(1) As used in this section: (a) (i) "Approved project" means a project: (A) undertaken by a nonprofit corporation headquartered in an enterprise zone and where the primary purpose of the project is community and economic development; (B) that is located or proposed to be located in an existing enterprise zone; (C) that has been approved by the legislative body of the county or of the municipality where the project is located or is proposed to be located; and (D) that has been reviewed and approved in accordance with this section by the office and by the Governor's Rural Partnership Board, created in Section 63C-10-102. (ii) "Approved project" may include: (A) a community event or project that will foster community and economic development; (B) the building or renovating of, or the acquisition of property for, a museum; (C) the building or renovating of, or the acquisition of property for, a tourist or visitor center; (D) the building or renovating of, or the acquisition of property for, a theater; or (E) the building or renovating of, or the acquisition of property for, a building where the use of the building will foster community and economic development. (iii) "Approved project" may not include: (A) the building or renovating of a state-owned building; (B) providing or funding scholarships; or (C) the building or renovating of a housing project. (b) "Nonprofit contribution tax credit" means a nonrefundable tax credit related to contributions to a nonprofit corporation for an approved project in an enterprise zone. (c) "Nonprofit corporation" means a private corporation that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code.

(a) (i) "Approved project" means a project: (A) undertaken by a nonprofit corporation headquartered in an enterprise zone and where the primary purpose of the project is community and economic development; (B) that is located or proposed to be located in an existing enterprise zone; (C) that has been approved by the legislative body of the county or of the municipality where the project is located or is proposed to be located; and (D) that has been reviewed and approved in accordance with this section by the office and by the Governor's Rural Partnership Board, created in Section 63C-10-102. (ii) "Approved project" may include: (A) a community event or project that will foster community and economic development; (B) the building or renovating of, or the acquisition of property for, a museum; (C) the building or renovating of, or the acquisition of property for, a tourist or visitor center; (D) the building or renovating of, or the acquisition of property for, a theater; or (E) the building or renovating of, or the acquisition of property for, a building where the use of the building will foster community and economic development. (iii) "Approved project" may not include: (A) the building or renovating of a state-owned building; (B) providing or funding scholarships; or (C) the building or renovating of a housing project.

(i) "Approved project" means a project: (A) undertaken by a nonprofit corporation headquartered in an enterprise zone and where the primary purpose of the project is community and economic development; (B) that is located or proposed to be located in an existing enterprise zone; (C) that has been approved by the legislative body of the county or of the municipality where the project is located or is proposed to be located; and (D) that has been reviewed and approved in accordance with this section by the office and by the Governor's Rural Partnership Board, created in Section 63C-10-102.

(A) undertaken by a nonprofit corporation headquartered in an enterprise zone and where the primary purpose of the project is community and economic development;

(B) that is located or proposed to be located in an existing enterprise zone;

(C) that has been approved by the legislative body of the county or of the municipality where the project is located or is proposed to be located; and

(D) that has been reviewed and approved in accordance with this section by the office and by the Governor's Rural Partnership Board, created in Section 63C-10-102.

(ii) "Approved project" may include: (A) a community event or project that will foster community and economic development; (B) the building or renovating of, or the acquisition of property for, a museum; (C) the building or renovating of, or the acquisition of property for, a tourist or visitor center; (D) the building or renovating of, or the acquisition of property for, a theater; or (E) the building or renovating of, or the acquisition of property for, a building where the use of the building will foster community and economic development.

(A) a community event or project that will foster community and economic development;

(B) the building or renovating of, or the acquisition of property for, a museum;

(C) the building or renovating of, or the acquisition of property for, a tourist or visitor center;

(D) the building or renovating of, or the acquisition of property for, a theater; or

(E) the building or renovating of, or the acquisition of property for, a building where the use of the building will foster community and economic development.

(iii) "Approved project" may not include: (A) the building or renovating of a state-owned building; (B) providing or funding scholarships; or (C) the building or renovating of a housing project.

(A) the building or renovating of a state-owned building;

(B) providing or funding scholarships; or

(C) the building or renovating of a housing project.

(b) "Nonprofit contribution tax credit" means a nonrefundable tax credit related to contributions to a nonprofit corporation for an approved project in an enterprise zone.

(c) "Nonprofit corporation" means a private corporation that is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code.

(2) In accordance with this section, a claimant who is issued a nonprofit contribution tax credit certificate by the office under this section may claim a nonprofit contribution tax credit in the amount specified on the nonprofit contribution tax credit certificate.

(3) The total amount of the nonprofit contribution tax credits issued by the office under this section for all claimants may not exceed $75,000 in any calendar year.

