Senator Wayne A. Harper proposes the following substitute bill:


1     
INCOME TAX AMENDMENTS

2     
2020 SIXTH SPECIAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Wayne A. Harper

5     
House Sponsor: Robert M. Spendlove

6     

7     LONG TITLE
8     General Description:
9          This bill modifies income tax provisions to provide that certain amounts received in
10     response to COVID-19 are not subject to state income tax.
11     Highlighted Provisions:
12          This bill:
13          ▸     provides that certain amounts received from a forgiven loan under the Paycheck
14     Protection Program or similar program are exempt from state corporate franchise and
15     income tax by:
16               •     modifying the definition of "unadjusted income"; and
17               •     creating a subtraction from unadjusted income;
18          ▸     provides that a grant or a forgiven loan provided by the state, a county within the state,
19     or a municipality within the state in response to COVID-19 using certain federal funds
20     is exempt from state corporate franchise and income tax by creating a subtraction
21     from unadjusted income;
22          ▸     provides that certain amounts received from a forgiven loan under the Paycheck
23     Protection Program or similar program and an amount received as an individual
24     recovery rebate are exempt from state individual income tax by:
25               •     modifying the definition of "adjusted gross income"; and

26               •     creating a subtraction from adjusted gross income;
27          ▸     provides that a grant or a forgiven loan provided by the state, a county within the state,
28     or a municipality within the state in response to COVID-19 using certain federal funds
29     is exempt from state individual income tax by creating a subtraction from adjusted
30     gross income; and
31          ▸     makes technical changes.
32     Money Appropriated in this Bill:
33          None
34     Other Special Clauses:
35          This bill provides a special effective date.
36          This bill provides retrospective operation.
37     Utah Code Sections Affected:
38     AMENDS:
39          59-7-101, as last amended by Laws of Utah 2019, Chapters 11, 418, and 466
40          59-7-106, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 12
41          59-7-402, as last amended by Laws of Utah 2019, Chapters 418 and 466
42          59-10-103, as last amended by Laws of Utah 2019, Chapter 323
43          59-10-114, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 12
44     

45     Be it enacted by the Legislature of the state of Utah:
46          Section 1. Section 59-7-101 is amended to read:
47          59-7-101. Definitions.
48          As used in this chapter:
49          (1) "Adjusted income" means unadjusted income as modified by Sections 59-7-105 and
50     59-7-106.
51          (2) (a) "Affiliated group" means one or more chains of corporations that are connected
52     through stock ownership with a common parent corporation that meet the following requirements:
53          (i) at least 80% of the stock of each of the corporations in the group, excluding the
54     common parent corporation, is owned by one or more of the other corporations in the group; and
55          (ii) the common parent directly owns at least 80% of the stock of at least one of the

56     corporations in the group.
57          (b) "Affiliated group" does not include corporations that are qualified to do business but
58     are not otherwise doing business in this state.
59          (c) For purposes of this Subsection (2), "stock" does not include nonvoting stock which is
60     limited and preferred as to dividends.
61          (3) "Apportionable income" means adjusted income less nonbusiness income net of
62     related expenses, to the extent included in adjusted income.
63          (4) "Apportioned income" means apportionable income multiplied by the apportionment
64     fraction as determined in Section 59-7-311.
65          (5) "Business income" means the same as that term is defined in Section 59-7-302.
66          (6) "Captive insurance company" means the same as that term is defined in Section
67     31A-1-301.
68          (7) (a) "Captive real estate investment trust" means a real estate investment trust if:
69          (i) the shares or beneficial interests of the real estate investment trust are not regularly
70     traded on an established securities market; and
71          (ii) more than 50% of the voting power or value of the shares or beneficial interests of
72     the real estate investment trust are directly, indirectly, or constructively:
73          (A) owned by a controlling entity of the real estate investment trust; or
74          (B) controlled by a controlling entity of the real estate investment trust.
75          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
76     commission may make rules defining "established securities market."
77          (8) (a) "Common ownership" means the direct or indirect control or ownership of more
78     than 50% of the outstanding voting stock of:
79          (i) a parent-subsidiary controlled group as defined in Section 1563, Internal Revenue
80     Code, except that 50% shall be substituted for 80%;
81          (ii) a brother-sister controlled group as defined in Section 1563, Internal Revenue Code;
82     or
83          (iii) three or more corporations each of which is a member of a group of corporations
84     described in Subsection (2)(a)(i) or (ii), and one of which is:
85          (A) a common parent corporation included in a group of corporations described in
86     Subsection (2)(a)(i); and

87          (B) included in a group of corporations described in Subsection (2)(a)(ii).
88          (b) Ownership of outstanding voting stock shall be determined by Section 1563, Internal
89     Revenue Code.
90          (9) (a) "Controlling entity of a captive real estate investment trust" means an entity that:
91          (i) is treated as an association taxable as a corporation under the Internal Revenue Code;
92          (ii) is not exempt from federal income taxation under Section 501(a), Internal Revenue
93     Code; and
94          (iii) directly, indirectly, or constructively holds more than 50% of:
95          (A) the voting power of a captive real estate investment trust; or
96          (B) the value of the shares or beneficial interests of a captive real estate investment trust.
97          (b) "Controlling entity of a captive real estate investment trust" does not include:
98          (i) a real estate investment trust, except for a captive real estate investment trust;
99          (ii) a qualified real estate investment subsidiary described in Section 856(i), Internal
100     Revenue Code, except for a qualified real estate investment trust subsidiary of a captive real
101     estate investment trust; or
102          (iii) a foreign real estate investment trust.
103          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
104     commission may make rules defining "established securities market."
105          (10) "Corporate return" or "return" includes a combined report.
106          (11) "Corporation" includes:
107          (a) entities defined as corporations under Sections 7701(a) and 7704, Internal Revenue
108     Code; and
109          (b) other organizations that are taxed as corporations for federal income tax purposes
110     under the Internal Revenue Code.
111          (12) "COVID-19" means:
112          (a) the severe acute respiratory syndrome coronavirus 2; or
113          (b) the disease caused by severe acute respiratory syndrome coronavirus 2.
114          [(12)] (13) "Dividend" means any distribution, including money or other type of property,
115     made by a corporation to its shareholders out of its earnings or profits accumulated after
116     December 31, 1930.
117          [(13)] (14) (a) "Doing business" includes any transaction in the course of business by a

