Print Friendly HOUSE BILL NO. 728 – Tax amnesty
HOUSE BILL NO. 728
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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
03/06 House intro - 1st rdg - to printing
03/07 Rpt prt - to Rev/Tax
|||| 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-
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
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
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
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.
Unknown any monies will be a positive impact to the general fund.
Name: Representative Gould, Representative Crow
Phone: (208) 232-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 728