Definitions -- Tax credit for live organ donation expenses -- Rulemaking authority

# (1)

As used in this section:

# (a)

"human organ" means:

(i) human bone marrow; or

(ii) any part of a human:

(A) intestine;

(B) kidney;

(C) liver;

(D) lung; or

(E) pancreas;

# (b)

"live organ donation" means that an individual who is living donates one or more of that individual's human organs:

(i) to another human; and

(ii) to be transplanted:

(A) using a medical procedure; and

(B) to the body of the other human; and

# (c)

(i)
"live organ donation expenses" means the total amount of expenses:

(A) incurred by a claimant; and

(B) that:

(I) are not reimbursed to that claimant by any person;

(II) are directly related to a live organ donation by:

(Aa) the claimant; or

(Bb) another individual that the claimant is allowed to claim as a dependent in accordance with Section 151, Internal Revenue Code; and

(III) are for:

(Aa) travel;

(Bb) lodging; or

(Cc) a lost wage; and

(ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may by rule define "lost wage."

# (2)

For taxable years beginning on or after January 1, 2005, a claimant may claim a nonrefundable tax credit:

# (a)

as provided in this section;

# (b)

against taxes otherwise due under this chapter;

# (c)

for live organ donation expenses incurred during the taxable year for which the live organ donation occurs; and

# (d)

in an amount equal to the lesser of:

(i) the actual amount of the live organ donation expenses; or

(ii)
$10,000.

# (3)

If the amount of a tax credit under this section exceeds a claimant's tax liability under this chapter for a taxable year, the amount of the tax credit that exceeds the claimant's tax liability may be carried forward for a period that does not exceed the next five taxable years.