118     domestic corporation or by a foreign corporation qualified to do or doing business in this state.
119          (b) Except as provided in Subsection [(13)] (14)(c) or Subsection 59-7-102(3), "doing
120     business" includes:
121          (i) the right to do business through incorporation or qualification;
122          (ii) owning, renting, or leasing of real or personal property within this state;
123          (iii) the participation in joint ventures, working and operating agreements, the performance
124     of which takes place in this state;
125          (iv) selling or performing a service in this state; and
126          (v) earning income from the use of intangible property in this state.
127          (c) "Doing business" does not include the business activity of a corporation if the
128     corporation's only business activity within the state is the solicitation of orders for sales of tangible
129     personal property that are protected under 15 U.S.C. Secs. 381 through 384.
130          [(14)] (15) "Domestic corporation" means a corporation that is incorporated or organized
131     under the laws of this state.
132          [(15)] (16) "Exercising a corporate franchise" does not include the business activity of a
133     corporation if the corporation's only business activity within the state is the solicitation of orders
134     for sales of tangible personal property that are protected under 15 U.S.C. Secs. 381 through 384.
135          [(16)] (17) (a) "Farmers' cooperative" means an association, corporation, or other
136     organization that is:
137          (i) (A) an association, corporation, or other organization of farmers or fruit growers; or
138          (B) an association, corporation, or other organization that is similar to an association,
139     corporation, or organization described in Subsection [(16)] (17)(a)(i)(A); and
140          (ii) organized and operated on a cooperative basis to:
141          (A) (I) market the products of members of the cooperative or the products of other
142     producers; and
143          (II) return to the members of the cooperative or other producers the proceeds of sales
144     less necessary marketing expenses on the basis of the quantity of the products of a member or
145     producer or the value of the products of a member or producer; or
146          (B) (I) purchase supplies and equipment for the use of members of the cooperative or
147     other persons; and
148          (II) turn over the supplies and equipment described in Subsection [(16)] (17)(a)(ii)(B)(I)

149     at actual costs plus necessary expenses to the members of the cooperative or other persons.
150          (b) (i) Subject to Subsection [(16)] (17)(b)(ii), for purposes of this Subsection [(16)] (17),
151     the commission by rule, made in accordance with Title 63G, Chapter 3, Utah Administrative
152     Rulemaking Act, shall define:
153          (A) the terms "member" and "producer"; and
154          (B) what constitutes an association, corporation, or other organization that is similar to an
155     association, corporation, or organization described in Subsection [(16)] (17)(a)(i)(A).
156          (ii) The rules made under this Subsection [(16)] (17)(b) shall be consistent with the filing
157     requirements under federal law for a farmers' cooperative.
158          [(17)] (18) "Foreign corporation" means a corporation that is not incorporated or
159     organized under the laws of this state.
160          [(18)] (19) (a) "Foreign operating company" means a corporation that:
161          (i) is incorporated in the United States;
162          (ii) conducts at least 80% of the corporation's business activity, as determined under
163     Section 59-7-401, outside the United States; and
164          (iii) as calculated in accordance with Part 3, Allocation and Apportionment of Income -
165     Utah UDITPA Provisions, has:
166          (A) at least $1,000,000 of payroll located outside the United States; and
167          (B) at least $2,000,000 of property located outside the United States.
168          (b) "Foreign operating company" does not include a corporation that qualifies for the
169     Puerto Rico and possession tax credit as provided in Section 936, Internal Revenue Code.
170          [(19)] (20) (a) "Foreign real estate investment trust" means:
171          (i) a business entity organized outside the laws of the United States if:
172          (A) at least 75% of the business entity's total asset value at the close of the business
173     entity's taxable year is represented by:
174          (I) real estate assets, as defined in Section 856(c)(5)(B), Internal Revenue Code;
175          (II) cash or cash equivalents; or
176          (III) one or more securities issued or guaranteed by the United States;
177          (B) the business entity is:
178          (I) not subject to income taxation:
179          (Aa) on amounts distributed to the business entity's beneficial owners; and

180          (Bb) in the jurisdiction in which the business entity is organized; or
181          (II) exempt from income taxation on an entity level in the jurisdiction in which the
182     business entity is organized;
183          (C) the business entity distributes at least 85% of the business entity's taxable income, as
184     computed in the jurisdiction in which the business entity is organized, to the holders of the business
185     entity's:
186          (I) shares or beneficial interests; and
187          (II) on an annual basis;
188          (D) (I) not more than 10% of the following is held directly, indirectly, or constructively by
189     a single person:
190          (Aa) the voting power of the business entity; or
191          (Bb) the value of the shares or beneficial interests of the business entity; or
192          (II) the shares of the business entity are regularly traded on an established securities
193     market; and
194          (E) the business entity is organized in a country that has a tax treaty with the United
195     States; or
196          (ii) a listed Australian property trust.
197          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
198     commission may make rules defining:
199          (i) "cash or cash equivalents";
200          (ii) "established securities market"; or
201          (iii) "listed Australian property trust."
202          [(20)] (21) "Income" includes losses.
203          [(21)] (22) "Internal Revenue Code" means Title 26 of the United States Code as
204     effective during the year in which Utah taxable income is determined.
205          [(22)] (23) "Nonbusiness income" means the same as that term is defined in Section
206     59-7-302.
207          [(23)] (24) "Real estate investment trust" means the same as that term is defined in
208     Section 856, Internal Revenue Code.
209          [(24)] (25) "Related expenses" means:
210          (a) expenses directly attributable to nonbusiness income; and

211          (b) the portion of interest or other expense indirectly attributable to both nonbusiness and
212     business income that bears the same ratio to the aggregate amount of such interest or other
213     expense, determined without regard to this Subsection [(24)] (25), as the average amount of the
214     asset producing the nonbusiness income bears to the average amount of all assets of the taxpayer
215     within the taxable year.
216          [(25)] (26) "S corporation" means an S corporation as defined in Section 1361, Internal
217     Revenue Code.
218          [(26)] (27) "Safe harbor lease" means a lease that qualified as a safe harbor lease under
219     Section 168, Internal Revenue Code.
220          [(27)] (28) "State of the United States" includes any of the 50 states or the District of
221     Columbia.
222          [(28)] (29) (a) "Taxable year" means the calendar year or the fiscal year ending during
223     such calendar year upon the basis of which the adjusted income is computed.
224          (b) In the case of a return made for a fractional part of a year under this chapter or under
225     rules prescribed by the commission, "taxable year" includes the period for which such return is
226     made.
227          [(29)] (30) "Taxpayer" means any corporation subject to the tax imposed by this chapter.
228          [(30)] (31) "Threshold level of business activity" means business activity in the United
229     States equal to or greater than 20% of the corporation's total business activity as determined
230     under Section 59-7-401.
231          [(31)] (32) (a) "Unadjusted income" means federal taxable income as determined on a
232     separate return basis before intercompany eliminations as determined by the Internal Revenue
233     Code, before the net operating loss deduction and special deductions for dividends received.
234          (b) "Unadjusted income" includes deferred foreign income described in Section 965(a),
235     Internal Revenue Code.
236          (c) "Unadjusted income" does not include income received from:
237          (i) a loan forgiven in accordance with 15 U.S.C. Sec. 636(a)(36), to the extent that a
238     deduction for the expenditures paid with the loan is disallowed; or
239          (ii) a similar paycheck protection loan that is:
240          (A) authorized by the federal government;
241          (B) provided in response to COVID-19;

