Representative Rex P. Shipp proposes the following substitute bill:


1     
ADOPTION TAX CREDIT

2     
2020 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Rex P. Shipp

5     
Senate Sponsor: Deidre M. Henderson

6     

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 and a refundable individual income tax credit for adoption
14     expenses for which eligibility depends on the individual's income;
15          ▸     provides for apportionment of the tax credit for adoption expenses;
16          ▸     requires the Department of Workforce Services to certify certain information about
17     an individual's qualification for an adoption expense tax credit and to share that
18     information with the State Tax Commission;
19          ▸     repeals an individual income tax credit for adoption of a child with special needs;
20     and
21          ▸     makes technical and conforming changes.
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          59-10-137, as last amended by Laws of Utah 2019, Chapters 247 and 465
29          59-10-1002.2, as last amended by Laws of Utah 2016, Chapter 263
30          62A-4a-607, as last amended by Laws of Utah 2017, Chapter 148
31     ENACTS:
32          35A-1-111, Utah Code Annotated 1953
33          59-10-1041, Utah Code Annotated 1953
34          59-10-1102.1, Utah Code Annotated 1953
35          59-10-1113, Utah Code Annotated 1953
36     REPEALS:
37          59-10-1104, as last amended by Laws of Utah 2013, Chapter 414
38     

39     Be it enacted by the Legislature of the state of Utah:
40          Section 1. Section 35A-1-111 is enacted to read:
41          35A-1-111. Certification for adoption tax credit.
42          (1) An individual who seeks to claim a tax credit under Section 59-10-1041 or
43     59-10-1113 shall apply to the department for a certification that the individual did not receive
44     any state or federal assistance described in Subsections 59-10-1041(1)(e)(ii)(A), (B), (C), (D),
45     or (E).
46          (2) The department shall issue the certification on a form prescribed by the State Tax
47     Commission.
48          (3) The department shall provide the State Tax Commission with an electronic report
49     stating the name and identifying information of each individual to whom the department issued
50     a certification under Subsection (1).
51          Section 2. Section 59-10-137 is amended to read:
52          59-10-137. Review of credits allowed under this chapter.
53          (1) As used in this section, "committee" means the Revenue and Taxation Interim
54     Committee.
55          (2) (a) The committee shall review the tax credits described in this chapter as provided
56     in Subsection (3) and make recommendations concerning whether the tax credits should be

57     continued, modified, or repealed.
58          (b) In conducting the review required under Subsection (2)(a), the committee shall:
59          (i) schedule time on at least one committee agenda to conduct the review;
60          (ii) invite state agencies, individuals, and organizations concerned with the tax credit
61     under review to provide testimony;
62          (iii) (A) invite the Governor's Office of Economic Development to present a summary
63     and analysis of the information for each tax credit regarding which the Governor's Office of
64     Economic Development is required to make a report under this chapter; and
65          (B) invite the Office of the Legislative Fiscal Analyst to present a summary and
66     analysis of the information for each tax credit regarding which the Office of the Legislative
67     Fiscal Analyst is required to make a report under this chapter;
68          (iv) ensure that the committee's recommendations described in this section include an
69     evaluation of:
70          (A) the cost of the tax credit to the state;
71          (B) the purpose and effectiveness of the tax credit; and
72          (C) the extent to which the state benefits from the tax credit; and
73          (v) undertake other review efforts as determined by the committee chairs or as
74     otherwise required by law.
75          (3) (a) On or before November 30, 2017, and every three years after 2017, the
76     committee shall conduct the review required under Subsection (2) of the tax credits allowed
77     under the following sections:
78          (i) Section 59-10-1004;
79          (ii) Section 59-10-1010;
80          (iii) Section 59-10-1015;
81          (iv) Section 59-10-1025;
82          (v) Section 59-10-1027;
83          (vi) Section 59-10-1031;
84          (vii) Section 59-10-1032;
85          (viii) Section 59-10-1035;
86          [(ix) Section 59-10-1104;]
87          [(x)] (ix) Section 59-10-1105; and

