59-7-603 - Credit for sophisticated technological equipment donated to schools.
59-7-603. Credit for sophisticated technological equipment donated to schools.
(1) A taxpayer subject to the corporate franchise provisions of Section 59-7-104 isentitled to a tax credit in an amount equal to 25% of the fair market value of high technologycontributions to public education, not to exceed the basis of the property contributed. Fair marketvalue shall not exceed the original cost of the property.
(2) As used in this section, "high technology contribution" means a contribution oftangible personal property subject to the following requirements:
(a) the property is a computer, sophisticated technological equipment, or other apparatusintended for use with a computer to be used directly in the education of students;
(b) the contribution is to a public elementary, secondary, or accredited post-secondaryschool located in the state;
(c) the contribution is made not later than two years after the date its construction issubstantially completed;
(d) the property is used exclusively by the donee;
(e) the property is not transferred by the donee in exchange for money, other property, orservices; and
(f) the taxpayer receives a written statement from the donee signifying approval of theproperty and representing that its use and disposition will be in accordance with the provisions ofthis section.
(3) If a taxpayer has subtracted an amount for sophisticated technological equipmentdonated to schools when determining federal taxable income, that amount shall be added backunder Section 59-7-105 before a credit may be taken under this section.
Enacted by Chapter 169, 1993 General Session