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H0481...............................................by REVENUE AND TAXATION INCOME TAX - Amends existing law to make various changes to the Idaho Income Tax Act; to clarify the exclusion for certain dividends payable to a mutual insurance stock holding company or intermediate holding company; to provide a correct reference to the Internal Revenue Code; to provide changes in retirement age under the Social Security Act; to provide a definition of disabled; to clarify that to qualify for the deduction for certain expenses for household and dependent care, services must be paid by the individual maintaining the household; and to update the income tax withholding rate applicable to lottery winnings. 01/20 House intro - 1st rdg - to printing 01/21 Rpt prt - to Rev/Tax 02/03 Rpt out - rec d/p - to 2nd rdg 02/04 2nd rdg - to 3rd rdg 02/09 3rd rdg - PASSED - 68-0-2 AYES -- Andersen, 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), Gagner, Garrett, Harwood, Henbest, Jaquet, Jones, Kellogg, Kulczyk, Lake, Langford, Langhorst, Martinez, McKague, Meyer, Miller, Mitchell, Moyle, Naccarato, Nielsen, Pasley-Stuart, Raybould, Ridinger, Ring, Ringo, Roberts, Robison, Rydalch, Sali, Sayler, Schaefer, Shepherd, Shirley, Skippen, Smith(30), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- McGeachin, Smith(24) Floor Sponsor - Barrett Title apvd - to Senate 02/10 Senate intro - 1st rdg - to Loc Gov 02/12 Rpt out - rec d/p - to 2nd rdg 02/13 2nd rdg - to 3rd rdg 03/02 3rd rdg - PASSED - 31-0-4 AYES -- Andreason, Bailey, Brandt, Burkett, Burtenshaw, Calabretta, Cameron, Compton(Duncan), Darrington, Davis, Gannon, Geddes, Goedde, Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie, Noble(Anderson), Noh, Pearce, Schroeder, Sorensen, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- Bunderson, McWilliams, Richardson, Stegner Floor Sponsor - McKenzie Title apvd - to House 03/03 To enrol 03/04 Rpt enrol - Sp signed 03/05 Pres signed 03/08 To Governor 03/10 Governor signed Session Law Chapter 30 Effective: 01/01/04
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-seventh Legislature Second Regular Session - 2004IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 481 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO THE IDAHO INCOME TAX ACT; AMENDING SECTION 41-3821, IDAHO CODE, TO 3 CLARIFY THE EXCLUSION FOR CERTAIN DIVIDENDS PAYABLE TO A MUTUAL INSURANCE 4 STOCK HOLDING COMPANY OR INTERMEDIATE HOLDING COMPANY; AMENDING SECTION 5 63-3022, IDAHO CODE, TO PROVIDE A CORRECT REFERENCE TO THE INTERNAL REVE- 6 NUE CODE; AMENDING SECTION 63-3022A, IDAHO CODE, TO PROVIDE CHANGES IN 7 RETIREMENT AGE UNDER THE SOCIAL SECURITY ACT AND TO PROVIDE A DEFINITION 8 OF DISABLED; AMENDING SECTION 63-3022D, IDAHO CODE, TO CLARIFY THAT TO 9 QUALIFY FOR THE DEDUCTION FOR CERTAIN EXPENSES FOR HOUSEHOLD AND DEPENDENT 10 CARE, SERVICES MUST BE PAID BY THE INDIVIDUAL MAINTAINING THE HOUSEHOLD; 11 AMENDING SECTION 63-3022N, IDAHO CODE, TO PROVIDE A CORRECT CITATION; 12 AMENDING SECTION 63-3035A, IDAHO CODE, TO UPDATE THE INCOME TAX WITHHOLD- 13 ING RATE APPLICABLE TO LOTTERY WINNINGS; AND DECLARING AN EMERGENCY AND 14 PROVIDING A RETROACTIVE EFFECTIVE DATE. 15 Be It Enacted by the Legislature of the State of Idaho: 16 SECTION 1. That Section 41-3821, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 41-3821. MUTUAL INSURANCE HOLDING COMPANIES. 19 (1) (a) A domestic mutual insurer, upon approval of the director, may 20 reorganize by forming an insurance holding company system, "the mutual 21 insurance holding company," based upon a mutual plan and continuing the 22 corporate existence of the reorganizing insurer as a stock insurer. The 23 director, after a public hearing as provided in section 41-3805, Idaho 24 Code, if satisfied that the interests of the policyholders are properly 25 protected and that the plan of reorganization is fair and equitable to the 26 policyholders, may approve the proposed plan of reorganization and may 27 require as a condition of approval such modifications of the proposed plan 28 of reorganization as the director finds necessary for the protection of 29 the policyholders' interests. The director may retain consultants as pro- 30 vided in section 41-3805(4), Idaho Code. A reorganization pursuant to this 31 subsection is subject to sections 41-3802 and 41-3803, Idaho Code. The 32 director shall retain jurisdiction over a mutual insurance holding company 33 organized pursuant to this section to assure that policyholder interests 34 are protected. 