2001 Legislation
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HOUSE BILL NO. 88 – Income tax, capital gain deduction

HOUSE BILL NO. 88

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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN 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, sixty one 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 the iInternal rRevenue cCode 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  the  iInternal
 28        rRevenue  cCode)  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 the iInternal rRevenue cCode) 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
 37        iInternal rRevenue cCode 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 / Fiscal Impact


                      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