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H0803...............................................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 prescribe a factor to compute Idaho income tax so that inflation will not result in a tax increase; to provide legislative intent that the individual income tax rates be reviewed annually; 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 - 52-13-5 AYES -- Alltus, Barraclough, Barrett, Black, Bruneel, Callister, Campbell, Cheirrett, Clark, Crow, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Henbest, Hornbeck, Jones(Jones), Kellogg, Kempton, Kendell, Kunz, Lake, Loertscher, Mader, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Zimmermann NAYS -- Bieter, Boe, Chase, Cuddy, Hansen(29), Jaquet, Judd, Marley, Ridinger, Ringo, Robison, Shepherd, Stoicheff Absent and excused -- Bell, Linford, Reynolds, Taylor, Mr Speaker Floor Sponsors - Crow, Moyle Title apvd - to Senate 04/03 Senate intro - 1st rdg - to Loc Gov
H0803|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 803 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, TO PRO- 14 VIDE THAT FOR TAX YEAR 2000 AND EACH YEAR THEREAFTER, THE STATE TAX COM- 15 MISSION SHALL PRESCRIBE A FACTOR TO COMPUTE IDAHO TAXABLE INCOME FOR TAX 16 BRACKET PURPOSES SO THAT INFLATION WILL NOT RESULT IN A TAX INCREASE, TO 17 PROVIDE THE FORMULA AND TO PROVIDE DUTIES OF THE STATE TAX COMMISSION; 18 AMENDING CHAPTER 30, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SEC- 19 TION 63-3024C, IDAHO CODE, TO PROVIDE A STATEMENT OF LEGISLATIVE INTENT 20 FOR REVIEW OF INDIVIDUAL INCOME TAX RATES; REPEALING SECTION 63-3022N, 21 IDAHO CODE; AMENDING CHAPTER 30, TITLE 63, IDAHO CODE, BY THE ADDITION OF 22 A NEW SECTION 63-3022N, IDAHO CODE, TO PROVIDE FOR THE ELIMINATION FROM 23 THE CALCULATION OF IDAHO TAXABLE INCOME ANY MARRIAGE PENALTY THAT MAY 24 EXIST IN THE BASIC STANDARD DEDUCTION PROVIDED IN THE INTERNAL REVENUE 25 CODE, TO PROVIDE FOR ADJUSTMENTS, TO PROVIDE A DEFINITION OF "THE MARRIAGE 26 PENALTY" AND TO PROVIDE PROCEDURES; AMENDING SECTION 63-3029B, IDAHO CODE, 27 TO INCREASE THE MAXIMUM AMOUNT OF THE ALLOWABLE TAX CREDIT OF THE INVEST- 28 MENT TAX CREDIT AND TO MAKE TECHNICAL CORRECTIONS; DECLARING AN EMERGENCY 29 AND PROVIDING RETROACTIVE APPLICATION. 30 Be It Enacted by the Legislature of the State of Idaho: 31 SECTION 1. That Chapter 30, Title 63, Idaho Code, be, and the same is 32 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 33 ignated as Section 63-3022O, Idaho Code, and to read as follows: 34 63-3022O. HEALTH INSURANCE COSTS. With respect to a taxpayer who is a 35 self-employed individual treated as an employee pursuant to section 401(c)(1) 36 of the Internal Revenue Code, an amount equal to the amount paid by the tax- 37 payer during the taxable year for insurance, which constitutes medical care 38 for the taxpayer and the spouse and dependents of the taxpayer which is not 39 otherwise deductible by the taxpayer for federal income tax purposes because 40 the applicable percentage for that taxable year as specified pursuant to sec- 41 tion 162(1) of the Internal Revenue Code is less than one hundred percent 42 (100%), shall be allowed as a deduction against taxable income. 2 1 SECTION 2. That Section 63-3024, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 63-3024. INDIVIDUALS' TAX AND TAX ON ESTATES AND TRUSTS. For each taxable 4 year on and after January 1, 2000, a tax measured by Idaho taxable income as 5 defined in this chapter is hereby imposed upon every individual, trust, or 6 estate required by this chapter to file a return. 