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H0200...............................................by REVENUE AND TAXATION INCOME TAX - Amends, repeals and adds to existing law to reduce the individual income tax rates for taxable year 2001 and 2002 and thereafter; to provide for rebates of 10.6% of the 1999 income tax paid by individuals, subject to a $25.00 minimum and $25,000 maximum; to increase the grocery tax credit; to increase the capital gains deduction; to permanently reduce the corporate income tax rate by 0.2%; to provide five new or expanded income tax credits for research and development expenditures, creation of new jobs, providing new venture capital, installing broadband communications equipment, investing in counties with high unemployment or low personal income; to change the child care deduction to a credit equal to one-half the federal credit; and to permanently increase credit for caring for a dependent over 65 years of age or caring for a person who is developmentally disabled from $100 to $500. 02/09 House intro - 1st rdg - to printing 02/12 Rpt prt - to Rev/Tax
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 200 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO INCOME TAX RELIEF; AMENDING SECTION 63-3024, IDAHO CODE, TO PRO- 3 VIDE FOR A REDUCTION IN RATES OF ONE-TENTH OF ONE PERCENT FOR TAXABLE YEAR 4 2001 AND TO PROVIDE FOR A REDUCTION IN RATES OF FOUR-TENTHS OF ONE PERCENT 5 FOR TAXABLE YEAR 2002 AND THEREAFTER; AMENDING CHAPTER 30, TITLE 63, IDAHO 6 CODE, BY THE ADDITION OF A NEW SECTION 63-3081, IDAHO CODE, TO PROVIDE A 7 REBATE OF INCOME TAXES PAID BY INDIVIDUALS FOR TAXABLE YEARS BEGINNING IN 8 1999, TO DETERMINE THE RATE OF THE REBATE, TO SET MAXIMUM AND MINIMUM 9 AMOUNTS, TO PROVIDE PROCEDURES, TO APPROPRIATE MONEYS AND TO AUTHORIZE 10 CONTRACTS; REPEALING SECTION 63-3022D, IDAHO CODE; AMENDING SECTION 11 63-3022E, IDAHO CODE, TO INCREASE THE DEDUCTION FOR DEPENDENTS SIXTY-FIVE 12 YEARS OF AGE OR OLDER OR PERSONS WITH DEVELOPMENTAL DISABILITIES FROM ONE 13 THOUSAND DOLLARS TO FIVE THOUSAND DOLLARS; AMENDING SECTION 63-3022H, 14 IDAHO CODE, TO INCREASE THE DEDUCTION ALLOWED FOR QUALIFIED CAPITAL GAINS 15 AND TO ADD CERTAIN INVESTMENTS HELD BY IDAHO PRIVATE VENTURE CAPITAL COM- 16 PANIES FOR A PERIOD OF THREE YEARS TO THE PROPERTY QUALIFYING FOR THE CAP- 17 ITAL GAINS DEDUCTION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 18 63-3024A, IDAHO CODE, TO INCREASE THE INCOME TAX CREDIT FOR SALES TAXES 19 PAID BY INDIVIDUALS AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 20 63-3025, IDAHO CODE, TO REDUCE THE CORPORATE INCOME TAX RATE FROM EIGHT TO 21 SEVEN AND EIGHT-TENTHS PERCENT FOR TAXABLE YEAR 2001 AND TO SEVEN AND 22 FIVE-TENTHS PERCENT FOR TAXABLE YEAR 2002 AND THEREAFTER; AMENDING SECTION 23 63-3025A, IDAHO CODE, TO REDUCE THE CORPORATE FRANCHISE TAX RATE FROM 24 EIGHT PERCENT TO THE RATE OF THE CORPORATE INCOME TAX AND TO MAKE TECHNI- 25 CAL CORRECTIONS; AMENDING SECTION 63-3025D, IDAHO CODE, TO INCREASE THE 26 PAYMENT FOR DEPENDENTS SIXTY-FIVE YEARS OF AGE OR OLDER OR PERSONS WITH 27 DEVELOPMENTAL DISABILITIES FROM ONE HUNDRED DOLLARS TO FIVE HUNDRED DOL- 28 LARS AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 63-3029B, IDAHO 29 CODE, TO PROVIDE THAT TAXPAYERS MAKING EXPENDITURES FOR QUALIFIED 30 BROADBAND EQUIPMENT ARE ENTITLED TO THE CREDIT AND TO REVISE PROCEDURES 31 FOR RECAPTURE; AMENDING SECTIONS 63-3029E AND 63-3029F, IDAHO CODE, TO 32 EXPAND THE NEW JOBS CREDIT BY REMOVING THE LIMITATION OF QUALIFYING TAX- 33 PAYERS TO REVENUE-PRODUCING ENTERPRISE CREATING VALUE-ADDED NATURAL 34 RESOURCE PRODUCTS; AMENDING CHAPTER 30, TITLE 63, IDAHO CODE, BY THE 35 ADDITION OF A NEW SECTION 63-3029G, IDAHO CODE, TO PROVIDE AN INCOME TAX 36 CREDIT FOR CERTAIN EXPENDITURES RELATING TO RESEARCH ACTIVITIES CONDUCTED 37 IN IDAHO, TO PROVIDE A SUNSET, TO PROVIDE A CARRYOVER OF UNUSED CREDITS, 38 TO PROVIDE DEFINITIONS AND TO PROVIDE PROCEDURES; AMENDING SECTION 39 63-3029H, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING CHAPTER 30, 40 TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 63-3029H, IDAHO 41 CODE, TO PROVIDE A CREDIT FOR EXPENSES FOR HOUSEHOLD AND DEPENDENT CARE; 42 AMENDING CHAPTER 30, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SEC- 43 TION 63-3029I, IDAHO CODE, TO PROVIDE AN INCOME TAX CREDIT FOR CERTAIN 44 EXPENDITURES RELATING TO HIGH SPEED BROADBAND COMMUNICATIONS ACCESS IN 45 IDAHO, TO PROVIDE A SUNSET, TO PROVIDE A CARRYOVER OF UNUSED CREDITS, TO 46 PROVIDE DEFINITIONS AND TO PROVIDE PROCEDURES; AMENDING CHAPTER 30, TITLE 2 1 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 63-3029J, IDAHO CODE, TO 2 PROVIDE AN INCOME TAX CREDIT FOR CERTAIN EXPENDITURES RELATING TO INVEST- 3 MENT IN AREAS IN IDAHO WITH HIGH UNEMPLOYMENT OR LOW PERSONAL INCOME AT 4 THE ELECTION OF THE TAXPAYER, TO PROVIDE A SUNSET, TO PROVIDE A CARRYOVER 5 OF UNUSED CREDITS, TO PROVIDE DEFINITIONS AND TO PROVIDE PROCEDURES; 6 AMENDING CHAPTER 30, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SEC- 7 TION 63-3029K, IDAHO CODE, TO PROVIDE A TEN PERCENT INCOME TAX CREDIT FOR 8 INVESTMENTS IN IDAHO PRIVATE VENTURE CAPITAL COMPANIES, TO PROVIDE A SUN- 9 SET, TO PROVIDE A CARRYOVER OF UNUSED CREDITS, TO PROVIDE DEFINITIONS AND 10 TO PROVIDE PROCEDURES; REPEALING SECTIONS 63-3029E AND 63-3029F, IDAHO 11 CODE; AMENDING CHAPTER 30, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW 12 SECTION 63-3029E, IDAHO CODE, TO PROVIDE DEFINITIONS AND CONSTRUCTION OF 13 TERMS; AMENDING CHAPTER 30, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW 14 SECTION 63-3029F, IDAHO CODE, TO PROVIDE SPECIAL CREDITS TO THE INCOME TAX 15 FOR NEW EMPLOYEES FOR AN ENTERPRISE THAT PRODUCES, ASSEMBLES, FABRICATES 16 OR PROCESSES NATURAL RESOURCE PRODUCTS; PROVIDING FOR NONSEVERABILITY OF 17 CERTAIN PROVISIONS OF THIS ACT; DECLARING AN EMERGENCY, PROVIDING RETROAC- 18 TIVE APPLICATION FOR CERTAIN PROVISIONS OF THIS ACT AND PROVIDING EFFEC- 19 TIVE DATES. 20 Be It Enacted by the Legislature of the State of Idaho: 21 SECTION 1. That Section 63-3024, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 63-3024. INDIVIDUALS' TAX AND TAX ON ESTATES AND TRUSTS. For taxable year 24 20001, a tax measured by Idaho taxable income as defined in this chapter is 25 hereby imposed upon every individual, trust, or estate required by this chap- 26 ter to file a return. 27 (a) (i) The tax imposed upon individuals, trusts and estates shall be 28 computed at the following rates: 29 When Idaho taxable income is: The rate is: 30 Less than $1,000 One and nine-tenths percent (1.9%) 31 $1,000 but less than $2,000 $19, plus three and nine-tenths 32 percent (3.9%) of the amount over $1,000 33 $2,000 but less than $3,000 $58, plus four and four-tenths 34 percent (4.4%) of the amount over $2,000 35 $3,000 but less than $4,000 $102, plus five and four-tenths 36 percent (5.4%) of the amount over $3,000 37 $4,000 but less than $5,000 $156, plus six and four-tenths 38 percent (6.4%) of the amount over $4,000 39 $5,000 but less than $7,500 $220, plus seven and four-tenths 40 percent (7.4%) of the amount over $5,000 41 $7,500 but less than $20,000 $405, plus seven and seven-tenths 42 percent (7.7%) of the amount over $7,500 43 Over $20,000 $1,367.50, plus eight and one-tenth 44 percent (8.1%) of the amount over $20,000 45 (ii) For taxable year 20012 and each taxable year thereafter, a tax mea- 46 sured by Idaho taxable income as defined in this chapter is hereby imposed 47 upon every individual, trust, or estate required by this chapter to file a 48 return. 49 The tax imposed upon individuals, trusts and estates shall be computed at the 50 following rates: 51 When Idaho taxable income is: The rate is: 52Less than $1,000Two percent (2.0%)3 1$1,000 but less than $2,000$20, plus four percent (4.0%)2of the amount over $1,0003$2,000 but less than $3,000$60, plus four and one-half percent4(4.5%) of the amount over $2,0005$3,000 but less than $4,000$105, plus five and one-half percent6(5.5%) of the amount over $3,0007$4,000 but less than $5,000$160, plus six and one-half percent8(6.5%) of the amount over $4,0009$5,000 but less than $7,500$225, plus seven and one-half percent10(7.5%) of the amount over $5,00011$7,500 but less than $20,000$412.50, plus seven and eight-tenths percent12(7.8%) of the amount over $7,50013Over $20,000$1,387.50, plus eight and two-tenths percent14(8.2%) of the amount over $20,00015 Less than $1,000 One and five-tenths percent (1.5%) 16 $1,000 but less than $2,000 $15, plus three and five-tenths percent 17 (3.5%) of the amount over $1,000 18 $2,000 but less than $3,000 $50, plus four percent 19 (4.0%) of the amount over $2,000 20 $3,000 but less than $4,000 $90, plus five percent 21 (5.0%) of the amount over $3,000 22 $4,000 but less than $5,000 $140, plus six percent 23 (6.0%) of the amount over $4,000 24 $5,000 but less than $7,500 $200, plus seven percent 25 (7.0%) of the amount over $5,000 26 $7,500 but less than $20,000 $375, plus seven and three-tenths percent 27 (7.3%) of the amount over $7,500 28 Over $20,000 $1,287.50, plus seven and seven-tenths percent 29 (7.7%) of the amount over $20,000 30 For taxable year 2000 and each year thereafter, the state tax commission 31 shall prescribe a factor which shall be used to compute the Idaho income tax 32 brackets provided in subsections (a)(i) and (a)(ii) of this section. The fac- 33 tor shall provide an adjustment to the Idaho tax brackets so that inflation 34 will not result in a tax increase. The Idaho tax brackets shall be adjusted as 35 follows: multiply the bracket amounts by the percentage (the consumer price 36 index for the calendar year immediately preceding the calendar year to which 37 the adjusted brackets will apply divided by the consumer price index for cal- 38 endar year 1998). For the purpose of this computation, the consumer price 39 index for any calendar year is the average of the consumer price index as of 40 the close of the twelve (12) month period for the immediately preceding calen- 41 dar year as adopted by the state tax commission. This adoption shall be exempt 42 from the provisions of chapter 52, title 67, Idaho Code. The consumer price 43 index shall mean the consumer price index for all U.S. urban consumers pub- 44 lished by the United States department of labor. The state tax commission 45 shall annually include the factor as provided in this subsection to multiply 46 against Idaho taxable income in the brackets above to arrive at that year's 47 taxable income for tax bracket purposes. 