2000 Legislation
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HOUSE BILL NO. 801 – Income tax, reduction

HOUSE BILL NO. 801

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H0801...............................................by REVENUE AND TAXATION
INCOME TAX - Amends existing law to provide an income tax deduction for a
taxpayer who is a self-employed individual treated as an employee for
medical insurance for the taxpayer, spouse and dependents; to decrease the
individual income tax rates; to provide for elimination from calculation of
Idaho income tax any marriage penalty that may exist in the basic standard
deduction; and to increase the maximum amount of the allowable tax credit
of the investment tax credit.
                                                                        
03/30    House intro - 1st rdg - to printing
    Rpt prt - 2nd rdg - to 3rd rdg
    Rules susp - PASSED - 57-7-6
      AYES -- Alltus, Barraclough, Barrett, Black, Bruneel, Callister,
      Campbell, Cheirrett, Clark, Crow, Cuddy, Deal, Denney, Ellsworth,
      Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond,
      Hansen(23), Hornbeck, Jones(Jones), Judd, Kellogg, Kempton, Kendell,
      Kunz, Lake, Loertscher, Mader, Marley, McKague, Meyer, Montgomery,
      Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Ridinger, Sali,
      Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff,
      Stone, Tilman, Trail, Wheeler, Wood, Zimmermann
      NAYS -- Bieter, Boe, Chase, Henbest, Jaquet, Ringo, Robison
      Absent and excused -- Bell, Hansen(29), Linford, Reynolds, Taylor, Mr
      Speaker
    Floor Sponsors - Crow, Moyle
    Title apvd - to Senate
04/03    Senate intro - 1st rdg - to Loc Gov

Bill Text


 H0801
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 801
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO INCOME TAX POLICIES; AMENDING CHAPTER 30, TITLE 63, IDAHO CODE, BY
  3        THE ADDITION OF A NEW SECTION 63-3022O, IDAHO CODE, TO PROVIDE  AN  INCOME
  4        TAX  DEDUCTION FOR A TAXPAYER WHO IS A SELF-EMPLOYED INDIVIDUAL TREATED AS
  5        AN EMPLOYEE PURSUANT TO SECTION 401(c)(1) OF THE INTERNAL REVENUE CODE, AN
  6        AMOUNT EQUAL TO THE AMOUNT PAID BY THE TAXPAYER DURING  THE  TAXABLE  YEAR
  7        FOR  INSURANCE  WHICH  CONSTITUTES  MEDICAL  CARE FOR THE TAXPAYER AND THE
  8        SPOUSE AND DEPENDENTS OF THE TAXPAYER WHICH IS NOT OTHERWISE DEDUCTIBLE BY
  9        THE TAXPAYER FOR FEDERAL INCOME TAX PURPOSES BECAUSE THE  APPLICABLE  PER-
 10        CENTAGE  FOR  THAT TAXABLE YEAR AS SPECIFIED PURSUANT TO SECTION 162(1) OF
 11        THE INTERNAL REVENUE CODE IS LESS THAN ONE HUNDRED PERCENT; AMENDING  SEC-
 12        TION  63-3024, IDAHO CODE, TO PROVIDE THAT FOR TAX YEAR 2000 AND EACH YEAR
 13        THEREAFTER, THE RATE FOR INDIVIDUAL INCOME TAX SHALL BE DECREASED; REPEAL-
 14        ING SECTION 63-3022N, IDAHO CODE; AMENDING CHAPTER  30,  TITLE  63,  IDAHO
 15        CODE,  BY  THE  ADDITION OF A NEW SECTION 63-3022N, IDAHO CODE, TO PROVIDE
 16        FOR THE ELIMINATION FROM THE CALCULATION OF IDAHO TAXABLE INCOME ANY  MAR-
 17        RIAGE  PENALTY  THAT MAY EXIST IN THE BASIC STANDARD DEDUCTION PROVIDED IN
 18        THE INTERNAL REVENUE CODE, TO PROVIDE FOR ADJUSTMENTS, TO PROVIDE A  DEFI-
 19        NITION  OF "THE MARRIAGE PENALTY" AND TO PROVIDE PROCEDURES; AMENDING SEC-
 20        TION 63-3029B, IDAHO CODE, TO INCREASE THE MAXIMUM AMOUNT OF THE ALLOWABLE
 21        TAX CREDIT OF THE INVESTMENT TAX CREDIT AND TO MAKE TECHNICAL CORRECTIONS;
 22        DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.
                                                                        
