2018 TC-20, Utah Corporation Franchise and Income Tax ...

Utah

2020

Due to legislative action, these instructions have been amended. See the attached addendum for

revised instructions regarding COVID-19 grants and loans.

Corporation Franchise and Income Tax

Utah State Tax Commission ? 210 North 1950 West ? Salt Lake City, Utah 84134 ? tax.

Contents

General Instructions and Information .........................................................................................................................................................1 TC-20 ? Utah Corporation Franchise and Income Tax Return ...................................................................................................................6 Schedule A ? Utah Net Taxable Income and Tax Calculation.....................................................................................................................8 Schedule B ? Additions to Unadjusted Income ........................................................................................................................................13 Schedule C ? Subtractions from Unadjusted Income ...................................................................................................................................... 15 Schedule D ? Utah Contributions Deduction ............................................................................................................................................17 Schedule E ? Prepayments of Any Type...................................................................................................................................................17 Schedule H ? Nonbusiness Income Net of Expenses ..............................................................................................................................18 Schedule J ? Apportionment Schedule ....................................................................................................................................................20 Schedule M ? Corporations Included in Combined Filings.......................................................................................................................24 TC-559, Corporation/Partnership Payment Coupon.................................................................................................................................25 Common Return Errors ............................................................................................................................................................................26

Cover photo by Randolph Prawitt

File the Right Corporate Forms

? TC-20 if Corporation filed federal form 1120, 1120-IC-DISC ? TC-20S if S Corporation filed federal form 1120S ? TC-20MC if Corporation filed federal forms 1120-H, 1120-RIC,

1120-REIT, 990-T or 8023

E-Filing is Easier!

E-filing is the easiest and most accurate way to file. Ask your tax preparer about e-filing your individual, fiduciary, partnership, C corporation and S corporation returns, or use commercial tax software.

Utah Taxpayer Advocate Service

The Taxpayer Advocate Service helps taxpayers who have made multiple, unsuccessful attempts to resolve concerns with the Tax Commission. This service helps resolve problems when normal agency processes break down, identifies why problems occurred, and suggests solutions. See tax.contact, or contact us to find out if you qualify for this service at 801-297-7562 or 1-800-662-4335, ext. 7562, or by email at taxpayeradvocate@.

Do not use the Taxpayer Advocate Service to bypass normal methods for resolving issues or disputes.

Utah is Online

Utah offers many online services for individual and business filers, including:

tap.

? Pay by e-check or credit card. ? Manage your Utah tax account.

? Request payment plans. tax.

? Download forms and instructions for all Utah tax types. ? Link to free business resources and other services.

Need more information?

Questions 801-297-2200 or 1-800-662-4335 (outside the Salt Lake area)

Research

Utah rules, bulletins and Commission decisions: tax.

Utah Code (UC): le.

Internal Revenue Code (IRC): law.cornell.edu/uscode/26

E-Verify for Employers

Employers can help prevent identity theft by verifying the Social Security numbers of job applicants. E-Verify is a free service of the U.S. Department of Homeland Security that verifies employment eligibility through the Internet. Employers can use E-Verify at e-verify.

If you need an accommodation under the Americans with Disabilities Act, email taxada@, or call 801-297-3811 or TDD 801-297-2020. Please allow three working days for a response.

2020 Utah TC-20 Instructions

1

General Instructions and Information

What's New

? Solar Energy Systems Phase-out: The maximum Renewable Residential Energy Systems Credit (Credit 21) for solar power systems installed in 2020 is $1,600.

? COVID-19 Grants and Loans, Subtraction from Income: The 2020 legislatureSepeatsheseatdtacShBed6005, creating a subtraction from income forrefevaidsdeeddreanindlsluytrm-ufcufotnirodnes.d COVID-19 grant funds and forgiven loans that are included in unadjusted gross income. See page 16.

? The 2020 Utah Legislature passed HB 6013, suspending the 80 percent of income limitation on the Utah net loss carryforward deduction for the 2018-2020 tax years.