48 (b) In case a joint return is filed by husband and wife pursuant to the 49 provisions of section 63-3031, Idaho Code, the tax imposed by this section 50 shall be twice the tax which would be imposed on one-half (1/2) of the aggre- 51 gate Idaho taxable income. For the purposes of this section, a return of a 52 surviving spouse, as defined in section 2(a) of the Internal Revenue Code, and 53 a head of household, as defined in section 2(b) of the Internal Revenue Code, 54 shall be treated as a joint return and the tax imposed shall be twice the tax 55 which would be imposed on one-half (1/2) of the Idaho taxable income. 4 1 (c) The state tax commission shall compute and publish Idaho income tax 2 liability for taxpayers at the midpoint of each bracket of Idaho taxable 3 income in fifty dollar ($50.00) steps to fifty thousand dollars ($50,000), 4 rounding such calculations to the nearest dollar. Taxpayers having income 5 within such brackets shall file returns based upon and pay taxes according to 6 the schedule thus established. The state tax commission shall promulgate rules 7 defining the conditions upon which such returns shall be filed. 8 SECTION 2. That Chapter 30, Title 63, Idaho Code, be, and the same is 9 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 10 ignated as Section 63-3081, Idaho Code, and to read as follows: 11 63-3081. REBATE OF INCOME TAX. (1) Subject to the limitations of this 12 section, in regard to each individual income tax return required to be filed 13 pursuant to section 63-3030, Idaho Code, and that is actually filed, for a 14 twelve (12) month taxable year beginning in 1999 for which tax is imposed by 15 section 63-3024, Idaho Code, on at least one dollar ($1.00) of Idaho taxable 16 income, the state tax commission shall, on a one-time basis, rebate to the 17 taxpayer named on the return the amount specified in subsection (2) of this 18 section. In the case of a joint return, the rebate shall be paid to both tax- 19 payers jointly. 20 (2) (a) The rebate provided by subsection (1) of this section shall be 21 ten and six-tenths percent (10.6%) of the amount of tax computed under 22 section 63-3024, Idaho Code, reduced by credits provided by: 23 (i) Section 63-3029, Idaho Code, relating to taxes paid to another 24 state; 25 (ii) Sections 63-3029A and 63-3029C, Idaho Code, relating to certain 26 charitable contributions; 27 (iii) Section 63-3029B, Idaho Code, relating to capital investments; 28 (iv) Section 63-3029D, Idaho Code, relating to qualified equipment 29 utilizing postconsumer waste or postindustrial waste. 30 (b) When the amount of a rebate payable under subsection (2)(a) of this 31 section is less than twenty-five dollars ($25.00), the amount of the 32 rebate shall be twenty-five dollars ($25.00). When the amount of a rebate 33 payable under subsection (2)(a) of this section is more than two thousand 34 five hundred dollars ($2,500), the amount of the rebate shall be two thou- 35 sand five hundred dollars ($2,500). In the case of married taxpayers fil- 36 ing separate returns, only one (1) minimum or maximum rebate shall be 37 paid. 38 (3) No rebate shall be paid pursuant to this section in regard to a 39 return described in subsection (1) of this section if the return is not filed 40 within three (3) years of the original due date of the return, without regard 41 to extensions. In the event that the amount of tax due on a return filed 42 within the time required by this subsection is amended by the taxpayer or 43 changed by the state tax commission the rebate provided by this section shall 44 be adjusted proportionally. The state tax commission may offset a rebate 45 against taxes assessed the taxpayer but unpaid. 46 (4) In the case of a short period return, the rebates provided by this 47 section shall be reduced in proportion to the portion of calendar year 1999 to 48 which the return applies. 49 (5) Except as provided in this subsection, no application for a rebate 50 provided in this section shall be required. The state tax commission shall 51 cause each rebate to be mailed to the taxpayer or taxpayers at the address 52 shown on the return, unless, as a result of a more recent return, a newer 53 address is shown on the commission's records. The state tax commission may 5 1 provide a procedure by which rebates that are returned or undeliverable may be 2 claimed. 3 (6) Any person aggrieved by any action of the state tax commission in 4 regard to the rebates provided in this section shall file a petition with the 5 state tax commission in the manner provided in section 63-3045, Idaho Code. 6 Such a petition shall be subject to administrative and judicial review in the 7 manner provided by sections 63-3045 through 63-3049, Idaho Code. 8 (7) Rebates authorized by this section shall be paid from the state 9 refund account established by section 63-3067, Idaho Code, from which the 10 amounts necessary to pay the rebates are hereby appropriated. In the event 11 that, at the time the rebates are paid, there is an insufficient balance in 12 the state refund account, the state board of examiners, upon application by 13 the state tax commission, shall transfer sufficient funds from the general 14 fund to make the rebate payments and any other refunds due and payable from 15 the state refund account. 16 (8) The state tax commission, the state treasurer and the state control- 17 ler may contract with a commercial bank for some or all of the services, 18 including issuing payments, relating to payment of the rebate provided in 19 this section. 20 SECTION 3. That Section 63-3022D, Idaho Code, be, and the same is hereby 21 repealed. 22 SECTION 4. That Section 63-3022E, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 63-3022E. HOUSEHOLD DEDUCTION FOR DEPENDENTS SIXTY-FIVE YEARS OF AGE OR 25 OLDER OR PERSONS WITH DEVELOPMENTAL DISABILITIES. (1) An additional deduction 26 from taxable income shall be allowed in the case of an individual who main- 27 tains a household, which includes as an immediate member of the family resid- 28 ing in that household, one (1) or more individuals sixty-five (65) years of 29 age or older, or a person with developmental disabilities as defined in sub- 30 section (5) of section 66-402, Idaho Code, regardless of the age of the person 31 when such developmental disability appeared, each of whom receives more than 32 one-half (1/2) of his or her support for the year from the individual who 33 maintains the household. The amount of the deduction shall beonefive thou- 34 sand dollars ($15,000) for each individual sixty-five (65) years of age or 35 older or with developmental disabilities. 36 (2) There shall not be allowed more than three (3) deductions ofonefive 37 thousand dollars ($15,000) under the provisions of this section on any one (1) 38 return. 39 (3) No deductions shall be allowed under this section for the person(s) 40 in whose name(s) the income tax return is filed except as set forth in subsec- 41 tion (4) of this section. 42 (4) A deduction ofonefive thousand dollars ($15,000) shall be allowed 43 under this section for a person with a developmental disability, as defined in 44 subsection (5) of section 66-402, Idaho Code, who is filing his own return. 45 SECTION 5. That Section 63-3022H, Idaho Code, be, and the same is hereby 46 amended to read as follows: 47 63-3022H. DEDUCTION OF CAPITAL GAINS. (1) If an individual taxpayer 48 reports a net capital gain in determining taxable income,sixtyone hundred 49 percent (6100%) of the net capital gain from the sale or exchange of qualified 50 property shall be a deduction in determining taxable income. 6 1 (2) The deduction provided in this section is limited to the amount of 2 the net capital gain from all property included in federal taxable income. Net 3 capital gains treated as ordinary income by theiInternalrRevenuecCode do 4 not qualify for the deduction allowed in this section. The deduction otherwise 5 allowable under this section shall be reduced by the amount of any federal 6 capital gains deduction relating to such property, but not below zero. 7 (3) As used in this section "qualified property" means the following 8 property having an Idaho situs at the time of sale: 9 (a) Real property held at least eighteen (18) months; 10 (b) Tangible personal property used in Idaho for at least twelve (12) 11 months by a revenue-producing enterprise; 12 (c) Cattle or horses held for breeding, draft, dairy or sporting purposes 13 for at least twenty-four (24) months if more than one-half (1/2) of the 14 taxpayer's gross income (as defined in section 61(a) of theiInternal 15rRevenuecCode) for the taxable year is from farming or ranching opera- 16 tions in Idaho; 17 (d) Breeding livestock other than cattle or horses held at least twelve 18 (12) months if more than one-half (1/2) of the taxpayer's gross income (as 19 defined in section 61(a) of theiInternalrRevenuecCode) for the taxable 20 year is from farming or ranching operations in Idaho; 21 (e) Timber grown in Idaho and held at least twenty-four (24) months; 22 (f) An equity interest held by an Idaho private venture capital company 23 as defined in section 63-3029K, Idaho Code, including stock in a corpora- 24 tion, interest in a partnership or membership in a limited liability com- 25 pany, if: 26 (i) The Idaho private venture capital company or its investors have 27 held the equity interest for at least three (3) years from the date 28 of the original investment; and 29 (ii) The equity interest is issued by a business enterprise that is 30 headquartered and managed in Idaho whose business activity for the 31 entity's three (3) taxable years immediately preceding the sale is 32 entirely in Idaho or at least fifty percent (50%) in Idaho as deter- 33 mined by the average property and payroll factors under section 34 63-3027, Idaho Code. 35 (g) 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 44 the S corporation or the partnership for the time required by subsection (3) 45 of this section for the property sold. 46 (5) If an individual reports a capital gain from an estate, no deduction 47 shall be allowed under this section unless the holding period required in sub- 48 section (3) of this section was satisfied by the decedent, the estate, or the 49 beneficiary, or a combination thereof. 