1     
SMALL BUSINESS JOB CREATION TAX CREDIT ACT

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Curtis S. Bramble

5     
House Sponsor: Carl R. Albrecht

6     

7     LONG TITLE
8     General Description:
9          This bill enacts the Small Business and Rural Job Creation Tax Credit Act.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     provides a state nonrefundable tax credit for investments by small business funds in
14     eligible businesses;
15          ▸     authorizes the state to approve tax credits on up to $30,000,000 invested in eligible
16     businesses in the state;
17          ▸     provides the requirements for receiving a tax credit certificate from the Governor's
18     Office of Economic Development related to a contribution to a small business fund
19     investing in eligible businesses;
20          ▸     provides the reporting requirements for a small business fund investing in eligible
21     businesses; and
22          ▸     provides the requirements for a small business fund exiting the program.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          This bill provides retrospective operation.
27     Utah Code Sections Affected:

28     ENACTS:
29          59-9-109, Utah Code Annotated 1953
30          63N-2-901, Utah Code Annotated 1953
31          63N-2-902, Utah Code Annotated 1953
32          63N-2-903, Utah Code Annotated 1953
33          63N-2-904, Utah Code Annotated 1953
34          63N-2-905, Utah Code Annotated 1953
35          63N-2-906, Utah Code Annotated 1953
36          63N-2-907, Utah Code Annotated 1953
37          63N-2-908, Utah Code Annotated 1953
38          63N-2-909, Utah Code Annotated 1953
39     

40     Be it enacted by the Legislature of the state of Utah:
41          Section 1. Section 59-9-109 is enacted to read:
42          59-9-109. Nonrefundable small business and rural job creation tax credit.
43          (1) As used in this section:
44          (a) "Office" means the Governor's Office of Economic Development.
45          (b) "Tax credit certificate" means the same as that term is defined in Section
46     63N-2-902.
47          (2) An entity may claim a nonrefundable tax credit against a tax liability under this
48     chapter in accordance with this section if the entity is issued a tax credit certificate by the office
49     under Section 63N-2-904.
50          (3) The tax credit under this section is the amount listed as the tax credit amount on the
51     tax credit certificate issued to the entity for the calendar year.
52          (4) A taxpayer may carry forward a tax credit under this section for the next seven
53     taxable years if the amount of the tax credit exceeds the taxpayer's tax liability under this
54     chapter for the taxable year in which the taxpayer claims the tax credit.
55          (5) A taxpayer required to pay a retaliatory tax levied under this chapter for a reason
56     other than claiming the tax credit may claim the tax credit after the retaliatory tax amount is
57     calculated, and the tax credit may be used to offset retaliatory tax liability.
58          (6) Notwithstanding the other provisions of this section, this section does not apply to

59     an admitted insurer to the extent that the admitted insurer writes worker's compensation
60     insurance in this state and has premiums taxed under Subsection 59-9-101(2).
61          Section 2. Section 63N-2-901 is enacted to read:
62     
Part 9. Small Business and Rural Job Creation Tax Credit Act

63          63N-2-901. Title.
64          This part is known as the "Small Business and Rural Job Creation Tax Credit Act."
65          Section 3. Section 63N-2-902 is enacted to read:
66          63N-2-902. Definitions.
67          As used in this part:
68          (1) (a) "Affiliate" means a person that directly, or indirectly through one or more
69     intermediaries, controls, is controlled by, or is under common control with another person.
70          (b) For the purposes of this part, a person controls another person if the person holds,
71     directly or indirectly, the majority voting or ownership interest in the controlled person or has
72     control over the day-to-day operations of the controlled person by contract or by law.
73          (2) "Claimant" means an entity that has insurance premium income in the state.
74          (3) "Closing date" means the date on which a small business fund has collected all of
75     the investments described in Subsection 63N-2-903(7).
76          (4) "Credit-eligible contribution" means an investment of cash by a claimant in a small
77     business fund that:
78          (a) is or will be eligible for a tax credit as evidenced by notification issued by the office
79     under Subsection 63N-2-903(5)(c); and
80          (b) shall purchase an equity interest in the small business fund or purchase, at par value
81     or premium, a debt instrument issued by the small business fund that has a maturity date of at
82     least six years after the closing date.
83          (5) "Eligible business" means a business that at the time of an initial small business
84     investment in the business by a small business fund:
85          (a) has fewer than 99 employees;
86          (b) has less than $10,000,000 in net income for the preceding taxable year;
87          (c) maintains the business's principal business operations in the state; and
88          (d) (i) is engaged in one or more industries related to aerospace, defense, education,
89     energy and natural resources, financial services, food, life sciences, outdoor products, software

