1     
SOCIAL SECURITY TAX AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Walt Brooks

5     
Senate Sponsor: Don L. Ipson

6     

7     LONG TITLE
8     General Description:
9          This bill provides for an individual income tax credit for certain social security benefits.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides definitions;
13          ▸     provides that a claimant may claim a tax credit for social security benefits that are
14     included in the claimant's federal adjusted gross income;
15          ▸     provides that a claimant may claim either the retirement tax credit or the
16     nonrefundable tax credit for social security benefits;
17          ▸     provides for rulemaking authority; and
18          ▸     makes technical changes.
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          59-10-1002.2, as last amended by Laws of Utah 2016, Chapter 263
26          59-10-1019, as renumbered and amended by Laws of Utah 2008, Chapter 389
27     ENACTS:
28          59-10-1041, Utah Code Annotated 1953
29     

30     Be it enacted by the Legislature of the state of Utah:
31          Section 1. Section 59-10-1002.2 is amended to read:
32          59-10-1002.2. Apportionment of tax credits.
33          (1) A nonresident individual or a part-year resident individual that claims a tax credit
34     in accordance with Section 59-10-1017, 59-10-1018, 59-10-1019, 59-10-1022, 59-10-1023,
35     59-10-1024, [or] 59-10-1028, or 59-10-1041 may only claim an apportioned amount of the tax
36     credit equal to:
37          (a) for a nonresident individual, the product of:
38          (i) the state income tax percentage for the nonresident individual; and
39          (ii) the amount of the tax credit that the nonresident individual would have been
40     allowed to claim but for the apportionment requirements of this section; or
41          (b) for a part-year resident individual, the product of:
42          (i) the state income tax percentage for the part-year resident individual; and
43          (ii) the amount of the tax credit that the part-year resident individual would have been
44     allowed to claim but for the apportionment requirements of this section.
45          (2) A nonresident estate or trust that claims a tax credit in accordance with Section
46     59-10-1017, 59-10-1020, 59-10-1022, 59-10-1024, or 59-10-1028 may only claim an
47     apportioned amount of the tax credit equal to the product of:
48          (a) the state income tax percentage for the nonresident estate or trust; and
49          (b) the amount of the tax credit that the nonresident estate or trust would have been
50     allowed to claim but for the apportionment requirements of this section.
51          Section 2. Section 59-10-1019 is amended to read:
52          59-10-1019. Definitions -- Nonrefundable retirement tax credits.
53          (1) As used in this section:
54          (a) "Eligible age 65 or older retiree" means a claimant, regardless of whether that
55     claimant is retired, who:
56          (i) is 65 years of age or older; and
57          (ii) was born on or before December 31, 1952.
58          [(b) (i) "Eligible retirement income" means income received by an eligible under age
59     65 retiree as a pension or annuity if that pension or annuity is:]
60          [(A) paid to the eligible under age 65 retiree or the surviving spouse of an eligible
61     under age 65 retiree; and]
62          [(B) (I) paid from an annuity contract purchased by an employer under a plan that
63     meets the requirements of Section 404(a)(2), Internal Revenue Code;]
64          [(II) purchased by an employee under a plan that meets the requirements of Section
65     408, Internal Revenue Code; or]
66          [(III) paid by:]
67          [(Aa) the United States;]
68          [(Bb) a state or a political subdivision of a state; or]
69          [(Cc) the District of Columbia.]
70          [(ii) "Eligible retirement income" does not include amounts received by the spouse of a
71     living eligible under age 65 retiree because of the eligible under age 65 retiree's having been
72     employed in a community property state.]
73          [(c) "Eligible under age 65 retiree" means a claimant, regardless of whether that
74     claimant is retired, who:]
75          [(i) is younger than 65 years of age;]
76          [(ii) was born on or before December 31, 1952; and]
77          [(iii) has eligible retirement income for the taxable year for which a tax credit is
78     claimed under this section.]
79          [(d)] (b) "Head of household filing status" is as defined in Section 59-10-1018.
80          [(e)] (c) "Joint filing status" is as defined in Section 59-10-1018.
81          [(f)] (d) "Married filing separately status" means a married individual who:
82          (i) does not file a single federal individual income tax return jointly with that married
83     individual's spouse for the taxable year; and
84          (ii) files a single federal individual income tax return for the taxable year.
