2005 Legislation
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HOUSE BILL NO. 65 – Sales tax, reduced, services

HOUSE BILL NO. 65

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H0065..............................................................by TRAIL
SALES TAX - SERVICES  - Adds to, amends and repeals existing law to impose
a sales tax on certain services and on the sale of lottery tickets; to
reduce the sales and use tax rate to four percent; and to repeal certain
sales tax exemptions.
                                                                        
01/28    House intro - 1st rdg - to printing
01/31    Rpt prt - to Rev/Tax

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   First Regular Session - 2005
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 65
                                                                        
                                          BY TRAIL
                                                                        
  1                                        AN ACT
  2    RELATING TO SALES AND USE TAXATION POLICIES AND ECONOMIC RECOVERY; PROVIDING A
  3        SHORT TITLE; PROVIDING A STATEMENT OF LEGISLATIVE INTENT;   AMENDING  SEC-
  4        TION  63-3608,  IDAHO  CODE, TO INCLUDE SERVICES OR BENEFITS OF SERVICE IN
  5        THE DEFINITION OF "PURCHASE"; AMENDING SECTION  63-3609,  IDAHO  CODE,  TO
  6        DEFINE  A  SERVICE  PURCHASED  FOR RESALE; AMENDING SECTION 63-3610, IDAHO
  7        CODE, TO INCLUDE A SELLER OF SERVICES IN  THE  DEFINITION  OF  "RETAILER";
  8        AMENDING SECTION 63-3612, IDAHO CODE, TO PROVIDE THAT THE DELIVERY OR PER-
  9        FORMANCE OF ANY SERVICE IN THIS STATE FOR A CONSIDERATION IS A SALE AND TO
 10        PROVIDE  THAT  THE SALE OF LOTTERY TICKETS AND PARI-MUTUEL BETTING TICKETS
 11        IS A SALE; AMENDING SECTION 63-3613, IDAHO CODE, TO  INCLUDE  SERVICES  IN
 12        THE DEFINITION OF "SALES PRICE," TO DELETE THE EXCLUSION OF TRADE-IN VALUE
 13        INCLUDING  REFERENCES  TO  MANUFACTURED  HOMES  AND  MODULAR BUILDINGS, TO
 14        DELETE DELIVERY CHARGES AND CERTAIN OUTFITTER FEES FROM THE DEFINITION  OF
 15        "SALES  PRICE," TO DELETE PROVISIONS RELATING TO TELECOMMUNICATIONS EQUIP-
 16        MENT AND TO DELETE PROVISIONS RELATING TO VENDING MACHINES; AMENDING CHAP-
 17        TER 36, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW  SECTION  63-3614A,
 18        IDAHO  CODE,  TO  PROVIDE  A  DEFINITION  OF  "SERVICES"; AMENDING SECTION
 19        63-3615, IDAHO CODE, TO PROVIDE THAT AS APPLIED TO SERVICES,  "USE"  MEANS
 20        THE  PURCHASE OF OR THE RECEIPT OF THE BENEFIT OR ENJOYMENT OF SERVICES IN
 21        THIS STATE; AMENDING SECTION 63-3619, IDAHO CODE, AS ADDED BY  SECTION  7,
 22        CHAPTER  318, LAWS OF 2003, TO REDUCE THE SALES TAX RATE FROM FIVE PERCENT
 23        TO FOUR PERCENT AND TO ADD REFERENCE TO SALES OF SERVICES;  AMENDING  SEC-
 24        TION  63-3621,  IDAHO  CODE,  AS  ADDED BY SECTION 8, CHAPTER 318, LAWS OF
 25        2003, TO REDUCE THE USE TAX RATE FROM FIVE PERCENT TO FOUR PERCENT, TO ADD
 26        REFERENCE TO THE RECEIPT OR USE OF SERVICES AND TO DELETE LANGUAGE REGARD-
 27        ING THE USE TAX EXEMPTION ON CERTAIN  WIRELESS  TELECOMMUNICATIONS  EQUIP-
 28        MENT;   AMENDING SECTION 63-3622K, IDAHO CODE, TO DELETE THE DEFINITION OF
 29        "OCCASIONAL SALE" WHEN APPLIED TO THE SALE OF A MOTOR  VEHICLE;  REPEALING
 30        SECTION  63-3622Y, IDAHO CODE, AS ADDED BY SECTION 1, CHAPTER 435, LAWS OF
 31        1990, AND  SECTIONS  63-3622F,  63-3622G,  63-3622S,  63-3622V,  63-3622Y,
 32        63-3622BB,  63-3622CC,  63-3622DD AND 63-3622GG, IDAHO CODE; AMENDING SEC-
 33        TION 67-7439, IDAHO CODE, TO DELETE THE RESTRICTION ON TAXATION OF LOTTERY
 34        TICKETS; AMENDING SECTION 63-3622D, IDAHO CODE, TO DELETE CODE REFERENCES;
 35        AMENDING SECTION 63-3622JJ, IDAHO CODE, TO DELETE REFERENCE TO A SALES TAX
 36        EXEMPTION FOR HEATING MATERIALS; AMENDING SECTION 63-3623, IDAHO CODE,  TO
 37        DELETE  REFERENCE  TO  A  SALES  TAX  EXEMPTION  FOR SALES THROUGH VENDING
 38        MACHINES; AMENDING SECTION 63-3640, IDAHO CODE, TO PROVIDE A CORRECT  CODE
 39        REFERENCE; AND PROVIDING SEVERABILITY.
                                                                        
 40    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 41        SECTION  1.  This  act  shall be known as the "Idaho Economic Recovery and
 42    Tax Reform Act of 2005."
                                                                        
 43        SECTION 2.  The Legislature hereby declares that:
                                                                        
                                           2
                                                                        
  1        (1)  The economic and personal health and welfare of  the  people  of  the
  2    state  of  Idaho  is dependent upon the provision by the state of funding, and
  3    the means of funding, of a sound infrastructure at both the  state  and  local
  4    levels; and
  5        (2)  There  has  developed  an  erosion  of the tax base which can best be
  6    reversed by: (a) a modernization of the sales tax  to  reflect  Idaho's  shift
  7    since  1965  to a service-based economy, and (b) making the tax structure more
  8    economically fair and fiscally sound by broadening it by repealing certain tax
  9    exemptions; and
 10        (3)  Absent reform of the tax structure, the state of Idaho  faces  severe
 11    budget deficits for the foreseeable future; and
 12        (4)  Proper  and adequate funding of state government serves as a stimulus
 13    to the economy through the creation and maintenance of jobs, demand for  goods
 14    and  services,  and enhancement of the quality of education and other institu-
 15    tions that foster business and commerce.
                                                                        
 16        SECTION 3.  That Section 63-3608, Idaho Code, be, and the same  is  hereby
 17    amended to read as follows:
                                                                        
 18        63-3608.  PURCHASE. The term "purchase" means:
 19        (1)  Aany transfer, rental, exchange, or barter, conditional or otherwise,
 20    in  any manner or by any means whatsoever, of tangible personal property for a
 21    consideration. A transaction whereby the possession of property is transferred
 22    but the seller retailer retains the title as security for the payment  of  the
 23    price  is  a purchase. A transfer for a consideration of any publication or of
 24    tangible personal property which has been produced, fabricated, or printed  to
 25    the special order of the customer is also a purchase.
 26        (2)  Any  transaction  whereby  a  service  or  benefits  of a service are
 27    obtained for a consideration.
                                                                        