7 (a) The tax imposed upon individuals, trusts and estates shall be com- 8 puted at the following rates: 9 When Idaho taxable income is: The rate is: 10 Less than $1,000TwoOne and nine-tenths percent (2.01.9%) 11 $1,000 but less than $2,000 $20, plusfourthree and nine-tenths 12 percent (4.03.9%) of the amount over $1,000 13 $2,000 but less than $3,000 $60, plus four andone-halffour-tenths 14 percent (4.54%) of the amount over $2,000 15 $3,000 but less than $4,000 $105, plus five andone-halffour-tenths 16 percent (5.54%) of the amount over $3,000 17 $4,000 but less than $5,000 $160, plus six andone-halffour-tenths 18 percent (6.54%) of the amount over $4,000 19 $5,000 but less than $7,500 $225, plus seven andone-halffour-tenths 20 percent (7.54%) of the amount over $5,000 21 $7,500 but less than $20,000 $412.50, plus seven andeightseven-tenths 22 percent (7.87%) of the amount over $7,500 23 Over $20,000 $1,387.50, plus eight andtwoone-tenths24 percent (8.21%) of the amount over $20,000 25 For tax year 2000 and each year thereafter, the state tax commission shall 26 prescribe a factor which shall be used to compute the Idaho income tax brack- 27 ets provided above. The factor shall provide an adjustment to the Idaho tax 28 brackets so that inflation will not result in a tax increase. The Idaho tax 29 brackets shall be adjusted as follows: multiply the bracket amounts by the 30 percentage (the consumer price index for the calendar year immediately preced- 31 ing the calendar year to which the adjusted brackets will apply divided by the 32 consumer price index for calendar year 1998). For the purpose of this computa- 33 tion, the consumer price index for any calendar year is the average of the 34 consumer price index as of the close of the twelve (12) month period for the 35 immediately preceding calendar year as adopted by the state tax commission. 36 This adoption shall be exempt from the provisions of chapter 52, title 67, 37 Idaho Code. The consumer price index shall mean the consumer price index for 38 all U.S. urban consumers published by the United States department of labor. 39 The state tax commission shall annually include the factor as provided in this 40 subsection to multiply against Idaho taxable income in the brackets above to 41 arrive at that year's taxable income for tax bracket purposes. 42 (b) In case a joint return is filed by husband and wife pursuant to the 43 provisions of section 63-3031, Idaho Code, the tax imposed by this section 44 shall be twice the tax which would be imposed on one-half (1/2) of the aggre- 45 gate Idaho taxable income. For the purposes of this section, a return of a 46 surviving spouse, as defined in section 2(a) of the Internal Revenue Code, and 47 a head of household, as defined in section 2(b) of the Internal Revenue Code, 48 shall be treated as a joint return and the tax imposed shall be twice the tax 49 which would be imposed on one-half (1/2) of the Idaho taxable income. 50 (c) The state tax commission shall compute and publish Idaho income tax 51 liability for taxpayers at the midpoint of each bracket of Idaho taxable 52 income in fifty dollar ($50.00) steps to fifty thousand dollars ($50,000), 53 rounding such calculations to the nearest dollar. Taxpayers having income 54 within such brackets shall file returns based upon and pay taxes according to 3 1 the schedule thus established. The state tax commission shall promulgate rules 2 defining the conditions upon which such returns shall be filed. 3 SECTION 3. That Chapter 30, Title 63, Idaho Code, be, and the same is 4 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 5 ignated as Section 63-3024C, Idaho Code, and to read as follows: 6 63-3024C. LEGISLATIVE REVIEW. Enactment of the reduction of rates imposed 7 upon individual income taxes through amendment to section 63-3024, Idaho Code, 8 is made in recognition of the specific economic factors prevailing at the time 9 of the adoption. It is the intent of the legislature that the individual 10 income tax rate shall be reviewed annually and necessary adjustments may be 11 made when economic conditions require. 12 SECTION 4. That Section 63-3022N, Idaho Code, be, and the same is hereby 13 repealed. 14 SECTION 5. That Chapter 30, Title 63, Idaho Code, be, and the same is 15 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 16 ignated as Section 63-3022N, Idaho Code, and to read as follows: 17 63-3022N. MARRIAGE PENALTY ADJUSTMENT. (1) To eliminate from the calcula- 18 tion of Idaho taxable income any marriage penalty that may exist in the basic 19 standard deductions provided in the Internal Revenue Code, basic federal stan- 20 dard deductions shall be adjusted as provided in this section. 