35 (b) All of the initial shares of the capital stock of the reorganized 36 insurer shall be issued to the mutual insurance holding company. The mem- 37 bership interests of the policyholders of the reorganized insurer shall 38 become membership interests in the mutual insurance holding company. Poli- 39 cyholders of the reorganized insurer shall be members of the mutual insur- 40 ance holding company in accordance with the articles of incorporation and 41 bylaws of the mutual insurance holding company. The mutual insurance hold- 42 ing company shall at all times own a majority of the voting shares of the 43 capital stock of the reorganized insurer. 2 1 (2) (a) A domestic mutual insurer, upon the approval of the director, may 2 reorganize by merging its policyholders' membership interests into a 3 mutual insurance holding company formed pursuant to subsection (1) of this 4 section and continuing the corporate existence of the reorganizing insurer 5 as a stock insurer subsidiary of the mutual insurance holding company. The 6 director, after a public hearing as provided in section 41-3805, Idaho 7 Code, if satisfied that the interests of the policyholders are properly 8 protected and that the merger is fair and equitable to the policyholders, 9 may approve the proposed merger and may require as a condition of approval 10 such modifications of the proposed merger as the director finds necessary 11 for the protection of the policyholders' interests. The director may 12 retain consultants as provided in section 41-3805(4), Idaho Code. A merger 13 pursuant to this subsection is subject to sections 41-3802 and 41-3803, 14 Idaho Code. The director shall retain jurisdiction over the mutual insur- 15 ance holding company organized pursuant to this section to assure that 16 policyholder interests are protected. 17 (b) All of the initial shares of the capital stock of the reorganized 18 insurer shall be issued to the mutual insurance holding company. The mem- 19 bership interests of the policyholders of the reorganized insurance com- 20 pany shall become membership interests in the mutual insurance holding 21 company. Policyholders of the reorganized insurer shall be members of the 22 mutual insurance holding company in accordance with the articles of incor- 23 poration and bylaws of the mutual insurance holding company. The mutual 24 insurance holding company shall at all times own a majority of the voting 25 shares of the capital stock of the reorganized insurer. A merger of poli- 26 cyholders' membership interests in a mutual insurer into a mutual insur- 27 ance holding company shall be deemed to be a merger of insurance companies 28 pursuant to section 41-2857, Idaho Code, and section 41-2857, Idaho Code, 29 is also applicable. 30 (c) A foreign mutual insurer, which if a domestic corporation would be 31 organized under chapter 3, title 41, Idaho Code, may reorganize upon the 32 approval of the director and in compliance with the requirements of any 33 law or rule which is applicable to the foreign mutual insurer by merging 34 its policyholders' membership interests into a mutual insurance holding 35 company formed pursuant to subsection (1) of this section and continuing 36 the corporate existence of the reorganizing foreign mutual insurer as a 37 foreign stock insurer subsidiary of the mutual insurance holding company. 38 The director, after a public hearing as provided in section 41-3805, Idaho 39 Code, may approve the proposed merger. The director may retain consultants 40 as provided in section 41-3805(4), Idaho Code. A merger pursuant to this 41 paragraph is subject to sections 41-3802 and 41-3803, Idaho Code. The 42 reorganizing foreign mutual insurer may remain a foreign company or for- 43 eign corporation after the merger, and may be admitted to do business in 44 this state. A foreign mutual insurer which is a party to the merger may at 45 the same time redomesticate in this state by complying with the applicable 46 requirements of this state and its state of domicile. The provisions of 47 subsection (2)(b) shall apply to a merger authorized under this paragraph. 48 (3) A mutual insurance holding company resulting from the reorganization 49 of a domestic mutual insurer organized under chapter 1, title 30, Idaho Code, 50 shall be incorporated pursuant to chapter 1, title 30, Idaho Code. This 51 requirement shall supersede any conflicting provisions of chapter 1, title 30, 52 Idaho Code. The articles of incorporation and any amendments to such articles 53 of the mutual insurance holding company shall be subject to approval of the 54 director in the same manner as those of an insurance company. 