 28        SECTION 4.  That Section 63-3609, Idaho Code, be, and the same  is  hereby
 29    amended to read as follows:
                                                                        
 30        63-3609.  RETAIL  SALE  --  SALE AT RETAIL. (1) The terms "retail sale" or
 31    "sale at retail" means a sale for any purpose other than resale in the regular
 32    course of business or lease or rental of property in  the  regular  course  of
 33    business where such rental or lease is taxable under section 63-3612(h), Idaho
 34    Code. The term "retail sale" or "sale at retail" also includes:
 35        (a)  Sales  by all persons engaged in constructing, altering, repairing or
 36        improving real property,  of labor or other construction services  includ-
 37        ing  services  purchased by the seller for resale as defined in subsection
 38        (3) of this section;
 39        (b)  Sales of tangible personal property  and  of  materials  incorporated
 40        into  real  property  by  aAll  persons engaged in constructing, altering,
 41        repairing or improving the real estate, are consumers of the material used
 42        by them; all property;
 43        (c)  Ssales to or use by such persons engaged in  constructing,  altering,
 44        repairing  or  improving  real property of tangible personal property  are
 45        taxable whether or not such persons or materials  incorporated  into  real
 46        property  when  the purchaser does not intend resale of the improved prop-
 47        erty.
 48        (b2)  For the purpose of this chapter, the sale or  purchase  of  personal
 49    property  incidental  to  the  sale  of  real property or used mobile homes is
 50    deemed a sale of real property.
 51        (3)  A service is purchased for resale only when:
                                                                        
                                           3
                                                                        
  1        (a)  The service is to repair, maintain or  otherwise  care  for  tangible
  2        personal  property held solely for resale in the regular course of a busi-
  3        ness operated by the purchaser; or
  4        (b)  The service is purchased for the benefit of one (1) or more  specific
  5        clients  or customers of the purchaser of the service, identifiable at the
  6        time of the purchase of the service, to whom the  purchase  price  of  the
  7        service will be passed.
                                                                        
  8        SECTION  5.  That  Section 63-3610, Idaho Code, be, and the same is hereby
  9    amended to read as follows:
                                                                        
 10        63-3610.  RETAILER. The term "retailer" includes:
 11        (a)  Every seller who makes any retail sale or sales of tangible  personal
 12    property or services and every person engaged in the business of making retail
 13    sales at auction of tangible personal property or services owned by the person
 14    or others.
 15        (b)  Every  person  engaged  in  the business of making sales for storage,
 16    use, or other consumption or in the business of making  sales  at  auction  of
 17    tangible personal property or services owned by the person or others for stor-
 18    age, use, or other consumption.
 19        (c)  Every  person  making more than two (2) retail sales of tangible per-
 20    sonal property or services during any  twelve  (12)  month  period,  including
 21    sales  made  in  the  capacity  of  assignee  for the benefit of creditors, or
 22    receiver or trustee in bankruptcy, or every  person  making  fewer  sales  who
 23    holds  himself  out  as engaging in the business of selling such tangible per-
 24    sonal property or services at retail or who sells a motor vehicle.
 25        (d)  When the state tax commission determines that it is necessary for the
 26    efficient administration of this act to regard any salesmen,  representatives,
 27    peddlers,  or  canvassers as agents of the dealers, distributors, supervisors,
 28    or employers under whom they operate or from whom  they  obtain  the  tangible
 29    personal  property  or services sold by them, irrespective of whether they are
 30    making sales on their own behalf or on behalf of such  dealers,  distributors,
 31    supervisors, or employers, the state tax commission may so regard them and may
 32    regard  the  dealers, distributors, supervisors, or employers as retailers for
 33    the purpose of this act.
 34        (e)  Persons conducting both contracting and  retailing  activities.  Such
 35    persons  must  keep separate accounts for the retail portion of their business
 36    and pay tax in the usual fashion on this portion.
                                                                        
 37        SECTION 6.  That Section 63-3612, Idaho Code, be, and the same  is  hereby
 38    amended to read as follows:
                                                                        
 39        63-3612.  SALE. (1) The term "sale" means:
 40        (a)  Aany transfer of title, exchange or barter, conditional or otherwise,
 41        of tangible personal property for a consideration; and
 42        (b)  The  delivery  or performance of any service in this state for a con-
 43        sideration.
 44    "Sale" shall include any similar transfer of possession found by the state tax
 45    commission to be in lieu of, or equivalent to, a transfer of  title,  exchange
 46    or barter.
 47        (2)  "Sale" shall also include the following transactions when a consider-
 48    ation is transferred, exchanged or bartered:
 49        (a)  Producing, fabricating, processing, printing, or imprinting of tangi-
 50        ble  personal property for consumers who furnish, either directly or indi-
 51        rectly, the tangible personal property used in the producing, fabricating,
                                                                        
                                           4
                                                                        
  1        processing, printing, or imprinting.
  2        (b)  Furnishing,  preparing,  or  serving  food,  meals,  or  drinks   and
  3        nondepreciable  goods and services directly consumed by customers included
  4        in the charge thereof.
  5        (c)  A transfer of possession of property where  the  seller  retains  the
  6        title as security for the payment of the sales price.
  7        (d)  A  transfer  of the title or possession of tangible personal property
  8        which  has been produced, fabricated, or printed to the special  order  of
  9        the customer, or of any publication.
 10        (e)  Admission to a place or for an event in Idaho, provided that an orga-
 11        nization  conducting  an  exempt  function  as  defined  in section 527 or
 12        exempted by section 501(c)(3) of the Internal Revenue  Code,  as  incorpo-
 13        rated  in  section  63-3004,  Idaho  Code,  and collecting any charges for
 14        attendance at the aforementioned event, shall  not  have  those  admission
 15        charges be defined as a sale if the event:
 16             (i)   Is not predominately recreational or commercial; and
 17             (ii)  Any  included  entertainment  value is minimal when compared to
 18             the charge for attendance; and
 19             (iii) Such entity has paid sales and use tax on taxable  property  or
 20             services used during the event.
 21        (f)  The  use  of  or the privilege of using tangible personal property or
 22        facilities for recreation.
 23        (g)  Providing hotel, motel, campground, or trailer court  accommodations,
 24        nondepreciable goods directly consumed by customers and included services,
 25        except  where  residence  is  maintained continuously under the terms of a
 26        lease or similar agreement for a period in excess of thirty (30) days.
 27        (h)  The lease or rental of tangible personal property.
 28        (i)  The intrastate transportation for hire by air of freight  or  passen-
 29        gers,  except  (1)  as part of a regularly scheduled flight by a certified
 30        air carrier, under authority of the United States, or (2)  when  providing
 31        air ambulance services.
 32        (j)  The sale of lottery tickets and pari-mutuel betting tickets.
 33        (3)  As  used  in  subsections  (2)(b)  and  (2)(g) of this section, goods
 34    "directly consumed by customers" shall not be interpreted to mean any  linens,
 35    bedding, cloth napkins or similar nondisposable property.
                                                                        
