2005 Legislation
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HOUSE BILL NO. 76 – Income tax credit, school choice

HOUSE BILL NO. 76

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H0076.................................................by BARRETT AND DENNEY
INCOME TAX CREDIT - Adds to existing law to provide a school choice income
tax credit for qualified donations made to qualifying students in support
of the education of a student enrolled in an educational program within the
state of Idaho at the elementary or secondary level.
                                                                        
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. 76
                                                                        
                                   BY BARRETT AND DENNEY
                                                                        
  1                                        AN ACT
  2    RELATING TO STATE INCOME TAX CREDITS; AMENDING CHAPTER  30,  TITLE  63,  IDAHO
  3        CODE,  BY THE ADDITION OF A NEW SECTION 63-3029H, IDAHO CODE, TO PROVIDE A
  4        SCHOOL CHOICE INCOME TAX CREDIT FOR QUALIFIED DONATIONS MADE TO QUALIFYING
  5        STUDENTS IN SUPPORT OF THE EDUCATION OF A STUDENT ENROLLED  IN  AN  EDUCA-
  6        TIONAL  PROGRAM  WITHIN  THE STATE OF IDAHO AT THE ELEMENTARY OR SECONDARY
  7        LEVEL; AND PROVIDING AN EFFECTIVE DATE.
                                                                        
  8    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  9        SECTION 1.  That Chapter 30, Title 63, Idaho Code, be,  and  the  same  is
 10    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 11    ignated as Section 63-3029H, Idaho Code, and to read as follows:
                                                                        
 12        63-3029H.  SCHOOL CHOICE TAX CREDIT. (1) Purpose. The purpose of this sec-
 13    tion is to provide parents or legal guardians of students, regardless of  eco-
 14    nomic  status,  additional educational choices in the education of their chil-
 15    dren at the elementary and secondary levels, by allowing any donor to  receive
 16    a credit against income taxes due to the state of Idaho when the donor donates
 17    money  directly  to a parent or legal guardian of a student, or makes expendi-
 18    tures as a parent or legal guardian of a student, for the education of a qual-
 19    ifying student.
 20        (2)  Definitions. The following definitions shall apply to this section:
 21        (a)  "Qualified donation" which may hereinafter also  be  referred  to  as
 22        "donation" means a donation which is in compliance with the terms and con-
 23        ditions of this section.
 24        (b)  "Qualified  donor"  which  may  hereinafter  also  be  referred to as
 25        "donor" means any person who or qualified entity which:
 26             (i)   Is qualified to file an Idaho full-year  resident  tax  return;
 27             and
 28             (ii)  Either  makes  a  qualified donation to the qualified parent or
 29             qualified guardian of a qualifying student, or is a qualified  parent
 30             or  qualified legal guardian who expends funds directly on the educa-
 31             tion of the qualifying student.
 32        (c)  "Qualified entity" which may  hereinafter  also  be  referred  to  as
 33        "entity"  means  a corporation or a limited liability company which elects
 34        to be taxed as a corporation.
 35        (d)  "Qualified expenses" which may hereinafter also  be  referred  to  as
 36        "expenses" means money spent to cover the costs of educating a student and
 37        may  include, but is not limited to, tuition, textbooks, curricula support
 38        materials and activities, uniforms, and mileage to transport  the  student
 39        to and from school and related academic school activities.
 40        (e)  "Qualified  parent" or "qualified legal guardian" which may hereinaf-
 41        ter also be referred to as "parent" or "legal guardian" means  the  parent
 42        or legal guardian of a qualifying student, which parent or legal guardian:
 43             (i)   Had  the  actual physical custody of the qualifying student for
                                                                        
