View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
H0259...............................................by REVENUE AND TAXATION SMALL/MEDIUM BUSINESS GROWTH INCENTIVE - Adds to existing law to provide an additional income tax credit for small and medium size businesses for capital investment; to provide an additional income tax credit for new jobs; to provide limitations and other provisions on credits against income taxes; to provide sales and use tax incentives; to provide rebates; to provide for recapture; and to allow the county board of equalization to exempt all or a portion of certain property which has received the income tax credits or sales tax exemptions from property taxation. 02/23 House intro - 1st rdg - to printing 02/24 Rpt prt - to Rev/Tax
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 259 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO TAXATION; PROVIDING A SHORT TITLE; AMENDING TITLE 63, IDAHO CODE, 3 BY THE ADDITION OF A NEW CHAPTER 39, TITLE 63, IDAHO CODE, TO PROVIDE 4 APPLICATION, TO DEFINE TERMS, TO PROVIDE AN ADDITIONAL INCOME TAX CREDIT 5 FOR CAPITAL INVESTMENT, TO PROVIDE AN ADDITIONAL INCOME TAX CREDIT FOR NEW 6 JOBS, TO PROVIDE LIMITATIONS AND OTHER PROVISIONS ON CREDITS AGAINST 7 INCOME TAXES, TO PROVIDE FOR RECAPTURE, TO PROVIDE SALES AND USE TAX 8 INCENTIVES, TO PROVIDE REBATES, TO PROVIDE FOR RECAPTURE AND TO PROVIDE 9 FOR ADMINISTRATION; AMENDING TITLE 63, IDAHO CODE, BY THE ADDITION OF A 10 NEW CHAPTER 43, TITLE 63, IDAHO CODE, TO PROVIDE APPLICATION, TO DEFINE 11 TERMS, TO PROVIDE AN ADDITIONAL INCOME TAX CREDIT FOR CAPITAL INVESTMENT, 12 TO PROVIDE AN ADDITIONAL INCOME TAX CREDIT FOR NEW JOBS, TO PROVIDE LIMI- 13 TATIONS AND OTHER PROVISIONS ON CREDITS AGAINST INCOME TAXES, TO PROVIDE 14 FOR RECAPTURE, TO PROVIDE SALES AND USE TAX INCENTIVES, TO PROVIDE 15 REBATES, TO PROVIDE FOR RECAPTURE AND TO PROVIDE FOR ADMINISTRATION; 16 AMENDING CHAPTER 6, TITLE 63, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 17 63-606, IDAHO CODE, TO ALLOW THE COUNTY BOARD OF EQUALIZATION TO EXEMPT 18 ALL OR A PORTION OF CERTAIN PROPERTY FROM PROPERTY TAXATION AND TO PROVIDE 19 PROCEDURES; PROVIDING SEVERABILITY; DECLARING AN EMERGENCY AND PROVIDING 20 RETROACTIVE APPLICATION. 21 Be It Enacted by the Legislature of the State of Idaho: 22 SECTION 1. This act shall be known and may be cited as the "Idaho Small 23 and Medium-sized Business Growth Incentive Act of 2005." 24 SECTION 2. That Title 63, Idaho Code, be, and the same is hereby amended 25 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 26 ter 39, Title 63, Idaho Code, and to read as follows: 27 CHAPTER 39 28 SMALL BUSINESS GROWTH INCENTIVE ACT OF 2005 29 63-3901. APPLICATION. No provision of this chapter applies to a person, 30 taxpayer, or other entity entitled to, applying for, or receiving any credit, 31 rebate or other benefit under chapter 29 or 43, title 63, Idaho Code. 32 63-3902. DEFINITIONS. (1) The definitions contained in the Idaho income 33 tax act, shall apply to this chapter unless modified in this chapter or unless 34 the context clearly requires another definition. 35 (2) As used in this chapter: 36 (a) "Commission" means the Idaho state tax commission. 37 (b) "Headquarters or administrative facilities" means facility or facili- 38 ties, including related parking facilities, where corporate staff employ- 39 ees are physically employed, and where the majority of the company's ser- 40 vices are handled. Company services may include: accounts receivable and 2 1 payable, accounting, data processing, distribution management, employee 2 benefit plan, financial and securities accounting, information technology, 3 insurance, legal, merchandising, payroll, personnel, 4 purchasing/procurement, planning, reporting and compliance, tax, treasury, 5 or other headquarters-related services. 6 (c) "Idaho income tax act" means chapter 30, title 63, Idaho Code. 7 (d) "Investment in new plant" means investment in headquarters or admin- 8 istrative facilities, that are: 9 (i) Qualified investments; or 10 (ii) Buildings or structural components of buildings. 11 (e) "New employee": 12 (i) Means an individual, employed primarily within the project site 13 by the taxpayer, subject to Idaho income tax withholding whether or 14 not any amounts are required to be withheld, covered for unemployment 15 insurance purposes under chapter 13, title 72, Idaho Code, and who 16 was eligible to receive employer provided coverage under an accident 17 or health plan described in section 105 of the Internal Revenue Code 18 during the taxable year. A person shall be deemed to be so employed 19 if such person performs duties on a regular full-time basis. 20 (ii) The number of employees employed primarily within the project 21 site by the taxpayer, during any taxable year for a taxpayer shall be 22 the mathematical average of the number of such employees reported to 23 the Idaho department of commerce and labor for employment security 24 purposes during the twelve (12) months of the taxable year which 25 qualified under paragraph (e)(i) of this subsection (2). In the event 26 the business is in operation for less than the entire taxable year, 27 the number of employees of the taxpayer for the year shall be the 28 average number actually employed during the months of operation, pro- 29 vided that the qualifications of paragraph (e)(i) of this subsection 30 (2) are met. 31 (iii) Employees transferred from a related taxpayer or acquired as 32 part of the acquisition of a trade or business from another taxpayer 33 within the prior twelve (12) months are not included in this defini- 34 tion unless the transfer creates a net new job in Idaho. 