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7 LONG TITLE
8 General Description:
9 This bill repeals income tax incentives related to the Student Prosperity Savings
10 Program.
11 Highlighted Provisions:
12 This bill:
13 ▸ repeals the corporate income tax deduction for a donation to the Student Prosperity
14 Savings Program;
15 ▸ repeals the individual income tax credit for a donation to the Student Prosperity
16 Savings Program;
17 ▸ eliminates a record retention requirement; and
18 ▸ makes technical and conforming changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 This bill provides retrospective operation.
23 Utah Code Sections Affected:
24 AMENDS:
25 53B-8a-203, as enacted by Laws of Utah 2017, Chapter 389
26 59-7-106, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 15
27 59-10-1017, as last amended by Laws of Utah 2017, Chapter 389
28 63I-2-259, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 12
29 REPEALS:
30 59-10-1017.1, as enacted by Laws of Utah 2017, Chapter 389
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32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 53B-8a-203 is amended to read:
34 53B-8a-203. Donations to the program.
35 (1) (a) A person may make a donation to the program by:
36 (i) sending the donation to the plan; and
37 (ii) including with the donation, direction that the donation benefit the program.
38 (b) A person making a donation shall include the person's name and mailing address
39 with the donation.
40 (2) (a) The plan shall mail a receipt to the person that makes the donation.
41 (b) The receipt described in Subsection (2)(a) shall state:
42 (i) the name of the person that made the donation;
43 (ii) the amount of the donation; and
44 (iii) the date on which the person makes the donation.
45 (c) The date on which the person makes a donation to the program is the date on which
46 the plan receives the donation, unless the plan receives the donation on a Saturday, a Sunday,
47 or a holiday, in which case the date on which the person makes the donation shall be the first
48 business day after the day on which the plan receives the donation.
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52 Section 2. Section 59-7-106 is amended to read:
53 59-7-106. Subtractions from unadjusted income.
54 (1) In computing adjusted income, the following amounts shall be subtracted from
55 unadjusted income:
56 (a) the foreign dividend gross-up included in gross income for federal income tax
57 purposes under Section 78, Internal Revenue Code;
58 (b) subject to Subsection (2), the net capital loss, as defined for federal purposes, if the
59 taxpayer elects to deduct the net capital loss on the return filed under this chapter for the
60 taxable year for which the net capital loss is incurred;
61 (c) the decrease in salary expense deduction for federal income tax purposes due to
62 claiming the federal work opportunity credit under Section 51, Internal Revenue Code;
63 (d) the decrease in qualified research and basic research expense deduction for federal
64 income tax purposes due to claiming the federal credit for increasing research activities under
65 Section 41, Internal Revenue Code;
66 (e) the decrease in qualified clinical testing expense deduction for federal income tax
67 purposes due to claiming the federal credit for clinical testing expenses for certain drugs for
68 rare diseases or conditions under Section 45C, Internal Revenue Code;
69 (f) any decrease in any expense deduction for federal income tax purposes due to
70 claiming any other federal credit;
71 (g) the safe harbor lease adjustment required under Subsections 59-7-111(1)(b) and
72 (2)(b);
73 (h) any income on the federal corporation income tax return that has been previously
74 taxed by Utah;
75 (i) an amount included in federal taxable income that is due to a refund of a tax,
76 including a franchise tax, an income tax, a corporate stock and business tax, or an occupation
77 tax:
78 (i) if that tax is imposed for the privilege of:
79 (A) doing business; or
80 (B) exercising a corporate franchise;
81 (ii) if that tax is paid by the corporation to:
82 (A) Utah;
83 (B) another state of the United States;
84 (C) a foreign country;
85 (D) a United States possession; or
