59-10-1307. Contributions for education. (1) Except as provided in Section
59-10-1304, a resident or nonresident individual thatfiles an individual income tax return under this chapter may designate on the resident ornonresident individual's individual income tax return a contribution as provided in this part to:
(a) the foundation of any school district if that foundation is exempt from federal incometaxation under Section 501(c)(3), Internal Revenue Code; or
(b) a school district described in Title 53A, Chapter 2, School Districts, if the schooldistrict has not established a foundation.
(2) If a resident or nonresident individual designates an amount as a contribution under:
(a) Subsection (1)(a), but does not designate a particular school district foundation toreceive the contribution, the contribution shall be made to the Utah State Office of Education tobe distributed to one or more associations of foundations:
(i) if those foundations that are members of the association are established in accordancewith Section
53A-4-205; and
(ii) as determined by the Utah State Office of Education; or
(b) Subsection (1)(b), but does not designate a particular school district to receive thecontribution, the contribution shall be made to the Utah State Office of Education.
(3) The commission shall:
(a) determine annually the total amount of contributions designated to each entitydescribed in Subsection (1) in accordance with this section; and
(b) subject to Subsection (2), credit the amounts described in Subsection (1) to theentities.
Amended by Chapter 17, 2009 General Session