35 (f) "Project period" means the period of time beginning at the earlier of 36 a physical change to the project site or the first employment of new 37 employees located in Idaho who are related to the activities at the proj- 38 ect site, but no earlier than January 1, 2005, and ending when the facili- 39 ties constituting the project are placed in service, but no later than 40 December 31, 2009. 41 (g) "Project site" means an area or areas at which headquarters and head- 42 quarters facilities are located and at which the tax incentive criteria 43 have been or will be met and which are either: 44 (i) A single geographic area located in this state at which the 45 headquarters or administrative facilities owned or leased by the tax- 46 payer are located; or 47 (ii) One (1) or more geographic areas located in this state if 48 eighty percent (80%) or more of the investment required by subsection 49 (2)(j)(i) of this section is made at one (1) of the areas. 50 (iii) The project site must be identified and described to the com- 51 mission by a taxpayer subject to tax under the Idaho income tax act, 52 in the form and manner prescribed by the commission. 53 (h) "Qualified investment" shall be defined as in section 63-3029B, Idaho 54 Code. 55 (i) "Recapture period" means: 3 1 (i) In the case of credits described in sections 63-3903 and 2 63-3904, Idaho Code, the same period for which a recapture of invest- 3 ment tax credit under section 63-3029B, Idaho Code, is required; or 4 (ii) In the case of credits described in section 63-3905, Idaho 5 Code, five (5) years from the date the project period ends. 6 (j) "Tax incentive criteria" means a taxpayer meeting at a project site 7 the requirements of both subparagraphs (i) and (ii) of this paragraph (j). 8 (i) During the project period, making capital investments in new 9 plant of at least fifteen million dollars ($15,000,000) at the proj- 10 ect site. 11 (ii) During a period of time beginning on January 1, 2005, and end- 12 ing at the conclusion of the project period: 13 1. Increasing employment at the project site by at least one 14 hundred twenty-five (125) new employees: 15 (A) Each of whom must earn at least fifteen dollars and 16 fifty cents ($15.50) per hour worked during the taxpayer's 17 taxable year; or 18 (B) Each of whom is part of a group of one hundred twenty- 19 five (125) or more employees at the project site, which 20 group on average earns at least twenty dollars and thirty- 21 one cents ($20.31) per hour worked during the taxpayer's 22 taxable year. Calculation of the group average earnings may 23 not include amounts paid to any employee earning more than 24 forty-eight dollars and eight cents ($48.08) per hour 25 worked during the taxpayer's taxable year. 26 (C) Earnings calculated pursuant to subparagraph (ii) of 27 this paragraph (j) shall include income upon which Idaho 28 income tax withholding is required under section 63-3035, 29 Idaho Code, but shall not include income such as stock 30 options or restricted stock grants. 31 (D) For purposes of determining whether the increased 32 employment threshold has been met, employment at the proj- 33 ect site shall be determined by calculating the increase of 34 such new employees reported to the Idaho department of com- 35 merce and labor for employment security purposes over the 36 employees so reported as of the beginning of the project 37 period or no earlier than January 1, 2005, whichever is 38 larger; and 39 2. Maintaining net increased employment in Idaho required by 40 subparagraph (ii)1. of this paragraph (j) during the remainder 41 of the project period. 42 (k) "Taxpayer," for purposes of paragraphs (j) and (e) of this subsection 43 (2), means either: 44 (i) A single taxpayer; or 45 (ii) In the context of a unitary group filing a combined report 46 under section 63-3027(t), Idaho Code, all members of a unitary group 47 includable in a combined report for the tax years in which the credit 48 provided for by this chapter may be claimed. For all other purposes, 49 the terms of section 63-3009, Idaho Code, and section 63-3027(t)(1), 50 Idaho Code, apply to the meaning of "taxpayer." 51 63-3903. ADDITIONAL INCOME TAX CREDIT FOR CAPITAL INVESTMENT. (1) For 52 taxable years beginning on or after January 1, 2005, and before December 31, 53 2009, and subject to the limitations of this chapter, a taxpayer who has cer- 54 tified that the tax incentive criteria will be met within a project site dur- 4 1 ing a project period shall, in regard to qualified investments made after the 2 beginning of the project period and before December 31, 2009, in lieu of the 3 investment tax credit provided in section 63-3029B, Idaho Code, be allowed a 4 nonrefundable credit against taxes imposed by sections 63-3024, 63-3025 and 5 63-3025A, Idaho Code, in the amount of three and seventy-five one hundredths 6 percent (3.75%) of the amount of qualified investment made during a taxable 7 year, wherever located within this state. 8 (2) The credit allowed by this section shall not exceed sixty-two and 9 five-tenths percent (62.5%) of the tax liability of the taxpayer. 10 (3) The credit allowed by this section shall not exceed one million two 11 hundred fifty thousand dollars ($1,250,000) in any one (1) taxable year. 12 63-3904. REAL PROPERTY IMPROVEMENT TAX CREDIT. (1) For taxable years 13 beginning on or after January 1, 2005, and before December 31, 2009, subject 14 to the limitations of this chapter, a taxpayer who has certified that the tax 15 incentive criteria will be met within a project site during a project period 16 shall be allowed a nonrefundable credit against taxes imposed by sections 17 63-3024, 63-3025 and 63-3025A, Idaho Code, in the amount of two and five- 18 tenths percent (2.5%) of the investment in new plant which is incurred during 19 the project period applicable to the project site in which the investment is 20 made. 21 (2) The credit allowed by this section shall not exceed one hundred 22 twenty-five thousand dollars ($125,000) in any one (1) taxable year. 23 (3) No credit is allowable under this section for a qualified investment 24 in regard to which a credit under section 63-3903, Idaho Code, is available. 