2003 Legislation
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HOUSE BILL NO. 453 – Income tax credit, capital investmt

HOUSE BILL NO. 453

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H0453...............................................by REVENUE AND TAXATION
INCOME TAX CREDIT - CAPITAL INVESTMENT - Amends existing law to provide
that for qualified investments placed into service in taxable years
beginning in 2003 and thereafter, the taxpayer may elect, in lieu of the
credit provided by this section, a two year exemption from all taxes on
personal property on the qualified investment; to provide procedures; to
provide for cooperation between the State Tax Commission and the county
assessors; and to provide penalties.
                                                                        
04/28    House intro - 1st rdg - to printing
    Rpt prt - to 2nd rdg
    Rls susp - PASSED - 51-18-1
      AYES -- Andersen(Guyon), Barraclough(Schanz), Barrett, Bauer, Bedke,
      Bell, Black, Block, Bolz, Bradford, Campbell, Cannon, Clark, Collins,
      Crow, Cuddy, Deal, Denney, Eberle, Edmunson, Ellsworth, Eskridge,
      Field(18), Field(23), Gagner, Garrett, Harwood, Jaquet, Kellogg,
      Lake, Langford, McKague, Meyer, Miller, Moyle, Nielsen, Raybould,
      Ring, Roberts, Rydalch, Sali, Schaefer, Shepherd(Buell), Shirley,
      Skippen, Smylie, Snodgrass, Stevenson, Tilman, Wills, Mr. Speaker
      NAYS -- Bieter, Boe, Douglas, Henbest, Kulczyk, Langhorst,
      Martinez(Echohawk), McGeachin, Mitchell, Naccarato(Riggs), Ridinger,
      Ringo, Robison, Sayler, Smith(30), Smith(24), Trail, Wood
      Absent and excused -- Jones
    Floor Sponsor - Moyle
    Title apvd - to Senate
04/28    Senate intro - 1st rdg
    Rls susp - Motion to refer to 14th Ord
    Notice served for reconsideration of motion
    Held at Desk
04/29    Reconsider Motion to refer to 14th Ord PASSED
    Motion to refer to 14th Order FAILED
    Rls previously susp - PASSED - 23-9-3
      AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Cameron,
      Darrington, Davis, Gannon, Geddes, Goedde, Ingram, Kennedy, Little,
      Lodge, Malepeai, McKenzie, Pearce, Richardson, Sorensen, Stennett,
      Werk, Williams
      NAYS -- Burkett, Compton, Hill (Hill), Keough, Marley, McWilliams,
      Noh, Schroeder, Stegner
      Absent and excused -- Calabretta, Noble, Sweet
    Floor Sponsor - McKenzie
    Title apvd - to House
04/30    To enrol
05/01    Rpt enrol - Sp signed - Pres signed
05/02    To Governor
05/05    Governor signed
         Session Law Chapter 345
         Effective: 01/01/03

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-seventh Legislature                 First Regular Session - 2003
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 453
                                                                        
                             BY REVENUE AND TAXATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO TAXATION; AMENDING SECTION 63-3029B, IDAHO CODE, TO  PROVIDE  THAT
  3        FOR  QUALIFIED INVESTMENTS PLACED IN SERVICE IN TAXABLE YEARS BEGINNING IN
  4        2003 AND THEREAFTER, THE TAXPAYER MAY ELECT, IN LIEU  OF  THE  INCOME  TAX
  5        CREDIT  PROVIDED  FOR  CAPITAL  INVESTMENT,  A TWO YEAR EXEMPTION FROM ALL
  6        TAXES ON PERSONAL PROPERTY ON THE QUALIFIED INVESTMENT, TO PROVIDE  PROCE-
  7        DURES,  TO  PROVIDE  FOR  COOPERATION BETWEEN THE STATE TAX COMMISSION AND
  8        COUNTY ASSESSORS AND TO PROVIDE  PENALTIES;  PROVIDING  FOR  SEVERABILITY;
  9        DECLARING AN EMERGENCY AND PROVIDING RETROACTIVE APPLICATION.
                                                                        
 10    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That Section 63-3029B, Idaho Code, be, and the same is hereby
 12    amended to read as follows:
                                                                        