(4) (a) A nonprofit corporation that is seeking the office's review and approval of a project for the purposes of this section shall submit an application to the office on or before July 1 of the calendar year in which the nonprofit corporation will undertake the project. (b) The application shall include: (i) documentation to demonstrate that the project has been approved by the legislative body of the county or of the municipality where the project is located or is proposed to be located; (ii) documentation to demonstrate that the project meets the definition and requirements of an approved project described in this section; (iii) a budget for the project, including how much money for the project is intended to be funded from contributions from potential claimants; and (iv) an agreement to provide post-performance reporting related to the project as required by the office.

(a) A nonprofit corporation that is seeking the office's review and approval of a project for the purposes of this section shall submit an application to the office on or before July 1 of the calendar year in which the nonprofit corporation will undertake the project.

(b) The application shall include: (i) documentation to demonstrate that the project has been approved by the legislative body of the county or of the municipality where the project is located or is proposed to be located; (ii) documentation to demonstrate that the project meets the definition and requirements of an approved project described in this section; (iii) a budget for the project, including how much money for the project is intended to be funded from contributions from potential claimants; and (iv) an agreement to provide post-performance reporting related to the project as required by the office.

(i) documentation to demonstrate that the project has been approved by the legislative body of the county or of the municipality where the project is located or is proposed to be located;

(ii) documentation to demonstrate that the project meets the definition and requirements of an approved project described in this section;

(iii) a budget for the project, including how much money for the project is intended to be funded from contributions from potential claimants; and

(iv) an agreement to provide post-performance reporting related to the project as required by the office.

(5) The office shall review each application received in accordance with Subsection (4) and on or before August 1 submit to the Governor's Rural Partnership Board each application for a project that, except for the review and approval of the Governor's Rural Partnership Board, meets the requirements of Subsections (1)(a) and (4).

(6) (a) The Governor's Rural Partnership Board shall review each application for a project received from the office in accordance with Subsection (5) to determine whether the project is an approved project and determine the amount of nonprofit contribution tax credits available to potential claimants that make contributions toward the approved project. (b) The Governor's Rural Partnership Board may not approve available nonprofit contribution tax credits in a calendar year: (i) in an amount more than $75,000 for all approved projects combined; (ii) for any one project, in an amount more than 50% of the total amount the nonprofit corporation has provided in the nonprofit corporation's budget for the project; and (iii) for any claimant, in an amount more than 50% of the claimant's contribution to the nonprofit corporation for the project. (c) In reviewing each application for a project under this Subsection (6), the Governor's Rural Partnership Board may prioritize which projects to approve based upon: (i) the limitations regarding the amount of available nonprofit contribution tax credits described in Subsection (6)(b); and (ii) which projects the Governor's Rural Partnership Board determines will best contribute to rural community and economic development in the state.

(a) The Governor's Rural Partnership Board shall review each application for a project received from the office in accordance with Subsection (5) to determine whether the project is an approved project and determine the amount of nonprofit contribution tax credits available to potential claimants that make contributions toward the approved project.

(b) The Governor's Rural Partnership Board may not approve available nonprofit contribution tax credits in a calendar year: (i) in an amount more than $75,000 for all approved projects combined; (ii) for any one project, in an amount more than 50% of the total amount the nonprofit corporation has provided in the nonprofit corporation's budget for the project; and (iii) for any claimant, in an amount more than 50% of the claimant's contribution to the nonprofit corporation for the project.

(i) in an amount more than $75,000 for all approved projects combined;

(ii) for any one project, in an amount more than 50% of the total amount the nonprofit corporation has provided in the nonprofit corporation's budget for the project; and

(iii) for any claimant, in an amount more than 50% of the claimant's contribution to the nonprofit corporation for the project.

(c) In reviewing each application for a project under this Subsection (6), the Governor's Rural Partnership Board may prioritize which projects to approve based upon: (i) the limitations regarding the amount of available nonprofit contribution tax credits described in Subsection (6)(b); and (ii) which projects the Governor's Rural Partnership Board determines will best contribute to rural community and economic development in the state.

(i) the limitations regarding the amount of available nonprofit contribution tax credits described in Subsection (6)(b); and

(ii) which projects the Governor's Rural Partnership Board determines will best contribute to rural community and economic development in the state.

(7) On or before September 1, the Governor's Rural Partnership Board shall provide a list to the office of approved projects and the amount of nonprofit contribution tax credits available to potential claimants that make contributions toward each approved project.