 23    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 24        SECTION 1.  That Chapter 30, Title 63, Idaho Code, be,  and  the  same  is
 25    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 26    ignated as Section 63-3022O, Idaho Code, and to read as follows:
                                                                        
 27        63-3022O.  HEALTH INSURANCE COSTS. With respect to a  taxpayer  who  is  a
 28    self-employed  individual treated as an employee pursuant to section 401(c)(1)
 29    of the Internal Revenue Code, an amount equal to the amount paid by  the  tax-
 30    payer  during  the  taxable year for insurance, which constitutes medical care
 31    for the taxpayer and the spouse and dependents of the taxpayer  which  is  not
 32    otherwise  deductible  by the taxpayer for federal income tax purposes because
 33    the applicable percentage for that taxable year as specified pursuant to  sec-
 34    tion  162(1)  of  the  Internal  Revenue Code is less than one hundred percent
 35    (100%), shall be allowed as a deduction against taxable income.
                                                                        
 36        SECTION 2.  That Section 63-3024, Idaho Code, be, and the same  is  hereby
 37    amended to read as follows:
                                                                        
 38        63-3024.  INDIVIDUALS' TAX AND TAX ON ESTATES AND TRUSTS. For each taxable
 39    year  on  and after January 1, 2000, a tax measured by Idaho taxable income as
 40    defined in this chapter is hereby imposed upon  every  individual,  trust,  or
 41    estate required by this chapter to file a return.
                                                                        
                                           2
                                                                        
  1        (a)  The  tax  imposed  upon individuals, trusts and estates shall be com-
  2    puted at the following rates:
  3    When Idaho taxable income is:    The rate is:
  4    Less than $1,000                 Two One and nine-tenths percent (2.01.9%)
  5    $1,000 but less than $2,000      $20, plus four three and nine-tenths
  6                                     percent (4.03.9%) of the amount over $1,000
  7    $2,000 but less than $3,000      $60, plus four and one-half four-tenths
  8                                     percent (4.54%) of the amount over $2,000
  9    $3,000 but less than $4,000      $105, plus five and one-half four-tenths
 10                                     percent (5.54%) of the amount over $3,000
 11    $4,000 but less than $5,000      $160, plus six and one-half four-tenths
 12                                     percent (6.54%) of the amount over $4,000
 13    $5,000 but less than $7,500      $225, plus seven and one-half four-tenths
 14                                     percent (7.54%) of the amount over $5,000
 15    $7,500 but less than $20,000     $412.50, plus seven and eightseven-tenths
 16                                     percent (7.87%) of the amount over $7,500
 17    Over $20,000                     $1,387.50, plus eight and twoone-tenths
 18                                     percent (8.21%) of the amount over $20,000
 19        (b)  In case a joint return is filed by husband and wife pursuant  to  the
 20    provisions  of  section  63-3031,  Idaho Code, the tax imposed by this section
 21    shall be twice the tax which would be imposed on one-half (1/2) of the  aggre-
 22    gate  Idaho  taxable  income.  For the purposes of this section, a return of a
 23    surviving spouse, as defined in section 2(a) of the Internal Revenue Code, and
 24    a head of household, as defined in section 2(b) of the Internal Revenue  Code,
 25    shall  be treated as a joint return and the tax imposed shall be twice the tax
 26    which would be imposed on one-half (1/2) of the Idaho taxable income.
 27        (c)  The state tax commission shall compute and publish Idaho  income  tax
 28    liability  for  taxpayers  at  the  midpoint  of each bracket of Idaho taxable
 29    income in fifty dollar ($50.00) steps to  fifty  thousand  dollars  ($50,000),
 30    rounding  such  calculations  to  the  nearest dollar. Taxpayers having income
 31    within such brackets shall file returns based upon and pay taxes according  to
 32    the schedule thus established. The state tax commission shall promulgate rules
 33    defining the conditions upon which such returns shall be filed.
                                                                        
 34        SECTION  2.  That Section 63-3022N, Idaho Code, be, and the same is hereby
 35    repealed.
                                                                        
 36        SECTION 3.  That Chapter 30, Title 63, Idaho Code, be,  and  the  same  is
 37    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 38    ignated  as Section 63-3022N, Idaho Code, and to read as follows:
                                                                        
