Representative Jeremy A. Peterson proposes the following substitute bill:


1     
STUDENT PROSPERITY SAVINGS PROGRAM - TAX AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jeremy A. Peterson

5     
Senate Sponsor: Deidre M. Henderson

6     

7     LONG TITLE
8     General Description:
9          This bill creates the Student Prosperity Savings Program and related corporate and
10     individual tax benefits.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     creates the Student Prosperity Savings Program;
15          ▸     provides a method for donating to the Student Prosperity Savings Program and
16     obtaining proof of the donation;
17          ▸     provides a process for certain high school students to obtain tax-advantaged college
18     savings accounts;
19          ▸     permits a corporation to subtract a donation to the Student Prosperity Savings
20     Program from unadjusted income;
21          ▸     creates an individual tax credit for a donation to the Student Prosperity Savings
22     Program; and
23          ▸     makes technical changes.
24     Money Appropriated in this Bill:
25          This bill appropriates in fiscal year 2018:

26          ▸     to the Board of Regents -- Administration, as a one-time appropriation:
27               •     from the General Fund, $40,000.
28          ▸     to the Board of Regents -- Administration, as an ongoing appropriation:
29               •     from the General Fund, $10,000.
30     Other Special Clauses:
31          This bill provides a special effective date.
32          This bill provides retrospective operation.
33     Utah Code Sections Affected:
34     AMENDS:
35          53B-8a-102, as last amended by Laws of Utah 2015, Chapter 94
36          59-7-105, as last amended by Laws of Utah 2015, Chapter 30
37          59-7-106, as last amended by Laws of Utah 2015, Chapters 30 and 94
38          59-10-114, as last amended by Laws of Utah 2016, Chapter 263
39          59-10-202, as last amended by Laws of Utah 2010, Chapter 6
40          59-10-1017, as last amended by Laws of Utah 2015, Chapter 94
41     ENACTS:
42          53B-8a-102.5, Utah Code Annotated 1953
43          53B-8a-201, Utah Code Annotated 1953
44          53B-8a-202, Utah Code Annotated 1953
45          53B-8a-203, Utah Code Annotated 1953
46          53B-8a-204, Utah Code Annotated 1953
47          53B-8a-205, Utah Code Annotated 1953
48          59-10-1017.1, Utah Code Annotated 1953
49     

50     Be it enacted by the Legislature of the state of Utah:
51          Section 1. Section 53B-8a-102 is amended to read:
52     
Part 1. Utah Educational Savings Plan

53          53B-8a-102. Definitions for chapter.
54          As used in this chapter:
55          (1) "Account agreement" means an agreement between an account owner and the Utah
56     Educational Savings Plan entered into under this chapter.

57          (2) "Account owner" means a person, estate, or trust, if that person, estate, or trust has
58     entered into an account agreement under this chapter to save for the higher education costs on
59     behalf of a beneficiary.
60          [(3) "Administrative fund" means the money used to administer the Utah Educational
61     Savings Plan.]
62          [(4)] (3) "Beneficiary" means the individual designated in an account agreement to
63     benefit from the amount saved for higher education costs.
64          [(5) "Board" means the board of directors of the Utah Educational Savings Plan which
65     is the state Board of Regents acting in its capacity as the Utah Higher Education Assistance
66     Authority under Title 53B, Chapter 12, Higher Education Assistance Authority.]
67          [(6) "Endowment fund" means the endowment fund established under Section
68     53B-8a-107 which is held as a separate fund within the Utah Educational Savings Plan.]
69          [(7) "Executive director" means the administrator appointed to administer and manage
70     the Utah Educational Savings Plan.]
71          [(8) "Federally insured depository institution" means an institution whose deposits and
72     accounts are to any extent insured by a federal deposit insurance agency, including the Federal
73     Deposit Insurance Corporation and the National Credit Union Administration.]
74          [(9) "Grantor trust" means a trust, the income of which is for the benefit of the grantor
75     under Section 677, Internal Revenue Code.]
76          [(10) "Higher education costs" means qualified higher education expenses as defined in
77     Section 529(e)(3), Internal Revenue Code.]
78          [(11) "Owner of the grantor trust" means one or more individuals who are treated as an
79     owner of a trust under Section 677, Internal Revenue Code, if that trust is a grantor trust.]
80          [(12)] (4) "Plan" means the Utah Educational Savings Plan created in Section
81     53B-8a-103.
82          [(13) "Program fund" means the program fund created under Section 53B-8a-107,
83     which is held as a separate fund within the Utah Educational Savings Plan.]
84          [(14) "Qualified investment" means an amount invested in accordance with an account
85     agreement established under this chapter.]
86          [(15) "Tuition and fees" means the quarterly or semester charges imposed to attend an
87     institution of higher education and required as a condition of enrollment.]

88          Section 2. Section 53B-8a-102.5 is enacted to read:
89          53B-8a-102.5. Definitions for part.
90          As used in this part:
91          (1) "Administrative fund" means the money used to administer the Utah Educational
92     Savings Plan.
93          (2) "Board" means the board of directors of the Utah Educational Savings Plan, which
94     is the State Board of Regents acting in the State Board of Regents' capacity as the Utah Higher
95     Education Assistance Authority under Title 53B, Chapter 12, Higher Education Assistance
96     Authority.
97          (3) "Endowment fund" means the endowment fund established under Section
98     53B-8a-107, which is held as a separate fund within the Utah Educational Savings Plan.
99          (4) "Executive director" means the administrator appointed to administer and manage
100     the Utah Educational Savings Plan.
101          (5) "Federally insured depository institution" means an institution whose deposits and
102     accounts are to any extent insured by a federal deposit insurance agency, including the Federal
103     Deposit Insurance Corporation and the National Credit Union Administration.
104          (6) "Grantor trust" means a trust, the income of which is for the benefit of the grantor
105     under Section 677, Internal Revenue Code.
106          (7) "Higher education costs" means qualified higher education expenses as defined in
107     Section 529(e)(3), Internal Revenue Code.
108          (8) "Owner of the grantor trust" means one or more individuals who are treated as an
109     owner of a trust under Section 677, Internal Revenue Code, if that trust is a grantor trust.
110          (9) "Program fund" means the program fund created under Section 53B-8a-107, which
111     is held as a separate fund within the Utah Educational Savings Plan.
112          (10) "Qualified investment" means an amount invested in accordance with an account
113     agreement established under this part.
114          (11) "Tuition and fees" means the quarterly or semester charges imposed to attend an
115     institution of higher education and required as a condition of enrollment.
116          Section 3. Section 53B-8a-201 is enacted to read:
117     
Part 2. Student Prosperity Savings Program

118          53B-8a-201. Definitions.

