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H0275aaS............................................by REVENUE AND TAXATION INCOME TAX - Amends, repeals and adds to existing law to reduce the individual income tax rates for taxable year 2001 and 2002 and thereafter; to provide for rebates of 10.6% of the 1999 income tax paid by individuals, subject to a $25.00 minimum and $25,000 maximum; to increase the grocery tax credit for individuals; to increase the capital gains deduction; to permanently reduce the corporate income tax rate by 0.3%; to provide five new or expanded income tax credits for research and development expenditures, creation of new jobs, providing new venture capital, installing broadband communications equipment, and investing in counties with high unemployment or low personal income; to change the child care deduction to a credit equal to one-half the federal credit; to permanently increase credit for caring for a dependent over 65 years of age or caring for a person who is developmentally disabled from $100 to $500; to provide for a capital gains deduction for qualifying taxpayers; to provide income tax credits for personal property taxes; to provide for treatment of a General Fund surplus; and to provide an income tax credit for up to two children under the age of sixty months who are being cared for in their home by their parent. 02/15 House intro - 1st rdg - to printing 02/16 Rpt prt - to 2nd rdg 02/19 2nd rdg - to 3rd rdg 02/20 3rd rdg - PASSED - 54-14-2 AYES -- Barraclough, Barrett, Bedke, Bell, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Higgins, Hornbeck, Kellogg, Kendell, Kunz, Lake, Langford, Mader, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould, Sali, Schaefer, Sellman, Smith, Stevenson, Swan, Tilman, Wheeler, Wood, Young, Mr. Speaker NAYS -- Bieter, Black, Boe, Chase, Henbest, Jaquet, Jones, Loertscher, Marley, Robison, Shepherd, Smylie, Stone, Trail Absent and excused -- Ridinger, Roberts Floor Sponsor -- Crow Title apvd - to Senate 02/21 Senate intro - 1st rdg - to Loc Gov 03/08 Rpt out - to 14th Ord 03/22 Rpt out amen - to 1st rdg as amen 1st rdg - to 2nd rdg as amen 03/23 2nd rdg - to 3rd rdg as amen 3rd rdg as amen - PASSED - 34-1-0 AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams, NAYS -- Whitworth Absent and excused -- None Floor Sponsor --Thorne Title apvd - to House 03/26 House NOT concurred in Senate amens To Office of the Chief Clerk
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 275 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO INCOME TAX RELIEF; AMENDING SECTION 63-3024, IDAHO CODE, TO PRO- 3 VIDE FOR A REDUCTION IN RATES FOR TAXABLE YEAR 2001 AND TO PROVIDE FOR AN 4 ADDITIONAL REDUCTION IN RATES FOR TAXABLE YEAR 2002 AND THEREAFTER; AMEND- 5 ING CHAPTER 30, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 6 63-3081, IDAHO CODE, TO PROVIDE A REBATE OF INCOME TAXES PAID BY INDIVIDU- 7 ALS FOR TAXABLE YEARS BEGINNING IN 1999, TO DETERMINE THE RATE OF THE 8 REBATE, TO SET MAXIMUM AND MINIMUM AMOUNTS, TO PROVIDE PROCEDURES, TO 9 APPROPRIATE MONEYS AND TO AUTHORIZE CONTRACTS; REPEALING SECTION 63-3022D, 10 IDAHO CODE; AMENDING SECTION 63-3022E, IDAHO CODE, TO INCREASE THE DEDUC- 11 TION FOR DEPENDENTS SIXTY-FIVE YEARS OF AGE OR OLDER OR PERSONS WITH 12 DEVELOPMENTAL DISABILITIES FROM ONE THOUSAND DOLLARS TO FIVE THOUSAND DOL- 13 LARS; AMENDING SECTION 63-3022H, IDAHO CODE, TO INCREASE THE DEDUCTION 14 ALLOWED FOR QUALIFIED CAPITAL GAINS AND TO ADD CERTAIN INVESTMENTS HELD BY 15 IDAHO PRIVATE VENTURE CAPITAL COMPANIES FOR A PERIOD OF THREE YEARS TO THE 16 PROPERTY QUALIFYING FOR THE CAPITAL GAINS DEDUCTION AND TO MAKE TECHNICAL 17 CORRECTIONS; AMENDING SECTION 63-3024A, IDAHO CODE, TO INCREASE THE INCOME 18 TAX CREDIT FOR SALES TAXES PAID BY INDIVIDUALS AND TO MAKE TECHNICAL COR- 19 RECTIONS; AMENDING SECTION 63-3025, IDAHO CODE, TO REDUCE THE CORPORATE 20 INCOME TAX RATE FROM EIGHT TO SEVEN AND SEVEN-TENTHS PERCENT FOR TAXABLE 21 YEAR 2001 AND TO SEVEN AND FIVE-TENTHS PERCENT FOR TAXABLE YEAR 2002 AND 22 THEREAFTER; AMENDING SECTION 63-3025A, IDAHO CODE, TO REDUCE THE CORPORATE 23 FRANCHISE TAX RATE FROM EIGHT PERCENT TO THE RATE OF THE CORPORATE INCOME 24 TAX AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 63-3025D, IDAHO 25 CODE, TO INCREASE THE PAYMENT FOR DEPENDENTS SIXTY-FIVE YEARS OF AGE OR 26 OLDER OR PERSONS WITH DEVELOPMENTAL DISABILITIES FROM ONE HUNDRED DOLLARS 27 TO FIVE HUNDRED DOLLARS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SEC- 28 TION 63-3029B, IDAHO CODE, TO PROVIDE THAT TAXPAYERS MAKING EXPENDITURES 29 FOR QUALIFIED BROADBAND EQUIPMENT ARE ENTITLED TO THE CREDIT AND TO REVISE 30 PROCEDURES FOR RECAPTURE; AMENDING SECTIONS 63-3029E AND 63-3029F, IDAHO 31 CODE, TO EXPAND THE NEW JOBS CREDIT BY REMOVING THE LIMITATION OF QUALIFY- 32 ING TAXPAYERS TO REVENUE-PRODUCING ENTERPRISE CREATING VALUE-ADDED NATURAL 33 RESOURCE PRODUCTS; AMENDING CHAPTER 30, TITLE 63, IDAHO CODE, BY THE 34 ADDITION OF A NEW SECTION 63-3029G, IDAHO CODE, TO PROVIDE AN INCOME TAX 35 CREDIT FOR CERTAIN EXPENDITURES RELATING TO RESEARCH ACTIVITIES CONDUCTED 36 IN IDAHO, TO PROVIDE A SUNSET, TO PROVIDE A CARRYOVER OF UNUSED CREDITS, 37 TO PROVIDE DEFINITIONS AND TO PROVIDE PROCEDURES; AMENDING SECTION 38 63-3029H, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING CHAPTER 30, 39 TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 63-3029H, IDAHO 40 CODE, TO PROVIDE A CREDIT FOR EXPENSES FOR HOUSEHOLD AND DEPENDENT CARE; 41 AMENDING CHAPTER 30, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SEC- 42 TION 63-3029I, IDAHO CODE, TO PROVIDE AN INCOME TAX CREDIT FOR CERTAIN 43 EXPENDITURES RELATING TO HIGH SPEED BROADBAND COMMUNICATIONS ACCESS IN 44 IDAHO, TO PROVIDE A SUNSET, TO PROVIDE A CARRYOVER OF UNUSED CREDITS, TO 45 PROVIDE DEFINITIONS AND TO PROVIDE PROCEDURES; AMENDING CHAPTER 30, TITLE 46 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 63-3029J, IDAHO CODE, TO 2 1 PROVIDE AN INCOME TAX CREDIT FOR CERTAIN EXPENDITURES RELATING TO INVEST- 2 MENT IN AREAS IN IDAHO WITH HIGH UNEMPLOYMENT OR LOW PERSONAL INCOME AT 3 THE ELECTION OF THE TAXPAYER, TO PROVIDE A SUNSET, TO PROVIDE A CARRYOVER 4 OF UNUSED CREDITS, TO PROVIDE DEFINITIONS AND TO PROVIDE PROCEDURES; 5 AMENDING CHAPTER 30, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SEC- 6 TION 63-3029K, IDAHO CODE, TO PROVIDE A TEN PERCENT INCOME TAX CREDIT FOR 7 INVESTMENTS IN IDAHO PRIVATE VENTURE CAPITAL COMPANIES, TO PROVIDE A SUN- 8 SET, TO PROVIDE A CARRYOVER OF UNUSED CREDITS, TO PROVIDE DEFINITIONS AND 9 TO PROVIDE PROCEDURES; REPEALING SECTIONS 63-3029E AND 63-3029F, IDAHO 10 CODE; AMENDING CHAPTER 30, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW 11 SECTION 63-3029E, IDAHO CODE, TO PROVIDE DEFINITIONS AND CONSTRUCTION OF 12 TERMS; AMENDING CHAPTER 30, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW 13 SECTION 63-3029F, IDAHO CODE, TO PROVIDE SPECIAL CREDITS TO THE INCOME TAX 14 FOR NEW EMPLOYEES FOR AN ENTERPRISE THAT PRODUCES, ASSEMBLES, FABRICATES 15 OR PROCESSES NATURAL RESOURCE PRODUCTS; AMENDING CHAPTER 30, TITLE 63, 16 IDAHO CODE, BY THE ADDITION OF A NEW SECTION 63-3022Q, IDAHO CODE, TO PRO- 17 VIDE FOR A DEDUCTION OF CAPITAL GAINS FOR QUALIFYING TAXPAYERS, TO PROVIDE 18 LIMITATION, TO DEFINE TERMS AND TO PROVIDE PROCEDURES; AMENDING CHAPTER 19 30, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 63-3024D, IDAHO 20 CODE, TO PROVIDE FOR STATE INCOME TAX CREDITS FOR THE PAYMENT OF PERSONAL 21 PROPERTY TAXES BY CERTAIN TAXPAYERS DURING TAX YEAR 2001, TO PROVIDE A 22 DEFINITION OF "AGRICULTURAL MACHINERY AND EQUIPMENT", TO PROVIDE THE MAXI- 23 MUM AMOUNT OF THE CREDIT AND TO PROVIDE PROCEDURES; AMENDING CHAPTER 35, 24 TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-3529, IDAHO 25 CODE, TO PROVIDE FOR TREATMENT OF A GENERAL FUND SURPLUS AND TO PROVIDE 26 FOR REMITTANCE OF CERTAIN MONEYS TO THE STATE REFUND FUND AND TO PROVIDE 27 FOR REMITTANCE TO THE GENERAL FUND; AMENDING SECTION 63-3067, IDAHO CODE, 28 TO PROVIDE THAT MONEYS IN THE STATE REFUND FUND MAY BE USED FOR REPAYING 29 TAXPAYERS FOR CERTAIN PERSONAL PROPERTY TAXES PAID AND TO MAKE TECHNICAL 30 CORRECTIONS; AMENDING CHAPTER 30, TITLE 63, IDAHO CODE, BY THE ADDITION OF 31 A NEW SECTION 63-3029L, IDAHO CODE, TO PROVIDE AN INCOME TAX CREDIT FOR 32 EACH QUALIFIED CHILD, FOR UP TO TWO QUALIFYING CHILDREN, CARED FOR AT HOME 33 BY HIS OWN PARENT; PROVIDING FOR NONSEVERABILITY OF CERTAIN PROVISIONS OF 34 THIS ACT; DECLARING AN EMERGENCY, PROVIDING RETROACTIVE APPLICATION FOR 35 CERTAIN PROVISIONS OF THIS ACT AND PROVIDING EFFECTIVE DATES. 36 Be It Enacted by the Legislature of the State of Idaho: 37 SECTION 1. That Section 63-3024, Idaho Code, be, and the same is hereby 38 amended to read as follows: 39 63-3024. INDIVIDUALS' TAX AND TAX ON ESTATES AND TRUSTS. For taxable year 40 20001, a tax measured by Idaho taxable income as defined in this chapter is 41 hereby imposed upon every individual, trust, or estate required by this chap- 42 ter to file a return. 43 (a) (i) The tax imposed upon individuals, trusts and estates shall be 44 computed at the following rates: 45 When Idaho taxable income is: The rate is: 46 Less than $1,000 One andnineeight-tenths percent (1.98%) 47 $1,000 but less than $2,000 $198, plus three andnineeight-tenths 48 percent (3.98%) of the amount over $1,000 49 $2,000 but less than $3,000 $586, plus four andfourthree-tenths 50 percent (4.43%) of the amount over $2,000 51 $3,000 but less than $4,000 $10299, plus five andfourthree-tenths 52 percent (5.43%) of the amount over $3,000 3 1 $4,000 but less than $5,000 $1562, plus six andfourthree-tenths 2 percent (6.43%) of the amount over $4,000 3 $5,000 but less than $7,500 $22015, plus seven 4 andfourthree-tenths 5 percent (7.43%) of the amount over $5,000 6 $7,500 but less than $20,000 $405397.50, plus 7 seven andsevensix-tenths 8 percent (7.76%) of the amount over $7,500 9 Over $20,000 $1,3647.50, plus eightand one-tenth10 percent (8.10%) of the amount over $20,000 11 (ii) For taxable year 20012 and each taxable year thereafter, a tax mea- 12 sured by Idaho taxable income as defined in this chapter is hereby imposed 13 upon every individual, trust, or estate required by this chapter to file a 14 return. 15 The tax imposed upon individuals, trusts and estates shall be computed at the 16 following rates: 17 When Idaho taxable income is: The rate is: 18Less than $1,000Two percent (2.0%)19$1,000 but less than $2,000$20, plus four percent (4.0%)20of the amount over $1,00021$2,000 but less than $3,000$60, plus four and one-half percent22(4.5%) of the amount over $2,00023$3,000 but less than $4,000$105, plus five and one-half percent24(5.5%) of the amount over $3,00025$4,000 but less than $5,000$160, plus six and one-half percent26(6.5%) of the amount over $4,00027$5,000 but less than $7,500$225, plus seven and one-half percent28(7.5%) of the amount over $5,00029$7,500 but less than $20,000$412.50, plus seven and eight-tenths percent30(7.8%) of the amount over $7,50031Over $20,000$1,387.50, plus eight and two-tenths percent32(8.2%) of the amount over $20,00033 Less than $1,000 One and five-tenths percent (1.5%) 34 $1,000 but less than $2,000 $15, plus three and five-tenths percent 35 (3.5%) of the amount over $1,000 36 $2,000 but less than $3,000 $50, plus four percent 37 (4.0%) of the amount over $2,000 38 $3,000 but less than $4,000 $90, plus five percent 39 (5.0%) of the amount over $3,000 40 $4,000 but less than $5,000 $140, plus six percent 41 (6.0%) of the amount over $4,000 42 $5,000 but less than $7,500 $200, plus seven percent 43 (7.0%) of the amount over $5,000 44 $7,500 but less than $20,000 $375, plus seven and three-tenths percent 45 (7.3%) of the amount over $7,500 46 Over $20,000 $1,287.50, plus seven and seven-tenths percent 47 (7.7%) of the amount over $20,000 48 For taxable year 2000 and each year thereafter, the state tax commission 49 shall prescribe a factor which shall be used to compute the Idaho income tax 50 brackets provided in subsections (a)(i) and (a)(ii) of this section. The fac- 51 tor shall provide an adjustment to the Idaho tax brackets so that inflation 52 will not result in a tax increase. The Idaho tax brackets shall be adjusted as 53 follows: multiply the bracket amounts by the percentage (the consumer price 54 index for the calendar year immediately preceding the calendar year to which 55 the adjusted brackets will apply divided by the consumer price index for cal- 4 1 endar year 1998). For the purpose of this computation, the consumer price 2 index for any calendar year is the average of the consumer price index as of 3 the close of the twelve (12) month period for the immediately preceding calen- 4 dar year as adopted by the state tax commission. This adoption shall be exempt 5 from the provisions of chapter 52, title 67, Idaho Code. The consumer price 6 index shall mean the consumer price index for all U.S. urban consumers pub- 7 lished by the United States department of labor. The state tax commission 8 shall annually include the factor as provided in this subsection to multiply 9 against Idaho taxable income in the brackets above to arrive at that year's 10 taxable income for tax bracket purposes. 11 (b) In case a joint return is filed by husband and wife pursuant to the 12 provisions of section 63-3031, Idaho Code, the tax imposed by this section 13 shall be twice the tax which would be imposed on one-half (1/2) of the aggre- 14 gate Idaho taxable income. For the purposes of this section, a return of a 15 surviving spouse, as defined in section 2(a) of the Internal Revenue Code, and 16 a head of household, as defined in section 2(b) of the Internal Revenue Code, 17 shall be treated as a joint return and the tax imposed shall be twice the tax 18 which would be imposed on one-half (1/2) of the Idaho taxable income. 19 (c) The state tax commission shall compute and publish Idaho income tax 20 liability for taxpayers at the midpoint of each bracket of Idaho taxable 21 income in fifty dollar ($50.00) steps to fifty thousand dollars ($50,000), 22 rounding such calculations to the nearest dollar. Taxpayers having income 23 within such brackets shall file returns based upon and pay taxes according to 24 the schedule thus established. The state tax commission shall promulgate rules 25 defining the conditions upon which such returns shall be filed. 26 SECTION 2. That Chapter 30, Title 63, Idaho Code, be, and the same is 27 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 28 ignated as Section 63-3081, Idaho Code, and to read as follows: 29 63-3081. REBATE OF INCOME TAX. (1) Subject to the limitations of this 30 section, in regard to each individual income tax return required to be filed 31 pursuant to section 63-3030, Idaho Code, and that is actually filed, for a 32 twelve (12) month taxable year beginning in 1999 for which tax is imposed by 33 section 63-3024, Idaho Code, on at least one dollar ($1.00) of Idaho taxable 34 income, the state tax commission shall, on a one-time basis, rebate to the 35 taxpayer named on the return the amount specified in subsection (2) of this 36 section. In the case of a joint return, the rebate shall be paid to both tax- 37 payers jointly. 38 (2) (a) The rebate provided by subsection (1) of this section shall be 39 ten and six-tenths percent (10.6%) of the amount of tax computed under 40 section 63-3024, Idaho Code, reduced by credits provided by: 41 (i) Section 63-3029, Idaho Code, relating to taxes paid to another 42 state; 43 (ii) Sections 63-3029A and 63-3029C, Idaho Code, relating to certain 44 charitable contributions; 45 (iii) Section 63-3029B, Idaho Code, relating to capital investments; 46 (iv) Section 63-3029D, Idaho Code, relating to qualified equipment 47 utilizing postconsumer waste or postindustrial waste. 48 (b) When the amount of a rebate payable under subsection (2)(a) of this 49 section is less than twenty-five dollars ($25.00), the amount of the 50 rebate shall be twenty-five dollars ($25.00). When the amount of a rebate 51 payable under subsection (2)(a) of this section is more than two thousand 52 five hundred dollars ($2,500), the amount of the rebate shall be two thou- 53 sand five hundred dollars ($2,500). In the case of married taxpayers fil- 5 1 ing separate returns, only one (1) minimum or maximum rebate shall be 2 paid. 3 (3) No rebate shall be paid pursuant to this section in regard to a 4 return described in subsection (1) of this section if the return is not filed 5 within three (3) years of the original due date of the return, without regard 6 to extensions. In the event that the amount of tax due on a return filed 7 within the time required by this subsection is amended by the taxpayer or 8 changed by the state tax commission the rebate provided by this section shall 9 be adjusted proportionally. The state tax commission may offset a rebate 10 against taxes assessed the taxpayer but unpaid. 11 (4) In the case of a short period return, the rebates provided by this 12 section shall be reduced in proportion to the portion of calendar year 1999 to 13 which the return applies. 14 (5) Except as provided in this subsection, no application for a rebate 15 provided in this section shall be required. The state tax commission shall 16 cause each rebate to be mailed to the taxpayer or taxpayers at the address 17 shown on the return, unless, as a result of a more recent return, a newer 18 address is shown on the commission's records. The state tax commission may 19 provide a procedure by which rebates that are returned or undeliverable may be 20 claimed. 21 (6) Any person aggrieved by any action of the state tax commission in 22 regard to the rebates provided in this section shall file a petition with the 23 state tax commission in the manner provided in section 63-3045, Idaho Code. 24 Such a petition shall be subject to administrative and judicial review in the 25 manner provided by sections 63-3045 through 63-3049, Idaho Code. 26 (7) Rebates authorized by this section shall be paid from the state 27 refund account established by section 63-3067, Idaho Code, from which the 28 amounts necessary to pay the rebates are hereby appropriated. In the event 29 that, at the time the rebates are paid, there is an insufficient balance in 30 the state refund account, the state board of examiners, upon application by 31 the state tax commission, shall transfer sufficient funds from the general 32 fund to make the rebate payments and any other refunds due and payable from 33 the state refund account. 34 (8) The state tax commission, the state treasurer and the state control- 35 ler may contract with a commercial bank for some or all of the services, 36 including issuing payments, relating to payment of the rebate provided in 37 this section. 38 SECTION 3. That Section 63-3022D, Idaho Code, be, and the same is hereby 39 repealed. 40 SECTION 4. That Section 63-3022E, Idaho Code, be, and the same is hereby 41 amended to read as follows: 42 63-3022E. HOUSEHOLD DEDUCTION FOR DEPENDENTS SIXTY-FIVE YEARS OF AGE OR 43 OLDER OR PERSONS WITH DEVELOPMENTAL DISABILITIES. (1) An additional deduction 44 from taxable income shall be allowed in the case of an individual who main- 45 tains a household, which includes as an immediate member of the family resid- 46 ing in that household, one (1) or more individuals sixty-five (65) years of 47 age or older, or a person with developmental disabilities as defined in sub- 48 section (5) of section 66-402, Idaho Code, regardless of the age of the person 49 when such developmental disability appeared, each of whom receives more than 50 one-half (1/2) of his or her support for the year from the individual who 51 maintains the household. The amount of the deduction shall beonefive thou- 52 sand dollars ($15,000) for each individual sixty-five (65) years of age or 6 1 older or with developmental disabilities. 2 (2) There shall not be allowed more than three (3) deductions ofonefive 3 thousand dollars ($15,000) under the provisions of this section on any one (1) 4 return. 5 (3) No deductions shall be allowed under this section for the person(s) 6 in whose name(s) the income tax return is filed except as set forth in subsec- 7 tion (4) of this section. 8 (4) A deduction ofonefive thousand dollars ($15,000) shall be allowed 9 under this section for a person with a developmental disability, as defined in 10 subsection (5) of section 66-402, Idaho Code, who is filing his own return. 11 SECTION 5. That Section 63-3022H, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 63-3022H. DEDUCTION OF CAPITAL GAINS. (1) If an individual taxpayer 14 reports a net capital gain in determining taxable income,sixtyone hundred 15 percent (6100%) of the net capital gain from the sale or exchange of qualified 16 property shall be a deduction in determining taxable income. 