 36        SECTION  7.  That  Section 63-3613, Idaho Code, be, and the same is hereby
 37    amended to read as follows:
                                                                        
 38        63-3613.  SALES PRICE. (a) The term "sales price" means the  total  amount
 39    for which tangible personal property, including or services agreed to  be ren-
 40    dered  as  a part of the sale, is are sold, rented or leased, valued in money,
 41    whether paid in money or otherwise, without any deduction on account of any of
 42    the following:
 43        1.  The cost of the property or services sold. However, in accordance with
 44        such rules as the state tax commission may prescribe, a deduction  may  be
 45        taken  if  the retailer has purchased property for some purpose other than
 46        resale or rental, has reimbursed his vendor for tax which  the  vendor  is
 47        required  to  pay to the state or has paid the use tax with respect to the
 48        property, and has resold or rented the property prior to making any use of
 49        the property other than retention, demonstration or display while  holding
 50        it  for  sale  in  the  regular course of business. If such a deduction is
 51        taken by the retailer, no refund or credit will be allowed to  his  vendor
 52        with respect to the sale of the property.
 53        2.  The  cost  of  materials  used,  labor or service cost, losses, or any
                                                                        
                                           5
                                                                        
  1        other expense.
  2        3.  The cost of transportation of the property prior to its sale.
  3        4.  The face value of manufacturer's discount  coupons.  A  manufacturer's
  4        discount  coupon  is a price reduction coupon presented by a consumer to a
  5        retailer upon purchase  of a manufacturer's product,  the  face  value  of
  6        which may only be reimbursed by the manufacturer to the retailer.
  7        (b)  The term "sales price" does not include any of the following:
  8        1.  Retailer  discounts allowed and taken on sales, but only to the extent
  9        that such retailer discounts represent price  adjustments  as  opposed  to
 10        cash discounts offered only as an inducement for prompt payment.
 11        2.  Any  sums allowed on merchandise accepted in payment of other merchan-
 12        dise, provided that this allowance shall not apply to the sale of  a  "new
 13        manufactured home" or a "modular building" as defined herein.
 14        3.  The  amount charged for property returned by customers when the amount
 15        charged therefor is refunded either in cash or credit; but this  exclusion
 16        shall  not apply in any instance when the customer, in order to obtain the
 17        refund, is required to purchase other property at a price greater than the
 18        amount charged for the property that is returned.
 19        43.  The amount charged for labor or services rendered  in  installing  or
 20        applying the property sold, provided that said amount is stated separately
 21        and  such separate statement is not used as a means of avoiding imposition
 22        of this tax upon the actual sales price of the tangible personal property;
 23        except that charges by a manufactured homes dealer for set up of  a  manu-
 24        factured  home shall be included in the "sales price" of such manufactured
 25        home.
 26        54.  The amount of any tax (not including, however, any manufacturers'  or
 27        importers'  excise  tax) imposed by the United States upon or with respect
 28        to retail sales whether imposed upon the retailer or the consumer.
 29        65.  The amount charged for finance  charges,  carrying  charges,  service
 30        charges,  time-price  differential, or interest on deferred payment sales,
 31        provided such charges are not used as a means of  avoiding  imposition  of
 32        this tax upon the actual sales price of the tangible personal property.
 33        7.  Delivery  and handling charges for transportation of tangible personal
 34        property to the consumer, provided that the transportation is stated sepa-
 35        rately and the separate statement is not used as a means of avoiding impo-
 36        sition of the tax upon the actual sales price  of  the  tangible  personal
 37        property; except that charges by a manufactured homes dealer for transpor-
 38        tation  of  a  manufactured home shall be included in the "sales price" of
 39        such manufactured home.
 40        86.  Manufacturers' rebates when used at the time of a retail  sale  as  a
 41        down  payment on or reduction to the retail sales price of a motor vehicle
 42        to which the rebate applies. A manufacturer's rebate  is  a  cash  payment
 43        made  by  a  manufacturer to a consumer who has purchased or is purchasing
 44        the manufacturer's product from the retailer.
 45        9.  The amount of any fee imposed upon an outfitter as defined in  section
 46        36-2102,  Idaho Code, by a governmental entity pursuant to statute for the
 47        purpose of conducting outfitting activities on land or  water  subject  to
 48        the  jurisdiction  of  the  governmental  entity, provided that the fee is
 49        stated separately and is presented as a use fee paid by the outfitted pub-
 50        lic to be passed through to the governmental entity.
 51        10.  The amount of any discount or other price reduction on telecommunica-
 52        tions equipment when offered as an inducement to the consumer to  commence
 53        or continue telecommunications service, or the amount of any commission or
 54        other  indirect  compensation received by a retailer or seller as a result
 55        of the consumer commencing or continuing telecommunications service.
                                                                        
                                           6
                                                                        
  1        (c)  The sales price of a "new manufactured home" or a "modular  building"
  2    as defined in this act shall be limited to and include only fifty-five percent
  3    (55%) of the sales price as otherwise defined herein.
  4        (d)  Taxes  previously paid on amounts represented by accounts found to be
  5    worthless may be credited upon a subsequent payment of  the  tax  provided  in
  6    this  chapter or, if no such tax is due, refunded. If such accounts are there-
  7    after collected, a tax shall be paid upon the amount so collected.
  8        (e)  Tangible personal property when sold at retail for more  than  eleven
  9    cents  ($.11)  but less than one dollar and one cent ($1.01) through a vending
 10    machine shall be deemed to have sold at a sales price  equal  to  one  hundred
 11    seventeen percent (117%) of the price which is paid for such tangible personal
 12    property and/or its component parts including packaging by the owner or opera-
 13    tor of the vending machines.
                                                                        
 14        SECTION  8.  That  Chapter  36,  Title 63, Idaho Code, be, and the same is
 15    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 16    ignated as Section 63-3614A, Idaho Code, and to read as follows:
                                                                        
 17        63-3614A.  SERVICES. (1)  The term "services" includes transportation ser-
 18    vices,  professional services, business services, personal services and health
 19    services.
 20        (a)  As used in this section, the  term  "SIC  Code"  means  the  standard
 21        industrial classification code established by the office of management and
 22        budget in the standard industrial classification manual of 1987.
 23        (b)  Transportation  services  means  those  services included in SIC code
 24        major group 47.
 25        (c)  Professional services means those services included in SIC code major
 26        groups 81 and 87.
 27        (d)  Business services means those services included  in  SIC  code  major
 28        group 73.
 29        (e)  Personal  services  means  those  services included in SIC code major
 30        group 72.
 31        (f)  Health services means those services included in SIC code major group
 32        80.
 33        (2)  A service is in this state when the benefit or enjoyment of the  ser-
 34    vice is in this state. Services in this state include:
 35        (a)  Services relating to real property located in this state.
 36        (b)  Services relating to tangible personal property when:
 37             (i)   The tangible personal property is delivered in this state; or
 38             (ii)  The  tangible personal property is located in this state at the
 39             time the service is performed.
 40        (c)  Services not relating to real property or tangible personal  property
 41        that  are  performed for an individual in this state or for a business, or
 42        an identifiable segment of a business, operating solely in this state.
 43        (d)  In the case of a service used both within and outside this state, the
 44        portion of services used outside of this state shall not be subject to tax
 45        under this chapter. To the extent that a purchaser's use of a service can-
 46        not be assigned to a use by an individual in this state or to  a  business
 47        or an identifiable segment of a business operating in this state, then the
 48        purchaser  shall  allocate or apportion the service based on rules promul-
 49        gated by the state tax commission. In the absence of rules, the  purchaser
 50        may  use any reasonable  method of allocation or apportionment that can be
 51        substantiated by the purchaser's books and records  and  other  facts  and
 52        circumstances.
                                                                        
