	(ii) to the extent that the state is not authorized or permitted to impose a tax under this
	2238	+	1095
	2239	+	part on that amount in accordance with:
	2240	+	1096
	2241	+	(A) federal law;
	2242	+	1097
	2243	+	(B) a treaty; or
	2244	+	1098
	2245	+	(C) a final decision issued by a court of competent jurisdiction;
	2246	+	1099
	2247	+	(f) an amount received:
	2248	+	1100
	2249	+	(i) for the interest on a bond, note, or other obligation issued by an entity for which
	2250	+	1101
	2251	+	state statute provides an exemption of interest on its bonds from state individual
	2252	+	1102
	2253	+	income tax;
	2254	+	1103
	2255	+	(ii) by a resident or nonresident individual;
	2256	+	1104
	2257	+	(iii) for the taxable year; and
	2258	+	1105
	2259	+	(iv) to the extent the amount is included in adjusted gross income on the taxpayer's
	2260	+	1106
	2261	+	federal income tax return for the taxable year;
	2262	+	1107
	2263	+	(g) the amount of all income, including income apportioned to another state, of a
	2264	+	1108
	2265	+	nonmilitary spouse of an active duty military member if:
	2266	+	1109
	2267	+	(i) both the nonmilitary spouse and the active duty military member are nonresident
	2268	+	1110
	2269	+	individuals;
	2270	+	1111
	2271	+	(ii) the active duty military member is stationed in Utah;
	2272	+	- 33 - 4th Sub. (Green) H.B. 60 03-04 08:09
	2273	+	1112
	2274	+	(iii) the nonmilitary spouse is subject to the residency provisions of 50 U.S.C. Sec.
	2275	+	1113
	2276	+	4001(a)(2); and
	2277	+	1114
	2278	+	(iv) the income is included in adjusted gross income for federal income tax purposes
	2279	+	1115
	2280	+	for the taxable year;
	2281	+	1116
	2282	+	[(h) for a taxable year beginning on or after January 1, 2019, but beginning on or before
	2283	+	1117
	2284	+	December 31, 2019, only:]
	2285	+	1118
	2286	+	[(i) the amount of any FDIC premium paid or incurred by the taxpayer that is
	2287	+	1119
	2288	+	disallowed as a deduction for federal income tax purposes under Section 162(r),
	2289	+	1120
	2290	+	Internal Revenue Code, on the taxpayer's 2018 federal income tax return; plus]
	2291	+	1121
	2292	+	[(ii) the amount of any FDIC premium paid or incurred by the taxpayer that is
	2293	+	1122
	2294	+	disallowed as a deduction for federal income tax purposes under Section 162(r),
	2295	+	1123
	2296	+	Internal Revenue Code, for the taxable year;]
	2297	+	1124
	2298	+	[(i)] (h) [for a taxable year beginning on or after January 1, 2020, ]the amount of any
	2299	+	1125
	2300	+	FDIC premium paid or incurred by the taxpayer that is disallowed as a deduction for
	2301	+	1126
	2302	+	federal income tax purposes under Section 162(r), Internal Revenue Code, for the
	2303	+	1127
	2304	+	taxable year;[ and]
	2305	+	1128
	2306	+	[(j)] (i) an amount of a distribution from a qualified retirement plan under Section 401(a),
	2307	+	1129
	2308	+	Internal Revenue Code, if:
	2309	+	1130
	2310	+	(i) the amount of the distribution is included in adjusted gross income on the resident
	2311	+	1131
	2312	+	or nonresident individual's federal individual income tax return for the taxable
	2313	+	1132
	2314	+	year; and
	2315	+	1133
	2316	+	(ii) for the taxable year when the amount of the distribution was contributed to the
	2317	+	1134
	2318	+	qualified retirement plan, the amount of the distribution:
	2319	+	1135
	2320	+	(A) was not included in adjusted gross income on the resident or nonresident
	2321	+	1136
	2322	+	individual's federal individual income tax return for the taxable year; and
	2323	+	1137
	2324	+	(B) was taxed by another state of the United States, the District of Columbia, or a
	2325	+	1138
	2326	+	possession of the United States[.] ; and
	2327	+	1139
	2328	+	(j) the amount of any repayment in the current taxable year of social security income
	2329	+	1140
	2330	+	received in a previous taxable year if:
	2331	+	1141
	2332	+	(i) the individual claimed a credit for the repayment on the individual's federal
	2333	+	1142
	2334	+	individual income tax return for the current taxable year; and
	2335	+	1143
	2336	+	(ii) the individual did not claim a tax credit under Section 59-10-1042 for the taxable
	2337	+	1144
	2338	+	year in which the individual received the social security income.
	2339	+	1145
	2340	+	(3)(a) A subtraction for an amount described in Subsection (2)(b) is allowed only if:
	2341	+	- 34 - 03-04 08:09 4th Sub. (Green) H.B. 60
	2342	+	1146
	2343	+	(i) the taxpayer is a Ute tribal member; and
	2344	+	1147
	2345	+	(ii) the governor and the Ute tribe execute and maintain an agreement meeting the
	2346	+	1148
	2347	+	requirements of this Subsection (3).
	2348	+	1149
	2349	+	(b) The agreement described in Subsection (3)(a):
	2350	+	1150
	2351	+	(i) may not:
	2352	+	1151
	2353	+	(A) authorize the state to impose a tax in addition to a tax imposed under this
	2354	+	1152
	2355	+	chapter;
	2356	+	1153
	2357	+	(B) provide a subtraction under this section greater than or different from the
	2358	+	1154
	2359	+	subtraction described in Subsection (2)(b); or
	2360	+	1155
	2361	+	(C) affect the power of the state to establish rates of taxation; and
	2362	+	1156
	2363	+	(ii) shall:
	2364	+	1157
	2365	+	(A) provide for the implementation of the subtraction described in Subsection
	2366	+	1158
	2367	+	(2)(b);
	2368	+	1159
	2369	+	(B) be in writing;
	2370	+	1160
	2371	+	(C) be signed by:
	2372	+	1161
	2373	+	(I) the governor; and
	2374	+	1162
	2375	+	(II) the chair of the Business Committee of the Ute tribe;
	2376	+	1163
	2377	+	(D) be conditioned on obtaining any approval required by federal law; and
	2378	+	1164
	2379	+	(E) state the effective date of the agreement.
	2380	+	1165
	2381	+	(c)(i) The governor shall report to the commission by no later than February 1 of each
	2382	+	1166
	2383	+	year regarding whether or not an agreement meeting the requirements of this
	2384	+	1167
	2385	+	Subsection (3) is in effect.
	2386	+	1168
	2387	+	(ii) If an agreement meeting the requirements of this Subsection (3) is terminated, the
	2388	+	1169
	2389	+	subtraction permitted under Subsection (2)(b) is not allowed for taxable years
	2390	+	1170
	2391	+	beginning on or after the January 1 following the termination of the agreement.
	2392	+	1171
	2393	+	(d) For purposes of Subsection (2)(b) and in accordance with Title 63G, Chapter 3, Utah
	2394	+	1172
	2395	+	Administrative Rulemaking Act, the commission may make rules:
	2396	+	1173
	2397	+	(i) for determining whether income is derived from a source within the Uintah and
	2398	+	1174
	2399	+	Ouray Reservation; and
	2400	+	1175
	2401	+	(ii) that are substantially similar to how adjusted gross income derived from Utah
	2402	+	1176
	2403	+	sources is determined under Section 59-10-117.
	2404	+	1177
	2405	+	(4)(a) For purposes of this Subsection (4), "Form 8814" means:
	2406	+	1178
	2407	+	(i) the federal individual income tax Form 8814, Parents' Election To Report Child's
	2408	+	1179
	2409	+	Interest and Dividends; or
	2410	+	- 35 - 4th Sub. (Green) H.B. 60 03-04 08:09
	2411	+	1180
	2412	+	(ii)(A) a form designated by the commission in accordance with Subsection
	2413	+	1181
	2414	+	(4)(a)(ii)(B) as being substantially similar to 2000 Form 8814 if for purposes of
	2415	+	1182
	2416	+	federal individual income taxes the information contained on 2000 Form 8814
	2417	+	1183
	2418	+	is reported on a form other than Form 8814; and
	2419	+	1184
	2420	+	(B) for purposes of Subsection (4)(a)(ii)(A) and in accordance with Title 63G,
	2421	+	1185
	2422	+	Chapter 3, Utah Administrative Rulemaking Act, the commission may make
	2423	+	1186
	2424	+	rules designating a form as being substantially similar to 2000 Form 8814 if for
	2425	+	1187
	2426	+	purposes of federal individual income taxes the information contained on 2000
	2427	+	1188
	2428	+	Form 8814 is reported on a form other than Form 8814.
	2429	+	1189
	2430	+	(b) The amount of a child's income added to adjusted gross income under Subsection
	2431	+	1190
	2432	+	(1)(b) is equal to the difference between:
	2433	+	1191
	2434	+	(i) the lesser of:
	2435	+	1192
	2436	+	(A) the base amount specified on Form 8814; and
	2437	+	1193
	2438	+	(B) the sum of the following reported on Form 8814:
	2439	+	1194
	2440	+	(I) the child's taxable interest;
	2441	+	1195
	2442	+	(II) the child's ordinary dividends; and
	2443	+	1196
	2444	+	(III) the child's capital gain distributions; and
	2445	+	1197
	2446	+	(ii) the amount not taxed that is specified on Form 8814.
	2447	+	1198
	2448	+	(5) Notwithstanding Subsection (1)(e), interest from bonds, notes, and other evidences of
	2449	+	1199
	2450	+	indebtedness issued by an entity described in Subsections (1)(e)(i)(A) through (D) may
	2451	+	1200
	2452	+	not be added to adjusted gross income of a resident or nonresident individual if, as
	2453	+	1201
	2454	+	annually determined by the commission:
	2455	+	1202
	2456	+	(a) for an entity described in Subsection (1)(e)(i)(A) or (B), the entity and all of the
	2457	+	1203
	2458	+	political subdivisions, agencies, or instrumentalities of the entity do not impose a tax
	2459	+	1204
	2460	+	based on income on any part of the bonds, notes, and other evidences of indebtedness
	2461	+	1205
	2462	+	of this state; or
	2463	+	1206
	2464	+	(b) for an entity described in Subsection (1)(e)(i)(C) or (D), the following do not impose
	2465	+	1207
	2466	+	a tax based on income on any part of the bonds, notes, and other evidences of
	2467	+	1208
	2468	+	indebtedness of this state:
	2469	+	1209
	2470	+	(i) the entity; or
	2471	+	1210
	2472	+	(ii)(A) the state in which the entity is located; or
	2473	+	1211
	2474	+	(B) the District of Columbia, if the entity is located within the District of
	2475	+	1212
	2476	+	Columbia.