17 (2) The deduction provided in this section is limited to the amount of 18 the net capital gain from all property included in federal taxable income. Net 19 capital gains treated as ordinary income by theiInternalrRevenuecCode do 20 not qualify for the deduction allowed in this section. The deduction otherwise 21 allowable under this section shall be reduced by the amount of any federal 22 capital gains deduction relating to such property, but not below zero. 23 (3) As used in this section "qualified property" means the following 24 property having an Idaho situs at the time of sale: 25 (a) Real property held at least eighteen (18) months; 26 (b) Tangible personal property used in Idaho for at least twelve (12) 27 months by a revenue-producing enterprise; 28 (c) Cattle or horses held for breeding, draft, dairy or sporting purposes 29 for at least twenty-four (24) months if more than one-half (1/2) of the 30 taxpayer's gross income (as defined in section 61(a) of theiInternal 31rRevenuecCode) for the taxable year is from farming or ranching opera- 32 tions in Idaho; 33 (d) Breeding livestock other than cattle or horses held at least twelve 34 (12) months if more than one-half (1/2) of the taxpayer's gross income (as 35 defined in section 61(a) of theiInternalrRevenuecCode) for the taxable 36 year is from farming or ranching operations in Idaho; 37 (e) Timber grown in Idaho and held at least twenty-four (24) months; 38 (f) An equity interest held by an Idaho private venture capital company 39 as defined in section 63-3029K, Idaho Code, including stock in a corpora- 40 tion, interest in a partnership or membership in a limited liability com- 41 pany, if: 42 (i) The Idaho private venture capital company or its investors have 43 held the equity interest for at least three (3) years from the date 44 of the original investment; and 45 (ii) The equity interest is issued by a business enterprise that is 46 headquartered and managed in Idaho whose business activity for the 47 entity's three (3) taxable years immediately preceding the sale is 48 entirely in Idaho or at least fifty percent (50%) in Idaho as deter- 49 mined by the average property and payroll factors under section 50 63-3027, Idaho Code. 51 (g) In determining the period for which property subject to this section 52 has been held by a taxpayer, the provisions of section 1223 of the 53iInternalrRevenuecCode shall apply, except that when the holding period 7 1 includes any period during which the taxpayer held property other than the 2 property sold, all property held during the holding period must qualify 3 under this section. 4 (4) If an individual reports a capital gain from qualified property from 5 an S corporation or a partnership, a deduction shall be allowed under this 6 section only to the extent the individual held his interest in the income of 7 the S corporation or the partnership for the time required by subsection (3) 8 of this section for the property sold. 9 (5) If an individual reports a capital gain from an estate, no deduction 10 shall be allowed under this section unless the holding period required in sub- 11 section (3) of this section was satisfied by the decedent, the estate, or the 12 beneficiary, or a combination thereof. 13 (6) If an individual reports a capital gain from a trust, no deduction 14 shall be allowed under this section unless the holding period required in sub- 15 section (3) of this section was satisfied by the grantor, the trust, or the 16 beneficiary, or a combination thereof. 17 (7) As used in this section "revenue-producing enterprise" means: 18 (a) The production, assembly, fabrication, manufacture, or processing of 19 any agricultural, mineral or manufactured product; 20 (b) The storage, warehousing, distribution, or sale at wholesale of any 21 products of agriculture, mining or manufacturing; 22 (c) The feeding of livestock at a feedlot; 23 (d) The operation of laboratories or other facilities for scientific, 24 agricultural, animal husbandry, or industrial research, development, or 25 testing. 26 SECTION 6. That Section 63-3024A, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 63-3024A. CREDITS AND REFUNDS. (a) Any resident individual not entitled 29 to the credit allowed in subsection (b)(1), who is required to file by law and 30 who has filed an Idaho income tax return, shall be allowed a credit against 31 taxes due under the Idaho income tax act equal to the amount offifteenthirty 32 dollars ($1530.00) for each personal exemption for which a deduction is per- 33 mitted by section 151(b) and (c) of the Internal Revenue Code if such deduc- 34 tion is claimed on the taxpayer's Idaho income tax return, and if the individ- 35 ual for whom the deduction is claimed is a resident of the state of Idaho. If 36 taxes due are less than the total credit allowed, the taxpayer shall be paid a 37 refund equal to the balance of the unused credit. If the credit or refund is 38 not claimed for the year for which the individual income tax return is filed, 39 the right thereafter to claim such credit or refund shall be forfeited. The 40 state tax commission shall prescribe the method by which the refund, if any, 41 is to be made to the taxpayer. 42 (b) (1) A resident individual who has reached his sixty-fifth birthday 43 before the end of his taxable year, who is required to file by law and who 44 has filed an Idaho income tax return, shall be allowed a credit against 45 taxes due under the Idaho income tax act equal to the amount ofthirty46 forty-five dollars ($3045.00) for each personal exemption representing 47 himself, a spouse over the age of sixty-five (65) years, or a dependent 48 over the age of sixty-five (65) years, but shall be allowed a credit 49 against taxes due under the Idaho income tax act equal tofifteenthirty 50 dollars ($1530.00) for each personal exemption representing a spouse or 51 dependent under the age of sixty-five (65) years. If taxes due are less 52 than the total credit allowed, the taxpayer shall be paid a refund equal 53 to the balance of the unused credit. If the credit or refund is not 8 1 claimed for the year for which the individual income tax return is filed, 2 the right thereafter to claim such credit or refund shall be forfeited. 3 The state tax commission shall prescribe the method by which the refund, 4 if any, is to be made to the taxpayer. 5 (2) A resident individual who has reached his sixty-fifth birthday and is 6 not required by law to file an Idaho income tax return and who has 7 received no credit or refund under any other subsection of this section, 8 shall be entitled to a refund ofthirtyforty-five dollars ($3045.00). Any 9 refund shall be paid to such individual only upon his making application 10 therefor at such time and in such manner as may be prescribed by the state 11 tax commission. 12 (c) A resident individual of the state of Idaho who is: 13 (i) blind, or 14 (ii) a disabled American veteran of any war engaged in by the United 15 States, whose disability is recognized as a service connected disability 16 of a degree of tenper centpercent (10%) or more, or who is in receipt of 17 a pension for nonservice connected disabilities, in accordance with laws 18 and regulations administered by the United States veterans administration, 19 substantiated by a statement as to status signed by a responsible officer 20 of the United States veterans administration, or 21 (iii) over sixty-two (62) years of age, and has been allowed none, or less 22 than all, of the credit provided by subsection (a) or subsection (b) of 23 this section, shall be entitled to a payment from the refund fund in an 24 amount equal tofifteenthirty dollars ($1530.00), or the balance of his 25 unused credit, whichever is less, upon making application therefor at such 26 time and in such manner as the state tax commission may prescribe. 27 (d) Any part-year resident entitled to a credit under this section shall 28 receive a proportionate credit, in the manner above provided, reflecting the 29 part of the year in which he was domiciled in this state. 30 (e) No credit or refund may be claimed for an exemption which represents 31 a person who has himself filed an Idaho income tax return claiming a deduction 32 for his own personal exemption, and in no event shall more than one (1) tax- 33 payer be allowed a credit or refund for the same exemption, or under more than 34 one (1) subsection of this section. 35 (f) The refunds authorized by this section shall be paid from the state 36 refund fund in the same manner as the refunds authorized by section 63-3067, 37 Idaho Code. 38 (g) An application for any refund which is due and payable under the pro- 39 visions of this section must be filed with the state tax commission within 40 three (3) years of: 41 (i) the due date, including extensions, of the return required under sec- 42 tion 63-3030, Idaho Code, if the applicant is required to file a return, 43 or 44 (ii) the 15th day of April of the year following the year to which the 45 application relates if the applicant is not required to file a return. 46 SECTION 7. That Section 63-3025, Idaho Code, be, and the same is hereby 47 amended to read as follows: 48 63-3025. TAX ON CORPORATE INCOME. For taxable years commencing on and 49 after January 1,19872001, a tax is hereby imposed on the Idaho taxable 50 income of a corporation which transacts or is authorized to transact business 51 in this state or which has income attributable to this state. The tax shall be 52 equal toeightseven and seven-tenths percent (87.7%) of Idaho taxable income 53 for taxable year 2001 and seven and five-tenths percent (7.5%) of Idaho tax- 9 1 able income for taxable year 2002 and thereafter; provided, however, that the 2 tax shall not be less than twenty dollars ($20.00); provided further that the 3 twenty dollar ($20.00) minimum payment shall not be collected from nonproduc- 4 tive mining corporations. The tax imposed by this section shall not apply to 5 corporations taxed pursuant to the provisions of section 63-3025A, Idaho Code. 6 SECTION 8. That Section 63-3025A, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 63-3025A. FRANCHISE TAX. For taxable years commencing on and after Janu- 9 ary 1,19872001, a franchise tax shall be imposed upon any corporation for 10 the privilege of exercising its corporate franchise within the state during 11 such taxable year,including, but not limited to, corporations engaged in 12 business in Idaho for the exclusive purpose of performing contracts with the 13 United States department of energy at the Idaho national engineering and envi- 14 ronmental laboratory, which tax shall be measured by income which is attribut- 15 able to this state under the provisions of this chapter and which tax shall be 16equal to eight percent (8%) of Idaho taxable incomeat the rate provided in 17 section 63-3025, Idaho Code; provided, however, that the tax shall not be less 18 than twenty dollars ($20.00); provided further that the twenty dollar ($20.00) 19 minimum payment shall not be collected from nonproductive mining corporations; 20 but the twenty dollar ($20.00) minimum tax shall apply to corporations quali- 21 fied to file returns and actually filing returns under the provisions of sub- 22 chapter "S" of the Internal Revenue Code. 23 SECTION 9. That Section 63-3025D, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 63-3025D. PAYMENT FOR DEPENDENTS SIXTY-FIVE YEARS OF AGE OR OLDER OR PER- 26 SONS WITH DEVELOPMENTAL DISABILITIES. (1) In lieu of the deduction from tax- 27 able income allowed by section 63-3022E, Idaho Code, a resident individual who 28 maintains a household, which includes as an immediate member of the family 29 residing in that household, one (1) or more individuals sixty-five (65) years 30 of age or older or individuals with developmental disabilities, as defined in 31 subsection (5) of section 66-402, Idaho Code, each of whom receives more than 32 one-half (1/2) of his or her support for the year from the individual who 33 maintains the household, shall be entitled to a payment from the refund 34 account ofonefive hundred dollars ($1500) for each such elderly member of 35 the family or family member with a developmental disability. Any such payment 36 shall be paid to such individual only upon his making application therefor at 37 such time and in such manner as may be prescribed by the state tax commission. 38 (2) No more than three (3) such payments shall be made under the provi- 39 sions of this section to any one (1) individual in any calendar year. 40 (3) No payment may be claimed under the provisions of this section by the 41 individual himself except as set forth in subsection (4) of this section. 42 (4) A credit ofonefive hundred dollars ($1500) shall be allowed under 43 this section for a person with a developmental disability as defined in sub- 44 section (5) of section 66-402, Idaho Code, who is filing his own tax return. 45 SECTION 10. That Section 63-3029B, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 63-3029B. INCOME TAX CREDIT FOR CAPITAL INVESTMENT. (1) At the election 48 of the taxpayer there shall be allowed, subject to the applicable limitations 49 provided herein as a credit against the income tax imposed by chapter 30, 10 1 title 63, Idaho Code, an amount equal to the sum of: 2 (a) The tax credit carryovers; and 3 (b) The tax credit for the taxable year. 4 (2) The maximum allowable amount of the credit for the current taxable 5 year shall be three percent (3%) of the amount of qualified investments made 6 during the taxable year. 7 (3) As used in this section "qualified investment" means certain depre- 8 ciable property which: 9 (a) (i) Is eligible for the federal investment tax credit, as defined in 10 sections 46(c) and 48 of the Internal Revenue Code subject to the 11 limitations provided for certain regulated companies in section 46(f) 12 of the Internal Revenue Code and is not a motor vehicle under eight 13 thousand (8,000) pounds gross weight; or 14 (ii) Is qualified broadband equipment as defined in section 63-3029I, 15 Idaho Code; and 16 (b) Is acquired, constructed, reconstructed, erected or placed into ser- 17 vice after December 31, 1981; and 18 (c) Has a situs in Idaho. 19 (4) Notwithstanding the provisions of subsections (1) and (2) of this 20 section, the amount of the credit allowed shall not exceed fifty percent (50%) 21 of the tax liability of the taxpayer. 22 (5) If the sum of credit carryovers from the credit allowed by subsection 23 (2) of this section and the amount of credit for the taxable year from the 24 credit allowed by subsection (2) of this section exceed the limitation imposed 25 by subsection (4) of this section for the current taxable year, the excess 26 attributable to the current taxable year's credit shall be an investment 27 credit carryover to the fourteen (14) succeeding taxable years. In the case of 28 a group of corporations filing a combined report under section 63-3027, Idaho 29 Code, or sections 63-3027B through 63-3027E, Idaho Code, credit earned by one 30 (1) member of the group but not used by that member may be used by another 31 member of the group, subject to the provisions of subsection (4) of this sec- 32 tion, instead of carried over. The entire amount of unused credit shall be 33 carried forward to the earliest of the succeeding years, wherein the oldest 34 available unused credit shall be used first, so long as the qualified invest- 35 ment property for which the unused credit was granted still maintains Idaho 36 situs. For a combined group of corporations, credit carried forward may be 37 claimed by any member of the group unless the member who earned the credit is 38 no longer included in the combined group. 39 (6) Any recapture of the credit allowed by subsection (2) of this section 40 on property disposed of or ceasing to qualify, prior to the close ofits use-41ful lifethe recapture period, shall be determined according to the applicable 42 recapture provisions of the Internal Revenue Code. In the case of a unitary 43 group of corporations, the increase in tax due to the recapture of investment 44 tax credit must be reported by the member of the group who earned the credit 45 regardless of which member claimed the credit against tax. 46 (7) For the purpose of determining whether property placed in service is 47 a "qualified investment" as defined in subsection (3) of this section, the 48 provisions of section 49 of the Internal Revenue Code shall be disregarded. 49 (8) For purposes of this section, property has a situs in Idaho during a 50 taxable year if it is used in Idaho at any time during the taxable year. Prop- 51 erty not used in Idaho during a taxable year does not have a situs in Idaho in 52 the taxable year during which the property is not used in Idaho or in any sub- 53 sequent taxable year. No credit or carryover of credit is permitted under this 54 section if the credit or carryover relates to property that does not have a 55 situs in Idaho during the taxable year for which the credit or carryover is 11 1 claimed. The Idaho situs of property must be established by records maintained 2 by the taxpayer which are created reasonably contemporaneously with the use of 3 the property. 4 (9) In the case of property used both in and outside Idaho, the taxpayer, 5 electing to claim the credit provided in this section, must elect to compute 6 the qualified investment in property with a situs in Idaho for all such 7 investments first qualifying during that year in one (1), but only one (1), of 8 the following ways: 9 (a) The amount of each qualified investment in a specific asset shall be 10 separately computed based on the percentage of the actual use of the prop- 11 erty in Idaho by using a measure of the use, such as total miles or total 12 machine hours, that most accurately reflects the beneficial use during the 13 taxable year in which it is first acquired, constructed, reconstructed, 14 erected or placed into service; provided, that the asset is placed in ser- 15 vice more than ninety (90) days before the end of the taxable year. In the 16 case of assets acquired, constructed, reconstructed, erected or placed 17 into service within ninety (90) days prior to the end of the taxable year 18 in which the investment first qualifies, the measure of the use of that 19 asset within Idaho for that year shall be based upon the percentage of use 20 in Idaho during the first ninety (90) days of use of the asset; 21 (b) The investment in qualified property used both inside and outside 22 Idaho during the taxable year in which it is first acquired, constructed, 23 reconstructed, erected or placed into service shall be multiplied by the 24 percent of the investment that would be included in the numerator of the 25 Idaho property factor determined pursuant to section 63-3027, Idaho Code, 26 for the same year. 27 (10) Only for the purposes of subsections (3)(a) and (7) of this section, 28 references to sections of the "Internal Revenue Code" mean the sections 29 referred to as they existed in the Internal Revenue Code of 1986 prior to 30 November 5, 1990. 31 SECTION 11. That Section 63-3029E, Idaho Code, be, and the same is hereby 32 amended to read as follows: 33 63-3029E. DEFINITIONS -- CONSTRUCTION OF TERMS. As used in this section 34 and in section 63-3029F, Idaho Code: 35 (1) (a) "New employee" means a person from whom Idaho income tax has been 36 withheld, employed by the taxpayer,in a revenue-producing enterprise cre-37ating value-added natural resource products,and covered for unemployment 38 insurance purposes under chapter 13, title 72, Idaho Code, during the tax- 39 able year for which the credit allowed by section 63-3029F, Idaho Code, is 40 claimed. A person shall be deemed to be so engaged if such person performs 41 duties on: 42 (i) A regular full-time basis; or 43 (ii) A part-time basis if such person is customarily performing such 44 duties at least twenty (20) hours per week. 45 No credit shall be earned unless the new employee shall have performed 46 such duties for the taxpayer for a minimum of nine (9) months during the 47 taxable year for which the credit is claimed. 48 (b) The provisions of paragraph (a) of this subsection notwithstanding, 49 no credit shall be allowed for employment of persons by a taxpayer who 50 acquires a revenue-producing enterprise from another taxpayer or who oper- 51 ates in a place of business the same or a substantially identicalrevenue-52producing value-added natural resource products enterprisebusiness as 53 operated by another taxpayer within the prior twelve (12) months, except 12 1 as the prior taxpayer would have qualified under the provisions of para- 2 graph (c) of this subsection. Employees transferred from a related tax- 3 payer shall not be included in the computation of the credit. 