119          As used in this part:
120          (1) "529 savings account" means a tax-advantaged method of saving for higher
121     education costs on behalf of a particular individual that:
122          (a) meets the requirements of Section 529, Internal Revenue Code; and
123          (b) is managed by the plan.
124          (2) "Child" means an individual less than 20 years of age.
125          (3) "Community partner" means a nonprofit organization that provide services to a
126     child who is economically disadvantaged or a family member, legal guardian, or legal
127     custodian of a child who is economically disadvantaged.
128          (4) "Donation" means a gift, grant, donation, or any other conveyance of money by a
129     person other than the Legislature that is not made directly for the benefit or on behalf of a
130     particular individual.
131          (5) "Economically disadvantaged" means that a child is:
132          (a) experiencing intergenerational poverty;
133          (b) a member or foster child of a family with an annual income at or below 185% of
134     the federal poverty level; or
135          (c) living with a legal custodian or legal guardian with an annual family income at or
136     below 185% of the federal poverty level.
137          (6) "Eligible individual" means an individual who:
138          (a) is at least 15 years of age and under 20 years of age;
139          (b) is a student in grade 10, grade 11, or grade 12 in Utah;
140          (c) is economically disadvantaged; and
141          (d) receives, or has a family member, a foster family member, or a legal custodian or
142     legal guardian who receives, services from a community partner.
143          (7) "Federal poverty level" means the poverty level as defined by the most recently
144     revised poverty income guidelines published by the United States Department of Health and
145     Human Services in the Federal Register.
146          (8) "Higher education costs" means the same as that term is defined in Section
147     53B-8a-102.5, except that the expenses must be incurred at:
148          (a) a credit-granting institution of higher education within the state system of higher
149     education;

150          (b) a private, nonprofit college or university in the state that is accredited by the
151     Northwestern Association of Schools and Colleges; or
152          (c) a college within the Utah College of Applied Technology.
153          (9) "Intergenerational poverty" means the same as that term is defined in Section
154     35A-9-102.
155          (10) "Program" means the Student Prosperity Savings Program created in Section
156     53B-8a-202.
157          Section 4. Section 53B-8a-202 is enacted to read:
158          53B-8a-202. Student Prosperity Savings Program.
159          (1) There is created the Student Prosperity Savings Program.
160          (2) The program is funded by:
161          (a) appropriations from the Legislature; and
162          (b) donations made in accordance with Section 53B-8a-203.
163          (3) (a) The plan shall administer the program.
164          (b) The plan shall use the program to create 529 savings accounts in accordance with
165     this part.
166          Section 5. Section 53B-8a-203 is enacted to read:
167          53B-8a-203. Donations to the program.
168          (1) (a) A person may make a donation to the program by:
169          (i) sending the donation to the plan; and
170          (ii) including with the donation, direction that the donation benefit the program.
171          (b) A person making a donation shall include the person's name and mailing address
172     with the donation.
173          (2) (a) The plan shall mail a receipt to the person that makes the donation.
174          (b) The receipt described in Subsection (2)(a) shall state:
175          (i) the name of the person that made the donation;
176          (ii) the amount of the donation; and
177          (iii) the date on which the person makes the donation.
178          (c) The date on which the person makes a donation to the program is the date on which
179     the plan receives the donation, unless the plan receives the donation on a Saturday, a Sunday,
180     or a holiday, in which case the date on which the person makes the donation shall be the first

181     business day after the day on which the plan receives the donation.
182          (d) A person that receives a receipt described in Subsection (2)(a) shall retain the
183     receipt for the same time period a person is required to keep books and records under Section
184     59-1-1406.
185          Section 6. Section 53B-8a-204 is enacted to read:
186          53B-8a-204. Distribution of program money -- Application process --
187     Prioritization -- Account agreements.
188          (1) The plan shall distribute money in the program by creating a 529 savings account
189     for an eligible individual identified by a community partner.
190          (2) (a) (i) The plan shall carry out the responsibility described in Subsection (1) by
191     establishing a process in which a community partner may apply for an allocation of program
192     money to designate for eligible individuals.
193          (ii) The State Board of Regents shall establish the application process for a community
194     partner to apply for an allocation of program money.
195          (iii) The application process described in Subsection (2)(a)(ii) shall include:
196          (A) the criteria for a community partner to apply for an allocation of program money;
197          (B) the criteria that the plan will use to prioritize applications if the dollar amounts
198     requested in the applications exceed the dollar amount available;
199          (C) the requirements for establishing a 529 savings account in the name of an eligible
200     individual; and
201          (D) the roles and responsibilities of a community partner that makes a successful
202     application for an allocation of program money.
203          (b) (i) A community partner that receives an allocation of program money shall enter
204     into a contract with the plan.
205          (ii) The contract described in Subsection (2)(b)(i) shall:
206          (A) define the roles and responsibilities of the community partner and the plan with
207     regard to the community partner's allocation of program money; and
208          (B) specify that the individual the community partner identifies to receive a portion of
209     the community partner's allocation is an eligible individual.
210          (3) If the plan approves a community partner's application for an allocation of program
211     money, the plan may not promise or otherwise encumber the allocation to any other person

