2000 Legislation
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HOUSE BILL NO. 707 – Income tax, credit, taxpayers

HOUSE BILL NO. 707

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H0707aaS,aaS........................................by REVENUE AND TAXATION
INCOME TAX - CREDIT - Adds to, amends and repeals existing law to provide
an income tax deduction for a self-employed taxpayer for the cost of
medical insurance for the taxpayer, spouse and dependents; to provide an
income tax credit, for tax years 2000 and after, of three percent of the
taxpayer's state income tax liability; to exclude from the calculation of
Idaho taxable income any marriage penalty that may exist in the basic
standard deduction; to provide for adjustments; and to increase the maximum
amount of the allowable tax credit of the investment tax credit.
                                                                        
03/01    House intro - 1st rdg - to printing
03/02    Rpt prt - to Rev/Tax
03/07    Rpt out - rec d/p - to 2nd rdg
03/08    2nd rdg - to 3rd rdg
03/09    3rd rdg - PASSED - 41-29-0
      AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Callister,
      Campbell, Cheirrett, Crow, Denney, Ellsworth, Field(13), Field(20),
      Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hornbeck,
      Kellogg, Kendell, Kunz, Lake, Linford, Loertscher, McKague,
      Mortensen, Moss, Moyle, Pearce, Pischner, Reynolds, Sali, Schaefer,
      Smylie, Stevenson, Taylor, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- Bieter, Black, Boe, Bruneel, Chase, Clark, Cuddy, Deal,
      Hansen(29), Henbest, Jaquet, Jones, Judd, Kempton, Mader, Marley,
      Meyer, Montgomery, Pomeroy, Ridinger, Ringo, Robison, Sellman,
      Shepherd, Smith, Stoicheff, Stone, Tilman, Trail
      Absent and excused -- None
    Floor Sponsors - Crow, Moyle, Gagner, Lake
    Title apvd - to Senate
03/10    Senate intro - 1st rdg - to Loc Gov
03/20    Rpt out - to 14th Ord
03/21    Rpt out amen - to 1st rdg as amen
03/22    To 14th Ord
03/27    Rpt out amen - to 1st rdg as amen
    Rules susp - PASSED - 34-0-1
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
      Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
      Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
      Stennett, Thorne, Wheeler, Whitworth, Williams
      NAYS--None
      Absent and excused--Davis
    Floor Sponsor - Thorne
    Title apvd - to House
03/29    House did not concur in Senate amen
03/30    Conference Committee Not in Agreement - hld at House desk
    Conference rpt filed with Secretary of Senate

Bill Text


 H0707
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 707
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO INCOME TAX POLICIES; AMENDING CHAPTER 30, TITLE 63, IDAHO CODE, BY
  3        THE ADDITION OF A NEW SECTION 63-3022O, IDAHO CODE, TO PROVIDE  AN  INCOME
  4        TAX  DEDUCTION FOR A TAXPAYER WHO IS A SELF-EMPLOYED INDIVIDUAL TREATED AS
  5        AN EMPLOYEE PURSUANT TO SECTION 401(c)(1) OF THE INTERNAL REVENUE CODE, AN
  6        AMOUNT EQUAL TO THE AMOUNT PAID BY THE TAXPAYER DURING  THE  TAXABLE  YEAR
  7        FOR  INSURANCE  WHICH  CONSTITUTES  MEDICAL  CARE FOR THE TAXPAYER AND THE
  8        SPOUSE AND DEPENDENTS OF THE TAXPAYER WHICH IS NOT OTHERWISE DEDUCTIBLE BY
  9        THE TAXPAYER FOR FEDERAL INCOME TAX PURPOSES BECAUSE THE  APPLICABLE  PER-
 10        CENTAGE  FOR  THAT TAXABLE YEAR AS SPECIFIED PURSUANT TO SECTION 162(1) OF
 11        THE INTERNAL REVENUE CODE IS LESS THAN ONE HUNDRED PERCENT; AMENDING CHAP-
 12        TER 30, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW  SECTION  63-3022P,
 13        IDAHO  CODE,  TO PROVIDE AN INCOME TAX CREDIT FOR TAX YEAR 2000 AND BEYOND
 14        OF THREE PERCENT OF THE TAXPAYER'S STATE INCOME TAX  LIABILITY;  REPEALING
 15        SECTION  63-3022N, IDAHO CODE;  AMENDING CHAPTER 30, TITLE 63, IDAHO CODE,
 16        BY THE ADDITION OF A NEW SECTION 63-3022N, IDAHO CODE, TO PROVIDE FOR  THE
 17        ELIMINATION FROM THE CALCULATION OF IDAHO TAXABLE INCOME ANY MARRIAGE PEN-
 18        ALTY THAT MAY EXIST IN THE BASIC STANDARD DEDUCTION PROVIDED IN THE INTER-
 19        NAL  REVENUE  CODE, TO PROVIDE FOR ADJUSTMENTS, TO PROVIDE A DEFINITION OF
 20        "THE  MARRIAGE  PENALTY"  AND  TO  PROVIDE  PROCEDURES;  AMENDING  SECTION
 21        63-3029B, IDAHO CODE, TO INCREASE THE MAXIMUM AMOUNT OF THE ALLOWABLE  TAX
 22        CREDIT  OF  THE  INVESTMENT  TAX CREDIT AND TO MAKE TECHNICAL CORRECTIONS;
 23        DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.
                                                                        