90     development, information technology, manufacturing, or agribusiness; or
91          (ii) is determined by the office to be highly beneficial to the economic growth of the
92     state.
93          (6) (a) "Full-time employee" means an employee that throughout the year works at
94     least 30 hours per week or meets the customary practices accepted as full time by the industry
95     in which the employee works.
96          (b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
97     office may make rules that establish additional hour or other criteria to determine what
98     constitutes a full-time employee.
99          (7) "High wage business" means an eligible business whose average company wage in
100     a county is at least 150% of the average county wage.
101          (8) "High wage job" means a wage that is at least 100% of the wage of the county in
102     which the job exists.
103          (9) "Impact business" means an eligible business that is:
104          (a) minority-owned, woman-owned, veteran-owned, a high wage business, a rural
105     business, or a start-up business; and
106          (b) is verified by the small business fund through:
107          (i) an affidavit from the chief executive of the eligible business attesting to the eligible
108     business's eligibility; and
109          (ii) supporting documentation as required by the office.
110          (10) "Investment authority" means the minimum amount of investment a small
111     business fund must make in eligible businesses in order for credit-eligible contributions to the
112     fund to qualify for a small business and rural job creation tax credit under Section 59-9-108.
113          (11) "Minority-owned, woman-owned, or veteran-owned business" means a business
114     that:
115          (a) maintains the business's principal business operations in the state; and
116          (b) meets one of the following criteria:
117          (i) is at least 33% owned by one or more minority persons, women, or veterans; or
118          (ii) the management and daily business operations are controlled by one or more
119     minority persons, one or more women, or one or more veterans.
120          (12) (a) "New annual jobs" means the difference between the number of full-time

121     employees at the eligible small business on the date of the initial growth investment, and:
122          (i) the monthly average of full-time employees that are paid a high wage at an eligible
123     small business for the preceding calendar year; or
124          (ii) if the preceding calendar year contains the initial growth investment, the monthly
125     average of full-time employees that are paid a high wage at an eligible small business for each
126     month including and after the initial growth investment and before the end of the preceding
127     calendar year.
128          (b) If the amount calculated in Subsection (12)(a) is less than zero, the new annual jobs
129     amount is equal to zero.
130          (13) (a) "Principal business operations" means the location where at least 60% of a
131     business's employees work or where employees that are paid at least 60% of a business's
132     payroll work.
133          (b) An out-of-state business that agrees to relocate employees to this state to establish
134     the business's principal business operations in the state using the proceeds of a small business
135     investment is considered to have principal business operations in the state if the business
136     satisfies the requirements of Subsection (13)(a) within 180 days after receiving the small
137     business investment.
138          (14) "Program" means the provisions of this part applicable to a small business fund.
139          (15) "Rural business" means any eligible business with principal business operations in
140     any county in the state except Salt Lake County, Utah County, or Davis County.
141          (16) "Secured loan" means any loan that is secured by a first mortgage on real estate
142     with a loan to value ratio of less than 80%.
143          (17) "Small business fund" means a person or entity approved by the office under
144     Section 63N-2-903.
145          (18) "Small business investment" means:
146          (a) a capital or equity investment in an eligible business, except that if the investment
147     is an initial equity investment the investment shall have a non-controlling interest with less
148     than 33% total ownership;
149          (b) a secured loan or revolving line of credit to an eligible business if the small
150     business fund obtains an affidavit from the chief executive of the eligible business attesting that
151     the eligible business applied for but was denied similar financing from a commercial bank; or

