Terms Used In Utah Code > Title 59 > Chapter 7 > Part 3 - Allocation and Apportionment of Income - Utah UDITPA Provisions

• Adjusted income: means unadjusted income as modified by Sections 59-7-105 and 59-7-106. See Utah Code 59-7-101
• Aircraft type: means a particular model of aircraft as designated by the manufacturer of the aircraft. See Utah Code 59-7-302
• Airline: means the same as that term is defined in Section 59-2-102. See Utah Code 59-7-302
• Airline revenue ton miles: means , for an airline, the total revenue ton miles during the airline's tax period. See Utah Code 59-7-302
• Business income: means income that:
            (1)(d)(i) is apportionable under the United States Constitution and is not allocated under the laws of this state, including income arising from:

                 (1)(d)(i)(A) a transaction or activity in the regular course of the taxpayer's trade or business; and

                 (1)(d)(i)(B) tangible and intangible property, if the acquisition, management, employment, development, or disposition of the property is or was related to the operation of the taxpayer's trade or business; or
            (1)(d)(ii) would be allocable to this state under the United States Constitution, but is apportioned rather than allocated in accordance with the laws of this state. See Utah Code 59-7-302
• Commercial domicile: means the principal place from which the trade or business of the taxpayer is directed or managed. See Utah Code 59-7-302
• Compensation: means wages, salaries, commissions, and any other form of remuneration paid to employees for personal services. See Utah Code 59-7-302
• Contract: A legal written agreement that becomes binding when signed.
• Doing business: includes any transaction in the course of business by a domestic corporation or by a foreign corporation qualified to do or doing business in this state. See Utah Code 59-7-101
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Income: includes losses. See Utah Code 59-7-101
• Intangible property: Property that has no intrinsic value, but is merely the evidence of value such as stock certificates, bonds, and promissory notes.
• Internal Revenue Code: means Title 26 of the United States Code as effective during the year in which Utah taxable income is determined. See Utah Code 59-7-101
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• mobile flight equipment: means the same as that term is defined in Section 59-2-102. See Utah Code 59-7-302
• Optional apportionment taxpayer: means a taxpayer described in Subsection (3). See Utah Code 59-7-302
• Personal property: All property that is not real property.
• Personal property: includes :
       (25)(a) money;
       (25)(b) goods;
       (25)(c) chattels;
       (25)(d) effects;
       (25)(e) evidences of a right in action;
       (25)(f) a written instrument by which a pecuniary obligation, right, or title to property is created, acknowledged, transferred, increased, defeated, discharged, or diminished; and
       (25)(g) a right or interest in an item described in Subsections (25)(a) through (f). See Utah Code 68-3-12.5
• Phased-in sales factor weighted taxpayer: means a taxpayer that:
            (1)(k)(i) is not a sales factor weighted taxpayer;
            (1)(k)(ii) does not meet the definition of an optional apportionment taxpayer; or
            (1)(k)(iii) for a taxable year beginning on or after January 1, 2020:

                 (1)(k)(iii)(A) meets the definition of an optional apportionment taxpayer; and

                 (1)(k)(iii)(B) apportioned business income using the method described in Subsection 59-7-311(4) during the previous taxable year. See Utah Code 59-7-302
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• real property: includes :
       (31)(a) land;
       (31)(b) a tenement;
       (31)(c) a hereditament;
       (31)(d) a water right;
       (31)(e) a possessory right; and
       (31)(f) a claim. See Utah Code 68-3-12.5
• return: includes a combined report. See Utah Code 59-7-101
• Sales: means all gross receipts of the taxpayer not allocated under Sections 59-7-306 through 59-7-310. See Utah Code 59-7-302
• Sales factor weighted taxpayer: means a taxpayer described in Subsection (2). See Utah Code 59-7-302
• State: means any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, and any foreign country or political subdivision thereof. See Utah Code 59-7-302
• taxable year: includes the period for which such return is made. See Utah Code 59-7-101
• Taxpayer: means any corporation subject to the tax imposed by this chapter. See Utah Code 59-7-101
• Trustee: A person or institution holding and administering property in trust.
• Unitary group: includes a captive real estate investment trust. See Utah Code 59-7-101
• United States: includes the 50 states and the District of Columbia. See Utah Code 59-7-101
• Utah revenue ton miles: means , for an airline, the total revenue ton miles within the borders of this state:
            (1)(q)(i) during the airline's tax period; and
            (1)(q)(ii) from flight stages that originate or terminate in this state. See Utah Code 59-7-302