242          (C) forgiven if the borrower meets the expenditure requirements; and
243          (D) exempt from federal income tax, to the extent that a deduction for the expenditures
244     paid with the loan is disallowed.
245          [(32)] (33) (a) "Unitary group" means a group of corporations that:
246          (i) are related through common ownership; and
247          (ii) by a preponderance of the evidence as determined by a court of competent
248     jurisdiction or the commission, are economically interdependent with one another as demonstrated
249     by the following factors:
250          (A) centralized management;
251          (B) functional integration; and
252          (C) economies of scale.
253          (b) "Unitary group" includes a captive real estate investment trust.
254          (c) "Unitary group" does not include an S corporation.
255          [(33)] (34) "United States" includes the 50 states and the District of Columbia.
256          [(34)] (35) "Utah net loss" means the current year Utah taxable income before Utah net
257     loss deduction, if determined to be less than zero.
258          [(35)] (36) "Utah net loss deduction" means the amount of Utah net losses from other
259     taxable years that a taxpayer may carry forward to the current taxable year in accordance with
260     Section 59-7-110.
261          [(36)] (37) (a) "Utah taxable income" means Utah taxable income before net loss
262     deduction less Utah net loss deduction.
263          (b) "Utah taxable income" includes income from tangible or intangible property located or
264     having situs in this state, regardless of whether carried on in intrastate, interstate, or foreign
265     commerce.
266          [(37)] (38) "Utah taxable income before net loss deduction" means apportioned income
267     plus nonbusiness income allocable to Utah net of related expenses.
268          [(38)] (39) (a) "Water's edge combined report" means a report combining the income and
269     activities of:
270          (i) all members of a unitary group that are:
271          (A) corporations organized or incorporated in the United States, including those
272     corporations qualifying for the Puerto Rico and Possession Tax Credit as provided in Section 936,

273     Internal Revenue Code, in accordance with Subsection [(38)] (39)(b); and
274          (B) corporations organized or incorporated outside of the United States meeting the
275     threshold level of business activity; and
276          (ii) an affiliated group electing to file a water's edge combined report under Subsection
277     59-7-402(2).
278          (b) There is a rebuttable presumption that a corporation which qualifies for the Puerto
279     Rico and possession tax credit provided in Section 936, Internal Revenue Code, is part of a unitary
280     group.
281          [(39)] (40) "Worldwide combined report" means the combination of the income and
282     activities of all members of a unitary group irrespective of the country in which the corporations
283     are incorporated or conduct business activity.
284          Section 2. Section 59-7-106 is amended to read:
285          59-7-106. Subtractions from unadjusted income.
286          (1) In computing adjusted income, the following amounts shall be subtracted from
287     unadjusted income:
288          (a) the foreign dividend gross-up included in gross income for federal income tax
289     purposes under Section 78, Internal Revenue Code;
290          (b) subject to Subsection (2), the net capital loss, as defined for federal purposes, if the
291     taxpayer elects to deduct the net capital loss on the return filed under this chapter for the taxable
292     year for which the net capital loss is incurred;
293          (c) the decrease in salary expense deduction for federal income tax purposes due to
294     claiming the federal work opportunity credit under Section 51, Internal Revenue Code;
295          (d) the decrease in qualified research and basic research expense deduction for federal
296     income tax purposes due to claiming the federal credit for increasing research activities under
297     Section 41, Internal Revenue Code;
298          (e) the decrease in qualified clinical testing expense deduction for federal income tax
299     purposes due to claiming the federal credit for clinical testing expenses for certain drugs for rare
300     diseases or conditions under Section 45C, Internal Revenue Code;
301          (f) any decrease in any expense deduction for federal income tax purposes due to
302     claiming any other federal credit;
303          (g) the safe harbor lease adjustment required under Subsections 59-7-111(1)(b) and

304     (2)(b);
305          (h) any income on the federal corporation income tax return that has been previously
306     taxed by Utah;
307          (i) an amount included in federal taxable income that is due to a refund of a tax, including
308     a franchise tax, an income tax, a corporate stock and business tax, or an occupation tax:
309          (i) if that tax is imposed for the privilege of:
310          (A) doing business; or
311          (B) exercising a corporate franchise;
312          (ii) if that tax is paid by the corporation to:
313          (A) Utah;
314          (B) another state of the United States;
315          (C) a foreign country;
316          (D) a United States possession; or
317          (E) the Commonwealth of Puerto Rico; and
318          (iii) to the extent that tax was added to unadjusted income under Section 59-7-105;
319          (j) a charitable contribution, to the extent the charitable contribution is allowed as a
320     subtraction under Section 59-7-109;
321          (k) subject to Subsection (3), 50% of a dividend considered to be received or received
322     from a subsidiary that:
323          (i) is a member of the unitary group;
324          (ii) is organized or incorporated outside of the United States; and
325          (iii) is not included in a combined report under Section 59-7-402 or 59-7-403;
326          (l) subject to Subsection (4) and Section 59-7-401, 50% of the adjusted income of a
327     foreign operating company;
328          (m) the amount of gain or loss that is included in unadjusted income but not recognized for
329     federal purposes on stock sold or exchanged by a member of a selling consolidated group as
330     defined in Section 338, Internal Revenue Code, if an election has been made in accordance with
331     Section 338(h)(10), Internal Revenue Code;
332          (n) the amount of gain or loss that is included in unadjusted income but not recognized for
333     federal purposes on stock sold, exchanged, or distributed by a corporation in accordance with
334     Section 336(e), Internal Revenue Code, if an election under Section 336(e), Internal Revenue

