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H0492...............................................by REVENUE AND TAXATION INTERNAL REVENUE CODE - Amends existing law to update the reference to the Internal Revenue Code in effect on January 1, 2002, for state income tax purposes. 01/28 House intro - 1st rdg - to printing 01/29 Rpt prt - to Rev/Tax 02/05 Rpt out - rec d/p - to 2nd rdg 02/06 2nd rdg - to 3rd rdg 02/11 3rd rdg - PASSED - 67-2-1 AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez, McKague, Meyer, Montgomery, Mortensen, Moyle, Pearce, Pischner, Pomeroy, Raybould, Roberts, Sali, Schaefer, Sellman, Shepherd, Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail, Wheeler, Wood, Young, Mr. Speaker NAYS -- Bieter, Robison Absent and excused -- Ridinger Floor Sponsor - Mader Title apvd - to Senate 02/12 Senate intro - 1st rdg - to Loc Gov 02/19 Rpt out - rec d/p - to 2nd rdg 02/20 2nd rdg - to 3rd rdg 02/21 3rd rdg - PASSED - 30-0-5 AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson, Burtenshaw, Cameron, Darrington, Davis, Deide, Dunklin, Goedde, Hawkins, Hill, Ingram, Ipsen, Keough, Little, Lodge, Noh, Richardson, Risch(Risch), Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams NAYS -- None Absent and excused -- Frasure, Geddes, King-Barrutia, Marley, Sandy Floor Sponsor - Bartlett Title apvd - to House 02/22 To enrol 02/25 Rpt enrol - Sp signed 02/26 Pres signed 02/27 To Governor 03/04 Governor signed Session Law Chapter 59 Effective: 01/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature Second Regular Session - 2002IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 492 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO INCOME TAXES; AMENDING SECTION 63-3004, IDAHO CODE, TO UPDATE REF- 3 ERENCES TO THE INTERNAL REVENUE CODE; AMENDING SECTION 14-402, IDAHO CODE, 4 TO UPDATE REFERENCES TO THE INTERNAL REVENUE CODE FOR STATE ESTATE TAX 5 PURPOSES AND TO MAKE TECHNICAL CORRECTIONS; 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 63-3004, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 63-3004. INTERNAL REVENUE CODE. (a) The term "Internal Revenue Code" 11 means the Internal Revenue Code of 1986 of the United States, as amended, and 12 in effect on the first day of January, 20012. 13 (b) Provisions of the Internal Revenue Code amended, deleted, or added 14 prior to the effective date of the latest amendment to this section shall be 15 applicable for Idaho income tax purposes on the effective date provided for 16 such amendments, deletions, or additions, including retroactive provisions. 17 SECTION 2. That Section 14-402, Idaho Code, be, and the same is hereby 18 amended to read as follows: 19 14-402. DEFINITIONS. As used in this chapter: 20 (1) "Commission" means the Idaho state tax commission. 21 (2) "Decedent" means a deceased individual. 22 (3) "Federal credit" means the maximum amount of the credit for state 23 death taxes allowed by section 2011 of the United StatesiInternalrRevenue 24cCode of 1986,as amended or renumbered,and the maximum amount of the credit 25 for the generation skipping tax allowed by section 2604 of the United States 26iInternalrRevenuecCode of 1986,as amended or renumbered,in respect to a 27 decedent's taxable estate. 28 (4) "Federal estate tax return" means any form or other document which 29 establishes, changes or amends a federal estate tax amount. 30 (5) "Gross estate" means "gross estate" as defined and used in section 31 2031 of the United StatesiInternalrRevenuecCode of 1986, as amended or32renumbered. 33 (6) "Internal Revenue Code of 1986" shall be as defined in section 34 63-3004, Idaho Code. 35 (7) "Nonresident" means a decedent who was domiciled outside Idaho at the 36 time of death. 37 (78) "Person" means any individual, estate, trust, receiver, cooperative 38 association, club, corporation, company, firm, partnership, joint venture, 39 syndicate, or other entity and, to the extent permitted by law, any federal, 40 state or other governmental unit or subdivision or agency, department or 41 instrumentality thereof. 2 1 (89) "Personal representative" means the executor or administrator of the 2 decedent or, if no executor or administrator is appointed, qualified and act- 3 ing, any person who has possession of any property. 4 (910) "Property" means property included in the gross estate. 5 (101) "Release" means a release of no tax due or a receipt for payment of 6 the tax due under this chapter. 7 (112) "Resident" means a decedent who was domiciled in Idaho at the time 8 of death. 9 (123) "Section 2011" means section 2011 of the United StatesiInternal 10rRevenuecCode of 1986, as amended or renumbered. 11 (134) "Section 2032A" means section 2032A of the United StatesiInternal 12rRevenuecCode of 1986, as amended or renumbered. 13 (145) "Section 6501" means section 6501 of the United StatesiInternal 14rRevenuecCode of 1986, as amended or renumbered. 15 (156) "Taxable estate" means "taxable estate" as defined in section 2051 16 of the United StatesiInternalrRevenuecCode of 1986, as amended or renum-17bered. 18 (167) "Transfer" means "transfer" as defined and used in section 2001 of 19 the United StatesiInternalrRevenuecCode of 1986, as amended or renumbered. 20 SECTION 3. An emergency existing therefor, which emergency is hereby 21 declared to exist, this act shall be in full force and effect on and after its 22 passage and approval, and retroactively to January 1, 2002.
Reprint Reprint Reprint Reprint Reprint Reprint STATEMENT OF PURPOSE RS 11468C1 Section 1 is the annual Internal Revenue Code conformity bill. This bill is to retain Idaho’s policy of conforming Idaho Income Tax Act with the definition of federal taxable income. Section 2 insures that for Idaho estate tax purposes, amendments to the federal Internal Revenue Code by the “Economic Growth and Tax Relief Reconciliation Act of 2001” (PL 107-16) relating to the federal estate tax are also updated. This will insure that the changes made to the federal estate tax (including the phase-out of the credit for state death taxes) apply for the Idaho tax. FISCAL NOTE Income tax in FY 2003 $3.1 Million Contact Name: Dan John / Ted Spangler Agency: State Tax Commission Phone: 334-7530 STATEMENT OF PURPOSE/FISCAL NOTE H 492