25 (4) The credit allowed by this section is limited to buildings and struc- 26 tural components of buildings related to headquarters or administrative facil- 27 ities. 28 63-3905. ADDITIONAL INCOME TAX CREDIT FOR NEW JOBS. (1) Subject to the 29 limitations of this chapter, for taxable years beginning on or after January 30 1, 2005, and before December 31, 2009, a taxpayer who has certified that the 31 tax incentive criteria will be met within a project site during a project 32 period shall, for the number of new employees earning more than a rate of fif- 33 teen dollars and fifty cents ($15.50) per hour worked, in lieu of the credit 34 amount in subsection (2)(a) of section 63-3029F, Idaho Code, be allowed the 35 credit provided by this section. The number of new employees is the increase 36 in the number of employees for the current taxable year over the greater of 37 the following: 38 (a) The number of employees for the prior taxable year; or 39 (b) The average of the number of employees for the three (3) prior tax- 40 able years. 41 (2) The credit provided by this section shall be: 42 (a) One thousand dollars ($1,000) for each new employee whose annual sal- 43 ary during the taxable year for which the credit is earned is greater than 44 fifteen dollars and fifty cents ($15.50) per hour worked but equal to or 45 less than an average rate of twenty-four dollars and four cents ($24.04) 46 per hour worked; 47 (b) One thousand five hundred dollars ($1,500) for each new employee 48 whose annual salary during the taxable year for which the credit is earned 49 is greater than an average rate of twenty-four dollars and four cents 50 ($24.04) per hour worked but equal to or less than an average rate of 51 twenty-eight dollars and eighty-five cents ($28.85) per hour worked; 52 (c) Two thousand dollars ($2,000) for each new employee whose annual sal- 53 ary during the taxable year for which the credit is earned is greater than 5 1 an average rate of twenty-eight dollars and eighty-five cents ($28.85) per 2 hour worked but equal to or less than an average rate of thirty-six dol- 3 lars and six cents ($36.06) per hour worked; 4 (d) Two thousand five hundred dollars ($2,500) for each new employee 5 whose annual salary during the taxable year for which the credit is earned 6 is greater than an average rate of thirty-six dollars and six cents 7 ($36.06) per hour worked but equal to or less than an average rate of for- 8 ty-three dollars and twenty-seven cents ($43.27) per hour worked; 9 (e) Three thousand dollars ($3,000) for each new employee whose annual 10 salary during the taxable year for which the credit is earned is greater 11 than an average rate of forty-three dollars and twenty-seven cents 12 ($43.27) per hour worked. 13 (3) The credit allowed by subsection (1) of this section shall apply only 14 to employment primarily within the project site. No credit shall be earned 15 unless such employee shall have performed such duties for the taxpayer for a 16 minimum of nine (9) months during the taxable year for which the credit is 17 claimed. 18 (4) The credit allowed by this section shall not exceed sixty-two and 19 five-tenths percent (62.5%) of the tax liability of the taxpayer. 20 (5) Employees transferred from a related taxpayer or acquired from 21 another taxpayer within the prior twelve (12) months shall not be included in 22 the computation of the credit unless the transfer creates a net new job in 23 Idaho. 24 63-3906. LIMITATIONS, AND OTHER PROVISIONS ON CREDITS AGAINST INCOME 25 TAXES. (1) In addition to other needed rules, the state tax commission may 26 promulgate rules prescribing: 27 (a) In the case of S corporations, partnerships, trusts or estates, a 28 method of attributing a credit under this chapter to the shareholders, 29 partners or beneficiaries in proportion to their share of the income from 30 the S corporation, partnership, trust or estate; and 31 (b) The method by which the carryover of credits and the duty to recap- 32 ture credits shall survive and be transferred in the event of reorganiza- 33 tions, mergers or liquidations. 34 (2) In the case of a unitary group of corporations filing a combined 35 report under subsection (t) of section 63-3027, Idaho Code, credits against 36 income tax provided by sections 63-3903, 63-3904 and 63-3905, Idaho Code, 37 earned by one (1) member of the group but not used by that member may be used 38 by another member of the group, subject to the limitation in subsection (3) of 39 this section, instead of carried over. For a combined group of corporations, 40 credit carried forward may be claimed by any member of the group unless the 41 member or members who earned the credit are no longer included in the combined 42 group. 43 (3) The total of all credits allowed by sections 63-3903, 63-3904 and 44 63-3905, Idaho Code, together with any credits carried forward under subsec- 45 tion (4) of this section shall not exceed the amount of tax due under sections 46 63-3024, 63-3025 and 63-3025A, Idaho Code, after allowance for all other cre- 47 dits permitted by this chapter and the Idaho income tax act. 48 (4) If the credits exceed the limitation under subsection (3) of this 49 section, the excess amount may be carried forward for a period that does not 50 exceed: 51 (a) The next fourteen (14) taxable years in the case of credits allowed 52 by sections 63-3903 and 63-3904, Idaho Code; or 53 (b) The next ten (10) taxable years in the case of credits allowed by 54 section 63-3905, Idaho Code. 6 1 63-3907. RECAPTURE. (1) In the event that any person to whom a tax credit 2 allowed by section 63-3903, 63-3904 or 63-3905, Idaho Code, fails to meet the 3 tax incentive criteria, the full amount of the credit shall be subject to 4 recapture by the commission. 