This document includes Senate Committee Amendments incorporated into the bill on Tue, Feb 13, 2018 at 10:48 AM by lpoole.
This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Thu, Feb 22, 2018 at 3:18 PM by lpoole.
Representative Douglas V. Sagers proposes the following substitute bill:


1     
INDIVIDUAL INCOME TAX ADDITION AND

2     
DEDUCTION AMENDMENTS

3     
2018 GENERAL SESSION

4     
STATE OF UTAH

5     
Chief Sponsor: Douglas V. Sagers

6     
Senate Sponsor: Howard A. Stephenson

7     

8     LONG TITLE
9     General Description:
10          This bill modifies the Individual Income Tax Act by amending provisions relating to
11     individual income tax additions and deductions.
12     Highlighted Provisions:
13          This bill:
14          ▸     amends an addition to adjusted gross income of an individual income taxpayer and
15     an addition to unadjusted income of a resident or nonresident estate or trust for the
16     interest on certain bonds, notes, or other evidences of indebtedness;
17          ▸     amends a deduction from adjusted gross income of an individual income taxpayer
18     and a deduction from unadjusted income of a resident or nonresident estate or trust
19     for the interest on certain bonds, notes, or other obligations Ŝ→ [
issued by a local
20     political subdivision
] ←Ŝ
; and
21          ▸     makes technical corrections.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          This bill provides retrospective operation.

26     Utah Code Sections Affected:
27     AMENDS:
28          59-10-114, as last amended by Laws of Utah 2017, Chapter 389
29          59-10-202, as last amended by Laws of Utah 2017, Chapter 389
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 59-10-114 is amended to read:
33          59-10-114. Additions to and subtractions from adjusted gross income of an
34     individual.
35          (1) There shall be added to adjusted gross income of a resident or nonresident
36     individual:
37          (a) a lump sum distribution that the taxpayer does not include in adjusted gross income
38     on the taxpayer's federal individual income tax return for the taxable year;
39          (b) the amount of a child's income calculated under Subsection (4) that:
40          (i) a parent elects to report on the parent's federal individual income tax return for the
41     taxable year; and
42          (ii) the parent does not include in adjusted gross income on the parent's federal
43     individual income tax return for the taxable year;
44          (c) (i) a withdrawal from a medical care savings account and any penalty imposed for
45     the taxable year if:
46          (A) the resident or nonresident individual does not deduct the amounts on the resident
47     or nonresident individual's federal individual income tax return under Section 220, Internal
48     Revenue Code;
49          (B) the withdrawal is subject to Subsections 31A-32a-105(1) and (2); and
50          (C) the withdrawal is subtracted on, or used as the basis for claiming a tax credit on, a
51     return the resident or nonresident individual files under this chapter;
52          (ii) a disbursement required to be added to adjusted gross income in accordance with
53     Subsection 31A-32a-105(3); or
54          (iii) an amount required to be added to adjusted gross income in accordance with
55     Subsection 31A-32a-105(5)(c);
56          (d) the amount withdrawn under Title 53B, Chapter 8a, Utah Educational Savings Plan,

57     from the account of a resident or nonresident individual who is an account owner as defined in
58     Section 53B-8a-102, for the taxable year for which the amount is withdrawn, if that amount
59     withdrawn from the account of the resident or nonresident individual who is the account
60     owner:
61          (i) is not expended for:
62          (A) higher education costs as defined in Section 53B-8a-102.5; or
63          (B) a payment or distribution that qualifies as an exception to the additional tax for
64     distributions not used for educational expenses provided in Sections 529(c) and 530(d),
65     Internal Revenue Code; and
66          (ii) is:
67          (A) subtracted by the resident or nonresident individual:
68          (I) who is the account owner; and
69          (II) on the resident or nonresident individual's return filed under this chapter for a
70     taxable year beginning on or before December 31, 2007; or
71          (B) used as the basis for the resident or nonresident individual who is the account
72     owner to claim a tax credit under Section 59-10-1017;
73          (e) except as provided in Subsection (5), for bonds, notes, and other evidences of
74     indebtedness acquired on or after January 1, 2003, the interest from bonds, notes, and other
75     evidences of indebtedness:
76          (i) issued by one or more of the following entities:
77          [(i)] (A) a state other than this state;
78          [(ii)] (B) the District of Columbia;
79          [(iii)] (C) a political subdivision of a state other than this state; or
80          [(iv)] (D) an agency or instrumentality of an entity described in Subsections
81     (1)(e)(i)(A) through [(iii)] (C); and
82          (ii) to the extent the interest is not included in adjusted gross income on the taxpayer's
83     federal income tax return for the taxable year;
84          (f) subject to Subsection (2)(c), any distribution received by a resident beneficiary of a
85     resident trust of income that was taxed at the trust level for federal tax purposes, but was
86     subtracted from state taxable income of the trust pursuant to Subsection 59-10-202(2)(b);
87          (g) any distribution received by a resident beneficiary of a nonresident trust of