86 (E) the Commonwealth of Puerto Rico; and
87 (iii) to the extent that tax was added to unadjusted income under Section 59-7-105;
88 (j) a charitable contribution, to the extent the charitable contribution is allowed as a
89 subtraction under Section 59-7-109;
90 (k) subject to Subsection (3), 50% of a dividend considered to be received or received
91 from a subsidiary that:
92 (i) is a member of the unitary group;
93 (ii) is organized or incorporated outside of the United States; and
94 (iii) is not included in a combined report under Section 59-7-402 or 59-7-403;
95 (l) subject to Subsection (4) and Section 59-7-401, 50% of the adjusted income of a
96 foreign operating company;
97 (m) the amount of gain or loss that is included in unadjusted income but not recognized
98 for federal purposes on stock sold or exchanged by a member of a selling consolidated group as
99 defined in Section 338, Internal Revenue Code, if an election has been made in accordance
100 with Section 338(h)(10), Internal Revenue Code;
101 (n) the amount of gain or loss that is included in unadjusted income but not recognized
102 for federal purposes on stock sold, exchanged, or distributed by a corporation in accordance
103 with Section 336(e), Internal Revenue Code, if an election under Section 336(e), Internal
104 Revenue Code, has been made for federal purposes;
105 (o) subject to Subsection (5), an adjustment to the following due to a difference
106 between basis for federal purposes and basis as computed under Section 59-7-107:
107 (i) an amortization expense;
108 (ii) a depreciation expense;
109 (iii) a gain;
110 (iv) a loss; or
111 (v) an item similar to Subsections (1)(o)(i) through (iv);
112 (p) an interest expense that is not deducted on a federal corporation income tax return
113 under Section 265(b) or 291(e), Internal Revenue Code;
114 (q) 100% of dividends received from a subsidiary that is an insurance company if that
115 subsidiary that is an insurance company is:
116 (i) exempt from this chapter under Subsection 59-7-102(1)(c); and
117 (ii) under common ownership;
118 (r) subject to Subsection 59-7-105(10), for a corporation that is an account owner as
119 defined in Section 53B-8a-102, the amount of a qualified investment as defined in Section
120 53B-8a-102.5:
121 (i) that the corporation or a person other than the corporation makes into an account
122 owned by the corporation during the taxable year;
123 (ii) to the extent that neither the corporation nor the person other than the corporation
124 described in Subsection (1)(r)(i) deducts the qualified investment on a federal income tax
125 return; and
126 (iii) to the extent the qualified investment does not exceed the maximum amount of the
127 qualified investment that may be subtracted from unadjusted income for a taxable year in
128 accordance with Subsection 53B-8a-106(1);
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134 Reporting, the entire amount of the dividends a member of a unitary group receives or is
135 considered to receive from a captive real estate investment trust;
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137 (i) qualified tax credit bond credit under Section 54A, Internal Revenue Code; or
138 (ii) qualified zone academy bond under Section 1397E, Internal Revenue Code;
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140 before December 31, 2019, only:
141 (i) the amount of any FDIC premium paid or incurred by the taxpayer that is
142 disallowed as a deduction for federal income tax purposes under Section 162(r), Internal
143 Revenue Code, on the taxpayer's 2018 federal income tax return; plus
144 (ii) the amount of any FDIC premium paid or incurred by the taxpayer that is
145 disallowed as a deduction for federal income tax purposes under Section 162(r), Internal
146 Revenue Code, for the taxable year;
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148 FDIC premium paid or incurred by the taxpayer that is disallowed as a deduction for federal
149 income tax purposes under Section 162(r), Internal Revenue Code, for the taxable year; and
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151 before December 31, 2020, the amount of:
152 (i) a paycheck protection loan similar to a loan forgiven in accordance with 15 U.S.C.