 13        63-3029B.  INCOME TAX CREDIT FOR CAPITAL INVESTMENT. (1) At  the  election
 14    of  the taxpayer there shall be allowed, subject to the applicable limitations
 15    provided herein as a credit against the income  tax  imposed  by  chapter  30,
 16    title 63, Idaho Code, an amount equal to the sum of:
 17        (a)  The tax credit carryovers; and
 18        (b)  The tax credit for the taxable year.
 19        (2)  The  maximum  allowable  amount of the credit for the current taxable
 20    year shall be three percent (3%) of the amount of qualified  investments  made
 21    during the taxable year.
 22        (3)  As  used  in this section "qualified investment" means certain depre-
 23    ciable property which:
 24        (a)  (i)  Is eligible for the federal investment tax credit, as defined in
 25             sections 46(c) and 48 of the Internal Revenue  Code  subject  to  the
 26             limitations provided for certain regulated companies in section 46(f)
 27             of  the  Internal Revenue Code and is not a motor vehicle under eight
 28             thousand (8,000) pounds gross weight; or
 29             (ii) Is qualified broadband equipment as defined in section 63-3029I,
 30             Idaho Code; and
 31        (b)  Is acquired, constructed, reconstructed, erected or placed into  ser-
 32        vice after December 31, 1981; and
 33        (c)  Has a situs in Idaho.
 34        (4)  (a) For  qualified  investments  placed  in  service in taxable years
 35        beginning in 2003 and thereafter, the taxpayer may elect, in lieu  of  the
 36        credit  provided  by this section, a two (2) year exemption from all taxes
 37        on personal property on the qualified investment. The exemption from  per-
 38        sonal  property  tax shall apply to the year the election is filed as pro-
 39        vided in this section and the immediately  following  year.  The  election
 40        provided  by  this  paragraph  is available only to a taxpayer whose Idaho
 41        taxable income in the second preceding taxable year in which  the  invest-
 42        ment is placed in service is negative.
 43        (b)  The  election  shall  be made in the form prescribed by the state tax
                                                                        
                                       2
                                                                        
  1        commission and shall include a specific description and  location  of  all
  2        qualified  investments placed into service and located in the jurisdiction
  3        of the assessing authority, a designation of the specific assets for which
  4        the exemption is claimed, and such other information as the state tax com-
  5        mission may require. The election must be made by including  the  election
  6        form  with  the  listing  of personal property required by section 63-302,
  7        Idaho Code, or, in the case of operating property assessed  under  chapter
  8        4, title 63, Idaho Code, with the operator's statement required by section
  9        63-404,  Idaho  Code, for the calendar year immediately following the tax-
 10        able year in which the property was placed  in  service.   Once  made  the
 11        election  is  irrevocable.  If  no  election  is made, the election is not
 12        otherwise available. A copy of the election form must also be attached  to
 13        the original income tax return due for the taxable year in which the claim
 14        was made.
 15        (c)  The  state tax commission and the various county assessors are autho-
 16        rized to exchange information as  necessary  to  properly  coordinate  the
 17        exemption provided in this subsection.
 18        (d)  In the event that an investment in regard to which the election under
 19        this  section was made is determined by the state tax commission to not be
 20        a qualified investment or ceases to qualify during the  recapture  period,
 21        the  taxpayer  shall  be  subject  to a penalty equal to the amount of the
 22        claimed investment times the average urban property tax levy of the  state
 23        as determined by the state tax commission times two (2).
 24        (5)  Notwithstanding  the  provisions  of  subsections (1) and (2) of this
 25    section, the amount of the credit allowed shall not exceed fifty percent (50%)
 26    of the tax liability of the taxpayer. The tax liability of the taxpayer  shall
 27    be the tax after deducting the credit allowed by section 63-3029, Idaho Code.
 28        (56)  If  the  sum of credit carryovers from the credit allowed by subsec-
 29    tion (2) of this section and the amount of credit for the  taxable  year  from
 30    the  credit  allowed  by  subsection (2) of this section exceed the limitation
 31    imposed by subsection (45) of this section for the current taxable  year,  the
 32    excess  attributable  to the current taxable year's credit shall be an invest-
 33    ment credit carryover to the fourteen (14) succeeding taxable  years.  In  the
 34    case  of  a  group  of  corporations  filing  a  combined report under section
 35    63-3027, Idaho Code, or sections 63-3027B through 63-3027E, Idaho Code, credit
 36    earned by one (1) member of the group but not used by that member may be  used
 37    by  another  member of the group, subject to the provisions of subsection (45)
 38    of this section, instead of carried over. The entire amount of  unused  credit
 39    shall  be carried forward to the earliest of the succeeding years, wherein the
 40    oldest available unused credit shall be used first, so long as  the  qualified
 41    investment  property  for  which the unused credit was granted still maintains
 42    Idaho situs. For a combined group of corporations, credit carried forward  may
 43    be  claimed by any member of the group unless the member who earned the credit
 44    is no longer included in the combined group.
 45        (67)  Any recapture of the credit allowed by subsection (2) of  this  sec-
 46    tion  on property disposed of or ceasing to qualify, prior to the close of the
 47    recapture period, shall be determined according to  the  applicable  recapture
 48    provisions  of  the  Internal  Revenue Code. In the case of a unitary group of
 49    corporations, the increase in tax due  to  the  recapture  of  investment  tax
 50    credit  must  be  reported  by  the  member of the group who earned the credit
 51    regardless of which member claimed the credit against tax.
 52        (78)  For the purpose of determining whether property placed in service is
 53    a "qualified investment" as defined in subsection (3)  of  this  section,  the
 54    provisions of section 49 of the Internal Revenue Code shall be disregarded.
 55        (89)  For purposes of this section, property has a situs in Idaho during a
                                                                        