152          (c) any loan made from the investment authority to an eligible business with a stated
153     maturity at least one year after the date of issuance.
154          (19) "Start-up business" means an eligible business whose chief executive certifies that
155     the business has raised less than $5,000,000 of equity from non-affiliates or has existed for less
156     than three years.
157          (20) (a) "State reimbursement amount" means the difference between:
158          (i) 50% of the rural investment company's credit-eligible capital contributions; and
159          (ii) the product of:
160          (A) the total sum of new annual jobs reported to the state in the rural investment
161     company's exit report described in Section 63N-4-309; and
162          (B) $20,000.
163          (b) If the amount calculated in Subsection (20)(a) is less than zero, the state
164     reimbursement amount is equal to zero.
165          (21) "Tax credit" means the tax credit described in Section 59-9-108.
166          (22) "Tax credit certificate" means a certificate issued by the office that:
167          (a) lists the name of the claimant to which the office authorizes a tax credit;
168          (b) lists the claimant's taxpayer identification number;
169          (c) lists the amount of tax credit that the office authorizes the claimant to claim for the
170     taxable year; and
171          (d) may include other information as determined by the office.
172          Section 4. Section 63N-2-903 is enacted to read:
173          63N-2-903. Application, approval, and allocations.
174          (1) (a) A person or entity seeking approval as a small business fund shall submit an
175     application to the office.
176          (b) The office shall begin accepting applications on July 1, 2021.
177          (2) An application submitted under Subsection (1) shall be in a form and in accordance
178     with procedures prescribed by the office and shall include the following:
179          (a) the total investment authority sought by the applicant, which may not exceed
180     $50,000,000;
181          (b) a copy of the applicant's or an affiliate of the applicant's license as a federally
182     licensed rural business investment company or as a federally licensed small business

183     investment company, provided that any affiliate used to meet this requirement must have been
184     an affiliate of the applicant or the applicant's affiliates for at least four years;
185          (c) evidence of at least $100 million in investments in nonpublic companies located in
186     any county in the state or another state where the county has a population of less than 50,000
187     according to the 2010 decennial census of the United States;
188          (d) evidence of at least $20 million in investments in nonpublic companies in the state,
189     which may include the investment amounts required by Subsection (2)(c);
190          (e) a certification that the applicant and the applicant's affiliates are in good standing
191     with any economic development programs in the state and, if applicable, have met the initial
192     investment milestones described in Title 63N, Chapter 4, Part 3, Utah Rural Jobs Act;
193          (f) a signed certification from each claimant that commits to make a credit-eligible
194     capital contribution to the applicant, stating the amount of that commitment;
195          (g) the sum of all credit-eligible capital contribution commitments described in
196     Subsection (2)(f), which must equal at least 60% of the total investment authority sought by the
197     applicant;
198          (h) a marketing and outreach plan to minority-owned, women-owned, and
199     veteran-owned businesses; and
200          (i) a business plan and revenue impact assessment prepared using a nationally
201     recognized economic development model that demonstrates that the small business fund's
202     business plan will have a revenue positive impact on the state over 10 years when taking into
203     account a 60% tax credit utilization over the same 10-year period.
204          (3) The office shall:
205          (a) review and evaluate each application submitted under this section within 30 days
206     after the day on which the office receives the application in the order in which each application
207     is received; and
208          (b) consider applications received on the same day to have been received
209     simultaneously.
210          (4) (a) If, after review and evaluation of an application, the office determines that the
211     application does not meet the requirements of Subsection (2), the office shall:
212          (i) deny the application; or
213          (ii) if the applicant complied with Subsection (2)(f):

214          (A) notify the applicant that the application was inadequate and allow the applicant to
215     provide additional information to the office to complete, clarify, or cure defects identified by
216     the office in the application; and
217          (B) inform the applicant that the additional information described in Subsection
218     (4)(a)(ii)(A) shall be received by the office within five days after the day on which notice was
219     provided by the applicant in order to be considered for the program.
220          (b) If an applicant submits additional information to the office in accordance with
221     Subsection (4)(a)(ii), the office shall:
222          (i) consider the application to have been received on the date the application was
223     originally received by the office; and
224          (ii) review and evaluate the additional information within 10 days after the day on
225     which the office receives the additional information.
226          (5) If the office determines that an application meets the requirements of Subsection
227     (2) after reviewing and evaluating an application submitted under this section, including any
228     additional information submitted in accordance with Subsection (4)(a)(ii), the office shall:
229          (a) determine the amount of investment authority to award an applicant;
230          (b) provide to the applicant a written notice of approval as a small business fund,
231     specifying the amount of the applicant's investment authority; and
232          (c) notify each claimant whose certification was included in the application under
233     Subsection (2)(e) that the claimant qualifies for a tax credit that will be issued in accordance
234     with Section 63N-2-904.
235          (6) (a) The office may not approve more than $50,000,000 in total investment authority
236     and not more than $30,000,000 in total credit-eligible contributions under this part.
237          (b) Subject to Subsections (6)(a) and (d), if an application is approved under
238     Subsection (5), the office shall approve the amount of investment authority requested on the
239     application.
240          (c) The office may continue to accept applications for this program until the amount of
241     approved investment authority reaches $50,000,000.
242          (d) If the office approves multiple applications received simultaneously under
243     Subsection (3)(b) and the total amount of investment authority requested on those applications
244     is more than the amount of investment authority remaining, the office shall proportionally

