<section number="59-10-1042"><effdate>5/7/2025</effdate><enddate type="SC">1/1/2026</enddate><catchline>Nonrefundable tax credit for social security benefits.</catchline><subsection number="59-10-1042(1)">As used in this section:<subsection number="59-10-1042(1)(a)">"Head of household filing status" means the same as that term is defined in Section <xref depth="3" refnumber="59-10-1018" start="0">59-10-1018</xref>.</subsection><subsection number="59-10-1042(1)(b)">"Joint filing status" means the same as that term is defined in Section <xref depth="3" refnumber="59-10-1018" start="0">59-10-1018</xref>.</subsection><subsection number="59-10-1042(1)(c)">"Married filing separately status" means a married individual who:<subsection number="59-10-1042(1)(c)(i)">does not file a single federal individual income tax return jointly with that married individual's spouse for the taxable year; and</subsection><subsection number="59-10-1042(1)(c)(ii)">files a single federal individual income tax return for the taxable year.</subsection></subsection><subsection number="59-10-1042(1)(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:<subsection number="59-10-1042(1)(d)(i)">adjusted gross income for the taxable year for which a tax credit is claimed under this section;</subsection><subsection number="59-10-1042(1)(d)(ii)">any interest income that is not included in adjusted gross income for the taxable year described in Subsection <xref depth="4" refnumber="59-10-1042(1)(d)(i)" start="0">(1)(d)(i)</xref>; and</subsection><subsection number="59-10-1042(1)(d)(iii)">any addition to adjusted gross income required by Section <xref depth="3" refnumber="59-10-114" start="0">59-10-114</xref> for the taxable year described in Subsection <xref depth="4" refnumber="59-10-1042(1)(d)(i)" start="0">(1)(d)(i)</xref>.</subsection></subsection><subsection number="59-10-1042(1)(e)">"Single filing status" means a single individual who files a single federal individual income tax return for the taxable year.</subsection><subsection number="59-10-1042(1)(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.</subsection></subsection><subsection number="59-10-1042(2)">Except as provided in Section <xref depth="3" refnumber="59-10-1002.2" start="0">59-10-1002.2</xref> and Subsections <xref depth="4" refnumber="59-10-1042(3)" start="0">(3)</xref> and <xref depth="4" refnumber="59-10-1042(4)" start="0">(4)</xref>, 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:<subsection number="59-10-1042(2)(a)">the percentage listed in Subsection <xref depth="4" refnumber="59-10-104(2)" start="0">59-10-104(2)</xref>; and</subsection><subsection number="59-10-1042(2)(b)">the claimant's social security benefit that is included in the claimant's state taxable income for the taxable year.</subsection></subsection><subsection number="59-10-1042(3)">A claimant may not:<subsection number="59-10-1042(3)(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</subsection><subsection number="59-10-1042(3)(b)">claim a tax credit under this section for a taxable year if a tax credit under Section <xref depth="3" refnumber="59-10-1019" start="0">59-10-1019</xref> is claimed on the claimant's return for the same taxable year.</subsection></subsection><subsection number="59-10-1042(4)">The tax credit allowed by Subsection <xref depth="4" refnumber="59-10-1042(2)" start="0">(2)</xref> 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:<subsection number="59-10-1042(4)(a)">for a federal individual income tax return that is allowed a married filing separately status, $45,000;</subsection><subsection number="59-10-1042(4)(b)">for a federal individual income tax return that is allowed a single filing status, $54,000;</subsection><subsection number="59-10-1042(4)(c)">for a federal individual income tax return that is allowed a head of household filing status, $90,000; or</subsection><subsection number="59-10-1042(4)(d)">for a return under this chapter that is allowed a joint filing status, $90,000.</subsection></subsection><subsection number="59-10-1042(5)">In accordance with <xref depth="1" refnumber="63G-3" start="0">Title 63G, Chapter 3, Utah Administrative Rulemaking Act</xref>, the commission may make rules governing the calculation and method for claiming the tax credit described in this section.</subsection></section>