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7 LONG TITLE
8 General Description:
9 This bill enacts an individual income tax credit for adoption expenses.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ enacts a nonrefundable individual income tax credit for adoption expenses;
14 ▸ provides for apportionment of the tax credit for adoption expenses;
15 ▸ repeals an individual income tax credit for adoption of a child with special needs;
16 and
17 ▸ makes technical and conforming changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 This bill provides retrospective operation.
22 Utah Code Sections Affected:
23 AMENDS:
24 59-10-137, as last amended by Laws of Utah 2019, Chapters 247 and 465
25 59-10-1002.2, as last amended by Laws of Utah 2016, Chapter 263
26 62A-4a-607, as last amended by Laws of Utah 2017, Chapter 148
27 ENACTS:
28 59-10-1041, Utah Code Annotated 1953
29 REPEALS:
30 59-10-1104, as last amended by Laws of Utah 2013, Chapter 414
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 59-10-137 is amended to read:
34 59-10-137. Review of credits allowed under this chapter.
35 (1) As used in this section, "committee" means the Revenue and Taxation Interim
36 Committee.
37 (2) (a) The committee shall review the tax credits described in this chapter as provided
38 in Subsection (3) and make recommendations concerning whether the tax credits should be
39 continued, modified, or repealed.
40 (b) In conducting the review required under Subsection (2)(a), the committee shall:
41 (i) schedule time on at least one committee agenda to conduct the review;
42 (ii) invite state agencies, individuals, and organizations concerned with the tax credit
43 under review to provide testimony;
44 (iii) (A) invite the Governor's Office of Economic Development to present a summary
45 and analysis of the information for each tax credit regarding which the Governor's Office of
46 Economic Development is required to make a report under this chapter; and
47 (B) invite the Office of the Legislative Fiscal Analyst to present a summary and
48 analysis of the information for each tax credit regarding which the Office of the Legislative
49 Fiscal Analyst is required to make a report under this chapter;
50 (iv) ensure that the committee's recommendations described in this section include an
51 evaluation of:
52 (A) the cost of the tax credit to the state;
53 (B) the purpose and effectiveness of the tax credit; and
54 (C) the extent to which the state benefits from the tax credit; and
55 (v) undertake other review efforts as determined by the committee chairs or as
56 otherwise required by law.
57 (3) (a) On or before November 30, 2017, and every three years after 2017, the
58 committee shall conduct the review required under Subsection (2) of the tax credits allowed
59 under the following sections:
60 (i) Section 59-10-1004;
61 (ii) Section 59-10-1010;
62 (iii) Section 59-10-1015;
63 (iv) Section 59-10-1025;
64 (v) Section 59-10-1027;
65 (vi) Section 59-10-1031;
66 (vii) Section 59-10-1032;
67 (viii) Section 59-10-1035;
68 [
69 [
70 [
71 (b) On or before November 30, 2018, and every three years after 2018, the committee
72 shall conduct the review required under Subsection (2) of the tax credits allowed under the
73 following sections:
74 (i) Section 59-10-1005;
75 (ii) Section 59-10-1006;
76 (iii) Section 59-10-1012;
77 (iv) Section 59-10-1022;
78 (v) Section 59-10-1023;
79 (vi) Section 59-10-1028;
80 (vii) Section 59-10-1034;
81 (viii) Section 59-10-1037;
82 (ix) Section 59-10-1107; and
83 (x) Section 59-10-1112.
84 (c) On or before November 30, 2019, and every three years after 2019, the committee
85 shall conduct the review required under Subsection (2) of the tax credits allowed under the
86 following sections:
87 (i) Section 59-10-1007;
88 (ii) Section 59-10-1014;
89 (iii) Section 59-10-1017;
90 (iv) Section 59-10-1018;
91 (v) Section 59-10-1019;
92 (vi) Section 59-10-1024;
93 (vii) Section 59-10-1029;
94 (viii) Section 59-10-1033;
95 (ix) Section 59-10-1036;
96 (x) Section 59-10-1106; and
97 (xi) Section 59-10-1111.
98 (d) (i) In addition to the reviews described in this Subsection (3), the committee shall
99 conduct a review of a tax credit described in this chapter that is enacted on or after January 1,
100 2017.
101 (ii) The committee shall complete a review described in this Subsection (3)(d) three
102 years after the effective date of the tax credit and every three years after the initial review date.
103 Section 2. Section 59-10-1002.2 is amended to read:
104 59-10-1002.2. Apportionment of tax credits.
105 (1) A nonresident individual or a part-year resident individual [
106 credit in accordance with Section 59-10-1017, 59-10-1018, 59-10-1019, 59-10-1022,
107 59-10-1023, 59-10-1024, [
108 amount of the tax credit equal to:
109 (a) for a nonresident individual, the product of:
110 (i) the state income tax percentage for the nonresident individual; and
111 (ii) the amount of the tax credit that the nonresident individual would have been
112 allowed to claim but for the apportionment requirements of this section; or
113 (b) for a part-year resident individual, the product of:
114 (i) the state income tax percentage for the part-year resident individual; and
115 (ii) the amount of the tax credit that the part-year resident individual would have been
116 allowed to claim but for the apportionment requirements of this section.