 39        63-3022N.  MARRIAGE PENALTY ADJUSTMENT. (1) To eliminate from the calcula-
 40    tion of Idaho taxable income any marriage penalty that may exist in the  basic
 41    standard deductions provided in the Internal Revenue Code, basic federal stan-
 42    dard deductions shall be adjusted as provided in this section.
 43        (2)  As  used in this section, "the marriage penalty" means the difference
 44    obtained by subtracting:
 45        (a)  The basic standard deduction for joint returns, from
 46        (b)  Two (2) times the basic standard deduction for an individual  who  is
 47        not married and who is not a surviving spouse or head of household.
 48        (3)  For  each  taxable   year beginning on and after January 1, 2000, the
 49    standard deduction in section 63-3022(k)(1), Idaho Code, shall be: on a  joint
 50    return,  the basic federal joint standard deduction plus the marriage penalty,
 51    rounded to the nearest dollar, plus the  amount  of  any  additional  standard
 52    deduction for the aged or blind for which a taxpayer may qualify under section
                                                                        
                                           3
                                                                        
  1    63 of the Internal Revenue Code.
  2        (4)  The  basic  federal  standard  deduction for an individual for whom a
  3    deduction under section 151 of the  Internal  Revenue  Code  is  allowable  to
  4    another  taxpayer  shall not be reduced below the minimum adjusted basic stan-
  5    dard deduction provided by section 63 of the Internal Revenue Code.
                                                                        
  6        SECTION 4.  That Section 63-3029B, Idaho Code, be, and the same is  hereby
  7    amended to read as follows:
                                                                        
  8        63-3029B.  INCOME  TAX  CREDIT FOR CAPITAL INVESTMENT. (1) At the election
  9    of the taxpayer there shall be allowed, subject to the applicable  limitations
 10    provided  herein  as  a  credit  against the income tax imposed by chapter 30,
 11    title 63, Idaho Code, an amount equal to the sum of:
 12        (a)  tThe tax credit carry-overs carryovers; and
 13        (b)  tThe tax credit for the taxable year.
 14        (2)  The maximum allowable amount of the credit for  the  current  taxable
 15    year  shall  be three percent (3%) of the amount of qualified investments made
 16    during the taxable year.
 17        (3)  As used in this section "qualified investment" means  certain  depre-
 18    ciable property which:
 19        (a)  iIs  eligible  for  the  federal investment tax credit, as defined in
 20        sections 46(c) and 48 of the iInternal rRevenue cCode subject  to the lim-
 21        itations provided for certain regulated companies in section 46(f) of  the
 22        iInternal  rRevenue  cCode and is not a motor vehicle under eight thousand
 23        (8,000) pounds gross weight;
 24        (b)  iIs acquired, constructed, reconstructed, erected or placed into ser-
 25        vice after December 31, 1981; and
 26        (c)  hHas a situs in Idaho.
 27        (4)  Notwithstanding the provisions of subsections (1)  and  (2)  of  this
 28    section,  the  amount  of the credit allowed shall not exceed forty-five fifty
 29    percent  (450%) of the tax liability of the taxpayer.
 30        (5)  If the sum of credit carry-overs carryovers from the  credit  allowed
 31    by  subsection  (2)  of  this section and the amount of credit for the taxable
 32    year from the credit allowed by subsection (2) of this section exceed the lim-
 33    itation imposed by subsection (4) of this  section  for  the  current  taxable
 34    year, the excess attributable to the current taxable year's credit shall be an
 35    investment  credit  carry-over  carryover  to the seven (7) succeeding taxable
 36    years. In the case of a group of corporations filing a combined  report  under
 37    section  63-3027,  Idaho  Code,  or  sections 63-3027B through 63-3027E, Idaho
 38    Code, credit earned by one (1) member of the group but not used by that member
 39    may be used by another member of the group, subject to the provisions of  sub-
 40    section  (4)  of  this  section, instead of carried over. The entire amount of
 41    unused credit shall be carried forward  to  the  earliest  of  the  succeeding
 42    years, wherein the oldest available unused credit shall be used first, so long
 43    as  the  qualified investment property for which the unused credit was granted
 44    still maintains Idaho situs. For a combined group of corporations, credit car-
 45    ried forward may be claimed by any member of the group unless the  member  who
 46    earned the credit is no longer included in the combined group.
 47        (6)  Any recapture of the credit allowed by subsection (2) of this section
 48    on  property disposed of or ceasing to qualify, prior to the close of its use-
 49    ful life, shall be determined according to the applicable recapture provisions
 50    of the iInternal  rRevenue cCode. In the case of a unitary group  of  corpora-
 51    tions,  the increase in tax due to the recapture of investment tax credit must
 52    be reported by the member of the group who earned  the  credit  regardless  of
 53    which member claimed the credit against tax.
                                                                        
