Nonrefundable tax credit for military survivor benefits

# (1)

As used in this section:

# (a)

"Dependent child" means the same as that term is defined in 10 U.S.C. Sec. 1447.

# (b)

"Reserve components" means the same as that term is described in 10 U.S.C. Sec. 10101.

# (c)

"Surviving spouse" means the same as that term is defined in 10 U.S.C. Sec. 1447.

# (d)

"Survivor benefits" means the amount paid by the federal government in accordance with 10 U.S.C. Secs. 1447 through 1455.

# (2)

A surviving spouse or dependent child may claim a nonrefundable tax credit for survivor benefits if the benefits are paid due to:

# (a)

the death of a member of the armed forces or reserve components while on active duty; or

# (b)

the death of a member of the reserve components that results from a service-connected cause while performing inactive duty training.

# (3)

The tax credit described in Subsection (2) is equal to the product of:

# (a)

the amount of survivor benefits that the surviving spouse or dependent child received during the taxable year; and

# (b)

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

# (4)

The tax credit described in Subsection (2):

(a) may not be carried forward or carried back; and

(b) applies to a taxable year beginning on or after January 1, 2017.