 24    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 25        SECTION 1.  That Chapter 30, Title 63, Idaho Code, be,  and  the  same  is
 26    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 27    ignated as Section 63-3022O, Idaho Code, and to read as follows:
                                                                        
 28        63-3022O.  HEALTH INSURANCE COSTS. With respect to a  taxpayer  who  is  a
 29    self-employed  individual treated as an employee pursuant to section 401(c)(1)
 30    of the Internal Revenue Code, an amount equal to the amount paid by  the  tax-
 31    payer  during  the  taxable year for insurance, which constitutes medical care
 32    for the taxpayer and the spouse and dependents of the taxpayer  which  is  not
 33    otherwise  deductible  by the taxpayer for federal income tax purposes because
 34    the applicable percentage for that taxable year as specified pursuant to  sec-
 35    tion  162(1)  of  the  Internal  Revenue Code is less than one hundred percent
 36    (100%), shall be allowed as a deduction against taxable income.
                                                                        
 37        SECTION 2.  That Chapter 30, Title 63, Idaho Code, be,  and  the  same  is
 38    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 39    ignated as Section 63-3022P, Idaho Code, and to read as follows:
                                                                        
 40        63-3022P.  INCOME TAX CREDIT FOR TAX YEARS 2000 AND BEYOND. For tax  years
 41    on and after 2000, there shall be allowed a credit equal to three percent (3%)
                                                                        
                                           2
                                                                        
  1    of the taxpayer's income tax liability for the tax year as computed by section
  2    63-3024, Idaho Code.
                                                                        
  3        SECTION  3.  That Section 63-3022N, Idaho Code, be, and the same is hereby
  4    repealed.
                                                                        
  5        SECTION 4.  That Chapter 30, Title 63, Idaho Code, be,  and  the  same  is
  6    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  7    ignated as Section 63-3022N, Idaho Code, and to read as follows:
                                                                        
  8        63-3022N.  MARRIAGE PENALTY ADJUSTMENT. (1) To eliminate from the calcula-
  9    tion of Idaho taxable income any marriage penalty that may exist in the  basic
 10    standard deductions provided in the Internal Revenue Code, basic federal stan-
 11    dard deductions shall be adjusted as provided in this section.
 12        (2)  As  used in this section, "the marriage penalty" means the difference
 13    obtained by subtracting:
 14        (a)  The basic standard deduction for joint returns, from
 15        (b)  Two (2) times the basic standard deduction for an individual  who  is
 16        not married and who is not a surviving spouse or head of household.
 17        (3)  For  each  taxable   year beginning on and after January 1, 2000, the
 18    standard deduction in section 63-3022(k)(1), Idaho Code, shall be: on a  joint
 19    return,  the basic federal joint standard deduction plus the marriage penalty,
 20    rounded to the nearest dollar, plus the  amount  of  any  additional  standard
 21    deduction for the aged or blind for which a taxpayer may qualify under section
 22    63 of the Internal Revenue Code.
 23        (4)  The  basic  federal  standard  deduction for an individual for whom a
 24    deduction under section 151 of the  Internal  Revenue  Code  is  allowable  to
 25    another  taxpayer  shall not be reduced below the minimum adjusted basic stan-
 26    dard deduction provided by section 63 of the Internal Revenue Code.
                                                                        
