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H0087aaS............................................by REVENUE AND TAXATION INCOME TAX - Amends existing law to increase the percentage of net capital gain for taxable year 2001 from the sale or exchange of qualified property which shall be a deduction in determining taxable income. 01/24 House intro - 1st rdg - to printing 01/25 Rpt prt - to Rev/Tax 03/29 Rpt out - rec d/p - to 2nd rdg Rls susp - PASSED - 55-6-9 AYES -- Barraclough, Barrett, Bedke, Black, Bolz, Bradford, Bruneel, Callister, Collins, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Langford, Loertscher, McKague, Meyer, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young(Young), Mr. Speaker NAYS -- Bieter, Boe, Chase, Henbest(Farley), Marley, Robison Absent and excused -- Bell, Campbell, Clark, Crow, Hansen, Higgins, Lake, Mader, Montgomery Floor Sponsor -- Moyle Title apvd - to Senate 03/29 Senate intro - 1st rdg - to Loc Gov 03/30 Rpt out - rec d/p - to 2nd rdg To 14th Ord Rpt out amen - to 1st rdg as amen Rls susp - PASSED as amen - 31-4-0 AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Sims, Sorensen, Stennett, Thorne, Wheeler, Williams NAYS -- Dunklin, Schroeder, Stegner, Whitworth Absent and excused -- None Floor Sponsor -- Frasure Title apvd - to House 03/30 House concurred in Senate amens - to engros Rpt engros - 1st rdg - to 2nd rdg as amen Rls susp - PASSED as amen - 53-2-15 AYES -- Barraclough, Barrett, Bedke, Bell, Black, Boe, Bolz, Bradford, Bruneel, Clark, Collins, Cuddy, Deal, Denney, Ellis, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Harwood, Henbest(Farley), Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Moyle, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Sali, Schaefer, Shepherd, Smylie, Stevenson, Tilman, Trail, Wood, Young(Young), Mr. Speaker NAYS -- Bieter, Robison Absent and excused -- Callister, Campbell, Chase, Crow, Ellis Ellsworth, Hammond, Hansen, Higgins, Mader, Pearce, Sellman, Smith, Stone Wheeler Floor Sponsor -- Gould Title apvd - to enrol 04/02 Rpt enrol - Sp signed - Pres signed 04/04 Governor signed Session Law Chapter 323 Effective: 01/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 87 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO CAPITAL GAINS; AMENDING SECTION 63-3022H, IDAHO CODE, TO INCREASE 3 THE PERCENTAGE OF THE NET CAPITAL GAIN OVER A TWO TAXABLE YEAR PERIOD FROM 4 THE SALE OR EXCHANGE OF QUALIFIED PROPERTY WHICH SHALL BE A DEDUCTION IN 5 DETERMINING TAXABLE INCOME AND TO MAKE TECHNICAL CORRECTIONS; DECLARING AN 6 EMERGENCY AND PROVIDING RETROACTIVE APPLICATION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 63-3022H, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 63-3022H. DEDUCTION OF CAPITAL GAINS. (1) If an individual taxpayer 11 reports a net capital gain in determining taxable income,sixtyeighty percent 12 (80%) in taxable year 2001 and one hundred percent (6100%) in taxable years 13 thereafter of the net capital gain from the sale or exchange of qualified 14 property shall be a deduction in determining taxable income. 15 (2) The deduction provided in this section is limited to the amount of 16 the net capital gain from all property included in federal taxable income. Net 17 capital gains treated as ordinary income by theiInternalrRevenuecCode do 18 not qualify for the deduction allowed in this section. The deduction otherwise 19 allowable under this section shall be reduced by the amount of any federal 20 capital gains deduction relating to such property, but not below zero. 21 (3) As used in this section "qualified property" means the following 22 property having an Idaho situs at the time of sale: 23 (a) Real property held at least eighteen (18) months; 24 (b) Tangible personal property used in Idaho for at least twelve (12) 25 months by a revenue-producing enterprise; 26 (c) Cattle or horses held for breeding, draft, dairy or sporting purposes 27 for at least twenty-four (24) months if more than one-half (1/2) of the 28 taxpayer's gross income (as defined in section 61(a) of theiInternal 29rRevenuecCode) for the taxable year is from farming or ranching opera- 30 tions in Idaho; 31 (d) Breeding livestock other than cattle or horses held at least twelve 