4 (c) The number of employees during any taxable year for any taxpayer 5 shall be the mathematical average of the number of employees reported to 6 the Idaho department of labor for employment security purposes during the 7 twelve (12) months of the taxable year which qualified under paragraph (a) 8 of this subsection. In the event the business is in operation for less 9 than the entire taxable year, the number of employees of the business for 10 the year shall be the average number actually employed during the months 11 of operation, providing that the qualifications of paragraph (a) of this 12 subsection are met. 13 (2)"Revenue-producing enterprise" means the production, assembly, fabri-14cation, manufacture or processing of any natural resource product.15(3)"Same or a substantially identicalrevenue-producing enterprisebusi- 16 ness" means arevenue-producing enterprisebusiness in which the products pro- 17 duced or sold, or the activities conducted are the same in character and use 18 and are produced, sold or conducted in the same manner as, or for the same 19 types of customers as, the products or activities produced, sold or conducted 20 in anotherrevenue-producing enterprisebusiness. 21 SECTION 12. That Section 63-3029F, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 63-3029F. SPECIAL CREDIT AVAILABLE -- NEW EMPLOYEES. (1) Any taxpayer 24 shall be allowed a credit, in an amount determined under subsection (2) of 25 this section, against the tax imposed by this chapter, other than the tax 26 imposed by section 63-3082, Idaho Code, for any taxable year during which the 27 taxpayer's employment of new employees, as defined under section 63-3029E(1), 28 Idaho Code, increases above the taxpayer's average employment for either: (a) 29 the prior taxable year, or (b) the average of three (3) prior taxable years, 30 whichever is higher. No credit shall be allowed under this section unless the 31 number of new employees equals or exceeds one (1) person. 32 (2) The credit authorized in subsection (1) of this section shall be five 33 hundred dollars ($500) per new employee, but the total credit allowed shall 34 not exceed three and one-quarter percent (3.25%) of net income from the 35 taxpayer's corporate, proprietorship, partnership, small business corporation 36 or limited liability companyrevenue-producing enterprisebusiness in which 37 the employment occurred. Additionally, the total of this and all other credits 38 allowed under this chapter except for the credits allowed under sections 39 63-3024A, 63-3025D and 63-3029, Idaho Code, taken during any taxable year 40 shall not exceed forty-five percent (45%) of the tax otherwise imposed on the 41 taxpayer for the taxable year for which such credit is allowed. 42 (3) If the sum of the credit carryovers from the credit allowed by sub- 43 section (2) of this section and the amount of credit for the taxable year from 44 the credit allowed by subsection (2) of this section exceed the limitation 45 imposed by subsection (2) of this section for the current taxable year, the 46 excess attributable to the current taxable year's credit shall be a credit 47 carryover to the three (3) succeeding taxable years. The entire amount of 48 unused credit shall be carried forward to the earliest of the succeeding 49 years, wherein the oldest available unused credit shall be used first, so long 50 as the employment level for which the credit was granted is still maintained. 51 SECTION 13. That Chapter 30, Title 63, Idaho Code, be, and the same is 52 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 13 1 ignated as Section 63-3029G, Idaho Code, and to read as follows: 2 63-3029G. CREDITS FOR RESEARCH ACTIVITIES CONDUCTED IN THIS STATE -- 3 CARRY FORWARD. 4 (1) (a) Subject to the limitations of this section, for taxable years 5 beginning between January 1, 2001, and December 31, 2005, inclusive, there 6 shall be allowed to a taxpayer a nonrefundable credit against taxes 7 imposed by sections 63-3024, 63-3025 and 63-3025A, Idaho Code, for 8 increasing research activities in Idaho during any consecutive five (5) 9 year period beginning, at the election of the taxpayer, either: 10 (i) January 1, 2001, or 11 (ii) The first day of the taxpayer's taxable year beginning in 2001. 12 (b) The credit allowed by subsection (1)(a) of this section shall be the 13 sum of: 14 (i) Five percent (5%) of the excess of qualified research payments 15 for research conducted in Idaho over the base amount; and 16 (ii) Five percent (5%) basic research payments allowable under sub- 17 section (e) of section 41 of the Internal Revenue Code for basic 18 research conducted in Idaho. 19 (c) Subject to the limitation in subsection (3) of this section, a tax- 20 payer making the election permitted by subsection (1)(a)(i) of this sec- 21 tion, credit for research activities occurring prior to the beginning of 22 the taxpayer's taxable year beginning in 2001 shall be claimed on the 23 taxpayer's return for its taxable year 2001 in addition to credit relating 24 to activity in that year. 25 (2) As used in this section: 26 (a) The terms "qualified research payments," "qualified research," "basic 27 research payments" and "basic research" shall be as defined in section 41 28 of the Internal Revenue Code except that the research must be conducted in 29 Idaho. 30 (b) The term "base amount" shall mean an amount calculated as provided in 31 sections 41(c) and 41(h) of the Internal Revenue Code, except that: 32 (i) The base amount does not include the calculation of the alter- 33 native incremental credit provided for in section 41(c)(4) of the 34 Internal Revenue Code; 35 (ii) A taxpayer's gross receipts include only those gross receipts 36 attributable to sources within this state as provided in subsections 37 (q) and (r) of section 63-3027, Idaho Code; and 38 (iii) Notwithstanding section 41(c) of the Internal Revenue Code, for 39 purposes of calculating the base amount, a taxpayer: 40 (A) May elect to be treated as a start-up company as provided 41 in section 41(c)(3)(B) of the Internal Revenue Code, regardless 42 of whether the taxpayer meets the requirements of section 43 41(c)(3)(B)(i)(I) or (II) of the Internal Revenue Code; and 44 (B) May not revoke an election to be treated as a start-up com- 45 pany. 46 (3) The credit allowed by subsection (1)(a) of this section together with 47 any credits carried forward under subsection (5) of this section shall not 48 exceed the amount of tax due under sections 63-3024, 63-3025 and 63-3025A, 49 Idaho Code, after allowance for all other credits permitted by this chapter. 50 When credits earned in more than one (1) taxable year are available, the old- 51 est credits shall be applied first. 52 (4) In the case of a group of corporations filing a combined report under 53 subsection (t) of section 63-3027, Idaho Code, credit earned by one (1) member 54 of the group but not used by that member may be used by another member of the 14 1 group. For a combined group of corporations, any member of the group may claim 2 credit carried forward unless the member who earned the credit is no longer 3 included in the combined group. 4 (5) The credit allowed by subsection (1)(a) of this section shall be 5 claimed for the taxable year during which the taxpayer qualifies for the 6 credit. If the credit exceeds the limitation under subsection (3) of this sec- 7 tion, the excess amount may be carried forward for a period that does not 8 exceed the next fourteen (14) taxable years. 9 (6) In addition to other needed rules, the state tax commission may pro- 10 mulgate rules prescribing, in the case of S corporations, partnerships, trusts 11 or estates, a method of attributing the credit under this section to the 12 shareholders, partners or beneficiaries in proportion to their share of the 13 income from the S corporation, partnership, trust or estate. 14 SECTION 14. That Section 63-3029H, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 63-3029HP. PRIORITY OF CREDITS. When a taxpayer subject to any taxes 17 imposed under this chapter is entitled to two (2) or more credits against such 18 taxes, the priority of credits shall be determined in the following order: 19 (a) Nonrefundable credits. Nonrefundable credits shall be applied to the 20 tax liability before application of refundable credits. If a taxpayer is enti- 21 tled to more than one (1) nonrefundable credit, the credits shall be applied 22 in the order in which the statutes authorizing the credits were enacted by the 23 legislature. 24 (b) Refundable credits. Refundable credits shall be applied to the tax 25 liability after application of any nonrefundable credits. 26 SECTION 15. That Chapter 30, Title 63, Idaho Code, be, and the same is 27 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 28 ignated as Section 63-3029H, Idaho Code, and to read as follows: 29 63-3029H. CREDIT FOR HOUSEHOLD AND DEPENDENT CARE SERVICES NECESSARY FOR 30 GAINFUL EMPLOYMENT. (1) A resident individual who is entitled, for federal 31 income tax purposes, to claim and who does claim the credit provided by sec- 32 tion 21 of the Internal Revenue Code shall be entitled to a nonrefundable 33 credit against taxes imposed by section 63-3024, Idaho Code, equal to one-half 34 (1/2) of the credit allowable on that taxpayer's federal return for the same 35 taxable year. 36 (2) A nonresident or part-year resident individual who is entitled, for 37 federal income tax purposes, to claim and who does claim the credit provided 38 by section 21 of the Internal Revenue Code shall be entitled to a proportional 39 part of the credit otherwise provided in subsection (1) of this section. The 40 proportion shall be determined in accordance with the provisions of section 41 63-3026A(6), Idaho Code. 42 (3) The credit allowed by this section shall not exceed the total amount 43 of taxes due under section 63-3024, Idaho Code, after allowance of all other 44 credits provided in this chapter. 45 SECTION 16. That Chapter 30, Title 63, Idaho Code, be, and the same is 46 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 47 ignated as Section 63-3029I, Idaho Code, and to read as follows: 48 63-3029I. INCOME TAX CREDIT FOR INVESTMENT IN BROADBAND EQUIPMENT. (1) 49 Subject to the limitations of this section, for taxable years beginning 15 1 between January 1, 2001, and December 31, 2005, inclusive, there shall be 2 allowed to a taxpayer a nonrefundable credit against taxes imposed by sections 3 63-3024, 63-3025 and 63-3025A, Idaho Code, for qualified expenditures in qual- 4 ified broadband equipment in Idaho. 5 (2) The credit permitted in subsection (1) of this section shall be three 6 percent (3%) of the qualified investment in qualified broadband equipment in 7 Idaho and shall be in addition to the credit for capital investment permitted 8 by section 63-3029B, Idaho Code. 9 (3) As used in this section the term: 10 (a) "Qualified investment" shall be as defined in section 63-3029B, Idaho 11 Code. 12 (b) "Qualified broadband equipment" means equipment that qualifies for 13 the credit for capital investment permitted by section 63-3029B, Idaho 14 Code, and is capable of transmitting signals at a rate of at least two 15 hundred thousand (200,000) bits per second to a subscriber and at least 16 one hundred twenty-five thousand (125,000) bits per second from a sub- 17 scriber, and 18 (i) In the case of a telecommunications carrier, such qualifying 19 equipment shall be necessary to the provision of broadband service 20 and an integral part of a broadband network. "Telecommunications car- 21 rier" has the meaning given such term by section 3(44) of the commu- 22 nications act of 1934, as amended, but does not include a commercial 23 mobile service provider. 24 (ii) In the case of a commercial mobile service carrier, such quali- 25 fying equipment shall extend from the subscriber side of the mobile 26 telecommunications switching office to a transmitting/receiving 27 antenna, including such antenna, on the outside of the structure in 28 which the subscriber is located. "Commercial mobile service carrier" 29 means any person authorized to provide commercial mobile radio ser- 30 vice to subscribers as defined in section 20.3 of title 47, Code of 31 Federal Regulations (10-1-99 ed.), as amended. 32 (iii) In the case of a cable or open video system operator, such 33 qualifying equipment shall extend from the subscriber's side of the 34 headend to the outside of the structure in which the subscriber is 35 located. The terms "cable operator" and "open video system operator" 36 have the meanings given such terms by sections 602(5) and 653, 37 respectively, of the communications act of 1934, as amended. 38 (iv) In the case of a satellite carrier or a wireless carrier other 39 than listed above, such qualifying equipment is only that equipment 40 that extends from a transmitting/receiving antenna, including such 41 antenna, which transmits and receives signals to or from multiple 42 subscribers to a transmitting/receiving antenna on the outside of the 43 structure in which the subscriber is located. "Satellite carrier" 44 means any person using the facilities of a satellite or satellite 45 services licensed by the federal communications commission and oper- 46 ating a fixed-satellite service or direct broadcast satellite ser- 47 vices to provide point-to-multipoint distribution of signals. "Other 48 wireless carrier" means any person, other than a telecommunications 49 carrier, commercial mobile service carrier, cable operator, open 50 video operator, or satellite carrier, providing broadband services to 51 subscribers through the radio transmission of energy. 52 (v) In the case of packet switching equipment, such packet equip- 53 ment installed in connection with other qualifying equipment listed 54 in subsections (2)(b)(i) through (2)(b)(iv) of this section, provided 55 it is the last in a series of equipment that transmits signals to a 16 1 subscriber or the first in a series of equipment that transmits sig- 2 nals from a subscriber. "Packet switching" means controlling or 3 routing the path of a digital transmission signal which is assembled 4 into packets or cells. 5 (vi) In the case of multiplexing and demultiplexing equipment, such 6 equipment only to the extent that it is deployed in connection with 7 providing broadband services in locations between packet switching 8 equipment and the structure in which the subscriber is located. 9 "Multiplexing" means the transmission of two (2) or more signals over 10 a communications circuit without regard to the communications tech- 11 nology. 12 (vii) Any property not primarily used to provide services in Idaho to 13 public subscribers is not qualified broadband equipment. 14 (3) No equipment described in subsections (2)(b)(i) through (2)(b)(vi) of 15 this section shall qualify for the credit provided in subsection (1) of this 16 section until the taxpayer applies to and obtains from the Idaho public utili- 17 ties commission an order confirming that the installed equipment is qualified 18 broadband equipment. Applications submitted to the commission shall be gov- 19 erned by the commission's rules of procedure. The commission may issue proce- 20 dural orders necessary to implement this section. 21 (4) The credit allowed by subsection (1) of this section together with 22 any credits carried forward under subsection (6) of this section shall not, in 23 any one (1) taxable year, exceed the lesser of: 24 (a) The amount of tax due under sections 63-3024, 63-3025 and 63-3025A, 25 Idaho Code, after allowance for all other credits permitted by this chap- 26 ter; or 27 (b) Seven hundred fifty thousand dollars ($750,000). 28 When credits earned in more than one (1) taxable year are available, the old- 29 est credits shall be applied first. 30 (5) In the case of a group of corporations filing a combined report under 31 subsection (t) of section 63-3027, Idaho Code, credit earned by one (1) member 32 of the group but not used by that member may be used by another member of the 33 group, subject to the provisions of subsection (6) of this section, instead of 34 carried over. For a combined group of corporations, credit carried forward may 35 be claimed by any member of the group unless the member who earned the credit 36 is no longer included in the combined group. 37 (6) If the credit allowed by subsection (1) of this section exceeds the 38 limitation under subsection (4) of this section, the excess amount may be car- 39 ried forward for a period that does not exceed the next fourteen (14) taxable 40 years. 41 (7) In the event that qualified broadband equipment upon which the credit 42 allowed by this section has been used ceases to qualify for the credit allowed 43 by section 63-3029B, Idaho Code, or is subject to recapture of that credit, 44 the recapture of credit under this section shall be in the same proportion and 45 subject to the same provisions as the amount of credit required to be recap- 46 tured under section 63-3029B, Idaho Code. 47 (8) (a) Subject to the requirements of this subsection, a taxpayer enti- 48 tled to the credit or to an unused portion of the credit allowed by this 49 section may transfer the unused credit to another taxpayer required to 50 file a return under this chapter. 51 (b) Before completing a transfer under this subsection, the transferor 52 shall notify the state tax commission of its intention to transfer the 53 credit and the identity of the transferee. The state tax commission shall 54 provide the transferor with a written statement of the amount of credit 55 available under this section as then appearing in the commission's records 17 1 and the number of years the credit may be carried over. The transferee 2 shall attach a copy of the statement to any return in regard to which the 3 transferred credit is claimed. 4 (c) In the event that after the transfer the state tax commission deter- 5 mines that the amount of credit properly available under this section is 6 less than the amount claimed by the transferor of the credit or that the 7 credit is subject to recapture, the commission shall assess the amount of 8 overstated or recaptured credit as taxes due from the transferor and not 9 the transferee. The assessment shall be made in the manner provided for a 10 deficiency in taxes under this chapter. 11 (9) In addition to other needed rules, the state tax commission may pro- 12 mulgate rules prescribing, in the case of S corporations, partnerships, trusts 13 or estates, a method of attributing the credit under this section to the 14 shareholders, partners or beneficiaries in proportion to their share of the 15 income from the S corporation, partnership, trust or estate. 16 SECTION 17. That Chapter 30, Title 63, Idaho Code, be, and the same is 17 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 18 ignated as Section 63-3029J, Idaho Code, and to read as follows: 19 63-3029J. INCENTIVE INCOME TAX INVESTMENT CREDIT. (1) Subject to the lim- 20 itations of this section, for taxable years beginning between January 1, 2001, 21 and December 31, 2005, inclusive, there shall be allowed to a taxpayer a non- 22 refundable credit against taxes imposed by sections 63-3024, 63-3025 and 23 63-3025A, Idaho Code, in the amount allowed by subsection (2) of this section 24 for qualified investments in Idaho. The credit shall be in addition to the 25 credit for capital investment permitted by section 63-3029B, Idaho Code. 26 (2) The credit permitted in subsection (1) of this section shall be at 27 the percentage rate determined under either subsection (2)(a) or (2)(b) of 28 this section at the election of the taxpayer. 29 (a) (i) One-half (1/2) of the amount by which the average three-year 30 unemployment rate in the county in which the property is located 31 exceeds six percent (6%). In the case of mobile property, the prop- 32 erty shall be located in the county in which it is primarily based. 33 (ii) For purposes of this section the director of the department of 34 labor shall, on or before the first day of September of each calendar 35 year, establish and certify to the state tax commission the average 36 three-year unemployment rate in each county in Idaho for the immedi- 37 ately preceding three (3) calendar years. The rates thus certified 38 shall apply to the calculation of the credit under subsection 39 (2)(a)(i) of this section for property qualifying in the taxable year 40 beginning during the next calendar year. 41 (b) (i) One-tenth of one percent (.1%) for each full percent that the 42 three-year average per capita personal income level in the county in 43 which the property is located is below ninety percent (90%) of the 44 average statewide per capita personal income level. 