As used in this part:

1. (1)

   1. (a) Except as provided in Subsection (1)(b) or Subsection 59-10-1003(2), "claimant" means a resident or nonresident person that has state taxable income.
   2. (b) "Claimant" does not include an estate or trust.
2. (2) Except as provided in Subsection 59-10-1003(2), "estate" means a nonresident estate or a resident estate that has state taxable income.

3. (3) "Nonrefundable tax credit" or "tax credit" means a tax credit that a claimant, estate, or trust may:

   1. (a) claim:

      1. (i) as provided by statute; and
      2. (ii) in an amount that does not exceed the claimant's, estate's, or trust's tax liability under this chapter for a taxable year; and

   2. (b) carry forward or carry back:

      1. (i) if allowed by statute; and
      2. (ii) unless otherwise provided in statute, to the extent that the amount of the tax credit exceeds the claimant's, estate's, or trust's tax liability under this chapter for a taxable year.
4. (4) Except as provided in Subsection 59-10-1003(2), "trust" means a nonresident trust or a resident trust that has state taxable income.

Amended by Chapter 82, 2020 General Session