335     Code, has been made for federal purposes;
336          (o) subject to Subsection (5), an adjustment to the following due to a difference between
337     basis for federal purposes and basis as computed under Section 59-7-107:
338          (i) an amortization expense;
339          (ii) a depreciation expense;
340          (iii) a gain;
341          (iv) a loss; or
342          (v) an item similar to Subsections (1)(o)(i) through (iv);
343          (p) an interest expense that is not deducted on a federal corporation income tax return
344     under Section 265(b) or 291(e), Internal Revenue Code;
345          (q) 100% of dividends received from a subsidiary that is an insurance company if that
346     subsidiary that is an insurance company is:
347          (i) exempt from this chapter under Subsection 59-7-102(1)(c); and
348          (ii) under common ownership;
349          (r) subject to Subsection 59-7-105(10), for a corporation that is an account owner as
350     defined in Section 53B-8a-102, the amount of a qualified investment as defined in Section
351     53B-8a-102.5:
352          (i) that the corporation or a person other than the corporation makes into an account
353     owned by the corporation during the taxable year;
354          (ii) to the extent that neither the corporation nor the person other than the corporation
355     described in Subsection (1)(r)(i) deducts the qualified investment on a federal income tax return;
356     and
357          (iii) to the extent the qualified investment does not exceed the maximum amount of the
358     qualified investment that may be subtracted from unadjusted income for a taxable year in
359     accordance with Subsection 53B-8a-106(1);
360          (s) for a corporation that makes a donation, as that term is defined in Section 53B-8a-201,
361     to the Student Prosperity Savings Program created in Section 53B-8a-202, the amount of the
362     donation to the extent that the corporation did not deduct the donation on a federal income tax
363     return;
364          (t) for purposes of income included in a combined report under Part 4, Combined
365     Reporting, the entire amount of the dividends a member of a unitary group receives or is

366     considered to receive from a captive real estate investment trust;
367          (u) the increase in income for federal income tax purposes due to claiming a:
368          (i) qualified tax credit bond credit under Section 54A, Internal Revenue Code; or
369          (ii) qualified zone academy bond under Section 1397E, Internal Revenue Code;
370          (v) for a taxable year beginning on or after January 1, 2019, but beginning on or before
371     December 31, 2019, only:
372          (i) the amount of any FDIC premium paid or incurred by the taxpayer that is disallowed
373     as a deduction for federal income tax purposes under Section 162(r), Internal Revenue Code, on
374     the taxpayer's 2018 federal income tax return; plus
375          (ii) the amount of any FDIC premium paid or incurred by the taxpayer that is disallowed
376     as a deduction for federal income tax purposes under Section 162(r), Internal Revenue Code, for
377     the taxable year;
378          (w) for a taxable year beginning on or after January 1, 2020, the amount of any FDIC
379     premium paid or incurred by the taxpayer that is disallowed as a deduction for federal income tax
380     purposes under Section 162(r), Internal Revenue Code, for the taxable year; and
381          (x) for a taxable year beginning on or after January 1, 2020, but beginning on or before
382     December 31, 2020, the amount of:
383          (i) a paycheck protection loan similar to a loan forgiven in accordance with 15 U.S.C.
384     Sec. 636(a)(36) that is:
385          (A) authorized by the federal government;
386          (B) provided in response to COVID-19;
387          (C) forgiven if the borrower meets the expenditure requirements; and
388          (D) subject to federal income tax, to the extent that a deduction for the expenditures paid
389     with the loan is disallowed; and
390          (ii) any grant funds [the taxpayer receives under Title 9, Chapter 6, Part 9, COVID-19
391     Cultural Assistance Grant Program, Subsection 63N-12-508(3), or Title 63N, Chapter 15,
392     COVID-19 Economic Recovery Programs, to the extent that the grant funds are included in
393     unadjusted income] or forgiven loans that:
394          (A) the taxpayer receives from the state, a county within the state, or a municipality
395     within the state in response to COVID-19;
396          (B) are funded using federal revenue received by the state, the county, or the municipality

397     to respond to COVID-19; and
398          (C) are included in unadjusted income.
399          (2) For purposes of Subsection (1)(b):
400          (a) the subtraction shall be made by claiming the subtraction on a return filed:
401          (i) under this chapter for the taxable year for which the net capital loss is incurred; and
402          (ii) by the due date of the return, including extensions; and
403          (b) a net capital loss for a taxable year shall be:
404          (i) subtracted for the taxable year for which the net capital loss is incurred; or
405          (ii) carried forward as provided in Sections 1212(a)(1)(B) and (C), Internal Revenue
406     Code.
407          (3) (a) For purposes of calculating the subtraction provided for in Subsection (1)(k), a
408     taxpayer shall first subtract from a dividend considered to be received or received an expense
409     directly attributable to that dividend.
410          (b) For purposes of Subsection (3)(a), the amount of an interest expense that is
411     considered to be directly attributable to a dividend is calculated by multiplying the interest expense
412     by a fraction:
413          (i) the numerator of which is the taxpayer's average investment in the dividend paying
414     subsidiaries; and
415          (ii) the denominator of which is the taxpayer's average total investment in assets.
416          (c) (i) For purposes of calculating the subtraction allowed by Subsection (1)(k), in
417     determining income apportionable to this state, a portion of the factors of a foreign subsidiary that
418     has dividends that are partially subtracted under Subsection (1)(k) shall be included in the
419     combined report factors as provided in this Subsection (3)(c).
420          (ii) For purposes of Subsection (3)(c)(i), the portion of the factors of a foreign subsidiary
421     that has dividends that are partially subtracted under Subsection (1)(k) that shall be included in the
422     combined report factors is calculated by multiplying each factor of the foreign subsidiary by a
423     fraction:
424          (A) not to exceed 100%; and
425          (B) (I) the numerator of which is the amount of the dividend paid by the foreign
426     subsidiary that is included in adjusted income; and
427          (II) the denominator of which is the current year earnings and profits of the foreign

428     subsidiary as determined under the Internal Revenue Code.
429          (4) (a) For purposes of Subsection (1)(l), a taxpayer may not make a subtraction under
430     Subsection (1)(l):
431          (i) if the taxpayer elects to file a worldwide combined report as provided in Section
432     59-7-403; or
433          (ii) for the following:
434          (A) income generated from intangible property; or
435          (B) a capital gain, dividend, interest, rent, royalty, or other similar item that is generated
436     from an asset held for investment and not from a regular business trading activity.
437          (b) In calculating the subtraction provided for in Subsection (1)(l), a foreign operating
438     company:
439          (i) may not subtract an amount provided for in Subsection (1)(k) or (l); and
440          (ii) prior to determining the subtraction under Subsection (1)(l), shall eliminate a
441     transaction that occurs between members of a unitary group.
442          (c) For purposes of the subtraction provided for in Subsection (1)(l), in determining
443     income apportionable to this state, the factors for a foreign operating company shall be included in
444     the combined report factors in the same percentages as the foreign operating company's adjusted
445     income is included in the combined adjusted income.
446          (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
447     commission may by rule define what constitutes:
448          (i) income generated from intangible property; or
449          (ii) a capital gain, dividend, interest, rent, royalty, or other similar item that is generated
450     from an asset held for investment and not from a regular business trading activity.
451          (5) (a) For purposes of the subtraction provided for in Subsection (1)(o), the amount of a
452     reduction in basis shall be allowed as an expense for the taxable year in which a federal tax credit
453     is claimed if:
454          (i) there is a reduction in federal basis for a federal tax credit; and
455          (ii) there is no corresponding tax credit allowed in this state.
456          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
457     commission may by rule define what constitutes an item similar to Subsections (1)(o)(i) through
458     (iv).