45 (ii) For purposes of this section the director of the department of 46 commerce shall, on or before the first day of September of each cal- 47 endar year, establish and certify to the state tax commission the 48 most current three-year average per capita personal income level in 49 each county in Idaho and the statewide per capita personal income 50 level for the most current preceding three (3) calendar years. The 51 levels thus certified shall apply to the calculation of the credit 52 under subsection (2)(b)(i) of this section for property qualifying in 53 the taxable year beginning during the next calendar year. 18 1 (3) As used in this section the term "qualified investment" shall be 2 defined as in section 63-3029B, Idaho Code. 3 (4) The credit allowed by subsection (1) of this section together with 4 any credits carried forward under subsection (6) of this section shall not 5 exceed in any one (1) taxable year the lesser of: 6 (a) The amount of tax due under sections 63-3024, 63-3025 and 63-3025A, 7 Idaho Code, after allowance for all other credits permitted by this chap- 8 ter; or 9 (b) Five hundred thousand dollars ($500,000). 10 (c) When credits earned in more than one (1) taxable year are available, 11 the oldest credits shall be applied first. 12 (5) In the case of a group of corporations filing a combined report under 13 subsection (t) of section 63-3027, Idaho Code, credit earned by one (1) member 14 of the group but not used by that member may be used by another member of the 15 group, subject to the provisions of subsection (6) of this section, instead of 16 carried over. For a combined group of corporations, credit carried forward may 17 be claimed by any member of the group unless the member who earned the credit 18 is no longer included in the combined group. 19 (6) If the credit allowed by subsection (1) of this section exceeds the 20 limitation under subsection (4) of this section, the excess amount may be car- 21 ried forward for a period that does not exceed the next fourteen (14) taxable 22 years. 23 (7) In the event that property upon which the credit allowed by this sec- 24 tion has been used ceases to qualify for the credit allowed by section 25 63-3029B, Idaho Code, the recapture of credit under this section shall be in 26 the same proportion and subject to the same provisions as the amount of credit 27 required to be recaptured under section 63-3029B, Idaho Code. 28 (8) (a) Subject to the requirements of this subsection, a taxpayer enti- 29 tled to the credit or to an unused portion of the credit allowed by this 30 section may transfer the unused credit to another taxpayer required to 31 file a return under this chapter. 32 (b) Before completing a transfer under this subsection, the transferor 33 shall notify the state tax commission of its intention to transfer the 34 credit and the identity of the transferee. The state tax commission shall 35 provide the transferor with a written statement of the amount of credit 36 available under this section as then appearing in the commission's records 37 and the number of years the credit may be carried over. The transferor 38 shall provide the transferee with the original statement. The transferee 39 shall attach a copy of the statement to any return in regard to which the 40 transferred credit is claimed. 41 (c) In the event that after the transfer the state tax commission deter- 42 mines that the amount of credit properly available under this section is 43 less than the amount claimed by the transferor of the credit and shown in 44 the statement described in subsection (8)(b) of this section or that the 45 credit is subject to recapture, the commission shall assess the amount of 46 overstated credit as taxes due from the transferor and not the transferee. 47 The assessment shall be made in the manner provided for a deficiency in 48 taxes under this chapter. 49 (9) In addition to other needed rules, the state tax commission may pro- 50 mulgate rules prescribing: 51 (a) In the case of S corporations, partnerships, trusts or estates, a 52 method of attributing the credit under this section to the shareholders, 53 partners or beneficiaries in proportion to their share of the income from 54 the S corporation, partnership, trust or estate. 55 (b) A requirement that a transferor under subsection (8) of this section, 19 1 prior to obtaining the written statement provided in subsection (8)(b) of 2 this section, post such bond or security as the state tax commission may 3 require to secure any liability referred to in subsection (8)(c) of this 4 section. Such rules shall provide an opportunity for a taxpayer, upon a 5 showing of financial responsibility, to have the bond waiver, for notice 6 of denial of waiver in accordance with section 63-3045, Idaho Code, and 7 for review in accordance with section 63-3045B, Idaho Code. 8 SECTION 18. That Chapter 30, Title 63, Idaho Code, be, and the same is 9 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 10 ignated as Section 63-3029K, Idaho Code, and to read as follows: 11 63-3029K. VENTURE CAPITAL INCOME TAX INVESTMENT CREDIT. (1) Subject to 12 the limitations of this section, for taxable years beginning between January 13 1, 2001, and December 31, 2005, inclusive, there shall be allowed to a tax- 14 payer a nonrefundable credit against taxes imposed by sections 63-3024, 15 63-3025 and 63-3025A, Idaho Code, in the amount allowed by subsection (2) of 16 this section for investments described in subsection (2) of this section made 17 in Idaho. The credit shall be in addition to the credit for capital invest- 18 ment permitted by section 63-3029B, Idaho Code. 19 (2) The credit permitted in subsection (1) of this section shall be ten 20 percent (10%) of the taxpayer's investment made during the taxable year in an 21 Idaho private venture capital company. 22 (3) As used in this section: 23 (a) Definition. "Idaho private venture capital company" means a corpora- 24 tion, limited liability company, partnership or other entity, with its 25 principal place of business located within Idaho which meets the following 26 criteria: 27 (i) Committed capitalization of not less than five million dollars 28 ($5,000,000) and contributed capital of not less than twenty-five 29 percent (25%) of its committed capitalization; 30 (ii) Having a purpose and objective of making at least fifty percent 31 (50%) of its venture or risk capital available to business enter- 32 prises that are headquartered and managed in Idaho and whose primary 33 business activities are reasonably expected to establish or expand 34 the development of business and industry within Idaho; and 35 (iii) Investment of not more than twenty-five percent (25%) of its 36 committed funds in any one (1) company. 37 (b) Certification. An entity shall not qualify as an Idaho private ven- 38 ture capital company until the company applies to and obtains from the 39 director of the Idaho department of finance, hereafter referred to as 40 "director," a certificate confirming that it meets the criteria of this 41 section. Applications submitted to the director shall contain such infor- 42 mation relating to the applicant as the director shall require, and a fee 43 as set by the director in an amount not to exceed five hundred dollars 44 ($500). Unless the Idaho private venture capital company is decertified as 45 described in subsection (3)(f) of this section, a copy of the certifica- 46 tion shall be provided by the Idaho private venture capital company to the 47 investor seeking the credit allowed by this section who shall attach a 48 copy to the original return on which the credit is claimed. 49 (c) Requirements to maintain certification. To continue in certifica- 50 tion, an Idaho private venture capital company shall: 51 (i) Invest at least thirty percent (30%) of its original capital- 52 ization at the end of the initial three (3) years in such a manner as 53 to acquire equity in the ventures in which the investments are made; 20 1 (ii) Have invested at least fifty percent (50%) in the same manner 2 at the end of five (5) years; 3 (iii) At the time of an initial investment, have no investor or com- 4 bination of investors in that Idaho private venture capital company 5 who own a controlling equity interest in a business in which the ven- 6 ture capital company is investing; 7 (iv) Not invest funds for use by an Idaho business for oil and gas 8 exploration and development, for real estate development or apprecia- 9 tion, or for banking or lending operations. Any investment by an 10 Idaho private venture capital company in any of these sectors shall 11 not be counted as equity investments for the purpose of continuing 12 certification under this section; 13 (v) Meet such books and records or other requirements as the direc- 14 tor may, by rule or order, direct; and 15 (vi) Pay an annual renewal fee in an amount set by the director not 16 to exceed five hundred dollars ($500). 17 (d) Reporting requirements. Each certified Idaho private venture capital 18 company shall report to the director on an annual basis such information 19 as the director requires to be submitted to maintain certification. As a 20 part of such information, each Idaho private venture capital company shall 21 report the name, address and taxpayer identification number of each inves- 22 tor who has invested in such company, the amounts invested by each such 23 investor and the companies in which the Idaho private venture capital com- 24 pany has invested. The director shall provide the information contained in 25 this subsection to the state tax commission on an annual basis. 26 (e) Compliance examinations. All the records of a certified Idaho private 27 venture capital company are subject at any time to such reasonable peri- 28 odic, special or other examinations by representatives of the director, as 29 the director deems necessary or appropriate in the public interest. The 30 director, or his designee, may examine under oath any of the officers, 31 directors, agents, employees, or investors of an Idaho private venture 32 capital company regarding the affairs and business of the company. The 33 director may administer oaths, subpoena witnesses, require the production 34 of any books, papers, correspondence, or other documents or records which 35 the director deems relevant or material to the inquiry. In the case of 36 refusal to obey a subpoena issued to a person, any court of competent 37 jurisdiction, upon application of the director, may issue to that person 38 an order requiring him to appear before the director or the officer desig- 39 nated by him, there to produce documentary evidence if so ordered or to 40 give evidence relating to the matter under inquiry. Any failure to obey 41 such order of the court may be punished by the court as contempt of court. 42 (f) Decertification. If the director determines that a certified Idaho 43 private venture capital company is not in substantial compliance with the 44 requirements for continuing certification or is in violation of any other 45 provision of this act, the director shall, by written notice, inform the 46 officers of the company and the board of directors or partners that they 47 will be decertified in one hundred twenty (120) days from the date of 48 mailing of the notice unless they correct the deficiencies and are once 49 again in compliance with the requirements for certification. At the end 50 of the one hundred twenty (120) day period, if the Idaho private venture 51 capital company is still not in substantial compliance, the director shall 52 send a notice of decertification to the company and to the state tax com- 53 mission. 54 (g) Liability disclaimed. The state of Idaho, the department of finance 55 and its employees and agents may not be held civilly or criminally liable 21 1 or liable upon their official bonds to any person including, but not lim- 2 ited to, investors, Idaho private venture capital companies, and appli- 3 cants to become an Idaho private venture capital company, for action taken 4 under this section or for any failure to act under it. 5 (h) To facilitate furtherance of the purposes of this section with other 6 state and federal programs including, but not limited to, small business 7 investment companies and business and industrial development companies, 8 the director shall have authority to waive any provision of this subsec- 9 tion (3) which for good cause shown, he deems appropriate and in the pub- 10 lic interest. 11 (i) The director may promulgate rules or issue orders as necessary to 12 implement this section. 13 (j) Documents and other materials submitted by Idaho private venture cap- 14 ital companies or by Idaho businesses pursuant to this subsection shall be 15 exempt from public disclosure. 16 (4) The credit allowed by subsection (1) of this section together with 17 any credits carried forward under subsection (6) of this section shall not 18 exceed in any one (1) taxable year either: 19 (a) Fifty percent (50%) of the amount of tax due under sections 63-3024, 20 63-3025 and 63-3025A, Idaho Code, after allowance for all other credits 21 permitted by this chapter; or 22 (b) One hundred fifty thousand dollars ($150,000). 23 (5) In the case of a group of corporations filing a combined report under 24 subsection (t) of section 63-3027, Idaho Code, credit earned by one (1) member 25 of the group but not used by that member may be used by another member of the 26 group, subject to the provisions of subsection (6) of this section, instead of 27 carried over. For a combined group of corporations, credit carried forward may 28 be claimed by any member of the group unless the member who earned the credit 29 is no longer included in the combined group. 30 (6) If the credit allowed by subsection (1) of this section exceeds the 31 limitation under subsection (4) of this section the excess amount may be car- 32 ried forward for a period that does not exceed the next fourteen (14) taxable 33 years. When credits earned in more than one (1) taxable year are available, 34 the oldest credits shall be applied first. 35 (7) In the event that the company in which the investment was made ceases 36 to qualify as an Idaho private venture capital company before the expiration 37 of the carryover period provided in subsection (6) of this section, the por- 38 tion of the credit equal to the portion of the carryover period during which 39 the company did not so qualify shall be subject to recapture. The recapture 40 must be reported on the income tax return of the taxpayer who earned the 41 credit subject to the requirements for amounts recaptured under section 42 63-3029B, Idaho Code. 43 (8) (a) Subject to the requirements of this subsection, a taxpayer enti- 44 tled to the credit or to an unused portion of the credit allowed by this 45 section may transfer the unused credit to another taxpayer required to 46 file a return under this chapter. 47 (b) Before completing a transfer under this subsection, the transferor 48 shall notify the state tax commission of its intention to transfer the 49 credit and the identity of the transferee. The state tax commission shall 50 provide the transferor with a written statement of the amount of credit 51 available under this section as then appearing in the commission's records 52 and the number of years the credit may be carried over. The transferor 53 shall provide the transferee with the original statement. The transferee 54 shall attach a copy of the statement to any return in regard to which the 55 transferred credit is claimed. 22 1 (c) In the event that after the transfer the state tax commission deter- 2 mines that the amount of credit properly available under this section is 3 less than the amount claimed by the transferor of the credit and shown in 4 the statement described in subsection (8)(b) of this section, the commis- 5 sion shall assess the amount of overstated credit as taxes due from the 6 transferor and not the transferee. The assessment shall be made in the 7 manner provided for a deficiency in taxes under this chapter. 8 (9) In addition to other needed rules, the state tax commission may pro- 9 mulgate rules prescribing: 10 (a) In the case of S corporations, partnerships, trusts or estates, a 11 method of attributing the credit under this section to the shareholders, 12 partners or beneficiaries in proportion to their share of the income from 13 the S corporation, partnership, trust or estate. 14 (b) A requirement that a transferor under subsection (8) of this section, 15 prior to obtaining the written statement provided in subsection (8)(b) of 16 this section, post such bond or security as the state tax commission may 17 require to secure any liability referred to in subsection (8)(c) of this 18 section. Such rule shall provide an opportunity for a taxpayer, upon a 19 showing of financial responsibility, to have the bond waiver, for notice 20 of denial of waiver in accordance with section 63-3045, Idaho Code, and 21 for review in accordance with section 63-3045B, Idaho Code. 22 SECTION 19. That Sections 63-3029E and 63-3029F, Idaho Code, be, and the 23 same are hereby repealed. 24 SECTION 20. That Chapter 30, Title 63, Idaho Code, be, and the same is 25 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 26 ignated as Section 63-3029E, Idaho Code, and to read as follows: 27 63-3029E. DEFINITIONS -- CONSTRUCTION OF TERMS. As used in this section 28 and in section 63-3029F, Idaho Code: 29 (1) (a) "New employee" means a person from whom Idaho income tax has 30 been withheld, employed by the taxpayer in a revenue-producing enterprise 31 creating value-added natural resource products, and covered for unemploy- 32 ment insurance purposes under chapter 13, title 72, Idaho Code, during the 33 taxable year for which the credit allowed by section 63-3029F, Idaho Code, 34 is claimed. A person shall be deemed to be so engaged if such person per- 35 forms duties on: 36 (i) A regular full-time basis; or 37 (ii) A part-time basis if such person is customarily performing such 38 duties at least twenty (20) hours per week. 39 No credit shall be earned unless the new employee shall have performed 40 such duties for the taxpayer for a minimum of nine (9) months during the 41 taxable year for which the credit is claimed. 42 (b) The provisions of paragraph (a) of this subsection notwithstanding, 43 no credit shall be allowed for employment of persons by a taxpayer who 44 acquires a revenue-producing enterprise from another taxpayer or who oper- 45 ates in a place of business the same or a substantially identical revenue- 46 producing value-added natural resource products enterprise as operated by 47 another taxpayer within the prior twelve (12) months, except as the prior 48 taxpayer would have qualified under the provisions of paragraph (c) of 49 this subsection. Employees transferred from a related taxpayer shall not 50 be included in the computation of the credit. 51 (c) The number of employees during any taxable year for any taxpayer 52 shall be the mathematical average of the number of employees reported to 23 1 the Idaho department of labor for employment security purposes during the 2 twelve (12) months of the taxable year which qualified under paragraph (a) 3 of this subsection. In the event the business is in operation for less 4 than the entire taxable year, the number of employees of the business for 5 the year shall be the average number actually employed during the months 6 of operation, providing that the qualifications of paragraph (a) of this 7 subsection are met. 8 (2) "Revenue-producing enterprise" means the production, assembly, fabri- 9 cation, manufacture or processing of any natural resource product. 10 (3) "Same or a substantially identical revenue-producing enterprise" 11 means a revenue-producing enterprise in which the products produced or sold, 12 or the activities conducted are the same in character and use and are pro- 13 duced, sold or conducted in the same manner as, or for the same types of cus- 14 tomers as, the products or activities produced, sold or conducted in another 15 revenue-producing enterprise. 16 SECTION 21. That Chapter 30, Title 63, Idaho Code, be, and the same is 17 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 18 ignated as Section 63-3029F, Idaho Code, and to read as follows: 19 63-3029F. SPECIAL CREDIT AVAILABLE -- NEW EMPLOYEES. (1) Any taxpayer 20 shall be allowed a credit, in an amount determined under subsection (2) of 21 this section, against the tax imposed by this chapter, other than the tax 22 imposed by section 63-3082, Idaho Code, for any taxable year during which the 23 taxpayer's employment of new employees, as defined under section 63-3029E(1), 24 Idaho Code, increases above the taxpayer's average employment for either: (a) 25 the prior taxable year, or (b) the average of three (3) prior taxable years, 26 whichever is higher. No credit shall be allowed under this section unless the 27 number of new employees equals or exceeds one (1) person. 