2002 Legislation
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HOUSE BILL NO. 454 – Disasters, tax filing, extensions

HOUSE BILL NO. 454

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Daily Data Tracking History



H0454...............................................by REVENUE AND TAXATION
TAXATION - FILING - DISASTERS - Amends existing law to permit the State Tax
Commission to grant extensions of time to file tax returns and pay taxes in
the event of certain disasters.
                                                                        
01/17    House intro - 1st rdg - to printing
01/18    Rpt prt - to 2nd rdg
01/21    2nd rdg - to 3rd rdg
01/23    3rd rdg - PASSED - 68-0-2
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Bieter, Black,
      Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark,
      Collins, Crow, Cuddy, Denney, Ellis, Ellsworth, Eskridge, Field(13),
      Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins,
      Hornbeck, Jaquet, Jones, Kendell, Kunz, Lake, Langford, Loertscher,
      Mader, Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle,
      Pearce, Pischner, Pomeroy, Raybould, Ridinger, Roberts, Robison,
      Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie,
      Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker
      NAYS -- None
      Absent and excused -- Deal, Kellogg
    Floor Sponsor - Gould
    Title apvd - to Senate
01/24    Senate intro - 1st rdg - to Loc Gov
01/29    Rpt out - rec d/p - to 2nd rdg
    2nd rdg - to 3rd rdg
02/01    3rd rdg - PASSED - 32-0-3
      AYES -- Boatright, Branch, Brandt, Burtenshaw, Cameron, Darrington,
      Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Hill, Ipsen,
      Keough, King-Barrutia, Little, Lodge, Marley, Noh, Richardson, Risch,
      Sandy, Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne(Thorne),
      Wheeler, Williams
      NAYS -- None
      Absent and excused -- Andreason, Bunderson, Ingram
    Floor Sponsor - Ipsen
    Title apvd - to House
02/04    To enrol
02/05    Rpt enrol - Sp signed
02/06    Pres signed
02/07    To Governor
02/12    Governor signed
         Session Law Chapter 21
         Effective: 09/10/01

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 454
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TAXES; AMENDING SECTION 63-113, IDAHO CODE, AS  ADDED  BY  CHAPTER
  3        64,  SECTION 1, LAWS OF 1997, TO REDESIGNATE THE SECTION AND TO PERMIT THE
  4        STATE TAX COMMISSION TO GRANT EXTENSIONS OF TIME TO FILE TAX  RETURNS  AND
  5        PAY  TAXES  IN  THE EVENT OF CERTAIN DISASTERS; DECLARING AN EMERGENCY AND
  6        PROVIDING A RETROACTIVE EFFECTIVE DATE.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Section 63-113, Idaho Code, as added by Chapter 64,  Sec-
  9    tion 1, Laws of 1997, be, and the same is hereby amended to read as follows:
                                                                        
 10        63-1134.  FILING  AND PAYMENT EXTENSIONS AS DISASTER RELIEF. (1) The state
 11    tax commission may grant an extension of time for any filing, or any  payment,
 12    which  is required under any tax law administered or enforced by the state tax
 13    commission, to those persons whose ability to timely comply with their  filing
 14    or  payment  requirement was adversely affected by a natural disaster declared
 15    by the President of the United States or by the governor of  the  state  in  a
 16    state  or  territory  of the United States. The state tax commission may grant
 17    any person entitled to an extension under section 7508A of the Internal  Reve-
 18    nue  Code,  or  regulations promulgated thereunder, an automatic extension for
 19    similar returns and payments due to this state.
 20        (2)  The state tax commission shall provide a procedure for affected  tax-
 21    payers to justify the extension and provide such other information as the com-
 22    mission  may require to support the taxpayer's application. A notice of denial
 23    of an extension application shall be given in the manner provided for  notices
 24    of  deficiencies  in  section  63-3629,  Idaho Code, which shall be subject to
 25    review as provided in section 63-3631, Idaho Code.
 26        (3)  No extension granted under this section shall  be  for  a  period  in
 27    excess of one (1) year.
 28        (4)  In  all cases where the state tax commission has granted an extension
 29    under this section, payment of the tax shall not be subject to any late filing
 30    penalty or interest if payment of the tax is made on or  before  the  extended
 31    due  date.  Failure to file on the extended due date will thereafter cause the
 32    imposition of penalty and interest. Section 63-3033,  Idaho  Code,  shall  not
 33    apply to taxpayers who receive extensions under this section.
 34        (5)  Any  rule,  activity,  procedure or form adopted by the commission to
 35    facilitate the provisions of this section, are exempt from the  provisions  of
 36    chapter 52, title 67, Idaho Code.
                                                                        
 37        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 38    declared to exist, this act shall be in full force and effect on and after its
 39    passage and approval, and retroactively to September 10, 2001.

Statement of Purpose / Fiscal Impact


                       STATEMENT OF PURPOSE
                           RS 11478

Relating to Taxes; amending section 63-113, Idaho Code, to permit 
the State Tax Commission to grant extensions of time to file tax 
returns and pay taxes in the event of certain disasters; and 
declaring an emergency and providing a retroactive effective date.

Strike the word "natural" from the Idaho Code section 63-113; filing 
and payment extensions as disaster relief.  Presently the STC may 
grant relief during times of a natural disaster.  This change 
deleting "natural" ensures that taxpayers impacted by the events 
September 11, 2001, are not also adversely affected by actions of 
the STC.
                          FISCAL IMPACT

None

Contact
Name: Dan John/Ted Spangler,
      Idaho State Tax Commission 
      Phone: 334-7530




STATEMENT OF PURPOSE/FISCAL NOTE                H 454