59-10-1403.3. Refund of amounts paid or withheld for a pass-through entity.

331 words·~2 min read·/ut/title-59/chapter-10/59-10-1403-3

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

Effective 5/6/2026

(1)As used in this section,"qualifying excess withholding" means an amount that:

(a)is paid or withheld:

(i)by a pass-through entity that has a different taxable year than the pass-through entity that requests a refund under this section; and

(ii)on behalf of the pass-through entity that requests the refund, if the pass-through entity that requests the refund also is a pass-through entity taxpayer; and

(b)is equal to the difference between:

(i)the amount paid or withheld for the taxable year on behalf of the pass-through entity that requests the refund; and

(ii)the product of the percentage listed in Subsection 59-10-104(2) and the income, described in Subsection 59-10-1403.2(1)(a)(i) , of the pass-through entity that requests the refund.

(2)A pass-through entity may claim a refund of qualifying excess withholding, if the amount of the qualifying excess withholding is equal to or greater than $250,000.

(3)A pass-through entity that requests a refund of qualifying excess withholding under this section shall:

(a)apply to the commission for a refund on or, subject to Subsection

(4), after the day on which the pass-through entity files the pass-through entity's income tax return; and

(b)provide any information that the commission may require to determine that the pass-through entity is eligible to receive the refund.

(4)A pass-through entity shall claim a refund of qualifying excess withholding under this section within 30 days after the earlier of the day on which:

(a)the pass-through entity files an income tax return; or

(b)the pass-through entity's income tax return is due, including any extension of due date authorized in statute.

(5)In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act , the commission may make rules establishing the information that a pass-through entity shall provide to the commission to obtain a refund of qualifying excess withholding under this section.

Amended by Chapter 244 , 2026 General Session