2000 Legislation
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HOUSE BILL NO. 460 – Income tax, corporate, clarified

HOUSE BILL NO. 460

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H0460...............................................by REVENUE AND TAXATION
INCOME TAX - CORPORATE - Amends existing law to clarify the income tax laws
to allow "pass through entities" such as partnerships, S corporations and
limited liability companies to pay the tax on behalf of certain individual
partners, shareholders, officers, owners or directors and extends the
election to beneficiaries of estates and trusts.
                                                                        
01/28    House intro - 1st rdg - to printing
01/31    Rpt prt - to Rev/Tax
02/08    Rpt out - rec d/p - to 2nd rdg
02/09    2nd rdg - to 3rd rdg
02/10    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), Geddes, Gould, Hadley,
      Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
      Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher,
      Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce,
      Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff,
      Stone, Taylor, Tilman, Trail(Miller), Wheeler, Wood, Zimmermann, Mr
      Speaker
      NAYS -- None
      Absent and excused -- Gagner, Moss
    Floor Sponsor - Ridinger
    Title apvd - to Senate
02/11    Senate intro - 1st rdg - to Loc Gov
02/28    Rpt out - rec d/p - to 2nd rdg
02/29    2nd rdg - to 3rd rdg
03/16    3rd rdg - PASSED - 29-3-3
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Ingram,
      Ipsen, Keough, Lee, McLaughlin, Noh, Richardson, Riggs, Risch, Sandy,
      Schroeder, Sorensen, Stegner, Stennett, Wheeler, Williams
      NAYS--Hawkins, Parry, Whitworth
      Absent and excused--Davis, King-Barrutia, Thorne
    Floor Sponsor - Bunderson
    Title apvd - to House
03/17    To enrol
03/20    Rpt enrol - Sp signed
03/21    Pres signed
03/22    To Governor
    Governor signed
         Session Law Chapter 38
         Effective: 01/01/00

Bill Text


 H0460
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 460
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO INCOME TAXES; AMENDING SECTION 63-3022L, IDAHO CODE, TO PROVIDE AN
  3        ELECTION FOR THE METHOD OF REPORTING CERTAIN INCOME  EARNED  IN  IDAHO  BY
  4        BENEFICIARIES  OF  TRUSTS  AND ESTATES AND TO CLARIFY THAT ENTITIES PAYING
  5        THE TAX FOR INDIVIDUALS MAKING THE ELECTION DO NOT INCREASE THEIR OWN TAX-
  6        ABLE INCOME OR LOSS; AMENDING SECTION 63-3082, IDAHO CODE, TO PROVIDE THAT
  7        TRUSTS AND ESTATES THAT ARE PAYING THE TAX OF BENEFICIARIES ALSO  PAY  THE
  8        PERMANENT BUILDING FUND TAX; AMENDING SECTION 63-3021, IDAHO CODE, TO PRO-
  9        VIDE  A CORRECT CITATION; AMENDING SECTION 63-3022, IDAHO CODE, TO PROVIDE
 10        A DATE CHANGE AND TO STRIKE LANGUAGE RENDERED IMMATERIAL  AND  INCONSTANT;
 11        AMENDING  SECTION  63-3026A,  IDAHO  CODE,  TO PROVIDE A CORRECT CITATION;
 12        DECLARING AN EMERGENCY AND PROVIDING A RETROACTIVE EFFECTIVE DATE.
                                                                        
 13    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 14        SECTION 1.  That Section 63-3022L, Idaho Code, be, and the same is  hereby
 15    amended to read as follows:
                                                                        