                                           7
                                                                        
  1        SECTION  9.  That  Section 63-3615, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        63-3615.  STORAGE -- USE. (a) The term "storage" includes any  keeping  or
  4    retention  in  this state for any purpose except sale in the regular course of
  5    business or subsequent use solely outside  this  state  of  tangible  personal
  6    property purchased from a retailer.
  7        (b)  The  term "use" includes the exercise of any right or power over tan-
  8    gible personal property incident to the ownership or the leasing of that prop-
  9    erty or the exercise of any right or power over tangible personal property  by
 10    any person in the performance of a contract, or to fulfill contract or subcon-
 11    tract obligations, whether the title of such property be in the subcontractor,
 12    contractor,  contractee,  subcontractee,  or  any other person, or whether the
 13    titleholder of such property would be subject to the sales or use tax,  unless
 14    such property would be exempt to the titleholder under section 63-3622D, Idaho
 15    Code, except that the term "use" does not include the sale of that property in
 16    the regular course of business.
 17        (c)  As applied to services, "use" means the purchase of or the receipt of
 18    the benefit or enjoyment of services in this state.
 19        (d)  "Storage"  and  "use" do not include the keeping, retaining, or exer-
 20    cising of any right or power over tangible personal property for  the  purpose
 21    of  subsequently  transporting  it outside the state for use thereafter solely
 22    outside the state, or for the purpose of being processed, fabricated, or manu-
 23    factured into, attached to, or incorporated into other tangible personal prop-
 24    erty to be transported outside the state, and thereafter used  solely  outside
 25    the state.
                                                                        
 26        SECTION  10.  That  Section  63-3619,  Idaho  Code, as added by Section 7,
 27    Chapter 318, Laws of 2003, be, and the same is hereby amended to read as  fol-
 28    lows:
                                                                        
 29        63-3619.  IMPOSITION  AND  RATE  OF THE SALES TAX. An excise tax is hereby
 30    imposed upon each sale at retail at the rate of five four percent (54%) of the
 31    sales price of all retail sales and services subject to  taxation  under  this
 32    chapter  and  such  amount  shall  be  computed monthly on all sales at retail
 33    within the preceding month.
 34        (a)  The tax shall apply to, be computed on, and collected for all credit,
 35    installment, conditional or similar sales at the time of the sale or,  in  the
 36    case of rentals, at the time the rental is charged.
 37        (b)  The  tax  hereby  imposed shall be collected by the retailer from the
 38    consumer.
 39        (c)  The state tax commission shall provide schedules  for  collection  of
 40    the tax on sales which involve a fraction of a dollar. The retailer shall cal-
 41    culate the tax upon the entire amount of the purchases of the consumer made at
 42    a  particular  time  and not separately upon each item purchased. The retailer
 43    may retain any amount collected under the bracket system prescribed  which  is
 44    in  excess of the amount of tax for which he is liable to the state during the
 45    period as compensation for the work of collecting the tax.
 46        (d)  It is unlawful for any retailer to advertise or hold out or state  to
 47    the  public  or  to  any customer, directly or indirectly, that the tax or any
 48    part thereof will be assumed or absorbed by the retailer or that it  will  not
 49    be added to the selling price of the property  sold or that if added it or any
 50    part thereof will be refunded. Any person violating any provision of this sec-
 51    tion is guilty of a misdemeanor.
 52        (e)  The  tax  commission may by rule provide that the amount collected by
                                                                        
                                           8
                                                                        
  1    the retailer from the customer in reimbursement of the tax be displayed  sepa-
  2    rately  from  the list price, the price advertised on the premises, the marked
  3    price, or other price on the sales slip or other proof of sale.
  4        (f)  The taxes imposed by this chapter shall apply to the  sales  to  con-
  5    tractors  purchasing  for  use in the performance of contracts with the United
  6    States.
                                                                        
  7        SECTION 11.  That Section 63-3621, Idaho Code,  as  added  by  Section  8,
  8    Chapter  318, Laws of 2003, be, and the same is hereby amended to read as fol-
  9    lows:
                                                                        
 10        63-3621.  IMPOSITION AND RATE OF THE USE TAX -- EXEMPTIONS. An excise  tax
 11    is  hereby  imposed on the storage, use, or other consumption in this state of
 12    tangible personal property acquired on or after July  1,  2005,  for  storage,
 13    use, or other consumption in this state, and on the receipt or use of services
 14    in  this  state,  at  the  rate of five four percent (54%) of the value of the
 15    property, and a recent sales price shall be presumptive evidence of the value.
 16    of the property unless the property is wireless telecommunications  equipment,
 17    in  which  case a recent sales price shall be conclusive evidence of the value
 18    of the property.
 19        (a)  Every person storing, using, or otherwise consuming, in  this  state,
 20    tangible  personal property is liable for the tax. His liability is not extin-
 21    guished until the tax has been paid to this state except that a receipt from a
 22    retailer maintaining a place of business in this state or engaged in  business
 23    in  this  state  given to the purchaser is sufficient to relieve the purchaser
 24    from further liability for the tax to which the  receipt  refers.  A  retailer
 25    shall not be considered to have stored, used or consumed wireless telecommuni-
 26    cations  equipment by virtue of giving, selling or otherwise transferring such
 27    equipment at a discount as an inducement to a consumer to commence or continue
 28    a contract for telecommunications service.
 29        (b)  Every retailer engaged in business in this state, and making sales of
 30    tangible personal property for the storage, use, or other consumption in  this
 31    state,  not  exempted under section 63-3622, Idaho Code, shall, at the time of
 32    making the sales or, if storage, use or other consumption of the tangible per-
 33    sonal property is not then taxable hereunder, at the time the storage, use  or
 34    other consumption becomes taxable, collect the tax from the purchaser and give
 35    to  the  purchaser a receipt therefor in the manner and form prescribed by the
 36    state tax commission.
 37        (c)  The provisions of this section shall not apply when the retailer pays
 38    sales tax on the transaction and collects reimbursement  for  such  sales  tax
 39    from the customer.
 40        (d)  Every  retailer  engaged  in  business in this state or maintaining a
 41    place of business in this state shall register with the state  tax  commission
 42    and give the name and address of all agents operating in this state, the loca-
 43    tion  of all distributions or sales houses or offices or other places of busi-
 44    ness in this state, and such other information as the state tax commission may
 45    require.
 46        (e)  For the purpose of the proper administration of this act and to  pre-
 47    vent  evasion  of the use tax and the duty to collect the use tax, it shall be
 48    presumed that tangible personal property sold by any person  for  delivery  in
 49    this  state  is sold for storage, use, or other consumption in this state. The
 50    burden of proving the sale is tax exempt is upon the person who makes the sale
 51    unless he obtains from the purchaser a resale certificate to the  effect  that
 52    the  property    is  purchased for resale or rental. It shall be presumed that
 53    sales made to a person who has completed a resale certificate for the seller's
                                                                        