459          Section 3. Section 59-7-402 is amended to read:
460          59-7-402. Water's edge combined report.
461          (1) Except as provided in Section 59-7-403, if any corporation listed in Subsection
462     59-7-101[(38)](39)(a) is doing business in Utah, the unitary group shall file a water's edge
463     combined report.
464          (2) (a) A group of corporations that are not otherwise a unitary group may elect to file a
465     water's edge combined report if each member of the group is:
466          (i) doing business in Utah;
467          (ii) part of the same affiliated group; and
468          (iii) qualified, under Section 1501, Internal Revenue Code, to file a federal consolidated
469     return.
470          (b) Each corporation within the affiliated group that is doing business in Utah must
471     consent to filing a combined report. If an affiliated group elects to file a combined report, each
472     corporation within the affiliated group that is doing business in Utah must file a combined report.
473          (c) Corporations that elect to file a water's edge combined report under this section may
474     not thereafter elect to file a separate return without the consent of the commission.
475          Section 4. Section 59-10-103 is amended to read:
476          59-10-103. Definitions.
477          (1) As used in this chapter:
478          (a) (i) "Adjusted gross income":
479          [(i)] (A) for a resident or nonresident individual, [is as defined] means the same as that
480     term is defined in Section 62, Internal Revenue Code; or
481          [(ii)] (B) for a resident or nonresident estate or trust, is as calculated in Section 67(e),
482     Internal Revenue Code.
483          (ii) "Adjusted gross income" does not include:
484          (A) income received from a loan forgiven in accordance with 15 U.S.C. Sec. 636(a) (36),
485     to the extent that a deduction for the expenditures paid with the loan is disallowed, or a similar
486     paycheck protection loan that is authorized by the federal government, provided in response to
487     COVID-19, forgiven if the borrower meets the expenditure requirements, and exempt from
488     federal income tax, to the extent that a deduction for the expenditures paid with the loan is

489     disallowed; or
490          (B) an amount that an individual receives in accordance with Section 6428, Internal
491     Revenue Code, or an amount that an individual receives that is authorized by the federal
492     government as a tax credit for the 2020 tax year, provided in response to COVID-19, paid in
493     advance of the filing of the individual's 2020 federal income tax return, and exempt from federal
494     income tax.
495          (b) "Corporation" includes:
496          (i) an association;
497          (ii) a joint stock company; and
498          (iii) an insurance company.
499          (c) "COVID 19" means:
500          (i) the severe acute respiratory syndrome coronavirus 2; or
501          (ii) the disease caused by severe acute respiratory syndrome coronavirus 2.
502          [(c)] (d) "Distributable net income" [is as defined] means the same as that term is defined
503     in Section 643, Internal Revenue Code.
504          [(d)] (e) "Employee" [is as defined] means the same as that term is defined in Section
505     59-10-401.
506          [(e)] (f) "Employer" [is as defined] means the same as that term is defined in Section
507     59-10-401.
508          [(f)] (g) "Federal taxable income":
509          (i) for a resident or nonresident individual, means taxable income as defined by Section
510     63, Internal Revenue Code; or
511          (ii) for a resident or nonresident estate or trust, is as calculated in Section 641(a) and (b),
512     Internal Revenue Code.
513          [(g)] (h) "Fiduciary" means:
514          (i) a guardian;
515          (ii) a trustee;
516          (iii) an executor;
517          (iv) an administrator;
518          (v) a receiver;
519          (vi) a conservator; or

520          (vii) any person acting in any fiduciary capacity for any individual.
521          [(h)] (i) "Guaranteed annuity interest" [is as defined] means the same as that term is
522     defined in 26 C.F.R. Sec. 1.170A-6(c)(2).
523          [(i)] (j) "Homesteaded land diminished from the Uintah and Ouray Reservation" means
524     the homesteaded land that was held to have been diminished from the Uintah and Ouray
525     Reservation in Hagen v. Utah, 510 U.S. 399 (1994).
526          [(j)] (k) "Individual" means a natural person and includes aliens and minors.
527          [(k)] (l) "Irrevocable trust" means a trust in which the settlor may not revoke or terminate
528     all or part of the trust without the consent of a person who has a substantial beneficial interest in
529     the trust and the interest would be adversely affected by the exercise of the settlor's power to
530     revoke or terminate all or part of the trust.
531          [(l)] (m) "Military service" [is as defined] means the same as that term is defined in Pub.
532     L. No. 108-189, Sec. 101.
533          [(m)] (n) "Nonresident individual" means an individual who is not a resident of this state.
534          [(n)] (o) "Nonresident trust" or "nonresident estate" means a trust or estate which is not a
535     resident estate or trust.
536          [(o)] (p) (i) "Partnership" includes a syndicate, group, pool, joint venture, or other
537     unincorporated organization:
538          (A) through or by means of which any business, financial operation, or venture is carried
539     on; and
540          (B) [which] that is not, within the meaning of this chapter[:], a trust, an estate, or a
541     corporation.
542          [(I) a trust;]
543          [(II) an estate; or]
544          [(III) a corporation.]
545          (ii) "Partnership" does not include any organization not included under the definition of
546     "partnership" in Section 761, Internal Revenue Code.
547          (iii) "Partner" includes a member in a syndicate, group, pool, joint venture, or organization
548     described in Subsection (1)[(o)](p)(i).
549          [(p)] (q) "Qualified nongrantor charitable lead trust" means a trust:
550          (i) that is irrevocable;

551          (ii) that has a trust term measured by:
552          (A) a fixed term of years; or
553          (B) the life of a person living on the day on which the trust is created;
554          (iii) under which:
555          (A) a portion of the value of the trust assets is distributed during the trust term:
556          (I) to an organization described in Section 170(c), Internal Revenue Code; and
557          (II) as a[:] guaranteed annuity interest or a unitrust interest; and
558          [(Aa) guaranteed annuity interest; or]
559          [(Bb) unitrust interest; and]
560          (B) assets remaining in the trust at the termination of the trust term are distributed to a
561     beneficiary:
562          (I) designated in the trust; and
563          (II) that is not an organization described in Section 170(c), Internal Revenue Code;
564          (iv) for which the trust is allowed a deduction under Section 642(c), Internal Revenue
565     Code; and
566          (v) under which the grantor of the trust is not treated as the owner of any portion of the
567     trust for federal income tax purposes.
568          [(q)] (r) "Resident individual" means an individual who is domiciled in this state for any
569     period of time during the taxable year, but only for the duration of the period during which the
570     individual is domiciled in this state.
571          [(r)] (s) "Resident estate" or "resident trust" [is as defined] means the same as that term
572     is defined in Section 75-7-103.
573          [(s)] (t) "Servicemember" [is as defined] means the same as that term is defined in Pub.
574     L. No. 108-189, Sec. 101.
575          [(t)] (u) "State income tax percentage for a nonresident estate or trust" means a
576     percentage equal to a nonresident estate's or trust's state taxable income for the taxable year
577     divided by the nonresident estate's or trust's total adjusted gross income for that taxable year after
578     making the adjustments required by:
579          (i) Section 59-10-202;
580          (ii) Section 59-10-207;
581          (iii) Section 59-10-209.1; or