 16        63-3022L.  INDIVIDUALS WHO ARE OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS
 17    OR  MEMBERS  OF  A  CORPORATION  OR PARTNERSHIP OR BENEFICIARIES OF A TRUST OR
 18    ESTATE. (1) Individuals who are officers, directors, shareholders, partners or
 19    members of a corporation or partnership transacting business in Idaho  or  who
 20    are  beneficiaries of a trust or estate with income taxable in Idaho may elect
 21    to have Idaho taxable tax relating to income described in  subsection  (2)  of
 22    this  section reported and taxed as Idaho taxable income of paid by the corpo-
 23    ration, or partnership, trust or estate. Income subject  to  the  election  in
 24    this  subsection  shall  be  taxed at the rate applicable to corporations. The
 25    election shall be made on the return of the corporation, or partnership, trust
 26    or estate from which the income is  received.  and  on  which  the  income  is
 27    reported  in  Idaho taxable income. The election in this section is not avail-
 28    able to an individual who has Idaho  taxable  income  in  addition  to  income
 29    described in subsection (2) of this section.
 30        (2)  The election in subsection (1) of this section applies to:
 31        (a)  Wages,  salary  and  other  compensation  paid by the corporation, or
 32        partnership, trust or estate to such  officers,  directors,  shareholders,
 33        partners,  or  members  or beneficiaries to the extent the compensation is
 34        Idaho taxable income of the individual to whom it is  paid  under  section
 35        63-3026A, Idaho Code; and
 36        (b)  The  share  of any income, loss, deduction or credit of an S corpora-
 37        tion, or partnership, trust or estate required  to  be  included  on  such
 38        shareholder's,  partner's,  or  member's  or  beneficiary's federal return
 39        except that such amount shall first be apportioned and  allocated  in  the
 40        manner provided in section 63-3027, Idaho Code.
 41        (c)  When  the gross income attributable to an individual under paragraphs
 42        (a) and (b) of this subsection (2) is less than the filing requirement  of
 43        the individual under section 63-3030, Idaho Code, the income is not income
                                                                        
                                       2
                                                                        
  1        under this subsection.
  2        (3)  If  no  election  is  made  and  an  officer,  director, shareholder,
  3    partner, or member, or beneficiary of a corporation, or partnership, trust  or
  4    estate  transacting business in Idaho fails to file an Idaho income tax return
  5    reporting all or any part of the items described in  subsection  (2)  of  this
  6    section or fails to pay any tax due thereon, such corporation, or partnership,
  7    trust  or  estate  shall  include be liable for tax on such items in its Idaho
  8    taxable income and be taxed at the rate applicable to corporations.
  9        (4)  The provisions of this section shall  not  apply  to  a  corporation,
 10    other  than an S corporation, with less than fifty percent (50%) of its income
 11    taxable within this state.
                                                                        
 12        SECTION 2.  That Section 63-3082, Idaho Code, be, and the same  is  hereby
 13    amended to read as follows:
                                                                        
 14        63-3082.  ADDITIONAL TAX REQUIRED WHEN FILING INCOME TAX RETURN. (1) Every
 15    person  required  to  file an income tax return shall pay a tax of ten dollars
 16    ($10.00). For this purpose, a husband and wife filing a joint return shall  be
 17    deemed  a single person. This tax shall be in the nature of an excise tax upon
 18    the receipt of the income which requires the filing of such return.
 19        (2)  When, pursuant to section 63-3022L, Idaho Code, the income tax of  an
 20    individual  officer, director, shareholder, partner or member of a corporation
 21    or partnership, or of a beneficiary of a trust or estate  is  taxed  as  Idaho
 22    taxable  income  of  paid by the corporation, or partnership, trust or estate,
 23    the corporation, or partnership, trust  or  estate  shall  also  pay  the  tax
 24    imposed in subsection (1) of this section for each individual.
 25        (3)  For  purposes of this section, a husband and wife filing a joint fed-
 26    eral return may be deemed a single individual.
                                                                        