5 (2) If, during any taxable year, an investment in new plant is disposed 6 of, or otherwise ceases to qualify with respect to the taxpayer, prior to the 7 close of the recapture period, recapture of the credit allowed by sections 8 63-3903 and 63-3904, Idaho Code, shall be determined for such taxable year in 9 the same proportion and subject to the same provisions as an amount of credit 10 required to be recaptured under section 63-3029B, Idaho Code. 11 (3) In the event that the employment required in section 63-3902(2)(j), 12 Idaho Code, is not maintained for the entire recapture period, recapture of 13 the credit allowed in section 63-3905, Idaho Code, shall be determined for 14 such taxable year in the same proportion as an amount of credit required to be 15 recaptured under section 63-3029B, Idaho Code. This subsection shall not be 16 construed to require that the required level of employment must be met by the 17 same individual employees. 18 (4) Any amount subject to recapture is a deficiency in tax for the amount 19 of the credit in the taxable year in which the disqualification first occurs 20 and may be enforced and collected in the manner provided by the Idaho income 21 tax act, provided however, that in lieu of the provisions of section 22 63-3068(a), Idaho Code, the period of time within which the commission may 23 issue a notice under section 63-3045, Idaho Code, in regard to an amount sub- 24 ject to recapture shall be the later of five (5) years after the end of the 25 taxable year in which the project period ends or three (3) years after the end 26 of the taxable year in which any amounts carried forward under section 27 63-3906, Idaho Code, expire. 28 63-3908. SALES AND USE TAX INCENTIVES -- REBATES -- RECAPTURE. (1) For 29 calendar years beginning on January 1, 2005, and ending on December 31, 2009, 30 subject to the limitations of this chapter, a taxpayer who has certified that 31 the tax incentive criteria will be met within the project site shall be enti- 32 tled to receive a rebate of twenty-five percent (25%) of all sales and use 33 taxes imposed by chapter 36, title 63, Idaho Code, and that the taxpayer or 34 its contractors actually paid in regard to any property constructed, located 35 or installed within the project site during the project period for that site. 36 (2) Upon filing of a written refund claim by the taxpayer entitled to the 37 rebate, and subject to such reasonable documentation and verification as the 38 commission may require, the rebate shall be paid by the commission as a refund 39 allowable under section 63-3626, Idaho Code. A claim for rebate under this 40 section must be filed on or before the last day of the third calendar year 41 following the year in which the taxes sought to be rebated were paid or the 42 right to the rebate is lost. 43 (3) Any rebate paid shall be subject to recapture by the commission: 44 (a) At one hundred percent (100%) in the event that the tax incentive 45 criteria are not met at the project site during the project period, or 46 (b) In the event that the property is not used, stored or otherwise con- 47 sumed within the project site for a period of sixty (60) consecutive full 48 months after the property was placed in service, or 49 (c) In the event that the employment required in section 63-3902(2)(j), 50 Idaho Code, is not maintained for sixty (60) consecutive full months from 51 the date the project period ends. 52 (d) Any recapture required by subsection (3)(b) or (3)(c) of this section 53 shall be in the same proportion as an amount of credit required to be 54 recaptured under section 63-3029B, Idaho Code. 7 1 (4) Any recapture amount due under this section shall be a deficiency in 2 tax for the period in which the disqualification first occurs for purposes of 3 section 63-3629, Idaho Code, and may be enforced and collected in the manner 4 provided by the Idaho sales tax act, provided however, that in lieu of the 5 provisions of section 63-3633, Idaho Code, the period of time within which the 6 commission may issue a notice under section 63-3629, Idaho Code, in regard to 7 an amount subject to recapture, shall be the later of five (5) years after the 8 end of the taxable year, for income tax purposes, in which the project period 9 ends. 10 (5) The rebate allowed by this section is limited to sales and use taxes 11 actually paid by the taxpayer or its contractors for taxable property related 12 to headquarters or administrative facilities. 13 63-3909. ADMINISTRATION. The commission shall enforce the provisions of 14 this chapter and may prescribe, adopt, and enforce reasonable rules relating 15 to the administration and enforcement of those provisions, including the pro- 16 mulgation of rules relating to information necessary to certify that the 17 incentive criteria have been or will be met. For the purpose of carrying out 18 its duties to enforce or administer the provisions of this chapter, the com- 19 mission shall have the powers and duties provided by sections 63-3038, 20 63-3039, 63-3042 through 63-3067, 63-3068, 63-3071, 63-3074 through 63-3078 21 and 63-217, Idaho Code. 22 SECTION 3. That Title 63, Idaho Code, be, and the same is hereby amended 23 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap- 24 ter 43, Title 63, Idaho Code, and to read as follows: 25 CHAPTER 43 26 MEDIUM-SIZED BUSINESS GROWTH INCENTIVE ACT OF 2005 27 63-4301. APPLICATION. No provision of this chapter applies to a person, 28 taxpayer, or other entity entitled to, applying for, or receiving any credit, 29 rebate or other benefit under chapter 29 or 39, title 63, Idaho Code. 30 63-4302. DEFINITIONS. (1) The definitions contained in the Idaho income 31 tax act, shall apply to this chapter unless modified in this chapter or unless 32 the context clearly requires another definition. 