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HOUSE BILL NO. 473
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H0473...............................................by REVENUE AND TAXATION
TOBACCO/CIGARETTE TAX - Amends existing law to provide that, under certain
circumstances, refunds or credits may be given for taxes paid on cigarettes
or tobacco products; and to provide that if such accounts are thereafter
collected, the tax per unit shall be paid based on the amount actually
received, divided by the price per unit of the original sale and multiplied
by the appropriate tax rate.
02/01 House intro - 1st rdg - to printing
02/02 Rpt prt - to Rev/Tax
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 473
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO THE TAX ON TOBACCO PRODUCTS; AMENDING SECTION 63-2559, IDAHO CODE,
3 TO PROVIDE THAT TAXES PREVIOUSLY PAID ON CIGARETTES OR TOBACCO PRODUCTS
4 REPRESENTED BY ACCOUNTS FOUND TO BE WORTHLESS AND ACTUALLY CHARGED OFF FOR
5 INCOME TAX PURPOSES MAY BE CREDITED UPON SUBSEQUENT PAYMENT OF THE TAX
6 PROVIDED IN THIS CHAPTER, OR, IF NO SUCH TAX IS DUE, REFUNDED, TO PROVIDE
7 IF SUCH ACCOUNTS ARE THEREAFTER COLLECTED, THE TAX PER UNIT SHALL BE PAID
8 BASED ON THE AMOUNT ACTUALLY RECEIVED DIVIDED BY THE PRICE PER UNIT OF THE
9 ORIGINAL SALE MULTIPLIED BY THE APPROPRIATE TAX RATE; DECLARING AN EMER-
10 GENCY AND PROVIDING RETROACTIVE APPLICATION.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 63-2559, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 63-2559. WHEN CREDIT MAY BE OBTAINED FOR TAX PAID. (1) Where tobacco
15 products upon which the tax imposed by this chapter has been reported and
16 paid, are shipped or transported by the distributor to retailers without the
17 state, to be sold by those retailers, or are returned to the manufacturer by
18 the distributor or destroyed by the distributor, credit of such tax may be
19 made to the distributor in accordance with regulations prescribed by the com-
21 (2) For sales made on or after January 1, 2000, taxes previously paid on
22 cigarettes or tobacco products represented by accounts found to be worthless
23 and actually charged off for income tax purposes may be credited upon subse-
24 quent payment of the tax provided in this chapter, or, if no such tax is due,
25 refunded. If such accounts are thereafter collected, the tax per unit shall be
26 paid based on the amount actually received divided by the price per unit of
27 the original sale and multiplied by the appropriate tax rate.
28 SECTION 2. An emergency existing therefor, which emergency is hereby
29 declared to exist, this act shall be in full force and effect on and after its
30 passage and approval, and retroactively to January 1, 2000.
STATEMENT OF PURPOSE
The purpose of this legislation is to amend section 63-2559
of the Idaho Code, to provide that taxes previously paid on
cigarettes and tobacco products by accounts found to be worthless
may be credited upon subsequest payment of the tax provided by
law. If no tax is due or refunded, the tax per unit shall be paid
based on the amount actually received, divided by the price per
unit of the original sale, multiplied by the appropriate tax
rate. This bill provides retroactive application.
The estimated amount is $20,000 annually.
CONTACT: Rep. Kent Kunz
Karleane Allen, Idaho Wholesale Marketers Assn.
Phone: (208) 375-5806
STATEMENT OF PURPOSE/FISCAL IMPACT H 473