Utah Code 59-10-1114. Refundable adoption expense tax credit
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(1) As used in this section:
Terms Used In Utah Code 59-10-1114
- claimant: means a resident or nonresident person. See Utah Code 59-10-1102
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- 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
- tax credit: means a tax credit that a claimant, estate, or trust may claim:(3)(a) as provided by statute; and(3)(b) regardless of whether the claimant, estate, or trust has a tax liability under this chapter for a taxable year. See Utah Code 59-10-1102(1)(a) “Adoption expense” means the same as that term is defined in Section 59-10-1046.(1)(b) “Domestic adoption” means the same as that term is defined in Section 59-10-1046.(1)(c) “Qualifying child” means the same as that term is defined in Section 59-10-1046.(1)(d) “Qualifying claimant” means a claimant:(1)(d)(i) whose adjusted gross income is:(1)(d)(i)(A) for a claimant who files a federal income tax return jointly with the claimant’s spouse, less than $55,000; and(1)(d)(i)(B) for a claimant who files a federal income tax return other than jointly, less than $27,500;(1)(d)(ii) who did not, and if the claimant is married, whose spouse did not, receive state or federal assistance during the taxable year in which the adoption is finalized; and(1)(d)(iii) who applies for and receives a certification described in Section 35A-1-111 from the Department of Workforce Services.(1)(e) “State or federal assistance” means the same as that term is defined in Section 59-10-1046.
(2)
(2)(a) Subject to Section 59-10-1102.1 and other provisions of this Subsection (2), a qualifying claimant is eligible to claim a refundable tax credit equal to the lesser of:
(2)(a)(i) $3,500; or
(2)(a)(ii) the amount of the qualifying claimant’s adoption expenses.
(2)(b) A qualifying claimant who claims the tax credit described in Subsection (2)(a) shall claim the tax credit for the taxable year in which the adoption is finalized.
(3) A qualifying claimant may not claim a credit under this section to the extent that the qualifying claimant claims a federal tax credit under 26 U.S.C. § 23 for the same adoption expense.
(4) A qualifying claimant who is married may claim a tax credit under this section only if the qualifying claimant and the qualifying claimant’s spouse file a joint federal income tax return.