50 (6) If an individual reports a capital gain from a trust, no deduction 51 shall be allowed under this section unless the holding period required in sub- 52 section (3) of this section was satisfied by the grantor, the trust, or the 53 beneficiary, or a combination thereof. 54 (7) As used in this section "revenue-producing enterprise" means: 55 (a) The production, assembly, fabrication, manufacture, or processing of 7 1 any agricultural, mineral or manufactured product; 2 (b) The storage, warehousing, distribution, or sale at wholesale of any 3 products of agriculture, mining or manufacturing; 4 (c) The feeding of livestock at a feedlot; 5 (d) The operation of laboratories or other facilities for scientific, 6 agricultural, animal husbandry, or industrial research, development, or 7 testing. 8 SECTION 6. That Section 63-3024A, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 63-3024A. CREDITS AND REFUNDS. (a) Any resident individual not entitled 11 to the credit allowed in subsection (b)(1), who is required to file by law and 12 who has filed an Idaho income tax return, shall be allowed a credit against 13 taxes due under the Idaho income tax act equal to the amount offifteenthirty 14 dollars ($1530.00) for each personal exemption for which a deduction is per- 15 mitted by section 151(b) and (c) of the Internal Revenue Code if such deduc- 16 tion is claimed on the taxpayer's Idaho income tax return, and if the individ- 17 ual for whom the deduction is claimed is a resident of the state of Idaho. If 18 taxes due are less than the total credit allowed, the taxpayer shall be paid a 19 refund equal to the balance of the unused credit. If the credit or refund is 20 not claimed for the year for which the individual income tax return is filed, 21 the right thereafter to claim such credit or refund shall be forfeited. The 22 state tax commission shall prescribe the method by which the refund, if any, 23 is to be made to the taxpayer. 24 (b) (1) A resident individual who has reached his sixty-fifth birthday 25 before the end of his taxable year, who is required to file by law and who 26 has filed an Idaho income tax return, shall be allowed a credit against 27 taxes due under the Idaho income tax act equal to the amount ofthirty28 sixty dollars ($360.00) for each personal exemption representing himself, 29 a spouse over the age of sixty-five (65) years, or a dependent over the 30 age of sixty-five (65) years, but shall be allowed a credit against taxes 31 due under the Idaho income tax act equal tofifteenthirty dollars 32 ($1530.00) for each personal exemption representing a spouse or dependent 33 under the age of sixty-five (65) years. If taxes due are less than the 34 total credit allowed, the taxpayer shall be paid a refund equal to the 35 balance of the unused credit. If the credit or refund is not claimed for 36 the year for which the individual income tax return is filed, the right 37 thereafter to claim such credit or refund shall be forfeited. The state 38 tax commission shall prescribe the method by which the refund, if any, is 39 to be made to the taxpayer. 40 (2) A resident individual who has reached his sixty-fifth birthday and is 41 not required by law to file an Idaho income tax return and who has 42 received no credit or refund under any other subsection of this section, 43 shall be entitled to a refund ofthirtysixty dollars ($360.00). Any 44 refund shall be paid to such individual only upon his making application 45 therefor at such time and in such manner as may be prescribed by the state 46 tax commission. 47 (c) A resident individual of the state of Idaho who is: 48 (i) blind, or 49 (ii) a disabled American veteran of any war engaged in by the United 50 States, whose disability is recognized as a service connected disability 51 of a degree of tenper centpercent (10%) or more, or who is in receipt of 52 a pension for nonservice connected disabilities, in accordance with laws 53 and regulations administered by the United States veterans administration, 8 1 substantiated by a statement as to status signed by a responsible officer 2 of the United States veterans administration, or 3 (iii) over sixty-two (62) years of age, and has been allowed none, or less 4 than all, of the credit provided by subsection (a) or subsection (b) of 5 this section, shall be entitled to a payment from the refund fund in an 6 amount equal tofifteenthirty dollars ($1530.00), or the balance of his 7 unused credit, whichever is less, upon making application therefor at such 8 time and in such manner as the state tax commission may prescribe. 9 (d) Any part-year resident entitled to a credit under this section shall 10 receive a proportionate credit, in the manner above provided, reflecting the 11 part of the year in which he was domiciled in this state. 12 (e) No credit or refund may be claimed for an exemption which represents 13 a person who has himself filed an Idaho income tax return claiming a deduction 14 for his own personal exemption, and in no event shall more than one (1) tax- 15 payer be allowed a credit or refund for the same exemption, or under more than 16 one (1) subsection of this section. 17 (f) The refunds authorized by this section shall be paid from the state 18 refund fund in the same manner as the refunds authorized by section 63-3067, 19 Idaho Code. 20 (g) An application for any refund which is due and payable under the pro- 21 visions of this section must be filed with the state tax commission within 22 three (3) years of: 23 (i) the due date, including extensions, of the return required under sec- 24 tion 63-3030, Idaho Code, if the applicant is required to file a return, 25 or 26 (ii) the 15th day of April of the year following the year to which the 27 application relates if the applicant is not required to file a return. 28 SECTION 7. That Section 63-3025, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 63-3025. TAX ON CORPORATE INCOME. For taxable years commencing on and 31 after January 1,19872001, a tax is hereby imposed on the Idaho taxable 32 income of a corporation which transacts or is authorized to transact business 33 in this state or which has income attributable to this state. The tax shall be 34 equal toeightseven and eight-tenths percent (7.8%) of Idaho taxable income 35 for taxable year 2001 and seven and five-tenths percent (7.5%) of Idaho tax- 36 able income for taxable year 2002 and thereafter; provided, however, that the 37 tax shall not be less than twenty dollars ($20.00); provided further that the 38 twenty dollar ($20.00) minimum payment shall not be collected from nonproduc- 39 tive mining corporations. The tax imposed by this section shall not apply to 40 corporations taxed pursuant to the provisions of section 63-3025A, Idaho Code. 41 SECTION 8. That Section 63-3025A, Idaho Code, be, and the same is hereby 42 amended to read as follows: 43 63-3025A. FRANCHISE TAX. For taxable years commencing on and after Janu- 44 ary 1,19872001, a franchise tax shall be imposed upon any corporation for 45 the privilege of exercising its corporate franchise within the state during 46 such taxable year,including, but not limited to, corporations engaged in 47 business in Idaho for the exclusive purpose of performing contracts with the 48 United States department of energy at the Idaho national engineering and envi- 49 ronmental laboratory, which tax shall be measured by income which is attribut- 50 able to this state under the provisions of this chapter and which tax shall be 51equal to eight percent (8%) of Idaho taxable incomeat the rate provided in 9 1 section 63-3025, Idaho Code; provided, however, that the tax shall not be less 2 than twenty dollars ($20.00); provided further that the twenty dollar ($20.00) 3 minimum payment shall not be collected from nonproductive mining corporations; 4 but the twenty dollar ($20.00) minimum tax shall apply to corporations quali- 5 fied to file returns and actually filing returns under the provisions of sub- 6 chapter "S" of the Internal Revenue Code. 7 SECTION 9. That Section 63-3025D, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 63-3025D. PAYMENT FOR DEPENDENTS SIXTY-FIVE YEARS OF AGE OR OLDER OR PER- 10 SONS WITH DEVELOPMENTAL DISABILITIES. (1) In lieu of the deduction from tax- 11 able income allowed by section 63-3022E, Idaho Code, a resident individual who 12 maintains a household, which includes as an immediate member of the family 13 residing in that household, one (1) or more individuals sixty-five (65) years 14 of age or older or individuals with developmental disabilities, as defined in 15 subsection (5) of section 66-402, Idaho Code, each of whom receives more than 16 one-half (1/2) of his or her support for the year from the individual who 17 maintains the household, shall be entitled to a payment from the refund 18 account ofonefive hundred dollars ($1500) for each such elderly member of 19 the family or family member with a developmental disability. Any such payment 20 shall be paid to such individual only upon his making application therefor at 21 such time and in such manner as may be prescribed by the state tax commission. 22 (2) No more than three (3) such payments shall be made under the provi- 23 sions of this section to any one (1) individual in any calendar year. 24 (3) No payment may be claimed under the provisions of this section by the 25 individual himself except as set forth in subsection (4) of this section. 26 (4) A credit ofonefive hundred dollars ($1500) shall be allowed under 27 this section for a person with a developmental disability as defined in sub- 28 section (5) of section 66-402, Idaho Code, who is filing his own tax return. 29 SECTION 10. That Section 63-3029B, Idaho Code, be, and the same is hereby 30 amended to read as follows: 31 63-3029B. INCOME TAX CREDIT FOR CAPITAL INVESTMENT. (1) At the election 32 of the taxpayer there shall be allowed, subject to the applicable limitations 33 provided herein as a credit against the income tax imposed by chapter 30, 34 title 63, Idaho Code, an amount equal to the sum of: 35 (a) The tax credit carryovers; and 36 (b) The tax credit for the taxable year. 37 (2) The maximum allowable amount of the credit for the current taxable 38 year shall be three percent (3%) of the amount of qualified investments made 39 during the taxable year. 40 (3) As used in this section "qualified investment" means certain depre- 41 ciable property which: 42 (a) (i) Is eligible for the federal investment tax credit, as defined in 43 sections 46(c) and 48 of the Internal Revenue Code subject to the 44 limitations provided for certain regulated companies in section 46(f) 45 of the Internal Revenue Code and is not a motor vehicle under eight 46 thousand (8,000) pounds gross weight; or 47 (ii) Is qualified broadband equipment as defined in section 63-3029I, 48 Idaho Code; and 49 (b) Is acquired, constructed, reconstructed, erected or placed into ser- 50 vice after December 31, 1981; and 51 (c) Has a situs in Idaho. 