Definitions.
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Law
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Utah Code
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Revenue and Taxation
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Mineral Production Tax Withholding
- Definitions.
- (1) "Business entity" means a claimant that is a:
- (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 and passed 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 or nonresident 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, or trust 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 Pay Corporate 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 Pay Corporate 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 Pay Corporate 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.
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