Utah Code 59-7-111. Safe harbor lease provisions
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(1)
Terms Used In Utah Code 59-7-111
- Amortization: Paying off a loan by regular installments.
- Income: includes losses. See Utah Code 59-7-101
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Safe harbor lease: means a lease that qualified as a safe harbor lease under Section 168, Internal Revenue Code. See Utah Code 59-7-101
- Unadjusted income: includes deferred foreign income described in Section 965(a), Internal Revenue Code. See Utah Code 59-7-101
(1)(a) For purchasers or lessors of safe harbor leases, the following additions shall be made to unadjusted income:
(1)(a)(i) interest expense; and
(1)(a)(ii) depreciation claimed on safe harbor lease property.
(1)(b) For purchasers or lessors of safe harbor leases, the following subtractions shall be made from unadjusted income:
(1)(b)(i) rental income; and
(1)(b)(ii) amortization of the purchase price of tax benefits.
(2)
(2)(a) For sellers or lessees of safe harbor leases the following additions shall be made from unadjusted income:
(2)(a)(i) the amount of gain on the sale of federal tax benefits; and
(2)(a)(ii) rental expense on safe harbor lease property.
(2)(b) For sellers or lessees of safe harbor leases the following subtractions shall be made to unadjusted income:
(2)(b)(i) interest income; and
(2)(b)(ii) depreciation on safe harbor lease property.