 27        SECTION 5.  That Section 63-3029B, Idaho Code, be, and the same is  hereby
 28    amended to read as follows:
                                                                        
 29        63-3029B.  INCOME  TAX  CREDIT FOR CAPITAL INVESTMENT. (1) At the election
 30    of the taxpayer there shall be allowed, subject to the applicable  limitations
 31    provided  herein  as  a  credit  against the income tax imposed by chapter 30,
 32    title 63, Idaho Code, an amount equal to the sum of:
 33        (a)  tThe tax credit carry-overs carryovers; and
 34        (b)  tThe tax credit for the taxable year.
 35        (2)  The maximum allowable amount of the credit for  the  current  taxable
 36    year  shall  be three percent (3%) of the amount of qualified investments made
 37    during the taxable year.
 38        (3)  As used in this section "qualified investment" means  certain  depre-
 39    ciable property which:
 40        (a)  iIs  eligible  for  the  federal investment tax credit, as defined in
 41        sections 46(c) and 48 of the iInternal rRevenue cCode subject to the limi-
 42        tations provided for certain regulated companies in section 46(f)  of  the
 43        iInternal  rRevenue  cCode and is not a motor vehicle under eight thousand
 44        (8,000) pounds gross weight;
 45        (b)  iIs acquired, constructed, reconstructed, erected or placed into ser-
 46        vice after December 31, 1981; and
 47        (c)  hHas a situs in Idaho.
 48        (4)  Notwithstanding the provisions of subsections (1)  and  (2)  of  this
 49    section,  the  amount  of the credit allowed shall not exceed forty-five fifty
 50    percent (450%) of the tax liability of the taxpayer.
                                                                        
