1. (1) As used in this section:

   1. (a) "human organ" means:

      1. (i) human bone marrow; or

      2. (ii) any part of a human:

         1. (A) intestine;
         2. (B) kidney;
         3. (C) liver;
         4. (D) lung; or
         5. (E) pancreas;

   2. (b) "live organ donation" means that an individual who is living donates one or more of that individual's human organs:

      1. (i) to another human; and

      2. (ii) to be transplanted:

         1. (A) using a medical procedure; and
         2. (B) to the body of the other human; and

   3. (c)

      1. (i) "live organ donation expenses" means the total amount of expenses:

         1. (A) incurred by a claimant; and

         2. (B) that:

            1. (I) are not reimbursed to that claimant by any person;

            2. (II) are directly related to a live organ donation by:

               1. (Aa) the claimant; or
               2. (Bb) another individual that the claimant is allowed to claim as a dependent in accordance with Section 151, Internal Revenue Code; and

            3. (III) are for:

               1. (Aa) travel;
               2. (Bb) lodging; or
               3. (Cc) a lost wage; and
      2. (ii) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the commission may by rule define "lost wage."

2. (2) For taxable years beginning on or after January 1, 2005, a claimant may claim a nonrefundable tax credit:

   1. (a) as provided in this section;
   2. (b) against taxes otherwise due under this chapter;
   3. (c) for live organ donation expenses incurred during the taxable year for which the live organ donation occurs; and

   4. (d) in an amount equal to the lesser of:

      1. (i) the actual amount of the live organ donation expenses; or
      2. (ii) $10,000.
3. (3) If the amount of a tax credit under this section exceeds a claimant's tax liability under this chapter for a taxable year, the amount of the tax credit that exceeds the claimant's tax liability may be carried forward for a period that does not exceed the next five taxable years.

Amended by Chapter 382, 2008 General Session