Representative John R. Westwood proposes the following substitute bill:





Chief Sponsor: John R. Westwood

Senate Sponsor: Evan J. Vickers


9     General Description:
10           This bill enacts a state earned income tax credit.
11     Highlighted Provisions:
12          This bill:
13          ▸      defines terms;
14          ▸     enacts a refundable state earned income tax credit for certain individuals who are
15     experiencing intergenerational poverty;
16          ▸     requires the Department of Workforce Services to notify individuals who are
17     experiencing intergenerational poverty of the state earned income tax credit and to
18     provide certain information about those individuals to the State Tax Commission;
19          ▸     provides for apportionment of the tax credit;
20          ▸     addresses the time period for the State Tax Commission to issue a refund of the
21     state earned income tax credit; and
22          ▸     requires transfers from the General Fund to reimburse the Education Fund for the
23     amount of the tax credit claimed.
24     Money Appropriated in this Bill:
25          None

26     Other Special Clauses:
27          This bill provides a special effective date.
28     Utah Code Sections Affected:
29     AMENDS:
30          59-10-529.1, as enacted by Laws of Utah 2015, Chapter 369
31     ENACTS:
32          35A-9-202, Utah Code Annotated 1953
33          59-10-1102.1, Utah Code Annotated 1953
34          59-10-1112, Utah Code Annotated 1953

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 35A-9-202 is enacted to read:
38          35A-9-202. Tax credit notification -- Intergenerational poverty report to tax
39     commission.
40          (1) As used in this section, "commission" means the State Tax Commission.
41          (2) (a) On or before January 31, the department shall provide notice of the tax credit
42     available under Section 59-10-1112 to an individual who the department identifies as
43     experiencing intergenerational poverty due to:
44          (i) the individual's receipt of public assistance during the previous calendar year;
45          (ii) the individual's receipt of public assistance for not less than 12 months since the
46     individual reached age 18; and
47          (iii) the individual's or the individual's family's receipt of public assistance for not less
48     than 12 months during the individual's childhood.
49          (b) The notice described in Subsection (2)(a) shall explain the eligibility requirements
50     for and the method for claiming a tax credit under Section 59-10-1112.
51          (3) (a) On or before March 1, the department shall provide the commission with an
52     electronic report stating, for each individual to whom the department sent the notice described
53     in Subsection (2):
54          (i) the name of the individual; and
55          (ii) the social security number of the individual.
56          (b) The department and the commission shall provide for the security and

57     confidentiality of the information contained in the electronic report.
58          Section 2. Section 59-10-529.1 is amended to read:
59          59-10-529.1. Time period for commission to issue a refund.
60          (1) Except as provided in Subsection (2), the commission may not issue a refund
61     before March 1.
62          (2) The commission may issue a refund before March 1 if, before March 1, the
63     commission determines that:
64          (a) (i) an employer has filed the one or more forms in accordance with Subsection
65     59-10-406(8) the employer is required to file with respect to an individual; and
66          (ii) for a refund of a tax credit described in Section 59-10-1112, the Department of
67     Workforce Services has submitted the electronic report required by Section 35A-9-202; and
68          (b) the individual has filed a return in accordance with this chapter.
69          Section 3. Section 59-10-1102.1 is enacted to read:
70          59-10-1102.1. Apportionment of tax credit.
71          A nonresident individual or a part-year resident individual who claims the tax credit
72     described in Section 59-10-1112 may only claim an apportioned amount of the tax credit equal
73     to the product of:
74          (1) the state income tax percentage for a nonresident individual or the state income tax
75     percentage for a part-year resident individual; and
76          (2) the amount of the tax credit that the nonresident individual or the part-year resident
77     individual would have been allowed to claim but for the apportionment requirement of this
78     section.
79          Section 4. Section 59-10-1112 is enacted to read:
80          59-10-1112. Refundable state earned income tax credit -- Definition -- Tax credit
81     calculation -- Transfers from General Fund.
82          (1) As used in this section:
83          (a) "Claimant" means a resident or nonresident individual who:
84          (i) is identified by the department as experiencing intergenerational poverty; and
85          (ii) claimed the federal earned income tax credit for the previous taxable year.
86          (b) "Department" means the Department of Workforce Services created in Section
87     35A-1-103.

88          (c) "Federal earned income tax credit" means the federal earned income tax credit
89     described in Section 32, Internal Revenue Code.
90          (d) "Intergenerational poverty" means the same as that term is defined in Section
91     35A-9-102.
92          (2) Except as provided in Section 59-10-1102.1, a claimant may claim a refundable
93     earned income tax credit equal to 10% of the amount of the federal earned income tax credit
94     that the claimant was entitled to claim on a federal income tax return in the previous taxable
95     year.
96          (3) (a) The Division of Finance shall transfer at least annually from the General Fund
97     into the Education Fund an amount equal to the amount of tax credit claimed under this
98     section.
99          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
100     commission may make rules for making the transfer described in Subsection (3)(a).
101          Section 5. Effective date.
102           This bill takes effect for a taxable year beginning on or after January 1, 2018.