59-10-1036. Nonrefundable tax credit for military survivor benefits.

227 words·~1 min read·/ut/title-59/chapter-10/59-10-1036

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/5/2021

(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.

Amended by Chapter 367 , 2021 General Session