Terms Used In Utah Code > Title 63N > Chapter 8 - Motion Picture Incentives

• Adjudicative proceeding: means :
       (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
       (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
• Affiliated business: means the gross transaction revenue of a title entity's title insurance business in the state that is the result of an affiliated business arrangement. See Utah Code 31A-23a-1001
• Affiliated business arrangement: means the same as that term is defined in Utah Code 31A-23a-1001
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Associate: means the same as that term is defined in Utah Code 31A-23a-1001
• Commission: means the Unified Economic Opportunity Commission created in Section 63N-1a-201. See Utah Code 63N-1a-102
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Deadline: means a final date or time:
       (44)(a) imposed by:

            (44)(a)(i) statute;

            (44)(a)(ii) rule; or

            (44)(a)(iii) order; and
       (44)(b) by which a required filing or payment must be received by the department. See Utah Code 31A-1-301
• Department: means the Insurance Department. See Utah Code 31A-1-301
• Digital media company: means a company engaged in the production of a digital media project. See Utah Code 63N-8-102
• Digital media project: means all or part of a production of interactive entertainment or animated production that is produced for distribution in commercial or educational markets, which shall include projects intended for Internet or wireless distribution. See Utah Code 63N-8-102
• Director: means a member of the board of directors of a corporation. See Utah Code 31A-1-301
• Division: means the Division of Real Estate created in Section 61-2-201. See Utah Code 31A-23a-1001
• Dollars left in the state: means expenditures made in the state for a state-approved production, including:
       (3)(a) an expenditure that is subject to:

            (3)(a)(i) a corporate franchise or income tax under Title 59, Chapter 7, Corporate Franchise and Income Taxes;

            (3)(a)(ii) an individual income tax under Title 59, Chapter 10, Individual Income Tax Act;

            (3)(a)(iii) a sales and use tax under Title 59, Chapter 12, Sales and Use Tax Act, notwithstanding any sales and use tax exemption allowed by law; or

            (3)(a)(iv) a combination of Subsections (3)(a)(i), (ii), and (iii);
       (3)(b) payments made to a nonresident only to the extent of the income tax paid to the state on the payments, the amount of per diems paid in the state, and other direct reimbursements transacted in the state; and
       (3)(c) payments made to a payroll company or loan-out corporation that is registered to do business in the state, only to the extent of the amount of withholding under Section 59-10-402. See Utah Code 63N-8-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Individual: means a natural person. See Utah Code 31A-1-301
• Insurance: includes :
            (96)(b)(i) a risk distributing arrangement providing for compensation or replacement for damages or loss through the provision of a service or a benefit in kind;
            (96)(b)(ii) a contract of guaranty or suretyship entered into by the guarantor or surety as a business and not as merely incidental to a business transaction; and
            (96)(b)(iii) a plan in which the risk does not rest upon the person who makes an arrangement, but with a class of persons who have agreed to share the risk. See Utah Code 31A-1-301
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
• License: includes a certificate of authority issued to an insurer. See Utah Code 31A-1-301
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Loan-out corporation: means a corporation owned by one or more artists that provides services of the artists to a third party production company. See Utah Code 63N-8-102
• Motion picture company: means a company engaged in the production of:
       (5)(a) motion pictures;
       (5)(b) television series; or
       (5)(c) made-for-television movies. See Utah Code 63N-8-102
• Motion picture incentive: means either a cash rebate from the Motion Picture Incentive Account or a refundable tax credit under Section Utah Code 63N-8-102
• New or newly affiliated title entity: means a title entity that:
       (7)(a) is licensed as a title entity for the first time on or after May 14, 2019; or
       (7)(b)

            (7)(b)(i) is licensed as a title entity before May 14, 2019; and

            (7)(b)(ii) enters into an affiliated business arrangement for the first time on or after May 14, 2019. See Utah Code 31A-23a-1001
• New state revenue: means :
       (7)(a) incremental new state sales and use tax revenue generated as a result of a digital media project that a digital media company pays under Title 59, Chapter 12, Sales and Use Tax Act;
       (7)(b) incremental new state tax revenue that a digital media company pays as a result of a digital media project under:

            (7)(b)(i) Title 59, Chapter 7, Corporate Franchise and Income Taxes;

            (7)(b)(ii) Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and Information;

            (7)(b)(iii) Title 59, Chapter 10, Part 2, Trusts and Estates;

