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H0088...............................................by REVENUE AND TAXATION INCOME TAX - Amends existing law to increase from sixty percent to one hundred percent the net capital gain from the sale or exchange of qualified property which shall be a deduction in determining taxable income. 01/24 House intro - 1st rdg - to printing 01/25 Rpt prt - to Rev/Tax 03/29 Rpt out - rec d/p - to 2nd rdg Rls susp - PASSED - 57-6-7 AYES -- Barraclough, Barrett, Bedke, Bell, Black, Boe, Bolz, Bradford, Bruneel, Callister, Collins, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Langford, Loertscher, McKague, Meyer, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould, Roberts, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young(Young), Mr. Speaker NAYS -- Bieter, Chase, Henbest(Farley), Marley, Ridinger, Robison Absent and excused -- Campbell, Clark, Crow, Hansen, Lake, Mader, Montgomery Floor Sponsor -- Moyle Title apvd - to Senate 03/29 Senate intro - 1st rdg - to Loc Gov
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 88 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO CAPITAL GAINS; AMENDING SECTION 63-3022H, IDAHO CODE, TO INCREASE 3 THE PERCENTAGE OF THE NET CAPITAL GAIN FROM THE SALE OR EXCHANGE OF QUALI- 4 FIED PROPERTY WHICH SHALL BE A DEDUCTION IN DETERMINING TAXABLE INCOME AND 5 TO MAKE TECHNICAL CORRECTIONS; DECLARING AN EMERGENCY AND PROVIDING RETRO- 6 ACTIVE APPLICATION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 63-3022H, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 63-3022H. DEDUCTION OF CAPITAL GAINS. (1) If an individual taxpayer 11 reports a net capital gain in determining taxable income,sixtyone hundred 12 percent (6100%) of the net capital gain from the sale or exchange of qualified 13 property shall be a deduction in determining taxable income. 14 (2) The deduction provided in this section is limited to the amount of 15 the net capital gain from all property included in federal taxable income. Net 16 capital gains treated as ordinary income by theiInternalrRevenuecCode do 17 not qualify for the deduction allowed in this section. The deduction otherwise 18 allowable under this section shall be reduced by the amount of any federal 19 capital gains deduction relating to such property, but not below zero. 20 (3) As used in this section "qualified property" means the following 21 property having an Idaho situs at the time of sale: 22 (a) Real property held at least eighteen (18) months; 23 (b) Tangible personal property used in Idaho for at least twelve (12) 24 months by a revenue-producing enterprise; 25 (c) Cattle or horses held for breeding, draft, dairy or sporting purposes 26 for at least twenty-four (24) months if more than one-half (1/2) of the 27 taxpayer's gross income (as defined in section 61(a) of theiInternal 28rRevenuecCode) for the taxable year is from farming or ranching opera- 29 tions in Idaho; 30 (d) Breeding livestock other than cattle or horses held at least twelve 31 (12) months if more than one-half (1/2) of the taxpayer's gross income (as 32 defined in section 61(a) of theiInternalrRevenuecCode) for the taxable 33 year is from farming or ranching operations in Idaho; 34 (e) Timber grown in Idaho and held at least twenty-four (24) months; 35 (f) In determining the period for which property subject to this section 36 has been held by a taxpayer, the provisions of section 1223 of the 37iInternalrRevenuecCode shall apply, except that when the holding period 38 includes any period during which the taxpayer held property other than the 39 property sold, all property held during the holding period must qualify 40 under this section. 41 (4) If an individual reports a capital gain from qualified property from 42 an S corporation or a partnership, a deduction shall be allowed under this 43 section only to the extent the individual held his interest in the income of 2 1 the S corporation or the partnership for the time required by subsection (3) 2 of this section for the property sold. 3 (5) If an individual reports a capital gain from an estate, no deduction 4 shall be allowed under this section unless the holding period required in sub- 5 section (3) of this section was satisfied by the decedent, the estate, or the 6 beneficiary, or a combination thereof. 7 (6) If an individual reports a capital gain from a trust, no deduction 8 shall be allowed under this section unless the holding period required in sub- 9 section (3) of this section was satisfied by the grantor, the trust, or the 10 beneficiary, or a combination thereof. 11 (7) As used in this section "revenue-producing enterprise" means: 12 (a) The production, assembly, fabrication, manufacture, or processing of 13 any agricultural, mineral or manufactured product; 14 (b) The storage, warehousing, distribution, or sale at wholesale of any 15 products of agriculture, mining or manufacturing; 16 (c) The feeding of livestock at a feedlot; 17 (d) The operation of laboratories or other facilities for scientific, 18 agricultural, animal husbandry, or industrial research, development, or 19 testing. 20 SECTION 2. An emergency existing therefor, which emergency is hereby 21 declared to exist, this act shall be in full force and effect on and after its 22 passage and approval, and retroactively to January 1, 2001.
STATEMENT OF PURPOSE RS10737 AMENDMENTS TO THE REVENUE AND TAXATION STATUTE In 1987 the Idaho Legislature passed legislation to restore favorable capital gains treatment on certain assets for tax purposes. The purpose of this legislation is to increase the exclusion from 60% to 100% effectively eliminating state assessed capital gains tax on the assets described in the existing statute. To qualify for the exclusion the asset must have been located in Idaho at the time of sale. Assets outlined for favorable treatment in Idaho include: real property held at least 18 months; tangible personal property that was used in manufacturing, mining, agriculture, wholesaling or research and development held longer than 12 months; cattle or horses held for 24 months or more; other breeding livestock held for 12 months or more; or private timber held for 24 months or longer. FISCAL IMPACT A reduction in the General Fund of $8,700,000 Contact Name: Rep. Dolores Crow Phone: 332-1125 Rep. Celia Gould 332-1127 Rep. Cameron Wheeler 332-1000 Rep. Lee Gagner 332-1000 Rep. Mike Moyle 332-1000 Alex LaBeau, Idaho Association of REALTORS 342-3585 STATEMENT OF PURPOSE/FISCAL NOTE Bill No. 8