Print Friendly HOUSE BILL NO. 385 – Income tax, rebate
HOUSE BILL NO. 385
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H0385...............................................by REVENUE AND TAXATION
INCOME TAX - REBATE - Adds to existing law to provide a rebate of income
taxes paid by individuals for taxable year 1999.
03/29 House intro - 1st rdg - to printing
03/29 Rpt prt - to 2nd rdg
Rls susp - PASSED - 43-25-2
AYES -- Barraclough, Black, Bolz, Bradford, Bruneel, Callister,
Collins, Crow, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13),
Field(20), Gould, Hammond, Hansen, Harwood, Hornbeck, Kellogg, Kunz,
Langford, Mader, McKague, Montgomery, Moss, Moyle, Pischner, Pomeroy,
Raybould, Ridinger, Roberts, Sali, Schaefer, Smylie, Stevenson,
Stone, Tilman, Wheeler, Wood, Young(Young), Mr. Speaker
NAYS -- Barrett, Bedke, Bell, Bieter, Boe, Chase, Clark, Gagner,
Hadley, Henbest(Farley), Higgins, Jaquet, Jones, Kendell, Lake,
Loertscher, Marley, Meyer, Mortensen, Pearce, Robison, Sellman,
Shepherd, Smith, Trail
Absent and excused -- Campbell, Cuddy
Floor Sponsor -- Crow
Title apvd - to Senate
03/29 Senate intro - 1st rdg - to Loc Gov
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 385
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO INCOME TAX RELIEF; AMENDING CHAPTER 30, TITLE 63, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 63-3081, IDAHO CODE, TO PROVIDE A REBATE OF
4 INCOME TAXES PAID BY INDIVIDUALS FOR TAXABLE YEARS BEGINNING IN 1999, TO
5 DETERMINE THE RATE OF THE REBATE, TO SET MAXIMUM AND MINIMUM AMOUNTS, TO
6 PROVIDE PROCEDURES, TO APPROPRIATE MONEYS AND TO AUTHORIZE CONTRACTS;
7 DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Chapter 30, Title 63, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
11 ignated as Section 63-3081, Idaho Code, and to read as follows:
12 63-3081. REBATE OF INCOME TAX. (1) Subject to the limitations of this
13 section, in regard to each individual income tax return required to be filed
14 pursuant to section 63-3030, Idaho Code, and that is actually filed, for a
15 twelve (12) month taxable year beginning in 1999 for which tax is imposed by
16 section 63-3024, Idaho Code, on at least one dollar ($1.00) of Idaho taxable
17 income, the state tax commission shall, on a one-time basis, rebate to the
18 taxpayer named on the return the amount specified in subsection (2) of this
19 section. In the case of a joint return, the rebate shall be paid to both tax-
20 payers jointly.
21 (2) (a) The rebate provided by subsection (1) of this section shall be
22 ten and six-tenths percent (10.6%) of the amount of tax computed under
23 section 63-3024, Idaho Code, reduced by credits provided by:
24 (i) Section 63-3029, Idaho Code, relating to taxes paid to another
26 (ii) Sections 63-3029A and 63-3029C, Idaho Code, relating to certain
27 charitable contributions;
28 (iii) Section 63-3029B, Idaho Code, relating to capital investments;
29 (iv) Section 63-3029D, Idaho Code, relating to qualified equipment
30 utilizing postconsumer waste or postindustrial waste.
31 (b) When the amount of a rebate payable under subsection (2)(a) of this
32 section is less than twenty-five dollars ($25.00), the amount of the
33 rebate shall be twenty-five dollars ($25.00). When the amount of a rebate
34 payable under subsection (2)(a) of this section is more than two thousand
35 five hundred dollars ($2,500), the amount of the rebate shall be two thou-
36 sand five hundred dollars ($2,500). In the case of married taxpayers fil-
37 ing separate returns, only one (1) minimum or maximum rebate shall be
39 (3) No rebate shall be paid pursuant to this section in regard to a
40 return described in subsection (1) of this section if the return is not filed
41 within three (3) years of the original due date of the return, without regard
42 to extensions. In the event that the amount of tax due on a return filed
43 within the time required by this subsection is amended by the taxpayer or
1 changed by the state tax commission the rebate provided by this section shall
2 be adjusted proportionally. The state tax commission may offset a rebate
3 against taxes assessed the taxpayer but unpaid.
4 (4) In the case of a short period return, the rebates provided by this
5 section shall be reduced in proportion to the portion of calendar year 1999 to
6 which the return applies.
7 (5) Except as provided in this subsection, no application for a rebate
8 provided in this section shall be required. The state tax commission shall
9 cause each rebate to be mailed to the taxpayer or taxpayers at the address
10 shown on the return, unless, as a result of a more recent return, a newer
11 address is shown on the commission's records. The state tax commission may
12 provide a procedure by which rebates that are returned or undeliverable may be
14 (6) Any person aggrieved by any action of the state tax commission in
15 regard to the rebates provided in this section shall file a petition with the
16 state tax commission in the manner provided in section 63-3045, Idaho Code.
17 Such a petition shall be subject to administrative and judicial review in the
18 manner provided by sections 63-3045 through 63-3049, Idaho Code.
19 (7) Rebates authorized by this section shall be paid from the state
20 refund account established by section 63-3067, Idaho Code, from which the
21 amounts necessary to pay the rebates are hereby appropriated. In the event
22 that, at the time the rebates are paid, there is an insufficient balance in
23 the state refund account, the state board of examiners, upon application by
24 the state tax commission, shall transfer sufficient funds from the general
25 fund to make the rebate payments and any other refunds due and payable from
26 the state refund account.
27 (8) The state tax commission, the state treasurer and the state control-
28 ler may contract with a commercial bank for some or all of the services,
29 including issuing payments, relating to payment of the rebate provided in this
31 SECTION 2. An emergency existing therefor, which emergency is hereby
32 declared to exist, this act shall be in full force and effect on and after its
33 passage and approval, and retroactively to January 1, 2001.
STATEMENT OF PURPOSE
Provides a 10.6% rebate of income taxes paid by individuals for
taxes paid in 1999. Rebate has a minimum of $25 and a maximum of
$91.0 million from the General Fund in Fiscal Year 2001.
Name: Representative Crow
STATEMENT OF PURPOSE/FISCAL NOTE H 385