            (7)(b)(iv) Title 59, Chapter 10, Part 4, Withholding of Tax; or

            (7)(b)(v) a combination of Subsections (7)(b)(i), (ii), (iii), and (iv);
       (7)(c) incremental new state revenue generated as individual income taxes under Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and Information, paid by employees of the new digital media project as evidenced by payroll records from the digital media company; or
       (7)(d) a combination of Subsections (7)(a), (b), and (c). See Utah Code 63N-8-102
• Order: means an order of the commissioner. See Utah Code 31A-1-301
• Payroll company: means a business entity that handles the payroll and becomes the employer of record for the staff, cast, and crew of a motion picture production. See Utah Code 63N-8-102
• Person: includes :
       (146)(a) an individual;
       (146)(b) a partnership;
       (146)(c) a corporation;
       (146)(d) an incorporated or unincorporated association;
       (146)(e) a joint stock company;
       (146)(f) a trust;
       (146)(g) a limited liability company;
       (146)(h) a reciprocal;
       (146)(i) a syndicate; or
       (146)(j) another similar entity or combination of entities acting in concert. See Utah Code 31A-1-301
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
• Proceeding: includes an action or special statutory proceeding. See Utah Code 31A-1-301
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Producer: means the same as the term "person who is in a position to refer settlement service business" is defined in Utah Code 31A-23a-1001
• Refundable tax credit: means a refundable motion picture tax credit authorized under Section 63N-8-103 and claimed under Section Utah Code 63N-8-102
• RESPA: means the federal Real Estate Settlement Procedures Act, Utah Code 31A-23a-1001
• Restricted account: means the Motion Picture Incentive Account created in Section 63N-8-103. See Utah Code 63N-8-102
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
• State revenue: means state tax liability paid by a business entity or a business entity's employees under any combination of the following provisions:
       (12)(a) Title 59, Chapter 7, Corporate Franchise and Income Taxes;
       (12)(b) Title 59, Chapter 10, Part 1, Determination and Reporting of Tax Liability and Information;
       (12)(c) Title 59, Chapter 10, Part 2, Trusts and Estates;
       (12)(d) Title 59, Chapter 10, Part 4, Withholding of Tax; and
       (12)(e) Title 59, Chapter 12, Sales and Use Tax Act. See Utah Code 63N-1a-102
• State-approved production: means a production under Subsections (2) and (5) that is:
       (12)(a) approved by the office and ratified by the Board of Tourism Development created in Section 63N-7-201; and
       (12)(b) produced in the state by a motion picture company. See Utah Code 63N-8-102
• Subpoena: A command to a witness to appear and give testimony.
• Sufficient capital and net worth: means :
       (11)(a) for a new or newly affiliated title entity:

            (11)(a)(i) $100,000 for the first five years after becoming a new or newly affiliated title entity; or

            (11)(a)(ii) after the first five years after becoming a new or newly affiliated title entity, the greater of:

                 (11)(a)(ii)(A) $50,000; or

                 (11)(a)(ii)(B) on February 1 of each year, an amount equal to 5% of the title entity's average annual gross revenue over the preceding two calendar years, up to $150,000; or
       (11)(b) for a title entity licensed before May 14, 2019, who is not a new or newly affiliated title entity:

            (11)(b)(i) for the time period beginning on February 1, 2020, and ending on January 31, 2029, the lesser of:

                 (11)(b)(i)(A) an amount equal to the applicable percentage of the title entity's average annual gross revenue over the two calendar years immediately preceding the February 1 on which the applicable percentage first applies; or

                 (11)(b)(i)(B) $150,000; and

            (11)(b)(ii) beginning on February 1, 2029, the greater of:

                 (11)(b)(ii)(A) $50,000; or

                 (11)(b)(ii)(B) an amount equal to 5% of the title entity's average annual gross revenue over the preceding two calendar years, up to $150,000. See Utah Code 31A-23a-1001
• Tax credit certificate: means a certificate issued by the office that:
       (14)(a) lists the name of the applicant;
       (14)(b) lists the applicant's taxpayer identification number;
       (14)(c) lists the amount of tax credit that the office awards the applicant for the taxable year; and
       (14)(d) may include other information as determined by the office. See Utah Code 63N-8-102
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Title entity: means :
       (12)(a) a title licensee as defined in Section 31A-2-402; or
       (12)(b) a title insurer as defined in Section 31A-23a-415. See Utah Code 31A-23a-1001
• Title insurance: means the insuring, guaranteeing, or indemnifying of an owner of real or personal property or the holder of liens or encumbrances on that property, or others interested in the property against loss or damage suffered by reason of liens or encumbrances upon, defects in, or the unmarketability of the title to the property, or invalidity or unenforceability of any liens or encumbrances on the property. See Utah Code 31A-1-301