 27        SECTION 3.  That Section 63-3021, Idaho Code, be, and the same  is  hereby
 28    amended to read as follows:
                                                                        
 29        63-3021.  NET  OPERATING LOSS. (a) The term "net operating loss" means the
 30    amount by which Idaho taxable income, after making the modifications specified
 31    in subsection (b) of this section, is less than zero.
 32        (b)  Add the following amounts:
 33        (1)  The amount of any net operating loss deduction included in Idaho tax-
 34        able income.
 35        (2)  In the case of a taxpayer other than a corporation:
 36             (i)  Any amount deducted due to losses in excess of gains from  sales
 37             or exchanges of capital assets; and
 38             (ii) Any deduction for long-term capital gains provided by this chap-
 39             ter.
 40        (3)  Any  deduction allowed under section 151 of the Internal Revenue Code
 41        (relating to personal exemption) or any deduction  in  lieu  of  any  such
 42        deduction.
 43        (4)  Any deduction for the standard or itemized deductions provided for in
 44        section  63  of  the  Internal Revenue Code, or section 63-3022(kj), Idaho
 45        Code, except for any deduction allowable under section  165(c)(3)  of  the
 46        Internal Revenue Code (relating to casualty losses) pertaining to property
 47        physically located inside Idaho at the time of the casualty.
                                                                        
 48        SECTION  4.  That  Section 63-3022, Idaho Code, be, and the same is hereby
 49    amended to read as follows:
                                                                        
                                       3
                                                                        
  1        63-3022.  ADJUSTMENTS TO TAXABLE INCOME. The  additions  and  subtractions
  2    set  forth  in  this section, and in sections 63-3022A through 63-3022M, Idaho
  3    Code, are to be applied to the  extent  allowed  in  computing  Idaho  taxable
  4    income:
  5        (a)  Add  any  state taxes, measured by net income, paid or accrued during
  6    the taxable year adjusted for state tax refunds used in  arriving  at  taxable
  7    income.
  8        (b)  Add  the  net  operating  loss  deduction used in arriving at taxable
  9    income.
 10        (c)  (1) A net operating loss for any taxable year commencing on and after
 11        January 1, 1999 2000, shall be a  net  operating  loss  carryback  not  to
 12        exceed  a  total of one hundred thousand dollars ($100,000) to the two (2)
 13        immediately preceding taxable years. Any portion of the net operating loss
 14        not subtracted in the two (2) preceding years may  be  subtracted  in  the
 15        next  twenty  (20)  years  succeeding  the  taxable year in which the loss
 16        arises in order until exhausted. The sum of the deductions may not  exceed
 17        the  amount  of the net operating loss deduction incurred. At the election
 18        of the taxpayer, the two (2) year carryback may be foregone and  the  loss
 19        subtracted  from  income  received  in  taxable  years arising in the next
 20        twenty (20) years succeeding the taxable year in which the loss arises  in
 21        order  until  exhausted.  The  election  shall  be  made  as under section
 22        172(b)(3) of the Internal Revenue Code. An election under this  subsection
 23        must  be in the manner prescribed in the rules of the state tax commission
 24        and once made is irrevocable for the year in which it is  made.  The  term
 25        "income"  as  used  in  this  subsection (c) means Idaho taxable income as
 26        defined in this chapter as modified by section 63-3021(b)(2), (3) and (4),
 27        Idaho Code.
 28        (2)  Net operating losses incurred by a corporation during a year in which
 29        such corporation did not transact business in Idaho or was not included in
 30        a group of corporations combined under subsection (t) of section  63-3027,
 31        Idaho  Code,  may not be subtracted. However, if at least one (1) corpora-
 32        tion within a group of corporations combined under subsection (t) of  sec-
 33        tion  63-3027,  Idaho  Code,  was transacting business in Idaho during the
 34        taxable year in which the loss was incurred, then the net  operating  loss
 35        may be subtracted. Net operating losses incurred by a person, other than a
 36        corporation,  in  business activities not taxable by Idaho may not be sub-
 37        tracted.
 38        (d)  In the case of a corporation, add the amount deducted under the  pro-
 39    visions  of sections 243(a) and (c), 244, 245 and 246A of the Internal Revenue
 40    Code (relating to dividends received by corporations) as  limited  by  section
 41    246(b)(1) of said code.
 42        (e)  In  the  case  of  a corporation, subtract an amount determined under
 43    section 78 of the Internal Revenue Code to be taxable as dividends.
 44        (f)  Subtract the amount of any income received or accrued during the tax-
 45    able year which is exempt from taxation by this state, under the provisions of
 46    any other law of this state or a law of the United States, if  not  previously
 47    subtracted in arriving at taxable income.
 48        (g)  In  the  case  of  corporations  and  partnerships, add Idaho taxable
 49    income of nonresident officers, directors, shareholders, partners  or  members
 50    to  the  extent such income is attributed to the corporation or partnership in
 51    section 63-3022L, Idaho Code.
 52        (h)  For the purpose of determining the Idaho taxable income of the  bene-
 53    ficiary  of  a  trust or of an estate, distributable net income as defined for
 54    federal tax purposes shall be corrected for the other adjustments required  by
 55    this section. In the event that a nonresident beneficiary of a trust or estate
                                                                        
