H.B. 90

1

INCOME TAX AMENDMENTS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Brian S. King
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends the Individual Income Tax Act.
10 Highlighted Provisions:
11 This bill:
12 . creates income tax brackets;
13 . increases individual income tax rates on taxpayers with state taxable income above
14 certain levels; and
15 . makes technical and conforming changes.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 This bill takes effect for a taxable year beginning on or after January 1, 2011.
20 Utah Code Sections Affected:
21 AMENDS:
22 59-10-104, as last amended by Laws of Utah 2008, Chapter 389
23 59-10-116, as last amended by Laws of Utah 2008, Chapters 382 and 389
24 59-10-201, as last amended by Laws of Utah 2008, Chapter 389
25 59-10-205, as last amended by Laws of Utah 2008, Chapter 389
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 59-10-104 is amended to read:
29 59-10-104. Tax base -- Tax rates -- Exemption.
30 (1) For a taxable [years beginning on or after January 1, 2008] year, a tax is imposed
31 on the state taxable income of a resident individual as provided in this section.
32 (2) For purposes of Subsection (1), for a taxable year, [the tax is an amount equal to the
33 product of: (a)] if the resident individual's state taxable income for that taxable year[; and (b)
34 5%.] is:
35 (a) less than or equal to $250,000, the tax is 5% of state taxable income;
36 (b) greater than $250,000 but less than or equal to $750,000, the tax is $12,500 plus
37 6% of state taxable income greater than $250,000; or
38 (c) greater than $750,000, the tax is $42,500 plus 7% of state taxable income greater
39 than $750,000.
40 (3) This section does not apply to a resident individual exempt from taxation under
41 Section 59-10-104.1 .
42 Section 2. Section 59-10-116 is amended to read:
43 59-10-116. Tax on nonresident individual -- Calculation -- Exemption.
44 (1) (a) Except as provided in Subsection (2), a tax is imposed on the state taxable
45 income of a nonresident individual [in an amount equal to the product of the:] as provided in
46 this section.
47 [(a)] (b) For purposes of Subsection (1)(a), for a taxable year, if the nonresident
48 individual's state taxable income[; and] for that taxable year is:
49 [(b) percentage listed in Subsection 59-10-104 (2).]
50 (i) less than or equal to $250,000, the tax is 5% of state taxable income;
51 (ii) greater than $250,000 but less than or equal to $750,000, the tax is $12,500 plus
52 6% of state taxable income greater than $250,000; or
53 (iii) greater than $750,000, the tax is $42,500 plus 7% of state taxable income greater
54 than $750,000.
55 (2) This section does not apply to a nonresident individual exempt from taxation under
56 Section 59-10-104.1 .
57 Section 3. Section 59-10-201 is amended to read:
58 59-10-201. Taxation of resident estate or trust.

59 (1) (a) Except as provided in Subsection (2), a tax [determined in accordance with the
60 rate prescribed by Subsection 59-10-104 (2)(b)] is imposed [for each taxable year] on the state
61 taxable income of [each] a resident estate or trust as provided in this section.
62 (b) For purposes of Subsection (1)(a), for a taxable year, if the state taxable income of
63 the resident estate or trust for that taxable year is:
64 (i) less than or equal to $250,000, the tax is 5% of state taxable income;
65 (ii) greater than $250,000 but less than or equal to $750,000, the tax is $12,500 plus
66 6% of state taxable income greater than $250,000; or
67 (iii) greater than $750,000, the tax is $42,500 plus 7% of state taxable income greater
68 than $750,000.
69 (2) The following are not subject to a tax imposed by this part:
70 (a) a resident estate or trust that is not required to file a federal income tax return for
71 estates and trusts for the taxable year; or
72 (b) a resident trust taxed as a corporation.
73 (3) A resident estate or trust shall be allowed the credit provided in Section
74 59-10-1003 , relating to an income tax imposed by another state, except that the limitation shall
75 be computed by reference to the taxable income of the estate or trust.
76 (4) The property of the Utah Educational Savings Plan trust established in Title 53B,
77 Chapter 8a, Higher Education Savings Incentive Program, and its income from operations and
78 investments are exempt from all taxation by the state under this chapter.
79 Section 4. Section 59-10-205 is amended to read:
80 59-10-205. Tax on nonresident estate or trust.
81 (1) (a) Except as provided in Subsection (2), a tax is imposed on the state taxable
82 income of a nonresident estate or trust [in an amount equal to the product of:] as provided in
83 this section.
84 [(a) the nonresident estate's or trust's state taxable income as determined under Section
85 59-10-204 ; and]
86 [(b) the percentage listed in Subsection 59-10-104 (2).]
87 (b) For purposes of Subsection (1)(a), for a taxable year, if the state taxable income of
88 the nonresident estate or trust for that taxable year is:
89 (i) less than or equal to $250,000, the tax is 5% of state taxable income;

90 (ii) greater than $250,000 but less than or equal to $750,000, the tax is $12,500 plus
91 6% of state taxable income greater than $250,000; or
92 (iii) greater than $750,000, the tax is $42,500 plus 7% of state taxable income greater
93 than $750,000.
94 (2) The following are not subject to a tax imposed by this part:
95 (a) a nonresident estate or trust that is not required to file a federal income tax return
96 for estates and trusts for the taxable year; or
97 (b) a nonresident trust taxed as a corporation.
98 Section 5. Effective date.
99 This bill takes effect for a taxable year beginning on or after January 1, 2011.




Legislative Review Note
as of 12-4-09 12:39 PM

Office of Legislative Research and General Counsel