2001 Legislation
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HOUSE BILL NO. 385 – Income tax, rebate

HOUSE BILL NO. 385

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Daily Data Tracking History



H0385...............................................by REVENUE AND TAXATION
INCOME TAX - REBATE - Adds to existing law to provide a rebate of income
taxes paid by individuals for taxable year 1999.
                                                                        
03/29    House intro - 1st rdg - to printing
03/29    Rpt prt - to 2nd rdg
    Rls susp - PASSED - 43-25-2
      AYES -- Barraclough, Black, Bolz, Bradford, Bruneel, Callister,
      Collins, Crow, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gould, Hammond, Hansen, Harwood, Hornbeck, Kellogg, Kunz,
      Langford, Mader, McKague, Montgomery, Moss, Moyle, Pischner, Pomeroy,
      Raybould, Ridinger, Roberts, Sali, Schaefer, Smylie, Stevenson,
      Stone, Tilman, Wheeler, Wood, Young(Young), Mr. Speaker
      NAYS -- Barrett, Bedke, Bell, Bieter, Boe, Chase, Clark, Gagner,
      Hadley, Henbest(Farley), Higgins, Jaquet, Jones, Kendell, Lake,
      Loertscher, Marley, Meyer, Mortensen, Pearce, Robison, Sellman,
      Shepherd, Smith, Trail
      Absent and excused -- Campbell, Cuddy
    Floor Sponsor -- Crow
    Title apvd - to Senate
03/29    Senate intro - 1st rdg - to Loc Gov

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 385
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO INCOME TAX RELIEF; AMENDING CHAPTER 30, TITLE 63, IDAHO  CODE,  BY
  3        THE  ADDITION OF A NEW SECTION 63-3081, IDAHO CODE, TO PROVIDE A REBATE OF
  4        INCOME TAXES PAID BY INDIVIDUALS FOR TAXABLE YEARS BEGINNING IN  1999,  TO
  5        DETERMINE  THE  RATE OF THE REBATE, TO SET MAXIMUM AND MINIMUM AMOUNTS, TO
  6        PROVIDE PROCEDURES, TO APPROPRIATE  MONEYS  AND  TO  AUTHORIZE  CONTRACTS;
  7        DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION  1.  That  Chapter  30,  Title 63, Idaho Code, be, and the same is
 10    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 11    ignated as Section 63-3081, Idaho Code, and to read as follows:
                                                                        
 12        63-3081.  REBATE  OF  INCOME  TAX.  (1) Subject to the limitations of this
 13    section, in regard to each individual income tax return required to  be  filed
 14    pursuant  to  section  63-3030,  Idaho Code, and that is actually filed, for a
 15    twelve (12) month taxable year beginning in 1999 for which tax is  imposed  by
 16    section  63-3024,  Idaho Code, on at least one dollar ($1.00) of Idaho taxable
 17    income, the state tax commission shall, on a one-time  basis,  rebate  to  the
 18    taxpayer  named  on  the return the amount specified in subsection (2) of this
 19    section. In the case of a joint return, the rebate shall be paid to both  tax-
 20    payers jointly.
 21        (2)  (a)  The  rebate  provided by subsection (1) of this section shall be
 22        ten and six-tenths percent (10.6%) of the amount  of  tax  computed  under
 23        section 63-3024, Idaho Code, reduced by credits provided by:
 24             (i)   Section  63-3029, Idaho Code, relating to taxes paid to another
 25             state;
 26             (ii)  Sections 63-3029A and 63-3029C, Idaho Code, relating to certain
 27             charitable contributions;
 28             (iii) Section 63-3029B, Idaho Code, relating to capital investments;
 29             (iv)  Section 63-3029D, Idaho Code, relating to  qualified  equipment
 30             utilizing postconsumer waste or postindustrial waste.
 31        (b)  When  the  amount of a rebate payable under subsection (2)(a) of this
 32        section is less than twenty-five  dollars  ($25.00),  the  amount  of  the
 33        rebate  shall be twenty-five dollars ($25.00). When the amount of a rebate
 34        payable under subsection (2)(a) of this section is more than two  thousand
 35        five hundred dollars ($2,500), the amount of the rebate shall be two thou-
 36        sand  five hundred dollars ($2,500). In the case of married taxpayers fil-
 37        ing separate returns, only one (1) minimum  or  maximum  rebate  shall  be
 38        paid.
 39        (3)  No  rebate  shall  be  paid  pursuant  to this section in regard to a
 40    return described in subsection (1) of this section if the return is not  filed
 41    within  three (3) years of the original due date of the return, without regard
 42    to extensions. In the event that the amount of  tax  due  on  a  return  filed
 43    within  the  time  required  by  this subsection is amended by the taxpayer or
                                                                        
                                           2
                                                                        
  1    changed by the state tax commission the rebate provided by this section  shall
  2    be  adjusted  proportionally.  The  state  tax  commission may offset a rebate
  3    against taxes assessed the taxpayer but unpaid.
  4        (4)  In the case of a short period return, the rebates  provided  by  this
  5    section shall be reduced in proportion to the portion of calendar year 1999 to
  6    which the return applies.
  7        (5)  Except  as  provided  in this subsection, no application for a rebate
  8    provided in this section shall be required. The  state  tax  commission  shall
  9    cause  each  rebate  to  be mailed to the taxpayer or taxpayers at the address
 10    shown on the return, unless, as a result of a  more  recent  return,  a  newer
 11    address  is  shown  on  the commission's records. The state tax commission may
 12    provide a procedure by which rebates that are returned or undeliverable may be
 13    claimed.
 14        (6)  Any person aggrieved by any action of the  state  tax  commission  in
 15    regard  to the rebates provided in this section shall file a petition with the
 16    state tax commission in the manner provided in section  63-3045,  Idaho  Code.
 17    Such  a petition shall be subject to administrative and judicial review in the
 18    manner provided by sections 63-3045 through 63-3049, Idaho Code.
 19        (7)  Rebates authorized by this section  shall  be  paid  from  the  state
 20    refund  account  established  by  section  63-3067, Idaho Code, from which the
 21    amounts necessary to pay the rebates are hereby  appropriated.  In  the  event
 22    that,  at  the  time the rebates are paid, there is an insufficient balance in
 23    the state refund account, the state board of examiners,  upon  application  by
 24    the  state  tax  commission,  shall transfer sufficient funds from the general
 25    fund to make the rebate payments and any other refunds due  and  payable  from
 26    the state refund account.
 27        (8)  The  state tax commission, the state treasurer and the state control-
 28    ler may contract with a commercial bank for  some  or  all  of  the  services,
 29    including issuing payments, relating to payment of the rebate provided in this
 30    section.
                                                                        
 31        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 32    declared to exist, this act shall be in full force and effect on and after its
 33    passage and approval, and retroactively to January 1, 2001.

Statement of Purpose / Fiscal Impact


                 STATEMENT OF PURPOSE

                      RS 11316

Provides a 10.6% rebate of income taxes paid by individuals for 
taxes paid in 1999. Rebate has a minimum of $25 and a maximum of
$2,500



FISCAL IMPACT


$91.0 million from the General Fund in Fiscal Year 2001.





Contact
Name:	Representative Crow
Phone:	332-1000

STATEMENT OF PURPOSE/FISCAL NOTE		H 385