28 (2) The credit authorized in subsection (1) of this section shall be five 29 hundred dollars ($500) per new employee, but the total credit allowed shall 30 not exceed three and one-quarter percent (3.25%) of net income from the 31 taxpayer's corporate, proprietorship, partnership, small business corporation 32 or limited liability company revenue-producing enterprise in which the employ- 33 ment occurred. Additionally, the total of this and all other credits allowed 34 under this chapter except for the credits allowed under sections 63-3024A, 35 63-3025D and 63-3029, Idaho Code, taken during any taxable year shall not 36 exceed forty-five percent (45%) of the tax otherwise imposed on the taxpayer 37 for the taxable year for which such credit is allowed. 38 (3) If the sum of the credit carryovers from the credit allowed by sub- 39 section (2) of this section and the amount of credit for the taxable year from 40 the credit allowed by subsection (2) of this section exceed the limitation 41 imposed by subsection (2) of this section for the current taxable year, the 42 excess attributable to the current taxable year's credit shall be a credit 43 carryover to the three (3) succeeding taxable years. The entire amount of 44 unused credit shall be carried forward to the earliest of the succeeding 45 years, wherein the oldest available unused credit shall be used first, so long 46 as the employment level for which the credit was granted is still maintained. 47 SECTION 22. That Chapter 30, Title 63, Idaho Code, be, and the same is 48 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 49 ignated as Section 63-3022Q, Idaho Code, and to read as follows: 50 63-3022Q. DEDUCTION OF CAPITAL GAINS FOR QUALIFYING TAXPAYERS. (1) If a 51 qualifying taxpayer reports a net capital gain in determining taxable income, 24 1 one hundred percent (100%) of the net capital gain from the sale or exchange 2 of qualified property shall be a deduction in determining taxable income. 3 (2) The deduction provided in this section is limited to the amount of 4 the net capital gain from all property included in federal taxable income. Net 5 capital gains treated as ordinary income by the Internal Revenue Code do not 6 qualify for the deduction allowed in this section. The deduction otherwise 7 allowable under this section shall be reduced by the amount of any federal 8 capital gains deduction relating to such property, but not below zero (0). 9 (3) As used in this section "qualified property" means the following 10 property having an Idaho situs at the time of sale: 11 (a) Real property held at least eighteen (18) months; 12 (b) Tangible personal property used in Idaho for at least twelve (12) 13 months by a revenue-producing enterprise; 14 (c) Cattle or horses held for breeding, draft, dairy or sporting purposes 15 for at least twenty-four (24) months if more than one-half (1/2) of the 16 taxpayer's gross income, as defined in section 61(a) of the Internal Reve- 17 nue Code, for the taxable year is from farming or ranching operations in 18 Idaho; 19 (d) Breeding livestock other than cattle or horses held at least twelve 20 (12) months if more than one-half (1/2) of the taxpayer's gross income, as 21 defined in section 61(a) of the Internal Revenue Code, for the taxable 22 year is from farming or ranching operations in Idaho; 23 (e) Timber grown in Idaho and held at least twenty-four (24) months; 24 (f) An equity interest held by an Idaho private venture capital company 25 as defined in section 63-3029K, Idaho Code, including stock in a corpora- 26 tion, interest in a partnership or membership in a limited liability com- 27 pany, if: 28 (i) The Idaho private venture capital company or its investors have 29 held the equity interest for at least three (3) years; and 30 (ii) The equity interest is used by a business enterprise that is 31 headquartered and managed in Idaho whose business activity for the 32 entity's three (3) taxable years immediately preceding the sale is 33 entirely in Idaho or at least fifty percent (50%) in Idaho as deter- 34 mined by the average property and payroll factors under section 35 63-3027, Idaho Code. 36 (g) In determining the period for which property subject to this section 37 has been held by a qualifying taxpayer, the provisions of section 1223 of 38 the Internal Revenue Code shall apply, except that when the holding period 39 includes any period during which the qualifying taxpayer held property 40 other than the property sold, all property held during the holding period 41 must qualify under this section. 42 (4) If a qualifying taxpayer reports a capital gain from qualified prop- 43 erty from an S corporation or a partnership, a deduction shall be allowed 44 under this section only to the extent the qualifying taxpayer held his inter- 45 est in the income of the S corporation or the partnership for the time 46 required by subsection (3) of this section for the property sold. 47 (5) If a qualifying taxpayer reports a capital gain from an estate, no 48 deduction shall be allowed under this section unless the holding period 49 required in subsection (3) of this section was satisfied by the decedent, the 50 estate, or the beneficiary, or a combination thereof. 51 (6) If a qualifying taxpayer reports a capital gain from a trust, no 52 deduction shall be allowed under this section unless the holding period 53 required in subsection (3) of this section was satisfied by the grantor, the 54 trust, or the beneficiary, or a combination thereof. 55 (7) As used in this section, "revenue-producing enterprise" means: 25 1 (a) The production, assembly, fabrication, manufacture or processing of 2 any agricultural, mineral, timber or manufactured product; 3 (b) The storage, warehousing, distribution, or sale at wholesale of any 4 products of agriculture, mining, timber or manufacturing; 5 (c) The feeding of livestock at a feedlot; 6 (d) The operation of laboratories or other facilities for scientific, 7 agricultural, animal husbandry, or industrial research, development or 8 testing. 9 (8) As used in this section, "qualifying taxpayer" means a corporation, a 10 trust, estate, partnership, an association, a limited liability company, or an 11 S corporation, but does not include an individual. 12 SECTION 23. That Chapter 30, Title 63, Idaho Code, be, and the same is 13 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 14 ignated as Section 63-3024D, Idaho Code, and to read as follows: 15 63-3024D. INCOME TAX CREDITS FOR PERSONAL PROPERTY TAXES. (1) For taxable 16 year 2001 only, there shall be allowed as a credit against taxes due under 17 this chapter one hundred percent (100%) of the amount of taxes due in Decem- 18 ber 2001 on class 2 property that is agricultural machinery and equipment and 19 is defined in section 63-204, Idaho Code, and used solely in agriculture dur- 20 ing that tax year. For purposes of this section: 21 (a) "Agricultural machinery and equipment" shall mean any machinery and 22 equipment that is used in: 23 (i) Production of field crops including, but not limited to, 24 grains, feed crops, fruits and vegetables; or 25 (ii) The grazing, feeding, or raising of livestock, fur-bearing ani- 26 mals, fish, fowl, and bees to be sold or used as part of a net profit 27 making agricultural enterprise or dairy. 28 (b) Buildings shall not be considered to be agricultural machinery and 29 equipment. 30 (2) The maximum amount of the credit established by this section shall be 31 that enumerated in subsection (1) of this section. If taxes due are less than 32 the total credit allowed, the taxpayer shall be paid a refund. If the credit 33 or refund is not claimed for the year for which the income tax return is 34 filed, the right thereafter to claim such credit or refund shall be forfeited. 35 The state tax commission shall prescribe the method by which the refund, if 36 any, is to be made to the taxpayer. 37 (3) The refunds authorized by this section shall be paid from the state 38 refund fund in the same manner as the refunds authorized by section 63-3067, 39 Idaho Code. An application for any refund which is due and payable under the 40 provisions of this section must be filed with the state tax commission by the 41 due date, including extensions, of the return required under section 63-3030, 42 Idaho Code, if the applicant is required to file a return or the fifteenth day 43 of April of the year following the year to which the application relates if 44 the applicant is not required to file a return. 45 (4) The state tax commission may promulgate rules to implement the provi- 46 sions of this section. The commission may require such receipts and documenta- 47 tion from taxpayers and county assessors necessary to implement the provisions 48 of this section. If sufficient moneys are not available in the state refund 49 fund to pay in full credits or refunds, the state tax commission may grant a 50 pro rata share to all taxpayers based on the amount of the credit for personal 51 property taxes paid pursuant to the formula provided in this section to 52 ensure soundness of the fund. 26 1 SECTION 24. That Chapter 35, Title 67, Idaho Code, be, and the same is 2 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 3 ignated as Section 67-3529, Idaho Code, and to read as follows: 4 67-3529. TREATMENT OF GENERAL FUND SURPLUS -- MONEYS FOR PROPERTY TAX 5 RELIEF. Subject to the requirements of section 63-3203, Idaho Code, if the 6 state controller certifies that the fiscal year has ended with an unexpended 7 and unencumbered balance in the general fund, the unexpended and unencumbered 8 balance shall be treated as follows during 2001 only: 9 (1) The state controller shall deduct any funds to be transferred to the 10 budget stabilization fund in the following fiscal year, pursuant to section 11 57-814, Idaho Code. 12 (2) If any unexpended and unencumbered balance remains after the imple- 13 mentation of subsection (1) of this section, then the state controller shall 14 deduct this excess from the unexpended and unencumbered balance, up to a maxi- 15 mum of one percent (1%) of the general fund revenue collection for the fiscal 16 year just ended to be retained by the general fund. 17 (3) If any unexpended and unencumbered balance remains after the imple- 18 mentation of subsections (1) and (2) of this section, and this unexpended and 19 unencumbered balance represents more than one percent (1%) of the general fund 20 revenue collections for the fiscal year just ended, then seventy-five percent 21 (75%) of this remaining unexpended and unencumbered balance shall be remitted 22 to the state refund fund in section 63-3067, Idaho Code, for payment of the 23 income tax credits and refunds of personal property taxes pursuant to section 24 63-3024D, Idaho Code, for taxable year 2001. 25 SECTION 25. That Section 63-3067, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 63-3067. REVENUE RECEIVED -- STATE REFUNDACCOUNTFUND. (1) A sum equal 28 to the amount withheld under section 63-3035A, Idaho Code, shall be distrib- 29 uted fifty percent (50%) to the public school income fund to be utilized to 30 facilitate and provide substance abuse programs in the public school system, 31 and fifty percent (50%) shall be distributed to the counties to be utilized 32 for county juvenile probation services. These funds shall be distributed quar- 33 terly to the counties based upon the percentage the population of the county 34 bears to the population of the state as a whole. 35 (2) All moneys except as provided in subsection (1) of this section, and 36 except as hereinafter provided, received by the state of Idaho under this act 37 shall be deposited by the state tax commission, as received by it, with the 38 state treasurer and shall be placed in and become a part of the general 39accountfund under the custody of the state treasurer. Providing however, that 40 an amount equal to twenty percent (20%) of the amount deposited with the state 41 treasurer shall be placed in the "state refundaccountfund" which is hereby 42 created for the purpose of repaying overpayments, for the purpose of repaying 43 taxpayers for personal property taxes paid as provided in section 63-3024D, 44 Idaho Code, for the purpose of depositing in the trust accounts specified in 45 section 63-3067A, Idaho Code, such amounts as may be designated by individuals 46 for the purpose of depositing in the Idaho ag in the classroom account an 47 amount as may be designated by the individual receiving a refund for such 48 overpayment, and for the purpose of paying any other erroneous receipts ille- 49 gally assessed or collected, penalties collected without authority and taxes 50 and licenses unjustly assessed, collected or which are excessive in amount. 51 Whenever necessary for the purpose of making prompt payment of refunds, the 52 board of examiners, upon request from the state tax commission, and after 27 1 review, may authorize the state tax commission to transfer any additional spe- 2 cific amount from income tax collections to the "state refundaccountfund." 3 There is appropriated out of the state refundaccountfund so much thereof as 4 may be necessary for the payment of the refunds herein provided. Claims for, 5 and payment of refunds under the provisions of this section shall be made in 6 the same manner as other claims against the state of Idaho. 7 Any unencumbered balance remaining in the state refundaccountfund on 8 June 30 of each and every year in excess of the sum of one million five hun- 9 dred thousand dollars ($1,500,000) shall be transferred to the generalaccount10 fund and the state controller is hereby authorized and directed on such dates 11 to make such transfers unless the board of examiners, which is hereby autho- 12 rized to do so, changes the date of transfer or sum to be transferred. 13 SECTION 26. That Chapter 30, Title 63, Idaho Code, be, and the same is 14 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 15 ignated as Section 63-3029L, Idaho Code, and to read as follows: 16 63-3029L. INCOME TAX CREDIT FOR AT-HOME PARENT. (1) For income tax years 17 beginning on and after January 1, 2001, there shall be allowed at the election 18 of the taxpayer, subject to the applicable limitations provided herein as a 19 credit against the income tax imposed by the provisions of section 63-3024, 20 Idaho Code, a nonrefundable credit of one hundred fifty dollars ($150) for 21 each qualifying child, for up to two (2) qualifying children, if 22 (a) The taxpayer or another taxpayer filing a joint individual income tax 23 return with the taxpayer is an at-home parent; and 24 (b) The federal adjusted gross income of all of the taxpayers filing the 25 individual income tax return is fifty thousand dollars ($50,000) or less; 26 and 27 (c) No taxpayer filing the individual income tax return received public 28 assistance from the state of Idaho or any political subdivision thereof 29 during the taxable year for which the credit is being claimed; and 30 (d) No taxpayer filing the individual income tax return is claiming any 31 federal child care tax credit during the taxable year for which the credit 32 is being claimed. 33 (2) For purposes of this section: 34 (a) "At-home parent" means a parent: 35 (i) Who provides full-time care at the parent's residence for one 36 (1) or more of the parent's own qualifying children; and 37 (ii) Who claims the qualifying child as a dependent on the parent's 38 individual income tax return for the taxable year for which the par- 39 ent claims the credit. 40 (b) "Parent" means an individual who: 41 (i) Is the biological mother or father of a qualifying child; 42 (ii) Is the stepfather or stepmother of a qualifying child; 43 (iii) Has legally adopted a qualifying child; 44 (iv) Is a foster parent of a qualifying child; or 45 (v) Is a legal guardian of a qualifying child. 46 (c) "Qualifying child" means a child who is no older than sixty (60) 47 months of age on the last day of the taxable year for which the credit is 48 claimed. 49 (3) If the credit is not claimed for the year in which the income tax 50 return is filed, the right thereafter to claim such credit shall be forfeited. 51 (4) The state tax commission may promulgate rules as necessary to imple- 52 ment the provisions of this section. 28 1 SECTION 27. The provisions of Section 5, Sections 10 through 13 and Sec- 2 tions 16, 17 and 18 of this act are hereby declared to be nonseverable from 3 other provisions within each section and if any provision of any of those sec- 4 tions or the application of such provision to any person or circumstance is 5 declared invalid for any reason, such declaration shall render the entire sec- 6 tion invalid but not other sections of this act. 7 SECTION 28. An emergency existing therefor, which emergency is hereby 8 declared to exist, Sections 1 through 18 and Sections 22 through 27 of this 9 act shall be in full force and effect on and after passage and approval, and 10 retroactively to January 1, 2001. Sections 19, 20 and 21 of this act shall be 11 in full force and effect on and after January 1, 2006.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000Moved by Thorne Seconded by Bunderson IN THE SENATE SENATE AMENDMENTS TO H.B. NO. 275 1 AMENDMENT TO THE BILL 2 On page 2 of the printed bill, delete lines 37 through 52; and delete 3 pages 3 through 28, and insert: 4 "SECTION 1. That Section 63-3024, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 63-3024. INDIVIDUALS' TAX AND TAX ON ESTATES AND TRUSTS. For taxable year 7 20001, a tax measured by Idaho taxable income as defined in this chapter is 8 hereby imposed upon every individual, trust, or estate required by this chap- 9 ter to file a return. 10 (a) (i) The tax imposed upon individuals, trusts and estates shall be 11 computed at the following rates: 12 When Idaho taxable income is: The rate is: 13 Less than $1,000 One andninefive-tenths percent (1.95%) 14 $1,000 but less than $2,000 $195, plus three andninefive-tenths 15 percent (3.95%) of the amount over $1,000 16 $2,000 but less than $3,000 $580, plus fourand four-tenths17 percent (4.4%) of the amount over $2,000 18 $3,000 but less than $4,000 $10290, plus fiveand four-tenths19 percent (5.4%) of the amount over $3,000 20 $4,000 but less than $5,000 $15640, plus sixand four-tenths21 percent (6.4%) of the amount over $4,000 22 $5,000 but less than $7,500 $2200, plus sevenand four-tenths23 percent (7.4%) of the amount over $5,000 24 $7,500 but less than $20,000 $40375, plus seven andseventhree-tenths 25 percent (7.73%) of the amount over $7,500 26 Over $20,000 $1,36287.50, pluseight and oneseven and 27 seven-tenths percent (8.17.7%) of the 28 amount over $20,000 29 (ii) For taxable year 20012 and each taxable year thereafter, a tax mea- 30 sured by Idaho taxable income as defined in this chapter is hereby imposed 31 upon every individual, trust, or estate required by this chapter to file a 32 return. 33 The tax imposed upon individuals, trusts and estates shall be computed at 34 the following rates: 35 When Idaho taxable income is: The rate is: 36Less than $1,000Two percent (2.0%)37$1,000 but less than $2,000$20, plus four percent (4.0%)38of the amount over $1,00039$2,000 but less than $3,000$60, plus four and one-half percent40(4.5%) of the amount over $2,00041$3,000 but less than $4,000$105, plus five and one-half percent42(5.5%) of the amount over $3,00043$4,000 but less than $5,000$160, plus six and one-half percent2 1(6.5%) of the amount over $4,0002$5,000 but less than $7,500$225, plus seven and one-half percent3(7.5%) of the amount over $5,0004$7,500 but less than $20,000$412.50, plus seven and eight-tenths percent5(7.8%) of the amount over $7,5006Over $20,000$1,387.50, plus eight and two-tenths percent7(8.2%) of the amount over $20,0008 Less than $1,000 One and seventy-five hundredths 9 percent (1.75%) 10 $1,000 but less than $2,000 $17.50, plus three and seventy-five 11 hundredths percent (3.75%) 12 of the amount over $1,000 13 $2,000 but less than $3,000 $55, plus four and twenty-five 14 hundredths percent (4.25%) 15 of the amount over $2,000 16 $3,000 but less than $4,000 $97.50, plus five and twenty-five 17 hundredths percent (5.25%) 18 of the amount over $3,000 19 $4,000 but less than $5,000 $150, plus six and twenty-five 20 hundredths percent (6.25%) 21 of the amount over $4,000 22 $5,000 but less than $7,500 $212.50, plus seven and twenty-five 23 hundredths percent (7.25%) 24 of the amount over $5,000 25 $7,500 but less than $20,000 $393.75, plus seven and fifty-five 26 hundredths percent (7.55%) 27 of the amount over $7,500 28 Over $20,000 $1,337.50, plus seven and ninety-five 29 hundredths percent (7.95%) 30 of the amount over $20,000 31 For taxable year 2000 and each year thereafter, the state tax commission 32 shall prescribe a factor which shall be used to compute the Idaho income tax 33 brackets provided in subsections (a)(i) and (a)(ii) of this section. The fac- 34 tor shall provide an adjustment to the Idaho tax brackets so that inflation 35 will not result in a tax increase. The Idaho tax brackets shall be adjusted as 36 follows: multiply the bracket amounts by the percentage (the consumer price 37 index for the calendar year immediately preceding the calendar year to which 38 the adjusted brackets will apply divided by the consumer price index for cal- 39 endar year 1998). For the purpose of this computation, the consumer price 40 index for any calendar year is the average of the consumer price index as of 41 the close of the twelve (12) month period for the immediately preceding calen- 42 dar year as adopted by the state tax commission. This adoption shall be exempt 43 from the provisions of chapter 52, title 67, Idaho Code. The consumer price 44 index shall mean the consumer price index for all U.S. urban consumers pub- 45 lished by the United States department of labor. The state tax commission 46 shall annually include the factor as provided in this subsection to multiply 47 against Idaho taxable income in the brackets above to arrive at that year's 48 taxable income for tax bracket purposes. 