59-6-101 - Definitions.
59-6-101. Definitions.
As used in this chapter:
(1) "Business entity" means a claimant that is a:
(a) C corporation;
(b) S corporation;
(c) general partnership;
(d) limited liability company;
(e) limited liability partnership;
(f) limited partnership; or
(g) business entity similar to Subsections (1)(c) through (f):
(i) with respect to which the business entity's income or losses are divided among andpassed through to taxpayers; and
(ii) as defined by the commission by rule made in accordance with Title 63G, Chapter 3,Utah Administrative Rulemaking Act.
(2) (a) Except as provided in Subsection (2)(b), "claimant" means a resident ornonresident person.
(b) "Claimant" does not include an estate or trust.
(3) "Estate" means a nonresident estate or a resident estate.
(4) "Minerals" means:
(a) metalliferous minerals as defined in Section 59-2-102;
(b) nonmetalliferous minerals as defined in Section 59-2-102; or
(c) a combination of Subsections (4)(a) and (b).
(5) "Producer" means a person that:
(a) produces or extracts minerals from deposits in this state; or
(b) is the first purchaser of minerals produced or extracted from deposits in this state.
(6) "Refundable tax credit" or "tax credit" means a tax credit that a claimant, estate, ortrust may claim:
(a) as provided by statute; and
(b) regardless of whether the claimant, estate, or trust has a tax liability:
(i) for a tax imposed under:
(A) Chapter 7, Corporate Franchise and Income Taxes;
(B) Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to PayCorporate Franchise or Income Tax Act; or
(C) Chapter 10, Individual Income Tax Act; and
(ii) for the taxable year for which the claimant, estate, or trust claims the tax credit.
(7) "Taxable year" means the taxable year of a claimant, estate, or trust under:
(a) Chapter 7, Corporate Franchise and Income Taxes;
(b) Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to PayCorporate Franchise or Income Tax Act; or
(c) Chapter 10, Individual Income Tax Act.
(8) "Tax return" means a return required by:
(a) Chapter 7, Corporate Franchise and Income Taxes;
(b) Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to PayCorporate Franchise or Income Tax Act; or
(c) Chapter 10, Individual Income Tax Act.
(9) "Trust" means a nonresident trust or a resident trust.
(10) "Withholding return" means a return a producer is required to file under this chapter.
Amended by Chapter 255, 2008 General Session