88     undistributed distributable net income realized by the trust on or after January 1, 2004, if that
89     undistributed distributable net income was taxed at the trust level for federal tax purposes, but
90     was not taxed at the trust level by any state, with undistributed distributable net income
91     considered to be distributed from the most recently accumulated undistributed distributable net
92     income; and
93          (h) any adoption expense:
94          (i) for which a resident or nonresident individual receives reimbursement from another
95     person; and
96          (ii) to the extent to which the resident or nonresident individual subtracts that adoption
97     expense:
98          (A) on a return filed under this chapter for a taxable year beginning on or before
99     December 31, 2007; or
100          (B) from federal taxable income on a federal individual income tax return.
101          (2) There shall be subtracted from adjusted gross income of a resident or nonresident
102     individual:
103          (a) the difference between:
104          (i) the interest or a dividend on an obligation or security of the United States or an
105     authority, commission, instrumentality, or possession of the United States, to the extent that
106     interest or dividend is:
107          (A) included in adjusted gross income for federal income tax purposes for the taxable
108     year; and
109          (B) exempt from state income taxes under the laws of the United States; and
110          (ii) any interest on indebtedness incurred or continued to purchase or carry the
111     obligation or security described in Subsection (2)(a)(i);
112          (b) for taxable years beginning on or after January 1, 2000, if the conditions of
113     Subsection (3)(a) are met, the amount of income derived by a Ute tribal member:
114          (i) during a time period that the Ute tribal member resides on homesteaded land
115     diminished from the Uintah and Ouray Reservation; and
116          (ii) from a source within the Uintah and Ouray Reservation;
117          (c) an amount received by a resident or nonresident individual or distribution received
118     by a resident or nonresident beneficiary of a resident trust:

119          (i) if that amount or distribution constitutes a refund of taxes imposed by:
120          (A) a state; or
121          (B) the District of Columbia; and
122          (ii) to the extent that amount or distribution is included in adjusted gross income for
123     that taxable year on the federal individual income tax return of the resident or nonresident
124     individual or resident or nonresident beneficiary of a resident trust;
125          (d) the amount of a railroad retirement benefit:
126          (i) paid:
127          (A) in accordance with The Railroad Retirement Act of 1974, 45 U.S.C. Sec. 231 et
128     seq.;
129          (B) to a resident or nonresident individual; and
130          (C) for the taxable year; and
131          (ii) to the extent that railroad retirement benefit is included in adjusted gross income on
132     that resident or nonresident individual's federal individual income tax return for that taxable
133     year; [and]
134          (e) an amount:
135          (i) received by an enrolled member of an American Indian tribe; and
136          (ii) to the extent that the state is not authorized or permitted to impose a tax under this
137     part on that amount in accordance with:
138          (A) federal law;
139          (B) a treaty; or
140          (C) a final decision issued by a court of competent jurisdiction[.]; and
141          (f) an amount received:
142          (i) for the interest on a bond, note, or other obligation Ŝ→ [
described in Section 11-14-303;]
142a     issued by an entity for which state statute provides an exemption of interest on its bonds from
142b     state individual income tax; ←Ŝ
143          (ii) by a resident or nonresident individual;
144          (iii) for the taxable year; and
145          (iv) to the extent the amount is included in adjusted gross income on the taxpayer's
146     federal income tax return for the taxable year.
147          (3) (a) A subtraction for an amount described in Subsection (2)(b) is allowed only if:
148          (i) the taxpayer is a Ute tribal member; and
149          (ii) the governor and the Ute tribe execute and maintain an agreement meeting the

