2004 Legislation
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HOUSE BILL NO. 720 – Internal Revenue Code, references

HOUSE BILL NO. 720

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-seventh Legislature                 Second Regular Session - 2004
                                                                        
                                                                        
                              IN 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.  ADJUSTMENT FOR -- 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-
 32    ation 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 Worker
 36    Assistance 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 / Fiscal Impact


                       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