1     
LAWN EQUIPMENT TAX CREDIT AMENDMENTS

2     
2024 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephanie Pitcher

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill creates a nonrefundable income tax credit for sales of new, electric-powered
10     lawn equipment.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     enacts a nonrefundable income tax credit for sellers that sell new, electric-powered
15     lawn equipment at a discount;
16          ▸     requires a seller that intends to claim the tax credit to report information about sales
17     to the State Tax Commission;
18          ▸     schedules the repeal of the tax credit but requires legislative review before repeal;
19     and
20          ▸     makes technical and conforming changes.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          This bill provides retrospective operation.
25     Utah Code Sections Affected:
26     AMENDS:
27          63I-1-259, as last amended by Laws of Utah 2023, Chapter 52

28     ENACTS:
29          59-1-214, Utah Code Annotated 1953
30          59-7-627, Utah Code Annotated 1953
31          59-10-1048, Utah Code Annotated 1953
32     

33     Be it enacted by the Legislature of the state of Utah:
34          Section 1. Section 59-1-214 is enacted to read:
35          59-1-214. Reporting of lawn equipment sales.
36          (1) As used in this section:
37          (a) "Discount" means the subtraction of 30% or more off of the purchase price for
38     which a seller offers an item of lawn equipment for purchase.
39          (b) "Lawn equipment" means a chainsaw, an edger, a lawn mower, a leaf blower, a leaf
40     vacuum, a trimmer, or a snowblower.
41          (c) "Purchase price" means the same as that term is defined in Section 59-12-102.
42          (d) "Retail sale" means the same as that term is defined in Section 59-12-102.
43          (2) A seller of lawn equipment that intends to claim a tax credit described in Section
44     59-7-627 or 59-10-1048 shall report to the commission annually, on or before the due date, not
45     including extensions, for filing an income tax return for the previous taxable year:
46          (a) identifying information of the seller;
47          (b) the aggregate purchase price for all retail sales in the state of new, electric-powered
48     lawn equipment sold by the seller at a discount during the previous taxable year; and
49          (c) a certification that the seller included only the purchase price of new,
50     electric-powered lawn equipment:
51          (i) that is sold within the state; and
52          (ii) for which the purchaser received a discount.
53          (3) Lawn equipment is sold within the state if the seller sources the sale to the state in
54     accordance with Sections 59-12-211 through 59-12-215.
55          (4) The commission shall report the information reported in accordance with
56     Subsection (2)(b), by taxable year, for all sellers that are eligible to claim a tax credit described
57     in Section 59-7-627 or 59-10-1048 to the committee assigned to complete the review required
58     by Section 63I-1-259.

59          Section 2. Section 59-7-627 is enacted to read:
60          59-7-627. Nonrefundable tax credit for seller of electric lawn equipment.
61          (1) As used in this section:
62          (a) "Discount" means the same as that term is defined in Section 59-1-214.
63          (b) "Lawn equipment" means the same as that term is defined in Section 59-1-214.
64          (c) "Purchase price" means the same as that term is defined in Section 59-12-102.
65          (d) "Qualifying taxpayer" means a taxpayer that complies with the requirements
66     described in Section 59-1-214.
67          (e) "Retail sale" means the same as that term is defined in Section 59-12-102.
68          (2) For a taxable year beginning before January 1, 2027, a qualifying taxpayer may
69     claim a nonrefundable tax credit equal to 30% of the purchase price for all retail sales in the
70     state of new, electric-powered lawn equipment that the qualifying taxpayer sold at a discount
71     during the taxable year.
72          (3) (a) A qualifying taxpayer may carry forward, to the next five taxable years, the
73     amount of the tax credit that exceeds the qualifying taxpayer's tax liability for the taxable year.
74          (b) A qualifying taxpayer may not carry back the amount of the tax credit that exceeds
75     the qualifying taxpayer's tax liability for the taxable year.
76          (4) Lawn equipment is sold within the state if the qualifying taxpayer sources the sale
77     to the state in accordance with Sections 59-12-211 through 59-12-215.
78          Section 3. Section 59-10-1048 is enacted to read:
79          59-10-1048. Nonrefundable tax credit for seller of electric lawn equipment.
80          (1) As used in this section:
81          (a) "Discount" means the same as that term is defined in Section 59-1-214.
82          (b) "Lawn equipment" means the same as that term is defined in Section 59-1-214.
83          (c) "Purchase price" means the same as that term is defined in Section 59-12-102.
84          (d) "Qualifying claimant" means a claimant, estate, or trust that complies with the
85     requirements described in Section 59-1-214.
86          (e) "Retail sale" means the same as that term is defined in Section 59-12-102.
87          (2) For a taxable year beginning before January 1, 2027, a qualifying claimant may
88     claim a nonrefundable tax credit equal to 30% of the purchase price for all retail sales in the
89     state of new, electric-powered lawn equipment that the qualifying claimant sold at a discount

90     during the taxable year.
91          (3) (a) A qualifying claimant may carry forward, to the next five taxable years, the
92     amount of the tax credit that exceeds the qualifying claimant's tax liability for the taxable year.
93          (b) A qualifying claimant may not carry back the amount of the tax credit that exceeds
94     the qualifying claimant's tax liability for the taxable year.
95          (4) Lawn equipment is sold within the state if the qualifying claimant sources the sale
96     to the state in accordance with Sections 59-12-211 through 59-12-215.
97          Section 4. Section 63I-1-259 is amended to read:
98          63I-1-259. Repeal dates: Title 59.
99          (1) Section 59-1-213.1 is repealed May 9, 2024.
100          (2) Section 59-1-213.2 is repealed May 9, 2024.
101          (3) Section 59-1-214 is repealed December 31, 2027.
102          [(3)] (4) Subsection 59-1-403(4)(aa), which authorizes the State Tax Commission to
103     inform the Department of Workforce Services whether an individual claimed a federal earned
104     income tax credit, is repealed July 1, 2029.
105          [(4)] (5) Subsection 59-1-405(1)(g) is repealed May 9, 2024.
106          [(5)] (6) Subsection 59-1-405(2)(b) is repealed May 9, 2024.
107          [(6)] (7) Section 59-7-618.1 is repealed July 1, 2029.
108          (8) Section 59-7-627 is repealed December 31, 2027.
109          [(7)] (9) Section 59-9-102.5 is repealed December 31, 2030.
110          [(8)] (10) Section 59-10-1033.1 is repealed July 1, 2029.
111          (11) Section 59-10-1048 is repealed December 31, 2027.
112          Section 5. Effective date.
113          This bill takes effect on May 1, 2024.
114          Section 6. Retrospective operation.
115          (1) The following sections have retrospective operation for a taxable year beginning on
116     or after January 1, 2024:
117          (a) Section 59-7-627, effective May 1, 2024; and
118          (b) Section 59-10-1048, effective May 1, 2024.