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H0720...............................................by REVENUE AND TAXATION INTERNAL REVENUE CODE - Amends existing law to update references to the Internal Revenue Code; and to provide that the adjusted basis of depreciable property, depreciation and capital gains and losses shall be computed without regard to subsection (k) of Section 168 of the Internal Revenue Code; to provide that no deduction shall be allowed relating to expenses of elementary and secondary teachers otherwise allowable under Section 62(a)(2)(D) of the Internal Revenue Code; and to extend the statute of limitations on assessments and refunds in regard to the adjusted basis of certain property subject to Section 63-3022O, Idaho Code. 02/18 House intro - 1st rdg - to printing 02/19 Rpt prt - to 2nd rdg 02/20 2nd rdg - to 3rd rdg 02/23 3rd rdg - PASSED - 67-2-1 AYES -- Barraclough, Barrett, Bauer, Bayer, Bedke, Bell, Black, Block, Boe, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- Andersen, Smith(30) Absent and excused -- Gagner Floor Sponsor - Raybould Title apvd - to Senate 02/24 Senate intro - 1st rdg - to Loc Gov 03/02 Rpt out - rec d/p - to 2nd rdg 03/03 2nd rdg - to 3rd rdg 03/04 3rd rdg - PASSED - 23-11-1 AYES -- Bailey, Brandt, Bunderson, Burtenshaw, Cameron, Compton(Duncan), Darrington, Davis, Gannon, Geddes, Hill, Ingram, Little, Lodge, McKenzie, McWilliams, Noble, Pearce, Richardson, Sorensen, Stegner, Sweet, Williams NAYS -- Andreason, Calabretta, Goedde, Kennedy, Keough, Malepeai, Marley, Noh, Schroeder, Stennett, Werk Absent and excused -- Burkett Floor Sponsor - McKenzie Title apvd - to House 03/05 To enrol - Rpt enrol - Sp signed - Pres signed 03/05 To Governor 03/05 Governor signed Session Law Chapter 20 Effective: 01/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 720 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 63-3022O, IDAHO 4 CODE, TO MAKE TECHNICAL CHANGES, TO PROVIDE THE ADJUSTED BASIS OF DEPRE- 5 CIABLE PROPERTY, DEPRECIATION AND CAPITAL GAINS AND LOSSES SHALL BE COM- 6 PUTED WITHOUT REGARD TO SUBSECTION (k) OF SECTION 168 OF THE INTERNAL REV- 7 ENUE CODE, TO PROVIDE THAT NO DEDUCTION SHALL BE ALLOWED RELATING TO 8 EXPENSES OF ELEMENTARY AND SECONDARY TEACHERS OTHERWISE ALLOWABLE UNDER 9 SECTION 62(a)(2)(D) OF THE INTERNAL REVENUE CODE AND TO EXTEND THE STATUTE 10 OF LIMITATIONS ON ASSESSMENTS AND REFUNDS IN REGARD TO THE ADJUSTED BASIS 11 OF CERTAIN PROPERTY SUBJECT TO SECTION 63-3022O, IDAHO CODE; DECLARING AN 12 EMERGENCY AND PROVIDING RETROACTIVE APPLICATION. 13 Be It Enacted by the Legislature of the State of Idaho: 14 SECTION 1. That Section 63-3004, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 63-3004. INTERNAL REVENUE CODE. (a) The term "Internal Revenue Code" 17 means the Internal Revenue Code of 1986 of the United States, as amended, and 18 in effect on the first day of January, 20034. 19 (b) Provisions of the Internal Revenue Code amended, deleted, or added 20 prior to the effective date of the latest amendment to this section shall be 21 applicable for Idaho income tax purposes on the effective date provided for 22 such amendments, deletions, or additions, including retroactive provisions. 23 SECTION 2. That Section 63-3022O, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 63-3022O. ADJUSTMENTFOR-- PROPERTY ACQUIRED AFTER SEPTEMBER 10, 2001 -- 26 EXPENSES OF ELEMENTARY AND SECONDARY TEACHERS -- SMALL BUSINESS EXPENSES -- 27 LIMITATIONS ON ASSESSMENTS AND REFUNDS. For taxable years commencing on and 28 after January 1, 2001, in computing Idaho taxable income: 29 (1) The adjusted basis of depreciable property, depreciation and capital 30 gains and losses shall be computed without regard to subsection (k) of section 31 168 of the Internal Revenue Code, as amended by section 101 of the "Job Cre-32ation and Worker Assistance Act of 2002"; and 33 (2) No deduction shall be allowed relating to expenses of elementary and 34 secondary teachers otherwise allowable under section 62(a)(2)(D) of the Inter- 35 nal Revenue Code, as amended by section 406 of the "Job Creation and Worker36Assistance Act of 2002."; and 37 (3) When, in regard to property subject to this section, the adjusted 38 basis of depreciable property, depreciation and capital gains and losses 39 resulting from the provisions of this section (as previously reported by the 40 taxpayer or as adjusted by the state tax commission) are subject to change or 41 adjustment by the taxpayer or by the state tax commission, a claim for refund 2 1 or notice of deficiency determination for amounts resulting from the changes 2 shall be made within the greater of the time provided in sections 63-3068 and 3 63-3072, Idaho Code, or the useful life of the property to which the adjust- 4 ment relates. 5 SECTION 3. An emergency existing therefor, which emergency is hereby 6 declared to exist, this act shall be in full force and effect on and after its 7 passage and approval, and retroactively to January 1, 2004.
STATEMENT OF PURPOSE RS 14120 This is the annual bill to update references to the Internal Revenue Code (IRC). It conforms the Idaho income tax to changes made to the IRC after January 1, 2003, including the federal "Jobs and Growth Tax Relief Act of 2003" (JGTRA). However, no Idaho deduction will be allowed relating to the increased (from 30% to 50%) special allowance for first year "bonus depreciation" permitted by subsection (k) of section 168 of the IRC. For computing Idaho taxable income, the adjusted basis of depreciable property and capital gains or losses will be modified to reflect the disallowance of the federal bonus depreciation. Any necessary adjustments to basis due to nonconformity with the bonus depreciation may be made during the lifetime of the property. FISCAL NOTE The General Fund impact for FY 2004 is a reduction of $1.5 million in the revenue stream. There is a General Fund reduction in the revenue stream of $1.8 million for FY 2005 and FY 2006. The General Fund fiscal impact diminishes starting in FY 2007 and this reversal will continue in future years to the point that the net fiscal impact to the state over the life of the asset is zero. Contact Name: Dan John / Ted Spangler Agency: State Tax Commission Phone: 334-7530 STATEMENT OF PURPOSE/FISCAL NOTE H 720