21 (2) As used in this section, "the marriage penalty" means the difference 22 obtained by subtracting: 23 (a) The basic standard deduction for joint returns, from 24 (b) Two (2) times the basic standard deduction for an individual who is 25 not married and who is not a surviving spouse or head of household. 26 (3) For each taxable year beginning on and after January 1, 2000, the 27 standard deduction in section 63-3022(k)(1), Idaho Code, shall be: on a joint 28 return, the basic federal joint standard deduction plus the marriage penalty, 29 rounded to the nearest dollar, plus the amount of any additional standard 30 deduction for the aged or blind for which a taxpayer may qualify under section 31 63 of the Internal Revenue Code. 32 (4) The basic federal standard deduction for an individual for whom a 33 deduction under section 151 of the Internal Revenue Code is allowable to 34 another taxpayer shall not be reduced below the minimum adjusted basic stan- 35 dard deduction provided by section 63 of the Internal Revenue Code. 36 SECTION 6. That Section 63-3029B, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 63-3029B. INCOME TAX CREDIT FOR CAPITAL INVESTMENT. (1) At the election 39 of the taxpayer there shall be allowed, subject to the applicable limitations 40 provided herein as a credit against the income tax imposed by chapter 30, 41 title 63, Idaho Code, an amount equal to the sum of: 42 (a)tThe tax creditcarry-overscarryovers; and 43 (b)tThe tax credit for the taxable year. 44 (2) The maximum allowable amount of the credit for the current taxable 45 year shall be three percent (3%) of the amount of qualified investments made 46 during the taxable year. 47 (3) As used in this section "qualified investment" means certain depre- 48 ciable property which: 4 1 (a)iIs eligible for the federal investment tax credit, as defined in 2 sections 46(c) and 48 of theiInternalrRevenuecCode subject to the lim- 3 itations provided for certain regulated companies in section 46(f) of the 4iInternalrRevenuecCode and is not a motor vehicle under eight thousand 5 (8,000) pounds gross weight; 6 (b)iIs acquired, constructed, reconstructed, erected or placed into ser- 7 vice after December 31, 1981; and 8 (c)hHas a situs in Idaho. 9 (4) Notwithstanding the provisions of subsections (1) and (2) of this 10 section, the amount of the credit allowed shall not exceedforty-fivefifty 11 percent (450%) of the tax liability of the taxpayer. 12 (5) If the sum of creditcarry-overscarryovers from the credit allowed 13 by subsection (2) of this section and the amount of credit for the taxable 14 year from the credit allowed by subsection (2) of this section exceed the lim- 15 itation imposed by subsection (4) of this section for the current taxable 16 year, the excess attributable to the current taxable year's credit shall be an 17 investment creditcarry-overcarryover to the seven (7) succeeding taxable 18 years. In the case of a group of corporations filing a combined report under 19 section 63-3027, Idaho Code, or sections 63-3027B through 63-3027E, Idaho 20 Code, credit earned by one (1) member of the group but not used by that member 21 may be used by another member of the group, subject to the provisions of sub- 22 section (4) of this section, instead of carried over. The entire amount of 23 unused credit shall be carried forward to the earliest of the succeeding 24 years, wherein the oldest available unused credit shall be used first, so long 25 as the qualified investment property for which the unused credit was granted 26 still maintains Idaho situs. For a combined group of corporations, credit car- 27 ried forward may be claimed by any member of the group unless the member who 28 earned the credit is no longer included in the combined group. 