582          (iv) Section 59-10-210.
583          [(u)] (v) "State income tax percentage for a nonresident individual" means a percentage
584     equal to a nonresident individual's state taxable income for the taxable year divided by the
585     difference between:
586          (i) subject to Section 59-10-1405, the nonresident individual's total adjusted gross income
587     for that taxable year, after making the:
588          (A) additions and subtractions required by Section 59-10-114; and
589          (B) adjustments required by Section 59-10-115; and
590          (ii) if the nonresident individual described in Subsection (1)[(u)](v)(i) is a servicemember,
591     the compensation the servicemember receives for military service if the servicemember is serving
592     in compliance with military orders.
593          [(v)] (w) "State income tax percentage for a part-year resident individual" means, for a
594     taxable year, a fraction:
595          (i) the numerator of which is the sum of:
596          (A) subject to Section 59-10-1404.5, for the time period during the taxable year that the
597     part-year resident individual is a resident, the part-year resident individual's total adjusted gross
598     income for that time period, after making the:
599          (I) additions and subtractions required by Section 59-10-114; and
600          (II) adjustments required by Section 59-10-115; and
601          (B) for the time period during the taxable year that the part-year resident individual is a
602     nonresident, an amount calculated by:
603          (I) determining the part-year resident individual's adjusted gross income for that time
604     period, after making the:
605          (Aa) additions and subtractions required by Section 59-10-114; and
606          (Bb) adjustments required by Section 59-10-115; and
607          (II) calculating the portion of the amount determined under Subsection
608     (1)[(v)](w)(i)(B)(I) that is derived from Utah sources in accordance with Section 59-10-117; and
609          (ii) the denominator of which is the difference between:
610          (A) the part-year resident individual's total adjusted gross income for that taxable year,
611     after making the:
612          (I) additions and subtractions required by Section 59-10-114; and

613          (II) adjustments required by Section 59-10-115; and
614          (B) if the part-year resident individual is a servicemember, any compensation the
615     servicemember receives for military service during the portion of the taxable year that the
616     servicemember is a nonresident if the servicemember is serving in compliance with military
617     orders.
618          [(w)] (x) "Taxable income" or "state taxable income":
619          (i) subject to Section 59-10-1404.5, for a resident individual, means the resident
620     individual's adjusted gross income after making the:
621          (A) additions and subtractions required by Section 59-10-114; and
622          (B) adjustments required by Section 59-10-115;
623          (ii) for a nonresident individual, is an amount calculated by:
624          (A) determining the nonresident individual's adjusted gross income for the taxable year,
625     after making the:
626          (I) additions and subtractions required by Section 59-10-114; and
627          (II) adjustments required by Section 59-10-115; and
628          (B) calculating the portion of the amount determined under Subsection (1)[(w)](x)(ii)(A)
629     that is derived from Utah sources in accordance with Section 59-10-117;
630          (iii) for a resident estate or trust, is as calculated under Section 59-10-201.1; and
631          (iv) for a nonresident estate or trust, is as calculated under Section 59-10-204.
632          [(x)] (y) "Taxpayer" means any individual, estate, trust, or beneficiary of an estate or
633     trust, that has income subject in whole or part to the tax imposed by this chapter.
634          [(y)] (z) "Trust term" means a time period:
635          (i) beginning on the day on which a qualified nongrantor charitable lead trust is created;
636     and
637          (ii) ending on the day on which the qualified nongrantor charitable lead trust described in
638     Subsection (1)[(y)](z)(i) terminates.
639          [(z)] (aa) "Uintah and Ouray Reservation" means the lands recognized as being included
640     within the Uintah and Ouray Reservation in:
641          (i) Hagen v. Utah, 510 U.S. 399 (1994); and
642          (ii) Ute Indian Tribe v. Utah, 114 F.3d 1513 (10th Cir. 1997).
643          [(aa)] (bb) "Unadjusted income" means an amount equal to the difference between:

644          (i) the total income required to be reported by a resident or nonresident estate or trust on
645     the resident or nonresident estate's or trust's federal income tax return for estates and trusts for
646     the taxable year; and
647          (ii) the sum of the following:
648          (A) fees paid or incurred to the fiduciary of a resident or nonresident estate or trust:
649          (I) for administering the resident or nonresident estate or trust; and
650          (II) that the resident or nonresident estate or trust deducts as allowed on the resident or
651     nonresident estate's or trust's federal income tax return for estates and trusts for the taxable year;
652          (B) the income distribution deduction that a resident or nonresident estate or trust deducts
653     under Section 651 or 661, Internal Revenue Code, as allowed on the resident or nonresident
654     estate's or trust's federal income tax return for estates and trusts for the taxable year;
655          (C) the amount that a resident or nonresident estate or trust deducts as a deduction for
656     estate tax or generation skipping transfer tax under Section 691(c), Internal Revenue Code, as
657     allowed on the resident or nonresident estate's or trust's federal income tax return for estates and
658     trusts for the taxable year; and
659          (D) the amount that a resident or nonresident estate or trust deducts as a personal
660     exemption under Section 642(b), Internal Revenue Code, as allowed on the resident or
661     nonresident estate's or trust's federal income tax return for estates and trusts for the taxable year.
662          [(bb)] (cc) "Unitrust interest" [is as defined] means the same as that term is defined in 26
663     C.F.R. Sec. 1.170A-6(c)(2).
664          [(cc)] (dd) "Ute tribal member" means [a person] an individual who is enrolled as a
665     member of the Ute Indian Tribe of the Uintah and Ouray Reservation.
666          [(dd)] (ee) "Ute tribe" means the Ute Indian Tribe of the Uintah and Ouray Reservation.
667          [(ee)] (ff) "Wages" [is as defined] means the same as that term is defined in Section
668     59-10-401.
669          (2) (a) Any term used in this chapter has the same meaning as when used in comparable
670     context in the laws of the United States relating to federal income taxes unless a different
671     meaning is clearly required.
672          (b) Any reference to the Internal Revenue Code or to the laws of the United States shall
673     mean the Internal Revenue Code or other provisions of the laws of the United States relating to
674     federal income taxes that are in effect for the taxable year.

