(1)

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In Utah Code 59-2-1209

  • claimant: includes a surviving spouse:
              (1)(b)(i) regardless of:
                   (1)(b)(i)(A) the age of the surviving spouse; or
                   (1)(b)(i)(B) the age of the deceased spouse at the time of death;
              (1)(b)(ii) if the surviving spouse meets the requirements of this part except for the age requirement;
              (1)(b)(iii) if the surviving spouse is part of the same household of the deceased spouse at the time of death of the deceased spouse; and
              (1)(b)(iv) if the surviving spouse is unmarried at the time the surviving spouse files the claim. See Utah Code 59-2-1202
  • 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
  • Gross rent: means rent actually paid in cash or its equivalent solely for the right of occupancy, at arm's-length, of a residence, exclusive of charges for any utilities, services, furniture, furnishings, or personal appliances furnished by the landlord as a part of the rental agreement. See Utah Code 59-2-1202
  • Homeowner: means :
              (4)(a)(i) an individual whose name is listed on the deed of a residence; or
              (4)(a)(ii) if a residence is owned in a qualifying trust, an individual who is a grantor, trustor, or settlor or holds another similar role in the trust. See Utah Code 59-2-1202
  • Household: means the association of individuals who live in the same dwelling, sharing the dwelling's furnishings, facilities, accommodations, and expenses. See Utah Code 59-2-1202
  • household income: means all income received by all members of a claimant's household in:
              (7)(a)(i) for a claimant who owns a residence, the calendar year preceding the calendar year in which property taxes are due; or
              (7)(a)(ii) for a claimant who rents a residence, the year for which a claim is filed. See Utah Code 59-2-1202
  • Income: means the sum of:
         (8)(a) federal adjusted gross income as defined in Section 62, Internal Revenue Code; and
         (8)(b) nontaxable income. See Utah Code 59-2-1202
  • Rental assistance payment: means any payment that:
              (13)(a)(i) is made by a:
                   (13)(a)(i)(A) governmental entity;
                   (13)(a)(i)(B) charitable organization; or
                   (13)(a)(i)(C) religious organization; and
              (13)(a)(ii) is specifically designated for the payment of rent of a claimant:
                   (13)(a)(ii)(A) for the calendar year for which the claimant seeks a renter's credit under this part; and
                   (13)(a)(ii)(B) regardless of whether the payment is made to the claimant or the landlord. See Utah Code 59-2-1202
     (1)(a) Subject to Subsections (2) and (3), for a calendar year beginning on or after January 1, 2021, a claimant may claim a renter’s credit for the previous calendar year that does not exceed the following amounts:

If household income isPercentage of gross rent allowed as a credit$0 — $11,7859.5%$11,786 — $15,7168.5%$15,717 — $19,6437.0%$19,644 — $23,5725.5%$23,573 — $27,5034.0%$27,504 — $31,1983.0%$31,199 — $34,6662.5%

     (1)(b) For a calendar year beginning on or after January 1, 2022, the commission shall increase or decrease the household income eligibility amounts under Subsection (1)(a) by a percentage equal to the percentage difference between the Consumer Price Index housing for the preceding calendar year and the Consumer Price Index housing for calendar year 2020.
(2) A claimant may claim a renter’s credit under this part only for gross rent that does not constitute a rental assistance payment.
(3) For purposes of calculating gross rent when a claimant’s rent includes electricity or natural gas and the utility amount is not itemized in the statement provided in accordance with Section 59-2-1213, the commission shall deduct from rent:

     (3)(a) 7% of rent if the rent includes electricity or natural gas but not both; or
     (3)(b) 13% of rent if the rent includes both electricity and natural gas.
(4) An individual may not receive the renter’s credit under this section if the individual is:

     (4)(a) claimed as a personal exemption on another individual’s federal income tax return during any portion of a calendar year for which the individual seeks to claim the renter’s credit under this section; or
     (4)(b) a dependent with respect to whom another individual claims a tax credit under Section 24(h)(4), Internal Revenue Code, during any portion of a calendar year for which the individual seeks to claim the renter’s credit under this section.
(5) A payment for a renter’s credit allowed by this section, and provided for in Section 59-2-1204, shall be paid from the General Fund.
(6) A credit under this section may not exceed the maximum amount allowed as a homeowner‘s credit for each income bracket under Section 59-2-1208.