? Apportionment Method: The 2018 Utah Legislature passed HB 293, creating a new apportionment method and changing the industries that qualify as sales factor weighted taxpayers and optional apportionment taxpayers. See page 20.

Reminders

? Market Sourcing of Revenues from Performance of Services by Multi-stateTaxpayers:Corporations performing a service both in and outside of Utah must calculate the sales factor numerator on Schedule J by considering the service income to be in Utah if the buyer receives a greater benefit of the service in Utah than in any other state. See Schedule J ? Apportionment Schedule in this book.

? Foreign Operating Company Changes: A foreign operating company must have a minimum of at least $1,000,000 in payroll located outside the United States and at least $2,000,000 in property located outside the United States. In addition, income generated from transactions between members of the unitary group, or from intangible property or an asset held for investment does not qualify for the 50 percent foreign operating company income exclusion on Schedule C. See pages 4 and 15.

Corporation Changes

Report corporation changes (e.g., name change, physical and/ or mailing address changes, merger, or ceasing to do business in Utah) in writing to:

UT Division of Corporations and Commercial Code Department of Commerce 160 E 300 S, 2nd Floor PO Box 146705 Salt Lake City, UT 84114-6705 and submit form TC-69C to: Exceptions Processing Utah State Tax Commission 210 N 1950 W Salt Lake City, UT 84134-3215

Dissolution or Withdrawal

Corporations that cease to do business in Utah must either dissolve or withdraw the corporation.

Corporations incorporated in Utah must file Articles of Dissolution with the Department of Commerce.

Corporations incorporated outside of Utah (foreign corporations) must obtain a Certificate of Tax Clearance from the Tax Commission before withdrawing from Utah. Foreign corporations must file an Application for Withdrawal with the Department of Commerce.

To request a Certificate of Tax Clearance, email the Tax Commission at taxmaster@, or call 801-297-7705 or 1-800-662-4335 ext. 7705. We will send you form TC-2001 to complete and return.

Dissolving and withdrawing corporations must also close their other Utah tax accounts (sales, withholding, etc.). To close related tax accounts, send a completed TC-69C, Notice of Change for a Business and/or Tax Account, to the attention of Exceptions Processing at the Tax Commission address above.

Electronic Filing

Utah corporation returns may be filed electronically under a joint program between the Internal Revenue Service and the Utah State Tax Commission.

The federal and state information is submitted at the same time and the IRS extracts its federal data and forwards the state data to the Tax Commission. No papers need to be mailed to the agencies when filing electronically.

Check with your software provider to see if they offer electronic corporation filing.

Learn more about filing your corporation return electronically at tax.developers/mef.

Identification Numbers

The corporation's federal Employer Identification Number (EIN) is the Utah identification number. The Utah Department of Commerce also issues a registration number upon incorporation or qualification in Utah. Enter both the EIN and Utah Incorporation/Qualification number in the proper fields.These numbers are used for identification of the corporate tax return.

Rounding Off to Whole Dollars

Round off cents to the nearest whole dollar. Round down if cents are under 50 cents; round up if cents are 50 cents and above. Do not enter cents on the return.

Liability for Filing and Paying

Tax Forms

The Tax Commission does not mail forms for filing corporate taxes. Get forms at tax.forms or by calling the Forms Hotline at 801-297-6700 or 1-800-662-4335, ext. 6700.

Note: See What to Attach and What to Keep later in these General Instructions for what federal information is required with the Utah return.

Franchise Tax

Every C corporation incorporated in Utah (domestic), qualified in Utah (foreign), or doing business in Utah, whether qualified or not, must file a corporate franchise tax return. C corporation returns are filed on form TC-20. Every corporation that files

2020 Utah TC-20 Instructions

form TC-20 must pay a minimum tax (privilege tax) of $100, regardless of whether or not the corporation exercises its right to do business.

S Corporation

Every S corporation (as defined in IRC ?1361(a)) that has filed a proper and timely election under IRC ?1362(a) must file form TC-20S, so long as the federal election remains in effect. The minimum tax does not apply to S corporations.

