CHAPTER 11. TAXATION.

§11-21-9. Meaning of terms.

(a) Any term used in this article has the same meaning as when used in a comparable context in the laws of the United States relating to income taxes, unless a different meaning is clearly required. Any reference in this article to the laws of the United States means the provisions of the Internal Revenue Code of 1986, as amended, and any other provisions of the laws of the United States that relate to the determination of income for federal income tax purposes. All amendments made to the laws of the United States after December 31, 2019, but prior to March 12, 2021, shall be given effect in determining the taxes imposed by this article to the same extent those changes are allowed for federal income tax purposes, whether the changes are retroactive or prospective, but no amendment to the laws of the United States made on or after March 12, 2021, may be given any effect.

(b) Medical savings accounts. — The term “taxable trust” does not include a medical savings account established pursuant to §33-15-20 or §33-16-15 of this code. Employer contributions to a medical savings account established pursuant to those sections are not wages for purposes of withholding under §11-21-71 of this code.

(c) Surtax. — The term “surtax” means the 20 percent additional tax imposed on taxable withdrawals from a medical savings account under §33-15-20 of this code and the 20 percent additional tax imposed on taxable withdrawals from a medical savings account under §33-16-15 of this code which are collected by the Tax Commissioner as tax collected under this article.

(d) Effective date. — The amendments to this section enacted in the year 2021 are retroactive to the extent allowable under federal income tax law. With respect to taxable years that began prior to January 1, 2021, the law in effect for each of those years shall be fully preserved as to that year, except as provided in this section.

(e) For purposes of the refundable credit allowed to a low-income senior citizen for property tax paid on his or her homestead in this state, the term “laws of the United States” as used in subsection (a) of this section means and includes the term “low income” as defined in §11-21-21(b) of this code and as reflected in the poverty guidelines updated periodically in the federal register by the U.S. Department of Health and Human Services under the authority of 42 U.S.C. § 9902(2).

(f) For taxable years beginning on and after January 1, 2018, whenever this article refers to “each exemption for which he or she is entitled to a deduction for the taxable year for federal income tax purposes”, this phrase means the exemption the person would have been allowed to claim for the taxable year had the federal income tax law not been amended to eliminate the personal exemption for federal tax years beginning on or after January 1, 2018.

Bills Affecting §11-21-9

2001 Regular Session: HB2756
2001 Regular Session: SB405
2002 1X: SB1008
2002 Regular Session: HB4008
2002 Regular Session: SB140
2003 2X: HB204
2003 2X: SB2006
2003 Regular Session: HB2892
2003 Regular Session: SB462
2004 Regular Session: HB4011
2004 Regular Session: SB157
2004 Regular Session: SB594
2004 Regular Session: SB594
2004 Regular Session: SB594
2004 Regular Session: SB594
2005 Regular Session: HB2445
2005 Regular Session: HB2445
2005 Regular Session: HB2445
2005 Regular Session: HB2445
2005 Regular Session: HB3135
2005 Regular Session: SB188
2005 Regular Session: SB188
2005 Regular Session: SB188
2005 Regular Session: SB188
2005 Regular Session: SB623
2006 Regular Session: HB2445
2006 Regular Session: HB2445
2006 Regular Session: HB2445
2006 Regular Session: HB2445
2006 Regular Session: HB4466
2006 Regular Session: HB4566
2006 Regular Session: HB4566
2006 Regular Session: HB4566
2006 Regular Session: HB4566
2006 Regular Session: SB520
2006 Regular Session: SB520
2006 Regular Session: SB520
2006 Regular Session: SB520
2006 Regular Session: SB529
2007 Regular Session: HB2285
2007 Regular Session: SB113
2008 Regular Session: HB4016
2008 Regular Session: SB183
2009 Regular Session: HB2765
2009 Regular Session: SB329
2010 Regular Session: HB4030
2010 Regular Session: SB216
2011 Regular Session: HB2692
2011 Regular Session: SB215
2012 Regular Session: HB4089
2012 Regular Session: SB209
2013 Regular Session: HB2516
2013 Regular Session: SB184
2013 Regular Session: SB520
2014 Regular Session: HB4159
2014 Regular Session: HB4343
2014 Regular Session: HB4613
2014 Regular Session: SB312
2014 Regular Session: SB333
2015 Regular Session: HB2114
2015 Regular Session: SB240
2016 Regular Session: HB4030
2016 Regular Session: SB349
2017 Regular Session: HB2594
2017 Regular Session: SB368
2018 Regular Session: HB4146
2018 Regular Session: SB266
2019 Regular Session: HB2798
2019 Regular Session: HB2798
2019 Regular Session: SB269
2019 Regular Session: SB499
2019 Regular Session: SB499
2020 Regular Session: HB4135
2020 Regular Session: SB310
2021 Regular Session: HB2358
2021 Regular Session: SB276
2021 Regular Session: SB693