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H0111...............................................by REVENUE AND TAXATION
INCOME TAX - Amends existing law to eliminate the requirement to make
estimated payments of less than fifty dollars; and to clarify the penalty
for underpayment of estimated taxes.
01/29 House intro - 1st rdg - to printing
01/30 Rpt prt - to Rev/Tax
02/05 Rpt out - rec d/p - to 2nd rdg
02/06 2nd rdg - to 3rd rdg
02/09 3rd rdg - PASSED - 69-0-1
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow,
Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford,
Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen,
Moss, Moyle, Pearce, Pomeroy, Raybould, Ridinger, Roberts, Robison,
Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone,
Swan, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
NAYS -- None
Absent and excused -- Pischner
Floor Sponsor -- Wheeler
Title apvd - to Senate
02/12 Senate intro - 1st rdg - to Loc Gov
02/15 Rpt out - rec d/p - to 2nd rdg
02/16 2nd rdg - to 3rd rdg
03/08 3rd rdg - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth,
Williams,
NAYS -- None
Absent and excused -- None
Floor Sponsor -- Williams
Title apvd - to House
03/09 To enrol
03/12 Rpt enrol - Sp signed
03/13 Pres signed
03/14 To Governor
03/19 Governor signed
Session Law Chapter 53
Effective: 01/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 111
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO EXTENSIONS OF TIME TO FILE INCOME TAX RETURNS; AMENDING SECTION
3 63-3033, IDAHO CODE, TO ELIMINATE THE REQUIREMENT TO MAKE ESTIMATED PAY-
4 MENTS OF LESS THAN FIFTY DOLLARS AND TO CLARIFY THE PENALTY FOR UNDERPAY-
5 MENT OF ESTIMATED TAXES; PROVIDING AN EFFECTIVE DATE AND PROVIDING APPLI-
6 CATION.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 63-3033, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 63-3033. EXTENSION OF TIME. (a) Taxpayers shall have an automatic exten-
11 sion of time for filing any return, declaration, statement or other document,
12 or payment required by this chapter for a period of six (6) months if on or
13 before the unextended due date the taxpayer has paid at least eighty percent
14 (80%) of the total tax due on the income tax return when it is filed, or the
15 total tax due on the income tax return for the prior year if a return was
16 filed for the prior year.
17 (b) If, on the unextended due date, the payment required to meet the pro-
18 visions of subsection (a) of this section, after consideration of any previous
19 credits or payments applicable to the return, is fifty dollars ($50.00) or
20 less, such payment shall not be required in order to qualify for the exten-
21 sion. However, interest shall accrue as provided in subsection (f) of this
22 section.
23 (c) Taxpayers residing outside any of the United States and Puerto Rico
24 (including persons in military or naval service) shall have an automatic
25 extension of time within which to file income tax returns with this state for
26 a period which shall expire on the fifteenth day of the sixth month following
27 the close of their taxable year.
28 (cd) Taxpayers who are military personnel or residents of foreign
29 nations and entitled to extensions for filing federal income tax returns as a
30 result of the application of the provisions of sections 911 and 7508 of the
31 Internal Revenue Code, shall be entitled to extensions of time for the same
32 period for filing income tax returns with the state of Idaho subject to the
33 requirements imposed in implementation of the indicated sections.
34 (de) Any taxpayer entitled to an extension under subsection (bc) or (cd)
35 of this section shall attach a statement to his return claiming his right to
36 the extension.
37 (ef) If the amount of payment made under subsection (a) of this section
38 is less than eighty percent (80%) of the total tax due under the provisions of
39 this chapter and is less than the amount of the total tax due on the income
40 tax return for the prior year, except as permitted by subsection (b) of this
41 section, a penalty may be applied to the total of the balance due unless rea-
42 sonable cause can be established. The penalty shall be:
43 (1) If the return is filed and taxes for the taxable year are paid on or
2
1 before the extended due date, two percent (2%) per month from the original
2 due date to the date of payment.
3 (2) If the return is not filed or the taxes for the taxable year are not
4 paid on or before the extended due date, the penalty provided in section
5 63-3046(c), Idaho Code, from the original due date.
6 (fg) In all cases of an extension of time in which to file any return,
7 interest shall be paid on any tax due from the original due date to date of
8 payment at the rate provided in section 63-3045, Idaho Code.
9 SECTION 2. This act shall be in full force and effect on and after Janu-
10 ary 1, 2002 and shall first apply to tax returns due on and after January 1,
11 2002.
STATEMENT OF PURPOSE
R.S. 10465
This bill eliminates the requirement to make small estimated tax
payments of less than $50 in order to qualify for an extension of
time to file an income tax return. It also clarifies the penalty
for underpayment of estimated taxes by limiting the penalty to
cases of failure to pay taxes but not to cases of failure to file
an income tax return. The effective date of the bill is January
1, 2002, making it applicable to income tax returns for the year
2001 filed in 2002.
FISCAL NOTE
This bill will cause a one-time delay of income tax receipts
from FY 2002 to FY 2003 of up to $500,000
CONTACT
Name: Dan John/Ted Spangler
Agency: State Tax Commission
Phone: 334-7530
STATEMENT OF PURPOSE/FISCAL NOTE H11