Albatross · Data Catalog

Utah

UT · state · 18 cited facts

CategoryProvisionValueSource
trust-nexusIncomplete-gift nongrantor trust / ING (income tax reach)ESCAPES in the sale year: an inter vivos ING administered in NV is a nonresident trust (the settlor-domicile prongs cover only decedents' estates and testamentary trusts) and Utah taxes it only on Utah-source income, which intangible gain is not. THE ONE ESCAPE STATE WITH A THROWBACK: §59-10-114(1)(g) can pull the accumulated income back into Utah tax if it is later distributed to a Utah-resident beneficiary, and the settlor is one by design. Whether it reaches a retained LIQUIDATION gain is open, and cuts the taxpayer's way: the statute reaches 'undistributed distributable net income', while corpus gain is outside DNI (IRC 643(a)(3))
sources (2)
Utah Code 59-10-103 (via 75B-2-103(9)-(10), SB 100 recodification 2025; formerly 75-7-103(1)(i)) · high confidence · as of 2026-07-13 · TY 2026
Utah's inter vivos resident-trust hook is administration in the state; settlor domicile matters only for testamentary trusts
(9) 'Resident estate' means: (a) an estate of a decedent who at death was domiciled in this state; (b) a trust, or a portion of a trust, consisting of property transferred by will of a decedent who at the time of the decedent's death was domiciled in this state; or (c) a trust administered in this state. (10) 'Resident trust' means a resident estate.
Note: Verified by two independent readings of the live statute (2026-07-13). Three prongs, none of them settlor domicile at creation and none beneficiary residence, so an inter vivos ING with a NV institutional trustee administering wholly outside Utah is a NONRESIDENT trust, taxed only on Utah-source income (59-10-204/205), and intangible gain is not Utah-source unless the property is 'employed in a trade, business, profession, or occupation carried on in this state' (59-10-117(2)(a)). Utah has no ING statute and no grantor rule broader than IRC 671-679. THE ESCAPE IS DEFERRAL, NOT EXEMPTION: see UT_TRUST_ING_THROWBACK. Live audit seam: if the Utah settlor exercises committee, protector, or investment-direction powers FROM Utah, prong (c) (administration) can taint the trust into residency.
https://le.utah.gov/xcode/Title75B/Chapter2/75B-2-S103.html
Utah Code §59-10-114(1)(g) · high confidence · as of 2026-07-13 · TY 2026
Utah adds back a resident beneficiary's distribution of a nonresident trust's undistributed income that no state taxed
any distribution received by a resident beneficiary of a nonresident trust of undistributed distributable net income realized by the trust on or after January 1, 2004, if that undistributed distributable net income was taxed at the trust level for federal tax purposes, but was not taxed at the trust level by any state, with undistributed distributable net income considered to be distributed from the most recently accumulated undistributed distributable net income.
Note: UTAH IS THE ONLY VERIFIED ESCAPE STATE WITH ITS OWN THROWBACK. A 2026-07-13 sweep of the other twelve (AZ, CO, HI, IA, ID, IN, KS, MS, NJ, NM, OR, SC) found no analog: Kansas and South Carolina affirmatively SUBTRACT accumulation distributions, and Colorado repealed its throwback in 1983. This is an attribution rule triggered by an actual DISTRIBUTION, so it does not touch the sale year (the trust retains the gain), which is what the engine models. WHETHER IT EVER BITES IS A GENUINE OPEN QUESTION, and it cuts the taxpayer's way: the statute reaches 'undistributed distributable net income', but capital gain allocated to CORPUS is excluded from DNI under IRC 643(a)(3), so a retained liquidation gain may never be UNI at all. Unresolved by any Utah ruling or case, so it is recorded as exposure rather than assumed away. If it does bite, the Utah saving is deferral, not exemption, and it becomes permanent only if the gain is distributed after the settlor leaves Utah, distributed to non-Utah beneficiaries, or held to a basis step-up. Separately (and true in every state): the trust's ONGOING income on the reinvested proceeds is DNI and IS taxable to a Utah-resident beneficiary when distributed.
https://le.utah.gov/xcode/Title59/Chapter10/59-10-S114.html
estate-noneEstate and inheritance taxNone
sources (1)
Utah State Tax Commission, Inheritance Tax page · high confidence · as of 2026-07-02 · TY 2025
UT inheritance (pickup) tax eliminated after Dec 31, 2004
Federal changes phased out the national inheritance tax and, therefore, eliminated Utah's inheritance tax after December 31, 2004.