                                           9
                                                                        
  1    records are not taxable and the seller need not collect  sales  or  use  taxes
  2    unless the tangible personal property purchased is taxable to the purchaser as
  3    a matter of law in the particular instance claimed on the resale certificate.
  4        A  seller  may  accept  a resale certificate from a purchaser prior to the
  5    time of sale, at the time of sale, or at any reasonable time  after  the  sale
  6    when necessary to establish the privilege of the exemption. The resale certif-
  7    icate  relieves  the person selling the property from the burden of proof only
  8    if taken from a person who is engaged in the business of  selling  or  renting
  9    tangible  personal  property  and who holds the permit provided for by section
 10    63-3620, Idaho Code, or who is a retailer not  engaged  in  business  in  this
 11    state,  and  who,  at  the  time of purchasing the tangible personal property,
 12    intends to sell or rent it in the regular course of business or is  unable  to
 13    ascertain at the time of purchase whether the property will be sold or will be
 14    used for some other purpose. Other than as provided elsewhere in this section,
 15    when  a resale certificate, properly executed, is presented to the seller, the
 16    seller has no duty or obligation to collect sales or use taxes  in  regard  to
 17    any  sales transaction so documented regardless of whether the purchaser prop-
 18    erly or improperly claimed an exemption. A seller so relieved of  the  obliga-
 19    tion  to  collect  tax  is also relieved of any liability to the purchaser for
 20    failure to collect tax or for making any report or disclosure  of  information
 21    required or permitted under this chapter.
 22        The  resale  certificate shall bear the name and address of the purchaser,
 23    shall be signed by the purchaser or his agent, shall indicate  the  number  of
 24    the  permit  issued to the purchaser, or that the purchaser is an out-of-state
 25    retailer, and shall indicate the general character of  the  tangible  personal
 26    property sold by the purchaser in the regular course of business. The certifi-
 27    cate  shall be substantially in such form as the state tax commission may pre-
 28    scribe.
 29        (f)  If a purchaser who gives a resale certificate makes  any  storage  or
 30    use of the property other than retention, demonstration or display while hold-
 31    ing  it for sale in the regular course of business, the storage or use is tax-
 32    able as of the time the property is first so stored or used.
 33        (g)  Any person violating any provision of this section  is  guilty  of  a
 34    misdemeanor  and  punishable  by  a  fine not in excess of one hundred dollars
 35    ($100), and each violation shall constitute a separate offense.
 36        (h)  It shall be presumed  that  tangible  personal  property  shipped  or
 37    brought  to  this  state  by  the purchaser was purchased from a retailer, for
 38    storage, use or other consumption in this state.
 39        (i)  It shall be presumed that tangible personal property  delivered  out-
 40    side  this state to a purchaser known by the retailer to be a resident of this
 41    state was purchased from a retailer for storage, use, or other consumption  in
 42    this  state.  This presumption may be controverted by evidence satisfactory to
 43    the state tax commission that the property was not purchased for storage, use,
 44    or other consumption in this state.
 45        (j)  When the tangible personal property subject to use tax has been  sub-
 46    jected  to  a  general  retail sales or use tax by another state of the United
 47    States in an amount equal to or greater than the amount of the Idaho tax,  and
 48    evidence  can  be  given  of such payment, the property will not be subject to
 49    Idaho use tax. If the amount paid the other state was less, the property  will
 50    be subject to use tax to the extent that the Idaho tax exceeds the tax paid to
 51    the  other state. For the purposes of this subsection, a registration certifi-
 52    cate or title issued by another state or subdivision thereof for a vehicle  or
 53    trailer or a vessel as defined in section 67-7003, Idaho Code, shall be suffi-
 54    cient evidence of payment of a general retail sales or use tax.
 55        (k)  The  use  tax herein imposed shall not apply to the use by a nonresi-
                                                                        
                                           10
                                                                        
  1    dent  of this state of a motor vehicle which is registered or  licensed  under
  2    the laws of the state of his residence and is not used in this state more than
  3    a  cumulative  period  of  time  totaling  ninety (90) days in any consecutive
  4    twelve (12) months, and which is not required to  be  registered  or  licensed
  5    under the laws of this state.
  6        (l)  The  use  tax  herein imposed shall not apply to the use of household
  7    goods, personal effects and personally owned motor vehicles by a  resident  of
  8    this  state,  if  such  articles were acquired by such person in another state
  9    while a resident of that state and primarily for use outside this state and if
 10    such use was actual and substantial, but if an article was acquired less  than
 11    three  (3) months prior to the time he entered this state, it will be presumed
 12    that the article was acquired for use in this state and that its  use  outside
 13    this  state  was  not actual and substantial. For purposes of this subsection,
 14    "resident" shall be as defined in section 63-3013 or 63-3013A, Idaho Code.
 15        (m)  The use tax herein imposed shall not apply to  the  storage,  use  or
 16    other  consumption  of tangible personal property which is or will be incorpo-
 17    rated into real property and which has been donated  to  and  has  become  the
 18    property of:
 19        (1)  A  nonprofit organization as defined in section 63-3622O, Idaho Code;
 20        or
 21        (2)  The state of Idaho; or
 22        (3)  Any political subdivision of the state.
 23    This exemption applies whether the tangible personal property is  incorporated
 24    in  real property by the donee, a contractor or subcontractor of the donee, or
 25    any other person.
                                                                        
 26        SECTION 12.  That Section 63-3622K, Idaho Code, be, and the same is hereby
 27    amended to read as follows:
                                                                        
 28        63-3622K.  OCCASIONAL SALES. (a) There are exempted from the taxes imposed
 29    by this chapter occasional sales of tangible personal property.
 30        (b)  As used in this section, the term "occasional sale" means:
 31        (1)  A sale of property not held or used by a person in the course  of  an
 32        activity for which he is required to hold a seller's permit, provided such
 33        sale is not one (1) of a series of sales sufficient in number or of such a
 34        nature  as to constitute the seller a "retailer" under section 63-3610(c),
 35        Idaho Code.
 36        (2)  Any transfer of all or substantially all of the property held or used
 37        by a person in a business requiring a seller's  permit  when,  after  such
 38        transfer, the real or ultimate ownership of such property is substantially
 39        similar  to  that  which existed before such transfer.  For the purpose of
 40        this section, stockholders, bondholders, partners, or other persons  hold-
 41        ing  an interest in a corporation or other entity are regarded as having a
 42        "real or ultimate ownership" of the property of such corporation or  other
 43        entity.
 44        (3)  A transfer of capital assets to or by a business when the transfer is
 45        accomplished through an adjustment of the beneficial interest of the busi-
 46        ness  and  the  transferor has paid sales or use taxes pursuant to section
 47        63-3619 or 63-3621, Idaho Code, on the capital assets, incidental to:
 48             (i)   A division of joint venture, partnership, or limited  liability
 49             company  assets  among the members or partners in exchange for a pro-
 50             portional reduction of the transferee's interest in  the  joint  ven-
 51             ture, partnership, or limited liability company. For the purposes  of
 52             this  section,  the term "limited liability company" means a business
 53             organization as defined in chapter 6, title 53, Idaho Code;
                                                                        
