Revised December 1, 2008

Summary of Codes for the TC-40 Return –
Nonrefundable Credits

Click on description for additional information

Tax Year    
2008 2007 2006 2005 Description Code
X X X X At-Home Parent 01
X X X X Qualified Sheltered Workshop Cash Contribution 02
X X X X Renewable Energy Systems/Carryover 03
X X X X Clean Fuel Vehicle 05
X X X X Historic Preservation 06
X X X X Enterprise Zone 07
X X X X Low-Income Housing 08
X X Hiring Disabled Persons 09
X X X X Recycling Market Development Zone 10
X X X X Tutoring Disabled Dependents 11
X X X X Increasing Research Activities 12
X X X X Research Machinery and Equipment 13
X X X X Taxes Paid to Another State 17
X X X X Live Organ Donation Expenses 19
X X Renewable Residential Energy Systems 21

At-Home Parent Credit (code 01)

UC §59-10-1005

There is no form for this credit. Keep all related documents with your records.

An at-home parent may claim a nonrefundable credit of $100 for each child who is not more than 12 months old on the last day of the taxable year for which the credit is claimed. For purposes of this credit an at-home parent includes:

  • Biological mother or father,
  • Stepmother or stepfather,
  • Adoptive parents,
  • Foster parents,
  • Legal guardian, or
  • Individuals in whose home the child is placed by a child-placing agency for the purpose of legal adoption.

To qualify for the credit all of the following criteria must be met:

  1. The child must be 12 months or younger on the last day of the taxable year for which the credit is claimed.
  2. The at-home parent must provide full-time care in the at-home parent's residence.
  3. The child must be claimed as a dependent on the at-home parent's return.
  4. The sum of the at-home parent's total wages, tips and compensation listed on federal W-2 forms and the gross income on federal Schedule C, Profit or Loss from Business, line 7, or Schedule C-EZ, Net Profit from Business, line 1, must be $3,000 or less for the taxable year.
  5. The federal adjusted gross income of all of the taxpayers filing the individual income tax return is less than or equal to $50,000.

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Qualified Sheltered Workshop Cash Contribution Credit (code 02)

UC §59-10-1004

There is no form for this credit. Keep all related documents with your records.

Note: The name of the qualified workshop must be written on the TC-40A Part 4 to claim this credit.

Cash contributions made within the tax year to a qualified nonprofit rehabilitation sheltered workshop facility operating in Utah for persons with disabilities are eligible for a credit against Utah income taxes. Check with the workshop to make sure they have a current Day Training Provider License or Day Support Provider Certificate issued by the Department of Human Services. The credit is equal to the lessor of $200 or 50 percent of the total cash contributions. Contributions claimed as a tax credit under this section may not also be claimed as a charitable deduction in determining federal taxable income.

For more information, contact:

Contract Administrator
Division of Services for People with Disabilities
120 N 200 W #411
SLC, UT 84103
Telephone: 801-538-4200

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Carryover of Prior Credit for Renewable Energy Systems(code 03)

UC §59-10-1014

If you claimed a nonrefundable renewable energy systems tax credit on your 2004, 2005 or 2006 income tax return, and the tax credit was in excess of your tax liability for the year claimed, the excess credit may be carried over to the four succeeding years. If you have any excess credit that was not used against a subsequent tax year liability, and are carrying over that excess credit to 2008, enter the unused carrover on TC-40A, Part 4, using code 03.

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Clean Fuel Vehicle Credit (code 05)

UC §59-10-1009

Complete form TC-40V, Clean Fuel Vehicle Tax Credit, with the Division of Air Quality approval stamp, verifying the credit has been approved. Do not send form TC-40V with your return. Keep the form and all related documents with your records.

To qualify, you must have:

  • Purchased a vehicle which is registered in Utah, for which this credit has not been taken, that was manufactured to use propane, natural gas, or electricity, or
  • Purchased and installed equipment to convert a vehicle registered in Utah to use propane, natural gas, or electricity.

Note: The clean fuel vehicle credit is no longer available for electric-hybrid vehicles.

Contact the Division of Air Quality, 150 N 1950 W, SLC, UT 84116; telephone 801-536-4000 to get form TC-40V, approval and for additional information.