                                       4
                                                                        
  1    fails to file an Idaho income tax return reporting all or any part of distrib-
  2    utable  net  income  taxable in Idaho or fails to pay any tax due thereon, the
  3    trust or estate making the payment or distribution shall be taxable  upon  the
  4    amount   of  such  distribution or payment at the rates established by section
  5    63-3024, Idaho Code.
  6        (ih)  In the case of an individual who is on active duty  as  a  full-time
  7    officer,  enlistee  or  draftee,  with  the armed forces of the United States,
  8    which full-time duty is or will be continuous and uninterrupted for  one  hun-
  9    dred  twenty  (120)  consecutive days or more, deduct compensation paid by the
 10    armed forces of the United States for services performed outside  this  state.
 11    The deduction is allowed only to the extent such income is included in taxable
 12    income, and provided that appropriate adjustments shall be made in determining
 13    the  deductions  and exemptions allowed pursuant to section 63-3026A(4), Idaho
 14    Code.
 15        (ji)  In the case of a corporation, including any corporation included  in
 16    a  group  of  corporations  combined  under subsection (t) of section 63-3027,
 17    Idaho Code, add any capital loss deducted which loss was incurred  during  any
 18    year in which such corporation did not transact business in Idaho. However, do
 19    not  add any capital loss deducted if a corporation, including any corporation
 20    in a group of corporations combined under subsection (t) of  section  63-3027,
 21    Idaho Code, was transacting business in Idaho during the taxable year in which
 22    the  loss  was  incurred. In the case of persons, other than corporations, add
 23    any capital loss deducted which was incurred in business activities  not  tax-
 24    able by Idaho at the time such loss was incurred. In computing the income tax-
 25    able  to  an  S corporation or partnership under this section, deduction shall
 26    not be allowed for a carryover or carryback of a net operating  loss  provided
 27    for  in  subsection (c) of this section or a capital loss provided for in sec-
 28    tion 1212 of the Internal Revenue Code.
 29        (kj)  In the case of an individual, there shall be allowed as a  deduction
 30    from gross income either (1) or (2) at the option of the taxpayer:
 31        (1)  The  standard  deduction  as  defined in section 63, Internal Revenue
 32        Code.
 33        (2)  Itemized deductions as defined in section 63 of the Internal  Revenue
 34        Code except state income taxes as specified in section 164 of the Internal
 35        Revenue Code.
 36        (lk)  Add  the  taxable  amount of any lump sum distribution deducted from
 37    gross income pursuant to section 402(d)(3) of the Internal Revenue  Code.  The
 38    taxable  amount will include the ordinary income portion and the amount eligi-
 39    ble for the capital gain election.
 40        (ml)  Deduct any amounts included in gross income under the provisions  of
 41    section  86  of  the Internal Revenue Code relating to certain social security
 42    and railroad benefits.
 43        (nm)  In the case of a self-employed individual, deduct the actual cost of
 44    premiums paid to secure worker's compensation insurance for coverage in Idaho,
 45    if such cost has not been deducted in arriving at taxable income.
                                                                        