150     requirements of this Subsection (3).
151          (b) The agreement described in Subsection (3)(a):
152          (i) may not:
153          (A) authorize the state to impose a tax in addition to a tax imposed under this chapter;
154          (B) provide a subtraction under this section greater than or different from the
155     subtraction described in Subsection (2)(b); or
156          (C) affect the power of the state to establish rates of taxation; and
157          (ii) shall:
158          (A) provide for the implementation of the subtraction described in Subsection (2)(b);
159          (B) be in writing;
160          (C) be signed by:
161          (I) the governor; and
162          (II) the chair of the Business Committee of the Ute tribe;
163          (D) be conditioned on obtaining any approval required by federal law; and
164          (E) state the effective date of the agreement.
165          (c) (i) The governor shall report to the commission by no later than February 1 of each
166     year regarding whether or not an agreement meeting the requirements of this Subsection (3) is
167     in effect.
168          (ii) If an agreement meeting the requirements of this Subsection (3) is terminated, the
169     subtraction permitted under Subsection (2)(b) is not allowed for taxable years beginning on or
170     after the January 1 following the termination of the agreement.
171          (d) For purposes of Subsection (2)(b) and in accordance with Title 63G, Chapter 3,
172     Utah Administrative Rulemaking Act, the commission may make rules:
173          (i) for determining whether income is derived from a source within the Uintah and
174     Ouray Reservation; and
175          (ii) that are substantially similar to how adjusted gross income derived from Utah
176     sources is determined under Section 59-10-117.
177          (4) (a) For purposes of this Subsection (4), "Form 8814" means:
178          (i) the federal individual income tax Form 8814, Parents' Election To Report Child's
179     Interest and Dividends; or
180          (ii) (A) a form designated by the commission in accordance with Subsection

181     (4)(a)(ii)(B) as being substantially similar to 2000 Form 8814 if for purposes of federal
182     individual income taxes the information contained on 2000 Form 8814 is reported on a form
183     other than Form 8814; and
184          (B) for purposes of Subsection (4)(a)(ii)(A) and in accordance with Title 63G, Chapter
185     3, Utah Administrative Rulemaking Act, the commission may make rules designating a form as
186     being substantially similar to 2000 Form 8814 if for purposes of federal individual income
187     taxes the information contained on 2000 Form 8814 is reported on a form other than Form
188     8814.
189          (b) The amount of a child's income added to adjusted gross income under Subsection
190     (1)(b) is equal to the difference between:
191          (i) the lesser of:
192          (A) the base amount specified on Form 8814; and
193          (B) the sum of the following reported on Form 8814:
194          (I) the child's taxable interest;
195          (II) the child's ordinary dividends; and
196          (III) the child's capital gain distributions; and
197          (ii) the amount not taxed that is specified on Form 8814.
198          (5) Notwithstanding Subsection (1)(e), interest from bonds, notes, and other evidences
199     of indebtedness issued by an entity described in Subsections (1)(e)(i)(A) through [(iv)] (D) may
200     not be added to adjusted gross income of a resident or nonresident individual if, as annually
201     determined by the commission:
202          (a) for an entity described in Subsection (1)(e)(i)(A) or [(ii)] (B), the entity and all of
203     the political subdivisions, agencies, or instrumentalities of the entity do not impose a tax based
204     on income on any part of the bonds, notes, and other evidences of indebtedness of this state; or
205          (b) for an entity described in Subsection (1)(e)[(iii)](i)(C) or [(iv)] (D), the following
206     do not impose a tax based on income on any part of the bonds, notes, and other evidences of
207     indebtedness of this state:
208          (i) the entity; or
209          (ii) (A) the state in which the entity is located; or
210          (B) the District of Columbia, if the entity is located within the District of Columbia.
211          Section 2. Section 59-10-202 is amended to read:

212          59-10-202. Additions to and subtractions from unadjusted income of a resident or
213     nonresident estate or trust.
214          (1) There shall be added to unadjusted income of a resident or nonresident estate or
215     trust:
216          (a) a lump sum distribution allowable as a deduction under Section 402(d)(3), Internal
217     Revenue Code, to the extent deductible under Section 62(a)(8), Internal Revenue Code, in
218     determining adjusted gross income;
219          (b) except as provided in Subsection (3), for bonds, notes, and other evidences of
220     indebtedness acquired on or after January 1, 2003, the interest from bonds, notes, and other
221     evidences of indebtedness:
222          (i) issued by one or more of the following entities:
223          [(i)] (A) a state other than this state;
224          [(ii)] (B) the District of Columbia;
225          [(iii)] (C) a political subdivision of a state other than this state; or
226          [(iv)] (D) an agency or instrumentality of an entity described in Subsections
227     (1)(b)(i)(A) through [(iii)] (C); and
228          (ii) to the extent the interest is not included in federal taxable income on the taxpayer's
229     federal income tax return for the taxable year;
230          (c) any portion of federal taxable income for a taxable year if that federal taxable
231     income is derived from stock:
232          (i) in an S corporation; and
233          (ii) that is held by an electing small business trust;
234          (d) the amount withdrawn under Title 53B, Chapter 8a, Utah Educational Savings Plan,
235     from the account of a resident or nonresident estate or trust that is an account owner as defined
236     in Section 53B-8a-102, for the taxable year for which the amount is withdrawn, if that amount
237     withdrawn from the account of the resident or nonresident estate or trust that is the account
238     owner:
239          (i) is not expended for:
240          (A) higher education costs as defined in Section 53B-8a-102.5; or
241          (B) a payment or distribution that qualifies as an exception to the additional tax for
242     distributions not used for educational expenses provided in Sections 529(c) and 530(d),

243     Internal Revenue Code; and
244          (ii) is:
245          (A) subtracted by the resident or nonresident estate or trust:
246          (I) that is the account owner; and
247          (II) on the resident or nonresident estate's or trust's return filed under this chapter for a
248     taxable year beginning on or before December 31, 2007; or
249          (B) used as the basis for the resident or nonresident estate or trust that is the account
250     owner to claim a tax credit under Section 59-10-1017; and
251          (e) any fiduciary adjustments required by Section 59-10-210.
252          (2) There shall be subtracted from unadjusted income of a resident or nonresident
253     estate or trust:
254          (a) the interest or a dividend on obligations or securities of the United States and its
255     possessions or of any authority, commission, or instrumentality of the United States, to the
256     extent that interest or dividend is included in gross income for federal income tax purposes for
257     the taxable year but exempt from state income taxes under the laws of the United States, but
258     the amount subtracted under this Subsection (2) shall be reduced by any interest on
259     indebtedness incurred or continued to purchase or carry the obligations or securities described
260     in this Subsection (2), and by any expenses incurred in the production of interest or dividend
261     income described in this Subsection (2) to the extent that such expenses, including amortizable
262     bond premiums, are deductible in determining federal taxable income;
263          (b) income of an irrevocable resident trust if:
264          (i) the income would not be treated as state taxable income derived from Utah sources
265     under Section 59-10-204 if received by a nonresident trust;
266          (ii) the trust first became a resident trust on or after January 1, 2004;
267          (iii) no assets of the trust were held, at any time after January 1, 2003, in another
268     resident irrevocable trust created by the same settlor or the spouse of the same settlor;
269          (iv) the trustee of the trust is a trust company as defined in Subsection 7-5-1(1)(d);
270          (v) the amount subtracted under this Subsection (2)(b) is reduced to the extent the
271     settlor or any other person is treated as an owner of any portion of the trust under Subtitle A,
272     Subchapter J, Subpart E of the Internal Revenue Code; and
273          (vi) the amount subtracted under this Subsection (2)(b) is reduced by any interest on

274     indebtedness incurred or continued to purchase or carry the assets generating the income
275     described in this Subsection (2)(b), and by any expenses incurred in the production of income
276     described in this Subsection (2)(b), to the extent that those expenses, including amortizable
277     bond premiums, are deductible in determining federal taxable income;
278          (c) if the conditions of Subsection (4)(a) are met, the amount of income of a resident or
279     nonresident estate or trust derived from a deceased Ute tribal member:
280          (i) during a time period that the Ute tribal member resided on homesteaded land
281     diminished from the Uintah and Ouray Reservation; and
282          (ii) from a source within the Uintah and Ouray Reservation;
283          (d) any amount:
284          (i) received by a resident or nonresident estate or trust;
285          (ii) that constitutes a refund of taxes imposed by:
286          (A) a state; or
287          (B) the District of Columbia; and
288          (iii) to the extent that amount is included in total income on that resident or nonresident
289     estate's or trust's federal tax return for estates and trusts for that taxable year;
290          (e) the amount of a railroad retirement benefit:
291          (i) paid:
292          (A) in accordance with The Railroad Retirement Act of 1974, 45 U.S.C. Sec. 231 et
293     seq.;
294          (B) to a resident or nonresident estate or trust derived from a deceased resident or
295     nonresident individual; and
296          (C) for the taxable year; and
297          (ii) to the extent that railroad retirement benefit is included in total income on that
298     resident or nonresident estate's or trust's federal tax return for estates and trusts;
299          (f) an amount:
300          (i) received by a resident or nonresident estate or trust if that amount is derived from a
301     deceased enrolled member of an American Indian tribe; and
302          (ii) to the extent that the state is not authorized or permitted to impose a tax under this
303     part on that amount in accordance with:
304          (A) federal law;