	2477	+	1213
	2478	+	Section 12. Section 59-10-510 is amended to read:
	2479	+	- 36 - 03-04 08:09 4th Sub. (Green) H.B. 60
	2480	+	1214
	2481	+	59-10-510 (Effective 01/01/26). Return of electing small business corporation.
	2482	+	1215
	2483	+	An electing small business corporation, as defined in Section [1371(a)(2)] 1362, Internal
	2484	+	1216
	2485	+	Revenue Code, shall make a return for each taxable year, stating specifically:
	2486	+	1217
	2487	+	(1) the items of the electing small business corporation's gross income and the deductions
	2488	+	1218
	2489	+	allowable by Subtitle A, Internal Revenue Code;
	2490	+	1219
	2491	+	(2) the names and addresses of all persons owning stock in the electing small business
	2492	+	1220
	2493	+	corporation at any time during the taxable year;
	2494	+	1221
	2495	+	(3) the number of shares of stock owned by each shareholder at all times during the taxable
	2496	+	1222
	2497	+	year to each shareholder;
	2498	+	1223
	2499	+	(4) the date of each distribution to a shareholder; and
	2500	+	1224
	2501	+	(5) other information as the commission may prescribe by:
	2502	+	1225
	2503	+	(a) form; or
	2504	+	1226
	2505	+	(b) administrative rule made in accordance with Title 63G, Chapter 3, Utah
	2506	+	1227
	2507	+	Administrative Rulemaking Act.
	2508	+	1228
	2509	+	Section 13. Section 59-10-1037 is amended to read:
	2510	+	1229
	2511	+	59-10-1037 (Effective 05/07/25) (Applies beginning 01/01/25). Nonrefundable
	2512	+	1230
1847	2513		enterprise zone tax credit.
1848		-	~~909~~
	2514	+	1231
1849	2515		(1) As used in this section:
1850		-	910
1851		-	(a) "Business entity" means a corporation that meets the definition of "business entity"
1852		-	911
1853		-	as that term is defined in Section 63N-2-202.
1854		-	- 27 - H.B. 60 Enrolled Copy
1855		-	912
	2516	+	1232
	2517	+	(a) "Business entity" means a claimant, estate, or trust that meets the definition of
	2518	+	1233
	2519	+	"business entity" as that term is defined in Section 63N-2-202.
	2520	+	1234
1856	2521		(b) "Office" means the Governor's Office of Economic Opportunity created in Section
1857		-	~~913~~
	2522	+	1235
1858	2523		63N-1a-301.
1859		-	~~914~~
	2524	+	1236
1860	2525		(2) Subject to the provisions of this section, for a taxable year beginning before January 1,
1861		-	~~915~~
	2526	+	1237
1862	2527		2025, a business entity may claim a nonrefundable enterprise zone tax credit as
1863		-	~~916~~
	2528	+	1238
1864	2529		described in Section 63N-2-213.
1865		-	~~917~~
	2530	+	1239
1866	2531		(3) The enterprise zone tax credit under this section is the amount listed as the tax credit
1867		-	~~918~~
	2532	+	1240
1868	2533		amount on the tax credit certificate that the office issues to the business entity for the
1869		-	~~919~~
	2534	+	1241
1870	2535		taxable year.
1871		-	~~920~~
	2536	+	1242
1872	2537		(4) A business entity may carry forward a tax credit under this section for a period that does
1873		-	~~921~~
	2538	+	1243
1874	2539		not exceed the next three taxable years, if the amount of the tax credit exceeds the
1875		-	~~922~~
	2540	+	1244
1876	2541		business entity's tax liability under this chapter for that taxable year.
1877		-	~~923~~
1878		-	(5)(a) In accordance with Section 59-~~7-159~~, the Revenue and Taxation Interim
1879		-	~~924~~
	2542	+	1245
	2543	+	(5)(a) In accordance with Section 59-10-137, the Revenue and Taxation Interim
	2544	+	1246
1880	2545		Committee shall study the tax credit allowed by this section and make
1881		-	~~925~~
	2546	+	1247
1882	2547		recommendations concerning whether the tax credit should be continued, modified,
1883		-	926
	2548	+	- 37 - 4th Sub. (Green) H.B. 60 03-04 08:09
	2549	+	1248
1884	2550		or repealed.
1885		-	~~927~~
	2551	+	1249
1886	2552		(b)(i) Except as provided in Subsection (5)(b)(ii), for purposes of the study required
1887		-	~~928~~
	2553	+	1250
1888	2554		by this Subsection (5), the office shall provide by electronic means the following
1889		-	929
1890		-	information for each calendar year to the Office of the Legislative Fiscal Analyst:
1891		-	930
	2555	+	1251
	2556	+	information, if available to the office, for each calendar year to the Office of the
	2557	+	1252
	2558	+	Legislative Fiscal Analyst:
	2559	+	1253
1892	2560		(A) the amount of tax credits provided in each development zone;
1893		-	~~931~~
	2561	+	1254
1894	2562		(B) the number of new full-time employee positions reported to obtain tax credits
1895		-	~~932~~
	2563	+	1255
1896	2564		in each development zone;
1897		-	~~933~~
	2565	+	1256
1898	2566		(C) the amount of tax credits awarded for rehabilitating a building in each
1899		-	~~934~~
	2567	+	1257
1900	2568		development zone;
1901		-	~~935~~
	2569	+	1258
1902	2570		(D) the amount of tax credits awarded for investing in a plant, equipment, or other
1903		-	~~936~~
	2571	+	1259
1904	2572		depreciable property in each development zone;
1905		-	~~937~~
	2573	+	1260
1906	2574		(E) the information related to the tax credit contained in the office's latest report
1907		-	~~938~~
1908		-	under Section 63N-1a-~~301~~; and
1909		-	~~939~~
1910		-	(F) ~~any~~ other information that the Office of the Legislative Fiscal Analyst requests.
1911		-	~~940~~
	2575	+	1261
	2576	+	under Section 63N-1a-306; and
	2577	+	1262
	2578	+	(F) other information that the Office of the Legislative Fiscal Analyst requests.
	2579	+	1263
1912	2580		(ii)(A) In providing the information described in Subsection (5)(b)(i), the office
1913		-	~~941~~
	2581	+	1264
1914	2582		shall redact information that identifies a recipient of a tax credit under this
1915		-	~~942~~
	2583	+	1265
1916	2584		section.
1917		-	~~943~~
	2585	+	1266
1918	2586		(B) If, notwithstanding the redactions made under Subsection (5)(b)(ii)(A),
1919		-	~~944~~
	2587	+	1267
1920	2588		reporting the information described in Subsection (5)(b)(i) might disclose the
1921		-	~~945~~
	2589	+	1268
1922	2590		identity of a recipient of a tax credit, the office may file a request with the
1923		-	- 28 - Enrolled Copy H.B. 60
1924		-	946
	2591	+	1269
1925	2592		Revenue and Taxation Interim Committee to provide the information described
1926		-	~~947~~
	2593	+	1270
1927	2594		in Subsection (5)(b)(i) in the aggregate for all development zones that receive
1928		-	~~948~~
	2595	+	1271
1929	2596		the tax credit under this section.
1930		-	~~949~~
	2597	+	1272
1931	2598		(c) As part of the study required by this Subsection (5), the Office of the Legislative
1932		-	~~950~~
	2599	+	1273
1933	2600		Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a
1934		-	~~951~~
	2601	+	1274
1935	2602		summary and analysis of the information provided to the Office of the Legislative
1936		-	~~952~~
	2603	+	1275
1937	2604		Fiscal Analyst by the office under Subsection (5)(b).
1938		-	~~953~~
	2605	+	1276
1939	2606		(d) The Revenue and Taxation Interim Committee shall ensure that the
1940		-	~~954~~
	2607	+	1277
1941	2608		recommendations described in Subsection (5)(a) include an evaluation of:
1942		-	~~955~~
	2609	+	1278
1943	2610		(i) the cost of the tax credit to the state;
1944		-	~~956~~
	2611	+	1279
1945	2612		(ii) the purpose and effectiveness of the tax credit; and
1946		-	~~957~~
	2613	+	1280
1947	2614		(iii) the extent to which the state benefits from the tax credit.
1948		-	958
1949		-	Section 10. Section 59-10-104.1 is amended to read:
1950		-	959
1951		-	59-10-104.1 (Effective 01/01/26). Exemption from taxation.
1952		-	960
1953		-	(1) For purposes of this section:
1954		-	961
1955		-	(a) "Modified adjusted gross income" means the amount calculated by:
1956		-	962
1957		-	(i) adding the individual's adjusted gross income on the individual's federal individual
1958		-	963
1959		-	income tax return for the taxable year and any additions required by Section
1960		-	964
1961		-	59-10-114 for the taxable year; and
1962		-	965
1963		-	(ii) subtracting from the amount calculated in accordance with Subsection (1)(a)(i),
1964		-	966
1965		-	any subtractions required by Section 59-10-114 for the taxable year.
1966		-	967
1967		-	(b) "Personal exemptions" means the total exemption amount an individual is allowed to
1968		-	968
1969		-	claim for the taxable year under Section 151, Internal Revenue Code, for:
1970		-	969
1971		-	(i) the individual;
1972		-	970
1973		-	(ii) the individual's spouse; and
1974		-	971
1975		-	(iii) the individual's dependents.
1976		-	972
1977		-	[(b)] (c) "Standard deduction":
1978		-	973
1979		-	(i) means the standard deduction an individual is allowed to claim for the taxable
1980		-	974
1981		-	year under Section 63, Internal Revenue Code; and
1982		-	975
1983		-	(ii) notwithstanding Subsection [(1)(b)(i)] (1)(c)(i), does not include an additional
1984		-	976
1985		-	amount allowed under Section 63(f), Internal Revenue Code, for an individual or
1986		-	977
1987		-	an individual's spouse who is:
1988		-	978
1989		-	(A) blind; or
1990		-	979
1991		-	(B) 65 years of age or older.