Income Tax

Corporate income tax filers use form TC-20.

Corporations required to file under the income tax provisions are those that derive income from Utah sources, but are not qualified to do business in Utah and have no regular and established place of business in Utah, either owned or rented, and do not maintain an inventory or have employees located at a place of business in Utah.

Example 1:

A trucking company, operated in or through Utah by a foreign corporation not qualified to do business in Utah, is subject to income tax rather than franchise tax.

2

Where to File

Mail your return to: Utah State Tax Commission 210 N 1950 W Salt Lake City, UT 84134-0300

Due Date

A return must be filed on or before the 15th day of the fourth month following the close of the taxable year or the due date of the federal return, whichever is later. If the due date falls on a Saturday, Sunday or legal holiday, the due date becomes the next business day.

Filing Extension

Corporations are automatically allowed an extension of up to six months to file a return without filing an extension form. This is NOT an extension of time to pay your taxes ? it is only an extension of time to file your return. To avoid penalty, the prepayment requirements must be met on or before the original return due date, and the return must be filed within the six-month extension period.

Prepayment Requirements

Example 2:

A lender issuing credit cards to Utah customers from outside Utah that is not qualified to do business in Utah and has no place of business in Utah is subject to income tax rather than franchise tax.

A $100 minimum tax applies to the corporate income tax.

Federal Form 1120-IC-DISC

If the corporation is filing a federal form 1120-IC-DISC and is not owned 50 percent or more by another corporation, none of its income is taxable to the corporation but must be passed-through to the DISC corporation shareholders who would report and pay tax on the distribution on their personal or business tax returns.

Taxable Year

The taxable year for Utah tax purposes must match the taxable year used for federal tax purposes. When the taxable year changes for federal purposes, the taxable year must be changed for Utah purposes. See Filing Return When Period Changed below.

Filing Return When Period Changed

When changes are made to the taxable year, as indicated under Taxable Year above, a short-period return is required. The short-period return must cover the period of less than 12 months between the prior taxable year-end and the new taxable year. The tax rates as provided in UC ??59-7-104 and 59-7-201 apply to short-period returns, which includes a minimum tax of $100.

Extension Prepayments

Extension prepayments must equal 90 percent of the current year's tax liability (or the $100 minimum tax, whichever is greater) or 100 percent of the previous year's tax liability. The tax used to compute the 90 percent amount includes the interest on installment sales and the recapture of low-income housing credit on the return.

Use form TC-559, Corporation/Partnership Payment Coupon to make the estimated prepayments.

Quarterly Payments

Every corporation having a Utah tax liability of $3,000 or more in the current taxable year, or a tax liability of $3,000 or more in the previous taxable year, must make quarterly estimated tax payments. In addition, a parent company filing a combined report with affiliated companies must make the quarterly payment when the aggregate tax amount is $3,000 or more for all companies listed on Schedule M, including those paying only the minimum tax.

A corporation does not need to make quarterly estimated tax payments the first year it files in Utah if it pays the minimum tax on or before the due date, without the extension.

Quarterly estimated payments are due on the 15th day of the 4th, 6th, 9th and 12th months of the corporation's taxable year, unless federal action changes the federal quarterly due dates. Corporations may elect to make the quarterly estimated tax payments equal to 100 percent of the prior year's tax in four equal payments, or 90 percent of the current year's tax based on the percentages below. As defined in UC ?59-7-504(2), the applicable percentage of the required payment for annualized income installments, for adjusted seasonal installments, and for estimated tax payments based on the current year tax liability:

2020 Utah TC-20 Instructions

Installment

Percentage

1st

22.5

2nd

45.0

3rd

67.5

4th

90.0

If you use a different annualization period than the period used for federal purposes, you must make an election with the Tax Commission at the same time as provided in IRC ?6655. Make estimated tax payments with form TC-559, Corporation/ Partnership Payment Coupon.

Corporations that do not make the required tax prepayments are subject to a penalty. See Penalties, below.

