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H0190...............................................by REVENUE AND TAXATION INCOME TAX - GROCERY CREDIT - Amends existing law to provide an annual adjustment to the grocery credit against income taxes allowed to individuals to reflect the increase in the Consumer Price Index. 02/08 House intro - 1st rdg - to printing 02/09 Rpt prt - to Rev/Tax
H0190|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 190 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO INCOME TAXES; AMENDING SECTION 63-3024A, IDAHO CODE, TO PROVIDE 3 FOR AN ANNUAL ADJUSTMENT IN THE CREDIT AGAINST INCOME TAXES PROVIDED TO 4 INDIVIDUALS AND TO MAKE TECHNICAL CORRECTIONS. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 63-3024A, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 63-3024A. CREDITS AND REFUNDS. (a1 ) Any resi- 9 dent individual not entitled to the credit allowed in subsection (b102 )(1a ) of this section 11 , who is required to file by law and who has filed an Idaho income tax 12 return, shall be allowed a credit against taxes due under the Idaho income tax 13 act equal to the amount of fifteen dollars ($15.00) for each personal exemp- 14 tion for which a deduction is permitted by section 151(b) and (c) of the 15 Internal Revenue Code if such deduction is claimed on the taxpayer's Idaho 16 income tax return, and if the individual for whom the deduction is claimed is 17 a resident of the state of Idaho. If taxes due are less than the total credit 18 allowed, the taxpayer shall be paid a refund equal to the balance of the 19 unused credit. If the credit or refund is not claimed for the year for which 20 the individual income tax return is filed, the right thereafter to claim such 21 credit or refund shall be forfeited. The state tax commission shall prescribe 22 the method by which the refund, if any, is to be made to the taxpayer. 23 (b2 ) (1a ) A resident 24 individual who has reached his sixty-fifth birthday before the end of his 25 taxable year, who is required to file by law and who has filed an Idaho 26 income tax return, shall be allowed a credit against taxes due under the 27 Idaho income tax act equal to the amount of thirty dollars ($30.00) for 28 each personal exemption representing himself, a spouse over the age of 29 sixty-five (65), or a dependent over the age of sixty-five (65), but shall 30 be allowed a credit against taxes due under the Idaho income tax act31equal to fifteen dollars ($15.00)as provided in subsection 32 (1) of this section for each personal exemption representing a 33 spouse or dependent under the age of sixty-five (65). If taxes due are 34 less than the total credit allowed, the taxpayer shall be paid a refund 35 equal to the balance of the unused credit. If the credit or refund is not 36 claimed for the year for which the individual income tax return is filed, 37 the right thereafter to claim such credit or refund shall be forfeited. 38 The state tax commission shall prescribe the method by which the refund, 39 if any, is to be made to the taxpayer. 40 (2b ) A resident individual who has reached his 41 sixty-fifth birthday and is not required by law to file an Idaho income 42 tax return and who has received no credit or refund under any other sub- 43 section of this section, shall be entitled to a refundof thirty2 1dollars ($30.00)equal to the amount of credit provided in 2 subsection (2)(a) of this section . Any refund shall be paid to such 3 individual only upon his making application therefor at such time and in 4 such manner as may be prescribed by the state tax commission. 5 (c3 ) A resident individual of the state of 6 Idaho who is: 7 (ia )bB lind,8; or 9 (iib )aA disabled 10 American veteran of any war engaged in by the United States, whose dis- 11 ability is recognized as a service connected disability of a degree of ten 12per centpercent (10%) or more, or who is in 13 receipt of a pension for nonservice connected disabilities, in accordance 14 with laws and regulations administered by the United States veterans 15 administration, substantiated by a statement as to status signed by a 16 responsible officer of the United States veterans administration,17; or 18 (iiic )oO ver sixty- 19 two (62) years of age, and has been allowed none, or less than all, of 20 the credit provided by subsection (a1 ) or 21 subsection (b2 ) of this section, shall be enti- 22 tled to a payment from the refund fund in an amount equal tofifteen23dollars ($15.00), orthe balance of his unused credit, which-24ever is less,upon making application therefor at such time and in 25 such manner as the state tax commission may prescribe. 26 (d4 ) Any part-year resident entitled to a 27 credit under this section shall receive a proportionate credit, in the manner 28 above provided, reflecting the part of the year in which he was domiciled in 29 this state. 30 (e5 ) No credit or refund may be claimed for an 31 exemption which represents a person who has himself filed an Idaho income tax 32 return claiming a deduction for his own personal exemption, and in no event 33 shall more than one (1) taxpayer be allowed a credit or refund for the same 34 exemption, or under more than one (1) subsection of this section. 35 (f6 ) The refunds authorized by this section 36 shall be paid from the state refund fund in the same manner as the refunds 37 authorized by section 63-3067, Idaho Code. 38 (g7 ) An application for any refund which is due 39 and payable under the provisions of this section must be filed with the state 40 tax commission within three (3) years of: 41 (ia )tT he due date, 42 including extensions, of the return required under section 63-3030, 43 Idaho Code, if the applicant is required to file a return,44; or 45 (iib )tT he 15th day 46 of April of the year following the year to which the application relates 47 if the applicant is not required to file a return. 48 (8) Commencing in tax years beginning after December 31, 1999, the 49 credit or refund specified in subsection (1) of this section shall be 50 increased in an amount equal to 1.5 times the rate of increase in the consumer 51 price index (CPI), as reported by the U.S. bureau of labor statistics, for the 52 preceding year, until such time as the credit has reached a level equivalent 53 to twenty-five dollars ($25.00) in 1974 dollars, as determined by the state 54 tax commission. Thereafter the credit specified in subsection (1) of this sec- 55 tion shall be increased each year in proportion to the rate of increase in the 3 1 CPI for the preceding year. 2 (9) Commencing in tax years beginning after December 31, 1999, the credit 3 or refund specified in subsection (2) of this section shall be increased in 4 proportion to the rate of increase in the CPI as reported by the U.S. bureau 5 of labor statistics for the preceding year. 6 (10) All credits calculated pursuant to this section shall be rounded to 7 the nearest whole dollar for purposes of the amount used on any year's tax 8 return. The minimum increase in credits calculated pursuant to subsection (8) 9 or (9) of this section in any year shall be one dollar ($1.00).
STATEMENT OF PURPOSE RS08526 This bill increases the amount of the income tax grocery credit by 1.5 times the rate of inflation (with at least a $1 increase per year) until such time as the income tax grocery credit reaches an inflation-adjusted level equivalent to $2s in 1974 dollars. In the case of the grocery credit for seniors (over 65) the credit is increased each year by the rate of inflation, with a minimum increase of $1 per year. FISCAL IMPACT This bill will cause an estimated reduction in general fund revenue of $1.1 million in FY 2001, $2.3 million in FY 2002, $3.s million in FY 2003, and so on. CONTACT Names: Rep. Margaret Henbest and Rep. Wayne Meyer Statement of Purpose/Fiscal Impact H 190