1992		-	- 29 - H.B. 60 Enrolled Copy
1993		-	980
1994		-	(2) [For taxable years beginning on or after January 1, 2002, an] An individual is exempt
1995		-	981
1996		-	from a tax imposed by Section 59-10-104 or 59-10-116 if the individual's [adjusted
1997		-	982
1998		-	gross income on the individual's federal individual income tax return for the taxable year]
1999		-	983
2000		-	modified adjusted gross income is less than or equal to the sum of the individual's:
2001		-	984
2002		-	(a) personal exemptions for that taxable year; and
2003		-	985
2004		-	(b) standard deduction for that taxable year.
2005		-	986
2006		-	Section 11. Section 59-10-114 is amended to read:
2007		-	987
2008		-	59-10-114 (Effective 01/01/26). Additions to and subtractions from adjusted
2009		-	988
2010		-	gross income of an individual.
2011		-	989
2012		-	(1) There shall be added to adjusted gross income of a resident or nonresident individual:
2013		-	990
2014		-	(a) a lump sum distribution that the taxpayer does not include in adjusted gross income
2015		-	991
2016		-	on the taxpayer's federal individual income tax return for the taxable year;
2017		-	992
2018		-	(b) the amount of a child's income calculated under Subsection (4) that:
2019		-	993
2020		-	(i) a parent elects to report on the parent's federal individual income tax return for the
2021		-	994
2022		-	taxable year; and
2023		-	995
2024		-	(ii) the parent does not include in adjusted gross income on the parent's federal
2025		-	996
2026		-	individual income tax return for the taxable year;
2027		-	997
2028		-	(c)(i) a withdrawal from a medical care savings account and any penalty imposed for
2029		-	998
2030		-	the taxable year if:
2031		-	999
2032		-	(A) the resident or nonresident individual does not deduct the amounts on the
2033		-	1000
2034		-	resident or nonresident individual's federal individual income tax return under
2035		-	1001
2036		-	Section 220, Internal Revenue Code;
2037		-	1002
2038		-	(B) the withdrawal is subject to Subsections 31A-32a-105(1) and (2); and
2039		-	1003
2040		-	(C) the withdrawal is subtracted on, or used as the basis for claiming a tax credit
2041		-	1004
2042		-	on, a return the resident or nonresident individual files under this chapter;
2043		-	1005
2044		-	(ii) a disbursement required to be added to adjusted gross income in accordance with
2045		-	1006
2046		-	Subsection 31A-32a-105(3); or
2047		-	1007
2048		-	(iii) an amount required to be added to adjusted gross income in accordance with
2049		-	1008
2050		-	Subsection 31A-32a-105(5)(c);
2051		-	1009
2052		-	(d) the amount withdrawn under Title 53B, Chapter 8a, Utah Educational Savings Plan,
2053		-	1010
2054		-	from the account of a resident or nonresident individual who is an account owner as
2055		-	1011
2056		-	defined in Section 53B-8a-102, for the taxable year for which the amount is
2057		-	1012
2058		-	withdrawn, if that amount withdrawn from the account of the resident or nonresident
2059		-	1013
2060		-	individual who is the account owner:
2061		-	- 30 - Enrolled Copy H.B. 60
2062		-	1014
2063		-	(i) is not expended for:
2064		-	1015
2065		-	(A) higher education costs as defined in Section 53B-8a-102.5; or
2066		-	1016
2067		-	(B) a payment or distribution that qualifies as an exception to the additional tax
2068		-	1017
2069		-	for distributions not used for educational expenses provided in Sections 529(c)
2070		-	1018
2071		-	and 530(d), Internal Revenue Code; and
2072		-	1019
2073		-	(ii) is:
2074		-	1020
2075		-	(A) subtracted by the resident or nonresident individual:
2076		-	1021
2077		-	(I) who is the account owner; and
2078		-	1022
2079		-	(II) on the resident or nonresident individual's return filed under this chapter
2080		-	1023
2081		-	for a taxable year beginning on or before December 31, 2007; or
2082		-	1024
2083		-	(B) used as the basis for the resident or nonresident individual who is the account
2084		-	1025
2085		-	owner to claim a tax credit under Section 59-10-1017;
2086		-	1026
2087		-	(e) except as provided in Subsection (5), for bonds, notes, and other evidences of
2088		-	1027
2089		-	indebtedness acquired on or after January 1, 2003, the interest from bonds, notes, and
2090		-	1028
2091		-	other evidences of indebtedness:
2092		-	1029
2093		-	(i) issued by one or more of the following entities:
2094		-	1030
2095		-	(A) a state other than this state;
2096		-	1031
2097		-	(B) the District of Columbia;
2098		-	1032
2099		-	(C) a political subdivision of a state other than this state; or
2100		-	1033
2101		-	(D) an agency or instrumentality of an entity described in Subsections (1)(e)(i)(A)
2102		-	1034
2103		-	through (C); and
2104		-	1035
2105		-	(ii) to the extent the interest is not included in adjusted gross income on the taxpayer's
2106		-	1036
2107		-	federal income tax return for the taxable year;
2108		-	1037
2109		-	(f) subject to Subsection (2)(c), any distribution received by a resident beneficiary of a
2110		-	1038
2111		-	resident trust of income that was taxed at the trust level for federal tax purposes, but
2112		-	1039
2113		-	was subtracted from state taxable income of the trust pursuant to Subsection
2114		-	1040
2115		-	59-10-202(2)(b);
2116		-	1041
2117		-	(g) any distribution received by a resident beneficiary of a nonresident trust of
2118		-	1042
2119		-	undistributed distributable net income realized by the trust on or after January 1,
2120		-	1043
2121		-	2004, if that undistributed distributable net income was taxed at the trust level for
2122		-	1044
2123		-	federal tax purposes, but was not taxed at the trust level by any state, with
2124		-	1045
2125		-	undistributed distributable net income considered to be distributed from the most
2126		-	1046
2127		-	recently accumulated undistributed distributable net income;
2128		-	1047
2129		-	(h) any adoption expense:
2130		-	- 31 - H.B. 60 Enrolled Copy
2131		-	1048
2132		-	(i) for which a resident or nonresident individual receives reimbursement from
2133		-	1049
2134		-	another person; and
2135		-	1050
2136		-	(ii) to the extent to which the resident or nonresident individual subtracts that
2137		-	1051
2138		-	adoption expense:
2139		-	1052
2140		-	(A) on a return filed under this chapter for a taxable year beginning on or before
2141		-	1053
2142		-	December 31, 2007; or
2143		-	1054
2144		-	(B) from federal taxable income on a federal individual income tax return;
2145		-	1055
2146		-	(i) the amount of tax paid on income attributed to the individual in accordance with
2147		-	1056
2148		-	Subsection 59-10-1403.2(2) that is not included in adjusted gross income; and
2149		-	1057
2150		-	(j) the amount of tax paid:
2151		-	1058
2152		-	(i) on income attributed to the individual and taxable in this state, that is not included
2153		-	1059
2154		-	in adjusted gross income;
2155		-	1060
2156		-	(ii) to another state; and
2157		-	1061
2158		-	(iii) that the commission determines is substantially similar to the tax imposed under
2159		-	1062
2160		-	Subsection 59-10-1403.2(2).
2161		-	1063
2162		-	(2) There shall be subtracted from adjusted gross income of a resident or nonresident
2163		-	1064
2164		-	individual:
2165		-	1065
2166		-	(a) the difference between:
2167		-	1066
2168		-	(i) the interest or a dividend on an obligation or security of the United States or an
2169		-	1067
2170		-	authority, commission, instrumentality, or possession of the United States, to the
2171		-	1068
2172		-	extent that interest or dividend is:
2173		-	1069
2174		-	(A) included in adjusted gross income for federal income tax purposes for the
2175		-	1070
2176		-	taxable year; and
2177		-	1071
2178		-	(B) exempt from state income taxes under the laws of the United States; and
2179		-	1072
2180		-	(ii) any interest on indebtedness incurred or continued to purchase or carry the
2181		-	1073
2182		-	obligation or security described in Subsection (2)(a)(i);
2183		-	1074
2184		-	(b) if the conditions of Subsection (3)(a) are met, the amount of income derived by a Ute
2185		-	1075
2186		-	tribal member:
2187		-	1076
2188		-	(i) during a time period that the Ute tribal member resides on homesteaded land
2189		-	1077
2190		-	diminished from the Uintah and Ouray Reservation; and
2191		-	1078
2192		-	(ii) from a source within the Uintah and Ouray Reservation;
2193		-	1079
2194		-	(c) an amount received by a resident or nonresident individual or distribution received
2195		-	1080
2196		-	by a resident or nonresident beneficiary of a resident trust:
2197		-	1081
2198		-	(i) if that amount or distribution constitutes a refund of taxes imposed by:
2199		-	- 32 - Enrolled Copy H.B. 60
2200		-	1082
2201		-	(A) a state; or
2202		-	1083
2203		-	(B) the District of Columbia; and
2204		-	1084
2205		-	(ii) to the extent that amount or distribution is included in adjusted gross income for
2206		-	1085
2207		-	that taxable year on the federal individual income tax return of the resident or
2208		-	1086
2209		-	nonresident individual or resident or nonresident beneficiary of a resident trust;
2210		-	1087
2211		-	(d) the amount of a railroad retirement benefit:
2212		-	1088
2213		-	(i) paid:
2214		-	1089
2215		-	(A) in accordance with The Railroad Retirement Act of 1974, 45 U.S.C. Sec. 231
2216		-	1090
2217		-	et seq.;
2218		-	1091
2219		-	(B) to a resident or nonresident individual; and
2220		-	1092
2221		-	(C) for the taxable year; and
2222		-	1093
2223		-	(ii) to the extent that railroad retirement benefit is included in adjusted gross income
2224		-	1094
2225		-	on that resident or nonresident individual's federal individual income tax return for
2226		-	1095
2227		-	that taxable year;
2228		-	1096
2229		-	(e) an amount:
2230		-	1097
2231		-	(i) received by an enrolled member of an American Indian tribe; and
2232		-	1098
2233		-	(ii) to the extent that the state is not authorized or permitted to impose a tax under this
2234		-	1099
2235		-	part on that amount in accordance with:
2236		-	1100
2237		-	(A) federal law;
2238		-	1101
2239		-	(B) a treaty; or
2240		-	1102
2241		-	(C) a final decision issued by a court of competent jurisdiction;
2242		-	1103
2243		-	(f) an amount received:
2244		-	1104
2245		-	(i) for the interest on a bond, note, or other obligation issued by an entity for which
2246		-	1105
2247		-	state statute provides an exemption of interest on its bonds from state individual
2248		-	1106
2249		-	income tax;
2250		-	1107
2251		-	(ii) by a resident or nonresident individual;
2252		-	1108
2253		-	(iii) for the taxable year; and
2254		-	1109
2255		-	(iv) to the extent the amount is included in adjusted gross income on the taxpayer's
2256		-	1110
2257		-	federal income tax return for the taxable year;
2258		-	1111
2259		-	(g) the amount of all income, including income apportioned to another state, of a
2260		-	1112
2261		-	nonmilitary spouse of an active duty military member if:
2262		-	1113
2263		-	(i) both the nonmilitary spouse and the active duty military member are nonresident
2264		-	1114
2265		-	individuals;
2266		-	1115
2267		-	(ii) the active duty military member is stationed in Utah;
2268		-	- 33 - H.B. 60 Enrolled Copy
2269		-	1116
2270		-	(iii) the nonmilitary spouse is subject to the residency provisions of 50 U.S.C. Sec.
