Definitions.

Checkout our iOS App for a better way to browser and research.



  • (1) "Alternative energy" means the same as that term is defined in Section 59-12-102.
  • (2)
    • (a) "Alternative energy entity" means a person that:
      • (i) conducts business within the state; and
      • (ii) enters into an agreement with the office that qualifies the person to receive a tax credit.
    • (b) "Alternative energy entity" includes a pass-through entity taxpayer, as defined in Section 59-10-1402, of a person described in Subsection (2)(a).
  • (3) "Alternative energy project" means a project produced by an alternative energy entity if that project involves:
    • (a) a new or expanding operation in the state; and
    • (b)
      • (i) utility-scale alternative energy generation; or
      • (ii) the extraction of alternative fuels.
  • (4) "New incremental job within the state" means, with respect to an alternative energy entity, an employment position that:
    • (a) did not exist within the state before:
      • (i) the alternative energy entity entered into an agreement with the office in accordance with Section 79-6-503; and
      • (ii) the alternative energy project began;
    • (b) is not shifted from one location in the state to another location in the state; and
    • (c) is established to the satisfaction of the office, including by amounts paid or withheld by the alternative energy entity under Title 59, Chapter 10, Individual Income Tax Act.
  • (5) "New state revenues" means an increased amount of tax revenues generated as a result of an alternative energy project by an alternative energy entity or a new incremental job within the state under the following:
    • (a)Title 59, Chapter 7, Corporate Franchise and Income Taxes;
    • (b)Title 59, Chapter 10, Individual Income Tax Act; and
    • (c)Title 59, Chapter 12, Sales and Use Tax Act.
  • (6) "Office" means the Office of Energy Development created in Section 79-6-401.
  • (7) "Tax credit" means a tax credit under Section 59-7-614.7 or 59-10-1029.
  • (8) "Tax credit applicant" means an alternative energy entity that applies to the office to receive a tax credit certificate under this part.
  • (9) "Tax credit certificate" means a certificate issued by the office that:
    • (a) lists the name of the tax credit certificate recipient;
    • (b) lists the tax credit certificate recipient's taxpayer identification number;
    • (c) lists the amount of the tax credit certificate recipient's tax credits authorized under this part for a taxable year; and
    • (d) includes other information as determined by the office.
  • (10) "Tax credit certificate recipient" means an alternative energy entity that receives a tax credit certificate for a tax credit in accordance with this part.




Download our app to see the most-to-date content.