                                           4
                                                                        
  1        (7)  For  the purpose of determining whether property placed in service is
  2    a "qualified investment" as defined in subsection (3)  of  this  section,  the
  3    provisions of section 49 of the iInternal rRevenue cCode shall be disregarded.
  4        (8)  For  purposes of this section, property has a situs in Idaho during a
  5    taxable year if it is used in Idaho at any time during the taxable year. Prop-
  6    erty not used in Idaho during a taxable year does not have a situs in Idaho in
  7    the taxable year during which the property is not used in Idaho or in any sub-
  8    sequent taxable year. No credit or carry-over carryover of credit is permitted
  9    under this section if the credit or carry-over carryover relates  to  property
 10    that  does  not  have  a  situs in Idaho during the taxable year for which the
 11    credit or carry-over carryover is claimed. The Idaho situs of property must be
 12    established by records maintained by the taxpayer which are created reasonably
 13    contemporaneously with the use of the property.
 14        (9)  In the case of property used both in and outside Idaho, the taxpayer,
 15    electing to claim the credit provided in this section, must elect  to  compute
 16    the  qualified  investment  in  property  with  a  situs in Idaho for all such
 17    investments first qualifying during that year in one (1), but only one (1), of
 18    the following ways:
 19        (a)  tThe amount of each qualified investment in a specific asset shall be
 20        separately computed based on the percentage of the actual use of the prop-
 21        erty in Idaho by using a measure of the use, such as total miles or  total
 22        machine hours, that most accurately reflects the beneficial use during the
 23        taxable  year  in  which it is first acquired, constructed, reconstructed,
 24        erected or placed into service; provided, that the asset is placed in ser-
 25        vice more than ninety (90) days before the end of the taxable year. In the
 26        case of assets acquired, constructed,  reconstructed,  erected  or  placed
 27        into  service within ninety (90) days prior to the end of the taxable year
 28        in which the investment first qualifies, the measure of the  use  of  that
 29        asset within Idaho for that year shall be based upon the percentage of use
 30        in Idaho during the first ninety (90) days of use of the asset;
 31        (b)  tThe  investment  in  qualified property used both inside and outside
 32        Idaho during the taxable year in which it is first acquired,  constructed,
 33        reconstructed,  erected  or placed into service shall be multiplied by the
 34        percent of the investment that would be included in the numerator  of  the
 35        Idaho  property factor determined pursuant to section 63-3027, Idaho Code,
 36        for the same year.
 37        (10) Only for the purposes of subsections (3)(a) and (7) of this  section,
 38    references  to  sections  of the "iInternal rRevenue cCode"  mean the sections
 39    referred to as they existed in the iInternal rRevenue cCode of 1986  prior  to
 40    November 5, 1990.
                                                                        
 41        SECTION  6.  An  emergency  existing  therefor,  which emergency is hereby
 42    declared to exist, this act shall be in full force and effect on and after its
 43    passage and approval and retroactively to January 1, 2000.

Statement of Purpose / Fiscal Impact


     
     
                 STATEMENT OF PURPOSE
                       RS10342 
     
     The purpose of this legislation is to provide that a self- employed person may
     deduct medical insurance premiums from their state income tax which may not
     otherwise be deductible for federal income tax purposes. Further, this legislation
     decreases the individual income tax rates by one-tenth of one percent(.1%). 
     It further provides for elimination from the calculation of Idaho taxable income
     any marriage penalty. This legislation also increases the investment tax credit
     maximum amount from 45 to 50. 
     
     
     
                    FISCAL IMPACT 
     
     The fiscal impact is projected as follows: 
     
     Health Insurance Deduction for Self-Employed        $ 1,600,000.00
     "Marriage Tax Penalty" fully funded                          10,600,000.00 
     Individual Income Tax Rate Reduction of .1%           12,500,000.00
                                             Investment Tax Credit-Increase                                     2,100,000.00 
                                    Total:       $26,800,000.00 
     
     
     CONTACT: Rep. Dolores Crow
                     Rep. Mike Moyle
     Phone:           (208) 332-1000 
     
                                                  STATEMENT OF PURPOSE/ FISCAL IMPACT                            H 801