49 (b) In case a joint return is filed by husband and wife pursuant to the 50 provisions of section 63-3031, Idaho Code, the tax imposed by this section 51 shall be twice the tax which would be imposed on one-half (1/2) of the aggre- 52 gate Idaho taxable income. For the purposes of this section, a return of a 53 surviving spouse, as defined in section 2(a) of the Internal Revenue Code, and 54 a head of household, as defined in section 2(b) of the Internal Revenue Code, 55 shall be treated as a joint return and the tax imposed shall be twice the tax 3 1 which would be imposed on one-half (1/2) of the Idaho taxable income. 2 (c) The state tax commission shall compute and publish Idaho income tax 3 liability for taxpayers at the midpoint of each bracket of Idaho taxable 4 income in fifty dollar ($50.00) steps to fifty thousand dollars ($50,000), 5 rounding such calculations to the nearest dollar. Taxpayers having income 6 within such brackets shall file returns based upon and pay taxes according to 7 the schedule thus established. The state tax commission shall promulgate rules 8 defining the conditions upon which such returns shall be filed. 9 SECTION 2. That Section 63-3024A, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 63-3024A. CREDITS AND REFUNDS. (a) Any resident individual not entitled 12 to the credit allowed in subsection (b)(1), who is required to file by law and 13 who has filed an Idaho income tax return, shall be allowed a credit against 14 taxes due under the Idaho income tax act equal to the amount offifteentwenty 15 dollars ($1520.00) for each personal exemption for which a deduction is per- 16 mitted by section 151(b) and (c) of the Internal Revenue Code if such deduc- 17 tion is claimed on the taxpayer's Idaho income tax return, and if the individ- 18 ual for whom the deduction is claimed is a resident of the state of Idaho. If 19 taxes due are less than the total credit allowed, the taxpayer shall be paid a 20 refund equal to the balance of the unused credit. If the credit or refund is 21 not claimed for the year for which the individual income tax return is filed, 22 the right thereafter to claim such credit or refund shall be forfeited. The 23 state tax commission shall prescribe the method by which the refund, if any, 24 is to be made to the taxpayer. 25 (b) (1) A resident individual who has reached his sixty-fifth birthday 26 before the end of his taxable year, who is required to file by law and who 27 has filed an Idaho income tax return, shall be allowed a credit against 28 taxes due under the Idaho income tax act equal to the amount of 29 thirty-five dollars ($305.00) for each personal exemption representing 30 himself, a spouse over the age of sixty-five (65) years, or a dependent 31 over the age of sixty-five (65) years, but shall be allowed a credit 32 against taxes due under the Idaho income tax act equal tofifteentwenty 33 dollars ($1520.00) for each personal exemption representing a spouse or 34 dependent under the age of sixty-five (65) years. If taxes due are less 35 than the total credit allowed, the taxpayer shall be paid a refund equal 36 to the balance of the unused credit. If the credit or refund is not 37 claimed for the year for which the individual income tax return is filed, 38 the right thereafter to claim such credit or refund shall be forfeited. 39 The state tax commission shall prescribe the method by which the refund, 40 if any, is to be made to the taxpayer. 41 (2) A resident individual who has reached his sixty-fifth birthday and is 42 not required by law to file an Idaho income tax return and who has 43 received no credit or refund under any other subsection of this section, 44 shall be entitled to a refund of thirty-five dollars ($305.00). Any refund 45 shall be paid to such individual only upon his making application therefor 46 at such time and in such manner as may be prescribed by the state tax com- 47 mission. 48 (c) A resident individual of the state of Idaho who is: 49 (i) blind, or 50 (ii) a disabled American veteran of any war engaged in by the United 51 States, whose disability is recognized as a service connected disability 52 of a degree of tenper centpercent (10%) or more, or who is in receipt of 53 a pension for nonservice connected disabilities, in accordance with laws 4 1 and regulations administered by the United States veterans administration, 2 substantiated by a statement as to status signed by a responsible officer 3 of the United States veterans administration, or 4 (iii) over sixty-two (62) years of age, and has been allowed none, or less 5 than all, of the credit provided by subsection (a) or subsection (b) of 6 this section, shall be entitled to a payment from the refund fund in an 7 amount equal tofifteentwenty dollars ($1520.00), or the balance of his 8 unused credit, whichever is less, upon making application therefor at such 9 time and in such manner as the state tax commission may prescribe. 10 (d) Any part-year resident entitled to a credit under this section shall 11 receive a proportionate credit, in the manner above provided, reflecting the 12 part of the year in which he was domiciled in this state. 13 (e) No credit or refund may be claimed for an exemption which represents 14 a person who has himself filed an Idaho income tax return claiming a deduction 15 for his own personal exemption, and in no event shall more than one (1) tax- 16 payer be allowed a credit or refund for the same exemption, or under more than 17 one (1) subsection of this section. 18 (f) The refunds authorized by this section shall be paid from the state 19 refund fund in the same manner as the refunds authorized by section 63-3067, 20 Idaho Code. 21 (g) An application for any refund which is due and payable under the pro- 22 visions of this section must be filed with the state tax commission within 23 three (3) years of: 24 (i) the due date, including extensions, of the return required under sec- 25 tion 63-3030, Idaho Code, if the applicant is required to file a return, 26 or 27 (ii) the 15th day of April of the year following the year to which the 28 application relates if the applicant is not required to file a return. 29 SECTION 3. That Section 63-3025, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 63-3025. TAX ON CORPORATE INCOME. For taxable years commencing on and 32 after January 1,19872001, a tax is hereby imposed on the Idaho taxable 33 income of a corporation which transacts or is authorized to transact business 34 in this state or which has income attributable to this state. The tax shall be 35 equal toeightseven and five-tenths percent (87.5%) of Idaho taxable income 36 for taxable year 2001 and seven and seventy-five hundredths percent (7.75%) of 37 Idaho taxable income for taxable year 2002 and thereafter; provided, however, 38 that the tax shall not be less than twenty dollars ($20.00); provided further 39 that the twenty dollar ($20.00) minimum payment shall not be collected from 40 nonproductive mining corporations. The tax imposed by this section shall not 41 apply to corporations taxed pursuant to the provisions of section 63-3025A, 42 Idaho Code. 43 SECTION 4. That Section 63-3025A, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 63-3025A. FRANCHISE TAX. For taxable years commencing on and after Janu- 46 ary 1,19872001, a franchise tax shall be imposed upon any corporation for 47 the privilege of exercising its corporate franchise within the state during 48 such taxable year,including, but not limited to, corporations engaged in 49 business in Idaho for the exclusive purpose of performing contracts with the 50 United States department of energy at the Idaho national engineering and envi- 51 ronmental laboratory, which tax shall be measured by income which is attribut- 5 1 able to this state under the provisions of this chapter and which tax shall be 2equal to eight percent (8%) of Idaho taxable incomeat the rate provided in 3 section 63-3025, Idaho Code; provided, however, that the tax shall not be less 4 than twenty dollars ($20.00); provided further that the twenty dollar ($20.00) 5 minimum payment shall not be collected from nonproductive mining corporations; 6 but the twenty dollar ($20.00) minimum tax shall apply to corporations quali- 7 fied to file returns and actually filing returns under the provisions of sub- 8 chapter "S" of the Internal Revenue Code. 9 SECTION 5. That Section 63-3029B, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 63-3029B. INCOME TAX CREDIT FOR CAPITAL INVESTMENT. (1) At the election 12 of the taxpayer there shall be allowed, subject to the applicable limitations 13 provided herein as a credit against the income tax imposed by chapter 30, 14 title 63, Idaho Code, an amount equal to the sum of: 15 (a) The tax credit carryovers; and 16 (b) The tax credit for the taxable year. 17 (2) The maximum allowable amount of the credit for the current taxable 18 year shall be three percent (3%) of the amount of qualified investments made 19 during the taxable year. 20 (3) As used in this section "qualified investment" means certain depre- 21 ciable property which: 22 (a) (i) Is eligible for the federal investment tax credit, as defined in 23 sections 46(c) and 48 of the Internal Revenue Code subject to the 24 limitations provided for certain regulated companies in section 46(f) 25 of the Internal Revenue Code and is not a motor vehicle under eight 26 thousand (8,000) pounds gross weight; or 27 (ii) Is qualified broadband equipment as defined in section 63-3029I, 28 Idaho Code; and 29 (b) Is acquired, constructed, reconstructed, erected or placed into ser- 30 vice after December 31, 1981; and 31 (c) Has a situs in Idaho. 32 (4) Notwithstanding the provisions of subsections (1) and (2) of this 33 section, the amount of the credit allowed shall not exceed fifty percent (50%) 34 of the tax liability of the taxpayer. 35 (5) If the sum of credit carryovers from the credit allowed by subsection 36 (2) of this section and the amount of credit for the taxable year from the 37 credit allowed by subsection (2) of this section exceed the limitation imposed 38 by subsection (4) of this section for the current taxable year, the excess 39 attributable to the current taxable year's credit shall be an investment 40 credit carryover to the fourteen (14) succeeding taxable years. In the case of 41 a group of corporations filing a combined report under section 63-3027, Idaho 42 Code, or sections 63-3027B through 63-3027E, Idaho Code, credit earned by one 43 (1) member of the group but not used by that member may be used by another 44 member of the group, subject to the provisions of subsection (4) of this sec- 45 tion, instead of carried over. The entire amount of unused credit shall be 46 carried forward to the earliest of the succeeding years, wherein the oldest 47 available unused credit shall be used first, so long as the qualified invest- 48 ment property for which the unused credit was granted still maintains Idaho 49 situs. For a combined group of corporations, credit carried forward may be 50 claimed by any member of the group unless the member who earned the credit is 51 no longer included in the combined group. 52 (6) Any recapture of the credit allowed by subsection (2) of this section 53 on property disposed of or ceasing to qualify, prior to the close ofits use-6 1ful lifethe recapture period, shall be determined according to the applicable 2 recapture provisions of the Internal Revenue Code. In the case of a unitary 3 group of corporations, the increase in tax due to the recapture of investment 4 tax credit must be reported by the member of the group who earned the credit 5 regardless of which member claimed the credit against tax. 6 (7) For the purpose of determining whether property placed in service is 7 a "qualified investment" as defined in subsection (3) of this section, the 8 provisions of section 49 of the Internal Revenue Code shall be disregarded. 9 (8) For purposes of this section, property has a situs in Idaho during a 10 taxable year if it is used in Idaho at any time during the taxable year. Prop- 11 erty not used in Idaho during a taxable year does not have a situs in Idaho in 12 the taxable year during which the property is not used in Idaho or in any sub- 13 sequent taxable year. No credit or carryover of credit is permitted under this 14 section if the credit or carryover relates to property that does not have a 15 situs in Idaho during the taxable year for which the credit or carryover is 16 claimed. The Idaho situs of property must be established by records maintained 17 by the taxpayer which are created reasonably contemporaneously with the use of 18 the property. 19 (9) In the case of property used both in and outside Idaho, the taxpayer, 20 electing to claim the credit provided in this section, must elect to compute 21 the qualified investment in property with a situs in Idaho for all such 22 investments first qualifying during that year in one (1), but only one (1), of 23 the following ways: 24 (a) The amount of each qualified investment in a specific asset shall be 25 separately computed based on the percentage of the actual use of the prop- 26 erty in Idaho by using a measure of the use, such as total miles or total 27 machine hours, that most accurately reflects the beneficial use during the 28 taxable year in which it is first acquired, constructed, reconstructed, 29 erected or placed into service; provided, that the asset is placed in ser- 30 vice more than ninety (90) days before the end of the taxable year. In the 31 case of assets acquired, constructed, reconstructed, erected or placed 32 into service within ninety (90) days prior to the end of the taxable year 33 in which the investment first qualifies, the measure of the use of that 34 asset within Idaho for that year shall be based upon the percentage of use 35 in Idaho during the first ninety (90) days of use of the asset; 36 (b) The investment in qualified property used both inside and outside 37 Idaho during the taxable year in which it is first acquired, constructed, 38 reconstructed, erected or placed into service shall be multiplied by the 39 percent of the investment that would be included in the numerator of the 40 Idaho property factor determined pursuant to section 63-3027, Idaho Code, 41 for the same year. 42 (10) Only for the purposes of subsections (3)(a) and (7) of this section, 43 references to sections of the "Internal Revenue Code" mean the sections 44 referred to as they existed in the Internal Revenue Code of 1986 prior to 45 November 5, 1990. 46 SECTION 6. That Chapter 30, Title 63, Idaho Code, be, and the same is 47 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 48 ignated as Section 63-3029G, Idaho Code, and to read as follows: 49 63-3029G. CREDITS FOR RESEARCH ACTIVITIES CONDUCTED IN THIS STATE -- 50 CARRY FORWARD. 51 (1) (a) Subject to the limitations of this section, for taxable year 2001 52 only, there shall be allowed to a taxpayer a nonrefundable credit against 53 taxes imposed by sections 63-3024, 63-3025 and 63-3025A, Idaho Code, for 7 1 increasing research activities in Idaho during any twelve (12) month 2 period beginning, at the election of the taxpayer, either: 3 (i) January 1, 2001, or 4 (ii) The first day of the taxpayer's taxable year beginning in 2001. 5 (b) The credit allowed by subsection (1)(a) of this section shall be the 6 sum of: 7 (i) Five percent (5%) of the excess of qualified research payments 8 for research conducted in Idaho over the base amount; and 9 (ii) Five percent (5%) basic research payments allowable under sub- 10 section (e) of section 41 of the Internal Revenue Code for basic 11 research conducted in Idaho. 12 (2) As used in this section: 13 (a) The terms "qualified research payments," "qualified research," "basic 14 research payments" and "basic research" shall be as defined in section 41 15 of the Internal Revenue Code except that the research must be conducted in 16 Idaho. 17 (b) The term "base amount" shall mean an amount calculated as provided in 18 sections 41(c) and 41(h) of the Internal Revenue Code, except that: 19 (i) The base amount does not include the calculation of the alter- 20 native incremental credit provided for in section 41(c)(4) of the 21 Internal Revenue Code; 22 (ii) A taxpayer's gross receipts include only those gross receipts 23 attributable to sources within this state as provided in subsections 24 (q) and (r) of section 63-3027, Idaho Code; and 25 (iii) Notwithstanding section 41(c) of the Internal Revenue Code, for 26 purposes of calculating the base amount, a taxpayer: 27 (A) May elect to be treated as a start-up company as provided 28 in section 41(c)(3)(B) of the Internal Revenue Code, regardless 29 of whether the taxpayer meets the requirements of section 30 41(c)(3)(B)(i)(I) or (II) of the Internal Revenue Code; and 31 (B) May not revoke an election to be treated as a start-up com- 32 pany. 33 (3) The credit allowed by subsection (1)(a) of this section together with 34 any credits carried forward under subsection (5) of this section shall not 35 exceed the amount of tax due under sections 63-3024, 63-3025 and 63-3025A, 36 Idaho Code, after allowance for all other credits permitted by this chapter. 37 When credits earned in more than one (1) taxable year are available, the old- 38 est credits shall be applied first. 39 (4) In the case of a group of corporations filing a combined report under 40 subsection (t) of section 63-3027, Idaho Code, credit earned by one (1) member 41 of the group but not used by that member may be used by another member of the 42 group. For a combined group of corporations, any member of the group may claim 43 credit carried forward unless the member who earned the credit is no longer 44 included in the combined group. 45 (5) The credit allowed by subsection (1)(a) of this section shall be 46 claimed for the taxable year during which the taxpayer qualifies for the 47 credit. If the credit exceeds the limitation under subsection (3) of this sec- 48 tion, the excess amount may be carried forward for a period that does not 49 exceed the next fourteen (14) taxable years. 50 (6) In addition to other needed rules, the state tax commission may pro- 51 mulgate rules prescribing, in the case of S corporations, partnerships, trusts 52 or estates, a method of attributing the credit under this section to the 53 shareholders, partners or beneficiaries in proportion to their share of the 54 income from the S corporation, partnership, trust or estate. 8 1 SECTION 7. That Section 63-3029H, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 63-3029HP. PRIORITY OF CREDITS. When a taxpayer subject to any taxes 4 imposed under this chapter is entitled to two (2) or more credits against such 5 taxes, the priority of credits shall be determined in the following order: 6 (a) Nonrefundable credits. Nonrefundable credits shall be applied to the 7 tax liability before application of refundable credits. If a taxpayer is enti- 8 tled to more than one (1) nonrefundable credit, the credits shall be applied 9 in the order in which the statutes authorizing the credits were enacted by the 10 legislature. 11 (b) Refundable credits. Refundable credits shall be applied to the tax 12 liability after application of any nonrefundable credits. 