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H0308aa.............................................by REVENUE AND TAXATION COUNTY TAXES - Adds to existing law to clarify when a county tax is imposed; to clarify the imposition of county taxes for sales and leases of motor vehicles, vessels, all-terrain vehicles, trailers, off-road motorcycles and snowmobiles; and to clarify the imposition of county taxes for leases and rentals of tangible personal property. 03/08 House intro - 1st rdg - to printing 03/09 Rpt prt - to Rev/Tax 03/22 Rpt out - to Gen Ord Rpt out amen - to engros 03/23 Rpt engros - 1st rdg - to 2nd rdg as amen 03/24 2nd rdg - to 3rd rdg as amen 03/28 Ret'd to Rev/Tax
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 308 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO TAXATION; AMENDING CHAPTER 26, TITLE 63, IDAHO CODE, BY THE ADDI- 3 TION OF A NEW SECTION 63-2606, IDAHO CODE, TO CLARIFY WHEN A COUNTY TAX IS 4 IMPOSED; AMENDING CHAPTER 26, TITLE 63, IDAHO CODE, BY THE ADDITION OF A 5 NEW SECTION 63-2607, IDAHO CODE, TO CLARIFY THE IMPOSITION OF COUNTY TAXES 6 FOR SALES AND LEASES OF MOTOR VEHICLES, VESSELS, ALL-TERRAIN VEHICLES, 7 TRAILERS, OFF-ROAD MOTORCYCLES AND SNOWMOBILES; AND AMENDING CHAPTER 26, 8 TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 63-2608, IDAHO 9 CODE, TO CLARIFY THE IMPOSITION OF COUNTY TAXES FOR LEASES AND RENTALS OF 10 TANGIBLE PERSONAL PROPERTY. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Chapter 26, 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 63-2606, Idaho Code, and to read as follows: 15 63-2606. COUNTY IN WHICH TAX APPLIES. (1) Except as provided in sections 16 63-2607 and 63-2608, Idaho Code, the applicable county tax shall be the tax 17 imposed by the county in which the purchaser accepts delivery of the goods or 18 services. If the seller or a carrier or other third party hired by the seller 19 delivers the goods or services, the acceptance occurs in the county in which 20 the goods or services were delivered. 21 (2) When subsection (1) of this section does not apply, the tax shall 22 apply according to the address of the purchaser that is available from the 23 business records of the seller maintained in the ordinary course of the 24 seller's business, provided the use of this address does not constitute bad 25 faith. 26 SECTION 2. That Chapter 26, 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 63-2607, Idaho Code, and to read as follows: 29 63-2607. SALES AND LEASES OF MOTOR VEHICLES, VESSELS, ALL-TERRAIN VEHI- 30 CLES, TRAILERS, OFF-ROAD MOTORCYCLES, AND SNOWMOBILES. (1) For retail sales 31 and for leases that require periodic payments of motor vehicles, vessels, all- 32 terrain vehicles (ATVs), trailers, off-road motorcycles and snowmobiles, the 33 applicable county tax shall be the tax imposed by the county in which the 34 address on the application for registration is located, provided the use of 35 such address does not constitute bad faith. 36 (2) For purposes of this section and section 63-2608, Idaho Code: 37 (a) "All-terrain vehicle" is as defined in section 63-3622R, Idaho Code; 38 (b) "Motor vehicle" is as defined in section 63-3606B, Idaho Code; and 39 (c) "Vessel" is as defined in section 63-3622R, Idaho Code. 40 SECTION 3. That Chapter 26, Title 63, Idaho Code, be, and the same is 2 1 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 2 ignated as Section 63-2608, Idaho Code, and to read as follows: 3 63-2608. LEASES AND RENTALS. (1) For leases or rentals of tangible per- 4 sonal property requiring periodic payments, the applicable county tax for the 5 first periodic payment shall be determined in accordance with the provisions 6 of section 63-2606, Idaho Code. For subsequent payments, the applicable tax 7 shall be that of the county of the primary property location for each period 8 covered by the payment. The primary property location shall be as indicated by 9 an address for the property provided by the lessee that is available to the 10 lessor from its records maintained in the ordinary course of business, pro- 11 vided the use of this address does not constitute bad faith. The property 12 location shall not be altered by intermittent use at different locations, such 13 as use of business property that accompanies employees on business trips and 14 service calls. 15 (2) The applicable county tax for a short-term lease or rental for a sin- 16 gle payment shall be determined in accordance with the provisions of section 17 63-2606, Idaho Code. 18 (3) This section does not affect the imposition or computation of sales 19 or use tax on leases or rentals based on a lump sum or accelerated basis, or 20 on the acquisition of property for lease. 21 (4) This section does not apply to leases or rentals of motor vehicles, 22 vessels, all-terrain vehicles, off-road motorcycles or snowmobiles.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005Moved by Clark Seconded by Crow IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 308 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 17, delete "goods or"; in line 18, 3 delete "services" and insert: "items"; in line 19, delete "goods or services" 4 and insert: "items"; and in line 20, delete "goods or services" and insert: 5 "items".