305          (B) a treaty; or
306          (C) a final decision issued by a court of competent jurisdiction;
307          (g) the amount that a qualified nongrantor charitable lead trust deducts under Section
308     642(c), Internal Revenue Code, as a charitable contribution deduction, as allowed on the
309     qualified nongrantor charitable lead trust's federal income tax return for estates and trusts for
310     the taxable year; [and]
311          (h) any fiduciary adjustments required by Section 59-10-210[.]; and
312          (i) an amount received:
313          (i) for the interest on a bond, Ŝ→ [
not] note ←Ŝ , or other obligation Ŝ→ [described in
313a     Section 11-14-303;
] issued by an entity for which state statute provides an exemption of interest
313b     on its bonds from state individual income tax; ←Ŝ
314          (ii) by a resident or nonresident estate or trust;
315          (iii) for the taxable year; and
316          (iv) to the extent the amount is included in federal taxable income on the taxpayer's
317     federal income tax return for the taxable year.
318          (3) Notwithstanding Subsection (1)(b), interest from bonds, notes, and other evidences
319     of indebtedness issued by an entity described in Subsections (1)(b)(i)(A) through [(iv)] (D) may
320     not be added to unadjusted income of a resident or nonresident estate or trust if, as annually
321     determined by the commission:
322          (a) for an entity described in Subsection (1)(b)(i)(A) or [(ii)] (B), the entity and all of
323     the political subdivisions, agencies, or instrumentalities of the entity do not impose a tax based
324     on income on any part of the bonds, notes, and other evidences of indebtedness of this state; or
325          (b) for an entity described in Subsection (1)(b)[(iii)](i)(C) or [(iv)] (D), the following
326     do not impose a tax based on income on any part of the bonds, notes, and other evidences of
327     indebtedness of this state:
328          (i) the entity; or
329          (ii) (A) the state in which the entity is located; or
330          (B) the District of Columbia, if the entity is located within the District of Columbia.
331          (4) (a) A subtraction for an amount described in Subsection (2)(c) is allowed only if:
332          (i) the income is derived from a deceased Ute tribal member; and
333          (ii) the governor and the Ute tribe execute and maintain an agreement meeting the
334     requirements of this Subsection (4).
335          (b) The agreement described in Subsection (4)(a):

336          (i) may not:
337          (A) authorize the state to impose a tax in addition to a tax imposed under this chapter;
338          (B) provide a subtraction under this section greater than or different from the
339     subtraction described in Subsection (2)(c); or
340          (C) affect the power of the state to establish rates of taxation; and
341          (ii) shall:
342          (A) provide for the implementation of the subtraction described in Subsection (2)(c);
343          (B) be in writing;
344          (C) be signed by:
345          (I) the governor; and
346          (II) the chair of the Business Committee of the Ute tribe;
347          (D) be conditioned on obtaining any approval required by federal law; and
348          (E) state the effective date of the agreement.
349          (c) (i) The governor shall report to the commission by no later than February 1 of each
350     year regarding whether or not an agreement meeting the requirements of this Subsection (4) is
351     in effect.
352          (ii) If an agreement meeting the requirements of this Subsection (4) is terminated, the
353     subtraction permitted under Subsection (2)(c) is not allowed for taxable years beginning on or
354     after the January 1 following the termination of the agreement.
355          (d) For purposes of Subsection (2)(c) and in accordance with Title 63G, Chapter 3,
356     Utah Administrative Rulemaking Act, the commission may make rules:
357          (i) for determining whether income is derived from a source within the Uintah and
358     Ouray Reservation; and
359          (ii) that are substantially similar to how adjusted gross income derived from Utah
360     sources is determined under Section 59-10-117.
361          Section 3. Retrospective operation.
362          This bill has retrospective operation for a taxable year beginning on or after January 1,
363     2018.