2271		-	1117
2272		-	4001(a)(2); and
2273		-	1118
2274		-	(iv) the income is included in adjusted gross income for federal income tax purposes
2275		-	1119
2276		-	for the taxable year;
2277		-	1120
2278		-	[(h) for a taxable year beginning on or after January 1, 2019, but beginning on or before
2279		-	1121
2280		-	December 31, 2019, only:]
2281		-	1122
2282		-	[(i) the amount of any FDIC premium paid or incurred by the taxpayer that is
2283		-	1123
2284		-	disallowed as a deduction for federal income tax purposes under Section 162(r),
2285		-	1124
2286		-	Internal Revenue Code, on the taxpayer's 2018 federal income tax return; plus]
2287		-	1125
2288		-	[(ii) the amount of any FDIC premium paid or incurred by the taxpayer that is
2289		-	1126
2290		-	disallowed as a deduction for federal income tax purposes under Section 162(r),
2291		-	1127
2292		-	Internal Revenue Code, for the taxable year;]
2293		-	1128
2294		-	[(i)] (h) [for a taxable year beginning on or after January 1, 2020, ]the amount of any
2295		-	1129
2296		-	FDIC premium paid or incurred by the taxpayer that is disallowed as a deduction for
2297		-	1130
2298		-	federal income tax purposes under Section 162(r), Internal Revenue Code, for the
2299		-	1131
2300		-	taxable year;[ and]
2301		-	1132
2302		-	[(j)] (i) an amount of a distribution from a qualified retirement plan under Section 401(a),
2303		-	1133
2304		-	Internal Revenue Code, if:
2305		-	1134
2306		-	(i) the amount of the distribution is included in adjusted gross income on the resident
2307		-	1135
2308		-	or nonresident individual's federal individual income tax return for the taxable
2309		-	1136
2310		-	year; and
2311		-	1137
2312		-	(ii) for the taxable year when the amount of the distribution was contributed to the
2313		-	1138
2314		-	qualified retirement plan, the amount of the distribution:
2315		-	1139
2316		-	(A) was not included in adjusted gross income on the resident or nonresident
2317		-	1140
2318		-	individual's federal individual income tax return for the taxable year; and
2319		-	1141
2320		-	(B) was taxed by another state of the United States, the District of Columbia, or a
2321		-	1142
2322		-	possession of the United States[.] ; and
2323		-	1143
2324		-	(j) the amount of any repayment in the current taxable year of social security income
2325		-	1144
2326		-	received in a previous taxable year if:
2327		-	1145
2328		-	(i) the individual claimed a credit for the repayment on the individual's federal
2329		-	1146
2330		-	individual income tax return for the current taxable year; and
2331		-	1147
2332		-	(ii) the individual did not claim a tax credit under Section 59-10-1042 for the taxable
2333		-	1148
2334		-	year in which the individual received the social security income.
2335		-	1149
2336		-	(3)(a) A subtraction for an amount described in Subsection (2)(b) is allowed only if:
2337		-	- 34 - Enrolled Copy H.B. 60
2338		-	1150
2339		-	(i) the taxpayer is a Ute tribal member; and
2340		-	1151
2341		-	(ii) the governor and the Ute tribe execute and maintain an agreement meeting the
2342		-	1152
2343		-	requirements of this Subsection (3).
2344		-	1153
2345		-	(b) The agreement described in Subsection (3)(a):
2346		-	1154
2347		-	(i) may not:
2348		-	1155
2349		-	(A) authorize the state to impose a tax in addition to a tax imposed under this
2350		-	1156
2351		-	chapter;
2352		-	1157
2353		-	(B) provide a subtraction under this section greater than or different from the
2354		-	1158
2355		-	subtraction described in Subsection (2)(b); or
2356		-	1159
2357		-	(C) affect the power of the state to establish rates of taxation; and
2358		-	1160
2359		-	(ii) shall:
2360		-	1161
2361		-	(A) provide for the implementation of the subtraction described in Subsection
2362		-	1162
2363		-	(2)(b);
2364		-	1163
2365		-	(B) be in writing;
2366		-	1164
2367		-	(C) be signed by:
2368		-	1165
2369		-	(I) the governor; and
2370		-	1166
2371		-	(II) the chair of the Business Committee of the Ute tribe;
2372		-	1167
2373		-	(D) be conditioned on obtaining any approval required by federal law; and
2374		-	1168
2375		-	(E) state the effective date of the agreement.
2376		-	1169
2377		-	(c)(i) The governor shall report to the commission by no later than February 1 of each
2378		-	1170
2379		-	year regarding whether or not an agreement meeting the requirements of this
2380		-	1171
2381		-	Subsection (3) is in effect.
2382		-	1172
2383		-	(ii) If an agreement meeting the requirements of this Subsection (3) is terminated, the
2384		-	1173
2385		-	subtraction permitted under Subsection (2)(b) is not allowed for taxable years
2386		-	1174
2387		-	beginning on or after the January 1 following the termination of the agreement.
2388		-	1175
2389		-	(d) For purposes of Subsection (2)(b) and in accordance with Title 63G, Chapter 3, Utah
2390		-	1176
2391		-	Administrative Rulemaking Act, the commission may make rules:
2392		-	1177
2393		-	(i) for determining whether income is derived from a source within the Uintah and
2394		-	1178
2395		-	Ouray Reservation; and
2396		-	1179
2397		-	(ii) that are substantially similar to how adjusted gross income derived from Utah
2398		-	1180
2399		-	sources is determined under Section 59-10-117.
2400		-	1181
2401		-	(4)(a) For purposes of this Subsection (4), "Form 8814" means:
2402		-	1182
2403		-	(i) the federal individual income tax Form 8814, Parents' Election To Report Child's
2404		-	1183
2405		-	Interest and Dividends; or
2406		-	- 35 - H.B. 60 Enrolled Copy
2407		-	1184
2408		-	(ii)(A) a form designated by the commission in accordance with Subsection
2409		-	1185
2410		-	(4)(a)(ii)(B) as being substantially similar to 2000 Form 8814 if for purposes of
2411		-	1186
2412		-	federal individual income taxes the information contained on 2000 Form 8814
2413		-	1187
2414		-	is reported on a form other than Form 8814; and
2415		-	1188
2416		-	(B) for purposes of Subsection (4)(a)(ii)(A) and in accordance with Title 63G,
2417		-	1189
2418		-	Chapter 3, Utah Administrative Rulemaking Act, the commission may make
2419		-	1190
2420		-	rules designating a form as being substantially similar to 2000 Form 8814 if for
2421		-	1191
2422		-	purposes of federal individual income taxes the information contained on 2000
2423		-	1192
2424		-	Form 8814 is reported on a form other than Form 8814.
2425		-	1193
2426		-	(b) The amount of a child's income added to adjusted gross income under Subsection
2427		-	1194
2428		-	(1)(b) is equal to the difference between:
2429		-	1195
2430		-	(i) the lesser of:
2431		-	1196
2432		-	(A) the base amount specified on Form 8814; and
2433		-	1197
2434		-	(B) the sum of the following reported on Form 8814:
2435		-	1198
2436		-	(I) the child's taxable interest;
2437		-	1199
2438		-	(II) the child's ordinary dividends; and
2439		-	1200
2440		-	(III) the child's capital gain distributions; and
2441		-	1201
2442		-	(ii) the amount not taxed that is specified on Form 8814.
2443		-	1202
2444		-	(5) Notwithstanding Subsection (1)(e), interest from bonds, notes, and other evidences of
2445		-	1203
2446		-	indebtedness issued by an entity described in Subsections (1)(e)(i)(A) through (D) may
2447		-	1204
2448		-	not be added to adjusted gross income of a resident or nonresident individual if, as
2449		-	1205
2450		-	annually determined by the commission:
2451		-	1206
2452		-	(a) for an entity described in Subsection (1)(e)(i)(A) or (B), the entity and all of the
2453		-	1207
2454		-	political subdivisions, agencies, or instrumentalities of the entity do not impose a tax
2455		-	1208
2456		-	based on income on any part of the bonds, notes, and other evidences of indebtedness
2457		-	1209
2458		-	of this state; or
2459		-	1210
2460		-	(b) for an entity described in Subsection (1)(e)(i)(C) or (D), the following do not impose
2461		-	1211
2462		-	a tax based on income on any part of the bonds, notes, and other evidences of
2463		-	1212
2464		-	indebtedness of this state:
2465		-	1213
2466		-	(i) the entity; or
2467		-	1214
2468		-	(ii)(A) the state in which the entity is located; or
2469		-	1215
2470		-	(B) the District of Columbia, if the entity is located within the District of
2471		-	1216
2472		-	Columbia.
2473		-	1217
2474		-	Section 12. Section 59-10-510 is amended to read:
2475		-	- 36 - Enrolled Copy H.B. 60
2476		-	1218
2477		-	59-10-510 (Effective 01/01/26). Return of electing small business corporation.
