Definitions

# (1)

"Business entity" means a claimant that is a:

# (a)

C corporation;

# (b)

S corporation;

# (c)

general partnership;

# (d)

limited liability company;

# (e)

limited liability partnership;

# (f)

limited partnership; or

# (g)

business entity similar to Subsections (1)(c) through (f):

(i) with respect to which the business entity's income or losses are divided among and passed through to taxpayers; and

(ii) as defined by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

# (2)

(a)
Except as provided in Subsection (2)(b), "claimant" means a resident or nonresident person.

(b)
"Claimant" does not include an estate or trust.

# (3)

"Estate" means a nonresident estate or a resident estate.

# (4)

"Minerals" means:

(a) metalliferous minerals as defined in Section 59-2-102;

(b) nonmetalliferous minerals as defined in Section 59-2-102; or

(c) a combination of Subsections (4)(a) and (b).

# (5)

"Producer" means a person that:

(a) produces or extracts minerals from deposits in this state; or

(b) is the first purchaser of minerals produced or extracted from deposits in this state.

# (6)

"Refundable tax credit" or "tax credit" means a tax credit that a claimant, estate, or trust may claim:

# (a)

as provided by statute; and

# (b)

regardless of whether the claimant, estate, or trust has a tax liability:

(i) for a tax imposed under:

(A) Chapter 7, Corporate Franchise and Income Taxes;

(B) Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to Pay Corporate Franchise or Income Tax Act; or

(C) Chapter 10, Individual Income Tax Act; and

(ii) for the taxable year for which the claimant, estate, or trust claims the tax credit.

# (7)

"Taxable year" means the taxable year of a claimant, estate, or trust under:

# (a)

Chapter 7, Corporate Franchise and Income Taxes;

# (b)

Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to Pay Corporate Franchise or Income Tax Act; or

# (c)

Chapter 10, Individual Income Tax Act.

# (8)

"Tax return" means a return required by:

# (a)

Chapter 7, Corporate Franchise and Income Taxes;

# (b)

Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to Pay Corporate Franchise or Income Tax Act; or

# (c)

Chapter 10, Individual Income Tax Act.

# (9)

"Trust" means a nonresident trust or a resident trust.

# (10)

"Withholding return" means a return a producer is required to file under this chapter.