                                           2
                                                                        
  1             at least six (6) months of the specific tax year in question; and
  2             (ii)  Resided in the state of Idaho for at least ten (10)  months  of
  3             the  specific tax year in question and was qualified to file an Idaho
  4             full-year resident tax return for such year.
  5        (f)  "Qualified student" which may hereinafter  also  be  referred  to  as
  6        "student," as to any specific tax year, means a child who:
  7             (i)   Has  attained,  on or before January 1 of such year, the age of
  8             seven (7) years or more, but has not attained, on or before  December
  9             31 of such year, nineteen (19) years of age; and
 10             (ii)  During  said  specific  tax year was enrolled in an educational
 11             program within the state of Idaho  at  the  elementary  or  secondary
 12             level; and
 13             (iii) Participates  in  an educational program which is in compliance
 14             with all applicable laws relating to the  education  of  such  child,
 15             including  if  applicable,  the compulsory school attendance require-
 16             ments of section 9, article IX of the constitution of  the  state  of
 17             Idaho, and of section 33-202, Idaho Code; and
 18             (iv)  Has a qualified parent or qualified legal guardian.
 19        (3)  Limits on donations -- Records.
 20        (a)  The parent or legal guardian shall not accept donations in excess of:
 21             (i)   One  thousand  eight  hundred  dollars ($1,800) for any student
 22             seven (7) years of age,
 23             (ii)  Two thousand seven hundred dollars  ($2,700)  for  any  student
 24             eight (8) through twelve (12) years of age, and
 25             (iii) Three  thousand  six  hundred  dollars ($3,600) for any student
 26             thirteen (13) through eighteen (18) years of age,
 27        unless a student is a special needs student, in which case the  parent  or
 28        legal  guardian  shall not accept donations for such special needs student
 29        in excess of sixty-five percent (65%) of the previous year's total  expen-
 30        ditures  per  full-time  average  daily  attendance  as  determined by the
 31        department of education. For each tax year, adjustments  to  the  donation
 32        limitation specified in paragraphs (a)(i) through (iii) of this subsection
 33        (3),  shall  be  made based on the unadjusted consumer price index for all
 34        urban consumers as issued by the United States department of labor.
 35        (b)  It is the responsibility of the parent or legal guardian of a student
 36        to maintain accurate records of the financial support  received  for  each
 37        student  for  which  the  parent or legal guardian has received one (1) or
 38        more donations.
 39        (4)  Credits allowed. For taxable years commencing on and after January 1,
 40    2006, there shall be allowed, at the election of the taxpayer and  subject  to
 41    the  limitations  provided  herein, a credit against the income tax imposed by
 42    the provisions of this chapter for donations made to or by a parent  or  legal
 43    guardian in support of the education of a student as follows:
 44        (a)  For individual tax returns, at the election of the taxpayer, either:
 45             (i)   A credit equal to the donation, but not to exceed the lesser of
 46             one  thousand dollars ($1,000) or forty percent (40%) of the tax lia-
 47             bility for the taxable year; or
 48             (ii)  A credit equal to the donation, but not to  exceed  twelve  and
 49             one-half percent (12.5%) of the tax liability for the taxable year.
 50        (b)  For  corporate  or  entity  tax returns, at the election of such tax-
 51        payer, either:
 52             (i)   A credit equal to the total donations  by  the  corporation  or
 53             entity for the tax year, but not to exceed the lesser of ten thousand
 54             dollars  ($10,000) or forty percent (40%) of the tax liability of the
 55             corporation or entity for the taxable year; or
                                                                        
                                           3
                                                                        
  1             (ii)  A credit equal to the total donations  by  the  corporation  or
  2             entity,  but not to exceed twelve and one-half percent (12.5%) of the
  3             tax liability of the corporation or entity for the taxable year.
  4        (5)  Phase-in credits allowed based on age of student. For  the  tax  year
  5    2006, eligible students on whom the tax credit may be claimed shall be limited
  6    to  students  specified in paragraph (a) of this subsection, and one (1) addi-
  7    tional age group shall be added as specified in paragraphs (b) and (c) of this
  8    subsection in each succeeding tax year until the tax year 2009, at which  time
  9    all students as specified in paragraph (d) of this subsection are eligible for
 10    donations:
 11        (a)  Students  thirteen  (13)  through eighteen (18) years of age, for tax
 12        year 2006.
 13        (b)  Students eight (8) through twelve (12) years of  age,  for  tax  year
 14        2007.
 15        (c)  Students seven (7) years of age, for tax year 2008.
 16        (d)  All  qualifying  students  as defined in subsection (2)(f)(i) of this
 17        section, for tax year 2009 and each tax year thereafter.
 18        (6)  Special applications. The other provisions of this  section  notwith-
 19    standing,  a credit shall be allowed for donations to, or by a parent or legal
 20    guardian for, a student:
 21        (a)  Enrolled in an out-of-district public charter  district  for  tuition
 22        expense which may be charged by a charter district.
 23        (b)  Enrolled in an out-of-district public school for transportation costs
 24        to the nearest bus stop in the out-of-district school transportation zone.
 25        Eligible  transportation  costs  shall  be  computed as allowed in section
 26        33-1503, Idaho Code.
 27        (c)  Enrolled in a public charter school for transportation costs for  any
 28        student  living  more than one and one-half (1 1/2) miles from the charter
 29        school. Eligible transportation costs shall be computed as allowed in sec-
 30        tion 33-1503, Idaho Code.
 31        (d)  Enrolled at a secondary school for the cost of taking a core curricu-
 32        lum course because the course is not provided by the secondary school.
 33        (7)  Expenses reported. On a form prescribed by the state tax  commission,
 34    the  parent or legal guardian shall record and verify all expenses made by the
 35    parent or legal guardian for the elementary or  secondary  education  of  each
 36    student  for which a tax credit is claimed. Such form shall provide for calcu-
 37    lating the difference between legally allowed  donations  collected  for  each
 38    student  as  specified  in  subsection  (3)(a)  of  this  section and expenses
 39    reported for each student. If the amount of donations  collected  exceeds  the
 40    actual expenditures, then the parent or legal guardian shall remit the differ-
 41    ence to the state tax commission. This form shall be filed with the tax credit
 42    form.
 43        (8)  Liability for improperly taken credits. In the event the alleged stu-
 44    dent  was  in  fact  not a qualified student for the tax year in question, the
 45    liability for recapture of the improperly taken credit  shall  attach  to  the
 46    parent or legal guardian of the alleged student for whom the credit was taken;
 47    provided  however,  if  the  donor  had actual knowledge of the failure of the
 48    alleged student to be a qualifying student at the time  the  donor  filed  the
 49    Idaho  income  tax  return  in which the credit was taken, the qualified donor
 50    shall also be liable for the recapture.
 51        (9)  File tax forms. A form prescribed by the state tax  commission  shall
 52    be  furnished  by  the parent or legal guardian to each donor for each student
 53    for whom a donation was made in a tax year, by not later than  January  30  of
 54    the  year following the tax year in which the donation was made. The parent or
 55    legal guardian shall also file such form with the parent or  legal  guardian's
                                                                        
