2001 Legislation
Print Friendly

HOUSE BILL NO. 333 – Income tax credit/prsnl proprty tax

HOUSE BILL NO. 333

View Daily Data Tracking History

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



H0333...............................................by REVENUE AND TAXATION
INCOME TAX CREDIT - Adds to existing law to provide for income tax credits
for the payment of certain personal property and real property taxes during
taxable year 2001; to provide definitions for "agricultural machinery and
equipment" and "mining"; to provide the maximum amount of the credit; and
to provide procedures.
                                                                        
02/27    House intro - 1st rdg - to printing
02/28    Rpt prt - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 333
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO INCOME TAXES; AMENDING CHAPTER 30, TITLE 63, IDAHO  CODE,  BY  THE
  3        ADDITION  OF A NEW SECTION 63-3024D, IDAHO CODE, TO PROVIDE FOR INCOME TAX
  4        CREDITS FOR THE PAYMENT OF CERTAIN PERSONAL  PROPERTY  AND  REAL  PROPERTY
  5        TAXES  DURING  TAXABLE YEAR 2001, TO PROVIDE A DEFINITION OF "AGRICULTURAL
  6        MACHINERY AND EQUIPMENT," TO PROVIDE A DEFINITION OF "MINING," TO  PROVIDE
  7        THE  MAXIMUM  AMOUNT OF THE CREDIT AND TO PROVIDE PROCEDURES; DECLARING AN
  8        EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.
                                                                        
  9    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 10        SECTION 1.  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 63-3024D, Idaho Code, and to read as follows:
                                                                        
 13        63-3024D.  INCOME TAX CREDITS FOR PERSONAL AND REAL  PROPERTY  TAXES.  (1)
 14    For  taxable  year 2001 only, there shall be allowed as a credit against taxes
 15    due under this chapter one hundred percent (100%) of the  amount of taxes  due
 16    in December 2001 on class 2 property that is agricultural machinery and equip-
 17    ment and is defined in section 63-204, Idaho Code, and used solely in agricul-
 18    ture during that tax year. For purposes of this section:
 19        (a)  "Agricultural  machinery  and equipment" shall mean any machinery and
 20        equipment that is used in:
 21             (i)   Production of  field  crops  including,  but  not  limited  to,
 22             grains, feed crops, fruits and vegetables; or
 23             (ii)  The  grazing, feeding or raising of livestock, fur-bearing ani-
 24             mals, fish, fowl and bees to be sold or used as part of a net  profit
 25             making agricultural enterprise or dairy.
 26        (b)  Buildings  shall  not  be considered to be agricultural machinery and
 27        equipment.
 28        (2)  For taxable year 2001, there shall be allowed  as  a  credit  against
 29    taxes due under this chapter one hundred percent (100%) of the amount of taxes
 30    due  in December 2001 on class 1 property that is real property used in mining
 31    and is defined in section 63-204, Idaho Code, and used solely in mining during
 32    that tax year. For purposes of this section "mining" shall mean the activities
 33    performed in the extraction of minerals from the  ground  including,  but  not
 34    limited  to,  the  excavation of pits, removal of minerals, crushing, milling,
 35    disposal of overburden, the  construction  of  haulage  roads,  beneficiation,
 36    transportation and stockpiling.
 37        (3)  The maximum amount of the credit established by this section shall be
 38    that  enumerated  in  subsection (1) or (2)  of this section. If taxes due are
 39    less than the total credit allowed, the taxpayer shall be paid  a  refund.  If
 40    the  credit  or  refund  is not claimed for the year for which the  income tax
 41    return is filed, the right thereafter to claim such credit or refund shall  be
 42    forfeited.  The  state  tax commission shall prescribe the method by which the
 43    refund, if any, is to be made to the taxpayer.
                                                                        
                                           2
                                                                        
  1        (4)  The refunds authorized by this section shall be paid from  the  state
  2    refund  fund  in the same manner as the refunds authorized by section 63-3067,
  3    Idaho Code.   An application for any refund which is due and payable under the
  4    provisions of this section must be filed with the state tax commission by  the
  5    due date, including extensions, of the return required under section  63-3030,
  6    Idaho  Code,  if  the  applicant is required to file a return or the fifteenth
  7    day of April of the year following the year to which the  application  relates
  8    if the applicant is not required to file a return.
  9        (5)  The state tax commission may promulgate rules to implement the provi-
 10    sions of this section. The commission may require such receipts and documenta-
 11    tion from taxpayers and county assessors necessary to implement the provisions
 12    of  this  section.  If sufficient moneys are not available in the state refund
 13    fund to pay in full credits or refunds, the state tax commission may  grant  a
 14    pro rata share to all taxpayers based on the amount of the credit for personal
 15    property  taxes  or real property taxes paid pursuant to  the formula provided
 16    in this section to ensure soundness of the fund.
                                                                        
 17        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 18    declared to exist, this act shall be in full force and effect on and after its
 19    passage and approval, and retroactively to January 1, 2001.

Statement of Purpose / Fiscal Impact


    

                          STATEMENT OF PURPOSE
          
                                RS11171
          
For the taxable year 2001,only, this bill provides a 100

percent tax credit for personal property taxes due for

agricultural machinery and equipment and a 100 percent

credit for property taxes due for real property used in

mining.
          
          
          
                                   
          
          
          
          
          
Personal Property Credit for Agricultural    $12.4 million                                
                                       
                        
Machinery and Equipment                               
Real Property Credit for Mining              $ 1.7 million
                                                       
                                     TOTAL   $14.1 million                                    
                                         
          
CONTACT:    Jack Lyman
            Idaho Mining Association
            342.0031
          



STATEMENT OF PURPOSE/FISCAL NOTE                H 333