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7 LONG TITLE
8 General Description:
9 This bill creates nonrefundable corporate and individual income tax credits for
10 employers that pay for or provide child care for employees.
11 Highlighted Provisions:
12 This bill:
13 ▸ creates nonrefundable corporate and individual income tax credits for employers
14 that make payments to third parties for providing child care or that provide child
15 care for one or more employees;
16 ▸ defines terms;
17 ▸ creates an application process for an employer that pays for or provides child care
18 for employees to receive a tax credit certificate;
19 ▸ requires the Department of Workforce Services to report certain information related
20 to the tax credit to the Legislature in the department's annual report;
21 ▸ sets a termination date for the tax credit but requires legislative review before the
22 termination date to determine whether the Legislature should extend the tax credit;
23 and
24 ▸ makes technical changes.
25 Money Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 This bill provides a special effective date.
29 Utah Code Sections Affected:
30 AMENDS:
31 63I-1-235, as last amended by Laws of Utah 2019, Chapters 89 and 246
32 63I-1-259, as last amended by Laws of Utah 2019, Chapters 29 and 479
33 ENACTS:
34 35A-5-401, Utah Code Annotated 1953
35 35A-5-402, Utah Code Annotated 1953
36 35A-5-403, Utah Code Annotated 1953
37 59-7-625, Utah Code Annotated 1953
38 59-10-1041, Utah Code Annotated 1953
39
40 Be it enacted by the Legislature of the state of Utah:
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42 Section 1. Section 35A-5-401 is enacted to read:
43 35A-5-401. Definitions.
44 As used in this part:
45 (1) "Dependent" means:
46 (a) a child under the age of 13; or
47 (b) a child under the age of 18, if the child has a disability.
48 (2) "Dependent care" means continuous care and supervision of dependents that is
49 provided:
50 (a) in lieu of care ordinarily provided by a parent or a legal guardian in the dependent's
51 home;
52 (b) for less than 24 hours a day;
53 (c) for direct compensation;
54 (d) during an employer's business hours; and
55 (e) by a provider that is licensed in accordance with Title 26, Chapter 39, Utah Child
56 Care Licensing Act.
57 (3) "Dependent care expenses" means the amounts:
58 (a) if the employer pays a third party to provide dependent care, paid in accordance
59 with a contract between the employer and the third party provider; or
60 (b) if the employer provides dependent care, incurred for:
61 (i) dependent care staff;
62 (ii) learning and recreational materials and equipment used in providing dependent
63 care; and
64 (iii) maintenance of a dependent care facility.
65 (4) "Qualified application" means an application for a tax credit certificate that meets
66 the requirements of Subsections 35A-5-402(2) and (3).
67 (5) "Tax credit" means a tax credit described in:
68 (a) Section 59-7-625, if an employer files an income tax return under Title 59, Chapter
69 7, Corporate Franchise and Income Taxes; or
70 (b) Section 59-10-1041, if an employer files an income tax return under Title 59,
71 Chapter 10, Individual Income Tax Act.
72 Section 2. Section 35A-5-402 is enacted to read:
73 35A-5-402. Application for and issuance of tax credit certificate for tax credit for
74 employer provided dependent care.
75 (1) An employer who seeks to claim a tax credit shall apply annually to the department
76 for a tax credit certificate.
77 (2) The employer shall apply for a tax credit certificate on a form provided by the
78 department and approved by the State Tax Commission.
79 (3) The employer shall include in the application the following information for the year
80 for which the employer seeks to claim a tax credit:
81 (a) proof of the amount of dependent care expenses paid or incurred;
82 (b) for payments of dependent care expenses to one or more third party providers:
83 (i) the name and license number, or other identifying information, of each third party
84 provider; and
85 (ii) a copy of the contract between the employer and each third party provider;
86 (c) for dependent care expenses incurred by the employer in providing child care, an
87 itemized list of expenses for:
88 (i) dependent care staff;
89 (ii) learning and recreational materials and equipment used in providing dependent
90 care; and
91 (iii) maintenance of a dependent care facility; and
92 (d) responses to questions developed by the department regarding the benefits that the
93 employer or the employees receive from the availability of the tax credit.
94 (4) (a) The department shall issue a tax credit certificate to an employer that the
95 department determines:
96 (i) paid or incurred dependent care expenses during the year; and
97 (ii) completed a qualified application.