                                           11
                                                                        
  1             (ii)  The formation of a partnership, joint venture, or limited  lia-
  2             bility  company  by  the transfer of assets to the partnership, joint
  3             venture, or limited liability company or transfers to a  partnership,
  4             joint  venture,  or limited liability company in exchange for propor-
  5             tionate interests in the partnership, joint venture, or limited  lia-
  6             bility company;
  7             (iii) The  formation of a corporation by the owners of a business and
  8             the transfer of their business assets to the corporation in  exchange
  9             for stock in proportion to assets contributed;
 10             (iv)  The transfer of assets of shareholders in the formation or dis-
 11             solution of a corporation;
 12             (v)   The  transfer  of capital assets by a corporation to its stock-
 13             holders in exchange for surrender of capital stock;
 14             (vi)  The transfer of assets from a parent corporation to  a  subsid-
 15             iary  corporation which is owned at least eighty percent (80%) by the
 16             parent corporation, which transfer is solely in exchange for stock or
 17             securities of the subsidiary corporation;
 18             (vii) The transfer of assets from a subsidiary corporation  which  is
 19             owned  at  least  eighty percent (80%) by the parent corporation to a
 20             parent corporation or another subsidiary  which  is  owned  at  least
 21             eighty  percent  (80%)  by  the parent corporation, which transfer is
 22             solely in exchange for stock or securities of the parent  corporation
 23             or the subsidiary which received the assets.
 24        (4)  The  sale,  lease  or  rental of a capital asset in substantially the
 25        same form as acquired by the transferor and on which the initial transfer-
 26        or has paid sales or use taxes pursuant to  section  63-3619  or  63-3621,
 27        Idaho  Code,  when  the  owners of all of the outstanding stock, equity or
 28        interest of the transferor are the same as the transferee or  are  members
 29        of the same family within the second degree of consanguinity or affinity.
 30        (5)  The  sale  of substantially all of the operating assets of a business
 31        or of a separate division, branch, or identifiable segment to a buyer  who
 32        continues operation of the business. For the purpose of this subsection, a
 33        "separate  division,  branch,  or identifiable segment" shall be deemed to
 34        exist if, prior to its sale, the income and expense attributable  to  such
 35        "separate  division,  branch, or identifiable segment" could be separately
 36        ascertained from the books of accounts and records.
 37        (6)  Sales by persons who  are  not  defined  as  "retailers"  in  section
 38        63-3610, Idaho Code.
 39        (7)  Sales of animals by any 4-H club or FFA club held in conjunction with
 40        a fair or the western Idaho spring lamb sale.
 41        (8)  The  sale  or  purchase  of  tangible  personal property at home yard
 42        sales; provided however, that no more than two (2) such  home  yard  sales
 43        per individual calendar year shall be exempt.
 44        (c)  As  used in this section, the term "occasional sale," when applied to
 45    the sale of a motor vehicle, means only:
 46        (1)  Sales of motor vehicles between members of a  family  related  within
 47        the  second  degree  of  consanguinity,  unless a sales or use tax was not
 48        imposed on the sale of that motor vehicle at  the  time  of  purchase,  in
 49        which situation the sale is taxable.
 50        (2)  Sales  of  motor  vehicles that fall within the scope of the transac-
 51        tions detailed in subsection (b)(2) through (b)(5) of this section.
 52        (d)  The exemption provided by subsection (b)(1), (b)(4), (b)(6) or (b)(8)
 53    of this section shall not apply to the sale, purchase or use of  aircraft,  as
 54    defined  in  section  21-201, Idaho Code, nor shall it apply to the sale, pur-
 55    chase or use of boats or vessels, as defined in section 67-7003,  Idaho  Code,
                                                                        
                                           12
                                                                        
  1    nor  shall  it apply to the sale, purchase or use of snowmobiles, recreational
  2    vehicles or off-highway motorbikes, as defined  in  section  63-3622HH,  Idaho
  3    Code.
                                                                        
  4        SECTION  13.  That  Section  63-3622Y,  Idaho Code, as added by Section 1,
  5    Chapter  435,  Laws  of  1990,  and  Sections  63-3622F,  63-3622G,  63-3622S,
  6    63-3622V, 63-3622Y, 63-3622BB, 63-3622CC, 63-3622DD and 63-3622GG, Idaho Code,
  7    be, and the same are hereby repealed.
                                                                        
  8             SECTION 14.  That Section 67-7439, Idaho Code, be, and  the  same  is
  9    hereby amended to read as follows:
                                                                        
 10        67-7439.  TAXES.  Income  taxes  shall  only  be imposed on lottery prizes
 11    received from lottery tickets purchased after the effective date of this  act.
 12    Lottery  prizes  awarded  by the Idaho state lottery under six hundred dollars
 13    ($600) shall not be subject to the state income tax.  No  taxes  of  any  kind
 14    whatsoever  shall  be  imposed  upon the sale, purchase, storage, use or other
 15    consumption of Idaho lottery  tickets or shares, or upon equipment, devices or
 16    systems directly used  in  the  production,  operation,  sales,  distribution,
 17    tracking,  drawing,  accounting,  communication  of  or computation of lottery
 18    games.
 19        The state lottery shall pay to a city, county, the state or any  political
 20    subdivision  or  municipality  thereof  in  which the state lottery occupies a
 21    premises owned by the state a grant not to exceed the  amount  that  would  be
 22    payable as taxes on the property in that year, if the property were not exempt
 23    from taxation.
                                                                        
 24        SECTION 15.  That Section 63-3622D, Idaho Code, be, and the same is hereby
 25    amended to read as follows:
                                                                        
 26        63-3622D.  PRODUCTION EXEMPTION. There are exempted from the taxes imposed
 27    by this chapter:
 28        (a)  The  sale  at retail, storage, use or other consumption in this state
 29    of:
 30        (1)  Tangible personal property which will enter into and become an ingre-
 31        dient or component part of tangible personal property manufactured,  proc-
 32        essed, mined, produced or fabricated for sale.
 33        (2)  Tangible personal property primarily and directly used or consumed in
 34        or  during  a  manufacturing,  processing, mining, farming, or fabricating
 35        operation, including,  but  not  limited  to,  repair  parts,  lubricants,
 36        hydraulic  oil, and coolants, which become a component part of such tangi-
 37        ble personal property; provided that the use or consumption of such tangi-
 38        ble personal property is necessary or essential to the performance of such
 39        operation.
 40        (3)  Chemicals, catalysts, and other materials which are used for the pur-
 41        pose of producing or inducing a chemical or physical change in the product
 42        or for removing impurities from the product or otherwise placing the prod-
 43        uct in a more marketable condition as part of an  operation  described  in
 44        subsection  (a)(2)  of  this  section, and chemicals and equipment used in
 45        clean-in-place systems in  the  food  processing  and  food  manufacturing
 46        industries.
 47        (4)  Safety equipment and supplies required to meet a safety standard of a
 48        state  or  federal agency when such safety equipment and supplies are used
 49        as part of an operation described in subsection (a)(2) of this section.
 50        (5)  Plants to be used as part of a farming operation.
                                                                        