                                           3
                                                                        
  1        (5)  If the sum of credit carry-overs carryovers from the  credit  allowed
  2    by  subsection  (2)  of  this section and the amount of credit for the taxable
  3    year from the credit allowed by subsection (2) of this section exceed the lim-
  4    itation imposed by subsection (4) of this  section  for  the  current  taxable
  5    year, the excess attributable to the current taxable year's credit shall be an
  6    investment  credit  carry-over  carryover  to the seven (7) succeeding taxable
  7    years. In the case of a group of corporations filing a combined  report  under
  8    section  63-3027,  Idaho  Code,  or  sections 63-3027B through 63-3027E, Idaho
  9    Code, credit earned by one (1) member of the group but not used by that member
 10    may be used by another member of the group, subject to the provisions of  sub-
 11    section  (4)  of  this  section, instead of carried over. The entire amount of
 12    unused credit shall be carried forward  to  the  earliest  of  the  succeeding
 13    years, wherein the oldest available unused credit shall be used first, so long
 14    as  the  qualified investment property for which the unused credit was granted
 15    still maintains Idaho situs. For a combined group of corporations, credit car-
 16    ried forward may be claimed by any member of the group unless the  member  who
 17    earned the credit is no longer included in the combined group.
 18        (6)  Any recapture of the credit allowed by subsection (2) of this section
 19    on  property disposed of or ceasing to qualify, prior to the close of its use-
 20    ful life, shall be determined according to the applicable recapture provisions
 21    of the iInternal rRevenue cCode. In the case of a unitary  group  of  corpora-
 22    tions,  the increase in tax due to the recapture of investment tax credit must
 23    be reported by the member of the group who earned  the  credit  regardless  of
 24    which member claimed the credit against tax.
 25        (7)  For  the purpose of determining whether property placed in service is
 26    a "qualified investment" as defined in subsection (3)  of  this  section,  the
 27    provisions of section 49 of the iInternal rRevenue cCode shall be disregarded.
 28        (8)  For  purposes of this section, property has a situs in Idaho during a
 29    taxable year if it is used in Idaho at any time during the taxable year. Prop-
 30    erty not used in Idaho during a taxable year does not have a situs in Idaho in
 31    the taxable year during which the property is not used in Idaho or in any sub-
 32    sequent taxable year. No credit or carry-over carryover of credit is permitted
 33    under this section if the credit or carry-over carryover relates  to  property
 34    that  does  not  have  a  situs in Idaho during the taxable year for which the
 35    credit or carry-over carryover is claimed. The Idaho situs of property must be
 36    established by records maintained by the taxpayer which are created reasonably
 37    contemporaneously with the use of the property.
 38        (9)  In the case of property used both in and outside Idaho, the taxpayer,
 39    electing to claim the credit provided in this section, must elect  to  compute
 40    the  qualified  investment  in  property  with  a  situs in Idaho for all such
 41    investments first qualifying during that year in one (1), but only one (1), of
 42    the following ways:
 43        (a)  tThe amount of each qualified investment in a specific asset shall be
 44        separately computed based on the percentage of the actual use of the prop-
 45        erty in Idaho by using a measure of the use, such as total miles or  total
 46        machine hours, that most accurately reflects the beneficial use during the
 47        taxable  year  in  which it is first acquired, constructed, reconstructed,
 48        erected or placed into service; provided, that the asset is placed in ser-
 49        vice more than ninety (90) days before the end of the taxable year. In the
 50        case of assets acquired, constructed,  reconstructed,  erected  or  placed
 51        into  service within ninety (90) days prior to the end of the taxable year
 52        in which the investment first qualifies, the measure of the  use  of  that
 53        asset within Idaho for that year shall be based upon the percentage of use
 54        in Idaho during the first ninety (90) days of use of the asset;
 55        (b)  tThe  investment  in  qualified property used both inside and outside
                                                                        
                                           4
                                                                        
  1        Idaho during the taxable year in which it is first acquired,  constructed,
  2        reconstructed,  erected  or placed into service shall be multiplied by the
  3        percent of the investment that would be included in the numerator  of  the
  4        Idaho  property factor determined pursuant to section 63-3027, Idaho Code,
  5        for the same year.
  6        (10) Only for the purposes of subsections (3)(a) and (7) of this  section,
  7    references  to  sections  of  the "iInternal rRevenue cCode" mean the sections
  8    referred to as they existed in the iInternal rRevenue cCode of 1986  prior  to
  9    November 5, 1990.
                                                                        
 10        SECTION  6.  An  emergency  existing  therefor,  which emergency is hereby
 11    declared to exist,  this act shall be in full force and effect  on  and  after
 12    its passage and approval, and retroactively to January 1, 2000.

Amendment


 AH0707
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by    Thorne              
                                                                        
                                                     Seconded by Cameron             
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 707
                                                                        
  1                                AMENDMENT TO SECTION 5
  2        On page 3 of the printed bill, in line 6, delete: "seven (7)" and  insert:
  3    "seven fourteen (714)".
                                                                        
  4                                 CORRECTION TO TITLE
  5        On  page  1,  in  line  22,  following  the  second "CREDIT" insert: ", TO
  6    INCREASE THE NUMBER OF YEARS THE CREDIT MAY BE CARRIED OVER".
                                                     Moved by    Risch               
                                                                        
                                                     Seconded by Sandy               
                                                                        
                                                                        
                                       IN THE SENATE
                              SENATE AMENDMENT TO H.B. NO. 707
                                                                        
  7                                AMENDMENT TO THE BILL
  8        On page 1 of the printed bill, delete lines 37 through 41, and on page  2,
  9    delete lines 1 and 2; and renumber the subsequent sections accordingly.
                                                                        
 10                               CORRECTION TO THE TITLE
 11        On  page  1,  delete lines 11 through 14 and insert: "THE INTERNAL REVENUE
 12    CODE IS LESS THAN ONE HUNDRED PERCENT; REPEALING".
                                                     Moved by    Risch               
                                                                        