212     unless the allocation is forfeited under Subsection (5)(b)(ii).
213          (4) (a) A community partner shall identify each eligible individual who will receive a
214     portion of the community partner's allocation of program money.
215          (b) After a community partner identifies an eligible individual to receive a portion of
216     the community partner's allocation, the community partner shall notify the plan of:
217          (i) the amount of the community partner's allocation that shall transfer to a 529 savings
218     account in the name of the identified eligible individual; and
219          (ii) the amount, if any, that the community partner will be contributing in accordance
220     with Part 1, Utah Educational Savings Plan, to the 529 savings account on behalf of the
221     identified eligible individual.
222          (5) (a) Upon receiving the information described in Subsection (4)(b), the plan shall
223     establish a 529 savings account for the identified eligible individual, with the community
224     partner as the account owner.
225          (b) The community partner shall inform the beneficiary that:
226          (i) within three years after the day on which the beneficiary graduates from high
227     school, the beneficiary shall enroll in:
228          (A) a credit-granting institution of higher education within the state system of higher
229     education;
230          (B) a private, nonprofit college or university in the state that is accredited by the
231     Northwestern Association of Schools and Colleges; or
232          (C) a college within the Utah College of Applied Technology; and
233          (ii) if the beneficiary fails to enroll within three years after the day on which the
234     beneficiary graduates from high school, any money that remains in the 529 savings account
235     shall be returned to the program.
236          (c) After entering into the account agreement described in Subsection (5)(a), the plan
237     shall deposit into the beneficiary's 529 savings account the amount of the allocation described
238     in Subsection (4)(b)(i).
239          Section 7. Section 53B-8a-205 is enacted to read:
240          53B-8a-205. Application of other provisions of this chapter.
241          The provisions of Part 1, Utah Educational Savings Plan, except Subsection
242     53B-8a-109(3), govern the 529 savings accounts established under the Student Prosperity

243     Savings Program.
244          Section 8. Section 59-7-105 is amended to read:
245          59-7-105. Additions to unadjusted income.
246          In computing adjusted income the following amounts shall be added to unadjusted
247     income:
248          (1) interest from bonds, notes, and other evidences of indebtedness issued by any state
249     of the United States, including any agency and instrumentality of a state of the United States;
250          (2) the amount of any deduction taken on a corporation's federal return for taxes paid
251     by a corporation:
252          (a) to Utah for taxes imposed by this chapter; and
253          (b) to another state of the United States, a foreign country, a United States possession,
254     or the Commonwealth of Puerto Rico for taxes imposed for the privilege of doing business, or
255     exercising its corporate franchise, including income, franchise, corporate stock and business
256     and occupation taxes;
257          (3) the safe harbor lease adjustment required under Subsections 59-7-111(1)(a) and
258     (2)(a);
259          (4) capital losses that have been deducted on a Utah corporate return in previous years;
260          (5) any deduction on the federal return that has been previously deducted on the Utah
261     return;
262          (6) charitable contributions, to the extent deducted on the federal return when
263     determining federal taxable income;
264          (7) the amount of gain or loss determined under Section 59-7-114 relating to a target
265     corporation under Section 338, Internal Revenue Code, unless such gain or loss has already
266     been included in the unadjusted income of the target corporation;
267          (8) the amount of gain or loss determined under Section 59-7-115 relating to
268     corporations treated for federal purposes as having disposed of its assets under Section 336(e),
269     Internal Revenue Code, unless such gain or loss has already been included in the unadjusted
270     income of the target corporation;
271          (9) adjustments to gains, losses, depreciation expense, amortization expense, and
272     similar items due to a difference between basis for federal purposes and basis as computed
273     under Section 59-7-107;

274          (10) the amount withdrawn under Title 53B, Chapter 8a, Utah Educational Savings
275     Plan, from the account of a corporation that is an account owner as defined in Section
276     53B-8a-102, for the taxable year for which the amount is withdrawn, if that amount withdrawn
277     from the account of the corporation that is the account owner:
278          (a) is not expended for:
279          (i) higher education costs as defined in Section [53B-8a-102] 53B-8a-102.5; or
280          (ii) a payment or distribution that qualifies as an exception to the additional tax for
281     distributions not used for educational expenses provided in Sections 529(c) and 530(d),
282     Internal Revenue Code; and
283          (b) is subtracted by the corporation:
284          (i) that is the account owner; and
285          (ii) in accordance with Subsection 59-7-106 (1)(r); and
286          (11) the amount of the deduction for dividends paid, as defined in Section 561, Internal
287     Revenue Code, that is allowed under Section 857(b)(2)(B), Internal Revenue Code, in
288     computing the taxable income of a captive real estate investment trust, if that captive real estate
289     investment trust is subject to federal income taxation.
290          Section 9. Section 59-7-106 is amended to read:
291          59-7-106. Subtractions from unadjusted income.
292          (1) In computing adjusted income, the following amounts shall be subtracted from
293     unadjusted income:
294          (a) the foreign dividend gross-up included in gross income for federal income tax
295     purposes under Section 78, Internal Revenue Code;
296          (b) subject to Subsection (2), the net capital loss, as defined for federal purposes, if the
297     taxpayer elects to deduct the net capital loss on the return filed under this chapter for the
298     taxable year for which the net capital loss is incurred;
299          (c) the decrease in salary expense deduction for federal income tax purposes due to
300     claiming the federal work opportunity credit under Section 51, Internal Revenue Code;
301          (d) the decrease in qualified research and basic research expense deduction for federal
302     income tax purposes due to claiming the federal credit for increasing research activities under
303     Section 41, Internal Revenue Code;
304          (e) the decrease in qualified clinical testing expense deduction for federal income tax

305     purposes due to claiming the federal credit for clinical testing expenses for certain drugs for
306     rare diseases or conditions under Section 45C, Internal Revenue Code;
307          (f) any decrease in any expense deduction for federal income tax purposes due to
308     claiming any other federal credit;
309          (g) the safe harbor lease adjustment required under Subsections 59-7-111(1)(b) and
310     (2)(b);
311          (h) any income on the federal corporation income tax return that has been previously
312     taxed by Utah;
313          (i) an amount included in federal taxable income that is due to a refund of a tax,
314     including a franchise tax, an income tax, a corporate stock and business tax, or an occupation
315     tax:
316          (i) if that tax is imposed for the privilege of:
317          (A) doing business; or
318          (B) exercising a corporate franchise;
319          (ii) if that tax is paid by the corporation to:
320          (A) Utah;
321          (B) another state of the United States;
322          (C) a foreign country;
323          (D) a United States possession; or
324          (E) the Commonwealth of Puerto Rico; and
325          (iii) to the extent that tax was added to unadjusted income under Section 59-7-105;
326          (j) a charitable contribution, to the extent the charitable contribution is allowed as a
327     subtraction under Section 59-7-109;
328          (k) subject to Subsection (3), 50% of a dividend considered to be received or received
329     from a subsidiary that:
330          (i) is a member of the unitary group;
331          (ii) is organized or incorporated outside of the United States; and
332          (iii) is not included in a combined report under Section 59-7-402 or 59-7-403;
333          (l) subject to Subsection (4) and Section 59-7-401, 50% of the adjusted income of a
334     foreign operating company;
335          (m) the amount of gain or loss that is included in unadjusted income but not recognized