85          [(g)] (e) "Modified adjusted gross income" means the sum of an eligible age 65 or
86     older retiree's [or eligible under age 65 retiree's]:
87          (i) adjusted gross income for the taxable year for which a tax credit is claimed under
88     this section;
89          (ii) any interest income that is not included in adjusted gross income for the taxable
90     year described in Subsection (1)[(g)](e)(i); and
91          (iii) any addition to adjusted gross income required by Section 59-10-114 for the
92     taxable year described in Subsection (1)[(g)](e)(i).
93          [(h)] (f) "Single filing status" means a single individual who files a single federal
94     individual income tax return for the taxable year.
95          (2) Except as provided in Section 59-10-1002.2 and Subsection (6) and subject to
96     Subsections (3) through (5)[: (a)] each eligible age 65 or older retiree may claim a
97     nonrefundable tax credit of $450 against taxes otherwise due under this part[; or].
98          [(b) each eligible under age 65 retiree may claim a nonrefundable tax credit against
99     taxes otherwise due under this part in an amount equal to the lesser of:]
100          [(i) $288; or]
101          [(ii) the product of:]
102          [(A) the eligible under age 65 retiree's eligible retirement income for the taxable year
103     for which the eligible under age 65 retiree claims a tax credit under this section; and]
104          [(B) 6%.]
105          (3) A tax credit under this section may not be carried forward or carried back.
106          (4) The [sum of the tax credits] tax credit allowed by Subsection (2) claimed on one
107     return filed under this part shall be reduced by $.025 for each dollar by which modified
108     adjusted gross income for purposes of the return exceeds:
109          (a) for a federal individual income tax return that is allowed a married filing separately
110     status, $16,000;
111          (b) for a federal individual income tax return that is allowed a single filing status,
112     $25,000;
113          (c) for a federal individual income tax return that is allowed a head of household filing
114     status, $32,000; or
115          (d) for a return under this chapter that is allowed a joint filing status, $32,000.
116          (5) For purposes of determining the ownership of items of retirement income under this
117     section, common law doctrine shall be applied in all cases even though some items of
118     retirement income may have originated from service or investments in a community property
119     state.
120          (6) If an eligible age 65 or older retiree qualifies for a tax credit under this section and
121     under Section 59-10-1041, the eligible age 65 or older retiree may claim either:
122          (a) the tax credit under this section; or
123          (b) the tax credit under Section 59-10-1041.
124          Section 3. Section 59-10-1041 is enacted to read:
125          59-10-1041. Nonrefundable tax credit for social security benefits.
126          (1) As used in this section, "social security benefit" means an amount received by a
127     claimant as a monthly benefit in accordance with the Social Security Act, 42 U.S.C. Sec. 401 et
128     seq.
129          (2) Except as provided in Section 59-10-1002.2, a claimant may claim a nonrefundable
130     tax credit against taxes otherwise due under this part equal to the product of:
131          (a) 4.95%; and
132          (b) the claimant's social security benefit that is included in adjusted gross income on
133     the claimant's federal income tax return for the taxable year.
134          (3) A claimant:
135          (a) may not carry forward or carry back a tax credit under this section; and
136          (b) may, if the claimant qualifies for a tax credit under this section and Section
137     59-10-1019, claim either:
138          (i) the tax credit under this section; or
139          (ii) the tax credit under Section 59-10-1019.
140          (4) The tax credit allowed by Subsection (2) claimed on one return filed under this part
141     shall be reduced by $.025 for each dollar by which modified adjusted gross income for
142     purposes of the return exceeds:
143          (a) for a federal individual income tax return that is allowed a married filing separately
144     status, $30,000;
145          (b) for a federal individual income tax return that is allowed a single filing status,
146     $40,000;
147          (c) for a federal individual income tax return that is allowed a head of household filing
148     status, $60,000; or
149          (d) for a return under this chapter that is allowed a joint filing status, $60,000.
150          (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
151     commission may make rules governing the calculation and method for claiming the tax credit
152     described in this section.
153          Section 4. Retrospective operation.
154          This bill has retrospective operation for a taxable year beginning on or after January 1,
155     2019.