88          [(xi)] (x) Section 59-10-1108.
89          (b) On or before November 30, 2018, and every three years after 2018, the committee
90     shall conduct the review required under Subsection (2) of the tax credits allowed under the
91     following sections:
92          (i) Section 59-10-1005;
93          (ii) Section 59-10-1006;
94          (iii) Section 59-10-1012;
95          (iv) Section 59-10-1022;
96          (v) Section 59-10-1023;
97          (vi) Section 59-10-1028;
98          (vii) Section 59-10-1034;
99          (viii) Section 59-10-1037;
100          (ix) Section 59-10-1107; and
101          (x) Section 59-10-1112.
102          (c) On or before November 30, 2019, and every three years after 2019, the committee
103     shall conduct the review required under Subsection (2) of the tax credits allowed under the
104     following sections:
105          (i) Section 59-10-1007;
106          (ii) Section 59-10-1014;
107          (iii) Section 59-10-1017;
108          (iv) Section 59-10-1018;
109          (v) Section 59-10-1019;
110          (vi) Section 59-10-1024;
111          (vii) Section 59-10-1029;
112          (viii) Section 59-10-1033;
113          (ix) Section 59-10-1036;
114          (x) Section 59-10-1106; and
115          (xi) Section 59-10-1111.
116          (d) (i) In addition to the reviews described in this Subsection (3), the committee shall
117     conduct a review of a tax credit described in this chapter that is enacted on or after January 1,
118     2017.

119          (ii) The committee shall complete a review described in this Subsection (3)(d) three
120     years after the effective date of the tax credit and every three years after the initial review date.
121          Section 3. Section 59-10-1002.2 is amended to read:
122          59-10-1002.2. Apportionment of tax credits.
123          (1) A nonresident individual or a part-year resident individual [that] who claims a tax
124     credit in accordance with Section 59-10-1017, 59-10-1018, 59-10-1019, 59-10-1022,
125     59-10-1023, 59-10-1024, [or] 59-10-1028, or 59-10-1041 may only claim an apportioned
126     amount of the tax credit equal to:
127          (a) for a nonresident individual, the product of:
128          (i) the state income tax percentage for the nonresident individual; and
129          (ii) the amount of the tax credit that the nonresident individual would have been
130     allowed to claim but for the apportionment requirements of this section; or
131          (b) for a part-year resident individual, the product of:
132          (i) the state income tax percentage for the part-year resident individual; and
133          (ii) the amount of the tax credit that the part-year resident individual would have been
134     allowed to claim but for the apportionment requirements of this section.
135          (2) A nonresident estate or trust that claims a tax credit in accordance with Section
136     59-10-1017, 59-10-1020, 59-10-1022, 59-10-1024, or 59-10-1028 may only claim an
137     apportioned amount of the tax credit equal to the product of:
138          (a) the state income tax percentage for the nonresident estate or trust; and
139          (b) the amount of the tax credit that the nonresident estate or trust would have been
140     allowed to claim but for the apportionment requirements of this section.
141          Section 4. Section 59-10-1041 is enacted to read:
142          59-10-1041. Nonrefundable adoption tax credit.
143          (1) As used in this section:
144          (a) "Adoption expense" means a reasonable and necessary adoption fee, court cost,
145     attorney fee, or other expense that is:
146          (i) directly related to, and for the primary purpose of, adoption of a qualifying child
147     through a domestic adoption;
148          (ii) not incurred in violation of federal or state law or in carrying out any surrogate
149     parenting arrangement; and

