(1) As used in this section: (a) "Joint filing status" means the same as that term is defined in Section 59-10-1018. (b) "Head of household filing status" means the same as that term is defined in Section 59-10-1018. (c) "Married filing separately status" means a married individual who: (i) does not file a single federal individual income tax return jointly with that married individual's spouse for the taxable year; and (ii) files a single federal individual income tax return for the taxable year. (d) "Modified adjusted gross income" means the sum of the following for a claimant or, if the claimant's federal individual income tax return is allowed a joint filing status, the claimant and the claimant's spouse: (i) adjusted gross income for the taxable year for which a tax credit is claimed under this section; (ii) any interest income that is not included in adjusted gross income for the taxable year described in Subsection (1)(d)(i); and (iii) any addition to adjusted gross income required by Section 59-10-114 for the taxable year described in Subsection (1)(d)(i). (e) "Qualifying child" means an individual: (i) with respect to whom the claimant is allowed to claim a tax credit under Section 24, Internal Revenue Code, on the claimant's federal individual income tax return for the taxable year; and (ii) who is under six years old on the last day of the claimant's taxable year. (f) "Single filing status" means a single individual who files a single federal individual income tax return for the taxable year. (2) Subject to Section 59-10-1002.2, a claimant may claim a nonrefundable tax credit of $1,000 for each qualifying child. (3) A claimant may not carry forward or carry back the amount of the tax credit that exceeds the claimant's tax liability. (4) The tax credit allowed by Subsection (2) claimed on a return filed under this chapter shall be reduced by $.10 for each dollar by which modified adjusted gross income for purposes of the return exceeds: (a) for a federal individual income tax return that is allowed a married filing separately status, $30,500; (b) for a federal individual income tax return that is allowed a single filing status or head of household filing status, $49,000; and (c) for a federal individual income tax return that is allowed a joint filing status, $61,000.
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