33 (2) As used in this chapter: 34 (a) "Commission" means the Idaho state tax commission. 35 (b) "Headquarters or administrative facilities" means facility or facili- 36 ties, including related parking facilities, where corporate staff employ- 37 ees are physically employed, and where the majority of the company's ser- 38 vices are handled. Company services may include: accounts receivable and 39 payable, accounting, data processing, distribution management, employee 40 benefit plan, financial and securities accounting, information technology, 41 insurance, legal, merchandising, payroll, personnel, 42 purchasing/procurement, planning, reporting and compliance, tax, treasury, 43 or other headquarters-related services. 44 (c) "Idaho income tax act" means chapter 30, title 63, Idaho Code. 45 (d) "Investment in new plant" means investment in headquarters or admin- 46 istrative facilities, that are: 47 (i) Qualified investments; or 48 (ii) Buildings or structural components of buildings. 49 (e) "New employee": 50 (i) Means an individual, employed primarily within the project site 8 1 by the taxpayer, subject to Idaho income tax withholding whether or 2 not any amounts are required to be withheld, covered for unemployment 3 insurance purposes under chapter 13, title 72, Idaho Code, and who 4 was eligible to receive employer provided coverage under an accident 5 or health plan described in section 105 of the Internal Revenue Code 6 during the taxable year. A person shall be deemed to be so employed 7 if such person performs duties on a regular full-time basis. 8 (ii) The number of employees employed primarily within the project 9 site by the taxpayer, during any taxable year for a taxpayer shall be 10 the mathematical average of the number of such employees reported to 11 the Idaho department of commerce and labor for employment security 12 purposes during the twelve (12) months of the taxable year which 13 qualified under paragraph (e)(i) of this subsection (2). In the event 14 the business is in operation for less than the entire taxable year, 15 the number of employees of the taxpayer for the year shall be the 16 average number actually employed during the months of operation, pro- 17 vided that the qualifications of paragraph (e)(i) of this subsection 18 (2) are met. 19 (iii) Employees transferred from a related taxpayer or acquired as 20 part of the acquisition of a trade or business from another taxpayer 21 within the prior twelve (12) months are not included in this defini- 22 tion unless the transfer creates a net new job in Idaho. 23 (f) "Project period" means the period of time beginning at the earlier of 24 a physical change to the project site or the first employment of new 25 employees located in Idaho who are related to the activities at the proj- 26 ect site, but no earlier than January 1, 2005, and ending when the facili- 27 ties constituting the project are placed in service, but no later than 28 December 31, 2009. 29 (g) "Project site" means an area or areas at which headquarters and head- 30 quarters facilities are located and at which the tax incentive criteria 31 have been or will be met and which are either: 32 (i) A single geographic area located in this state at which the 33 headquarters or administrative facilities owned or leased by the tax- 34 payer are located; or 35 (ii) One (1) or more geographic areas located in this state if 36 eighty percent (80%) or more of the investment required by subsection 37 (2)(j)(i) of this section is made at one (1) of the areas. 38 (iii) The project site must be identified and described to the com- 39 mission by a taxpayer subject to tax under the Idaho income tax act, 40 in the form and manner prescribed by the commission. 41 (h) "Qualified investment" shall be defined as in section 63-3029B, Idaho 42 Code. 43 (i) "Recapture period" means: 44 (i) In the case of credits described in sections 63-4303 and 45 63-4304, Idaho Code, the same period for which a recapture of invest- 46 ment tax credit under section 63-3029B, Idaho Code, is required; or 47 (ii) In the case of credits described in section 63-4305, Idaho 48 Code, five (5) years from the date the project period ends. 49 (j) "Tax incentive criteria" means a taxpayer meeting at a project site 50 the requirements of both subparagraphs (i) and (ii) of this paragraph (j). 51 (i) During the project period, making capital investments in new 52 plant of at least thirty million dollars ($30,000,000) at the project 53 site. 54 (ii) During a period of time beginning on January 1, 2005, and end- 55 ing at the conclusion of the project period: 9 1 1. Increasing employment at the project site by at least two 2 hundred fifty (250) new employees: 3 (A) Each of whom must earn at least nineteen dollars and 4 twenty-three cents ($19.23) per hour worked during the 5 taxpayer's taxable year; or 6 (B) Each of whom is part of a group of two hundred fifty 7 (250) or more employees at the project site which group on 8 average earns at least twenty-four dollars and four cents 9 ($24.04) per hour worked during the taxpayer's taxable 10 year. Calculation of the group average earnings may not 11 include amounts paid to any employee earning more than 12 forty-eight dollars and eight cents ($48.08) per hour 13 worked during the taxpayer's taxable year. 14 (C) Earnings calculated pursuant to subparagraph (ii) of 15 this paragraph (j) shall include income upon which Idaho 16 income tax withholding is required under section 63-3035, 17 Idaho Code, but shall not include income such as stock 18 options or restricted stock grants. 