Definitions.

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  • (1) "Business applicant" means a business that:
    • (a) is a claimant, estate, or trust; and
    • (b) meets the criteria established in Section 63N-2-304.
  • (2)
    • (a) Except as provided in Subsection (2)(b), "claimant" means a resident person or a nonresident person.
    • (b) "Claimant" does not include an estate or trust.
  • (3) "Community investment project" means a project that includes one or more of the following criteria in addition to the normal operations of the business applicant:
    • (a) significant new employment; or
    • (b) significant new capital development.
  • (4) "Enterprise zone" means an area within a county or municipality that has been designated as an enterprise zone by the office under Part 2, Enterprise Zone Act.
  • (5) "Estate" means a resident estate or a nonresident estate.
  • (6) "Refundable tax credit" means a tax credit that a claimant, estate, or trust may claim:
    • (a) as provided by statute; and
    • (b) regardless of whether, for the taxable year for which the claimant, estate, or trust claims the tax credit, the claimant, estate, or trust has a tax liability under:
      • (i)Title 59, Chapter 7, Corporate Franchise and Income Taxes; or
      • (ii)Title 59, Chapter 10, Individual Income Tax Act.
  • (7) "Targeted business income tax credit" means a refundable tax credit available under this part.
  • (8) "Targeted business income tax credit eligibility certificate" means a document provided by the office to a business applicant before the applicant may claim a targeted business income tax credit under this part.
  • (9) "Trust" means a resident trust or a nonresident trust.




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