Current through the 2024 Fourth Special Session
Section 59-1-1302 - Definitions(1) "Gross income" is as defined in Section 61, Internal Revenue Code.(2) "Income tax" means a tax imposed under: (a) Chapter 7, Corporate Franchise and Income Taxes; or(b) Chapter 10, Individual Income Tax Act.(3) "Income tax return" means a return filed under: (a) Chapter 7, Corporate Franchise and Income Taxes; or(b) Chapter 10, Individual Income Tax Act.(4) "Listed transaction" means a reportable transaction that is the same as, or substantially similar to, a transaction or arrangement specifically identified as a listed transaction by the: (a) United States Secretary of the Treasury in written materials interpreting the requirements of Section 6011, Internal Revenue Code; or(b) commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.(5) "Material advisor" is as defined in Section 6111, Internal Revenue Code.(6) "Reportable transaction" means a transaction or arrangement that: (a) is carried out through or invested in by one or more entities that: (i) are organized in this state;(ii) do business in this state;(iii) derive gross income from sources within this state;(iv) are subject to income tax; or(v) are otherwise subject to the jurisdiction of this state; and(b) is:(i) a transaction or arrangement described in 26 C.F.R. Sec. 1.6011-4(b)(2) through (7); or(ii) a reportable transaction as described by the commission by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.(7) "Taxpayer" means a person that is required to file an income tax return.(8) "Unitary group" is as defined in Section 59-7-101.Amended by Chapter 382, 2008 General Session.