245     reduce the investment authority and credit-eligible capital contributions for each of these
246     applications as necessary to avoid exceeding the amount of investment authority and
247     credit-eligible capital contributions remaining.
248          (7) Within 65 days after the day on which a small business fund receives approval
249     under Subsection (5)(b), the small business fund shall:
250          (a) collect the total amount of committed credit-eligible capital contributions from each
251     claimant whose affidavit was included in the application under Subsection (2)(e);
252          (b) collect one or more cash equity investments contributed directly or indirectly by
253     affiliates of the small business fund, including employees, officers, and directors of such
254     affiliates, that equal at least 10% of the small business fund's investment authority;
255          (c) collect one or more cash investments that, when added to the amounts collected
256     under Subsections (7)(a) and (b), equal the small business fund's investment authority; and
257          (d) provide sufficient documentation to the office to show that the amounts described
258     in Subsections (7)(a) through (c) have been collected.
259          (8) If the small business fund fails to fully comply with Subsection (7):
260          (a) the small business fund's approval lapses and the corresponding investment
261     authority and credit-eligible capital contributions do not count toward the limits on the program
262     size described in Subsection (6)(a); and
263          (b) the office:
264          (i) shall first award lapsed investment authority pro rata to each small business fund
265     that was awarded less than the requested investment authority under Subsection (6)(d), which a
266     small business fund may allocate to the small business fund's investors at the fund's discretion;
267     and
268          (ii) may award any remaining investment authority to one or more new applicants.
269          Section 5. Section 63N-2-904 is enacted to read:
270          63N-2-904. Tax credit.
271          (1) On the closing date, a claimant whose affidavit was included in an approved
272     application submitted under Section 63N-2-903 shall earn a vested tax credit equal to the
273     amount of the claimant's credit-eligible capital contribution to the small business fund.
274          (2) In each of the taxable years that includes the third through sixth anniversaries of the
275     closing date, the office shall:

276          (a) issue a tax credit certificate to each approved claimant, specifying a tax credit
277     amount for the taxable year equal to one-fourth of the claimant's total credit-eligible capital
278     contribution; and
279          (b) provide a report to the State Tax Commission listing each claimant that received a
280     tax credit certificate under Subsection (2)(a) and the tax credit amount listed on the certificate.
281          (3) (a) A claimant may not claim a tax credit under this section unless the claimant has
282     a tax credit certificate issued by the office.
283          (b) A claimant claiming a credit under this section shall retain a tax credit certificate
284     the claimant receives from the office for the same time period a person is required to keep
285     books and records under Section 59-1-1406.
286          (4) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
287     consistent with the provisions of this part, the office shall make rules describing:
288          (a) the documentation requirements for a claimant to receive a tax credit certificate
289     under this section; and
290          (b) administration of the program, including relevant timelines and deadlines.
291          (5) A tax credit earned under this section is not transferable or refundable and may only
292     be assigned to an affiliate having premium tax liability in the state.
293          Section 6. Section 63N-2-905 is enacted to read:
294          63N-2-905. Revocation and recapture of tax credit certificates.
295          (1) Except as provided in Subsection (2), the office shall revoke or recapture a tax
296     credit certificate issued under Section 63N-2-904 if the small business fund in which the
297     credit-eligible capital contribution was made does any of the following before the small
298     business fund exits the program in accordance with Section 63N-2-909:
299          (a) fails to invest:
300          (i) 60% of the small business fund's investment authority in small business investments
301     in rural businesses within two years of the closing date; and
302          (ii) 100% of the small business fund's investment authority in small business
303     investments in rural businesses within three years of the closing date;
304          (b) fails to maintain small business investments in this state equal to 100% of the small
305     business fund's investment authority in small business investments prior to exiting the program
306     in accordance with Section 63N-2-909;