29 (6) Any recapture of the credit allowed by subsection (2) of this section 30 on property disposed of or ceasing to qualify, prior to the close of its use- 31 ful life, shall be determined according to the applicable recapture provisions 32 of theiInternalrRevenuecCode. In the case of a unitary group of corpora- 33 tions, the increase in tax due to the recapture of investment tax credit must 34 be reported by the member of the group who earned the credit regardless of 35 which member claimed the credit against tax. 36 (7) For the purpose of determining whether property placed in service is 37 a "qualified investment" as defined in subsection (3) of this section, the 38 provisions of section 49 of theiInternalrRevenuecCode shall be disregarded. 39 (8) For purposes of this section, property has a situs in Idaho during a 40 taxable year if it is used in Idaho at any time during the taxable year. Prop- 41 erty not used in Idaho during a taxable year does not have a situs in Idaho in 42 the taxable year during which the property is not used in Idaho or in any sub- 43 sequent taxable year. No credit orcarry-overcarryover of credit is permitted 44 under this section if the credit orcarry-overcarryover relates to property 45 that does not have a situs in Idaho during the taxable year for which the 46 credit orcarry-overcarryover is claimed. The Idaho situs of property must be 47 established by records maintained by the taxpayer which are created reasonably 48 contemporaneously with the use of the property. 49 (9) In the case of property used both in and outside Idaho, the taxpayer, 50 electing to claim the credit provided in this section, must elect to compute 51 the qualified investment in property with a situs in Idaho for all such 52 investments first qualifying during that year in one (1), but only one (1), of 53 the following ways: 54 (a)tThe amount of each qualified investment in a specific asset shall be 55 separately computed based on the percentage of the actual use of the prop- 5 1 erty in Idaho by using a measure of the use, such as total miles or total 2 machine hours, that most accurately reflects the beneficial use during the 3 taxable year in which it is first acquired, constructed, reconstructed, 4 erected or placed into service; provided, that the asset is placed in ser- 5 vice more than ninety (90) days before the end of the taxable year. In the 6 case of assets acquired, constructed, reconstructed, erected or placed 7 into service within ninety (90) days prior to the end of the taxable year 8 in which the investment first qualifies, the measure of the use of that 9 asset within Idaho for that year shall be based upon the percentage of use 10 in Idaho during the first ninety (90) days of use of the asset; 11 (b)tThe investment in qualified property used both inside and outside 12 Idaho during the taxable year in which it is first acquired, constructed, 13 reconstructed, erected or placed into service shall be multiplied by the 14 percent of the investment that would be included in the numerator of the 15 Idaho property factor determined pursuant to section 63-3027, Idaho Code, 16 for the same year. 17 (10) Only for the purposes of subsections (3)(a) and (7) of this section, 18 references to sections of the "iInternalrRevenuecCode" mean the sections 19 referred to as they existed in theiInternalrRevenuecCode of 1986 prior to 20 November 5, 1990. 21 SECTION 7. An emergency existing therefor, which emergency is hereby 22 declared to exist, this act shall be in full force and effect on and after its 23 passage and approval, and retroactively to January 1, 2000.
STATEMENT OF PURPOSE RS10345 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 increases the investment tax credit maximum amount from 45 to 50 and includes the Individual Income Tax CPI Bracket Adjustment for the tax year 2000. This legislation also adds Legislative Intent. 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 Individual Income Tax CPI Bracket Adj (tax year 2000) 2,150,000.00 Investment Tax Credit Increase 2,100,000.00 Total: $28,950,000.00 CONTACT: Rep. Dolores Crow Rep. Mike Moyle Phone: (208) 332-1000 STATEMENT OF PURPOSE/ FISCAL IMPACT H 803