336     for federal purposes on stock sold or exchanged by a member of a selling consolidated group as
337     defined in Section 338, Internal Revenue Code, if an election has been made in accordance
338     with Section 338(h)(10), Internal Revenue Code;
339          (n) the amount of gain or loss that is included in unadjusted income but not recognized
340     for federal purposes on stock sold, exchanged, or distributed by a corporation in accordance
341     with Section 336(e), Internal Revenue Code, if an election under Section 336(e), Internal
342     Revenue Code, has been made for federal purposes;
343          (o) subject to Subsection (5), an adjustment to the following due to a difference
344     between basis for federal purposes and basis as computed under Section 59-7-107:
345          (i) an amortization expense;
346          (ii) a depreciation expense;
347          (iii) a gain;
348          (iv) a loss; or
349          (v) an item similar to Subsections (1)(o)(i) through (iv);
350          (p) an interest expense that is not deducted on a federal corporation income tax return
351     under Section 265(b) or 291(e), Internal Revenue Code;
352          (q) 100% of dividends received from a subsidiary that is an insurance company if that
353     subsidiary that is an insurance company is:
354          (i) exempt from this chapter under Subsection 59-7-102(1)(c); and
355          (ii) under common ownership;
356          (r) subject to Subsection 59-7-105(10), for a corporation that is an account owner as
357     defined in Section 53B-8a-102 [shall subtract], the amount of a qualified investment as defined
358     in Section [53B-8a-102] 53B-8a-102.5:
359          (i) that the corporation or a person other than the corporation makes into an account
360     owned by the corporation during the taxable year;
361          (ii) to the extent that neither the corporation nor the person other than the corporation
362     described in Subsection (1)(r)(i) deducts the qualified investment on a federal income tax
363     return; and
364          (iii) to the extent the qualified investment does not exceed the maximum amount of the
365     qualified investment that may be subtracted from unadjusted income for a taxable year in
366     accordance with Subsection 53B-8a-106(1);

367          (s) for a corporation that makes a donation, as that term is defined in Section
368     53B-8a-201, to the Student Prosperity Savings Program created in Section 53B-8a-202, the
369     amount of the donation to the extent that the corporation did not deduct the donation on a
370     federal income tax return;
371          [(s)] (t) for purposes of income included in a combined report under Part 4, Combined
372     Reporting, the entire amount of the dividends a member of a unitary group receives or is
373     considered to receive from a captive real estate investment trust; and
374          [(t)] (u) the increase in income for federal income tax purposes due to claiming a:
375          (i) qualified tax credit bond credit under Section 54A, Internal Revenue Code; or
376          (ii) qualified zone academy bond under Section 1397E, Internal Revenue Code.
377          (2) For purposes of Subsection (1)(b):
378          (a) the subtraction shall be made by claiming the subtraction on a return filed:
379          (i) under this chapter for the taxable year for which the net capital loss is incurred; and
380          (ii) by the due date of the return, including extensions; and
381          (b) a net capital loss for a taxable year shall be:
382          (i) subtracted for the taxable year for which the net capital loss is incurred; or
383          (ii) carried forward as provided in Sections 1212(a)(1)(B) and (C), Internal Revenue
384     Code.
385          (3) (a) For purposes of calculating the subtraction provided for in Subsection (1)(k), a
386     taxpayer shall first subtract from a dividend considered to be received or received an expense
387     directly attributable to that dividend.
388          (b) For purposes of Subsection (3)(a), the amount of an interest expense that is
389     considered to be directly attributable to a dividend is calculated by multiplying the interest
390     expense by a fraction:
391          (i) the numerator of which is the taxpayer's average investment in the dividend paying
392     subsidiaries; and
393          (ii) the denominator of which is the taxpayer's average total investment in assets.
394          (c) (i) For purposes of calculating the subtraction allowed by Subsection (1)(k), in
395     determining income apportionable to this state, a portion of the factors of a foreign subsidiary
396     that has dividends that are partially subtracted under Subsection (1)(k) shall be included in the
397     combined report factors as provided in this Subsection (3)(c).

398          (ii) For purposes of Subsection (3)(c)(i), the portion of the factors of a foreign
399     subsidiary that has dividends that are partially subtracted under Subsection (1)(k) that shall be
400     included in the combined report factors is calculated by multiplying each factor of the foreign
401     subsidiary by a fraction:
402          (A) not to exceed 100%; and
403          (B) (I) the numerator of which is the amount of the dividend paid by the foreign
404     subsidiary that is included in adjusted income; and
405          (II) the denominator of which is the current year earnings and profits of the foreign
406     subsidiary as determined under the Internal Revenue Code.
407          (4) (a) For purposes of Subsection (1)(l), a taxpayer may not make a subtraction under
408     Subsection (1)(l):
409          (i) if the taxpayer elects to file a worldwide combined report as provided in Section
410     59-7-403; or
411          (ii) for the following:
412          (A) income generated from intangible property; or
413          (B) a capital gain, dividend, interest, rent, royalty, or other similar item that is
414     generated from an asset held for investment and not from a regular business trading activity.
415          (b) In calculating the subtraction provided for in Subsection (1)(l), a foreign operating
416     company:
417          (i) may not subtract an amount provided for in Subsection (1)(k) or (l); and
418          (ii) prior to determining the subtraction under Subsection (1)(l), shall eliminate a
419     transaction that occurs between members of a unitary group.
420          (c) For purposes of the subtraction provided for in Subsection (1)(l), in determining
421     income apportionable to this state, the factors for a foreign operating company shall be
422     included in the combined report factors in the same percentages as the foreign operating
423     company's adjusted income is included in the combined adjusted income.
424          (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
425     commission may by rule define what constitutes:
426          (i) income generated from intangible property; or
427          (ii) a capital gain, dividend, interest, rent, royalty, or other similar item that is
428     generated from an asset held for investment and not from a regular business trading activity.

