Definitions.

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  • (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 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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