Section 1045 – Nonrefundable tax credit for taxes paid by pass-through entity.

• (1) As used in this section, “taxed pass-through entity taxpayer” means a resident or nonresident individual who:
  • (a) has income attributed to the individual by a pass-through entity;
  • (b) receives the income described in Subsection (1)(a) after the pass-through entity pays the tax described in Subsection 59-10-1403.2(2); and
  • (c) adds the amount of tax paid on the income described in Subsection (1)(a) to adjusted gross income in accordance with Subsection 59-10-114(1)(i).

• (2)
  • (a) A taxed pass-through entity taxpayer may claim a nonrefundable tax credit for the taxes imposed under Subsection 59-10-1403.2(2).
  • (b) The tax credit is equal to the amount of the tax paid under Subsection 59-10-1403.2(2) by the pass-through entity on the income attributed to the taxed pass-through entity taxpayer.

• (3)
  • (a) A taxed pass-through entity taxpayer may carry forward the amount of the tax credit that exceeds the taxed pass-through entity’s tax liability for a period that does not exceed the next five taxable years.
  • (b) A taxed pass-through entity taxpayer may not carry back the amount of the tax credit that exceeds the taxed pass-through entity’s tax liability for the taxable year.

Enacted by Chapter 238, 2022 General Session

Technically renumbered to avoid duplication of enacted Section also enacted in SB 59, Chapter 12.