32 (12) months if more than one-half (1/2) of the taxpayer's gross income (as 33 defined in section 61(a) of theiInternalrRevenuecCode) for the taxable 34 year is from farming or ranching operations in Idaho; 35 (e) Timber grown in Idaho and held at least twenty-four (24) months; 36 (f) In determining the period for which property subject to this section 37 has been held by a taxpayer, the provisions of section 1223 of the 38iInternalrRevenuecCode shall apply, except that when the holding period 39 includes any period during which the taxpayer held property other than the 40 property sold, all property held during the holding period must qualify 41 under this section. 42 (4) If an individual reports a capital gain from qualified property from 43 an S corporation or a partnership, a deduction shall be allowed under this 2 1 section only to the extent the individual held his interest in the income of 2 the S corporation or the partnership for the time required by subsection (3) 3 of this section for the property sold. 4 (5) If an individual reports a capital gain from an estate, no deduction 5 shall be allowed under this section unless the holding period required in sub- 6 section (3) of this section was satisfied by the decedent, the estate, or the 7 beneficiary, or a combination thereof. 8 (6) If an individual reports a capital gain from a trust, no deduction 9 shall be allowed under this section unless the holding period required in sub- 10 section (3) of this section was satisfied by the grantor, the trust, or the 11 beneficiary, or a combination thereof. 12 (7) As used in this section "revenue-producing enterprise" means: 13 (a) The production, assembly, fabrication, manufacture, or processing of 14 any agricultural, mineral or manufactured product; 15 (b) The storage, warehousing, distribution, or sale at wholesale of any 16 products of agriculture, mining or manufacturing; 17 (c) The feeding of livestock at a feedlot; 18 (d) The operation of laboratories or other facilities for scientific, 19 agricultural, animal husbandry, or industrial research, development, or 20 testing. 21 SECTION 2. An emergency existing therefor, which emergency is hereby 22 declared to exist, this act shall be in full force and effect on and after its 23 passage and approval, and retroactively to January 1, 2001.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001Moved by Thorne Seconded by Stegner IN THE SENATE SENATE AMENDMENT TO H.B. NO. 87 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 12, delete "one hundred" and 3 insert: "sixty"; and also in line 12, delete "6100" and insert: "60". 4 CORRECTION TO TITLE 5 On page 1, delete line 3, and insert: "THE PERCENTAGE OF THE NET CAPITAL 6 GAIN FOR TAXABLE YEAR 2001 FROM".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 87, As Amended in the Senate BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO CAPITAL GAINS; AMENDING SECTION 63-3022H, IDAHO CODE, TO INCREASE 3 THE PERCENTAGE OF THE NET CAPITAL GAIN FOR TAXABLE YEAR 2001 FROM THE SALE 4 OR EXCHANGE OF QUALIFIED PROPERTY WHICH SHALL BE A DEDUCTION IN DETERMIN- 5 ING TAXABLE INCOME AND TO MAKE TECHNICAL CORRECTIONS; DECLARING AN EMER- 6 GENCY AND PROVIDING RETROACTIVE APPLICATION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 63-3022H, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 63-3022H. DEDUCTION OF CAPITAL GAINS. (1) If an individual taxpayer 11 reports a net capital gain in determining taxable income,sixtyeighty percent 12 (80%) in taxable year 2001 and sixty percent (60%) in taxable years thereafter 13 of the net capital gain from the sale or exchange of qualified property shall 14 be a deduction in determining taxable income. 