(1) As used in this section: (a) "Federal earned income tax credit" means the federal earned income tax credit described in Section 32, Internal Revenue Code. (b) "Qualifying claimant" means a resident or nonresident individual who: (i) qualifies for and claims the federal earned income tax credit for the current taxable year; and (ii) earns income in Utah that is reported on a W-2 form. (2) Subject to Section 59-10-1002.2, a qualifying claimant may claim a nonrefundable earned income tax credit equal to the lesser of: (a) 20% of the amount of the federal earned income tax credit that the qualifying claimant was entitled to claim on a federal income tax return for the current taxable year; and (b) the total Utah wages reported on the qualifying claimant's W-2 form for the current taxable year. (3) A qualifying claimant may not carry forward or carry back the amount of the earned income tax credit that exceeds the qualifying claimant's tax liability.
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