153 Sec. 636(a)(36) that is:
154 (A) authorized by the federal government;
155 (B) provided in response to COVID-19;
156 (C) forgiven if the borrower meets the expenditure requirements; and
157 (D) subject to federal income tax, to the extent that a deduction for the expenditures
158 paid with the loan is disallowed; and
159 (ii) any grant funds or forgiven loans that:
160 (A) the taxpayer receives from the state, a county within the state, or a municipality
161 within the state in response to COVID-19;
162 (B) are funded using federal revenue received by the state, the county, or the
163 municipality to respond to COVID-19; and
164 (C) are included in unadjusted income.
165 (2) For purposes of Subsection (1)(b):
166 (a) the subtraction shall be made by claiming the subtraction on a return filed:
167 (i) under this chapter for the taxable year for which the net capital loss is incurred; and
168 (ii) by the due date of the return, including extensions; and
169 (b) a net capital loss for a taxable year shall be:
170 (i) subtracted for the taxable year for which the net capital loss is incurred; or
171 (ii) carried forward as provided in Sections 1212(a)(1)(B) and (C), Internal Revenue
172 Code.
173 (3) (a) For purposes of calculating the subtraction provided for in Subsection (1)(k), a
174 taxpayer shall first subtract from a dividend considered to be received or received an expense
175 directly attributable to that dividend.
176 (b) For purposes of Subsection (3)(a), the amount of an interest expense that is
177 considered to be directly attributable to a dividend is calculated by multiplying the interest
178 expense by a fraction:
179 (i) the numerator of which is the taxpayer's average investment in the dividend paying
180 subsidiaries; and
181 (ii) the denominator of which is the taxpayer's average total investment in assets.
182 (c) (i) For purposes of calculating the subtraction allowed by Subsection (1)(k), in
183 determining income apportionable to this state, a portion of the factors of a foreign subsidiary
184 that has dividends that are partially subtracted under Subsection (1)(k) shall be included in the
185 combined report factors as provided in this Subsection (3)(c).
186 (ii) For purposes of Subsection (3)(c)(i), the portion of the factors of a foreign
187 subsidiary that has dividends that are partially subtracted under Subsection (1)(k) that shall be
188 included in the combined report factors is calculated by multiplying each factor of the foreign
189 subsidiary by a fraction:
190 (A) not to exceed 100%; and
191 (B) (I) the numerator of which is the amount of the dividend paid by the foreign
192 subsidiary that is included in adjusted income; and
193 (II) the denominator of which is the current year earnings and profits of the foreign
194 subsidiary as determined under the Internal Revenue Code.
195 (4) (a) For purposes of Subsection (1)(l), a taxpayer may not make a subtraction under
196 Subsection (1)(l):
197 (i) if the taxpayer elects to file a worldwide combined report as provided in Section
198 59-7-403; or
199 (ii) for the following:
200 (A) income generated from intangible property; or
201 (B) a capital gain, dividend, interest, rent, royalty, or other similar item that is
202 generated from an asset held for investment and not from a regular business trading activity.
203 (b) In calculating the subtraction provided for in Subsection (1)(l), a foreign operating
204 company:
205 (i) may not subtract an amount provided for in Subsection (1)(k) or (l); and
206 (ii) prior to determining the subtraction under Subsection (1)(l), shall eliminate a
207 transaction that occurs between members of a unitary group.
208 (c) For purposes of the subtraction provided for in Subsection (1)(l), in determining
209 income apportionable to this state, the factors for a foreign operating company shall be
210 included in the combined report factors in the same percentages as the foreign operating
211 company's adjusted income is included in the combined adjusted income.
212 (d) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
213 commission may by rule define what constitutes:
214 (i) income generated from intangible property; or
215 (ii) a capital gain, dividend, interest, rent, royalty, or other similar item that is
216 generated from an asset held for investment and not from a regular business trading activity.
217 (5) (a) For purposes of the subtraction provided for in Subsection (1)(o), the amount of
218 a reduction in basis shall be allowed as an expense for the taxable year in which a federal tax
219 credit is claimed if:
220 (i) there is a reduction in federal basis for a federal tax credit; and
221 (ii) there is no corresponding tax credit allowed in this state.