10 1 (4) Notwithstanding the provisions of subsections (1) and (2) of this 2 section, the amount of the credit allowed shall not exceed fifty percent (50%) 3 of the tax liability of the taxpayer. 4 (5) If the sum of credit carryovers from the credit allowed by subsection 5 (2) of this section and the amount of credit for the taxable year from the 6 credit allowed by subsection (2) of this section exceed the limitation imposed 7 by subsection (4) of this section for the current taxable year, the excess 8 attributable to the current taxable year's credit shall be an investment 9 credit carryover to the fourteen (14) succeeding taxable years. In the case of 10 a group of corporations filing a combined report under section 63-3027, Idaho 11 Code, or sections 63-3027B through 63-3027E, Idaho Code, credit earned by one 12 (1) member of the group but not used by that member may be used by another 13 member of the group, subject to the provisions of subsection (4) of this sec- 14 tion, instead of carried over. The entire amount of unused credit shall be 15 carried forward to the earliest of the succeeding years, wherein the oldest 16 available unused credit shall be used first, so long as the qualified invest- 17 ment property for which the unused credit was granted still maintains Idaho 18 situs. For a combined group of corporations, credit carried forward may be 19 claimed by any member of the group unless the member who earned the credit is 20 no longer included in the combined group. 21 (6) Any recapture of the credit allowed by subsection (2) of this section 22 on property disposed of or ceasing to qualify, prior to the close ofits use-23ful lifethe recapture period, shall be determined according to the applicable 24 recapture provisions of the Internal Revenue Code. In the case of a unitary 25 group of corporations, the increase in tax due to the recapture of investment 26 tax credit must be reported by the member of the group who earned the credit 27 regardless of which member claimed the credit against tax. 28 (7) For the purpose of determining whether property placed in service is 29 a "qualified investment" as defined in subsection (3) of this section, the 30 provisions of section 49 of the Internal Revenue Code shall be disregarded. 31 (8) For purposes of this section, property has a situs in Idaho during a 32 taxable year if it is used in Idaho at any time during the taxable year. Prop- 33 erty not used in Idaho during a taxable year does not have a situs in Idaho in 34 the taxable year during which the property is not used in Idaho or in any sub- 35 sequent taxable year. No credit or carryover of credit is permitted under this 36 section if the credit or carryover relates to property that does not have a 37 situs in Idaho during the taxable year for which the credit or carryover is 38 claimed. The Idaho situs of property must be established by records maintained 39 by the taxpayer which are created reasonably contemporaneously with the use of 40 the property. 41 (9) In the case of property used both in and outside Idaho, the taxpayer, 42 electing to claim the credit provided in this section, must elect to compute 43 the qualified investment in property with a situs in Idaho for all such 44 investments first qualifying during that year in one (1), but only one (1), of 45 the following ways: 46 (a) The amount of each qualified investment in a specific asset shall be 47 separately computed based on the percentage of the actual use of the prop- 48 erty in Idaho by using a measure of the use, such as total miles or total 49 machine hours, that most accurately reflects the beneficial use during the 50 taxable year in which it is first acquired, constructed, reconstructed, 51 erected or placed into service; provided, that the asset is placed in ser- 52 vice more than ninety (90) days before the end of the taxable year. In the 53 case of assets acquired, constructed, reconstructed, erected or placed 54 into service within ninety (90) days prior to the end of the taxable year 55 in which the investment first qualifies, the measure of the use of that 11 1 asset within Idaho for that year shall be based upon the percentage of use 2 in Idaho during the first ninety (90) days of use of the asset; 3 (b) The investment in qualified property used both inside and outside 4 Idaho during the taxable year in which it is first acquired, constructed, 5 reconstructed, erected or placed into service shall be multiplied by the 6 percent of the investment that would be included in the numerator of the 7 Idaho property factor determined pursuant to section 63-3027, Idaho Code, 8 for the same year. 9 (10) Only for the purposes of subsections (3)(a) and (7) of this section, 10 references to sections of the "Internal Revenue Code" mean the sections 11 referred to as they existed in the Internal Revenue Code of 1986 prior to 12 November 5, 1990. 13 SECTION 11. That Section 63-3029E, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 63-3029E. DEFINITIONS -- CONSTRUCTION OF TERMS. As used in this section 16 and in section 63-3029F, Idaho Code: 17 (1) (a) "New employee" means a person from whom Idaho income tax has been 18 withheld, employed by the taxpayer,in a revenue-producing enterprise cre-19ating value-added natural resource products,and covered for unemployment 20 insurance purposes under chapter 13, title 72, Idaho Code, during the tax- 21 able year for which the credit allowed by section 63-3029F, Idaho Code, is 22 claimed. A person shall be deemed to be so engaged if such person performs 23 duties on: 24 (i) A regular full-time basis; or 25 (ii) A part-time basis if such person is customarily performing such 26 duties at least twenty (20) hours per week. 27 No credit shall be earned unless the new employee shall have performed 28 such duties for the taxpayer for a minimum of nine (9) months during the 29 taxable year for which the credit is claimed. 30 (b) The provisions of paragraph (a) of this subsection notwithstanding, 31 no credit shall be allowed for employment of persons by a taxpayer who 32 acquires a revenue-producing enterprise from another taxpayer or who oper- 33 ates in a place of business the same or a substantially identicalrevenue-34producing value-added natural resource products enterprisebusiness as 35 operated by another taxpayer within the prior twelve (12) months, except 36 as the prior taxpayer would have qualified under the provisions of para- 37 graph (c) of this subsection. Employees transferred from a related tax- 38 payer shall not be included in the computation of the credit. 39 (c) The number of employees during any taxable year for any taxpayer 40 shall be the mathematical average of the number of employees reported to 41 the Idaho department of labor for employment security purposes during the 42 twelve (12) months of the taxable year which qualified under paragraph (a) 43 of this subsection. In the event the business is in operation for less 44 than the entire taxable year, the number of employees of the business for 45 the year shall be the average number actually employed during the months 46 of operation, providing that the qualifications of paragraph (a) of this 47 subsection are met. 48 (2)"Revenue-producing enterprise" means the production, assembly, fabri-49cation, manufacture or processing of any natural resource product.50(3)"Same or a substantially identicalrevenue-producing enterprisebusi- 51 ness" means arevenue-producing enterprisebusiness in which the products pro- 52 duced or sold, or the activities conducted are the same in character and use 53 and are produced, sold or conducted in the same manner as, or for the same 12 1 types of customers as, the products or activities produced, sold or conducted 2 in anotherrevenue-producing enterprisebusiness. 3 SECTION 12. That Section 63-3029F, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 63-3029F. SPECIAL CREDIT AVAILABLE -- NEW EMPLOYEES. (1) Any taxpayer 6 shall be allowed a credit, in an amount determined under subsection (2) of 7 this section, against the tax imposed by this chapter, other than the tax 8 imposed by section 63-3082, Idaho Code, for any taxable year during which the 9 taxpayer's employment of new employees, as defined under section 63-3029E(1), 10 Idaho Code, increases above the taxpayer's average employment for either: (a) 11 the prior taxable year, or (b) the average of three (3) prior taxable years, 12 whichever is higher. No credit shall be allowed under this section unless the 13 number of new employees equals or exceeds one (1) person. 14 (2) The credit authorized in subsection (1) of this section shall be five 15 hundred dollars ($500) per new employee, but the total credit allowed shall 16 not exceed three and one-quarter percent (3.25%) of net income from the 17 taxpayer's corporate, proprietorship, partnership, small business corporation 18 or limited liability companyrevenue-producing enterprisebusiness in which 19 the employment occurred. Additionally, the total of this and all other credits 20 allowed under this chapter except for the credits allowed under sections 21 63-3024A, 63-3025D and 63-3029, Idaho Code, taken during any taxable year 22 shall not exceed forty-five percent (45%) of the tax otherwise imposed on the 23 taxpayer for the taxable year for which such credit is allowed. 24 (3) If the sum of the credit carryovers from the credit allowed by sub- 25 section (2) of this section and the amount of credit for the taxable year from 26 the credit allowed by subsection (2) of this section exceed the limitation 27 imposed by subsection (2) of this section for the current taxable year, the 28 excess attributable to the current taxable year's credit shall be a credit 29 carryover to the three (3) succeeding taxable years. The entire amount of 30 unused credit shall be carried forward to the earliest of the succeeding 31 years, wherein the oldest available unused credit shall be used first, so long 32 as the employment level for which the credit was granted is still maintained. 