19 (D) For purposes of determining whether the increased 20 employment threshold has been met, employment at the proj- 21 ect site shall be determined by calculating the increase of 22 such new employees reported to the Idaho department of com- 23 merce and labor for employment security purposes over the 24 employees so reported as of the beginning of the project 25 period or no earlier than January 1, 2005, whichever is 26 larger; and 27 2. Maintaining net increased employment in Idaho required by 28 subparagraph (ii)1. of this paragraph (j) during the remainder 29 of the project period. 30 (k) "Taxpayer," for purposes of paragraphs (j) and (e) of this subsection 31 (2), means either: 32 (i) A single taxpayer; or 33 (ii) In the context of a unitary group filing a combined report 34 under section 63-3027(t), Idaho Code, all members of a unitary group 35 includable in a combined report for the tax years in which the credit 36 provided for by this chapter may be claimed. For all other purposes, 37 the terms of section 63-3009, Idaho Code, and section 63-3027(t)(1), 38 Idaho Code, apply to the meaning of "taxpayer." 39 63-4303. ADDITIONAL INCOME TAX CREDIT FOR CAPITAL INVESTMENT. (1) For 40 taxable years beginning on or after January 1, 2005, and before December 31, 41 2009, and subject to the limitations of this chapter, a taxpayer who has cer- 42 tified that the tax incentive criteria will be met within a project site dur- 43 ing a project period shall, in regard to qualified investments made after the 44 beginning of the project period and before December 31, 2009, in lieu of the 45 investment tax credit provided in section 63-3029B, Idaho Code, be allowed a 46 nonrefundable credit against taxes imposed by sections 63-3024, 63-3025 and 47 63-3025A, Idaho Code, in the amount of four and five-tenths percent (4.5%) of 48 the amount of qualified investment made during a taxable year, wherever 49 located within this state. 50 (2) The credit allowed by this section shall not exceed seventy-five per- 51 cent (75%) of the tax liability of the taxpayer. 52 (3) The credit allowed by this section shall not exceed two million five 53 hundred thousand dollars ($2,500,000) in any one (1) taxable year. 10 1 63-4304. REAL PROPERTY IMPROVEMENT TAX CREDIT. (1) For taxable years 2 beginning on or after January 1, 2005, and before December 31, 2009, subject 3 to the limitations of this chapter, a taxpayer who has certified that the tax 4 incentive criteria will be met within a project site during a project period 5 shall be allowed a nonrefundable credit against taxes imposed by sections 6 63-3024, 63-3025 and 63-3025A, Idaho Code, in the amount of five percent (5%) 7 of the investment in new plant which is incurred during the project period 8 applicable to the project site in which the investment is made. 9 (2) The credit allowed by this section shall not exceed two hundred fifty 10 thousand dollars ($250,000) in any one (1) taxable year. 11 (3) No credit is allowable under this section for a qualified investment 12 in regard to which a credit under section 63-4303, Idaho Code, is available. 13 (4) The credit allowed by this section is limited to buildings and struc- 14 tural components of buildings related to headquarters or administrative facil- 15 ities. 16 63-4305. ADDITIONAL INCOME TAX CREDIT FOR NEW JOBS. (1) Subject to the 17 limitations of this chapter, for taxable years beginning on or after January 18 1, 2005, and before December 31, 2009, a taxpayer who has certified that the 19 tax incentive criteria will be met within a project site during a project 20 period shall, for the number of new employees earning more than a rate of 21 nineteen dollars and twenty-three cents ($19.23) per hour worked, in lieu of 22 the credit amount in subsection (2)(a) of section 63-3029F, Idaho Code, be 23 allowed the credit provided by this section. The number of new employees is 24 the increase in the number of employees for the current taxable year over the 25 greater of the following: 26 (a) The number of employees for the prior taxable year; or 27 (b) The average of the number of employees for the three (3) prior tax- 28 able years. 29 (2) The credit provided by this section shall be: 30 (a) One thousand dollars ($1,000) for each new employee whose annual sal- 31 ary during the taxable year for which the credit is earned is greater than 32 fifteen dollars and fifty cents ($15.50) per hour worked but equal to or 33 less than an average rate of twenty-four dollars and four cents ($24.04) 34 per hour worked; 35 (b) One thousand five hundred dollars ($1,500) for each new employee 36 whose annual salary during the taxable year for which the credit is earned 37 is greater than an average rate of twenty-four dollars and four cents 38 ($24.04) per hour worked but equal to or less than an average rate of 39 twenty-eight dollars and eighty-five cents ($28.85) per hour worked; 40 (c) Two thousand dollars ($2,000) for each new employee whose annual sal- 41 ary during the taxable year for which the credit is earned is greater than 42 an average rate of twenty-eight dollars and eighty-five cents ($28.85) per 43 hour worked but equal to or less than an average rate of thirty-six dol- 44 lars and six cents ($36.06) per hour worked; 45 (d) Two thousand five hundred dollars ($2,500) for each new employee 46 whose annual salary during the taxable year for which the credit is earned 47 is greater than an average rate of thirty-six dollars and six cents 48 ($36.06) per hour worked but equal to or less than an average rate of for- 49 ty-three dollars and twenty-seven cents ($43.27) per hour worked; 50 (e) Three thousand dollars ($3,000) for each new employee whose annual 51 salary during the taxable year for which the credit is earned is greater 52 than an average rate of forty-three dollars and twenty-seven cents 53 ($43.27) per hour worked. 54 (3) The credit allowed by subsection (1) of this section shall apply only 11 1 to employment primarily within the project site. No credit shall be earned 2 unless such employee shall have performed such duties for the taxpayer for a 3 minimum of nine (9) months during the taxable year for which the credit is 4 claimed. 