222 (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
223 commission may by rule define what constitutes an item similar to Subsections (1)(o)(i)
224 through (iv).
225 Section 3. Section 59-10-1017 is amended to read:
226 59-10-1017. Utah Educational Savings Plan tax credit.
227 (1) As used in this section:
228 (a) "Account owner" means the same as that term is defined in Section 53B-8a-102.
229 (b) "Grantor trust" means the same as that term is defined in Section 53B-8a-102.5.
230 (c) "Higher education costs" means the same as that term is defined in Section
231 53B-8a-102.5.
232 (d) "Maximum amount of a qualified investment for the taxable year" means, for a
233 taxable year, the product of 5% and:
234 (i) subject to Subsection (1)(d)(iii), for a claimant, estate, or trust that is an account
235 owner, if that claimant, estate, or trust is other than husband and wife account owners who file
236 a single return jointly, the maximum amount of a qualified investment:
237 (A) listed in Subsection 53B-8a-106(1)(e)(ii); and
238 (B) increased or kept for that taxable year in accordance with Subsections
239 53B-8a-106(1)(f) and (g);
240 (ii) subject to Subsection (1)(d)(iii), for claimants who are husband and wife account
241 owners who file a single return jointly, the maximum amount of a qualified investment:
242 (A) listed in Subsection 53B-8a-106(1)(e)(iii); and
243 (B) increased or kept for that taxable year in accordance with Subsections
244 53B-8a-106(1)(f) and (g); or
245 (iii) for a grantor trust:
246 (A) if the owner of the grantor trust has a single filing status or head of household
247 filing status as defined in Section 59-10-1018, the amount described in Subsection (1)(d)(i); or
248 (B) if the owner of the grantor trust has a joint filing status as defined in Section
249 59-10-1018, the amount described in Subsection (1)(d)(ii).
250 (e) "Owner of the grantor trust" means the same as that term is defined in Section
251 53B-8a-102.5.
252 (f) "Qualified investment" means the same as that term is defined in Section
253 53B-8a-102.5.
254 (2) Except as provided in Section 59-10-1002.2 and subject to the other provisions of
255 this section, a claimant, estate, or trust that is an account owner may claim a nonrefundable tax
256 credit equal to the product of:
257 (a) the amount of a qualified investment made:
258 (i) during the taxable year; and
259 (ii) into an account owned by the claimant, estate, or trust; and
260 (b) 5%.
261 (3) A claimant, estate, or trust, or a person other than the claimant, estate, or trust, may
262 make a qualified investment described in Subsection (2).
263 (4) A claimant, estate, or trust that is an account owner may not claim a tax credit
264 under this section with respect to any portion of a qualified investment described in Subsection
265 (2) that a claimant, estate, trust, or person described in Subsection (3) deducts on a federal
266 income tax return.
267 (5) A tax credit under this section may not exceed the maximum amount of a qualified
268 investment for the taxable year.
269 (6) A claimant, estate, or trust that is an account owner may not carry forward or carry
270 back the tax credit under this section.
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273 Section 4. Section 63I-2-259 is amended to read:
274 63I-2-259. Repeal dates -- Title 59.
275 (1) In Section 59-2-926, the language that states "applicable" and "or 53F-2-301.5" is
276 repealed July 1, 2023.
277 (2) Subsection 59-7-106(1)[
278 (3) Section 59-7-620 is repealed December 31, 2021.
279 (4) Subsection 59-10-114(2)(j) is repealed December 31, 2021.
280 Section 5. Repealer.
281 This bill repeals:
282 Section 59-10-1017.1, Student Prosperity Savings Program tax credit.
283 Section 6. Retrospective operation.
284 (1) Except as provided in Subsection (2), this bill has retrospective operation for a
285 taxable year beginning on or after January 1, 2021.
286 (2) The changes to Section 63I-2-259 have retrospective operation to January 1, 2021.