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Historic Preservation Credit (code 06)

UC §59-10-1006

Complete form TC-40H, Historic Preservation Tax Credit, with the State Historic Preservation Office certification, verifying the credit has been approved. Do not send form TC-40H with your return. Keep the form and all related documents with your records.

The credit is for costs incurred in connection with qualified rehabilitation of any certified historic residential building. Any credit amount exceeding the tax owed may be carried forward for five consecutive years as a credit against Utah tax due.

Contact the State Historic Preservation Office, 300 Rio Grande, SLC, UT 84101 at 801-533-3503 or history.utah.gov/historic_preservation to get form TC-40H, certification, and for additional information.

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Enterprise Zone Credit (code 07)

An individual may not claim this credit or carry this credit forward into a year the individual claims the recycling market development zone credit (nonapportionable nonrefundable credit, code 10) or the targeted business income tax credit (refundable credit, code 40).

There is no form for this credit. Keep all related documents with your records.

The Enterprise Zone Credit is available for certain businesses that hire new full-time employees, rehabilitate buildings or meet certain other requirements in a designated zone. Indian tribes may apply for enterprise zone designation within an Indian reservation.

Any credit amount exceeding the tax owed may be carried forward for three consecutive years as a credit against Utah tax due.

If enterprise zone credits are being taken on your ownership in a partnership or S corporation, you must allocate the credits calculated above based on your respective percentage of ownership.

Contact the Governor's Office of Economic Development, 324 S State St, Suite 500, SLC, UT 84111 at 801-538-8775 or goed.utah.gov/incentives/ enterprise_zones for more information.

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Low-Income Housing Credit (code 08)

UC §59-10-1010

Individuals sharing in the credit must obtain form TC-40TCAC, Utah Low-Income Housing Tax Credit Allocation Certification, and complete form TC-40LI, Summary of Utah Low-Income Housing Tax Credit. If you are carrying this credit back or forward, you must also complete form TC-40LIC, Utah Low-Income Housing Tax Credit Carryback and/or Carryforward. Do not send these forms with your return. Keep the forms and all related documents with your records.

The building project owner must also complete and attach form TC-40LIS, Credit Share Summary of Low-Income Housing Project to the return.

This credit is an amount, determined by the Utah Housing Corporation, for the owners of a low-income housing project who have also received an allocation of the federal low-income housing tax credit. Any credit amount exceeding the tax owed may be carried back three years or carried forward five consecutive years as a credit against Utah tax due.

When this credit is applicable, the project owner will provide form TC-40TCAC (issued by the Utah Housing Corporation) to the taxpayer.

Contact the Utah Housing Corporation, 2479 S. Lake Park Boulevard, West Valley City, UT 84120 at 801-902-8200 or www.utahhousingcorp.org for more information.

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Recycling Market Development Zones Credit (code 10)

UC §59-10-1007

An individual may not claim this credit or carry this credit forward into a year the individual claims the enterprise zone credit (nonapportionable nonrefundable credit, code 07) or the targeted business income tax credit (refundable credit, code 40).

Complete form TC-40R, Recycling Market Development Zone Tax Credit with the Governor's Office of Economic Development certification verifying the credit has been approved. Do not send form TC-40R with your return. Keep the form and all related documents with your records.

The credit is available to individuals and businesses operating in a designated recycling market development zone as defined in UC §63-38f-1102.

Contact the Governor's Office of Economic Development, 324 S State St, Suite 500, SLC, UT 84111 at 801-538-8804, goed.utah.gov/incentives/ recycling_zones or email lprall@utah.gov for more information.

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Tutoring Credit for Disabled Dependents (code 11)

UC §59-10-1011

There is no form for this credit. Keep all related documents with your records.

The credit is the lessor of $100 or 25 percent of the costs paid by the taxpayer for tutoring each disabled dependent.

A disabled dependent is defined as a person who:

  1. Is disabled under UC §53A-15-301,
  2. Attends a public or private kindergarten, elementary, or secondary school, and
  3. Is eligible to receive disability program monies under UC §53A-17a-111.

Tutoring, for purposes of this credit, means educational services approved by an individual education plan team and provided to a disabled dependent that supplements classroom instruction the dependent receives at a public or private kindergarten, elementary, or secondary school in Utah.

