(1) Except as provided in Section 59-10-1304, a resident or nonresident individual that files an individual income tax return under this chapter may designate on the resident or nonresident 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 income taxation under Section 501(c)(3), Internal Revenue Code; or (b) a school district described in Title 53G, Chapter 3, School District Creation and Change, if the school district has not established a foundation.

(a) the foundation of any school district if that foundation is exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code; or

(b) a school district described in Title 53G, Chapter 3, School District Creation and Change, if the school district 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 to receive the contribution, the contribution shall be made to the State Board of Education to be distributed to one or more associations of foundations: (i) if those foundations that are members of the association are established in accordance with Section 53E-3-403; and (ii) as determined by the State Board of Education; or (b) Subsection (1)(b), but does not designate a particular school district to receive the contribution, the contribution shall be made to the State Board of Education.

(a) Subsection (1)(a), but does not designate a particular school district foundation to receive the contribution, the contribution shall be made to the State Board of Education to be distributed to one or more associations of foundations: (i) if those foundations that are members of the association are established in accordance with Section 53E-3-403; and (ii) as determined by the State Board of Education; or

(i) if those foundations that are members of the association are established in accordance with Section 53E-3-403; and

(ii) as determined by the State Board of Education; or

(b) Subsection (1)(b), but does not designate a particular school district to receive the contribution, the contribution shall be made to the State Board of Education.

(3) The commission shall: (a) determine annually the total amount of contributions designated to each entity described in Subsection (1) in accordance with this section; and (b) subject to Subsection (2), credit the amounts described in Subsection (1) to the entities.

(a) determine annually the total amount of contributions designated to each entity described in Subsection (1) in accordance with this section; and

(b) subject to Subsection (2), credit the amounts described in Subsection (1) to the entities.