(1) An individual who seeks to claim a tax credit under Section 59-10-1046 or 59-10-1114 shall apply to the department for a certification that: (a) the individual did not receive any state or federal assistance described in Subsection 59-10-1046(1)(e)(ii)(A), (B), (C), or (D) during the taxable year in which the adoption is finalized; and (b) the individual finalized an adoption during the taxable year for which the individual applies for a certification. (2) An individual who applies for a certification under this section shall sign an information release authorizing the department to disclose the individual's name and identifying information to the State Tax Commission in accordance with Subsection (5). (3) The department shall issue the certification on a form approved by the State Tax Commission. (4) An individual who receives a certification under this section shall retain the certification for the same time period a person is required to keep books and records under Section 59-1-1406. (5) (a) The department shall provide the State Tax Commission with an electronic report stating the name and identifying information of each individual to whom the department issued a certification under this section for the taxable year. (b) The department shall provide the report described in Subsection (5)(a) on or before January 31 of the year following the year in which the department issued the certifications.
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