Note: Same page: 'Utah inheritance tax returns do not need to be filed. Utah does not require an Inheritance Tax Waiver.' Statute backup: Utah Code 59-11.
https://tax.utah.gov/utah-taxes/inheritance-tax
rateTop income tax rate (TY2025)4.5% flat on federal taxable income (HB 106 retroactive)
sources (1)
Utah Code §59-10-104 as amended by HB 106 (2025, retroactive to TY2025) · high confidence · as of 2026-07-02 · TY 2025
Utah flat income tax rate is 4.5% for TY2025 (HB 106 retroactive)
the tax is an amount equal to the product of: (a) the resident individual's state taxable income for that taxable year; and (b) 4.5%. ... Section 9. Retrospective operation. This bill has retrospective operation for a taxable year beginning on or after January 1, 2025
Note: HB 106 (2025 GS) cut the §59-10-104 flat rate from 4.65% to 4.5% retrospective to TY2025. Superseded for TY2026: Ch. 250 (2026 GS) amends §59-10-104 to 4.45% effective January 1, 2026 (see ut-code-59-10-104-flat-4-45pct-2026).
https://le.utah.gov/~2025/bills/hbillenr/HB0106.pdf
rateTop income tax rate (TY2026)4.45% flat on federal taxable income (Ch. 250, 2026 General Session)
sources (1)
Utah Code §59-10-104 (as amended by Chapter 250, 2026 General Session; effective 1/1/2026) · high confidence · as of 2026-07-02 · TY 2026
Utah flat income tax rate is 4.45% for TY2026 (Ch. 250, 2026 General Session)
(2) For purposes of Subsection (1), for a taxable year, the tax is an amount equal to the product of: (a) the resident individual's state taxable income for that taxable year; and (b) 4.45%.
Note: Codified text carries the header 'Effective 1/1/2026' and the note 'Amended by Chapter 250, 2026 General Session'. Successor to the TY2025 4.5% rate (HB 106).
https://le.utah.gov/xcode/Title59/Chapter10/59-10-S104.html
conformityLoss carryforwardConforms to IRC §1212 indefinite federal carryforward applies
sources (1)
IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025
IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback
In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year.
Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim
muni-instateIn-state muni bond interestExempt: UCA §59-10-114(2)(a) subtraction for Utah state and local bond interest
sources (1)
UCA §59-10-114(2)(a) (UT bonds exempt); UCA §59-10-114(1)(e) (OOS add-back with reciprocity) · high confidence · as of 2026-07-03 · TY 2025
UT exempts UT-issued bonds; out-of-state muni bonds are taxable except from reciprocal or no-tax states
There shall be added to adjusted gross income of a resident or nonresident individual: ... (e) except as provided in Subsection (5), for bonds, notes, and other evidences of indebtedness acquired on or after January 1, 2003, the interest from bonds, notes, and other evidences of indebtedness ... issued by ... a state other than this state ... to the extent the interest is not included in adjusted gross income on the taxpayer's federal income tax return for the taxable year. Notwithstanding Subsection (1)(e), interest from bonds, notes, and other evidences of indebtedness issued by an entity described in Subsections (1)(e)(i)(A) through (D) may not be added to adjusted gross income of a resident or nonresident individual if, as annually determined by the commission ... the entity and all of the political subdivisions, agencies, or instrumentalities of the entity do not impose a tax based on income on any part of the bonds, notes, and other evidences of indebtedness of this state.
Note: Interest earned on Utah municipal bonds is exempt from Utah income tax. Do not enter interest earned on non-Utah municipal bonds if the issuer does not impose an income tax on bonds issued by Utah, or the issuing state does not impose an income tax. UCA §59-10-114(2)(a) provides a subtraction for Utah bond interest. §59-10-114(1)(e) adds back out-of-state muni interest UNLESS: (a) the issuing state does not tax Utah bonds, or (b) the issuing state has no income tax. Effectively exempts bonds from AK, FL, NV, SD, TN, TX, WY, WA and any state that exempts UT bonds reciprocally. Most out-of-state bonds are taxable; reciprocity exception applies case-by-case.