429          (5) (a) For purposes of the subtraction provided for in Subsection (1)(o), the amount of
430     a reduction in basis shall be allowed as an expense for the taxable year in which a federal tax
431     credit is claimed if:
432          (i) there is a reduction in federal basis for a federal tax credit; and
433          (ii) there is no corresponding tax credit allowed in this state.
434          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
435     commission may by rule define what constitutes an item similar to Subsections (1)(o)(i)
436     through (iv).
437          Section 10. Section 59-10-114 is amended to read:
438          59-10-114. Additions to and subtractions from adjusted gross income of an
439     individual.
440          (1) There shall be added to adjusted gross income of a resident or nonresident
441     individual:
442          (a) a lump sum distribution that the taxpayer does not include in adjusted gross income
443     on the taxpayer's federal individual income tax return for the taxable year;
444          (b) the amount of a child's income calculated under Subsection (4) that:
445          (i) a parent elects to report on the parent's federal individual income tax return for the
446     taxable year; and
447          (ii) the parent does not include in adjusted gross income on the parent's federal
448     individual income tax return for the taxable year;
449          (c) (i) a withdrawal from a medical care savings account and any penalty imposed for
450     the taxable year if:
451          (A) the resident or nonresident individual does not deduct the amounts on the resident
452     or nonresident individual's federal individual income tax return under Section 220, Internal
453     Revenue Code;
454          (B) the withdrawal is subject to Subsections 31A-32a-105(1) and (2); and
455          (C) the withdrawal is subtracted on, or used as the basis for claiming a tax credit on, a
456     return the resident or nonresident individual files under this chapter;
457          (ii) a disbursement required to be added to adjusted gross income in accordance with
458     Subsection 31A-32a-105(3); or
459          (iii) an amount required to be added to adjusted gross income in accordance with

460     Subsection 31A-32a-105(5)(c);
461          (d) the amount withdrawn under Title 53B, Chapter 8a, Utah Educational Savings Plan,
462     from the account of a resident or nonresident individual who is an account owner as defined in
463     Section 53B-8a-102, for the taxable year for which the amount is withdrawn, if that amount
464     withdrawn from the account of the resident or nonresident individual who is the account
465     owner:
466          (i) is not expended for:
467          (A) higher education costs as defined in Section [53B-8a-102] 53B-8a-102.5; or
468          (B) a payment or distribution that qualifies as an exception to the additional tax for
469     distributions not used for educational expenses provided in Sections 529(c) and 530(d),
470     Internal Revenue Code; and
471          (ii) is:
472          (A) subtracted by the resident or nonresident individual:
473          (I) who is the account owner; and
474          (II) on the resident or nonresident individual's return filed under this chapter for a
475     taxable year beginning on or before December 31, 2007; or
476          (B) used as the basis for the resident or nonresident individual who is the account
477     owner to claim a tax credit under Section 59-10-1017;
478          (e) except as provided in Subsection (5), for bonds, notes, and other evidences of
479     indebtedness acquired on or after January 1, 2003, the interest from bonds, notes, and other
480     evidences of indebtedness issued by one or more of the following entities:
481          (i) a state other than this state;
482          (ii) the District of Columbia;
483          (iii) a political subdivision of a state other than this state; or
484          (iv) an agency or instrumentality of an entity described in Subsections (1)(e)(i) through
485     (iii);
486          (f) subject to Subsection (2)(c), any distribution received by a resident beneficiary of a
487     resident trust of income that was taxed at the trust level for federal tax purposes, but was
488     subtracted from state taxable income of the trust pursuant to Subsection 59-10-202(2)(b);
489          (g) any distribution received by a resident beneficiary of a nonresident trust of
490     undistributed distributable net income realized by the trust on or after January 1, 2004, if that

491     undistributed distributable net income was taxed at the trust level for federal tax purposes, but
492     was not taxed at the trust level by any state, with undistributed distributable net income
493     considered to be distributed from the most recently accumulated undistributed distributable net
494     income; and
495          (h) any adoption expense:
496          (i) for which a resident or nonresident individual receives reimbursement from another
497     person; and
498          (ii) to the extent to which the resident or nonresident individual subtracts that adoption
499     expense:
500          (A) on a return filed under this chapter for a taxable year beginning on or before
501     December 31, 2007; or
502          (B) from federal taxable income on a federal individual income tax return.
503          (2) There shall be subtracted from adjusted gross income of a resident or nonresident
504     individual:
505          (a) the difference between:
506          (i) the interest or a dividend on an obligation or security of the United States or an
507     authority, commission, instrumentality, or possession of the United States, to the extent that
508     interest or dividend is:
509          (A) included in adjusted gross income for federal income tax purposes for the taxable
510     year; and
511          (B) exempt from state income taxes under the laws of the United States; and
512          (ii) any interest on indebtedness incurred or continued to purchase or carry the
513     obligation or security described in Subsection (2)(a)(i);
514          (b) for taxable years beginning on or after January 1, 2000, if the conditions of
515     Subsection (3)(a) are met, the amount of income derived by a Ute tribal member:
516          (i) during a time period that the Ute tribal member resides on homesteaded land
517     diminished from the Uintah and Ouray Reservation; and
518          (ii) from a source within the Uintah and Ouray Reservation;
519          (c) an amount received by a resident or nonresident individual or distribution received
520     by a resident or nonresident beneficiary of a resident trust:
521          (i) if that amount or distribution constitutes a refund of taxes imposed by:

