§ 59-6-101. Definitions.

     As used in this chapter:

(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.

Amended by Chapter 255, 2008 General Session