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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) As used in this section:
(a) “Day” means any period of time during a calendar day that an individual is present in the state, unless the presence is solely for transportation through the state.
(b) “Wages” means income that:
(i) is received by an individual for employment duties performed inside this state; and
(ii) would be subject to withholding in accordance with Section 59-10-402 without regard to Subsection 59-10-402(5)(a).
(2) A nonresident individual's wages may not be considered income derived from Utah sources if:
(a) the nonresident individual has no other income from sources within this state for the taxable year in which the nonresident individual receives the wages;
(b) the nonresident individual is present in this state to perform employment duties for 20 or fewer days during the tax year; and
(c) the nonresident individual's state of residence:
(i) provides a substantially similar exclusion; or
(ii) does not impose a state individual income tax.
(3) This section does not apply to wages received by:
(a) an individual who is a professional athlete or a member of a professional athletic team;
(b) an individual who is a professional entertainer and who performs services in the professional performing arts;
(c) an individual of prominence who performs services for wages on a per-event basis;
(d) an individual who performs construction services to improve real property, predominantly on a construction site, as a laborer;
(e) an individual who is a key employee, without regard to ownership or the existence of a benefit plan, for the year immediately preceding the current tax year pursuant to Subsection 416(i), Internal Revenue Code; or
(f) an individual who is an employee of a non-corporate employer, and who would be a key employee without regard to ownership or the existence of a benefit plan, for the year immediately preceding the current tax year pursuant to Subsection 416(i), Internal Revenue Code, if:
(i) the term “employee” were substituted for the term “officer”; and
(ii) the individual is one of the non-corporate employer's 50 highest paid employees without regard to whether the individual is an officer.
Cite this article: FindLaw.com - Utah Code Title 59. Revenue and Taxation § 59-10-117.5. Nonresident individual wage exemption - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-59-revenue-and-taxation/ut-code-sect-59-10-117-5/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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