Section 1019 – Definitions — Nonrefundable retirement tax credit.

• (1) As used in this section:
  • (a) “Eligible claimant” means a claimant, regardless of whether that claimant is retired, who was born on or before December 31, 1952.
  • (b) “Head of household filing status” means the same as that term is defined in Section 59-10-1018.
  • (c) “Joint filing status” means the same as that term is defined in Section 59-10-1018.
  • (d) “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.
  • (e) “Modified adjusted gross income” means the sum of the following for an eligible claimant or, if the eligible claimant’s return under this chapter is allowed a joint filing status, the eligible claimant and the eligible 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)(e)(i); and
    • (iii) any addition to adjusted gross income required by Section 59-10-114 for the taxable year described in Subsection (1)(e)(i).
  • (f) “Single filing status” means a single individual who files a single federal individual income tax return for the taxable year.

• (2) Except as provided in Section 59-10-1002.2 and Subsections (3) and (4), each eligible claimant may claim a nonrefundable tax credit of $450 against taxes otherwise due under this part.

• (3) An eligible claimant may not:
  • (a) carry forward or carry back the amount of a tax credit under this section that exceeds the eligible claimant’s tax liability for the taxable year; or
  • (b) claim a tax credit under this section for a taxable year if a tax credit under Section 59-10-1042 or 59-10-1043 is claimed on the claimant’s return for the same taxable year.

• (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, $16,000;
  • (b) for a federal individual income tax return that is allowed a single filing status, $25,000;
  • (c) for a federal individual income tax return that is allowed a head of household filing status, $32,000; or
  • (d) for a return under this chapter that is allowed a joint filing status, $32,000.

Amended by Chapter 258, 2022 General Session