33 SECTION 13. That Chapter 30, Title 63, Idaho Code, be, and the same is 34 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 35 ignated as Section 63-3029G, Idaho Code, and to read as follows: 36 63-3029G. CREDITS FOR RESEARCH ACTIVITIES CONDUCTED IN THIS STATE -- 37 CARRY FORWARD. 38 (1) (a) Subject to the limitations of this section, for taxable years 39 beginning between January 1, 2001, and December 31, 2005, inclusive, there 40 shall be allowed to a taxpayer a nonrefundable credit against taxes 41 imposed by sections 63-3024, 63-3025 and 63-3025A, Idaho Code, for 42 increasing research activities in Idaho during any consecutive five (5) 43 year period beginning, at the election of the taxpayer, either: 44 (i) January 1, 2001, or 45 (ii) The first day of the taxpayer's taxable year beginning in 2001. 46 (b) The credit allowed by subsection (1)(a) of this section shall be the 47 sum of: 48 (i) Five percent (5%) of the excess of qualified research payments 49 for research conducted in Idaho over the base amount; and 50 (ii) Five percent (5%) basic research payments allowable under sub- 51 section (e) of section 41 of the Internal Revenue Code for basic 13 1 research conducted in Idaho. 2 (c) Subject to the limitation in subsection (3) of this section, a tax- 3 payer making the election permitted by subsection (1)(a)(i) of this sec- 4 tion, credit for research activities occurring prior to the beginning of 5 the taxpayer's taxable year beginning in 2001 shall be claimed on the 6 taxpayer's return for its taxable year 2001 in addition to credit relating 7 to activity in that year. 8 (2) As used in this section: 9 (a) The terms "qualified research payments," "qualified research," "basic 10 research payments" and "basic research" shall be as defined in section 41 11 of the Internal Revenue Code except that the research must be conducted in 12 Idaho. 13 (b) The term "base amount" shall mean an amount calculated as provided in 14 sections 41(c) and 41(h) of the Internal Revenue Code, except that: 15 (i) The base amount does not include the calculation of the alter- 16 native incremental credit provided for in section 41(c)(4) of the 17 Internal Revenue Code; 18 (ii) A taxpayer's gross receipts include only those gross receipts 19 attributable to sources within this state as provided in subsections 20 (q) and (r) of section 63-3027, Idaho Code; and 21 (iii) Notwithstanding section 41(c) of the Internal Revenue Code, for 22 purposes of calculating the base amount, a taxpayer: 23 (A) May elect to be treated as a start-up company as provided 24 in section 41(c)(3)(B) of the Internal Revenue Code, regardless 25 of whether the taxpayer meets the requirements of section 26 41(c)(3)(B)(i)(I) or (II) of the Internal Revenue Code; and 27 (B) May not revoke an election to be treated as a start-up com- 28 pany. 29 (3) The credit allowed by subsection (1)(a) of this section together with 30 any credits carried forward under subsection (5) of this section shall not 31 exceed the amount of tax due under sections 63-3024, 63-3025 and 63-3025A, 32 Idaho Code, after allowance for all other credits permitted by this chapter. 33 When credits earned in more than one (1) taxable year are available, the old- 34 est credits shall be applied first. 35 (4) In the case of a group of corporations filing a combined report under 36 subsection (t) of section 63-3027, Idaho Code, credit earned by one (1) member 37 of the group but not used by that member may be used by another member of the 38 group. For a combined group of corporations, any member of the group may claim 39 credit carried forward unless the member who earned the credit is no longer 40 included in the combined group. 41 (5) The credit allowed by subsection (1)(a) of this section shall be 42 claimed for the taxable year during which the taxpayer qualifies for the 43 credit. If the credit exceeds the limitation under subsection (3) of this sec- 44 tion, the excess amount may be carried forward for a period that does not 45 exceed the next fourteen (14) taxable years. 46 (6) In addition to other needed rules, the state tax commission may pro- 47 mulgate rules prescribing, in the case of S corporations, partnerships, trusts 48 or estates, a method of attributing the credit under this section to the 49 shareholders, partners or beneficiaries in proportion to their share of the 50 income from the S corporation, partnership, trust or estate. 51 SECTION 14. That Section 63-3029H, Idaho Code, be, and the same is hereby 52 amended to read as follows: 53 63-3029HP. PRIORITY OF CREDITS. When a taxpayer subject to any taxes 14 1 imposed under this chapter is entitled to two (2) or more credits against such 2 taxes, the priority of credits shall be determined in the following order: 3 (a) Nonrefundable credits. Nonrefundable credits shall be applied to the 4 tax liability before application of refundable credits. If a taxpayer is enti- 5 tled to more than one (1) nonrefundable credit, the credits shall be applied 6 in the order in which the statutes authorizing the credits were enacted by the 7 legislature. 8 (b) Refundable credits. Refundable credits shall be applied to the tax 9 liability after application of any nonrefundable credits. 10 SECTION 15. That Chapter 30, Title 63, Idaho Code, be, and the same is 11 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 12 ignated as Section 63-3029H, Idaho Code, and to read as follows: 13 63-3029H. CREDIT FOR HOUSEHOLD AND DEPENDENT CARE SERVICES NECESSARY FOR 14 GAINFUL EMPLOYMENT. (1) A resident individual who is entitled, for federal 15 income tax purposes, to claim and who does claim the credit provided by sec- 16 tion 21 of the Internal Revenue Code shall be entitled to a nonrefundable 17 credit against taxes imposed by section 63-3024, Idaho Code, equal to one-half 18 (1/2) of the credit allowable on that taxpayer's federal return for the same 19 taxable year. 20 (2) A nonresident or part-year resident individual who is entitled, for 21 federal income tax purposes, to claim and who does claim the credit provided 22 by section 21 of the Internal Revenue Code shall be entitled to a proportional 23 part of the credit otherwise provided in subsection (1) of this section. The 24 proportion shall be determined in accordance with the provisions of section 25 63-3026A(6), Idaho Code. 26 (3) The credit allowed by this section shall not exceed the total amount 27 of taxes due under section 63-3024, Idaho Code, after allowance of all other 28 credits provided in this chapter. 29 SECTION 16. That Chapter 30, Title 63, Idaho Code, be, and the same is 30 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 31 ignated as Section 63-3029I, Idaho Code, and to read as follows: 32 63-3029I. INCOME TAX CREDIT FOR INVESTMENT IN BROADBAND EQUIPMENT. (1) 33 Subject to the limitations of this section, for taxable years beginning 34 between January 1, 2001, and December 31, 2005, inclusive, there shall be 35 allowed to a taxpayer a nonrefundable credit against taxes imposed by sections 36 63-3024, 63-3025 and 63-3025A, Idaho Code, for qualified expenditures in qual- 37 ified broadband equipment in Idaho. 38 (2) The credit permitted in subsection (1) of this section shall be three 39 percent (3%) of the qualified investment in qualified broadband equipment in 40 Idaho and shall be in addition to the credit for capital investment permitted 41 by section 63-3029B, Idaho Code. 42 (3) As used in this section the term: 43 (a) "Qualified investment" shall be as defined in section 63-3029B, Idaho 44 Code. 45 (b) "Qualified broadband equipment" means equipment that qualifies for 46 the credit for capital investment permitted by section 63-3029B, Idaho 47 Code, and is capable of transmitting signals at a rate of at least two 48 hundred thousand (200,000) bits per second to a subscriber and at least 49 one hundred twenty-five thousand (125,000) bits per second from a sub- 50 scriber, and 51 (i) In the case of a telecommunications carrier, such qualifying 15 1 equipment shall be necessary to the provision of broadband service 2 and an integral part of a broadband network. "Telecommunications car- 3 rier" has the meaning given such term by section 3(44) of the commu- 4 nications act of 1934, as amended, but does not include a commercial 5 mobile service provider. 6 (ii) In the case of a commercial mobile service carrier, such quali- 7 fying equipment shall extend from the subscriber side of the mobile 8 telecommunications switching office to a transmitting/receiving 9 antenna, including such antenna, on the outside of the structure in 10 which the subscriber is located. "Commercial mobile service carrier" 11 means any person authorized to provide commercial mobile radio ser- 12 vice to subscribers as defined in section 20.3 of title 47, Code of 13 Federal Regulations (10-1-99 ed.), as amended. 14 (iii) In the case of a cable or open video system operator, such 15 qualifying equipment shall extend from the subscriber's side of the 16 headend to the outside of the structure in which the subscriber is 17 located. The terms "cable operator" and "open video system operator" 18 have the meanings given such terms by sections 602(5) and 653, 19 respectively, of the communications act of 1934, as amended. 20 (iv) In the case of a satellite carrier or a wireless carrier other 21 than listed above, such qualifying equipment is only that equipment 22 that extends from a transmitting/receiving antenna, including such 23 antenna, which transmits and receives signals to or from multiple 24 subscribers to a transmitting/receiving antenna on the outside of the 25 structure in which the subscriber is located. "Satellite carrier" 26 means any person using the facilities of a satellite or satellite 27 services licensed by the federal communications commission and oper- 28 ating a fixed-satellite service or direct broadcast satellite ser- 29 vices to provide point-to-multipoint distribution of signals. "Other 30 wireless carrier" means any person, other than a telecommunications 31 carrier, commercial mobile service carrier, cable operator, open 32 video operator, or satellite carrier, providing broadband services to 33 subscribers through the radio transmission of energy. 34 (v) In the case of packet switching equipment, such packet equip- 35 ment installed in connection with other qualifying equipment listed 36 in subsections (2)(b)(i) through (2)(b)(iv) of this section, provided 37 it is the last in a series of equipment that transmits signals to a 38 subscriber or the first in a series of equipment that transmits sig- 39 nals from a subscriber. "Packet switching" means controlling or 40 routing the path of a digital transmission signal which is assembled 41 into packets or cells. 