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H0457...............................................by REVENUE AND TAXATION
INCOME TAX - Amends and adds to existing law to require taxpayers to report
to the State Tax Commission any adjustments made by other states or
territories which result in a change of the amount of credit for income
taxes paid to another state or territory; and to provide a special statute
of limitations on refunds or assessments of income taxes resulting from
changes to the credit for taxes paid to another state or territory.
01/28 House intro - 1st rdg - to printing
01/31 Rpt prt - to Rev/Tax
02/02 Rpt out - rec d/p - to 2nd rdg
02/03 2nd rdg - to 3rd rdg
02/04 3rd rdg - PASSED - 68-0-2
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Clark, Crow, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones, Judd, Kempton, Kendell, Kunz, Lake, Linford, Loertscher,
Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle,
Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff,
Stone, Taylor, Trail(Miller), Wheeler, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Kellogg, Tilman
Floor Sponsor - Moyle
Title apvd - to Senate
02/07 Senate intro - 1st rdg - to Loc Gov
02/10 Rpt out - rec d/p - to 2nd rdg
02/11 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 33-0-2
AYES--Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Crow,
Darrington, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen,
Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson,
Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Walton, Wheeler, Whitworth, Williams
NAYS--None
Absent and excused--Danielson, Davis
Floor Sponsor - Frasure
Title apvd - to House
02/25 To enrol
02/28 Rpt enrol - Sp signed
02/29 Pres signed
03/01 To Governor
03/03 Governor signed
Session Law Chapter 18
Effective: 07/01/00
H0457
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 457
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO INCOME TAXES; AMENDING SECTION 63-3069, IDAHO CODE, TO REQUIRE
3 TAXPAYERS TO REPORT TO THE STATE TAX COMMISSION ADJUSTMENTS TO INCOME
4 TAXES MADE BY OTHER STATES OR TERRITORIES WHICH RESULT IN A CHANGE OF THE
5 AMOUNT OF CREDIT FOR TAXES PAID TO ANOTHER STATE OR TERRITORY; AMENDING
6 CHAPTER 30, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
7 63-3069A, IDAHO CODE, TO PROVIDE A SPECIAL STATUTE OF LIMITATIONS ON
8 REFUNDS OR ASSESSMENTS OF INCOME TAXES RESULTING FROM CHANGES TO THE
9 CREDIT FOR TAXES PAID TO ANOTHER STATE OR TERRITORY; AND PROVIDING AN
10 EFFECTIVE DATE.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 63-3069, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 63-3069. NOTICE OF ADJUSTMENT OF FEDERAL OR STATE TAX LIABILITY. (1) Upon
15 final determination of any deficiency or refund of federal taxes written
16 notice shall be immediately sent to the state tax commission by the taxpayer.
17 (2) Upon final determination of any deficiency or refund of income tax
18 due to another state or territory to which the credit for taxes paid another
19 state or territory applies, as provided in section 63-3029, Idaho Code, writ-
20 ten notice shall be immediately sent to the state tax commission by the tax-
21 payer.
22 SECTION 2. That Chapter 30, Title 63, Idaho Code, be, and the same is
23 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
24 ignated as Section 63-3069A, Idaho Code, and to read as follows:
25 63-3069A. SPECIAL STATUTE OF LIMITATIONS. When a final determination of
26 any income tax due to another state or territory changes the amount of the
27 credit for taxes paid to another state or territory as provided in section
28 63-3029, Idaho Code:
29 (1) A claim for any credit or refund resulting from the change shall be
30 filed within the later of:
31 (a) The time required by section 63-3072, Idaho Code; or
32 (b) One (1) year of the date the adjustment became final under the laws
33 of the other state or territory.
34 (2) The period of limitation for issuing a notice of deficiency shall not
35 expire until the later of:
36 (a) The time provided by section 63-3068, Idaho Code; or
37 (b) One (1) year from the date of delivery to the state tax commission by
38 the taxpayer of the notice required by section 63-3069, Idaho Code.
39 SECTION 3. This act shall be in full force and effect on and after July
40 1, 2000.
STATEMENT OF PURPOSE
RS09331
This bill changes the Idaho Income Tax Act. It adds a requirement
that taxpayers report adjustments made by other states or
territories to the taxpayer's income taxes due that state or
territory if the adjustment affects the amount of the credit for
taxes paid another state that is reportable on the taxpayer's Idaho
Individual Income Tax Return. It also establishes a special
statute of limitations for adjusting Idaho income taxes to reflect
changes to the credit for taxes paid to another state. Taxpayers
may claim refunds of Idaho taxes resulting from an increase of tax
due to another state if the refund is claimed within one year of the
other state's adjustment. If tax to another state is decreased, the
State Tax Commission may assess the additional Idaho tax resulting
from the reduction in the credit within one year of receiving the
notice of the change. In either case, if the regular three-year
statute of limitations is still open, it will control over the
special one year statute provided by this bill.
FISCAL NOTE
This bill will reduce revenue to the general fund by an estimated
$50,000 to $100,000 annually.
Contact
Name: Dan John / Ted Spangler
Agency: State Tax Commission
Phone: 334-7530
STATEMENT OF PURPOSE/FISCAL NOTE H045