https://le.utah.gov/xcode/Title59/Chapter10/59-10-S114.html
muni-outstateOut-of-state muni bond interestTaxable: (general rule) UCA §59-10-114(1)(e) add-back; exception for reciprocal states and no-income-tax states
sources (1)
UCA §59-10-114(2)(a) (UT bonds exempt); UCA §59-10-114(1)(e) (OOS add-back with reciprocity) · high confidence · as of 2026-07-03 · TY 2025
UT exempts UT-issued bonds; out-of-state muni bonds are taxable except from reciprocal or no-tax states
There shall be added to adjusted gross income of a resident or nonresident individual: ... (e) except as provided in Subsection (5), for bonds, notes, and other evidences of indebtedness acquired on or after January 1, 2003, the interest from bonds, notes, and other evidences of indebtedness ... issued by ... a state other than this state ... to the extent the interest is not included in adjusted gross income on the taxpayer's federal income tax return for the taxable year. Notwithstanding Subsection (1)(e), interest from bonds, notes, and other evidences of indebtedness issued by an entity described in Subsections (1)(e)(i)(A) through (D) may not be added to adjusted gross income of a resident or nonresident individual if, as annually determined by the commission ... the entity and all of the political subdivisions, agencies, or instrumentalities of the entity do not impose a tax based on income on any part of the bonds, notes, and other evidences of indebtedness of this state.
Note: Interest earned on Utah municipal bonds is exempt from Utah income tax. Do not enter interest earned on non-Utah municipal bonds if the issuer does not impose an income tax on bonds issued by Utah, or the issuing state does not impose an income tax. UCA §59-10-114(2)(a) provides a subtraction for Utah bond interest. §59-10-114(1)(e) adds back out-of-state muni interest UNLESS: (a) the issuing state does not tax Utah bonds, or (b) the issuing state has no income tax. Effectively exempts bonds from AK, FL, NV, SD, TN, TX, WY, WA and any state that exempts UT bonds reciprocally. Most out-of-state bonds are taxable; reciprocity exception applies case-by-case.
https://le.utah.gov/xcode/Title59/Chapter10/59-10-S114.html
qoz-conformityQOZ conformity (IRC §1400Z-2)Conforms to IRC §1400Z-2 QOZ gain deferral and 10-year exclusion via rolling IRC conformity
sources (1)
Utah Code §59-10-103 · high confidence · as of 2026-07-02 · TY 2025
Utah conforms to IRC §1400Z-2 QOZ gain deferral and exclusion
(a)(i) "Adjusted gross income": (A) for a resident or nonresident individual, means the same as that term is defined in Section 62, Internal Revenue Code; or (B) for a resident or nonresident estate or trust, is as calculated in Section 67(e), Internal Revenue Code.
Note: Utah Code §59-10-103 defines adjusted gross income by direct reference to IRC §62, so the federal §1400Z-2 QOZ deferral and exclusion flow into the Utah base; no Utah addback exists.
https://le.utah.gov/xcode/Title59/Chapter10/59-10-S103.html
qsbs-conformityQSBS conformity (IRC §1202)Conforms to IRC §1202 QSBS gain exclusion via rolling IRC conformity; no addback
sources (1)
Utah Code §59-10-104 (rolling IRC conformity); Utah Code §59-10-102 (definitions by reference) · medium confidence · as of 2026-06-22 · TY 2025
Utah conforms to IRC §1202 QSBS gain exclusion via rolling IRC conformity
Verbatim text of §59-10-104 not separately extracted; conformity established through §59-10-102 incorporation of federal definitions.
Note: Utah Code §59-10-102 incorporates federal IRC definitions by reference. Utah Code §59-10-104 establishes the flat 4.5% tax on Utah taxable income, which incorporates federal taxable income starting point. §1202 QSBS provisions apply via Utah's rolling conformity to federal definitions. Confidence medium: statutory structure indicates conformity but specific QSBS verbatim quote not extracted.
https://le.utah.gov/xcode/Title59/Chapter10/59-10-S104.html
agency-obligationsFNMA/FHLMC bond interestTaxable: Utah starts from federal taxable income; FNMA/FHLMC interest is in that base and no Utah subtraction exists for non-federally-preempted GSE interest
sources (1)
Utah Code §59-10-104; UCA §59-10-114 · high confidence · as of 2026-07-03 · TY 2025
Utah taxes FNMA and FHLMC bond interest: Utah starts from federal taxable income (which includes FNMA/FHLMC interest); the §59-10-114(1)(e) add-back applies only to IRC §103-excluded muni interest
There shall be subtracted from adjusted gross income of a resident or nonresident individual: (a) the difference between: (i) the interest or a dividend on an obligation or security of the United States or an authority, commission, instrumentality, or possession of the United States, to the extent that interest or dividend is: (A) included in adjusted gross income for federal income tax purposes for the taxable year; and (B) exempt from state income taxes under the laws of the United States.
