File No. 33694
This rule was published in the June 15, 2010, issue (Vol. 2010, No. 12) of the Utah State Bulletin.
Tax Commission, Auditing
Section R865-9I-42
Order of Credits Applied Against Utah Individual Income Tax Due Pursuant to Utah Code Ann. Sections 59-6-102, 59-13-202, Title 59, Chapter 10, and 63M-1-413
Notice of Proposed Rule
(Amendment)
DAR File No.: 33694
Filed: 06/01/2010 02:27:21 PM
RULE ANALYSIS
Purpose of the rule or reason for the change:
The proposed amendment updates statutory citations and recognizes the addition of new income tax credits.
Summary of the rule or change:
The proposed amendment updates the statutory references to individual income tax credits to include renumbering of existing credits, and additional credits added since the rule was last updated.
State statutory or constitutional authorization for this rule:
- Section 59-6-102
- Section 59-13-301
- Title 63M, Chapter 1
- Section 59-13-202
- Title 59, Chapter 10
Anticipated cost or savings to:
the state budget:
None--All income tax credits have been authorized by the Legislature in legislation. In addition, this amendment reflects Tax Commission practice since the new credits were added.
local governments:
None--All income tax credits have been authorized by the Legislature in legislation. In addition, this amendment reflects Tax Commission practice since the new credits were added.
small businesses:
None--All income tax credits have been authorized by the Legislature in legislation. In addition, this amendment reflects Tax Commission practice since the new credits were added.
persons other than small businesses, businesses, or local governmental entities:
None--All income tax credits have been authorized by the Legislature in legislation. In addition, this amendment reflects Tax Commission practice since the new credits were added.
Compliance costs for affected persons:
None--The proposed amendment updates the rule to include all credits authorized by the Legislature and reflects Tax Commission practice.
Comments by the department head on the fiscal impact the rule may have on businesses:
None.
Michael J. Cragun, Commissioner
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Tax CommissionAuditing
210 N 1950 W
SALT LAKE CITY, UT 84134
Direct questions regarding this rule to:
- Michael Cragun at the above address, by phone at 801-297-3907, by FAX at 801-297-3919, or by Internet E-mail at mcragun@utah.gov
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
07/15/2010
This rule may become effective on:
07/22/2010
Authorized by:
R. Bruce Johnson, Tax Commission Chair
RULE TEXT
R865. Tax Commission, Auditing.
R865-9I. Income Tax.
R865-9I-42. Order of Credits Applied Against Utah Individual Income Tax Due Pursuant to Utah Code Ann. Sections 59-6-102, 59-13-202, and 59-13-301,[Title 59, Chapter 10,] and Title 59, Chapter 10, and [63M-1-413]Title 63M, Chapter 1.
Taxpayers shall deduct credits authorized by [Sections,]Section 59-6-102, Section 59-13-202, Section 59-13-301, [Title 59, Chapter 10,]Title 59, Chapter 10, and [63M-1-413]Title 63M, Chapter 1 against Utah individual income tax due
in the following order:
(1) nonrefundable credits;
(2) nonrefundable credits with a carryforward;
(3) refundable credits.
KEY: historic preservation, income tax, tax returns, enterprise zones
Date of Enactment or Last Substantive Amendment: [
April 8
], 2010
Notice of Continuation: March 20, 2007
Authorizing, and Implemented or Interpreted Law: 59-6-102; 59-10; 59-13-202; 59-13-301; 59-13-302; 63M-1; 63M-1-401 through 63M-1-414
Additional Information
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2010/b20100615.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
Text to be deleted is struck through and surrounded by brackets (e.g., [example]). Text to be added is underlined (e.g., example). Older browsers may not depict some or any of these attributes on the screen or when the document is printed.
For questions regarding the content or application of this rule, please contact Michael Cragun at the above address, by phone at 801-297-3907, by FAX at 801-297-3919, or by Internet E-mail at mcragun@utah.gov.