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2024 Utah Code
Title 59 - Revenue and Taxation
Chapter 7 - Corporate Franchise and Income Taxes
Part 3 - Allocation and Apportionment of Income - Utah UDITPA Provisions
Section 308 - Allocation of capital gains and losses.
Universal Citation:
UT Code § 59-7-308 (2024)
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59-7-308. Allocation of capital gains and losses.
To the extent that the following constitute nonbusiness income:
Amended by Chapter 83, 1994 General Session
To the extent that the following constitute nonbusiness income:
- (1) capital gains and losses from sales of real property located in this state are allocable to this state;
- (2) capital gains and losses from sales of tangible personal property are allocable to this state if:
- (a) the property had a situs in this state at the time of the sale; or
- (b) the taxpayer's commercial domicile is in this state and the taxpayer is not taxable in the state in which the property had a situs; and
- (3) capital gains and losses from sales of intangible personal property are allocable to this state if the taxpayer's commercial domicile is in this state.
Amended by Chapter 83, 1994 General Session
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