675          (c) Any reference to a specific section of the Internal Revenue Code or other provision
676     of the laws of the United States relating to federal income taxes shall include any corresponding
677     or comparable provisions of the Internal Revenue Code as amended, redesignated, or reenacted.
678          Section 5. Section 59-10-114 is amended to read:
679          59-10-114. Additions to and subtractions from adjusted gross income of an
680     individual.
681          (1) There shall be added to adjusted gross income of a resident or nonresident individual:
682          (a) a lump sum distribution that the taxpayer does not include in adjusted gross income on
683     the taxpayer's federal individual income tax return for the taxable year;
684          (b) the amount of a child's income calculated under Subsection (4) that:
685          (i) a parent elects to report on the parent's federal individual income tax return for the
686     taxable year; and
687          (ii) the parent does not include in adjusted gross income on the parent's federal individual
688     income tax return for the taxable year;
689          (c) (i) a withdrawal from a medical care savings account and any penalty imposed for the
690     taxable year if:
691          (A) the resident or nonresident individual does not deduct the amounts on the resident or
692     nonresident individual's federal individual income tax return under Section 220, Internal Revenue
693     Code;
694          (B) the withdrawal is subject to Subsections 31A-32a-105(1) and (2); and
695          (C) the withdrawal is subtracted on, or used as the basis for claiming a tax credit on, a
696     return the resident or nonresident individual files under this chapter;
697          (ii) a disbursement required to be added to adjusted gross income in accordance with
698     Subsection 31A-32a-105(3); or
699          (iii) an amount required to be added to adjusted gross income in accordance with
700     Subsection 31A-32a-105(5)(c);
701          (d) the amount withdrawn under Title 53B, Chapter 8a, Utah Educational Savings Plan,
702     from the account of a resident or nonresident individual who is an account owner as defined in
703     Section 53B-8a-102, for the taxable year for which the amount is withdrawn, if that amount
704     withdrawn from the account of the resident or nonresident individual who is the account owner:
705          (i) is not expended for:

706          (A) higher education costs as defined in Section 53B-8a-102.5; or
707          (B) a payment or distribution that qualifies as an exception to the additional tax for
708     distributions not used for educational expenses provided in Sections 529(c) and 530(d), Internal
709     Revenue Code; and
710          (ii) is:
711          (A) subtracted by the resident or nonresident individual:
712          (I) who is the account owner; and
713          (II) on the resident or nonresident individual's return filed under this chapter for a taxable
714     year beginning on or before December 31, 2007; or
715          (B) used as the basis for the resident or nonresident individual who is the account owner
716     to claim a tax credit under Section 59-10-1017;
717          (e) except as provided in Subsection (5), for bonds, notes, and other evidences of
718     indebtedness acquired on or after January 1, 2003, the interest from bonds, notes, and other
719     evidences of indebtedness:
720          (i) issued by one or more of the following entities:
721          (A) a state other than this state;
722          (B) the District of Columbia;
723          (C) a political subdivision of a state other than this state; or
724          (D) an agency or instrumentality of an entity described in Subsections (1)(e)(i)(A)
725     through (C); and
726          (ii) to the extent the interest is not included in adjusted gross income on the taxpayer's
727     federal income tax return for the taxable year;
728          (f) subject to Subsection (2)(c), any distribution received by a resident beneficiary of a
729     resident trust of income that was taxed at the trust level for federal tax purposes, but was
730     subtracted from state taxable income of the trust pursuant to Subsection 59-10-202(2)(b);
731          (g) any distribution received by a resident beneficiary of a nonresident trust of
732     undistributed distributable net income realized by the trust on or after January 1, 2004, if that
733     undistributed distributable net income was taxed at the trust level for federal tax purposes, but
734     was not taxed at the trust level by any state, with undistributed distributable net income considered
735     to be distributed from the most recently accumulated undistributed distributable net income; and
736          (h) any adoption expense:

737          (i) for which a resident or nonresident individual receives reimbursement from another
738     person; and
739          (ii) to the extent to which the resident or nonresident individual subtracts that adoption
740     expense:
741          (A) on a return filed under this chapter for a taxable year beginning on or before
742     December 31, 2007; or
743          (B) from federal taxable income on a federal individual income tax return.
744          (2) There shall be subtracted from adjusted gross income of a resident or nonresident
745     individual:
746          (a) the difference between:
747          (i) the interest or a dividend on an obligation or security of the United States or an
748     authority, commission, instrumentality, or possession of the United States, to the extent that
749     interest or dividend is:
750          (A) included in adjusted gross income for federal income tax purposes for the taxable
751     year; and
752          (B) exempt from state income taxes under the laws of the United States; and
753          (ii) any interest on indebtedness incurred or continued to purchase or carry the obligation
754     or security described in Subsection (2)(a)(i);
755          (b) for taxable years beginning on or after January 1, 2000, if the conditions of Subsection
756     (3)(a) are met, the amount of income derived by a Ute tribal member:
757          (i) during a time period that the Ute tribal member resides on homesteaded land
758     diminished from the Uintah and Ouray Reservation; and
759          (ii) from a source within the Uintah and Ouray Reservation;
760          (c) an amount received by a resident or nonresident individual or distribution received by
761     a resident or nonresident beneficiary of a resident trust:
762          (i) if that amount or distribution constitutes a refund of taxes imposed by:
763          (A) a state; or
764          (B) the District of Columbia; and
765          (ii) to the extent that amount or distribution is included in adjusted gross income for that
766     taxable year on the federal individual income tax return of the resident or nonresident individual or
767     resident or nonresident beneficiary of a resident trust;

768          (d) the amount of a railroad retirement benefit:
769          (i) paid:
770          (A) in accordance with The Railroad Retirement Act of 1974, 45 U.S.C. Sec. 231 et
771     seq.;
772          (B) to a resident or nonresident individual; and
773          (C) for the taxable year; and
774          (ii) to the extent that railroad retirement benefit is included in adjusted gross income on
775     that resident or nonresident individual's federal individual income tax return for that taxable year;
776          (e) an amount:
777          (i) received by an enrolled member of an American Indian tribe; and
778          (ii) to the extent that the state is not authorized or permitted to impose a tax under this
779     part on that amount in accordance with:
780          (A) federal law;
781          (B) a treaty; or
782          (C) a final decision issued by a court of competent jurisdiction;
783          (f) an amount received:
784          (i) for the interest on a bond, note, or other obligation issued by an entity for which state
785     statute provides an exemption of interest on its bonds from state individual income tax;
786          (ii) by a resident or nonresident individual;
787          (iii) for the taxable year; and
788          (iv) to the extent the amount is included in adjusted gross income on the taxpayer's
789     federal income tax return for the taxable year;
790          (g) the amount of all income, including income apportioned to another state, of a
791     nonmilitary spouse of an active duty military member if:
792          (i) both the nonmilitary spouse and the active duty military member are nonresident
793     individuals;
794          (ii) the active duty military member is stationed in Utah;
795          (iii) the nonmilitary spouse is subject to the residency provisions of 50 U.S.C. Sec.
796     4001(a)(2); and
797          (iv) the income is included in adjusted gross income for federal income tax purposes for
798     the taxable year;

