(1) As used in this section:
- (a) "Dependent child" means the same as that term is defined in 10 U.S.C. Sec. 1447.
- (b) "Reserve components" means the same as that term is described in 10 U.S.C. Sec. 10101.
- (c) "Surviving spouse" means the same as that term is defined in 10 U.S.C. Sec. 1447.
- (d) "Survivor benefits" means the amount paid by the federal government in accordance with 10 U.S.C. Secs. 1447 through 1455.
(2) A surviving spouse or dependent child may claim a nonrefundable tax credit for survivor benefits if the benefits are paid due to:
- (a) the death of a member of the armed forces or reserve components while on active duty; or
- (b) the death of a member of the reserve components that results from a service-connected cause while performing inactive duty training.
(3) The tax credit described in Subsection (2) is equal to the product of:
- (a) the amount of survivor benefits that the surviving spouse or dependent child received during the taxable year; and
- (b) the percentage listed in Subsection 59-10-104(2).
(4) The tax credit described in Subsection (2):
- (a) may not be carried forward or carried back; and
- (b) applies to a taxable year beginning on or after January 1, 2017.
Amended by Chapter 367, 2021 General Session