1999 Legislation
Print Friendly

HOUSE BILL NO. 203 – Income tax, married persons, deduct

HOUSE BILL NO. 203

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0203...............................................by REVENUE AND TAXATION
INCOME TAX - Adds to and amends existing law to provide that for taxable
years commencing on and after January 1, 1999, an additional deduction of
$150 shall be allowed in the case of a joint return where the standard
deduction is claimed; to provide procedures if the taxpayer does not make
the election; to provide for remittance of moneys to the Early Childhood
Development Fund; to provide for creation of the Early Childhood
Development Fund; to provide what the fund shall consist of; to provide for
return of interest earned on moneys of the fund to the fund; to provide for
disbursement of moneys; and to provide for perpetual appropriation.

02/09    House intro - 1st rdg - to printing
02/10    Rpt prt - to Rev/Tax

Bill Text


H0203


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fifth Legislature                 First Regular Session - 1999
                                                                        

                             IN THE HOUSE OF REPRESENTATIVES

                                    HOUSE BILL NO. 203

                            BY REVENUE AND TAXATION COMMITTEE

 1                                        AN ACT
 2    RELATING TO INCOME TAXES; AMENDING CHAPTER 30, TITLE 63, IDAHO  CODE,  BY  THE
 3        ADDITION  OF  A NEW SECTION 63-3022N, IDAHO CODE, TO PROVIDE THAT FOR TAX-
 4        ABLE YEARS COMMENCING ON AND AFTER JANUARY 1, 1999, AN  ADDITIONAL  DEDUC-
 5        TION  OF ONE HUNDRED FIFTY DOLLARS SHALL BE ALLOWED IN THE CASE OF A JOINT
 6        RETURN WHERE THE STANDARD DEDUCTION IS CLAIMED AND TO  PROVIDE  PROCEDURES
 7        IF  THE  TAXPAYER  DOES  NOT MAKE THE ELECTION; AMENDING SECTION 63-3067A,
 8        IDAHO CODE, TO PROVIDE FOR REMITTANCE OF MONEYS  TO  THE  EARLY  CHILDHOOD
 9        DEVELOPMENT  FUND  AND  TO  MAKE  A TECHNICAL CORRECTION; AMENDING SECTION
10        63-3067B, IDAHO CODE, TO PROVIDE FOR REMITTANCE OF  MONEYS  TO  THE  EARLY
11        CHILDHOOD  DEVELOPMENT  FUND  AND TO MAKE A TECHNICAL CORRECTION; AMENDING
12        CHAPTER 8, TITLE 57, IDAHO CODE, BY THE ADDITION OF A NEW SECTION  57-820,
13        IDAHO CODE, TO PROVIDE FOR THE CREATION OF THE EARLY CHILDHOOD DEVELOPMENT
14        FUND, TO PROVIDE WHAT THE FUND SHALL CONSIST OF, TO PROVIDE FOR THE RETURN
15        OF  INTEREST EARNED ON MONEYS OF THE FUND TO THE FUND, TO PROVIDE FOR DIS-
16        BURSEMENT OF MONEYS AND TO PROVIDE FOR PERPETUAL APPROPRIATION;  DECLARING
17        AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.

18    Be It Enacted by the Legislature of the State of Idaho:

19        SECTION  1.  That  Chapter  30,  Title 63, Idaho Code, be, and the same is
20    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
21    known and designated as Section 63-3022N, Idaho Code, and to read as follows:

22        63-3022N.  MARRIAGE PENALTY REDUCTION. (1) For taxable years commencing on
23    and  after  January 1, 1999, an additional deduction of one hundred fifty dol-
24    lars ($150) shall be allowed in the case of a joint return where the  standard
25    deduction as defined in section 63-3022, Idaho Code, is claimed.
26        (2)  If  the taxpayer does not make the election allowed by subsection (1)
27    of this section, the taxpayer shall be deemed to have made a binding  election
28    to  forego  the marriage tax penalty savings and donate any reduction for that
29    year in tax otherwise allowed by subsection (1) to the early childhood  devel-
30    opment fund created in section 57-820, Idaho Code.

31        SECTION  2.  That Section 63-3067A, Idaho Code, be, and the same is hereby
32    amended to read as follows:

33        63-3067A.  DESIGNATION BY INDIVIDUALS -- TRUST ACCOUNTS. (a)  Every  indi-
34    vidual who:
35        (i)   Has a refund due and payable for overpayment of taxes under this act
36        may  designate  all  or  any  portion  thereof  to be deposited in a trust
37        account specified in subsection (c) below; or
38        (ii)  Has an income tax liability may, in addition to his tax  obligation,
39        include a donation to be deposited in a trust account specified in subsec-
40        tion (c) of this section.
41        (b)  A designation under subsection (a) of this section may be made in any