5 (4) The credit allowed by this section shall not exceed seventy-five per- 6 cent (75%) of the tax liability of the taxpayer. 7 (5) Employees transferred from a related taxpayer or acquired from 8 another taxpayer within the prior twelve (12) months shall not be included in 9 the computation of the credit unless the transfer creates a net new job in 10 Idaho. 11 63-4306. LIMITATIONS, AND OTHER PROVISIONS ON CREDITS AGAINST INCOME 12 TAXES. (1) In addition to other needed rules, the state tax commission may 13 promulgate rules prescribing: 14 (a) In the case of S corporations, partnerships, trusts or estates, a 15 method of attributing a credit under this chapter to the shareholders, 16 partners or beneficiaries in proportion to their share of the income from 17 the S corporation, partnership, trust or estate; and 18 (b) The method by which the carryover of credits and the duty to recap- 19 ture credits shall survive and be transferred in the event of reorganiza- 20 tions, mergers or liquidations. 21 (2) In the case of a unitary group of corporations filing a combined 22 report under subsection (t) of section 63-3027, Idaho Code, credits against 23 income tax provided by sections 63-4303, 63-4304 and 63-4305, Idaho Code, 24 earned by one (1) member of the group but not used by that member may be used 25 by another member of the group, subject to the limitation in subsection (3) of 26 this section, instead of carried over. For a combined group of corporations, 27 credit carried forward may be claimed by any member of the group unless the 28 member or members who earned the credit are no longer included in the combined 29 group. 30 (3) The total of all credits allowed by sections 63-4303, 63-4304 and 31 63-4305, Idaho Code, together with any credits carried forward under subsec- 32 tion (4) of this section shall not exceed the amount of tax due under sections 33 63-3024, 63-3025 and 63-3025A, Idaho Code, after allowance for all other cre- 34 dits permitted by this chapter and the Idaho income tax act. 35 (4) If the credits exceed the limitation under subsection (3) of this 36 section, the excess amount may be carried forward for a period that does not 37 exceed: 38 (a) The next fourteen (14) taxable years in the case of credits allowed 39 by sections 63-4303 and 63-4304, Idaho Code; or 40 (b) The next ten (10) taxable years in the case of credits allowed by 41 section 63-4305, Idaho Code. 42 63-4307. RECAPTURE. (1) In the event that any person to whom a tax credit 43 allowed by section 63-4303, 63-4304 or 63-4305, Idaho Code, fails to meet the 44 tax incentive criteria, the full amount of the credit shall be subject to 45 recapture by the commission. 46 (2) If, during any taxable year, an investment in new plant is disposed 47 of, or otherwise ceases to qualify with respect to the taxpayer, prior to the 48 close of the recapture period, recapture of the credit allowed by sections 49 63-4303 and 63-4304, Idaho Code, shall be determined for such taxable year in 50 the same proportion and subject to the same provisions as an amount of credit 51 required to be recaptured under section 63-3029B, Idaho Code. 52 (3) In the event that the employment required in section 63-4302(2)(j), 53 Idaho Code, is not maintained for the entire recapture period, recapture of 12 1 the credit allowed in section 63-4305, Idaho Code, shall be determined for 2 such taxable year in the same proportion as an amount of credit required to be 3 recaptured under section 63-3029B, Idaho Code. This subsection shall not be 4 construed to require that the required level of employment must be met by the 5 same individual employees. 6 (4) Any amount subject to recapture is a deficiency in tax for the amount 7 of the credit in the taxable year in which the disqualification first occurs 8 and may be enforced and collected in the manner provided by the Idaho income 9 tax act, provided however, that in lieu of the provisions of section 63- 10 3068(a), Idaho Code, the period of time within which the commission may issue 11 a notice under section 63-3045, Idaho Code, in regard to an amount subject to 12 recapture shall be the later of five (5) years after the end of the taxable 13 year in which the project period ends or three (3) years after the end of the 14 taxable year in which any amounts carried forward under section 63-4306, Idaho 15 Code, expire. 16 63-4308. SALES AND USE TAX INCENTIVES -- REBATES -- RECAPTURE. (1) For 17 calendar years beginning on January 1, 2005, and ending on December 31, 2009, 18 subject to the limitations of this chapter, a taxpayer who has certified that 19 the tax incentive criteria will be met within the project site shall be enti- 20 tled to receive a rebate of fifty percent (50%) of all sales and use taxes 21 imposed by chapter 36, title 63, Idaho Code, and that the taxpayer or its con- 22 tractors actually paid in regard to any property constructed, located or 23 installed within the project site during the project period for that site. 24 (2) Upon filing of a written refund claim by the taxpayer entitled to the 25 rebate, and subject to such reasonable documentation and verification as the 26 commission may require, the rebate shall be paid by the commission as a refund 27 allowable under section 63-3626, Idaho Code. A claim for rebate under this 28 section must be filed on or before the last day of the third calendar year 29 following the year in which the taxes sought to be rebated were paid or the 30 right to the rebate is lost. 31 (3) Any rebate paid shall be subject to recapture by the commission: 32 (a) At one hundred percent (100%) in the event that the tax incentive 33 criteria are not met at the project site during the project period, or 34 (b) In the event that the property is not used, stored or otherwise con- 35 sumed within the