98 (b) Subject to Subsection (5), the tax credit certificate shall state the amount of the
99 employer's tax credit, which is equal to the lesser of:
100 (i) 50% of the dependent care expenses that the employer paid or incurred during the
101 year; and
102 (ii) $50,000.
103 (5) (a) The maximum aggregate amount of tax credit certificates that the department
104 may issue for a year is $500,000.
105 (b) If the department receives qualified applications for tax credit certificates in
106 amounts that exceed the aggregate amount of tax credit certificates that the department may
107 issue for the year, the department shall issue tax credit certificates:
108 (i) in the order that the department receives the qualified applications until the total
109 aggregate amount is met; and
110 (ii) for the final employer to receive a tax credit certificate, in an amount equal to the
111 difference between the maximum aggregate amount described in this Subsection (5) and the
112 aggregate dollar amount of the tax credit certificates that the department has already issued for
113 the year.
114 (6) The department shall submit to the State Tax Commission an electronic list that
115 includes:
116 (a) the name and identifying information of each employer to which the department
117 issues a tax credit certificate; and
118 (b) for each employer, the amount of the tax credit stated on the tax credit certificate.
119 (7) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
120 department may make rules governing administration of the tax credit certificate process
121 described in this section.
122 Section 3. Section 35A-5-403 is enacted to read:
123 35A-5-403. Report to the Legislature.
124 The department shall include in the annual report required by Section 35A-1-109 the
125 following information for the previous year:
126 (1) a compilation of the responses to the questions regarding employer and employee
127 benefits from the availability of the tax credit; and
128 (2) the number of employers to which the department issued a tax credit certificate.
129 Section 4. Section 59-7-625 is enacted to read:
130 59-7-625. Nonrefundable tax credit for employer provided dependent care.
131 (1) As used in this section:
132 (a) "Dependent care expenses" means the same as that term is defined in Section
133 35A-5-401.
134 (b) "Employer" means a taxpayer that receives a tax credit certificate in accordance
135 with Section 35A-5-402.
136 (2) An employer may claim a nonrefundable tax credit for dependent care expenses in
137 an amount equal to the amount stated on the tax credit certificate issued in accordance with
138 Section 35A-5-402.
139 (3) (a) An employer may carry forward the amount of the tax credit that exceeds the
140 employer's tax liability for a period of five years.
141 (b) An employer may not carry back the amount of a tax credit that exceeds the
142 employer's tax liability.
143 Section 5. Section 59-10-1041 is enacted to read:
144 59-10-1041. Nonrefundable tax credit for employer provided dependent care.
145 (1) As used in this section:
146 (a) "Dependent care expenses" means the same as that term is defined in Section
147 35A-5-401.
148 (b) "Employer" means a claimant that receives a tax credit certificate in accordance
149 with Section 35A-5-402.
150 (2) An employer may claim a nonrefundable tax credit for dependent care expenses in
151 an amount equal to the amount stated on the tax credit certificate issued in accordance with
152 Section 35A-5-402.
153 (3) (a) An employer may carry forward the amount of the tax credit that exceeds the
154 employer's tax liability for a period of five years.
155 (b) An employer may not carry back the amount of a tax credit that exceeds the
156 employer's tax liability.
157 Section 6. Section 63I-1-235 is amended to read:
158 63I-1-235. Repeal dates, Title 35A.
159 (1) Subsection 35A-1-109(4)(c), related to the Talent Ready Utah Board, is repealed
160 January 1, 2023.
161 (2) Subsection 35A-4-312(5)(p), describing information that may be disclosed to the
162 federal Wage and Hour Division, is repealed July 1, 2022.
163 (3) Title 35A, Chapter 5, Part 4, Tax Credit for Employer Provided Dependent Care, is
164 repealed January 1, 2026.
165 [
166 repealed July 1, 2023.
167 [
168 [
169 January 1, 2025.
170 Section 7. Section 63I-1-259 is amended to read:
171 63I-1-259. Repeal dates, Title 59.
172 (1) Section 59-1-213.1 is repealed [
173 (2) Section 59-1-213.2 is repealed [
174 (3) Subsection 59-1-405(1)(g) is repealed [
175 (4) Subsection 59-1-405(2)(b) is repealed [
176 [
177 (5) Section 59-7-625 is repealed January 1, 2026.
178 (6) Section 59-9-102.5 is repealed December 31, 2020.
179 [
180 (7) Section 59-10-1041 is repealed January 1, 2026.
181 [
182
183 [
184 2023.
185 Section 8. Effective date.
186 This bill takes effect for a taxable year that begins on or after January 1, 2021.