                                           13
                                                                        
  1        (b)  Other than as provided in subsection (c) of this section, the  exemp-
  2    tions  allowed  in  subsections  (a)(1),  (2), (3) and (4) of this section are
  3    available only to a business or separately  operated  segment  of  a  business
  4    which  is primarily devoted to producing tangible personal property which that
  5    business will sell and which is intended for ultimate sale  at  retail  within
  6    or  without this state. A contractor providing services to a business entitled
  7    to an exemption under this section is not exempt as  to  any  property  owned,
  8    leased, rented or used by it unless, as a result of the terms of the contract,
  9    the use of the property is exempt under section 63-3615(b), Idaho Code.
 10        (c)  The  exemptions  allowed  in  subsections  (a)(1), (a)(2), (a)(3) and
 11    (a)(4) of this section shall also be available to a  business,  or  separately
 12    operated  segment  of  a  business, engaged in farming or mining, whether as a
 13    subcontractor, contractor, contractee or subcontractee, when such business  or
 14    segment  of  a  business  is  primarily devoted to producing tangible personal
 15    property which is intended for ultimate sale at retail within or without  this
 16    state, without regard to the ownership of the product being produced.
 17        (d)  As  used  in  this section, the term "directly used or consumed in or
 18    during" a farming operation means the performance  of  a  function  reasonably
 19    necessary  to  the  operation  of  the  total farming business, including, the
 20    planting, growing, harvesting and initial storage of crops and other  agricul-
 21    tural  products and movement of crops and produce from the place of harvest to
 22    the place of initial storage. It includes  disinfectants  used  in  the  dairy
 23    industry  to  clean cow udders or to clean pipes, vats or other milking equip-
 24    ment.
 25        (e)  The exemptions allowed in this  section  do  not  include  machinery,
 26    equipment,  materials  and supplies used in a manner that is incidental to the
 27    manufacturing, processing, mining, farming or fabricating operations  such  as
 28    maintenance and janitorial equipment and supplies.
 29        (f)  Without  regard  to  the  use of such property, this section does not
 30    exempt:
 31        (1)  Hand tools with a unit purchase price not in excess  of  one  hundred
 32        dollars ($100). A hand tool is an instrument used or worked by hand.
 33        (2)  Tangible  personal  property  used  in  any activities other than the
 34        actual manufacturing, processing, mining, farming  or  fabricating  opera-
 35        tions  such  as  office equipment and supplies, and equipment and supplies
 36        used in selling or distributing activities.
 37        (3)  Property used in research or development.
 38        (4)  Property used in transportation activities.
 39        (5)  Machinery, equipment, tools or other property used to  make  repairs.
 40        This subsection does not include repair parts that become a component part
 41        of  tangible  property  exempt  from tax under this section or lubricants,
 42        hydraulic oil, or coolants used in  the  operation  of  tangible  personal
 43        property exempt under this section.
 44        (6)  Machinery,  equipment,  tools  or other property used to manufacture,
 45        fabricate, assemble or install tangible personal property which is:
 46             (i)  Not held for resale in the regular course of business; and
 47             (ii) Owned by the manufacturer, processor, miner, farmer or  fabrica-
 48             tor;
 49        provided,  however,  this subsection does not prevent exemption of machin-
 50        ery, equipment, tools or other property exempted from tax under subsection
 51        (a)(2) or (a)(3) of this section.
 52        (7)  Any improvement to real property or fixture thereto or  any  tangible
 53        personal  property  which  becomes or is intended to become a component of
 54        any real property or any improvement or fixture thereto.
 55        (8)  Motor vehicles and aircraft.
                                                                        
                                           14
                                                                        
  1        (9)  Tangible personal property used or consumed in processing,  producing
  2        or  fabricating  tangible  personal  property exempted from tax under this
  3        chapter in sections 63-3622F, 63-3622G and 63-3622I, Idaho Code.
  4        (10) Tangible personal property  described  in  section  63-3622HH,  Idaho
  5        Code.
  6        (g)  Any tangible personal property exempt under this section which ceases
  7    to qualify for this exemption, and does not qualify for any other exemption or
  8    exclusion  of  the  taxes imposed by this chapter, shall be subject to use tax
  9    based upon its value at the time it ceases to qualify for exemption. Any  tan-
 10    gible  personal  property  taxed  under this chapter which later qualifies for
 11    this exemption shall not entitle the owner of it to any claim for refund.
                                                                        
 12        SECTION 16.  That Section 63-3622JJ, Idaho  Code,  be,  and  the  same  is
 13    hereby amended to read as follows:
                                                                        
 14        63-3622JJ.  LOGGING  EXEMPTION.  There are exempted from the taxes imposed
 15    by this chapter:
 16        (1)  The sale at retail, storage, use or other consumption in  this  state
 17    of tangible personal property which is primarily and directly used or consumed
 18    in  logging  including,  but  not  limited  to,  log loaders, log jammers, log
 19    skidders and fuel used in logging trucks, provided that the use or consumption
 20    of such tangible personal property is necessary or essential to logging.
 21        (2)  The exemption allowed by subsection (1)  of  this  section  does  not
 22    include  machinery, equipment, materials and supplies used in a manner that is
 23    incidental to logging such as maintenance and janitorial  equipment  and  sup-
 24    plies,  and hand tools with a unit purchase price not in excess of one hundred
 25    dollars ($100); nor does it include tangible personal  property  used  in  any
 26    activities  other  than  the actual logging, such as office equipment and sup-
 27    plies, equipment and supplies used in selling or distributing  activities,  in
 28    research, or, except for fuel used in logging trucks, in transportation activ-
 29    ities;  nor  shall  this exemption include motor vehicles or aircraft, without
 30    regard to the use to which such motor vehicles or aircraft are put; nor  shall
 31    this  exemption apply to vehicles or equipment described in section 63-3622HH,
 32    Idaho Code; nor shall this exemption include tangible personal  property  used
 33    to produce tangible personal property exempted from the tax under this chapter
 34    by section 63-3622G, Idaho Code.
                                                                        
 35        SECTION  17.  That Section 63-3623, Idaho Code, be, and the same is hereby
 36    amended to read as follows:
                                                                        
 37        63-3623.  RETURNS AND PAYMENTS. (a) The taxes imposed by this act are  due
 38    and payable to the state tax commission monthly on or before the twentieth day
 39    of the succeeding month.
 40        (b)  All moneys collected or received by the state tax commission from the
 41    taxes,  penalties,  interest  and  fees imposed by this act shall be deposited
 42    with the state treasurer to be credited by him to the sales tax  account  cre-
 43    ated by this act.
 44        (c)  On  or  before the twentieth day of the month a return shall be filed
 45    with the state tax commission in such form as the  state  tax  commission  may
 46    prescribe.
 47        (d)  For  the  purpose  of the sales tax, a return shall be filed by every
 48    seller. For the purposes of the use tax, a return  shall  be  filed  by  every
 49    retailer engaged in business in this state and by every person purchasing tan-
 50    gible  personal  property,  the storage, use, or other consumption of which is
 51    subject to the use tax, who has not  paid  the  use  tax  due  to  a  retailer
                                                                        
                                           15
                                                                        
  1    required to collect the tax. Returns shall be signed by the person required to
  2    file the return or by his duly authorized agent.
  3        (e)  For  the  purposes  of the sales tax, the return shall show the total
  4    sales at retail subject to tax under this act during the reporting period. For
  5    the purposes of the use tax, in case of a return  filed  by  a  retailer,  the
  6    return shall show the total sales price of the property sold by him, the stor-
  7    age,  use, or consumption of which property became subject to the use tax dur-
  8    ing the reporting period; in the case of a return filed by  a  purchaser,  the
  9    return  shall show the total sales price of the property purchased by him, the
 10    storage, use, or consumption of which became subject to the use tax during the
 11    reporting period.
 12        (f)  The return shall show the amount of the taxes for the period  covered
 13    by  the  return  and  such other information as the state tax commission deems
 14    necessary for the proper administration of this act.
 15        (g)  The person required to file the return  shall  mail  or  deliver  the
 16    return  together  with a remittance of any tax due to the state tax commission
 17    for the reporting period.
 18        (h)  The state tax commission, if it deems it necessary in order to insure
 19    payment to or facilitate the collection by the state  of  taxes,  may  require
 20    returns for periods other than monthly periods.
 21        (i)  For  the  purposes  of  the  sales tax, gross amounts from rentals or
 22    leases of tangible personal property which may be subject to  tax  under  this
 23    act  shall  be  reported and the tax paid in accordance with such rules as the
 24    state tax commission may prescribe.
 25        (j)  The state tax commission for good cause may extend, for not to exceed
 26    one (1) month, the time for making any return or paying any amount required to
 27    be paid under this act.
 28        (k)  Any person to whom an extension is  granted  and  who  pays  the  tax
 29    within the period for which the extension is granted shall pay, in addition to
 30    the  tax,  interest  at the rate provided in section 63-3045, Idaho Code, from
 31    the date on which the tax would have been due without the extension until  the
 32    day of payment.
 33        (l)  Upon the transfer of ownership of a motor vehicle subject to sales or
 34    use tax, a certificate of title will be issued to the new owner only upon pre-
 35    sentation of evidence of payment of sales or use tax on the transaction.
 36        (m)  The  owner of a motor vehicle or trailer required to be registered by
 37    the laws of this state shall, upon demand, furnish to the officer issuing such
 38    registration, satisfactory evidence that any sales or use tax  to  which  such
 39    motor  vehicle  or  trailer  is subject has been paid to this state before any
 40    such registration shall be issued.
 41        (n)  Retail sales of tangible personal property through a vending  machine
 42    which are taxable upon the purchase price paid by the owner or operator of the
 43    vending  machine  pursuant  to  subsection (e) of section 63-3613, Idaho Code,
 44    shall be reported upon the sales tax return of the owner or  operator  of  the
 45    vending  machine  in  the  manner by which the tax commission may by rule pre-
 46    scribe.
                                                                        
