(1) As used in this section:

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Terms Used In Utah Code 59-10-1035

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • claimant: means a resident or nonresident person that has state taxable income. See Utah Code 59-10-1002
  • Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
  • estate: means a nonresident estate or a resident estate that has state taxable income. See Utah Code 59-10-1002
  • 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:
         (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
  • trust: means a nonresident trust or a resident trust that has state taxable income. See Utah Code 59-10-1002
     (1)(a) “Account” means an account in a qualified ABLE program where the designated beneficiary of the account is a resident of this state.
     (1)(b) “Contributor” means a claimant, estate, or trust that:

          (1)(b)(i) makes a contribution to an account; and
          (1)(b)(ii) receives a statement from the qualified ABLE program itemizing the contribution.
     (1)(c) “Designated beneficiary” means the same as that term is defined in 26 U.S.C. § 529A.
     (1)(d) “Qualified ABLE program” means the same as that term is defined in Section 35A-12-102.
(2) A contributor to an account may claim a nonrefundable tax credit as provided in this section.
(3) Subject to the other provisions of this section, the tax credit is equal to the product of:

     (3)(a) the percentage listed in Subsection 59-10-104(2); and
     (3)(b) the total amount of contributions:

          (3)(b)(i) the contributor makes for the taxable year; and
          (3)(b)(ii) for which the contributor receives a statement from the qualified ABLE program itemizing the contributions.
(4) A contributor may not claim a tax credit under this section:

     (4)(a) for an amount of excess contribution to an account that is returned to the contributor; or
     (4)(b) with respect to an amount the contributor deducts on a federal income tax return.
(5) A tax credit under this section may not be carried forward or carried back.