Tc-40 Forms And Instructions - Individual Income Tax Page 18

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16
Part 2 - Subtractions from Income
Nation/Tribe Code
1 Confederated Tribes of the Goshute Reservation
Enter the following subtractions from income that apply on TC-
2 Navajo Nation Reservation
40A, Part 2 and attach it to your Utah return.
3 Paiute Indian Tribe of Utah Reservation
On TC-40A, write the code and amount of each subtraction
4 Skull Valley Bank of Goshute Indians
5 Ute Indian Tribe
from income. Enter the sum of all subtractions from income
6 Other tribe
on line 8 of your Utah TC-40. Each subtraction from income is
explained below.
(78) Railroad Retirement Income
(UC §59-10-114(2)(d))
Codes for Subtractions from Income, TC-40A, Part 2
Federal law does not permit states to tax railroad retirement,
71 Interest from U. S. Government Obligations
disability income, unemployment income, and sickness
77 Native American Income
benefi ts received from the Railroad Retirement Board and
78 Railroad Retirement Income
reported on form RRB-1099.
79 Equitable Adjustments
82 Nonresident Active Duty Military Pay
Railroad retirement pensions are deductible only if taxed on
85 State Tax Refund Distributed to Benefi ciary of Trust
the federal return. If you received pension payments, disability
88 Nonresident Military Spouse Income
income or unemployment payments under the Railroad
Retirement Act and report all or part of the amount received
(71) Interest from U. S. Government Obligations
as income on federal form 1040, lines 16b and/or 20b, or on
(UC §59-10-114(2)(a))
federal form 1040A, lines 12b and/or 14b, you may deduct
Pub 33 - Detailed instructions of Interest
that amount from Utah income. If amounts from sources other
from U. S. Government Obligations -
than railroad retirement are included on these lines on your
tax.utah.gov/forms
federal return, only deduct the amount of railroad retirement
reported on these lines.
Interest earned on U. S. Government obligations issued by an
agency or instrumentality of the United States is exempt from
If you use a railroad retirement pension from form RRB-
state income tax. These obligations include:
1099 to calculate the retirement credit on form TC-40C for a
• Treasury bills,
taxpayer under age 65, do not deduct the amount again on
• Treasury notes, and
TC-40A, Part 2.
• E, EE, H, HH, and I bonds.
(79) Equitable Adjustments
The following income is NOT exempt from Utah income tax:
(UC §59-10-115(1))
• Interest or dividends from Federal National Mortgage
Enter any qualifi ed equitable adjustment needed to prevent
Association (FNMA) and Government National Mortgage
paying double tax. Attach an explanation of any equitable
Association (GNMA); and
adjustment claimed.
• Interest on IRS or other federal agency refunds.
(82) Nonresident Active Duty Military Pay
The following conditions determine if the instrument qualifi es
(UC §59-10-103(1)(l))
as a U. S. Government obligation (see U.S. Supreme Court
Active duty military service pay received by a nonresident
decision, Smith vs. Davis, 323 U.S. 111 (1944)). The instrument
is not taxable on the Utah return. The amount of active
must: (1) be a written document, (2) bear interest, (3) contain a
duty military pay included in federal adjusted gross income
binding promise by the U. S. Government to pay a specifi c sum
should be deducted on TC-40A, Part 2, using code 82. Also,
on a specifi c date, and (4) have congressional authorization to
see instructions for TC-40B, column A and Pub 57, Military
pledge the full faith and credit of the United States in support
Personnel Instructions.
of the promise to pay.
(85) State Tax Refund Distributed to Benefi ciary of Trust
Only interest or dividend income from U. S. Government obli-
(UC §59-10-114(2)(c))
gations included in your federal adjusted gross income should
Enter any state tax refund distributed to a benefi ciary of a
be deducted from Utah income. Before entering an amount,
resident trust if the tax was used to compute federal income
subtract any related interest expense on money borrowed to
of the resident trust for the year.
purchase the obligation or security.
(88) Nonresident Military Spouse Income
Keep all records, forms and worksheets to support this sub-
All income of the nonresident spouse of a nonresident active
traction.
duty military service member may be exempt from Utah tax if
the following conditions are met: (1) the nonresident spouse
(77) Native American Income
had the same domicile as the nonresident service member
(UC §59-10-114(2)(b) and (e))
prior to moving to Utah, (2) the nonresident active duty
A member of a Native American tribe in Utah who lives and
service member is in Utah under military orders, and (3) the
works on the reservation where he/she is an enrolled member
nonresident spouse is in Utah to be with their military spouse.
is exempt from Utah income tax on the reservation income. An
enrolled member of the Ute tribe who works on the Uintah and
Deduct total income of the nonresident spouse on TC-40A,
Ouray Reservation and lives on land removed from that reser-
Part 2, using code 88.
vation under Hagen vs. Utah (510 U.S. 399 (1994)) is exempt
When completing TC-40B, deduct only the Utah income of
from Utah income tax on income earned on the reservation.
the nonresident spouse in Column A, line 32.
Enter the exempt income included in your federal total income
on TC-40A, Part 2, using code 77. Enter your enrollment/
census number and your Native/Tribe Code from the list in
the next column.

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