Utah § 59-9-108 - Utah low-income housing tax credit.

Full text of Utah Utah Code § 59-9-108 — Utah low-income housing tax credit., with citation guidance and answers to common questions.

§ 59-9-108. Utah low-income housing tax credit.

Effective 5/3/2023
59-9-108.  Utah low-income housing tax credit.
(1) As used in this section, "qualified taxpayer" means:
(a) for a person claiming a tax credit under Section 59-7-607, the same as that term is defined in Section 59-7-607; or
(b) for a person claiming a tax credit under Section 59-10-1010, the same as that term is defined in Section 59-10-1010.
(2) A person may claim a nonrefundable tax credit against a tax liability under this section if:
(a) the person is a qualified taxpayer who has been issued an allocation certificate by the Utah Housing Corporation under Section 59-7-607 or 59-10-1010, and the qualified taxpayer does not claim the tax credit under Chapter 7, Corporate Franchise and Income Taxes, Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to Pay Corporate Franchise or Income Tax Act, or Chapter 10, Individual Income Tax Act; or
(b) the person has been allocated a low-income housing tax credit in accordance with Section 59-7-607 or 59-10-1010, and the person does not claim the tax credit under Chapter 7, Corporate Franchise and Income Taxes, Chapter 8, Gross Receipts Tax on Certain Corporations Not Required to Pay Corporate Franchise or Income Tax Act, or Chapter 10, Individual Income Tax Act.
(3)
(a) If a tax credit is not claimed by a qualified taxpayer or by a person who has been allocated a low-income housing tax credit in the year in which the credit is earned because the tax credit is more than the tax liability owed, the tax credit may be carried back three years or may be carried forward five years as a credit against the tax liability.
(b) Carryover tax credits under Subsection (3)(a) shall be applied against tax liability:
(i) before the application of tax credits earned in the current year; and
(ii) on a first-earned, first-used basis.
(4) The commission may, in consultation with the Utah Housing Corporation, make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement this section.


Amended by Chapter 88, 2023 General Session

Source: official Utah text · Last verified 2026-08-27

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Frequently Asked Questions About Utah § 59-9-108

What does Utah Code § 59-9-108 cover?

Section 59-9-108 ("Utah low-income housing tax credit.") is part of the Utah Code, the codified statutory law of Utah. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Utah § 59-9-108?

A common citation format is "Utah Code § 59-9-108" (Utah). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Utah law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Utah official source linked on this page or consult a licensed Utah attorney.

How does Utah § 59-9-108 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Utah can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

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