522          (A) a state; or
523          (B) the District of Columbia; and
524          (ii) to the extent that amount or distribution is included in adjusted gross income for
525     that taxable year on the federal individual income tax return of the resident or nonresident
526     individual or resident or nonresident beneficiary of a resident trust;
527          (d) the amount of a railroad retirement benefit:
528          (i) paid:
529          (A) in accordance with The Railroad Retirement Act of 1974, 45 U.S.C. Sec. 231 et
530     seq.;
531          (B) to a resident or nonresident individual; and
532          (C) for the taxable year; and
533          (ii) to the extent that railroad retirement benefit is included in adjusted gross income on
534     that resident or nonresident individual's federal individual income tax return for that taxable
535     year; and
536          (e) an amount:
537          (i) received by an enrolled member of an American Indian tribe; and
538          (ii) to the extent that the state is not authorized or permitted to impose a tax under this
539     part on that amount in accordance with:
540          (A) federal law;
541          (B) a treaty; or
542          (C) a final decision issued by a court of competent jurisdiction.
543          (3) (a) A subtraction for an amount described in Subsection (2)(b) is allowed only if:
544          (i) the taxpayer is a Ute tribal member; and
545          (ii) the governor and the Ute tribe execute and maintain an agreement meeting the
546     requirements of this Subsection (3).
547          (b) The agreement described in Subsection (3)(a):
548          (i) may not:
549          (A) authorize the state to impose a tax in addition to a tax imposed under this chapter;
550          (B) provide a subtraction under this section greater than or different from the
551     subtraction described in Subsection (2)(b); or
552          (C) affect the power of the state to establish rates of taxation; and

553          (ii) shall:
554          (A) provide for the implementation of the subtraction described in Subsection (2)(b);
555          (B) be in writing;
556          (C) be signed by:
557          (I) the governor; and
558          (II) the chair of the Business Committee of the Ute tribe;
559          (D) be conditioned on obtaining any approval required by federal law; and
560          (E) state the effective date of the agreement.
561          (c) (i) The governor shall report to the commission by no later than February 1 of each
562     year regarding whether or not an agreement meeting the requirements of this Subsection (3) is
563     in effect.
564          (ii) If an agreement meeting the requirements of this Subsection (3) is terminated, the
565     subtraction permitted under Subsection (2)(b) is not allowed for taxable years beginning on or
566     after the January 1 following the termination of the agreement.
567          (d) For purposes of Subsection (2)(b) and in accordance with Title 63G, Chapter 3,
568     Utah Administrative Rulemaking Act, the commission may make rules:
569          (i) for determining whether income is derived from a source within the Uintah and
570     Ouray Reservation; and
571          (ii) that are substantially similar to how adjusted gross income derived from Utah
572     sources is determined under Section 59-10-117.
573          (4) (a) For purposes of this Subsection (4), "Form 8814" means:
574          (i) the federal individual income tax Form 8814, Parents' Election To Report Child's
575     Interest and Dividends; or
576          (ii) (A) a form designated by the commission in accordance with Subsection
577     (4)(a)(ii)(B) as being substantially similar to 2000 Form 8814 if for purposes of federal
578     individual income taxes the information contained on 2000 Form 8814 is reported on a form
579     other than Form 8814; and
580          (B) for purposes of Subsection (4)(a)(ii)(A) and in accordance with Title 63G, Chapter
581     3, Utah Administrative Rulemaking Act, the commission may make rules designating a form as
582     being substantially similar to 2000 Form 8814 if for purposes of federal individual income
583     taxes the information contained on 2000 Form 8814 is reported on a form other than Form

584     8814.
585          (b) The amount of a child's income added to adjusted gross income under Subsection
586     (1)(b) is equal to the difference between:
587          (i) the lesser of:
588          (A) the base amount specified on Form 8814; and
589          (B) the sum of the following reported on Form 8814:
590          (I) the child's taxable interest;
591          (II) the child's ordinary dividends; and
592          (III) the child's capital gain distributions; and
593          (ii) the amount not taxed that is specified on Form 8814.
594          (5) Notwithstanding Subsection (1)(e), interest from bonds, notes, and other evidences
595     of indebtedness issued by an entity described in Subsections (1)(e)(i) through (iv) may not be
596     added to adjusted gross income of a resident or nonresident individual if, as annually
597     determined by the commission:
598          (a) for an entity described in Subsection (1)(e)(i) or (ii), the entity and all of the
599     political subdivisions, agencies, or instrumentalities of the entity do not impose a tax based on
600     income on any part of the bonds, notes, and other evidences of indebtedness of this state; or
601          (b) for an entity described in Subsection (1)(e)(iii) or (iv), the following do not impose
602     a tax based on income on any part of the bonds, notes, and other evidences of indebtedness of
603     this state:
604          (i) the entity; or
605          (ii) (A) the state in which the entity is located; or
606          (B) the District of Columbia, if the entity is located within the District of Columbia.
607          Section 11. Section 59-10-202 is amended to read:
608          59-10-202. Additions to and subtractions from unadjusted income of a resident or
609     nonresident estate or trust.
610          (1) There shall be added to unadjusted income of a resident or nonresident estate or
611     trust:
612          (a) a lump sum distribution allowable as a deduction under Section 402(d)(3), Internal
613     Revenue Code, to the extent deductible under Section 62(a)(8), Internal Revenue Code, in
614     determining adjusted gross income;

615          (b) except as provided in Subsection (3), for bonds, notes, and other evidences of
616     indebtedness acquired on or after January 1, 2003, the interest from bonds, notes, and other
617     evidences of indebtedness issued by one or more of the following entities:
618          (i) a state other than this state;
619          (ii) the District of Columbia;
620          (iii) a political subdivision of a state other than this state; or
621          (iv) an agency or instrumentality of an entity described in Subsections (1)(b)(i) through
622     (iii);
623          (c) any portion of federal taxable income for a taxable year if that federal taxable
624     income is derived from stock:
625          (i) in an S corporation; and
626          (ii) that is held by an electing small business trust;
627          (d) the amount withdrawn under Title 53B, Chapter 8a, Utah Educational Savings Plan,
628     from the account of a resident or nonresident estate or trust that is an account owner as defined
629     in Section 53B-8a-102, for the taxable year for which the amount is withdrawn, if that amount
630     withdrawn from the account of the resident or nonresident estate or trust that is the account
631     owner:
632          (i) is not expended for:
633          (A) higher education costs as defined in Section [53B-8a-102] 53B-8a-102.5; or
634          (B) a payment or distribution that qualifies as an exception to the additional tax for
635     distributions not used for educational expenses provided in Sections 529(c) and 530(d),
636     Internal Revenue Code; and
637          (ii) is:
638          (A) subtracted by the resident or nonresident estate or trust:
639          (I) that is the account owner; and
640          (II) on the resident or nonresident estate's or trust's return filed under this chapter for a
641     taxable year beginning on or before December 31, 2007; or
642          (B) used as the basis for the resident or nonresident estate or trust that is the account
643     owner to claim a tax credit under Section 59-10-1017; and
644          (e) any fiduciary adjustments required by Section 59-10-210.
645          (2) There shall be subtracted from unadjusted income of a resident or nonresident