55 (4) A mutual insurance holding company is deemed to be an insurer subject 3 1 to chapter 33, title 41, Idaho Code, and shall automatically be a party to any 2 proceeding under chapter 33, title 41, Idaho Code, involving an insurer which 3 as a result of a reorganization pursuant to subsection (1) or (2) of this sec- 4 tion is a subsidiary of the mutual insurance holding company. In any proceed- 5 ing under chapter 33, title 41, Idaho Code, involving the reorganized 6 insurer, the assets of the mutual insurance holding company are deemed to be 7 assets of the estate of the reorganized insurer for purposes of satisfying the 8 claims of the reorganized insurer's policyholders. A mutual insurance holding 9 company shall not dissolve or liquidate without the approval of the director 10 or as ordered by the district court pursuant to chapter 33, title 41, Idaho 11 Code. 12 (5) (a) Section 41-2855, Idaho Code, is not applicable to a reorganiza- 13 tion or merger pursuant to this section. 14 (b) Section 41-2855, Idaho Code, is applicable to demutualization of a 15 mutual insurance holding company which resulted from the reorganization of 16 a domestic mutual insurer organized under chapter 3, title 41, Idaho Code, 17 as if it were a mutual life insurer. 18 (6) A membership interest in a domestic mutual insurance holding company 19 shall not constitute a security as defined in section 30-1402(12), Idaho Code. 20 (7) The majority of the voting shares of the capital stock of the reorga- 21 nized insurer, which is required by this section to be at all times owned by a 22 mutual insurance holding company, shall not be conveyed, transferred, 23 assigned, pledged, subject to a security interest or lien, encumbered, or 24 otherwise hypothecated or alienated by the mutual insurance holding company or 25 intermediate holding company. Any conveyance, transfer, assignment, pledge, 26 security interest, lien, encumbrance, or hypothecation or alienation of, in or 27 on the majority of the voting shares of the reorganized insurer which is 28 required by this section to be at all times owned by a mutual insurance hold- 29 ing company, is in violation of this section and shall be void in inverse 30 chronological order of the date of such conveyance, transfer, assignment, 31 pledge, security interest, lien, encumbrance, or hypothecation or alienation, 32 as to the shares necessary to constitute a majority of such voting shares. The 33 majority of the voting shares of the capital stock of the reorganized insurer 34 which is required by this section to be at all times owned by a mutual insur- 35 ance holding company shall not be subject to execution and levy as provided in 36 title 11, Idaho Code. The shares of the capital stock of the surviving or new 37 company resulting from a merger or consolidation of two (2) or more reorga- 38 nized insurers or two (2) or more intermediate holding companies which were 39 subsidiaries of the same mutual insurance holding company are subject to the 40 same requirements, restrictions, and limitations as provided in this section 41 to which the shares of the merging or consolidating reorganized insurers or 42 intermediate holding companies were subject by this section prior to the 43 merger or consolidation. 44 As used in this section, "majority of the voting shares of the capital 45 stock of the reorganized insurer" means shares of the capital stock of the 46 reorganized insurer which carry the right to cast a majority of the votes 47 entitled to be cast by all of the outstanding shares of the capital stock of 48 the reorganized insurer for the election of directors and on all other matters 49 submitted to a vote of the shareholders of the reorganized insurer. The owner- 50 ship of a majority of the voting shares of the capital stock of the reorga- 51 nized insurer which are required by this section to be at all times owned by a 52 parent mutual insurance holding company includes indirect ownership through 53 one (1) or more intermediate holding companies in a corporate structure 54 approved by the director. However, indirect ownership through one (1) or more 55 intermediate holding companies shall not result in the mutual insurance hold- 4 1 ing company owning less than the equivalent of a majority of the voting shares 2 of the capital stock of the reorganized insurer. The director shall have 3 jurisdiction over an intermediate holding company as if it were a mutual 4 insurance holding company. 5 As used in this section, "intermediate holding company" means a holding 6 company which is a subsidiary of a mutual insurance holding company, and 7 which either directly or through a subsidiary intermediate holding company has 8 one (1) or more subsidiary reorganized insurers of which a majority of the 9 voting shares of the capital stock would otherwise have been required by this 10 section to be at all times owned by the mutual insurance holding company. 