799          (h) for a taxable year beginning on or after January 1, 2019, but beginning on or before
800     December 31, 2019, only:
801          (i) the amount of any FDIC premium paid or incurred by the taxpayer that is disallowed
802     as a deduction for federal income tax purposes under Section 162(r), Internal Revenue Code, on
803     the taxpayer's 2018 federal income tax return; plus
804          (ii) the amount of any FDIC premium paid or incurred by the taxpayer that is disallowed
805     as a deduction for federal income tax purposes under Section 162(r), Internal Revenue Code, for
806     the taxable year;
807          (i) for a taxable year beginning on or after January 1, 2020, the amount of any FDIC
808     premium paid or incurred by the taxpayer that is disallowed as a deduction for federal income tax
809     purposes under Section 162(r), Internal Revenue Code, for the taxable year; and
810          (j) for a taxable year beginning on or after January 1, 2020, but beginning on or before
811     December 31, 2020, the amount [of]:
812          (i) of a paycheck protection loan similar to a loan forgiven in accordance with 15 U.S.C.
813     Sec. 636(a)(36) that is:
814          (A) authorized by the federal government;
815          (B) provided in response to COVID-19;
816          (C) forgiven if the borrower meets the expenditure requirements; and
817          (D) subject to federal income tax, to the extent that a deduction for the expenditures paid
818     with the loan is disallowed;
819          (ii) that a resident or a nonresident individual receives that is:
820          (A) authorized by the federal government as a tax credit for the 2020 tax year;
821          (B) provided in response to COVID-19;
822          (C) paid in advance of the filing of the individual's 2020 federal income tax return; and
823          (D) subject to federal income tax; and
824          (iii) of any grant funds [the resident or nonresident individual receives under Title 9,
825     Chapter 6, Part 9, COVID-19 Cultural Assistance Grant Program, Subsection 63N-12-508(3), or
826     Title 63N, Chapter 15, COVID-19 Economic Recovery Programs, to the extent that the grant
827     funds are included in adjusted gross income] or forgiven loans that:
828          (A) the resident or nonresident individual receives from the state, a county within the
829     state, or a municipality within the state in response to COVID-19;

830          (B) are funded by using federal revenue received by the state, the county, or the
831     municipality to respond to COVID-19; and
832          (C) are included in adjusted gross income.
833          (3) (a) A subtraction for an amount described in Subsection (2)(b) is allowed only if:
834          (i) the taxpayer is a Ute tribal member; and
835          (ii) the governor and the Ute tribe execute and maintain an agreement meeting the
836     requirements of this Subsection (3).
837          (b) The agreement described in Subsection (3)(a):
838          (i) may not:
839          (A) authorize the state to impose a tax in addition to a tax imposed under this chapter;
840          (B) provide a subtraction under this section greater than or different from the subtraction
841     described in Subsection (2)(b); or
842          (C) affect the power of the state to establish rates of taxation; and
843          (ii) shall:
844          (A) provide for the implementation of the subtraction described in Subsection (2)(b);
845          (B) be in writing;
846          (C) be signed by:
847          (I) the governor; and
848          (II) the chair of the Business Committee of the Ute tribe;
849          (D) be conditioned on obtaining any approval required by federal law; and
850          (E) state the effective date of the agreement.
851          (c) (i) The governor shall report to the commission by no later than February 1 of each
852     year regarding whether or not an agreement meeting the requirements of this Subsection (3) is in
853     effect.
854          (ii) If an agreement meeting the requirements of this Subsection (3) is terminated, the
855     subtraction permitted under Subsection (2)(b) is not allowed for taxable years beginning on or
856     after the January 1 following the termination of the agreement.
857          (d) For purposes of Subsection (2)(b) and in accordance with Title 63G, Chapter 3, Utah
858     Administrative Rulemaking Act, the commission may make rules:
859          (i) for determining whether income is derived from a source within the Uintah and Ouray
860     Reservation; and

861          (ii) that are substantially similar to how adjusted gross income derived from Utah sources
862     is determined under Section 59-10-117.
863          (4) (a) For purposes of this Subsection (4), "Form 8814" means:
864          (i) the federal individual income tax Form 8814, Parents' Election To Report Child's
865     Interest and Dividends; or
866          (ii) (A) a form designated by the commission in accordance with Subsection (4)(a)(ii)(B)
867     as being substantially similar to 2000 Form 8814 if for purposes of federal individual income taxes
868     the information contained on 2000 Form 8814 is reported on a form other than Form 8814; and
869          (B) for purposes of Subsection (4)(a)(ii)(A) and in accordance with Title 63G, Chapter 3,
870     Utah Administrative Rulemaking Act, the commission may make rules designating a form as
871     being substantially similar to 2000 Form 8814 if for purposes of federal individual income taxes the
872     information contained on 2000 Form 8814 is reported on a form other than Form 8814.
873          (b) The amount of a child's income added to adjusted gross income under Subsection
874     (1)(b) is equal to the difference between:
875          (i) the lesser of:
876          (A) the base amount specified on Form 8814; and
877          (B) the sum of the following reported on Form 8814:
878          (I) the child's taxable interest;
879          (II) the child's ordinary dividends; and
880          (III) the child's capital gain distributions; and
881          (ii) the amount not taxed that is specified on Form 8814.
882          (5) Notwithstanding Subsection (1)(e), interest from bonds, notes, and other evidences of
883     indebtedness issued by an entity described in Subsections (1)(e)(i)(A) through (D) may not be
884     added to adjusted gross income of a resident or nonresident individual if, as annually determined
885     by the commission:
886          (a) for an entity described in Subsection (1)(e)(i)(A) or (B), the entity and all of the
887     political subdivisions, agencies, or instrumentalities of the entity do not impose a tax based on
888     income on any part of the bonds, notes, and other evidences of indebtedness of this state; or
889          (b) for an entity described in Subsection (1)(e)(i)(C) or (D), the following do not impose a
890     tax based on income on any part of the bonds, notes, and other evidences of indebtedness of this
891     state:

892          (i) the entity; or
893          (ii) (A) the state in which the entity is located; or
894          (B) the District of Columbia, if the entity is located within the District of Columbia.
895          Section 6. Effective date.
896          If approved by two-thirds of all the members elected to each house, this bill takes effect
897     upon approval by the governor, or the day following the constitutional time limit of Utah
898     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto, the
899     date of veto override.
900          Section 7. Retrospective operation.
901          This bill has retrospective operation for a taxable year beginning on or after January 1,
902     2020.