                                         2

 1    taxable  year  in  such manner and form as prescribed by the state tax commis-
 2    sion. The manner and form so prescribed shall be a conspicuous portion of  the
 3    principal form provided for the purpose of individual taxation.
 4        (c)  The    trust  accounts     funds  authorized to
 5    receive moneys designated under subsection (a) of this section are:
 6        (i)   The fish and game set-aside account created by section 36-111, Idaho
 7        Code;
 8        (ii)  The Idaho ag in the classroom account  created  by  section  57-815,
 9        Idaho Code;
10        (iii) The  drug  enforcement  donation  account created by section 57-816,
11        Idaho Code;
12        (iv)  The children's trust account created by section 39-6007, Idaho Code;
13         and 
14        (v)   The United States olympic account created by section  57-817,  Idaho
15        Code, but no donation shall exceed five dollars ($5.00) ; and 
16          (vi)  The  early  childhood  development  fund  created  by section
17        57-820, Idaho Code .
18        (d)  Prior to the distribution of funds into any  of  the  trust  accounts
19    specified in subsection (c) of this section from the refund account, the state
20    tax  commission  shall  retain funds for the commission's costs for collecting
21    and administering the moneys in the accounts as follows: three  thousand  dol-
22    lars  ($3,000)  from  each account for start-up costs during the first year of
23    collections, and three thousand dollars ($3,000) or twenty  percent  (20%)  of
24    the moneys remitted to each account during the fiscal year, whichever is less,
25    from each account during each fiscal year thereafter, which amounts are hereby
26    appropriated to the tax commission.

27        SECTION  3.  That Section 63-3067B, Idaho Code, be, and the same is hereby
28    amended to read as follows:

29        63-3067B.  DESIGNATION BY INDIVIDUALS -- TRUST ACCOUNTS. (a)  Every  resi-
30    dent individual who:
31        (i)   Has a refund due and payable for overpayment of taxes under this act
32        may  designate  all  or  any  portion  thereof  to be deposited in a trust
33        account specified in subsection (c) below; or
34        (ii)  Has an income tax liability may, in addition to his tax  obligation,
35        include a donation to be deposited in a trust account specified in subsec-
36        tion (c) of this section.
37        (b)  A designation under subsection (a) of this section may be made in any
38    taxable  year  in  such manner and form as prescribed by the state tax commis-
39    sion. The manner and form so prescribed shall be a conspicuous portion of  the
40    principal form provided for the purpose of individual taxation.
41        (c)  The    trust  accounts     funds  authorized to
42    receive moneys designated under subsection (a) of this section are:
43        (i)   The fish and game set-aside account created by section 36-111, Idaho
44        Code;
45        (ii)  The Idaho ag in the classroom account  created  by  section  57-815,
46        Idaho Code;
47        (iii) The  drug  enforcement  donation  account created by section 57-816,
48        Idaho Code;
49        (iv)  The children's trust account created by section 39-6007, Idaho Code;
50        (v)   The United States olympic account created by section  57-817,  Idaho
51        Code, but no donation shall exceed five dollars ($5.00);
52        (vi)  The  Alzheimer's disease services account created in section 57-819,
53        Idaho Code;  and 


                                         3

 1        (vii) The community forestry trust  account  created  in  section  38-136,
 2        Idaho Code ; and 
 3          (viii) The  early  childhood  development  fund  created by section
 4        57-820, Idaho Code .
 5        (d)  Prior to the distribution of funds into any  of  the  trust  accounts
 6    specified in subsection (c) of this section from the refund account, the state
 7    tax  commission  shall  retain funds for the commission's costs for collecting
 8    and administering the moneys in the accounts as follows: three  thousand  dol-
 9    lars  ($3,000)  from  each account for start-up costs during the first year of
10    collections, and three thousand dollars ($3,000) or twenty  percent  (20%)  of
11    the moneys remitted to each account during the fiscal year, whichever is less,
12    from each account during each fiscal year thereafter, which amounts are hereby
13    appropriated to the tax commission.

14        SECTION  4.  That  Chapter  8,  Title  57, Idaho Code, be, and the same is
15    hereby amended by the addition thereto of a  NEW SECTION  ,  to  be
16    known and designated as Section 57-820, Idaho Code, and to read as follows:

17        57-820.  EARLY  CHILDHOOD  DEVELOPMENT FUND. (1) There is hereby created a
18    fund in the state treasury to be known and designated as the  early  childhood
19    development fund.
20        (2)  The account shall consist of:
21        (a)  Moneys appropriated to the fund;
22        (b)  Moneys as provided in sections 63-3067A and 63-3067B, Idaho Code.
23        (c)  Donations, gifts and grants from any source; and
24        (d)  Any other moneys which may hereafter be provided by law.
25        (3)  Interest  earned on the investment of idle moneys in the early child-
26    hood development fund shall be returned to  the  early  childhood  development
27    fund.
28        (4)  Disbursement of moneys from the fund shall be on the authorization of
29    the governor or a duly authorized representative of the governor.  Such moneys
30    in the fund shall be deemed perpetually appropriated to the governor.

31        SECTION  5.  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, 1999.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE

                             RS08936

This bill partially eliminates the marriage tax penalty by
increasing the amount of standard deduction for joint filers by
$150. This increase is made effective on 1/1/99. It also provides
a mechanism whereby taxpayers may donate their marriage tax
penalty savings to a newly created Early Childhood Development
Account, and any taxpayer may elect (via a checkoff)to contribute
any amount they desire to the Early Childhood Development Account.




                           FISCAL NOTE

This bill will reduce ongoing General Fund revenue by an estimated
$1.268 million starting in FY 2000. It will also yield revenue to
the newly created Early Childhood Development Account, but it is
very difficult to estimate the amount. Absent any experience, a
preliminary estimate of $50,000 is suggested. The actual amount
may vary considerably from this estimate.








CONTACT:  Rep. Dan Mader
         (208) 332-1000
         

STATEMENT OF PURPOSE/ FISCAL NOTE    Bill No.     H 203