Title 59 Chapter 10 Part 10 Section 1042

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Index	Utah Code
Title 59	Revenue and Taxation
Chapter 10	Individual Income Tax Act
Part 10	Nonrefundable Tax Credit Act
Section 1042	Nonrefundable tax credit for social security benefits. *(Effective 5/7/2025)* *(Superseded 1/1/2026)*

Effective 5/7/2025
Superseded 1/1/2026
59-10-1042. Nonrefundable tax credit for social security benefits.

(1)

As used in this section:

(a)	"Head of household filing status" means the same as that term is defined in Section 59-10-1018.

(b)	"Joint filing status" means the same as that term is defined in Section 59-10-1018.

(c)

"Married filing separately status" means a married individual who:

(i)	does not file a single federal individual income tax return jointly with that married individual's spouse for the taxable year; and

(ii)	files a single federal individual income tax return for the taxable year.

(d)

"Modified adjusted gross income" means the sum of the following for a claimant or, if the claimant's return under this chapter is allowed a joint filing status, the claimant and the claimant's spouse:

(i)	adjusted gross income for the taxable year for which a tax credit is claimed under this section;

(ii)	any interest income that is not included in adjusted gross income for the taxable year described in Subsection (1)(d)(i); and

(iii)

any addition to adjusted gross income required by Section 59-10-114 for the taxable year described in Subsection (1)(d)(i).

(e)	"Single filing status" means a single individual who files a single federal individual income tax return for the taxable year.

(f)	"Social security benefit" means an amount received by a claimant as a monthly benefit in accordance with the Social Security Act, 42 U.S.C. Sec. 401 et seq.

(2)

Except as provided in Section 59-10-1002.2 and Subsections (3) and (4), each claimant on a return that receives a social security benefit may claim a nonrefundable tax credit against taxes otherwise due under this part equal to the product of:

(a)	the percentage listed in Subsection 59-10-104(2); and

(b)	the claimant's social security benefit that is included in the claimant's state taxable income for the taxable year.

(3)

A claimant may not:

(a)	carry forward or carry back the amount of a tax credit under this section that exceeds the claimant's tax liability for the taxable year; or

(b)	claim a tax credit under this section for a taxable year if a tax credit under Section 59-10-1019 is claimed on the claimant's return for the same taxable year.

(4)

The tax credit allowed by Subsection (2) claimed on a return filed under this part shall be reduced by $.025 for each dollar by which modified adjusted gross income for purposes of the return exceeds:

(a)	for a federal individual income tax return that is allowed a married filing separately status, $45,000;

(b)	for a federal individual income tax return that is allowed a single filing status, $54,000;

(c)	for a federal individual income tax return that is allowed a head of household filing status, $90,000; or

(d)	for a return under this chapter that is allowed a joint filing status, $90,000.

(5)	In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules governing the calculation and method for claiming the tax credit described in this section.

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