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 308, As Amended BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO TAXATION; AMENDING CHAPTER 26, TITLE 63, IDAHO CODE, BY THE ADDI- 3 TION OF A NEW SECTION 63-2606, IDAHO CODE, TO CLARIFY WHEN A COUNTY TAX IS 4 IMPOSED; AMENDING CHAPTER 26, TITLE 63, IDAHO CODE, BY THE ADDITION OF A 5 NEW SECTION 63-2607, IDAHO CODE, TO CLARIFY THE IMPOSITION OF COUNTY TAXES 6 FOR SALES AND LEASES OF MOTOR VEHICLES, VESSELS, ALL-TERRAIN VEHICLES, 7 TRAILERS, OFF-ROAD MOTORCYCLES AND SNOWMOBILES; AND AMENDING CHAPTER 26, 8 TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 63-2608, IDAHO 9 CODE, TO CLARIFY THE IMPOSITION OF COUNTY TAXES FOR LEASES AND RENTALS OF 10 TANGIBLE PERSONAL PROPERTY. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Chapter 26, 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 63-2606, Idaho Code, and to read as follows: 15 63-2606. COUNTY IN WHICH TAX APPLIES. (1) Except as provided in sections 16 63-2607 and 63-2608, Idaho Code, the applicable county tax shall be the tax 17 imposed by the county in which the purchaser accepts delivery of the items. If 18 the seller or a carrier or other third party hired by the seller delivers the 19 items, the acceptance occurs in the county in which the items were delivered. 20 (2) When subsection (1) of this section does not apply, the tax shall 21 apply according to the address of the purchaser that is available from the 22 business records of the seller maintained in the ordinary course of the 23 seller's business, provided the use of this address does not constitute bad 24 faith. 25 SECTION 2. That Chapter 26, Title 63, Idaho Code, be, and the same is 26 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 27 ignated as Section 63-2607, Idaho Code, and to read as follows: 28 63-2607. SALES AND LEASES OF MOTOR VEHICLES, VESSELS, ALL-TERRAIN VEHI- 29 CLES, TRAILERS, OFF-ROAD MOTORCYCLES, AND SNOWMOBILES. (1) For retail sales 30 and for leases that require periodic payments of motor vehicles, vessels, all- 31 terrain vehicles (ATVs), trailers, off-road motorcycles and snowmobiles, the 32 applicable county tax shall be the tax imposed by the county in which the 33 address on the application for registration is located, provided the use of 34 such address does not constitute bad faith. 35 (2) For purposes of this section and section 63-2608, Idaho Code: 36 (a) "All-terrain vehicle" is as defined in section 63-3622R, Idaho Code; 37 (b) "Motor vehicle" is as defined in section 63-3606B, Idaho Code; and 38 (c) "Vessel" is as defined in section 63-3622R, Idaho Code. 39 SECTION 3. That Chapter 26, Title 63, Idaho Code, be, and the same is 40 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 2 1 ignated as Section 63-2608, Idaho Code, and to read as follows: 2 63-2608. LEASES AND RENTALS. (1) For leases or rentals of tangible per- 3 sonal property requiring periodic payments, the applicable county tax for the 4 first periodic payment shall be determined in accordance with the provisions 5 of section 63-2606, Idaho Code. For subsequent payments, the applicable tax 6 shall be that of the county of the primary property location for each period 7 covered by the payment. The primary property location shall be as indicated by 8 an address for the property provided by the lessee that is available to the 9 lessor from its records maintained in the ordinary course of business, pro- 10 vided the use of this address does not constitute bad faith. The property 11 location shall not be altered by intermittent use at different locations, such 12 as use of business property that accompanies employees on business trips and 13 service calls. 14 (2) The applicable county tax for a short-term lease or rental for a sin- 15 gle payment shall be determined in accordance with the provisions of section 16 63-2606, Idaho Code. 17 (3) This section does not affect the imposition or computation of sales 18 or use tax on leases or rentals based on a lump sum or accelerated basis, or 19 on the acquisition of property for lease. 20 (4) This section does not apply to leases or rentals of motor vehicles, 21 vessels, all-terrain vehicles, off-road motorcycles or snowmobiles.
STATEMENT OF PURPOSE RS 15013 This legislation clarifies Idaho code dealing with optional county sales taxes for financing county jail facilities. The legislation adds three new sections to the statute that clarify which county's tax is to be imposed when two counties have an interest in the same transaction. The first section specifies that the applicable county tax will be the tax imposed by the county in which a purchaser accepts delivery of the goods or services. The second section specifies that the applicable county tax on most vehicle sales will be the tax imposed by the county in which the address on the application for registration is located. The third section specifies and clarifies the applicable county tax that will be imposed for leased or rented tangible personal property that requires periodic payments. FISCAL IMPACT None Contact Name: Sen. Joe Stegner - 332-1308 Sen. John Goedde - 332-1330 Rep. Bob Nonini - 332-1206 STATEMENT OF PURPOSE/FISCAL NOTE H 308