13 SECTION 8. That Chapter 30, Title 63, Idaho Code, be, and the same is 14 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 15 ignated as Section 63-3029I, Idaho Code, and to read as follows: 16 63-3029I. INCOME TAX CREDIT FOR INVESTMENT IN BROADBAND EQUIPMENT. (1) 17 Subject to the limitations of this section, for taxable year 2001 only, there 18 shall be allowed to a taxpayer a nonrefundable credit against taxes imposed by 19 sections 63-3024, 63-3025 and 63-3025A, Idaho Code, for qualified expenditures 20 in qualified broadband equipment in Idaho. 21 (2) The credit permitted in subsection (1) of this section shall be three 22 percent (3%) of the qualified investment in qualified broadband equipment in 23 Idaho and shall be in addition to the credit for capital investment permitted 24 by section 63-3029B, Idaho Code. 25 (3) As used in this section the term: 26 (a) "Qualified investment" shall be as defined in section 63-3029B, Idaho 27 Code. 28 (b) "Qualified broadband equipment" means equipment that qualifies for 29 the credit for capital investment permitted by section 63-3029B, Idaho 30 Code, and is capable of transmitting signals at a rate of at least two 31 hundred thousand (200,000) bits per second to a subscriber and at least 32 one hundred twenty-five thousand (125,000) bits per second from a sub- 33 scriber, and 34 (i) In the case of a telecommunications carrier, such qualifying 35 equipment shall be necessary to the provision of broadband service 36 and an integral part of a broadband network. "Telecommunications car- 37 rier" has the meaning given such term by section 3(44) of the commu- 38 nications act of 1934, as amended, but does not include a commercial 39 mobile service provider. 40 (ii) In the case of a commercial mobile service carrier, such quali- 41 fying equipment shall extend from the subscriber side of the mobile 42 telecommunications switching office to a transmitting/receiving 43 antenna, including such antenna, on the outside of the structure in 44 which the subscriber is located. "Commercial mobile service carrier" 45 means any person authorized to provide commercial mobile radio ser- 46 vice to subscribers as defined in section 20.3 of title 47, Code of 47 Federal Regulations (10-1-99 ed.), as amended. 48 (iii) In the case of a cable or open video system operator, such 49 qualifying equipment shall extend from the subscriber's side of the 50 headend to the outside of the structure in which the subscriber is 51 located. The terms "cable operator" and "open video system operator" 52 have the meanings given such terms by sections 602(5) and 653, 9 1 respectively, of the communications act of 1934, as amended. 2 (iv) In the case of a satellite carrier or a wireless carrier other 3 than listed above, such qualifying equipment is only that equipment 4 that extends from a transmitting/receiving antenna, including such 5 antenna, which transmits and receives signals to or from multiple 6 subscribers to a transmitting/receiving antenna on the outside of the 7 structure in which the subscriber is located. "Satellite carrier" 8 means any person using the facilities of a satellite or satellite 9 services licensed by the federal communications commission and oper- 10 ating a fixed-satellite service or direct broadcast satellite ser- 11 vices to provide point-to-multipoint distribution of signals. "Other 12 wireless carrier" means any person, other than a telecommunications 13 carrier, commercial mobile service carrier, cable operator, open 14 video operator, or satellite carrier, providing broadband services to 15 subscribers through the radio transmission of energy. 16 (v) In the case of packet switching equipment, such packet equip- 17 ment installed in connection with other qualifying equipment listed 18 in subsections (2)(b)(i) through (2)(b)(iv) of this section, provided 19 it is the last in a series of equipment that transmits signals to a 20 subscriber or the first in a series of equipment that transmits sig- 21 nals from a subscriber. "Packet switching" means controlling or 22 routing the path of a digital transmission signal which is assembled 23 into packets or cells. 24 (vi) In the case of multiplexing and demultiplexing equipment, such 25 equipment only to the extent that it is deployed in connection with 26 providing broadband services in locations between packet switching 27 equipment and the structure in which the subscriber is located. 28 "Multiplexing" means the transmission of two (2) or more signals over 29 a communications circuit without regard to the communications tech- 30 nology. 31 (vii) Any property not primarily used to provide services in Idaho to 32 public subscribers is not qualified broadband equipment. 33 (4) No equipment described in subsections (2)(b)(i) through (2)(b)(vi) of 34 this section shall qualify for the credit provided in subsection (1) of this 35 section until the taxpayer applies to and obtains from the Idaho public utili- 36 ties commission an order confirming that the installed equipment is qualified 37 broadband equipment. Applications submitted to the commission shall be gov- 38 erned by the commission's rules of procedure. The commission may issue proce- 39 dural orders necessary to implement this section. 40 (5) The credit allowed by subsection (1) of this section together with 41 any credits carried forward under subsection (7) of this section shall not, in 42 any one (1) taxable year, exceed the lesser of: 43 (a) The amount of tax due under sections 63-3024, 63-3025 and 63-3025A, 44 Idaho Code, after allowance for all other credits permitted by this chap- 45 ter; or 46 (b) Seven hundred fifty thousand dollars ($750,000). 47 When credits earned in more than one (1) taxable year are available, the old- 48 est credits shall be applied first. 49 (6) In the case of a group of corporations filing a combined report under 50 subsection (t) of section 63-3027, Idaho Code, credit earned by one (1) member 51 of the group but not used by that member may be used by another member of the 52 group, subject to the provisions of subsection (7) of this section, instead of 53 carried over. For a combined group of corporations, credit carried forward may 54 be claimed by any member of the group unless the member who earned the credit 55 is no longer included in the combined group. 10 1 (7) If the credit allowed by subsection (1) of this section exceeds the 2 limitation under subsection (5) of this section, the excess amount may be car- 3 ried forward for a period that does not exceed the next fourteen (14) taxable 4 years. 5 (8) In the event that qualified broadband equipment upon which the credit 6 allowed by this section has been used ceases to qualify for the credit allowed 7 by section 63-3029B, Idaho Code, or is subject to recapture of that credit, 8 the recapture of credit under this section shall be in the same proportion and 9 subject to the same provisions as the amount of credit required to be recap- 10 tured under section 63-3029B, Idaho Code. 11 (9) (a) Subject to the requirements of this subsection, a taxpayer enti- 12 tled to the credit or to an unused portion of the credit allowed by this 13 section may transfer the unused credit to another taxpayer required to 14 file a return under this chapter. 15 (b) Before completing a transfer under this subsection, the transferor 16 shall notify the state tax commission of its intention to transfer the 17 credit and the identity of the transferee. The state tax commission shall 18 provide the transferor with a written statement of the amount of credit 19 available under this section as then appearing in the commission's records 20 and the number of years the credit may be carried over. The transferee 21 shall attach a copy of the statement to any return in regard to which the 22 transferred credit is claimed. 23 (c) In the event that after the transfer the state tax commission deter- 24 mines that the amount of credit properly available under this section is 25 less than the amount claimed by the transferor of the credit or that the 26 credit is subject to recapture, the commission shall assess the amount of 27 overstated or recaptured credit as taxes due from the transferor and not 28 the transferee. The assessment shall be made in the manner provided for a 29 deficiency in taxes under this chapter. 30 (10) In addition to other needed rules, the state tax commission may pro- 31 mulgate rules prescribing, in the case of S corporations, partnerships, trusts 32 or estates, a method of attributing the credit under this section to the 33 shareholders, partners or beneficiaries in proportion to their share of the 34 income from the S corporation, partnership, trust or estate. 35 SECTION 9. That Chapter 30, Title 63, Idaho Code, be, and the same is 36 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 37 ignated as Section 63-3022P, Idaho Code, and to read as follows: 38 63-3022P. HEALTH INSURANCE COSTS. With respect to a taxpayer, an amount 39 equal to the amount paid by the taxpayer during the taxable year for insurance 40 which constitutes medical care for the taxpayer and the spouse and dependents 41 of the taxpayer which is not otherwise deducted by the taxpayer for federal 42 income tax purposes shall be allowed as a deduction against taxable income. As 43 used in this section, "insurance which constitutes medical care" includes any 44 hospital or medical policy or certificate, any subscriber contract provided by 45 a hospital or professional service corporation or mutual insurer, or any 46 health maintenance organization subscriber contract, policies or certificates 47 of insurance for specific disease, hospital confinement indemnity, accident- 48 only, credit, dental, vision, single employer self-funded coverage, meaning 49 that portion of health insurance which is the retained risk of the employer, 50 student health benefits only or coverage for medical care or treatment issued 51 as a supplement to liability insurance. 52 SECTION 10. That Chapter 6, Title 63, Idaho Code, be, and the same is 11 1 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 2 ignated as Section 63-602EE, Idaho Code, and to read as follows: 3 63-602EE. PROPERTY EXEMPT FROM TAXATION -- CERTAIN TANGIBLE PERSONAL 4 PROPERTY. The following property is exempt from taxation: class 2 property 5 that is agricultural machinery and equipment and exclusively used in agricul- 6 ture during the immediately preceding tax year. For purposes of this section: 7 (1) "Agricultural machinery and equipment" shall mean any machinery and 8 equipment that is used in: 9 (a) Production of field crops including, but not limited to, grains, feed 10 crops, fruits and vegetables; or 11 (b) The grazing, feeding or raising of livestock, fur-bearing animals, 12 fish, fowl and bees to be sold or used as part of a net profit-making 13 agricultural enterprise or dairy. 14 (2) Buildings shall not be considered to be agricultural machinery and 15 equipment. 16 SECTION 11. That Section 63-3067, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 63-3067. REVENUE RECEIVED -- STATE REFUND ACCOUNT. (1) A sum equal to the 19 amount withheld under section 63-3035A, Idaho Code, shall be distributed fifty 20 percent (50%) to the public school income fund to be utilized to facilitate 21 and provide substance abuse programs in the public school system, and fifty 22 percent (50%) shall be distributed to the counties to be utilized for county 23 juvenile probation services. These funds shall be distributed quarterly to the 24 counties based upon the percentage the population of the county bears to the 25 population of the state as a whole. 26 (2) All moneys except as provided in subsection (1) of this section, and 27 except as hereinafter provided, received by the state of Idaho under this act 28 shall be deposited by the state tax commission, as received by it, with the 29 state treasurer and shall be placed in and become a part of the general 30 account under the custody of the state treasurer. Providing however, that an 31 amount equal to twenty percent (20%) of the amount deposited with the state 32 treasurer shall be placed in the "state refund account" which is hereby cre- 33 ated for the purpose of repaying overpayments, for the purpose of remitting to 34 counties and taxing districts for personal property exempt from taxation pur- 35 suant to section 63-602EE, Idaho Code, as provided in subsection (3) of this 36 section, for the purpose of depositing in the trust accounts specified in sec- 37 tion 63-3067A, Idaho Code, such amounts as may be designated by individuals 38 for the purpose of depositing in the Idaho ag in the classroom account an 39 amount as may be designated by the individual receiving a refund for such 40 overpayment, and for the purpose of paying any other erroneous receipts ille- 41 gally assessed or collected, penalties collected without authority and taxes 42 and licenses unjustly assessed, collected or which are excessive in amount. 43 Whenever necessary for the purpose of making prompt payment of refunds, the 44 board of examiners, upon request from the state tax commission, and after 45 review, may authorize the state tax commission to transfer any additional spe- 46 cific amount from income tax collections to the "state refund account." There 47 is appropriated out of the state refund account so much thereof as may be nec- 48 essary for the payment of the refunds herein provided. Claims for, and payment 49 of refunds under the provisions of this section shall be made in the same man- 50 ner as other claims against the state of Idaho. 51 (3) The state tax commission shall calculate the amount that each county 52 assessed in taxes in tax year 2000 on property that is exempt from taxation 12 1 pursuant to section 63-602EE, Idaho Code, and shall remit to the county trea- 2 surer for distribution to each taxing district in the county one hundred six 3 percent (106%) of the amount calculated as follows: 4 The county commissioners in each county shall certify to the state tax 5 commission by July 1, 2001, the year 2000 tax charge, applicable to the prop- 6 erty exempt from taxation pursuant to section 63-602EE, Idaho Code, provided 7 that such property was categorized in year 2000 as farm machinery, tools and 8 equipment pursuant to rules of the state tax commission, for the portion of 9 each taxing district or unit within the county. For nonschool districts the 10 state tax commission shall distribute one-fourth (1/4) of this amount certi- 11 fied quarterly to each county beginning in October 2001. For school districts 12 the state tax commission shall distribute one-fourth (1/4) of the amount cer- 13 tified quarterly to each school district beginning in October 2001. For non- 14 school districts, the county auditor shall distribute to each district 15 within thirty (30) calendar days from receipt of moneys from the tax commis- 16 sion. Moneys received by each taxing district for replacement shall be uti- 17 lized in the same manner and in the same proportions as revenues from property 18 taxation. The moneys remitted to the county treasurer for replacement of 19 property exempt from taxation pursuant to section 63-602EE, Idaho Code, may be 20 considered by the counties and other taxing districts and budgeted at the same 21 time, in the same manner and in the same year as revenues from taxation on 22 personal property which these moneys replace. If taxing districts are consoli- 23 dated, the resulting district is entitled to an amount equal to the sum of the 24 amounts which were received in the last calendar quarter by each district pur- 25 suant to this subsection prior to the consolidation. If a taxing district is 26 dissolved or disincorporated, the state tax commission shall continuously dis- 27 tribute to the board of county commissioners an amount equal to the last 28 quarter's distribution prior to dissolution or disincorporation. The board of 29 county commissioners shall determine any redistribution of moneys so received. 30 If a taxing district annexes territory, the distribution of moneys received 31 pursuant to this subsection shall be unaffected. Taxing districts formed after 32 January 1, 2001, are not entitled to a payment under the provisions of this 33 subsection. School districts shall receive an amount determined by multiplying 34 the sum of the year 2000 school district levy plus .001 times the market value 35 on December 31, 2000, in the district of the property exempt from taxation 36 pursuant to section 63-602EE, Idaho Code. For purposes of the limitation pro- 37 vided by section 63-802, Idaho Code, moneys received pursuant to this subsec- 38 tion as property tax replacement for property exempt from taxation pursuant to 39 section 63-602EE, Idaho Code, shall be treated as property tax revenues. 40 (4) Any unencumbered balance remaining in the state refund account on 41 June 30 of each and every year in excess of the sum of one million five hun- 42 dred thousand dollars ($1,500,000) shall be transferred to the generalaccount43 fund and the state controller is hereby authorized and directed on such dates 44 to make such transfers unless the board of examiners, which is hereby autho- 45 rized to do so, changes the date of transfer or sum to be transferred. 46 SECTION 12. That Chapter 30, Title 63, Idaho Code, be, and the same is 47 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 48 ignated as Section 63-3029J, Idaho Code, and to read as follows: 49 63-3029J. INCENTIVE INCOME TAX INVESTMENT CREDIT. (1) Subject to the lim- 50 itations of this section, for taxable year 2001 only, there shall be allowed 51 to a taxpayer a nonrefundable credit against taxes imposed by sections 52 63-3024, 63-3025 and 63-3025A, Idaho Code, in the amount allowed by subsection 53 (2) of this section for qualified investments in Idaho. The credit shall be in 13 1 addition to the credit for capital investment permitted by section 63-3029B, 2 Idaho Code. 3 (2) The credit permitted in subsection (1) of this section shall be at 4 the percentage rate determined under either subsection (2)(a) or (2)(b) of 5 this section at the election of the taxpayer. 6 (a) (i) One-half (1/2) of the amount by which the average three-year 7 unemployment rate in the county in which the property is located 8 exceeds six percent (6%). In the case of mobile property, the prop- 9 erty shall be located in the county in which it is primarily based. 10 (ii) For purposes of this section the director of the department of 11 labor shall, on or before the first day of September of each calendar 12 year, establish and certify to the state tax commission the average 13 three-year unemployment rate in each county in Idaho for the immedi- 14 ately preceding three (3) calendar years. The rates thus certified 15 shall apply to the calculation of the credit under subsection 16 (2)(a)(i) of this section for property qualifying in the taxable year 17 beginning during the next calendar year. 18 (b) (i) One-tenth of one percent (.1%) for each full percent that the 19 three-year average per capita personal income level in the county in 20 which the property is located is below ninety percent (90%) of the 21 average statewide per capita personal income level. 22 (ii) For purposes of this section the director of the department of 23 commerce shall, on or before the first day of September of each cal- 24 endar year, establish and certify to the state tax commission the 25 most current three-year average per capita personal income level in 26 each county in Idaho and the statewide per capita personal income 27 level for the most current preceding three (3) calendar years. The 28 levels thus certified shall apply to the calculation of the credit 29 under subsection (2)(b)(i) of this section for property qualifying in 30 the taxable year beginning during the next calendar year. 31 (3) As used in this section the term "qualified investment" shall be 32 defined as in section 63-3029B, Idaho Code. 33 (4) The credit allowed by subsection (1) of this section together with 34 any credits carried forward under subsection (6) of this section shall not 35 exceed in any one (1) taxable year the lesser of: 36 (a) The amount of tax due under sections 63-3024, 63-3025 and 63-3025A, 37 Idaho Code, after allowance for all other credits permitted by this chap- 38 ter; or 39 (b) Five hundred thousand dollars ($500,000). 40 (5) In the case of a group of corporations filing a combined report under 41 subsection (t) of section 63-3027, Idaho Code, credit earned by one (1) member 42 of the group but not used by that member may be used by another member of the 43 group, subject to the provisions of subsection (6) of this section, instead of 44 carried over. For a combined group of corporations, credit carried forward may 45 be claimed by any member of the group unless the member who earned the credit 46 is no longer included in the combined group. 