 46        SECTION 5.  That Section 63-3026A, Idaho Code, be, and the same is  hereby
 47    amended to read as follows:
                                                                        
 48        63-3026A.  COMPUTING  IDAHO  TAXABLE  INCOME  OF  PART-YEAR OR NONRESIDENT
 49    INDIVIDUALS, TRUSTS AND ESTATES. (1) For nonresident individuals,  trusts,  or
 50    estates  the  term  "Idaho  taxable  income" includes only those components of
 51    Idaho taxable income as computed for a resident  which  are  derived  from  or
 52    related to sources within Idaho. This is to be computed without the deductions
 53    for  either  the  standard deduction or itemized deductions or personal exemp-
                                                                        
                                       5
                                                                        
  1    tions except as provided in subsection (4) of this section.
  2        (2)  For part-year resident individuals, trusts or estates the term "Idaho
  3    taxable income" includes the total of: (a) Idaho taxable  income  as  computed
  4    for  a  resident  for the portion of the tax period during which a taxpayer is
  5    domiciled in or is residing in Idaho, plus (b) those components of Idaho  tax-
  6    able income which are derived from or related to sources within Idaho for that
  7    portion  of  the tax period during which a taxpayer is not domiciled in and is
  8    not residing in Idaho. This is to  be  computed  without  the  deductions  for
  9    either  the  standard  deduction or itemized deductions or personal exemptions
 10    except as provided in subsection (4) of this section.
 11        (3)  For the purposes of subsections (1) and (2) of this section:
 12        (a)  Income shall be considered derived from or relating to sources within
 13        Idaho when such income is attributable to or resulting from:
 14             (i)   Any business, trade, profession or occupation conducted or car-
 15             ried on in this state, including the distributive share  of  partner-
 16             ship  income  and deductions, and the pro rata share of S corporation
 17             income and deductions;
 18             (ii)  The ownership or disposition of any interest in real or  tangi-
 19             ble personal property located in this state;
 20             (iii) The ownership or disposition of any interest in intangible per-
 21             sonal property only to the extent that such property is employed in a
 22             business,  trade, profession or occupation conducted or carried on in
 23             this state. Provided however, that interest income from  an  install-
 24             ment  sale  of  real  or  tangible personal property shall constitute
 25             income  from sources within this state to the extent that  the  prop-
 26             erty  sold  was  located  within  this  state. Provided further, that
 27             interest income received by a partner or shareholder of a partnership
 28             or S corporation from such partnership or S corporation shall consti-
 29             tute income from sources within this state to  the  extent  that  the
 30             partnership  or  S  corporation  is  transacting business within this
 31             state;
 32             (iv)  A resident estate or trust;
 33             (v)   A nonresident estate or trust to  the  extent  the  income  and
 34             deductions  of  the  nonresident estate or trust were derived from or
 35             related to sources within this state;
 36             (vi)  The conduct of pari-mutuel wagering, charitable gaming  or  any
 37             other  form  of  gambling  taking  place within this state, except as
 38             expressly limited in section 67-7439, Idaho Code.
 39        (b)  Notwithstanding the provisions of subsection (3)(a) of this  section,
 40        transactions  and  investments  made, placed or directed by Idaho resident
 41        registered broker-dealers and investment advisers or  institutions  exempt
 42        from registration under the Idaho securities act in securities listed with
 43        or through the New York Stock Exchange, the American Stock Exchange or any
 44        other  stock  exchange  registered  with  the United States securities and
 45        exchange commission and approved by the  director  of  the  department  of
 46        finance which generate dividends, interest, capital gains or similar prof-
 47        its or returns for nonresidents not otherwise subject to Idaho income tax-
 48        ation  shall  not result in the intangible property being deemed to have a
 49        situs outside the domicile of the owner.
 50        (c)  Compensation paid by the United States  for  active  service  in  the
 51        armed  forces  of  the United States, performed by an individual not domi-
 52        ciled in this state, shall not constitute income derived from  or  related
 53        to sources within this state.
 54        (d)  The  income  of nonresident or part-year resident individuals, trusts
 55        or estates which is derived from or related to  sources  both  within  and
                                                                        
