Definitions.

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  • (1) "Gross income" is as defined in Section 61, Internal Revenue Code.
  • (2) "Income tax" means a tax imposed under:
    • (a)Chapter 7, Corporate Franchise and Income Taxes; or
    • (b)Chapter 10, Individual Income Tax Act.
  • (3) "Income tax return" means a return filed under:
    • (a)Chapter 7, Corporate Franchise and Income Taxes; or
    • (b)Chapter 10, Individual Income Tax Act.
  • (4) "Listed transaction" means a reportable transaction that is the same as, or substantially similar to, a transaction or arrangement specifically identified as a listed transaction by the:
    • (a) United States Secretary of the Treasury in written materials interpreting the requirements of Section 6011, Internal Revenue Code; or
    • (b) commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
  • (5) "Material advisor" is as defined in Section 6111, Internal Revenue Code.
  • (6) "Reportable transaction" means a transaction or arrangement that:
    • (a) is carried out through or invested in by one or more entities that:
      • (i) are organized in this state;
      • (ii) do business in this state;
      • (iii) derive gross income from sources within this state;
      • (iv) are subject to income tax; or
      • (v) are otherwise subject to the jurisdiction of this state; and
    • (b) is:
      • (i) a transaction or arrangement described in 26 C.F.R. Sec. 1.6011-4(b)(2) through (7); or
      • (ii) a reportable transaction as described by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
  • (7) "Taxpayer" means a person that is required to file an income tax return.
  • (8) "Unitary group" is as defined in Section 59-7-101.




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