                                           4
                                                                        
  1    Idaho tax return for the tax year in which any funds were expended by the par-
  2    ent  or  legal  guardian for the elementary or secondary education of the stu-
  3    dent. The form shall contain at least the following information:
  4        (a)  The name, address, social security number and the  dollar  amount  of
  5        donations made by each donor; and
  6        (b)  The  name,  address  and  age on January 1 and December 31 of the tax
  7        year in question, and social security number of the student; and
  8        (c)  The name, address and social security number of the parent  or  legal
  9        guardian of the student; and
 10        (d)  A  certification that the student was in fact a qualified student for
 11        the tax year in question and that the donations were actually used for the
 12        education of the student, and a statement of the basis on which  the  stu-
 13        dent was in fact a qualified student for the tax year in question.
 14    The donor shall file a copy of each such form with the Idaho tax return of the
 15    donor for the year in which the donation was made.
 16        (10) Tax forms. The state tax commission shall provide forms for:
 17        (a)  Computing  the  tax  credit,  which  form  shall include the name and
 18        address of the school attended, the social security number of the student,
 19        and the name, address and social security number of the parent or guardian
 20        of the student.
 21        (b)  Certifying that the student was a qualified student for the tax  year
 22        and  that  the  donations  were  used  for the education of the student as
 23        required by subsection (9)(d) of this section. This certification shall be
 24        filed with the tax credit form.
 25        (c)  Stating the basis on which the student was in fact a  qualified  stu-
 26        dent  in  the  tax  year as required by subsection (9)(d) of this section.
 27        This statement shall be filed with the tax credit form.
 28        (d)  Recording and verifying qualified expenses and calculating the amount
 29        a parent or legal guardian owes to  the  state  tax  commission  when  the
 30        amount of legally collected donations exceeds authorized expenses.
 31        (11) Disclaimer.  No  parent or legal guardian of a qualifying student and
 32    no private educational institution shall, on account of educating a child  for
 33    whom  a tax credit is claimed under the provisions of this section, be consid-
 34    ered a recipient of governmental  financial  assistance  for  the  purpose  of
 35    imposing  any rule, guideline, order, requirement or regulation upon such par-
 36    ent, guardian or educational institution, or for any other purpose.
 37        (12) Reports on use of credit. The state tax commission  shall  compile  a
 38    report each year which includes the number of returns on which this credit was
 39    taken,  the total dollar amount of tax credited, and the number of students on
 40    whom the credit was taken. The state tax commission  shall  make  the  reports
 41    available to the general public.
 42        (13) The  state  tax commission shall promulgate rules as are necessary to
 43    execute, enforce and effectuate the provisions of this section.
                                                                        
 44        SECTION 2.  This act shall be in full force and effect on and after  Janu-
 45    ary 1, 2006.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                             RS 14750

 This is a pilot project that phases in over three years.
The purpose of this legislation is designed so any parent,
regardless of economic status, has additional educational choices
for their elementary and secondary aged children.
 This is accomplished by allowing any donor who pays an Idaho State
income tax to receive a credit against income taxes due when the
donor donates money directly to the parent (s) for the purpose of
educating their student.
 There are caps to the amounts of donations made and received. 
This legislation also contains requirements enabling the State Tax
Commission to track the donations and expenditures.


                           FISCAL NOTE

Other states like Utah and South Carolina have completed
comprehensive economic studies on their school choice proposals
that show substantial savings to their states' General Fund.  This
legislation would result in savings to the Idaho General Fund over
time.

There is a short-term fiscal impact to the General Fund, using
static economic calculations.
 2006 - 2512 eligible regular students x $3600 = $9,043,200
 326 eligible special education students x $8500 x 0.65=$1,801.200
 Total Age 13-18 General Fund impact - $10,844,400
 2007 - 2576 eligible regular students x $2700 = $6,955,200
 335 eligible special education students x $8500x0.65=$1,850,900
 Total age 8-12 General Fund impact - $19,650,500
 2008 - 550 eligible regular students x $1800 = $990,000
 71 eligible special education students x $8500x0.65=$392,300
Grand total Fiscal Year 2008 General Fund Impact $21,032,800


Contact
Name:  Rep Lenore Hardy Barrett 
Phone: 208 332-1000
       Rep Lawerence Denney
       208 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                        H 76