2001 Legislation
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HOUSE BILL NO. 157 – Grocery tax credit, increased

HOUSE BILL NO. 157

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



H0157...............................................by REVENUE AND TAXATION
INCOME TAX - GROCERY CREDIT - Amends existing law to increase the grocery
tax credit for resident individuals.
                                                                        
02/06    House intro - 1st rdg - to printing
02/07    Rpt prt - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 157
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO INCOME TAX CREDITS AND REFUNDS; AMENDING SECTION  63-3024A,  IDAHO
  3        CODE,  TO  INCREASE THE INCOME TAX CREDIT FOR SALES TAXES PAID BY RESIDENT
  4        INDIVIDUALS WHO ARE NOT ENTITLED TO THE INCOME TAX CREDIT FOR SALES  TAXES
  5        PAID BY RESIDENT INDIVIDUALS OVER SIXTY-FIVE YEARS OF AGE, TO INCREASE THE
  6        INCOME  TAX  CREDIT FOR SALES TAX PAID BY RESIDENT INDIVIDUALS OVER SIXTY-
  7        FIVE YEARS OF AGE, TO INCREASE THE REFUND ALLOWED TO RESIDENT  INDIVIDUALS
  8        OVER SIXTY-FIVE YEARS OF AGE WHO WERE NOT REQUIRED TO FILE AN IDAHO INCOME
  9        TAX  RETURN, TO INCREASE THE REFUND ALLOWED BY THE PROVISIONS OF THIS SEC-
 10        TION TO RESIDENT INDIVIDUALS OVER SIXTY-TWO YEARS  OF  AGE  WHO  HAVE  NOT
 11        OTHERWISE  RECEIVED  OR HAVE RECEIVED LESS THAN, THE TAX CREDIT ALLOWED BY
 12        THE PROVISIONS OF THIS SECTION AND TO MAKE TECHNICAL CORRECTIONS;  DECLAR-
 13        ING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.
                                                                        
 14    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 15        SECTION  1.  That Section 63-3024A, Idaho Code, be, and the same is hereby
 16    amended to read as follows:
                                                                        
 17        63-3024A.  CREDITS AND REFUNDS. (a) Any resident individual  not  entitled
 18    to the credit allowed in subsection (b)(1), who is required to file by law and
 19    who  has  filed  an Idaho income tax return, shall be allowed a credit against
 20    taxes due under the Idaho income tax act equal to the amount of fifteen thirty
 21    dollars ($1530.00) for each personal exemption for which a deduction  is  per-
 22    mitted  by  section 151(b) and (c) of the Internal Revenue Code if such deduc-
 23    tion is claimed on the taxpayer's Idaho income tax return, and if the individ-
 24    ual for whom the deduction is claimed is a resident of the state of Idaho.  If
 25    taxes due are less than the total credit allowed, the taxpayer shall be paid a
 26    refund  equal  to the balance of the unused credit. If the credit or refund is
 27    not claimed for the year for which the individual income tax return is  filed,
 28    the  right  thereafter  to claim such credit or refund shall be forfeited. The
 29    state tax commission shall prescribe the method by which the refund,  if  any,
 30    is to be made to the taxpayer.
 31        (b) (1)  A  resident  individual  who has reached his sixty-fifth birthday
 32        before the end of his taxable year, who is required to file by law and who
 33        has filed an Idaho income tax return, shall be allowed  a  credit  against
 34        taxes  due  under  the  Idaho income tax act equal to the amount of thirty
 35        sixty dollars ($360.00) for each personal exemption representing  himself,
 36        a  spouse  over  the age of sixty-five (65) years, or a dependent over the
 37        age of sixty-five (65) years, but shall be allowed a credit against  taxes
 38        due  under  the  Idaho  income  tax  act  equal  to fifteen thirty dollars
 39        ($1530.00) for each personal exemption representing a spouse or  dependent
 40        under  the  age  of  sixty-five (65) years. If taxes due are less than the
 41        total credit allowed, the taxpayer shall be paid a  refund  equal  to  the
 42        balance  of  the unused credit. If the credit or refund is not claimed for
 43        the year for which the individual income tax return is  filed,  the  right
                                                                        
                                           2
                                                                        
  1        thereafter  to  claim  such credit or refund shall be forfeited. The state
  2        tax commission shall prescribe the method by which the refund, if any,  is
  3        to be made to the taxpayer.
  4        (2)  A resident individual who has reached his sixty-fifth birthday and is
  5        not  required  by  law  to  file  an  Idaho  income tax return and who has
  6        received no credit or refund under any other subsection of  this  section,
  7        shall  be  entitled  to  a  refund of thirty  sixty dollars ($360.00). Any
  8        refund shall be paid to such individual only upon his  making  application
  9        therefor at such time and in such manner as may be prescribed by the state
 10        tax commission.
 11        (c)  A resident individual of the state of Idaho who is:
 12        (i)   blind, or
 13        (ii)  a  disabled  American  veteran  of  any war engaged in by the United
 14        States, whose disability is recognized as a service  connected  disability
 15        of a degree of ten per cent percent (10%) or more, or who is in receipt of
 16        a  pension  for nonservice connected disabilities, in accordance with laws
 17        and regulations administered by the United States veterans administration,
 18        substantiated by a statement as to status signed by a responsible  officer
 19        of the United States veterans administration, or
 20        (iii) over sixty-two (62) years of age, and has been allowed none, or less
 21        than  all,  of  the credit provided by subsection (a) or subsection (b) of
 22        this section, shall be entitled to a payment from the refund  fund  in  an
 23        amount  equal  to fifteen thirty dollars ($1530.00), or the balance of his
 24        unused credit, whichever is less, upon making application therefor at such
 25        time and in such manner as the state tax commission may prescribe.
 26        (d)  Any part-year resident entitled to a credit under this section  shall
 27    receive  a  proportionate credit, in the manner above provided, reflecting the
 28    part of the year in which he was domiciled in this state.
 29        (e)  No credit or refund may be claimed for an exemption which  represents
 30    a person who has himself filed an Idaho income tax return claiming a deduction
 31    for  his  own personal exemption, and in no event shall more than one (1) tax-
 32    payer be allowed a credit or refund for the same exemption, or under more than
 33    one (1) subsection of this section.
 34        (f)  The refunds authorized by this section shall be paid from  the  state
 35    refund  fund  in the same manner as the refunds authorized by section 63-3067,
 36    Idaho Code.
 37        (g)  An application for any refund which is due and payable under the pro-
 38    visions of this section must be filed with the  state  tax  commission  within
 39    three (3) years of:
 40        (i)  the due date, including extensions, of the return required under sec-
 41        tion  63-3030,  Idaho Code, if the applicant is required to file a return,
 42        or
 43        (ii) the 15th day of April of the year following the  year  to  which  the
 44        application relates if the applicant is not required to file a return.
                                                                        
 45        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 46    declared to exist, this act shall be in full force and effect on and after its
 47    passage and approval, and retroactively to January 1, 2001.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE

                           RS 10876
                               
To double the grocery tax credit for individuals over the age of 65
from $30.00 to $60.00 and for all other resident individuals from
$15.00 to $30, beginning in tax year 2001.




                         FISCAL IMPACT
                               
                               
                               
Doubling the grocery tax credit would have a projected fiscal impact
of $18.6 million starting fiscal year 2002.










STATEMENT OF PURPOSE/FISCAL NOTE                         H 157










Contact
     Name:   Rep. Ken Roberts
     Phone:  332 1000