DAR File No. 41701

Tax Commission, Auditing

Section R865-9I-54

Renewable Energy Credit Amount Pursuant to Utah Code Ann. Sections 59-10-1014 and 59-10-1106

Notice of Proposed Rule

(Amendment)

DAR File No.: 41701
Filed: 05/25/2017 11:32:48 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The section is removed in compliance with H.B. 23 from the 2017 General Session because it is unnecessary.

Summary of the rule or change:

H.B. 23 (2017) removes the discretionary rulemaking authority of the Tax Commission under Section 59-10-1014. Although the discretionary rulemaking authority of the Tax Commission remains under Section 59-10-1106, no rule is needed under that section. Rule R362-2, Renewable Energy Systems Tax Credits, provides guidance for the credits under Sections 59-10-1014 and 59-10-1106.

Statutory or constitutional authorization for this rule:

• Section 59-10-1106
• Section 59-10-1014

Anticipated cost or savings to:

the state budget:

None--The section is removed pursuant to H.B. 23 (2017) because it is unnecessary.

local governments:

None--The section is removed pursuant to H.B. 23 (2017) because it is unnecessary.

small businesses:

None--The section is removed pursuant to H.B. 23 (2017) because it is unnecessary.

persons other than small businesses, businesses, or local governmental entities:

None--The section is removed pursuant to H.B. 23 (2017) because it is unnecessary.

Compliance costs for affected persons:

None--The section is removed pursuant to H.B. 23 (2017) because it is unnecessary.

Comments by the department head on the fiscal impact the rule may have on businesses:

After conducting a thorough analysis, it was determined that this proposed rule will not result in a fiscal impact on businesses.

Rebecca Rockwell, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Tax Commission
Auditing
210 N 1950 W
SALT LAKE CITY, UT 84134

Direct questions regarding this rule to:

• Christa Johnson at the above address, by phone at 801-297-3901, by FAX at 801-297-3907, or by Internet E-mail at cj@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:

07/17/2017

This rule may become effective on:

07/24/2017

Authorized by:

Rebecca Rockwell, Commissioner

R865. Tax Commission, Auditing.

R865-9I. Income Tax.

[R865-9I-54. Renewable Energy Credit Amount Pursuant to Utah Code Ann. Sections 59-10-1014 and 59-10-1106.

An amount certified by the Utah State Energy Program under rule R638-2, Renewable Energy Systems Tax Credit, as qualifying for the tax credit under Sections 59-10-1014 or 59-10-1106 shall, in the absence of fraud or misrepresentation, be the amount allowed by the commission as a credit under those sections.]

 

KEY: historic preservation, income tax, tax returns, enterprise zones

Date of Enactment or Last Substantive Amendment: [July 14, 2016]2017

Notice of Continuation: November 10, 2016

Authorizing, and Implemented or Interpreted Law: 31A-32A-106; 53B-8a-112; 59-1-1301 through 59-1-1309; 59-2-1201 through 59-2-1220; 59-6-102; 59-7-3; 59-10; 59-10-103; 59-10-108 through 59-10-122; 59-10-108.5; 59-10-114; 59-10-124; 59-10-127; 59-10-128; 59-10-129; 59-10-130; 59-10-207; 59-10-210; 59-10-303; 59-10-401 through 59-10-403; 59-10-405.5; 59-10-406 through 59-10-408; 59-10-501; 59-10-503; 59-10-504; 59-10-507; 59-10-512; 58-10-514; 59-10-516; 59-10-517; 59-10-522; 59-10-533; 59-10-536; 59-10-602; 59-10-603; 59-10-1003; 59-10-1006; 59-10-1014; 59-10-1017; 59-10-1021; 59-10-1023; 59-10-1106; 59-10-1403; 59-10-1403.2; 59-10-1405; 59-13-202; 59-13-301; 59-13-302; 63M-1; 63N-2-201 through 63N-2-215