646     estate or trust:
647          (a) the interest or a dividend on obligations or securities of the United States and its
648     possessions or of any authority, commission, or instrumentality of the United States, to the
649     extent that interest or dividend is included in gross income for federal income tax purposes for
650     the taxable year but exempt from state income taxes under the laws of the United States, but
651     the amount subtracted under this Subsection (2) shall be reduced by any interest on
652     indebtedness incurred or continued to purchase or carry the obligations or securities described
653     in this Subsection (2), and by any expenses incurred in the production of interest or dividend
654     income described in this Subsection (2) to the extent that such expenses, including amortizable
655     bond premiums, are deductible in determining federal taxable income;
656          (b) income of an irrevocable resident trust if:
657          (i) the income would not be treated as state taxable income derived from Utah sources
658     under Section 59-10-204 if received by a nonresident trust;
659          (ii) the trust first became a resident trust on or after January 1, 2004;
660          (iii) no assets of the trust were held, at any time after January 1, 2003, in another
661     resident irrevocable trust created by the same settlor or the spouse of the same settlor;
662          (iv) the trustee of the trust is a trust company as defined in Subsection 7-5-1(1)(d);
663          (v) the amount subtracted under this Subsection (2)(b) is reduced to the extent the
664     settlor or any other person is treated as an owner of any portion of the trust under Subtitle A,
665     Subchapter J, Subpart E of the Internal Revenue Code; and
666          (vi) the amount subtracted under this Subsection (2)(b) is reduced by any interest on
667     indebtedness incurred or continued to purchase or carry the assets generating the income
668     described in this Subsection (2)(b), and by any expenses incurred in the production of income
669     described in this Subsection (2)(b), to the extent that those expenses, including amortizable
670     bond premiums, are deductible in determining federal taxable income;
671          (c) if the conditions of Subsection (4)(a) are met, the amount of income of a resident or
672     nonresident estate or trust derived from a deceased Ute tribal member:
673          (i) during a time period that the Ute tribal member resided on homesteaded land
674     diminished from the Uintah and Ouray Reservation; and
675          (ii) from a source within the Uintah and Ouray Reservation;
676          (d) any amount:

677          (i) received by a resident or nonresident estate or trust;
678          (ii) that constitutes a refund of taxes imposed by:
679          (A) a state; or
680          (B) the District of Columbia; and
681          (iii) to the extent that amount is included in total income on that resident or nonresident
682     estate's or trust's federal tax return for estates and trusts for that taxable year;
683          (e) the amount of a railroad retirement benefit:
684          (i) paid:
685          (A) in accordance with The Railroad Retirement Act of 1974, 45 U.S.C. Sec. 231 et
686     seq.;
687          (B) to a resident or nonresident estate or trust derived from a deceased resident or
688     nonresident individual; and
689          (C) for the taxable year; and
690          (ii) to the extent that railroad retirement benefit is included in total income on that
691     resident or nonresident estate's or trust's federal tax return for estates and trusts;
692          (f) an amount:
693          (i) received by a resident or nonresident estate or trust if that amount is derived from a
694     deceased enrolled member of an American Indian tribe; and
695          (ii) to the extent that the state is not authorized or permitted to impose a tax under this
696     part on that amount in accordance with:
697          (A) federal law;
698          (B) a treaty; or
699          (C) a final decision issued by a court of competent jurisdiction;
700          (g) the amount that a qualified nongrantor charitable lead trust deducts under Section
701     642(c), Internal Revenue Code, as a charitable contribution deduction, as allowed on the
702     qualified nongrantor charitable lead trust's federal income tax return for estates and trusts for
703     the taxable year; and
704          (h) any fiduciary adjustments required by Section 59-10-210.
705          (3) Notwithstanding Subsection (1)(b), interest from bonds, notes, and other evidences
706     of indebtedness issued by an entity described in Subsections (1)(b)(i) through (iv) may not be
707     added to unadjusted income of a resident or nonresident estate or trust if, as annually

708     determined by the commission:
709          (a) for an entity described in Subsection (1)(b)(i) or (ii), the entity and all of the
710     political subdivisions, agencies, or instrumentalities of the entity do not impose a tax based on
711     income on any part of the bonds, notes, and other evidences of indebtedness of this state; or
712          (b) for an entity described in Subsection (1)(b)(iii) or (iv), the following do not impose
713     a tax based on income on any part of the bonds, notes, and other evidences of indebtedness of
714     this state:
715          (i) the entity; or
716          (ii) (A) the state in which the entity is located; or
717          (B) the District of Columbia, if the entity is located within the District of Columbia.
718          (4) (a) A subtraction for an amount described in Subsection (2)(c) is allowed only if:
719          (i) the income is derived from a deceased Ute tribal member; and
720          (ii) the governor and the Ute tribe execute and maintain an agreement meeting the
721     requirements of this Subsection (4).
722          (b) The agreement described in Subsection (4)(a):
723          (i) may not:
724          (A) authorize the state to impose a tax in addition to a tax imposed under this chapter;
725          (B) provide a subtraction under this section greater than or different from the
726     subtraction described in Subsection (2)(c); or
727          (C) affect the power of the state to establish rates of taxation; and
728          (ii) shall:
729          (A) provide for the implementation of the subtraction described in Subsection (2)(c);
730          (B) be in writing;
731          (C) be signed by:
732          (I) the governor; and
733          (II) the chair of the Business Committee of the Ute tribe;
734          (D) be conditioned on obtaining any approval required by federal law; and
735          (E) state the effective date of the agreement.
736          (c) (i) The governor shall report to the commission by no later than February 1 of each
737     year regarding whether or not an agreement meeting the requirements of this Subsection (4) is
738     in effect.