47 (6) If the credit allowed by subsection (1) of this section exceeds the 48 limitation under subsection (4) of this section, the excess amount may be car- 49 ried forward for a period that does not exceed the next fourteen (14) taxable 50 years. 51 (7) In the event that property upon which the credit allowed by this sec- 52 tion has been used ceases to qualify for the credit allowed by section 53 63-3029B, Idaho Code, the recapture of credit under this section shall be in 54 the same proportion and subject to the same provisions as the amount of credit 55 required to be recaptured under section 63-3029B, Idaho Code. 14 1 (8) (a) Subject to the requirements of this subsection, a taxpayer enti- 2 tled to the credit or to an unused portion of the credit allowed by this 3 section may transfer the unused credit to another taxpayer required to 4 file a return under this chapter. 5 (b) Before completing a transfer under this subsection, the transferor 6 shall notify the state tax commission of its intention to transfer the 7 credit and the identity of the transferee. The state tax commission shall 8 provide the transferor with a written statement of the amount of credit 9 available under this section as then appearing in the commission's records 10 and the number of years the credit may be carried over. The transferor 11 shall provide the transferee with the original statement. The transferee 12 shall attach a copy of the statement to any return in regard to which the 13 transferred credit is claimed. 14 (c) In the event that after the transfer the state tax commission deter- 15 mines that the amount of credit properly available under this section is 16 less than the amount claimed by the transferor of the credit and shown in 17 the statement described in subsection (8)(b) of this section or that the 18 credit is subject to recapture, the commission shall assess the amount of 19 overstated credit as taxes due from the transferor and not the transferee. 20 The assessment shall be made in the manner provided for a deficiency in 21 taxes under this chapter. 22 (9) In addition to other needed rules, the state tax commission may pro- 23 mulgate rules prescribing: 24 (a) In the case of S corporations, partnerships, trusts or estates, a 25 method of attributing the credit under this section to the shareholders, 26 partners or beneficiaries in proportion to their share of the income from 27 the S corporation, partnership, trust or estate. 28 (b) A requirement that a transferor under subsection (8) of this section, 29 prior to obtaining the written statement provided in subsection (8)(b) of 30 this section, post such bond or security as the state tax commission may 31 require to secure any liability referred to in subsection (8)(c) of this 32 section. Such rules shall provide an opportunity for a taxpayer, upon a 33 showing of financial responsibility, to have the bond waiver, for notice 34 of denial of waiver in accordance with section 63-3045, Idaho Code, and 35 for review in accordance with section 63-3045B, Idaho Code. 36 SECTION 13. That Section 63-3029E, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 63-3029E. DEFINITIONS -- CONSTRUCTION OF TERMS. As used in this section 39 and in section 63-3029F, Idaho Code: 40 (1) (a) "New employee" means a person from whom Idaho income tax has been 41 withheld, employed by the taxpayer,in a revenue-producing enterprise cre-42ating value-added natural resource products,and covered for unemployment 43 insurance purposes under chapter 13, title 72, Idaho Code, during the tax- 44 able year for which the credit allowed by section 63-3029F, Idaho Code, is 45 claimed. A person shall be deemed to be so engaged if such person performs 46 duties on: 47 (i) A regular full-time basis; or 48 (ii) A part-time basis if such person is customarily performing such 49 duties at least twenty (20) hours per week. 50 No credit shall be earned unless the new employee shall have performed 51 such duties for the taxpayer for a minimum of nine (9) months during the 52 taxable year for which the credit is claimed. 53 (b) The provisions of paragraph (a) of this subsection notwithstanding, 15 1 no credit shall be allowed for employment of persons by a taxpayer who 2 acquires a revenue-producing enterprise from another taxpayer or who oper- 3 ates in a place of business the same or a substantially identicalrevenue-4producing value-added natural resource products enterprisebusiness as 5 operated by another taxpayer within the prior twelve (12) months, except 6 as the prior taxpayer would have qualified under the provisions of para- 7 graph (c) of this subsection. Employees transferred from a related tax- 8 payer shall not be included in the computation of the credit. 9 (c) The number of employees during any taxable year for any taxpayer 10 shall be the mathematical average of the number of employees reported to 11 the Idaho department of labor for employment security purposes during the 12 twelve (12) months of the taxable year which qualified under paragraph (a) 13 of this subsection. In the event the business is in operation for less 14 than the entire taxable year, the number of employees of the business for 15 the year shall be the average number actually employed during the months 16 of operation, providing that the qualifications of paragraph (a) of this 17 subsection are met. 18 (2)"Revenue-producing enterprise" means the production, assembly, fabri-19cation, manufacture or processing of any natural resource product.20(3)"Same or a substantially identicalrevenue-producing enterprisebusi- 21 ness" means arevenue-producing enterprisebusiness in which the products pro- 22 duced or sold, or the activities conducted are the same in character and use 23 and are produced, sold or conducted in the same manner as, or for the same 24 types of customers as, the products or activities produced, sold or conducted 25 in anotherrevenue-producing enterprisebusiness. 26 SECTION 14. That Section 63-3029F, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 63-3029F. SPECIAL CREDIT AVAILABLE -- NEW EMPLOYEES. (1) Any taxpayer 29 shall be allowed a credit, in an amount determined under subsection (2) of 30 this section, against the tax imposed by this chapter, other than the tax 31 imposed by section 63-3082, Idaho Code, for any taxable year during which the 32 taxpayer's employment of new employees, as defined under section 63-3029E(1), 33 Idaho Code, increases above the taxpayer's average employment for either: (a) 34 the prior taxable year, or (b) the average of three (3) prior taxable years, 35 whichever is higher. No credit shall be allowed under this section unless the 36 number of new employees equals or exceeds one (1) person. 37 (2) The credit authorized in subsection (1) of this section shall be five 38 hundred dollars ($500) per new employee, but the total credit allowed shall 39 not exceed three and one-quarter percent (3.25%) of net income from the 40 taxpayer's corporate, proprietorship, partnership, small business corporation 41 or limited liability companyrevenue-producing enterprisebusiness in which 42 the employment occurred. Additionally, the total of this and all other credits 43 allowed under this chapter except for the credits allowed under sections 44 63-3024A, 63-3025D and 63-3029, Idaho Code, taken during any taxable year 45 shall not exceed forty-five percent (45%) of the tax otherwise imposed on the 46 taxpayer for the taxable year for which such credit is allowed. 47 (3) If the sum of the credit carryovers from the credit allowed by sub- 48 section (2) of this section and the amount of credit for the taxable year from 49 the credit allowed by subsection (2) of this section exceed the limitation 50 imposed by subsection (2) of this section for the current taxable year, the 51 excess attributable to the current taxable year's credit shall be a credit 52 carryover to the three (3) succeeding taxable years. The entire amount of 53 unused credit shall be carried forward to the earliest of the succeeding 16 1 years, wherein the oldest available unused credit shall be used first, so long 2 as the employment level for which the credit was granted is still maintained. 3 SECTION 15. That Sections 63-3029E and 63-3029F, Idaho Code, be, and the 4 same are hereby repealed. 5 SECTION 16. 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 63-3029E, Idaho Code, and to read as follows: 8 63-3029E. DEFINITIONS -- CONSTRUCTION OF TERMS. As used in this section 9 and in section 63-3029F, Idaho Code: 10 (1) (a) "New employee" means a person from whom Idaho income tax has 11 been withheld, employed by the taxpayer in a revenue-producing enterprise 12 creating value-added natural resource products, and covered for unemploy- 13 ment insurance purposes under chapter 13, title 72, Idaho Code, during the 14 taxable year for which the credit allowed by section 63-3029F, Idaho Code, 15 is claimed. A person shall be deemed to be so engaged if such person per- 16 forms duties on: 17 (i) A regular full-time basis; or 18 (ii) A part-time basis if such person is customarily performing such 19 duties at least twenty (20) hours per week. 20 No credit shall be earned unless the new employee shall have performed 21 such duties for the taxpayer for a minimum of nine (9) months during the 22 taxable year for which the credit is claimed. 23 (b) The provisions of paragraph (a) of this subsection notwithstanding, 24 no credit shall be allowed for employment of persons by a taxpayer who 25 acquires a revenue-producing enterprise from another taxpayer or who oper- 26 ates in a place of business the same or a substantially identical revenue- 27 producing value-added natural resource products enterprise as operated by 28 another taxpayer within the prior twelve (12) months, except as the prior 29 taxpayer would have qualified under the provisions of paragraph (c) of 30 this subsection. Employees transferred from a related taxpayer shall not 31 be included in the computation of the credit. 32 (c) The number of employees during any taxable year for any taxpayer 33 shall be the mathematical average of the number of employees reported to 34 the Idaho department of labor for employment security purposes during the 35 twelve (12) months of the taxable year which qualified under paragraph (a) 36 of this subsection. In the event the business is in operation for less 37 than the entire taxable year, the number of employees of the business for 38 the year shall be the average number actually employed during the months 39 of operation, providing that the qualifications of paragraph (a) of this 40 subsection are met. 41 (2) "Revenue-producing enterprise" means the production, assembly, fabri- 42 cation, manufacture or processing of any natural resource product. 43 (3) "Same or a substantially identical revenue-producing enterprise" 44 means a revenue-producing enterprise in which the products produced or sold, 45 or the activities conducted are the same in character and use and are pro- 46 duced, sold or conducted in the same manner as, or for the same types of cus- 47 tomers as, the products or activities produced, sold or conducted in another 48 revenue-producing enterprise. 49 SECTION 17. That Chapter 30, Title 63, Idaho Code, be, and the same is 50 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 51 ignated as Section 63-3029F, Idaho Code, and to read as follows: 17 1 63-3029F. SPECIAL CREDIT AVAILABLE -- NEW EMPLOYEES. (1) Any taxpayer 2 shall be allowed a credit, in an amount determined under subsection (2) of 3 this section, against the tax imposed by this chapter, other than the tax 4 imposed by section 63-3082, Idaho Code, for any taxable year during which the 5 taxpayer's employment of new employees, as defined under section 63-3029E(1), 6 Idaho Code, increases above the taxpayer's average employment for either: (a) 7 the prior taxable year, or (b) the average of three (3) prior taxable years, 8 whichever is higher. No credit shall be allowed under this section unless the 9 number of new employees equals or exceeds one (1) person. 10 (2) The credit authorized in subsection (1) of this section shall be five 11 hundred dollars ($500) per new employee, but the total credit allowed shall 12 not exceed three and one-quarter percent (3.25%) of net income from the 13 taxpayer's corporate, proprietorship, partnership, small business corporation 14 or limited liability company revenue-producing enterprise in which the employ- 15 ment occurred. Additionally, the total of this and all other credits allowed 16 under this chapter except for the credits allowed under sections 63-3024A, 17 63-3025D and 63-3029, Idaho Code, taken during any taxable year shall not 18 exceed forty-five percent (45%) of the tax otherwise imposed on the taxpayer 19 for the taxable year for which such credit is allowed. 20 (3) If the sum of the credit carryovers from the credit allowed by sub- 21 section (2) of this section and the amount of credit for the taxable year from 22 the credit allowed by subsection (2) of this section exceed the limitation 23 imposed by subsection (2) of this section for the current taxable year, the 24 excess attributable to the current taxable year's credit shall be a credit 25 carryover to the three (3) succeeding taxable years. The entire amount of 26 unused credit shall be carried forward to the earliest of the succeeding 27 years, wherein the oldest available unused credit shall be used first, so long 28 as the employment level for which the credit was granted is still maintained. 29 SECTION 18. The provisions of Sections 5, 6, 8, 12, 13 and 14 of this act 30 are hereby declared to be nonseverable from other provisions within each sec- 31 tion and if any provision of any of those sections or the application of such 32 provision to any person or circumstance is declared invalid for any reason, 33 such declaration shall render the entire section invalid but not other sec- 34 tions of this act. 35 SECTION 19. An emergency existing therefor, which emergency is hereby 36 declared to exist, Sections 1 through 14 and Section 18 of this act shall be 37 in full force and effect on and after passage and approval, and retroactively 38 to January 1, 2001. Sections 15, 16 and 17 of this act shall be in full force 39 and effect on and after January 1, 2002.". 40 CORRECTION TO TITLE 41 On page 1, delete lines 2 through 46; and on page 2, delete lines 1 42 through 35, and insert: 43 "RELATING TO TAXATION AND TAX RELIEF; AMENDING SECTION 63-3024, IDAHO CODE, TO 44 PROVIDE FOR PERSONAL INCOME TAX RATES FOR TAXABLE YEAR 2001 AND TO PROVIDE 45 FOR PERSONAL INCOME TAX RATES FOR TAXABLE YEAR 2002 AND EACH YEAR THEREAF- 46 TER; AMENDING SECTION 63-3024A, IDAHO CODE, TO INCREASE THE INCOME TAX 47 CREDIT FOR SALES TAXES PAID BY CERTAIN INDIVIDUALS AND TO MAKE TECHNICAL 48 CORRECTIONS; AMENDING SECTION 63-3025, IDAHO CODE, TO PROVIDE THE CORPO- 49 RATE INCOME TAX RATE FOR TAXABLE YEAR 2001 AND TO PROVIDE THE CORPORATE 50 INCOME TAX RATE FOR TAXABLE YEAR 2002 AND EACH YEAR THEREAFTER; AMENDING 51 SECTION 63-3025A, IDAHO CODE, TO REDUCE THE CORPORATE FRANCHISE TAX RATE 52 FROM EIGHT PERCENT TO THE RATE OF THE CORPORATE INCOME TAX AND TO MAKE 18 1 TECHNICAL CORRECTIONS; AMENDING SECTION 63-3029B, IDAHO CODE, TO PROVIDE 2 THAT TAXPAYERS MAKING EXPENDITURES FOR QUALIFIED BROADBAND EQUIPMENT ARE 3 ENTITLED TO THE CREDIT AND TO REVISE PROCEDURES FOR RECAPTURE; AMENDING 4 CHAPTER 30, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 5 63-3029G, IDAHO CODE, TO PROVIDE AN INCOME TAX CREDIT FOR CERTAIN EXPENDI- 6 TURES RELATING TO RESEARCH ACTIVITIES CONDUCTED IN IDAHO FOR TAXABLE YEAR 7 2001, TO PROVIDE A CARRYOVER OF UNUSED CREDITS, TO PROVIDE DEFINITIONS AND 8 TO PROVIDE PROCEDURES; AMENDING SECTION 63-3029H, IDAHO CODE, TO REDESIG- 9 NATE THE SECTION; AMENDING CHAPTER 30, TITLE 63, IDAHO CODE, BY THE ADDI- 10 TION OF A NEW SECTION 63-3029I, IDAHO CODE, TO PROVIDE AN INCOME TAX 11 CREDIT FOR CERTAIN EXPENDITURES RELATING TO HIGH SPEED BROADBAND COMMUNI- 12 CATIONS ACCESS IN IDAHO FOR TAXABLE YEAR 2001, TO PROVIDE A CARRYOVER OF 13 UNUSED CREDITS, TO PROVIDE DEFINITIONS AND TO PROVIDE PROCEDURES; AMENDING 14 CHAPTER 30, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 15 63-3022P, IDAHO CODE, TO PROVIDE, WITH RESPECT TO A TAXPAYER, AN AMOUNT 16 EQUAL TO THE AMOUNT PAID BY THE TAXPAYER DURING THE TAXABLE YEAR FOR 17 INSURANCE WHICH CONSTITUTES MEDICAL CARE FOR THE TAXPAYER AND THE SPOUSE 18 AND DEPENDENTS OF THE TAXPAYER WHICH IS NOT OTHERWISE DEDUCTED BY THE TAX- 19 PAYER FOR FEDERAL INCOME TAX PURPOSES SHALL BE ALLOWED AS A DEDUCTION 20 AGAINST TAXABLE INCOME, AND TO PROVIDE A DEFINITION OF "INSURANCE WHICH 21 CONSTITUTES MEDICAL CARE"; AMENDING CHAPTER 6, TITLE 63, IDAHO CODE, BY 22 THE ADDITION OF A NEW SECTION 63-602EE, IDAHO CODE, TO PROVIDE THAT CER- 23 TAIN TANGIBLE PERSONAL PROPERTY IS EXEMPT FROM TAXATION; AMENDING SECTION 24 63-3067, IDAHO CODE, TO PROVIDE FOR REMITTANCE OF INCOME TAX MONEYS TO 25 REPLACE PROPERTY TAXES ON CERTAIN PERSONAL PROPERTY EXEMPT FROM TAXATION, 26 TO PROVIDE A FORMULA AND TO MAKE A TECHNICAL CORRECTION; AMENDING CHAPTER 27 30, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 63-3029J, IDAHO 28 CODE, TO PROVIDE AN INCOME TAX CREDIT FOR CERTAIN EXPENDITURES RELATING TO 29 INVESTMENT IN AREAS IN IDAHO WITH HIGH UNEMPLOYMENT OR LOW PERSONAL INCOME 30 AT THE ELECTION OF THE TAXPAYER FOR TAXABLE YEAR 2001, TO PROVIDE A CARRY- 31 OVER OF UNUSED CREDITS, TO PROVIDE DEFINITIONS AND TO PROVIDE PROCEDURES; 32 AMENDING SECTIONS 63-3029E AND 63-3029F, IDAHO CODE, TO EXPAND THE NEW 33 JOBS CREDIT BY REMOVING THE LIMITATION OF QUALIFYING TAXPAYERS TO REVENUE- 34 PRODUCING ENTERPRISE CREATING VALUE-ADDED NATURAL RESOURCE PRODUCTS; 35 REPEALING SECTIONS 63-3029E AND 63-3029F, IDAHO CODE; AMENDING CHAPTER 30, 36 TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 63-3029E, IDAHO 37 CODE, TO PROVIDE DEFINITIONS AND CONSTRUCTION OF TERMS; AMENDING CHAPTER 38 30, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 63-3029F, IDAHO 39 CODE, TO PROVIDE SPECIAL CREDITS TO THE INCOME TAX FOR NEW EMPLOYEES FOR 40 AN ENTERPRISE THAT PRODUCES, ASSEMBLES, FABRICATES OR PROCESSES NATURAL 41 RESOURCE PRODUCTS; PROVIDING FOR NONSEVERABILITY OF CERTAIN PROVISIONS OF 42 THIS ACT; DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION FOR 43 CERTAIN PROVISIONS OF THIS ACT, AND PROVIDING AN EFFECTIVE DATE FOR CER- 44 TAIN PROVISIONS OF THIS ACT.".
STATEMENT OF PURPOSE RS 11142 This income tax and property tax relief bill reduces all individual income tax rates by 0.2 percentage point for Tax Year 2001, then lowers these rates an additional 0.3 percentage point beginning in Tax Year 2002. Rebates 10.6% of 1999 income tax paid to individuals subject to a $25 minimum and $2,500 maximum. Permanently increases grocery tax credit $15 for everyone. It permanently reduces the corporate income tax rate 0.3 percentage point for Taxable Year 2001 and an additional 0.2 percentage point beginning in Tax Year 2002. It expands the current capital gains exclusion from 60% to 100% for certain tangible assets, and adds capital gain elimination for non-individual taxpayers. It provides five new or expanded credits for Idaho business development including: research and development expenditures, creation of new jobs, providing new venture capital credit, installing broadband communications equipment credit and investing in counties with high unemployment or low personal income. It changes the child care deduction to a credit equal to half the federal credit and income tax credit for at-home parent of $150 for each qualifying child, two children maximum. It permanently increases the elderly dependant care credit from $100 to $500. For the taxable year 2001, only, income tax credit for personal property for agricultural machinery and equipment FISCAL IMPACT FY 2001 FY 2002 FY 2003 Reduce individual income tax rates $29.2 $76.5 Reduce corporate income tax rates 5.1 8.5 Increase grocery tax credit, $15 16.8 16.9 Business Credits: Research and Development 7.0 7.7 New Jobs Credit 1.5 1.5 Incentive ITC 7.2 7.2 Venture Capital 2.0 2.0 Broadband ITC 3.5 3.5 Child Care $1.5 Stay at-home parent 6.6 8.1 8.1 Elderly Dependent Care Credit 1.2 1.2 Capital Gains Tax (eliminate 40% portion) 8.7 8.7 Eliminate Capital Gains Tax for Non Individual Taxpayer 6.6 6.6 Subtotal $96.9 $148.4 Personal Property Credit AG Machinery and Equipment 12.4 N/A Individual Rebate $91.0 N/A N/A TOTAL REDUCTION IN GENERAL FUND $91.0 $109.3 $148.4 Contact Name: Representative Dolores Crow Phone: 332 1000 STATEMENT OF PURPOSE/FISCAL NOTE H 275