project site for a period of sixty (60) consecutive full 36 months after the property was placed in service, or 37 (c) In the event that the employment required in section 63-4302(2)(j), 38 Idaho Code, is not maintained for sixty (60) consecutive full months from 39 the date the project period ends. 40 (d) Any recapture required by subsection (3)(b) or (3)(c) of this section 41 shall be in the same proportion as an amount of credit required to be 42 recaptured under section 63-3029B, Idaho Code. 43 (4) Any recapture amount due under this section shall be a deficiency in 44 tax for the period in which the disqualification first occurs for purposes of 45 section 63-3629, Idaho Code, and may be enforced and collected in the manner 46 provided by the Idaho sales tax act, provided however, that in lieu of the 47 provisions of section 63-3633, Idaho Code, the period of time within which the 48 commission may issue a notice under section 63-3629, Idaho Code, in regard to 49 an amount subject to recapture, shall be the later of five (5) years after the 50 end of the taxable year, for income tax purposes, in which the project period 51 ends. 52 (5) The rebate allowed by this section is limited to sales and use taxes 53 actually paid by the taxpayer or its contractors for taxable property related 54 to headquarters or administrative facilities. 13 1 63-4309. ADMINISTRATION. The commission shall enforce the provisions of 2 this chapter and may prescribe, adopt, and enforce reasonable rules relating 3 to the administration and enforcement of those provisions, including the pro- 4 mulgation of rules relating to information necessary to certify that the 5 incentive criteria have been or will be met. For the purpose of carrying out 6 its duties to enforce or administer the provisions of this chapter, the com- 7 mission shall have the powers and duties provided by sections 63-3038, 8 63-3039, 63-3042 through 63-3067, 63-3068, 63-3071, 63-3074 through 63-3078 9 and 63-217, Idaho Code. 10 SECTION 4. That Chapter 6, Title 63, Idaho Code, be, and the same is 11 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 12 ignated as Section 63-606, Idaho Code, and to read as follows: 13 63-606. SMALL AND MEDIUM-SIZED BUSINESS GROWTH INCENTIVE EXEMPTION. (1) 14 The county board of equalization of any county in which any property, the 15 investment in which qualifies for the income tax credits described in sections 16 63-3903, 63-3904, 63-4303 and 63-4304, Idaho Code, is located may exempt all 17 or a portion of the value of such property from property taxation. The board 18 may grant the exemption when it finds that the investments in such property 19 benefit the citizens within the county and taxing districts within the county 20 in a manner and to such a degree that to grant the exemption is necessary and 21 just. 22 (2) When granting an exemption under this section, the board shall also 23 specify whether the property exempted shall be included on any new construc- 24 tion roll prepared by the county assessor in accordance with section 63-301A, 25 Idaho Code. 26 (3) Applications for the exemption under this section shall be considered 27 by the board as other applications for exemption under section 63-501, Idaho 28 Code. Upon request of the board, the state tax commission may disclose to the 29 board or county official designated by the board information necessary to 30 identify and determine the property upon which the exemption may be granted. 31 32 SECTION 5. SEVERABILITY. The provisions of this act are hereby declared 33 to be severable and if any provision of this act or the application of such 34 provision to any person or circumstance is declared invalid for any reason, 35 such declaration shall not affect the validity of the remaining portions of 36 this act. 37 SECTION 6. An emergency existing therefor, which emergency is hereby 38 declared to exist, this act shall be in full force and effect on and after its 39 passage and approval, and retroactively to January 1, 2005.
STATEMENT OF PURPOSE RS 15051 This bill is the Idaho "Small Business Growth Incentive Act of 2005" and the Idaho "Medium-Sized Business Growth Incentive Act of 2005." Together they provide qualifying businesses with: Income tax credits: o A 3.75% investment tax credit with a credit limitation of 62.5%; Or a 4.50% investment tax credit with a credit limitation of 75%. o An additional new jobs tax credit with a graduated scale starting at $1,000 per job and climbing to $3,000 per job. o A 2.5% or a 5.0% real property improvement tax credit for investment in headquarters or administrative buildings of up to $125,000 or $250,000 in any one year. A temporary sales tax abatement of either 25% or 50% for materials used in new headquarters and administrative buildings. To qualify a company must: o Create at least 125 or 250 new jobs in Idaho; o Jobs must have a starting annual salary of at least $32,240 or $40,000 per year, plus benefits; o Invest at least $15 million or $30 million in new headquarters or administrative buildings; and o Accomplish this within a five-year period. Existing recapture provisions apply. Conveys authority to county boards of equalization to exempt new plant investment at project site from property taxation. FISCAL NOTE Impact on General Fund New New New Net For Fiscal Year 2006- New Rev. Local State Costs Impact If Option One $2.1 m $0.564 m $1.5 m $0.375 m $1.1 m (if 250 new employees) If Option Two $1.1 m $0.265 m $0.796 m $0.109 m $0.687 m (if 125 new employees) Impact on General Fund New New New Net For Life of Tax Credits - New Rev. Local State Costs Impact If Option One $25.1 m $13.2 m $12.0 m $2.4 m $9.6 m (if 250 new employees) If Option Two $12.7 m $6.1 m $ 6.7 m $0.731 m $5.9 m (if 125 new employees) Contact: Brian Whitlock Agency: Governor's Office Telephone: 334-2100 STATEMENT OF PURPOSE/FISCAL NOTE H 259