2023 Utah Code › Title 63N - Economic Opportunity Act › Chapter 2 - Tax Credit Incentives for Economic Development › Part 1 - Economic Development Tax Increment Financing › Section 104.2 - Written agreement -- Contents -- Grounds for amendment or termination.

Effective 5/4/2022
63N-2-104.2.
Written agreement -- Contents -- Grounds for amendment or termination.
(1) If the office determines that a business entity is eligible for a tax credit under Section 63N-2-104.1, the office may enter into a written agreement with the business entity that:
(a) establishes performance benchmarks for the business entity to claim a tax credit, including any minimum wage requirements;
(b) specifies the maximum amount of tax credit that the business entity may be authorized for a taxable year and over the life of the new commercial project, subject to the limitations in Section 63N-2-104.3;
(c) establishes the length of time the business entity may claim a tax credit;
(d) requires the business entity to retain records supporting a claim for a tax credit for at least four years after the business entity claims the tax credit;
(e) requires the business entity to submit to audits for verification of any tax credit claimed; and
(f) requires the business entity, in order to claim a tax credit, to meet the requirements of Section 63N-2-105.
(2) In establishing the terms of a written agreement, including the duration and amount of tax credit that the business entity may be authorized to receive, the office shall:
(a) authorize the tax credit in a manner that provides the most effective incentive for the new commercial project;
(b) consider the following factors:
(i) whether the new commercial project provides vital or specialized support to supply chains;
(ii) whether the new commercial project provides an innovative product, technology, or service;
(iii) the number and wages of new incremental jobs associated with the new commercial project;
(iv) the amount of financial support provided by local government entities for the new commercial project;
(v) the amount of capital expenditures associated with the new commercial project;
(vi) whether the new commercial project returns jobs transferred overseas;
(vii) the rate of unemployment in the county in which the new commercial project is located;
(viii) whether the new commercial project creates a remote work opportunity;
(ix) whether the new commercial project is located in a development zone created by a local government entity as described in Subsection 63N-2-104(2);
(x) whether the business entity commits to hiring Utah workers for the new commercial project;
(xi) whether the business entity adopts a corporate citizenry plan or supports initiatives in the state that advance education, gender equality, diversity and inclusion, work-life balance, environmental or social good, or other similar causes;
(xii) whether the business entity's headquarters are located within the state;
(xiii) the likelihood of other business entities relocating to another state as a result of the new commercial project;
(xiv) the necessity of the tax credit for the business entity's expansion in the state or relocation from another state; and
(xv) the location and impact of the new commercial project on existing and planned transportation facilities, existing and planned housing, including affordable housing, and public infrastructure; and
(c) consult with the GO Utah board.
(3)
(a) In determining the amount of tax credit that a business entity may be authorized to receive under a written agreement, the office may:
(i) authorize a higher or optimized amount of tax credit for a new commercial project located within a development zone created by a local government entity as described in Subsection 63N-2-104(2); and
(ii) establish by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, a process by which the office closely approximates the amount of taxes the business entity paid under Title 59, Chapter 12, Sales and Use Tax Act, for a capital project.
(b) The office may apply a process described in Subsection (3)(a)(ii) to a business entity only with respect to a new or amended written agreement that takes effect on or after January 1, 2022.
(4) If the office identifies any of the following events after entering into a written agreement with a business entity, the office and the business entity shall amend, or the office may terminate, the written agreement:
(a) a change in the business entity's organization resulting from a merger with or acquisition of another entity located in the state;
(b) a material increase in the business entity's retail operations that results in new state revenue not subject to the incentive; or
(c) an increase in the business entity's operations that:
(i) is outside the scope of the written agreement or outside the boundaries of a development zone; and
(ii) results in new state revenue not subject to the incentive.
Enacted by Chapter 200, 2022 General Session