Print Friendly HOUSE BILL NO. 157 – Grocery tax credit, increased
HOUSE BILL NO. 157
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H0157...............................................by REVENUE AND TAXATION
INCOME TAX - GROCERY CREDIT - Amends existing law to increase the grocery
tax credit for resident individuals.
02/06 House intro - 1st rdg - to printing
02/07 Rpt prt - to Rev/Tax
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 157
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO INCOME TAX CREDITS AND REFUNDS; AMENDING SECTION 63-3024A, IDAHO
3 CODE, TO INCREASE THE INCOME TAX CREDIT FOR SALES TAXES PAID BY RESIDENT
4 INDIVIDUALS WHO ARE NOT ENTITLED TO THE INCOME TAX CREDIT FOR SALES TAXES
5 PAID BY RESIDENT INDIVIDUALS OVER SIXTY-FIVE YEARS OF AGE, TO INCREASE THE
6 INCOME TAX CREDIT FOR SALES TAX PAID BY RESIDENT INDIVIDUALS OVER SIXTY-
7 FIVE YEARS OF AGE, TO INCREASE THE REFUND ALLOWED TO RESIDENT INDIVIDUALS
8 OVER SIXTY-FIVE YEARS OF AGE WHO WERE NOT REQUIRED TO FILE AN IDAHO INCOME
9 TAX RETURN, TO INCREASE THE REFUND ALLOWED BY THE PROVISIONS OF THIS SEC-
10 TION TO RESIDENT INDIVIDUALS OVER SIXTY-TWO YEARS OF AGE WHO HAVE NOT
11 OTHERWISE RECEIVED OR HAVE RECEIVED LESS THAN, THE TAX CREDIT ALLOWED BY
12 THE PROVISIONS OF THIS SECTION AND TO MAKE TECHNICAL CORRECTIONS; DECLAR-
13 ING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.
14 Be It Enacted by the Legislature of the State of Idaho:
15 SECTION 1. That Section 63-3024A, Idaho Code, be, and the same is hereby
16 amended to read as follows:
17 63-3024A. CREDITS AND REFUNDS. (a) Any resident individual not entitled
18 to the credit allowed in subsection (b)(1), who is required to file by law and
19 who has filed an Idaho income tax return, shall be allowed a credit against
20 taxes due under the Idaho income tax act equal to the amount of fifteen thirty
21 dollars ($ 1530.00) for each personal exemption for which a deduction is per-
22 mitted by section 151(b) and (c) of the Internal Revenue Code if such deduc-
23 tion is claimed on the taxpayer's Idaho income tax return, and if the individ-
24 ual for whom the deduction is claimed is a resident of the state of Idaho. If
25 taxes due are less than the total credit allowed, the taxpayer shall be paid a
26 refund equal to the balance of the unused credit. If the credit or refund is
27 not claimed for the year for which the individual income tax return is filed,
28 the right thereafter to claim such credit or refund shall be forfeited. The
29 state tax commission shall prescribe the method by which the refund, if any,
30 is to be made to the taxpayer.
31 (b) (1) A resident individual who has reached his sixty-fifth birthday
32 before the end of his taxable year, who is required to file by law and who
33 has filed an Idaho income tax return, shall be allowed a credit against
34 taxes due under the Idaho income tax act equal to the amount of thirty
35 sixty dollars ($ 360.00) for each personal exemption representing himself,
36 a spouse over the age of sixty-five (65) years, or a dependent over the
37 age of sixty-five (65) years, but shall be allowed a credit against taxes
38 due under the Idaho income tax act equal to fifteen thirty dollars
39 ($ 1530.00) for each personal exemption representing a spouse or dependent
40 under the age of sixty-five (65) years. If taxes due are less than the
41 total credit allowed, the taxpayer shall be paid a refund equal to the
42 balance of the unused credit. If the credit or refund is not claimed for
43 the year for which the individual income tax return is filed, the right
1 thereafter to claim such credit or refund shall be forfeited. The state
2 tax commission shall prescribe the method by which the refund, if any, is
3 to be made to the taxpayer.
4 (2) A resident individual who has reached his sixty-fifth birthday and is
5 not required by law to file an Idaho income tax return and who has
6 received no credit or refund under any other subsection of this section,
7 shall be entitled to a refund of thirty sixty dollars ($ 360.00). Any
8 refund shall be paid to such individual only upon his making application
9 therefor at such time and in such manner as may be prescribed by the state
10 tax commission.
11 (c) A resident individual of the state of Idaho who is:
12 (i) blind, or
13 (ii) a disabled American veteran of any war engaged in by the United
14 States, whose disability is recognized as a service connected disability
15 of a degree of ten per cent percent (10%) or more, or who is in receipt of
16 a pension for nonservice connected disabilities, in accordance with laws
17 and regulations administered by the United States veterans administration,
18 substantiated by a statement as to status signed by a responsible officer
19 of the United States veterans administration, or
20 (iii) over sixty-two (62) years of age, and has been allowed none, or less
21 than all, of the credit provided by subsection (a) or subsection (b) of
22 this section, shall be entitled to a payment from the refund fund in an
23 amount equal to fifteen thirty dollars ($ 1530.00), or the balance of his
24 unused credit, whichever is less, upon making application therefor at such
25 time and in such manner as the state tax commission may prescribe.
26 (d) Any part-year resident entitled to a credit under this section shall
27 receive a proportionate credit, in the manner above provided, reflecting the
28 part of the year in which he was domiciled in this state.
29 (e) No credit or refund may be claimed for an exemption which represents
30 a person who has himself filed an Idaho income tax return claiming a deduction
31 for his own personal exemption, and in no event shall more than one (1) tax-
32 payer be allowed a credit or refund for the same exemption, or under more than
33 one (1) subsection of this section.
34 (f) The refunds authorized by this section shall be paid from the state
35 refund fund in the same manner as the refunds authorized by section 63-3067,
36 Idaho Code.
37 (g) An application for any refund which is due and payable under the pro-
38 visions of this section must be filed with the state tax commission within
39 three (3) years of:
40 (i) the due date, including extensions, of the return required under sec-
41 tion 63-3030, Idaho Code, if the applicant is required to file a return,
43 (ii) the 15th day of April of the year following the year to which the
44 application relates if the applicant is not required to file a return.
45 SECTION 2. An emergency existing therefor, which emergency is hereby
46 declared to exist, this act shall be in full force and effect on and after its
47 passage and approval, and retroactively to January 1, 2001.
STATEMENT OF PURPOSE
To double the grocery tax credit for individuals over the age of 65
from $30.00 to $60.00 and for all other resident individuals from
$15.00 to $30, beginning in tax year 2001.
Doubling the grocery tax credit would have a projected fiscal impact
of $18.6 million starting fiscal year 2002.
STATEMENT OF PURPOSE/FISCAL NOTE H 157
Name: Rep. Ken Roberts
Phone: 332 1000