02-12 16:15 S.B. 270 1 Income Tax Amendments 2025 GENERAL SESSION STATE OF UTAH Chief Sponsor: Heidi Balderree House Sponsor: 2 3 LONG TITLE 4 General Description: 5 This bill enacts an income tax credit for self-employment income. 6 Highlighted Provisions: 7 This bill: 8 ▸ defines terms; 9 ▸ enacts a nonrefundable income tax credit for individuals under a certain age who earn 10 self-employment income in Utah; and 11 ▸ provides for apportionment of the tax credit for nonresidents and part-time residents. 12 Money Appropriated in this Bill: 13 None 14 Other Special Clauses: 15 This bill provides retrospective operation. 16 Utah Code Sections Affected: 17 AMENDS: 18 59-10-1002.2 (Effective 05/07/25), as last amended by Laws of Utah 2023, Chapters 19 460, 462 20 ENACTS: 21 59-10-1048 (Effective 05/07/25) (Applies beginning 01/01/25), Utah Code Annotated 22 1953 23 24 Be it enacted by the Legislature of the state of Utah: 25 Section 1. Section 59-10-1002.2 is amended to read: 26 59-10-1002.2 (Effective 05/07/25). Apportionment of tax credits. 27 (1) A nonresident individual or a part-year resident individual that claims a tax credit in 28 accordance with Section 59-10-1017, 59-10-1018, 59-10-1019, 59-10-1022, 59-10-1023, 29 59-10-1024, 59-10-1028, 59-10-1042, 59-10-1043, 59-10-1044, 59-10-1046,[ or] 30 59-10-1047, or 59-10-1048 may only claim an apportioned amount of the tax credit S.B. 270 S.B. 270 02-12 16:15 31 equal to: 32 (a) for a nonresident individual, the product of: 33 (i) the state income tax percentage for the nonresident individual; and 34 (ii) the amount of the tax credit that the nonresident individual would have been 35 allowed to claim but for the apportionment requirements of this section; or 36 (b) for a part-year resident individual, the product of: 37 (i) the state income tax percentage for the part-year resident individual; and 38 (ii) the amount of the tax credit that the part-year resident individual would have been 39 allowed to claim but for the apportionment requirements of this section. 40 (2) A nonresident estate or trust that claims a tax credit in accordance with Section 41 59-10-1017, 59-10-1020, 59-10-1022, 59-10-1024, or 59-10-1028 may only claim an 42 apportioned amount of the tax credit equal to the product of: 43 (a) the state income tax percentage for the nonresident estate or trust; and 44 (b) the amount of the tax credit that the nonresident estate or trust would have been 45 allowed to claim but for the apportionment requirements of this section. 46 Section 2. Section 59-10-1048 is enacted to read: 47 59-10-1048 (Effective 05/07/25) (Applies beginning 01/01/25). Nonrefundable tax 48 credit for self-employment earners under a certain age. 49 (1) As used in this section: 50 (a) "Adjusted taxable value limit" means: 51 (i) for the taxable year beginning on January 1, 2025, $3,000; or 52 (ii) for a taxable year beginning on or after January 1, 2026, an amount equal to the 53 sum of: 54 (A) the amount of the adjusted taxable value limit for the previous taxable year; 55 and 56 (B) an amount calculated by multiplying the amount of the adjusted taxable value 57 limit for the previous taxable year and the actual percentage change in the 58 consumer price index during the previous calendar year, rounded to the nearest 59 whole dollar. 60 (b) "Qualifying claimant" means an individual who: 61 (i) earns self-employment income in Utah during a taxable year; and 62 (ii) is 19 years old or younger on the last day of the taxable year in which the 63 individual claims a tax credit under this section. 64 (c) "Self-employment" means employment in which an individual operates a trade or - 2 - 02-12 16:15 S.B. 270 65 business, either as an owner, sole proprietor, or partner, rather than working for an 66 employer. 67 (d) "Self-employment income" means income that: 68 (i) is derived from self-employment during a taxable year; and 69 (ii) is subject to self-employment tax for federal income tax purposes. 70 (2) Subject to Section 59-10-1002.2, a qualifying claimant may claim a nonrefundable 71 income tax credit in an amount equal to the lesser of: 72 (a) the product of: 73 (i) the total amount of self-employment income derived from Utah sources that the 74 qualifying claimant earns during the taxable year; and 75 (ii) the percentage listed in Subsection 59-10-104(2); and 76 (b) the adjusted taxable value limit. 77 (3) A qualifying claimant may not carry forward or carry back the amount of the tax credit 78 that exceeds the qualifying claimant's tax liability for the taxable year. 79 Section 3. Effective Date. 80 This bill takes effect on May 7, 2025. 81 Section 4. Retrospective operation. 82 This bill has retrospective operation for a taxable year beginning on or after January 1, 83 2025. - 3 -