                                       3
                                                                        
  1    taxable year if it is used in Idaho at any time during the taxable year. Prop-
  2    erty not used in Idaho during a taxable year does not have a situs in Idaho in
  3    the taxable year during which the property is not used in Idaho or in any sub-
  4    sequent taxable year. No credit or carryover of credit is permitted under this
  5    section  if  the  credit or carryover relates to property that does not have a
  6    situs in Idaho during the taxable year for which the credit  or  carryover  is
  7    claimed. The Idaho situs of property must be established by records maintained
  8    by the taxpayer which are created reasonably contemporaneously with the use of
  9    the property.
 10        (910) In  the  case  of  property used both in and outside Idaho, the tax-
 11    payer, electing to claim the credit provided in this section,  must  elect  to
 12    compute  the  qualified  investment  in property with a situs in Idaho for all
 13    such investments first qualifying during that year in one (1),  but  only  one
 14    (1), of the following ways:
 15        (a)  The  amount of each qualified investment in a specific asset shall be
 16        separately computed based on the percentage of the actual use of the prop-
 17        erty in Idaho by using a measure of the use, such as total miles or  total
 18        machine hours, that most accurately reflects the beneficial use during the
 19        taxable  year  in  which it is first acquired, constructed, reconstructed,
 20        erected or placed into service; provided, that the asset is placed in ser-
 21        vice more than ninety (90) days before the end of the taxable year. In the
 22        case of assets acquired, constructed,  reconstructed,  erected  or  placed
 23        into  service within ninety (90) days prior to the end of the taxable year
 24        in which the investment first qualifies, the measure of the  use  of  that
 25        asset within Idaho for that year shall be based upon the percentage of use
 26        in Idaho during the first ninety (90) days of use of the asset;
 27        (b)  The  investment  in  qualified  property used both inside and outside
 28        Idaho during the taxable year in which it is first acquired,  constructed,
 29        reconstructed,  erected  or placed into service shall be multiplied by the
 30        percent of the investment that would be included in the numerator  of  the
 31        Idaho  property factor determined pursuant to section 63-3027, Idaho Code,
 32        for the same year.
 33        (101) Only for the purposes of subsections (3)(a) and (78)  of  this  sec-
 34    tion,  references to sections of the "Internal Revenue Code" mean the sections
 35    referred to as they existed in the Internal Revenue  Code  of  1986  prior  to
 36    November 5, 1990.
                                                                        
 37        SECTION  2.  SEVERABILITY.  The provisions of this act are hereby declared
 38    to be severable and if any provision of this act or the  application  of  such
 39    provision  to  any  person or circumstance is declared invalid for any reason,
 40    such declaration shall not affect the validity of the  remaining  portions  of
 41    this act.
                                                                        
 42        SECTION  3.  An  emergency  existing  therefor,  which emergency is hereby
 43    declared to exist, this act shall be in full force and effect on and after its
 44    passage and approval, and retroactively to January 1, 2003.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 13321
This bill allows taxpayers who make new personal property
investments in Idaho, on and after January 1, 2003, the
opportunity to forego the income tax investment tax credit (ITC)
by electing an exemption from personal tax on the property for a
period of two years.

Taxpayers who are in a loss situation are not able to claim the
ITC because they have no tax liability to offset.  This bill will
allow taxpayers who have suffered loses to elect to be exempt
from property tax on personal property on new property
acquisitions/investments for two years in lieu of the ITC.

The average rural property tax rate is 1.2%.  The average urban
property tax rate is 1.7%.  Two years of property tax exemption
closely approximates the amount of ITC that would have been
earned.
                          FISCAL IMPACT
No fiscal cost to the General Fund.  The cost to the counties in
Idaho is zero, as a tax shift occurs.  It is estimated that the
tax shift will be in the $6 - $8 million range in the first year,
which equates to about 5% of total property tax on personal
property paid last year.  The cost to schools is also zero in the
first year and about $665,000 in year two.

Contact
Name: Representative Mike Moyle 
Phone: (208) 332-1000




STATEMENT OF PURPOSE/FISCAL NOTE                       H 453