Note: Utah Code §59-10-114(2)(a) subtracts only interest on United States obligations that is exempt from state income taxes under the laws of the United States. FNMA and FHLMC interest is included in federal adjusted gross income and is not federally protected from state taxation, so it remains in the Utah base.
https://le.utah.gov/xcode/Title59/Chapter10/59-10-S114.html
dividend-qualifiedQualified dividend rate (IRC §1(h)(11))Ordinary rate: Utah has no IRC §1(h)(11) preferential rate; qualified dividends taxed at the 4.5% flat rate
sources (1)
Utah Code §59-10-104 as amended by HB 106 (2025, retroactive to TY2025) · high confidence · as of 2026-07-02 · TY 2025
Utah flat income tax rate is 4.5% for TY2025 (HB 106 retroactive)
the tax is an amount equal to the product of: (a) the resident individual's state taxable income for that taxable year; and (b) 4.5%. ... Section 9. Retrospective operation. This bill has retrospective operation for a taxable year beginning on or after January 1, 2025
Note: HB 106 (2025 GS) cut the §59-10-104 flat rate from 4.65% to 4.5% retrospective to TY2025. Superseded for TY2026: Ch. 250 (2026 GS) amends §59-10-104 to 4.45% effective January 1, 2026 (see ut-code-59-10-104-flat-4-45pct-2026).
https://le.utah.gov/~2025/bills/hbillenr/HB0106.pdf
treasuryU.S. Treasury interestExempt: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations (T-bills, T-notes, T-bonds, TIPS, I-bonds)
sources (1)
31 U.S.C. §3124(a) · high confidence · as of 2026-06-20 · TY 2025
U.S. Treasury interest exempt from Utah income tax: 31 U.S.C. §3124(a) prohibits state taxation of U.S. government obligations
Stocks and obligations of the United States Government are exempt from taxation by a State or political subdivision of a State. The exemption applies to each form of taxation that would require the obligation, the interest on the obligation, or both, to be considered in computing a tax.
Note: 31 U.S.C. §3124(a) preempts state income taxation of U.S. government obligations. Covers T-bills, T-notes, T-bonds, TIPS, and I-bonds. Most states allow a deduction or subtraction by statute cross-referencing this federal preemption.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3124
fhlb-ffcbFHLB and FFCB bond interestExempt: 12 U.S.C. §1433 (Federal Home Loan Bank Act) and 12 U.S.C. §2023 (Farm Credit Act) mandate state tax exemption for FHLB and FFCB securities
sources (2)
12 U.S.C. §1433 (Federal Home Loan Bank Act) · high confidence · as of 2026-06-20 · TY 2025
FHLB and FFCB bond interest exempt from Utah income tax: federal enabling statutes mandate state tax exemption
Any security issued under this chapter by a Federal home loan bank, including the stock thereof, shall be exempt from taxation, except taxes upon real estate, by any State, county, municipality, or local taxing authority.
Note: 12 U.S.C. §1433 (FHLB) and 12 U.S.C. §2023 (FFCB/Farm Credit Act) both mandate state tax exemption for securities issued under their chapters. Contrasts with FNMA (12 U.S.C. §§1719(e), 1723a(c)) and FHLMC (12 U.S.C. §1455(a)) which have no bondholder exemption statute and whose interest is taxable by income-tax states.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1433&num=0&edition=prelim
12 U.S.C. §2023 (Farm Credit Act) · high confidence · as of 2026-06-20 · TY 2025
Farm Credit Act: notes, bonds, debentures, and other obligations of Farm Credit Banks are instrumentalities of the United States exempt from all State, municipal, and local taxation
The mortgages held by the Farm Credit Banks and the notes, bonds, debentures, and other obligations issued by the banks shall be considered and held to be instrumentalities of the United States and, as such, they and the income therefrom shall be exempt from all Federal, State, municipal, and local taxation, other than Federal income tax liability of the holder thereof under the Public Debt Act of 1941 (31 U.S.C. 3124).
Note: 12 U.S.C. §2023 explicitly covers 'the income therefrom' (i.e., interest payments to bondholders), exempting it from all State and local taxation. The only carve-out is federal income tax on the holder. Parallel to 12 U.S.C. §1433 (FHLB Act), which exempts FHLB securities from state taxation. Together §1433 and §2023 mandate state and local tax exemption for both FHLB and FFCB bond interest. Shared across all jurisdictions: a single object reference satisfies buildCitationIndex() identity check.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2023&num=0&edition=prelim
carrybackCapital loss carrybackNone: IRC §1212(b) provides carryforward only for non-corporate taxpayers; no carryback to prior years
sources (1)
IRC §1212(b) · high confidence · as of 2026-06-21 · TY 2025
IRC §1212(b): capital losses carry forward only for non-corporate taxpayers; no carryback
In the case of a taxpayer other than a corporation, if there is a net capital loss for any taxable year: (1) the excess of the net short-term capital loss over the net long-term capital gain for such year shall be a short-term capital loss in the succeeding taxable year, and (2) the excess of the net long-term capital loss over the net short-term capital gain for such year shall be a long-term capital loss in the succeeding taxable year.
