(1) The office shall certify a business entity's eligibility for a tax credit as provided in this section. (2) A business entity is eligible to receive a tax credit for a new commercial project if: (a) the new commercial project: (i) (A) is located and provides direct investment within the geographic boundaries of a development zone; or (B) creates a remote work opportunity; (ii) includes the creation of high paying jobs in the state, significant capital investment in the state, or significant purchases from vendors, contractors, or service providers in the state, or a combination of these three economic factors; and (iii) generates new state revenues; and (b) the business entity has not claimed a High Cost Infrastructure Development Tax Credit under Section 79-6-603 for the same new commercial project, if the new commercial project is located within a county of the first or second class. (3) The office shall conduct a study of the economic impacts associated with a new commercial project to determine whether a business entity meets the requirements of Subsection (2). (4) In determining whether a new commercial project meets the requirements of Subsection (2)(a) (ii), the office may attribute an incremental job or a high paying job to a new commercial project regardless of whether the job is performed in person, within a development zone, or remotely from elsewhere in the state.
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