Utah Educational Savings Plan tax credit

# (1)

As used in this section:

# (a)

"Account owner" means the same as that term is defined in Section 53H-10-101.

# (b)

"Grantor trust" means the same as that term is defined in Section 53H-10-201.

# (c)

"Higher education costs" means the same as that term is defined in Section 53H-10-201.

# (d)

"Maximum amount of a qualified investment for the taxable year" means, for a taxable year, the product of the percentage listed in Subsection 59-10-104(2) and:

(i) subject to Subsection (1)(d)(iii), for a claimant, estate, or trust that is an account owner, if that claimant, estate, or trust is other than husband and wife account owners who file a single return jointly, the maximum amount of a qualified investment:

(A) listed in Subsection 53H-10-205(1)(e)(ii); and

(B) increased or kept for that taxable year in accordance with Subsections 53H-10-205(1)(f) and (g);

(ii) subject to Subsection (1)(d)(iii), for claimants who are husband and wife account owners who file a single return jointly, the maximum amount of a qualified investment:

(A) listed in Subsection 53H-10-205(1)(e)(iii); and

(B) increased or kept for that taxable year in accordance with Subsections 53H-10-205(1)(f) and (g); or

(iii) for a grantor trust:

(A) if the owner of the grantor trust has a single filing status or head of household filing status as defined in Section 59-10-1018, the amount described in Subsection (1)(d)(i); or

(B) if the owner of the grantor trust has a joint filing status as defined in Section 59-10-1018, the amount described in Subsection (1)(d)(ii).

# (e)

"Owner of the grantor trust" means the same as that term is defined in Section 53H-10-201.

# (f)

"Qualified investment" means the same as that term is defined in Section 53H-10-201.

# (2)

Except as provided in Section 59-10-1002.2 and subject to the other provisions of this section, a claimant, estate, or trust that is an account owner may claim a nonrefundable tax credit equal to the product of:

# (a)

the amount of a qualified investment made:

(i) during the taxable year; and

(ii) into an account owned by the claimant, estate, or trust; and

# (b)

the percentage listed in Subsection 59-10-104(2).

# (3)

A claimant, estate, or trust, or a person other than the claimant, estate, or trust, may make a qualified investment described in Subsection (2).

# (4)

A claimant, estate, or trust that is an account owner may not claim a tax credit under this section with respect to any portion of a qualified investment described in Subsection (2) that a claimant, estate, trust, or person described in Subsection (3) deducts on a federal income tax return.

# (5)

A tax credit under this section may not exceed the maximum amount of a qualified investment for the taxable year.

# (6)

A claimant, estate, or trust that is an account owner may not carry forward or carry back the tax credit under this section.