2478		-	1219
2479		-	An electing small business corporation, as defined in Section [1371(a)(2)] 1362, Internal
2480		-	1220
2481		-	Revenue Code, shall make a return for each taxable year, stating specifically:
2482		-	1221
2483		-	(1) the items of the electing small business corporation's gross income and the deductions
2484		-	1222
2485		-	allowable by Subtitle A, Internal Revenue Code;
2486		-	1223
2487		-	(2) the names and addresses of all persons owning stock in the electing small business
2488		-	1224
2489		-	corporation at any time during the taxable year;
2490		-	1225
2491		-	(3) the number of shares of stock owned by each shareholder at all times during the taxable
2492		-	1226
2493		-	year to each shareholder;
2494		-	1227
2495		-	(4) the date of each distribution to a shareholder; and
2496		-	1228
2497		-	(5) other information as the commission may prescribe by:
2498		-	1229
2499		-	(a) form; or
2500		-	1230
2501		-	(b) administrative rule made in accordance with Title 63G, Chapter 3, Utah
2502		-	1231
2503		-	Administrative Rulemaking Act.
2504		-	1232
2505		-	Section 13. Section 59-10-1037 is amended to read:
2506		-	1233
2507		-	59-10-1037 (Effective 05/07/25) (Applies beginning 01/01/25). Nonrefundable
2508		-	1234
2509		-	enterprise zone tax credit.
2510		-	1235
	2615	+	1281
	2616	+	Section 14. Section 59-10-1042 is amended to read:
	2617	+	- 38 - 03-04 08:09 4th Sub. (Green) H.B. 60
	2618	+	1282
	2619	+	59-10-1042 (Effective 01/01/26). Nonrefundable tax credit for social security
	2620	+	1283
	2621	+	benefits.
	2622	+	1284
2511	2623		(1) As used in this section:
2512		-	1236
2513		-	(a) "Business entity" means a claimant, estate, or trust that meets the definition of
2514		-	1237
2515		-	"business entity" as that term is defined in Section 63N-2-202.
2516		-	1238
2517		-	(b) "Office" means the Governor's Office of Economic Opportunity created in Section
2518		-	1239
2519		-	63N-1a-301.
2520		-	1240
2521		-	(2) Subject to the provisions of this section, for a taxable year beginning before January 1,
2522		-	1241
2523		-	2025, a business entity may claim a nonrefundable enterprise zone tax credit as
2524		-	1242
2525		-	described in Section 63N-2-213.
2526		-	1243
2527		-	(3) The enterprise zone tax credit under this section is the amount listed as the tax credit
2528		-	1244
2529		-	amount on the tax credit certificate that the office issues to the business entity for the
2530		-	1245
2531		-	taxable year.
2532		-	1246
2533		-	(4) A business entity may carry forward a tax credit under this section for a period that does
2534		-	1247
2535		-	not exceed the next three taxable years, if the amount of the tax credit exceeds the
2536		-	1248
2537		-	business entity's tax liability under this chapter for that taxable year.
2538		-	1249
2539		-	(5)(a) In accordance with Section 59-10-137, the Revenue and Taxation Interim
2540		-	1250
2541		-	Committee shall study the tax credit allowed by this section and make
2542		-	1251
2543		-	recommendations concerning whether the tax credit should be continued, modified,
2544		-	- 37 - H.B. 60 Enrolled Copy
2545		-	1252
2546		-	or repealed.
2547		-	1253
2548		-	(b)(i) Except as provided in Subsection (5)(b)(ii), for purposes of the study required
2549		-	1254
2550		-	by this Subsection (5), the office shall provide by electronic means the following
2551		-	1255
2552		-	information, if available to the office, for each calendar year to the Office of the
2553		-	1256
2554		-	Legislative Fiscal Analyst:
2555		-	1257
2556		-	(A) the amount of tax credits provided in each development zone;
2557		-	1258
2558		-	(B) the number of new full-time employee positions reported to obtain tax credits
2559		-	1259
2560		-	in each development zone;
2561		-	1260
2562		-	(C) the amount of tax credits awarded for rehabilitating a building in each
2563		-	1261
2564		-	development zone;
2565		-	1262
2566		-	(D) the amount of tax credits awarded for investing in a plant, equipment, or other
2567		-	1263
2568		-	depreciable property in each development zone;
2569		-	1264
2570		-	(E) the information related to the tax credit contained in the office's latest report
2571		-	1265
2572		-	under Section 63N-1a-306; and
2573		-	1266
2574		-	(F) other information that the Office of the Legislative Fiscal Analyst requests.
2575		-	1267
2576		-	(ii)(A) In providing the information described in Subsection (5)(b)(i), the office
2577		-	1268
2578		-	shall redact information that identifies a recipient of a tax credit under this
2579		-	1269
2580		-	section.
2581		-	1270
2582		-	(B) If, notwithstanding the redactions made under Subsection (5)(b)(ii)(A),
2583		-	1271
2584		-	reporting the information described in Subsection (5)(b)(i) might disclose the
2585		-	1272
2586		-	identity of a recipient of a tax credit, the office may file a request with the
2587		-	1273
2588		-	Revenue and Taxation Interim Committee to provide the information described
2589		-	1274
2590		-	in Subsection (5)(b)(i) in the aggregate for all development zones that receive
2591		-	1275
2592		-	the tax credit under this section.
2593		-	1276
2594		-	(c) As part of the study required by this Subsection (5), the Office of the Legislative
2595		-	1277
2596		-	Fiscal Analyst shall report to the Revenue and Taxation Interim Committee a
2597		-	1278
2598		-	summary and analysis of the information provided to the Office of the Legislative
2599		-	1279
2600		-	Fiscal Analyst by the office under Subsection (5)(b).
2601		-	1280
2602		-	(d) The Revenue and Taxation Interim Committee shall ensure that the
2603		-	1281
2604		-	recommendations described in Subsection (5)(a) include an evaluation of:
2605		-	1282
2606		-	(i) the cost of the tax credit to the state;
2607		-	1283
2608		-	(ii) the purpose and effectiveness of the tax credit; and
2609		-	1284
2610		-	(iii) the extent to which the state benefits from the tax credit.
2611	2624		1285
2612		-	Section 14. Section 59-10-1042 is amended to read:
2613		-	- 38 - Enrolled Copy H.B. 60
	2625	+	(a) "Head of household filing status" means the same as that term is defined in Section
2614	2626		1286
2615		-	59-10-~~1042 (Effective 01/01/26)~~. ~~Nonrefundable tax credit for social security~~
	2627	+	59-10-1018.
2616	2628		1287
2617		-	~~benefits~~.
	2629	+	(b) "Joint filing status" means the same as that term is defined in Section 59-10-1018.
2618	2630		1288
2619		-	(1) ~~As used in this section~~:
	2631	+	(c) "Married filing separately status" means a married individual who:
2620	2632		1289
2621		-	(a) ~~"Head of household filing status"~~ ~~means the same as~~ that ~~term is defined in Section~~
	2633	+	(i) does not file a single federal individual income tax return jointly with that married
2622	2634		1290
2623		-	~~59-10-1018.~~
	2635	+	individual's spouse for the taxable year; and
2624	2636		1291
2625		-	(b) ~~"Joint filing status"~~ ~~means~~ the ~~same as that term is defined in Section 59-10-1018~~.
	2637	+	(ii) files a single federal individual income tax return for the taxable year.
2626	2638		1292
2627		-	(c) "~~Married filing separately status~~" means a ~~married individual who:~~
	2639	+	(d) "Modified adjusted gross income" means the sum of the following for a claimant or,
2628	2640		1293
2629		-	~~(i) does not file~~ a ~~single federal individual income tax return jointly with that married~~
	2641	+	if the claimant's return under this chapter is allowed a joint filing status, the claimant
2630	2642		1294
2631		-	~~individual~~'s spouse ~~for the taxable year; and~~
	2643	+	and the claimant's spouse:
2632	2644		1295
2633		-	(ii) ~~files a single federal individual~~ income ~~tax return~~ for the taxable year.
	2645	+	(i) adjusted gross income for the taxable year for which a tax credit is claimed under
2634	2646		1296
2635		-	~~(d) "Modified adjusted gross income" means the sum of the following for a claimant or,~~
	2647	+	this section;
2636	2648		1297
2637		-	if the ~~claimant's return under this chapter is allowed a joint filing status, the claimant~~
	2649	+	(ii) any interest income that is not included in adjusted gross income for the taxable
2638	2650		1298
2639		-	and ~~the claimant's spouse:~~
	2651	+	year described in Subsection (1)(d)(i); and
2640	2652		1299
2641		-	(i) adjusted gross income for the ~~taxable year for which a tax credit is claimed under~~
	2653	+	(iii) any addition to adjusted gross income required by Section 59-10-114 for the
2642	2654		1300
2643		-	~~this section;~~
	2655	+	taxable year described in Subsection (1)(d)(i).
2644	2656		1301
2645		-	(ii) ~~any interest income that is not included in adjusted gross income for the taxable~~
	2657	+	(e) "Single filing status" means a single individual who files a single federal individual
2646	2658		1302
2647		-	year ~~described in Subsection (1)(d)(i); and~~
	2659	+	income tax return for the taxable year.
2648	2660		1303
2649		-	(~~iii~~) ~~any addition to adjusted gross income required~~ by ~~Section 59-10-114 for the~~
	2661	+	(f) "Social security benefit" means an amount received by a claimant as a monthly
2650	2662		1304
2651		-	~~taxable year described~~ in ~~Subsection (1)(d)(i)~~.
	2663	+	benefit in accordance with the Social Security Act, 42 U.S.C. Sec. 401 et seq.
2652	2664		1305
2653		-	(e) ~~"Single filing status"~~ ~~means a single individual who files a single federal individual~~
	2665	+	(2) Except as provided in Section 59-10-1002.2 and Subsections (3) and (4), each claimant
2654	2666		1306
2655		-	~~income~~ tax ~~return for the taxable year.~~
	2667	+	on a return that receives a social security benefit may claim a nonrefundable tax credit
2656	2668		1307
2657		-	~~(f) "Social~~ ~~security benefit"~~ ~~means an amount received by a claimant as a monthly~~
	2669	+	against taxes otherwise due under this part equal to the product of:
2658	2670		1308
2659		-	~~benefit~~ in ~~accordance with the Social Security Act, 42 U.S.C. Sec. 401 et seq.~~
	2671	+	(a) the percentage listed in Subsection 59-10-104(2); and
2660	2672		1309
2661		-	(2) ~~Except as provided~~ in ~~Section 59-10-1002.2 and Subsections (3) and (4), each claimant~~
	2673	+	(b) the claimant's social security benefit that is included in adjusted gross income on the
2662	2674		1310
2663		-	~~on a~~ return ~~that receives a social security benefit may claim a nonrefundable tax credit~~
	2675	+	claimant's federal income tax return for the taxable year.