 47        SECTION 18.  That Section 63-3640, Idaho Code, be, and the same is  hereby
 48    amended to read as follows:
                                                                        
 49        63-3640.  CONTRACTS  ENTERED  INTO BEFORE EFFECTIVE DATE OF INCREASED TAX.
 50    (1) Commencing May 1, 2003, and ending June 30, 2005, the purchase, use, stor-
 51    age or other consumption of tangible personal property which is otherwise sub-
 52    ject to the taxes imposed by  this  chapter  by  persons  defined  in  section
 53    63-3609(a1),  Idaho  Code,  shall  be  exempt  from one cent (1¢) of the taxes
                                                                        
                                           16
                                                                        
  1    imposed by sections 63-3619 and 63-3621, Idaho Code, if:
  2        (a)  The tangible personal property is purchased, used, stored  or  other-
  3        wise consumed for incorporation into real property; and
  4        (b)  The  tangible  personal property is purchased, used, stored or other-
  5        wise consumed in regard to a project performed by such person pursuant  to
  6        a qualified contract; and
  7        (c)  The  taxpayer  claims the exemption in the manner provided by subsec-
  8        tion (3) of this section.
  9        (2)  As used in this section, the term "qualified contract" means  a  con-
 10    tract which:
 11        (a)  Is a written contract; and
 12        (b)  Was  in  effect on April 15, 2003, or was submitted for bid or bid in
 13        written form on or before April 15, 2003, and subsequently became a  writ-
 14        ten contract; and
 15        (c)  Was negotiated or bid based upon the sales or use tax being five per-
 16        cent (5%); and
 17        (d)  Requires the cost of the sales or use tax to be borne by the contrac-
 18        tor.
 19        (3)  A  person entitled to the exemption granted in subsection (1) of this
 20    section may submit a claim for refund to the  state  tax  commission  for  the
 21    amount  of  one cent (1¢) of the tax imposed by sections 63-3619 and  63-3621,
 22    Idaho Code, if it has actually been paid by him. The claim  for  refund  shall
 23    include:
 24        (a)  A copy of a written contract which is a qualified contract; and
 25        (b)  A detailed invoice prepared by the seller showing all items of tangi-
 26        ble personal property purchased by the claimant, the sale of which is sub-
 27        ject to the exemption granted in subsection (1) of this section; and
 28        (c)  A  document signed by the purchaser certifying that the tangible per-
 29        sonal property shown on the invoice required by subsection (3)(b) of  this
 30        section has in fact been used by him on the project to which the qualified
 31        contract relates.
 32        (4)  Upon  receipt of the claim for refund, the state tax commission shall
 33    review the claim and, if it finds it  to  be  proper,  shall  pay  the  refund
 34    together  with  interest  from  the  date that the claim was filed at the rate
 35    established by section 63-3045, Idaho Code, within thirty (30) days  from  the
 36    date the claim was received by the commission.
 37        (5)  The  use or incorporation into real property of any tangible personal
 38    property upon which the exemption provided by subsection (1) of  this  section
 39    has  been  claimed  pursuant  to  any contract other than a qualified contract
 40    shall be a misdemeanor.
 41        (6)  In addition to the criminal penalties provided by subsection  (5)  of
 42    this section, the use or incorporation into real property of tangible personal
 43    property  upon  which the exemption provided by subsection (1) of this section
 44    has been claimed pursuant to any contract which is not  a  qualified  contract
 45    shall  subject  the  user to a penalty of three (3) times the sales or use tax
 46    otherwise due under this chapter to be enforced and collected as  provided  by
 47    sections 63-3634 and 63-3635, Idaho Code.
 48        (7)  In  the case of a retailer who makes sales of tangible personal prop-
 49    erty to any person entitled to the exemption granted in subsection (1) of this
 50    section who is for any reason unable to collect  one  cent  (1¢)  of  the  tax
 51    imposed  by  sections 63-3619 and 63-3621, Idaho Code, from the purchaser, the
 52    retailer shall be entitled to claim the refund otherwise available to the pur-
 53    chaser. The claim for refund shall be filed in the manner prescribed  by  sub-
 54    section  (3)  of  this  section.  Nothing  in this subsection shall excuse the
 55    retailer from reporting sales and use taxes at the full statutory rate on  all
                                                                        
                                           17
                                                                        
  1    taxable  sales  made  during  the  period to which his sales or use tax return
  2    relates. If a refund claim is filed concurrently with the return,  the  refund
  3    claimed  may  be  credited against the tax due on the return. Any retailer who
  4    claims a refund for any taxes actually collected from the purchaser  shall  be
  5    subject to a penalty of three (3) times the sales or use tax refund improperly
  6    claimed  to  be  enforced  and  collected  as provided by sections 63-3634 and
  7    63-3635, Idaho Code.
                                                                        
  8        SECTION 19.  SEVERABILITY. The provisions of this act are hereby  declared
  9    to  be  severable  and if any provision of this act or the application of such
 10    provision to any person or circumstance is declared invalid  for  any  reason,
 11    such  declaration  shall  not affect the validity of the remaining portions of
 12    this act.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14737

This bill enacts the "Idaho Economic Recovery and Sales Tax
Reform Act of 2005" which reduces the Sales and Use Tax from six
percent (6%) to four percent (4%).  It repeals certain Sales and
Use Tax exemptions and subjects certain services to the Sales and
Use Tax, with the result that there is a new gain of $61,300,000
in revenues as demonstrated by the following table:
     Sales Tax Collections Per 1%        $180,000,000
             (Dollar value per 1%)


     Gain from Removing Certain
             Sales Tax Exemptions:       $49,800,000
     Tax 4% Services(except medical)     $191,500,000
             Total                       $241,300,000

     1 Cent Sales Tax Off                $180,000,000
          Net Gain to General Fund       $61,300,000


                           FISCAL NOTE

This bill will result in a increase in annual revenue to the
State of Idaho of approximately $61,300,000 commencing 
July 1, 2005.

The implementation will be accomplished with in-house staff
and in-house printing services, thus requiring an appropriation
of less than $200,000.



Contact
Name:  Representative Tom Trail 
Phone: 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                   H 65