739          (ii) If an agreement meeting the requirements of this Subsection (4) is terminated, the
740     subtraction permitted under Subsection (2)(c) is not allowed for taxable years beginning on or
741     after the January 1 following the termination of the agreement.
742          (d) For purposes of Subsection (2)(c) and in accordance with Title 63G, Chapter 3,
743     Utah Administrative Rulemaking Act, the commission may make rules:
744          (i) for determining whether income is derived from a source within the Uintah and
745     Ouray Reservation; and
746          (ii) that are substantially similar to how adjusted gross income derived from Utah
747     sources is determined under Section 59-10-117.
748          Section 12. Section 59-10-1017 is amended to read:
749          59-10-1017. Utah Educational Savings Plan tax credit.
750          (1) As used in this section:
751          (a) "Account owner" means the same as that term is defined in Section 53B-8a-102.
752          (b) "Grantor trust" means the same as that term is defined in Section [53B-8a-102]
753     53B-8a-102.5.
754          (c) "Higher education costs" means the same as that term is defined in Section
755     [53B-8a-102] 53B-8a-102.5.
756          (d) "Maximum amount of a qualified investment for the taxable year" means, for a
757     taxable year, the product of 5% and:
758          (i) subject to Subsection (1)(d)(iii), for a claimant, estate, or trust that is an account
759     owner, if that claimant, estate, or trust is other than husband and wife account owners who file
760     a single return jointly, the maximum amount of a qualified investment:
761          (A) listed in Subsection 53B-8a-106(1)(e)(ii); and
762          (B) increased or kept for that taxable year in accordance with Subsections
763     53B-8a-106(1)(f) and (g);
764          (ii) subject to Subsection (1)(d)(iii), for claimants who are husband and wife account
765     owners who file a single return jointly, the maximum amount of a qualified investment:
766          (A) listed in Subsection 53B-8a-106(1)(e)(iii); and
767          (B) increased or kept for that taxable year in accordance with Subsections
768     53B-8a-106(1)(f) and (g); or
769          (iii) for a grantor trust:

770          (A) if the owner of the grantor trust has a single filing status or head of household
771     filing status as defined in Section 59-10-1018, the amount described in Subsection (1)(d)(i); or
772          (B) if the owner of the grantor trust has a joint filing status as defined in Section
773     59-10-1018, the amount described in Subsection (1)(d)(ii).
774          (e) "Owner of the grantor trust" means the same as that term is defined in Section
775     [53B-8a-102] 53B-8a-102.5.
776          (f) "Qualified investment" means the same as that term is defined in Section
777     [53B-8a-102] 53B-8a-102.5.
778          (2) Except as provided in Section 59-10-1002.2 and subject to the other provisions of
779     this section, a claimant, estate, or trust that is an account owner may claim a nonrefundable tax
780     credit equal to the product of:
781          (a) the amount of a qualified investment made:
782          (i) during the taxable year; and
783          (ii) into an account owned by the claimant, estate, or trust; and
784          (b) 5%.
785          (3) A claimant, estate, or trust, or a person other than the claimant, estate, or trust, may
786     make a qualified investment described in Subsection (2).
787          (4) A claimant, estate, or trust that is an account owner may not claim a tax credit
788     under this section [may not be claimed] with respect to any portion of a qualified investment
789     described in Subsection (2) that a claimant, estate, trust, or person described in Subsection (3)
790     deducts on a federal income tax return.
791          (5) A tax credit under this section may not exceed the maximum amount of a qualified
792     investment for the taxable year.
793          (6) A claimant, estate, or trust that is an account owner may not carry forward or carry
794     back the tax credit under this section [may not be carried forward or carried back].
795          (7) A claimant, estate, or trust may claim a tax credit under this section in addition to
796     the tax credit described in Section 59-10-1017.1.
797          Section 13. Section 59-10-1017.1 is enacted to read:
798          59-10-1017.1. Student Prosperity Savings Program tax credit.
799          (1) As used in this section, "qualified donation" means an amount donated, in
800     accordance with Section 53B-8a-203, to the Student Prosperity Savings Program created in

801     Section 53B-8a-202.
802          (2) A claimant, estate, or trust may claim a nonrefundable tax credit for a qualified
803     donation.
804          (3) The tax credit equals the product of:
805          (a) the qualified donation; and
806          (b) 5%.
807          (4) A claimant, estate, or trust may not claim a tax credit under this section with
808     respect to any portion of a qualified donation that a claimant, estate, or trust deducts on a
809     federal income tax return.
810          (5) A claimant, estate, or trust may not carry forward or carry back the portion of the
811     tax credit allowed by this section that exceeds the claimant's, estate's, or trust's tax liability for
812     the taxable year in which the claimant, estate, or trust claims the tax credit.
813          (6) A claimant, estate, or trust may claim a tax credit under this section in addition to
814     the tax credit described in Section 59-10-1017.
815          Section 14. Appropriation.
816          The following sums of money are appropriated for the fiscal year beginning July 1,
817     2017, and ending June 30, 2018. These are additions to amounts previously appropriated for
818     fiscal year 2018. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
819     Act, the Legislature appropriates the following sums of money from the funds or accounts
820     indicated for the use and support of the government of the state of Utah.
821          ITEM 1
822          To the Board of Regents
823               From General Fund, One-time
$40,000

824               Schedule of Programs:
825                    Administration                    $40,000
826          ITEM 2
827          To the Board of Regents
828               From General Fund
$10,000

829               Schedule of Programs:
830                    Administration                    $10,000
831          The Legislature intends that the Board of Regents use the appropriation under this

832     section to carry out the requirements described in Sections 53B-8a-202 through 53B-8a-204.
833          Section 15. Effective date and retrospective operation.
834          (1) Except as provided in Subsection (2), if approved by two-thirds of all the members
835     elected to each house, this bill takes effect upon approval by the governor, or the day following
836     the constitutional time limit of Utah Constitution, Article VII, Section 8, without the governor's
837     signature, or in the case of a veto, the date of veto override.
838          (2) The amendments to Sections 59-7-105, 59-7-106, 59-10-114, 59-10-202, and
839     59-10-1017 and the enactment of Section 59-10-1017.1 have retrospective operation for a
840     taxable year beginning on or after January 1, 2017.