                                       6
                                                                        
  1        without  this state shall be attributable to this state in the manner pre-
  2        scribed in the rules of the state tax commission.
  3        (4)  In computing the Idaho taxable income of a part-year  or  nonresident
  4    individual, trust or estate, the standard deduction or itemized deductions, as
  5    defined in section 63-3022(kj), Idaho Code, if applicable, and the exemptions,
  6    as  defined  in  section  151 of the Internal Revenue Code or any allowance in
  7    lieu of such deduction, shall be allowed in the proportion that paragraph  (a)
  8    of this subsection bears to paragraph (b) of this subsection:
  9        (a)  The Idaho taxable income of the taxpayer modified as follows:
 10             (i)   No allowance shall be made for either the standard deduction or
 11             itemized deductions;
 12             (ii)  No  deduction  shall  be  made  for  personal exemptions or any
 13             allowance in lieu of such deduction.
 14        (b)  The Idaho taxable income as would be calculated  for  a  resident  of
 15        Idaho modified as follows:
 16             (i)   No  allowance  shall be made for either a standard deduction or
 17             itemized deductions;
 18             (ii)  No deduction shall be  made  for  personal  exemptions  or  any
 19             allowance in lieu of such deduction;
 20             (iii) Compensation  for  active  military service in the armed forces
 21             shall not be deducted;
 22             (iv)  Income earned within the original exterior  boundaries  of  any
 23             federally  created Indian reservation by an enrolled Indian in a fed-
 24             erally recognized Indian tribe on a federally recognized Indian  res-
 25             ervation shall be added if not otherwise included.
 26        (5)  An  adjustment  may be made to eliminate distortions in the amount of
 27    net  income attributable to a taxpayer's activities within the state of Idaho.
 28    Such deductions shall be limited to circumstances  involving  itemized  deduc-
 29    tions as referred to in subsection (4) of this section and which reflect:
 30        (a)  A failure to reflect the net income or deduction after reimbursements
 31        have been received; or
 32        (b)  A  failure  to  reflect the net amount of mortgage interest income or
 33        expense from activities within Idaho.
 34        (6)  For the purposes of subsections (1) and (2) of this  section,  deduc-
 35    tions and adjustments allowed in computing the Idaho taxable income of nonres-
 36    ident  and  part-year  resident  individuals, trusts and estates shall be pre-
 37    scribed in the rules of the state tax commission. Such rules  shall  be  based
 38    upon:
 39        (a)  Whether  or not the deduction or adjustment is related to the produc-
 40        tion of income reportable to Idaho;
 41        (b)  Whether or not the deduction  or  adjustment  is  related  to  income
 42        received,  expenses paid, or events of tax consequence which occurred dur-
 43        ing a portion of a taxable year that the  taxpayer  was  domiciled  in  or
 44        residing in Idaho; or
 45        (c)  Any   other   appropriate   basis   for  making  the  adjustment.  An
 46        "appropriate basis" is one which the state tax commission finds is  needed
 47        to insure that the amount of Idaho taxable income is fairly and reasonably
 48        related to a taxpayer's activities in this state.
                                                                        
 49        SECTION  6.  An  emergency  existing  therefor,  which emergency is hereby
 50    declared to exist, this act shall be in full force and effect on and after its
 51    passage and approval, and retroactively to January 1, 2000.

Statement of Purpose / Fiscal Impact


                   STATEMENT OF PURPOSE     
                      RS09395C1 

This bill clarifies the income tax statutes allowing pass-through 
entities" (partnerships, S-corporations and limited liability 
companies) to elect to pay the tax of certain individual partners, 
shareholders, owners,  officers, or directors on their behalf. 
The bill extends the election to the beneficiaries of estates and 
trusts. The bill also removes the requirement' that the 
individual's income become part of the taxable income of the 
entity, thereby eliminating the apparent effect of reducing any 
unused net operating loss carryover the entity my have available 
to it. This conforms to present State Tax Commission practice.

                    FISCAL NOTE

No fiscal effect. 


Contact 
Name: Dan John / Ted Spangler
Agency: State Tax Commission
Phone: 334-7530 

STATEMENT OF PURPOSE/FISCAL NOTE                       H460