2003 Legislation
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HOUSE BILL NO. 74 – Sales tax, liability

HOUSE BILL NO. 74

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Daily Data Tracking History



H0074..................................................by REVENUE AND TAXATION
SALES TAX - Amends existing law to clarify that a responsible person can be
liable for sales and use taxes of any taxpayer whose compliance is that
person's duty.
                                                                        
01/15    House intro - 1st rdg - to printing
01/16    Rpt prt - to Rev/Tax
01/20    Rpt out - rec d/p - to 2nd rdg
01/21    2nd rdg - to 3rd rdg
01/22    3rd rdg - PASSED - 55-12-3
      AYES -- Andersen, Barraclough, Bauer, Bell, Bieter, Black, Block, Boe,
      Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Denney,
      Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23),
      Gagner, Garrett, Henbest, Jaquet, Jones, Kellogg, Lake, Langford,
      Langhorst, Martinez, McGeachin, Miller, Mitchell, Nacarrato, Nielsen,
      Raybould, Ridinger, Ring, Ringo, Robison, Rydalch, Sayler, Shepherd,
      Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson,
      Wills
      NAYS -- Barrett, Bedke, Harwood, Kulczyk, McKague, Moyle, Roberts, Sali,
      Tilman, Trail, Wood, Mr. Speaker
      Absent and excused -- Deal, Meyer, Schaefer
    Floor Sponsor - Ridinger
    Title apvd - to Senate
01/23    Senate intro - 1st rdg - to Loc Gov
01/28    Rpt out - rec d/p - to 2nd rdg
01/29    2nd rdg - to 3rd rdg
01/30    3rd rdg - PASSED - 25-8-2
      AYES -- Andreason, Bunderson, Cameron, Compton, Darrington, Davis,
      Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge,
      Malepeai, Marley, McKenzie, McWilliams, Noh, Richardson, Sorensen,
      Stegner, Werk, Williams
      NAYS -- Bailey, Burkett, Calabretta, Noble, Pearce, Schroeder, Stennett,
      Sweet
      Absent and excused -- Brandt, Burtenshaw
    Floor Sponsor - Hill
    Title apvd - to House
01/30    To enrol
01/31    Rpt enrol - Sp signed
02/03    Pres signed
02/04    To Governor
02/10    Governor signed
         Session Law Chapter 7
         Effective: 07/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 74
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO THE SALES AND USE TAXES; AMENDING SECTION 63-3627, IDAHO CODE,  TO
  3        CLARIFY  THAT A RESPONSIBLE PERSON CAN BE LIABLE FOR TAXES OF ANY TAXPAYER
  4        WHOSE TAX COMPLIANCE IS THAT PERSON'S DUTY AND TO MAKE  TECHNICAL  CORREC-
  5        TIONS.
                                                                        
  6    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  7        SECTION  1.  That  Section 63-3627, Idaho Code, be, and the same is hereby
  8    amended to read as follows:
                                                                        
  9        63-3627.  RESPONSIBILITY FOR TAXES. -- CORPORATIONS, PARTNERSHIPS AND LIM-
 10    ITED LIABILITY COMPANIES. (a) Every person with the duty to  account  for  and
 11    pay over any tax which is imposed upon or required to be collected by any cor-
 12    poration, partnership or limited liability company taxpayer under this chapter
 13    on behalf of such corporation, partnership or limited liability taxpayer as an
 14    officer,  member  or employee of such corporation, partnership or limited lia-
 15    bility company taxpayer, shall be personally liable for payment of  such  tax,
 16    plus penalties and interest, if he fails to carry out his duty.
 17        (b)  Any  such individual required to collect, truthfully account for, and
 18    pay over any tax imposed by this chapter who wilfully willfully fails to  col-
 19    lect  such  tax,  or truthfully account for and pay over such tax, or wilfully
 20    willfully attempts in any manner to evade or defeat any such tax or  the  pay-
 21    ment thereof, shall, in addition to other penalties provided by law, be liable
 22    to a penalty equal to the total amount of the tax evaded, or not collected, or
 23    not  accounted  for  and  paid over. No penalty shall be imposed under section
 24    63-3046(b), Idaho Code, for any offense to which this subsection (b) is appli-
 25    cable.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE

                             RS 12388

This bill amends the section of the Idaho Sales and Use Tax Act
relating to the responsible-person liability for unpaid sales and
use taxes to provide that a responsible person can be liable for
taxes of any taxpayer whose tax compliance is that person's duty. 






                         FISCAL IMPACT

Additional $250,000 of revenue from sales and use taxes.














CONTACT
Name:        Dan John/Ted Spangler
Agency:      State Tax Commission
Phone:       334-7530

Statement of Purpose/Fiscal Impact                        H7