2664	2676		1311
2665		-	~~against taxes otherwise due under this part equal to the product of~~:
	2677	+	(3) A claimant may not:
2666	2678		1312
2667		-	(a) the ~~percentage listed in Subsection 59-10-104(2); and~~
	2679	+	(a) carry forward or carry back the amount of a tax credit under this section that exceeds
2668	2680		1313
2669		-	~~(b)~~ the claimant's ~~social security benefit that is included in adjusted gross income on~~ the
	2681	+	the claimant's tax liability for the taxable year; or
2670	2682		1314
2671		-	~~claimant's federal income~~ tax ~~return~~ for ~~the~~ taxable year.
	2683	+	(b) claim a tax credit under this section for a taxable year if a tax credit under Section
2672	2684		1315
2673		-	(3) A claimant may not:
	2685	+	59-10-1019 is claimed on the claimant's return for the same taxable year.
	2686	+	- 39 - 4th Sub. (Green) H.B. 60 03-04 08:09
2674	2687		1316
2675		-	(a) ~~carry forward or carry back~~ the ~~amount of a~~ tax credit under this ~~section that exceeds~~
	2688	+	(4) The tax credit allowed by Subsection (2) claimed on a return filed under this part shall
2676	2689		1317
2677		-	~~the claimant's tax liability~~ for ~~the taxable year;~~ or
	2690	+	be reduced by $.025 for each dollar by which modified adjusted gross income for
2678	2691		1318
2679		-	~~(b) claim a tax credit under this section for a taxable year if a tax credit under Section~~
	2692	+	purposes of the return exceeds:
2680	2693		1319
2681		-	59-10-1019 is claimed on the claimant's return for the same taxable year.
2682		-	- 39 - H.B. 60 Enrolled Copy
	2694	+	(a) for a [federal individual income tax ]return filed under this chapter that is allowed a
2683	2695		1320
2684		-	~~(4) The tax credit allowed by Subsection (2) claimed on a return filed under this part shall~~
	2696	+	married filing separately status, $37,500;
2685	2697		1321
2686		-	~~be reduced by $.025~~ for ~~each dollar by which modified adjusted gross~~ income ~~for~~
	2698	+	(b) for a [federal individual income tax ]return filed under this chapter that is allowed a
2687	2699		1322
2688		-	~~purposes of the return exceeds:~~
	2700	+	single filing status, $45,000;
2689	2701		1323
2690		-	(a) for a [federal individual income tax ]return filed under this chapter that is allowed a
	2702	+	(c) for a [federal individual income tax ]return filed under this chapter that is allowed a
2691	2703		1324
2692		-	~~married~~ filing ~~separately~~ status, $37,~~500~~;
	2704	+	head of household filing status, $75,000; or
2693	2705		1325
2694		-	(b) for a ~~[federal individual income tax ]~~return filed under this chapter that is allowed a
	2706	+	(d) for a return filed under this chapter that is allowed a joint filing status, $75,000.
2695	2707		1326
2696		-	~~single filing status~~, ~~$45~~,~~000;~~
	2708	+	(5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
2697	2709		1327
2698		-	~~(c)~~ for ~~a [federal individual income~~ tax ~~]return filed under this chapter that is allowed a~~
	2710	+	commission may make rules governing the calculation and method for claiming the tax
2699	2711		1328
2700		-	~~head of household filing status, $75,000; or~~
	2712	+	credit described in this section.
2701	2713		1329
2702		-	~~(d) for a return filed under this chapter that~~ is ~~allowed a joint filing status, $75,000.~~
	2714	+	Section 15. Section 59-10-1045 is amended to read:
2703	2715		1330
2704		-	(5) ~~In accordance with Title 63G,~~ ~~Chapter 3, Utah Administrative Rulemaking Act, the~~
	2716	+	59-10-1045 (Effective 01/01/26) (Applies beginning 01/01/25). Nonrefundable tax
2705	2717		1331
2706		-	~~commission may make rules governing the calculation and method~~ for ~~claiming the tax~~
	2718	+	credit for taxes paid by pass-through entity.
2707	2719		1332
2708		-	~~credit described~~ in this section.
	2720	+	(1) As used in this section, "taxed pass-through entity taxpayer" means a resident or
2709	2721		1333
2710		-	~~Section 15.~~ ~~Section 59-10-1045 is amended to read~~:
	2722	+	nonresident individual who:
2711	2723		1334
2712		-	~~59-10-1045~~ (~~Effective 01/01/26~~) ~~(Applies beginning 01/01/25). Nonrefundable tax~~
	2724	+	(a) has income attributed to the individual by a pass-through entity;
2713	2725		1335
2714		-	~~credit for taxes paid by~~ pass-through entity.
	2726	+	(b) receives the income described in Subsection (1)(a) after the pass-through entity pays
2715	2727		1336
2716		-	~~(1) As used~~ in ~~this section,~~ ~~"taxed pass-through entity taxpayer" means a resident or~~
	2728	+	the tax described in Subsection 59-10-1403.2(2); and
2717	2729		1337
2718		-	~~nonresident individual who:~~
	2730	+	(c) adds the amount of tax paid on the income described in Subsection (1)(a) to adjusted
2719	2731		1338
2720		-	~~(a) has~~ income ~~attributed to the individual by a pass-through entity;~~
	2732	+	gross income in accordance with Subsection 59-10-114(1)(i).
2721	2733		1339
2722		-	(~~b) receives the income described in Subsection (1~~)(a) ~~after the~~ pass-through entity ~~pays~~
	2734	+	(2)(a) A taxed pass-through entity taxpayer may claim a nonrefundable tax credit for the
2723	2735		1340
2724		-	~~the tax described in~~ Subsection 59-10-1403.2(2)~~; and~~
	2736	+	taxes imposed under Subsection 59-10-1403.2(2).
2725	2737		1341
2726		-	(c) ~~adds~~ the amount of tax paid ~~on the income described in~~ Subsection ~~(1)(a) to adjusted~~
	2738	+	(b) The tax credit is equal to the amount of the tax paid under Subsection
2727	2739		1342
2728		-	~~gross income in accordance with Subsection~~ 59-10-~~114~~(1)~~(i).~~
	2740	+	59-10-1403.2(2) by the pass-through entity on the income attributed to the taxed
2729	2741		1343
2730		-	~~(2)(a) A taxed~~ pass-through entity taxpayer ~~may claim a nonrefundable tax credit for the~~
	2742	+	pass-through entity taxpayer.
2731	2743		1344
2732		-	~~taxes imposed under Subsection 59-10-1403.2(2).~~
	2744	+	(3)(a) A taxed pass-through entity taxpayer may carry forward the amount of the tax
2733	2745		1345
2734		-	~~(b)~~ The ~~tax credit is equal to the amount of the~~ tax ~~paid under Subsection~~
	2746	+	credit that exceeds the taxed pass-through entity taxpayer's tax liability for a period
2735	2747		1346
2736		-	~~59-10-1403.2(2) by~~ the ~~pass-through entity on the income attributed to the taxed~~
	2748	+	that does not exceed the next [five] ten taxable years.
2737	2749		1347
2738		-	pass-through entity taxpayer.
	2750	+	(b) A taxed pass-through entity taxpayer may not carry back the amount of the tax credit
2739	2751		1348
2740		-	~~(3)(a) A~~ taxed pass-through entity taxpayer ~~may carry forward~~ the ~~amount of the tax~~
	2752	+	that exceeds the taxed pass-through entity taxpayer's tax liability for the taxable year.
2741	2753		1349
2742		-	credit that exceeds the taxed pass-through entity taxpayer's tax liability for a period
	2754	+	Section 16. Section 59-10-1102.2 is enacted to read:
	2755	+	- 40 - 03-04 08:09 4th Sub. (Green) H.B. 60
2743	2756		1350
2744		-	~~that does not exceed the next [five] ten taxable years.~~
	2757	+	59-10-1102.2 (Effective 05/07/25) (Applies beginning 01/01/25). Removal of tax
2745	2758		1351
2746		-	~~(b)~~ A ~~taxed pass-through entity taxpayer may not carry back the amount of the~~ tax credit
	2759	+	credit from tax return and prohibition on claiming a tax credit -- Conditions for removal
2747	2760		1352
2748		-	~~that exceeds the taxed pass-through entity taxpayer's~~ tax ~~liability for the taxable year~~.
	2761	+	and prohibition on claiming a tax credit -- Commission publishing requirements.
2749	2762		1353
2750		-	Section 16. Section 59-10-1102.2 is enacted to read:
2751		-	- 40 - Enrolled Copy H.B. 60
	2763	+	(1) As used in this section, "tax return" means a tax return filed in accordance with this
2752	2764		1354
2753		-	~~59-10-1102~~.~~2 (Effective 05/07/25) (Applies beginning 01/01/25). Removal of tax~~
	2765	+	chapter.
2754	2766		1355
2755		-	~~credit from tax return and prohibition on claiming a tax credit --~~ ~~Conditions for removal~~
	2767	+	(2) Beginning two taxable years after the requirements of Subsection (3) are met:
2756	2768		1356
2757		-	~~and prohibition on claiming~~ a tax credit ~~-- Commission publishing requirements.~~
	2769	+	(a) the commission shall remove a tax credit allowed under this part from each tax return
2758	2770		1357
2759		-	~~(1) As used in this section, "tax return" means a~~ tax ~~return filed in accordance with this~~
	2771	+	on which the tax credit appears; and
2760	2772		1358
2761		-	~~chapter~~.
	2773	+	(b) a claimant, estate, or trust filing a tax return may not claim the tax credit.