42 (vi) In the case of multiplexing and demultiplexing equipment, such 43 equipment only to the extent that it is deployed in connection with 44 providing broadband services in locations between packet switching 45 equipment and the structure in which the subscriber is located. 46 "Multiplexing" means the transmission of two (2) or more signals over 47 a communications circuit without regard to the communications tech- 48 nology. 49 (vii) Any property not primarily used to provide services in Idaho to 50 public subscribers is not qualified broadband equipment. 51 (3) No equipment described in subsections (2)(b)(i) through (2)(b)(vi) of 52 this section shall qualify for the credit provided in subsection (1) of this 53 section until the taxpayer applies to and obtains from the Idaho public utili- 54 ties commission an order confirming that the installed equipment is qualified 55 broadband equipment. Applications submitted to the commission shall be gov- 16 1 erned by the commission's rules of procedure. The commission may issue proce- 2 dural orders necessary to implement this section. 3 (4) The credit allowed by subsection (1) of this section together with 4 any credits carried forward under subsection (6) of this section shall not, in 5 any one (1) taxable year, exceed the lesser of: 6 (a) The amount of tax due under sections 63-3024, 63-3025 and 63-3025A, 7 Idaho Code, after allowance for all other credits permitted by this chap- 8 ter; or 9 (b) Seven hundred fifty thousand dollars ($750,000). 10 When credits earned in more than one (1) taxable year are available, the old- 11 est credits shall be applied first. 12 (5) In the case of a group of corporations filing a combined report under 13 subsection (t) of section 63-3027, Idaho Code, credit earned by one (1) member 14 of the group but not used by that member may be used by another member of the 15 group, subject to the provisions of subsection (6) of this section, instead of 16 carried over. For a combined group of corporations, credit carried forward may 17 be claimed by any member of the group unless the member who earned the credit 18 is no longer included in the combined group. 19 (6) If the credit allowed by subsection (1) of this section exceeds the 20 limitation under subsection (4) of this section, the excess amount may be car- 21 ried forward for a period that does not exceed the next fourteen (14) taxable 22 years. 23 (7) In the event that qualified broadband equipment upon which the credit 24 allowed by this section has been used ceases to qualify for the credit allowed 25 by section 63-3029B, Idaho Code, or is subject to recapture of that credit, 26 the recapture of credit under this section shall be in the same proportion and 27 subject to the same provisions as the amount of credit required to be recap- 28 tured under section 63-3029B, Idaho Code. 29 (8) (a) Subject to the requirements of this subsection, a taxpayer enti- 30 tled to the credit or to an unused portion of the credit allowed by this 31 section may transfer the unused credit to another taxpayer required to 32 file a return under this chapter. 33 (b) Before completing a transfer under this subsection, the transferor 34 shall notify the state tax commission of its intention to transfer the 35 credit and the identity of the transferee. The state tax commission shall 36 provide the transferor with a written statement of the amount of credit 37 available under this section as then appearing in the commission's records 38 and the number of years the credit may be carried over. The transferee 39 shall attach a copy of the statement to any return in regard to which the 40 transferred credit is claimed. 41 (c) In the event that after the transfer the state tax commission deter- 42 mines that the amount of credit properly available under this section is 43 less than the amount claimed by the transferor of the credit or that the 44 credit is subject to recapture, the commission shall assess the amount of 45 overstated or recaptured credit as taxes due from the transferor and not 46 the transferee. The assessment shall be made in the manner provided for a 47 deficiency in taxes under this chapter. 48 (9) In addition to other needed rules, the state tax commission may pro- 49 mulgate rules prescribing, in the case of S corporations, partnerships, trusts 50 or estates, a method of attributing the credit under this section to the 51 shareholders, partners or beneficiaries in proportion to their share of the 52 income from the S corporation, partnership, trust or estate. 53 SECTION 17. That Chapter 30, Title 63, Idaho Code, be, and the same is 54 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 17 1 ignated as Section 63-3029J, Idaho Code, and to read as follows: 2 63-3029J. INCENTIVE INCOME TAX INVESTMENT CREDIT. (1) Subject to the lim- 3 itations of this section, for taxable years beginning between January 1, 2001, 4 and December 31, 2005, inclusive, there shall be allowed to a taxpayer a non- 5 refundable credit against taxes imposed by sections 63-3024, 63-3025 and 6 63-3025A, Idaho Code, in the amount allowed by subsection (2) of this section 7 for qualified investments in Idaho. The credit shall be in addition to the 8 credit for capital investment permitted by section 63-3029B, Idaho Code. 9 (2) The credit permitted in subsection (1) of this section shall be at 10 the percentage rate determined under either subsection (2)(a) or (2)(b) of 11 this section at the election of the taxpayer. 12 (a) (i) One-half (1/2) of the amount by which the average three-year 13 unemployment rate in the county in which the property is located 14 exceeds six percent (6%). In the case of mobile property, the prop- 15 erty shall be located in the county in which it is primarily based. 16 (ii) For purposes of this section the director of the department of 17 labor shall, on or before the first day of September of each calendar 18 year, establish and certify to the state tax commission the average 19 three-year unemployment rate in each county in Idaho for the immedi- 20 ately preceding three (3) calendar years. The rates thus certified 21 shall apply to the calculation of the credit under subsection 22 (2)(a)(i) of this section for property qualifying in the taxable year 23 beginning during the next calendar year. 24 (b) (i) One-tenth of one percent (.1%) for each full percent that the 25 three-year average per capita personal income level in the county in 26 which the property is located is below ninety percent (90%) of the 27 average statewide per capita personal income level. 28 (ii) For purposes of this section the director of the department of 29 commerce shall, on or before the first day of September of each cal- 30 endar year, establish and certify to the state tax commission the 31 most current three-year average per capita personal income level in 32 each county in Idaho and the statewide per capita personal income 33 level for the most current preceding three (3) calendar years. The 34 levels thus certified shall apply to the calculation of the credit 35 under subsection (2)(b)(i) of this section for property qualifying in 36 the taxable year beginning during the next calendar year. 37 (3) As used in this section the term "qualified investment" shall be 38 defined as in section 63-3029B, Idaho Code. 39 (4) The credit allowed by subsection (1) of this section together with 40 any credits carried forward under subsection (6) of this section shall not 41 exceed in any one (1) taxable year the lesser of: 42 (a) The amount of tax due under sections 63-3024, 63-3025 and 63-3025A, 43 Idaho Code, after allowance for all other credits permitted by this chap- 44 ter; or 45 (b) Five hundred thousand dollars ($500,000). 46 (c) When credits earned in more than one (1) taxable year are available, 47 the oldest credits shall be applied first. 48 (5) In the case of a group of corporations filing a combined report under 49 subsection (t) of section 63-3027, Idaho Code, credit earned by one (1) member 50 of the group but not used by that member may be used by another member of the 51 group, subject to the provisions of subsection (6) of this section, instead of 52 carried over. For a combined group of corporations, credit carried forward may 53 be claimed by any member of the group unless the member who earned the credit 54 is no longer included in the combined group. 18 1 (6) If the credit allowed by subsection (1) of this section exceeds the 2 limitation under subsection (4) of this section, the excess amount may be car- 3 ried forward for a period that does not exceed the next fourteen (14) taxable 4 years. 5 (7) In the event that property upon which the credit allowed by this sec- 6 tion has been used ceases to qualify for the credit allowed by section 7 63-3029B, Idaho Code, the recapture of credit under this section shall be in 8 the same proportion and subject to the same provisions as the amount of credit 9 required to be recaptured under section 63-3029B, Idaho Code. 10 (8) (a) Subject to the requirements of this subsection, a taxpayer enti- 11 tled to the credit or to an unused portion of the credit allowed by this 12 section may transfer the unused credit to another taxpayer required to 13 file a return under this chapter. 14 (b) Before completing a transfer under this subsection, the transferor 15 shall notify the state tax commission of its intention to transfer the 16 credit and the identity of the transferee. The state tax commission shall 17 provide the transferor with a written statement of the amount of credit 18 available under this section as then appearing in the commission's records 19 and the number of years the credit may be carried over. The transferor 20 shall provide the transferee with the original statement. The transferee 21 shall attach a copy of the statement to any return in regard to which the 22 transferred credit is claimed. 23 (c) In the event that after the transfer the state tax commission deter- 24 mines that the amount of credit properly available under this section is 25 less than the amount claimed by the transferor of the credit and shown in 26 the statement described in subsection (8)(b) of this section or that the 27 credit is subject to recapture, the commission shall assess the amount of 28 overstated credit as taxes due from the transferor and not the transferee. 