2002 Legislation
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HOUSE BILL NO. 728 – Tax amnesty

HOUSE BILL NO. 728

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



H0728...............................................by REVENUE AND TAXATION
TAX AMNESTY - Adds to existing law to provide for establishment of a tax
amnesty program; to provide for interest under the tax amnesty program; to
provide for implementation; to provide for disposition of moneys; to
provide for rules; and to provide for analysis of the program by the State
Tax Commission.
                                                                        
03/06    House intro - 1st rdg - to printing
03/07    Rpt prt - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 728
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TAX AMNESTY; AMENDING CHAPTER 40, TITLE 63,  IDAHO  CODE,  BY  THE
  3        ADDITION  OF  A NEW SECTION 63-4012, IDAHO CODE, TO PROVIDE A SHORT TITLE;
  4        TO DEFINE TERMS, TO PROVIDE FOR ESTABLISHMENT OF A TAX AMNESTY PROGRAM, TO
  5        PROVIDE APPLICATION, TO PROVIDE FOR INTEREST UNDER THE  TAX  AMNESTY  PRO-
  6        GRAM, TO PROVIDE FOR IMPLEMENTATION, TO PROVIDE FOR DISPOSITION OF MONEYS,
  7        TO  PROVIDE FOR RULES, TO PROVIDE FOR ANALYSIS OF THE PROGRAM BY THE STATE
  8        TAX COMMISSION AND TO PROVIDE FOR DOUBLE PENALTIES IF TAXPAYERS WERE  ELI-
  9        GIBLE TO PARTICIPATE, AND DID NOT, AND HAVE A DEFICIENCY FOR THE PERIOD IN
 10        WHICH THE AMNESTY APPLIES; AND DECLARING AN EMERGENCY.
                                                                        
 11    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
                                                                        
 12        SECTION  1.  That  Chapter  40,  Title 63, Idaho Code, be, and the same is
 13    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 14    ignated as Section 63-4012, Idaho Code, and to read as follows:
                                                                        
 15        63-4012.  ESTABLISHMENT OF TAX AMNESTY. (1) This act shall be known as the
 16    "2002 Idaho Tax Amnesty Act."
 17        (2)  As used in this section, the following terms have the following mean-
 18    ings:
 19        (a)  "Taxable period" means any period for which a tax return is  required
 20        by law to be filed with the tax commission.
 21        (b)  "Taxpayer"  means  any person, corporation or other entity subject to
 22        any tax imposed by any law of the state of Idaho and payable to the  state
 23        of Idaho and collected by the state tax commission.
 24        (3)  The  state  tax  commission shall establish a tax amnesty program for
 25    all taxpayers owing any tax imposed by reason of or pursuant to  authorization
 26    by  any  law  of the state of Idaho and collected by the state tax commission.
 27    Amnesty tax return forms shall be prepared by the  state  tax  commission  and
 28    shall  provide  for  specificity  by  the  taxpayer of the tax and the taxable
 29    period for which amnesty is being sought by the taxpayer.
 30        (4)  The amnesty program shall be conducted for a  seventy-five  (75)  day
 31    period  established  by the tax commission in the state fiscal year 2003.  The
 32    amnesty program shall provide that, upon written application by  any  taxpayer
 33    and payment by the taxpayer of all taxes and interest due from the taxpayer to
 34    the  state  of Idaho for any taxable period ending prior to December 31, 2001,
 35    the tax commission shall not seek civil or criminal prosecution  of  any  tax-
 36    payer for the taxable period for which amnesty has been granted. Amnesty shall
 37    be  granted  only  to  those taxpayers applying for amnesty during the amnesty
 38    period, which have paid the tax and interest due upon filing the  amnesty  tax
 39    return,  or  which have entered into an installment payment agreement for rea-
 40    sons of financial hardship upon the terms and conditions set by the  tax  com-
 41    mission.  In  the  case of the failure of a taxpayer to pay any installment at
 42    the time the installment payment is due under  the  agreement,  the  agreement
                                                                        
                                           2
                                                                        
  1    shall cease to be effective and the balance of the amounts required to be paid
  2    under  this agreement shall become immediately assessed and be immediately due
  3    and payable. Failure to pay all amounts due to the state of Idaho shall inval-
  4    idate any amnesty granted pursuant to this section.  Amnesty shall be  granted
  5    for  only  the  taxable  period  specified  in the application and only if all
  6    amnesty conditions are satisfied by the taxpayer.
  7        (5)  Any taxpayer who, on the effective date of this act, is  the  subject
  8    of  a criminal investigation or who has an administrative or judicial proceed-
  9    ing or audit or other examination pending shall not be  eligible  for  amnesty
 10    under  this  section for the tax or periods subject to the investigation, pro-
 11    ceeding, audit or other examination.  Any  person  who  is  required  but  has
 12    failed  to  file  a  return who has been contacted in writing by the state tax
 13    commission prior to filing an application for amnesty shall  not  be  eligible
 14    for  amnesty  in  regard  to  the  taxes  on  tax periods to which the contact
 15    related.
 16        (6)  Interest on any taxes paid for the period covered under  the  amnesty
 17    provisions  of  this chapter shall be computed at the rate provided in section
 18    63-3045, Idaho Code.
 19        (7)  Notwithstanding any other provision of law to the contrary,  the  tax
 20    commission  may  do  all  things  necessary in order to provide for the timely
 21    implementation of this section including, but not limited to,  procurement  of
 22    printing,  providing  for  advertising in the electronic and print media,  and
 23    other services and expenditures of appropriated funds.
 24        (8)  All moneys collected pursuant to any tax  imposed  by  the  state  of
 25    Idaho  under  the provisions of this section shall be accounted for separately
 26    and paid into the general fund except for fuel taxes and penalties or interest
 27    pursuant thereto  which shall be paid into the highway distribution account.
 28        (9)  The state tax commission shall promulgate rules, including  temporary
 29    rules, as are necessary to implement this section.
 30        (10) The  state  tax  commission  shall provide an analysis of the amnesty
 31    program to the chairs of the joint finance-appropriations committee, the House
 32    of Representatives revenue and taxation committee and the Senate local govern-
 33    ment and taxation committee by September 1, 2003.  The report shall include an
 34    analysis of revenues received by tax source, distinguishing  between  the  tax
 35    collected and interest collected for each source.
 36        (11) Any  taxpayer  who was eligible to participate in the amnesty program
 37    pursuant to this act, and did not, and has a deficiency for a  taxable  period
 38    or  year for which the amnesty program applies, shall be liable for double the
 39    penalties provided in section 63-3046, Idaho Code.
                                                                        
 40        SECTION 2.  An emergency existing  therefor,  which  emergency  is  hereby
 41    declared to exist, this act shall be in full force and effect on and after its
 42    passage and approval.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS12189

The purpose of this legislation is to provide for a tax amnesty
program.  Taxpayers owing any tax imposed by reason of or
pursuant to authorization by any law of the state of Idaho and
collected by the State Commission.  The amnesty program shall be
conducted for a seventy-five day period for Fiscal year 2003. 

                          FISCAL IMPACT

Unknown any monies will be a positive impact to the general fund.

Contact
Name: Representative Gould, Representative Crow 
Phone: (208) 232-1000
(208) 232-1000



STATEMENT OF PURPOSE/FISCAL NOTE                      H 728