Form Tc-161 - Utah Registration For Exemption From Corporate Franchise Or Income Tax Page 2
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2R865-6F-18. Exemptions from Corporate Franchise and Income Tax Pursuant to Utah Code Ann. Sections 59-7-101
and 59-7-102.
A. The following definitions apply to the exemption for corporate franchise and income tax for a farmers’ cooperative.
1. “Member” means a person who shares in the profits of a cooperative association and is entitled to participate in the
management of the association.
2. “Producer” means a person who, as owner or tenant, bears the risk of production and receives income based on
farm production rather than fixed compensation.
B. In order to claim an exemption from corporate franchise and income tax provided for by Section 59-7-102, a corporation
must submit to the Tax Commission form TC-161, Utah Registration for Exemption from Corporate Franchise or Income
Tax, along with any information that form requires, for the Tax Commission’s determination that the corporation satisfies
the requirements of Section 59-7-102.
C. A corporation shall notify the Tax Commission of any change that affects its tax exempt status under Section 59-7-102.
D. For purposes of the Section 59-7-102 exemption for a farmers’ cooperative, an association, corporation, or other
organization similar to an association, corporation, or other organization of farmers or fruit growers includes
establishments primarily engaged in growing crops, raising animals, harvesting timber, and harvesting fish and other
animals from a farm, ranch, or their natural habitat.
Internal Revenue Code (IRC) Section 501(c)(3)
Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable,
scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports
competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of
cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or
individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence
legislation (except as otherwise provided in subsection (h)), and which does not participate in, or intervene in (including the
publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public
office.
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