29 The assessment shall be made in the manner provided for a deficiency in 30 taxes under this chapter. 31 (9) In addition to other needed rules, the state tax commission may pro- 32 mulgate rules prescribing: 33 (a) In the case of S corporations, partnerships, trusts or estates, a 34 method of attributing the credit under this section to the shareholders, 35 partners or beneficiaries in proportion to their share of the income from 36 the S corporation, partnership, trust or estate. 37 (b) A requirement that a transferor under subsection (8) of this section, 38 prior to obtaining the written statement provided in subsection (8)(b) of 39 this section, post such bond or security as the state tax commission may 40 require to secure any liability referred to in subsection (8)(c) of this 41 section. Such rules shall provide an opportunity for a taxpayer, upon a 42 showing of financial responsibility, to have the bond waiver, for notice 43 of denial of waiver in accordance with section 63-3045, Idaho Code, and 44 for review in accordance with section 63-3045B, Idaho Code. 45 SECTION 18. That Chapter 30, Title 63, Idaho Code, be, and the same is 46 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 47 ignated as Section 63-3029K, Idaho Code, and to read as follows: 48 63-3029K. VENTURE CAPITAL INCOME TAX INVESTMENT CREDIT. (1) Subject to 49 the limitations of this section, for taxable years beginning between January 50 1, 2001, and December 31, 2005, inclusive, there shall be allowed to a tax- 51 payer a nonrefundable credit against taxes imposed by sections 63-3024, 52 63-3025 and 63-3025A, Idaho Code, in the amount allowed by subsection (2) of 53 this section for investments described in subsection (2) of this section made 19 1 in Idaho. The credit shall be in addition to the credit for capital invest- 2 ment permitted by section 63-3029B, Idaho Code. 3 (2) The credit permitted in subsection (1) of this section shall be ten 4 percent (10%) of the taxpayer's investment made during the taxable year in an 5 Idaho private venture capital company. 6 (3) As used in this section: 7 (a) Definition. "Idaho private venture capital company" means a corpora- 8 tion, limited liability company, partnership or other entity, with its 9 principal place of business located within Idaho which meets the following 10 criteria: 11 (i) Committed capitalization of not less than five million dollars 12 ($5,000,000) and contributed capital of not less than twenty-five 13 percent (25%) of its committed capitalization; 14 (ii) Having a purpose and objective of making at least fifty percent 15 (50%) of its venture or risk capital available to business enter- 16 prises that are headquartered and managed in Idaho and whose primary 17 business activities are reasonably expected to establish or expand 18 the development of business and industry within Idaho; and 19 (iii) Investment of not more than twenty-five percent (25%) of its 20 committed funds in any one (1) company. 21 (b) Certification. An entity shall not qualify as an Idaho private ven- 22 ture capital company until the company applies to and obtains from the 23 director of the Idaho department of finance, hereafter referred to as 24 "director," a certificate confirming that it meets the criteria of this 25 section. Applications submitted to the director shall contain such infor- 26 mation relating to the applicant as the director shall require, and a fee 27 as set by the director in an amount not to exceed five hundred dollars 28 ($500). Unless the Idaho private venture capital company is decertified as 29 described in subsection (3)(f) of this section, a copy of the certifica- 30 tion shall be provided by the Idaho private venture capital company to the 31 investor seeking the credit allowed by this section who shall attach a 32 copy to the original return on which the credit is claimed. 33 (c) Requirements to maintain certification. To continue in certifica- 34 tion, an Idaho private venture capital company shall: 35 (i) Invest at least thirty percent (30%) of its original capital- 36 ization at the end of the initial three (3) years in such a manner as 37 to acquire equity in the ventures in which the investments are made; 38 (ii) Have invested at least fifty percent (50%) in the same manner 39 at the end of five (5) years; 40 (iii) At the time of an initial investment, have no investor or com- 41 bination of investors in that Idaho private venture capital company 42 who own a controlling equity interest in a business in which the ven- 43 ture capital company is investing; 44 (iv) Not invest funds for use by an Idaho business for oil and gas 45 exploration and development, for real estate development or apprecia- 46 tion, or for banking or lending operations. Any investment by an 47 Idaho private venture capital company in any of these sectors shall 48 not be counted as equity investments for the purpose of continuing 49 certification under this section; 50 (v) Meet such books and records or other requirements as the direc- 51 tor may, by rule or order, direct; and 52 (vi) Pay an annual renewal fee in an amount set by the director not 53 to exceed five hundred dollars ($500). 54 (d) Reporting requirements. Each certified Idaho private venture capital 55 company shall report to the director on an annual basis such information 20 1 as the director requires to be submitted to maintain certification. As a 2 part of such information, each Idaho private venture capital company shall 3 report the name, address and taxpayer identification number of each inves- 4 tor who has invested in such company, the amounts invested by each such 5 investor and the companies in which the Idaho private venture capital com- 6 pany has invested. The director shall provide the information contained in 7 this subsection to the state tax commission on an annual basis. 8 (e) Compliance examinations. All the records of a certified Idaho private 9 venture capital company are subject at any time to such reasonable peri- 10 odic, special or other examinations by representatives of the director, as 11 the director deems necessary or appropriate in the public interest. The 12 director, or his designee, may examine under oath any of the officers, 13 directors, agents, employees, or investors of an Idaho private venture 14 capital company regarding the affairs and business of the company. The 15 director may administer oaths, subpoena witnesses, require the production 16 of any books, papers, correspondence, or other documents or records which 17 the director deems relevant or material to the inquiry. In the case of 18 refusal to obey a subpoena issued to a person, any court of competent 19 jurisdiction, upon application of the director, may issue to that person 20 an order requiring him to appear before the director or the officer desig- 21 nated by him, there to produce documentary evidence if so ordered or to 22 give evidence relating to the matter under inquiry. Any failure to obey 23 such order of the court may be punished by the court as contempt of court. 24 (f) Decertification. If the director determines that a certified Idaho 25 private venture capital company is not in substantial compliance with the 26 requirements for continuing certification or is in violation of any other 27 provision of this act, the director shall, by written notice, inform the 28 officers of the company and the board of directors or partners that they 29 will be decertified in one hundred twenty (120) days from the date of 30 mailing of the notice unless they correct the deficiencies and are once 31 again in compliance with the requirements for certification. At the end 32 of the one hundred twenty (120) day period, if the Idaho private venture 33 capital company is still not in substantial compliance, the director shall 34 send a notice of decertification to the company and to the state tax com- 35 mission. 36 (g) Liability disclaimed. The state of Idaho, the department of finance 37 and its employees and agents may not be held civilly or criminally liable 38 or liable upon their official bonds to any person including, but not lim- 39 ited to, investors, Idaho private venture capital companies, and appli- 40 cants to become an Idaho private venture capital company, for action taken 41 under this section or for any failure to act under it. 42 (h) To facilitate furtherance of the purposes of this section with other 43 state and federal programs including, but not limited to, small business 44 investment companies and business and industrial development companies, 45 the director shall have authority to waive any provision of this subsec- 46 tion (3) which for good cause shown, he deems appropriate and in the pub- 47 lic interest. 48 (i) The director may promulgate rules or issue orders as necessary to 49 implement this section. 50 (j) Documents and other materials submitted by Idaho private venture cap- 51 ital companies or by Idaho businesses pursuant to this subsection shall be 52 exempt from public disclosure. 53 (4) The credit allowed by subsection (1) of this section together with 54 any credits carried forward under subsection (6) of this section shall not 55 exceed in any one (1) taxable year either: 21 1 (a) Fifty percent (50%) of the amount of tax due under sections 63-3024, 2 63-3025 and 63-3025A, Idaho Code, after allowance for all other credits 3 permitted by this chapter; or 4 (b) One hundred fifty thousand dollars ($150,000). 5 (5) In the case of a group of corporations filing a combined report under 6 subsection (t) of section 63-3027, Idaho Code, credit earned by one (1) member 7 of the group but not used by that member may be used by another member of the 8 group, subject to the provisions of subsection (6) of this section, instead of 9 carried over. For a combined group of corporations, credit carried forward may 10 be claimed by any member of the group unless the member who earned the credit 11 is no longer included in the combined group. 12 (6) If the credit allowed by subsection (1) of this section exceeds the 13 limitation under subsection (4) of this section the excess amount may be car- 14 ried forward for a period that does not exceed the next fourteen (14) taxable 15 years. When credits earned in more than one (1) taxable year are available, 16 the oldest credits shall be applied first. 