11 (8) It is the intent of the legislature that the formation of a mutual 12 insurance holding company should not increase the Idaho tax burden of the 13 mutual insurance holding company system and that a stock insurance subsidiary 14 shall continue to be subject to Idaho insurance premium taxation in lieu of 15 all other taxes except real property taxes as provided in section 41-405, 16 Idaho Code. Subject to approval by the director as required under Idaho law, a 17 stock insurance subsidiary may issue dividends or distributions to the mutual 18 insurance holding company or any intermediate holding company, and such divi- 19 dends or distributions shall be excluded from the Idaho taxable income of the 20 recipients; provided however, that such exclusion shall not applyto the21extent thatif, in the year preceding the year in which the dividends or dis- 22 tributions were made, the subsidiary insurer's liability for Idaho premium tax 23 was less than the amount of Idaho income tax, computed after allowance for 24 income tax credits, for which the insurer would have been liable in such year 25 had the insurer been subject to Idaho income taxation rather than premium tax- 26 ation. 27 SECTION 2. That Section 63-3022, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 63-3022. ADJUSTMENTS TO TAXABLE INCOME. The additions and subtractions 30 set forth in this section, and in sections 63-3022A through 63-3022Q, Idaho 31 Code, are to be applied to the extent allowed in computing Idaho taxable 32 income: 33 (a) Add any state and local taxes, as defined in section 164 of the 34 Internal Revenue Code and, measured by net income, paid or accrued during the 35 taxable year adjusted for state or local tax refunds used in arriving at tax- 36 able income. 37 (b) Add the net operating loss deduction used in arriving at taxable 38 income. 39 (c) (1) A net operating loss for any taxable year commencing on and after 40 January 1, 2000, shall be a net operating loss carryback not to exceed a 41 total of one hundred thousand dollars ($100,000) to the two (2) immedi- 42 ately preceding taxable years. Any portion of the net operating loss not 43 subtracted in the two (2) preceding years may be subtracted in the next 44 twenty (20) years succeeding the taxable year in which the loss arises in 45 order until exhausted. The sum of the deductions may not exceed the amount 46 of the net operating loss deduction incurred. At the election of the tax- 47 payer, the two (2) year carryback may be foregone and the loss subtracted 48 from income received in taxable years arising in the next twenty (20) 49 years succeeding the taxable year in which the loss arises in order until 50 exhausted. The election shall be made as under section 172(b)(3) of the 51 Internal Revenue Code. An election under this subsection must be in the 52 manner prescribed in the rules of the state tax commission and once made 53 is irrevocable for the year in which it is made. The term "income" as used 5 1 in this subsection (c) means Idaho taxable income as defined in this chap- 2 ter as modified by section 63-3021(b)(2), (3) and (4), Idaho Code. 3 (2) Net operating losses incurred by a corporation during a year in which 4 such corporation did not transact business in Idaho or was not included in 5 a group of corporations combined under subsection (t) of section 63-3027, 6 Idaho Code, may not be subtracted. However, if at least one (1) corpora- 7 tion within a group of corporations combined under subsection (t) of sec- 8 tion 63-3027, Idaho Code, was transacting business in Idaho during the 9 taxable year in which the loss was incurred, then the net operating loss 10 may be subtracted. Net operating losses incurred by a person, other than a 11 corporation, in activities not taxable by Idaho may not be subtracted. 12 (d) In the case of a corporation, add the amount deducted under the pro- 13 visions of sections 243(a) and (c), 244, 245 and 246A of the Internal Revenue 14 Code (relating to dividends received by corporations) as limited by section 15 246(b)(1) of said code. 16 (e) In the case of a corporation, subtract an amount determined under 17 section 78 of the Internal Revenue Code to be taxable as dividends. 18 (f) Subtract the amount of any income received or accrued during the tax- 19 able year which is exempt from taxation by this state, under the provisions of 20 any other law of this state or a law of the United States, if not previously 21 subtracted in arriving at taxable income. 22 (g) For the purpose of determining the Idaho taxable income of the bene- 23 ficiary of a trust or of an estate: 24 (1) Distributable net income as defined for federal tax purposes shall be 25 corrected for the other adjustments required by this section. 26 (2) Net operating losses attributable to a beneficiary of a trust or 27 estate under section 642 of the Internal Revenue Code shall be a deduction 28 for the beneficiary to the extent that income from the trust or estate 29 would be attributable to this state under the provisions of this chapter. 