Penalties

Utah law (UC ?59-1-401) provides penalties for not filing tax returns by the due date, not paying tax due on time, not making sufficient prepayment on extension returns, and not filing information returns or supporting schedules. See tax.utah. gov/billing/penalties-interest and Pub 58, Utah Interest and Penalties, at tax.forms.

The Tax Commission will calculate the penalty for underpayment of required prepayments.

Exceptions to Penalty on Estimated Tax

Annualized Exception

A corporation may annualize its income before determining the amount of each estimated tax installment. Follow federal guidelines to determine annualized income. If the corporation meets the annualized exception at the federal level for any installment, check the appropriate box(es) on form TC-20, line 15.

Recurring Seasonal Exception

A corporation with recurring seasonal income may annualize its income before determining the amount of each estimated tax installment. Follow federal guidelines to determine seasonal income. If the corporation meets the seasonal exception at the federal level for any installment, check the appropriate box(es) on form TC-20, line 15.

Prepayment of Minimum Tax

Corporations that meet the prepayment requirement in the current year and had a tax liability of $100 (the minimum tax) for the previous year may choose to prepay the $100 minimum tax on the 15th day of the 12th month instead of four payments of $25.

Corporations that met the prepayment requirement in the previous year and have a tax liability of $100 (the minimum tax) in the current year may choose to prepay the minimum tax amount of $100 on the 15th day of 12th month instead of four payments of $25. In this case, the corporation must pay $100, not 90 percent.

3

Interest (in addition to penalties due)

Interest is assessed on underpayments from the due date until the liability is paid in full. The interest rate for the 2021 calendar year is 2 percent.

For more information, get Pub 58, Utah Interest and Penalties, at tax.forms.

Suspension for Failure to Pay Tax Due

Utah law provides for suspension of a corporation's right to do business in Utah if it fails to pay taxes due before 5:00 p.m. on the last day of the 11th month after the due date.

If you cannot pay the full amount you owe, you can request a payment plan. Go to tap. and click "Request Waiver, Payment Plan or e-Reminder."

You may also:

1. complete formTC-804B, BusinessTax Payment Agreement Request (tax.forms), or

2. calltheTaxCommissionat801-297-7703or1-800-662-4335 ext. 7703.

What to Attach and What to Keep

Include the following with your Utah TC-20. Also, keep copies of these with your tax records.

? Utah Corporation Return Schedules: Attach applicable Utah schedules A, B, C, D, E, H, J, and/or M.

? Federal Return: Attach only pages 1 through 6 of your federal corporation return, plus Schedule M-3 and IRS form 1125-A, if applicable.

Do not send a copy of your entire federal return, credit schedules, worksheets, or other documentation with your Utah return unless otherwise stated in these instructions. Keep these in your files. We may ask you to provide them later to verify entries on your Utah return.

Combined Reports

Any corporation owned by another corporation, or owning more than 50 percent of another corporation, or a group of corporations related through common ownership (i.e., certain brother/ sister corporations) and engaged in unitary business activity, must file a combined report showing the combined income of all such corporations.

A captive real estate investment trust must be included as a member of a unitary group. A real estate investment trust (REIT) is a captive real estate investment trust if the shares or beneficial interests of the REIT are not regularly traded on an established securities market and more than 50 percent of the voting power or value of the shares or beneficial interests of the REIT are directly, indirectly, or constructively owned or controlled by a controlling entity of the REIT.

Unitary Business

A unitary business exists if the activities of the corporations (subsidiary or affiliated corporations related through common ownership) are economically interdependent as demonstrated by the following factors:

2020 Utah TC-20 Instructions

? Strong centralized management

? Functional integration

? Attainment of operational economies of scale

Instructions for Combining Captive Real Estate Investment Trusts

The income and factors for a captive real estate investment trust are included in a manner similar to other unitary corporations in the combined group. Utah statutes include taxable income from federal form 1120-REIT before the net operating loss deduction and the deduction for dividends paid. A Utah deduction is allowed for the IRC ?857(b)(2)(E) deduction. A subtraction is also allowed for dividends received from a captive real estate investment trust by a member of the unitary group.This subtraction is essentially an intercompany elimination since the 1120-REIT taxable income is included before the federal dividends paid deduction.