                                                     Seconded by Sandy               
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENTS TO H.B. NO. 707
                                                                        
 13                                AMENDMENT TO THE BILL
 14        On page 1 of the printed bill, delete lines 37 through 41, and on  page  2
 15    delete lines 1 and 2 and insert:
 16        "SECTION  2.  That Section 63-3024, Idaho Code, be, and the same is hereby
 17    amended to read as follows:
                                                                        
 18        63-3024.  INDIVIDUALS' TAX AND TAX ON ESTATES AND TRUSTS. For each taxable
 19    year on and after January 1, 2001, a tax measured by Idaho taxable  income  as
 20    defined  in  this  chapter  is hereby imposed upon every individual, trust, or
 21    estate required by this chapter to file a return.
 22        (a)  The tax imposed upon individuals, trusts and estates  shall  be  com-
 23    puted at the following rates:
 24    When Idaho taxable income is:    The rate is:
 25    Less than $1,000                 Two percent (2.0%)
                                                                        
                                          2
                                                                        
  1    $1,000 but less than $2,000      $20, plus four percent (4.0%)
  2                                     of the amount over $1,000
  3    $2,000 but less than $3,000      $60, plus four and one-half percent
  4                                     (4.5%) of the amount over $2,000
  5    $3,000 but less than $4,000      $105, plus five and one-half percent
  6                                     (5.5%) of the amount over $3,000
  7    $4,000 but less than $5,000      $160, plus six and one-half percent
  8                                     (6.5%) of the amount over $4,000
  9    $5,000 but less than $7,500      $225, plus seven and one-half percent
 10                                     (7.5%) of the amount over $5,000
 11    $7,500 but less than $20,000     $412.50, plus seven and eight-tenths percent
 12                                     (7.8%) of the amount over $7,500
 13    Over $20,000                     $1,387.50, plus eight and two-tenths percent
 14                                     (8.2%) of the amount over $20,000
 15        (b)  In  case  a joint return is filed by husband and wife pursuant to the
 16    provisions of section 63-3031, Idaho Code, the tax  imposed  by  this  section
 17    shall  be twice the tax which would be imposed on one-half (1/2) of the aggre-
 18    gate Idaho taxable income. For the purposes of this section,  a  return  of  a
 19    surviving spouse, as defined in section 2(a) of the Internal Revenue Code, and
 20    a  head of household, as defined in section 2(b) of the Internal Revenue Code,
 21    shall be treated as a joint return and the tax imposed shall be twice the  tax
 22    which would be  imposed on one-half (1/2) of the Idaho taxable income.
 23        (c)  The  state  tax commission shall compute and publish Idaho income tax
 24    liability for taxpayers at the midpoint  of  each  bracket  of  Idaho  taxable
 25    income  in  fifty  dollar  ($50.00) steps to fifty thousand dollars ($50,000),
 26    rounding such calculations to the  nearest  dollar.  Taxpayers  having  income
 27    within  such brackets shall file returns based upon and pay taxes according to
 28    the schedule thus established. The state tax commission shall promulgate rules
 29    defining the conditions upon which such returns shall be filed.
 30        (d)  For tax year 2001 and each year thereafter, the tax commission  shall
 31    prescribe  a factor which shall be used to compute taxable income for purposes
 32    of this chapter. The factor shall provide an adjustment in taxable  income  so
 33    that  inflation will not result in a tax increase. The taxable income shall be
 34    computed as follows: multiplying the taxable income times the percentage  (the
 35    consumer  price index for the calendar year 2000 divided by the consumer price
 36    index of the calendar year for which the tax year shall be factored.  For  the
 37    purpose of this computation, the consumer price index for any calendar year is
 38    the  average  of  the consumer price index as of the close of  the twelve (12)
 39    month period ending on July 1 of such calendar year). The consumer price index
 40    shall mean the consumer price index for all U.S. urban consumers published  by
 41    the United States department of labor. The state tax commission shall annually
 42    include  the factor as provided in this subsection to multiply against taxable
 43    income to arrive at that year's taxable income.".
                                                                        