15 (2) The deduction provided in this section is limited to the amount of 16 the net capital gain from all property included in federal taxable income. Net 17 capital gains treated as ordinary income by theiInternalrRevenuecCode do 18 not qualify for the deduction allowed in this section. The deduction otherwise 19 allowable under this section shall be reduced by the amount of any federal 20 capital gains deduction relating to such property, but not below zero. 21 (3) As used in this section "qualified property" means the following 22 property having an Idaho situs at the time of sale: 23 (a) Real property held at least eighteen (18) months; 24 (b) Tangible personal property used in Idaho for at least twelve (12) 25 months by a revenue-producing enterprise; 26 (c) Cattle or horses held for breeding, draft, dairy or sporting purposes 27 for at least twenty-four (24) months if more than one-half (1/2) of the 28 taxpayer's gross income (as defined in section 61(a) of theiInternal 29rRevenuecCode) for the taxable year is from farming or ranching opera- 30 tions in Idaho; 31 (d) Breeding livestock other than cattle or horses held at least twelve 32 (12) months if more than one-half (1/2) of the taxpayer's gross income (as 33 defined in section 61(a) of theiInternalrRevenuecCode) for the taxable 34 year is from farming or ranching operations in Idaho; 35 (e) Timber grown in Idaho and held at least twenty-four (24) months; 36 (f) In determining the period for which property subject to this section 37 has been held by a taxpayer, the provisions of section 1223 of the 38iInternalrRevenuecCode shall apply, except that when the holding period 39 includes any period during which the taxpayer held property other than the 40 property sold, all property held during the holding period must qualify 41 under this section. 42 (4) If an individual reports a capital gain from qualified property from 43 an S corporation or a partnership, a deduction shall be allowed under this 2 1 section only to the extent the individual held his interest in the income of 2 the S corporation or the partnership for the time required by subsection (3) 3 of this section for the property sold. 4 (5) If an individual reports a capital gain from an estate, no deduction 5 shall be allowed under this section unless the holding period required in sub- 6 section (3) of this section was satisfied by the decedent, the estate, or the 7 beneficiary, or a combination thereof. 8 (6) If an individual reports a capital gain from a trust, no deduction 9 shall be allowed under this section unless the holding period required in sub- 10 section (3) of this section was satisfied by the grantor, the trust, or the 11 beneficiary, or a combination thereof. 12 (7) As used in this section "revenue-producing enterprise" means: 13 (a) The production, assembly, fabrication, manufacture, or processing of 14 any agricultural, mineral or manufactured product; 15 (b) The storage, warehousing, distribution, or sale at wholesale of any 16 products of agriculture, mining or manufacturing; 17 (c) The feeding of livestock at a feedlot; 18 (d) The operation of laboratories or other facilities for scientific, 19 agricultural, animal husbandry, or industrial research, development, or 20 testing. 21 SECTION 2. An emergency existing therefor, which emergency is hereby 22 declared to exist, this act shall be in full force and effect on and after its 23 passage and approval, and retroactively to January 1, 2001.
STATEMENT OF PURPOSE RS10738 AMENDMENTS TO THE REVENUE AND TAXATION STATUTE In 1987 the Idaho Legislature passed legislation to restore favorable capital gains treatment on certain assets for tax purposes. The purpose of this legislation is to increase the exclusion from 60% to 100% over two years effectively eliminating state assessed capital gains tax on the assets described in the existing statute. To qualify for the exclusion the asset must have been located in Idaho at the time of sale. Assets outlined for favorable treatment in Idaho include: real property held at least 18 months; tangible personal property that was used in manufacturing, mining, agriculture, wholesaling or research and development held longer than 12 months; cattle or horses held for 24 months or more; other breeding livestock held for 12 months or more; or private timber held for 24 months or longer. FISCAL IMPACT A reduction in the General Fund of $4,350,000 in 2001 and a reduction in the General Fund of $4,715,400 in 2002 reflecting an 8.4% increase between the two years. Contact Name: Rep. Dolores Crow Phone: 332-1125 Rep. Celia Gould 332-1127 Rep. Cameron Wheeler 332-1000 Rep. Lee Gagner 332-1000 Rep. Mike Moyle 332-1000 Alex LaBeau, Idaho Association of REALTORS 342-3585 STATEMENT OF PURPOSE/FISCAL NOTE Bill No. H008