30 (h) In the case of an individual who is on active duty as a full-time 31 officer, enlistee or draftee, with the armed forces of the United States, 32 which full-time duty is or will be continuous and uninterrupted for one hun- 33 dred twenty (120) consecutive days or more, deduct compensation paid by the 34 armed forces of the United States for services performed outside this state. 35 The deduction is allowed only to the extent such income is included in taxable 36 income, and provided that appropriate adjustments shall be made in determining 37 the deductions and exemptions allowed pursuant to section 63-3026A(4), Idaho 38 Code. 39 (i) In the case of a corporation, including any corporation included in a 40 group of corporations combined under subsection (t) of section 63-3027, Idaho 41 Code, add any capital loss deducted which loss was incurred during any year in 42 which such corporation did not transact business in Idaho. However, do not add 43 any capital loss deducted if a corporation, including any corporation in a 44 group of corporations combined under subsection (t) of section 63-3027, Idaho 45 Code, was transacting business in Idaho during the taxable year in which the 46 loss was incurred. In the case of persons, other than corporations, add any 47 capital loss deducted which was incurred in activities not taxable by Idaho at 48 the time such loss was incurred. In computing the income taxable to an S cor- 49 poration or partnership under this section, deduction shall not be allowed for 50 a carryover or carryback of a net operating loss provided for in subsection 51 (c) of this section or a capital loss provided for in section 1212 of the 52 Internal Revenue Code. 53 (j) In the case of an individual, there shall be allowed as a deduction 54 from gross income either (1) or (2) at the option of the taxpayer: 55 (1) The standard deduction as defined in section 63, Internal Revenue 6 1 Code. 2 (2) Itemized deductions as defined in section 63 of the Internal Revenue 3 Code except state or local taxes measured by net income and as defined in 4 section 164 of the Internal Revenue Code. 5 (k) Add the taxable amount of any lump sum distribution excluded from 6 gross income for federal income tax purposes under the ten (10) year averaging 7 method. The taxable amount will include the ordinary income portion and the 8 amount eligible for the capital gain election. 9 (l) Deduct any amounts included in gross income under the provisions of 10 section 86 of the Internal Revenue Code relating to certain social security 11 and railroad benefits. 12 (m) In the case of a self-employed individual, deduct the actual cost of 13 premiums paid to secure worker's compensation insurance for coverage in Idaho, 14 if such cost has not been deducted in arriving at taxable income. 15 (n) In the case of an individual, deduct the amount contributed to a col- 16 lege savings program pursuant to chapter 54, title 33, Idaho Code, but not 17 more than four thousand dollars ($4,000) per tax year. If the contribution is 18 made on or before April 15, 2001, it may be deducted for tax year 2000 and an 19 individual can make another contribution and claim the deduction according to 20 the limits provided in this subsection during 2001 for tax year 2001, as long 21 as the contribution is made on or before December 31, 2001. 22 (o) In the case of an individual, add the amount of a nonqualified with- 23 drawal from an individual trust account or savings account established pursu- 24 ant to chapter 54, title 33, Idaho Code, less any amount of such nonqualified 25 withdrawal included in the individual's federal gross income pursuant to2626U.S.C.section 529 of the Internal Revenue Code. 27 SECTION 3. That Section 63-3022A, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 63-3022A. DEDUCTION OF CERTAIN RETIREMENT BENEFITS. (a) An amount speci- 30 fied by subsection (b) of this section of the following retirement benefits 31 may be deducted by an individual from taxable income if such individual has 32 either attained age sixty-five (65) years, or has attained age sixty-two (62) 33 years and is classified as disabled: 34 (1) Retirement annuities paid by the United States of America to a 35 retired civil service employee or the unremarried widow of a retired civil 36 service employee. 37 (2) Retirement benefits paid from the firemen's retirement fund of the 38 state of Idaho to a retired fireman or the unremarried widow of a retired 39 fireman. 40 (3) Retirement benefits paid from the policemen's retirement fund of a 41 city within this state to a retired policeman or the unremarried widow of 42 a retired policeman. 43 (4) Retirement benefits paid by the United States of America to a retired 44 member of the military services of the United States or the unremarried 45 widow of such member. 