The property, payroll and sales of a REIT are included in the factors of the combined group to the extent otherwise provided in Utah laws and rules. Intercompany transactions between a captive REIT and any member of the unitary group must be removed from the sales factor. Similarly, intercompany rents must be removed from the combined property factor.

Water's Edge Combined Report

A unitary group must file on a water's edge basis unless the worldwide combination method has been elected. A water's edge combined report includes the income and activities of all members of a unitary group that are:

? corporations organized or incorporated in the United States, including those corporations qualifying for the Puerto Rico and Possession Tax Credit as provided in IRC ?936; and

? corporations organized or incorporated outside of the United States meeting the threshold level of business activity.

Water's Edge Election

A group of corporations that are not otherwise a unitary group may elect to file a water's edge combined report under UC ?59-7-402(2) if each member of the group is:

? doing business in Utah,

? part of the same affiliated group, and

? qualified under IRC ?1501 to file a federal consolidated return.

Each corporation within the affiliated group doing business in Utah must consent to filing the combined report. If an affiliated group elects to file a combined report, each corporation within the affiliated group doing business in Utah must be included in the combined report.

Corporations that elect to file a water's edge combined report under this section may not thereafter elect to file a separate return without the consent of the Tax Commission.

Worldwide

A unitary group may elect to file a worldwide combined report. When the worldwide combined reporting method is elected, the income or loss of each corporation within the unitary group must be included regardless of the country in which the corporations are incorporated or conduct business.

4

Corporations electing to file a worldwide combined report may not later elect to file a return on a basis other than a worldwide combined report without the consent of the Tax Commission.

Threshold Level of Business Activity

Foreign corporations that conduct 20 percent or more of their business activity in the United States, as measured by the average of the property and payroll factors, must be included 100 percent in a water's edge combined report. Any business activity in Utah will subject a foreign corporation to Utah franchise tax. The combined reporting threshold test determines whether the foreign corporation is a member of a unitary group.

Foreign Dividends

Fifty percent of unitary foreign dividends are included in adjusted income. The remaining 50 percent, less certain expenses, are excluded. (See UC ?59-7-106(1)(k) and (3).) A portion of the property, payroll and sales of each dividend paying subsidiary is allowed to be included in the combined apportionment denominators at the ratio the amount of the dividend included in Utah combined income bears to the total earnings and profits for each dividend paying company.

Preparation of Combined Report(s)

A group filing a combined report will calculate adjusted income of the combined group by:

1. determining which corporations are unitary;

2. computing unadjusted income on a separate return basis;

3. combining income or loss of the members included in the combined report;

4. making appropriate eliminations and adjustments between members included in the combined report to arrive at unadjusted income on a combined basis; and

5. making additions and subtractions to unadjusted income as outlined in Schedules B, C and D to arrive at adjusted income.

Corporations that file either a water's edge or worldwide combined report must eliminate all intercompany sales or other intercompany transactions between corporations included in the combined report in determining the sales factor on TC-20, Schedule J. Similarly, corporations filing a Utah combined report may not include intercompany rents or other intercompany transactions between those corporations in determining the property factor. See UC ?59-7-404.5.

A unitary group of corporations is considered a single taxpayer for purposes of the assignment of sales in the sales factor of the apportionment calculation. Therefore, sales of tangible personal property by any member of the unitary group delivered or shipped into Utah are includable in the Utah sales numerator. Conversely, such sales originating in Utah, which are delivered or shipped to another state, will not be included in the Utah sales numerator if any member of the unitary group has a taxable presence (nexus) in that state. See Tax Commission Rule R865-6F-24.

IRC Sections 338, 338(h)(10) and 336(e)

An election made or considered to be made under IRC ??338, 338(h)(10) and 336(e) is also followed for Utah purposes.

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