 44                                AMENDMENT TO SECTION 6
 45        On page 4, delete lines 11 and 12 and insert: "declared to exist, Sections
 46    1, 3, 4 and 5 of this act shall be in full force and effect on and  after  its
 47    passage  and approval and retroactively to January 1, 2000.  Section 2 of this
 48    act shall be in full force and effect on and after January 1, 2001.".
                                                                        
 49                                 CORRECTION TO TITLE
 50        On page 1, in line 11, delete "CHAP-", delete  lines  12  through  14  and
 51    insert:  "SECTION  63-3024,  IDAHO CODE, TO PROVIDE THAT FOR TAX YEAR 2001 AND
 52    EACH YEAR THEREAFTER, THE STATE TAX COMMISSION SHALL  PRESCRIBE  A  FACTOR  TO
 53    COMPUTE TAXABLE INCOME SO THAT INFLATION WILL NOT RESULT IN A TAX INCREASE, TO
                                                                        
                                          3
                                                                        
  1    PROVIDE THE FORMULA AND TO PROVIDE DUTIES OF THE STATE TAX COMMISSION; REPEAL-
  2    ING".
                                                     Moved by    Davis               
                                                                        
                                                     Seconded by Boatright           
                                                                        
                                                                        
                                       IN THE SENATE
                  SENATE AMENDMENT TO THE SECOND SET OF SENATE AMENDMENTS
                           ADOPTED BY THE SENATE TO H.B. NO. 707
                                                                        
                                                                        
  3                              AMENDMENT TO THE AMENDMENT
  4        On  page 1 of the printed amendment, delete lines 2 through 43 and on page
  5    2 delete lines 1 through 25 and insert:
  6        "On page 1 of the printed bill, delete lines 37 through 41, and on page  2
  7    delete lines 1 and 2 and insert:
  8        "SECTION  2.  That Section 63-3024, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        63-3024.  INDIVIDUALS' TAX AND TAX ON ESTATES AND TRUSTS. For each taxable
 11    year on and after January 1, 2000, a tax measured by Idaho taxable  income  as
 12    defined  in  this  chapter  is hereby imposed upon every individual, trust, or
 13    estate required by this chapter to file a return.
 14        (a)  The tax imposed upon individuals, trusts and estates  shall  be  com-
 15    puted at the following rates:
 16    When Idaho taxable income is:    The rate is:
 17    Less than $1,000                 Two percent (2.0%)
 18    $1,000 but less than $2,000      $20, plus four percent (4.0%)
 19                                     of the amount over $1,000
 20    $2,000 but less than $3,000      $60, plus four and one-half percent
 21                                     (4.5%) of the amount over $2,000
 22    $3,000 but less than $4,000      $105, plus five and one-half percent
 23                                     (5.5%) of the amount over $3,000
 24    $4,000 but less than $5,000      $160, plus six and one-half percent
 25                                     (6.5%) of the amount over $4,000
 26    $5,000 but less than $7,500      $225, plus seven and one-half percent
 27                                     (7.5%) of the amount over $5,000
 28    $7,500 but less than $20,000     $412.50, plus seven and eight-tenths percent
 29                                     (7.8%) of the amount over $7,500
 30    Over $20,000                     $1,387.50, plus eight and two-tenths percent
 31                                     (8.2%) of the amount over $20,000
 32        For tax year 2000 and each year thereafter, the state tax commission shall
 33    prescribe  a  factor  which shall be used to compute Idaho income tax brackets
 34    provided above. The factor shall provide an adjustment to the Idaho tax brack-
 35    ets so that inflation will not result in a tax increase. The Idaho tax  brack-
 36    ets shall be adjusted as follows: multiply the bracket amounts by the percent-
 37    age  (the consumer price index for the calendar year immediately preceding the
 38    calendar year to which the adjusted brackets will apply divided  by  the  con-
 39    sumer  price  index  for calendar year 1998). For the purpose of this computa-
 40    tion, the consumer price index for any calendar year is  the  average  of  the
 41    consumer  price  index as of the close of the twelve (12) month period for the
 42    immediately preceding calendar year as adopted by the  state  tax  commission.
 43    This  adoption  shall  be  exempt from the provisions of chapter 52, title 67,
 44    Idaho Code. The consumer price index shall mean the consumer price  index  for
                                                                        