46 (b) The amount of retirement benefits that may be deducted from taxable 47 income shall be an amount not in excess of maximum retirement benefits under 48 the social security act, as amended, on the date on which this act is passed 49 and approved, including adjustments to be made based upon consumer price index 50 adjustments provided in section 215 of the social security act. The state tax 51 commission shall ascertain benefit changes made in accordance with the social 52 security act and publish the appropriate deduction amounts provided by this 53 section reflecting such changes annually. Maximum retirement benefits under 7 1 the social security act shall mean: 2 (1) In the case of a taxpayer who files a joint return with his spouse 3 for the tax year, an amount equal to the maximum social security benefits 4 payable for the tax year to amanperson attaining full retirement age 5sixty-five (65) yearsin the tax year who has earned the maximum earnings 6 creditable under social security for the years used in the computation of 7 his benefits, and whose spouse has no social security benefits except 8 those payable on his record of earnings. 9 (2) In the case of a taxpayer who is not married, an amount equal to max- 10 imum social security benefits payable for the tax year to a person attain- 11 ing full retirement agesixty-five (65) yearsin the tax year who has 12 earned the maximum earnings creditable under social security for the years 13 used in the computation of his benefits. 14 (3) In the case of an unremarried widow, an amount equal to the maximum 15 social security benefits payable for the tax year to a widow attaining 16 full retirement agesixty-five (65) yearsin the tax year who has no 17 social security benefits except those to which she is entitled on her 18 deceased husband's record and whose husband had received no reduced 19 retirement benefits prior to his death and whose husband had earned the 20 maximum earnings creditable under social security for the years used in 21 the computation of his benefits under social security. 22 (4) Maximum retirement benefits shall, in every case, take into consider- 23 ation and be adjusted to reflect adjustments that would be made to such 24 amounts had they been received as social security benefits as the result 25 of the receipt of earnings in excess of earnings limitations. The terms in 26 this paragraph are those defined in the social security act. 27 (5) Taxpayers not described in paragraphs (1), (2), (3) and (4) of this 28 subsection may not deduct any amount of retirement benefits under this 29 section. 30 (c) The total deduction under this section may not exceed the total 31 amount of retirement benefits or annuities which are described in subsection 32 (a) of this section and which are included in the taxpayer's gross income in 33 the tax year. If the taxpayer or the taxpayer's spouse receives retirement 34 benefits under the federal railroad retirement act or the federal social secu- 35 rity act in the tax year, then the amount of any retirement annuities computed 36 under subsection (b) of this section shall be reduced by the amount of such 37 federal railroad retirement act and federal social security act retirement 38 benefits received by either the taxpayer or the taxpayer's spouse, and the 39 lesser of the amount so computed or the total amount of retirement benefits or 40 annuities which are described in subsection (a) of this section and which are 41 included in the taxpayer's gross income shall constitute the allowable deduc- 42 tion. Furthermore, the allowable deduction as calculated under this section 43 may be subject to additional limitations under section 63-3026A(6), Idaho 44 Code, and the rules promulgated thereunder. 45 (d) As used in this section, the word "widow" shall include a widower. 46 (e) As used in this section, the word "disabled" shall mean an individual 47 who is a disabled person described in section 63-701, Idaho Code. 48 SECTION 4. That Section 63-3022D, Idaho Code, be, and the same is hereby 49 amended to read as follows: 50 63-3022D. DEDUCTION OF EXPENSES FOR HOUSEHOLD AND DEPENDENT CARE SER- 51 VICES. Allowance of Deduction. In the case of an individual who maintains a 52 household which includes as a member one (1) or more qualifying individuals 53 (as defined in section 21(b)(1), Internal Revenue Code), there shall be 8 1 allowed as a deduction the employment-related expenses (as defined in section 2 21(b)(2), Internal Revenue Code, and as further specified and limited by sec- 3 tion 21(c), (d), and (e), Internal Revenue Code) paid by such individual dur- 4 ing the taxable year. 5 SECTION 5. That Section 63-3022N, Idaho Code, be, and the same is hereby 6 amended to read as follows: 7 63-3022N. MARRIAGE PENALTY ADJUSTMENT. (1) To eliminate from the calcula- 8 tion of Idaho taxable income any marriage penalty that may exist in the basic 9 standard deductions provided in the Internal Revenue Code, basic federal stan- 10 dard deductions shall be adjusted as provided in this section. 