150          (iii) not paid or reimbursed by an employer or state assistance program.
151          (b) "Domestic adoption" means an adoption of a child who is a United States citizen or
152     a resident of the United States or its possessions before the adoption effort begins.
153          (c) (i) "Qualifying child" means an individual who is:
154          (A) under the age of 18; or
155          (B) physically or mentally incapable of caring for himself or herself.
156          (ii) "Qualifying child" does not include an individual who is a child of the claimant's
157     spouse.
158          (d) "Qualifying claimant" means a claimant:
159          (i) whose adjusted gross income is:
160          (A) for a claimant who files a federal income tax return jointly with the claimant's
161     spouse, $50,000 or more but less than $100,000; or
162          (B) for a claimant who files a federal income tax return other than jointly, $25,000 or
163     more but less than $50,000;
164          (ii) who did not, and if the claimant is married, whose spouse did not, receive state or
165     federal assistance during the taxable year for which the claimant is claiming a tax credit under
166     this section; and
167          (iii) who applies for and receives a certification described in Section 35A-1-111 from
168     the Department of Workforce Services.
169          (e) (i) "State or federal assistance" means public funds that are:
170          (A) expended for the benefit of an individual in need of financial, medical, food,
171     housing, or related assistance;
172          (B) means-tested; and
173          (C) provided by a state or federal government.
174          (ii) "State or federal assistance" includes:
175          (A) the Medicaid program, as defined in Section 26-18-2;
176          (B) the Employment Support Act described in Title 35A, Chapter 3, Employment
177     Support Act;
178          (C) the Children's Health Insurance Program created in Title 26, Chapter 40, Utah
179     Children's Health Insurance Act;
180          (D) the Special Supplemental Nutrition Program for Women, Infants, and Children,

181     established in 42 U.S.C. Sec. 1786;
182          (E) the Women, Infants, and Children Program established in 42 U.S.C. Sec. 1786;
183          (F) the federal Social Security Act; and
184          (G) housing assistance.
185          (iii) "State or federal assistance" does not include an income tax credit, subtraction, or
186     deduction.
187          (2) Except as provided in Section 59-10-1002.2, a qualifying claimant may claim, in
188     the taxable year in which the adoption is finalized, a nonrefundable tax credit equal to the
189     amount of the qualifying claimant's adoption expenses.
190          (3) A qualifying claimant may carry forward, to the next five taxable years, the amount
191     of any tax credit that exceeds the qualifying claimant's tax liability for the taxable year.
192          (4) A qualifying claimant may not claim a credit under this section to the extent that
193     the qualifying claimant claims a federal tax credit under 26 U.S.C. Sec. 23 for the same
194     adoption expense.
195          (5) A qualifying claimant who is married may claim a tax credit under this section only
196     if the qualifying claimant and the qualifying claimant's spouse file a joint federal income tax
197     return.
198          Section 5. Section 59-10-1102.1 is enacted to read:
199          59-10-1102.1. Apportionment of tax credit.
200          (1) A nonresident individual or a part-year resident individual who claims the tax credit
201     described in Section 59-10-1113 may only claim an apportioned amount of the tax credit equal
202     to the product of:
203          (a) the state income tax percentage for the nonresident individual or the state income
204     tax percentage for the part-year resident individual; and
205          (b) the amount of the tax credit that the nonresident individual or the part-year resident
206     individual would have been allowed to claim but for the apportionment requirement of this
207     section.
208          Section 6. Section 59-10-1113 is enacted to read:
209          59-10-1113. Refundable adoption income tax credit.
210          (1) As used in this section:
211          (a) "Adoption expense" means a reasonable and necessary adoption fee, court cost,

212     attorney fee, or other expense that is:
213          (i) directly related to, and for the primary purpose of, adoption of a qualifying child
214     through a domestic adoption;
215          (ii) not incurred in violation of federal or state law or in carrying out a surrogate
216     parenting arrangement; and
217          (iii) not paid or reimbursed by an employer or state assistance program.
218          (b) "Domestic adoption" means an adoption of a child who is a United States citizen or
219     a resident of the United States or its possessions before the adoption effort begins.
220          (c) (i) "Qualifying child" means an individual who is:
221          (A) under the age of 18; or
222          (B) physically or mentally incapable of caring for himself or herself.
223          (ii) "Qualifying child" does not include an individual who is a child of the claimant's
224     spouse.
225          (d) "Qualifying claimant" means a claimant:
226          (i) whose adjusted gross income is:
227          (A) for a claimant who files a federal income tax return jointly with the claimant's
228     spouse, less than $50,000; or
229          (B) for a claimant who files a federal income tax return other than jointly, less than
230     $25,000;
231          (ii) who did not, and if the claimant is married, whose spouse did not, receive state or
232     federal assistance during the taxable year for which the claimant is claiming a tax credit under
233     this section; and
234          (iii) who applies for and receives a certification described in Section 35A-1-111 from
235     the Department of Workforce Services.
236          (e) "State or federal assistance" means the same as that term is defined in Section
237     59-10-1041.
238          (2) (a) Subject to the other provisions of this Subsection (2), once an adoption is
239     finalized, a qualifying claimant is eligible to claim a refundable tax credit equal to the amount
240     of the qualifying claimant's adoption expenses.
241          (b) (i) A qualifying claimant may first claim the tax credit described in Subsection
242     (2)(a) for the taxable year in which the adoption is finalized.