(8) (a) If a project is approved in accordance with Subsection (6), the office shall provide the nonprofit corporation with a document describing the approved amount of nonprofit contribution tax credits available to potential claimants who make contributions to the nonprofit corporation for an approved project and the nonprofit corporation's requirements for post-performance reporting to the office. (b) Subject to Subsection (3), the office shall ensure that a document described in this Subsection (6) includes: (i) the amount of total contributions to the nonprofit corporation that qualify for a nonprofit contribution tax credit, which may not exceed the amount the nonprofit corporation has provided in the nonprofit corporation's budget for the project as described in Subsection (4)(b)(iii); and (ii) the percentage of the contribution that may be returned to potential claimants in the form of nonprofit contribution tax credits, which may not exceed 50% of the contributions to the nonprofit corporation for an approved project.

(a) If a project is approved in accordance with Subsection (6), the office shall provide the nonprofit corporation with a document describing the approved amount of nonprofit contribution tax credits available to potential claimants who make contributions to the nonprofit corporation for an approved project and the nonprofit corporation's requirements for post-performance reporting to the office.

(b) Subject to Subsection (3), the office shall ensure that a document described in this Subsection (6) includes: (i) the amount of total contributions to the nonprofit corporation that qualify for a nonprofit contribution tax credit, which may not exceed the amount the nonprofit corporation has provided in the nonprofit corporation's budget for the project as described in Subsection (4)(b)(iii); and (ii) the percentage of the contribution that may be returned to potential claimants in the form of nonprofit contribution tax credits, which may not exceed 50% of the contributions to the nonprofit corporation for an approved project.

(i) the amount of total contributions to the nonprofit corporation that qualify for a nonprofit contribution tax credit, which may not exceed the amount the nonprofit corporation has provided in the nonprofit corporation's budget for the project as described in Subsection (4)(b)(iii); and

(ii) the percentage of the contribution that may be returned to potential claimants in the form of nonprofit contribution tax credits, which may not exceed 50% of the contributions to the nonprofit corporation for an approved project.

(9) The office shall certify a claimant's eligibility for a nonprofit contribution tax credit described in this section.

(10) Before a claimant may receive a nonprofit contribution tax credit certificate described in this section, a nonprofit corporation that receives a document, in accordance with Subsection (8), describing the approved amount of nonprofit contribution tax credits shall provide: (a) a list of each potential claimant that has contributed to the approved project during the calendar year and the amount of money contributed by each potential claimant; and (b) evidence that the money donated from each potential claimant was spent by the nonprofit corporation on an approved project.

(a) a list of each potential claimant that has contributed to the approved project during the calendar year and the amount of money contributed by each potential claimant; and

(b) evidence that the money donated from each potential claimant was spent by the nonprofit corporation on an approved project.

(11) A claimant seeking to receive a nonprofit contribution tax credit as provided in this section shall provide the office with an application for the nonprofit contribution tax credit in a form approved by the office, including documentation that demonstrates the claimant and the nonprofit corporation have met the requirements for the claimant to receive the nonprofit contribution tax credit, including providing evidence of the amount of the contribution made to a nonprofit corporation for an approved project.

(12) If, after the review of an application and documentation provided by a claimant as described in Subsection (11), the office determines that the application and documentation are inadequate to provide a reasonable justification for authorizing the nonprofit contribution tax credit, the office shall: (a) deny the nonprofit contribution tax credit; or (b) inform the claimant that the application or documentation was inadequate and ask the claimant to submit additional documentation.

(a) deny the nonprofit contribution tax credit; or

(b) inform the claimant that the application or documentation was inadequate and ask the claimant to submit additional documentation.

(13) If, after review of an application and documentation provided by a claimant as described in Subsection (11), the office determines that the application and documentation provide reasonable justification for authorizing a nonprofit contribution tax credit, the office shall: (a) determine the amount of the nonprofit contribution tax credit to be granted to the claimant; (b) issue a nonprofit contribution tax credit certificate to the claimant; and (c) provide a duplicate copy of the nonprofit contribution tax credit certificate to the State Tax Commission.

(a) determine the amount of the nonprofit contribution tax credit to be granted to the claimant;

(b) issue a nonprofit contribution tax credit certificate to the claimant; and

(c) provide a duplicate copy of the nonprofit contribution tax credit certificate to the State Tax Commission.

(14) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office shall make rules describing: (a) the form and content of an application for a nonprofit corporation to make a project an approved project; (b) the documentation requirements for a claimant to receive a nonprofit contribution tax credit certificate under this section; and (c) administration of the program, including rules that ensure the aggregate value of nonprofit contribution tax credit certificates issued by the office under this section does not exceed $75,000 in any calendar year.

(a) the form and content of an application for a nonprofit corporation to make a project an approved project;

(b) the documentation requirements for a claimant to receive a nonprofit contribution tax credit certificate under this section; and

(c) administration of the program, including rules that ensure the aggregate value of nonprofit contribution tax credit certificates issued by the office under this section does not exceed $75,000 in any calendar year.