1     
MILITARY SPOUSE INCOME TAX AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Eliason

5     
Senate Sponsor: Howard A. Stephenson

6     

7     LONG TITLE
8     Committee Note:
9          The Revenue and Taxation Interim Committee recommended this bill.
10     General Description:
11          This bill modifies the Individual Income Tax Act by amending provisions relating to
12     individual income tax deductions for a military spouse.
13     Highlighted Provisions:
14          This bill:
15          ▸     authorizes an individual income tax deduction from adjusted gross income for the
16     amount of all income, including income apportioned to another state, of a
17     nonmilitary spouse of an active duty military member in certain circumstances; and
18          ▸     makes technical corrections.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          This bill provides retrospective operation.
23     Utah Code Sections Affected:
24     AMENDS:
25          59-10-114, as last amended by Laws of Utah 2017, Chapter 389
26     

27     Be it enacted by the Legislature of the state of Utah:

28          Section 1. Section 59-10-114 is amended to read:
29          59-10-114. Additions to and subtractions from adjusted gross income of an
30     individual.
31          (1) There shall be added to adjusted gross income of a resident or nonresident
32     individual:
33          (a) a lump sum distribution that the taxpayer does not include in adjusted gross income
34     on the taxpayer's federal individual income tax return for the taxable year;
35          (b) the amount of a child's income calculated under Subsection (4) that:
36          (i) a parent elects to report on the parent's federal individual income tax return for the
37     taxable year; and
38          (ii) the parent does not include in adjusted gross income on the parent's federal
39     individual income tax return for the taxable year;
40          (c) (i) a withdrawal from a medical care savings account and any penalty imposed for
41     the taxable year if:
42          (A) the resident or nonresident individual does not deduct the amounts on the resident
43     or nonresident individual's federal individual income tax return under Section 220, Internal
44     Revenue Code;
45          (B) the withdrawal is subject to Subsections 31A-32a-105(1) and (2); and
46          (C) the withdrawal is subtracted on, or used as the basis for claiming a tax credit on, a
47     return the resident or nonresident individual files under this chapter;
48          (ii) a disbursement required to be added to adjusted gross income in accordance with
49     Subsection 31A-32a-105(3); or
50          (iii) an amount required to be added to adjusted gross income in accordance with
51     Subsection 31A-32a-105(5)(c);
52          (d) the amount withdrawn under Title 53B, Chapter 8a, Utah Educational Savings Plan,
53     from the account of a resident or nonresident individual who is an account owner as defined in
54     Section 53B-8a-102, for the taxable year for which the amount is withdrawn, if that amount
55     withdrawn from the account of the resident or nonresident individual who is the account
56     owner:
57          (i) is not expended for:
58          (A) higher education costs as defined in Section 53B-8a-102.5; or

59          (B) a payment or distribution that qualifies as an exception to the additional tax for
60     distributions not used for educational expenses provided in Sections 529(c) and 530(d),
61     Internal Revenue Code; and
62          (ii) is:
63          (A) subtracted by the resident or nonresident individual:
64          (I) who is the account owner; and
65          (II) on the resident or nonresident individual's return filed under this chapter for a
66     taxable year beginning on or before December 31, 2007; or
67          (B) used as the basis for the resident or nonresident individual who is the account
68     owner to claim a tax credit under Section 59-10-1017;
69          (e) except as provided in Subsection (5), for bonds, notes, and other evidences of
70     indebtedness acquired on or after January 1, 2003, the interest from bonds, notes, and other
71     evidences of indebtedness issued by one or more of the following entities:
72          (i) a state other than this state;
73          (ii) the District of Columbia;
74          (iii) a political subdivision of a state other than this state; or
75          (iv) an agency or instrumentality of an entity described in Subsections (1)(e)(i) through
76     (iii);
77          (f) subject to Subsection (2)(c), any distribution received by a resident beneficiary of a
78     resident trust of income that was taxed at the trust level for federal tax purposes, but was
79     subtracted from state taxable income of the trust pursuant to Subsection 59-10-202(2)(b);
80          (g) any distribution received by a resident beneficiary of a nonresident trust of
81     undistributed distributable net income realized by the trust on or after January 1, 2004, if that
82     undistributed distributable net income was taxed at the trust level for federal tax purposes, but
83     was not taxed at the trust level by any state, with undistributed distributable net income
84     considered to be distributed from the most recently accumulated undistributed distributable net
85     income; and
86          (h) any adoption expense:
87          (i) for which a resident or nonresident individual receives reimbursement from another
88     person; and
89          (ii) to the extent to which the resident or nonresident individual subtracts that adoption

90     expense:
91          (A) on a return filed under this chapter for a taxable year beginning on or before
92     December 31, 2007; or
93          (B) from federal taxable income on a federal individual income tax return.
94          (2) There shall be subtracted from adjusted gross income of a resident or nonresident
95     individual:
96          (a) the difference between:
97          (i) the interest or a dividend on an obligation or security of the United States or an
98     authority, commission, instrumentality, or possession of the United States, to the extent that
99     interest or dividend is:
100          (A) included in adjusted gross income for federal income tax purposes for the taxable
101     year; and
102          (B) exempt from state income taxes under the laws of the United States; and
103          (ii) any interest on indebtedness incurred or continued to purchase or carry the
104     obligation or security described in Subsection (2)(a)(i);
105          (b) for taxable years beginning on or after January 1, 2000, if the conditions of
106     Subsection (3)(a) are met, the amount of income derived by a Ute tribal member:
107          (i) during a time period that the Ute tribal member resides on homesteaded land
108     diminished from the Uintah and Ouray Reservation; and
109          (ii) from a source within the Uintah and Ouray Reservation;
110          (c) an amount received by a resident or nonresident individual or distribution received
111     by a resident or nonresident beneficiary of a resident trust:
112          (i) if that amount or distribution constitutes a refund of taxes imposed by:
113          (A) a state; or
114          (B) the District of Columbia; and
115          (ii) to the extent that amount or distribution is included in adjusted gross income for
116     that taxable year on the federal individual income tax return of the resident or nonresident
117     individual or resident or nonresident beneficiary of a resident trust;
118          (d) the amount of a railroad retirement benefit:
119          (i) paid:
120          (A) in accordance with The Railroad Retirement Act of 1974, 45 U.S.C. Sec. 231 et