                                          4
                                                                        
  1    all  U.S.  urban consumers published by the United States department of labor.
  2    The state tax commission shall annually include the factor as provided in this
  3    subsection to multiply against Idaho taxable income in the brackets  above  to
  4    arrive at that year's taxable income for tax bracket purposes.
  5        (b)  In  case  a joint return is filed by husband and wife pursuant to the
  6    provisions of section 63-3031, Idaho Code, the tax  imposed  by  this  section
  7    shall  be twice the tax which would be imposed on one-half (1/2) of the aggre-
  8    gate Idaho taxable income. For the purposes of this section,  a  return  of  a
  9    surviving spouse, as defined in section 2(a) of the Internal Revenue Code, and
 10    a  head of household, as defined in section 2(b) of the Internal Revenue Code,
 11    shall be treated as a joint return and the tax imposed shall be twice the  tax
 12    which would be imposed on one-half (1/2) of the Idaho taxable income.
 13        (c)  The  state  tax commission shall compute and publish Idaho income tax
 14    liability for taxpayers at the midpoint  of  each  bracket  of  Idaho  taxable
 15    income  in  fifty  dollar  ($50.00) steps to fifty thousand dollars ($50,000),
 16    rounding such calculations to the  nearest  dollar.  Taxpayers  having  income
 17    within  such brackets shall file returns based upon and pay taxes according to
 18    the schedule thus established. The state tax commission shall promulgate rules
 19    defining the conditions upon which such returns shall be filed.".
 20        On page 4, delete lines 10 through 12 and insert:
 21        "SECTION 6.  An emergency existing therefor,  which  emergency  is  hereby
 22    declared to exist, this act shall be in full force and effect on and after its
 23    passage and approval and retroactively to January 1, 2000.".
                                                                        
 24                                 CORRECTION TO TITLE
 25        On  page  1,  in  line  11, delete "CHAP-", delete lines 12 through 14 and
 26    insert: "SECTION 63-3024, IDAHO CODE, TO PROVIDE THAT FOR TAX  YEAR  2000  AND
 27    EACH  YEAR  THEREAFTER,  THE  STATE TAX COMMISSION SHALL PRESCRIBE A FACTOR TO
 28    COMPUTE IDAHO  TAXABLE INCOME FOR TAX BRACKET PURPOSES  SO THAT INFLATION WILL
 29    NOT RESULT IN A TAX INCREASE, TO PROVIDE THE FORMULA AND TO PROVIDE DUTIES  OF
 30    THE STATE TAX COMMISSION; REPEALING".".

Statement of Purpose / Fiscal Impact


     
                           
                STATEMENT OF PURPOSE 
                      RS10221C1
     
     The purpose of this legislation is to provide that a self- employed person may
     deduct medical insurance premiums from their state income tax which may not
     otherwise be deductible for federal income tax purposes. Further, this legislation
     provides an income tax credit of three percent(3%)for a taxpayer's state income
     tax liability for the tax year 2000 and beyond. It further provides for elimination
     from the calculation of Idaho taxable income any marriage penalty. This
     legislation also increases the maximum amount of tax liability the investment tax
     credit may be. 
     
     
     
                    FISCAL IMPACT 
     
     The fiscal impact is projected as follows: 
     
     Health Insurance Deduction for Self-Employed                 1,600,000
                                                                 "Marriage Tax Penalty" fully funded                                10,788,000
                                                                 A 3% Individual Income Tax Credit                                  26,000,000
                                                            Investment Tax Credit Increase                                  2,100,000 
                                   Total:        $40,448,000 
     
               CONTACT:  Rep. Dolores Crow
               Rep. Mike Moyle
               Phone:    208) 332-1000 
     
     STATEMENT OF PURPOSE/ FISCAL IMPACT                     H 707