59-10-1015. Definitions -- Tax credit for live organ donation expenses -- Rulemaking authority.

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(1)As used in this section:

(a)"human organ" means:

(i)human bone marrow; or

(ii)any part of a human:

(A)intestine;

(B)kidney;

(C)liver;

(D)lung; or

(E)pancreas;

(b)"live organ donation" means that an individual who is living donates one or more of that individual's human organs:

(i)to another human; and

(ii)to be transplanted:

(A)using a medical procedure; and

(B)to the body of the other human; and

(i)"live organ donation expenses" means the total amount of expenses:

(A)incurred by a claimant; and

(B)that:

(I)are not reimbursed to that claimant by any person;

(II)are directly related to a live organ donation by:

(Aa)the claimant; or

(Bb)another individual that the claimant is allowed to claim as a dependent in accordance with Section 151, Internal Revenue Code; and

(III)are for:

(Aa)travel;

(Bb)lodging; or

(Cc)a lost wage; and

(ii)in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , the commission may by rule define "lost wage."

(2)For taxable years beginning on or after January 1, 2005, a claimant may claim a nonrefundable tax credit:

(a)as provided in this section;

(b)against taxes otherwise due under this chapter;

(c)for live organ donation expenses incurred during the taxable year for which the live organ donation occurs; and

(d)in an amount equal to the lesser of:

(i)the actual amount of the live organ donation expenses; or

(ii)$10,000.

(3)If the amount of a tax credit under this section exceeds a claimant's tax liability under this chapter for a taxable year, the amount of the tax credit that exceeds the claimant's tax liability may be carried forward for a period that does not exceed the next five taxable years.

Amended by Chapter 382 , 2008 General Session