Tutoring does not include:

  1. Purchases of instructional books and materials, or
  2. Payments for attendance at extracurricular activities, including sporting events, musical or dramatic events, speech activities, or driver education.

Contact the Utah State Board of Education at 801-538-7587 for additional information.

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Tax Credit for Research Activities in Utah (code 12)

UC §59-10-1012

A nonrefundable credit is allowed for certain Utah research expenses. The credit is 5 percent of:

  1. Qualified expenses for increasing Utah research activities above a base amount in the taxable year,
  2. Certain payments to a qualified organization increasing basic Utah research above a base amount in the taxable year, and
  3. Qualified research expenses for the taxable year beginning 2008.

Any credit under 1 or 2 above more than the tax owed may be carried forward for the next 14 taxable years. Any credit under 3 above may not be carried forward.

There is no form for this credit. Keep all related documents with your records.

2007 Credit: This credit could formerly be claimed in the tax year immediately after the year you qualified for the credit. Consequently, if you had qualified research expenses in 2007, you may deduct that credit in 2008 along with any 2008 credit.

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Tax Credit for Machinery and Equipment Used to Conduct Research (code 13)

UC §59-10-1013

A nonrefundable credit is allowed for certain investments in research machinery and equipment. The credit is 6 percent of the purchase price of machinery, equipment, or both:

  1. Used primarily to conduct qualified Utah research for at least 12 consecutive months, or
  2. Donated to a qualified organization and used primarily to conduct basic Utah research for at least 12 consecutive months.

Any credit more than the tax owed may be carried forward for the next 14 taxable years.

There is no form for this credit. Keep all related documents with your records.

2007 Credit: This credit could formerly be claimed in the tax year immediately after the year you qualified for the credit. Consequently, if you had qualified research expenses in 2007, you may deduct that credit in 2008 along with any 2008 credit.

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Credit for Income Tax Paid to Another State (code 17)

UC §59-10-1003

A Utah resident or part-year resident whose income is taxed by Utah and another state(s), the District of Columbia, or a possession of the United States, may be entitled to a credit against Utah income tax for the amount of tax paid to the other state(s).

Part-year residents will rarely qualify for this credit, as Utah and other states apportion income and only tax the income earned while a resident of that state. To qualify, the income must be:

  1. Taxable in Utah,
  2. Taxed by another state(s), and
  3. Included in "Column A - Utah" income on form TC-40B.

Part-year residents must prorate the tax paid to other state(s). The credit only applies to the portion of the actual taxes paid on income that was taxed in both Utah and the other state.

Complete and attach form TC-40S, Credit for Tax Paid to Another State. If there are two or more states, calculate a separate credit for each state. Examples of how to calculate the credit are located here. Keep a copy of the other state's return and all related documents with your records.

If you are filing your Utah return electronically, you may only claim a credit for tax paid to one other state. If claiming credit for tax paid to more than one state, you must file your Utah return on paper.

Do not use the state income tax withheld from form W-2 as the taxes paid to the other state. You must complete and file the other state's return to determine the amount of taxes paid. You may be asked to furnish additional information later to verify this credit.

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Live Organ Donation Expenses Credit (code 19)

UC §59-10-1015

A living donor may claim a credit for up to $10,000 of qualified expenses incurred for the donation of human bone marrow, or any part of an intestine, kidney, liver, lung or pancreas for transplanting in another individual. Qualified expenses are incurred by the taxpayer or dependent for travel, lodging or a "lost wage" and not reimbursed by any person.

If qualified, complete form TC-40T, Live Organ Donation Expenses Credit . Do not send form TC-40T with your return. Keep the form and all related documents with your records.

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Renewable Residential Energy Systems (code 21)

UC §59-10-1014

This nonrefundable credit is for the reasonable costs, including installation, of a residential energy system that supplies energy required for a residential unit in Utah. Additional residential energy systems of parts may be claimed in subsequent years as long as the total amount claimed does not exceed $2,000 per residential unit.

If the residence is sold to another, who is not a business entity, before claiming the tax credit, the taxpayer may irrevocably transfer to the new owner the right to the tax credit.

The principal portion of lease payments for a residential energy system may qualify for the credit, if the lessor irrevocably transfers to the new owner the right to the tax credit.

Credit in excess of the taxpayer's liability may be carried forward to the four succeeding years.

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