2000 Legislation
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HOUSE BILL NO. 803 – Income tax, reduction

HOUSE BILL NO. 803

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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

Bill Text


 H0803
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                              IN 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 $1,000                 Two One and nine-tenths percent (2.01.9%)
 11    $1,000 but less than $2,000      $20, plus four three 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 and one-half four-tenths
 14                                     percent (4.54%) of the amount over $2,000
 15    $3,000 but less than $4,000      $105, plus five and one-half four-tenths
 16                                     percent (5.54%) of the amount over $3,000
 17    $4,000 but less than $5,000      $160, plus six and one-half four-tenths
 18                                     percent (6.54%) of the amount over $4,000
 19    $5,000 but less than $7,500      $225, plus seven and one-half four-tenths
 20                                     percent (7.54%) of the amount over $5,000
 21    $7,500 but less than $20,000     $412.50, plus seven and eightseven-tenths
 22                                     percent (7.87%) of the amount over $7,500
 23    Over $20,000                     $1,387.50, plus eight and twoone-tenths
 24                                     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 credit carry-overs carryovers; 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 the iInternal rRevenue cCode subject  to the lim-
  3        itations  provided for certain regulated companies in section 46(f) of the
  4        iInternal rRevenue  cCode 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  exceed  forty-five  fifty
 11    percent  (450%) of the tax liability of the taxpayer.
 12        (5)  If  the  sum of credit carry-overs carryovers 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 credit carry-over carryover 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  the  iInternal  rRevenue cCode. 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 the iInternal rRevenue cCode 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 or carry-over carryover of credit is permitted
 44    under  this  section if the credit or carry-over carryover relates to property
 45    that does not have a situs in Idaho during the  taxable  year  for  which  the
 46    credit or carry-over carryover 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 "iInternal rRevenue  cCode"  mean  the  sections
 19    referred  to  as they existed in the iInternal rRevenue cCode 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 / Fiscal Impact


                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