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Utah Code — Title 59 (Revenue and Taxation)

Utah Code § 59-7-308

Allocation of capital gains and losses

Official textle.utah.gov

To the extent that the following constitute nonbusiness income:

# (1)

capital gains and losses from sales of real property located in this state are allocable to this state;

# (2)

capital gains and losses from sales of tangible personal property are allocable to this state if:

# (a)

the property had a situs in this state at the time of the sale; or

# (b)

the taxpayer's commercial domicile is in this state and the taxpayer is not taxable in the state in which the property had a situs; and

# (3)

capital gains and losses from sales of intangible personal property are allocable to this state if the taxpayer's commercial domicile is in this state.

Last amended: Amended by Chapter 83, 1994 General Session

Source: view the official text

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In this chapter (40 sections)
  1. 59-7-113 · Allocation of income and deductions between several…
  2. 59-7-114 · Section 338, Internal Revenue Code -- Elections
  3. 59-7-115 · Section 336(e), Internal Revenue Code -- Elections
  4. 59-7-116 · Taxation of regulated investment companies
  5. 59-7-116.5 · Real estate investment trusts
  6. 59-7-117 · Equitable adjustments
  7. 59-7-118 · Section 965, Internal Revenue Code -- Installment payments
  8. 59-7-159 · Review of credits allowed under this chapter
  9. 59-7-201 · Tax -- Minimum tax
  10. 59-7-203 · Computation of Utah taxable income
  11. 59-7-204 · Income attributed to sources within the state
  12. 59-7-205 · Applicability of Parts 5 and 6 of chapter
  13. 59-7-206 · Offsets against tax
  14. 59-7-207 · Corporations becoming subject to tax -- Assessment under…
  15. 59-7-208 · Provisions followed for purposes of tax collected
  16. 59-7-302 · Definitions -- Determination of taxpayer status
  17. 59-7-303 · Apportionable income
  18. 59-7-305 · When taxable in another state
  19. 59-7-306 · Allocation of certain nonbusiness income
  20. 59-7-307 · Allocation of rents and royalties
  21. 59-7-308 · Allocation of capital gains and losses
  22. 59-7-309 · Allocation of interest and dividends
  23. 59-7-310 · Allocation of patent and copyright royalties
  24. 59-7-311 · Method of apportionment of business income
  25. 59-7-312 · Property factor for apportionment of business income --…
  26. 59-7-313 · Valuation of property for inclusion in property factor
  27. 59-7-314 · Averaging property values for inclusion in property factors
  28. 59-7-315 · Payroll factor for apportionment of business income --…
  29. 59-7-316 · Determination of compensation for inclusion in payroll factor
  30. 59-7-317 · Sales factor for apportionment of business income --…
  31. 59-7-318 · Sales of tangible personal property
  32. 59-7-319 · Circumstances under which a receipt, rent, royalty, or sale…
  33. 59-7-320 · Equitable adjustment of standard allocation or apportionment
  34. 59-7-321 · Construction
  35. 59-7-401 · Determining threshold level of business activity for…
  36. 59-7-402 · Water's edge combined report
  37. 59-7-403 · Worldwide combined report
  38. 59-7-404 · Calculation of unadjusted income for combined reporting
  39. 59-7-404.5 · Adjustment to apportionment factors for corporations in a…
  40. 59-7-405 · Commission empowered to make rules
Full table of contents →