17 (7) In the event that the company in which the investment was made ceases 18 to qualify as an Idaho private venture capital company before the expiration 19 of the carryover period provided in subsection (6) of this section, the por- 20 tion of the credit equal to the portion of the carryover period during which 21 the company did not so qualify shall be subject to recapture. The recapture 22 must be reported on the income tax return of the taxpayer who earned the 23 credit subject to the requirements for amounts recaptured under section 24 63-3029B, Idaho Code. 25 (8) (a) Subject to the requirements of this subsection, a taxpayer enti- 26 tled to the credit or to an unused portion of the credit allowed by this 27 section may transfer the unused credit to another taxpayer required to 28 file a return under this chapter. 29 (b) Before completing a transfer under this subsection, the transferor 30 shall notify the state tax commission of its intention to transfer the 31 credit and the identity of the transferee. The state tax commission shall 32 provide the transferor with a written statement of the amount of credit 33 available under this section as then appearing in the commission's records 34 and the number of years the credit may be carried over. The transferor 35 shall provide the transferee with the original statement. The transferee 36 shall attach a copy of the statement to any return in regard to which the 37 transferred credit is claimed. 38 (c) In the event that after the transfer the state tax commission deter- 39 mines that the amount of credit properly available under this section is 40 less than the amount claimed by the transferor of the credit and shown in 41 the statement described in subsection (8)(b) of this section, the commis- 42 sion shall assess the amount of overstated credit as taxes due from the 43 transferor and not the transferee. The assessment shall be made in the 44 manner provided for a deficiency in taxes under this chapter. 45 (9) In addition to other needed rules, the state tax commission may pro- 46 mulgate rules prescribing: 47 (a) In the case of S corporations, partnerships, trusts or estates, a 48 method of attributing the credit under this section to the shareholders, 49 partners or beneficiaries in proportion to their share of the income from 50 the S corporation, partnership, trust or estate. 51 (b) A requirement that a transferor under subsection (8) of this section, 52 prior to obtaining the written statement provided in subsection (8)(b) of 53 this section, post such bond or security as the state tax commission may 54 require to secure any liability referred to in subsection (8)(c) of this 55 section. Such rule shall provide an opportunity for a taxpayer, upon a 22 1 showing of financial responsibility, to have the bond waiver, for notice 2 of denial of waiver in accordance with section 63-3045, Idaho Code, and 3 for review in accordance with section 63-3045B, Idaho Code. 4 SECTION 19. That Sections 63-3029E and 63-3029F, Idaho Code, be, and the 5 same are hereby repealed. 6 SECTION 20. That Chapter 30, Title 63, Idaho Code, be, and the same is 7 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 8 ignated as Section 63-3029E, Idaho Code, and to read as follows: 9 63-3029E. DEFINITIONS -- CONSTRUCTION OF TERMS. As used in this section 10 and in section 63-3029F, Idaho Code: 11 (1) (a) "New employee" means a person from whom Idaho income tax has 12 been withheld, employed by the taxpayer in a revenue-producing enterprise 13 creating value-added natural resource products, and covered for unemploy- 14 ment insurance purposes under chapter 13, title 72, Idaho Code, during the 15 taxable year for which the credit allowed by section 63-3029F, Idaho Code, 16 is claimed. A person shall be deemed to be so engaged if such person per- 17 forms duties on: 18 (i) A regular full-time basis; or 19 (ii) A part-time basis if such person is customarily performing such 20 duties at least twenty (20) hours per week. 21 No credit shall be earned unless the new employee shall have performed 22 such duties for the taxpayer for a minimum of nine (9) months during the 23 taxable year for which the credit is claimed. 24 (b) The provisions of paragraph (a) of this subsection notwithstanding, 25 no credit shall be allowed for employment of persons by a taxpayer who 26 acquires a revenue-producing enterprise from another taxpayer or who oper- 27 ates in a place of business the same or a substantially identical revenue- 28 producing value-added natural resource products enterprise as operated by 29 another taxpayer within the prior twelve (12) months, except as the prior 30 taxpayer would have qualified under the provisions of paragraph (c) of 31 this subsection. Employees transferred from a related taxpayer shall not 32 be included in the computation of the credit. 33 (c) The number of employees during any taxable year for any taxpayer 34 shall be the mathematical average of the number of employees reported to 35 the Idaho department of labor for employment security purposes during the 36 twelve (12) months of the taxable year which qualified under paragraph (a) 37 of this subsection. In the event the business is in operation for less 38 than the entire taxable year, the number of employees of the business for 39 the year shall be the average number actually employed during the months 40 of operation, providing that the qualifications of paragraph (a) of this 41 subsection are met. 42 (2) "Revenue-producing enterprise" means the production, assembly, fabri- 43 cation, manufacture or processing of any natural resource product. 44 (3) "Same or a substantially identical revenue-producing enterprise" 45 means a revenue-producing enterprise in which the products produced or sold, 46 or the activities conducted are the same in character and use and are pro- 47 duced, sold or conducted in the same manner as, or for the same types of cus- 48 tomers as, the products or activities produced, sold or conducted in another 49 revenue-producing enterprise. 50 SECTION 21. That Chapter 30, Title 63, Idaho Code, be, and the same is 51 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 23 1 ignated as Section 63-3029F, Idaho Code, and to read as follows: 2 63-3029F. SPECIAL CREDIT AVAILABLE -- NEW EMPLOYEES. (1) Any taxpayer 3 shall be allowed a credit, in an amount determined under subsection (2) of 4 this section, against the tax imposed by this chapter, other than the tax 5 imposed by section 63-3082, Idaho Code, for any taxable year during which the 6 taxpayer's employment of new employees, as defined under section 63-3029E(1), 7 Idaho Code, increases above the taxpayer's average employment for either: (a) 8 the prior taxable year, or (b) the average of three (3) prior taxable years, 9 whichever is higher. No credit shall be allowed under this section unless the 10 number of new employees equals or exceeds one (1) person. 11 (2) The credit authorized in subsection (1) of this section shall be five 12 hundred dollars ($500) per new employee, but the total credit allowed shall 13 not exceed three and one-quarter percent (3.25%) of net income from the 14 taxpayer's corporate, proprietorship, partnership, small business corporation 15 or limited liability company revenue-producing enterprise in which the employ- 16 ment occurred. Additionally, the total of this and all other credits allowed 17 under this chapter except for the credits allowed under sections 63-3024A, 18 63-3025D and 63-3029, Idaho Code, taken during any taxable year shall not 19 exceed forty-five percent (45%) of the tax otherwise imposed on the taxpayer 20 for the taxable year for which such credit is allowed. 21 (3) If the sum of the credit carryovers from the credit allowed by sub- 22 section (2) of this section and the amount of credit for the taxable year from 23 the credit allowed by subsection (2) of this section exceed the limitation 24 imposed by subsection (2) of this section for the current taxable year, the 25 excess attributable to the current taxable year's credit shall be a credit 26 carryover to the three (3) succeeding taxable years. The entire amount of 27 unused credit shall be carried forward to the earliest of the succeeding 28 years, wherein the oldest available unused credit shall be used first, so long 29 as the employment level for which the credit was granted is still maintained. 30 SECTION 22. The provisions of Section 5, Sections 10 through 13 and Sec- 31 tions 16, 17 and 18 of this act are hereby declared to be nonseverable from 32 other provisions within each section and if any provision of any of those sec- 33 tions or the application of such provision to any person or circumstance is 34 declared invalid for any reason, such declaration shall render the entire sec- 35 tion invalid but not other sections of this act. 36 SECTION 23. An emergency existing therefor, which emergency is hereby 37 declared to exist, Sections 1 through 18 and Section 22 of this act shall be 38 in full force and effect on and after passage and approval and retroactively 39 to January 1, 2001. Sections 19, 20 and 21 of this act shall be in full force 40 and effect on and after January 1, 2006.
STATEMENT OF PURPOSE RS 11051 TI-us income tax relief bill makes permanent a .5% rate reduction from year 2000 rate for individuals, rebates 10.6% of 1999 income tax paid to individuals subject to a $25 minimum and $2,500 maximum, permanently doubles grocery credit for everyone and permanently reduces the corporate income rate .5%. It expands the current capital gains exclusion from 60% to 100% for certain tangible assets. It provides five new or expanded credits for Idaho business development including: research and development expenditures, creation of new jobs, providing new venture capital, installing broadband communications equipment, and investing in counties with high unemployment or low personal income. It changes the child care deduction to a credit equal to half the federal credit and permanently increases the elderly dependant care credit from $100 to $500. FISCAL IMPACT Provision FY FY 2002 2003 Individual rate reduction 14.6 61.2 Individual rebate 91 Grocery credit 18.6 .2 Corporate rate reduction 3.4 5.1 Business credits Research and development 7.0 .75 New Jobs 1.5 Venture Capital 2.0 Broadband 35 County incentive 7.3 Child care credit 1.5 Elderly dependant care 1.2 Capital gains 8.7 _______ $ 160.3 $ 67.25 Contact Name: Representative Dolores Crow Phone: 332 1000 STATEMENT OF PURPOSE/FISCAL NOTE H 20