Utah Code 59-10-1015. Definitions — Tax credit for live organ donation expenses — Rulemaking authority
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(1) As used in this section:
Terms Used In Utah Code 59-10-1015
- claimant: means a resident or nonresident person that has state taxable income. See Utah Code 59-10-1002
- Dependent: A person dependent for support upon another.
- Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
- Individual: means a natural person and includes aliens and minors. See Utah Code 59-10-103
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- tax credit: means a tax credit that a claimant, estate, or trust may:(3)(a) claim:(3)(a)(i) as provided by statute; and(3)(a)(ii) in an amount that does not exceed the claimant's, estate's, or trust's tax liability under this chapter for a taxable year; and(3)(b) carry forward or carry back:(3)(b)(i) if allowed by statute; and(3)(b)(ii) unless otherwise provided in statute, to the extent that the amount of the tax credit exceeds the claimant's, estate's, or trust's tax liability under this chapter for a taxable year. See Utah Code 59-10-1002
(1)(a) “human organ” means:
(1)(a)(i) human bone marrow; or
(1)(a)(ii) any part of a human:
(1)(a)(ii)(A) intestine;
(1)(a)(ii)(B) kidney;
(1)(a)(ii)(C) liver;
(1)(a)(ii)(D) lung; or
(1)(a)(ii)(E) pancreas;
(1)(b) “live organ donation” means that an individual who is living donates one or more of that individual’s human organs:
(1)(b)(i) to another human; and
(1)(b)(ii) to be transplanted:
(1)(b)(ii)(A) using a medical procedure; and
(1)(b)(ii)(B) to the body of the other human; and
(1)(c)
(1)(c)(i) “live organ donation expenses” means the total amount of expenses:
(1)(c)(i)(A) incurred by a claimant; and
(1)(c)(i)(B) that:
(1)(c)(i)(B)(I) are not reimbursed to that claimant by any person;
(1)(c)(i)(B)(II) are directly related to a live organ donation by:
(1)(c)(i)(B)(II)(Aa) the claimant; or
(1)(c)(i)(B)(II)(Bb) another individual that the claimant is allowed to claim as a dependent in accordance with Section 151, Internal Revenue Code; and
(1)(c)(i)(B)(III) are for:
(1)(c)(i)(B)(III)(Aa) travel;
(1)(c)(i)(B)(III)(Bb) lodging; or
(1)(c)(i)(B)(III)(Cc) a lost wage; and
(1)(c)(ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , the commission may by rule define “lost wage.”
(2) For taxable years beginning on or after January 1, 2005, a claimant may claim a nonrefundable tax credit:
(2)(a) as provided in this section;
(2)(b) against taxes otherwise due under this chapter;
(2)(c) for live organ donation expenses incurred during the taxable year for which the live organ donation occurs; and
(2)(d) in an amount equal to the lesser of:
(2)(d)(i) the actual amount of the live organ donation expenses; or
(2)(d)(ii) $10,000.
(3) If the amount of a tax credit under this section exceeds a claimant’s tax liability under this chapter for a taxable year, the amount of the tax credit that exceeds the claimant’s tax liability may be carried forward for a period that does not exceed the next five taxable years.