Utah Code » Title 59, Chapter 7 — Corporate Franchise and Income Taxes; part 59-7-7 — S Corporations
Utah Code

Utah Code § 59-7-701 (2026)

Taxation of S corporations

✓ current as of May 2026
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Except as provided in Section 59-7-102 and subject to the other provisions of this part, beginning on July 1, 1994, and ending on the last day of the taxable year that begins on or after January 1, 2012, but begins on or before December 31, 2012, an S corporation is subject to taxation in the same manner as that S corporation is taxed under Subchapter S - Tax Treatment of S Corporations and Their Shareholders, Sec. 1361 et seq., Internal Revenue Code.
An S corporation is taxed at the tax rate provided in Section 59-7-104.
The business income and nonbusiness income of an S corporation is subject to Part 3, Allocation and Apportionment of Income - Utah UDITPA Provisions.
An S corporation having income derived from or connected with Utah sources shall make a return in accordance with Sections 59-10-507 and 59-10-514.
An S corporation shall make payments of estimated tax as required by Section 59-7-504.
An S corporation is subject to Chapter 10, Part 14, Pass-Through Entities and Pass-Through Entity Taxpayers Act.
A pass-through entity taxpayer as defined in Section 59-10-1402 of an S corporation is subject to Chapter 10, Part 14, Pass-Through Entities and Pass-Through Entity Taxpayers Act.
Provisions under this chapter governing the following apply to an S corporation:
an assessment;
a penalty;
a refund; or
a record required for an S corporation.
Notes of Decisions
Cited in 3 cases, 2006–2010 · leading case: MacFarlane v. Utah State Tax Comm'n, 2006 UT 18 (Utah 2006).
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MacFarlane v. Utah State Tax Comm'n, 2006 UT 18 (Utah 2006). · cites it 2× “Compare Utah Code Ann. § 59-7-701 (2004) and Cal.”
Mandell v. Auditing Div. of Utah State Tax Comm'n, 2008 UT 34 (Utah 2008). · cites it 4× “Utah Code Ann. §§ 59-7-701 , -702(2)(b). 136 The proceeds from the sale of HAU constituted Utah source income.”
Prince v. State Dep't of Revenue, 55 So. 3d 273 (Ala. Civ. App. 2010). · cites it 2× “§ 1366(b); see also Utah Code Ann. § 59-7-701 . The gains recognized from this deemed asset sale constitute Utah source income under Utah Code sections 59-10-118(1)(a), which defines business income, and 59-7-114(4), which creates a rebuttable presumption that the gain on a…”
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