2762	2774		1359
2763		-	~~(2) Beginning two taxable years after the requirements of Subsection~~ (3) ~~are met:~~
	2775	+	(3) The commission shall remove a tax credit allowed under this part from a tax return and
2764	2776		1360
2765		-	(a~~) the commission shall remove~~ a tax ~~credit allowed under this part from each~~ tax ~~return~~
	2777	+	a claimant, estate, or trust filing a tax return may not claim the tax credit as provided in
2766	2778		1361
2767		-	~~on which the tax credit appears; and~~
	2779	+	Subsection (2) if:
2768	2780		1362
	2781	+	(a) the total amount of the tax credit claimed by all claimants, estates, or trusts filing tax
	2782	+	1363
	2783	+	returns is less than $10,000 per year for three consecutive taxable years beginning on
	2784	+	1364
	2785	+	or after January 1, 2025; and
	2786	+	1365
	2787	+	(b) fewer than 10 claimants, estates, and trusts per year for the three consecutive taxable
	2788	+	1366
	2789	+	years described in Subsection (3)(a), file a tax return claiming the tax credit.
	2790	+	1367
	2791	+	(4) On or before the November interim meeting of the year after the taxable year in which
	2792	+	1368
	2793	+	the requirements of Subsection (3) are met, the commission shall report to the Revenue
	2794	+	1369
	2795	+	and Taxation Interim Committee by electronic means that in accordance with this
	2796	+	1370
	2797	+	section:
	2798	+	1371
	2799	+	(a) the commission is required to remove a tax credit from each tax return on which the
	2800	+	1372
	2801	+	tax credit appears; and
	2802	+	1373
2769	2803		(b) a claimant, estate, or trust filing a tax return may not claim the tax credit.
2770		-	1363
2771		-	(3) The commission shall remove a tax credit allowed under this part from a tax return and
2772		-	1364
2773		-	a claimant, estate, or trust filing a tax return may not claim the tax credit as provided in
2774		-	1365
2775		-	Subsection (2) if:
2776		-	1366
2777		-	(a) the total amount of the tax credit claimed by all claimants, estates, or trusts filing tax
2778		-	1367
2779		-	returns is less than $10,000 per year for three consecutive taxable years beginning on
2780		-	1368
2781		-	or after January 1, 2025; and
2782		-	1369
2783		-	(b) fewer than 10 claimants, estates, and trusts per year for the three consecutive taxable
2784		-	1370
2785		-	years described in Subsection (3)(a), file a tax return claiming the tax credit.
2786		-	1371
2787		-	(4) On or before the November interim meeting of the year after the taxable year in which
2788		-	1372
2789		-	the requirements of Subsection (3) are met, the commission shall report to the Revenue
2790		-	1373
2791		-	and Taxation Interim Committee by electronic means that in accordance with this
2792	2804		1374
2793		-	~~section:~~
	2805	+	(5)(a) Within a 30-day period after the day on which the commission makes the report
2794	2806		1375
2795		-	(a) the commission ~~is required to remove~~ a ~~tax credit from each tax return on which the~~
	2807	+	required by Subsection (4), the commission shall publish a list in accordance with
2796	2808		1376
2797		-	tax credit ~~appears; and~~
	2809	+	Subsection (5)(b) stating each tax credit that the commission will remove from a
2798	2810		1377
2799		-	~~(b) a claimant, estate, or trust filing a tax~~ return ~~may not claim~~ the tax credit.
	2811	+	return on which the tax credit appears.
2800	2812		1378
2801		-	(5)~~(a) Within a 30-day period after~~ the ~~day on which the commission makes the report~~
	2813	+	(b) The list shall:
2802	2814		1379
2803		-	~~required by Subsection (4), the commission shall publish a list in accordance with~~
	2815	+	(i) be published on:
2804	2816		1380
2805		-	~~Subsection~~ (5)~~(b) stating each tax credit that~~ the commission ~~will remove from a~~
	2817	+	(A) the commission's website; and
2806	2818		1381
2807		-	~~return on which~~ the ~~tax credit appears.~~
	2819	+	(B) the public legal notice website in accordance with Section 45-1-101;
2808	2820		1382
2809		-	(b) ~~The list shall~~:
	2821	+	(ii) include a statement that:
2810	2822		1383
2811		-	(i) be published on:
	2823	+	(A) the commission is required to remove the tax credit from each return on which
	2824	+	- 41 - 4th Sub. (Green) H.B. 60 03-04 08:09
2812	2825		1384
2813		-	~~(A)~~ the ~~commission's website~~; and
	2826	+	the tax credit appears; and
2814	2827		1385
2815		-	(B) the ~~public legal notice website in accordance with Section 45-1-101~~;
	2828	+	(B) the tax credit may not be claimed on a return;
2816	2829		1386
2817		-	(ii) ~~include~~ a ~~statement that:~~
	2830	+	(iii) state the taxable year for which the removal described in Subsection (5)(a) takes
2818	2831		1387
2819		-	(A) the commission is required to remove the tax credit from each return on which
2820		-	- 41 - H.B. 60 Enrolled Copy
	2832	+	effect; and
2821	2833		1388
2822		-	the ~~tax credit appears;~~ ~~and~~
	2834	+	(iv) remain available for viewing and searching until the commission publishes a new
2823	2835		1389
2824		-	(B) ~~the tax credit may not be claimed on a return;~~
	2836	+	list in accordance with this Subsection (5).
2825	2837		1390
2826		-	~~(iii) state the taxable year for which the removal described in Subsection (5)(a) takes~~
	2838	+	Section 17. Section 63I-2-259 is amended to read:
2827	2839		1391
2828		-	~~effect; and~~
	2840	+	63I-2-259 (Effective 05/07/25). Repeal dates: Title 59.
2829	2841		1392
2830		-	(iv) ~~remain available for viewing and searching until the commission publishes a new~~
	2842	+	(1) Subsection 59-7-159(3)(b)(iii), referencing Section 59-7-614.10, is repealed December
2831	2843		1393
2832		-	~~list in accordance with this Subsection (5)~~.
	2844	+	31, 2026.
2833	2845		1394
2834		-	~~Section 17.~~ ~~Section 63I-2-259 is amended to read:~~
	2846	+	[(1)] (2) Subsection 59-7-610(8), regarding claiming a tax credit in the same taxable year as
2835	2847		1395
2836		-	~~63I-2-259 (Effective~~ ~~05/07/25)~~. ~~Repeal dates: Title 59.~~
	2848	+	the targeted business income tax credit, is repealed December 31, 2024.
2837	2849		1396
2838		-	~~(1) Subsection 59-7-159~~(3)~~(b)(iii), referencing~~ Section 59-7-614.10, is repealed December
	2850	+	(3) Section 59-7-614.10 is repealed December 31, 2026.
2839	2851		1397
2840		-	31, ~~2026.~~
	2852	+	[(2)] (4) Subsection 59-7-614.10(5), regarding claiming a tax credit in the same taxable year
2841	2853		1398
2842		-	~~[(1)] (2) Subsection 59-7-610(8), regarding claiming a~~ tax credit ~~in the same taxable year as~~
	2854	+	as the targeted business income tax credit, is repealed December 31, 2024.
2843	2855		1399
2844		-	~~the~~ targeted business income tax credit, is repealed December 31, ~~2024.~~
	2856	+	[(3)] (5) Section 59-7-624, Targeted business income tax credit, is repealed December 31,
2845	2857		1400
2846		-	~~(3) Section 59-7-614~~.~~10, Nonrefundable enterprise zone tax credit, is repealed December~~
	2858	+	2024.
2847	2859		1401
2848		-	31, ~~2026.~~
	2860	+	(6) Subsection 59-10-137(3)(b)(viii), referencing Section 59-10-1037, is repealed
2849	2861		1402
2850		-	~~[(2)] (4) Subsection 59-7-614.10(5)~~, ~~regarding claiming a tax credit in the same taxable year~~
	2862	+	December 31, 2026.
2851	2863		1403
	2864	+	[(4)] (7) Subsection 59-10-210(2)(b)(vi), regarding Section 59-10-1112, is repealed
	2865	+	1404
	2866	+	December 31, 2024.
	2867	+	1405
	2868	+	[(5)] (8) Subsection 59-10-1007(8), regarding claiming a tax credit in the same taxable year
	2869	+	1406
2852	2870		as the targeted business income tax credit, is repealed December 31, 2024.
2853		-	1404
2854		-	[(3)] (5) Section 59-7-624, Targeted business income tax credit, is repealed December 31,
2855		-	1405
2856		-	2024.
2857		-	1406
2858		-	(6) Subsection 59-10-137(3)(b)(viii), referencing Section 59-10-1037, is repealed
2859	2871		1407
	2872	+	(9) Section 59-10-1037 is repealed December 31, 2026.
	2873	+	1408
	2874	+	[(6)] (10) Subsection 59-10-1037(5), regarding claiming a tax credit in the same taxable
	2875	+	1409
	2876	+	year as the targeted business income tax credit, is repealed December 31, 2024.
	2877	+	1410
	2878	+	[(7)] (11) Section 59-10-1112, Targeted business income tax credit, is repealed December
	2879	+	1411
	2880	+	31, 2024.
	2881	+	1412
	2882	+	Section 18. Section 63I-2-263 is amended to read:
	2883	+	1413
	2884	+	63I-2-263 (Effective 05/07/25). Repeal dates: Titles 63A through 63O.
	2885	+	1414
	2886	+	(1) Title 63A, Chapter 2, Part 5, Educational Interpretation and Translation Services
	2887	+	1415
	2888	+	Procurement Advisory Council is repealed July 1, 2025.
	2889	+	1416
	2890	+	(2) Section 63A-17-806, Definitions -- Infant at Work Pilot Program -- Administration --
	2891	+	1417
	2892	+	Report, is repealed June 30, 2026.
	2893	+	- 42 - 03-04 08:09 4th Sub. (Green) H.B. 60
	2894	+	1418
	2895	+	(3) Section 63C-1-103, Appointment and terms of boards, committees, councils, and
	2896	+	1419
	2897	+	commissions transitioning on October 1, 2024, or December 31, 2024, is repealed July
	2898	+	1420
	2899	+	1, 2025.
	2900	+	1421
	2901	+	(4) Section 63C-1-104, Appointment and terms of boards transitioning on October 1, 2024,
	2902	+	1422
	2903	+	is repealed January 1, 2025.
	2904	+	1423
	2905	+	(5) Title 63C, Chapter 29, Domestic Violence Data Task Force, is repealed October 1, 2024.
