Tax credit certificate.

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  • (1) An employer shall provide written notice to the department as provided in the participation agreement described in Section 35A-5-304.
  • (2) The department shall determine whether an employer has met the requirements of the participation agreement under Section 35A-5-304 to receive a tax credit certificate after the employer provides the written notice described in Subsection (1) to the department.
  • (3) Subject to the other provisions of this section, if the department determines that an employer has met the requirements of the participation agreement under Section 35A-5-304 to receive a tax credit certificate, the department may issue a tax credit certificate to the employer.
  • (4) A tax credit certificate under this section:
    • (a) shall list the amount of tax credit allowable for the taxable year in an amount that does not exceed $2,000;
    • (b) shall list the name and federal employer number of the employer;
    • (c) shall list the name, Social Security identification number, and current address of the person who is homeless with respect to whom the employer has met the wage requirement; and
    • (d) may include any other information required by the department.
  • (5) Subject to Subsections (6) and (7), the department shall issue tax credit certificates under this section in the order that the department receives the written notice described in Subsection (1).
  • (6) The department may not issue tax credit certificates that total more than $100,000 in a fiscal year.
  • (7)
    • (a) Subject to Subsection (7)(b), if the department would have issued tax credit certificates that total more than $100,000 in a fiscal year but for the limit provided in Subsection (6), the department shall issue the tax credit certificates that exceed $100,000 in the next fiscal year.
    • (b) If the department issues tax credit certificates in accordance with Subsection (7)(a):
      • (i) the tax credit certificates may not total more than $100,000; and
      • (ii) the department may not issue tax credit certificates for an amount that exceeds the limit described in Subsection (7)(b)(i) in a future fiscal year.
  • (8) The department shall provide a copy of a tax credit certificate the department issues under this section to the State Tax Commission.




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