307          (c) makes a distribution or payment that results in the small business fund having less
308     than 100% of the small business fund's investment authority invested in small business
309     investments in the state or available for investment in small business investments and held in
310     cash and other marketable securities; or
311          (d) makes a small business investment in an eligible business that directly or indirectly
312     through an affiliate:
313          (i) owns or has the right to acquire an ownership interest in the small business fund, an
314     affiliate of the small business fund, or an investor in the small business fund; or
315          (ii) makes a loan to or an investment in the small business fund, an affiliate of the
316     small business fund, or an investor in the small business fund.
317          (2) (a) For the purposes of Subsection (1), an investment is maintained even if the
318     investment is sold or repaid if the small business fund reinvests an amount equal to the capital
319     returned or recovered by the small business fund from the original investment, excluding any
320     profits realized, in other small business investments in impact businesses within 12 months of
321     the receipt of such capital.
322          (b) Amounts received periodically by a small business fund are treated as continually
323     invested in small business investments if the amounts are reinvested in one or more small
324     business investments in impact businesses by the end of the following calendar year.
325          (c) A small business fund is not required to reinvest capital returned from small
326     business investments after the sixth anniversary of the closing date and such small business
327     investments are considered as being held continuously by the small business fund through the
328     seventh anniversary of the closing date.
329          (3) (a) Before revoking or recapturing one or more tax credit certificates under this
330     section, the office shall notify the small business fund of the reasons for the pending
331     revocation.
332          (b) If the small business fund corrects any violation outlined in the notice to the
333     satisfaction of the office within 90 days after the day on which the notice was sent, the office
334     may not revoke or recapture the tax credit certificate.
335          (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the
336     office may make rules that establish criteria to determine what constitutes a correction under
337     Subsection (3)(b).

338          (4) If a small business fund's tax credit certificates are revoked or recaptured under this
339     section:
340          (a) if the small business fund is able to provide documentation to the office that
341     demonstrates that a tax credit described in this Subsection (4) has not been claimed, unused
342     credits shall be revoked and not available for use by any taxpayer;
343          (b) the small business fund's investment authority and credit-eligible capital
344     contributions shall not count toward the limits on the program size described in Subsection
345     63N-4-903(6)(a); and
346          (c) (i) the office shall, if the office awards lapsed investment authority to a small
347     business fund, first award lapsed investment authority pro rata to each small business fund that
348     was awarded less than the requested investment authority under Subsection 63N-4-903(6)(d),
349     which a small business fund may allocate to the small business fund's investors at the small
350     business fund's discretion; and
351          (ii) the office may award any remaining investment authority to one or more new
352     applicants.
353          (5) Small business fund investments in an amount over $5,000,000 in the same eligible
354     business, including amounts invested in affiliates of the eligible business, do not count towards
355     the investment requirements described in Subsections (1)(a) and (b), except that small business
356     investments made with repaid or redeemed small business investments, or interest or profits
357     realized on the repaid or redeemed small business investments, do not count towards the
358     $5,000,000 limit in this Subsection (5).
359          (6) The office may not revoke or recapture a tax credit certificate after a small business
360     fund has exited the program in accordance with Section 63N-2-909.
361          Section 7. Section 63N-2-906 is enacted to read:
362          63N-2-906. Request for determination.
363          (1) Before making a small business investment, a small business fund may request
364     from the office a written determination as to whether the business in which a small business
365     fund proposes to invest is an eligible business and an impact business.
366          (2) The office shall notify the small business fund of the office's determination within
367     30 days after the day on which the office receives the request.
368          (3) If the office fails to notify the small business fund of the office's determination in