	2906	+	1424
	2907	+	(6) Subsection 63G-6a-802(1)(e), regarding a procurement for a presidential debate, is
	2908	+	1425
	2909	+	repealed January 1, 2025.
	2910	+	1426
	2911	+	(7) Subsection 63G-6a-802(3)(b)(iii), regarding a procurement for a presidential debate, is
	2912	+	1427
	2913	+	repealed January 1, 2025.
	2914	+	1428
	2915	+	(8) Subsection 63H-7a-403(2)(b), regarding the charge to maintain the public safety
	2916	+	1429
	2917	+	communications network, is repealed July 1, 2033.
	2918	+	1430
	2919	+	(9) Subsection 63J-1-602.2(3), regarding funding the Enterprise Zone Act, is repealed
	2920	+	1431
2860	2921		December 31, 2026.
2861		-	1408
2862		-	[(4)] (7) Subsection 59-10-210(2)(b)(vi), regarding Section 59-10-1112, is repealed
2863		-	1409
	2922	+	1432
	2923	+	[(9)] (10) Subsection 63J-1-602.2(47), regarding appropriations to the State Tax
	2924	+	1433
	2925	+	Commission for deferral reimbursements, is repealed July 1, 2027.
	2926	+	1434
	2927	+	[(10)] (11) Section 63M-7-221, Expungement working group, is repealed April 30, 2025.
	2928	+	1435
	2929	+	[(11)] (12) Section 63M-7-504, Crime Victim Reparations and Assistance Board --
	2930	+	1436
	2931	+	Members, is repealed December 31, 2024.
	2932	+	1437
	2933	+	[(12)] (13) Section 63M-7-505, Board and office within Commission on Criminal and
	2934	+	1438
	2935	+	Juvenile Justice, is repealed December 31, 2024.
	2936	+	1439
	2937	+	[(13)] (14) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime, is repealed
	2938	+	1440
2864	2939		December 31, 2024.
2865		-	1410
2866		-	[(5)] (8) Subsection 59-10-1007(8), regarding claiming a tax credit in the same taxable year
2867		-	1411
2868		-	as the targeted business income tax credit, is repealed December 31, 2024.
2869		-	1412
2870		-	(9) Section 59-10-1037, Nonrefundable enterprise zone tax credit, is repealed December 31,
2871		-	1413
2872		-	2026.
2873		-	1414
2874		-	[(6)] (10) Subsection 59-10-1037(5), regarding claiming a tax credit in the same taxable
2875		-	1415
	2940	+	1441
	2941	+	[(14)] (15) Subsection 63N-2-213(12)(a), regarding claiming a tax credit in the same taxable
	2942	+	1442
2876	2943		year as the targeted business income tax credit, is repealed December 31, 2024.
2877		-	1416
2878		-	[(7)] (11) Section 59-10-1112, Targeted business income tax credit, is repealed December
2879		-	1417
2880		-	31, 2024.
2881		-	1418
2882		-	Section 18. Section 63I-2-263 is amended to read:
2883		-	1419
2884		-	63I-2-263 (Effective 05/07/25). Repeal dates: Titles 63A through 63O.
2885		-	1420
2886		-	(1) Title 63A, Chapter 2, Part 5, Educational Interpretation and Translation Services
2887		-	1421
2888		-	Procurement Advisory Council is repealed July 1, 2025.
2889		-	- 42 - Enrolled Copy H.B. 60
2890		-	1422
2891		-	(2) Section 63A-17-806, Definitions -- Infant at Work Pilot Program -- Administration --
2892		-	1423
2893		-	Report, is repealed June 30, 2026.
2894		-	1424
2895		-	(3) Section 63C-1-103, Appointment and terms of boards, committees, councils, and
2896		-	1425
2897		-	commissions transitioning on October 1, 2024, or December 31, 2024, is repealed July
2898		-	1426
2899		-	1, 2025.
2900		-	1427
2901		-	(4) Section 63C-1-104, Appointment and terms of boards transitioning on October 1, 2024,
2902		-	1428
2903		-	is repealed January 1, 2025.
2904		-	1429
2905		-	(5) Title 63C, Chapter 29, Domestic Violence Data Task Force, is repealed October 1, 2024.
2906		-	1430
2907		-	(6) Subsection 63G-6a-802(1)(e), regarding a procurement for a presidential debate, is
2908		-	1431
2909		-	repealed January 1, 2025.
2910		-	1432
2911		-	(7) Subsection 63G-6a-802(3)(b)(iii), regarding a procurement for a presidential debate, is
2912		-	1433
2913		-	repealed January 1, 2025.
2914		-	1434
2915		-	(8) Subsection 63H-7a-403(2)(b), regarding the charge to maintain the public safety
2916		-	1435
2917		-	communications network, is repealed July 1, 2033.
2918		-	1436
2919		-	(9) Subsection 63J-1-602.2(3), regarding funding the Enterprise Zone Act, is repealed
2920		-	1437
2921		-	December 31, 2026.
2922		-	1438
2923		-	[(9)] (10) Subsection 63J-1-602.2(47), regarding appropriations to the State Tax
2924		-	1439
2925		-	Commission for deferral reimbursements, is repealed July 1, 2027.
2926		-	1440
2927		-	[(10)] (11) Section 63M-7-221, Expungement working group, is repealed April 30, 2025.
2928		-	1441
2929		-	[(11)] (12) Section 63M-7-504, Crime Victim Reparations and Assistance Board --
2930		-	1442
2931		-	Members, is repealed December 31, 2024.
2932	2944		1443
2933		-	[(~~12)] (13~~) ~~Section 63M-7-505~~, ~~Board and office within Commission on Criminal and~~
	2945	+	(16) Title 63N, Chapter 2, Part 2, Enterprise Zone Act, is repealed December 31, 2026.
2934	2946		1444
2935		-	~~Juvenile Justice~~, ~~is repealed December 31~~, ~~2024.~~
	2947	+	[(15)] (17) Title 63N, Chapter 2, Part 3, Targeted Business Income Tax Credit in an
2936	2948		1445
2937		-	~~[(13)] (14) Title 63M, Chapter 7, Part 6, Utah Council on Victims of Crime~~, is repealed
	2949	+	Enterprise Zone, is repealed December 31, 2024.
2938	2950		1446
2939		-	~~December 31,~~ ~~2024~~.
	2951	+	Section 19. Effective Date.
2940	2952		1447
2941		-	[(14)~~] (15)~~ Subsection ~~63N-~~2~~-213(12)(a~~), ~~regarding claiming a tax credit in the same taxable~~
	2953	+	(1) Except as provided in Subsection (2), this bill takes effect on May 7, 2025.
2942	2954		1448
2943		-	~~year as~~ the ~~targeted business income tax credit,~~ ~~is repealed December 31,~~ ~~2024.~~
	2955	+	(2) The actions affecting the following sections take effect for a taxable year beginning on
2944	2956		1449
2945		-	~~(16) Title 63N,~~ ~~Chapter 2, Part 2, Enterprise Zone Act, is repealed December 31~~, 2026.
	2957	+	or after January 1, 2026:
2946	2958		1450
2947		-	[(15)] (17) ~~Title 63N, Chapter 2, Part 3, Targeted Business Income Tax Credit in an~~
	2959	+	(a) Section 19-12-203 (Effective 01/01/26);
2948	2960		1451
2949		-	Enterprise Zone, is repealed December 31, 2024.
	2961	+	(b) Section 59-1-402 (Effective 01/01/26);
	2962	+	- 43 - 4th Sub. (Green) H.B. 60 03-04 08:09
2950	2963		1452
2951		-	Section ~~19.~~ Effective ~~Date.~~
	2964	+	(c) Section 59-1-1801 (Effective 01/01/26);
2952	2965		1453
2953		-	(1) ~~Except as provided in Subsection~~ (2)~~, this bill takes effect on May 7, 2025.~~
	2966	+	(d) Section 59-1-1802 (Effective 01/01/26);
2954	2967		1454
2955		-	(2) ~~The actions affecting the following sections take effect for a taxable year beginning on~~
	2968	+	(e) Section 59-10-104.1 (Effective 01/01/26);
2956	2969		1455
2957		-	or after January 1, 2026:
2958		-	- 43 - H.B. 60 Enrolled Copy
	2970	+	(f) Section 59-10-114 (Effective 01/01/26);
2959	2971		1456
2960		-	(a) Section ~~19-12-203~~ (Effective 01/01/26);
	2972	+	(g) Section 59-10-510 (Effective 01/01/26); and
2961	2973		1457
2962		-	(b) Section 59-~~1-402~~ (Effective 01/01/26);
	2974	+	(h) Section 59-10-1042 (Effective 01/01/26).
2963	2975		1458
2964		-	~~(c)~~ Section ~~59-1-1801 (Effective~~ ~~01/01/26);~~
	2976	+	Section 20. Retrospective operation.
2965	2977		1459
2966		-	~~(d) Section 59-1-1802 (Effective~~ ~~01/01/26);~~
	2978	+	The following sections have retrospective operation for a taxable year beginning on or
2967	2979		1460
2968		-	~~(e) Section 59-10-104.~~1 ~~(Effective 01/01/26);~~
	2980	+	after January 1, 2025:
2969	2981		1461
2970		-	(f) Section 59-~~10-114 (Effective 01/01/26)~~;
	2982	+	(1) Section 59-7-614;
2971	2983		1462
2972		-	(g) Section 59-10~~-510 (Effective 01/01/26)~~; ~~and~~
	2984	+	(2) Section 59-7-614.10;
2973	2985		1463
2974		-	(h) Section 59-10-~~1042 (Effective 01/01/26).~~
	2986	+	(3) Section 59-10-1037;
2975	2987		1464
2976		-	Section ~~20. Retrospective operation.~~
	2988	+	(4) Section 59-10-1045; and
2977	2989		1465
2978		-	The following sections have retrospective operation for a taxable year beginning on or
2979		-	1466
2980		-	after January 1, 2025:
2981		-	1467
2982		-	(1) Section 59-7-614;
2983		-	1468
2984		-	(2) Section 59-7-614.10;
2985		-	1469
2986		-	(3) Section 59-10-1037;
2987		-	1470
2988		-	(4) Section 59-10-1045; and
2989		-	1471
2990	2990		(5) Section 59-10-1102.2.
2991	2991		- 44 -