121     seq.;
122          (B) to a resident or nonresident individual; and
123          (C) for the taxable year; and
124          (ii) to the extent that railroad retirement benefit is included in adjusted gross income on
125     that resident or nonresident individual's federal individual income tax return for that taxable
126     year; [and]
127          (e) an amount:
128          (i) received by an enrolled member of an American Indian tribe; and
129          (ii) to the extent that the state is not authorized or permitted to impose a tax under this
130     part on that amount in accordance with:
131          (A) federal law;
132          (B) a treaty; or
133          (C) a final decision issued by a court of competent jurisdiction[.]; and
134          (f) the amount of all income, including income apportioned to another state, of a
135     nonmilitary spouse of an active duty military member if:
136          (i) both the nonmilitary spouse and the active duty military member are nonresident
137     individuals;
138          (ii) the active duty military member is stationed in Utah;
139          (iii) the nonmilitary spouse is subject to the residency provisions of 50 U.S.C. Sec.
140     4001(a)(2); and
141          (iv) the income is included in adjusted gross income for federal income tax purposes
142     for the taxable year.
143          (3) (a) A subtraction for an amount described in Subsection (2)(b) is allowed only if:
144          (i) the taxpayer is a Ute tribal member; and
145          (ii) the governor and the Ute tribe execute and maintain an agreement meeting the
146     requirements of this Subsection (3).
147          (b) The agreement described in Subsection (3)(a):
148          (i) may not:
149          (A) authorize the state to impose a tax in addition to a tax imposed under this chapter;
150          (B) provide a subtraction under this section greater than or different from the
151     subtraction described in Subsection (2)(b); or

152          (C) affect the power of the state to establish rates of taxation; and
153          (ii) shall:
154          (A) provide for the implementation of the subtraction described in Subsection (2)(b);
155          (B) be in writing;
156          (C) be signed by:
157          (I) the governor; and
158          (II) the chair of the Business Committee of the Ute tribe;
159          (D) be conditioned on obtaining any approval required by federal law; and
160          (E) state the effective date of the agreement.
161          (c) (i) The governor shall report to the commission by no later than February 1 of each
162     year regarding whether or not an agreement meeting the requirements of this Subsection (3) is
163     in effect.
164          (ii) If an agreement meeting the requirements of this Subsection (3) is terminated, the
165     subtraction permitted under Subsection (2)(b) is not allowed for taxable years beginning on or
166     after the January 1 following the termination of the agreement.
167          (d) For purposes of Subsection (2)(b) and in accordance with Title 63G, Chapter 3,
168     Utah Administrative Rulemaking Act, the commission may make rules:
169          (i) for determining whether income is derived from a source within the Uintah and
170     Ouray Reservation; and
171          (ii) that are substantially similar to how adjusted gross income derived from Utah
172     sources is determined under Section 59-10-117.
173          (4) (a) For purposes of this Subsection (4), "Form 8814" means:
174          (i) the federal individual income tax Form 8814, Parents' Election To Report Child's
175     Interest and Dividends; or
176          (ii) (A) a form designated by the commission in accordance with Subsection
177     (4)(a)(ii)(B) as being substantially similar to 2000 Form 8814 if for purposes of federal
178     individual income taxes the information contained on 2000 Form 8814 is reported on a form
179     other than Form 8814; and
180          (B) for purposes of Subsection (4)(a)(ii)(A) and in accordance with Title 63G, Chapter
181     3, Utah Administrative Rulemaking Act, the commission may make rules designating a form as
182     being substantially similar to 2000 Form 8814 if for purposes of federal individual income

183     taxes the information contained on 2000 Form 8814 is reported on a form other than Form
184     8814.
185          (b) The amount of a child's income added to adjusted gross income under Subsection
186     (1)(b) is equal to the difference between:
187          (i) the lesser of:
188          (A) the base amount specified on Form 8814; and
189          (B) the sum of the following reported on Form 8814:
190          (I) the child's taxable interest;
191          (II) the child's ordinary dividends; and
192          (III) the child's capital gain distributions; and
193          (ii) the amount not taxed that is specified on Form 8814.
194          (5) Notwithstanding Subsection (1)(e), interest from bonds, notes, and other evidences
195     of indebtedness issued by an entity described in Subsections (1)(e)(i) through (iv) may not be
196     added to adjusted gross income of a resident or nonresident individual if, as annually
197     determined by the commission:
198          (a) for an entity described in Subsection (1)(e)(i) or (ii), the entity and all of the
199     political subdivisions, agencies, or instrumentalities of the entity do not impose a tax based on
200     income on any part of the bonds, notes, and other evidences of indebtedness of this state; or
201          (b) for an entity described in Subsection (1)(e)(iii) or (iv), the following do not impose
202     a tax based on income on any part of the bonds, notes, and other evidences of indebtedness of
203     this state:
204          (i) the entity; or
205          (ii) (A) the state in which the entity is located; or
206          (B) the District of Columbia, if the entity is located within the District of Columbia.
207          Section 2. Retrospective operation.
208          This bill has retrospective operation for a taxable year beginning on or after January 1,
209     2018.






Legislative Review Note
Office of Legislative Research and General Counsel