11 (2) As used in this section, "the marriage penalty" means the difference 12 obtained by subtracting: 13 (a) The basic standard deduction for joint returns, from 14 (b) Two (2) times the basic standard deduction for an individual who is 15 not married and who is not a surviving spouse or head of household. 16 (3) For each taxable year beginning on and after January 1, 2000, the 17 standard deduction in section 63-3022(kj)(1), Idaho Code, shall be: on a joint 18 return, the basic federal joint standard deduction plus the marriage penalty, 19 rounded to the nearest dollar, plus the amount of any additional standard 20 deduction for the aged or blind for which a taxpayer may qualify under section 21 63 of the Internal Revenue Code. 22 (4) The basic federal standard deduction for an individual for whom a 23 deduction under section 151 of the Internal Revenue Code is allowable to 24 another taxpayer shall not be reduced below the minimum adjusted basic stan- 25 dard deduction provided by section 63 of the Internal Revenue Code. 26 SECTION 6. That Section 63-3035A, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 63-3035A. STATE INCOME TAX WITHHOLDING TAX ON LOTTERY WINNINGS. (1) When- 29 ever the Idaho state lottery is required by the Internal Revenue Code to with- 30 hold, collect and pay over income tax on any prize, proceeds or winnings it 31 shall, at the time of payment of such prize, proceeds or winnings to the 32 recipient, withhold from the payment an amount equal toeight and two-tenths33percent (8.2%)the maximum percentage applicable to individuals under section 34 63-3024, Idaho Code, of the prize, proceeds or winnings to be applied to Idaho 35 income taxes due from the recipient. 36 (2) The state tax commission shall accept amounts withheld according to 37 this section as payment by the recipient of the amount so withheld of income 38 taxes imposed on the recipient for the taxable year in which the prize, pro- 39 ceeds or winnings are includable in the recipient's Idaho taxable income. 40 (3) When the total amount withheld (along with other credits due, with- 41 holding or payments attributable to the taxpayer) exceeds the taxes due from 42 the recipient, the state tax commission shall, after examining the state 43 income tax return filed by the recipient, refund the amount of the excess 44 withheld in the manner provided for refunds of withholding under section 45 63-3035, Idaho Code. 46 (4) The Idaho state lottery shall remit the amounts withheld to the state 47 tax commission on or before the date similar payments and reports are due to 48 the internal revenue service. 49 (5) The Idaho state lottery shall furnish to the recipient, not later 50 than thirty (30) days after the end of the calendar year, a record of the tax 51 withheld during that year and shall, not later than the last day of the fol- 9 1 lowing February, file a copy of the record with the state tax commission. 2 (6) The Idaho state lottery and the state tax commission may agree to 3 different times and procedures for making the remittances or reports required 4 in this section. 5 (7) Nothing in this section relieves any taxpayer from an obligation to 6 file a return or pay taxes at the time and in the manner required by this 7 chapter. 8 SECTION 7. An emergency existing therefor, which emergency is hereby 9 declared to exist, this act shall be in full force and effect on and after its 10 passage and approval, and retroactively to January 1, 2004.
STATEMENT OF PURPOSE R.S. 13472C1 This bill makes some needed updates and technical changes to the Idaho Income Tax Act. Section 1 clarifies the limitation on the exclusion for certain dividends payable to a mutual insurance stock holding company or intermediate holding company. The exclusion is not available if the prior year's insurance premium taxes were less than the amount of income tax the subsidiary would have paid. The amendment clarifies that the amount of income tax is determined after allowance for credits. Section 2 corrects a cross-reference to the Internal Revenue Code. Section 3 reflects changes to the federal Social Security Act increasing the full retirement age and adds a definition of "disabled." Section 4 clarifies that the deduction for certain expenses for household and dependent care services must be paid by the individual maintaining the household, thus conforming to the Internal Revenue Code. Section 5 corrects a cross-reference. Section 6 requires that the Lottery Commission withhold Idaho income tax on prizes in excess of the maximum current income tax rate (currently 7.8%) rather than at 8.2%. The bill is effective January 1, 2004. FISCAL NOTE No fiscal effect. Contact Name: Dan John / Ted Spangler Agency: State Tax Commission Phone: 334-7530 STATEMENT OF PURPOSE/FISCAL NOTE H 481