369     accordance with Subsection (2), the business in which the small business fund proposes to
370     invest shall be considered, as applicable, an eligible business or impact business.
371          Section 8. Section 63N-2-907 is enacted to read:
372          63N-2-907. Reporting obligations.
373          (1) Until the small business fund has exited the program in accordance with Section
374     63N-2-909, a small business fund shall annually submit to the office on or before the last day
375     of March a written report for the previous calendar year.
376          (2) (a) The annual report shall include documentation of the small business fund's
377     small business investments, including:
378          (i) a bank statement evidencing each small business investment;
379          (ii) the name, location, and industry of each business receiving a small business
380     investment, including a determination letter provided under Section 63N-2-906 or evidence
381     that the business qualified as an eligible business at the time the investment was made;
382          (iii) the number of new annual jobs at each eligible small business for the preceding
383     year, accompanied by a report from a third-party accounting firm attesting that the number of
384     new annual jobs was calculated in accordance with procedures approved by the office;
385          (iv) the amount of small business investments made in rural businesses and impact
386     businesses;
387          (v) the number of new jobs at each eligible small business for the preceding year; and
388          (vi) any other information required by the office.
389          (3) By the fifth business day after the second and third anniversaries of the closing
390     date, a small business fund shall submit a written report to the office providing evidence that
391     the small business fund is in compliance with the investment requirements of Subsection
392     63N-2-905(1)(a).
393          Section 9. Section 63N-2-908 is enacted to read:
394          63N-2-908. Annual fee.
395          (1) The office shall calculate an annual fee to be paid by each small business fund by
396     dividing $50,000 by the number of small business funds approved under this part and notify
397     each small business fund of the amount of the annual fee.
398          (2) (a) The initial annual fee shall be due and payable to the office along with the
399     evidence of receipt of the cash investment in the small business fund as described in

400     Subsection 63N-2-903(7)(d).
401          (b) After the initial annual fee, an annual fee shall be due and payable to the office on
402     or before the last day of February of each year.
403          (c) An annual fee shall not be required once a small business fund has exited the
404     program under Section 63N-2-909.
405          (3) To maintain an aggregate annual fee the office shall recalculate the annual fee as
406     needed upon the lapse of any approval under Subsection 63N-2-903(8), the revocation or
407     recapture of tax credit certificates under Section 63N-2-905, or a small business fund's exit
408     from the program under Section 63N-2-909.
409          (4) The annual fee collected under this section shall be deposited into the General Fund
410     as a dedicated credit for use by the office to implement this part.
411          Section 10. Section 63N-2-909 is enacted to read:
412          63N-2-909. Exit.
413          (1) A small business fund may not apply to exit the program until the small business
414     fund demonstrates by the annual reports submitted pursuant to Section 63N-2-907 and any
415     supplemental report that the small business fund has invested an additional 50% of the small
416     business fund's initial investment authority in excess of the requirements of Subsection
417     63N-2-905(1)(a) in impact businesses.
418          (2) (a) On or after the seventh anniversary of the closing date and upon compliance
419     with Subsection (1), a small business fund may apply to the office to exit the program and no
420     longer be subject to this part.
421          (b) The application described in Subsection (2)(a) shall include an updated revenue
422     impact assessment prepared using a nationally recognized economic development model as
423     described in Subsection 63N-2-903(2)(g) that analyzes the economic impact of the small
424     business fund's small business investments and shall include a calculation of the state
425     reimbursement amount.
426          (3) An application submitted under Subsection (2) shall be in a form and in accordance
427     with procedures prescribed by the office.
428          (4) In evaluating the exit application, if no tax credit certificates have been revoked or
429     recaptured and the small business fund has not received a notice of revocation that has
430     remained uncorrected under Subsection 63N-2-905(3)(b), the small business fund is eligible for

431     exit.
432          (5) (a) The office shall respond to the application within 30 days after the day on which
433     the office receives the application and shall include confirmation of the state reimbursement
434     amount.
435          (b) If the office denies the application, the office shall provide the reasons for the
436     determination to the small business fund.
437          (6) Within 60 days after the day on which the confirmation of the state reimbursement
438     amount is received by the rural investment company, the rural investment company shall make
439     a cash distribution to the state in an amount equal to the state reimbursement amount.
440          (7) The office shall notify the rural investment company once payments equal to the
441     amount described in Subsection (6) have been received.
442          (8) Any amounts collected under this section shall be deposited into the General Fund.
443          Section 11. Retrospective operation.
444          This bill has retrospective operation for a taxable year beginning on or after January 1,
445     2021.