As used in this chapter:

(1) “Business entity” means a claimant that is a:

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Terms Used In Utah Code 59-6-101

  • Business entity: means a claimant that is a:
         (1)(a) C corporation;
         (1)(b) S corporation;
         (1)(c) general partnership;
         (1)(d) limited liability company;
         (1)(e) limited liability partnership;
         (1)(f) limited partnership; or
         (1)(g) business entity similar to Subsections (1)(c) through (f):
              (1)(g)(i) with respect to which the business entity's income or losses are divided among and passed through to taxpayers; and
              (1)(g)(ii) as defined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act. See Utah Code 59-6-101
  • claimant: means a resident or nonresident person. See Utah Code 59-6-101
  • 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.
  • Estate: means a nonresident estate or a resident estate. See Utah Code 59-6-101
  • Minerals: means :
         (4)(a) metalliferous minerals as defined in Section 59-2-102;
         (4)(b) nonmetalliferous minerals as defined in Section 59-2-102; or
         (4)(c) a combination of Subsections (4)(a) and (b). See Utah Code 59-6-101
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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
  • Producer: means a person that:
         (5)(a) produces or extracts minerals from deposits in this state; or
         (5)(b) is the first purchaser of minerals produced or extracted from deposits in this state. See Utah Code 59-6-101
  • 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
  • Statute: A law passed by a legislature.
  • tax credit: means a tax credit that a claimant, estate, or trust may claim:
         (6)(a) as provided by statute; and
         (6)(b) regardless of whether the claimant, estate, or trust has a tax liability:
              (6)(b)(i) for a tax imposed under:
                   (6)(b)(i)(A) Chapter 7, Corporate Franchise and Income Taxes;
                   (6)(b)(i)(B) Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to Pay Corporate Franchise or Income Tax Act; or
                   (6)(b)(i)(C) Chapter 10, Individual Income Tax Act; and
              (6)(b)(ii) for the taxable year for which the claimant, estate, or trust claims the tax credit. See Utah Code 59-6-101
  • Taxable year: means the taxable year of a claimant, estate, or trust under:
         (7)(a) Chapter 7, Corporate Franchise and Income Taxes;
         (7)(b) Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to Pay Corporate Franchise or Income Tax Act; or
         (7)(c) Chapter 10, Individual Income Tax Act. See Utah Code 59-6-101
  • Trust: means a nonresident trust or a resident trust. See Utah Code 59-6-101
     (1)(a) C corporation;
     (1)(b) S corporation;
     (1)(c) general partnership;
     (1)(d) limited liability company;
     (1)(e) limited liability partnership;
     (1)(f) limited partnership; or
     (1)(g) business entity similar to Subsections (1)(c) through (f):

          (1)(g)(i) with respect to which the business entity’s income or losses are divided among and passed through to taxpayers; and
          (1)(g)(ii) as defined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(2)

     (2)(a) Except as provided in Subsection (2)(b), “claimant” means a resident or nonresident person.
     (2)(b) “Claimant” does not include an estate or trust.
(3) “Estate” means a nonresident estate or a resident estate.
(4) “Minerals” means:

     (4)(a) metalliferous minerals as defined in Section 59-2-102;
     (4)(b) nonmetalliferous minerals as defined in Section 59-2-102; or
     (4)(c) a combination of Subsections (4)(a) and (b).
(5) “Producer” means a person that:

     (5)(a) produces or extracts minerals from deposits in this state; or
     (5)(b) is the first purchaser of minerals produced or extracted from deposits in this state.
(6) “Refundable tax credit” or “tax credit” means a tax credit that a claimant, estate, or trust may claim:

     (6)(a) as provided by statute; and
     (6)(b) regardless of whether the claimant, estate, or trust has a tax liability:

          (6)(b)(i) for a tax imposed under:

               (6)(b)(i)(A) Chapter 7, Corporate Franchise and Income Taxes;
               (6)(b)(i)(B) Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to Pay Corporate Franchise or Income Tax Act; or
               (6)(b)(i)(C) Chapter 10, Individual Income Tax Act; and
          (6)(b)(ii) for the taxable year for which the claimant, estate, or trust claims the tax credit.
(7) “Taxable year” means the taxable year of a claimant, estate, or trust under:

     (7)(a) Chapter 7, Corporate Franchise and Income Taxes;
     (7)(b) Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to Pay Corporate Franchise or Income Tax Act; or
     (7)(c) Chapter 10, Individual Income Tax Act.
(8) “Tax return” means a return required by:

     (8)(a) Chapter 7, Corporate Franchise and Income Taxes;
     (8)(b) Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to Pay Corporate Franchise or Income Tax Act; or
     (8)(c) Chapter 10, Individual Income Tax Act.
(9) “Trust” means a nonresident trust or a resident trust.
(10) “Withholding return” means a return a producer is required to file under this chapter.