Nonrefundable tax credit for social security benefits.

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  • (1) As used in this section:
    • (a) "Head of household filing status" means the same as that term is defined in Section 59-10-1018.
    • (b) "Joint filing status" means the same as that term is defined in Section 59-10-1018.
    • (c) "Married filing separately status" means a married individual who:
      • (i) does not file a single federal individual income tax return jointly with that married individual's spouse for the taxable year; and
      • (ii) files a single federal individual income tax return for the taxable year.
    • (d) "Modified adjusted gross income" means the sum of the following for a claimant or, if the claimant's return under this chapter is allowed a joint filing status, the claimant and the claimant's spouse:
      • (i) adjusted gross income for the taxable year for which a tax credit is claimed under this section;
      • (ii) any interest income that is not included in adjusted gross income for the taxable year described in Subsection (1)(d)(i); and
      • (iii) any addition to adjusted gross income required by Section 59-10-114 for the taxable year described in Subsection (1)(d)(i).
    • (e) "Single filing status" means a single individual who files a single federal individual income tax return for the taxable year.
    • (f) "Social security benefit" means an amount received by a claimant as a monthly benefit in accordance with the Social Security Act, 42 U.S.C. Sec. 401 et seq.
  • (2) Except as provided in Section 59-10-1002.2 and Subsections (3) and (4), each claimant on a return that receives a social security benefit may claim a nonrefundable tax credit against taxes otherwise due under this part equal to the product of:
    • (a) the percentage listed in Subsection 59-10-104(2); and
    • (b) the claimant's social security benefit that is included in adjusted gross income on the claimant's federal income tax return for the taxable year.
  • (3)
    • (a) A claimant may not:
      • (i) carry forward or carry back the amount of a tax credit under this section that exceeds the claimant's tax liability for the taxable year; or
      • (ii) claim a tax credit under this section and a tax credit under Section 59-10-1019.
    • (b) A claimant that qualifies for a tax credit under this section and a tax credit under Section 59-10-1019 may elect whether to claim a tax credit under this section or a tax credit under Section 59-10-1019.
  • (4) The tax credit allowed by Subsection (2) claimed on a return filed under this part shall be reduced by $.025 for each dollar by which modified adjusted gross income for purposes of the return exceeds:
    • (a) for a federal individual income tax return that is allowed a married filing separately status, $25,000;
    • (b) for a federal individual income tax return that is allowed a single filing status, $30,000;
    • (c) for a federal individual income tax return that is allowed a head of household filing status, $50,000; or
    • (d) for a return under this chapter that is allowed a joint filing status, $50,000.
  • (5) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may make rules governing the calculation and method for claiming the tax credit described in this section.




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