Note: IRC §1212(b) limits non-corporate taxpayers to carrying losses forward only ('succeeding taxable year'). IRC §1212(a), which allows a 3-year carryback, applies only to corporations. For conformity states, the federal carryforward amount flows to the state return unchanged.
https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section1212&num=0&edition=prelim
characterLong-term capital gains treatmentOrdinary rate: no preferential long-term rate; capital gains taxed as ordinary income at the flat 4.5% rate (Utah Code §59-10-104)
sources (1)
Utah Code §59-10-104 as amended by HB 106 (2025, retroactive to TY2025) · high confidence · as of 2026-07-02 · TY 2025
Utah flat income tax rate is 4.5% for TY2025 (HB 106 retroactive)
the tax is an amount equal to the product of: (a) the resident individual's state taxable income for that taxable year; and (b) 4.5%. ... Section 9. Retrospective operation. This bill has retrospective operation for a taxable year beginning on or after January 1, 2025
Note: HB 106 (2025 GS) cut the §59-10-104 flat rate from 4.65% to 4.5% retrospective to TY2025. Superseded for TY2026: Ch. 250 (2026 GS) amends §59-10-104 to 4.45% effective January 1, 2026 (see ut-code-59-10-104-flat-4-45pct-2026).
https://le.utah.gov/~2025/bills/hbillenr/HB0106.pdf
filing-status-flatFiling status irrelevant: flat rate stateYes: flat 4.5% rate on Utah taxable income regardless of filing status (Utah Code §59-10-104; TY2025)
sources (1)
Utah Code §59-10-104 as amended by HB 106 (2025, retroactive to TY2025) · high confidence · as of 2026-07-02 · TY 2025
Utah flat income tax rate is 4.5% for TY2025 (HB 106 retroactive)
the tax is an amount equal to the product of: (a) the resident individual's state taxable income for that taxable year; and (b) 4.5%. ... Section 9. Retrospective operation. This bill has retrospective operation for a taxable year beginning on or after January 1, 2025
Note: HB 106 (2025 GS) cut the §59-10-104 flat rate from 4.65% to 4.5% retrospective to TY2025. Superseded for TY2026: Ch. 250 (2026 GS) amends §59-10-104 to 4.45% effective January 1, 2026 (see ut-code-59-10-104-flat-4-45pct-2026).
https://le.utah.gov/~2025/bills/hbillenr/HB0106.pdf
marital-udcprdaUniform Disposition of Community Property Rights at Death Act (UDCPRDA)Yes: Utah Code §§75-2b-101 to 75-2b-112 preserves community property character of assets acquired in CP states at death of a Utah resident (enacted 2012); surviving spouse retains one-half CP interest
sources (1)
Utah Code §§75-2b-101 to 75-2b-112 (enacted 2012; 1971 uniform act) · high confidence · as of 2026-06-22 · TY 2025
Utah adopted UDCPRDA (Uniform Disposition of Community Property Rights at Death Act) in 2012
Upon the death of a married person, one-half of the property to which this chapter applies is the property of the surviving spouse and is not subject to testamentary disposition by the decedent or distribution under the laws of succession of this state.
Note: Utah enacted UDCPRDA in 2012 (1971 original uniform act). Protects community property character of assets acquired in community property states when a couple moves to Utah.
https://le.utah.gov/xcode/Title75/Chapter2B/C75-2b_1800010118000101.pdf
migration-loss-conformityMigration loss carryforward conformityFull conform (structural inference): Utah computes its income tax from the federal base, so an imported federal section 1212 capital-loss carryforward flows through to offset post-residency gains; no published guidance addresses the imported pre-residency carryforward.
sources (1)
Utah Code §59-10-104; HB 106 (2025, retroactive to TY2025) · medium confidence · as of 2026-07-03 · TY 2025
Utah conforms to the federal capital-loss base; treatment of an imported pre-residency section 1212 carryforward is a structural inference
A tax is imposed on the state taxable income of a resident individual as provided in this section. There shall be added to adjusted gross income of a resident or nonresident individual: (a) a lump sum distribution that the taxpayer does not include in adjusted gross income on the taxpayer's federal individual income tax return for the taxable year.
Note: Utah begins from federal adjusted gross income (Sections 59-10-104 and 59-10-114), so the federal Section 1212 capital-loss carryover flows through. No published guidance addresses the treatment of a carryforward imported from a pre-residency year; that application remains a structural inference.
https://le.utah.gov/xcode/Title59/Chapter10/59-10-S104.html