117 (2) A nonresident estate or trust that claims a tax credit in accordance with Section
118 59-10-1017, 59-10-1020, 59-10-1022, 59-10-1024, or 59-10-1028 may only claim an
119 apportioned amount of the tax credit equal to the product of:
120 (a) the state income tax percentage for the nonresident estate or trust; and
121 (b) the amount of the tax credit that the nonresident estate or trust would have been
122 allowed to claim but for the apportionment requirements of this section.
123 Section 3. Section 59-10-1041 is enacted to read:
124 59-10-1041. Adoption tax credit.
125 (1) As used in this section:
126 (a) "Adoption expense" means a reasonable and necessary adoption fee, court cost,
127 attorney fee, or other expense that is:
128 (i) directly related to, and for the primary purpose of, adoption of a qualifying child
129 through a domestic adoption;
130 (ii) not incurred in violation of federal or state law or in carrying out any surrogate
131 parenting arrangement; and
132 (iii) not paid or reimbursed by an employer or state assistance program.
133 (b) "Domestic adoption" means an adoption of a child who is a United States citizen or
134 a resident of the United States or its possessions before the adoption effort begins.
135 (c) (i) "Qualifying child" means an individual who is:
136 (A) under the age of 18; or
137 (B) physically or mentally incapable of caring for himself or herself.
138 (ii) "Qualifying child" does not include an individual who is the child of the claimant's
139 spouse.
140 (d) "Qualifying claimant" means a claimant whose adjusted gross income is:
141 (i) for a claimant who files a federal income tax return jointly with the claimant's
142 spouse, $160,000 or less; or
143 (ii) for a claimant who files a federal income tax return other than jointly, $80,000 or
144 less.
145 (2) Except as provided in Section 59-10-1002.2, a qualifying claimant may claim, in
146 the taxable year in which the adoption is finalized, a nonrefundable tax credit equal to the
147 amount of the qualifying claimant's adoption expenses.
148 (3) A qualifying claimant may carry forward, to the next five taxable years, the amount
149 of any tax credit that exceeds the qualifying claimant's tax liability for the taxable year.
150 (4) A qualifying claimant may not claim a credit under this section to the extent that
151 the qualifying claimant claims a federal tax credit under 26 U.S.C. Sec. 23 for the same
152 adoption expense.
153 (5) A qualifying claimant who is married may claim a tax credit under this section only
154 if the qualifying claimant and the qualifying claimant's spouse file a joint federal income tax
155 return.
156 Section 4. Section 62A-4a-607 is amended to read:
157 62A-4a-607. Promotion of adoption -- Agency notice to potential adoptive
158 parents.
159 (1) (a) The division and all child-placing agencies licensed under this part shall
160 promote adoption when that is a possible and appropriate alternative for a child. Specifically,
161 in accordance with Section 62A-4a-205.6, the division shall actively promote the adoption of
162 all children in [
163 rights pursuant to Section 78A-6-314 or a primary permanency plan of adoption.
164 (b) [
165 either temporarily or permanently, with any individual or individuals who do not qualify for
166 adoptive placement pursuant to the requirements of Sections 78B-6-117, 78B-6-102, and
167 78B-6-137.
168 (2) The division shall obtain or conduct research of prior adoptive families to
169 determine what families may do to be successful with their adoptive children and shall make
170 this research available to potential adoptive parents.
171 (3) (a) A child-placing agency licensed under this part shall inform each potential
172 adoptive parent with whom [
173 (i) children in the custody of the state are available for adoption;
174 (ii) Medicaid coverage for medical, dental, and mental health services may be available
175 for these children;
176 (iii) tax benefits, including the tax credit provided for in Section [
177 59-10-1041, and financial assistance may be available to defray the costs of adopting these
178 children;
179 (iv) training and ongoing support may be available to the adoptive parents of these
180 children; and
181 (v) information about individual children may be obtained by contacting the division's
182 offices or [
183 (b) A child-placing agency shall:
184 (i) provide the notice required by Subsection (3)(a) at the earliest possible opportunity;
185 and
186 (ii) simultaneously distribute a copy of the pamphlet prepared by the division in
187 accordance with Subsection (3)(d).
188 (c) As a condition of licensure, the child-placing agency shall certify to the Office of
189 Licensing at the time of license renewal that it has complied with the provisions of this section.
190 (d) [
191 (i) prepare a pamphlet that explains the information that is required by Subsection
192 (3)(a); and
193 (ii) regularly distribute copies of the pamphlet described in Subsection (3)(d)(i) to
194 child-placing agencies.
195 (e) The division shall respond to any inquiry made as a result of the notice provided in
196 Subsection (3)(a).
197 Section 5. Repealer.
198 This bill repeals:
199 Section 59-10-1104, Tax credit for adoption of a child who has a special need.
200 Section 6. Retrospective operation.
201 This bill has retrospective operation for a taxable year beginning on or after January 1,
202 2020.