243          (ii) The amount of the tax credit for the taxable year in which the adoption is finalized
244     is limited to $10,000.
245          (c) A qualifying claimant may claim an additional $10,000 tax credit each taxable year
246     after the taxable year in which the adoption is finalized until the earlier of:
247          (i) the qualifying claimant has claimed the amount of the tax credit described in
248     Subsection (2)(a); or
249          (ii) the fourth taxable year after the qualifying claimant first claimed the tax credit
250     described in Subsection (2)(a).
251          (d) The provisions of Section 59-10-1102.1 apply to a nonresident individual or
252     part-year resident individual.
253          (3) A qualifying claimant may not claim a credit under this section to the extent that
254     the qualifying claimant claims a federal tax credit under 26 U.S.C. Sec. 23 for the same
255     adoption expense.
256          (4) A qualifying claimant who is married may claim a tax credit under this section only
257     if the qualifying claimant and the qualifying claimant's spouse file a joint federal income tax
258     return.
259          Section 7. Section 62A-4a-607 is amended to read:
260          62A-4a-607. Promotion of adoption -- Agency notice to potential adoptive
261     parents.
262          (1) (a) The division and all child-placing agencies licensed under this part shall
263     promote adoption when that is a possible and appropriate alternative for a child. Specifically,
264     in accordance with Section 62A-4a-205.6, the division shall actively promote the adoption of
265     all children in [its] the division's custody who have a final plan for termination of parental
266     rights pursuant to Section 78A-6-314 or a primary permanency plan of adoption.
267          (b) [Beginning May 1, 2000, the] The division may not place a child for adoption,
268     either temporarily or permanently, with any individual or individuals who do not qualify for
269     adoptive placement pursuant to the requirements of Sections 78B-6-117, 78B-6-102, and
270     78B-6-137.
271          (2) The division shall obtain or conduct research of prior adoptive families to
272     determine what families may do to be successful with their adoptive children and shall make
273     this research available to potential adoptive parents.

274          (3) (a) A child-placing agency licensed under this part shall inform each potential
275     adoptive parent with whom [it] the child-placing agency is working that:
276          (i) children in the custody of the state are available for adoption;
277          (ii) Medicaid coverage for medical, dental, and mental health services may be available
278     for these children;
279          (iii) tax benefits, including the tax credit provided for in Section [59-10-1104]
280     59-10-1041 or 59-10-1113, and financial assistance may be available to defray the costs of
281     adopting these children;
282          (iv) training and ongoing support may be available to the adoptive parents of these
283     children; and
284          (v) information about individual children may be obtained by contacting the division's
285     offices or [its] the division's Internet site as explained by the child-placing agency.
286          (b) A child-placing agency shall:
287          (i) provide the notice required by Subsection (3)(a) at the earliest possible opportunity;
288     and
289          (ii) simultaneously distribute a copy of the pamphlet prepared by the division in
290     accordance with Subsection (3)(d).
291          (c) As a condition of licensure, the child-placing agency shall certify to the Office of
292     Licensing at the time of license renewal that it has complied with the provisions of this section.
293          (d) [Before July 1, 2000, the] The division shall:
294          (i) prepare a pamphlet that explains the information that is required by Subsection
295     (3)(a); and
296          (ii) regularly distribute copies of the pamphlet described in Subsection (3)(d)(i) to
297     child-placing agencies.
298          (e) The division shall respond to any inquiry made as a result of the notice provided in
299     Subsection (3)(a).
300          Section 8. Repealer.
301          This bill repeals:
302          Section 59-10-1104, Tax credit for adoption of a child who has a special need.
303          Section 9. Retrospective operation.
304          This bill has retrospective operation for a taxable year beginning on or after January 1,

305     2020.